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Home My WebLink About2016-10-18-Meeting AgendaCommission Meeting Agenda Commission Chamber 10/18/2016 2:00 PM INVOCATION:Pastor Paul Coppett, Senior Pastor of Cathedral of Praise Church of God in Christ. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. PRESENTATION(S) A.Ms. Brenda Durant, Greater Augusta Arts Council regarding presentation of the 2016 City Arts Grants. Attachments CONSENT AGENDA (Items 1-21) PLANNING 1. Z-16-32 – A petition for concurrence with the Augusta Planning Commission to approve, with the conditions stated below, a Southern Meadows Development LLC, on behalf of Randy Watkins, requesting a Special Exception to establish an attached townhome development not to exceed a density of seven (7) units per acre per Section 11-2 (a) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing approximately 9.59 acres and known as 3632, 3628-B and 3628-C Belair Road. Tax Map 053-0-044-01-0, 053-0- 172-00-0 and 053-0-0174-00-0 CONTINUED from September 7, 2016. DISTRICT 3 1. The final development plan must meet the following conditions: · The proposed density of the development must not exceed 60 units, or 6.26 units per gross acre; · Those lots shall be developed within a period not to exceed 2 years. Note that the concept plan, submitted September 7, 2016, is for illustrative purposes only and the lot layout may differ slightly from the concept plan presented with this application due to phasing of the lots. 2. As offered by the developer, exterior materials shall consist of cement-board siding with stone or brick accents. The use of vinyl is not allowed. 3. Attachments Guest parking shall be provided and installed in all areas of the development. The 9 guest parking spaces as shown on the 8/3/2016 Concept Plan must be installed east of lot 27. Additional guest parking must be provided west of lot 18 (6 spaces adjacent to the mail kiosk area), east of lot 19 (4 spaces) and west of lot 1 (5 spaces) for a total of 25 guest parking spaces. 4. A minimum 10-foot wide buffer yard on all side and rear boundaries of the development, which meets the requirements of the Augusta Tree Ordinance must be provided. 5. Open space must meet or exceed the acreage for open space provided on the Concept Plan dated 8/3/2016 and provided with the rezoning application. 6. Sidewalks shall be constructed on at least one side of each new street to promote walkability and to keep pedestrians out of the roadway. 7. Lighting shall be installed at all intersections to facilitate pedestrian movement crossing the street from sidewalk to sidewalk. 8. Streets shall be private and must be built to standards of the Augusta Engineering Department for subgrade, base and paving, riding surface width, and use of curb and gutter. 9. Water and sewer must be extended from their present locations to the site at the expense of the developer. 2. Z-16-35 – A petition for concurrence with the Augusta Planning Commission to approve, with the conditions stated below, a by Glenn Brown requesting a change of zoning from Zone A (Agriculture) to Zone LI (Light Industry) affecting property containing 1.11 acres and is known as 840 Scott Nixon Memorial Drive. Tax Map 022-0-012-00- 0 DISTRICT 3 1. A site plan will be required for the parking area to be constructed on the subject property. The proposed Site Plan must meet the following conditions: a. A driveway large enough to accommodate truck traffic; b. Parking shall be limited to only the two vehicles described in the application and on the concept plan; c. No parking of commercial vehicles is permitted within 50 feet of the eastern property line pursuant to requirements in Section 23-6 of the Comprehensive Zoning Ordinance; d. Gravel, or other material required by the Augusta Engineering Department, shall be used in the parking area, in no case shall the surface of the parking area be dirt; and e. Dusk to dawn security lighting must be provided in the parking area. 2. A street yard, and a minimum 10-foot wide buffer yard, must be Attachments installed along the eastern property line. Materials for the required 6-ft. fence will be determined by the Planning and Development staff after consulting with the adjoining neighbors. 3. Future development of the property to include buildings would require that the property owner extend water and sewer to the subject property at his own expense. 3. Z-16-36 – A petition for concurrence with the Augusta Planning Commission to approve with the conditions stated below, a by Herman and Kittle Properties Inc., on behalf of Margaret Mayo Cordle Caughman Living Trust, requesting a change of zoning from Zone A (Agriculture) and Zone R-1 (One-family Residential) to Zone R-3B (Multiple-family Residential) affecting property containing approximately 31.34 acres and is part of 2590 Tobacco Road. part of Tax Map 141-0-004-04-0 DISTRICT 4 1. The final concept plan must meet the following conditions: a. As offered by the developer, exterior materials shall consist of 50 % cement-board siding and 50% brick. The use of vinyl is not allowed. b. The proposed density of the overall development (senior and family apartments) must not exceed 6.91 units per acre for the senior section and 11.62 units per acre for the family section. c. The overall development shall contain a minimum of 526 total parking spaces and must provide the following visitor parking spaces – 33 visitor parking spaces for the senior section and 38 visitor parking spaces for the family section. d. Additional guest parking may be utilized by placing required parking lot trees behind the sidewalk in various locations, at the discretion of the Augusta Planning & Development Executive Director. e. The 50-foot undisturbed buffer and the 100-foot undisturbed buffer must be maintained and may not have any additional encroachments other than those delineated on the concept plan submitted with the rezoning application. Both buffers need to be labeled as “undisturbed”. f. Sidewalks must be maintained on both sides of the driveways in each section (senior and family sections) of the development. g. All amenities as shown on the concept plan submitted with the rezoning application must be maintained. h. All amenities as shown on the final concept plan must be constructed at the time the applicable section (senior and family apartments) is constructed. 2. A traffic signal must be constructed at the entrance to this development, if required by the Traffic Engineer. 3. Maxx Road, or a suitable second entrance approved by the Augusta Engineering Department and Planning & Development Department Executive Director, must be constructed at the time the family section of the development is constructed. 4. Any upgrades to existing utilities to provide water and sewer to the site will be at the expense of the Attachments developer. PUBLIC SERVICES 4.Motion to approve New Location: A.N. 16-33: request by Kathenia Mantey for an on premise consumption Beer License to be used in connection with K's Buffalo Wings located at 828 Broad Street. District 1. Super District 9. (Approved by Public Services Committee October 11, 2016) Attachments 5.Motion to approve New Ownership: A.N. 16-34: A request by Ravi P. Vuppula for a retail package Beer & Wine License to be used in connection with Polaris Food & Gas 2016, Inc. located at 4002 Deans Bridge Rd. District 8. Super District 10.(Approved by Public Services Committee October 11, 2016) Attachments 6.Motion to authorize a contract with SKANSKA USA Building Inc., to perform Construction Project Management Services for Augusta’s Transit Operation and Maintenance Facility Project. (Approved by Public Services Committee October 11, 2016) Attachments 7.Motion to approve an award of Bid Item 16-174 with Sommers Construction in the amount of $159,340 for the construction of a new bath house facility as part of the Diamond Lakes Campground Project. (Approved by Public Services Committee October 11, 2016) Attachments 8.Motion to approve accepting grant award from the Federal Aviation Administration (FAA) in the amount of $14,782,155.00 for the Reconstruction and Extension of Taxiway A. as approved by the Augusta Aviation Commission September 29, 2016 meeting. (Approved by Public Services Committee October 11, 2016) Attachments 9.Motion to approve accept grant award from the Georgia Department of Transportation (GDOT) in the amount of $896,042.40 for the Reconstruction and Extension of Taxiway A as approved by the Augusta Aviation Commission at their September 29, 2016 meeting. (Approved by Public Services Committee October 11, 2016) Attachments 10.Motion to approve/accept the recommendation of the Planning Director to work with Mr. Jackson Brown and the Law Department to modify the ordinance to accommodate his operation relative to his request for a variance to allow him to perform comedy four days a week. (Approved by Public Services Committee October 11, 2016) Attachments 11.Motion to approve focusing/working on the list developed in June 2016 that are located between 8th and 10th Streets that can be done within the current budget regarding improvements to the River Walk. (Approved by Public Services Committee October 11, 2016) . Attachments ADMINISTRATIVE SERVICES 12.Motion to approve award of the contract to install emergency generator connectors at Warren Road Community Center and Henry Brigham Community Center to Data Power Source (DPS) of Covington, GA in the amount of $119,650. (Bid Item 16-187)(Approved by Administrative Services Committee October 11, 2016) Attachments PUBLIC SAFETY 13.Motion to approve the allocation of funding for the Richmond County Sheriff's Office (RCSO) in the amount of $56,947.00 for the Justice Assistance Grant (JAG) Program.(Approved by Public Safety Committee October 11, 2016) Attachments 14.Motion to approve Richmond County Sheriff's Office (RCSO) request for approval of funding to support the Georgia Emergency Management Agency (GEMA) Region #5 Chemical, Biological, Radiological, Nuclear, Explosive (CBRNE) team. ($36,460.00) (Approved by Public Safety Committee October 11, 2016) Attachments 15.Motion to approve the Richmond County Sheriff's Office (RCSO) request for approval of funding ($6,000.00) from the Georgia Emergency Management Agency (GEMA) in support of the Region #3 Explosive K-9 team. (Approved by Public Safety Committee October 11, 2016) Attachments 16.Motion to authorize the Richmond County Sheriff's Office request to purchase three (3) video storage devices for the Charles B. Webster Detention Center in the amount of $79,998.00 from Icotech of Alabama. (Approved by Public Safety Committee October 11, 2016) Attachments 17.The Richmond County Sheriff's Office (RCSO) is requesting approval of funding in the amount of $186,000.00 from the Georgia Emergency Management Agency (GEMA) to sustain the RCSO Explosive Ordnance Disposal (EOD) team.(Approved by Public Safety Committee October 11, 2016) Attachments 18.Motion to approve entering into an MOU with State of Georgia Emergency Management & Homeland Security Agency (GEMHSA) and to authorize the Mayor to execute the appropriate documents. (Approved by Public Safety Committee October 11, 2016) Attachments 19.Motion to approve the selection of Engineering Associates, LLC as the vendor of choice to provide consulting services, as outlined in RFP # 16- 200 Land Mobile Radio Consulting Services.(Approved by Public Safety Committee October 11, 2016) Attachments 20.Motion to approve the award of RFQ Item #16-198 Architectural Design Services to Johnson Laschober & Associates. and authorize the Mayor to execute the appropriate documents. (Approved by Public Safety Committee October 11, 2016) . Attachments PETITIONS AND COMMUNICATIONS 21.Motion to approve the minutes of the regular meeting of the Commission held October 4, 2016 and Special Called Meeting October 11, 2016. Attachments ****END CONSENT AGENDA**** AUGUSTA COMMISSION 10/18/2016 AUGUSTA COMMISSION REGULAR AGENDA 10/18/2016 (Items 22-32) ADMINISTRATIVE SERVICES 22.Create Abandon Property Task Force. (Requested by Commissioner Marion Williams) Attachments PUBLIC SAFETY 23.Update from Administration on the Unisys Substation. (Requested by Commissioner Ben Hasan) Attachments FINANCE 24.Present the 2017 proposed budget Attachments ENGINEERING SERVICES 25.Motion to authorize condemnation to acquire title of a portion of property for right of way and one temporary driveway easement (Parcel 033-2-111-00-0) 502 Highland Avenue. Attachments 26.Motion to authorize condemnation to acquire title of the entire parcel, (Parcel 087-2-124-00-0) 2041 Walnut Street. Attachments 27.Motion to authorize condemnation to acquire title of the entire parcel, (Parcel 087-2-227-00-0) 2020 Golden Rod Street. Attachments 28.Consider approval of RFQ#16-205: Sanitary Sewer Connection Services Task Order Program Phase II for the City of Augusta – Utilities Department in the amount of $1,000,000 for execution by Universal Plumbing, Southern Services, Stark Plumbing and Earl L. Babbitt as qualified and selected contractors. Attachments Upcoming Meetings www.augustaga.gov 29.Consider proposal from WR Toole Engineers, Inc. to provide engineering services for Augusta Utilities on Fort Gordon. Attachments 30.Discuss garbage collection. (Requested by Commissioner Marion Williams) Attachments APPOINTMENT(S) 31.Motion to approve the appointment of Commissioner Dennis Williams, District 2, to the South Augusta Development Authority Study Committee. (Requested by Commissioner Sammie Sias) Attachments LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 32.Motion to approve execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Commission Meeting Agenda 10/18/2016 2:00 PM Invocation Department: Department: Caption:Pastor Paul Coppett, Senior Pastor of Cathedral of Praise Church of God in Christ. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 10/18/2016 2:00 PM 2016 City Art Grants Department: Department: Caption:Ms. Brenda Durant, Greater Augusta Arts Council regarding presentation of the 2016 City Arts Grants. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 10/18/2016 2:00 PM Z-16-32-SP Department:Planning Commission Department:Planning Commission Caption:Z-16-32 – A petition for concurrence with the Augusta Planning Commission to approve, with the conditions stated below, a Southern Meadows Development LLC, on behalf of Randy Watkins, requesting a Special Exception to establish an attached townhome development not to exceed a density of seven (7) units per acre per Section 11-2 (a) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing approximately 9.59 acres and known as 3632, 3628-B and 3628-C Belair Road. Tax Map 053-0-044-01-0, 053-0-172- 00-0 and 053-0-0174-00-0 CONTINUED from September 7, 2016. DISTRICT 3 1. The final development plan must meet the following conditions: · The proposed density of the development must not exceed 60 units, or 6.26 units per gross acre; · Those lots shall be developed within a period not to exceed 2 years. Note that the concept plan, submitted September 7, 2016, is for illustrative purposes only and the lot layout may differ slightly from the concept plan presented with this application due to phasing of the lots. 2. As offered by the developer, exterior materials shall consist of cement-board siding with stone or brick accents. The use of vinyl is not allowed. 3. Guest parking shall be provided and installed in all areas of the development. The 9 guest parking spaces as shown on the 8/3/2016 Concept Plan must be installed east of lot 27. Additional guest parking must be provided west of lot 18 (6 spaces adjacent to the mail kiosk area), east of lot 19 (4 spaces) and west of lot 1 (5 spaces) for a total of 25 guest parking spaces. 4. A minimum 10-foot wide buffer yard on all side and rear boundaries of the development, which meets the requirements of the Augusta Tree Ordinance must be provided. 5. Open space must meet or exceed the acreage for open space provided on the Concept Plan dated 8/3/2016 and provided with the rezoning application. 6. Sidewalks shall be constructed on at least one side of each new street to promote walkability and to keep pedestrians out of the roadway. 7. Lighting shall be installed at all intersections to facilitate pedestrian movement crossing the street from sidewalk Cover Memo to sidewalk. 8. Streets shall be private and must be built to standards of the Augusta Engineering Department for subgrade, base and paving, riding surface width, and use of curb and gutter. 9. Water and sewer must be extended from their present locations to the site at the expense of the developer. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 10/18/2016 2:00 PM Z-16-35 Department:Planning Commission Department:Planning Commission Caption: Z-16-35 – A petition for concurrence with the Augusta Planning Commission to approve, with the conditions stated below, a by Glenn Brown requesting a change of zoning from Zone A (Agriculture) to Zone LI (Light Industry) affecting property containing 1.11 acres and is known as 840 Scott Nixon Memorial Drive. Tax Map 022-0-012-00-0 DISTRICT 3 1. A site plan will be required for the parking area to be constructed on the subject property. The proposed Site Plan must meet the following conditions: a. A driveway large enough to accommodate truck traffic; b. Parking shall be limited to only the two vehicles described in the application and on the concept plan; c. No parking of commercial vehicles is permitted within 50 feet of the eastern property line pursuant to requirements in Section 23-6 of the Comprehensive Zoning Ordinance; d. Gravel, or other material required by the Augusta Engineering Department, shall be used in the parking area, in no case shall the surface of the parking area be dirt; and e. Dusk to dawn security lighting must be provided in the parking area. 2. A street yard, and a minimum 10-foot wide buffer yard, must be installed along the eastern property line. Materials for the required 6-ft. fence will be determined by the Planning and Development staff after consulting with the adjoining neighbors. 3. Future development of the property to include buildings would require that the property owner extend water and sewer to the subject property at his own expense.Cover Memo Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 10/18/2016 2:00 PM Z-16-36 Department:Planning Commission Department:Planning Commission Caption:Z-16-36 – A petition for concurrence with the Augusta Planning Commission to approve with the conditions stated below, a by Herman and Kittle Properties Inc., on behalf of Margaret Mayo Cordle Caughman Living Trust, requesting a change of zoning from Zone A (Agriculture) and Zone R-1 (One-family Residential) to Zone R-3B (Multiple-family Residential) affecting property containing approximately 31.34 acres and is part of 2590 Tobacco Road. part of Tax Map 141-0-004-04-0 DISTRICT 4 1. The final concept plan must meet the following conditions: a. As offered by the developer, exterior materials shall consist of 50 % cement-board siding and 50% brick. The use of vinyl is not allowed. b. The proposed density of the overall development (senior and family apartments) must not exceed 6.91 units per acre for the senior section and 11.62 units per acre for the family section. c. The overall development shall contain a minimum of 526 total parking spaces and must provide the following visitor parking spaces – 33 visitor parking spaces for the senior section and 38 visitor parking spaces for the family section. d. Additional guest parking may be utilized by placing required parking lot trees behind the sidewalk in various locations, at the discretion of the Augusta Planning & Development Executive Director. e. The 50-foot undisturbed buffer and the 100-foot undisturbed buffer must be maintained and may not have any additional encroachments other than those delineated on the concept plan submitted with the rezoning application. Both buffers need to be labeled as “undisturbed”. f. Sidewalks must be maintained on both sides of the driveways in each section (senior and family sections) of the development. g. All amenities as shown on the concept plan submitted with the rezoning application must be maintained. h. All amenities as shown on the final concept plan must be constructed at the time the applicable section (senior and family apartments) is constructed. 2. A traffic signal must be constructed at the entrance to this development, if required by the Traffic Engineer. 3. Maxx Road, or a suitable second entrance Cover Memo approved by the Augusta Engineering Department and Planning & Development Department Executive Director, must be constructed at the time the family section of the development is constructed. 4. Any upgrades to existing utilities to provide water and sewer to the site will be at the expense of the developer. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 10/18/2016 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Location: A.N. 16-33: request by Kathenia Mantey for an on premise consumption Beer License to be used in connection with K's Buffalo Wings located at 828 Broad Street. District 1. Super District 9. (Approved by Public Services Committee October 11, 2016) Background:This is a New Location. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a pro-rated fee of $332.50. 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 10/18/2016 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Ownership: A.N. 16-34: A request by Ravi P. Vuppula for a retail package Beer & Wine License to be used in connection with Polaris Food & Gas 2016, Inc. located at 4002 Deans Bridge Rd. District 8. Super District 10.(Approved by Public Services Committee October 11, 2016) Background:This is a New Ownership application formerly in the name of Marty Koger. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a pro-rated fee of $665.00. Alternatives: Recommendation:The Planning & Development 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 10/18/2016 2:00 PM Construction Project Manager Department:Augusta Public Transit Department:Augusta Public Transit Caption:Motion to authorize a contract with SKANSKA USA Building Inc., to perform Construction Project Management Services for Augusta’s Transit Operation and Maintenance Facility Project. (Approved by Public Services Committee October 11, 2016) Background:Through a competitive search process, Augusta published a Request for Qualifications (RFQ) seeking a qualified firm to provide Project Management Services for the construction of the Transit Operation and Maintenance Facility. The Project Manager will be responsible for the overall direction, coordination, implementation, execution, control and completion of the project within budget and specified timeframes. Augusta received 5 proposals. The proposals were reviewed by an evaluation committee. SKANSKA USA Building Inc., was determined to be the most qualified firm to provide project management services among the proposals submitted. SKANSKA has proposed a fee of $250,000.00 (3% of the projected construction cost with the additional services if provided) to perform the services pursuant to the provisions contained within the RFQ and associated Scope of Services. Skanska Additional Services outlined in Fee Proposal if requested by the City of Augusta and APT. Independent Cost Estimating $ 10,000 Basic Commissioning Services $ 50,000 Construction Materials Testing $ 75,000 Facility Maintenance Plan $ 10,000 Total including proposed fee $395,000 Services from SKANSKA are expected to commence in October 2016 and continue through Final Project completion, which currently is anticipated for March 2018. Analysis:Acquiring the services of a qualified firm to serve as Project Manager for the construction of the Bus Operations and Maintenance facility will provide Augusta with the necessary resources to ensure that the facility is constructed according to design, budget, timeline, and quality control standards. SKANSKA’s qualifications meet federal Transit Administration Cover Memo requirements and the associated fee is within construction project estimates. Financial Impact:The total cost of this contract with SKANSKA USA Building Inc.is: $395,000.00 This contract will be funded with local and federal grant funds from the Transit Department’s 2016 Capital Budget. The allocated funding breakdown is: Funding Source: FTA Grant GA-90-X320. Federal 80% - $316,000.00 Local 20% - $ 79,000.00 Total Expenditure $395,000.00 Alternatives:If not approved, it will delay the progress of the project. Recommendation:Authorize contract with SKANSKA USA Building Inc. Funds are Available in the Following Accounts: Funds are available in the following account: 54609-1214- 5413130 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Evaluation Criteria Pts. EMC Engineering Services 4210 Columbia Rd., Ste 16A Martinez, GA 30907 McKnight Construction 635 Frontage Rd NW Augusta, GA 30907 Skanska USA 55 Ivan Allen Jr. Blvd., Suite 600 Atlanta, GA 30308 ZEL Engineering 435 Telfair Street Augusta, GA 30901 A. Vendor Qualifications and Experience: (45%) The qualifications of the Vendor with appropriate license(s) will be evaluated in terms of relevant experience in performing work of a similar nature, experience in projects funded by the Federal Transit Administration (FTA), experience working with other municipalities, strength and stability of the firm; capacity to perform the required services, with a minimum of three (3) years as a corporation or entity, and assessment of client references included as a narrative in the proposal. The Vendor shall: 1. Describe the firm’s experience in performing work of a similar nature to that solicited in this RFQ, and highlight the participation in such work by the key personnel proposed for assignment to this project. 2. Describe specialized training, experience and professional competence in the area directly related to this RFQ. 3. Identify subcontractors by company name, address, contact person, telephone number, and project function, if applicable. The list should include a summary of the roles and responsibilities of each sub-contractor. 4. In keeping with the References found in Exhibit E, the proposal shall describe in detail the services rendered by the Vendor which would describe the level of qualifications analogous to this project. 45 23.8 31.3 43.5 22.5 B. Vendor Organization: The organizational structure of the Vendor will be evaluated in terms of its effective use of personnel, relevant experience and time commitment of key personnel, especially the designated Project Manager and subcontractors (if applicable), logic of project organization; adequacy of labor commitment and resources; capability to reallocate resources as needed to meet project schedules. Provide a brief profile of the firm, including the types of services offered; the year founded; form of the organization (corporation, partnership, or sole proprietorship); number, size and location of offices; and total number of employees. Provide a general description of the firm’s financial condition and identify any conditions (e.g. bankruptcy, pending litigation, planned office closures, impending merger, etc.) that may impede the Vendor’s ability to complete the project. Additionally, this section shall include a listing of any lawsuit or litigation and the result of that action resulting from (a) any public project undertaken by the Vendor or by its subcontractors where litigation is still pending or has occurred within the last five (5) years or (b) any type of project where claims or settlements were paid within the last five (5) years. 20 13.3 17.8 20.0 13.0 C. Project Management Experience: Proposal shall include an outline of proposed Project Management Services responsibilities and a narrative describing the experience of all project team members, including subcontractors, if any, shall be included. Proposal shall describe in detail the Project Management team for this project with their associated responsibilities and experience. The successful Vendor to this RFQ must demonstrate they are providing qualified personnel to accomplish each portion of the Scope of Services. The Project Manager (PM) and personnel shall possess all certification(s) in accordance with the laws of the State of Georgia for the work to be performed. The cost for any certification(s) shall be the responsibility of the PM. Augusta will be under no obligation for payment of pre-contractual expenses. 35 23.3 26.3 33.3 21.3 TOTAL 100 60.25 75.25 96.75 56.75 Comments: Evaluator # Cumulative Evaluation Sheet - RFQ Item #16-207 Construction Project Management Services for Augusta, Georgia - Transit Department Evaluation Meeting: Thursday, September 8, 2016 AUGUSTA PUBLIC TRANSIT PATRICKG STEPHENS Director September 16,2016 Geri Sams 535 Telfair Street Augusta, GA 30901 Dear Ms. Sams: The team assigned to evaluate responses to RFQ 16-207 for Construction Project Management Services for the Bus Operations/Jvlaintenance Facility has completed its review of all the qualified proposes that were received in accordance with the RFQ instructions. The team has recommended that SKANSKA be considered to provide these services. We are requesting that Transit be authorized to enter into final price negotiations with the firm. Upon successful negotiations with them we further recommend that they be awarded the contract pending final review by the Procurement Department. Sincerely, Patrick G Stephens Augusta Transit Director Augusta Public Transit 1535 Fenwick Street - Augusta GA 30904 (706) 823-4400 - Fax (706) 821-17s2 WWW.AUGUSTAGA.GOV OFFICIAL VENDORS Attachment "B"E-Verify #Addendum 1-2 SAVE Form Original 7 Copies Skanska USA 55 Ivan Allen Jr. Blvd., Suite 600 Atlanta, GA 30308 Yes 78959 Yes Yes Yes Yes EMC Engineering Services 4210 Columbia Rd., Ste 16A Martinez, GA 30907 Yes 324745 Yes Yes Yes Yes McKnight Construction 635 Frontage Rd NW Augusta, GA 30907 Yes 261725 Yes Yes Yes Yes ZEL Engineering 435 Telfair Street Augusta, GA 30901 Yes 257101 Yes Yes Yes Yes Williams-Russell and Johnson 44 Broad St., NW Suite 400 Atlanta, GA 30303 Qualifications Opening RFQ Item #16-207 Construction Project Management Services for Augusta, Georgia - Transit Department RFQ Due: Thursday, August 4, 2016 @ 11:00 a.m. Total Number Specifications Mailed Out: 191 Total Number Specifications Download (Demandstar): 27 Total Electronic Notifications (Demandstar): 340 Pre-Proposal/Telephone Conference Attendees: 10 Total packages submitted: 5 Total Noncompliant: 1 The following vendors did not respond: Mathias Corporation / 3150 Main Street, Suite 200 / Duluth, GA 30096 R.W. Allen, LLC / 1015 Broad Street / Augusta, GA 30901 Non-Compliant Page 1 of 1 Request for Qualifications Request for Qualifications will be received at this office until Thursday, July 28, 2016 @ 11:00 a.m. for furnishing: RFQ Item #16-207 Construction Project Management Services for Augusta Public Transit Department RFQs 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 RFQ documents may be viewed on the Augusta Georgia web site under the Procurement Department ARCbid. RFQ documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. Pre Qualifications/Telephone Conference will be held on Friday, July 15, 2016, @ 3:00 p.m. in the Procurement Department, 535 Telfair Street, Room 605. The call-in telephone number is 1-800-285-6670 (U.S. & Canada) and 713- 936-6995 (international). Call one of the dial-in numbers at least five (5) minutes prior to conference. If you choose to teleconference there is a $35.00 fee. Make the $35.00 check payable “Augusta Georgia Commission” and mail to Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 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 Tuesday, July 19, 2016, @ 5:00 P.M. No RFQ will be accepted by fax, all must be received by mail or hand delivered. No RFQ may be withdrawn for a period of ninety (90) days after bids have been opened, pending the execution of contract with the successful bidder. Request for qualifications (RFQ) and specifications. An RFQ 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 qualification including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waivable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark RFQ number on the outside of the envelope. Proponents are cautioned that acquisition of RFQ documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RFQ documents from unauthorized sources places the proponent at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov GERI A. SAMS, Procurement Director Publish: Augusta Chronicle June 14, 16, 23, 30, July 7, 14, 2016 Metro Courier June 22, 2016 Commission Meeting Agenda 10/18/2016 2:00 PM Diamond Lakes Campground Bath House Department:Recreation and Parks Department:Recreation and Parks Caption:Motion to approve an award of Bid Item 16-174 with Sommers Construction in the amount of $159,340 for the construction of a new bath house facility as part of the Diamond Lakes Campground Project. (Approved by Public Services Committee October 11, 2016) Background:The Department has completed the site-work construction of the new Diamond Lakes Regional Park Campground. The campground will have 26 full-service paved sites to accommodate recreation vehicles. In addition, there will be areas designated for primitive/tent camping as part of the campground. In order to have the amenities campers expect, the Department is now in the process of entering the building portion of the campground with a new bath house facility. Analysis:A mandatory pre bid conference was attended by seven (7) vendors. Two (2) companies responded with bid submittals with the low responsive bidder being Sommers Construction of Evans, Georgia with a low base bid of $159,340. Financial Impact:Total bid amount is $159,340. Alternatives:1. To Approve Bid Item 16-174 in the amount of $159,340 2. Move No Action thus delaying the completion of this full service campground. Recommendation:1. Move to Approve. Funds are Available in the Following Accounts: 328061110-211066401 Cover Memo REVIEWED AND APPROVED BY: Cover Memo Invitation to Bid Sealed bids will be received at this office until Thursday, May 19, 2016 @ 3:00 p.m. for furnishing: Bid Item #16-174 Diamond Lake Camping Bath House for Augusta Recreation, Parks and Facilities Department Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be examined at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. Plans and specifications for the project shall be obtained by all prime, subcontractors and suppliers exclusively from Augusta Blue Print. The fees for the plans and specifications which are non-refundable is $40.00. It is the wish of the Owner that all businesses are given the opportunity to submit on this project. To facilitate this policy the Owner is providing the opportunity to view plans online (www.augustablue.com) at no charge through Augusta Blue Print (706 722- 6488) beginning Thursday, April 7, 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 Wednesday, May 4, 2016 @ 10:00 a.m. in the Procurement Department, 535 Telfair Street, Room 605. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, May 6, 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 April 7, 14, 21, 28, 2016 Metro Courier April 13, 2016 OFFICIAL VENDORS Attachment "B" E-Verify # Addendum #1 SAVE Form Bid Bond BASE BID TOTAL Add Alternate 1 Add Alternate 2 LARRY MCCORD, MILLSTONE CONSTRUCTION and LARRY PITTMAN did not submit bids. $159,340.00 $8,500.00 $8,000.00 YES 225306 YES YES YES 218563 YES Bid Opening Bid Item #16-174 Diamond Lakes Camping Bath House for Augusta, Georgia - Recreation, Parks & Facilities Department Bid Due:Thursday, May 19, 2016 @ 3:00 p.m. Total Number Specifications Mailed Out: 24 Total Number Specifications Download (Demandstar): Total Electronic Notifications (Demandstar): Mandatory Pre-Bid/Telephone Conference: 7 Total packages submitted: 2 Total Noncompliant: 0 YES $167,940.00 $4,730.00 $5,390.00 SOMMERS CONSTRUCTION P. O. BOX 950 EVANS, GA 30809 YES YES CONTRACT MANAGEMENT 1827 KILLINGSWORTH ROAD AUGUSTA, GA 30904 Page 1 of 1 Commission Meeting Agenda 10/18/2016 2:00 PM Federal Aviation Administration Grant - Taxiway A Reconstruct Department:Augusta Regional Airport Department:Augusta Regional Airport Caption:Motion to approve accepting grant award from the Federal Aviation Administration (FAA) in the amount of $14,782,155.00 for the Reconstruction and Extension of Taxiway A. as approved by the Augusta Aviation Commission September 29, 2016 meeting. (Approved by Public Services Committee October 11, 2016) Background:The Augusta Regional Airport applied for a grant from the Federal Aviation Administration to assist with the cost of the Reconstruction and Extension of Taxiway A. Analysis:The FAA has agreed to fund 90% of the project with a grant of $14,782,155. The remaining portion will be funded through a Georgia Department of Transportation (GDOT) grant (5%) and with Airport operating funds (5%). Per the resolution approved on June 21, 2016, Mayor Davis has executed the grant and it has been returned to the FAA. Financial Impact:$14,782,155.00 Alternatives:Deny request. Recommendation:Approve request. Funds are Available in the Following Accounts: 551081301-3313111 REVIEWED AND APPROVED BY:Cover Memo Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 10/18/2016 2:00 PM Georgia Department of Transportation Grant - Taxiway A Reconstruct Department:Augusta Regional Airport Department:Augusta Regional Airport Caption:Motion to approve accept grant award from the Georgia Department of Transportation (GDOT) in the amount of $896,042.40 for the Reconstruction and Extension of Taxiway A as approved by the Augusta Aviation Commission at their September 29, 2016 meeting. (Approved by Public Services Committee October 11, 2016) Background:The Augusta Regional Airport applied for a grant from the Federal Aviation Administration to assist with the cost of the Reconstruction and Extension of Taxiway A. The Georgia Department of Transportation agreed to a 5% grant match. Analysis:The FAA has agreed to fund 90% of the project with a grant of $14,782,155. The Georgia Department of Transportation (GDOT) grant of $896,042.40 is for 5%, and with Airport operating funds at 5% will complete the cost of the project. Per the resolution approved on June 21, 2016, Mayor Davis has the authority to proceed with processing the grant prior to Augusta Aviation and Augusta Commission’s approval. The Mayor has been sent the grant electronically for processing. Financial Impact:$896,042.40 Alternatives:Deny request. Recommendation:Approve request. Funds are Available in the Following Accounts: 551081301-3343112 Cover Memo REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 10/18/2016 2:00 PM Jackson Brown Department:Clerk of Commission Department:Clerk of Commission Caption:Motion to approve/accept the recommendation of the Planning Director to work with Mr. Jackson Brown and the Law Department to modify the ordinance to accommodate his operation relative to his request for a variance to allow him to perform comedy four days a week. (Approved by Public Services Committee October 11, 2016) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 10/18/2016 2:00 PM Updates and Improvements to the Augusta Riverwalk Department:Recreation and Parks Department:Recreation and Parks Caption:Motion to approve focusing/working on the list developed in June 2016 that are located between 8th and 10th Streets that can be done within the current budget regarding improvements to the River Walk. (Approved by Public Services Committee October 11, 2016) . Background:Members of the Augusta Commission and City staff toured the Riverwalk on June 10, 2016 to review and discuss improvements needed along the Riverwalk. Analysis:Staff from Recreation and Parks, Central Services and Engineering have worked together to develop cost estimates on making improvements to the Riverwalk. The Recreation and Parks Masterplan does recommend a site specific Masterplan for the Augusta Riverwalk. This would encompass updates landscaping design, irrigation, programming and safety issues as a priority. Financial Impact:The financial impact will be based on the level of improvements made and reoccurring. The initial cost could be $200,000, not including a site specific Masterplan. Alternatives:Receive this report as information. Recommendation:Include funding for improvements in the 2017 budget. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY:Cover Memo Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 10/18/2016 2:00 PM Emergency Generator Connections Department:Central Services - Facilities Department:Central Services - Facilities Caption:Motion to approve award of the contract to install emergency generator connectors at Warren Road Community Center and Henry Brigham Community Center to Data Power Source (DPS) of Covington, GA in the amount of $119,650. (Bid Item 16-187) (Approved by Administrative Services Committee October 11, 2016) Background:The Augusta Commission has expressed interest in preparing Augusta locations, designated by the Red Cross as emergency shelters, to be ready for connection of emergency generators in the event of widespread power outages. Invitation to Bid (ITB) 16- 187 was issued to obtain pricing for installing connections at all designated shelters. One responsive bid was received from DPS. Analysis:There are ten Augusta buildings designated by the Red Cross for use as emergency shelters. Two, May Park Community Center and Blythe Community Center have already been prepared for generator connections. In addition to the designated emergency shelters, staff was requested to obtain pricing for providing connections to the Henry Brigham Senior Center. The ITB was issued with each location to be bid as a standalone project allowing the Commission to select a combination of locations of their choosing. The bid prices for the various locations are as follows: •Henry Brigham Community Center $ 74,650 •Warren Road Community Center $ 44,700 •Diamond Lakes Community Center $ 69,475 •Carrie J Mays Community Center $ 53,200 •Bernie Ward Community Center $ 79,230 •McBean Community Center $ 47,400 •W.T. Johnson Community Center $ 43,400 •Sand Hills Community Center $ 31,350 •Henry Brigham Senior Center $ 28,550 TOTAL FOR ALL LOCATIONS $ 471,955 The Commission set aside $200,000 in current year capital for this project. The Fire Department issued an ITB to purchase a small trailer mounted generator that would supply a portion of the demand for one of these shelters should the need Cover Memo arise. The low bid was in the amount of $85,346.17 with the intent to purchase the generator using this same funding source. The Fire Department has submitted a companion agenda item for that purchase, which is on this Commission Committee cycle. Purchase of the generator reduces the amount available for installation of the connections to $114,653.83. This would allow for installations at just a couple centers. We recommend installing emergency generator switchgear at Henry Brigham and Warren Road Community Centers. These two locations, when added to installations already in place at May Park and Blythe, provide at least one Designated Emergency Shelter with generator connections accessible to most parts of Augusta. The combined price for installation at Warren Road and Henry Brigham is $119,650. Recreation and Parks has identified funding in the amount of $4,996.17 in their allocation from SPLOST VI to cover the additional necessary to complete this project. Financial Impact:The financial impact for the recommended installations at Warren Road and Henry Brigham Community Centers is $119,650. Alternatives:1.Approve award of contract to install emergency generator connectors at Warren Road Community Center and Henry Brigham Community Center to Data Power Source (DPS of Covington, GA in the amount of $119,650. 2.Award a different combination of centers. 3.Reject the bids. Recommendation:Approve award of contract to install emergency generator connectors at Warren Road Community Center and Henry Brigham Community Center to Data Power Source (DPS of Covington, GA in the amount of $119,650. Funds are Available in the Following Accounts: Current Year Capital and SPLOST VI REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Invitation to Bid Sealed bids will be received at this office until Tuesday, June 21, 2016 @ 11:00 a.m. for furnishing: Bid Item #16-187 Install Emergency Generator Connectors for Recreation, Parks and Facilities Department Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. A Mandatory Pre Bid Conference will be held on Friday, June 3, 2016 @ 10:00 a.m. in the Procurement Department, 535 Telfair Street, Room 605. A Mandatory Site Visit will follow. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Tuesday, June 7, 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 May 12, 19, 26, June 2, 2016 Metro Courier May 18, 2016 OFFICIAL DPS-Infrastructure Monitoring Systems, Inc. DBA: DATA POWER SOURCE 11187 Bob Williams Pkwy Covington, GA 30014 Yes 52771 Yes Yes Yes Yes Yes Bid Amount 74,650.00 44,700.00 69,475.00 53,200.00 79,230.00 47,400.00 43,400.00 31,350.00 28,550.00Henry Brigham Senior Center Diamond Lakes Community Center W.T. Johnson Community Center Sandhills Community Center McBean Community Center Bernie Ward Community Center Carrie J. Mays Community Center VENDORS Attachment B E-Verify Number Addendum 1-2 SAVE Form Henry Brigham Community Center Bid Bond Pricing 1-Original 4-Copies Warren Road Community Center Bid Opening Bid Item #16-187 Install Emergency Generator Connectors for Augusta, Georgia - Recreation, Parks & Facilities Department Bid Due: Tuesday, June 28, 2016 at 11:00 a.m. Total Number Specifications Mailed Out: Total Number Specifications Download (Demandstar): Total Electronic Notifications (Demandstar): Mandatory Pre-Bid/Telephone Conference: 1 Total packages submitted: 1 Total Noncompliant: 0 Page 1 of 1 /- Central Senrices Department -''/L--4.- Takiyah A. Douse, Direcror Facilities Division THROUGH, ;2 Mr. Lonnie Wimberly, Deputy Director, Facilities f*rr. Takiyah Douse, Director, Gentral Services MEMORANDUM Mrs. Geri Sams, Director - Procurement Department July 7,2016 Bid ltem #16-187lnstall Emergency Generator Connections Lonnie Wimbedy, Deputy Director Rick Acree, Facilities Manager 2760Peach Orchard Road, Augusta GA 30906 Q 06) 821-2426 Phone (706)799 -5077 Fax TO: DATE: SUBJECT: Ms. Sams: The proposals for the referenced RFP were received on 0612812016. We received one responsive bid. The total bid for all nine items exceeded the stated budget for the project. However, the intent of the project was to provide connections for as many locations as the allocated finds would permit. The projects were listed on the bid form in the order of priority for completion. The total for installing connections for the top three projects comes to $188,825 which is within the budget limit. Should the Commission elect to increase the funding, we can use the bid numbers to adjust the scope of the project accordingly. We respectfully request approval to negotiate a contract with DPS to install connections at Henry Brigham Community Center, Warren Road Community Center, and Diamond Lakes Community Center. Thank you for your assistance in securing this pricing. PIease do not hesitate to call if you have any questions or need additional clarification. Cc:Lonnie Wimberly Takiyah Douse Glenn Parker r.:i ii t i_. ril.- i- '- :i. t:l ;, '. I Commission Meeting Agenda 10/18/2016 2:00 PM Allocate funding ($56,974.00) for RCSO to implement Justice Assistance Grant Department:Richmond County Sheriff's Office (RCSO) Department:Richmond County Sheriff's Office (RCSO) Caption:Motion to approve the allocation of funding for the Richmond County Sheriff's Office (RCSO) in the amount of $56,947.00 for the Justice Assistance Grant (JAG) Program.(Approved by Public Safety Committee October 11, 2016) Background:On September 7, 2016 the RCSO was awarded a grant through Department of Justice in the amount of $56,947.00 for the implementation of archive storage device for Officer Worn Video Footage. Analysis:RCSO will use funding for the implementation of archive storage device for Officer Worn Video Footage. Financial Impact:This is a 100% reimbursable grant. When expenditures are made RCSO will submit request for reimbursements to Department of Justice. Alternatives:None Recommendation:Allocate funding in the amount of $56,947.00. Funds are Available in the Following Accounts: NA-100% Reimbursable from grant in Fund 220 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Cover Memo Clerk of Commission Cover Memo U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance Washington, D.C. 20531Office of Justice Programs September 7, 2016 The Honorable Hardie Davis Jr. Augusta City / Richmond County 530 Greene Street, Room 207 Finance Department Augusta, GA 30901-4441 Dear Mayor Davis: On behalf of Attorney General Loretta Lynch, it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the FY 16 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation in the amount of $56,974 for Augusta City / Richmond County. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award, please contact: - Program Questions, Flora D. Lawson, Program Manager at (202) 305-9216; and - Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at (800) 458-0786, or you may contact the CSC at ask.ocfo@usdoj.gov. Congratulations, and we look forward to working with you. Sincerely, Enclosures Denise O'Donnell Director U.S. Department of Justice Office of Justice Programs OFFICE FOR CIVIL RIGHTS 810 7th Street, NW Washington, DC 20531 Tel: (202) 307-0690 TTY: (202) 307-2027 E-mail: askOCR@usdoj.gov Website: www.ojp.usdoj.gov/ocr September 7, 2016 The Honorable Hardie Davis Jr. Augusta City / Richmond County 530 Greene Street, Room 207 Finance Department Augusta, GA 30901-4441 Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt of federal funding to compliance with federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) is responsible for ensuring that recipients of financial assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) comply with the applicable federal civil rights laws. We at the OCR are available to help you and your organization meet the civil rights requirements that come with DOJ funding. Ensuring Access to Federally Assisted Programs Federal laws that apply to recipients of financial assistance from the DOJ prohibit discrimination on the basis of race, color, national origin, religion, sex, or disability in funded programs or activities, not only in employment but also in the delivery of services or benefits. A federal law also prohibits recipients from discriminating on the basis of age in the delivery of services or benefits. In March of 2013, President Obama signed the Violence Against Women Reauthorization Act of 2013. The statute amends the Violence Against Women Act of 1994 (VAWA) by including a nondiscrimination grant condition that prohibits discrimination based on actual or perceived race, color, national origin, religion, sex, disability, sexual orientation, or gender identity. The new nondiscrimination grant condition applies to certain programs funded after October 1, 2013. The OCR and the OVW have developed answers to some frequently asked questions about this provision to assist recipients of VAWA funds to understand their obligations. The Frequently Asked Questions are available at http://ojp.gov/about/ocr/vawafaqs.htm. Enforcing Civil Rights Laws All recipients of federal financial assistance, regardless of the particular funding source, the amount of the grant award, or the number of employees in the workforce, are subject to prohibitions against unlawful discrimination. Accordingly, the OCR investigates recipients that are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, the OCR selects a number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services equitably to all segments of their service population and that their employment practices meet equal opportunity standards. Dear Mayor Davis: Providing Services to Limited English Proficiency (LEP) Individuals In accordance with DOJ guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency (LEP). See U.S. Department of Justice, Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 67 Fed. Reg. 41,455 (2002). For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website http://www.lep.gov. Ensuring Equal Treatment for Faith-Based Organizations The DOJ regulation, Equal Treatment for Faith-Based Organizations, 28 C.F.R. pt. 38, requires State Administering Agencies (SAAs) to treat faith-based organizations the same as any other applicant or recipient. The regulation prohibits SAAs from making awards or grant administration decisions on the basis of an organization's religious character or affiliation, religious name, or the religious composition of its board of directors. The regulation also prohibits faith-based organizations from using financial assistance from the DOJ to fund inherently (or explicitly) religious activities. While faith-based organizations can engage in non-funded inherently religious activities, they must hold them separately from the program funded by the DOJ, and recipients cannot compel beneficiaries to participate in them. The Equal Treatment Regulation also makes clear that organizations participating in programs funded by the DOJ are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. For more information on the regulation, please see the OCR's website at http://www.ojp.usdoj.gov/about/ocr/equal_fbo.htm. SAAs and faith-based organizations should also note that the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, as amended, 42 U.S.C. § 3789d(c); the Victims of Crime Act of 1984, as amended, 42 U.S.C. § 10604(e); the Juvenile Justice and Delinquency Prevention Act of 1974, as amended, 42 U.S.C. § 5672(b); and VAWA, Pub. L. No. 113-4, sec. 3(b)(4), 127 Stat. 54, 61-62 (to be codified at 42 U.S.C. § 13925(b)(13)) contain prohibitions against discrimination on the basis of religion in employment. Despite these nondiscrimination provisions, the DOJ has concluded that it may construe the Religious Freedom Restoration Act (RFRA) on a case-by- case basis to permit some faith-based organizations to receive DOJ funds while taking into account religion when hiring staff, even if the statute that authorizes the funding program generally forbids recipients from considering religion in employment decisions. Please consult with the OCR if you have any questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment. Using Arrest and Conviction Records in Making Employment Decisions The OCR issued an advisory document for recipients on the proper use of arrest and conviction records in making hiring decisions. See Advisory for Recipients of Financial Assistance from the U.S. Department of Justice on the U.S. Equal Employment Opportunity Commission's Enforcement Guidance: Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964 (June 2013), available at http://www.ojp.usdoj.gov//about/ocr/pdfs/UseofConviction_Advisory.pdf. Recipients should be mindful that the misuse of arrest or conviction records to screen either applicants for employment or employees for retention or promotion may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination. In light of the Advisory, recipients should consult local counsel in reviewing their employment practices. If warranted, recipients should also incorporate an analysis of the use of arrest and conviction records in their Equal Employment Opportunity Plans (EEOPs) (see below). Complying with the Safe Streets Act An organization that is a recipient of financial assistance subject to the nondiscrimination provisions of the Safe Streets Act, must meet two obligations: (1) complying with the federal regulation pertaining to the development of an EEOP (see 28 C.F.R. pt. 42, subpt. E) and (2) submitting to the OCR findings of discrimination (see 28 C.F.R. §§ 42.204(c), .205(c)(5)). Sincerely, Meeting the EEOP Requirement If your organization has less than fifty employees or receives an award of less than $25,000 or is a nonprofit organization, a medical institution, an educational institution, or an Indian tribe, then it is exempt from the EEOP requirement. To claim the exemption, your organization must complete and submit Section A of the Certification Form, which is available online at http://www.ojp.usdoj.gov/about/ocr/pdfs/cert.pdf. If your organization is a government agency or private business and receives an award of $25,000 or more, but less than $500,000, and has fifty or more employees (counting both full- and part-time employees but excluding political appointees), then it has to prepare a Utilization Report (formerly called an EEOP Short Form), but it does not have to submit the report to the OCR for review. Instead, your organization has to maintain the Utilization Report on file and make it available for review on request. In addition, your organization has to complete Section B of the Certification Form and return it to the OCR. The Certification Form is available at http://www.ojp.usdoj.gov/about/ocr/pdfs/cert.pdf. If your organization is a government agency or private business and has received an award for $500,000 or more and has fifty or more employees (counting both full- and part-time employees but excluding political appointees), then it has to prepare a Utilization Report (formerly called an EEOP Short Form) and submit it to the OCR for review within sixty days from the date of this letter. For assistance in developing a Utilization Report, please consult the OCR's website at http://www.ojp.usdoj.gov/about/ocr/eeop.htm. In addition, your organization has to complete Section C of the Certification Form and return it to the OCR. The Certification Form is available at http://www.ojp.usdoj.gov/about/ocr/pdfs/cert.pdf. To comply with the EEOP requirements, you may request technical assistance from an EEOP specialist at the OCR by telephone at (202) 307-0690, by TTY at (202) 307-2027, or by e-mail at EEOsubmisson@usdoj.gov. Meeting the Requirement to Submit Findings of Discrimination If in the three years prior to the date of the grant award, your organization has received an adverse finding of discrimination based on race, color, national origin, religion, or sex, after a due-process hearing, from a state or federal court or from a state or federal administrative agency, your organization must send a copy of the finding to the OCR. Ensuring the Compliance of Subrecipients SAAs must have standard assurances to notify subrecipients of their civil rights obligations, written procedures to address discrimination complaints filed against subrecipients, methods to monitor subrecipients' compliance with civil rights requirements, and a program to train subrecipients on applicable civil rights laws. In addition, SAAs must submit to the OCR every three years written Methods of Administration (MOA) that summarize the policies and procedures that they have implemented to ensure the civil rights compliance of subrecipients. For more information on the MOA requirement, see http://www.ojp.usdoj.gov/funding/other_requirements.htm. If the OCR can assist you in any way in fulfilling your organization's civil rights responsibilities as a recipient of federal financial assistance, please contact us. Michael L. Alston Director cc:Grant Manager Financial Analyst Grant PAGE 1 OF U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance 1. RECIPIENT NAME AND ADDRESS (Including Zip Code) Augusta City / Richmond County 530 Greene Street, Room 207 Finance Department Augusta, GA 30901-4441 8. SUPPLEMENT NUMBER 00 9. PREVIOUS AWARD AMOUNT 10. AMOUNT OF THIS AWARD $ 0 $ 56,974 11. TOTAL AWARD $ 56,974 2a. GRANTEE IRS/VENDOR NO. 586000882 2b. GRANTEE DUNS NO. 073438418 3. PROJECT TITLE Implementation of Archive Storage Device for Officer Worn Video Footage 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13. STATUTORY AUTHORITY FOR GRANT This project is supported under FY16(BJA - JAG) 42 USC 3750, et seq. 14 . CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Number) 16.738 - Edward Byrne Memorial Justice Assistance Grant Program 15. METHOD OF PAYMENT GPRS AGENCY APPROVAL 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL GRANTEE ACCEPTANCE Denise O'Donnell Director AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES 21. FISCAL YEAR FUND CODE BUD. ACT.OFC. DIV. REG.SUB.POMS AMOUNT DJBX 80 00 00 56974 RDJUGT1188 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Hardie Davis Mayor 4. AWARD NUMBER:2016-DJ-BX-1046 5. PROJECT PERIOD: FROM BUDGET PERIOD: FROM 6. AWARD DATE 7. ACTION Initial 09/07/2016 TO TO 10/01/2015 10/01/2015 09/30/2019 09/30/2019 OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2 (REV. 4-88) 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE17. SIGNATURE OF APPROVING OFFICIAL 13 AWARD CONTINUATION SHEET Grant PAGE 2 OF U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/07/2016PROJECT NUMBER 2016-DJ-BX-1046 SPECIAL CONDITIONS Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by the Department of Justice (DOJ) in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this 2016 award from the Office of Justice Programs (OJP). The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this 2016 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded in 2014 or earlier years), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this 2016 award. For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the Office of Justice Programs (OJP) website at http://ojp.gov/funding/Part200UniformRequirements.htm. In the event that an award-related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification. Compliance with DOJ Grants Financial Guide The recipient agrees to comply with the Department of Justice Grants Financial Guide as posted on the OJP website (currently, the "2015 DOJ Grants Financial Guide"), including any updated version that may be posted during the period of performance. Required training for Point of Contact and all Financial Points of Contact Both the Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1, 2015, will satisfy this condition. In the event that either the POC or an FPOC for this award changes during the period of performance, the new POC or FPOC must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after -- (1) the date of OJP's approval of the "Change Grantee Contact" GAN (in the case of a new POC), or (2) the date the POC enters information on the new FPOC in GMS (in the case of a new FPOC). Successful completion of such a training on or after January 1, 2015, will satisfy this condition. A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at http://www.ojp.gov/training/fmts.htm. All trainings that satisfy this condition include a session on grant fraud prevention and detection The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award. 1. 2. 3. OJP FORM 4000/2 (REV. 4-88) 13 AWARD CONTINUATION SHEET Grant PAGE 3 OF U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/07/2016PROJECT NUMBER 2016-DJ-BX-1046 SPECIAL CONDITIONS Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements. Requirement to report potentially duplicative funding If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by DOJ awarding agency, must seek a budget-modification or change-of-project-scope grant adjustment notice (GAN) to eliminate any inappropriate duplication of funding. Requirements related to System for Award Management and Unique Entity Identifiers The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at http://www.sam.gov. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM. The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients (first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration. The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at http://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here. This special condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract"). The details of the requirement for authorization of any subaward are posted on the OJP web site at http://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: Award Condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here. 4. 5. 6. 7. OJP FORM 4000/2 (REV. 4-88) 13 AWARD CONTINUATION SHEET Grant PAGE 4 OF U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/07/2016PROJECT NUMBER 2016-DJ-BX-1046 SPECIAL CONDITIONS Specific post-award approval required to use a noncompetitive approach in any procurement contract that would exceed $150,000 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $150,000). This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward). The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at http://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $150,000)), and are incorporated by reference here. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient. The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at http://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here. Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "2015 DOJ Grants Financial Guide"). Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of activities under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act, and other applicable laws. OJP Training Guiding Principles Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at http://ojp.gov/funding/ojptrainingguidingprinciples.htm. 8. 9. 10. 11. 12. OJP FORM 4000/2 (REV. 4-88) 13 AWARD CONTINUATION SHEET Grant PAGE 5 OF U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/07/2016PROJECT NUMBER 2016-DJ-BX-1046 SPECIAL CONDITIONS Effect of failure to address audit issues The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high- risk" for purposes of the DOJ high-risk grantee list. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38, specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Part 38 of 28 C.F.R., a DOJ regulation, was amended effective May 4, 2016. Among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38 also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith-based or religious organizations. The text of the regulation, now entitled "Partnerships with Faith-Based and Other Neighborhood Organizations," is available via the Electronic Code of Federal Regulations (currently accessible at http://www.ecfr.gov/cgi- bin/ECFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data. Restrictions on "lobbying" Federal funds may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification or adoption of any law, regulation, or policy, at any level of government. Should any question arise as to whether a particular use of Federal funds by a recipient (or subrecipient) would or might fall within the scope of this prohibition, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. 13. 14. 15. 16. 17. OJP FORM 4000/2 (REV. 4-88) 13 AWARD CONTINUATION SHEET Grant PAGE 6 OF U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/07/2016PROJECT NUMBER 2016-DJ-BX-1046 SPECIAL CONDITIONS Compliance with general appropriations-law restrictions on the use of federal funds (FY 2016) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2016, are set out at http://ojp.gov/funding/Explore/FY2016- AppropriationsLawRestrictions.htm, and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations-law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. Reporting Potential Fraud, Waste, and Abuse, and Similar Misconduct The recipient and any subrecipients ("subgrantees") must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award -- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct. Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by-- (1) mail directed to: Office of the Inspector General, U.S. Department of Justice, Investigations Division, 950 Pennsylvania Avenue, N.W. Room 4706, Washington, DC 20530; (2) e-mail to: oig.hotline@usdoj.gov; and/or (3) the DOJ OIG hotline: (contact information in English and Spanish) at (800) 869-4499 (phone) or (202) 616-9881 (fax). Additional information is available from the DOJ OIG website at http://www.usdoj.gov/oig. 18. 19. OJP FORM 4000/2 (REV. 4-88) 13 AWARD CONTINUATION SHEET Grant PAGE 7 OF U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/07/2016PROJECT NUMBER 2016-DJ-BX-1046 SPECIAL CONDITIONS Restrictions and certifications regarding non-disclosure agreements and related matters No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. 1. In accepting this award, the recipient-- a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both-- a. it represents that-- (1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and (2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 20. OJP FORM 4000/2 (REV. 4-88) 13 AWARD CONTINUATION SHEET Grant PAGE 8 OF U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/07/2016PROJECT NUMBER 2016-DJ-BX-1046 SPECIAL CONDITIONS Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The recipient must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712. Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance. Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. The recipient agrees to comply with OJP grant monitoring guidelines, protocols, and procedures, and to cooperate with BJA and OCFO on all grant monitoring requests, including requests related to desk reviews, enhanced programmatic desk reviews, and/or site visits. The recipient agrees to provide to BJA and OCFO all documentation necessary to complete monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by BJA and OCFO for providing the requested documents. Failure to cooperate with BJA's/OCFO's grant monitoring activities may result in sanctions affecting the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to grant funds; referral to the Office of the Inspector General for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s). The recipient agrees to comply with applicable requirements to report first-tier subawards of $25,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients of award funds. Such data will be submitted to the FFATA Subaward Reporting System (FSRS). The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the Office of Justice Programs web site at http://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, and its reporting requirement, does not apply to grant awards made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report, SF 425. 21. 22. 23. 24. 25. OJP FORM 4000/2 (REV. 4-88) 13 AWARD CONTINUATION SHEET Grant PAGE 9 OF U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/07/2016PROJECT NUMBER 2016-DJ-BX-1046 SPECIAL CONDITIONS In order to promote information sharing and enable interoperability among disparate systems across the justice and public safety community, OJP requires the grantee to comply with DOJ's Global Justice Information Sharing Initiative (DOJ's Global) guidelines and recommendations for this particular grant. Grantee shall conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: http://www.it.ojp.gov/gsp_grantcondition. Grantee shall document planned approaches to information sharing and describe compliance to the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the grantee can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. The recipient agrees that any information technology system funded or supported by OJP funds will comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 42 U.S.C. 3789g(c)-(d). Recipient may not satisfy such a fine with federal funds. Grantee agrees to comply with the requirements of 28 C.F.R. Part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. Grantee agrees to comply with all confidentiality requirements of 42 U.S.C. section 3789g and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. Grantee further agrees, as a condition of grant approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, section 22.23. Award recipients must verify Point of Contact(POC), Financial Point of Contact (FPOC), and Authorized Representative contact information in GMS, including telephone number and e-mail address. If any information is incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System (GMS) to document changes. The grantee agrees that within 120 days of award acceptance, each current member of a law enforcement task force funded with these funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, will complete required online (internet-based) task force training. Additionally, all future task force members are required to complete this training once during the life of this award, or once every four years if multiple awards include this requirement. The training is provided free of charge online through BJA's Center for Task Force Integrity and Leadership (www.ctfli.org). This training addresses task force effectiveness as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. When BJA funding supports a task force, a task force personnel roster should be compiled and maintained, along with course completion certificates, by the grant recipient. Additional information is available regarding this required training and access methods via BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org). The recipient agrees to participate in BJA-sponsored training events, technical assistance events, or conferences held by BJA or its designees, upon BJA's request. 26. 27. 28. 29. 30. 31. 32. 33. OJP FORM 4000/2 (REV. 4-88) 13 AWARD CONTINUATION SHEET Grant PAGE 10 OF U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/07/2016PROJECT NUMBER 2016-DJ-BX-1046 SPECIAL CONDITIONS Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed justification must be submitted to and approved by the Office of Justice Programs (OJP) program office prior to obligation or expenditure of such funds. The grantee agrees to assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these grant funds, either directly by the grantee or by a subgrantee. Accordingly, the grantee agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the grant, the grantee agrees to contact BJA. The grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds. That is, as long as the activity is being conducted by the grantee, a subgrantee, or any third party and the activity needs to be undertaken in order to use these grant funds, this special condition must first be met. The activities covered by this special condition are: a. New construction; b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. The grantee understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The grantee further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at http://www.ojp.usdoj.gov/BJA/resource/nepa.html, for programs relating to methamphetamine laboratory operations. Application of This Special Condition to Grantee's Existing Programs or Activities: For any of the grantee's or its subgrantees' existing programs or activities that will be funded by these grant funds, the grantee, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. The recipient is required to establish a trust fund account. (The trust fund may or may not be an interest-bearing account.) The fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the grant funds in the trust fund (including any interest earned) during the period of the grant and expend within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to the Office of Justice Programs at the time of closeout. JAG funds may be used to purchase vests for an agency, but they may not be used as the 50% match for purposes of the Bulletproof Vest Partnership (BVP) program. 34. 35. 36. 37. OJP FORM 4000/2 (REV. 4-88) 13 AWARD CONTINUATION SHEET Grant PAGE 11 OF U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/07/2016PROJECT NUMBER 2016-DJ-BX-1046 SPECIAL CONDITIONS Ballistic-resistant and stab-resistant body armor purchased with JAG funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the vests have been tested and found to comply with applicable National Institute of Justice ballistic or stab standards and are listed on the NIJ Compliant Body Armor Model List (http://nij.gov). In addition, ballistic-resistant and stab-resistant body armor purchased must be American- made. The latest NIJ standard information can be found here: http://www.nij.gov/topics/technology/body-armor/safety- initiative.htm. The recipient agrees to submit a signed certification that all law enforcement agencies receiving vests purchased with JAG funds have a written "mandatory wear" policy in effect. Fiscal agents and state agencies must keep signed certifications on file for any subrecipients planning to utilize JAG funds for ballistic-resistant and stab-resistant body armor purchases. This policy must be in place for at least all uniformed officers before any JAG funding can be used by the agency for body armor. There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty. The recipient agrees to monitor subawards under this JAG award in accordance with all applicable statutes, regulations, OMB circulars, and guidelines, including the DOJ Financial Guide, and to include the applicable conditions of this award in any subaward. The recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of JAG funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award. The recipient agrees that funds received under this award will not be used to supplant State or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities. Award recipients must submit quarterly Federal Financial Reports (SF-425) and semi-annual performance reports through GMS (https://grants.ojp.usdoj.gov). Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA), P.L. 103-62, applicants who receive funding under this solicitation must provide data that measure the results of their work. Therefore, quarterly performance metrics reports must be submitted through BJA's Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For more detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage. Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. Any law enforcement agency receiving direct or sub-awarded JAG funding must submit quarterly accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias, de-escalation of conflict, and constructive engagement with the public. BJA strongly encourages the recipient to submit annual (or more frequent) JAG success stories. To submit a success story, sign in to your My BJA account at https://www.bja.gov/Login.aspx to access the Success Story Submission form. If you do not yet have a My BJA account, please register at https://www.bja.gov/profile.aspx. Once you register, one of the available areas on your My BJA page will be "My Success Stories". Within this box, you will see an option to add a Success Story. Once reviewed and approved by BJA, all success stories will appear on the new BJA Success Story web page at https://www.bja.gov/SuccessStoryList.aspx. Recipient understands and agrees that award funds may not be used for items that are listed on the Controlled Expenditure List at the time of purchase or acquisition, including as the list may be amended from time to time, without explicit written prior approval from BJA. The Controlled Expenditure List, and instructions on how to request approval for purchase or acquisitions may be accessed here: https://www.bja.gov/funding/JAGControlledPurchaseList.pdf 38. 39. 40. 41. 42. 43. 44. 45. OJP FORM 4000/2 (REV. 4-88) 13 AWARD CONTINUATION SHEET Grant PAGE 12 OF U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/07/2016PROJECT NUMBER 2016-DJ-BX-1046 SPECIAL CONDITIONS The recipient understands that, pursuant to recommendation 2.1 of Executive Order 13688, law enforcement agencies that acquire controlled equipment through Federal programs must adopt robust and specific written policies and protocols governing General Policing Standards and Specific Controlled Equipment Standards. General Policing Standards includes policies on (a) Community Policing; (b) Constitutional Policing; and (c) Community Input and Impact Considerations. Specific Controlled Equipment Standards includes policies specifically related to (a) Appropriate Use of Controlled Equipment; (b) Supervision of Use; (c) Effectiveness Evaluation; (d) Auditing and Accountability; and (e) Transparency and Notice Considerations. Upon OJP’s request, the recipient agrees to provide a copy of the General Policing Standards and Specific Controlled Equipment Standards, and any related policies and protocols. Recipient understands and agrees that the purchase or acquisition of any item on the Controlled Expenditure List at the time of purchase or acquisition, including as the list may be amended from time to time, with award funds by an agency will trigger a requirement that the agency collect and retain (for at least 3 years) certain information about the use of 1) any federally-acquired Controlled Equipment in the agency’s inventory, and 2) any other controlled equipment in the same category as the federally-acquired controlled equipment in the agency’s inventory, regardless of source; and make that information available to BJA upon request. Details about what information must be collected and retained may be accessed here: https://www.whitehouse.gov/sites/default/files/docs/le_equipment_wg_final_report_final.pdf Recipient understands and agrees that failure to comply with conditions related to Prohibited or Controlled Expenditures may result in a prohibition from further Controlled Expenditure approval under this or other federal awards. Recipient understands and agrees that award funds may not be used for items that are listed on the Prohibited Expenditure List at the time of purchase or acquisition, including as the list may be amended from time to time. The Prohibited Expenditure list may be accessed here: https://www.bja.gov/funding/JAGControlledPurchaseList.pdf. Recipient understands and agrees that, notwithstanding 2 CFR § 200.313, no equipment listed on the Controlled Expenditure List that is purchased under this award may be transferred or sold to a third party, except as described below: a. Agencies may transfer or sell any controlled equipment, except riot helmets and riot shields, to a Law Enforcement Agency (LEA) after obtaining prior written approval from BJA. As a condition of that approval, the acquiring LEA will be required to submit information and certifications to BJA as if it was requesting approval to use award fund for the initial purchase of items on the Controlled Expenditure List. b. Agencies may not transfer or sell any riot helmets or riot shields purchased under this award. c. Agencies may not transfer or sell any Controlled Equipment purchased under this award to non-LEAs, with the exception of fixed wing aircraft, rotary wing aircraft, and command and control vehicles. Before any such transfer or sale is finalized, the agency must obtain prior written approval from BJA. All law enforcement-related and other sensitive or potentially dangerous components, and all law enforcement insignias and identifying markings must be removed prior to transfer or sale. Recipient further understands and agrees to notify BJA prior to the disposal of any items on the Controlled Expenditure List purchased under this award, and to abide by any applicable laws and regulations in such disposal. Recipient acknowledges that it may not expend or drawdown grant funds until it has submitted all delinquent reports for grants funded by OJP, including the 1) Federal Financial Report (SF 425); 2) annual performance reports; 3) quarterly performance metrics reports;or 4) final reports. Recipients are encouraged to contact their BJA grant manager with questions concerning these delinquent reports. All reports must be submitted electronically. Only after all of these delinquent reports have been submitted will OJP issue a Grant Adjustment Notice to remove this condition. 46. 47. 48. 49. 50. 51. OJP FORM 4000/2 (REV. 4-88) 13 AWARD CONTINUATION SHEET Grant PAGE 13 OF U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD DATE 09/07/2016PROJECT NUMBER 2016-DJ-BX-1046 SPECIAL CONDITIONS Recipient may not expend or drawdown funds until the Bureau of Justice Assistance, Office of Justice Programs has reviewed and approved the Abstract portion of the application and has issued a Grant Adjustment Notice (GAN) informing the recipient of the approval. Recipient may not expend or drawdown funds until the Bureau of Justice Assistance, Office of Justice Programs has reviewed and approved the Program Narrative portion of the application and has issued a Grant Adjustment Notice (GAN) informing the recipient of the approval. The recipient may not expend or draw down any award funds until: (1) it has provided to the grant manager for this OJP award either an "applicant disclosure of pending applications" for federal funding or a specific affirmative statement that no such pending applications (whether direct or indirect) exist, in accordance with the detailed instructions in the program solicitation, (2) OJP has completed its review of the information provided and of any supplemental information it may request, (3) the recipient has made any adjustments to the award that OJP may require to prevent or eliminate any inappropriate duplication of funding (e.g., budget modification, project scope adjustment), (4) if appropriate adjustments to a discretionary award cannot be made, the recipient has agreed in writing to any necessary reduction of the award amount in any amount sufficient to prevent duplication (as determined by OJP), and (5) a Grant Adjustment Notice has been issued removing this special condition. The recipient may not expend or draw down any funds under this award until it has submitted to the Bureau of Justice Assistance (BJA) the required certification related to its body-worn camera policies and procedures and a Grant Adjustment Notice has been issued removing this special condition. Recipient may not expend or drawdown funds until the Bureau of Justice Assistance (BJA) has received documentation demonstrating that the state or local governing body review and public comment requirements have been met and a Grant Adjustment Notice (GAN) has been approved releasing this special condition. Withholding - Completion of "OJP financial management and grant administration training" required The recipient may not obligate, expend, or draw down funds under this award until-- (1) OJP determines that the recipient's Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award have successfully completed an "OJP financial management and grant administration training" on or after January 1, 2015, and (2) OJP issues a Grant Adjustment Notice (GAN) to modify or remove this special condition. Once both the POC and all FPOCs have successfully completed the training required by this condition, the recipient may contact the designated grant manager for the award to request initiation of a GAN to remove this condition. A list of the OJP trainings that OJP will consider an "OJP financial management and grant administration training" for purposes of this condition is available at http://www.ojp.gov/training/fmts.htm. All trainings that satisfy this condition include a session on grant fraud prevention and detection. 52. 53. 54. 55. 56. 57. OJP FORM 4000/2 (REV. 4-88) 13 Memorandum To: From: Subject: Washington, D.C. 20531 Orbin Terry, NEPA Coordinator Incorporates NEPA Compliance in Further Developmental Stages for Augusta City / Richmond County The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a subgrantee or third party. Accordingly, prior to obligating funds for any of the specified activities, the grantee must first determine if any of the specified activities will be funded by the grant. The specified activities requiring environmental analysis are: a. New construction; b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan requirements, please see https://www.bja.gov/Funding/nepa.html. Please be sure to carefully review the grant conditions on your award document, as it may contain more specific information about environmental compliance. Official Grant File U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance GRANT MANAGER'S MEMORANDUM, PT. I: PROJECT SUMMARY 1. STAFF CONTACT (Name & telephone number) PROJECT NUMBER 6. NAME & ADRESS OF SUBGRANTEE 7. PROGRAM PERIOD 8. BUDGET PERIOD 9. AMOUNT OF AWARD 10. DATE OF AWARD 11. SECOND YEAR'S BUDGET 2016-DJ-BX-1046 2. PROJECT DIRECTOR (Name, address & telephone number) 4. TITLE OF PROJECT 12. SECOND YEAR'S BUDGET AMOUNT 13. THIRD YEAR'S BUDGET PERIOD 14. THIRD YEAR'S BUDGET AMOUNT 15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse) 5. NAME & ADDRESS OF GRANTEE Grant This project is supported under FY16(BJA - JAG) 42 USC 3750, et seq. Robert Partain Colonel 400 Walton Way Augusta, GA 30901-2438 (706) 821-1430 PAGE 11OF The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and units of local government, including tribes, to support a broad range of activities to prevent and control crime based on their own state and local needs and conditions. Grant funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, including for any one or more of the following program areas: 1) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4) corrections and community corrections programs; 5) drug treatment and enforcement programs; 6) planning, evaluation, and technology improvement programs; and 7) crime victim and witness programs (other than compensation). The grantee will use this 2016 JAG award to purchase BWC storage devices and software. The goals of the project are to enhance both police investigations and officer safety. NCA/NCF Flora D. Lawson (202) 305-9216 OJP FORM 4000/2 (REV. 4-88) Implementation of Archive Storage Device for Officer Worn Video Footage Augusta City / Richmond County 530 Greene Street, Room 207 Finance Department Augusta, GA 30901-4441 TO:10/01/2015 09/30/2019FROM:TO:10/01/2015 09/30/2019FROM: 09/07/2016 $ 56,974 3b. POMS CODE (SEE INSTRUCTIONS ON REVERSE) 3a. TITLE OF THE PROGRAM 2016 Edward Byrne Memorial Justice Assistance Grant Program U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance Commission Meeting Agenda 10/18/2016 2:00 PM Approve funding for Richmond County Sheriff's Office to participate in GEMA Region #5 CBRNE Response Team in the amount of $36,460.00 Department:Richmond County Sheriff's Office Department:Richmond County Sheriff's Office Caption:Motion to approve Richmond County Sheriff's Office (RCSO) request for approval of funding to support the Georgia Emergency Management Agency (GEMA) Region #5 Chemical, Biological, Radiological, Nuclear, Explosive (CBRNE) team. ($36,460.00) (Approved by Public Safety Committee October 11, 2016) Background:In 2015 RCSO was designated by GEMA as the response team for Region #5 for a CBRNE Incident. RCSO will respond to a tactical hazardous material incident in the 25 county region which requires a specialized response and the equipment to handle the response. If the requested funding amount is approved RCSO will purchase specialized equipment to respond to tactical HazMat response. Analysis:none Financial Impact:This is a 100% reimbursable grant through GEMA. RCSO will submit request for reimbursement after expenditures to GEMA. Alternatives:None Recommendation:Approve funding request for $36,400.00 to maintain Region #5 CBRNE response team. Funds are Available in the Following Accounts: 220 REVIEWED AND APPROVED BY:Cover Memo Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 10/18/2016 2:00 PM Approve funding in the amount of $6,000.00 from GEMA in support of the RCSO region #3 K-9 Response Team Department:Richmond County Sherif's Office Department:Richmond County Sherif's Office Caption:Motion to approve the Richmond County Sheriff's Office (RCSO) request for approval of funding ($6,000.00) from the Georgia Emergency Management Agency (GEMA) in support of the Region #3 Explosive K-9 team. (Approved by Public Safety Committee October 11, 2016) Background:The RCSO K-9 Unit is the designated explosive K-9 detection teams for GEMA region #3 in the state. Currently RCSO has three explosive detection teams which respond to calls for explosive K- 9 detection assistance in Region #3. Richmond County is within the response area. The monies obtained from GEMA are used to sustain the K-9's with , food, medicines and veterinarian services. Analysis:None Financial Impact:This is a 100% reimbursable grant through GEMA. RCSO submits request for reimbursements upon expenditures to GEMA. Alternatives:None Recommendation:Approve funding for RCSO in the amount of $6,000.00 in support of GEMA Region #3 K-9 teams. Funds are Available in the Following Accounts: 220 REVIEWED AND APPROVED BY:Cover Memo Finance. Law. Administrator. Clerk of Commission Cover Memo AUGUSTA, GEORGIA New Grant ProposaUApplication Before a DepartmenUagency may apply for the granUaward on behalf of Augusta Richmond County, they must first obtain approval signature from the Administrator and the Finance Director. The Administrator will obtain information on tbe grant program end requirements from the funding agency and review these for feasibility to determine if this granUaward will benefit Augusta Richmond County. The Finance Director will review the funding requirement to determine if the grart will fit within our budget structure and financial goals, Proposal Project n-o. Project Title PR000055 SHERIFF FY 2016 Bomb K-9 Unit Requesting grant offbred by Georgia Emergency Management and Homeland Security to acquire and sustain the Sheriffs Office Explosive Ordinance Disposal Canine Program. EEO required: No EEO dept. notified: No ADMINISTRATOR'S OFFICE sEP 2 6 2016 Start Dale: 10/0112016 Submit Date: 09nV20'16 Total Budgeted Amount: 6,000.00 End Date: 0813112017 Department 032 Tota! Funding Agency: Sheriff 6,000.00 AUGUSTA-R|CIJI\I10I,I D CoUNIy Cash Match? N Tota! Cash Match 0.00 Sponsor: CM0008 US Homeland Security Sponsor Type: p Federal Purpose: 6 K-9 Operations Contacts Type I ID Flow Thru lD: GM0008 US Homeland Security Phone (706)82t-tM7GMI003 Freeman, Veronica Type FA By R. ROL,INDTREI Approvals Date 09t23/20t6 Depr Signature: 4-Z--- Grant Coordinrt l.) I have reviewed the Grant application and enclosed materials and: o--f6Athe grant/award to be feasible to the needs of Augusta Richmond Counry o Deny the request '),',r',,^ aA C{.-Q 2-ett -t..,o Finance Director ?4at, Date 2.) ,ldve reviewed the Grant application and enclosed materials and: /A Approve the Department Agency to move forward with the application the request Date will also be used to the external auditors with information on all grants for compliance and requirements as required by the State and Federal Government. Lrscr: VFl5985 - VERONICA FREEMAN Prgc IReporr GMl000_PROPOSAL - GMl000: Cranrs Managenten Name Commission Meeting Agenda 10/18/2016 2:00 PM Approve purchase of three Video Storage Devices for the Charles B. Webster Detention Center ($79,998.00) Department:Richmond County Sheriff's Office Department:Richmond County Sheriff's Office Caption:Motion to authorize the Richmond County Sheriff's Office request to purchase three (3) video storage devices for the Charles B. Webster Detention Center in the amount of $79,998.00 from Icotech of Alabama. (Approved by Public Safety Committee October 11, 2016) Background:Within the past 30 days three video storage devices broke on pods within the jail. These devices are obsolete and need immediate replacement. The devices store the video data of activities which occur on the jail pods where the inmates are housed. These recordings are useful in reviewing incidents which occur between inmates and interactions with deputies. We are requesting to expedite this purchase with the vendor that provides the maintenance for the camera systems within the jail. Analysis:None Financial Impact:RCSO will purchase the devices using funds from the 278 fund which will cause no impact to RCSO's budget. Alternatives:None Recommendation:Approve purchase of three video storage devices from IcoTech of Alabama for $79,998.00. Funds are Available in the Following Accounts: 278 Cover Memo REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo @rceuonant @*ltr*"t %.'*@"-",%rn**ffif8'f8o,,,", DATE: TO: FROM: SUBJECT: September 23,zOLo Janice Allen Jackson, Administrator GeriA. Sams, Procurement Director OKr*qrf AUGUSH"RICH}.JON D COUNIY sEP 2 6 2016 Emergency Procedures Request - Sheriffs Office Please find attached an emergency request which has been received from the Sheriff,s Office to replace video recording devices in Pods A, C and G at the Charles B. Webster Detention Center.The devices store daily recordings of numerous cell block activities which are used toinvestigate inmate against inmate incidents and inmate/officer incidents. Currently, the recording devices are able to record video, but are not able to capture sound which is a securityrisk' The Emergency Procurement request is due to the security risk within the jail. TheSheriffs Office contacted lcotech who provides maintenance for the camera system to assessthe malfunctioning devices. lcotech has determined the devices are obsolete and are not repairable and need to be replaced. The Sheriffs Office obtained a quote in the amount of 579,998.00. Considering, the Emergency is a security risk to the Sheriff's office, a purchase Order has been processed. Funding is available in the 278 account. We are requesting that you review the attached documents and approve as you deem necessary pursuant to the Augusta Code Sec. L-10-57. Sec. 1-10-57. Emergency procurement selection method. Notwithstanding any other provisions of this chapter, the Procurement Director, Augusta, GeorgiaAdministrator or constitutional officer may make or authorize others to make emergency piocurement ofequipment, supplies, services, general construction, or public works type construction services whenthere exists a threat to public health, welfare, or safety, or where daily operations are affected; providedthat such emergency procurement shall be made with such competition as is practicable under thecircumstances. As soon as practicable, a record of each emergency procurement shall be made and shallset forth the contractor's name, the amount and type of the contract, a listing of the item(s) procuredunder the contract, and the identification number of the contract file. A writien report explaining thedetermination of the basis for the emergency and for the selection of the particular contractor shall beincluded in the contract file, and a copy of same provided the Augusta, Georgia commission at their nextregular meetang in the case of public works contracts as defined by Georgia Law or other Augusta , ,Georgia purchases when the value of the purchase exceeds twenty-five thousand dollars (S25,OOO). Please do not hesitate to contact me if there are any questions or concerns on this request. GAS/nw Attachments (as indicated) cc: Richard Roundtree, Sheriff Partain, Sheriff s Office Signature: Approve Deny : 535 Telfair Street, Augusta Georgia 309i1 (7 06) 821 -2422 - F ax (7 06) 821 -ZBt l Register ut ***.a"rurdrffiffiffi automatic bid notifi cation Scan this QR code with your smartphone or camera equipped tablet to visit the Augusta, Georgia RICHMOND COUNTY SHERITT'S OTFICE Sheriff Richard Roundtree l,arv Enforcement Center 400 Walton Way Augusta, GA 30901 Phone: 706.821.1000 Fax 706.821.1064 September 22,201.6 Janice Allen Jackson, Administrator City ofAugusta Suit€ 910 535 Telfair St. August4 GA 30901 Mrs. Jackson: Re: Video Storage Devices The agenry ls requesting to purchase video recorder storage devices for the Jail. Within the last 45 days video recording devices have broken in pods, A, C, and G at the Charles B. Webster Detention Center which poses a security risk. These devices store the recordings of numerous activities which occur on the cell blocks each day. These recordings are used to investigate inmate against inmate incidents and inmate/ officer incidents. The cameras on the cell block areas are functional but we can't store video data. RCSO contacted lcotech who provides maintenance for the cameras system in the jail and they assessed the problem and recommended replacing the obsolete storage devices. The agency has funding for this purchase in the 278 fund and would prefer to replace these items as quickly as possible. lf you have in further questions contact Colonel Robert Partain at (706) 821-1430. Sincerely, ,/7€' Richard Roundtree Sheriff Corxrty Sheritrs Office Memo To: Procurement Deparfinent Attn: Ms. Geri Sams Director ^ A Fronu coroner Roberr r r*" ! -/*l,r_u Date: September 22, 2016 Re; Purchase of Vldeo Storage devices of Charles B. WebsterDetention Center Law Enforcement Center 401 Walton Way Augusta, Georgia 30911 Office (706) 821-1065 FAX (7 06') Bzt-t}f/; Rrcnlno Rouxurnpp SEERIFF The agency is rcquesting to purchase video recorder storage devices for the jailwhich. are posing a. security risk. Within the last 45 days vid-eo recordinj Oevices !3ve brPkgn in pods, A, c;and G at the charles B. webster Detention center.These devices store the recordings of numerous activities which occur on the cell Plo$t each day. These_recordings are used to investilate inmate against inmateincidents and inmate/ officer incidents. The cameras oi the cell blocks areas arefunctionalbut we can't store video data. RCSo contacted lcotech ,rtro pioviOesmaintenance for the cameras system in the jail and they assessed the problem andre@mmended replacing the obsolete storage devices which have broken. The costof rePlacing the devices is $79,998.00. The-agency has funding for this purchase inthe 278 fund and wourd prefer to reprace these items as quickr| r" possibrr. 3 ICOTECHZ D ET D A'7' 1 O,\i SEC(. IRIT\' E I,ECT RO N I (: S P.O. Box 210424, Montgomery, Alabama 36121 334-386-9996 FAX: (888) 696-5403 e-mail info@icotechinc.com www.icotechinc.com Quotation Customer Project Quote to Date Valid for Quote lD Webster Detention Center A, C & G-Pod NVR repair Col. Partain 09/20/2016 30 Days 092016-2 Col. Partain, we are pleased to provide the following quotation for the above referenced project: General Provide a new head-end recording system for A, C and G-Pod to replace the non-functional Bosch DiBos units. The new system utilizes the existing Bosch cameras (21 cameras each in A and C pod and 42 cameras in G pod) and use video servers to digitize the camera feeds. Video will be streamed and recorded at 4ClF resolution. Recorded video will be stored on a 32 TB (A and C pods) 4STB (G Pod) RAID 5 video storage server. We will provide a KVM Console to for server setup and management. All equipment is rack mount and will be fit in the existing CCTV system rack. System - Provide (7) sixteen channel Bosch VideoJetencoders (2 for A Pod,2for C pod and 3 for G pod)- Provide (2) Bosch 32TB Raid 5 video storage seryers (1 for A pod and l for c pod)- Provide (1) Bosch 48TB RAID 5 video storageserver (1 for G pod) - Provide (3) Rack mount KVM Console (1for each pod)- Provide (84) camera licenses for BVMS We also lnclude:L. Setup and recordingconfiguration2. Programming into BVMS 3. Shipping / Freight toJobsite Terms and Conditions: 1. Tax is not included in our price2' customer is responsible to veritr/ that all products and quantities are correct. lcorEcH, lnc. is not liable for any damage orproblems associated with or arising out incorrect parts or quantities quoted or missed items.3' All lcoTECH, lnc' products are warranted against defects in materials or workmanship for a period of one (1) year from thedate of purchase. Products provided by lcoTEcH, lnc. but manufactured by others are warranted by their respectivemanufacturers' This warranty does not cover shipping costs or field labor. See lcorEcH, lnc. product warranties for additionalinformation. 4, 5. 6. 7. 8. 9. Please reference euote lD on purchase order orLol. Payment terms are 15% due upon submittal acceptance, 25% due upon receipt of materials into lcorECH, tnc. warehouse,25% upon shipment to job site and balance due net 30 from delivery ofequipment. lnvoices shall be paid net 30 from receipt. No retainage may be withheld on invoices. lnformation contained in this quote is strictly confidential and disclosure or dissemination ofany information contained hereinto any party not authorized by lcoTECH, lnc. is STRICTLY PRoHIBITED. Failure to adhere to this requirement may result in thesuspension or termination of your customer account with ICOTECH, lnc. By accepting this proposal / quotation you agree to indemnify and hold lcorECH, tnc. and its parent companies, subsidiariesand affiliates harmless in any suit or action in any way related to the products, software or services provided under thisproposal / quotation. This quotation is valid for thirty (30)days By issuing a purchase order or otherwise agreeing to this proposal / quotation you agree to and accept these terms andconditions. 10. 11. Seventy Nine Thousand Nine Hundred ninety Eight and....... ...........nol100 Dollars lf you have any questions regarding this quotation, please do not hesitate to call our office. Very truly yours, 6qqA#/4/d- / '/ / ICOTECH, lnc. / Bryan J. Hodges Commission Meeting Agenda 10/18/2016 2:00 PM Approve request for funding in the amount of $186,000.00 from GEMA for continued support of the RCSO Explosive Ordnance Disposal team Department:Richmond County Sheriff's Office Department:Richmond County Sheriff's Office Caption:The Richmond County Sheriff's Office (RCSO) is requesting approval of funding in the amount of $186,000.00 from the Georgia Emergency Management Agency (GEMA) to sustain the RCSO Explosive Ordnance Disposal (EOD) team.(Approved by Public Safety Committee October 11, 2016) Background:GEMA has approved funding in the amount of $186,000.00 to continue support of the RCSO/EOD team. This funding is part of the Department of Homeland Security State Initiative to enhance EOD teams abilities to respond to explosive incidents. RCSO will use this funding to purchase specialized equipment to use at the scene of a explosive related incident. Analysis:None Financial Impact:This is a 100% reimbursable grant through GEMA. RCSO will submit request for reimbursement upon expenditures. Alternatives:None Recommendation:Approve funding in the amount of $186,000.00 from GEMA to continue support of the RCSO/EOD team. Funds are Available in the Following Accounts: 220 REVIEWED AND APPROVED BY:Cover Memo Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 10/18/2016 2:00 PM MOU between State of Georgia Emergency Management & Homeland Security Agency (GEMHSA) and Augusta-Richmond County, Georgia Department:Fire Department:Fire Caption:Motion to approve entering into an MOU with State of Georgia Emergency Management & Homeland Security Agency (GEMHSA) and to authorize the Mayor to execute the appropriate documents. (Approved by Public Safety Committee October 11, 2016) Background:The purpose of this agreement is to set forth terms by which GEMHSA will provide Emergency Evacuation Shelter Initiative (EESI) equipment and other items to Augusta-Richmond County, Georgia in support of all-hazards emergency management. Analysis: Financial Impact: Alternatives:None at this time. Recommendation:To approve entering into an MOU with State of Georgia Emergency Management & Homeland Security Agency (GEMHSA) and to authorize the Mayor to execute the appropriate documents. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Cover Memo Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 10/18/2016 2:00 PM Radio Consulting Services Department:Information Technology Department Department:Information Technology Department Caption:Motion to approve the selection of Engineering Associates, LLC as the vendor of choice to provide consulting services, as outlined in RFP # 16-200 Land Mobile Radio Consulting Services. (Approved by Public Safety Committee October 11, 2016) Background:The City of Augusta, currently, has 1,483 radios on the South Carolina Statewide 800 MHz Radio and Mobile Data System which is a cost-shared public/private partnership between state government, local governments and power utilities. This shared system has over 30,000 primary users and 750 agencies representing state government, federal government, local government, law enforcement agencies, fire services, EMS services, and power utilities in South Carolina, North Carolina, and Georgia. Analysis:Participation in a shared radio system has, historically, been the only affordable method of achieving radio coverage in the City of Augusta. Due to recent industry price reductions, for entry level radio systems, it is now affordable for the City of Augusta to purchase our own radio system. Engineering Associates, LLC has been selected as the vendor of choice to provide consulting services necessary to ensure that the City of Augusta purchases a radio system that will meet our immediate and future needs. Engineering Associates, LLC will assist Augusta with a Needs Assessment, Technical Specifications/RFP Development, Land Mobile Radio System Vendor Selection/Project Management and Final Acceptance. A selection committee was formed to evaluate responses to RFP # 16-200. The committee had representation from the Sheriff’s Office, Marshal’s Office, Fire Department, E911, The Augusta Regional Airport and Information Technology. Engineering Associates, LLC was unanimously selected as the vendor of choice. Engineering Associates, LLC submitted a qualifying bid and has met all vendor requirements. Cover Memo Financial Impact:This is an approved SPLOST project. Funds, in the amount of $246,400, are available in the following accounts (329012110/216725901) Alternatives:N/A Recommendation:Approve the selection of Engineering Associates, LLC as the vendor of choice to provide consulting services, as outlined in RFP # 16-200 Land Mobile Radio Consulting Services. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo 1 CONSULTANT SERVICES AGREEMENT BETWEEN AUGUSTA, GEORGIA AND ENGINEERING ASSOCIATES, LLC (EA) This Agreement is made and entered into this ________ day of _________________, 2016 by and between Augusta, Georgia, a political subdivision of the State of Georgia, (hereinafter called "Augusta” or “Client”) and Engineering Associates, LLC (EA), a Corporation, authorized to do business in the State of Georgia, (hereinafter called the "Consultant”), for the following reasons: WHEREAS, Augusta desires to engage a qualified and experienced consulting firm to assist in the solicitation for proposals, evaluation of RFP responses, purchase and installation of a Land Mobile Radio System (LMRS) pursuant to RFP Item #16-200 Land Mobile Radio Consulting Services (“RFP”); and WHEREAS, the Consultant responded to Augusta’s RFP and has represented to Augusta that it is experienced and qualified to provide the services contained therein; and WHEREAS, Augusta has relied upon such representation and selected Consultant as the most qualified respondent based on its submittal and verbal presentation. NOW, THEREFORE, in consideration of the foregoing, the provisions contained herein and the mutual benefits to be derived here from, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Consultant and Augusta agree as follows: ARTICLE I - TERM OF SERVICE The term of this Agreement shall correspond with the Estimate of Probable Project Investment for Land Mobile Consulting Services (hereinafter referred to as “Project Milestones/Deliverables”), attached as Exhibit A and shall not extend beyond five (5) years from the date of execution. The term of this Agreement may be extended only by written renewal approved by the Augusta Board of Commissioners and the Consultant in accordance with the AUGUSTA, GA CODE. ARTICLE II – SCOPE OF WORK Consultant agrees to provide all services in accordance with the Scope of Work outlined in RFP #16-200, attached as Exhibit B and the Project Milestones/Deliverables attached as Exhibit A, which are attached hereto and incorporated by reference. Augusta's Request for Proposals (RFP) No. #16-200 for Consulting Services to assist in the solicitation for proposals, evaluation of RFP responses, purchase and installation of a Land Mobile Radio System (LMRS), and other services required in RFP Item #16-200 Land Mobile Radio Consulting Services (“RFP”), which are incorporated herein in their entirety by reference, and as further specified herein. 2 ARTICLE III - COMPENSATION For the proper performance of the services listed in Augusta's Request for Proposals (RFP) No. #16-200 for Consulting Services, Augusta shall pay Consultant an amount not to exceed two hundred forty-six thousand four hundred dollars and no/100 ($246,400.00). Consultant shall submit invoices to Augusta in accordance with the completion of each Phase as identified in (Exhibits A & B) attached hereto and made a part hereof. The invoices shall include charges for all labor and costs in accordance with Exhibits A & B. The invoice shall be accompanied by a progress report that indicates the status of the project. Augusta shall allow Consultant to roll forward two (2) “Man-days” from one phase to another that had not been utilized from a prior phase as outlined in Exhibit A. However, prior written authorization from the Director of Augusta’s Information Technology Department shall be required prior to any attempt to roll forward more than two (2) “Man-days” from one phase to another. Augusta will notify Consultant within (14) days of receipt of each invoice if it objects to all or any portion of an invoice. Unless there is a dispute regarding compensation owed to Consultant, Augusta agrees to pay all approved invoices within thirty (30) days of receipt. Augusta shall not be obligated to pay any invoices which are not in accord with the terms of this Agreement. By acceptance of Augusta's payment of an invoice amount, Consultant releases Augusta from any and all claims for service provided or work performed through the date of the invoice. ARTICLE IV – INDEPENDENT PARTIES Augusta, Georgia and the Consultant shall at all times be considered independent parties and, in no event, shall either be liable for the debts and obligations of the other. Consultant shall not have any claim against Augusta, Georgia for vacation pay, paid sick leave, retirement benefits, social security, workers compensation, health, disability, professional malpractice or unemployment insurance benefits or other benefits. ARTICLE V – NOTICE 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 by (a) registered or certified United States mail, return receipt requested, postage prepaid, (b) personal delivery, (c) overnight courier service, or (d) delivered in person to the Consultant or its authorized representative. All notices sent to the addresses listed below shall be binding unless said address is changed in writing no less than two weeks before such notice is sent. Future changes in address shall be effective upon written notice being given via certified first class U.S. mail, return receipt requested. Such notices will be addressed as follows: 3 If to Augusta: Tameka Allen, Director Augusta Information Technology Department 535 Telfair Street, Building 2000 Augusta, GA 30901 With a copy to: General Counsel Augusta Law Department 535 Telfair Street, Building 3000 Augusta, Georgia 30901 If to Consultant: Michael C. McGannon, Vice President Engineering Associates, LLC 1220 Old Alpharetta Rd., Suite 380 Alpharetta, GA 30005 ARTICLE VI – TERMINATION Either party may, for its own convenience and at its sole option, without cause and without prejudice to any other right or remedy of other party, elect to terminate this Agreement, in whole or in part, by delivering to the address listed in the Notices article of this Agreement, a written notice of termination specifying the effective date of termination. Such notice shall be delivered at least thirty days (30) days prior to the effective date of termination. All obligations cease upon Augusta’s notification to Consultant. Augusta, Georgia will however, honor those obligations made in accordance with the Terms of Agreement, Scope of Work listed in Exhibit B and the Project Milestones/Deliverables attached as Exhibit A, which were made in good faith prior to such written notification. Upon termination, all finished or unfinished documents, data, studies, and reports prepared by the Consultant in accordance with the Scope of Work listed in Exhibit B shall become the property of Augusta, Georgia. Augusta shall promptly pay the Consultant for all services performed to the effective date of termination provided that the Consultant submits to Augusta properly computed invoices no later than thirty (30) days after the effective date of termination. Consultant Default – If the Consultant defaults by failing to substantially perform, in accordance with the terms of this Agreement, Augusta in its sole discretion may, in the case of a termination for breach or default, allow Contractor an appropriately short period of time in which to cure the defect. In such case, the notice of termination shall state the time period in which cure is permitted and other appropriate conditions. If consultant fails to remedy to the recipient's satisfaction the breach or default or any of the terms, covenants, or conditions of this Agreement within ten (10) days after receipt by consultant or written notice from the recipient setting forth the nature of said breach or default, the recipient shall have the right 4 to terminate the Agreement without any further obligation to Consultant. Any such termination for default shall not in any way operate to preclude the Augusta from also pursuing all available remedies against Consultant and its sureties for said breach or default. If Consultant fails to perform the services within the time specified in this Agreement or any extension or if the Consultant fails to comply with any other provisions of this Agreement, Augusta may terminate this Agreement for default. Augusta shall terminate by delivering to Consultant a notice of termination specifying the nature of default. Consultant shall only be paid the Agreement price for services performed in accordance with the manner of performance set forth in this Agreement. Consultant acknowledges that project delays due to site acquisition shall not constitute a default on the part of Augusta. In addition, Consultant acknowledges that site acquisition shall require the legislative authorization of the Board of Commissioners. ARTICLE VII – CONFIDENTIALITY The Consultant shall comply with all applicable federal, state, and local laws and regulations relating to confidentiality and privacy. Consultant agrees to take reasonable steps to insure the physical security of any confidential data under its control. Consultant agrees that it will inform each of its employees or agents having any involvement with personal data or other confidential information of the laws and regulations relating to confidentiality. ARTICLE VIII – INSURANCE In accordance with the terms of this Agreement, Consultant shall maintain the following insurance: (a) Commercial General Liability Insurance, with a limit of not less than $1,000,000 per occurrence and $1,000,000 general aggregate, and naming Augusta as an Additional Insured. (b) Automobile Insurance, with a combined single limit of not less than $1,000,000 each accident and shall name Augusta as an Additional Insured. (c) Workers’ Compensation Insurance in accordance with statutory requirements and Employers' Liability Insurance with limits of not less than $1,000,000 for each accident, disease– each employee and disease—policy limit. (d) Professional Liability Insurance with limits of not less than $1,000,000 per claim and aggregate. Prior to performing Services under this Agreement if requested by Augusta, Consultant shall furnish Augusta with certificates of insurance which evidence the requirements of this Article. Certificates will provide Augusta with at least thirty (30) days’ advance written notice prior to 5 cancellation of the above policies and at least ten (10) days’ written notice in the event of cancellation for non-payment of premium. ARTICLE IX – KEY PERSONNEL At a minimum, the key personnel identified in Engineering Associates, LLC’s response to RFP #16-200 shall be considered essential to this project. Prior to taking them off the project for any reason, Engineering Associates, LLC shall notify Augusta, Georgia reasonably in advance and submit justification and proposed substitutions in sufficient detail to permit an evaluation of the impact to the services. Engineering Associates, LLC shall make no diversion without the prior written consent of Augusta, Georgia. ARTICLE X – GENERAL INFORMATION A. Right of Inspection. Augusta shall have the right, at its sole discretion to inspect and review the services provided by Consultant hereunder to determine their acceptability. Augusta shall also have the right to review all of Consultant’s records pertaining to this Agreement and Consultant agrees to properly maintain its records so as to allow Augusta to audit as may be required by law. Consultant shall make such records available to Augusta officials within seventy-two (72) hours written request. B. Hold Harmless. Except as otherwise provided in this Agreement, Consultant shall indemnify and hold harmless Augusta, GA, and its employees and agents from and against all liabilities, claims, suits, demands, damages, losses, and expenses, including reasonable defense attorneys’ fees, to the extent caused by the negligent performance of Consultant’s Work. C. Georgia Laws Govern. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Georgia. D. Venue. This Agreement shall be deemed to have been made and performed in Augusta, Georgia. For the purpose of venue, all suits or causes of action arising out of this Agreement shall be brought in the Superior Court of 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 the Superior Court of Richmond County, Georgia. E. Assignments. Augusta has entered into this Agreement in part on the basis of personal reliance in the integrity and qualifications of Consultant. Consultant agrees it shall not delegate, assign, subcontract, transfer, pledge, convey, sell, or otherwise dispose of the whole or any part of this Agreement or its right, title, or interest therein to any person, firm, or corporation without the previous written consent of Augusta. Any attempted assignment by Consultant without prior express written approval of Augusta shall at Augusta’s sole option terminate this Agreement. 6 F. Warranty. Consultant will perform our services in a manner consistent with that level of care and skill ordinarily exercised by members of our profession currently practicing in the same locality under similar conditions. G. Licenses, Permits and Certifications. Consultant hereby warrants and represents that at all times during the term of this Agreement it shall maintain in good standing all required licenses, certifications, and permits required under federal, state and local laws. H. Ownership of Documents - Title to all documents, drawings and specifications with respect to work performed under this Agreement shall vest with Augusta when Augusta has compensated Consultant in full, as provided herein, for the services described in this document. I. Waiver. The waiver by either party of any failure on the part of the other party to perform in accordance with any of the terms or conditions of this Agreement shall not be construed as a waiver of any future or continuing similar or dissimilar failure. J. Severability. In the event any provision of this Agreement is held to be unenforceable for any reason, the remainder of the Agreement shall be in full force and effect and enforceable in accordance with its terms. K. No Conflict. Consultant represents and warrants that it presently has no interest, direct or indirect, and covenants and agrees that it will not, during the term of this Agreement, acquire any interest, direct or indirect that would conflict in any manner or degree with the performance of its duties and obligations hereunder. Consultant further covenants and agrees for itself, its agents, employees, directors and officers to comply fully with the provisions of the Official Code of Georgia (OCGA §§45-10-20 et. seq.) and the provisions of the Augusta, Georgia Code of Ethics governing conflicts of interest of persons doing business with Augusta, as such provisions now exist and may be amended hereafter. Consultant represents and warrants that such provisions are not and will not be violated by the Agreement or its performance hereunder. L. Compliance with Applicable Laws. The Consultant’s attention is directed to the fact that all applicable federal, state, and county laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over this type of service shall apply to the Agreement throughout, and they will be deemed to be included in the Agreement the same as though herein written out in full. M. All Exhibits, Addenda, Responsive Proposals, Agreement, Agreement Amendments, Attachments, Insurance Certificates, Notice to Proceed, Change Orders, Project Acceptance, Fee Schedules, and RFP Item #16-200 are hereby incorporated by reference and shall be deemed to be a part of this Agreement for all purposes. N. Controlling Provisions. This Contract will govern the provision of services provide under this Agreement. In the event of a conflict, the provisions of this Agreement in conjunction with RFP #16-200 shall govern. If any portion of this Agreement shall be in conflict with any other 7 portion, the various documents comprising the Agreement shall govern in the following order of precedence: Agreement, Modifications or Amendments issued after the execution of the Agreement; and RFP #16-200. O. Georgia Open Records Act. Consultant shall comply with the Georgia Open Records Act, OCGA § 50-18-70 et seq. P. Judicial Interpretation. The law of the State of Georgia shall govern the construction of this Agreement. Should any provision of this Agreement 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 Agreement in its entirety, the printed provisions of this Agreement 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 Agreement shall be construed against either party hereto. Q. Modification. Consultant acknowledges that this Agreement 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. R. Sole Agreement. This Agreement constitutes the sole agreement between the parties. No representations oral or written not incorporated herein shall be binding upon the parties. No amendment or modifications of this Agreement shall be enforceable unless approval by action of Augusta. S. Counterparts and Facsimile Execution. This Agreement may be executed by facsimile in any number of counterparts, each of which, when executed and delivered, shall be deemed an original, and such counterparts together constitute one and the same instrument. Signature pages may be detached from the counterparts and attached to a single copy of this document to physically form one document. [THIS SPACE INTENTIONALLY LEFT BLANK] 8 IN WITNESS WHEREOF, the parties hereto have caused the Agreement to be executed under seal as of the date first above written. ENGINEERING ASSOCIATES, LLC ____________________________________ Paul Jewel, Managing Director AUGUSTA, GEORGIA ____________________________________ Hardie Davis, Jr., Mayor Attest: ___________________________________ As Its: Secretary Attest: ____________________________________ Notary Public My Commission Expires: ___________________________________ Lena J. Bonner, Clerk of Commission 9 EXHIBIT A PROJECT MILESTONES/DELIVERABLES 10 EXHIBIT B RFP ITEM #16-200 LAND MOBILE RADIO CONSULTING SERVICES ENGINEERING ASSOCIATES, LLC Mandays Labor Total Site Inventory and 800 System Definition 6 $7,200 $7,200 Understand User Needs 6 $7,200 $7,200 Subscriber Inventory 3 $3,600 $3,600 Understand System Performance and Policy 4 $4,800 $4,800 Create Phased Implementation Project Plan 6 $7,200 $7,200 Coverage Testing 18 $21,600 $21,600 Phase I Subtotal $51,600 Fundamental Design 8 $9,600 $9,600 Investigate Options and Alternatives 3 $3,600 $3,600 Investigate Growth and Future Technologies 3 $3,600 $3,600 Investigate Impact on other Projects 3 $3,600 $3,600 Review Funding Mechanism and Grants 2 $2,400 $2,400 Assist with Procurement Strategies & Procurement 4 $4,800 $4,800 Integrate Technical Specifications 12 $14,400 $14,400 Phase II Subtotal $42,000 Assist with Procurement Process 7 $8,400 $8,400 Assist with Vendor Evaluation 6 $7,200 $7,200 Complete Procurement and Vendor Selection 8 $9,600 $9,600 Technical Advisor to Contract 7 $8,400 $8,400 Vendor Contract Design Review 4 $4,800 $4,800 Technical Support - 12 Months 48 $57,600 $57,600 FCC/FAA Applications 8 $9,600 $9,600 Subscriber Programming & Fleetmapping 10 $12,000 $12,000 Phase III Subtotal $117,600 Represent Augusta during Staging and Testing 20 $24,000 $24,000 Ensure Documentation 6 $7,200 $7,200 Phase IV Subtotal $31,200 Travel Budget (vendor meetings or staging)$4,000 TOTAL INVESTMENT 202 $246,400 Phase I: Inventory and Needs Analysis Phase II: Design Criteria, Analysis of Alternatives, Budget, and RFP for 700/800 P25 System Phase III: System Procurement Process, Contract Negotiations, and System Implementation Phase IV: Final Acceptance We will only invoice for the level of effort required based on our hourly rate of $150/hour plus the exact cost of travel, if required, beyond 100 miles of Augusta. Estimate of Probable Project Investment for Land Mobile Consulting Services Augusta RFP16-200 9/15/2016 Request for Proposal Request for Proposals will be received at this office until Wednesday, July 27, 2016 @ 11:00 a.m. for furnishing: RFP Item #16-200 Land Mobile Radio Consulting Services – Information Technology 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. Pre Proposal/Telephone Conference will be held on Thursday, July 7, 2016, @ 3:00 p.m. in the Procurement Department, 535 Telfair Street, Room 605. If you choose to teleconference there is a $35.00 fee. Make the $35.00 check payable “Augusta Georgia Commission” and mail to Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 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 Tuesday, July 12, 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 120 days after bids have been opened, pending the execution of contract with the successful bidder(s). Request for proposals (RFP) and specifications. An RFP shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the request for proposal including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waivable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark RFP number on the outside of the envelope. Proponents are cautioned that acquisition of RFP documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RFP documents from unauthorized sources places the proponent at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov GERI A. SAMS, Procurement Director Publish: Augusta Chronicle June 9, 16, 23, 30, 2016 Metro Courier June 15, 2016 OFFICIAL VENDORS Attachment "B"E-Verify #Addendum 1 SAVE Form Original 12 Copies Fee Proposal AECOM ONE MIDTOWN PLAZA, 1360 PEACHTREE ST., NE ATLANTA, GA 30309 Yes 13691 Yes Yes Yes Yes Yes OMNICOM 2927 HABERSHAM DR. TALLAHASSEE, FL 32309 Yes 871303 Yes Yes Yes Yes Yes FEDERAL ENGINEERING 10600 ARROWHEAD DR., SUITE 160 FAIRFAX, VA 22030 Yes 161519 Yes Yes Yes Yes Yes TUSA CONSULTING SERVICES 75757 HIGHWAY 1082 COVINGTON, LA 70435 Yes 241293 Yes Yes Yes Yes Yes BLACK AND VEATCH 6800 W 115TH STREET, SUITE 2292 OVERLAND PARK, KS 66211 Yes 33286 Yes Yes Yes Yes Yes ENGINEERING ASSOCIATES 1220 OLD ALPHARETTA RD., SUITE 380 ALPHARETTA, GA 30005 Yes 676758 Yes Yes Yes Yes Yes Proposal Opening RFP Item #16-200 Land Mobile Radio Consulting Services for Augusta, Georgia - Information Technology Department RFP Due: Wednesday, July 27, 2016 @ 11:00 a.m. Total Number Specifications Mailed Out: 18 Total Number Specifications Download (Demandstar): Total Electronic Notifications (Demandstar): Mandatory Pre-Proposal/Telephone Conference Attendees: 10 Total packages submitted: Total Noncompliant: Page 1 of 1 AECOM ONE MIDTOWN PLAZA, 1360 PEACHTREE STREET, NE ATLANTA, GA 30309 OMNICOM 2927 HABERSHAM DR. TALLAHASSEE, FL 32309 FEDERAL ENGINEERING 10600 ARROWHEAD DR., SUITE 160 FAIRFAX, VA 22030 TUSA CONSULTING SERVICES 75757 HIGHWAY 1082 COVINGTON, LA 70435 BLACK AND VEATCH 6800 W 115TH STREET, SUITE 2292 OVERLAND PARK, KS 66211 ENGINEERING ASSOICATES 1220 OLD ALPHARETTA RD, SUITE 380 ALPHARETTA, GA 30005 A. Package submitted by the deadline Pass/Fail PASS PASS PASS PASS PASS PASS B. Package is complete (includes requested information as required per this solicitation) Pass/Fail PASS PASS PASS PASS PASS PASS C. Overall Quality of RFP (concise and to-the-point) 50 37.5 43.4 45.5 41.9 30.4 45.7 1. Qualifications of company (company profile) 100 82.2 85.2 92.4 85.6 74.3 92.8 2. Financial Responsibility 100 80.0 86.3 94.0 88.8 79.3 94.2 3. Project Management 95 81.2 82.2 90.3 83.1 68.5 90.4 4. Key Personnel & Staff 90 76.8 79.9 86.9 81.9 67.4 86.9 5. Organizational Qualifications 75 67.0 66.1 74.2 67.8 58.1 71.8 6.Optional Interview (Potential bonus Points) 10 0.0 5.9 9.8 7.5 0.0 8.6 D. TOTAL 470 387.1 403.3 443.9 411.9 347.4 441.4 1. Ability to address statement of scope 80 67.3 69.4 77.3 69.1 59.8 77.3 2. Ability to coordinate stated issues with the State of Georgia 40 26.3 32.5 34.9 33.5 23.1 39.0 3. Ability to coordinate stated issues with Palmetto 800 30 19.0 24.2 24.8 23.5 16.9 30.6 4. Demonstrated ability to perform projects of equal size and complexity 30 23.5 24.8 27.5 26.3 20.4 28.8 5. Customer satisfaction for projects of equal size and complexity 20 16.3 17.5 18.8 17.5 16.3 20.4 E. TOTAL 200 152.3 168.4 183.3 169.8 136.4 196.1 Evaluation Meeting - RFP Item #16-200 Land Mobile Radio Consulting Services for Augusta, Georgia - Information Technology Department RFP Due: Thursday, August 11, 2016 @ 10:00 a.m. Vendors Scope of Services (Total Points 200) Proposer’s Overall Ability to Provide the Services (Total Points 470) Quality of RFP A. Package submitted by the deadline (MUST PASS FOR CONTINUED CONSIDERATION) Second Round Elimination (Total Points 50) (MUST ACHIEVE 35 POINTS FOR CONTINUED CONSIDERATION) Submittal and Quality of RFP D. Narrative E. Scope of Services 1 AECOM ONE MIDTOWN PLAZA, 1360 PEACHTREE STREET, NE ATLANTA, GA 30309 OMNICOM 2927 HABERSHAM DR. TALLAHASSEE, FL 32309 FEDERAL ENGINEERING 10600 ARROWHEAD DR., SUITE 160 FAIRFAX, VA 22030 TUSA CONSULTING SERVICES 75757 HIGHWAY 1082 COVINGTON, LA 70435 BLACK AND VEATCH 6800 W 115TH STREET, SUITE 2292 OVERLAND PARK, KS 66211 ENGINEERING ASSOICATES 1220 OLD ALPHARETTA RD, SUITE 380 ALPHARETTA, GA 30005 Evaluation Meeting - RFP Item #16-200 Land Mobile Radio Consulting Services for Augusta, Georgia - Information Technology Department RFP Due: Thursday, August 11, 2016 @ 10:00 a.m. Vendors A. Package submitted by the deadline Within Richmond County 10 0 0 0 0 0 0 Within CSRA 8 0 0 0 0 0 0 Within Georgia 6 6 0 0 0 0 6 Within SE United States (includes AL, TN, NC, SC, FL) 4 0 4 0 0 0 0  All Others 2 0 0 2 2 2 0 TOTAL 10 6 4 2 2 2 6  Lowest 10 10  Second 8 8  Third 6 6  Fourth 4 4  Fifth 2 TOTAL 10 0 8 4 6 0 10 H. References 10 6.375 7.25 9.75 6.875 4.875 8.5 Total (Total Possible Score 750) Total 750 589.3 634.4 688.4 638.5 521.1 707.7 Procurement Department Completion Date: 8/24/2016 G. Cost/Fee Proposal (Enclose in a separate sealed envelope) Reference(s) (Total Points 10 Cost/Fee Consideration (Total Points 10) Proximity to Area (Total Points 10) Note: Respondent/Offeror(s) receiving 600 or more points will be invited to do presentations to provide additional information if deemed necessary. Internal Use Only F. Proximity to Area Evaluator: Cumulative - Presentations and Fee Evaluation Date: 8/24/2016 Procurement DepartmentRepresentative: Nancy Williams 2 I N FORMATION TECH NOLOGY Tameka Allen Director Michael F.Blarchard Assistant Director Gary Hewett Assistant Director COPY To: Ms, Geri Sams, Director, Procurement Fromt Ms. Tameka Allen, Director, lnformation T Datel August 2.6,2016 Re: Bid ltem #16-200,LandMobile Radio Consulting Services The Radio Project Committee has reviewed the vendor resPonses for Bid ltem #16-200, Land Mobile Radio Consulting Services andfoand that Engineering Associates, lnc, was tlre best responsive bidder, The Committee would like to request thatProcarement contac.tlre vendor to schedule a discussion to proceed with contract negotiations with Engineering Associates. Ityouhave any questions, please do nothesitateto contactme at821'2522. Thankyou for yoar assistance in this process, Cc: Ms. Phyllis Johnson, Procurement _/ Ms. Nanqy Williams, Procurem ent r' Mr. Gary Hewett, lnformation Technologr lnformation TechnologY $STelfair Stree( Bldg' 2OOO Augusta, GA 10901 (706) D]-2522 - FF,x (706) 821-2530 www,Augustaca.gov Commission Meeting Agenda 10/18/2016 2:00 PM Vendor Award - RFQ Item #16-198 Architectural Design Services for Fire Department Fire Stations and EOC/Training Center Department:Fire Department:Fire Caption:Motion to approve the award of RFQ Item #16-198 Architectural Design Services to Johnson Laschober & Associates. and authorize the Mayor to execute the appropriate documents. (Approved by Public Safety Committee October 11, 2016) . Background:The Augusta Fire Department, through the Augusta Procurement Department RFQ process, requested proposals for Architectural Design Services to build three fire stations and an EOC/Training Center. Two of the Fire Stations will replace and relocate Fire Station 2, currently located at 1445 Walton Way, and Fire Station 3, currently located at 1099 Reynolds Street. The third fire station will be a new Fire Station #20. The EOC/Training Center will be located on the property directly adjacent to the Fire Administration Building located at 3117 Deans Bridge Rd. The third fire station will be a new Fire Station #20. The EOC/Training Center will be located on the property directly adjacent to the Fire Administration Building located at 3117 Deans Bridge Rd. Analysis:After careful review and scoring of the proposals submitted to the Procurement Department in response to RFQ Item #16-198 Architectural Design Services, Johnson, Laschober & Associates received the highest overall score. Financial Impact:Contractor compensation shall be a fixed rate of 6.1% of the total cost of the project, but shall not exceed $402,600 as compensation for the services which have been authorized by Augusta and provided the work required by the contract is satisfactorily completed. Alternatives:None at this time.Cover Memo Recommendation:To approve the award RFQ Item #16-198 Architectural Design Services to Johnson Laschober & Associates. and authorize the Mayor to execute the appropriate documents. Funds are Available in the Following Accounts: SPLOST VII Funds REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Page 1 of 14 ARCHITECTURAL DESIGN SERVICES CONTRACT BETWEEN AUGUSTA, GEORGIA AND CONSULTANT This Architectural Services Contract, hereinafter referred to as ("Contract”) is made and entered into by and between Augusta, Georgia, a political subdivision of the State of Georgia, by and through its Board of Commissioners, whose address is 535 Telfair Street, Augusta, Ga. 30901, hereinafter referred to as "Augusta", and Johnson, Laschober & Associates, P.C. whose address is 1296 Broad Street, P. O. Box 2103, Augusta, Ga. 30903, hereinafter referred to as "Consultant". WHEREAS, Augusta desires to engage a qualified and experienced architectural consulting firm to furnish architectural design services for the construction of fire stations for the Augusta Fire Department, hereinafter referred to as “AFD”. Augusta issued a Request for Qualifications # 16-198, hereinafter referred to as “RFQ #16-198” to secure a selection of qualified architects; and WHEREAS, the Consultant responded to RFQ# 16-198 and has represented to Augusta that it is experienced and qualified to provide the services contained therein; and WHEREAS, Augusta has relied upon such representation and selected Consultant as the most qualified respondent based on its submittal. NOW, THEREFORE, in consideration of the foregoing, the provisions contained herein and the mutual benefits to be derived here from, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Consultant and Augusta agree as follows: 1) Project Understanding. Consultant shall review with Augusta its understanding of the Project and develop an Agreement based on the required work consistent with this Contract and the American Institute of Architect standards. The Agreement will be attached as “Exhibit A- AIA Agreement” and is incorporated herein by reference thereto. Upon request from the Consultant, Augusta will provide criteria and full information as to Augusta’s and Consultant’s requirements for this part of the project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expendability, and any budgetary limitations. Consultant may request from Augusta to furnish data, reports, surveys, and other materials that may be relied upon in performing Consultant’s services. 2) Scope of Work. Consultant will procure the services of licensed professionals and will be responsible for all basic engineering disciplines, to include but not limited to surveying, mechanical, electrical, plumbing, fire protection, landscape architecture, civil engineering, structural engineering, cost estimations to include reasonable contingencies that meet the project requirements, and provide oversite of construction for the Project as set out in the Scope of Work section of “Exhibit A” and other relevant data defining the Project. The Project Page 2 of 14 consists of the construction of Fire Stations 2, 3, and 20, to include specified spaces detailed in RFQ 16-198. The scope of the individual projects will vary and be defined by the AFD’s project manager. Consultant shall advise Augusta of additional data or services which are not part of Consultant’s services, if any, necessary for design to begin. 3) Term. This Contract shall commence as of the date executed by Augusta, Georgia (“Commencement Date”) and shall have an initial term of two (2) years. This Contract shall automatically extend for three (3) separate one (1) year terms unless either party provides notice of termination at least ninety (90) days prior to the end of the then current term. This Contract shall: (i) terminate absolutely and without further obligation on the part of Augusta each and every December 31 at 11:59pm, as required by O.C.G.A. §36-60-13, as amended, unless sooner terminated in accordance with the termination provisions of this Contract; (ii) automatically renew on each January 1 at 12:00am, unless terminated in accordance with the termination provisions of this Contract; and (iii) terminate absolutely, with no further renewals, five (5) years from the Commencement Date. 4) Fees and Expenses: In consideration of Consultant performing its obligations pursuant to this Contract, compensation shall a fixed rate of 6.1% of the total cost of the Project, but shall not exceed four hundred two thousand, six hundred dollars ($402,600.00) as total compensation for the services which have been authorized by Augusta and provided the work required by the Contract is satisfactorily completed, except for payments, if any, made under subparagraph 3A below. Payments will be made based on the following fee schedule, conditioned on proper invoices have been submitted by Consultant in a timely manner as required by this Contract: Schematic Design Phase Ten Percent 10% Design Development Phase Ten Percent 10% Construction Documents Phase Forty Percent 40% Bidding or Negotiation Phase Ten Percent 10% Construction Phase Twenty-Five Percent 25% Project Completion* Five Percent 5% Total Basic Compensation One Hundred Percent 100% *This percentage will be due once the Augusta receives the Certificate of Occupancy for the Project A) Additional Services: Augusta shall have the right to select the following additional services at the amount specified herein: Civil Engineering (4.1.7) $15,000 per site Landscape Design (4.1.8) $ 4,000 per site Interior Design $ 5,000 per site plus FFE bid package (4.1.9 & 4.1.27) As-Designed Record Drawings (4.1.14) $ 1,500 per site As-Constructed Record Drawings (4.1.15) $ 3,000 per site (less 35% if 4.1.14 also selected) Page 3 of 14 Except as noted above, when Augusta authorizes the Consultant to proceed with the work as specified in “Exhibit A” as “Additional Services”, Augusta agrees to pay the Consultant for work completed, on the basis of the standard billing rates shown for those principals and employees engaged directly on the work. Compensation for services shall be invoiced based on the sum of all actual costs incurred in the performance of the work, including all direct payroll, overall and profit cost not-to-exceed the compensation set forth in the terms of the Contract or any authorized Change Order. All invoices submitted by the Consultant shall be detailed to reflect incurred expenses, labor hours, and costs by authorized Change Orders. Changes that involve an increase in the compensation shall be considered major, and require the approval of Augusta. 5) Deletions: Augusta may delete service requirements of this contract in writing. Such changes shall be negotiated on the basis of a prorated price consistent with the original negotiated price. If reductions in the required services are ordered by Augusta, the credits shall be the amounts for such services as described in subsequently executed Amendments to the Contract, and no claim for damages for anticipated profits shall accrue to the Consultant. 6) Invoicing/Payment. The Consultant may submit to Augusta a monthly invoice, in a form acceptable to Augusta, accompanied by all supporting documentation requested by Augusta, for payment for the services which were completed during the billing period. Augusta shall review said invoices for approval. Augusta shall have the right to reject payment of any invoice or part thereof if not properly supported, or if the costs requested or a part thereof, as determined solely by Augusta, are unreasonably in excess of the actual phase of completion of each phase. Augusta shall pay each such invoice or portion thereof, as approved, provided that the approval or payment of any such invoice shall not be considered evidence of performance by the Consultant to the point indicated by such invoice, or of receipt of acceptance by Augusta of the service covered by such invoice. Augusta shall pay any undisputed items contained in such invoices within thirty (30) days. Augusta may retain funds until completion and acceptance of work and no interests shall be due to the Consultant, on any sum held as retainage pursuant to this contract. Notwithstanding anything in the Bid or Consultant’s proposal, August a shall have the right to withhold or deduct payments in the event of consultant’s non-performance. Each invoice shall be accompanied by a letter progress report describing the total work accomplished for each phase and any problems that have been encountered which may inhibit execution of the work. The Consultant shall also submit an accurate updated schedule and an itemized description of the percentage of total work completed for each phase during the billing period. Overtime may be performed at the discretion of the Consultant, but the premium time portion of the overtime will not be billed to Augusta, unless the Consultant has requested and Augusta has approved, acceleration of the scheduled work in writing. Monthly invoices shall be directed to the Augusta Fire Chief identifying this Contract and the amount payable with required supporting documentation. 7) Prompt Payment Act. The terms of this agreement supersede any and all provisions of the Georgia Prompt Pay Act. 8) Defective Pricing. To the extent that the pricing provided by Consultant is erroneous and Page 4 of 14 defective the parties, may by agreement, correct pricing errors to reflect the intent of the parties. 9) Qualifications, Licenses, Permits. Consultant represents and warrants that it has all licenses and permits necessary to conduct its business and perform its obligations, and agrees to comply with all applicable federal, state, and local statue regulations, codes, ordinances, and policies in performing its obligations under this Contract. Consultant will ensure any services of licensed professionals procured by Consultant for all basic engineering disciplines, including but not limited to mechanical, electrical, plumbing, fire protection, landscape architecture, civil engineering and structural engineering will also have all licenses and permits necessary for them to conduct business or perform services as required by this Contract. 10) Professional Standards. The standard of care for all services performed or furnished by Consult pursuant to this Contract will be the level of care and degree of skill and diligence normally employed by professional Architect’s or Consultant’s profession, compliant with American Institute of Architects’ (AIA) Standards, under similar conditions and other professional services secured by Consultant. Consultant will re-preform any services not meeting this standard without additional compensation. 11) Consultant/ Augusta Coordination. Augusta will provide Consultant all data in Augusta’s possession relating to Consultant’s services on the Project. Consultant will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by Augusta. Consultant and all relevant parties agree to work together on the basis of trust, good faith and fair dealing, and shall take actions reasonably necessary to fulfill the obligations pursuant to this Contract. Consultant agrees to attend Commission Committee or Full Commission meetings as requested by AFD to keep the Commissioners informed of the project status and scope. 12) Coordination and Cooperation with Other Utilities and Consultants. The Consultant shall cooperate fully with all municipalities, local government officials, utility companies, and other consultants as directed by Augusta. Consultant shall thoroughly research all utility records to identify the existing facilities on the submitted roadway plans for avoidance, or resolution of conflicts with the proposed Scope of Work. If Augusta undertakes or awards other contracts for additional related work, the Consultant shall fully cooperate with such other Consultants and Augusta employees or appointed committee(s), and carefully fit its own work to such additional work as may be directed by Augusta. The Consultant shall not commit or permit any act which will interfere with the performance of work by any other Consultant or by Augusta employees. 13) Projected Progress. Consultant’s services and compensation under this Contract have been agreed to in anticipation of the orderly and continuous progress of the Project through completion. 14) Liquidated Damages. Consultant agrees to pay liquidated damages to Augusta the sum of Page 5 of 14 $100.00 for each consecutive calendar day after expiration of the Contract Time or Completion Time, provided that the delay is through no fault of Architect or extensions of time have been authorized by Augusta. The parties agree that these provisions for liquidated damages are not intended to operate as penalties for breach of Contract. The liquidated damages set forth above are not intended to compensate Augusta for any damages other than inconvenience and loss of use or delay in services. The existence or recovery of such liquidated damages shall not preclude Augusta from recovering other damages in addition to the payments made hereunder, which Augusta can document as being attributable to the Consultant failures. In addition to other costs that may be recouped, Augusta may include costs of personnel and assets used to coordinate, inspect, and re-inspect items within this Contract as well as attorney fees if applicable. 15) Temporary Suspension or Delay of Performance of Contract. To the extent that it does not alter the scope of this Contract, Augusta may unilaterally order a temporary stopping of the work, or delaying of the work to be performed by Consultant under this Contract. 16) Specified Excuses for Delay. Neither Augusta nor Consultant shall be liable for any delay in the performance of this Contract nor for any other breach, for any loss or damage arising from uncontrollable forces such as: fire, theft, storm, war, or another major force that could not have been reasonably avoided by the exercise of due diligence. 17) Acknowledgement. Consultant acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may require or may have required the legislative authorization of the Board of Commissioners and approval of the Mayor. Under Georgia law, Consultant is deemed to possess knowledge concerning Augusta's ability to assume contractual obligations and the consequences of Consultants' provision of goods or services to Augusta under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that 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 under a contract that has not received proper legislative authorization or if Consultant provides goods or services to Augusta in excess of the any contractually authorized goods or services, as required by Augusta's Charter and Code, Augusta, 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, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, however characterized, including, without limitation, all remedies at law or equity. 18) Review of Work. Authorized representatives of Augusta may at all reasonable times review and inspect the project activities and data collected under this Contract and amendments thereto. All reports, drawings, studies, specifications, estimates, maps and computation prepared by or for Augusta in association with this Contract shall be subject to review. Augusta may at any time request progress reports, prints or copies of any work performed under this Contract. Refusal by the Consultant to submit progress reports and/or plans shall be cause to withhold payment to the Consultant until the Consultant complies with Augusta’s request in this regard. Augusta will be permitted to examine Consultant’s studies, reports, Page 6 of 14 sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as Augusta deems appropriate; and render in writing decisions required by Augusta in a timely manner. Augusta’s review recommendations shall be incorporated into the plan by the Consultant. 19) Accuracy of Work The Consultant shall be responsible for the accuracy of the work and shall promptly correct errors and omissions in its plans and specifications without additional compensation. The Consultant shall give immediate attention to these changes so there will be minimum delay to others. Acceptance of the work by Augusta will not relieve the Consultant of the responsibility for subsequent correction of any errors and the clarification of any ambiguities. 20) Prompt Notice. Augusta will give prompt written notice to Consultant whenever Augusta observes or becomes aware of any development that affects the scope or timing of Consultant’s services, or of any defect in the work of Consultant or construction contractors. 21) Personnel, No Conflict. The Consultant represents that it has secured or will secure, at its own expense, all personnel necessary to complete this Contract; none of whom shall be employees of, or have any contractual relationship with Augusta, to include officers or government official, without permission of Augusta. Consultant is responsible for the payment of all employee’s salaries, and for all other expenses included in connection with the performance of the duties and responsibilities established herein, except as otherwise provided. All of the services required hereunder will be performed by the Consultant under its supervision, and all personnel engaged in the work shall be qualified and shall be authorized or permitted under law to perform such services. All key professional personnel, including subcontractors, engaged in performing services for the Consultant under this Contract are indicated in a personnel listing attached hereto as Exhibit “B” – Listing of Key Personnel and incorporate herein by reference. No changes or substitutions shall be permitted in the Consultant’s Key Personnel without the prior written approval of Augusta or its designee. The Consultant shall employ only persons duly registered in the appropriate category and responsible charge of supervision and design of the work. The Consultant shall endorse all reports, contract plans, and survey data that is produced by the employ of the Consultant and will be responsible for the work prescribed by the Contract. Consultant covenants that it presently has no interest, nor shall acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance required under this Contract. Consultant further covenants that in the performance of this Contract, no person having any such interest shall be employed or contracted with. No member, officer, or employee of Augusta during his tenure or for one year thereafter, shall have any interest, direct or indirect, in this Contract or the proceeds thereof. 22) Prohibition Against Contingent Fees. The Consultant warrants that no person or selling agency has been employed or retained to solicit or secure this Contract 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 Page 7 of 14 non-Augusta fee related to this Contract without the prior written consent of Augusta. For breach or violation of this warranty, Augusta shall have the right to annul this Contract without liability or at its discretion to deduct from the Contract Price, the full amount of such commission, percentage, brokerage or contingent fee. 23) Independent Consultant Relationship. The parties intend that Consultant’s relationship to Augusta in providing services hereunder shall be that of an independent Consultant. Nothing in this Contact, nor any performance hereunder is intended or shall be construed to create a partnership, joint venture or relationship of agency or employment between Augusta and Consultant. In providing services hereunder, Consultant shall represent itself to third parties as an independent Consultant to Augusta and shall not hold itself out as having any authority to obligate Augusta. Consultant shall have no authority for any complaints related to employment with Augusta, Georgia and has no authority to hire, fire, discipline or otherwise effect the terms and conditions of Augusta, Georgia employees, except as specifically set forth herein. 24) No Assignment, No Amendment, No Waiver. This Contract may not be assigned or transferred in whole or in part by operation of law or otherwise, by either party without the prior written consent of the other party and may not be amended or modified by course of conduct or otherwise, except in writing, duly executed by each of the parties. 25) Record Retention. Consultant shall maintain through the term of this Contract and for a period of three (3) years after final payment, records that indicate the date, time, and nature of the services rendered. Consultant shall make available for inspection by Augusta all records, books of account, memoranda, and other documents pertaining to Augusta, except medical records at reasonable time, upon request. 26) Open Records. Consultant acknowledge that all records relating to this Contract and the services to be provided under the contract may be a public record subject to Georgia’s Open Records Act (O.C.G.A. § 50-18-70, et, seq.). Consultant shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. 27) Record Ownership. Subject to Article 7 in Exhibit A, upon completion of this Contract term, all documents, drawings, reports, maps, data and studies prepared by the Consultant pursuant thereto shall become the property of Augusta and be delivered thereto. Articles, papers, bulletins, reports, or other materials of the plans, progress, analyses, or results and findings of the work conducted under this Contract shall not be presented publicly or published without prior approval in writing of Augusta. It is further agreed that if any information concerning the Project should be released by the Consultant without prior approval from Augusta, the release of same shall constitute grounds for termination of this Contract without indemnity to the Consultant; but should any such information be released by Augusta or by the Consultant with such prior approval, the same shall be regarded as public information and no longer subject to the restrictions of this Contract. 28) Subcontract. Page 8 of 14 a) The Consultant shall not subcontract any part of the work covered by this Contract or permit subcontracted work to be further subcontracted without the Augusta’s prior written approval of the subcontractor. All subcontracts in the amount of $5,000 or more shall include, where possible, the provisions set forth in this Contract. b) The Consultant will cause the provisions outlined below to be inserted in all subcontracts for any work covered by this Contract so that such provision will be binding upon each subcontractor, provided that the foregoing provision shall not apply to contracts or subcontracts for commercial supplies of raw materials. Said provisions are as follows: (1) the Consultant will not discriminate against any employee or applicant for employment because of race, creed, color, sex or national origin; (2) in all solicitations or advertisements for employees, qualified applicants will receive consideration for employment without regard to race, creed, color, sex or national origin. c) Salaries of any subcontractors, drafters, and technicians performing work under this Contract shall be paid unconditionally and not less often than once a month without deduction or rebate on any account except payroll deductions as are mandatory by law. The Consultant hereby promises to comply with all applicable "Anti-kickback' laws, and shall insert appropriate provisions in all subcontracts covering work under this Contract. 29) Drug free Workplace. Contractor will not engage in the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of this contract. If Contractor has more than one employee, including Contractor, Contractor shall provide for such employee(s) a drug-free workplace program, in accordance with the Georgia Drug-free Workplace Act as provided in O.C.G. A. Section 50- 24-1 et seq., throughout the duration of this Contract. 30) Non-Discrimination. During the performance of this contract, the Consultant shall comply with all federal and state non-discrimination laws, regulations and policies in the administration of this contract. In the event of the Contractor's non-compliance or refusal to comply with any non-discrimination law, regulation, or policy in the administration of this contract, this contract may be rescinded, canceled or terminated in whole or in part, and the Contractor may be declared ineligible for further contracts with Augusta. The Contractor shall, however, be given a reasonable time in which to correct any non-compliance. 31) Right to Enter. The Consultant will notify all property owners or occupants of the intent to enter properties for the purpose of accomplishing work in accordance with the practices of Augusta. The Consultant shall discuss with and receive approval from Augusta prior to sending notices of Intent to Enter Private Property. Upon request by the Consultant, Augusta will provide the necessary documents identifying the Consultant as being in the employ of Augusta for the purpose described in the Agreement. 32) Advertisements, Permits, and Access. Unless otherwise agreed to in the Scope of Services, Augusta will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights-of-way, and access necessary for Consultant’s service or Project construction. Page 9 of 14 33) Augusta’s Insurance. Augusta will maintain property insurance on all pre-existing physical facilities associated in any way with the Project. 34) Commencement of Work. Upon acceptance of the preliminary drawings, a written Notice to Proceed will be given to the Architect to proceed with Construction Documents. The effective date of services shall be defined in the Notice to Proceed. Upon acceptance of the Construction Documents, a written notice will be given to the Architect to proceed with public bid. The effective date of services shall be defined in the Notice to Proceed. 35) Consultant’s Insurance. Consultant shall at all times that this Contract is in effect, cause to be maintained in force and effect an insurance policy(s) that will ensure and indemnify Augusta against liability or financial loss resulting from injuries occurring to persons or property or occurring as a result of any negligent error, act, or omission of the Consultant in performance of the work during the term of this Contract. Consultant shall provide, at all times that this Contract is in effect, insurance with limits of not less than: a) Workmen's Compensation Insurance in accordance with the State of Georgia; b) Public Liability Insurance in an amount of not less than One Million ($1.000,000) Dollars for injuries, including those resulting in death to any one person, and in an amount of not less than One Million ($1,000,000) Dollars on account of any one occurrence; c) Property Damage Insurance in an amount of not less than One Million ($1,000,000) from damages on account of an occurrence, with an aggregate limit of One Million ($1.000,000) Dollars; and d) Professional Liability Insurance in an amount of not less than One Million ($1,000,000) Dollars or an amount that correlates to the aggregate fee on the project should it exceed $1,000,000. All policies of insurance required under this Section will provide that they may not be canceled nor the coverage materially changed without thirty (30) days prior written notice to Augusta. Augusta will be named as an additional insured with respect to Consultant’s liabilities hereunder in insurance coverage identified in items B & C. Such policies shall name Augusta as a co-insured, except for worker’s compensation and professional liability policies, and a copy of such policy or a certificate of insurance shall be filed with the director at the time of the execution of this Contract. 36) Termination for Convenience. Either party shall have the right to terminate this Contract, in part or in whole, by giving written notice to the other party of such termination, specifying the effective date thereof, at least ninety (90) days before the effective date of such termination. In such event, as described in Paragraph 27 herein, all finished or unfinished documents, data, studies, work papers and reports prepared by the Consultant under this Contract shall become the property of Augusta, and the Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents, as mutually agreed by Augusta and Consultant. 37) Termination for Cause. If through any cause, the Consultant shall fail to fulfill in a timely and proper manner its obligations under this Contract, or if the Consultant shall violate any of the covenants, agreements or stipulations of this Contract, Consultant will be given the Page 10 of 14 opportunity to commence correction of obligation within seven (7) days of written notice and diligently complete the correction thereafter. Failure to maintain the scheduled level of effort as proposed and prescribed, or deviation from the aforesaid schedule without prior approval of Augusta, shall constitute cause for termination. Augusta shall thereupon have the right to terminate this Contract by giving written notice to the Consultant of such termination, specifying the effective date thereof, at least seven (7) days before the effective date of such termination. In such event, as described in Paragraph 27 herein, all finished or unfinished documents, maps, data, studies, work papers and reports prepared by the Consultant shall become the property of Augusta, and the Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents, as mutually agreed by Augusta and Consultant. 38) Notices. All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. Notices shall be addressed as follows: AUGUSTA: CONSULTANT: Fire Chief Watson Lee Dorn, III Augusta Fire Department Johnson, Laschober & Associates, P.C. 3117 Deans Bridge Road 1296 Broad Street Augusta, Ga. 30906 Augusta, Ga. 30901 COPY TO: General Counsel Augusta Law Department 535 Telfair Street, Building 3000 Augusta, Ga. 30901 39) Responsibility for Claims and Liability. The Consultant shall be responsible for any and all damages to properties or persons caused by its employees, subcontractors, or agents, and shall hold harmless Augusta, its officers, agents and employees from all suits, claims, actions or damages of any nature whatsoever to the extent found to be resulting from the Consultant, its subcontracts, or agent in the negligent performance or non-performance of work under this Contract These indemnities shall not be limited by reason of the listing of any insurance coverage. 40) Assignability The Consultant shall not assign or transfer whether by an assignment or novation, any of its rights, obligations, benefits, liabilities or other interest under this Agreement without the written consent of Augusta. 41) Severability. If any provision in this Contract or any provision of any document incorporated by reference, shall be held invalid, such invalidity shall not affect other provisions of this Contact which can be given effect without the invalid provision and to this end the provisions of this Contract are declared severable and the remaining provisions are in full force and effect. 42) Indemnification. Consultant shall indemnify, hold harmless, protect and defend Augusta and its Commissioners, elected officials, trustees, officers, employees, agents, and representatives (the "Indemnified Parties”) for, from, and against any and all demands, claims, suits, damages, Page 11 of 14 losses, liabilities, costs and expenses, including, but not limited to, court costs and attorneys' fees (the ''Indemnified Matters"), of any nature whatsoever (including, but not limited to, damage to or loss of property, bodily injury or death), directly or indirectly arising out of or in connection with the performance of Consultant's obligations under this Contract. Consultant's indemnification obligations under this Paragraph shall apply whether the Indemnified Matters are due in part to the concurrent fault or negligence of the Indemnified Parties or others, but shall not extend to such concurrent fault or negligence. Consultant's defense obligations under this Paragraph shall be with attorneys approved by Augusta, which approval shall not be unreasonably withheld. Augusta shall indemnify, hold harmless, protect and defend Consultant and its officers, employees, agents, and representatives for, from, and against any and all demands, claims, suits, damages, losses, liabilities, costs and expenses, including, but not limited to, court costs and attorneys' fees (the ''Indemnified Matters"), of any nature whatsoever (including, but not limited to, damage to or loss of property, bodily injury or death), directly arising out of or in connection with negligent performance of Augusta's obligations under this Contract. Augusta's defense obligations under this Section may be satisfied by Augusta’s Law Department attorneys or may be outsourced at Augusta’s discretion. In the event that Augusta outsources the defense obligations herein, such attorneys shall be with attorneys approved by Consultant, which approval shall not be unreasonably withheld. 43) Litigation. Nothing in this Contract shall be construed as obligating the Consultant to appear, support, prepare, document, bring, defend or assist in litigation either undertaken or defended on behalf of Augusta except in consideration of compensation. All such services required or requested of Consultant by Augusta, except suits or claims between the parties to this Contract, will be reimbursed as additional services 44) Bindings. It is agreed that Augusta and Consultant each binds itself and themselves, is or their successors, executors, administrators and assigns to the other party to this Contract and to its or their successors, executors and assigns in respect to all covenants of this Contract. Except as above, neither Augusta nor the Consultant shall assign, sublet or transfer its or their interest in this Contract without prior written consent of the other party hereto. 45) Extent of the Contract. This Contract with all attachments, represents the entire agreement between Augusta and Consultant and supersedes all prior negotiations, representations and agreements, either written or oral. 46) Contract Documents. RFQ 16-198, this Contract, Exhibits and any Supplemental Amendments, including Task Orders shall constitute the Contract Documents. 47) Conflict and Precedence. The Contract Documents are complementary, and what is called for by one is as binding as if called for by all. In the event there are any conflicting provisions or requirements in the component parts of this Contract, the several Contract Documents shall take precedence in the following order: RFQ Contract – Including Exhibits and Attachments Page 12 of 14 General Conditions Supplemental Conditions – Including Task Orders 48) Jurisdiction. The law of the State of Georgia shall govern the Contract between Augusta and Consultant with regard to its interpretation and performance, and any other claims related to this agreement. All claims, disputes and other matters in question between Augusta and Consultant arising out of or relating to the Contract or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The Consultant, by executing this Contract, specifically consents to jurisdiction and venue in Richmond County and waives any right to contest the jurisdiction and venue in the Superior Court of Richmond County, Georgia. 49) Equal Employment Opportunity During the performance of the Contract the Consultant agrees as follows: (1) the Consultant will not discriminate against any employee or applicant for employment because of race, creed, color, sex or national origin; (2) the Consultant will, in all solicitations or advertisements for employees placed by qualified applicants, receive consideration for employment without regard to race, creed, color, sex or national origin; (3) the Consultant will cause that foregoing provisions to be inserted in all subcontracts for any work covered by this Contract so that such provision will be binding upon each subcontractor, provided that the foregoing provision shall not apply to contracts or subcontracts for standard commercial supplies of raw materials. 50) Audits and Inspectors. At any time during normal business hours and as often as Augusta may deem necessary, the Consultant shall make available to Augusta and/or audit representatives of Augusta for examination all of its records with respect to all matters covered by this Contract. It shall also permit Augusta and/or representatives of the audit, examine and make copies, excerpts or transcripts from such records of personnel, conditions or employment and other data relating to all matters covered by this Contracts. The Consultant shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred on the Project and used in support of its proposal and shall make such material available at all reasonable times during the period of the Contract and for three years from the date of final payment under the Contract, for inspection by Augusta or any reviewing agencies, and copies thereof shall be furnished upon request at cost plus 10%. The Consultant agrees that the provisions of this Article shall be included in any contract or agreement it may make with any subcontractor, assignee, or transferee. 51) Local Small Business Reporting. In accordance with Chapter 10B of the AUGUSTA, GA. CODE, Consultant agrees to collect and maintain all records necessary to evaluate the effectiveness of its Local Small Business Opportunity Program and to make such records available to Augusta. 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), the Consultant is required to provide local small business utilization reports. Consultant shall report to Augusta 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. Such documents shall be in the format specified by the Coordinator of Minority and Small Business Opportunities, and shall be submitted at such times as required by Augusta. Failure to provide such reports within the time period specified Page 13 of 14 by Augusta shall entitle Augusta to exercise any of the remedies set forth, including but not limited to, withholding payment. 52) E-Verify. All contractors and subcontractors entering into contracts with Augusta, Georgia for the physical performance of services shall be required to execute an Affidavit verifying its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with Augusta, Georgia has registered with and is participating in a federal work authorization program. All contractors and subcontractors must provide their E-Verify number and must be in compliance with the electronic verification of work authorized programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, in accordance with the applicability provisions and deadlines established in O.C.G.A. S 1310-91 and shall continue to use the federal authorization program throughout the contract term. All contractors shall further agree that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to its contract with Augusta, Georgia, Consultant will secure from such subcontractor(s) each subcontractor's E- Verify number as evidence of verification of compliance with O.C.G.A. § 13-10-91 on the subcontractor affidavit provided in Rule 300-10-01-.08 or a substantially similar form. All contractors shall further agree to maintain records of such compliance and provide a copy of each such verification to Augusta, Georgia at the time the subcontractor(s) is retained to perform such physical services. 53) Counterparts. The Contract Documents are complementary, and what is called for by one is as binding as if called for by all. Hardie Davis, Jr. Watson Lee Dorn, III AS ITS: MAYOR AS ITS: ATTEST CLERK: ATTEST: Lena Bonner PRINTED NAME: AS ITS: CLERK OF COMMISSION DATE: DATE: AIA® Document B101TM – 2007 Standard Form of Agreement Between Owner and Architect AIA Document B101™ – 2007 (formerly B151™ – 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:28:37 on 09/15/2016 under Order No.0746862514_1 which expires on 04/04/2017, and is not for resale. User Notes: (1363887974) 1 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. ELECTRONIC COPYING of any portion of this AIA® Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document. AGREEMENT made as of the « » day of « » in the year « » (In words, indicate day, month and year.) BETWEEN the Architect’s client identified as the Owner: (Name, legal status, address and other information) « »« » « » « » « » and the Architect: (Name, legal status, address and other information) « »« » « » « » « » for the following Project: (Name, location and detailed description) «Augusta Fire Stations» « » « » The Owner and Architect agree as follows. Exhibit A AIA Document B101™ – 2007 (formerly B151™ – 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:28:37 on 09/15/2016 under Order No.0746862514_1 which expires on 04/04/2017, and is not for resale. User Notes: (1363887974) 2 TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT’S RESPONSIBILITIES 3 SCOPE OF ARCHITECT’S BASIC SERVICES 4 ADDITIONAL SERVICES 5 OWNER’S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT EXHIBIT A INITIAL INFORMATION ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is supplemental to the Information set forth in the Architectural Design Services Contract Between Augusta, Georgia and Consultant. The scope of work is defined in Paragraph 2 of that document as it relates to the design of three (3) new Fire Stations for the City of Augusta. These Stations are identified as Station #2, #3 and #20. § 1.2 The Owner’s anticipated dates for commencement of construction and Substantial Completion of the Work are set forth below: .1 Commencement of construction date: «TBD » .2 Substantial Completion date: «TBD » § 1.3 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that such information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the schedule to reflect those changes. ARTICLE 2 ARCHITECT’S RESPONSIBILITIES § 2.1 The Architect shall provide the professional services as set forth in this Agreement. § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall AIA Document B101™ – 2007 (formerly B151™ – 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:28:37 on 09/15/2016 under Order No.0746862514_1 which expires on 04/04/2017, and is not for resale. User Notes: (1363887974) 3 perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. § 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. ARTICLE 3 SCOPE OF ARCHITECT’S BASIC SERVICES § 3.1 The Architect’s Basic Services consist of those described in Article 3 and agreed to by Augusta Georgia and include usual and customary architectural, structural, mechanical (HVAC), plumbing, fire protection, electrical engineering services, civil engineering, landscape architecture, interior design and cost estimating. Services not set forth in this Article 3 are Additional Services. § 3.1.1 The Architect shall manage the Architect’s services, consult with the Owner, research applicable design criteria, attend Project meetings, communicate with members of the Project team and report progress to the Owner. § 3.1.2 The Architect shall coordinate its services with those services provided by the Owner and the Owner’s consultants. The Architect shall be entitled to rely on the accuracy and completeness of services and information furnished by the Owner and the Owner’s consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission or inconsistency in such services or information. § 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit for the Owner’s approval a schedule for the performance of the Architect’s services. The schedule initially shall include anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information. The schedule shall include allowances for periods of time required for the Owner’s review, for the performance of the Owner’s consultants, and for approval of submissions by authorities having jurisdiction over the Project. Once approved by the Owner, time limits established by the schedule shall not, except for reasonable cause, be exceeded by the Architect or Owner. With the Owner’s approval, the Architect shall adjust the schedule, if necessary, as the Project proceeds until the commencement of construction. § 3.1.4 The Architect shall not be responsible for an Owner’s directive or substitution made without the Architect’s approval. § 3.2 SCHEMATIC DESIGN PHASE SERVICES § 3.2.1 The Architect shall review the program and other information furnished by the Owner, and shall review laws, codes, and regulations applicable to the Architect’s services. § 3.2.2 The Architect shall prepare a preliminary evaluation of the Owner’s program, schedule, budget for the Cost of the Work, Project site, and the proposed procurement or delivery method and other Initial Information, each in terms of the other, to ascertain the requirements of the Project. The Architect shall notify the Owner of (1) any inconsistencies discovered in the information, and (2) other information or consulting services that may be reasonably needed for the Project. § 3.2.3 The Architect shall present its preliminary evaluation to the Owner and shall discuss with the Owner alternative approaches to design and construction of the Project. The Architect shall reach an understanding with the Owner regarding the requirements of the Project. § 3.2.4 Based on the Project’s requirements agreed upon with the Owner, the Architect shall prepare and present for the Owner’s approval a preliminary design illustrating the scale and relationship of the Project components. § 3.2.5 Based on the Owner’s approval of the preliminary design, the Architect shall prepare Schematic Design Documents for the Owner’s approval. The Schematic Design Documents shall consist of drawings and other documents including a site plan, if appropriate, and preliminary building plans and elevations; and may include some combination of sketches or digital modeling. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. AIA Document B101™ – 2007 (formerly B151™ – 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:28:37 on 09/15/2016 under Order No.0746862514_1 which expires on 04/04/2017, and is not for resale. User Notes: (1363887974) 4 § 3.2.5.1 The Architect shall consider the value of alternative materials, building systems and equipment, together with other considerations based on program and aesthetics, in developing a design for the Project that is consistent with the Owner’s program, schedule and budget for the Cost of the Work. § 3.2.6 The Architect shall submit to the Owner a professional estimate of the Probable Cost of the Work prepared in accordance with Section 6.3. § 3.2.7 The Architect shall submit the Schematic Design Documents to the Owner, and request the Owner’s approval in writing. § 3.3 DESIGN DEVELOPMENT PHASE SERVICES § 3.3.1 Based on the Owner’s approval of the Schematic Design Documents, and on the Owner’s authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Design Development Documents for the Owner’s approval. The Design Development Documents shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, and such other elements as may be appropriate. The Design Development Documents shall also include outline specifications that identify major materials and systems and establish in general their quality levels. § 3.3.2 The Architect’s professional cost estimator shall update the estimate of Probable Cost of the Work. § 3.3.3 The Architect shall submit the Design Development Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, and request the Owner’s approval in writing. § 3.4 CONSTRUCTION DOCUMENTS PHASE SERVICES § 3.4.1 Based on the Owner’s approval of the Design Development Documents, and on the Owner’s authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Construction Documents for the Owner’s approval. The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels of materials and systems and other requirements for the construction of the Work. The Owner and Architect acknowledge that in order to construct the Work the Contractor will provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals, which the Architect shall review in accordance with Section 3.6.4. § 3.4.2 The Architect shall incorporate into the Construction Documents the design requirements of governmental authorities having jurisdiction over the Project. § 3.4.3 During the development of the Construction Documents, the Architect shall assist the Owner in the development and preparation of (1) bidding and procurement information that describes the time, place and conditions of bidding, including bidding or proposal forms; (2) the form of agreement between the Owner and Contractor; and (3) the Conditions of the Contract for Construction (General, Supplementary and other Conditions). The Architect shall also compile a project manual that includes the Conditions of the Contract for Construction and Specifications and may include bidding requirements and sample forms. § 3.4.4 The Architect’s professional cost estimator shall update the estimate for Probable Cost of the Work at 90% completion of the Construction Documents. § 3.4.5 The Architect shall submit the Construction Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, take any action required under Section 6.5, and request the Owner’s approval. § 3.5 BIDDING OR NEGOTIATION PHASE SERVICES § 3.5.1 GENERAL The Architect shall assist the Owner in establishing a list of prospective contractors. Following the Owner’s approval of the Construction Documents, the Architect shall assist the Owner in (1) obtaining either competitive AIA Document B101™ – 2007 (formerly B151™ – 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:28:37 on 09/15/2016 under Order No.0746862514_1 which expires on 04/04/2017, and is not for resale. User Notes: (1363887974) 5 bids or negotiated proposals; (2) confirming responsiveness of bids or proposals; (3) determining the successful bid or proposal, if any; and, (4) awarding and preparing contracts for construction. § 3.5.2 COMPETITIVE BIDDING § 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents. § 3.5.2.2 The Architect shall assist the Owner in bidding the Project by .1 procuring the reproduction of Bidding Documents for distribution to prospective bidders; .2 distributing the Bidding Documents to prospective bidders, requesting their return upon completion of the bidding process, and maintaining a log of distribution and retrieval and of the amounts of deposits, if any, received from and returned to prospective bidders; .3 organizing and conducting a pre-bid conference for prospective bidders; .4 preparing responses to questions from prospective bidders and providing clarifications and interpretations of the Bidding Documents to all prospective bidders in the form of addenda; and .5 organizing and conducting the opening of the bids, and subsequently documenting and distributing the bidding results, as directed by the Owner. § 3.6 CONSTRUCTION PHASE SERVICES § 3.6.1 GENERAL § 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA Document A201™–2007, General Conditions of the Contract for Construction. If the Owner and Contractor modify AIA Document A201–2007, those modifications shall not affect the Architect’s services under this Agreement unless the Owner and the Architect amend this Agreement. § 3.6.1.2 The Architect shall advise and consult with the Owner during the Construction Phase Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible for the Contractor’s failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect’s negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. § 3.6.1.3 Subject to Section 4.3, the Architect’s responsibility to provide Construction Phase Services commences with the award of the Contract for Construction and terminates on the date the Architect issues the final Certificate for Payment. One additional site visit will be performed on the week prior to the expiration of the 1-year construction warranty period to assist the Owner in identifying any warranty issues that need to be resolved. § 3.6.2 EVALUATIONS OF THE WORK § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.3.3, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner (1) known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work. § 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. AIA Document B101™ – 2007 (formerly B151™ – 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:28:37 on 09/15/2016 under Order No.0746862514_1 which expires on 04/04/2017, and is not for resale. User Notes: (1363887974) 6 § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect’s response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The Architect’s decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. § 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A201–2007, the Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents. § 3.6.3 CERTIFICATES FOR PAYMENT TO CONTRACTOR § 3.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. The Architect’s certification for payment shall constitute a representation to the Owner, based on the Architect’s evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Contractor’s Application for Payment, that, to the best of the Architect’s knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. § 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor’s right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment. § 3.6.4 SUBMITTALS § 3.6.4.1 The Architect shall review the Contractor’s submittal schedule and shall not unreasonably delay or withhold approval. The Architect’s action in reviewing submittals shall be taken in accordance with the approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect’s professional judgment to permit adequate review. § 3.6.4.2 In accordance with the Architect-approved submittal schedule, the Architect shall review and approve or take other appropriate action upon the Contractor’s submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Contractor’s responsibility. The Architect’s review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect’s approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 3.6.4.3 If the Contract Documents specifically require the Contractor to provide professional design services or certifications by a design professional related to systems, materials or equipment, the Architect shall specify the appropriate performance and design criteria that such services must satisfy. The Architect shall review Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor that bear such professional’s seal and signature when submitted to the Architect. The Architect shall be AIA Document B101™ – 2007 (formerly B151™ – 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:28:37 on 09/15/2016 under Order No.0746862514_1 which expires on 04/04/2017, and is not for resale. User Notes: (1363887974) 7 entitled to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals performed or provided by such design professionals. § 3.6.4.4 Subject to the provisions of Section 4.3, the Architect shall review and respond to requests for information about the Contract Documents. The Architect shall set forth in the Contract Documents the requirements for requests for information. Requests for information shall include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. The Architect’s response to such requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. If appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in response to requests for information. § 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. § 3.6.5 CHANGES IN THE WORK § 3.6.5.1 The Architect may authorize minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Subject to the provisions of Section 4.3, the Architect shall prepare Change Orders and Construction Change Directives for the Owner’s approval and execution in accordance with the Contract Documents. § 3.6.5.2 The Architect shall maintain records relative to changes in the Work. § 3.6.6 PROJECT COMPLETION § 3.6.6.1 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion; receive from the Contractor and forward to the Owner, for the Owner’s review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor; and issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. § 3.6.6.2 The Architect’s inspections shall be conducted with the Owner to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. § 3.6.6.3 When the Work is found to be substantially complete, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor, including the amount to be retained from the Contract Sum, if any, for final completion or correction of the Work. § 3.6.6.4 The Architect shall forward to the Owner the following information received from the Contractor: (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment; (2) affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens; and (3) any other documentation required of the Contractor under the Contract Documents. § 3.6.6.5 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Architect shall, without additional compensation, conduct a meeting with the Owner to review the facility operations and performance. ARTICLE 4 ADDITIONAL SERVICES § 4.1 Additional Services listed below are not included in Basic Services but may be required for the Project. The Architect shall provide the listed Additional Services only if specifically designated in the table below as the Architect’s responsibility, and the Owner shall compensate the Architect as provided in Section 11.2. (Designate the Additional Services the Architect shall provide in the second column of the table below. In the third column indicate whether the service description is located in Section 4.2 or in an attached exhibit. If in an exhibit, identify the exhibit.) AIA Document B101™ – 2007 (formerly B151™ – 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:28:37 on 09/15/2016 under Order No.0746862514_1 which expires on 04/04/2017, and is not for resale. User Notes: (1363887974) 8 Additional Services Responsibility (Architect, Owner or Not Provided) Location of Service Description (Section 4.2 below or in an exhibit attached to this document and identified below) § 4.1.1 Programming (B202™–2009) ARCH INCLUDED IN BASE FEE § 4.1.2 Multiple preliminary designs NP § 4.1.3 Measured drawings NP § 4.1.4 Existing facilities surveys NP § 4.1.5 Site Evaluation and Planning (B203™–2007) ARCH INCLUDED IN BASE FEE § 4.1.6 Building Information Modeling (E202™– 2008) NP § 4.1.7 Civil engineering ARCH INCLUDED IN BASE FEE § 4.1.8 Landscape design ARCH INCLUDED IN BASE FEE § 4.1.9 Architectural Interior Design (B252™–2007) ARCH INCLUDED IN BASE FEE § 4.1.10 Value Analysis (B204™–2007) NP § 4.1.11 Detailed cost estimating ARCH INCLUDED IN BASE FEE § 4.1.12 On-site Project Representation (B207™–2008) NP § 4.1.13 Conformed construction documents NP § 4.1.14 As-Designed Record drawings ARCH INCLUDED IN BASE FEE § 4.1.15 As-Constructed Record drawings NP § 4.1.16 Post occupancy evaluation NP § 4.1.17 Facility Support Services (B210™–2007) OWNER § 4.1.18 Tenant-related services NP § 4.1.19 Coordination of Owner’s consultants ARCH INCLUDED IN BASE FEE § 4.1.20 Telecommunications/data design OWNER § 4.1.21 Security Evaluation and Planning (B206™– 2007) OWNER § 4.1.22 Commissioning (B211™–2007) NP § 4.1.23 Extensive environmentally responsible design NP § 4.1.24 LEED® Certification (B214™–2012) NP § 4.1.25 Fast-track design services NP § 4.1.26 Historic Preservation (B205™–2007) NP § 4.1.27 Furniture, Furnishings, and Equipment Design (B253™–2007) ARCH INCLUDED IN BASE FEE § 4.2 Insert a description of each Additional Service designated in Section 4.1 as the Architect’s responsibility, if not further described in an exhibit attached to this document. « Additional Services as defined during the progression of the project will be for a negotiated fee or hourly fee (see attached Rate Schedule) depending on the services requested. Surveying of three Building Sites – to be a negotiated fee once the specifics of the sites are known.» § 4.3 Additional Services may be provided after execution of this Agreement, without invalidating the Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4.3 shall entitle the Architect to compensation pursuant to Section 4.2 and an appropriate adjustment in the Architect’s schedule. § 4.3.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not proceed to provide the following services until the Architect receives the Owner’s written authorization: .1 Services necessitated by a change in the Initial Information, previous instructions or approvals given by the Owner, or a material change in the Project including, but not limited to, size, quality, complexity, the Owner’s schedule or budget for Cost of the Work, or procurement or delivery method; AIA Document B101™ – 2007 (formerly B151™ – 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:28:37 on 09/15/2016 under Order No.0746862514_1 which expires on 04/04/2017, and is not for resale. User Notes: (1363887974) 9 .2 Services necessitated by the Owner’s request for extensive environmentally responsible design alternatives, such as unique system designs, in-depth material research, energy modeling, or LEED® certification; .3 Changing or editing previously prepared Instruments of Service necessitated by the enactment or revision of codes, laws or regulations or official interpretations; .4 Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure of performance on the part of the Owner or the Owner’s consultants or contractors; .5 Preparing digital data for transmission to the Owner’s consultants and contractors, or to other Owner authorized recipients; .6 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner; .7 Preparation for, and attendance at, a public presentation, meeting or hearing; .8 Preparation for, and attendance at a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; .9 Evaluation of the qualifications of bidders or persons providing proposals; .10 Consultation concerning replacement of Work resulting from fire or other cause during construction; or .11 Assistance to the Initial Decision Maker, if other than the Architect. § 4.3.2 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional Services. When the limits below are reached, the Architect shall notify the Owner: (these limits are per Fire Station) .1 «Two » ( «2» ) reviews of each Shop Drawing, Product Data item, sample and similar submittal of the Contractor .2 «Twelve » ( «12» ) visits to the site by the Architect over the duration of the Project during construction .3 «Two » ( «2 » ) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 «Two » ( «2» ) inspections for any portion of the Work to determine final completion ARTICLE 5 OWNER’S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner’s objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. § 5.2 The Owner shall establish and periodically update the Owner’s budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1; (2) the Owner’s other costs; and, (3) reasonable contingencies related to all of these costs. If the Owner significantly increases or decreases the Owner’s budget for the Cost of the Work, the Owner shall notify the Architect. The Owner and the Architect shall thereafter agree to a corresponding change in the Project’s scope and quality. § 5.3 The Owner shall identify a representative authorized to act on the Owner’s behalf with respect to the Project. The Owner shall render decisions and approve the Architect’s submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect’s services. § 5.4 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. AIA Document B101™ – 2007 (formerly B151™ – 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:28:37 on 09/15/2016 under Order No.0746862514_1 which expires on 04/04/2017, and is not for resale. User Notes: (1363887974) 10 § 5.5 The Owner shall furnish services of geotechnical engineers, which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 5.6 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect’s request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner’s consultants. The Owner shall furnish the services of consultants other than those designated in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants maintain professional liability insurance as appropriate to the services provided. § 5.7 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 5.8 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner’s needs and interests. § 5.9 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect’s Instruments of Service. § 5.10 Except as otherwise provided in this Agreement, or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor and the Architect’s consultants through the Architect about matters arising out of or relating to the Contract Documents. The Owner shall promptly notify the Architect of any direct communications that may affect the Architect’s services. § 5.11 Before executing the Contract for Construction, the Owner shall coordinate the Architect’s duties and responsibilities set forth in the Contract for Construction with the Architect’s services set forth in this Agreement. The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor, including the General Conditions of the Contract for Construction. § 5.12 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include contractors’ general conditions costs, overhead and profit. The Cost of the Work does not include the compensation of the Architect, the costs of the land, rights-of-way, financing, contingencies for changes in the Work or other costs that are the responsibility of the Owner. § 6.2 The Owner’s budget for the Cost of the Work is provided in Initial Information, and may be adjusted throughout the Project as required under Sections 5.2, 6.4 and 6.5. Evaluations of the Owner’s budget for the Cost of the Work, the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared by the Architect’s professional estimator, represent the judgment of that estimator based on industry standards. It is recognized, however, that neither the Architect, nor the estimator, nor the Owner has control over the cost of labor, materials or equipment; the Contractor’s methods of determining bid prices; or competitive bidding, market or negotiating conditions. Accordingly, the estimator cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner’s budget for the Cost of the Work or from any estimate of the Cost of the Work or evaluation prepared or agreed to by the Architect or estimator. § 6.3 In preparing estimates of the Cost of Work, the estimator, with input from the Architect shall be permitted to include contingencies for design, bidding and price escalation; to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents; to make reasonable adjustments in the program and scope of the Project; and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the Owner’s budget for the Cost of the Work. The estimate of the AIA Document B101™ – 2007 (formerly B151™ – 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:28:37 on 09/15/2016 under Order No.0746862514_1 which expires on 04/04/2017, and is not for resale. User Notes: (1363887974) 11 Cost of the Work is intended to be used as a professional opinion of the probable cost of construction, based on the understanding of the design at the time the estimate was prepared. § 6.4 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, through no fault of the Architect, the Owner’s budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market. § 6.5 If at any time the professional estimate of probable Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Architect shall make appropriate recommendations to the Owner to adjust the Project’s size, quality or budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments. § 6.6 If the Owner’s budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Section 9.5; .4 in consultation with the Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or .5 implement any other mutually acceptable alternative. § 6.7 If the Owner chooses to proceed under Section 6.6.4, the Architect, without additional compensation, shall modify the Construction Documents as necessary to comply with the Owner’s budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 6.6.1. The Architect’s modification of the Construction Documents shall be the limit of the Architect’s responsibility under this Article 6. ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. If the Owner and Architect intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions. § 7.2 The Architect and the Architect’s consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect’s consultants. § 7.3 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to use the Architect’s Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Owner substantially performs its obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect’s consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub-subcontractors, and material or equipment suppliers, as well as the Owner’s consultants and separate contractors, to reproduce applicable portions of the Instruments of Service solely and exclusively for use in performing services or construction for the Project. If the Architect rightfully terminates this Agreement for cause, the license granted in this Section 7.3 shall terminate. § 7.3.1 In the event the Owner uses the Instruments of Service without retaining the author of the Instruments of Service, the Owner releases the Architect and Architect’s consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner’s use of the Instruments of Service under this Section 7.3.1. The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4. AIA Document B101™ – 2007 (formerly B151™ – 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:28:37 on 09/15/2016 under Order No.0746862514_1 which expires on 04/04/2017, and is not for resale. User Notes: (1363887974) 12 § 7.4 Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner’s sole risk and without liability to the Architect and the Architect’s consultants. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 GENERAL § 8.1.1 The Architect and Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination of this Agreement. § 8.2 If the parties do not resolve a dispute, the method of binding dispute resolution shall be the following: (Check the appropriate box. If the Owner and Architect do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction.) [ « » ] Arbitration pursuant to Section 8.3 of this Agreement [ «X » ] Litigation in a court of competent jurisdiction [ « » ] Other (Specify) « » ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect’s option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give seven days’ written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect’s services. The Architect’s fees for the remaining services and the time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect’s services. The Architect’s fees for the remaining services and the time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days’ written notice. § 9.4 Either party may terminate this Agreement upon not less than seven days’ written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than seven days’ written notice to the Architect for the Owner’s convenience and without cause. § 9.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due. § 9.7 The Owner’s rights to use the Architect’s Instruments of Service in the event of a termination of this Agreement are set forth in Article 7 and Section 11.9. AIA Document B101™ – 2007 (formerly B151™ – 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:28:37 on 09/15/2016 under Order No.0746862514_1 which expires on 04/04/2017, and is not for resale. User Notes: (1363887974) 13 ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located. § 10.2 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of this Agreement. § 10.3 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. § 10.4 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. § 10.5 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect’s promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect’s materials shall not include the Owner’s confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner’s promotional materials for the Project. § 10.6 If the Architect or Owner receives information specifically designated by the other party as “confidential” or “business proprietary,” the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except to (1) its employees, (2) those who need to know the content of such information in order to perform services or construction solely and exclusively for the Project, or (3) its consultants and contractors whose contracts include similar restrictions on the use of confidential information, or (4) as required by the Georgia Open Records Act. ARTICLE 11 COMPENSATION § 11.1 For the Architect’s Basic Services described under Article 3, the Owner shall compensate the Architect as outlined in the Fees and Expense portion of the Architectural Design Services Contract Between Augusta, Georgia and Consultant. § 11.2 For Additional Services designated in Section 4.1-4.3, the Owner shall compensate the Architect as follows: « Additional Services as defined during the progression of the project will be for a negotiated fee or hourly fee (see attached rate schedule) depending on the services requested. » § 11.3 Compensation for Additional Services of the Architect’s consultants when not included in Section 11.2 shall be the amount invoiced to the Architect plus «Fifteen » percent ( « 15 » %), or as otherwise stated below: « » § 11.4 When compensation is based on a percentage of the Cost of the Work and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Section 11.5 based on (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent estimate of the Cost of the Work for such portions of the Project. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. AIA Document B101™ – 2007 (formerly B151™ – 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 10:28:37 on 09/15/2016 under Order No.0746862514_1 which expires on 04/04/2017, and is not for resale. User Notes: (1363887974) 14 § 11.5.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and the Architect’s consultants directly related to the Project, as follows: .1 Transportation, travel and subsistence; .2 Long distance services, dedicated data and communication services, teleconferences, Project Web sites, and extranets; .3 Fees paid for securing approval of authorities having jurisdiction over the Project; .4 Printing, reproductions, plots, standard form documents; .5 Postage, handling and delivery; .6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .7 Renderings, models, mock-ups, professional photography, and presentation materials requested by the Owner; .8 Architect’s Consultant’s expense of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits if the Owner requests such insurance in excess of that normally carried by the Architect’s consultants; .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses; and .11 Other similar Project-related expenditures. § 11.5.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect’s consultants plus «Fifteen » percent ( «15 » %) of the expenses incurred. This Agreement entered into as of the day and year first written above. OWNER ARCHITECT (Signature) (Signature) «Chris James -»«Fire Chief » «Watson Lee Dorn, III - Project Manager/Architect (Printed name and title) (Printed name and title) Page 14 of 14 EXHIBIT B– LISTING OF KEY PERSONNEL CONSULTANT shall provide qualified personnel to perform its work. The list of key personnel below, including a designated Program Manager will not change or be reassigned without the written approval of AUGUSTA. Those personnel committed for this work are as follows: NAME & COMPANY ASSIGNED PROJECT Watson “Lee” Dorn Johnson, Laschober & Assoc. Project Manager Darren R. Prickett Johnson, Laschober & Assoc. Landscape Architect Kenneth Newell Stewart-Cooper-Newell Architects Design Consultant James R. Stumbo Stewart-Cooper-Newell Architects Principal & Consulting Architect Kevin Kotellos Johnson, Laschober & Assoc. Project Architect Charles “Joe” Johnson Johnson, Laschober & Assoc. Principal-in-Charge/Quality Control Trevor Wimberly Johnson, Laschober & Assoc. Civil Engineering Nathan Cockfield Johnson, Laschober & Assoc. Structural Engineering Curtis Williamson Johnson, Laschober & Assoc. Mechanical & Fire Protection Engineer Roger Blue Johnson, Laschober & Assoc. Electrical Engineering Request for Qualification Request for Qualifications will be received at this office until Thursday, July 7, 2016 @ 11:00 a.m. for furnishing: RFQ Item #16-198 Architectural Design Services for the Augusta Fire Department Qualifications 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 Request for Qualification (RFQ) documents may be viewed on the Augusta Georgia web site under the Procurement Department ARCbid. RFQ documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. Mandatory Pre Bid/Telephone Conference will be held on Tuesday, June 21, 2016, @ 3:00 p.m. in the Procurement Department, 535 Telfair Street, Room 605. If you choose to teleconference there is a $35.00 fee. Make the $35.00 check payable “Augusta Georgia Commission” and mail to Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 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 Thursday, June 23, 2016 @ 5:00 P.M. No RFP will be accepted by fax, all must be received by mail or hand delivered. No qualifications may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder(s). Request for qualifications (RFQ) and specifications. An RFQ 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 RFQ 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 RFQ 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 RFQ number on the outside of the envelope. Proponents are cautioned that acquisition of RFQ documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RFQ documents from unauthorized sources places the Proponent at the risk of receiving incomplete or inaccurate information upon which to base its qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov GERI A. SAMS, Procurement Director Publish: Augusta Chronicle May 26, June 2, 9, 16, 2016 Metro Courier June 1, 2016 OFFICIAL VENDORS Attachment "B"E-Verify #Addendum 1 SAVE Form Original 7 Copies Prad Group 5887 Glenridge Dr., Suite 300 Atlanta, GA 30328 Yes 140515 Yes Yes Yes Yes Johnson Laschober & Associates 1296 Broad Street Augusta, GA 30901 Yes 226309 Yes Yes Yes Yes Pond 621 NW Frontage Rd. Suite 320 Augusta, GA 30907 Yes 175046 Yes Yes Yes Yes Virgo Gambill Architects 2531 Centerwest Parkway Suite 200 Augusta, GA 30909 Yes 184039 Yes Yes Yes Yes Hussey Gay Bell 6224 Sugarloaf Pkwy Suite 150 Duluth, GA 30097 Yes 398475 Yes Yes Yes Yes Mead & Hunt, Inc. 878 South Lake Dr. Lexington, SC 29072 Yes 244747 Yes Yes Yes Yes Nicholas Dickinson & Associates 771 Broad St., Suite 200 Augusta, GA 30901 Yes 67757 Yes Yes Yes Yes Qualifications Opening RFQ Item #16-198 Architectural Design Services for Augusta, Georgia - Fire Department RFP Due: Tuesday, July 12, 2016 @ 11:00 a.m. Total Number Specifications Mailed Out: 16 Total Number Specifications Download (Demandstar): 29 Total Electronic Notifications (Demandstar): 460 Pre-Qualifications/Telephone Conference Attendees: 11 Total packages submitted: 7 Total Noncompliant: 0 Page 1 of 1 Prad Group 5887 Glenridge Dr., Suite 300 Atlanta, GA 30328 Johnson Laschober & Associates 1296 Broad Street Augusta, GA 30901 Pond 621 NW Frontage Rd. Suite 320 Augusta, GA 30907 Virgo Gambill Architects 2531 Centerwest Parkway, Suite 200 Augusta, GA 30909 Hussey Gay Bell 6224 Sugarloaf Pkwy Suite 150 Duluth, GA 30097 Mead & Hunt, Inc. 878 South Lake Dr. Lexington, SC 29072 Nicholas Dickinson & Associates 771 Broad St., Suite 200 Augusta, GA 30901 A. Package submitted by the deadline Pass/Fail Pass Pass Pass Pass Pass Pass Pass B. Package is complete (includes requested information as required per this solicitation) Pass/Fail Pass Pass Pass Pass Pass Pass Pass C.Overall Quality of RFQ (concise and to-the-point) 50 40.0 50.0 45.0 40.0 45.0 45.0 40.0 1. Respondents Experience 100 76.7 96.7 91.7 80.0 86.7 83.3 80.0 2. Financial Responsibility 100 0.0 0.0 0.0 0.0 0.0 0.0 0.0 3. Project Management 95 73.3 90.0 95.0 80.0 85.0 80.0 80.0 4. Key Personnel & Staff 90 76.7 90.0 86.7 80.0 80.0 80.0 80.0 5. Organizational Qualifications 85 85.0 85.0 85.0 85.0 85.0 85.0 85.0 6.Optional Interview (Potential bonus Points) 10 10.0 7.3 D. TOTAL 480 311.7 371.7 365.7 325.0 336.7 328.3 325.0 1. Capacity to accomplish the work in the required time 50 63.3 83.3 80.0 68.3 73.3 70.0 68.3 2. Quality and conciseness of the Work Program and Master Schedule. 45 11.7 15.0 15.0 11.7 11.7 11.7 11.7 3. Firm’s understanding of the work to be done. 50 63.3 76.7 80.0 70.0 71.7 68.3 66.7 4. Demonstrated success in prescribing the use of recovered materials and achieving waste reduction and energy efficiency in facility design. 45 63.3 75.0 71.7 68.3 66.7 66.7 66.7 5. Consultant’s proposal identifies other technical or unique factors directly 10 58.3 60.0 59.0 58.3 58.3 59.3 58.3 E. TOTAL 200 53.3 66.7 65.7 60.0 55.0 56.0 55.0 Evaluation Sheet - RFQ Item #16-198 Architectural Design Services for Augusta, Georgia - Fire Department Thursday August 5, 2016 @ 10:00 a.m. Vendors Scope of Services (Total Points 200) Proposer’s Overall Ability to Provide the Services (Total Points 480) Quality of RFQ RANKING - First Round Elimination (MUST PASS FOR CONTINUED CONSIDERATION) Second Round Elimination (Total Points 50) (MUST ACHIEVE 35 POINTS FOR CONTINUED CONSIDERATION) Submittal and Quality of RFQ D. Narrative E. Scope of Services Continued on Page 2 1 Prad Group 5887 Glenridge Dr., Suite 300 Atlanta, GA 30328 Johnson Laschober & Associates 1296 Broad Street Augusta, GA 30901 Pond 621 NW Frontage Rd. Suite 320 Augusta, GA 30907 Virgo Gambill Architects 2531 Centerwest Parkway, Suite 200 Augusta, GA 30909 Hussey Gay Bell 6224 Sugarloaf Pkwy Suite 150 Duluth, GA 30097 Mead & Hunt, Inc. 878 South Lake Dr. Lexington, SC 29072 Nicholas Dickinson & Associates 771 Broad St., Suite 200 Augusta, GA 30901 Evaluation Sheet - RFQ Item #16-198 Architectural Design Services for Augusta, Georgia - Fire Department Thursday August 5, 2016 @ 10:00 a.m. Vendors RANKING - First Round Elimination (MUST PASS FOR CONTINUED CONSIDERATION) Within Richmond County 10 0.0 10.0 10.0 10.0 0.0 0.0 10.0 Within CSRA 8 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Within Georgia 6 6.0 0.0 0.0 0.0 6.0 0.0 0.0 Within SE United States (includes AL, TN, NC, SC, 4 0.0 0.0 0.0 0.0 0.0 4.0 0.0 All Others 2 0.0 0.0 0.0 0.0 0.0 0.0 0.0 TOTAL 10 6.0 10.0 10.0 10.0 6.0 4.0 10.0 H. References 10 10.0 9.0 10.0 10.0 10.0 7.0 10.0 Total (Total Possible Score 750) Total 750 521.0 628.0 608.3 558.3 556.0 547.7 543.3 Reference(s) (Total Points 10) Proximity to Area (Total Points 10) F. Proximity to Area Evaluator: Cumulative Date: 8/25/16 Procurement DepartmentRepresentative: Nancy Williams Procurement Department Completion Date: 8/25/16 Note: Respondent/Offeror(s) receiving 600 or more points will be invited to do presentations to provide additional information if deemed necessary. Internal Use Only 2 Commission Meeting Agenda 10/18/2016 2:00 PM Minutes Department: Department: Caption:Motion to approve the minutes of the regular meeting of the Commission held October 4, 2016 and Special Called Meeting October 11, 2016. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 10/18/2016 2:00 PM Task Force Abandon Properties Department: Department: Caption:Create Abandon Property Task Force. (Requested by Commissioner Marion Williams) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 10/18/2016 2:00 PM Unisys Corporation Department: Department: Caption:Update from Administration on the Unisys Substation. (Requested by Commissioner Ben Hasan) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 10/18/2016 2:00 PM 2017 Proposed Budget Department:Administrator Department:Administrator Caption:Present the 2017 proposed budget Background:The proposed budget is required to be presented at the second commission meeting in October Analysis:The proposed budget is the starting point, with the budget being adopted at the November 15, 2016 Commission Meeting. Over the next 28 days' work sessions will be held to review and discuss what is being presented today. Financial Impact:n/a Alternatives:n/a Recommendation:Receive as information Funds are Available in the Following Accounts: n/a REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 10/18/2016 2:00 PM Acquisition of right of way & one temporary driveway easement to Richmond County, Ga from Frances M. Rinker & E. Woodbury Rinker (deceased) 502 Highland Avenue Department:Law Department:Law Caption:Motion to authorize condemnation to acquire title of a portion of property for right of way and one temporary driveway easement (Parcel 033-2-111-00-0) 502 Highland Avenue. Background:The City cannot determine clear title due to a deceased owner and therefore seeks to acquire title 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 241.29 square feet of right of way and one temporary driveway easement. The appraised value is $9,700.00. 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 328041110-52.12122 J/L 211828704-52.12122 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Cover Memo Clerk of Commission Cover Memo Commission Meeting Agenda 10/18/2016 2:00 PM Acquisition of the parcel in fee to Richmond County, Goergia from Mary L. Utley (deceased) & George Utley Department:Law Department:Law Caption:Motion to authorize condemnation to acquire title of the entire parcel, (Parcel 087-2-124-00-0) 2041 Walnut Street. Background:Due to unclear title, the City 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 $8,500.00 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 10/18/2016 2:00 PM Acquisition of the parcel in fee to Richmond County, Goergia from Mary L. Utley (deceased) 2020 Goldent Rod St Department:Law Department:Law Caption:Motion to authorize condemnation to acquire title of the entire parcel, (Parcel 087-2-227-00-0) 2020 Golden Rod Street. Background:Due to unclear title, the City 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 11,541 square feet. The appraised value is $10,000.00 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 10/18/2016 2:00 PM Approve RFQ#16-205, Sanitary Sewer Connection Services Task Order Program Phase II Department:Utilities Department:Utilities Caption:Consider approval of RFQ#16-205: Sanitary Sewer Connection Services Task Order Program Phase II for the City of Augusta – Utilities Department in the amount of $1,000,000 for execution by Universal Plumbing, Southern Services, Stark Plumbing and Earl L. Babbitt as qualified and selected contractors. Background:The task order program will allow responsive and qualified contractors to provide the abandonment of existing septic tanks, running sewer services from the house to Augusta’s sanitary sewer, provide clean out tap at the property line, including all appurtenances related thereto, including restoring any concrete/asphalt/landscaping to its initial state prior to the project start. This task order program will allow the Augusta Utilities Department to provide sanitary sewer service to new customers currently not connected to the system. Analysis:AUD has evaluated Universal Plumbing, Southern Services, Stark Plumbing and Earl L. Babbitt’s Statement of Qualifications to participate in the task order program and find them all to be qualified. There were no other submitters for this solicitation. Financial Impact:We will budget $1,000,000.00 annually for this program. These funds are available from account 507043490-5425410/88887777- 5425410 Alternatives:Rejection of this RFQ Contractor Selection would delay the Utilities Department’s ability to execute sanitary sewer connection services. Recommendation:Recommend Commission approve RFQ#16-205: Sanitary Sewer Connection Services Task Order Program Phase II for the City of Augusta – Utilities Department in the amount of$1,000,000.00Cover Memo Funds are Available in the Following Accounts: $1,000,000.00 from account 507043490-5425410/88887777- 5425410 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Request for Qualification Request for Qualifications will be received at this office until Tuesday, July 26, 2016 @ 11:00 a.m. for furnishing: RFQ Item #16-205 Sanitary Sewer Connection Services – Task Order Phase II for the Augusta Utilities Department Qualifications 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 Request for Qualification (RFQ) documents may be viewed on the Augusta Georgia web site under the Procurement Department ARCbid. RFQ documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. Pre-Qualification Conference will be held on Thursday, July 7, 2016, @ 10:00 a.m. in the Procurement Department, 535 Telfair Street, Room 605. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Monday, July 11, 2016 @ 5:00 P.M. No RFQ will be accepted by fax, all must be received by mail or hand delivered. No qualifications may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder(s). Request for qualifications (RFQ) and specifications. An RFQ 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 RFQ 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 RFQ 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 RFQ number on the outside of the envelope. Proponents are cautioned that acquisition of RFQ documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RFQ documents from unauthorized sources places the Proponent at the risk of receiving incomplete or inaccurate information upon which to base its qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov GERI A. SAMS, Procurement Director Publish: Augusta Chronicle June 9, 16, 23, 30, 2016 Metro Courier June 16, 2016 OFFICIAL VENDORS Attachment B E-Verify #SAVE Form Original 7 Copies SOUTHERN SERVICES 2630 MILLEDGEVILLE ROAD AUGUSTA, GA 30904 YES 608439 YES YES YES UNIVERSAL PLUMBING 2415 MILLEDGEVILLE ROAD AUGUSTA, GA 30904 YES 475934 YES YES YES EARL BABBITT INC 1128 ELLIS STREET AUGUSTA, GA 30901 Yes EXEMPT YES YES YES STARK PLUMBING 106 HAMPTON TERRACE NORTH AUGUSTA, SC 29841 YES 1113019 YES YES YES Total Number Specifications Mailed Out: 24 Total Number Specifications Download (Demandstar): Total Electronic Notifications (Demandstar): Mandatory Pre-Proposal/Telephone Conference Attendees: Total packages submitted: 4 Total Noncompliant: 1 Qualification Opening RFQ Item #16-205 Sanitary Sewer Connection Services- Task Order Phase II for Augusta, Georgia - Utilities Department RFQ Due: Tuesday, July 26, 2016 @ 11:00 a.m. Page 1 of 1 SOUTHERN SERVICES 2630 MILLEDGEVILLE ROAD AUGUSTA, GA 30904 UNIVERSAL PLUMBING 2415 MILLEDGEVILLE ROAD AUGUSTA, GA 30904 STARK PLUMBING 106 HAMPTON TERRACE NORTH AUGUSTA, SC 29841 EARL BABBITT INC 1128 ELLIS STREET AUGUSTA, GA 30901 A. Package submitted by the deadline Pass/Fail Pass Pass Pass Pass B. Package is complete (includes requested information as required per this solicitation) Pass/Fail Pass Pass Pass Pass C. Overall Quality of RFP (concise and to-the-point) 50 47.5 35 45 45 1. Qualifications of company (company profile) 100 100 100 100 100 2. Financial Responsibility 100 100 82.5 87.5 90 3. Project Management 95 95 95 90 90 4. Key Personnel & Staff 90 90 90 82.5 82.5 5. Organizational Qualifications 75 75 75 67.5 67.5 6. Optional Interview (Potential Bonus Points)10 D. TOTAL 470 460 442.5 427.5 430 1. Contractors Experience in septic tank abandonment and sewer service line connection 100 100 100 100 100 2. Contactor’s experience in site restoration. 20 20 20 20 20 3. Capacity/Ability to respond. 40 40 40 35 35 4. Ability to meet liability insurance and specified Bonding requirements. 40 40 40 40 40 E. TOTAL 200 200 200 195 195 Within Richmond County 10 10 10 10 Within CSRA 8 8 Within Georgia 6 Within SE United States (includes AL, TN, NC, SC, FL) 4  All Others 2 TOTAL 10 10 10 8 10 H. References 20 20 15 20 20 Total 750 737.5 702.5 695.5 700 F. Proximity to Area Note: Respondent/Offeror(s) receiving 600 or more points will be invited to do presentations to provide additional information if deemed necessary. Submittal and Quality of RFP Second Round Elimination (Total Points 50) (MUST ACHIEVE 35 POINTS FOR CONTINUED CONSIDERATION) Proposer’s Overall Ability to Provide the Services (Total Points 470) Scope of Services (Total Points 200) Proximity to Area (Total Points 10) Reference(s) (Total Points 10 Total (Total Possible Score 750) Quality of RFP Procurement DepartmentRepresentative: Nancy Williams Evaluator: Cumulative Date: 8/18/18 Procurement Department Completion Date: 8/18/18 Internal Use Only Evaluation Meeting - RFQ Item #16-205 Sanitary Sewer Connection Services- Task Order Phase II for Augusta, Georgia - Utilities Department RFQ Due: Thursday, August 18, 2016 @ 3:00 p.m. Vendors (MUST PASS FOR CONTINUED CONSIDERATION) RANKING - First Round Elimination E. Scope of Services D. Narrative Commission Meeting Agenda 10/18/2016 2:00 PM Engineering Services for Utilities Department on Fort Gordon Department:Utilities Department:Utilities Caption:Consider proposal from WR Toole Engineers, Inc. to provide engineering services for Augusta Utilities on Fort Gordon. Background:Fort Gordon is undergoing massive growth. Construction and renovation projects are planned throughout the post for the Army Cyber Command, NSA, AIT Complex, DDEAMC and various other associated military units. And the Fort Gordon community facilities such as Post Exchange, MWR, and housing units also have projects underway or planned in support of the growth. AUD not only operates and maintains these systems, but also must plan and construct system expansions to meet Fort Gordon’s growth. Additional engineering support is expected to be needed to meet these increasing utility requirements, which Fort Gordon sometimes makes on short notice. AUD will be able to respond better and more quickly by having a consulting engineer on-call with the working knowledge of our Fort Gordon utilities. Analysis:WR Toole Engineers is currently providing design services for AUD on Fort Gordon. Based upon their experience with AUD on Fort Gordon, and their qualifications as preapproved consultants under RFQ #13-124 Engineering Consultant Services for Utilities, the Utilities Department recommends contracting with WR Toole Engineers to provide engineering services for AUD on Fort Gordon as stated in their proposal. Utilities Department requests approval in the amount of $300,000.00 to fund an Engineering Services contract with WR Toole Engineers. Financial Impact:$300,000.00 funds are available from the following accounts: 507043490-5212115 / 88888888-5212115 Alternatives:No alternatives are recommended. Cover Memo Recommendation:Recommend approval for Utilities Department to contract with WR Toole Engineers in the amount of $300,000.00 for a Fort Gordon Engineering Services contract. Funds are Available in the Following Accounts: Funds are available in the following accounts: 507043490- 5212115 / 88888888-5212115 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo 1005 Broad Street, Suite 200, Augusta, GA 30901 phone – 706.722.4114 * fax - 706.722.6219 * www.wrtoole.com W. R. Toole Engineers, Inc. Engineers * Consultants * Planners August 2, 2016 Augusta Utilities Department 360 Bay Street, Suite 180 Augusta, GA 30901 Attention: Mr. Steven M. Behrend, PE Subject: Proposal for “On-Call” Professional Services, TE Proposal # P-16052 Mr. Behrend: W. R. Toole Engineers, Inc. (WRTE) appreciates this opportunity to submit a proposal for “On-Call” Professional Services related to water and sewer improvements on Fort Gordon. We understand that a Master Agreement will be implemented that will allow WRTE to provide services (Task Orders) to Augusta Utilities Department (AUD) on an as-needed basis. For each Task Order completed under this Master Agreement, AUD shall provide WRTE with a description of the anticipated services to be performed. WRTE will then prepare a separate Task Order Proposal describing the proposed work procedure, schedule and fee structure to complete the described services. If the Task Order Proposal is acceptable, AUD shall authorize WRTE to begin work under the Master Agreement. Due to the varied scope of work that may be required, WRTE anticipates that sub-consultants will be utilized to more efficiently deliver some specialized services such as surveying, environmental studies/permitting, flow monitoring, materials testing, etc. Should a sub-consultant be utilized, WRTE will include a description of the sub-consultant services and fees within the Task Order proposal. No work will be completed without prior written authorization from AUD. We appreciate the opportunity to propose our services to you and we look forward to our continued work on the Base. As per our meeting on August 1, 2016, we have already initiated scoping activities on the first anticipated Task Order to include flow monitoring at ten (10) locations. We will follow up with a scoping and fee document for this first task. Sincerely, W. R. TOOLE ENGINEERS, INC. Erik Hammarlund, PE Vice President Commission Meeting Agenda 10/18/2016 2:00 PM Garbage Collection Department:Clerk of Commission Department:Clerk of Commission Caption:Discuss garbage collection. (Requested by Commissioner Marion Williams) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 10/18/2016 2:00 PM South Augusta Development Authority Department: Department: Caption:Motion to approve the appointment of Commissioner Dennis Williams, District 2, to the South Augusta Development Authority Study Committee. (Requested by Commissioner Sammie Sias) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 10/18/2016 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