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2016-11-01-Meeting Agenda
Commission Meeting Agenda Commission Chamber 11/1/2016 2:00 PM INVOCATION:Pastor Joseph Lennon, Senior Pastor, Augusta First Church of the Nazarene. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. PRESENTATION(S) A.Presentation by Ms. Becky Shealy, Interim Director Daniel Field Airport regarding Daniel Field Airport. (Requested by Commissioner Dennis Williams) Attachments CONSENT AGENDA (Items 1-13) PUBLIC SERVICES 1.Motion to approve New Ownership Application: A. N. 16-35: a request by Charles Kendrick for an on premise consumption Liquor, Beer, & Wine License to be used in connection with Kush located at 2864 Deans Bridge Rd. There will be Dance. District 2. Super District 9. (Approved by Public Services October 25, 2016) Attachments ADMINISTRATIVE SERVICES 2.Motion to approve the Abandon Property Task Force and ask Housing & Community Development, Marshal's Department, Code Enforcement and Environmental Services to meet with representatives from Mt. Calvary Baptist Church, Liberty Baptist Church and the House of Prayer regarding the cleanup of abandoned properties near 1200 block of Wrightsboro Road. (Approved by Administrative Services October 25, 2016) Attachments 3.Motion to approve the award of the RFP for PBM (RFP #16-236) to Magellan and authorize the Mayor to execute the approved contract for a period of three years. (Approved by Administrative Services October 25, 2016) Attachments PUBLIC SAFETY 4.Motion to amend the contract between Richmond County Correctional Institution (RCCI) and Trinity Services Group, Inc. to reflect changes in the cost of meals. (Approved by Public Safety October 25, 2016) Attachments 5.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 25, 2016) Attachments ENGINEERING SERVICES 6.Motion to approve change order #1 for construction of the Goodrich Street Raw Water Pumping Station (RWPS) in the amount of $1,122,307.00. (Approved by Engineering Services Committee October 25, 2016) Attachments 7.Motion to approve Change Order for Professional Services for Goodrich Street RWPS. (Approved by Engineering Services Committee October 25, 2016) Attachments 8.Motion to approve the award of Bid #16-239 for the extension of water and sanitary sewer services at Gordon Highway and Jimmie Dyess Parkway. (Approved by Engineering Services October 25, 2016) Attachments 9.Motion to determine that the Alley between 512 Reynolds Street and 514 Reynolds Street as shown on the attached plat has ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the best public interest, pursuant to O.C.G.A. §32-7-2, with the abandoned property to be quit-claimed to the appropriate party(ies), as provided by Attachments law and an easement to be retained over the entire abandoned portion for existing or future utilities as directed by Augusta Engineering Department and Augusta Utilities Department. (Approved by Engineering Services Committee October 25, 2016) 10.Motion to approve Utilities Department Contract Redetermination with Fort Gordon and Authorize Additional Positions. (Approved by Engineering Services Committee October 25, 2016) Attachments PETITIONS AND COMMUNICATIONS 11.Motion to approve the minutes of the regular meeting of the Commission held October 18, 2016 and Special Called Meeting October 25, 2016. Attachments APPOINTMENT(S) 12.Motion to approve the appointment of Mr. Roy Jones to the ARC Library Board of Trustees representing District 6. Attachments 13.Motion to approve the appointment of Mr. Brian Mosley to the ARC Transit Citizens Advisory Board representing District 9. Attachments ****END CONSENT AGENDA**** AUGUSTA COMMISSION 11/1/2016 AUGUSTA COMMISSION REGULAR AGENDA 11/1/2016 (Items 14-17) ADMINISTRATIVE SERVICES 14.Motion to approve by Resolution the FY 2017 Annual Action Plan for the following programs funded by the U.S. Department of Housing and Urban Development (HUD): Community Development Block Grant Attachments Upcoming Meetings www.augustaga.gov (CDBG) Program, Home Investment Partnerships (HOME) Program, Emergency Solutions Grant (ESG) Program, Housing Opportunities for Persons with AIDS (HOPWA) Program. (No recommendation from Administrative Services Committee; Received as information Commission meeting 10-4-16) 15.Consider information/documentation as tasked by the Commission in its October 4, 2016 meeting from the Administrator regarding the status of pay for the ex-officio member of the Planning Commission and/or whether anyone on the Planning Commission was authorized to be paid as of 2011 reorganization. Attachments FINANCE 16.Motion to approve execution of non-binding loan application with Georgia Environmental Facilities Authority (GEFA) for a Waste to Energy Project in an amount not to exceed $62 million and transmit to GEFA by close of business November 1, 2016. (Requested by Commissioner Wayne Guilfoyle) Attachments LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 17.Motion to approve execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Commission Meeting Agenda 11/1/2016 2:00 PM Invocation Department: Department: Caption:Pastor Joseph Lennon, Senior Pastor, Augusta First Church of the Nazarene. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 11/1/2016 2:00 PM General Aviation Commission Department:Daniel Field Airport Department:Daniel Field Airport Caption:Presentation by Ms. Becky Shealy, Interim Director Daniel Field Airport regarding Daniel Field Airport. (Requested by Commissioner Dennis Williams) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 11/1/2016 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Ownership Application: A. N. 16-35: a request by Charles Kendrick for an on premise consumption Liquor, Beer, & Wine License to be used in connection with Kush located at 2864 Deans Bridge Rd. There will be Dance. District 2. Super District 9. (Approved by Public Services October 25, 2016) Background:This is a New Ownership Application formerly in the name of Melissa Scott. 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 $2,362.50 Alternatives: Recommendation:The Planning & Development 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 11/1/2016 2:00 PM Abandon Property Task Force Department: Department: Caption:Motion to approve the Abandon Property Task Force and ask Housing & Community Development, Marshal's Department, Code Enforcement and Environmental Services to meet with representatives from Mt. Calvary Baptist Church, Liberty Baptist Church and the House of Prayer regarding the cleanup of abandoned properties near 1200 block of Wrightsboro Road. (Approved by Administrative Services October 25, 2016) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 11/1/2016 2:00 PM APPROVE NEW PHARMACY PROVIDER Department:Human Resources Department:Human Resources Caption:Motion to approve the award of the RFP for PBM (RFP #16-236) to Magellan and authorize the Mayor to execute the approved contract for a period of three years. (Approved by Administrative Services October 25, 2016) Background:Based on current trends in the pharmacy program including cost, adherence rates and clinical programs it was in the best interest of Augusta Georgia to perform an RFP for Pharmacy Benefit Management Services. Our initial analysis of historic and current trends revealed that several cost drivers within our program could be improved with minimal disruption to employees. The areas where we will see the most improvement are: 1) Reducing the number of Specialty drugs and managing the ingredient cost 2) Improving the Generic dispensing rate minimum guarantee 3) Passing on Rebates to ARC Analysis:The analysis showed that the potential savings to Augusta and its employees would be in the $500,000-$1,000,000 range. While cost savings is important, it is as equally important that Augusta Georgia partners with a progressive PBM that will continually address chronic condition management, employee education and engagement that will lead to a better adherence rate and oversight to ensure duplicate therapies and adverse drug interaction incidents are quickly identified and reduced. Augusta Human Resources was asked to prepare a RFP for a PBM services. The evaluation committee meet and reviewed 7 compliant submittals. The evaluation committee met on October 6th and October 13th to evaluate the seven (7) compliant proposals. After reviewing, discussing and scoring the proposals the evaluation committee is recommending Magellan as the PBM beginning January 1st, 2017. Financial Impact:Based on Magellan’s proposal, it would be in the best interest of Augusta to award the contract to them. According to USI, our benefit’s consultant, Augusta, GA and its employees will see an Cover Memo approximate cost savings of from $500,000 to $1 million dollars annually. Alternatives:Keep Blue Cross as our Pharmacy provider/Administrator in place. Recommendation:Approve the awarding of the contract to Magellan effective 1/1/17 Funds are Available in the Following Accounts: FUNDS AVAILABLE IN THE FOLLOWING ACCOUNTS: [___________________________] REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Request for Proposal Request for Proposals will be received at this office until Friday, September 30, 2016 @ 11:00 a.m. for furnishing: RFP Item #16-236 Pharmacy Benefits Augusta, GA – Human Resources Department RFPs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901Man RFP documents may be viewed on the Augusta Georgia web site under the Procurement Department ARCbid. RFP documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, September 16, 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 60 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 August 25, 1, 8, 15, 2016 Metro Courier August 31, 2016 OFFICIAL VENDORS Attachment "B"E-Verify #Addendum 1 SAVE Form Original 7 Copies Fee Proposal OPTUMRX 2300 MAIN STREET IRVINE, CA 92614 Yes 438670 Yes Yes Yes Yes Yes CVS HEALTH 2211 SANDERS RD NORTHBROOK, IL 60062 Yes 40635 Yes Yes Yes Yes Yes MEI SERVICES 2951 PIEDMONT RD., SUITE B ATLANTA, GA 30305 Yes 1122270 Yes Yes Yes Yes Yes SCRIPT CARE 6380 FOLSOM DRIVE BEAUMONT, TX 77706 Yes 861066 Yes Yes Yes Yes Yes RXEDO, INC 7800 DALLAS PARKWAY SUITE 460 PLAN, TX 75024 Yes Non- Compliant Yes No Yes Yes Yes PERFORM RX 200 STEVENS DR PHILADELPHIA, PA 19113 Yes 937993 Yes Yes Yes Yes Yes BCBS DBA ANTHEM 120 MONUMENT CIRCLE INDIANAPOLIS, IN 46204 Yes 364538 Yes Yes Yes Yes Yes MAGELLAN HEALTHCARE 6940 COLUMBIA GATEWAY COLUMBIA, MD 21046 Yes 838557 Yes Yes Yes Yes Yes Proposal Opening RFP Item #16-236 Pharmacy Benefits for Augusta, Georgia - Human Resources Department RFP Due: Friday, September 30, 2016 @ 11:00 a.m. Total Number Specifications Mailed Out: 26 Total Number Specifications Download (Demandstar): 60 Total Electronic Notifications (Demandstar): 14 Mandatory Pre-Proposal/Telephone Conference Attendees: Not Applicable Total packages submitted: 9 Total Noncompliant: 1 The following vendor submitted a statement of "No Bid": ENVISIONRX / 2181 EAST AUROA RD / TWINSBURG, OH 44087 Page 1 of 1 OPTUMRX 2300 MAIN STREET IRVINE, CA 92614 VATIVO-RX 2951 PIEDMONT RD., SUITE B ATLANTA, GA 30305 SCRIPT CARE 6380 FOLSOM DRIVE BEAUMONT, TX 77706 PERFORM RX 200 STEVENS DR PHILADELPHIA, PA 19113 BCBS DBA ANTHEM 120 MONUMENT CIRCLE INDIANAPOLIS, IN 46204 MAGELLAN HEALTHCARE 6940 COLUMBIA GATEWAY COLUMBIA, MD 21046 CVS HEALTH 2211 SANDERS RD NORTHBROOK, IL 60062 RXEDO, INC 7800 DALLAS PARKWAY SUITE 460 PLAN, TX 75024 A. Package submitted by the deadline Pass/Fail PASS 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 FAIL C. Overall Quality of RFP (concise and to-the-point) 50 33.2 34.0 35.0 35.0 43.2 46.2 41.0 1. Qualifications of company (company profile) 100 83.8 77.8 81.0 84.0 89.6 90.2 90.6 2. Financial Responsibility 100 82.0 79.8 82.2 80.4 87.6 88.8 92.0 3. Project Management 95 81.2 75.2 84.0 82.4 86.6 87.2 87.0 4. Key Personnel & Staff 90 76.4 79.2 83.2 84.0 88.0 84.4 83.6 5. Organizational Qualifications 75 65.6 63.4 66.0 67.8 70.0 69.8 70.0 6.Optional Interview (Potential bonus Points) 10 6.4 6.2 4.4 8.8 D. TOTAL 470 389.0 375.4 402.8 398.6 428.0 424.8 432.0 1. Provide eligible participants with a quality, affordable Pharmacy Benefits program with access to a large selection of Pharmacy providers. 50 34.8 31.0 39.8 36.0 44.8 45.4 42.0 2. Provide timely, accurate, responsive claim and customer service to plan participants and plan administrators. 50 41.0 43.4 44.4 39.6 45.6 46.2 44.2 3. Minimize disruption for current Pharmacy plan participants from a provider, formulary list and cost perspective. 50 36.8 35.8 40.6 39.4 46.8 44.2 43.0 4. Provide a contract that reduces overall costs to plan sponsor and participants while not altering the formulary list negatively. The contract must provide an overall improvement in cost containment measures, employee education and communication and access to pharmacy providers. 50 31.6 35.2 37.6 36.2 36.8 47.4 44.2 E. TOTAL 200 144.2 145.4 162.4 151.2 174.0 183.2 173.4 Cumulative Evaluation Meeting - RFP Item #16-236 Pharmacy Benefits for Augusta, Georgia - Human Resources Department Evaluation Meeting: Thursday, October 6, 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 OPTUMRX 2300 MAIN STREET IRVINE, CA 92614 VATIVO-RX 2951 PIEDMONT RD., SUITE B ATLANTA, GA 30305 SCRIPT CARE 6380 FOLSOM DRIVE BEAUMONT, TX 77706 PERFORM RX 200 STEVENS DR PHILADELPHIA, PA 19113 BCBS DBA ANTHEM 120 MONUMENT CIRCLE INDIANAPOLIS, IN 46204 MAGELLAN HEALTHCARE 6940 COLUMBIA GATEWAY COLUMBIA, MD 21046 CVS HEALTH 2211 SANDERS RD NORTHBROOK, IL 60062 RXEDO, INC 7800 DALLAS PARKWAY SUITE 460 PLAN, TX 75024 Cumulative Evaluation Meeting - RFP Item #16-236 Pharmacy Benefits for Augusta, Georgia - Human Resources Department Evaluation Meeting: Thursday, October 6, 2016 @ 10:00 a.m. Vendors A. Package submitted by the deadline Within Richmond County 10 Within CSRA 8 Within Georgia 6 6 Within SE United States (includes AL, TN, NC, SC, FL) 4 All Others 2 2 2 2 2 2 2 TOTAL 10 2 6 2 2 2 2 2 Lowest 10 10 Second 8 8 Third 6 6 Fourth 4 4 Fifth 2 TOTAL 10 0 0 8 0 4 6 10 H. References 10 10 0 10 10 10 10 10 Total 750 578.4 560.8 620.2 596.8 661.2 672.2 668.4 Reference(s) (Total Points 10 Cost/Fee Consideration (Total Points 10) Proximity to Area (Total Points 10) F. Proximity to Area Procurement Department Completion Date: 10/13/2016 G. Cost/Fee Proposal (Enclose in a separate sealed envelope) Note: Respondent/Offeror(s) receiving 600 or more points will be invited to do presentations to provide additional information if deemed necessary. Procurement DepartmentRepresentative: Nancy Williams Internal Use Only Evaluator: CUMULATIVE Date: 10/13/16 Total (Total Possible Score 750) 2 Commission Meeting Agenda 11/1/2016 2:00 PM Trinity Food Services Group Inc Contract Department:Richmond County Correctional Institution Department:Richmond County Correctional Institution Caption:Motion to amend the contract between Richmond County Correctional Institution (RCCI) and Trinity Services Group, Inc. to reflect changes in the cost of meals. (Approved by Public Safety October 25, 2016) Background:On October 20, 2015 Trinity Services Group, Inc. was awarded the contract to manage Richmond County Correctional Institution (RCCI) inmates' food service. The agreed upon rate was $1.39 per meal per inmate Analysis:A review of the current meal menu indicates that some important food items were not included. It's recommended that the current contract be amended to include a change in the meal menu. The changes will increase the cost per meal from $1.39 per inmate to $1.42. This minimal amount per meal can be absorbed within the current RCCI budget. Financial Impact: Alternatives: Recommendation:Request approval for amending the contract with Trinity Services Group, Inc. to reflect the changes in meal cost. Funds are Available in the Following Accounts: 101033211/5317110 REVIEWED AND APPROVED BY:Cover Memo Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 11/1/2016 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 25, 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: 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 11/1/2016 2:00 PM Goodrich Street Raw Water Pumping Station-Construction Department:AUD Department:AUD Caption:Motion to approve change order #1 for construction of the Goodrich Street Raw Water Pumping Station (RWPS) in the amount of $1,122,307.00. (Approved by Engineering Services Committee October 25, 2016) Background:The project being constructed at the RWPS includes the installation of a new turbine, gearbox and pump (Unit 9) capable of pumping of 50 Mgal/d, a new gearbox and pump for Unit 1, and a new operations building; the bid amount for the original project was $9,626,000. During rock excavation for construction of the power box and tailrace for Unit 9, a fault in the rock that was not detected during the geotechnical investigation resulted in failure of the excavation wall. Since the surrounding rock was not sufficiently stable, a series of concrete secant piles were drilled into the underlying rock to support the sides of the excavation. Around the time these remedial measures were completed and regular construction was set to resume, the U.S. Army Corps of Engineers began massive releases of water from the upstream reservoirs due to the tremendous rainfall that resulted in flooding in South Carolina. Despite efforts by our contractor, Ruby- Collins, to protect the site so that work could continue, the excavation flooded four different times. Analysis:These two incidents greatly increased the cost and contract time of the project. Our design engineer closely monitored the work of Ruby-Collins, so that only allowable additional costs are included in the change order. We have also reviewed the geotechnical report that was used as the basis for design, and find that the geotechnical firm employed normal and customary means and methods in its work, and therefore could not be considered liable. The change order represents an increase in contract cost of $1,122,307.00 and an additional 277 days in contract time. Financial Impact:Funding in the amount of $1,122,307.00 is available from Cover Memo accounts: 512043410-5425110/ 80413009-425110. Alternatives:No viable alternative Recommendation:We recommend approval of Change Order 1 in the amount of $1,122,307.00 and an increase in contract time of 277 days. Funds are Available in the Following Accounts: Funding in the amount of $1,122,307.00 is available from accounts: 512043410-5425110/ 80413009-425110. REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 11/1/2016 2:00 PM Goodrich Street Raw Water Pumping Station-Engineering Department:Utilities Department:Utilities Caption:Motion to approve Change Order for Professional Services for Goodrich Street RWPS. (Approved by Engineering Services Committee October 25, 2016) Background:The project being constructed at the RWPS includes the installation of a new turbine, gearbox and pump (Unit 9) capable of pumping of 50 Mgal/d, a new gearbox and pump for Unit 1, and a new operations building; the bid amount for the original project was $9,626,000. ZEL Engineering is the design engineer for this project. During rock excavation for construction of the power box and tailrace for Unit 9, a fault in the rock that was not detected during the geotechnical investigation resulted in failure of the excavation wall. Since the surrounding rock was not sufficiently stable, a series of concrete secant piles were drilled into the underlying rock to support the sides of the excavation. Around the time these remedial measures were completed and regular construction was set to resume, the U.S. Army Corps of Engineers began massive releases of water from the upstream reservoirs due to the tremendous rainfall that resulted in flooding in South Carolina. Despite efforts by our contractor, Ruby- Collins, to protect the site so that work could continue, the excavation flooded four different times. Analysis:ZEL Engineering, working with the contractor Ruby-Collins, devoted a great deal of resources toward resolving the rock issue. Also, during the time the secant piles were being installed and then when construction was curtailed due to flooding, ZEL had to closely monitor the work to distinguish between additional work and that which was a part of the original contract. This also required additional resources. In addition, additional engineering time was required due to changes initiated by the turbine manufacturer. Financial Impact:The additional work totals $340,010.00. Funds are available in Cover Memo 512043410-5122115/80413007-5212115. Alternatives:No viable alternative Recommendation:We recommend approval of the Change Order in the amount of $340,010.00 Funds are Available in the Following Accounts: Funds are available in 512043410-5122115/80413007-5212115. REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo ZIMMERMAN, EVANS & LEOPOLD, INC. 706-724-5627 | Fax 706-724-5789 | 435 Telfair Street | Augusta, GA 30901 zelengineers.com October 3, 2016 Mr. Tom Wiedmeier, P. E. Director Augusta Utilities Department Augusta, GA. 30901 VIA ELECTRONIC COMMUNICATION RE: Professional services required for construction of the GSRWPS Expansion. Dear Mr. Wiedmeier: Thank you for your time Monday to discuss in detail our request for additional compensation dated June 7, 2016. We are pleased to have been able to provide the services needed at the time needed by AUD. This is the summary of the additional work: We appreciate the confidence you have shown us over the years. We trust you find it satisfying and proper. We pledge our best efforts to complete this very important project. Sincerely yours, ZEL Engineers Jorge E. Jimenez, P. E., Principal JEJ:st REQUEST FOR GSRWPS ADDITIONAL SERVICE AUGUST 2016 - BREAKDOWN Additional Services Working with Ruby Collins for: Value Engineering; Cordination of work on water turbine design and construction for AUD; Additional assistance during rock excavation for construction of the power box and tailrace for Unit 9; ZEL had to closely monitor the work to distinguish between additional work and that which was a part of the original contract work and that which was a part of the original contract 226,215.00$ Total Needed for Construction Administration of Contract No. II w/ RC CO 304,620.00$ Total 530,835.00$ Total Amount Previously Authorized for Construction Administration (190,825.00)$ Required Additional Authorization-->340,010.00$ ZIMMERMAN, EVANS & LEOPOLD, INC. 706-724-5627 | Fax 706-724-5789 | 435 Telfair Street | Augusta, GA 30901 zelengineers.com Background supporting the Change Order Request: The project being constructed at the RWPS will provide water to Augusta for the next fifty years. This work includes: Construction of the civil (concrete) works necessary to house the equipment, the installation of a new hydro turbine, gearbox, and pump (Unit 9) capable of pumping 50 Mgal/d, and controls a new gearbox and pump for Unit 1, new operations building, and Augusta Canal flood relief gate system. The bid amount for the original project was $9,626,000. During rock excavation for construction of the power box and tailrace for Unit 9, a fault in the rock that was not detected during the geotechnical investigation resulted in failure of the excavation wall. Since the surrounding rock was not sufficiently stable, a series of concrete secant piles were drilled into the underlying rock to support the sides of the excavation. Around the time these remedial measures were completed and regular construction was set to resume, the U.S. Army Corps of Engineers began massive releases of water from the upstream reservoirs due to the tremendous rainfall that resulted in flooding in South Carolina. Despite efforts by our contractor, Ruby-Collins, to protect the site so that work could continue, the excavation flooded four different times. ZEL Engineers, working with the contractor Ruby-Collins, devoted a great deal of resources toward resolving the rock issue. Also, during the time the secant piles were being installed and then when construction was curtailed due to flooding, ZEL had to closely monitor the work to distinguish between additional work and that which was a part of the original contract. This also required additional resources. In addition, extensive additional engineering time was required due to changes initiated by the turbine manufacturer. These included full coordination with the manufacturer’s process to insure a cohesive system was the result. ZEL Engineers was responsible for acting for the AUD in all matters related to the construction, design and installation of the hydro turbines. The maximum power from the new unit is 4,000 HP. Unit No. 1 capacity increased from 20 MGD to 27 MGD. Commission Meeting Agenda 11/1/2016 2:00 PM Jimmie Dyess Water Main and Sanitary Sewer Improvements Department:Utilities Department Department:Utilities Department Caption:Motion to approve the award of Bid #16-239 for the extension of water and sanitary sewer services at Gordon Highway and Jimmie Dyess Parkway. (Approved by Engineering Services October 25, 2016) Background:On April 21, 2015 the ARC Commission approved a project to extend utilities at Gordon Highway and Jimmie Dyess Parkway. The extension will open up 182 acres for development. This project will extend water service along Jimmie Dyess Parkway from Gordon Highway to Harper Franklin Ave. This waterline extension will not only provide this area with water availability, but it will also provide a looped system for the surrounding neighborhoods. The cost of the waterline extension will be paid for by the AUD with bond funds. Georgia Vitrified Brick & Clay Co., the owners of this property, have agreed to bear the cost of the sewer extension. Because of a required railroad crossing and permitting issues, it was advantageous for AUD to construct the sewer. AUD will be reimbursed by Georgia Vitrified Brick & Clay Co., in accordance with the cost share agreement. Analysis:AUD has reviewed the bids submitted by Blair Construction,Inc., Legacy Water Group, Gearing Civilworks, and Beams Contracting. Blair Construction, Inc. was found to have the low bid. Financial Impact:We have reviewed the bid from Blair Construction, Inc. and find it to be reasonable. Funding in the amount of $981,088.00 is available from accounts: 514043490-5425310/81600110-5425310 AUD’s portion of the project: $514,016.00 Georgia Vitrified Brick & Clay Co.’s portion of the project: $467,072.00 Alternatives:No alternatives are recommended.Cover Memo Recommendation:Augusta Utilities Department recommends the Commission approve the Construction Services to Blair Construction, Inc. in the amount of $981,088.00, of which $467,072.00 will be reimbursed, for the Jimmie Dyess Water Main and Sanitary Sewer Improvements. Funds are Available in the Following Accounts: Funds are available in the following accounts: 514043490- 5425310/81600110-5425310 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Jimmie Dyess Water Main and Sanitary Sewer Improvements Invitation to Bid Sealed bids will be received at this office until Tuesday, October 11, 2016 @ 3:00 p.m. for furnishing: Bid Item #16-239 Jimmie Dyess Water Main and Sanitary Sewer Improvements for Augusta Utilities Department Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be examined at the office of the Augusta, GA Procurement Department, 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, September 1, 2016. Bidders are cautioned that submitting a package without Procurement of a complete set are likely to overlook issues of construction phasing, delivery of goods or services, or coordination with other work that is material to the successful completion of the project. Bidders are cautioned that acquisition of documents through any other source is not advisable. Acquisition of documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. A Mandatory Pre Bid Conference will be held on Friday, September 23, 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, September 26, 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 September 1, 8, 15, 22, 2016 Metro Courier September 7, 2016 OFFICAL Gearig Civilworks 322 Grimaude Blvd Grovetown, GA 30813 Blair Construction P. O. Box 770 Evans, GA 30809 Legacy Water Group 10120 Roberts Way Covington, GA 30014 Beams Contracting 15030 Atomic Road Beech island, SC 29842 Yes Yes Yes Yes 226337 224004 798569 167300 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes $1,116,642.00 $894,104.00 $980,275.50 $1,381,310.23 $2,100.00 $1,564.00 $1,700.00 $1,011.00 $2,000.00 $1,420.00 $1,550.00 $865.00 $120,000.00 $84,000.00 $100,000.00 $76,200.00 $55,840.00 $55,840.00 $41,880.00 $25,128.00 M-4 W-4F Bid Price W-4E Bid Item #16-239 Jimmie Dyess Water Main and Sanitary Sewer Improvements for Augusta, Georgia - Utilities Department Bid Due: Tuesday, October 11, 2016 @ 3:00 p.m. Bid Bond M9 Total Number Specifications Mailed Out: 21 Total Number Specifications Download (Demandstar): Total Electronic Notifications (Demandstar): Mandatory Pre-Bid Conference: 5 Total packages submitted: 4 Total Noncompliant: 0 Vendors Attachment B E-Verify Number SAVE Form Addendums 1-2 Page 1 of 1 Commission Meeting Agenda 11/1/2016 2:00 PM Motion for Abandonment of Alley off Reynolds Street Department:Law Department:Law Caption:Motion to determine that the Alley between 512 Reynolds Street and 514 Reynolds Street as shown on the attached plat has ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the best public interest, pursuant to O.C.G.A. §32-7-2, with the abandoned property to be quit- claimed to the appropriate party(ies), as provided by law and an easement to be retained over the entire abandoned portion for existing or future utilities as directed by Augusta Engineering Department and Augusta Utilities Department. (Approved by Engineering Services Committee October 25, 2016) Background:Rafik Bassali has requested that the alley be abandoned. Mr. Bassali is the owner of 512 Reynolds Street and 514 Reynolds Street. The alley lies between his two properties. The abandonment request has been reviewed by all essential county departments and administrators and approvals were received to this abandonment request. The legal description and plat of said Alley between 512 Reynolds Street and 514 Reynolds Street. Analysis:In addition to the information provided in the above Background section, publication notices will be made for a public hearing to be held, with results to be presented to the Commission. Notice to the property owners located thereon will be made, pursuant to O.C.G.A. §32-7-2(b)(1). Financial Impact:Cost of publication and advertisement of public hearing. Alternatives:Approve or deny request to determine that the Alley between 512 Reynolds Street and 514 Reynolds Street be abandoned. Recommendation: Approve determination and request for abandonment of the Alley Cover Memo between 512 Reynolds Street and 514 Reynolds Street pursuant to O.C.G.A. §32-7-2, with the abandoned property to be quit- claimed to the appropriate party(ies) as allowed by law, and an easement(s) as directed by the Augusta Engineering Department and the Augusta Utilities Department to be retained over the entire abandoned portion for existing or future utilities and drainage. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 11/1/2016 2:00 PM Utilities Department Contract Redetermination with Fort Gordon Department:Utilities Department:Utilities Caption:Motion to approve Utilities Department Contract Redetermination with Fort Gordon and Authorize Additional Positions. (Approved by Engineering Services Committee October 25, 2016) Background:The second contract redetermination has been accepted by the Army. This redetermination addresses AUD’s increasing services for Operations and Maintenance (O&M) of the water distribution and wastewater collection at Fort Gordon and Points West Army Resort at Clarks Hill Lake. Redetermination also includes the decommissioned water treatment plant on Fort Gordon that has been repurposed to treat water for irrigation, and a separate irrigation distribution system that has been constructed to certain parts of the Fort. With this contract redetermination, AUD will be compensated for O&M of the new water and wastewater system inventory added since the last redetermination, and O&M of the irrigation treatment facilities and distribution system. An additional eight AUD positions are included in the redetermination to perform the increased operations and maintenance functions. Analysis:In order to fulfill the requirements to provide the contracted services, AUD requests authorization of the following positions: Construction Manager (Pay Grade 56), Asset Manager (Pay Grade 54), Distribution Coordinator (Pay Grade 50), Plant Mechanic III (Pay Grade 48), Water Distribution Supervisor-II (Pay Grade 46), Inspector (Pay Grade 45), Utility Worker (Pay Grade 40), and Utility Worker (Pay Grade 40) The salary cost for these positions are included in our increased O & M fees paid by Fort Gordon. Financial Impact:There is no net decrease in operating funds for this agenda item since increased revenues budgeted will offset the increased salary costs.Cover Memo Alternatives:1) Approve the contract redetermination and authorize the additional positions in order to meet Augusta's contract terms with Fort Gordon. 2) Do not approve the contract redetermination, and do not authorize the additional positions to meet Augusta's contract terms with Fort Gordon. Recommendation:We recommend that the Commission Approve the contract redetermination and authorize the additional positions. Funds are Available in the Following Accounts: 506-04-3430-5111110 for salary expenditure, offset by Fort Gordon reimbursement revenue budgeted in 506-00-0000- 3343115. REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Construction Manager Pay Grade 56 Engineering Services Manager Pay Grade 59 Fort Gordon Division PROPOSED Office Manager Pay Grade 47 Assistant Director Fort Gordon Pay Grade 60 Administrative Assistant I Pay Grade 43Superintendent II Pay Grade 56 Superintendent I Water & Sewer Pay Grade 54 Superintendent I System Protection Pay Grade 54 Water Distribution Supervisor II Pay Grade 46 Water Distribution Supervisor II Pay Grade 46 Water Distribution Supervisor I Pay Grade 43 Water Distribution Supervisor I Pay Grade 43 Operations Coordinator Pay Grade 50 Distribution Coordinator Pay Grade 50 Distribution Coordinator Pay Grade 50 Collection Coordinator Pay Grade 50 Collection Coordinator Pay Grade 50 Water Distribution Supervisor I Pay Grade 43 Water Distribution Supervisor I Pay Grade 43 Wastewater Collection Supervisor I Pay Grade 43 Wastewater Collection Supervisor I Pay Grade 43 Distribution Coordinator Pay Grade 50 Water Distribution Supervisor II Pay Grade 46 Utility Worker Pay Grade 40 Utility Worker Pay Grade 40 Plant Mechanic III Pay Grade 48 Utility Inspector I/II/III Pay Grade 47/48/49 Utility Inspector I/II/III Pay Grade 47/48/49 Asset Manager Pay Grade 54Civil Engineer Tech IIIPay Grade 54 Commission Meeting Agenda 11/1/2016 2:00 PM Minutes Department: Department: Caption:Motion to approve the minutes of the regular meeting of the Commission held October 18, 2016 and Special Called Meeting October 25, 2016. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo CALLED MEETING COMMISSION CHAMBER October 25,2016 Augusta Richmond County Commission convened at 1l:00 a.m., Tuesday, October 25,2076, the Honorable Hardie Davis, Jr., Mayor, presiding. PRESENT: Hons. Lockett, Guilfoyle, Sias, Frantom, M. Williams, Smith, Fennoy, D.Williams, Hasan and Davis, members of Augusta Richmond County Commission. Mr. Mayor: They're auful. Ms. Bonner, I'm going to have a coming to Jesus with themany minute. The Clerk: Make sure you invite him, now. Mr. Mayor: He's already here. All right, we're going to call this meeting to order.Attorney MacKenzie. 1. LEGAL MEETING A. Pending and potential litigation B. Real estate C. Personnel Mr. MacKenzie: I would entertain a motion to go into an executive session to discusspending and potential litigation, real estate and personnel. Mr. Fennoy: So move. Mr. Sias: Second. Mr. Mayor: Voting. Ms. Davis, Mr. Guilfoyle, Mr. M. Williams and Mr. Smith out. Motion carries 6-0. IEXECUTTVE SESSTONI Mr. Mayor: We'll call this meeting back to order. The Chair recognizes AttorneyMacKenzie. 2. Motion to authorize execution by the Mayor of the affidavit of compliance withGeorgia's Open Meeting Act. Mr. Mayor: I would entertain a motion to execute the closed meeting affidavit. Mr. M. Williams: So move. Mr. Fennoy: Second. Mr. Mayor: Voting. Mr. Hasan out. Motion carries 9-0. Mr. Mayor: The Chair recognizes Attorney MacKenzie for a motion. Mr. MacKenzie: I would entertain a motion to approve the subordination of Augusta, Georgia's position of first lienholder in the principal amount of $51000.00 on the property located at2597 Lenora Church Road, Augusta to that of lower than second lienholder. Mr. M. Williams: So move. Mr. Fennoy: Second. Mr. MacKenzie: No lower than second. Mr. Mayor: A motion and a second. Voting. Attomey MacKenzie, can you suspend? The Clerk: Subordination to second. Mr. Mayor: Voting. Mr. Ilasan out. Motion carries 9-0. Mr. Mayor: Attorney MacKenzie. Mr. MacKenzie: I would entertain a motion to approve the subordination of Augusta, Georgia's position of second lienholder in the principal amount of $21500 on the property located at2597 Lenora Church Road to that of no lower than third lienholder. Mr. M. Willi2P5' So move. Mr. Lockett: Second. Mr. Mayor: A motion and a second. There being no questions, voting. Motion carries 10-0. Mr. Mayor: Thank you, Madam Clerk. Attorney MacKenzie. Mr. MacKenzie: I would entertain a motion to approve a resolution of the Commission to abandon the alley south of Broad Street, east of Twelfth Street and north of Ellis Street as part of the road system of Augusta, Georgia. Mr. M. Williams: So move. Mr. Lockett: Second. Mr. Mayor: A motion and a second from the commissioner from the 5ft. Voting. Motion carries 10-0. Mr. Mayor: Thank you. Again Attomey MacKenzie. Mr. Mayor: I would entertain a motion to approve a lease for parking spaces and agreement regarding bridges at 9th Street and Reynolds Street in Augusta, Georgia between 933 Broad Street Investment Company LLC. Mr. Guilfoyle: I so move. Mr. D. Williams: Second. Mr. Mayor: A motion and a second. Voting. Motion carries 10-0. Mr. Mayor: Attorney MacKenzie, any additional business before us? Mr. MacKenzie: I've got two more. Mr. Mayor: I thought so. Mr. MacKenzie: Next would be motion to authorize condemnation to acquire title of property for Fire Station parcel 066-0-053-00-0 also known as 2649 Gordon Highway. Mr. Lockeff: So move. Ms. Davis: Second. Mr. Mayor: Got a motion and a proper second. Voting. Mr. Guilfoyle votes No. Motion carries 9-1. Mr. Mayor: Attorney MacKenzie. Mr. MacKenzie: And finally would be a resolution authorizing the settlement ofRichmond County Superior Court Civil Action 2015-RCCV-451 styled Witti"- T. Bass vs.Garrett et aI in the amount of $651000. Mr. Lockett: So move. Mr. M. Williams: Second. Mr. Mayor: Got a motion and a second from the commissioner from the 9ft. Voting. Mr. Guilfoyle votes No. Motion carries 9-1. Mr. Mayor: And we have one more. Mr. MacKenzie: One more would be a motion to authorize the hiring of AirportDirector of Facility Maintenance Paul Strycharz for a starting salary of $901000. Mr. Lockett: So move. Ms. Davis: Second. Mr. Mayor: Got a motion and a second from the commissioner from the 3'd. Voting. Motion carries 10-0. Mr. Mayor: All right. Fantastic. Good work today. IMEETING ADJOURNED] Lena J. Bonner Clerk of Commission CERTIFICATION: I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copyof the minutes of the Called Meeting of the Augusta Richmond County Commission held on October 25,2016. Clerk of Commission Commission Meeting Agenda 11/1/2016 2:00 PM District 6 Library Appointment Department: Department: Caption:Motion to approve the appointment of Mr. Roy Jones to the ARC Library Board of Trustees representing District 6. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo TALENT BANK INFORMATION QUESTIONNAIRE TO BE COMPLETED BY PERSONS DESIRING TO VOLUNTEER THEIR SERVICES ONTHE ARC Library Board AUTHORIry, BOARD OR COMMTSSTON FOR AUGUSTA, GEORG|A NOTE:ANY INFORMATION ENTERED ON THIS QUESTIONNAIRE WOULD BECoME PUBLIC INFoRMATIoN UPoN YOUR SUBMISSION/APPOINTMENT. *H**ffi ffi *!ts*rt!t*ltl.:t:t'#,r*}ffi *********ffi *ffi ***ffi ***#*ffi ***ffi ffi ***#*+r*ffi *ffi *** EMATL ADDRESS: rlbjones @ bellsouth.net DATE: October 27,2016 1. NAME: Roy Jones HOME p69ps. 706-7986573 BUS. pHONE: Z0G-7920091 2. HOME ADDRESS: 2413 Windsor Spring Road Richmond GA 30906 STREET COUNTY STATE ZIP 3. DATE oF BTRTH: 1213111942 sEX: MALE x FEMALE 4. REGISTERED VOTER: YES X No 5. VOTTNG D;STR;CT Five 6. MARITAL STATUS: SINGLE MARRIED X SEPARATED ENGAGED DIVORCED 7. EDUCATTON: H;GH SCHOOI Lucy Craft Laney COLLEGE South Carolina State Univetrsity 8. RELATIVES WORKING FOR THE COUNTY: 9. OCCUpATTON: Retired Educator 10. RACE: WHITE AFRICAN-AMERICAN X ASIAN AMERICAN sPANlsH SURNAMED AMER|CAN tNDtAN orHER (specify) 11. LIST BOARDS YOU PRESENTLY SERVE ON: 1. Trinity Manor Apartments 12. LIST ANY AREA IN WHICH YOU HAVE A PARTICULAR INTEREST OR EXPERTISE. Education RealEstate 2. 3. Athletics Rev. 6-2016 Commission Meeting Agenda 11/1/2016 2:00 PM District 9 Transit Advisory Appointment Department: Department: Caption:Motion to approve the appointment of Mr. Brian Mosley to the ARC Transit Citizens Advisory Board representing District 9. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo TALENT BAI\K INFORMATION QUESTIONNAIRE To be completed by perso-ns desiring to volunteer their seryices on the ffiichrii5ndcounty' NOTE: Any information entered on this questionnaire would become public information upon your aPPointment' nxe llPql Aolt-c l. Name: r p...i--oo Phnne(10(9) "!t-p'-S1-Lt4z. Home Phone: 6t:r-g)' At "{- ce t? Business Phone 3. 4.Address: 5. 6. 7. E. 9. Registered Voter: Yes ' / No Voting District: Marital Status:Single Engaged Education: High School College Relatives working for the City/County: OccuPation: List Boards You PresentlY serve o:r: Divorced "/ -T,a*s/ r",tatcrt 10. 11. t2. Span i sh sr-fr "a-_'*'*' -: n"r"riil other -rtr.r l*'l o r^.th^ ra ( -_E_,.^t r- ( scp). c*1*1. ^ -^.14. List any area 'n fitiif' Vou have a particular interest or expertise:Ac., og o- rn'Ort/r'rclqS..rQ. ond e<ano*tlcorrl 8trETTa89alT:Ol- Street 'E tI.'d 6,e;-]gbeLgal- I utr! sNolrdo Nol-lut4:l^ltrul EE:gT 9TEa-6a-NUf Commission Meeting Agenda 11/1/2016 2:00 PM 2017 Annual Action Plan Department:Housing and Community Development Department:Housing and Community Development Caption:Motion to approve by Resolution the FY 2017 Annual Action Plan for the following programs funded by the U.S. Department of Housing and Urban Development (HUD): Community Development Block Grant (CDBG) Program, Home Investment Partnerships (HOME) Program, Emergency Solutions Grant (ESG) Program, Housing Opportunities for Persons with AIDS (HOPWA) Program. (No recommendation from Administrative Services Committee; Received as information Commission meeting 10-4-16) Background:In order to fulfill statutory and regulatory requirements mandated by the U.S. Department of Housing and Urban Development with regard to the FY2017 Annual Action Plan, the City of Augusta, Georgia is required to make available for public comment the FY2017 Annual Action Plan that provides the jurisdiction an opportunity to review the City of Augusta’s Housing and Community Development Department’s local strategy to address needs in the areas of community development, economic development, affordable housing and homelessness. This proposal includes an Annual Action Plan for 2017 with a budget that includes proposed funding allocations for the Community Development Block Grant ($1,675,892), HOME ($719,023), ESG ($152,133), HOPWA ($1,048,948) and Program Income from loan repayments (CDBG & HOME). Analysis:If approved by the Augusta – Richmond County Commission, the Housing and Community Development Department will be capable of funding these projects in accordance with the submission of the FY2017 Annual Action Plan to the U. S. Department of Housing and Urban Development (HUD). Careful and serious consideration has been given to these projects suggested by citizens.Cover Memo Financial Impact:If approved by the Augusta – Richmond County Commission, the 2017 Annual Action Plan will allow for the Housing and Community Development Department to continue to provide funding of needed services and housing projects for low- to moderate-income households throughout the City of Augusta, Georgia. Alternatives:None Recommended. Recommendation:Accept the FY2017 Annual Action Plan by Resolution at the conclusion of the thirty (30) day public comment period (end at 12:noon 10/14/16). Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 11/1/2016 2:00 PM Compensation Boards Authorities Department: Department: Caption:Consider information/documentation as tasked by the Commission in its October 4, 2016 meeting from the Administrator regarding the status of pay for the ex-officio member of the Planning Commission and/or whether anyone on the Planning Commission was authorized to be paid as of 2011 reorganization. Background: Administrative Services Committee September 13, 2016; deferred from the September 20, 2016 Commission Meeting; referred to the Administrator for additional information October 4, 2016. Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda Commission Chamber - 101412016 ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; Lockett, Guilfoyle, Sias, Frantom, M. Williams, Fennoy, D. Williams, Hasan and Davis, members of Augusta Richmond County Commission. Absent: Hon. Smith, member of Augusta Richmond County Commission. INVOCATION: Pastor Terry Eubanks, Pastoral Care Pastor, New Life Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. Five (5) minute time limit per delegation DELEGATIONS A. Ms. Brenda Durant regarding 2016 Report on the Arts in the Heart of Augusta Item Festival. Action: None E Renort on-Arts in the-Heart-of Auqusta Festival.pdf B ItemAuorovalSheet.html Motions Motion Motion Text'r'ype Made Seconded Motion By By Result Presentation is made by Ms. Brenda Durant. CONSENT AGENDA (Items l-23) PUBLIC SERVICES 1. Motion to approve bid award of $59,375.00 from Municipal Emergency Item Services Company for the purchase of life saving equipment for the Augusta Action: 0. ,r rr * rf END CoNSENT AGENDA** * * AUGUSTA COMMISSION t0t4t20t6 AUGUSTA COMMISSION REGULAR AGENDA t0t4/20t6 (Items 24-29) ADMINISTRATIVE SERVICES 24. Request to approve by Resolution the FY 2017 Annual Action Plan for the Item following programs funded by the U.S. Department of Housing and Urban Action: Development (HUD): Community Development Block Grant (CDBG) Approved Program, Home Investment Partnerships (HOME) Program, Emergency Solutions Grant (ESG) Program, Housing Opportunities for Persons with AIDS (HOPWA) Program. (No recommendation from Administrative Services Committee) lB Housins-and-Clommunitv Development-Department Presentation.odf B ItemAoprovalsheet.html Motions X:i1"' Motion Text Made By seconded By f"'.lilrype Motion to approve ^ receiving this item as Commissioner Commissioner D^--ooADDTOVCI I rnformation. Ben Hasan William Lockett rasstrs Motion Passes 9-0. 25. Motion to approve referring to the full Commission with no recommendation Item the matter of the reinstatement of compensation to the ex-officio Commission Action: member who serves on the Planning Commission and receive information Approved regarding which boards have provided such compensation in the past. (Approved by Administrative Services Committee September 13, 2016 deferred from the September 2012016 Commission Meeting) E Bylau's - PlanninlClommission.pdf B Ordinance resardins Plannins Commission.ndf lB Ordinance No.-7272.odf E ltemApprovalSheet.html Motions Motion Motion Textrype Motion to aPProve receiving this item as information until the Commission receives documentation from the Administrator stating the status of PaY for the ex- Approve officio member of the Planning Commission and whether anYbodY on the Board was authorizedto be paid as of 20ll since the reorganization. Mr. Sias abstains. Motion Passes 8-0 -1. Motions Motion:"""" Motion Textr ype Substitute motion to approve tasking the Administrator with getting information as to whetherAPProve the Board members were authorized to be Paid as of 2011 since the reorganization. Made By Seconded By Motion Result Commissioner Commissioner William Fennoy William Lockett Passes Made By 26. Motion to approve language for a Strategic Alliance Memorandum (SAM) Item with the U.S. Small BuJneis Administration. (Requested by Mayor Hardie Action: Davis, Jr.) APProved lE Attachment for l\tavor Davis Item.odf Commissioner Ben Hasan Seconded Motion By Result Withdraws EIts4p!I@! Office of dre Administrator Frederick L. Russell, Adminisfamr Tameka Allerg Deputy Mminirtrabr \Mlliam f . Shanahary Deputy Mministrator November 15, 2011 Mr. Andrew Mackenzie General Counsel 520 Greene Street Augusta, GA 30901 Dear Andrew: The Augusta-Richmond County Commission, at their regular meeting held on Tuesday, November 15, 2011 took action on the following items. 74. Approved an Ordinance to amend the Augusta, GA Code Title Seven Chapters One through Three Sections 7-t-79,7-!-19,2,7-L-L9.6 through 7-L-19.9,7-1-26 through 7-1-33, 7-147 through 7-1-48, 7-756,7-7- 176-2,7-t-7L6-4 through 7-7-t76-5,7-t-L36,7-2-3,7-2-63,7-?-76, andT-3-73 relating to the powers and duties of the License and lnspection Department; to repeal all Code Sections and Ordinances irT=tpnflict herewith; to provide an effective date and for other purposes. (Approved by the Augusta Commission October 18, 2011 - second reading; no action vote November L,2A!7 requested by the General Counsel) 15. Approved an Ordinance to amend the Augusta, GA Code litle Six Chapter Seven Sections 6-7-5, 6-742 through 6-743,6-7.$0, 6-7-69,6-7-90 through 6-7-91, 6-7-95 through 6-7-97, and 6-7-110 relating to the poyvers and duties ofthe license and lnspection Department; to repeal al] Code Sections and Ordinances in conflict herewith; to provide an effective date and for other purposes. (Approved by the Augusta Commission October 18, 2011 - second reading no action vote November 1, 2011 requested by the General Counsel) 16. Approved an Ordinance to amend the Augusta, GA Code Title Six Chapter Six Sections 6-5-5 and 6-6-37 through 6-5-47 relating to the powers and duties of the License and lnspeaion Department; to repeal all Code Sections and Ordinances in conflict herewith; to provide an effective date and for other purposes. (Approved by the Augusta Commission October 18, 2011 - second reading no action vote November 1, 2011 requested by the General Counsel) L7. Approved an Ordinance to amend the Augusta, GA Code Title Six Chapter Two Sections 6-2-2,6-2-5,6-2- 59 through 6-2-50, 6-2-70 through6-2-72,5-2-75 through6-2-77,6-2-103, 6-2-776,5-2-119 through 6-2- 125, and 6-2-L42 through 5-2-L43 relating to the powers and duties of the License and lnspection Department; to repeal all Code Sections and Ordinances in conflict herewith; to provide an effective date and for other purposes. (Approved by the Augusta Commission October 18, 2011 - second reading; no action vote November 7,}OLL requested by the General Counsel) 18. Approved an Ordinance to amend the Augusta, GA Code Title Six Chapters Four and Five Sections 6-4-1, 6- 4-7, and 5-5-7 relating to the powers and duties of the License and lnspection Department; to repeal alt Code Sections and Ordinances in conflict herewith; to provide an effective date and for other purposes. Room 801 - Municipal Building 530 Greere Sffeet- AUGUSIA, GA" l09OI (706) 8;4-2400 - F$( (706) 821-2819 l /$ry-augustaga-gov Mr. Andrew Mackenzie November 75,2AL1 Page 2 (Approved by the Augusta Commission October 18, 2011- - second reading; no action vote November ! 2011 requested by the General Counsel) 24. Approved the Memorandum of Understanding between Augusta and Grovetown- The purpose of this Memorandum is to Provide for the equitable distribution of sanitary sewer charges for the subdivision known as McCoys Creek Subdivision. (Approved by Engineering Services Committee November 7, ZOIL) 31' Approved an ordinance to Amend the Augusta, GA Code f itle One Article Four Section 1-7-51 Relating to the Adoption of Personnel Policies and Procedures ofAugusta, Georgia; To approve edits to the personnel Policies and Procedures Manual; To Repeal All Code Sections and Ordinances and parts of Code Sections and ordinances in conflict Herewith; To Provide an Effective Date and For other purposes. Thas code amendment does not address changes to the emptoyee disciplinary appeals process nor changes with respect to the authority of the Administrator. (Requested by Commissioner Joe Jackson) lf you have any questions, please contact me. Deputy Administrator U-15-11: *74 - #18, fr24, #31 cc: Mr. Tom Wiedmeier Commission Meeting Agenda 11/1/2016 2:00 PM Georgia Environmental Facilities Authority Department: Department: Caption:Motion to approve execution of non-binding loan application with Georgia Environmental Facilities Authority (GEFA) for a Waste to Energy Project in an amount not to exceed $62 million and transmit to GEFA by close of business November 1, 2016. (Requested by Commissioner Wayne Guilfoyle) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 11/1/2016 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