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2016-11-15-Meeting Agenda
Commission Meeting Agenda Commission Chamber 11/15/2016 2:00 PM INVOCATION:Dr. C. William Joyner, Jr., Pastor, Broadway Baptist Church. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. PRESENTATION(S) A.Presentation by General Aviation Commission Airport regarding Daniel Field Airport. (Requested by Commissioner Dennis Williams) Attachments Five (5) minute time limit per delegation DELEGATIONS B.Mr. Roy Simkins regarding New Savannah Bluff Lock and Dam. (Requested by Commissioner Marion Williams) Attachments C.Ms. Josephine Green RE: Parking spaces at 311 East Boundary, Augusta, GA Attachments CONSENT AGENDA (Items 1-22) PLANNING 1. SA-51- A request for concurrence with the Augusta Georgia Planning Commission to approve a petition to amend the Land Subdivision Regulations for Augusta Georgia by amending the following sections: · Section 302 – Development Plan – require multiple access points and interconnectivity to unsubdivided lands. · Section 400 – General Standards for Streets – require multiple access points and Attachments interconnectivity to unsubdivided lands and length of cul-de-sacs. 2. Z-16-37-SP – A request for concurrence with the Augusta Georgia Planning Commission to approve with the conditions listed below a petition by Steve Gindlesperger, on behalf of Lakemont Presbyterian Church, requesting a Special Exception to establish a church per Section 26-1 (a) of the Comprehensive Zoning Ordinance for Augusta, Georgia affecting property containing approximately 5.72 acres and is known as 411 Pleasant Home Road. Tax Map 016-0-048-00-0 DISTRICT 7 1. A field delineation of floodplain and wetlands must be performed prior to submission of a site plan. 2. Improve the internal driveway to meet the standards applicable to a private road, including a minimum paved width of 25 feet (31 feet preferable), and provide a Private Road Maintenance Agreement for both properties prior to issuance of a Certificate of Occupancy for the church. 3. No parking signs should be erected along the existing driveway / new private road. 4. Based on the Engineering Department recommendations upgrades, paid for by the applicant/develop, may be required to improve Pleasant Home Road to include a left turn center lane heading northbound, and deceleration lane and acceleration lanes for the internal driveway. 5. Every effort be made to ensure that the existing driveway at Pleasant Home Road be aligned as closely as possible with Sugar Mill Road, the intersecting street across Pleasant Home Road. 6. The project site plan must comply with all development related ordinances and regulations in effect at the time of site plan review. 7. Redevelopment of the site will trigger compliance with provision of the Tree Ordinance. Attachments 3. Z-16-38-SP – A request for concurrence with the Augusta Georgia Planning Commission to approve with the conditions listed below a petition by Nadine Pulling, PH.D. requesting a Special Exception to establish a Family Personal Care Home per Section 26-1 (h) of the Comprehensive Zoning Ordinance for Augusta, Georgia affecting property containing 0.24 acres and known as 2511 Dexter Road. Tax Map 108-0-238-00-0 DISTRICT 5 1. The home shall be staffed in three (3) 8-hour shifts on a 7-day, 24-hour basis with no staff sleeping in the home. 2. A private room shall be provided for staff to conduct business. 3. No more than four (4) clients are permitted to reside in the home based on the number and size of the existing bedrooms. 4. In order to continue to maintain a local business license, the applicant must continue to maintain a license with the State of Georgia, proof of compliance with the minimum requirements of Chapter 111.8-62.01 of the O.C.G.A must be adhered to, and the applicant must provide updated Fire department compliance for four (4) clients, and all must be provided Attachments within six (6) months of approval of this Special Exception request, or the Special Exception is void. 5. If wheelchair bound persons reside in the residence all 2010 ADA Standards for Accessible Design requirements must be met, including but not limited to: a. All doorways must be at least 3 ft. wide. b. At least one bathroom that permits a wheelchair dependent person to use all bathroom facilities unimpeded must be provided. 6. All conditions must be met prior to adding the fourth client to the personal care home. 7. If approved, staff will review the most recent area crime report to determine whether the use should continue to operate following one (1) year of the effective date of approval. 4. Z-16-39-SP – A request for concurrence with the Augusta Georgia Planning Commission to approve with the conditions listed below a petition by Nadine Pulling, PH.D., on behalf of Andy Pivovaroff, requesting a Special Exception to establish a Family Personal Care Home per Section 26-1 (h) of the Comprehensive Zoning Ordinance for Augusta, Georgia affecting property containing 0.25 acres and known as 2541 West Kensington Drive. Tax Map 107-0-521-00-0 DISTRICT 5 1. The home shall be staffed in three (3) 8-hour shifts on a 7-day, 24- hour basis with no staff sleeping in the home. 2. A private room shall be provided for staff to conduct business. 3. No more than four (4) clients are permitted to reside in the home based on the number and size of the existing bedrooms. 4. A satisfactory inspection from all applicable building inspection officials and a re-inspection by Code Enforcement must be obtained within six (6) months and prior to the applicant obtaining a local business license from Augusta, Georgia or the Special Exception is void. 5. The applicant will have to obtain a license with the State of Georgia, and proof of compliance with the minimum requirements of Chapter 111.8-62.01 of the O.C.G.A must be provided within six (6) months and the applicant must obtain a local business license from Augusta, Georgia or the Special Exception is void. 6. If wheelchair bound persons reside in the residence all 2010 ADA Standards for Accessible Design requirements must be met, including but not limited to: a. All doorways must be at least 3 ft. wide. b. At least one bathroom that permits a wheelchair dependent person to use all bathroom facilities unimpeded must be provided. 7. All conditions must be met prior to moving residents into the personal care home. 8. If approved, staff will review the most recent area crime report to determine whether the use should continue to operate following one (1) year of the effective date of approval. Attachments 5. Z-16-40 – A request for concurrence with the Augusta Georgia Planning Attachments Commission to approve with the conditions listed below a petition by Columbia Ventures LLC & Augusta Housing & Development, on behalf of Kamloops/Shoshone LLC & Augusta Land Bank Authority, requesting a change of zoning from Zones B-2 (General Business), R- 3C (Multiple-family Residential) and R-2 (Two-family Residential) to Zone PUD (Planned Unit Development) to establish a mixed use development affecting the following property: Tract A: Beginning at a point located on the southeast right-of-way line of the intersection of Wrightsboro Road and McCauley Street containing three parcels with approximately 4.97 acres made up of 35 existing tax parcels. A complete list of addresses and tax parcels is available in the office of the Planning and Development Department. DISTRICT 1 Tract B: Beginning at a point located where the northwest right-of-way line of McCauley Street intersects the southeast right-of-way line of Railroad Avenue containing approximately 2.44 acres known as 1492, 1494 and 1482 Railroad Avenue. Tax Map 045-4-215-01-0, 045-4-208-00-0 and 045-4-212-00-0 DISTRICT 1 1. The project should adhere to the concept plan dated September 30, 2016 and submitted with the rezoning application. Major components of the concept plan include: a. Maximum number of buildings will be six (6) buildings; maximum number of units will be 221 units. b. Height of buildings will be four (4) stories for Building 1 and three (3) stories for all other buildings within the development. c. No more than eight (8) ground-floor units in Building 1, facing Wrightsboro Road, may be used for commercial purposes. d. Open space must consist of a minimum of 2.39 acres and be a minimum of 32.19% of the overall development. e. 384 surface parking spaces; 10% of these parking spaces for compact parking spaces. f. Leasing space, a pool, a fitness center, a club room and business center amenities must be provided within the overall development. g. Sustainable features such as trees and shrubs, streetscape furniture, lighting, bicycle parking spaces, green stormwater management techniques, pocket parks, a dog park and areas improved for aesthetic appeal. 2. All new or relocated water and sewer lines must be approved by the Augusta Utilities Department prior to the submittal of a site plan. 3. Power for the project should be installed underground if feasible. 4. A right-in / right-out only turn lane be installed at the McCauley Street / Wrightsboro Road intersection according to specifications from the Augusta Traffic Engineer. 5. A five (5) foot sidewalk be installed along the project side of Wrightsboro Road and on both sides of McCauley Street within the project area. Five (5) foot sidewalks will also be constructed throughout the development pursuant to the Concept Plan submitted with the rezoning application. 6. Adherence to the Preliminary Tree / Landscape Sketch submitted October 19, 2016 as part of the rezoning package; any minor deviations from the Preliminary Tree / Landscape Sketch must be approved by the Planning Director prior to the submittal of a Site Plan for the development. 7. PUD Documents must be submitted prior to final site plan approval / commencement of construction. PUBLIC SERVICES 6.Motion to approve the 2017 Cooperative Agreement with CSRA Regional Commission for Senior Nutrition Services for Augusta, GA. (Approved by Public Services Committee November 8, 2016) Attachments 7.Motion to renew the Sec. 5311 Rural Transit grant application between the Georgia Department of Transportation (GDOT) and Augusta, Georgia for July 1, 2017 to June 30, 2018. (Approved by Public Services Committee November 8, 2016) Attachments 8.Motion to approve New Application: A.N. 16-36: request by Milton L. Allen II for an on premise consumption Liquor License to be used in connection with American Legion Screen and Ramsey Post 505 located at 1678 15th Street. There will be Dance. District 1. Super District 9. (Approved by Public Services Committee November 8, 2016) Attachments 9.Motion to approve a request by the Planning & Development Department to renew all the existing Alcohol Beverage Licenses in the City of Augusta. This will include all Adult Entertainment Establishments. There will be Sunday Sales. There will be Dance. Districts 1 thru 8. Super Districts 9 and 10. (Approved by Public Services Committee November 8, 2016) Attachments 10.Motion to approve McCarthy Improvement Company Contract Modification #5 - Rehabilitate Air Carrier and General Aviation Apron. (Approved by Public Services Committee November 8, 2016) Attachments 11.Motion to approve Beam's Contracting Change Order #6 - Southwest Development Area Access Road. (Approved by Public Services Committee November 8, 2016). Attachments 12.Motion to approve the contract with McCarthy Improvement Company for the Reconstruction & Extension of Taxiway A Bid Item 16-209 (Approved by Public Services Committee November 8, 2016) Attachments 13.Motion to adopt a Memorandum of Understanding for Professional Services related to Public Art between the Greater Augusta Arts Council and Augusta, Georgia. (Approved by Public Services Committee November 8, 2016) Attachments 14.Motion to approve the Greater Augusta Arts Council’s Public Art Policy dated 10-18-2016. (Approved by Public Services Committee November 8, 2016) Attachments 15.Motion to approve a Resolution authorizing the filing of an application for Fiscal Year 2018 Federal Transit Administration (FTA) Section 5303 Metropolitan Planning Grant. (Approved by Public Services & Finance Committees November 8, 2016) Attachments 16.Motion to approve a request by Amy JoAnn Pollock for a Therapeutic Massage Operators License to be used in connection with Hand Over Stress located at 601 Shartom Dr. District 7. Super District 10. (Approved by Public Services Committee November 8, 2016) Attachments ADMINISTRATIVE SERVICES 17.Motion to approve the purchase of 9 F-150 4X4 Trucks for Engineering- Storm Water Division, supporting Maintenance Coordinators, using Storm Water Capital, fund 581. Bid Item 16-235 (Approved by Administrative Services Committee November 8, 2016) Attachments 18.Motion to approve proposed changes to the Augusta Commission's Rules of Procedures as recommended from the Rules Subcommittee. (Approved by Administrative Services Committee November 8, 2016) Attachments PUBLIC SAFETY 19.Motion to approve an addendum to Juvenile Justice Incentive Grant MOU Agreement with Community Solutions, Inc. Grant #Y17-8-002. (Approved by Public Safety Committee November 8, 2016) Attachments 20.Motion to approve Agreement with Harris Computer to Update Configuration and Capability of Existing System. (Approved by Public Safety Committee November 8, 2016) Attachments ENGINEERING SERVICES 21.Motion to approve professional services contract with WK Dickson for Phases 1 and 2 of the Camp Hancock Sewer Basin Outfall IRP in the amount of $313,150.00. (Approved by Engineering Services Committee November 8, 2016) Attachments PETITIONS AND COMMUNICATIONS 22.Motion to approve the minutes of the regular meeting of the Commission held November 1, 2016 and Special Called Meeting November 8, 2016. Attachments ****END CONSENT AGENDA**** AUGUSTA COMMISSION 11/15/2016 AUGUSTA COMMISSION REGULAR AGENDA 11/15/2016 (Items 23-27) PUBLIC SERVICES 23.Motion to approve the FY 2017 Transit Planning Services contract between Augusta, Georgia and the Georgia Department of Transportation. Attachments PUBLIC SAFETY Upcoming Meetings www.augustaga.gov 24.Motion to authorize the Law Department to prepare a proposed amendment for the Animal Services ordinance adopted earlier this year to incorporate recent changes to state law and to amend the Animal Services Advisory Board By-Laws Section XX. (No recommendation from Public Safety Committee November 8, 2016) Attachments FINANCE 25.Motion to approve proposed FY 2017 budget for Augusta Georgia.Attachments APPOINTMENT(S) 26.Motion to approve the appointment of Mr. Butch Gallop to the Augusta Economic Development Authority to the seat held by Ron Brown. (Requested by Commissioner Bill Fennoy) Attachments LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 27.Motion to approve execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Commission Meeting Agenda 11/15/2016 2:00 PM Invocation Department: Department: Caption:Dr. C. William Joyner, Jr., Pastor, Broadway Baptist Church. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 11/15/2016 2:00 PM General Aviation Commission Department:Daniel Field Airport Department:Daniel Field Airport Caption:Presentation by General Aviation Commission 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 11/15/2016 2:00 PM Roy Simkins Department: Department: Caption:Mr. Roy Simkins regarding New Savannah Bluff Lock and Dam. (Requested by Commissioner Marion Williams) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 11/15/2016 2:00 PM Josephine Green Department: Department: Caption:Ms. Josephine Green RE: Parking spaces at 311 East Boundary, Augusta, GA Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo AGENDA ITEM REQUEST FORM Commission meetings: First and third Tuesdays of each month - 2:00 p.m. Commiffee meetings: Second and last Mondays of each month - l2:4s to 1:05 p.m. Commission/Committee:(Please check one and insert meeting date) Commission Date of Meeting Public Safety Committee Date of Meeting Public Services Committee Date of Meeting Administrative Services Committee Date of Meeting Engineering Services Committee Date of Meeting Finance Committee Date of Meeting contact Information for IndividuauPresenter Making the Request: Name:o3<-Ai,-, g Gr..,i Address: Telephone Number: Fax Number: E-Mail Address: Caption/Topic of Discussion to be placed on the Agenda: 7?4(- 3tl tes+ $u-rnCn"'P fu,1r,]a,64%vq ;/a a, r lC,'r.l S 45 ^- CH Please send this request form to the following address: Ms. Lena J. Bonner Clerk of Commission Room 806 Municipal Building 530 Greene Street Augusta, GA 30901 Telephone Number: 706-821-1820 Fax Number: 70G821-1838 E-MailAddress: lbonner@augustaga.gov Requests may be faxed, e-mailed or delivered in person and must be received in the Clerk'sOffice no later than 5:00 p.m. on the Wednesday preceding the Commission meeting and5:00 p.m. on the Tuesday preceding the Committee meeting of the following week. A five-minute time limit will be allowed for presentations. Commission Meeting Agenda 11/15/2016 2:00 PM SA-51 Department:Planning Commission Department:Planning Commission Caption: SA-51- A request for concurrence with the Augusta Georgia Planning Commission to approve a petition to amend the Land Subdivision Regulations for Augusta Georgia by amending the following sections: · Section 302 – Development Plan – require multiple access points and interconnectivity to unsubdivided lands. · Section 400 – General Standards for Streets – require multiple access points and interconnectivity to unsubdivided lands and length of cul-de-sacs. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 11/15/2016 2:00 PM Z-16-37-SP Department:Planning Commission Department:Planning Commission Caption: Z-16-37-SP – A request for concurrence with the Augusta Georgia Planning Commission to approve with the conditions listed below a petition by Steve Gindlesperger, on behalf of Lakemont Presbyterian Church, requesting a Special Exception to establish a church per Section 26-1 (a) of the Comprehensive Zoning Ordinance for Augusta, Georgia affecting property containing approximately 5.72 acres and is known as 411 Pleasant Home Road. Tax Map 016-0-048-00-0 DISTRICT 7 1. A field delineation of floodplain and wetlands must be performed prior to submission of a site plan. 2. Improve the internal driveway to meet the standards applicable to a private road, including a minimum paved width of 25 feet (31 feet preferable), and provide a Private Road Maintenance Agreement for both properties prior to issuance of a Certificate of Occupancy for the church. 3. No parking signs should be erected along the existing driveway / new private road. 4. Based on the Engineering Department recommendations upgrades, paid for by the applicant/develop, may be required to improve Pleasant Home Road to include a left turn center lane heading northbound, and deceleration lane and acceleration lanes for the internal driveway. 5. Every effort be made to ensure that the existing driveway at Pleasant Home Road be aligned as closely as possible with Sugar Mill Road, the intersecting street across Pleasant Home Road. 6. The project site plan must comply with all development related ordinances and regulations in effect at the time of site plan review. 7. Redevelopment of the site will trigger compliance with provision of the Tree Ordinance. Background: Analysis: Financial Impact:Cover Memo Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 11/15/2016 2:00 PM Z-16-38-SP Department:Planning Commission Department:Planning Commission Caption: Z-16-38-SP – A request for concurrence with the Augusta Georgia Planning Commission to approve with the conditions listed below a petition by Nadine Pulling, PH.D. requesting a Special Exception to establish a Family Personal Care Home per Section 26-1 (h) of the Comprehensive Zoning Ordinance for Augusta, Georgia affecting property containing 0.24 acres and known as 2511 Dexter Road. Tax Map 108-0-238-00-0 DISTRICT 5 1. The home shall be staffed in three (3) 8-hour shifts on a 7-day, 24-hour basis with no staff sleeping in the home. 2. A private room shall be provided for staff to conduct business. 3. No more than four (4) clients are permitted to reside in the home based on the number and size of the existing bedrooms. 4. In order to continue to maintain a local business license, the applicant must continue to maintain a license with the State of Georgia, proof of compliance with the minimum requirements of Chapter 111.8-62.01 of the O.C.G.A must be adhered to, and the applicant must provide updated Fire department compliance for four (4) clients, and all must be provided within six (6) months of approval of this Special Exception request, or the Special Exception is void. 5. If wheelchair bound persons reside in the residence all 2010 ADA Standards for Accessible Design requirements must be met, including but not limited to: a. All doorways must be at least 3 ft. wide. b. At least one bathroom that permits a wheelchair dependent person to use all bathroom facilities unimpeded must be provided. 6. All conditions must be met prior to adding the fourth client to the personal care home. 7. If approved, staff will review the most recent area crime report to determine whether the use should continue to operate following one (1) year of the effective date of approval. Background: Analysis:Cover Memo Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 11/15/2016 2:00 PM Z-16-39-SP Department:Planning Commission Department:Planning Commission Caption: Z-16-39-SP – A request for concurrence with the Augusta Georgia Planning Commission to approve with the conditions listed below a petition by Nadine Pulling, PH.D., on behalf of Andy Pivovaroff, requesting a Special Exception to establish a Family Personal Care Home per Section 26-1 (h) of the Comprehensive Zoning Ordinance for Augusta, Georgia affecting property containing 0.25 acres and known as 2541 West Kensington Drive. Tax Map 107-0-521-00-0 DISTRICT 5 1. The home shall be staffed in three (3) 8-hour shifts on a 7-day, 24-hour basis with no staff sleeping in the home. 2. A private room shall be provided for staff to conduct business. 3. No more than four (4) clients are permitted to reside in the home based on the number and size of the existing bedrooms. 4. A satisfactory inspection from all applicable building inspection officials and a re-inspection by Code Enforcement must be obtained within six (6) months and prior to the applicant obtaining a local business license from Augusta, Georgia or the Special Exception is void. 5. The applicant will have to obtain a license with the State of Georgia, and proof of compliance with the minimum requirements of Chapter 111.8-62.01 of the O.C.G.A must be provided within six (6) months and the applicant must obtain a local business license from Augusta, Georgia or the Special Exception is void. 6. If wheelchair bound persons reside in the residence all 2010 ADA Standards for Accessible Design requirements must be met, including but not limited to: a. All doorways must be at least 3 ft. wide. b. At least one bathroom that permits a wheelchair dependent person to use all bathroom facilities unimpeded must be provided. 7. All conditions must be met prior to moving residents into the personal care home. 8. If approved, staff will review the most recent area crime report to determine whether the use should continue to operate following one (1) year of the effective date of approval. Background:Cover Memo Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 11/15/2016 2:00 PM Z-16-40 Department:Planning Commission Department:Planning Commission Caption:Z-16-40 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the conditions listed below a petition by Columbia Ventures LLC & Augusta Housing & Development, on behalf of Kamloops/Shoshone LLC & Augusta Land Bank Authority, requesting a change of zoning from Zones B-2 (General Business), R-3C (Multiple-family Residential) and R-2 (Two-family Residential) to Zone PUD (Planned Unit Development) to establish a mixed use development affecting the following property: Tract A: Beginning at a point located on the southeast right-of-way line of the intersection of Wrightsboro Road and McCauley Street containing three parcels with approximately 4.97 acres made up of 35 existing tax parcels. A complete list of addresses and tax parcels is available in the office of the Planning and Development Department. DISTRICT 1 Tract B: Beginning at a point located where the northwest right- of-way line of McCauley Street intersects the southeast right-of- way line of Railroad Avenue containing approximately 2.44 acres known as 1492, 1494 and 1482 Railroad Avenue. Tax Map 045-4- 215-01-0, 045-4-208-00-0 and 045-4-212-00-0 DISTRICT 1 1. The project should adhere to the concept plan dated September 30, 2016 and submitted with the rezoning application. Major components of the concept plan include: a. Maximum number of buildings will be six (6) buildings; maximum number of units will be 221 units. b. Height of buildings will be four (4) stories for Building 1 and three (3) stories for all other buildings within the development. c. No more than eight (8) ground-floor units in Building 1, facing Wrightsboro Road, may be used for commercial purposes. d. Open space must consist of a minimum of 2.39 acres and be a minimum of 32.19% of the overall development. e. 384 surface parking spaces; 10% of these parking spaces for compact parking spaces. f. Leasing space, a pool, a fitness center, a club room and business center amenities must be provided within the overall development. g. Sustainable features such as trees and shrubs, streetscape furniture, lighting, bicycle parking spaces, green stormwater management techniques, pocket Cover Memo parks, a dog park and areas improved for aesthetic appeal. 2. All new or relocated water and sewer lines must be approved by the Augusta Utilities Department prior to the submittal of a site plan. 3. Power for the project should be installed underground if feasible. 4. A right-in / right-out only turn lane be installed at the McCauley Street / Wrightsboro Road intersection according to specifications from the Augusta Traffic Engineer. 5. A five (5) foot sidewalk be installed along the project side of Wrightsboro Road and on both sides of McCauley Street within the project area. Five (5) foot sidewalks will also be constructed throughout the development pursuant to the Concept Plan submitted with the rezoning application. 6. Adherence to the Preliminary Tree / Landscape Sketch submitted October 19, 2016 as part of the rezoning package; any minor deviations from the Preliminary Tree / Landscape Sketch must be approved by the Planning Director prior to the submittal of a Site Plan for the development. 7. PUD Documents must be submitted prior to final site plan approval / commencement of construction. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 11/15/2016 2:00 PM 2017 Cooperative Agreement for Senior Nutrition Program Department:Recreation and Parks Department:Recreation and Parks Caption:Motion to approve the 2017 Cooperative Agreement with CSRA Regional Commission for Senior Nutrition Services for Augusta, GA. (Approved by Public Services Committee November 8, 2016) Background:The Augusta Recreation and Parks Department operates six senior nutrition sites throughout the county through a partnership with the CSRA Regional Commission which provides state and federal grant funds to provide 83,362 meals to senior.citizens including the home delivery program. Analysis:The agreement provides the mechanism for Augusta, Georgia to receive $337,291.14 in 2017. Financial Impact:Augusta’s match for the 2017 Agreement is $18,664.60. Alternatives:1. To approve the 2017 Cooperative Agreement with CSRA Regional Commission for Senior Nutrition Services for Augusta, GA. 2. To deny, this would result in forfeiting grant funds and possibly terminating the program Recommendation:1. To approve the 2017Cooperative Agreement with CSRA Regional Commission for Senior Nutrition Services for Augusta, GA Funds are Available in the Following Accounts: 220054322 REVIEWED AND APPROVED BY:Cover Memo Finance. Law. Administrator. Clerk of Commission Cover Memo SECT|Oi{ I CSRA REGIOI{AL COMMISSIO . AREA AGCNCY ON AGIT{G COOPCRATIV€ SUBGRANT AGREEMENT TITLE IIIANO NSINUTRITION MEALS FiscalYear 2017 RDC AAA qualilied Nutrition Program Food Vendor: COMPA5S GROUP USA l C., by ard through its BATEMAN division FiscalYear 2017 Unit Cost for All Meal Types: $ 4.27 The followingtable outlines the mealsthat have b€en approved for yourjurisdiction for the FY 2017. MealTypes: Title lll C-1 ConSregate Meals (requires a 10 p€rcent matchl Title lll C-2 Home-Delivered Meals (rcquires. 10 percent match) Sl-Cont Congregate Meals {no match required) NSI-HO Home-Delive.ed Meals lno match requi.edl sl - st.le - conS congre8ate Meals {no match required) l{Sl - State - Mow Home-Delivered Meals lno natch requiredl l{Sl - SSBG - MOw Home-Delive.ed Meals lho match requiredl Ahnuol Number ol Maols Alloted 8y Cohgory Jurisdiction l'itle lll C1 Title lll C2 Sl-Cohg NSI-HO NSI-SSSG-MOW a{Sl-State-MOW Total Richmond 43,71L - 7,234 9,552 22,461 83,352 Dolldr Volue o, Meols By Cotegory Funding Title lll C1 Title lllC2 NSI-Conr NSI-IID NSI-SSBG-MOW NSI-State-MOW Toial l{ote that this agreement includes the preliminary planninS allocation for mealsfromthe CSRA RC and that finelallocation numbersare subjeci to change based on linal state allocations. AllSite meals are purchased voluntarily bythe local ju.isd iction. Pa.agraph l ofthe aitached Cooperative Ag.eement d uly notes the right to alter finalnumbers based on lundinS availability. .Note: Title lllCl and C2 meals willbe reimbursed bythe RC at ninety(90) percent oftheir value (i.e. 54.27x 0.9 equals 93.85). Site Cl and Site C2 meals arevoluntarily provided bythe community and are not reimbursed bythe RC and thererore not shown in this agreement. Period ic adj ustmenls may be made during the course of the year io allocate unused meals in the reSion to other areas ot need or based on reductions in staiefunds. RcFunds: S 162981.37 S - S S 30,906.26 S 40,787.04 5 97,6L6,47 5 311,29L,14 LocalMatch: S 1&664.50 $ S S S $ S 18,554.50 Totalcost: s 186545.97 $ - s s 30,906.26 s 40,787.04 5 97,6L6,47 s 35s,9s5.74 Coop€rative ASreement t2too 06l3ol2016 Commission Meeting Agenda 11/15/2016 2:00 PM 5311 Rural Grant Department:Augusta Public Transit Department:Augusta Public Transit Caption:Motion to renew the Sec. 5311 Rural Transit grant application between the Georgia Department of Transportation (GDOT) and Augusta, Georgia for July 1, 2017 to June 30, 2018. (Approved by Public Services Committee November 8, 2016) Background:The Augusta-Richmond County Commission annually approves Augusta Public Transit’s Sec. 5311 Rural Transit grant application for providing rural transportation service to the citizens of Augusta-Richmond County. Analysis:The renewal of this contract will allow Augusta Public Transit to continue providing Rural transportation service to the citizens of Rural Augusta-Richmond County Financial Impact:The Augusta-Richmond County share of the budget for the grant period beginning July 1, 2017 to June 30, 2018 is approximately $157,815. The allocated funding breakdown is: Capital $283,951 80/10/10 Split Federal $ 37,602 State $ 4,700 Local $ 4,700 Operations $47,002 50/50 Split Federal $141,975 Local $141,976 Alternatives:Deny request. Recommendation:Approve the submission of the grant. Funds are Available in the Following Accounts: Rural Transit Budget for 7/1/17 and 6/30/18. REVIEWED AND APPROVED BY:Cover Memo Finance. Law. Administrator. Clerk of Commission Cover Memo l. AUTHORIZING RESOLUTION RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH TIIE GEORGIA DEPARTMENT OF TRANSPORTATION AIID THE TII{ITBD STATES DEPARTMENT OF TRANSPORTATION FOR A GRANT FOR PUBLIC TRANSPORTATION ASSISTANCE T]I{DER SECTION 5311 OF THE FEDERAL TRANSIT LAWS TJNDER CHAPTER 53 OF TITLE 49 U.S.C. WHEREAS, the Federal Transit Administration and the Georgia Department of Transportation are authorized to make grants to non-urbanized (rural) areas for mass transportation projects; and WHEREAS, the conffact for financial assistance will impose certain obligations upon Applicant, including the provision by it of the local share of project costs; and WHEREAS, it is required by the United States Department of Transportation and the Georgia Department of Transportation in accord with the provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an application for assistance under the Federal Transit Act, the applicant gives an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and under the United States Department of Transportation requirements thereunder; and NOW THEREFORE, BE IT RESOLVED BY Aususta-Richmond County (Aususta. Georsia - A oolitical subdivision of the State of Georsia. AKA Richmond Countv). hereinafter referred to as the "APPLICANT", That the (Mavor Hardie Davis. Jr.) hereinafter referred to as the "Official is authorized to execute and file an application on the behalf of the Applicant, a CityiCounty government, with the Georgia Department of Transportation to aid in the financing ofpublic transportation assistance pursuant to Section 53 I 1 of the Federal Transit Act. That the Official is authorized to execute and file such application and assurances or any other document required by the U.S. Department of Transportation and the Georgia Department of Transportation effectuating the purpose of Title VI of the Civil Rights Act of 1964. That the Official is authorized to execute and file all other standard assurances or any other document required by the Georgia Department of Transportation or the U.S. Department of Transportation in connection with the application for public transportation assistance. That the Official is authorized to furnish such additional information as the U.S. Department of Transportation or the Georgia Department of Transportation may require in connection with the application ofthe project. That the Official is authorized to execute grant contract agreements on behalf of the Applicant with the Georgia Department of Transportation in connection with the application for public transportation assistance. That the applicant while making application to or receiving grants from the Federal Transit Administration will comply with FTA Circular 9040.1G, FTA Certifications and Assurances for Federal Assistance 2018 as listed in this grant application and General Operating Guidelines as illustrated in the Georgia State Management Plan and Administrative Guidefor Rural Public Transportation Programs. That the applicant has or will have available in the General Fund the required non- Federal funds to meet local share requirements. 2. J. 4. 5. 6. 7. APPROVED AND ADOPTED this day o(,2016. Authorized Oflicial Hardie Davis, Jr., Mayor TypeName and Title Signed, sealed and delivered this day of-r2016 in the presence of Notary Public/Ilotary Seal CERTIFICATE The undersigned duly qualified and acting (Clerk of Commission) of (Aususta-Richmond (Aueusta. Georsia - A political subdivision of the State of Georgia. AKA Richmond Countv) certifies that the foregoing is a true and correct copy of a resolution adopted at a legally convened meeting held on ,2016. Name of Certifying/Attesting Offi cer County Seal Title of Certifying/Attesting Oflicer (L g? _$!(o';5 INO-Oco5A (E d)oq oE')E3d)6trNA!o iiE-A(lI$E {AE'(E F 5ro or*(\txd"RE$gl o ooo s6i\LhkoiYTd(A(L Fz toJ tlNEoD@cixItd,BA{alvtul(, z F() tFzoo Ea-z(!<Etrt\FoEl2Xtr E<G oljA EtDv l-1E H6or-fE=< d e; ;c!o-6o Or4e' =.hd8 ooo)(cj c!r-- oo)o-N tft @@ 8S 8H!siE(a oE flL6ooJ Go0-E;.o.9=- >i5v!Oo aLD(,'EtEd;gP3d itro(I, o?oO.O- ooI o E0)c-ob9AULO€cicvtO= ", g EE 2 =EE@EA! 0) (ool9 a c= = aA 3 eB E 36 -o 9i = EE: S! =EE o B!) .s .sl - 9 o! d !^ .!l d !; = o oX -!9 c!+ * >= o oOEF;r --e 3 g= E bE 3 ;r i =o cO o= I =9 # .e6 P eo : aJ- o :i @ =o .: a;r 9i6 ? 6E : E= 3 H-Uflio@C) oq |r) O)- (r)@N@ oooloJlr).OrrO(')ui(E (f)@ oo C;@ ss@NqqNNN I.- ooqc Or f.- (f)(o- oq o) ro(ost@N@ ooF E)c (u oo.o oz 6I o.r 6Ec>e&EEo6 5i rrc>egbF- .9, @au)5uto-J c;|r) ofco 0)t6og aOoq)-'z 2ooo)orn oE:'xrtLUo i-EDOTE 6(r)E<rog9eoro oot =-aag@aot!uJFJJ dois$ .o 6t6 -6gtro-L'rE>o 9o @.= C6L!uE6 E eo $* o.E ILcE :t = Eb- E*_(E(E J J Y=-- )\&:7.:L;:.f-9:+ il -;Bgssa;#8E86 H E €::€€€€rfrESEpEEE{d 3 3 665 6 g 3 3 r" 9 5 5.7 E & (f) $ rr) (O N @ Or O r N (f) $ lf) (O N @ O) O(o (fro (')o(o (o s s s s rt $ s s s rt lo 6oFo (u .o.= EE g (Eo-oC)c F'a EE .^e:i 6(5 (EF Eo$ r?3 8E EE PE gg: EE.PSE Hs ::FfietEEE 9Eg:EeeeP oo>L>o=rLOIcOOOO t dN doicj-ni ro + dtciN@dd;O -NNNNNNNc!NN(r)d) f;}F- r,E$ 3,rffEE EgE€ HEEs.9 -sqH9? frb I E E pE F 6 f H: ; EBE;E!e8 Eg5 EEsE -c.i<.jsrrj<or.-aioP; :P: I c{o)N t-.st$@ Nq N F*- $\t E(\t d(') otr ? = f^loll1llFll.}UE =o.,o.. 'ii cE=t.9 E @)btr@cLbLclgE o-5ooah *i oga! .2U'E FOIIJ :o6onfbtr _: ?l l; ltl # llE tlf ll'E 6t l<l -b F' El inE E l3l E l_llEl6 I I E llllrltr I lglslllfl I ltgto I llsl .uL: $ EE $"-'6co= E.UEE5(ElYclaoao AUGUSTA, GEORGIA New Gnnt ProporeUApplicrtion Bcfort e DcprrrrncoUt3clcy E.y ryply for tbc anlt/errrd on bclrlf of Au3ur rucLoood Cortrty, tbc, rud fra ebrrb tpprontr[nrlurt fma tbc Adoinirtretor rd ttr Fluoc Dlrccor. fb Adulrtlntorrvil obtrb bblrrtior or tlc anrl prqnu-roa rcqulrcncntr fmu llc fuldhg 4cac1 ud rlvhr tlcc fcr hulbtiy to darnhc lltllr gnrUrrrrd IS b.r.ff Arttj.Rldnond Comty. Tltc Flnrncc lXrctor rlll rcvlcr Oc fuldll3 rcqutrrnclt lo &tttolrt lf Oc anu rllt Or rllbb otr burfaJtructrrt tnd llorlcld 3olb. Propod Projcc No. Profca Tidc PR00m69 T&ANSTT 53il R|.IRALTMNSIf 20t75tS- Runl Tnnrit J3l t runl Trasir Rerit rpplkdrm bawccn rb. OGor3;E Dqartment of Traasporratbn (GDOT) ard AugufA Gcorgia Mrtcbiry Fundiag reguircd: Ycs. 50'/c on Opcnting cxpensc to'lr on Cepital Sourcc of Mach: Trrnsir Budgcr 201 ? EEO Rcquircd (YN): l.io EEO Dcpt Notificd: No $rrr Drtc! 0?/0lDOl7 Srbmlt Drte ltrcp,t2Ll6 Torll Budtctcd AlDorrr: 330,954.00 Sponsor: GMootj Sponror T1pG: PT Purposc: 20 Ead Drfr: 0611012018 Dcprdncot; 091 Totrl fuodiog Agcacy: US DOT Pess tbru Fdcrel Public Transit Conlrcts RECEIvED ADMINISTRAIOR'S OFFICE Nov - 7 2016 AU gUSIq.ilCHt\,lCND COUNIY Tranrit Crrh Mrtch? Y I t4,2?t.00 Tonl Crl Mrlct: ,6,676.U Fbr Tbru lD: GM0006 GDOT Typc lD llrrrc pboc GMt0!s Doncry, Sharon (?06)12r-!ilt Trpc _ELFA PATSTEPHENS ApprovelsIhlt lll04.n0l6 Dcpt Sl3nrturc: G rot Coordio.tor Slgrrtu rt: l.) I havc revicscd thc Gnnt epplicrtion rnd enclord marerials end: fi*n gr-l,srryard ro bc fcasiblc to thc nccds of Augusta Richmoad Countl o Den)'thc rcqucst ,Oor^^ -dr . )^-Qgr "- ---Financc Dirtctor thc rcqucst tt_ tab Datc 2.1 )Kcreviewed rhe Granr applicrrion snd cncloscd msrdsls tnd: l, Apptove rhc Dcpsnrncnt Agenc] to movc forwrrd with the application ru.; Jvr ts - DnnKUN t l-l lEt{y prgc Rrpon: GM | 0O0_PROPOSAL - GM I fiX): Granls Mrnlgcmcnt: r Cr,larl Drts Carr..l Tlrl I 10711016 l3:l ?: I 5 AUGUSTA, GEORGIA New Grrnt PropooeUApplicetion Bcfort r lhgrrtoanU4clcy ttrry rpply for thc anaUrrrrt or Dcbrlf of Auluil mcfroDd Couty, drcy lurr lirl obtrh tpprovrlriSnturc lror thc Adnioirlntor rnd llr Finrnct lXnctor. Ttc Adnlabtnror wlll oDuh lrforredoa o! lic grrla p!!!6r rndrtquircmcotr fipn tbc frrndh3 ttcttc] etd rwku ttc br fcululity io dctcnlar lf &ir gnlUrrrd r{u bceGlh AcrnrRicbnond Coorty, Thc Fiarncc Diroctor rilt rcvlcr tc fudi4 rcquimusrr ro dcr.rnh; lf$c anil wlll ltr rhlla olr bufiartnrclurc md finrncLl gorlr. Propoll Projccr No. ProjGGr Tith Tbir forn wlll lbo bl urcd ro pruvidc Oc crtrnrel erditon vltl illoruttbe on rll tr.tr6 lor corplimc rodccldllcrtion r:quimcnts u rcquircd by thc Srrtc rad Fodcnt Govcnucot Ug: SDI la04 - SIIARON DOTIERY pr3c crr..t D.r.: tltr tZOt6 Rcpor: GMI0fi)_PROPOSAI. - G[,]1000: Greals Managcmcnt:]Crrrtll Tar.: l3:17 lS ADDITIONAI, INFORMATION AS REQUESTED BY THE PIELIC SERVICES COMMITTEE NOV. 8, 2016 ITEM /I7 AUGUSTA PUBLIC TRANSIT PATRICK G. STEPHENS, TRANSIT DIRECTOR Agenda ltem: Edition: DATf,: TO: THROUGH: FROM: SUBJECT: October 31,2016 Honorable Hardie Davis, Jr. Mayor Mary Davis, Chairman, Public Services Committee Dennis Williams, Vice Chairman Bill Fennoy Marion Williams Janice Allen Jackson, Administrator Patrick G. Stephens, Transit Director Augusta Public Transit 531 I Rural Transit Grant Application CAPTION: A motion to renew the Sec. 531 I Rural Transit grant application between the Georgia Depaffment of Transportatioa (GDOT) and Augusta, Georgia for July 1 ,2017 to June 30, 20 I 8. BACKGROUND: The Augusta-Richmond County Commission annually approves Augusta Public Transit's Sec. 531 1 Rural Transit grant application for providing Rural transportation service to the citizens of Augusta-Richmond County. AIIALYSIS: The renewal of this contract will allow Augusta Public Transit to continue providing Rural transportation service to the citizens of Rural Augusta-Richmond county. FINANCIAL IMPACT: The Augusta-Richmond County share of the budger for the grant period beginning July l, 2017 to June 30, 2018 is approximately $146,676. The allocated funding breakdown is: Capital Operation $ 47,002$ 283.9s t$ 330,953 Split 80/r0/10 Federal State$ 37,602 $4,700 Local$ 4,70050/s0 $ 141.975 914t.976$ 179,577 $4,700 $146,676 ALTERNATIVES: Deny request. R-ECOMMENDATION: Approve REQUESTED AGENDA DATE: the submission of the grant. Augusta Public Transit 1535 Fenwick Street - Augusta GA 3090 |('1M\ 821-r72t - Fax (706) B2t-t752 www,augustaga-goy AGENDA ITEM EDITION PAGE 2 DEPARTMENT DIRECTOR: FUNDS AVAILABLE IN THE FOLLOWING ACCOLTNTS: RuralTransit Budget for 7/l/17 and (rl30ll8. FTNANCE: ADMINISTRATOR: Commission Meeting Agenda 11/15/2016 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Application: A.N. 16-36: request by Milton L. Allen II for an on premise consumption Liquor License to be used in connection with American Legion Screen and Ramsey Post 505 located at 1678 15th Street. There will be Dance. District 1. Super District 9. (Approved by Public Services Committee November 8, 2016) Background:This is an existing location. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance Financial Impact:The applicant will pay a pro-rated fee of $1,557.50. Alternatives: Recommendation:The Planning & Development Department recommend approval. The R.C.S.O. recommend approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Law Administrator Clerk of Commission Cover Memo Commission Meeting Agenda 11/15/2016 2:00 PM Alcohol Renewals Department:Planning & Development Department:Planning & Development Caption:Motion to approve a request by the Planning & Development Department to renew all the existing Alcohol Beverage Licenses in the City of Augusta. This will include all Adult Entertainment Establishments. There will be Sunday Sales. There will be Dance. Districts 1 thru 8. Super Districts 9 and 10. (Approved by Public Services Committee November 8, 2016) Background:This is the yearly renewal of all Alcohol and adult Entertainment Licenses as well as regulated licenses associated with them. Analysis:The applicants meet the requirements for renewal of their current licenses. Financial Impact: Alternatives: Recommendation:Planning & Development recommend approval. The R.C.S.O. recommend approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Law Administrator Clerk of Commission Cover Memo Commission Meeting Agenda 11/15/2016 2:00 PM CONTRACT MODIFICATION #5 – McCARTHY IMPROVEMENT COMPANY – REHABILITATE AIR CARRIER AND GENERAL AVIATION APRON Department:Augusta Regional Airport Department:Augusta Regional Airport Caption:Motion to approve McCarthy Improvement Company Contract Modification #5 - Rehabilitate Air Carrier and General Aviation Apron. (Approved by Public Services Committee November 8, 2016) Background:The primary focus of this project is the reconstruction of the pavement and subgrade for the air carrier and general aviation apron. This project reconstructed the apron on the east and south sides of the commercial service terminal and on the east side of the FBO. The existing asphalt pavement was replaced with concrete pavement which should reduce the maintenance cost for the Airport moving forward. In addition to this work, the project also provides improvements for the Airport access road located to the south of the fuel farm, which also provides access to the FBO including the installation of a new slide gate that is used by the Airport fuel trucks. Analysis:Contract Modification #5 provides for the final adjustments in quantities and for items that have been identified during the course of construction that will enhance the final project. This contract modification will reduce the overall project cost by $11,139.63. The majority of these savings come from underruns of project quantities for the airfield markings. The changes identified will not have an impact on contract time. The unit prices from the original contract were applied to the revised quantities. Financial Impact:Reduces the original contract by $11,139.63. Alternatives:Deny request. Recommendation:Approve request.Cover Memo Funds are Available in the Following Accounts: TSPLOST REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo CHANGE ORDER NUMBER 5 OWNER: Augusta Regional Airport CONTRACTOR: McCarthy Improvement Company 1501 Aviation Way 5401 Victoria Avenue Augusta, GA 30906 Davenport, IA 52807 PROJECT NAME: AGS – Rehabilitate Air Carrier and CONTRACT DATE: December 9, 2014 General Aviation Apron PROJECT NUMBER: GDOT PI#0011399 CHANGE ORDER DATE: September 21, 2016 NO WORK COVERED BY THIS CHANGE ORDER MAY PROCEED UNTIL CONTRACTOR IS IN RECEIPT OF A COPY FULLY EXECUTED BY THE CONTRACTOR, THE OWNER AND THE ENGINEER. IF CONTRACTOR IS IN AGREEMENT WITH THIS CHANGE, CONTRACTOR SHOULD EXECUTE ALL COPIES AND RETURN ALL COPIES TO THE CONSTRUCTION PROJECT MANAGER WITHIN SEVEN (7) CALENDAR DAYS. THIS CHANGE WILL INCREASE OR DECREASE THE CONTRACT AMOUNT AND TIME TO COMPLETE BY THE AMOUNT SHOWN BELOW. ALL OTHER TERMS OF THE CONTRACT, INCLUDING THE GENERAL, SUPPLEMENTARY AND OTHER CONDITIONS OF THE CONTRACT SHALL APPLY TO THIS CHANGE ORDER UNLESS EXPRESSLY MODIFIED BY THIS CHANGE. DESCRIPTION OF CHANGE: Changes generally consist of minor modifications to quantities for ultimate work performed during the course of the project and to adjust for rounding differences necessary to balance the project. Changes are described in attachments to this Contract Change Order form. ORIGINAL TOTAL CONTRACT PRICE $ 7,034,186.00 APPROVED COST ADDITIONS (DELETIONS) TO DATE $ 254,290.60 AMOUNT OF THIS CHANGE ORDER ($ 11,139.63) REVISED TOTAL CONTRACT PRICE $ 7,277,336.97 PERCENTAGE FOR THIS CHANGE ORDER OF ORIGINAL CONTRACT PRICE -0.16 % TOTAL CHANGE ORDER PERCENTAGE OF ORIGINAL CONTRACT PRICE 3.46 % ORIGINAL TOTAL CONTRACT CALENDAR DAYS 153 CALENDAR DAY ADDITIONS (DELETIONS) PREVIOUS CHANGE ORDERS 49 CALENDAR DAY ADDITIONS (DELETIONS) THIS CHANGE ORDER 0 REVISED TOTAL CONTRACT CALENDAR DAYS 202 CONTRACTOR ACKNOWLEDGES, BY ITS EXECUTION AND ACCEPTANCE OF THIS CHANGE ORDER, THAT THE ADJUSTMENTS IN CONTRACT PRICE AND TIME SHOWN HEREON CONSTITUTES FULL AND COMPLETE COMPENSATION AND SATISFACTION FOR ALL COSTS AND MODIFICATIONS OF PERFORMANCE TIME INCURRED BY THE CONTRACTOR AS A RESULT OF THIS CHANGE ORDER. NO OTHER CLAIM FOR INCREASED COST OF PERFORMANCE OR MODIFICATIONS OF TIME WILL BE GRANTED BY THE OWNER FOR THIS WORK COVERED BY THIS CHANGE. THE CONTRACTOR HEREBY WAIVES AND RELEASE ANY FURTHER CLAMS FOR COST OR TIME AGAINST THE OWNER ARISING FROM OR RELATING TO THE MATTERS OF WORK SET FORTH OR CONTEMPLATED BY THIS CHANGE ORDER. CONTRACTOR’S ACCEPTANCE Contractor: McCarthy Improvement Company Signature Date Joseph D. Bush President Typed Name Title A/E RECOMMENDED FOR APPROVAL Engineer: Mead & Hunt, Inc. Signature Date Chris Birkmeyer, P.E. Project Manager Typed Name Title OWNER RECOMMENDED FOR APPROVAL Owner: Augusta Regional Airport Signature Date Cedric Johnson Aviation Commission Chairman Typed Name Title CHANGE ORDER NUMBER 4 OWNER: Augusta Regional Airport CONTRACTOR: McCarthy Improvement Company 1501 Aviation Way 5401 Victoria Avenue Augusta, GA 30906 Davenport, IA 52807 PROJECT NAME: AGS – Rehabilitate Air Carrier and CONTRACT DATE: December 9, 2014 General Aviation Apron PROJECT NUMBER: GDOT PI#0011399 CHANGE ORDER DATE: Septmeber 21, 2016 DESCRIPTION OF QUANTITY CHANGES, COST CHANGES AND JUSTIFICATION ADJUSTED ITEMS 1. Schedule 1: a. Increase quantities of the following items for actual quantities constructed for the project: Item P-401.1 Asphalt Concrete Surface Course Item P-401.2 Asphalt Concrete Base Course Item P-501.1 Portland Cement Concrete Pavement (8”) Item P-501.2 Portland Cement Concrete Pavement (11”) COST ADDITION / (DELETION): $ 44.85 DAYS ADDITION / (DELETION): 0 b. Reduce quantities of the following items for actual quantities constructed for the project: Item P-501.3 Portland Cement Concrete Pavement (14”) Item T-905.1 Import Topsoil COST ADDITION / (DELETION): ($ 1,012.30) DAYS ADDITION / (DELETION): 0 2. Schedule 3: a. Reduce quantities of the following items for actual quantities constructed for the project: Item P-101.2 PCC Pavement Demolition and Removal Item P-620.2 Permanent Pavement Markings (White, Yellow, Black, Red) COST ADDITION / (DELETION): ($ 8,333.94) DAYS ADDITION / (DELETION): 0 3. Schedule 5: a. Increase quantities of the following items for actual quantities constructed for the project: Item P-101.3 Milling and Surface Prep for Overlay COST ADDITION / (DELETION): $ 1.72 DAYS ADDITION / (DELETION): 0 b. Reduce quantities of the following items for actual quantities constructed for the project: Item P-101.1 Asphalt Concrete Pavement Removal, Full Depth Item P-301.1 Soil-Cement Base Course Item P-401.1 Asphalt Concrete Surface Course Item P-401.2 Asphalt Concrete Base Course COST ADDITION / (DELETION): ($ 39.94) DAYS ADDITION / (DELETION): 0 4. Schedule 8: a. Reduce quantities of the following items for actual quantities constructed for the project: Item X-105.3 Remove Chain-link Fence Item F-162.1 Chain Link Fence COST ADDITION / (DELETION): ($ 1,800) DAYS ADDITION / (DELETION): 0 Project: Augusta Regional Airport - Rehabilitate Air Carrier and Gene Airport Engineer: Clarence Fennell Project: GDOT PI #0011399 SPEC. NO. Bid Item Description Unit Quantity Unit Cost Contract Cost CO 1 CO 2 CO 3 CO 4 CO 5 Quantity Contract Cost P-100.1 MOBILIZATION, CLEANUP, AND DEMOBILIZATION LS 1 427,000.00$ 427,000.00$ -100000 -$ P-100.1.R1 MOBILIZATION, CLEANUP, AND DEMOBILIZATION LS 0 479,024.00$ -$ 1-10000 -$ P-100.1.R2 MOBILIZATION, CLEANUP, AND DEMOBILIZATION LS 0 551,024.00$ -$ 01000 1 551,024.00$ SP-10-1 AIRFIELD SAFETY AND TRAFFIC CONTROL LS 1 1,500,000.00$ 1,500,000.00$ 0-10000 -$ SP-10-1.R1 AIRFIELD SAFETY AND TRAFFIC CONTROL LS 0 1,734,600.00$ -$ 01000 1 1,734,600.00$ P-101.1 ASPHALT CONCRETE PAVEMENT REMOVAL, FULL DEPTH SY 21,500 9.25$ 198,875.00$ 0 0 1,334 0 0 22,834 211,214.50$ P-101.2 PCC PAVEMENT DEMOLITION AND REMOVAL SY 125 15.00$ 1,875.00$ 0 0 0 0 0 125 1,875.00$ P-101.3 MILLING AND SURFACE PREP FOR OVERLAY SY 0 21.20$ -$ 230 0 0 0 0 230 4,876.00$ X-105.5 REMOVE PAVEMENT MARKINGS SF 4,700 7.50$ 35,250.00$ 0 0 4,363 0 0 9,063 67,972.50$ P-152.1 UNCLASSIFIED EXCAVATION-BELOW PAVEMENT SECTION CY 15,900 16.75$ 266,325.00$ 4,110 -20,010 0 0 00 -$ P-152.2 SELECT FILL CY 13,200 13.75$ 181,500.00$ 1,800 -15,000 0 0 00 -$ P-156.1 SILT FENCE-TYPE C LF 10,700 3.00$ 32,100.00$ 0 0 0 -344 0 10,356 31,068.00$ P-156.3 INLET SEDIMENT TRAP-SILT SAVER EA 4 500.00$ 2,000.00$ -1 0 0 -1 0 2 1,000.00$ P-156.4 INLET SEDIMENT TRAP-SILT SACK EA 15 250.00$ 3,750.00$ -15 0 0 0 0 0 -$ P-156.5 CRUSHED STONE CONSTRUCTION OUTLET EA 2 3,000.00$ 6,000.00$ 0 0 0 -1 0 1 3,000.00$ P-156.6 EROSION CONTROL MOBILIZATION EA 1 1,000.00$ 1,000.00$ 00000 1 1,000.00$ P-156.7 EMERGENCY EROSION CONTROL MOBILIZATION EA 1 1,000.00$ 1,000.00$ 0 0 0 -1 0 0 -$ P-209.1 CRUSHED AGGREGATE BASE COURSE SY 19,500 8.50$ 165,750.00$ 3,000 -22,500 0 0 0 0 -$ P-301.1 SOIL-CEMENT BASE COURSE SY 700 81.00$ 56,700.00$ 275 -975 0 0 0 0 -$ P-301.1.R1 SOIL-CEMENT BASE COURSE SY 0 43.75$ -$ 0 22,500 0 0 0 22,500 984,375.00$ P-310.1 GEOTEXTILE FABRIC SY 19,500 1.25$ 24,375.00$ 3,000 -22,500 0 0 0 0 -$ P-310.2 GEOGRID SY 19,500 3.00$ 58,500.00$ 3,000 -22,500 0 0 0 0 -$ P-401.1 ASPHALT CONCRETE SURFACE COURSE TON 180 155.00$ 27,900.00$ 95 -75 0 33 0.15 233 36,138.25$ P-401.2 ASPHALT CONCRETE BASE COURSE TON 1,200 125.00$ 150,000.00$ -800 -180 0 -92 0.02 128 16,002.50$ P-501.1 PORTLAND CEMENT CONCRETE PAVEMENT (8")SY 650 130.00$ 84,500.00$ 0 115 0 -0.5 0.06 764.6 99,392.80$ P-501.2 PORTLAND CEMENT CONCRETE PAVEMENT (11")SY 5,400 56.50$ 305,100.00$ 4,100 0 35 -35 0.20 9,500 536,761.30$ P-501.3 PORTLAND CEMENT CONCRETE PAVEMENT (14"SY 12,000 64.75$ 777,000.00$ 0 -400 0 0 -0.19 11,600 751,087.70$ X-501.1 PORTLAND CEMENT CONCRETE CURING FACILITY LS 1 28,500.00$ 28,500.00$ 00000 1 28,500.00$ P-620.1 TEMPORARY RUNWAY AND TAXIWAY PAINTING (WHITE, YELLOW, BLACK)SF 250 9.50$ 2,375.00$ 300 0 0 -0.5 0 549.5 5,220.25$ P-620.2 PERMANENT PAVEMENT MARKINGS (WHITE, YELLOW, BALCK, RED)SF 2,600 14.25$ 37,050.00$ -1,250 0 3,028 0 0 4,378 62,386.50$ D-701.1 CONCRETE SEWER PIPE, 36-INCH, CLASS V LF 450 107.00$ 48,150.00$ -450 0 0 0 0 0 -$ D-705.1 6-INCH PERFORATED POLYEHTYLENE PIPE, SCHEDULE 80 LF 900 48.50$ 43,650.00$ 550 -1,450 0 0 0 0 D-751.2 CATCH BASIN, TYPE I EA 1 3,000.00$ 3,000.00$ -1 0 0 0 0 0 -$ D-751.3 CATCH BASIN, TYPE II EA 1 3,000.00$ 3,000.00$ -1 0 0 0 0 0 -$ D-751.4 CLEANOUT, TYPE I EA 1 1,025.00$ 1,025.00$ 1 -2 0 0 0 0 -$ D-751.5 CLEANOUT, TYPE II EA 9 1,150.00$ 10,350.00$ -3 -6 0 0 0 0 -$ T-901.1 GRASSING AND MULCHING LS 1 25,000.00$ 25,000.00$ 00000 1 25,000.00$ T-905.1 IMPORT TOPSOIL LS 1 1,000.00$ 1,000.00$ 0000-1 0 -$ F-162.1 CHAIN LINK FENCE LF 1,200 19.00$ 22,800.00$ 0 0 33 0 0 1,233 23,427.00$ F-162.4 DOUBLE SWING GATE EA 3 1,300.00$ 3,900.00$ 00000 3 3,900.00$ L-110.1 ELECTRICAL DUCT BANK LS 0 123,125.00$ -$ 01000 1 123,125.00$ P-152.3 FILL EXISTING PIPES WITH CLSM LS 0 16,405.70$ -$ 00100 1 16,405.70$ 4,536,300.00$ 5,319,352.00$ Pay Application No. 10 SCHEDULE 1 ORIGINAL CONTRACT CHANGE ORDER QUANTITY ADJUSTMENTS ADJUSTED CONTRACT TOTAL SCHEDULE 1 Page 1 of 3 10/11/2016 Project: Augusta Regional Airport - Rehabilitate Air Carrier and Gene Airport Engineer: Clarence Fennell Project: GDOT PI #0011399 Pay Application No. 10 SPEC. NO. Bid Item Description Unit Quantity Unit Cost Contract Cost CO 1 CO 2 CO 3 CO 4 CO 5 Quantity Contract Cost P-100.1 MOBILIZATION, CLEANUP, AND DEMOBILIZATION LS 1 110,000.00$ 110,000.00$ 0 -1 0 0 0 0 -$ P-100.1.R1 MOBILIZATION, CLEANUP, AND DEMOBILIZATION LS 0 128,000.00$ -$ 01000 1 128,000.00$ SP-10-1 AIRFIELD SAFETY AND TRAFFIC CONTROL LS 1 427,500.00$ 427,500.00$ 0 -1 0 0 0 0 -$ SP-10-1.R1 AIRFIELD SAFETY AND TRAFFIC CONTROL LS 0 485,900.00$ -$ 01000 1 485,900.00$ P-101.1 ASPHALT CONCRETE PAVEMENT REMOVAL, FULL DEPTH SY 5,000 8.00$ 40,000.00$ 000005,000 40,000.00$ P-101.2 PCC PAVEMENT DEMOLITION AND REMOVAL SY 235 20.00$ 4,700.00$ 0004-0.12 238.88 4,777.60$ P-101.3 MILLING AND SURFACE PREP FOR OVERLAY SY 0 21.20$ -$ 22 0 0 0 0 22 466.40$ X-105.5 REMOVE PAVEMENT MARKINGS SF 0 7.50$ -$ 350 0 -350 0 0 0 -$ P-152.1 UNCLASSIFIED EXCAVATION-BELOW PAVEMENT SECTION CY 3,500 14.25$ 49,875.00$ 950 -3,475 0 0 0 975 13,893.75$ P-152.2 SELECT FILL CY 2,800 14.75$ 41,300.00$ 0 -2,800 0 0 0 0 -$ P-156.6 EROSION CONTROL MOBILIZATION EA 1 1,000.00$ 1,000.00$ 00000 1 1,000.00$ P-156.7 EMERGENCY EROSION CONTROL MOBILIZATION EA 1 1,000.00$ 1,000.00$ 0 0 0 -1 0 0 -$ P-209.1 CRUSHED AGGREGATE BASE COURSE SY 4,000 8.50$ 34,000.00$ 0 -4,000 0 0 0 0 -$ P-301.1 SOIL-CEMENT BASE COURSE SY 850 45.00$ 38,250.00$ 220 3,930 0 0 0 5,000 225,000.00$ P-310.1 GEOTEXTILE FABRIC SY 4,000 1.25$ 5,000.00$ 0 -4,000 0 0 0 0 -$ P-310.2 GEOGRID SY 4,000 3.00$ 12,000.00$ 0 -4,000 0 0 0 0 -$ P-401.1 ASPHATL CONCRETE SURFACE COURSE TON 230 180.00$ 41,400.00$ 45 0 0 -41 0 234 42,120.00$ P-401.2 ASPHALT CONCRETE BASE COURSE TON 320 140.00$ 44,800.00$ 130 0 0 -99 0 351 49,140.00$ P-501.3 PORTLAND CEMENT CONCRETE PAVEMENT (14"SY 4,000 65.50$ 262,000.00$ 0 0 50 -442 -0.10 3,607.9 236,317.45$ X-501.1 PORTLAND CMENET CONCRETE CURING FACILITY LS 1 1,725.00$ 1,725.00$ 00000 1 1,725.00$ P-620.1 TEMPORARY RUNWAY AND TAXIWAY PAINTING (WHITE, YELLOW, BLACK)SF 0 9.50$ -$ 220 0 167 -167 0 220 2,090.00$ P-620.2 PERMANENT PAVEMENT MARKINGS (WHITE, YELLOW, BALCK, RED)SF 0 12.50$ -$ 5,350 -666 4,684 58,550.00$ D-705.1 6-INCH PERFORATED POLYEHTYLENE PIPE, SCHEDULE 80 LF 480 48.50$ 23,280.00$ -30 -450 0 0 0 0 -$ D-751.1 60-INCH MANHOLE EA 1 4,450.00$ 4,450.00$ -1 0 0 0 0 0 -$ D-751.4 CLEANOUT, TYPE I EA 1 1,025.00$ 1,025.00$ 0 -1 0 0 0 0 -$ D-751.5 CLEANOUT, TYPE II EA 1 1,125.00$ 1,125.00$ -1 0 0 0 0 0 -$ F-162.4 DOUBLE SWING GATE EA 0 8,350.00$ -$ 00010 1 8,350.00$ 1,144,430.00$ 1,297,330.20$ SPEC. NO. Bid Item Description Unit Quantity Unit Cost Contract Cost CO 1 CO 2 CO 3 CO 4 CO 5 Quantity Contract Cost P-100.1 MOBILIZATION, CLEANUP, AND DEMOBILIZATION LS 1 90,000.00$ 90,000.00$ 0 -1 0 0 0 0-$ SP-10-1 AIRFIELD SAFETY AND TRAFFIC CONTROL LS 1 293,000.00$ 293,000.00$ 0-1000 0-$ P-101.1 ASPHALT CONCRETE PAVEMENT REMOVAL, FULL DEPTH SY 3,200 8.00$ 25,600.00$ 0 -850 -852 0 -0.22 1,497.78 11,982.24$ P-101.3 MILLING AND SURFACE PREP FOR OVERLAY SY 3,100 11.00$ 34,100.00$ 0 2,010 -1,200 1,200 0.156 5,110.16 56,211.72$ X-105.5 REMOVE PAVEMENT MARKINGS SF 550 19.00$ 10,450.00$ 0 0 2,250 242 0 3,042 57,798.00$ P-152.1 UNCLASSIFIED EXCAVATION-BELOW PAVEMENT SECTION CY 900 18.00$ 16,200.00$ 0 -550 0 0 0 350 6,300.00$ P-156.6 EROSION CONTROL MOBILIZATION EA 1 1,000.00$ 1,000.00$ 00000 1 1,000.00$ P-156.7 EMERGENCY EROSION CONTROL MOBILIZATION EA 1 1,000.00$ 1,000.00$ 000-10 0-$ P-301.1 SOIL-CEMENT BASE COURSE SY 3,050 26.00$ 79,300.00$ 0 -1,250 50 -531 -0.43 1,318.57 34,282.82$ P-401.1 ASPHATL CONCRETE SURFACE COURSE TON 1,500 140.00$ 210,000.00$ 0 0 -280 64 -0.03 1,283.97 179,755.80$ P-401.2 ASPHALT CONCRETE BASE COURSE TON 1,100 120.00$ 132,000.00$ 0 -490 70 -87 -0.19 592.81 71,137.20$ X-107.1 PAVING FABRIC SY 2,900 12.00$ 34,800.00$ 0 -2,525 0 -208 0 167 2,004.00$ P-620.1 TEMPORARY RUNWAY AND TAXIWAY PAINTING (WHITE, YELLOW, BLACK)SF 800 17.00$ 13,600.00$ 0 0 -800 167 0 167 2,839.00$ P-620.2 PERMANENT PAVEMENT MARKINGS (WHITE, YELLOW, BALCK, RED)SF 800 18.00$ 14,400.00$ 0 3,050 -1,000 1,508 0 4,358 78,444.00$ D-751.6 WATER QUALITY MANHOLE EA 0 86,300.00$ -$ 01000 1 86,300.00$ 955,450.00$ 588,054.78$ CHANGE ORDER QUANTITY ADJUSTMENTS ADJUSTED CONTRACTSCHEDULE 3 ORIGINAL CONTRACT TOTAL SCHEDULE 3 TOTAL SCHEDULE 5 SCHEDULE 5 ORIGINAL CONTRACT CHANGE ORDER QUANTITY ADJUSTMENTS ADJUSTED CONTRACT Page 2 of 3 10/11/2016 Project: Augusta Regional Airport - Rehabilitate Air Carrier and Gene Airport Engineer: Clarence Fennell Project: GDOT PI #0011399 Pay Application No. 10 SPEC. NO. Bid Item Description Unit Quantity Unit Cost Contract Cost CO 1 CO 2 CO 3 CO 4 CO 5 Quantity Contract Cost P-100.1 MOBILIZATION, CLEANUP, AND DEMOBILIZATION LS 1 28,000.00$ 28,000.00$ -1 0 0-$ SP-10-1 AIRFIELD SAFETY AND TRAFFIC CONTROL LS 1 160,000.00$ 160,000.00$ -1 0 0-$ P-101.1 ASPHALT CONCRETE PAVEMENT REMOVAL, FULL DEPTH SY 550 8.00$ 4,400.00$ -550 0 0-$ P-156.6 EROSION CONTROL MOBILIZATION EA 1 1,000.00$ 1,000.00$ -1 0 0-$ P-156.7 EMERGENCY EROSION CONTROL MOBILIZATION EA 1 1,000.00$ 1,000.00$ -1 0 0-$ P-209.1 CRUSHED AGGREGATE BASE COURSE SY 500 10.00$ 5,000.00$ -500 0 0-$ P-501.1 PORTLAND CEMENT CONCRETE PAVEMENT (8")SY 500 157.00$ 78,500.00$ -500 0 0-$ P-501.3 PORTLAND CEMENT CONCRETE PAVEMENT (14"SY 18 317.00$ 5,706.00$ -18 0 0-$ X-109 FUEL CONTAINMENT PIPING EA 1 15,000.00$ 15,000.00$ -1 0 0-$ 298,606.00$ -$ SPEC. NO. Bid Item Description Unit Quantity Unit Cost Contract Cost CO 1 CO 2 CO 3 CO 4 CO 5 Quantity Contract Cost P-100.1 MOBILIZATION, CLEANUP, AND DEMOBILIZATION LS 1 6,000.00$ 6,000.00$ 0 -1 1 0 1 6,000.00$ SP-10-1 AIRFIELD SAFETY AND TRAFFIC CONTROL LS 1 41,000.00$ 41,000.00$ 0-1 10 1 41,000.00$ X-105.3 REMOVE CHAIN-LINK FENCE LF 40 10.00$ 400.00$ 0 -40 40 -30 10 100.00$ X-105.4 REMOVE SWING ARM GATE AND CONTROLLER EA 2 5,000.00$ 10,000.00$ -1 -1 1 0 1 5,000.00$ P-156.6 EROSION CONTROL MOBILIZATION EA 1 1,000.00$ 1,000.00$ 0-1 10 1 1,000.00$ P-156.7 EMERGENCY EROSION CONTROL MOBILIZATION EA 1 1,000.00$ 1,000.00$ 0-1 10 1 1,000.00$ F-162.1 CHAIN LINK FENCE LF 40 50.00$ 2,000.00$ 0 -40 40 -30 10 500.00$ F-162.2 14' CANTILEVER GATE EA 1 18,000.00$ 18,000.00$ 0-1 10 1 18,000.00$ F-162.3 18' CANTILEVER GATE EA 1 20,000.00$ 20,000.00$ -1 0 0 0 0-$ 99,400.00$ 72,600.00$ 7,034,186.00$ CO 1 CO 2 CO 3 CO 4 CO 5 7,277,336.97$ Cost Increase 32,562.90$ 38,673.75$ 71,091.70$ 111,962.25$ (11,139.63)$ % Increase 0.46% 0.55% 1.01% 1.59% -0.16% Cummulative Change Order Costs 32,562.90$ 71,236.65$ 142,328.35$ 254,290.60$ 243,150.97$ Cummulative Change Order Cost %0.46% 1.01% 2.02% 3.62% 3.46% PROJECT SUMMARY TABLE ORIGINAL CONTRACT CHANGE ORDER QUANTITY ADJUSTMENTS SUMMARY ADJUSTED CONTRACT SCHEDULE 7 ORIGINAL CONTRACT CHANGE ORDER QUANTITY ADJUSTMENTS ADJUSTED CONTRACT SCHEDULE 8 ORIGINAL CONTRACT TOTAL SCHEDULE 8 TOTAL SCHEDULE 7 ADJUSTED CONTRACTCHANGE ORDER QUANTITY ADJUSTMENTS Page 3 of 3 10/11/2016 Justification: During final project closeout there were several items that did not balance. This change order zeros out these items. Other items have been adjusted to account for quantities not installed for the project. These items include some pavement markings that if placed would have been removed within a couple of months and some fence that was scheduled to be removed and replaced but was more beneficial to leave in place. This is the final change order for the construction of this project. Cost Analysis: There are no unit cost changes associated with this change order. Commission Meeting Agenda 11/15/2016 2:00 PM CONTRACT MODIFICATION #6 – BEAM’S CONTRACTING – SOUTHWEST DEVELOPMENT AREA ACCESS ROAD Department:Augusta Regional Airport Department:Augusta Regional Airport Caption:Motion to approve Beam's Contracting Change Order #6 - Southwest Development Area Access Road. (Approved by Public Services Committee November 8, 2016). Background:The primary focus of this project is the construction of General Perry Smith Parkway on the south side of the Augusta Regional Airport to provide access to the southeast side of the Airport, an area identified for future Airport facility relocation and also future potential business development. The Project consists of constructing approximately 3,600 feet of roadway and utility corridor. Approximately two-thirds of the roadway is four lanes and the remainder is two lanes. The Project also includes roadway lighting, pavement marking, signage, landscaping, and drainage improvements including installation of a large culvert ditch crossing, a retention basin and associated storm sewer to direct rain water to the new retention basin. The project is in its final stages of construction as the Contractor is finishing punch-list items. Analysis:Contract Modification #6 provides for additional sod that has become necessary due to persons driving on the sod which represents circumstances outside of the Contractor’s control. The contract modification will increase the project cost by $450.36. This represents the final adjustments in quantities for the project. The changes identified will not have an impact on contract time. The unit prices from the original contract were applied to the revised quantities. Financial Impact:Increases the contract by a total of $450.36. Alternatives:Deny request.Cover Memo Recommendation:Approve request. Funds are Available in the Following Accounts: SPLOST REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 11/15/2016 2:00 PM CONTRACT WITH McCARTHY IMPROVEMENT COMPANY FOR RECONSTRUCTION & EXTENSION TAXIWAY A Department:Augusta Regional Airport Department:Augusta Regional Airport Caption:Motion to approve the contract with McCarthy Improvement Company for the Reconstruction & Extension of Taxiway A Bid Item 16-209 (Approved by Public Services Committee November 8, 2016) Background:The primary focus of this Project is the reconstruction and extension of Taxiway A at the Augusta Regional Airport (Airport). This project will reconstruct Taxiway A from the north end of Runway 17-35 through the intersection of Taxiway B. It will also extend Taxiway A from Taxiway B to Taxiway E. To conform to current FAA standards a new connector taxiway, A2, will be constructed while removing portions of Taxiway B, Taxiway D, and Taxiway C. This project will eliminate one of the two “hot spots” identified on the Airport. Taxiway A will be constructed in concrete with asphalt shoulders. The taxiway lighting will be upgrade to more energy efficient LED lighting. The total cost associated with the contract is for $16,772,436.70. 90% of the project will be paid for with FAA AIP Grant Nos. 3- 13-0011-038-2015 and 3-13-0011-39-2016. 5% of the project will be paid for with GDOT matching funds and the remaining 5% will be paid for with local funds that have been included in the budget. The contract has been reviewed by Airport Legal Counsel. Analysis:The selection of McCarthy Improvement Company for this project was approved by the Augusta Commission at their October 4, 2016 meeting. Financial Impact:$16,772,436.70 Alternatives:Deny request. Cover Memo Recommendation:Approve request. Funds are Available in the Following Accounts: 551081301-3313111 551081301-3343112 551081301-5412110 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-039-2016 1 CONTRACT THIS CONTRACT made and entered into to be effective October 20, 2016 by and between, AUGUSTA GEORGIA, (the City) a political subdivision of the State of Georgia, acting through the AUGUSTA AVIATION COMMISSION, whose address is 1501 Aviation Way, Augusta Regional Airport at Bush Field, Augusta, Georgia 30906-9600, hereinafter called “Airport”, and McCarthy Improvement Company, hereinafter called “Contractor”. WITNESSETH: WHEREAS, the City is the owner and operator of a full service commercial airport known as the Augusta Regional Airport; WHEREAS, the City has solicited a bid to Reconstruct and Extend Taxiway A for the Airport; WHEREAS, the Contractor submitted a bid for said services; and WHEREAS, the City, on behalf of the Airport, accepted the Contractor’s Bid for said services; NOW THEREFORE, in consideration of the mutual covenants, promises, and agreements herein contained, the Owner and the Contractor hereby agree as follows: The Contractor’s Services shall be in accordance with the scope of services and all provisions provided herein. ARTICLE 1 SCOPE OF THE WORK 1.1 The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the Plans and the specifications for the Project entitled: RECONSTRUCT AND EXTEND TAXIWAY A and in accordance with the requirements and provisions of the Contract Documents as defined in the Provisions hereto attached which are hereby incorporated and made a part of this contract. 1.2 Definitions The following terms have the following meanings whenever used in the Contract Documents (defined below), or in related documents, the terms or pronouns used in place of them shall be defined as follows: 1.2.1 Airport Executive Director. The person tasked with the day-to-day operations of the Airport. 1.2.2 Augusta Aviation Commission. The Augusta Regional Airport Aviation Commission tasked with the overall administration of the Airport. 1.2.3 Augusta, Georgia or City. Augusta, Georgia’s Commission. 1.2.4 Engineer. The Work has been designed by Mead & Hunt, Inc., whose corporate headquarters is located at 6501 Watts Road, Madison, WI 53719, who is hereinafter called Engineer and who is to assume all duties and responsibilities and have the rights and authority assigned to Engineer in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-039-2016 2 1.2.5 Project. Reconstruct and Extend Taxiway A including but not limited to demolition of approximately 63,325 square yards of asphalt pavement, construction of approximately 57,000 square yards of Portland cement concrete pavement, removal of approximately 100 taxiway edge lights, removal of approximately 3,900 linear feet of storm sewer, removal of approximately 39,300 square yards of perforated steel planking, installation of approximately 2,200 linear feet of concrete box culvert, installation of approximately 4,150 linear for of storm sewer, along with associated taxiway edge lighting, airfield signage, pavement marking, and site restoration including topsoiling, seeding, and mulching. 1.2.6 Airport’s Administrator. Airport’s Representative shall be the Airport’s Executive Director or his designee. 1.2.7 Contractor’s Representative(s). The Contractor’s representative (“Contractor’s Representative”) for all dealings with Airport shall be _________________. Contractor’s Representative may be changed upon prior written notice delivered to Owner. 1.5 Subject to controlling law, the Owner will refuse to permit the Contractor to use any employee on this job if the Owner reasonably deems that individual unfit to work at the Airport facilities in any respect. 1.6 All Contractor employees shall strictly adhere to Airport regulations while on the Airport premises, including but not limited to Augusta, Georgia, County, and Transportation Security Authority (TSA) and Federal Aviation Administration (FAA) regulations governing access to buildings, personal conduct, and possession of prescribed substances, parking, and traffic. The Owner reserves the right to require the removal of Contractor employees from the Project. 1.7 Design, Standards and Practices. The design, strength, quality of materials and workmanship must conform to the highest standards of construction practices and/or services ARTICLE II TERM 2.1 The Contractor must begin work within ten (10) days of receiving the Notice to Proceed (NTP) from the Owner. It is anticipated the NTP will be issued December 1, 2016. The Contractor will mobilize with sufficient forces such that all work is completed within two- hundred and eighty (280) calendar days after the issuance of the NTP. Contract time charges will begin as set forth in Section 80 of the General Provisions 2.2 Contractor working times shall be as designated on the Construction Safety & Phasing Plan sheets in the Construction Drawings. At the Owner’s discretion, work times may be further restricted. 2.3 For additional details please review Section 80 of the attached Specifications. 2.4 It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that the date of beginning, rate of progress and the time for completion of the work to be done hereunder are ESSENTIAL CONDITIONS of this Contract. Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will insure full completion thereof within the time specified. It is expressly Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-039-2016 3 understood and agreed by and between the Contractor and the Owner, that the time for the completion of the work described herein is a reasonable time for the completion of the same, taking into consideration the average climatic range and construction conditions prevailing in this locality. 2.5 It is further agreed that time is of the essence of each and every portion of this Contract and the specifications wherein a definite portion and certain length of time is fixed for the performance of any act whatsoever; and where under the Contract an additional time is allowed for the completion of any work, the new time limit fixed by extension shall be the essence of the Contract. ARTICLE III LIQUIDATED DAMAGES 3.1 The Contractor acknowledges that time is of the essence with respect to the Work governed by the Contract. The Contractor acknowledges and recognizes that if it fails to achieve Substantial Completion of any portion of the Work within the Contract Time as may be extended in accordance with the terms of this Contract, the Owner will sustain substantial losses as a result of such failure. The Contractor further acknowledges that the Owner will suffer damages that are difficult, if not impossible, to accurately estimate. The Contractor shall be assessed liquidated damages as set forth in Section 80, Execution and Progress, subsection 80-08. ARTICLE IV PAYMENT 4.1 The Contract Sum The Owner shall pay to the Contractor for completion of the Work in strict accordance with the Contract Documents, and in accordance with the unit bid prices submitted on July 26, 2016, with a contract price of $16,772,436.70. 4.2 Progress Payments 4.2.1 Contractor shall submit Applications for Payment in accordance with Section 90 of the General Provisions but in no case shall submit Applications for Payment more than once per month. Application for Payment will be processed by Engineer as provided in the General Provisions. 4.2.2 Progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as Engineer shall determine, or Owner may withhold, in accordance with Section 90 of the General Provisions. 1) 90% of Work completed as determined by Engineer. 2) 90% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to Owner as provided in paragraph 90-07 of the General Provisions. 4.2.3 Within ten (10) days of receiving each Application for Payment, the Engineer shall either indicate in writing a recommendation of payment and present the application to the Owner, or return the Application to the Contractor indicating in writing Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-039-2016 4 necessary corrections. In the latter case, the Contractor shall make the corrections and resubmit the application. 4.3 Invoices. Contractor shall submit invoices to: Mead & Hunt, Inc. Attn: Chris Birkmeyer 878 S. Lake Drive Lexington, SC 29072 4.4 Retainage and Partial Payments. If payment request is approved by the Owner, the approved payment request shall be submitted to the Owner’s Finance Department for processing on or before the fifth day of the following month, and payment (less retainage) shall be made to the Contractor thirty (30) days after the date the approved payment request is received by the Owner’s finance department. If a payment request is not approved by the Owner, then no payment shall be made to the Contractor until such time as the Owner approves the payment request. The amount of retainage shall be as follows: 4.4.1 Ten percent (10%) of each partial payment shall be withheld as retainage until the value of fifty percent (50%) of the Contract Price, including Change Orders and other authorized additions provided in the Contract, is due; 4.4.2 When fifty percent (50%) of the Contract Price, as described above, becomes due and the manner of completion of the Work and its progress, quality, schedule are reasonably satisfactory to the Owner , and there are no outstanding claims by the Contractor, subcontractors or material suppliers, the withholding of retainage shall be discontinued. 4.4.3 If after discontinuing retainage, the Owner determines that the Work is unsatisfactory or has fallen behind schedule, withholding of ten percent (10%) of each request for payment may be resumed. When the Work has reached Substantial Completion and the Owner determines the Work to be reasonably acceptable, the Contractor shall submit an invoice or other documents as may be required and receive payment thereof within thirty (30) days. If there are any remaining incomplete minor items, an amount equal to two hundred percent (200%) of the value of each item, as determined by the Owner, shall be withheld until such items are completed; 4.4.4 The Contractor shall within ten (10) days from its receipt of retainage from the Owner pass through payments to Subcontractors and shall reduce each Subcontractor’s retainage in the same manner as the Contractor’s retainage is reduced by the Owner. The Subcontractor shall within ten (10) days from the Subcontractor’s receipt of retainage pass through payments to lower tier subcontractor’s and shall reduce each lower tier subcontractor’s retainage in the same manner as the Subcontractor’s retainage is reduced. 4.4.5 The Contractor and Owner agree to abide by all applicable provisions of Georgia state law concerning retainage, including but not limited to O.C.G.A. §13-10-80. If the terms of this Contract concerning retainage conflict with state law, state law shall govern. Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-039-2016 5 ARTICLE V FINAL INSPECTION 5.1 Upon notice from the Contractor that the Work is completed, the Owner shall make a Contractor during the course of final inspection of the Work, and shall notify the Contractor of all instances where the Work fails to comply with the Drawings and Specifications, as well as any defects the Owner may discover. At no cost to the Owner, the Contractor shall immediately make such alterations as are necessary to bring the Work into compliance with the Contract, the Drawings, and Specifications. ARTICLE XI ACCEPTANCE AND FINAL PAYMENT 6.1 Final Payment. Upon final completion and acceptance of the Work in accordance with Section 50 of the General Provisions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said paragraph 90-09. 6.2 Before final payment is due the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with the work have been paid, except that in case of disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety bond satisfactory to the Owner guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. 6.3 The making and acceptance of the final payment shall constitute a waiver of all claims by the Owner other than those arising from unsettled liens, from faulty work appearing within 12 months after final payment, from requirements of the specifications, or from manufacturers' guarantees. It shall also constitute a waiver of all claims by the Contractor except those previously made and still unsettled. 6.4 If after the Work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Engineer, so certifies, the Owner shall upon certificate of the Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. ARTICLE VII CHANGES 7.1 The Owner may, during the Contract period, make changes to the Scope of Work, which may result in changes to the general scope of the Contract and its provisions. 7.2 Written/verbal agreements, changes, or amendments to this Contract shall not be binding upon the Owner unless approved and signed by the in advance of performing work. Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-039-2016 6 7.3 Contractor acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Aviation Commission or Board of Commissioners and approval of the Mayor. Under Georgia law, Contractor is deemed to possess knowledge concerning Augusta, Georgia's ability to assume contractual obligations and the consequences of Contractor's provision of goods or services to Augusta, Georgia under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that the Contractor may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Contractor agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if the Contractor provides goods or services to Augusta, Georgia in excess of the any contractually authorized goods or services, as required by Augusta, Georgia's Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods or services provided by Contractor. Contractor assumes all risk of non-payment for the provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized, including, without limitation, all remedies at law or equity. ARTICLE VIII INSURANCE 8.1 During the term of this Contract, Contractor shall provide, pay for, and maintain with companies reasonably satisfactory to the Owner the types of insurance as set forth in the City Code, and Georgia law as the same may be amended from time to time, and as described herein. All insurance shall be issued by insurance companies eligible to do business in the State of Georgia and Best Rated A- or equivalent. In the event of a conflict between the provisions of the City Code and this Contract, the more stringent requirement shall govern. In no event shall Contractor maintain any insurance less than the requirements set forth in the City Code, as amended. 8.2 All liability policies of Contractor and its subcontractors shall provide coverage that includes, or has the same substantive effect as the following: 8.2.1 The City, the Aviation Commission, and each of its Commissioners, officers, agents, elected representatives, volunteers, and employees, in their respective capacities as such, shall be additional insured hereunder with respect to the products, premises, and operations of the named insured. 8.2.2 This insurance policy shall apply as primary, and any insurance and/or self- insurance as may be maintained by the City, the Aviation Commission, or its Commissioners, officers, agents, elected representatives, volunteers, and employees shall apply in excess of, and shall not contribute with insurance provided by this policy.” 8.2.3 This insurance shall not be materially changed, altered, canceled, or non- renewed until after thirty-(30) days advanced written notice has been given to Augusta, Georgia except that only ten-(10) days notice shall be required in the event of cancellation due to non-payment of premium.” Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-039-2016 7 8.3 All such evidence of insurance shall be in the form of certificates of insurance satisfactory to the City and its Risk Manager, accompanied by a certified true copy of an endorsement to each policy containing the above language. Properly executed certificates of insurance shall evidence the insurance coverage and limits required. The authorized representative of the insurance company shown on the certificate shall sign these certificates. The required policies of insurance shall comply with the laws of the State of Georgia. 8.4 If at any time the Executive Director requests a written statement from the insurance company as to any impairment to the aggregate limit, Contractor shall promptly authorize and have delivered such statement to the Aviation Commission. Contractor authorizes the Aviation Commission and/or the City’s Risk Manager to confirm with Contractor’s insurance agents, brokers, and insurance companies all information furnished. 8.5 The acceptance of delivery to the Owner of any certificate of insurance evidencing the insurance coverage and limits required under this Contract does not constitute approval or acceptance by the Owner that the insurance requirements in this Contract have been met. No operations shall commence at the Airport unless and until the required certificates of insurance are in effect and approved by the City’s Risk Manager. 8.6 The Contractor and the Owner understand, and agree that the minimum limits of the insurance herein required may, from time to time, become inadequate, and Contractor agrees that it will increase such minimum limits upon receipt of written notice defining the basis of the increase. The Contractor shall furnish the Owner, within sixty-(60) days of the effective date thereof, a certificate of insurance evidencing that such insurance is in force. 8.7 Contractor’s insurance companies or its authorized representative shall give the Owner thirty (30) days prior written notice of any cancellation, intent not to renew, or material reduction in any policy’s coverage, except in the application of the Aggregate Limit Provisions. In the event of a reduction to the Aggregate Limit, it is agreed that immediate steps will be taken to have the prior Aggregate Limit reinstated. 8.8 If at any time, the Airport Executive Director requests a written statement from the insurance companies as to any impairment(s) to the Aggregate Limit, prompt authorization and delivery of all requested information will be given to the Aviation Commission. Renewal Certificates of Insurance must be provided to the Owner as soon as practical but in every instance prior to expiration of current coverage. 8.9 The amounts and types of insurance shall conform to the following minimum requirements with the use of Insurance Service Office policies, forms, and endorsements or broader, where applicable. Notwithstanding the foregoing, the wording of all policies, forms, and endorsements must be reasonably acceptable to the Owner. Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-039-2016 8 8.10 Workers’ Compensation and Employer’s Liability Insurance shall be maintained in force by Contractor during the term of this Contract for all employees engaged in the operations under this Contract. The limits of coverage shall not be less than: Workers’ Compensation Georgia Statutory Employer’s Liability $1,000,000 Limit Each Accident 1,000,000, Limit Disease Aggregate $1,000,000, Limit Disease Each Employee 8.11 Commercial General Liability – Occurrence Form. Policy shall include bodily injury, property damage, personal injury and broad form contractual liability coverage with limits no less than five million dollars ($5,000,000) in Broad Form Comprehensive General Liability insurance. 8.12 Automobile Liability Insurance. For any vehicles authorized in writing by the Executive Director to operate on the Aircraft Operating Area (AOA) of the Airport, Automobile Insurance in the minimum amount of Five Million Dollars ($5,000,000.00) combined single limit coverage. If the Contractor's Comprehensive General Liability coverage includes vehicular operations on the Airport, separate automobile insurance shall not be required. The foregoing insurance shall be endorsed to state that it will be primary to the Augusta GA and the Aviation Commission's insurance and that the carrier waives its right of subrogation against Augusta, GA, the Aviation Commission, and their officers, agents, elected and appointed officials, representatives, volunteers, and employees. Augusta, GA, the Aviation Commission, and their officers, agents, employees, elected and appointed officials shall be added as additional insureds on said policies. Said policy shall contain Severability of Interest Clause and shall include contractual liability coverage at least as broad as that given in the most current CA 00 01 ISO form. 8.13 Excess Liability: $2,000,000 Policy must follow form of General Liability Policy and all insurance together for general liability must total at least a minimum of two million dollars ($2,000,000). Any form of underlying and excess policies may satisfy such requirement. 8.14 The Commercial General Liability Insurance coverage as required in the paragraph above shall include those classifications, as listed in Standard Liability Insurance Manuals, which are applicable to the operations of the Contractor in the performance of this Contract. 8.15 Within sixty (60) days of the effective date thereof or any subsequent term, Contractor shall provide Owner with certificate(s) of insurance evidencing that such insurance as described herein be in force. Insurance binder letter(s) or a Certificate(s) of Insurance as described above must be sent to the address below with a copy to the Owner: Augusta, Georgia Risk Management 530 Greene Street Room 217 Augusta, GA 30901 (706) 821-2502 (Fax) Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-039-2016 9 8.16 Subcontractors. It is the sole responsibility of the general Contractor to ensure that all subcontractors working under it have separately procured any and all types and limits of insurance that are required under any and all pertinent local, state, or federal ordinances or resolutions that are suitable for the particular trade that the subcontractor is performing. It is also the sole responsibility of the general and/or prime Contractor to ensure that any and all subcontractors or vendors carry types and limits of insurance not less than those listed herein and that the subcontractors and/or vendors carry and/or procure endorsements to waive all subrogation rights against and name “Augusta GA, its appointed and elected Officials, departments, agencies, boards, commissions, its officers, agents, employees and volunteers” as additional insureds. ARTICLE IX AIRPORT SECURITY REQUIREMENTS 9.1 Contractor’s employees shall be required to operate in Airport’s secure areas. Contractor shall be required to obtain the Airport’s Security Identification Display Area (SIDA) badges for any employee working in the secured area. Contractor shall comply, at its own expense, with the Transportation Security Administration (TSA) and the Owner’s security requirements for the Airport including, but not limited to employee training and badges. Contractor shall cooperate with the TSA and the Owner on all security matters and shall promptly comply with any project security arrangements established by the Owner. Compliance with such security requirements shall not relieve Contractor of its responsibility for maintaining proper security for the above-noted items, nor shall it be construed as limiting in any manner Contractor’s obligation with respect to all applicable federal, state and local laws and regulations and its duty to undertake reasonable action to establish and maintain secure conditions at and around the Project and throughout the Airport. All employees shall be properly badged and comply with all Owner’s safety and security rules. 9.2 Any Contractor employees assigned to work in a secured area are required to be “badged” or a “badged” Contractor employee must escort them the entire time they are in these secured areas. 9.3 To qualify for the badge, individual must be fingerprinted and have a background investigation completed. In addition, the Owner will conduct a background inquiry and require finger printing of all individuals who will be working on the secured side of the Airport screening point. This may also include collection of appropriate criminal history information, contractual and business associations and practices, employment histories, reputation in the business community and credit reports for the Contractor, as well as, its employees. 9.4 Contractor consents to such an inquiry and agrees to make available to the Owner such books and records the Owner deems necessary to conduct the review. Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-039-2016 10 9.5 Contractor shall pay all costs associated with providing SIDA badges. 9.6 Contractor shall be responsible for any fines assessed by the Federal Aviation Administration (FAA) or TSA as a result of the actions of its employees or subcontractors. ARTICLE X REPRESENTATIONS AND WARRANTIES In order to induce the Owner to enter into this Contract, Contractor hereby represents and warrants that as of the date above written that: 10.1 Contractor is duly organized and validly existing in good standing under the laws of the state of Iowa in which it is organized, is qualified to do business in all jurisdictions in which it is operating, and has the power and authority to execute and deliver and to perform its obligations under this Contract and the documents to which it is signatory; and 10.2 The execution, delivery and performance by Contractor and its undersigned representative(s) of this Contract and other documents to which Contractor is a signatory do not require the approval or consent of any other person, entity or government agency and do not result in any breach of any agreement to which Contractor is a party or by which it is bound; and 10.3 The execution, delivery and performance by Contractor of this Contract and other documents to which it is a signatory have been duly authorized by all necessary action, and constitute legal, valid and binding obligations of Contractor, enforceable against Contractor in accordance with its terms; and 10.4 No action, suit or proceeding to which Contractor is a party is pending or threatened that may restrain or question this Contract, or any other document to which it is a signatory, or the enjoyment of rights or benefits contemplated herein; and 10.5 Contractor has all State of Georgia Licenses and permits required for the performance of the Work and shall only use properly licensed and trained persons to perform such services. ARTICLE XI NOTICES 11.1 Delivery. All notices given by either party to the other under this Contract must be in writing and delivered by: (i) regular mail, postage prepaid; (ii) certified or registered mail; (iii) facsimile; or (iv) hand - delivery, to the parties at the addresses and facsimile numbers set forth in the Clause titled “Addresses”. Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 11 11.2 Receipt. Notices sent by mail will be deemed to be received upon deposit in the mail, properly addressed. Notices sent by certified or registered mail will be deemed to be received upon the date of the acknowledgment. Notices sent by facsimile will be deemed to be received upon successful transmission to the proper facsimile number. Notices delivered by hand- delivery will be deemed to be received upon acceptance by the respective party or its agent. 11.3 Change of Address or Facsimile Number. Either party may, at any time, change its respective address or facsimile number by sending written notice to the other party of the change. 11.4 Addresses. To OWNER: To CONTRACTOR: Augusta Regional Airport McCarthy Improvement Company Attn: Executive Director Attn: 1501 Aviation Way 5401 Victoria Avenue Augusta, Georgia 30906 Davenport, IA 52807 Telephone: (706) 7898-3236 Telephone: (563)359-0321 Fax: (706) 798-1551 Fax: (563)344-3740 With a copy to: Augusta General Counsel Augusta Richmond County Department of Law 535 Telfair St. Building 3000 Augusta, GA 30901 Fax: (706) 842-5556 ARTICLE XII INDEMNIFICATION AND HOLD HARMLESS 12.1 Except where, and to the extent caused by the gross negligence of the City, the Aviation Commission, their agents, employees, contractors, officers or, Contractor shall protect, defend, reimburse, indemnify, and hold Augusta, Georgia, the Aviation Commission, its members, agents, employees, and elected officers and each of them, free and harmless at all times as set forth in Augusta, Georgia Code, and particularly Article 1, Chapter 3, Division 1, Section 1-3-8.5, Indemnity and Insurance, as the same may be amended from time to time, and described herein. In the event of a conflict between the provisions of Augusta- Richmond County Code and this Contract, the broader requirement shall govern. Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 12 ARTICLE XIII PERMITS 13.1 Contractor shall obtain and maintain at all times all necessary licenses, permits and certifications to perform the work described in the Contract. Contractor shall furnish copies of all licenses, permits, and certifications to the Administrator. ARTICLE XIV WORK PERMITS REQUIRED 14.1 Contractor agrees and acknowledges that its employees and agent’s employees, as well as any subcontractors or subcontractors’ personnel, working on the Contract must be United States citizens, or must be lawfully admitted for residence and be permitted to work in the United States under the Immigration and Naturalization Act, 8 U.S.C. 1101, et. seq. ARTICLE XV FEDERAL WORK AUTHORIZATION 15.1 Pursuant to O.C.G.A. §13-10-91 and Georgia Department of Labor Rule 300-10-1-.02, the Owner cannot enter a contract for the physical performance of services unless the Contractor and its Subcontractors register and participate in the Federal Work Authorization Program to verify specific information on all new employees. 15.2 The Contractor certifies that it has complied and will continue to comply with O.C.G.A. §13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. 15.3 The Contractor agrees to sign an affidavit evidencing its compliance with O.C.G.A. §13- 10-91 and Georgia Department of Labor Rule 300-10-1-.02. The signed affidavit is attached to this Contract as an exhibit. 15.4 The Contractor agrees that in the event that it employs or contracts with any Subcontractor(s) in connection with this Contract, the Contractor will secure from each Subcontractor an affidavit that indicates the employee-number category applicable to that Subcontractor and certifies the Subcontractor’s current and continuing compliance with O.C.G.A. §13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. Any signed Subcontractor affidavit(s) obtained in connection with this Contract shall be attached hereto as an exhibit. Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 13 ARTICLE XVI MISCELLANEOUS CONTRACT PROVISIONS 16.1 Independent Contractor/Subcontractor Contractor is acting, in performance of this Contract, as an independent contractor. Personnel supplied by the Contractor or its agents or subcontractors hereunder are not the Owner’s employees or agents and Contractor assumes full responsibility for their acts. Contractor shall be solely responsible for the payment of compensation to Contractor’s employees. The Owner shall not be responsible for payment of Worker’s Compensation, disability benefits, and unemployment insurance or for withholding and paying employment taxes for any Contractor employee, or Contractor’s subcontractors or its agent’s employees, but such responsibility shall be solely that of Contractor. This clause of the contract does not prevent the Airport from requiring Contractor to have its employees follow normal rules and guidelines for work performance, redirecting the efforts of the employees to meet the needs of the facilities, performing safety or from requiring Contractor to perform the requirements of this Contract satisfactorily, according to the General Conditions, Scope of Services, Performance Work Statement, Service Performance Standards and Methods described herein. 16.2 Force Majeure 16.2.1 Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of any such obligation, except the payment of money, is prevented or delayed by any cause, existing or future, which is beyond the reasonable control of the affected party, or by a strike, lockout or other labor difficulty, the settlement of which shall be within the sole discretion of the party involved. 16.2.2 Each party hereto shall give notice promptly to the other of the nature and extent of any Force Majeure claimed to delay, hinder or prevent performance of the services under this Contract. In the event either party is prevented or delayed in the performance of this obligation because of such Force Majeure, there shall be an equitable adjustment of the schedule. 16.2.3 Contractor will not be liable for failure to perform or for delay in performance because of Force Majeure, including the following: 16.2.3.1 any cause beyond its reasonable control; 16.2.3.2 any act of God; 16.2.3.3 inclement weather; 16.2.3.4 earthquake; 16.2.3.5 fire; 16.2.3.6 explosion; 16.2.3.7 flood; 16.2.3.8 strike or other labor dispute; Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 14 16.2.3.9 any shortage or disruption of or inability to obtain labor, material, manufacturing facilities, power, fuel or transportation from unusual sources, or any other; 16.2.3.10 delay or failure to act of any governmental or military authority; 16.2.3.11 any war, hostility or invasion; 16.2.3.12 any embargo, sabotage, civil disturbance, riot or insurrection; 16.2.3.13 any legal proceedings; or 16.2.3.14 failure to act by Contractor’s suppliers due to any cause which Contractor is not responsible, in whole or in part. 16.3 Commercial Activities Neither Contractor nor its employees may establish any commercial activity or issue concessions or permits of any kind to third parties for establishing activities at the Airport. 16.4 Records and Audit Contractor and its subcontractors shall maintain records and accounts in connection with all aspects in the performance of this Contract, including those, which will accurately document incurred costs, both direct and indirect, of whatever nature, during and for a period of three (3) years from the expiration or other termination of this Contract, unless otherwise specified by applicable law. The Owner may examine and copy, at all reasonable times, with advance notification, those records and accounts. Contractor shall maintain all records in a central location in Augusta, Georgia. 16.5 Contingent Fees Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Contract; and that Contractor has not paid or agreed to pay any company, association, corporation, firm or person, other than a bona fide employee working for Contractor, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Contract. For the breach or violation of this warranty and upon a finding after notice and hearing, the Owner may terminate the Contract and, at its discretion, may deduct from the Contract sum, or otherwise recover the full amount of any such fee, commission, percentage, gift or consideration. 16.6 Rights and Remedies The rights and remedies of the Owner provided in this paragraph are not exclusive and are in addition to any other rights and remedies provided by law or under this Contract. 16.7 Non-Appropriations Notwithstanding anything contained in this Contract, if sufficient funds have not been appropriated to support continuation of this Contract for an additional calendar year or an additional term of the Contract, this Contract shall terminate absolutely and without further Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 15 obligation on the part of the Owner at the close of the calendar year of its execution or if the Owner suspends performance pending the appropriation of funds. 16.8 Assignment Without the prior written consent of the Owner, Contractor may not assign, transfer or convey any of its interests under this Contract, nor delegate any of its obligations or duties under this Contract except as provided herein. 16.8.1 Consent of the Owner Required. Any assignment of this Contract or rights under this Contract, in whole or part, without the prior written consent of the Owner will be void, except that, upon ten-(10) calendar days prior written notice to the Owner, Contractor may assign monies due or to become due under this Contract. Any assignment of monies will be subject to proper setoffs in favor of the Owner and to any deductions provided for in this Contract. 16.8.2 No Relief of Responsibilities. No assignment will be approved which would relieve Contractor of its responsibilities under this Contract. 16.9 Parties Bound. This Contract will be binding upon and inure to the benefit of the Owner and Contractor and their respective successors and assigns. 16.10 No Partnership or Joint Venture. Nothing contained in this Contract will be deemed to create a partnership or joint venture between the Owner and Contractor or cause the Owner to be responsible for the debts or obligations of Contractor or any other party. Contractor must not represent to anyone that its relationship to the Owner is other than as the Owner’s Contractor. Contractor must act as an independent agent and not as the agent of the Owner in performing this Contract and shall maintain complete control over its employees and all of its lower-tier suppliers and subcontractors. Nothing contained in this Contract or any lower tier purchase order or subcontract awarded by Contractor will create any contractual relationship between any lower-tier supplier or subcontractor and the Owner. No act or direction of the Owner shall be deemed to be the exercise of supervision or control of the Contractor’s performance hereunder. 16.11 Waiver The failure of the Owner to seek redress for any violation of or to insist upon the strict performance of, any term of this Contract will not prevent a subsequent violation of this Contract from being actionable by the Owner. The provision in this Contract of any particular remedy will not preclude the Owner from any other remedy. Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 16 16.12 Compliance with Applicable Laws and Regulations Contractor covenants and agrees that it, its agents and employees shall comply with all Georgia, county, state, and federal laws, Airport Rules and Regulations, and City ordinances applicable to the work to be performed under this Contract, and that it shall obtain all necessary permits, pay all license fees and taxes to comply therewith. Further, Contractor agrees that it, its agents, and employees will abide by all rules, regulations, and policies of Airport during the term of this Contract, including any renewal periods. 16.13 Patent Indemnity Except as otherwise provided, the Contractor shall indemnify the City and its Board of Commissioners, officers, agents and employees against liability, including costs and expenses for infringement upon any letters or patent of the United States arising out of the performance of this Contract or out of the use or disposal by or for the account of the Owner of supplies furnished or construction work performed hereunder. 16.14 Use of Augusta, Georgia Landfill Contractor shall dispose of all debris and trash from the Airport will be transported to and disposed of at the Augusta, Georgia Solid Waste Landfill in accordance with local and state regulations. The Contractor shall provide evidence of proper disposal through manifests, which shall include the types of material disposed of, the name and location of the disposal facility, date of disposal and all related fees. 16.15 Inspection The Owner may, at reasonable times, inspect the part of the plant, place of business, or work site of a contractor or subcontractor or subunit thereof which is pertinent to the performance of the contract. 16.16 Temporary Suspension or Delay of Performance of Contract To the extent that it does not alter the scope of this Contract the Owner may unilaterally order a temporary stopping of the work, or delaying of the work to be performed by the Contractor under this Contact. 16.17 Entire Agreement This Contract, together with all of the attachments shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Contract shall not be binding upon either party except to the extent incorporated in this Contract. 16.18 Governing Law This Contract will be construed under Georgia law, including the Georgia Uniform Commercial Code; all remedies available under that code are applicable to this Contract. Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 17 Contractor and the Owner fix jurisdiction and venue for any action brought with respect to this Contract in Augusta, Georgia. 16.19 Legal Construction If any provision contained in this Contract is held to be invalid, illegal or unenforceable, that invalidity, illegality or unenforceability will not affect any other provision of this Contract and this Contract will be construed as if the invalid, illegal or unenforceable provision had never been contained in this Contract. 16.20 Prior Contracts Superseded This Contract and the attachments constitute the sole and only agreement between Contractor and the City with respect to the subject matter of this Contract and supersede any prior understandings or written or oral contracts respecting the subject matter of this Contract. 16.21 Counterparts This Contract may be executed concurrently in one or more counterparts, each of which will be deemed an original, but all of which will together constitute one Contract. 16.22 Further Acts Owner and Contractor each agrees to perform any additional acts and execute and deliver any additional documents as may reasonably be necessary in order to carry out the provisions and affect the intent of this Contract. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their appropriate officials, as of the date first written above. BALANCE OF PAGE LEFT BLANK INTENTIONALLY Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 19 FEDERAL REQUIREMENTS ACCESS TO RECORDS AND REPORTS The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to provide the Owner, the Federal Aviation Administration (FAA), and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers, and records of the contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor shall maintain all books, records and reports required under this contract for a period of not less than three (3) years after final payment is made and all pending matters are closed. NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION 1. The Contractor shall adhere with the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: Timetables Goals for minority participation for each trade 27.2% Goals for female participation in each trade 6.9% These goals are applicable to all of the Contractor's construction work (whether or not it is Federal or federally-assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and non-federally involved construction. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training shall be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from contractor to contractor or from project to project, for the sole of meeting the Contractor's goals, shall be a violation of the contract, the Executive Order, and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The Contractor shall provide written notification to the Director, OFCCP, within ten (10) working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 20 address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of subcontract; and the geographical area in which the subcontract is to be performed. 4. As used in this notice and in the contract resulting from this solicitation, the "covered area" is the City of Augusta, Richmond County, Georgia. GENERAL CIVIL RIGHTS PROVISIONS The Contractor agrees that it will comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision is in addition to that required of Title VI of the Civil Rights Act of 1964. This provision also obligates the Contractor or its successor for the period during which Federal assistance is extended to the Airport through the Airport Improvement Program, except where Federal assistance is to provide, or is in the form of personal property; real property or interest therein; structures or improvements thereon. In these cases the provision obligates the party or any transferee for the longer of the following periods: (a) the period during which the property is used by the Airport Owner or any transferee for a purpose for which Federal assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which the Airport Owner or any transferee retains ownership or possession of the property. TITLE VI COMPLIANCE WITH NONDISCRIMINATION REQUIREMENTS During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees as follows: 1. Compliance with Regulations: The Contractor (hereinafter includes consultants or subcontractors) will comply with the Title VI List of Pertinent Nondiscrimination Statutes and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Non-discrimination: The Contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, creed, color, national origin, sex, age, or handicap in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21. Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 21 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor’s obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, creed, color, national origin, sex, age, or handicap. 4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Owner or the Federal Aviation Administration to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the Owner or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a Contractor’s noncompliance with the Non-discrimination provisions of this contract, the Owner will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to: a. Withholding payments to the contractor under the contract until the contractor complies; and/or b. Cancelling, terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the Owner or the Federal Aviation Administration (FAA) may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the Owner to enter into any litigation to protect the interests of the sponsor. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. DBE STATEMENTS The following conditions apply to this Department of Transportation (DOT) assisted contract. Contractor shall adhere to these contract conditions. 1. Contract Assurance (§26.13) - The Contractor or subcontractor shall not discriminate on the basis of race, color, religion, sex, or national origin in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the Contractor to carry out these Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 22 requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the Owner deems appropriate. 2. Prompt Payment (§26.29) - The prime Contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime contractor receives from the Augusta Aviation Commission. The prime Contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the Augusta Aviation Commission. This clause applies to both DBE and non-DBE subcontractors. Subcontract Clause – Contractor shall include all above compliance clauses in all subcontracts which offer further subcontracting opportunities. 1. DBE Participation Goal – The attainment of goals established for this Contract is to be measured as a percentage of the total dollar value of the Contract. The goals established for this Contract are as follows: 13.3 percent to be performed by DBE firms (based on historical availability of references and the Engineer’s determination that the above prescribed percentages of the total project work is available to be performed by disadvantaged business enterprise (DBE) firms within the project area). FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE) All contracts and subcontracts that result from this solicitation shall incorporate the following provisions by reference, with the same force and effect as if given in full text. The Contractor has full responsibility to monitor compliance to the referenced statute or regulation. The Contractor must address any claims or disputes that pertain to a referenced requirement directly with the Federal Agency with enforcement responsibilities. Requirement Federal Agency with Enforcement Responsibilities Federal Fair Labor Standards Act (29 USC 201) U.S. Department of Labor – Wage and Hour Division LOBBYING AND INFLUENCING FEDERAL EMPLOYEES The Contractor certifies that to the best of his or her knowledge and belief, that: 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Bidder or offeror, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 23 making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. ENERGY CONSERVATION REQUIREMENTS The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency that are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163). OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 All Contracts and subcontracts that result from this solicitation incorporate the following provisions by reference, with the same force and effect as if given in full text. The Contractor has full responsibility to monitor compliance to the referenced statute or regulation. The Contractor must address any claims or disputes that pertain to a referenced requirement directly with the Federal Agency with enforcement responsibilities. Requirement Federal Agency with Enforcement Responsibilities Occupational Safety and Health Act of 1970 (20 CFR Part 1910) U.S. Department of Labor – Occupational Safety and Health Administration TRADE RESTRICTION CLAUSE The Contractor or subcontractor, by execution of a contract, certifies that it: a. is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office of the United States Trade Representative (USTR); Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 24 b. has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list; c. has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to a contractor or subcontractor who is unable to certify to the above. If the Contractor knowingly procures or subcontracts for the supply of any product or service of a foreign country on said list for use on the project, the Federal Aviation Administration may direct through the Owner cancellation of the contract at no cost to the Government. Further, the Contractor agrees that, if awarded a contract resulting from this solicitation, it shall incorporate this provision for certification, without modification in each contract and in all lower tier subcontracts. The Contractor may rely on the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous. The Contractor shall provide immediate written notice to the Owner if the Contractor learns that its certification, or that of a subcontractor, was erroneous when submitted or has become erroneous by reason of changed circumstances. The subcontractor agrees to provide written notice to the contractor if at any time it learns that its certification was erroneous by reason of changed circumstances. This certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that the contractor or subcontractor knowingly rendered an erroneous certification, the FAA may direct through the Owner cancellation of the contract or subcontract for default at no cost to the Government. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a Contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. RIGHTS TO INVENTIONS All rights to inventions and materials generated under this contract are subject to requirements and regulations issued by the FAA and the Owner of the Federal grant under which this contract is executed. Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 25 VETERAN’S PREFERENCE In the employment of labor (except in executive, administrative, and supervisory positions), preference must be given to Vietnam era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns owned and controlled by disabled veterans as defined in Title 49 United States Code, Section 47112. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. COPELAND “ANTI-KICKBACK” ACT The United States Department of Labor Wage and Hours Division oversees the Copeland “Anti- Kickback” Act requirements. All contracts and subcontracts must meet comply with the Occupational Safety and Health Act of 1970. United States Department of Labor Wage and Hours Division can provide information regarding any specific clauses or assurances pertaining to the Copeland “Anti-Kickback” Act requirements required to be inserted in solicitations, contracts or subcontracts. DAVIS BACON REQUIREMENTS 1. Minimum Wages (i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under (1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers. Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 26 (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the Contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii) (B) or (C) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 27 2. Withholding. The Federal Aviation Administration or the Owner shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this contract or any other Federal contract with the same prime Contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime Contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of work, all or part of the wages required by the contract, the FAA may, after written notice to the Contractor, Owner, or applicant, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the FAA if the agency is a party to the contract, but if the agency is not such a party, the Contractor will submit the payrolls to the applicant or Owner, as the case may be, for transmission to the FAA. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime Contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the FAA if the agency is a party to the contract, but if the agency is not such a party, the Contractor will submit Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 28 them to the applicant or Owner, as the case may be, for transmission to the FAA, the Contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime Contractor to require a subcontractor to provide addresses and social security numbers to the prime Contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, or Owner). (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under § 5.5(a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under § 5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (2) That each laborer and mechanic (including each helper, apprentice and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The Contractor or subcontractor shall make the records required under paragraph (3)(i) of this section available for inspection, copying or transcription by authorized representatives of the Owner, the FAA or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the Contractor, applicant, or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 29 Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the Contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 30 (iii) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with the Copeland Act Requirements. The Contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract. 6. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR Part 5.5(a)(1) through (10) and such other clauses as the FAA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5. 7. Contract Termination: Debarment. A breach of the contract clauses in paragraph 1 through 10 of this section may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of Eligibility. (i) By entering into this contract, the Contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 31 EQUAL EMPLOYMENT OPPORTUNITY During the performance of this contract, the Contractor agrees as follows: 1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, as amended, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedure authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provision, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 32 a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS 1. As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal social security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941; d. "Minority" includes: (1) Black (all) persons having origins in any of the Black African racial groups not of Hispanic origin); (2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin regardless of race); (3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors shall be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 18.7a through 18.7p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 33 contractors performing construction work in a geographical area where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the Contractor has a collective bargaining agreement to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246 or the regulations promulgated pursuant thereto. 6. In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees shall be employed by the Contractor during the training period and the Contractor shall have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees shall be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefore along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or female sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 34 Contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the Contractor’s EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with onsite supervisory personnel such a superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other contractors and subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students; and to minority and female recruitment and training organizations serving the contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a Contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. l. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are non-segregated except that separate or single user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 35 p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their affirmative action obligations (18.7a through 18.7p). The efforts of a contractor association, joint contractor union, contractor community, or other similar groups of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 18.7a through 18.7p of these specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non- minority. Consequently, if the particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its goals for women generally,) the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized. 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The Contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 18.7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company’s EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee, the name, address, telephone number, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 36 hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, Contractor shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). CERTIFICATION OF NON-SEGREGATED FACILITIES The federally-assisted construction Contractor certifies that it does not maintain or provide, for its employees, any segregated facilities at any of its establishments and that it does not permit its employees to perform its services at any location, under its control, where segregated facilities are maintained. The federally-assisted construction Contractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms, and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directives or are, in fact, segregated on the basis of race, color, religion, or national origin because of habit, local custom, or any other reason. The federally-assisted construction Contractor agrees that (except where it has obtained identical certifications from proposed subcontractors for specific time periods) it will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause and that it will retain such certifications in its files. TERMINATION OF CONTRACT a. The Owner may, by written notice, terminate this contract in whole or in part at any time, either for the Owner's convenience or because of failure to fulfill the contract obligations. Upon receipt of such notice services shall be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this contract, whether completed or in progress, delivered to the Owner. b. If the termination is for the convenience of the Owner, an equitable adjustment in the contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed services. c. If the termination is due to failure to fulfill the Contractor's obligations, the Owner may take over the Work and prosecute the same to completion by contract or otherwise. In such case, the Contractor shall be liable to the Owner for any additional cost occasioned to the Owner thereby. d. If, after notice of termination for failure to fulfill contract obligations, it is determined that the Contractor had not so failed, the termination shall be deemed to have been effected for the Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 37 convenience of the Owner. In such event, adjustment in the contract price shall be made as provided in paragraph 2 of this clause. e. The rights and remedies of the Owner provided in this clause are in addition to any other rights and remedies provided by law or under this contract. BREACH OF CONTRACT TERMS Any violation or breach of the terms of this contract on the part of the Contractor or subcontractor may result in the suspension or termination of this contract or such other action which may be necessary to enforce the rights of the parties under this contract. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law. CLEAN AIR AND WATER POLLUTION CONTROL Contractor and subcontractors agree: a. That any facility to be used in the performance of the contract or subcontract or to benefit from the contract is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities; b. To comply with all the requirements of Section 114 of the Clean Air Act, as amended, 42 U.S.C. 1857 et seq. and Section 308 of the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section 114 and Section 308 of the Acts, respectively, and all other regulations and guidelines issued thereunder; c. That, as a condition for the award of this contract, the Contractor or subcontractor will notify the awarding official of the receipt of any communication from the EPA indicating that a facility to be used for the performance of or benefit from the contract is under consideration to be listed on the EPA List of Violating Facilities; d. To include or cause to be included in any construction contract or subcontract which exceeds $ 100,000 the aforementioned criteria and requirements. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT REQUIREMENTS 1. Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, including watchmen and guards, in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 38 2. Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in paragraph (1) above, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph 1 above, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1 above. 3. Withholding for Unpaid Wages and Liquidated Damages. The Federal Aviation Administration or the Owner shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime Contractor, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 2 above. 4. Subcontractors. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs 1 through 4 and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1 through 4 of this section. TEXTING WHEN DRIVING In accordance with Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving" (10/1/2009) and DOT Order 3902.10 “Text Messaging While Driving” (12/30/2009), FAA encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or sub-grant. The Contractor must promote policies and initiatives for employees and other work personnel that decrease crashes by distracted drivers, including policies to ban text messaging while driving. The Contractor must include these policies in each third party subcontract involved on this project. WAGE RATE DETERMINATION General Decision Number: GA150007 01/02/2015 GA7 Superseded General Decision Number: GA20140007 State: Georgia Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 39 Construction Type: Highway Counties: Burke, Columbia, Glascock, Hancock, Jefferson, Jenkins, Lincoln, McDuffie, Richmond, Taliaferro, Warren, Washington and Wilkes Counties in Georgia. HIGHWAY CONSTRUCTION PROJECTS Note: Executive Order (EO) 13658 establishes an hourly minimum wage of $10.10 for 2015 that applies to all contracts subject to the Davis-Bacon Act for which the solicitation is issued on or after January 1, 2015. If this contract is covered by the EO, the Contractor must pay all workers in any classification listed on this wage determination at least $10.10 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract. The EO minimum wage rate will be adjusted annually. Additional information on Contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/02/2015 SUGA2011-007 03/07/2011 Rates Fringes CARPENTER........................$ 11.45 CEMENT MASON/CONCRETE FINISHER...$ 11.36 LABORER Asphalt Raker...............$ 11.00 Asphalt Screed Person.......$ 10.50 Common or General...........$ 8.93 Form Setter.................$ 10.35 Guardrail Erector...........$ 13.50 Milling Machine Ground Person......................$ 10.00 Pipe Layer..................$ 10.20 POWER EQUIPMENT OPERATOR: Asphalt Distributor.........$ 14.10 Asphalt Paver/Spreader......$ 12.00 Backhoe/Excavator...........$ 10.80 Bulldozer...................$ 11.60 Compactor...................$ 10.00 Crane/Dragline..............$ 17.50 Front End Loader............$ 10.70 Material Transfer Vehicle (Shuttle Buggy).............$ 11.30 Mechanic....................$ 12.75 Milling Machine.............$ 11.50 Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 40 Motorgrader Fine Grade......$ 14.55 Motorgrader/Blade...........$ 16.00 Roller......................$ 10.00 Water Truck.................$ 11.25 TRUCK DRIVER 26,000 GVW & Under..........$ 10.79 26,001 GVW & Over...........$ 12.75 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 41 Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in article 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 42 Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. ================================================================ END OF GENERAL DECISION Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 GENERAL PROVISIONS SECTION 10 DEFINITION OF TERMS Whenever the following terms are used in these specifications, in the contract, or in any documents or other instruments pertaining to construction where these specifications govern, the intent and meaning shall be interpreted as follows: 10-01 AASHTO. The American Association of State Highway and Transportation Officials, the successor association to AASHO. 10-02 Access road. The right-of-way, the roadway and all improvements constructed thereon connecting the airport to a public highway. 10-03 Advertisement. A public announcement, as required by local law, inviting bids for work to be performed and materials to be furnished. 10-04 Airport Improvement Program (AIP). A grant-in-aid program, administered by the Federal Aviation Administration (FAA). 10-05 Air operations area (AOA). For the purpose of these specifications, the term air operations area (AOA) shall mean any area of the airport used or intended to be used for the landing, takeoff, or surface maneuvering of aircraft. An air operation area shall include such paved or unpaved areas that are used or intended to be used for the unobstructed movement of aircraft in addition to its associated runway, taxiway, or apron. 10-06 Airport. Airport means an area of land or water which is used or intended to be used for the landing and takeoff of aircraft; an appurtenant area used or intended to be used for airport buildings or other airport facilities or rights of way; and airport buildings and facilities located in any of these areas, and includes a heliport. In this contract it shall also mean the Augusta Regional Airport. 10-07 ASTM International (ASTM). Formerly known as the American Society for Testing and Materials (ASTM). 10-08 Award. The Owner’s notice to the successful Bidder of the acceptance of the submitted bid. 10-09 Bidder. Any individual, partnership, firm, or corporation, acting directly or through a duly authorized representative, who submits a bid for the work contemplated. 10-10 Bid. The written offer of the Bidder (when submitted on the approved bid form) to perform the contemplated work and furnish the necessary materials in accordance with the provisions of the plans and specifications. Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 10-11 Bid guaranty. The security furnished with a bid to guarantee that the Bidder will enter into a contract if his or her bid is accepted by the Owner. 10-12 Building area. An area on the airport to be used, considered, or intended to be used for airport buildings or other airport facilities or rights-of-way together with all airport buildings and facilities located thereon. 10-13 Calendar day. Every day shown on the calendar. 10-14 Change order. A written order to the Contractor covering changes in the plans, specifications, or bid quantities and establishing the basis of payment and contract time adjustment, if any, for the work affected by such changes. The work, covered by a change order, must be within the scope of the contract. 10-15 Contract. The written agreement covering the work to be performed. The awarded contract shall include, but is not limited to: the Contract Form, Bidder’s bid submissions, bid forms, Performance Bond, Payment Bond, any required insurance certificates, Construction Safety and Phasing Plan, Specifications, Plans, and any addenda issued. 10-16 Contract item (pay item). A specific unit of work for which a price is provided in the contract. 10-17 Contract time. The number of calendar days or working days, stated in the bid, allowed for completion of the contract, including authorized time extensions. If a calendar date of completion is stated in the bid, in lieu of a number of calendar or working days, the contract shall be completed by that date. 10-18 Contractor. The individual, partnership, firm, or corporation primarily liable for the acceptable performance of the work contracted and for the payment of all legal debts pertaining to the work who acts directly or through lawful agents or employees to complete the contract work. 10-19 Contractor’s laboratory. The Contractor’s quality control organization in accordance with the Contractor Quality Control Program. 10-20 Construction Safety and Phasing Plan (CSPP). The overall plan for safety and phasing of a construction project developed by the Airport, or developed by the Airport’s consultant and approved by the Airport. It is included in the invitation for bids and becomes part of the project specifications. 10-21 Drainage system. The system of pipes, ditches, and structures by which surface or subsurface waters are collected and conducted from the Airport area. Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 10-22 Engineer. The individual, partnership, firm, or corporation duly authorized by the Owner to be responsible for engineering inspection of the contract work and acting directly or through an authorized representative. 10-23 Equipment. All machinery, together with the necessary supplies for upkeep and maintenance, and also all tools and apparatus necessary for the proper construction and acceptable completion of the work. 10-24 Extra work. An item of work not provided for in the awarded contract as previously modified by change order or supplemental agreement, but which is found by the Engineer to be necessary to complete the Work within the intended scope of the contract. 10-25 FAA. The Federal Aviation Administration of the U.S. Department of Transportation. When used to designate a person, FAA shall mean the Administrator or his or her duly authorized representative. 10-26 Federal specifications. The Federal Specifications and Standards, Commercial Item Descriptions, and supplements, amendments, and indices thereto are prepared and issued by the General Services Administration of the Federal Government. 10-27 Force account. Force account work is planning, engineering, or construction work done by the Sponsor’s employees. 10-28 Inspector. An authorized representative of the Engineer assigned to make all necessary inspections and tests of the work performed or being performed, or of the materials furnished or being furnished by the Contractor. 10-29 Intention of terms. Whenever, in these specifications or on the plans, the words “directed,” “required,” “permitted,” “ordered,” “designated,” “prescribed,” or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation, or prescription of the Engineer is intended; and similarly, the words “approved,” “acceptable,” “satisfactory,” or words of like import, shall mean approved by, or acceptable to, or satisfactory to the Engineer, subject in each case to the final determination of the Owner. Any reference to a specific requirement of a numbered paragraph of the contract specifications or a cited standard shall be interpreted to include all general requirements of the entire section, specification item, or cited standard that may be pertinent to such specific reference. 10-30 Laboratory. The official testing laboratories of the Owner or such other laboratories as may be designated by the Engineer. Also referred to as “Engineer’s Laboratory” or “quality assurance laboratory.” Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 10-31 Lighting. A system of fixtures providing or controlling the light sources used on or near the airport or within the airport buildings. The field lighting includes all luminous signals, markers, floodlights, and illuminating devices used on or near the airport or to aid in the operation of aircraft landing at, taking off from, or taxiing on the airport surface. 10-32 Major and minor contract items. A major contract item shall be any item that is listed in the bid, the total cost of which is equal to or greater than 20% of the total amount of the award contract. All other items shall be considered minor contract items. 10-33 Materials. Any substance specified for use in the construction of the contract work. 10-34 Notice to Proceed (NTP). A written notice to the Contractor to begin the actual contract work on a previously agreed to date. If applicable, the Notice to Proceed shall state the date on which the contract time begins. 10-35 Owner. The term “Owner” shall mean the party of the first part or the contracting agency signatory to the contract. Where the term “Owner” is capitalized in this document, it shall mean airport Sponsor only. 10-36 Passenger Facility Charge (PFC). Per 14 CFR Part 158 and 49 USC § 40117, a PFC is a charge imposed by a public agency on passengers enplaned at a commercial service airport it controls.” 10-37 Pavement. The combined surface course, base course, and subbase course, if any, considered as a single unit. 10-38 Payment bond. The approved form of security furnished by the Contractor and his or her surety as a guaranty that the Contractor will pay in full all bills and accounts for materials and labor used in the construction of the work. 10-39 Performance bond. The approved form of security furnished by the Contractor and his or her surety as a guaranty that the Contractor will complete the work in accordance with the terms of the contract. 10-40 Plans. The official drawings or exact reproductions which show the location, character, dimensions and details of the airport and the work to be done and which are to be considered as a part of the contract, supplementary to the specifications. 10-41 Project. The agreed scope of work for accomplishing the work in this Contract. 10-42 Proposal. Where the term “proposal” is used in the Federal or FAA technical specifications, it shall be interpreted to mean “bid” for this Project. 10-43 Runway. The area on the airport prepared for the landing and takeoff of aircraft. Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 10-44 Specifications. A part of the contract containing the written directions and requirements for completing the contract work. Standards for specifying materials or testing which are cited in the contract specifications by reference shall have the same force and effect as if included in the contract physically. 10-45 Sponsor. A Sponsor is defined in 49 USC § 47102(24) as a public agency that submits to the FAA for an AIP grant; or a private Owner of a public-use airport that submits to the FAA an application for an AIP grant for the airport. 10-46 Structures. Airport facilities such as bridges; culverts; catch basins, inlets, retaining walls, cribbing; storm and sanitary sewer lines; water lines; underdrains; electrical ducts, manholes, handholes, lighting fixtures and bases; transformers; flexible and rigid pavements; navigational aids; buildings; vaults; and, other manmade features of the airport that may be encountered in the work and not otherwise classified herein. 10-47 Subgrade. The soil that forms the pavement foundation. 10-48 Superintendent. The Contractor’s executive representative who is present on the work during progress, authorized to receive and fulfill instructions from the Engineer, and who shall supervise and direct the construction. 10-49 Supplemental agreement. A written agreement between the Contractor and the Owner covering (1) work that would increase or decrease the total amount of the awarded contract, or any major contract item, by more than 25%, such increased or decreased work being within the scope of the originally awarded contract; or (2) work that is not within the scope of the originally awarded contract. 10-50 Surety. The corporation, partnership, or individual, other than the Contractor, executing payment or performance bonds that are furnished to the Owner by the Contractor. 10-51 Taxiway. For the purpose of this document, the term taxiway means the portion of the air operations area of an airport that has been designated by competent airport authority for movement of aircraft to and from the airport’s runways, aircraft parking areas, and terminal areas. 10-52 Work. The furnishing of all labor, materials, tools, equipment, and incidentals necessary or convenient to the Contractor’s performance of all duties and obligations imposed by the contract, plans, and specifications. 10-53 Working day. A working day shall be any day other than a legal holiday, Saturday, or Sunday on which the normal working forces of the Contractor may proceed with regular work for at least six (6) hours toward completion of the contract. When work is suspended for causes beyond the Contractor’s control, it will not be counted as a working day. Saturdays, Sundays and Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 holidays on which the Contractor’s forces engage in regular work will be considered as working days. END OF SECTION 10 SECTION 40 SCOPE OF WORK 40-01 Intent of contract. The intent of the contract is to provide for construction and completion, in every detail, of the work described. It is further intended that the Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies required to complete the work in accordance with the plans, specifications, and terms of the contract. 40-02 Alteration of work and quantities. The Owner reserves and shall have the right to make such alterations in the work as may be necessary or desirable to complete the work originally intended in an acceptable manner. Unless otherwise specified herein, the Engineer shall be and is hereby authorized to make such alterations in the work as may increase or decrease the originally awarded contract quantities, provided that the aggregate of such alterations does not change the total contract cost or the total cost of any major contract item by more than 25% (total cost being based on the unit prices and estimated quantities in the awarded contract). Alterations that do not exceed the 25% limitation shall not invalidate the contract nor release the surety, and the Contractor agrees to accept payment for such alterations as if the altered work had been a part of the original contract. These alterations that are for work within the general scope of the contract shall be covered by “Change Orders” issued by the Engineer. Change orders for altered work shall include extensions of contract time where, in the Engineer’s opinion, such extensions are commensurate with the amount and difficulty of added work. Should the aggregate amount of altered work exceed the 25% limitation hereinbefore specified, such excess altered work shall be covered by supplemental agreement. If the Owner and the Contractor are unable to agree on a unit adjustment for any contract item that requires a supplemental agreement, the Owner reserves the right to terminate the contract with respect to the item and make other arrangements for its completion. Supplemental agreements shall be approved by the FAA and shall include all applicable Federal contract provisions for procurement and contracting required under AIP. Supplemental agreements shall also require consent of the Contractor’s surety and separate performance and payment bonds. Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 40-03 Omitted items. The Engineer may, in the Owner’s best interest, omit from the work any contract item, except major contract items. Major contract items may be omitted by a supplemental agreement. Such omission of contract items shall not invalidate any other contract provision or requirement. Should a contract item be omitted or otherwise ordered to be non-performed, the Contractor shall be paid for all work performed toward completion of such item prior to the date of the order to omit such item. Payment for work performed shall be in accordance with the subsection 90-04 titled PAYMENT FOR OMITTED ITEMS of Section 90. 40-04 Extra work. Should acceptable completion of the contract require the Contractor to perform an item of work for which no basis of payment has been provided in the original contract or previously issued change orders or supplemental agreements, the same shall be called “Extra Work.” Extra Work that is within the general scope of the contract shall be covered by written change order. Change orders for such Extra Work shall contain agreed unit prices for performing the change order work in accordance with the requirements specified in the order, and shall contain any adjustment to the contract time that, in the Engineer’s opinion, is necessary for completion of such Extra Work. When determined by the Engineer to be in the Owner’s best interest, the Engineer may order the Contractor to proceed with Extra Work as provided in the subsection 90-05 titled PAYMENT FOR EXTRA WORK of Section 90. Extra Work that is necessary for acceptable completion of the project, but is not within the general scope of the work covered by the original contract shall be covered by a Supplemental Agreement as defined in the subsection 10-48 titled SUPPLEMENTAL AGREEMENT of Section 10. Any claim for payment of Extra Work that is not covered by written agreement (change order or supplemental agreement) shall be rejected by the Owner. 40-05 Maintenance of traffic. It is the explicit intention of the contract that the safety of aircraft, as well as the Contractor’s equipment and personnel, is the most important consideration. a. It is understood and agreed that the Contractor shall provide for the free and unobstructed movement of aircraft in the air operations areas (AOAs) of the Airport with respect to his or her own operations and the operations of all subcontractors as specified in the subsection 80-04 titled LIMITATION OF OPERATIONS of Section 80. It is further understood and agreed that the Contractor shall provide for the uninterrupted operation of visual and electronic signals (including power supplies thereto) used in the guidance of aircraft while operating to, from, and upon the Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 airport as specified in the subsection 70-15 titled CONTRACTOR’S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF OTHERS in Section 70. b. With respect to his or her own operations and the operations of all subcontractors, the Contractor shall provide marking, lighting, and other acceptable means of identifying personnel, equipment, vehicles, storage areas, and any work area or condition that may be hazardous to the operation of aircraft, fire-rescue equipment, or maintenance vehicles at the Airport. c. When the contract requires the maintenance of vehicular traffic on an existing road, street, or highway during the Contractor’s performance of work that is otherwise provided for in the contract, plans, and specifications, the Contractor shall keep such road, street, or highway open to all traffic and shall provide such maintenance as may be required to accommodate traffic. The Contractor shall be responsible for the repair of any damage caused by the Contractor’s equipment and personnel. The Contractor shall furnish, erect, and maintain barricades, warning signs, flag person, and other traffic control devices in reasonable conformity with the Manual on Uniform Traffic Control Devices (MUTCD) (http://mutcd.fhwa.dot.gov/), unless otherwise specified. The Contractor shall also construct and maintain in a safe condition any temporary connections necessary for ingress to and egress from abutting property or intersecting roads, streets or highways. 40-06 Removal of existing structures. All existing structures encountered within the established lines, grades, or grading sections shall be removed by the Contractor, unless such existing structures are otherwise specified to be relocated, adjusted up or down, salvaged, abandoned in place, reused in the work or to remain in place. The cost of removing such existing structures shall not be measured or paid for directly, but shall be included in the various contract items. Should the Contractor encounter an existing structure (above or below ground) in the work for which the disposition is not indicated on the plans, the Engineer shall be notified prior to disturbing such structure. The disposition of existing structures so encountered shall be immediately determined by the Engineer in accordance with the provisions of the contract. Except as provided in the subsection 40-07 titled RIGHTS IN AND USE OF MATERIALS FOUND IN THE WORK of this section, it is intended that all existing materials or structures that may be encountered (within the lines, grades, or grading sections established for completion of the work) shall be used in the work as otherwise provided for in the contract and shall remain the property of the Owner when so used in the work. 40-07 Rights in and use of materials found in the Work. Should the Contractor encounter any material such as (but not restricted to) sand, stone, gravel, slag, or concrete slabs within the Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 established lines, grades, or grading sections, the use of which is intended by the terms of the contract to be either embankment or waste, the Contractor may at its option either: a. Use such material in another contract item, providing such use is approved by the Engineer and is in conformance with the contract specifications applicable to such use; or, b. Remove such material from the site, upon written approval of the Engineer; or c. Use such material for the Contractor’s own temporary construction on site; or, d. Use such material as intended by the terms of the contract. Should the Contractor wish to exercise option a., b., or c., the Contractor shall request the Engineer’s approval in advance of such use. Should the Engineer approve the Contractor’s request to exercise option a., b., or c., the Contractor shall be paid for the excavation or removal of such material at the applicable contract price. The Contractor shall replace, at its own expense, such removed or excavated material with an agreed equal volume of material that is acceptable for use in constructing embankment, backfills, or otherwise to the extent that such replacement material is needed to complete the contract work. The Contractor shall not be charged for use of such material used in the work or removed from the site. Should the Engineer approve the Contractor’s exercise of option a., the Contractor shall be paid, at the applicable contract price, for furnishing and installing such material in accordance with requirements of the contract item in which the material is used. It is understood and agreed that the Contractor shall make no claim for delays by reason of its exercise of option a., b., or c. The Contractor shall not excavate, remove, or otherwise disturb any material, structure, or part of a structure which is located outside the lines, grades, or grading sections established for the Work, except where such excavation or removal is provided for in the contract, plans, or specifications. 40-08 Final cleanup. Upon completion of the work and before acceptance and final payment will be made, the Contractor shall remove from the site all machinery, equipment, surplus and discarded materials, rubbish, temporary structures, and stumps or portions of trees. The Contractor shall cut all brush and woods within the limits indicated and shall leave the site in a neat and presentable condition. Material cleared from the site and deposited on adjacent property will not be considered as having been disposed of satisfactorily, unless the Contractor has obtained the written permission of such property Owner. Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 END OF SECTION 40 SECTION 50 CONTROL OF WORK 50-01 Authority of the Engineer. The Engineer shall decide any and all questions which may arise as to the quality and acceptability of materials furnished, work performed, and as to the manner of performance and rate of progress of the work. The Engineer shall decide all questions that may arise as to the interpretation of the specifications or plans relating to the work. The Engineer shall determine the amount and quality of the several kinds of work performed and materials furnished which are to be paid for the under contract. The Engineer does not have the authority to accept pavements that do not conform to FAA specification requirements. 50-02 Conformity with plans and specifications. All work and all materials furnished shall be in reasonably close conformity with the lines, grades, grading sections, cross-sections, dimensions, material requirements, and testing requirements that are specified (including specified tolerances) in the contract, plans or specifications. If the Engineer finds the materials furnished, work performed, or the finished product not within reasonably close conformity with the plans and specifications but that the portion of the work affected will, in his or her opinion, result in a finished product having a level of safety, economy, durability, and workmanship acceptable to the Owner, the Engineer will advise the Owner of his or her determination that the affected work be accepted and remain in place. In this event, the Engineer will document the determination and recommend to the Owner a basis of acceptance that will provide for an adjustment in the contract price for the affected portion of the work. The Engineer’s determination and recommended contract price adjustments will be based on sound engineering judgment and such tests or retests of the affected work as are, in the Engineer’s opinion, needed. Changes in the contract price shall be covered by contract change order or supplemental agreement as applicable. If the Engineer finds the materials furnished, work performed, or the finished product are not in reasonably close conformity with the plans and specifications and have resulted in an unacceptable finished product, the affected work or materials shall be removed and replaced or otherwise corrected by and at the expense of the Contractor in accordance with the Engineer’s written orders. Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 For the purpose of this subsection, the term “reasonably close conformity” shall not be construed as waiving the Contractor’s responsibility to complete the work in accordance with the contract, plans, and specifications. The term shall not be construed as waiving the Engineer’s responsibility to insist on strict compliance with the requirements of the contract, plans, and specifications during the Contractor’s execution of the work, when, in the Engineer’s opinion, such compliance is essential to provide an acceptable finished portion of the work. For the purpose of this subsection, the term “reasonably close conformity” is also intended to provide the Engineer with the authority, after consultation with the FAA, to use sound engineering judgment in his or her determinations as to acceptance of work that is not in strict conformity, but will provide a finished product equal to or better than that intended by the requirements of the contract, plans and specifications. The Engineer will not be responsible for the Contractor’s means, methods, techniques, sequences, or procedures of construction or the safety precautions incident thereto. 50-03 Coordination of contract, plans, and specifications. The contract, plans, specifications, and all referenced standards cited are essential parts of the contract requirements. A requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete work. In case of discrepancy, calculated dimensions will govern over scaled dimensions; contract Technical Specifications shall govern over contract General Provisions, Plans, cited standards for materials or testing, and cited Advisory Circulars (ACs); contract General Provisions shall govern over Plans, cited standards for materials or testing, and cited ACs; Plans shall govern over cited standards for materials or testing and cited ACs. If any paragraphs contained in the Special Provisions conflict with General Provisions or Technical Specifications, the Special Provisions shall govern. From time to time, discrepancies within cited testing standards occur due to the timing of the change, edits, and/or replacement of the standards. If the Contractor discovers any apparent discrepancy within standard test methods, the Contractor shall immediately ask the Engineer for an interpretation and decision, and such decision shall be final. 50-04 Cooperation of Contractor. The Contractor will be supplied with five (5) copies each of the Plans and Specifications. The Contractor shall have available on the work at all times one copy each of the Plans and Specifications. Additional copies of Plans and Specifications may be obtained by the Contractor for the cost of reproduction. The Contractor shall give constant attention to the work to facilitate the progress thereof, and shall cooperate with the Engineer and his or her inspectors and with other contractors in every way Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 possible. The Contractor shall have a competent superintendent on the work at all times who is fully authorized as its agent on the Work. The superintendent shall be capable of reading and thoroughly understanding the plans and specifications and shall receive and fulfill instructions from the Engineer or his or her authorized representative. 50-05 Cooperation between contractors. The Owner reserves the right to contract for and perform other or additional work on or near the Work covered by this contract. When separate contracts are let within the limits of any one project, each Contractor shall conduct the Work so as not to interfere with or hinder the progress of completion of the work being performed by other Contractors. Contractors working on the same project shall cooperate with each other as directed. Each Contractor involved shall assume all liability, financial or otherwise, in connection with its contract and shall protect and save harmless the Owner from any and all damages or claims that may arise because of inconvenience, delays, or loss experienced because of the presence and operations of other Contractors working within the limits of the same project. The Contractor shall arrange its work and shall place and dispose of the materials being used so as not to interfere with the operations of the other Contractors within the limits of the same project. The Contractor shall join its work with that of the others in an acceptable manner and shall perform it in proper sequence to that of the others. 50-06 Construction layout and stakes. The Engineer shall establish horizontal and vertical control only. The Contractor must establish all layout required for the construction of the work. Such stakes and markings as the Engineer may set for either their own or the Contractor’s guidance shall be preserved by the Contractor. In case of negligence on the part of the Contractor, or its employees, resulting in the destruction of such stakes or markings, an amount equal to the cost of replacing the same may be deducted from subsequent estimates due the Contractor at the discretion of the Engineer. The Contractor will be required to furnish all lines, grades and measurements from the control points necessary for the proper execution and control of the work contracted for under these specifications. The Contractor must give copies of survey notes to the Engineer for each area of construction and for each placement of material as specified to allow the Engineer to make periodic checks for conformance with plan grades, alignments and grade tolerances required by the applicable material specifications. All surveys must be provided to the Engineer prior to commencing work items that will cover or disturb the survey staking as set by the Contractor’s surveyor. Survey(s) Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 and notes shall be provided in the following format(s): AutoCAD Release 2015. In the case of error, on the part of the Contractor, their surveyor, employees or subcontractors, resulting in established grades, alignment or grade tolerances that do not concur with those specified or shown on the plans, the Contractor is solely responsible for correction, removal, replacement and all associated costs at no additional cost to the Owner. No direct payment will be made, unless otherwise specified in contract documents, for this labor, materials, or other expenses. The cost shall be included in the price of the bid for the various items of the Contract. Construction Staking and Layout includes but is not limited to: a. Clearing and Grubbing perimeter staking b. Rough Grade slope stakes at 100-foot (30-m) stations c. Drainage Swales slope stakes and flow line blue tops at 50-foot (15-m) stations Subgrade blue tops at 25-foot (7.5-m) stations and 25-foot (7.5-m) offset distance (maximum) for the following section locations: a. Runway – minimum five (5) per station b. Taxiways – minimum three (3) per station c. Holding apron areas – minimum three (3) per station d. Roadways – minimum three (3) per station Base Course blue tops at 25-foot (7.5-m) stations and 25-foot (7.5-m) offset distance (maximum) for the following section locations: a. Runway – minimum five (5) per station b. Taxiways – minimum three (3) per station c. Holding apron areas – minimum three (3) per station Pavement areas: a. Edge of Pavement hubs and tacks (for stringline by Contractor) at 100-foot (30-m) stations. b. Between Lifts at 25-foot (7.5-m) stations for the following section locations: (1) Runways – each paving lane width (2) Taxiways – each paving lane width Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 (3) Holding areas – each paving lane width c. After finish paving operations at 50-foot (15-m) stations: (1) All paved areas – Edge of each paving lane prior to next paving lot d. Shoulder and safety area blue tops at 50-foot (15-m) stations and at all break points with maximum of 50-foot (15-m) offsets. e. Fence lines at 100-foot (30-m) stations minimum. f. Electrical and Communications System locations, lines and grades including but not limited to duct runs, connections, fixtures, signs, lights, Visual Approach Slope Indicators (VASIs), Precision Approach Path Indicators (PAPIs), Runway End Identifier Lighting (REIL), Wind Cones, Distance Markers (signs), pull boxes and manholes. g. Drain lines, cut stakes and alignment on 25-foot (7.5-m) stations, inlet and manholes. h. Painting and Striping layout (pinned with 1.5 inch PK nails) marked for paint Contractor. (All nails shall be removed after painting). i. Laser, or other automatic control devices, shall be checked with temporary control point or grade hub at a minimum of once per 400 feet (120 m) per pass (that is, paving lane). The establishment of Survey Control and/or reestablishment of survey control shall be by a State Licensed Land Surveyor. Controls and stakes disturbed or suspect of having been disturbed shall be checked and/or reset as directed by the Engineer without additional cost to the Owner. 50-07 Automatically controlled equipment. Whenever batching or mixing plant equipment is required to be operated automatically under the contract and a breakdown or malfunction of the automatic controls occurs, the equipment may be operated manually or by other methods for a period 48 hours following the breakdown or malfunction, provided this method of operations will produce results which conform to all other requirements of the contract. 50-08 Authority and duties of inspectors. Inspectors shall be authorized to inspect all work done and all material furnished. Such inspection may extend to all or any part of the work and to the preparation, fabrication, or manufacture of the materials to be used. Inspectors are not authorized to revoke, alter, or waive any provision of the contract. Inspectors are not authorized to issue instructions contrary to the plans and specifications or to act as foreman for the Contractor. Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 Inspectors are authorized to notify the Contractor or his or her representatives of any failure of the work or materials to conform to the requirements of the contract, plans, or specifications and to reject such nonconforming materials in question until such issues can be referred to the Engineer for a decision. 50-09 Inspection of the work. All materials and each part or detail of the Work shall be subject to inspection. The Engineer shall be allowed access to all parts of the Work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed inspection. If the Engineer requests it, the Contractor, at any time before acceptance of the Work, shall remove or uncover such portions of the finished Work as may be directed. After examination, the Contractor shall restore said portions of the Work to the standard required by the specifications. Should the Work thus exposed or examined prove acceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts removed will be paid for as extra work; but should the Work so exposed or examined prove unacceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts removed will be at the Contractor’s expense. Any Work done or materials used without supervision or inspection by an authorized representative of the Owner may be ordered removed and replaced at the Contractor’s expense unless the Owner’s representative failed to inspect after having been given reasonable notice in writing that the Work was to be performed. Should the contract work include relocation, adjustment, or any other modification to existing facilities, not the property of the (contract) Owner, authorized representatives of the owners of such facilities shall have the right to inspect such work. Such inspection shall in no sense make any facility owner a party to the contract, and shall in no way interfere with the rights of the parties to this contract. 50-10 Removal of unacceptable and unauthorized work. All Work that does not conform to the requirements of the contract, plans, and specifications will be considered unacceptable, unless otherwise determined acceptable by the Engineer as provided in the subsection 50-02 titled CONFORMITY WITH PLANS AND SPECIFICATIONS of this section. Unacceptable Work, whether the result of poor workmanship, use of defective materials, damage through carelessness, or any other cause found to exist prior to the final acceptance of the Work, shall be removed immediately and replaced in an acceptable manner in accordance with the Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 provisions of the subsection 70-14 titled CONTRACTOR’S RESPONSIBILITY FOR WORK of Section 70. No removal Work made under provision of this subsection shall be done without lines and grades having been established by the Engineer. Work done contrary to the instructions of the Engineer, Work done beyond the lines shown on the plans or as established by the Engineer, except as herein specified, or any extra work done without authority, will be considered as unauthorized and will not be paid for under the provisions of the contract. Work so done may be ordered removed or replaced at the Contractor’s expense. Upon failure on the part of the Contractor to comply with any order of the Engineer made under the provisions of this subsection, the Engineer will have authority to cause unacceptable Work to be remedied or removed and replaced and unauthorized work to be removed and to deduct the costs incurred by the Owner from any monies due or to become due the Contractor. 50-11 Load restrictions. The Contractor shall comply with all legal load restrictions in the hauling of materials on public roads beyond the limits of the Work. A special permit will not relieve the Contractor of liability for damage that may result from the moving of material or equipment. The operation of equipment of such weight or so loaded as to cause damage to structures or to any other type of construction will not be permitted. Hauling of materials over the base course or surface course under construction shall be limited as directed. No loads will be permitted on a concrete pavement, base, or structure before the expiration of the curing period. The Contractor shall be responsible for all damage done by its hauling equipment and shall correct such damage at its own expense. 50-12 Maintenance during construction. The Contractor shall maintain the Work during construction and until the Work is accepted. Maintenance shall constitute continuous and effective work prosecuted day by day, with adequate equipment and forces so that the Work is maintained in satisfactory condition at all times. In the case of a contract for the placing of a course upon a course or subgrade previously constructed, the Contractor shall maintain the previous course or subgrade during all construction operations. All costs of maintenance Work during construction and before the Project is accepted shall be included in the unit prices bid on the various contract items, and the Contractor will not be paid an additional amount for such work. 50-13 Failure to maintain the Work. Should the Contractor at any time fail to maintain the Work as provided in the subsection 50-12 titled MAINTENANCE DURING CONSTRUCTION of this Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 section, the Engineer shall immediately notify the Contractor of such noncompliance. Such notification shall specify a reasonable time within which the Contractor shall be required to remedy such unsatisfactory maintenance condition. The time specified will give due consideration to the exigency that exists. Should the Contractor fail to respond to the Engineer’s notification, the Owner may suspend any work necessary for the Owner to correct such unsatisfactory maintenance condition, depending on the exigency that exists. Any maintenance cost incurred by the Owner, shall be deducted from monies due or to become due the Contractor. 50-14 Partial acceptance. If at any time during the execution of the project the Contractor substantially completes a usable unit or portion of the Work, the occupancy of which will benefit the Owner, the Contractor may request the Engineer to make final inspection of that unit. If the Engineer finds upon inspection that the unit has been satisfactorily completed in compliance with the contract, the Engineer may accept it as being complete, and the Contractor may be relieved of further responsibility for that unit. Such partial acceptance and beneficial occupancy by the Owner shall not void or alter any provision of the contract. 50-15 Final acceptance. Upon due notice from the Contractor of presumptive completion of the entire Project, the Engineer and Owner will make an inspection. If all construction provided for and contemplated by the contract is found to be complete in accordance with the contract, plans, and specifications, such inspection shall constitute the final inspection. The Engineer shall notify the Contractor in writing of final acceptance as of the date of the final inspection. If, however, the inspection discloses any work, in whole or in part, as being unsatisfactory, the Engineer will give the Contractor the necessary instructions for correction of same and the Contractor shall immediately comply with and execute such instructions. Upon correction of the Work, another inspection will be made which shall constitute the final inspection, provided the Work has been satisfactorily completed. In such event, the Engineer will make the final acceptance and notify the Contractor in writing of this acceptance as of the date of final inspection. 50-16 Claims for adjustment and disputes. If for any reason the Contractor deems that additional compensation is due for work or materials not clearly provided for in the contract, plans, or specifications or previously authorized as extra work, the Contractor shall notify the Engineer in writing of its intention to claim such additional compensation before the Contractor begins the work on which the Contractor bases the claim. If such notification is not given or the Engineer is not afforded proper opportunity by the Contractor for keeping strict account of actual cost as required, then the Contractor hereby agrees to waive any claim for such additional compensation. Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 Such notice by the Contractor and the fact that the Engineer has kept account of the cost of the work shall not in any way be construed as proving or substantiating the validity of the claim. When the Work on which the claim for additional compensation is based has been completed, the Contractor shall, within ten (10) calendar days, submit a written claim to the Engineer who will present it to the Owner for consideration in accordance with local laws or ordinances. Nothing in this subsection shall be construed as a waiver of the Contractor’s right to dispute final payment based on differences in measurements or computations. END OF SECTION 50 SECTION 60 CONTROL OF MATERIALS 60-01 Source of supply and quality requirements. The materials used in the Work shall conform to the requirements of the contract, Plans, and Specifications. Unless otherwise specified, such materials that are manufactured or processed shall be new (as compared to used or reprocessed). In order to expedite the inspection and testing of materials, the Contractor shall furnish complete statements to the Engineer as to the origin, composition, and manufacture of all materials to be used in the Work. Such statements shall be furnished promptly after execution of the contract but, in all cases, prior to delivery of such materials. At the Engineer’s option, materials may be approved at the source of supply before delivery is stated. If it is found after trial that sources of supply for previously approved materials do not produce specified products, the Contractor shall furnish materials from other sources. The Contractor shall furnish airport lighting equipment that conforms to the requirements of cited materials specifications. In addition, where an FAA specification for airport lighting equipment is cited in the plans or specifications, the Contractor shall furnish such equipment that is: a. Listed in advisory circular (AC) 150/5345-53, Airport Lighting Equipment Certification Program, and Addendum that is in effect on the date of advertisement; and, b. Produced by the manufacturer as listed in the Addendum cited above for the certified equipment part number. Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 60-02 Samples, tests, and cited specifications. Unless otherwise designated, all materials used in the Work shall be inspected, tested, and approved by the Engineer before incorporation in the Work. Any Work in which untested materials are used without approval or written permission of the Engineer shall be performed at the Contractor’s risk. Materials found to be unacceptable and unauthorized will not be paid for and, if directed by the Engineer, shall be removed at the Contractor’s expense. Unless otherwise designated, quality assurance tests in accordance with the cited standard methods of ASTM, American Association of State Highway and Transportation Officials (AASHTO), Federal Specifications, Commercial Item Descriptions, and all other cited methods, which are current on the date of advertisement for bids, will be made by and at the expense of the Engineer. The testing organizations performing on-site quality assurance field tests shall have copies of all referenced standards on the construction site for use by all technicians and other personnel, including the Contractor’s representative at its request. Unless otherwise designated, samples for quality assurance will be taken by a qualified representative of the Engineer. All materials being used are subject to inspection, test, or rejection at any time prior to or during incorporation into the Work. Copies of all tests will be furnished to the Contractor’s representative at their request after review and approval of the Engineer. The Contractor shall employ a testing organization to perform all Contractor required Quality Control tests. The Contractor shall submit to the Engineer resumes on all testing organizations and individual persons who will be performing the tests. The Engineer will determine if such persons are qualified. All the test data shall be reported to the Engineer after the results are known. A legible, handwritten copy of all test data shall be given to the Engineer daily, along with printed reports and electronic copies, in an approved format, on a weekly basis. After completion of the Project, and prior to final payment, the Contractor shall submit a final report to the Engineer showing all test data reports, plus an analysis of all results showing ranges, averages, and corrective action taken on all failing tests. 60-03 Certification of compliance. The Engineer may permit the use, prior to sampling and testing, of certain materials or assemblies when accompanied by manufacturer’s certificates of compliance stating that such materials or assemblies fully comply with the requirements of the contract. The certificate shall be signed by the manufacturer. Each lot of such materials or assemblies delivered to the Work must be accompanied by a certificate of compliance in which the lot is clearly identified. Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 Materials or assemblies used on the basis of certificates of compliance may be sampled and tested at any time and if found not to be in conformity with contract requirements will be subject to rejection whether in place or not. The form and distribution of certificates of compliance shall be as approved by the Engineer. When a material or assembly is specified by “brand name or equal” and the Contractor elects to furnish the specified “brand name,” the Contractor shall be required to furnish the manufacturer’s certificate of compliance for each lot of such material or assembly delivered to the Work. Such certificate of compliance shall clearly identify each lot delivered and shall certify as to: a. Conformance to the specified performance, testing, quality or dimensional requirements; and, b. Suitability of the material or assembly for the use intended in the contract Work. Should the Contractor propose to furnish an “or equal” material or assembly, the Contractor shall furnish the manufacturer’s certificates of compliance as hereinbefore described for the specified brand name material or assembly. However, the Engineer shall be the sole judge as to whether the proposed “or equal” is suitable for use in the Work. The Engineer reserves the right to refuse permission for use of materials or assemblies on the basis of certificates of compliance. 60-04 Plant inspection. The Engineer or his or her authorized representative may inspect, at its source, any specified material or assembly to be used in the Work. Manufacturing plants may be inspected from time to time for the purpose of determining compliance with specified manufacturing methods or materials to be used in the Work and to obtain samples required for acceptance of the material or assembly. Should the Engineer conduct plant inspections, the following conditions shall exist: a. The Engineer shall have the cooperation and assistance of the Contractor and the producer with whom the Engineer has contracted for materials. b. The Engineer shall have full entry at all reasonable times to such parts of the plant that concern the manufacture or production of the materials being furnished. c. If required by the Engineer, the Contractor shall arrange for adequate office or working space that may be reasonably needed for conducting plant inspections. Office or working space should be conveniently located with respect to the plant. Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 It is understood and agreed that the Owner shall have the right to retest any material that has been tested and approved at the source of supply after it has been delivered to the site. The Engineer shall have the right to reject only material which, when retested, does not meet the requirements of the contract, plans, or specifications. 60-05 Engineer’s field office. The Contractor shall furnish for the duration of the Project one building for the use of the field engineers and inspectors, as a field office. This facility shall be an approved weatherproof building meeting the current State Highway Specifications (for example, Class I Field Office or Type C Structure). This building shall be located conveniently near to the construction and shall be separate from any building used by the Contractor. The Contractor will provide high speed internet access and shall be responsible for payment of the basic monthly charge for internet service. The Contractor shall furnish a photocopy, scanner, and printer capable of producing 11” x 17” prints, water, sanitary facilities, heat, air conditioning, and electricity. No direct payment will be made for the Engineer’s field office building or labor, materials, ground rental, or other expense in connection therewith. The Contractor and its superintendent shall provide all reasonable facilities to enable to the Engineer to inspect the workmanship and materials entering into the Work. 60-06 Storage of materials. Materials shall be so stored as to assure the preservation of their quality and fitness for the work. Stored materials, even though approved before storage, may again be inspected prior to their use in the Work. Stored materials shall be located to facilitate their prompt inspection. The Contractor shall coordinate the storage of all materials with the Engineer. Materials to be stored on Airport property shall not create an obstruction to air navigation nor shall they interfere with the free and unobstructed movement of aircraft. Unless otherwise shown on the plans, the storage of materials and the location of the Contractor’s plant and parked equipment or vehicles shall be as directed by the Engineer. Private property shall not be used for storage purposes without written permission of the owner or lessee of such property. The Contractor shall make all arrangements and bear all expenses for the storage of materials on private property. Upon request, the Contractor shall furnish the Engineer a copy of the property owner’s permission. All storage sites on private or Airport property shall be restored to their original condition by the Contractor at its entire expense, except as otherwise agreed to (in writing) by the owner or lessee of the property. Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 60-07 Unacceptable materials. Any material or assembly that does not conform to the requirements of the contract, Plans, or Specifications shall be considered unacceptable and shall be rejected. The Contractor shall remove any rejected material or assembly from the site of the work, unless otherwise instructed by the Engineer. Rejected material or assembly, the defects of which have been corrected by the Contractor, shall not be returned to the site of the Work until such time as the Engineer has approved its use in the Work. 60-08 Owner furnished materials. The Contractor shall furnish all materials required to complete the Work, except those specified, if any, to be furnished by the Owner. Owner-furnished materials shall be made available to the Contractor at the location specified. All costs of handling, transportation from the specified location to the site of work, storage, and installing Owner-furnished materials shall be included in the unit price bid for the contract item in which such Owner-furnished material is used. After any Owner-furnished material has been delivered to the location specified, the Contractor shall be responsible for any demurrage, damage, loss, or other deficiencies that may occur during the Contractor’s handling, storage, or use of such Owner-furnished material. The Owner will deduct from any monies due or to become due the Contractor any cost incurred by the Owner in making good such loss due to the Contractor’s handling, storage, or use of Owner-furnished materials. END OF SECTION 60 SECTION 70 LEGAL REGULATIONS AND RESPONSIBILITY TO PUBLIC 70-01 Laws to be observed. The Contractor shall keep fully informed of all Federal and state laws, all local laws, ordinances, and regulations and all orders and decrees of bodies or tribunals having any jurisdiction or authority, which in any manner affect those engaged or employed on the Work, or which in any way affect the conduct of the Work. The Contractor shall at all times observe and comply with all such laws, ordinances, regulations, orders, and decrees; and shall protect and indemnify the Owner and all his or her officers, agents, or servants against any claim Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by the Contractor or the Contractor’s employees. 70-02 Permits, licenses, and taxes. The Contractor shall procure all permits and licenses, pay all charges, fees, and taxes, and give all notices necessary and incidental to the due and lawful execution of the work. 70-03 Patented devices, materials, and processes. If the Contractor is required or desires to use any design, device, material, or process covered by letters of patent or copyright, the Contractor shall provide for such use by suitable legal agreement with the Patentee or owner. The Contractor and the surety shall indemnify and hold harmless the Owner, any third party, or political subdivision from any and all claims for infringement by reason of the use of any such patented design, device, material or process, or any trademark or copyright, and shall indemnify the Owner for any costs, expenses, and damages which it may be obliged to pay by reason of an infringement, at any time during the execution or after the completion of the work. 70-04 Restoration of surfaces disturbed by others. The Owner reserves the right to authorize the construction, reconstruction, or maintenance of any public or private utility service, FAA or National Oceanic and Atmospheric Administration (NOAA) facility, or a utility service of another government agency at any time during the progress of the work. Except as shown on the construction plans, the Contractor shall not permit any individual, firm, or corporation to excavate or otherwise disturb such utility services or facilities located within the limits of the work without the written permission of the Engineer. Should the owner of public or private utility service, FAA, or NOAA facility, or a utility service of another government agency be authorized to construct, reconstruct, or maintain such utility service or facility during the progress of the work, the Contractor shall cooperate with such owners by arranging and performing the work in this contract to facilitate such construction, reconstruction or maintenance by others whether or not such work by others is listed above. When ordered as extra work by the Engineer, the Contractor shall make all necessary repairs to the Work which are due to such authorized work by others, unless otherwise provided for in the contract, plans, or specifications. It is understood and agreed that the Contractor shall not be entitled to make any claim for damages due to such authorized work by others or for any delay to the work resulting from such authorized work. 70-05 Federal aid participation. This contract utilizes funding from the Airport Improvement Program (AIP).The United States Government has agreed to reimburse the Owner for some portion of the contract costs. Such reimbursement is made from time to time upon the Owner’s Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 request to the FAA. In consideration of the United States Government’s (FAA’s) agreement with the Owner, the Owner has included provisions in this contract pursuant to the requirements of Title 49 of the USC and the Rules and Regulations of the FAA that pertain to the work which shall be complied with by the Contractor As required by the USC, the contract work is subject to the inspection and approval of duly authorized representatives of the FAA Administrator, and is further subject to those provisions of the rules and regulations that are cited in the contract, Plans, or Specifications. No requirement of the USC, the rules and regulations implementing the USC, or this contract shall be construed as making the Federal Government a party to the contract nor will any such requirement interfere, in any way, with the rights of either party to the contract. 70-06 Sanitary, health, and safety provisions. The Contractor shall provide and maintain in a neat, sanitary condition such accommodations for the use of its employees as may be necessary to comply with the requirements of the state and local Board of Health, or of other bodies or tribunals having jurisdiction. Attention is directed to Federal, state, and local laws, rules and regulations concerning construction safety and health standards. The Contractor shall not require any worker to work in surroundings or under conditions that are unsanitary, hazardous, or dangerous to his or her health or safety. 70-07 Public convenience and safety. The Contractor shall control its operations and those of its subcontractors and all suppliers, to assure the least inconvenience to the traveling public. Under all circumstances, safety shall be the most important consideration. The Contractor shall maintain the free and unobstructed movement of aircraft and vehicular traffic with respect to its own operations and those of its subcontractors and all suppliers in accordance with the subsection 40-05 titled MAINTENANCE OF TRAFFIC of Section 40 hereinbefore specified and shall limit such operations for the convenience and safety of the traveling public as specified in the subsection 80-04 titled LIMITATION OF OPERATIONS of Section 80 hereinafter. 70-08 Barricades, warning signs, and hazard markings. The Contractor shall furnish, erect, and maintain all barricades, warning signs, and markings for hazards necessary to protect the public and the Work. When used during periods of darkness, such barricades, warning signs, and hazard markings shall be suitably illuminated. Unless otherwise specified, barricades, warning signs, and markings for hazards that are in the air operations area (AOAs) shall be a maximum of 18 inches (0.5 m) high. Unless otherwise specified, barricades shall be spaced not more than Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 4 feet (1.2 m) apart. Barricades, warning signs, and markings shall be paid for under subsection 40-05. For vehicular and pedestrian traffic, the Contractor shall furnish, erect, and maintain barricades, warning signs, lights and other traffic control devices in reasonable conformity with the Manual on Uniform Traffic Control Devices. When the Work requires closing an air operations area of the Airport or portion of such area, the Contractor shall furnish, erect, and maintain temporary markings and associated lighting conforming to the requirements of advisory circular (AC) 150/5340-1, Standards for Airport Markings. The Contractor shall furnish, erect, and maintain markings and associated lighting of open trenches, excavations, temporary stock piles, and the Contractor’s parked construction equipment that may be hazardous to the operation of emergency fire-rescue or maintenance vehicles on the airport in reasonable conformance to AC 150/5370-2, Operational Safety on Airports During Construction. The Contractor shall identify each motorized vehicle or piece of construction equipment in reasonable conformance to AC 150/5370-2. The Contractor shall furnish and erect all barricades, warning signs, and markings for hazards prior to commencing work that requires such erection and shall maintain the barricades, warning signs, and markings for hazards until their removal is directed by the Engineer. Open-flame type lights shall not be permitted. 70-09 Use of explosives. When the use of explosives is necessary for the execution of the work, the Contractor shall exercise the utmost care not to endanger life or property, including new work. The Contractor shall be responsible for all damage resulting from the use of explosives. All explosives shall be stored in a secure manner in compliance with all laws and ordinances, and all such storage places shall be clearly marked. Where no local laws or ordinances apply, storage shall be provided satisfactory to the Engineer and, in general, not closer than 1,000 feet (300 m) from the work or from any building, road, or other place of human occupancy. The Contractor shall notify each property Owner and public utility company having structures or facilities in proximity to the site of the work of its intention to use explosives. Such notice shall be given sufficiently in advance to enable them to take such steps as they may deem necessary to protect their property from injury. The use of electrical blasting caps shall not be permitted on or within 1,000 feet (300 m) of the Airport property. Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 70-10 Protection and restoration of property and landscape. The Contractor shall be responsible for the preservation of all public and private property, and shall protect carefully from disturbance or damage all land monuments and property markers until the Engineer has witnessed or otherwise referenced their location and shall not move them until directed. The Contractor shall be responsible for all damage or injury to property of any character, during the execution of the work, resulting from any act, omission, neglect, or misconduct in manner or method of executing the work, or at any time due to defective work or materials, and said responsibility shall not be released until the project has been completed and accepted. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect, or misconduct in the execution of the work, or in consequence of the non-execution thereof by the Contractor, the Contractor shall restore, at its own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, or otherwise restoring as may be directed, or the Contractor shall make good such damage or injury in an acceptable manner. 70-11 Responsibility for damage claims. The Contractor shall indemnify and save harmless the Engineer and the Owner and their officers, and employees from all suits, actions, or claims, of any character, brought because of any injuries or damage received or sustained by any person, persons, or property on account of the operations of the Contractor; or on account of or in consequence of any neglect in safeguarding the work; or through use of unacceptable materials in constructing the work; or because of any act or omission, neglect, or misconduct of said Contractor; or because of any claims or amounts recovered from any infringements of patent, trademark, or copyright; or from any claims or amounts arising or recovered under the “Workmen’s Compensation Act,” or any other law, ordinance, order, or decree. 70-12 Third party beneficiary clause. It is specifically agreed between the parties executing the contract that it is not intended by any of the provisions of any part of the contract to create for the public or any member thereof, a third party beneficiary or to authorize anyone not a party to the contract to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of the contract. 70-13 Opening sections of the work to traffic. Should it be necessary for the Contractor to complete portions of the contract Work for the beneficial occupancy of the Owner prior to completion of the entire contract, such “phasing” of the Work shall be specified herein and indicated on the plans. When so specified, the Contractor shall complete such portions of the Work on or before the date specified or as otherwise specified. The Contractor shall make its own Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 estimate of the difficulties involved in arranging the Work to permit such beneficial occupancy by the Owner as described on sheets G-081 through G-089 of the construction plans. Upon completion of any portion of the Work listed above, such portion shall be accepted by the Owner in accordance with the subsection 50-14 titled PARTIAL ACCEPTANCE of Section 50. No portion of the Work may be opened by the Contractor for public use until ordered by the Engineer in writing. Should it become necessary to open a portion of the Work to public traffic on a temporary or intermittent basis, such openings shall be made when, in the opinion of the Engineer, such portion of the Work is in an acceptable condition to support the intended traffic. Temporary or intermittent openings are considered to be inherent in the Work and shall not constitute either acceptance of the portion of the Work so opened or a waiver of any provision of the contract. Any damage to the portion of the Work so opened that is not attributable to traffic which is permitted by the Owner shall be repaired by the Contractor at its expense. The Contractor shall make its own estimate of the inherent difficulties involved in completing the Work under the conditions herein described and shall not claim any added compensation by reason of delay or increased cost due to opening a portion of the contract work. Contractor shall be required to conform to safety standards contained AC 150/5370-2 (see Special Provisions). Contractor shall refer to the approved Construction Safety Phasing Plan (CSPP) to identify barricade requirements and other safety requirements prior to opening up sections of Work to traffic. 70-14 Contractor’s responsibility for Work. Until the Engineer’s final written acceptance of the entire completed Work, excepting only those portions of the Work accepted in accordance with the subsection 50-14 titled PARTIAL ACCEPTANCE of Section 50, the Contractor shall have the charge and care thereof and shall take every precaution against injury or damage to any part due to the action of the elements or from any other cause, whether arising from the execution or from the non-execution of the Work. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the Work occasioned by any of the above causes before final acceptance and shall bear the expense thereof except damage to the Work due to unforeseeable causes beyond the control of and without the fault or negligence of the Contractor, including but not restricted to acts of God such as earthquake, tidal wave, tornado, hurricane or other cataclysmic phenomenon of nature, or acts of the public enemy or of government authorities. Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 If the Work is suspended for any cause whatever, the Contractor shall be responsible for the Work and shall take such precautions necessary to prevent damage to the Work. The Contractor shall provide for normal drainage and shall erect necessary temporary structures, signs, or other facilities at its expense. During such period of suspension of work, the Contractor shall properly and continuously maintain in an acceptable growing condition all living material in newly established planting, seeding, and sodding furnished under the contract, and shall take adequate precautions to protect new tree growth and other important vegetative growth against injury. 70-15 Contractor’s responsibility for utility service and facilities of others. As provided in the subsection 70-04 titled RESTORATION OF SURFACES DISTURBED BY OTHERS of this section, the Contractor shall cooperate with the owner of any public or private utility service, FAA or NOAA, or a utility service of another government agency that may be authorized by the owner to construct, reconstruct or maintain such utility services or facilities during the progress of the work. In addition, the Contractor shall control their operations to prevent the unscheduled interruption of such utility services and facilities. To the extent that such public or private utility services, FAA, or NOAA facilities, or utility services of another governmental agency are known to exist within the limits of the contract work, the approximate locations have been indicated on the plans. It is understood and agreed that the Owner does not guarantee the accuracy or the completeness of the location information relating to existing utility services, facilities, or structures that may be shown on the plans or encountered in the work. Any inaccuracy or omission in such information shall not relieve the Contractor of the responsibility to protect such existing features from damage or unscheduled interruption of service. It is further understood and agreed that the Contractor shall, upon execution of the contract, notify the owners of all utility services or other facilities of his or her plan of operations. Such notification shall be in writing addressed to THE PERSON TO CONTACT as provided in this subsection and subsection 70-04 titled RESTORATION OF SURFACES DISTURBED BY OTHERS of this section. A copy of each notification shall be given to the Engineer. In addition to the general written notification provided, it shall be the responsibility of the Contractor to keep such individual owners advised of changes in their plan of operations that would affect such owners. Prior to beginning the work in the general vicinity of an existing utility service or facility, the Contractor shall again notify each such owner of their plan of operation. If, in the Contractor’s opinion, the owner’s assistance is needed to locate the utility service or facility or the presence of Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 a representative of the owner is desirable to observe the work, such advice should be included in the notification. Such notification shall be given by the most expeditious means to reach the utility owner’s PERSON TO CONTACT no later than two normal business days prior to the Contractor’s commencement of operations in such general vicinity. The Contractor shall furnish a written summary of the notification to the Engineer. The Contractor’s failure to give the two days’ notice shall be cause for the Owner to suspend the Contractor’s operations in the general vicinity of a utility service or facility. Where the outside limits of an underground utility service have been located and staked on the ground, the Contractor shall be required to use hand excavation methods within 3 feet (1 m) of such outside limits at such points as may be required to ensure protection from damage due to the Contractor’s operations. Should the Contractor damage or interrupt the operation of a utility service or facility by accident or otherwise, the Contractor shall immediately notify the proper authority and the Engineer and shall take all reasonable measures to prevent further damage or interruption of service. The Contractor, in such events, shall cooperate with the utility service or facility owner and the Engineer continuously until such damage has been repaired and service restored to the satisfaction of the utility or facility owner. The Contractor shall bear all costs of damage and restoration of service to any utility service or facility due to their operations whether due to negligence or accident. The Owner reserves the right to deduct such costs from any monies due or which may become due the Contractor, or its surety. 70-15.1 FAA facilities and cable runs. The Contractor is hereby advised that the construction limits of the project include existing facilities and buried cable runs that are owned, operated and maintained by the FAA. The Contractor, during the execution of the project work, shall comply with the following: a. The Contractor shall permit FAA maintenance personnel the right of access to the project work site for purposes of inspecting and maintaining all existing FAA owned facilities. b. The Contractor shall provide notice to the FAA Air Traffic Organization (ATO)/Technical Operations/System Support Center (SSC) Point-of-Contact through the airport Engineer a minimum of seven (7) calendar days prior to commencement of construction activities in order to permit sufficient time to locate and mark existing buried cables and to schedule any required facility outages. Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 c. If execution of the Project work requires a facility outage, the Contractor shall contact the FAA Point-of-Contact a minimum of 72 hours prior to the time of the required outage. d. Any damage to FAA cables, access roads, or FAA facilities during construction caused by the Contractor’s equipment or personnel whether by negligence or accident will require the Contractor to repair or replace the damaged cables, access road, or FAA facilities to FAA requirements. The Contractor shall not bear the cost to repair damage to underground facilities or utilities improperly located by the FAA. e. If the Project work requires the cutting or splicing of FAA owned cables, the FAA Point-of- Contact shall be contacted a minimum of 72 hours prior to the time the cable work commences. The FAA reserves the right to have a FAA representative on site to observe the splicing of the cables as a condition of acceptance. All cable splices are to be accomplished in accordance with FAA specifications and require approval by the FAA Point-of-Contact as a condition of acceptance by the Owner. The Contractor is hereby advised that FAA restricts the location of where splices may be installed. If a cable splice is required in a location that is not permitted by FAA, the Contractor shall furnish and install a sufficient length of new cable that eliminates the need for any splice. 70-16 Furnishing rights-of-way. The Owner will be responsible for furnishing all rights-of-way upon which the work is to be constructed in advance of the Contractor’s operations. 70-17 Personal liability of public officials. In carrying out any of the contract provisions or in exercising any power or authority granted by this contract, there shall be no liability upon the Engineer, his or her authorized representatives, or any officials of the Owner either personally or as an official of the Owner. It is understood that in such matters they act solely as agents and representatives of the Owner. 70-18 No waiver of legal rights. Upon completion of the work, the Owner will expeditiously make final inspection and notify the Contractor of final acceptance. Such final acceptance, however, shall not preclude or stop the Owner from correcting any measurement, estimate, or certificate made before or after completion of the work, nor shall the Owner be precluded or stopped from recovering from the Contractor or its surety, or both, such overpayment as may be sustained, or by failure on the part of the Contractor to fulfill its obligations under the contract. A waiver on the part of the Owner of any breach of any part of the contract shall not be deemed to be a waiver of any other or subsequent breach. Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 The Contractor, without prejudice to the terms of the contract, shall be liable to the Owner for latent defects, fraud, or such gross mistakes as may amount to fraud, or as regards the Owner’s rights under any warranty or guaranty. 70-19 Environmental protection. The Contractor shall comply with all Federal, state, and local laws and regulations controlling pollution of the environment. The Contractor shall take necessary precautions to prevent pollution of streams, lakes, ponds, and reservoirs with fuels, oils, bitumens, chemicals, or other harmful materials and to prevent pollution of the atmosphere from particulate and gaseous matter. 70-20 Archaeological and historical findings. Unless otherwise specified in this subsection, the Contractor is advised that the site of the work is not within any property, district, or site, and does not contain any building, structure, or object listed in the current National Register of Historic Places published by the United States Department of Interior. Should the Contractor encounter, during its operations, any building, part of a building, structure, or object that is incongruous with its surroundings, the Contractor shall immediately cease operations in that location and notify the Engineer. The Engineer will immediately investigate the Contractor’s finding and the Owner will direct the Contractor to either resume operations or to suspend operations as directed. Should the Owner order suspension of the Contractor’s operations in order to protect an archaeological or historical finding, or order the Contractor to perform extra work, such shall be covered by an appropriate contract change order or supplemental agreement as provided in the subsection 40-04 titled EXTRA WORK of Section 40 and the subsection 90-05 titled PAYMENT FOR EXTRA WORK of Section 90. If appropriate, the contract change order or supplemental agreement shall include an extension of contract time in accordance with the subsection 80-07 titled DETERMINATION AND EXTENSION OF CONTRACT TIME of Section 80. END OF SECTION 70 SECTION 80 EXECUTION AND PROGRESS 80-01 Subletting of contract. The Owner will not recognize any subcontractor on the work. The Contractor shall at all times when work is in progress be represented either in person, by a Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 qualified superintendent, or by other designated, qualified representative who is duly authorized to receive and execute orders of the Engineer. The Contractor shall provide copies of all subcontracts to the Engineer. The Contractor shall perform, with his organization, an amount of work equal to at least twenty-five (25 %) percent of the total contract cost. Should the Contractor elect to assign his or her contract, said assignment shall be concurred in by the surety, shall be presented for the consideration and approval of the Owner, and shall be consummated only on the written approval of the Owner. 80-02 Notice to proceed. The notice to proceed (NTP) shall state the date on which it is expected the Contractor will begin the construction and from which date contract time will be charged. The Contractor shall begin the work to be performed under the contract within 10 days of the date set by the Engineer in the written notice to proceed, but in any event, the Contractor shall notify the Engineer at least 24 hours in advance of the time actual construction operations will begin. The Contractor shall not commence any actual construction prior to the date on which the notice to proceed is issued by the Owner. 80-03 Execution and progress. Unless otherwise specified, the Contractor shall submit their progress schedule for the Engineer’s approval within ten (10) days after the effective date of the NTP. The Contractor’s progress schedule, when approved by the Engineer, may be used to establish major construction operations and to check on the progress of the Work. The Contractor shall provide sufficient materials, equipment, and labor to guarantee the completion of the project in accordance with the plans and specifications within the time set forth in the contract. If the Contractor falls significantly behind the submitted schedule, the Contractor shall, upon the Engineer’s request, submit a revised schedule for completion of the Work within the contract time and modify their operations to provide such additional materials, equipment, and labor necessary to meet the revised schedule. Should the execution of the Work be discontinued for any reason, the Contractor shall notify the Engineer at least 24 hours in advance of resuming operations. The Contractor shall not commence any actual construction prior to the date on which the notice to proceed is issued by the Owner. 80-04 Limitation of operations. The Contractor shall control its operations and the operations of its subcontractors and all suppliers to provide for the free and unobstructed movement of aircraft in the air operations areas (AOA) of the Airport. When the Work requires the Contractor to conduct its operations within an AOA of the Airport, the Work shall be coordinated with Airport operations (through the Engineer) at least 48 hours prior Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 to commencement of such Work. The Contractor shall not close an AOA until so authorized by the Engineer and until the necessary temporary marking and associated lighting is in place as provided in the subsection 70-08 titled BARRICADES, WARNING SIGNS, AND HAZARD MARKINGS of Section 70. When the contract work requires the Contractor to work within an AOA of the Airport on an intermittent basis (intermittent opening and closing of the AOA), the Contractor shall maintain constant communications as specified; immediately obey all instructions to vacate the AOA; immediately obey all instructions to resume work in such AOA. Failure to maintain the specified communications or to obey instructions shall be cause for suspension of the Contractor’s operations in the AOA until the satisfactory conditions are provided. Refer to the Construction Safety and Phasing Plans for restrictions. Contractor shall be required to conform to safety standards contained in AC 150/5370-2, Operational Safety on Airports During Construction (see Special Provisions). 80-04.1 Operational safety on airport during construction. All Contractor’s operations shall be conducted in accordance with the Project Construction Safety and Phasing Plan (CSPP) and the provisions set forth within the current version of AC 150/5370-2. The CSPP included within the contract documents conveys minimum requirements for operational safety on the Airport during construction activities. The Contractor shall prepare and submit a Safety Plan Compliance Document that details how it proposes to comply with the requirements presented within the CSPP. The Contractor shall implement all necessary Safety Plan measures prior to commencement of any Work activity. The Contractor shall conduct routine checks to assure compliance with the Safety Plan measures. The Contractor is responsible to the Owner for the conduct of all subcontractors it employs on the Project. The Contractor shall assure that all subcontractors are made aware of the requirements of the CSPP and that they implement and maintain all necessary measures. No deviation or modifications may be made to the approved CSPP unless approved in writing by the Owner or Engineer. 80-05 Character of workers, methods, and equipment. The Contractor shall, at all times, employ sufficient labor and equipment for prosecuting the work to full completion in the manner and time required by the contract, Plans, and Specifications. Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 All workers shall have sufficient skill and experience to perform properly the work assigned to them. Workers engaged in special work or skilled work shall have sufficient experience in such work and in the operation of the equipment required to perform the work satisfactorily. Any person employed by the Contractor or by any subcontractor who violates any operational regulations or operational safety requirements and, in the opinion of the Engineer, does not perform his work in a proper and skillful manner or is intemperate or disorderly shall, at the written request of the Engineer, be removed forthwith by the Contractor or subcontractor employing such person, and shall not be employed again in any portion of the Work without approval of the Engineer. Should the Contractor fail to remove such persons or person, or fail to furnish suitable and sufficient personnel for the proper execution of the Work, the Engineer may suspend the Work by written notice until compliance with such orders. All equipment that is proposed to be used on the Work shall be of sufficient size and in such mechanical condition as to meet requirements of the Work and to produce a satisfactory quality of Work. Equipment used on any portion of the Work shall be such that no injury to previously completed Work, adjacent property, or existing Airport facilities will result from its use. When the methods and equipment to be used by the Contractor in accomplishing the Work are not prescribed in the contract, the Contractor is free to use any methods or equipment that will accomplish the Work in conformity with the requirements of the contract, plans, and specifications. When the contract specifies the use of certain methods and equipment, such methods and equipment shall be used unless others are authorized by the Engineer. If the Contractor desires to use a method or type of equipment other than specified in the contract, the Contractor may request authority from the Engineer to do so. The request shall be in writing and shall include a full description of the methods and equipment proposed and of the reasons for desiring to make the change. If approval is given, it will be on the condition that the Contractor will be fully responsible for producing Work in conformity with contract requirements. If, after trial use of the substituted methods or equipment, the Engineer determines that the Work produced does not meet contract requirements, the Contractor shall discontinue the use of the substitute method or equipment and shall complete the remaining Work with the specified methods and equipment. The Contractor shall remove any deficient Work and replace it with Work of specified quality, or take such other corrective action as the Engineer may direct. No change will be made in basis of payment for the contract items involved nor in contract time as a result of authorizing a change in methods or equipment under this subsection. Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 80-06 Temporary suspension of the Work. The Owner shall have the authority to suspend the Work wholly, or in part, for such period or periods as the Owner may deem necessary, due to unsuitable weather, or such other conditions as are considered unfavorable for the execution of the Work, or for such time as is necessary due to the failure on the part of the Contractor to carry out orders given or perform any or all provisions of the contract. In the event that the Contractor is ordered by the Owner, in writing, to suspend Work for some unforeseen cause not otherwise provided for in the contract and over which the Contractor has no control, the Contractor may be reimbursed for actual money expended on the Work during the period of shutdown. No allowance will be made for anticipated profits. The period of shutdown shall be computed from the effective date of the Engineer’s order to suspend Work to the effective date of the Engineer’s order to resume the Work. Claims for such compensation shall be filed with the Engineer within the time period stated in the Engineer’s order to resume Work. The Contractor shall submit with its claim information substantiating the amount shown on the claim. The Engineer will forward the Contractor’s claim to the Owner for consideration in accordance with local laws or ordinances. No provision of this article shall be construed as entitling the Contractor to compensation for delays due to inclement weather, for suspensions made at the request of the Owner, or for any other delay provided for in the contract, plans, or specifications. If it should become necessary to suspend Work for an indefinite period, the Contractor shall store all materials in such manner that they will not become an obstruction nor become damaged in any way. The Contractor shall take every precaution to prevent damage or deterioration of the Work performed and provide for normal drainage of the Work. The Contractor shall erect temporary structures where necessary to provide for traffic on, to, or from the Airport. 80-07 Determination and extension of contract time. The number of calendar or working days allowed for completion of the work shall be stated in the contract and shall be known as the CONTRACT TIME. Should the contract time require extension for reasons beyond the Contractor’s control, it shall be adjusted as follows: a. CONTRACT TIME based on WORKING DAYS shall be calculated weekly by the Engineer. The Engineer will furnish the Contractor a copy of its weekly statement of the number of working days charged against the contract time during the week and the number of working days currently specified for completion of the contract (the original contract time plus the number of working days, if any, that have been included in approved CHANGE ORDERS or SUPPLEMENTAL AGREEMENTS covering EXTRA WORK). Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 The Engineer shall base its weekly statement of contract time charged on the following considerations: (1) No time shall be charged for days on which the Contractor is unable to proceed with the principal item of Work under construction at the time for at least six (6) hours with the normal work force employed on such principal item. Should the normal work force be on a double-shift, 12 hours shall be used. Should the normal work force be on a triple-shift, 18 hours shall apply. Conditions beyond the Contractor’s control such as strikes, lockouts, unusual delays in transportation, temporary suspension of the principal item of Work under construction or temporary suspension of the entire Work which have been ordered by the Owner for reasons not the fault of the Contractor, shall not be charged against the contract time. (2) The Engineer will not make charges against the contract time prior to the effective date of the notice to proceed. (3) The Engineer will begin charges against the contract time on the first working day after the effective date of the notice to proceed. (4) The Engineer will not make charges against the contract time after the date of final acceptance as defined in the subsection 50-15 titled FINAL ACCEPTANCE of Section 50. (5) The Contractor will be allowed one (1) week in which to file a written protest setting forth its objections to the Engineer’s weekly statement. If no objection is filed within such specified time, the weekly statement shall be considered as acceptable to the Contractor. The contract time (stated in the bid and resulting Contract) is based on the originally estimated quantities as described in the subsection 20-05 titled INTERPRETATION OF ESTIMATED BID QUANTITIES of Section 20. Should the satisfactory completion of the contract require performance of work in greater quantities than those estimated in the bid, the Contract time shall be increased in the same proportion as the cost of the actually completed quantities bears to the cost of the originally estimated quantities in the bid. Such increase in Contract time shall not consider either the cost of work or the extension of Contract time that has been covered by change order or supplemental agreement and shall be made at the time of final payment. b. Contract Time based on calendar days shall consist of the number of calendar days stated in the contract counting from the effective date of the notice to proceed and including all Saturdays, Sundays, holidays, and non-work days. All calendar days elapsing between the effective dates of the Owner’s orders to suspend and resume all work, due to causes not the fault of the Contractor, shall be excluded. Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 At the time of final payment, the Contract time shall be increased in the same proportion as the cost of the actually completed quantities bears to the cost of the originally estimated quantities in the bid. Such increase in the contract time shall not consider either cost of work or the extension of Contract time that has been covered by a change order or supplemental agreement. Charges against the Contract time will cease as of the date of final acceptance. c. When the Contract time is a specified completion date, it shall be the date on which all contract work shall be substantially complete. If the Contractor finds it impossible for reasons beyond his or her control to complete the work within the Contract time as specified, or as extended in accordance with the provisions of this subsection, the Contractor may, at any time prior to the expiration of the Contract time as extended, make a written request to the Owner for an extension of time setting forth the reasons which the Contractor believes will justify the granting of his or her request. Requests for extension of time on calendar day projects, caused by inclement weather, shall be supported with National Weather Bureau data showing the actual amount of inclement weather exceeded what could normally be expected during the contract period. The Contractor’s plea that insufficient time was specified is not a valid reason for extension of time. If the supporting documentation justify the work was delayed because of conditions beyond the control and without the fault of the Contractor, the Owner may extend the time for completion by a change order that adjusts the Contract time or completion date. The extended time for completion shall then be in full force and effect, the same as though it were the original time for completion. 80-08 Failure to complete on time. For each calendar day or working day, as specified in the contract, that any work remains uncompleted after the contract time (including all extensions and adjustments as provided in the subsection 80-07 titled DETERMINATION AND EXTENSION OF CONTRACT TIME of this Section) the sum specified in the contract and bid as liquidated damages will be deducted from any money due or to become due the Contractor or his or her surety. Such deducted sums shall not be deducted as a penalty but shall be considered as liquidation of a reasonable portion of damages including but not limited to additional engineering services that will be incurred by the Owner should the Contractor fail to complete the work in the time provided in their contract. Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 Work Area Liquidated Damages Cost Allowed Construction Time (Calendar Days) 1A $1,500 per day 90 1B $5,000 per day 60 2A $1,500 per day 60 2B $2,500 per day 15 3A-1 $1,500 per day 90 3A-2 $1,500 per day 10 3B $2,500 per day 15 3C $2,500 per day 15 The maximum construction time allowed for Work Area 1A shall be 90 calendar days. The maximum construction time allowed for Work Area 1B shall be 60 calendar days. The maximum construction time allowed for Work Area 2A shall be 10 calendar days. The maximum construction time allowed for Work Area 2B shall be 15 calendar days. The maximum construction time allowed for Work Area 3A-1 shall be 90 calendar days. The maximum construction time allowed for Work Area 2A-2 shall be 10 calendar days. The maximum construction time allowed for Work Area 3B shall be 15 calendar days. The maximum construction time allowed for Work Area 2C shall be 15 calendar days. The maximum construction time allowed for will be 270 calendar days. Permitting the Contractor to continue and finish the work or any part of it after the time fixed for its completion, or after the date to which the time for completion may have been extended, will in no way operate as a wavier on the part of the Owner of any of its rights under the contract. 80-09 Default and termination of contract. The Contractor shall be considered in default of his or her contract and such default will be considered as cause for the Owner to terminate the contract for any of the following reasons if the Contractor: a. Fails to begin the work under the contract within the time specified in the Notice to Proceed, or b. Fails to perform the work or fails to provide sufficient workers, equipment and/or materials to assure completion of work in accordance with the terms of the contract, or Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 c. Performs the work unsuitably or neglects or refuses to remove materials or to perform anew such work as may be rejected as unacceptable and unsuitable, or d. Discontinues the execution of the work, or e. Fails to resume work which has been discontinued within a reasonable time after notice to do so, or f. Becomes insolvent or is declared bankrupt, or commits any act of bankruptcy or insolvency, or g. Allows any final judgment to stand against the Contractor unsatisfied for a period of 10 days, or h. Makes an assignment for the benefit of creditors, or i. For any other cause whatsoever, fails to carry on the work in an acceptable manner. Should the Engineer consider the Contractor in default of the contract for any reason above, the Engineer shall immediately give written notice to the Contractor and the Contractor’s surety as to the reasons for considering the Contractor in default and the Owner’s intentions to terminate the contract. If the Contractor or surety, within a period of 10 days after such notice, does not proceed in accordance therewith, then the Owner will, upon written notification from the Engineer of the facts of such delay, neglect, or default and the Contractor’s failure to comply with such notice, have full power and authority without violating the contract, to take the execution of the work out of the hands of the Contractor. The Owner may appropriate or use any or all materials and equipment that have been mobilized for use in the work and are acceptable and may enter into an agreement for the completion of said contract according to the terms and provisions thereof, or use such other methods as in the opinion of the Engineer will be required for the completion of said contract in an acceptable manner. All costs and charges incurred by the Owner, together with the cost of completing the work under contract, will be deducted from any monies due or which may become due the Contractor. If such expense exceeds the sum which would have been payable under the contract, then the Contractor and the surety shall be liable and shall pay to the Owner the amount of such excess. 80-10 Termination for national emergencies. The Owner shall terminate the contract or portion thereof by written notice when the Contractor is prevented from proceeding with the construction Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 contract as a direct result of an Executive Order of the President with respect to the execution of war or in the interest of national defense. When the contract, or any portion thereof, is terminated before completion of all items of work in the contract, payment will be made for the actual number of units or items of work completed at the contract price or as mutually agreed for items of work partially completed or not started. No claims or loss of anticipated profits shall be considered. Reimbursement for organization of the work, and other overhead expenses, (when not otherwise included in the contract) and moving equipment and materials to and from the job will be considered, the intent being that an equitable settlement will be made with the Contractor. Acceptable materials, obtained or ordered by the Contractor for the work and that are not incorporated in the work shall, at the option of the Contractor, be purchased from the Contractor at actual cost as shown by receipted bills and actual cost records at such points of delivery as may be designated by the Engineer. Termination of the contract or a portion thereof shall neither relieve the Contractor of his or her responsibilities for the completed work nor shall it relieve his or her surety of its obligation for and concerning any just claim arising out of the work performed. 80-12 Work area, storage area and sequence of operations. The Contractor shall obtain approval from the Engineer prior to beginning any work in all areas of the airport. No operating runway, taxiway, or air operations area (AOA) shall be crossed, entered, or obstructed while it is operational. The Contractor shall plan and coordinate his or her work in such a manner as to ensure safety and a minimum of hindrance to flight operations. All Contractor equipment and material stockpiles shall be stored a minimum or 400 feet from the centerline of an active runway. No equipment will be allowed to park within the approach area of an active runway at any time. No equipment shall be within 250 feet of an active runway at any time. END OF SECTION 80 Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 SECTION 90 MEASUREMENT AND PAYMENT 90-01 Measurement of quantities. All work completed under the contract will be measured by the Engineer, or his or her authorized representatives, using United States Customary Units of Measurement or the International System of Units. The method of measurement and computations to be used in determination of quantities of material furnished and of work performed under the contract will be those methods generally recognized as conforming to good engineering practice. Unless otherwise specified, longitudinal measurements for area computations will be made horizontally, and no deductions will be made for individual fixtures (or leave-outs) having an area of 9 square feet (0.8 square meters) or less. Unless otherwise specified, transverse measurements for area computations will be the neat dimensions shown on the plans or ordered in writing by the Engineer. Structures will be measured according to neat lines shown on the plans or as altered to fit field conditions. Unless otherwise specified, all contract items which are measured by the linear foot such as electrical ducts, conduits, pipe culverts, underdrains, and similar items shall be measured parallel to the base or foundation upon which such items are placed. In computing volumes of excavation the average end area method or other acceptable methods will be used. The thickness of plates and galvanized sheet used in the manufacture of corrugated metal pipe, metal plate pipe culverts and arches, and metal cribbing will be specified and measured in decimal fraction of inch. The term “ton” will mean the short ton consisting of 2,000 lb (907 km) avoirdupois. All materials that are measured or proportioned by weights shall be weighed on accurate, approved scales by competent, qualified personnel at locations designed by the Engineer. If material is shipped by rail, the car weight may be accepted provided that only the actual weight of material is paid for. However, car weights will not be acceptable for material to be passed through mixing plants. Trucks used to haul material being paid for by weight shall be weighed empty daily at such times as the Engineer directs, and each truck shall bear a plainly legible identification mark. Materials to be measured by volume in the hauling vehicle shall be hauled in approved vehicles and measured therein at the point of delivery. Vehicles for this purpose may be of any size or type acceptable for the materials hauled, provided that the body is of such shape that the actual Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 contents may be readily and accurately determined. All vehicles shall be loaded to at least their water level capacity, and all loads shall be leveled when the vehicles arrive at the point of delivery. When requested by the Contractor and approved by the Engineer in writing, material specified to be measured by the cubic yard (cubic meter) may be weighed, and such weights will be converted to cubic yards (cubic meters) for payment purposes. Factors for conversion from weight measurement to volume measurement will be determined by the Engineer and shall be agreed to by the Contractor before such method of measurement of pay quantities is used. Bituminous materials will be measured by the gallon (liter) or ton (kg). When measured by volume, such volumes will be measured at 60°F (16°C) or will be corrected to the volume at 60°F (16°C) using ASTM D1250 for asphalts or ASTM D633 for tars. Net certified scale weights or weights based on certified volumes in the case of rail shipments will be used as a basis of measurement, subject to correction when bituminous material has been lost from the car or the distributor, wasted, or otherwise not incorporated in the work. When bituminous materials are shipped by truck or transport, net certified weights by volume, subject to correction for loss or foaming, may be used for computing quantities. Cement will be measured by the ton (kg) or hundredweight (km). Timber will be measured by the thousand feet board measure (MFBM) actually incorporated in the structure. Measurement will be based on nominal widths and thicknesses and the extreme length of each piece. The term “lump sum” when used as an item of payment will mean complete payment for the work described in the contract. When a complete structure or structural unit (in effect, “lump sum” work) is specified as the unit of measurement, the unit will be construed to include all necessary fittings and accessories. Rental of equipment will be measured by time in hours of actual working time and necessary traveling time of the equipment within the limits of the Work. Special equipment ordered by the Engineer in connection with force account work will be measured as agreed in the change order or supplemental agreement authorizing such force account work as provided in the subsection 90-05 titled PAYMENT FOR EXTRA WORK of this section. When standard manufactured items are specified such as fence, wire, plates, rolled shapes, pipe conduit, etc., and these items are identified by gauge, unit weight, section dimensions, etc., such identification will be considered to be nominal weights or dimensions. Unless more stringently controlled by tolerances in cited specifications, manufacturing tolerances established by the industries involved will be accepted. Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 Scales for weighing materials which are required to be proportioned or measured and paid for by weight shall be furnished, erected, and maintained by the Contractor, or be certified permanently installed commercial scales. Scales shall be accurate within 1/2% of the correct weight throughout the range of use. The Contractor shall have the scales checked under the observation of the inspector before beginning work and at such other times as requested. The intervals shall be uniform in spacing throughout the graduated or marked length of the beam or dial and shall not exceed one-tenth of 1% of the nominal rated capacity of the scale, but not less than 1 pound (454 grams). The use of spring balances will not be permitted. Beams, dials, platforms, and other scale equipment shall be so arranged that the operator and the inspector can safely and conveniently view them. Scale installations shall have available ten standard 50-pound (2.3 km) weights for testing the weighing equipment or suitable weights and devices for other approved equipment. Scales must be tested for accuracy and serviced before use at a new site. Platform scales shall be installed and maintained with the platform level and rigid bulkheads at each end. Scales “overweighing” (indicating more than correct weight) will not be permitted to operate, and all materials received subsequent to the last previous correct weighting-accuracy test will be reduced by the percentage of error in excess of one-half of 1%. In the event inspection reveals the scales have been underweighing (indicating less than correct weight), they shall be adjusted, and no additional payment to the Contractor will be allowed for materials previously weighed and recorded. All costs in connection with furnishing, installing, certifying, testing, and maintaining scales; for furnishing check weights and scale house; and for all other items specified in this subsection, for the weighing of materials for proportioning or payment, shall be included in the unit contract prices for the various items of the project. When the estimated quantities for a specific portion of the Work are designated as the pay quantities in the contract, they shall be the final quantities for which payment for such specific portion of the Work will be made, unless the dimensions of said portions of the Work shown on the plans are revised by the Engineer. If revised dimensions result in an increase or decrease in the quantities of such Work, the final quantities for payment will be revised in the amount represented by the authorized changes in the dimensions. 90-02 Scope of payment. The Contractor shall receive and accept compensation provided for in the contract as full payment for furnishing all materials, for performing all Work under the contract Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 in a complete and acceptable manner, and for all risk, loss, damage, or expense of whatever character arising out of the nature of the Work or the execution thereof, subject to the provisions of the subsection 70-18 titled NO WAIVER OF LEGAL RIGHTS of Section 70. When the “basis of payment” subsection of a technical specification requires that the contract price (price bid) include compensation for certain work or material essential to the item, this same work or material will not also be measured for payment under any other contract item which may appear elsewhere in the contract, plans, or specifications. 90-03 Compensation for altered quantities. When the accepted quantities of Work vary from the quantities in the contract, the Contractor shall accept as payment in full, so far as contract items are concerned, payment at the original contract price for the accepted quantities of Work actually completed and accepted. No allowance, except as provided for in the subsection 40-02 titled ALTERATION OF WORK AND QUANTITIES of Section 40 will be made for any increased expense, loss of expected reimbursement, or loss of anticipated profits suffered or claimed by the Contractor which results directly from such alterations or indirectly from its Sunbalanced allocation of overhead and profit among the contract items, or from any other cause. 90-04 Payment for omitted items. As specified in the subsection 40-03 titled OMITTED ITEMS of Section 40, the Engineer shall have the right to omit from the Work (order nonperformance) any contract item, except major contract items, in the best interest of the Owner. Should the Engineer omit or order nonperformance of a contract item or portion of such item from the Work, the Contractor shall accept payment in full at the contract prices for any Work actually completed and acceptable prior to the Engineer’s order to omit or non-perform such contract item. Acceptable materials ordered by the Contractor or delivered on the Work prior to the date of the Engineer’s order will be paid for at the actual cost to the Contractor and shall thereupon become the property of the Owner. In addition to the reimbursement hereinbefore provided, the Contractor shall be reimbursed for all actual costs incurred for the purpose of performing the omitted contract item prior to the date of the Engineer’s order. Such additional costs incurred by the Contractor must be directly related to the deleted contract item and shall be supported by certified statements by the Contractor as to the nature the amount of such costs. 90-05 Payment for extra Work. Extra work, performed in accordance with the subsection 40-04 titled EXTRA WORK of Section 40, will be paid for at the contract prices or agreed prices specified in the change order or supplemental agreement authorizing the extra Work. Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 90-06 Partial payments. Partial payments will be made to the Contractor at least once each month as the Work progresses. Said payments will be based upon estimates, prepared by the Engineer, of the value of the Work performed and materials complete and in place, in accordance with the contract, Plans, and Specifications. Such partial payments may also include the delivered actual cost of those materials stockpiled and stored in accordance with the subsection 90-07 titled PAYMENT FOR MATERIALS ON HAND of this section. No partial payment will be made when the amount due to the Contractor since the last estimate amounts to less than five hundred dollars ($500.00). The Contractor is required to pay all subcontractors for satisfactory performance of their contracts no later than thirty (30) days after the Contractor has received a partial payment. The Owner must ensure prompt and full payment of retainage from the prime Contractor to the subcontractor within thirty (30) days after the subcontractor’s Work is satisfactorily completed. A subcontractor’s Work is satisfactorily completed when all the tasks called for in the subcontract have been accomplished and documented as required by the Owner. When the Owner has made an incremental acceptance of a portion of a prime contract, the Work of a subcontractor covered by that acceptance is deemed to be satisfactorily completed. From the total of the amount determined to be payable on a partial payment, ten (10%) percent of such total amount will be deducted and retained by the Owner until the final payment is made, except as may be provided (at the Contractor’s option) in the subsection 90-08 titled PAYMENT OF WITHHELD FUNDS of this section. The balance ninety percent (90%) of the amount payable, less all previous payments, shall be certified for payment. Should the Contractor exercise his or her option, as provided in the subsection 90-08 titled PAYMENT OF WITHHELD FUNDS of this section, no such percent retainage shall be deducted. When at least ninety-five percent (95%) of the work has been completed, the Engineer shall, at the Owner’s discretion and with the consent of the surety, prepare estimates of both the contract value and the cost of the remaining work to be done. The Owner may retain an amount not less than twice the contract value or estimated cost, whichever is greater, of the work remaining to be done. The remainder, less all previous payments and deductions, will then be certified for payment to the Contractor. It is understood and agreed that the Contractor shall not be entitled to demand or receive partial payment based on quantities of Work in excess of those provided in the bid or covered by Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 approved change orders or supplemental agreements, except when such excess quantities have been determined by the Engineer to be a part of the final quantity for the item of work in question. No partial payment shall bind the Owner to the acceptance of any materials or Work in place as to quality or quantity. All partial payments are subject to correction at the time of final payment as provided in the subsection 90-09 titled ACCEPTANCE AND FINAL PAYMENT of this section. The Contractor shall deliver to the Owner a complete release of all claims for labor and material arising out of this contract before the final payment is made. If any subcontractor or supplier fails to furnish such a release in full, the Contractor may furnish a bond or other collateral satisfactory to the Owner to indemnify the Owner against any potential lien or other such claim. The bond or collateral shall include all costs, expenses, and attorney fees the Owner may be compelled to pay in discharging any such lien or claim. 90-07 Payment for materials on hand. Partial payments may be made to the extent of the delivered cost of materials to be incorporated in the work, provided that such materials meet the requirements of the contract, Plans, and Specifications and are delivered to acceptable sites on the Airport property or at other sites in the vicinity that are acceptable to the Owner. Such delivered costs of stored or stockpiled materials may be included in the next partial payment after the following conditions are met: a. The material has been stored or stockpiled in a manner acceptable to the Engineer at or on an approved site. b. The Contractor has furnished the Engineer with acceptable evidence of the quantity and quality of such stored or stockpiled materials. c. The Contractor has furnished the Engineer with satisfactory evidence that the material and transportation costs have been paid. d. The Contractor has furnished the Owner legal title (free of liens or encumbrances of any kind) to the material so stored or stockpiled. e. The Contractor has furnished the Owner evidence that the material so stored or stockpiled is insured against loss by damage to or disappearance of such materials at any time prior to use in the work. It is understood and agreed that the transfer of title and the Owner’s payment for such stored or stockpiled materials shall in no way relieve the Contractor of his or her responsibility for furnishing and placing such materials in accordance with the requirements of the contract, plans, and specifications. Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 In no case will the amount of partial payments for materials on hand exceed the contract price for such materials or the contract price for the contract item in which the material is intended to be used. No partial payment will be made for stored or stockpiled living or perishable plant materials. The Contractor shall bear all costs associated with the partial payment of stored or stockpiled materials in accordance with the provisions of this subsection. 90-08 Payment of withheld funds. At the Contractor’s option, if an Owner withholds retainage in accordance with the methods described in subsection 90-06 PARTIAL PAYMENTS, the Contractor may request that the Owner deposit the retainage into an escrow account. The Owner’s deposit of retainage into an escrow account is subject to the following conditions: a. The Contractor shall bear all expenses of establishing and maintaining an escrow account and escrow agreement acceptable to the Owner. b. The Contractor shall deposit to and maintain in such escrow only those securities or bank certificates of deposit as are acceptable to the Owner and having a value not less than the retainage that would otherwise be withheld from partial payment. c. The Contractor shall enter into an escrow agreement satisfactory to the Owner. d. The Contractor shall obtain the written consent of the surety to such agreement. 90-09 Acceptance and final payment. When the contract work has been accepted in accordance with the requirements of the subsection 50-15 titled FINAL ACCEPTANCE of Section 50, the Engineer will prepare the final estimate of the items of work actually performed. The Contractor shall approve the Engineer’s final estimate or advise the Engineer of the Contractor’s objections to the final estimate which are based on disputes in measurements or computations of the final quantities to be paid under the contract as amended by change order or supplemental agreement. The Contractor and the Engineer shall resolve all disputes (if any) in the measurement and computation of final quantities to be paid within thirty (30) calendar days of the Contractor’s receipt of the Engineer’s final estimate. If, after such 30-day period, a dispute still exists, the Contractor may approve the Engineer’s estimate under protest of the quantities in dispute, and such disputed quantities shall be considered by the Owner as a claim in accordance with the subsection 50-16 titled CLAIMS FOR ADJUSTMENT AND DISPUTES of Section 50. After the Contractor has approved, or approved under protest, the Engineer’s final estimate, and after the Engineer’s receipt of the project closeout documentation required in subsection 90-11 Project Closeout, final payment will be processed based on the entire sum, or the undisputed sum Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 in case of approval under protest, determined to be due the Contractor less all previous payments and all amounts to be deducted under the provisions of the contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. If the Contractor has filed a claim for additional compensation under the provisions of the subsection 50-16 titled CLAIMS FOR ADJUSTMENTS AND DISPUTES of Section 50 or under the provisions of this subsection, such claims will be considered by the Owner in accordance with local laws or ordinances. Upon final adjudication of such claims, any additional payment determined to be due the Contractor will be paid pursuant to a supplemental final estimate. 90-10 Construction warranty. a. In addition to any other warranties in this contract, the Contractor warrants that Work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, workmanship, or design furnished, or performed by the Contractor or any subcontractor or supplier at any tier. b. This warranty shall continue for a period of one year from the date of final acceptance of the work. If the Owner takes possession of any part of the work before final acceptance, this warranty shall continue for a period of one year from the date the Owner takes possession. However, this will not relieve the Contractor from corrective items required by the final acceptance of the Project Work. c. The Contractor shall remedy at the Contractor’s expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor’s expense any damage to Owner real or personal property, when that damage is the result of: (1) The Contractor’s failure to conform to contract requirements; or (2) Any defect of equipment, material, workmanship, or design furnished by the Contractor. d. The Contractor shall restore any Work damaged in fulfilling the terms and conditions of this clause. The Contractor’s warranty with respect to Work repaired or replaced will run for one year from the date of repair or replacement. e. The Owner will notify the Contractor, in writing, within seven (7) days after the discovery of any failure, defect, or damage. Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 f. If the Contractor fails to remedy any failure, defect, or damage within fourteen (14) days after receipt of notice, the Owner shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor’s expense. g. With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall: (1) Obtain all warranties that would be given in normal commercial practice; (2) Require all warranties to be executed, in writing, for the benefit of the Owner, as directed by the Owner, and (3) Enforce all warranties for the benefit of the Owner. h. This warranty shall not limit the Owner’s rights with respect to latent defects, gross mistakes, or fraud. 90-11 Project closeout. Approval of final payment to the Contractor is contingent upon completion and submittal of the items listed below. The final payment will not be approved until the Engineer approves the Contractor’s final submittal. The Contractor shall: a. Provide two (2) copies of all manufacturers’ warranties specified for materials, equipment, and installations. b. Provide weekly payroll records (not previously received) from the general Contractor and all subcontractors. c. Complete final cleanup in accordance with subsection 40-08, FINAL CLEANUP. d. Complete all punch list items identified during the Final Inspection. e. Provide complete release of all claims for labor and material arising out of the Contract. f. Provide a certified statement signed by the subcontractors, indicating actual amounts paid to the Disadvantaged Business Enterprise (DBE) subcontractors and/or suppliers associated with the Project. g. When applicable per state requirements, return copies of sales tax completion forms. h. Manufacturer's certifications for all items incorporated in the Work. i. All required record drawings, as-built drawings or as-constructed drawings. j. Project Operation and Maintenance (O&M) Manual. k. Security for Construction Warranty. l. Equipment commissioning documentation submitted, if required. END OF SECTION 90 Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 SECTION 100 CONTRACTOR QUALITY CONTROL PROGRAM 100-01 General. When the specification requires a Contractor Quality Control Program, the Contractor shall establish, provide, and maintain an effective Quality Control Program that details the methods and procedures that will be taken to assure that all materials and completed construction required by this contract conform to contract Plans, technical Specifications and other requirements, whether manufactured by the Contractor, or procured from subcontractors or vendors. Although guidelines are established and certain minimum requirements are specified here and elsewhere in the contract technical specifications, the Contractor shall assume full responsibility for accomplishing the stated purpose. The intent of this section is to enable the Contractor to establish a necessary level of control that will: a. Adequately provide for the production of acceptable quality materials. b. Provide sufficient information to assure both the Contractor and the Engineer that the specification requirements can be met. c. Allow the Contractor as much latitude as possible to develop its own standard of control. The Contractor shall be prepared to discuss and present, at the preconstruction conference, their understanding of the quality control requirements. The Contractor shall not begin any construction or production of materials to be incorporated into the completed Work until the Quality Control Program has been reviewed and accepted by the Engineer. No partial payment will be made for materials subject to specific quality control requirements until the Quality Control Program has been reviewed. The quality control requirements contained in this section and elsewhere in the contract technical Specifications are in addition to and separate from the acceptance testing requirements. Acceptance testing requirements are the responsibility of the Engineer. Paving projects over $250,000 shall have a Quality Control (QC)/Quality Assurance (QA) workshop with the Engineer, Contractor, subcontractors, testing laboratories, and Owner’s representative and the FAA prior to or at start of construction. The workshop shall address QC and QA requirements of the project specifications. The Contractor shall coordinate with the Airport and the Engineer on time and location of the QC/QA workshop. 100-02 Description of program. Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 a. General description. The Contractor shall establish a Quality Control Program to perform quality control inspection and testing of all items of Work required by the technical specifications, including those performed by subcontractors. This Quality Control Program shall ensure conformance to applicable specifications and plans with respect to materials, workmanship, construction, finish, and functional performance. The Quality Control Program shall be effective for control of all construction Work performed under this Contract and shall specifically include surveillance and tests required by the technical specifications, in addition to other requirements of this section and any other activities deemed necessary by the Contractor to establish an effective level of quality control. b. Quality Control Program. The Contractor shall describe the Quality Control Program in a written document that shall be reviewed and approved by the Engineer prior to the start of any production, construction, or off-site fabrication. The written Quality Control Program shall be submitted to the Engineer for review and approval at least fourteen (14) calendar days before the preconstruction meeting. The Contractor’s Quality Control Plan and Quality Control testing laboratory must be approved in writing by the Engineer prior to the NTP. The Quality Control Program shall be organized to address, as a minimum, the following items: a. Quality control organization b. Project progress schedule c. Submittals schedule d. Inspection requirements e. Quality control testing plan f. Documentation of quality control activities g. Requirements for corrective action when quality control and/or acceptance criteria are not met. The Contractor is encouraged to add any additional elements to the Quality Control Program that is deemed necessary to adequately control all production and/or construction processes required by this contract. 100-03 Quality control organization. The Contractor Quality Control Program shall be implemented by the establishment of a separate quality control organization. An organizational Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 chart shall be developed to show all quality control personnel and how these personnel integrate with other management/production and construction functions and personnel. The organizational chart shall identify all quality control staff by name and function, and shall indicate the total staff required to implement all elements of the Quality Control Program, including inspection and testing for each item of work. If necessary, different technicians can be used for specific inspection and testing functions for different items of work. If an outside organization or independent testing laboratory is used for implementation of all or part of the Quality Control Program, the personnel assigned shall be subject to the qualification requirements of paragraph 100-03a and 100-03b. The organizational chart shall indicate which personnel are Contractor employees and which are provided by an outside organization. The quality control organization shall, as a minimum, consist of the following personnel: a. Program Administrator. The Program Administrator shall be a full-time employee of the Contractor, or a consultant engaged by the Contractor. The Program Administrator shall have a minimum of five (5) years of experience in airport and/or highway construction and shall have had prior quality control experience on a project of comparable size and scope as the contract. Additional qualifications for the Program Administrator shall include at least one of the following requirements: (1) Professional Engineer with one (1) year of airport paving experience. (2) Engineer-in-training with two (2) years of airport paving experience. (3) An individual with three (3) years of highway and/or airport paving experience, with a Bachelor of Science Degree in Civil Engineering, Civil Engineering Technology or Construction. (4) Construction materials technician certified at Level III by the National Institute for Certification in Engineering Technologies (NICET). (5) Highway materials technician certified at Level III by NICET. (6) Highway construction technician certified at Level III by NICET. (7) A NICET certified engineering technician in Civil Engineering Technology with five (5) years of highway and/or airport paving experience. The Program Administrator shall have full authority to institute any and all actions necessary for the successful implementation of the Quality Control Program to ensure compliance with the contract plans and technical specifications. The Program Administrator shall report directly to a Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 responsible officer of the construction firm. The Program Administrator may supervise the Quality Control Program on more than one project provided that person can be at the job site within two (2) hours after being notified of a problem. b. Quality control technicians. A sufficient number of quality control technicians necessary to adequately implement the Quality Control Program shall be provided. These personnel shall be either Engineers, engineering technicians, or experienced craftsman with qualifications in the appropriate field equivalent to NICET Level II or higher construction materials technician or highway construction technician and shall have a minimum of two (2) years of experience in their area of expertise. The quality control technicians shall report directly to the Program Administrator and shall perform the following functions: (1) Inspection of all materials, construction, plant, and equipment for conformance to the technical specifications, and as required by subsection 100-06. (2) Performance of all quality control tests as required by the technical specifications and subsection 100-07. (3) Performance of density tests for the Engineer when required by the technical specifications. Certification at an equivalent level, by a state or nationally recognized organization will be acceptable in lieu of NICET certification. c. Staffing levels. The Contractor shall provide sufficient qualified quality control personnel to monitor each Work activity at all times. Where material is being produced in a plant for incorporation into the Work, separate plant and field technicians shall be provided at each plant and field placement location. The scheduling and coordinating of all inspection and testing must match the type and pace of work activity. The Quality Control Program shall state where different technicians will be required for different Work elements. 100-04 Project progress schedule. The Contractor shall submit a coordinated construction schedule for all Work activities. The schedule shall be prepared as a network diagram in Critical Path Method (CPM), Program Evaluation and Review Technique (PERT), or other format, or as otherwise specified in the contract. As a minimum, it shall provide information on the sequence of Work activities, milestone dates, and activity duration. Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 The Contractor shall maintain the Work schedule and provide an update and analysis of the progress schedule on a twice monthly basis, or as otherwise specified in the contract. Submission of the Work schedule shall not relieve the Contractor of overall responsibility for scheduling, sequencing, and coordinating all Work to comply with the requirements of the contract. 100-05 Submittals schedule. The Contractor shall submit a detailed listing of all submittals (for example, mix designs, material certifications) and shop drawings required by the technical specifications. The listing can be developed in a spreadsheet format and shall include: a. Specification item number b. Item description c. Description of submittal d. Specification paragraph requiring submittal e. Scheduled date of submittal 100-06 Inspection requirements. Quality control inspection functions shall be organized to provide inspections for all definable features of Work, as detailed below. All inspections shall be documented by the Contractor as specified by subsection 100-07. Inspections shall be performed daily to ensure continuing compliance with contract requirements until completion of the particular feature of Work. These shall include the following minimum requirements: a. During plant operation for material production, quality control test results and periodic inspections shall be used to ensure the quality of aggregates and other mix components, and to adjust and control mix proportioning to meet the approved mix design and other requirements of the technical specifications. All equipment used in proportioning and mixing shall be inspected to ensure its proper operating condition. The Quality Control Program shall detail how these and other quality control functions will be accomplished and used. b. During field operations, quality control test results and periodic inspections shall be used to ensure the quality of all materials and workmanship. All equipment used in placing, finishing, and compacting shall be inspected to ensure its proper operating condition and to ensure that all such operations are in conformance to the technical specifications and are within the plan dimensions, lines, grades, and tolerances specified. The Program shall document how these and other quality control functions will be accomplished and used. Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 100-07 Quality control testing plan. As a part of the overall Quality Control Program, the Contractor shall implement a quality control testing plan, as required by the technical specifications. The testing plan shall include the minimum tests and test frequencies required by each technical specification Item, as well as any additional quality control tests that the Contractor deems necessary to adequately control production and/or construction processes. The testing plan can be developed in a spreadsheet fashion and shall, as a minimum, include the following: a. Specification item number (for example, P-401) b. Item description (for example, Plant Mix Bituminous Pavements) c. Test type (for example, gradation, grade, asphalt content) d. Test standard (for example, ASTM or American Association of State Highway and Transportation Officials (AASHTO) test number, as applicable) e. Test frequency (for example, as required by technical specifications or minimum frequency when requirements are not stated) f. Responsibility (for example, plant technician) g. Control requirements (for example, target, permissible deviations) The testing plan shall contain a statistically-based procedure of random sampling for acquiring test samples in accordance with ASTM D3665. The Engineer shall be provided the opportunity to witness quality control sampling and testing. All quality control test results shall be documented by the Contractor as required by subsection 100-08. 100-08 Documentation. The Contractor shall maintain current quality control records of all inspections and tests performed. These records shall include factual evidence that the required inspections or tests have been performed, including type and number of inspections or tests involved; results of inspections or tests; nature of defects, deviations, causes for rejection, etc.; proposed remedial action; and corrective actions taken. These records must cover both conforming and defective or deficient features, and must include a statement that all supplies and materials incorporated in the work are in full compliance with the terms of the contract. Legible copies of these records shall be furnished to the Engineer daily. The records shall cover all work placed subsequent to the previously furnished records and shall be verified and signed by the Contractor’s Program Administrator. Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 Specific Contractor quality control records required for the contract shall include, but are not necessarily limited to, the following records: a. Daily inspection reports. Each Contractor quality control technician shall maintain a daily log of all inspections performed for both Contractor and subcontractor operations. These technician’s daily reports shall provide factual evidence that continuous quality control inspections have been performed and shall, as a minimum, include the following: (1) Technical specification item number and description (2) Compliance with approved submittals (3) Proper storage of materials and equipment (4) Proper operation of all equipment (5) Adherence to plans and technical specifications (6) Review of quality control tests (7) Safety inspection. The daily inspection reports shall identify inspections conducted, results of inspections, location and nature of defects found, causes for rejection, and remedial or corrective actions taken or proposed. The daily inspection reports shall be signed by the responsible quality control technician and the Program Administrator. The Engineer shall be provided at least one copy of each daily inspection report on the work day following the day of record. b. Daily test reports. The Contractor shall be responsible for establishing a system that will record all quality control test results. Daily test reports shall document the following information: (1) Technical specification item number and description (2) Test designation (3) Location (4) Date of test (5) Control requirements (6) Test results (7) Causes for rejection (8) Recommended remedial actions (9) Retests Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 Test results from each day’s work period shall be submitted to the Engineer prior to the start of the next day’s work period. When required by the technical specifications, the Contractor shall maintain statistical quality control charts. The daily test reports shall be signed by the responsible quality control technician and the Program Administrator. 100-09 Corrective action requirements. The Quality Control Program shall indicate the appropriate action to be taken when a process is deemed, or believed, to be out of control (out of tolerance) and detail what action will be taken to bring the process into control. The requirements for corrective action shall include both general requirements for operation of the Quality Control Program as a whole, and for individual items of work contained in the technical specifications. The Quality Control Program shall detail how the results of quality control inspections and tests will be used for determining the need for corrective action and shall contain clear sets of rules to gauge when a process is out of control and the type of correction to be taken to regain process control. When applicable or required by the technical specifications, the Contractor shall establish and use statistical quality control charts for individual quality control tests. The requirements for corrective action shall be linked to the control charts. 100-10 Surveillance by the Engineer. All items of material and equipment shall be subject to surveillance by the Engineer at the point of production, manufacture or shipment to determine if the Contractor, producer, manufacturer or shipper maintains an adequate quality control system in conformance with the requirements detailed here and the applicable technical specifications and plans. In addition, all items of materials, equipment and Work in place shall be subject to surveillance by the Engineer at the site for the same purpose. Surveillance by the Engineer does not relieve the Contractor of performing quality control inspections of either on-site or off-site Contractor’s or subcontractor’s work. 100-11 Noncompliance. a. The Engineer will notify the Contractor of any noncompliance with any of the foregoing requirements. The Contractor shall, after receipt of such notice, immediately take corrective action. Any notice, when delivered by the Engineer or his or her authorized representative to the Contractor or its authorized representative at the site of the work, shall be considered sufficient notice. b. In cases where quality control activities do not comply with either the Contractor Quality Control Program or the contract provisions, or where the Contractor fails to properly operate and maintain an effective Quality Control Program, as determined by the Engineer, the Engineer may: Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 (1) Order the Contractor to replace ineffective or unqualified quality control personnel or subcontractors. (2) Order the Contractor to stop operations until appropriate corrective actions are taken. END OF SECTION 100 SECTION 105 MOBILIZATION 105-1 Description. This item shall consist of work and operations, but is not limited to, work and operations necessary for the movement of personnel, equipment, material and supplies to and from the project site for Work on the project except as provided in the contract as separate pay items. 105-1.1 Posted notices. Prior to commencement of construction activities the Contractor must post the following documents in a prominent and accessible place where they may be easily viewed by all employees of the prime Contractor and by all employees of subcontractors engaged by the prime Contractor: Equal Employment Opportunity (EEO) Poster “Equal Employment Opportunity is the Law” in accordance with the Office of Federal Contract Compliance Programs Executive Order 11246, as amended; Davis Bacon Wage Poster (WH 1321) - DOL “Notice to All Employees” Poster; and Applicable Davis-Bacon Wage Rate Determination. These notices must remain posted until final acceptance of the work by the Owner. 105-2 Basis of measurement and payment. Based upon the contract lump sum price for “Mobilization” partial payments will be allowed as follows: a. With first pay request, 25%. b. When 25% or more of the original contract is earned, an additional 25%. c. When 50% or more of the original contract is earned, an additional 40%. d. After Final Inspection, Staging area clean-up and delivery of all Project Closeout materials as required by 90-11, the final 10%. END OF SECTION 105 Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 SECTION 110 METHOD OF ESTIMATING PERCENTAGE OF MATERIAL WITHIN SPECIFICATION LIMITS (PWL) 110-01 General. When the specifications provide for acceptance of material based on the method of estimating percentage of material within specification limits (PWL), the PWL will be determined in accordance with this section. All test results for a lot will be analyzed statistically to determine the total estimated percent of the lot that is within specification limits. The PWL is computed using the sample average (X) and sample standard deviation (Sn) of the specified number (n) of sublots for the lot and the specification tolerance limits, L for lower and U for upper, for the particular acceptance parameter. From these values, the respective Quality index, QL for Lower Quality Index and/or QU for Upper Quality Index, is computed and the PWL for the lot for the specified n is determined from Table 1. All specification limits specified in the technical sections shall be absolute values. Test results used in the calculations shall be to the significant figure given in the test procedure. There is some degree of uncertainty (risk) in the measurement for acceptance because only a small fraction of production material (the population) is sampled and tested. This uncertainty exists because all portions of the production material have the same probability to be randomly sampled. The Contractor’s risk is the probability that material produced at the acceptable quality level is rejected or subjected to a pay adjustment. The Owner’s risk is the probability that material produced at the rejectable quality level is accepted. It is the intent of this section to inform the Contractor that, in order to consistently offset the Contractor’s risk for material evaluated, production quality (using population average and population standard deviation) must be maintained at the acceptable quality specified or higher. In all cases, it is the responsibility of the Contractor to produce at quality levels that will meet the specified acceptance criteria when sampled and tested at the frequencies specified. 110-02 Method for computing PWL. The computational sequence for computing PWL is as follows: a. Divide the lot into n sublots in accordance with the acceptance requirements of the specification. b. Locate the random sampling position within the sublot in accordance with the requirements of the specification. c. Make a measurement at each location, or take a test portion and make the measurement on the test portion in accordance with the testing requirements of the specification. Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 d. Find the sample average (X) for all sublot values within the lot by using the following formula: X = (x1 + x2 + x3 + . . .xn) / n Where: X = Sample average of all sublot values within a lot x1, x2 = Individual sublot values n = Number of sublots e. Find the sample standard deviation (Sn) by use of the following formula: Sn = [(d12 + d22 + d32 + . . .dn2)/(n-1)]1/2 Where: Sn = Sample standard deviation of the number of sublot values in the set d1, d2 = Deviations of the individual sublot values x1, x2, … from the average value X that is: d1 = (x1 - X), d2 = (x2 - X) … dn = (xn - X) n = Number of sublots f. For single sided specification limits (that is, L only), compute the Lower Quality Index QL by use of the following formula: QL = (X - L) / Sn Where: L = specification lower tolerance limit Estimate the percentage of material within limits (PWL) by entering Table 1 with QL, using the column appropriate to the total number (n) of measurements. If the value of QL falls between values shown on the table, use the next higher value of PWL. g. For double-sided specification limits (that is, L and U), compute the Quality Indexes QL and QU by use of the following formulas: QL = (X - L) / Sn and QU = (U - X) / Sn Where: L and U = specification lower and upper tolerance limits Estimate the percentage of material between the lower (L) and upper (U) tolerance limits (PWL) by entering Table 1 separately with QL and QU, using the column appropriate to the total number (n) of measurements, and determining the percent of material above PL and percent of material below PU for each tolerance limit. If the values of QL fall between values shown on the table, use the next higher value of PL or PU. Determine the PWL by use of the following formula: PWL = (PU + PL) - 100 Where: PL = percent within lower specification limit Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 PU = percent within upper specification limit EXAMPLE OF PWL CALCULATION Project: Example Project Test Item: Item P-401, Lot A. A. PWL Determination for Mat Density. 1. Density of four random cores taken from Lot A. A-1 = 96.60 A-2 = 97.55 A-3 = 99.30 A-4 = 98.35 n = 4 2. Calculate average density for the lot. X = (x1 + x2 + x3 + . . .xn) / n X = (96.60 + 97.55 + 99.30 + 98.35) / 4 X = 97.95% density 3. Calculate the standard deviation for the lot. Sn = [((96.60 - 97.95)2 + (97.55 - 97.95)2 +(99.30 -97.95)2 + (98.35 -97.95)2)) / (4 - 1)]1/2 Sn = [(1.82 + 0.16 + 1.82 + 0.16) / 3]1/2 Sn = 1.15 4. Calculate the Lower Quality Index QL for the lot. (L=96.3) QL = (X -L) / Sn QL = (97.95 - 96.30) / 1.15 QL = 1.4348 5. Determine PWL by entering Table 1 with QL= 1.44 and n= 4. PWL = 98 B. PWL Determination for Air Voids. 1. Air Voids of four random samples taken from Lot A. A-1 = 5.00 A-2 = 3.74 A-3 = 2.30 A-4 = 3.25 2. Calculate the average air voids for the lot. X = (x1 + x2 + x3 . . .n) / n Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 X = (5.00 + 3.74 + 2.30 + 3.25) / 4 X = 3.57% 3. Calculate the standard deviation Sn for the lot. Sn = [((3.57 - 5.00)2 + (3.57 - 3.74)2 + (3.57 - 2.30)2 + (3.57 -3.25)2) / (4 - 1)]1/2 Sn = [(2.04 + 0.03 + 1.62 + 0.10) / 3]1/2 Sn = 1.12 4. Calculate the Lower Quality Index QL for the lot. (L= 2.0) QL = (X - L) / Sn QL = (3.57 - 2.00) / 1.12 QL = 1.3992 5. Determine PL by entering Table 1 with QL = 1.41 and n = 4. PL = 97 6. Calculate the Upper Quality Index QU for the lot. (U= 5.0) QU = (U - X) / Sn QU = (5.00 - 3.57) / 1.12 QU = 1.2702 7. Determine PU by entering Table 1 with QU = 1.29 and n = 4. PU = 93 8. Calculate Air Voids PWL PWL = (PL + PU) - 100 PWL = (97 + 93) - 100 = 90 EXAMPLE OF OUTLIER CALCULATION (REFERENCE ASTM E178) Project: Example Project Test Item: Item P-401, Lot A. A. Outlier Determination for Mat Density. 1. Density of four random cores taken from Lot A arranged in descending order. A-3 = 99.30 A-4 = 98.35 A-2 = 97.55 A-1 = 96.60 2. Use n=4 and upper 5% significance level of to find the critical value for test criterion = 1.463. 3. Use average density, standard deviation, and test criterion value to evaluate density measurements. Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 a. For measurements greater than the average: If (measurement - average)/(standard deviation) is less than test criterion, then the measurement is not considered an outlier For A-3, check if (99.30 - 97.95) / 1.15 is greater than 1.463. Since 1.174 is less than 1.463, the value is not an outlier. b. For measurements less than the average: If (average - measurement)/(standard deviation) is less than test criterion, then the measurement is not considered an outlier. For A-1, check if (97.95 - 96.60) / 1.15 is greater than 1.463. Since 1.435 is less than 1.463, the value is not an outlier. Note: In this example, a measurement would be considered an outlier if the density were: Greater than (97.95 + 1.463 × 1.15) = 99.63% OR less than (97.95 - 1.463 × 1.15) = 96.27%. Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 Table 1. Table for Estimating Percent of Lot Within Limits (PWL) Percent Within Limits (PL and PU) Positive Values of Q (QL and QU) n=3 n=4 n=5 n=6 n=7 n=8 n=9 n=10 99 1.1541 1.4700 1.6714 1.8008 1.8888 1.9520 1.9994 2.0362 98 1.1524 1.4400 1.6016 1.6982 1.7612 1.8053 1.8379 1.8630 97 1.1496 1.4100 1.5427 1.6181 1.6661 1.6993 1.7235 1.7420 96 1.1456 1.3800 1.4897 1.5497 1.5871 1.6127 1.6313 1.6454 95 1.1405 1.3500 1.4407 1.4887 1.5181 1.5381 1.5525 1.5635 94 1.1342 1.3200 1.3946 1.4329 1.4561 1.4717 1.4829 1.4914 93 1.1269 1.2900 1.3508 1.3810 1.3991 1.4112 1.4199 1.4265 92 1.1184 1.2600 1.3088 1.3323 1.3461 1.3554 1.3620 1.3670 91 1.1089 1.2300 1.2683 1.2860 1.2964 1.3032 1.3081 1.3118 90 1.0982 1.2000 1.2290 1.2419 1.2492 1.2541 1.2576 1.2602 89 1.0864 1.1700 1.1909 1.1995 1.2043 1.2075 1.2098 1.2115 88 1.0736 1.1400 1.1537 1.1587 1.1613 1.1630 1.1643 1.1653 87 1.0597 1.1100 1.1173 1.1192 1.1199 1.1204 1.1208 1.1212 86 1.0448 1.0800 1.0817 1.0808 1.0800 1.0794 1.0791 1.0789 85 1.0288 1.0500 1.0467 1.0435 1.0413 1.0399 1.0389 1.0382 84 1.0119 1.0200 1.0124 1.0071 1.0037 1.0015 1.0000 0.9990 83 0.9939 0.9900 0.9785 0.9715 0.9671 0.9643 0.9624 0.9610 82 0.9749 0.9600 0.9452 0.9367 0.9315 0.9281 0.9258 0.9241 81 0.9550 0.9300 0.9123 0.9025 0.8966 0.8928 0.8901 0.8882 80 0.9342 0.9000 0.8799 0.8690 0.8625 0.8583 0.8554 0.8533 79 0.9124 0.8700 0.8478 0.8360 0.8291 0.8245 0.8214 0.8192 78 0.8897 0.8400 0.8160 0.8036 0.7962 0.7915 0.7882 0.7858 77 0.8662 0.8100 0.7846 0.7716 0.7640 0.7590 0.7556 0.7531 76 0.8417 0.7800 0.7535 0.7401 0.7322 0.7271 0.7236 0.7211 75 0.8165 0.7500 0.7226 0.7089 0.7009 0.6958 0.6922 0.6896 74 0.7904 0.7200 0.6921 0.6781 0.6701 0.6649 0.6613 0.6587 73 0.7636 0.6900 0.6617 0.6477 0.6396 0.6344 0.6308 0.6282 72 0.7360 0.6600 0.6316 0.6176 0.6095 0.6044 0.6008 0.5982 71 0.7077 0.6300 0.6016 0.5878 0.5798 0.5747 0.5712 0.5686 70 0.6787 0.6000 0.5719 0.5582 0.5504 0.5454 0.5419 0.5394 69 0.6490 0.5700 0.5423 0.5290 0.5213 0.5164 0.5130 0.5105 68 0.6187 0.5400 0.5129 0.4999 0.4924 0.4877 0.4844 0.4820 67 0.5878 0.5100 0.4836 0.4710 0.4638 0.4592 0.4560 0.4537 66 0.5563 0.4800 0.4545 0.4424 0.4355 0.4310 0.4280 0.4257 65 0.5242 0.4500 0.4255 0.4139 0.4073 0.4030 0.4001 0.3980 64 0.4916 0.4200 0.3967 0.3856 0.3793 0.3753 0.3725 0.3705 63 0.4586 0.3900 0.3679 0.3575 0.3515 0.3477 0.3451 0.3432 62 0.4251 0.3600 0.3392 0.3295 0.3239 0.3203 0.3179 0.3161 61 0.3911 0.3300 0.3107 0.3016 0.2964 0.2931 0.2908 0.2892 60 0.3568 0.3000 0.2822 0.2738 0.2691 0.2660 0.2639 0.2624 59 0.3222 0.2700 0.2537 0.2461 0.2418 0.2391 0.2372 0.2358 58 0.2872 0.2400 0.2254 0.2186 0.2147 0.2122 0.2105 0.2093 57 0.2519 0.2100 0.1971 0.1911 0.1877 0.1855 0.1840 0.1829 56 0.2164 0.1800 0.1688 0.1636 0.1607 0.1588 0.1575 0.1566 55 0.1806 0.1500 0.1406 0.1363 0.1338 0.1322 0.1312 0.1304 54 0.1447 0.1200 0.1125 0.1090 0.1070 0.1057 0.1049 0.1042 53 0.1087 0.0900 0.0843 0.0817 0.0802 0.0793 0.0786 0.0781 52 0.0725 0.0600 0.0562 0.0544 0.0534 0.0528 0.0524 0.0521 51 0.0363 0.0300 0.0281 0.0272 0.0267 0.0264 0.0262 0.0260 50 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 END OF SECTION 110 EXHIBIT A BID COSTS SHEETS Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 EXHIBIT B REQUIRED SUBMITTALS Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 Reconstruct & Extend Taxiway A Augusta Regional Airport, Augusta, Georgia AIP No. 3-13-0011-038-2015 and 3-13-0011-39-2016 EXHIBIT C INSURANCE AND BONDING American Contractors Insurance Company Ri 12300-000 877-945-7378 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THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CERTIFICATE OF LIABILITY INSURANCE ADDITIONAL REMARKS SCHEDULE AGENCY CUSTOMER ID: LOC#: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE: ACORD 101 (2008/01)© 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY NAMED INSURED POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: 119400 Page 2 of 2 Willis of Minnesota, Inc. See First Page American Contractors Insurance Company Ri12300-000 See First Page McCarthy Improvement Company 5401 Victoria Ave Davenport, IA 52807 25 CERTIFICATE OF LIABILITY INSURANCE Waiver of Subrogation applies in favor of Augusta-Georgia its officers, agents, elected and appointed officials, representatives, volunteers, and employees, and the Aviation Commission its employees with respects to General Liability, Auto Liability and Workers Compensation as required by written contract or agreement and executed prior to loss and as permitted by law. Coll:4899588 Tpl:2056453 Cert:24390947 335 NOTICE OF CANCELLATION, NONRENEWAL OR MATERIAL CHANGE – CERTIFICATE HOLDERS This endorsement modifies insurance provided under the following: BUSINESS AUTO LIABILITY COVERAGE PART The certificate of insurance holders shown in the schedule below have requested that they receive written notice of cancellation, nonrenewal or material change with respect to this policy. If we decide to cancel, nonrenew or make a material change to this policy, we agree to mail or deliver sixty (60) days advance written notice to the certificate of insurance holders shown in the schedule below. However, if we are cancelling or nonrenewing due to nonpayment of premium, we will only provide the certificate of insurance holders shown in the schedule below with ten (10) days advance written notice. The notice of cancellation, nonrenewal or material change will be mailed to the addresses provided to us by the certificate of insurance issuer. Proof of mailing will be considered sufficient proof of our good faith attempt to provide notice of cancellation, nonrenewal or material change to the certificate of insurance holders shown in the schedule below. SCHEDULE All certificate of insurance holders where written notice of cancellation, nonrenewal or material change to this policy is required by written contract, permit or agreement with the Named Insured. Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions, agreements or limitations of the mentioned Policy, other than as above stated. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: Policy No.: AL16000011 Endorsement No.: 0 Policy Effective: 6/1/2016 Premium $ Insured: McCarthy-Bush Corporation Insurance Company: American Contractors Insurance Company Risk Retention Group Countersigned By WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 01 (Ed. 03-13) NOTICE OF CANCELLATION, NONRENEWAL OR MATERIAL CHANGE ENDORSEMENT In the event of cancellation, nonrenewal or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 60 days. However, in the case of cancellation or nonrenewal due to nonpayment of premium, only 10 days advance notice will be provided. 2. Notice will be mailed to: All certificate holders where written notice of cancellation, nonrenewal or material change to this policy is required by written contract, permit or agreement with the Named Insured. The notice will be mailed to the addresses provided to us by the certificate of insurance issuer. Proof of mailing will be considered sufficient proof of our good faith attempt to provide written notice. This endorsement is not applicable in the states of Arizona, Connecticut, New Jersey, North Carolina, Texas or Wisconsin. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: Policy No. WCA000011016 Endorsement No. Policy Effective Date: 6/1/2016 to 6/1/2017 Premium $ Insured McCarthy-Bush Corporation Carrier Name/Code: ACIG Insurance Company Countersigned by WC 99 06 01 (Ed. 03-13) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 01 (Ed. 03-13) NOTICE OF CANCELLATION, NONRENEWAL OR MATERIAL CHANGE ENDORSEMENT In the event of cancellation, nonrenewal or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 60 days. However, in the case of cancellation or nonrenewal due to nonpayment of premium, only 10 days advance notice will be provided. 2. Notice will be mailed to: All certificate holders where written notice of cancellation, nonrenewal or material change to this policy is required by written contract, permit or agreement with the Named Insured. The notice will be mailed to the addresses provided to us by the certificate of insurance issuer. Proof of mailing will be considered sufficient proof of our good faith attempt to provide written notice. This endorsement is not applicable in the states of Arizona, Connecticut, New Jersey, North Carolina, Texas or Wisconsin. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 06-01-2016 Policy No. WCA000017016 Endorsement No. Policy Effective Date: 06-01-2016 to 06-01-2017 Premium $ Insured McCarthy-Bush Corporation Carrier Name/Code: ACIG Insurance Company Countersigned by WC 99 06 01 (Ed. 03-13) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 01 (Ed. 03-13) NOTICE OF CANCELLATION, NONRENEWAL OR MATERIAL CHANGE ENDORSEMENT In the event of cancellation, nonrenewal or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 60 days. However, in the case of cancellation or nonrenewal due to nonpayment of premium, only 10 days advance notice will be provided. 2. Notice will be mailed to: All certificate holders where written notice of cancellation, nonrenewal or material change to this policy is required by written contract, permit or agreement with the Named Insured. The notice will be mailed to the addresses provided to us by the certificate of insurance issuer. Proof of mailing will be considered sufficient proof of our good faith attempt to provide written notice. This endorsement is not applicable in the states of Arizona, Connecticut, New Jersey, North Carolina, Texas or Wisconsin. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 06-01-2016 Policy No. WCA000017316 Endorsement No. Policy Effective Date: 06-01-2016 to 06-01-2017 Premium $ Insured McCarthy-Bush Corporation Carrier Name/Code: ACIG Insurance Company Countersigned by WC 99 06 01 (Ed. 03-13) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 01 (Ed. 03-13) NOTICE OF CANCELLATION, NONRENEWAL OR MATERIAL CHANGE ENDORSEMENT In the event of cancellation, nonrenewal or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 60 days. However, in the case of cancellation or nonrenewal due to nonpayment of premium, only 10 days advance notice will be provided. 2. Notice will be mailed to: All certificate holders where written notice of cancellation, nonrenewal or material change to this policy is required by written contract, permit or agreement with the Named Insured. The notice will be mailed to the addresses provided to us by the certificate of insurance issuer. Proof of mailing will be considered sufficient proof of our good faith attempt to provide written notice. This endorsement is not applicable in the states of Arizona, Connecticut, New Jersey, North Carolina, Texas or Wisconsin. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 06-01-2016 Policy No. WCA000007416 Endorsement No. Policy Effective Date: 06-01-2016 to 06-01-2017 Premium $ Insured McCarthy-Bush Corporation Carrier Name/Code: ACIG Insurance Company Countersigned by WC 99 06 01 (Ed. 03-13) 336 NOTICE OF CANCELLATION, NONRENEWAL OR MATERIAL CHANGE – CERTIFICATE HOLDERS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The certificate of insurance holders shown in the schedule below have requested that they receive written notice of cancellation, nonrenewal or material change with respect to this policy. If we decide to cancel, non-renew or make a material change to this policy, we agree to mail or deliver sixty (60) days advance written notice to the certificate of insurance holders shown in the schedule below. However, if we are cancelling or non-renewing due to nonpayment of premium, we will only provide the certificate of insurance holders shown in the schedule below with ten (10) days advance written notice. The notice of cancellation, nonrenewal or material change will be mailed to the addresses provided to us by the certificate of insurance issuer. Proof of mailing will be considered sufficient proof of our good faith attempt to provide notice of cancellation, nonrenewal or material change to the certificate of insurance holders shown in the schedule below. SCHEDULE All certificate of insurance holders where written notice of cancellation, nonrenewal or material change to this policy is required by written contract, permit or agreement with the Named Insured. Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions, agreements or limitations of the mentioned Policy, other than as above stated. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 06-01-2016 Policy No.: GL16A00033 Endorsement No.: 0 Policy Effective: 6/1/2016 Premium $ Insured: McCarthy-Bush Corporation Insurance Company: American Contractors Insurance Company Risk Retention Group Countersigned By 597 ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO LIABILITY COVERAGE PART SCHEDULE Name and Address of Additional Insured: City of Augusta, GA, the Aviation Commission, their officers, employees, agents, elected and appointed officials 530 Greene Street, Room 217 Augusta, GA 30901 Any entity required by contract (hereinafter called Additional Insured) to be named as an "insured" is an "insured" but only with respect to liability arising out of the ownership, maintenance or use of an "auto" in the operations incidental to the contract and to the extent set forth below: (1) The Limit of Insurance will not be greater than that required by such contract. (2) The coverage provided to the Additional Insured will not be greater than that customarily provided by the policy forms specified in and required by the contract. (3) All insuring agreements, exclusions and conditions of this policy will apply. (4) In no event shall the Coverage or Limit of Insurance in this Coverage Form be increased by such contract. This insurance is excess to any other insurance, whether primary, excess, contingent or on any other basis, available to the additional insured unless a written contract requires that this insurance be primary or primary and non-contributing. However, this insurance is always excess to other insurance, whether primary, excess, contingent or on any other basis, when the additional insured has been added to the other insurance as an additional insured. Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions, agreements or limitations of the mentioned Policy, other than as above stated. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: Policy No.: AL16000011 Endorsement No.: 0 Policy Effective: 6/1/2016 Premium $ Insured: McCarthy-Bush Corporation Insurance Company: American Contractors Insurance Company Risk Retention Group Countersigned By 130 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESS AUTO LIABILITY COVERAGE PART SCHEDULE Name of Person(s) or Organization(s): City of Augusta, GA, the Aviation Commission, their officers, employees, agents, elected and appointed officials 530 Greene Street, Room 217 Augusta, GA 30901 The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section III - BUSINESS AUTO CONDITIONS) is amended by the addition of the following: All rights of recovery against others are waived hereunder to the extent required by contract executed prior to “accident” or “loss” and with respect to such insurance provided by this policy. Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions, agreements or limitations of the mentioned Policy, other than as above stated. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: Policy No.: AL16000011 Endorsement No.: 0 Policy Effective: 6/1/2016 Premium $ Insured: McCarthy-Bush Corporation Insurance Company: American Contractors Insurance Company Risk Retention Group Countersigned By 853 ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Augusta, GA, the Aviation Commission, their officers, employees, agents, elected and appointed officials 530 Greene Street, Room 217 Augusta, GA 30901 Who Is An Insured (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. With respect to these additional insureds, this insurance does not apply to “bodily injury”, “property damage” or “personal and advertising injury” arising out of the rendering of or failure to render any professional services by any insured, including: (1) The preparing, approving or failure to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or (2) Supervisory, inspection or engineering services. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured. The insurance afforded herein only applies to the extent permitted by applicable state law, including statutes governing additional insured coverage in the construction industry. This insurance is excess to any other insurance, whether primary, excess, contingent or on any other basis, available to the additional insured unless a written contract requires that this insurance be primary or primary and non-contributing. However, this insurance is always excess to other insurance, whether primary, excess, contingent or on any other basis, when the additional insured has been added to the other insurance as an additional insured. Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions, agreements or limitations of the mentioned Policy, other than as above stated. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: Policy No.: GL16A00033 Endorsement No.: 0 Policy Effective: 6/1/2016 Premium $ Insured: McCarthy-Bush Corporation Insurance Company: American Contractors Insurance Company Risk Retention Group Countersigned By 132 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person(s) or Organization(s): City of Augusta, GA, the Aviation Commission, their officers, employees, agents, elected and appointed officials 530 Greene Street, Room 217 Augusta, GA 30901 Named Insured: McCarthy Improvement Company The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or “your work” done under a contract with that person or organization and included in the “products-completed operations hazard.” This waiver applies only to the person or organization shown in the Schedule above. Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions, agreements or limitations of the mentioned Policy, other than as above stated. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: Policy No.: GL16A00033 Endorsement No.: 0 Policy Effective: 6/1/2016 Premium $ Insured: McCarthy-Bush Corporation Insurance Company: American Contractors Insurance Company Risk Retention Group Countersigned By Invitation To Bid Sealed bids will be received at this office until Tuesday, July 26, 2016 @ 3:00 p.m. for furnishing: Bid Item #16-209 Reconstruct & Extend Taxiway A for Augusta Regional Airport 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 $225.00. 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, June 16, 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 Tuesday, July 12, 2016 @ 10:00 a.m. in the Procurement Department, 535 Telfair Street, Room 605. A Mandatory Site Visit will follow. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Wednesday, July 13 2016, @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. No bids may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. 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. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle June 16, 23, 30, July 7, 2016 Metro Courier June 22, 2016 Revised: 1/8/2015 OFFICIAL McCarthy Improvement 5401 Victoria Ave., Davenport, IA 52807 GLF Construction 528 NW 7th Avenue Miami, FL 33136 Yes YES 104193 454034 Yes YES Yes YES Yes YES 8,867,344.70 9,328,919.00 2,499,651.00 2,519,246.00 4,096,995.00 4,315,890.00 1,308,446.00 1,312,135.00 16,772,436.70 17,476,190.00 SAVE Form Addendums 1-2 Total Number Specifications Mailed Out: 21 Total Number Specifications Download (Demandstar): Total Electronic Notifications (Demandstar): Mandatory Pre-Bid Conference: 8 Total packages submitted: 2 Total Noncompliant: 2 Vendors Attachment B Bid Item #16-209 Reconstruct & Extend Taxiway A for Augusta, Georgia - Augusta Regional Airport Bid Due: Thursday, July 28, 2016 @ 3:00 p.m. E-Verify Number The following vendors did not respond: Reeves Construction / 1 Apac Indust Way / Augusta, GA 30907 Beams Contracting / 15030 Atomic Rd / Beech Island, SC 29842 Technique / 944 Astor Ave. / Forest Park, GA 30297 Griffin Contracting / 122 Pipemakers Cr / Unit 207 / Pooler, GA 31322 Base Bid Bid Alternate 1 Bid Alternate 3 Bid Alternate 2 Bid Bond Total Bid Page 1 of 1 878 South Lake Drive Lexington, South Carolina 29072 803-996-2900 meadhunt.com \\corp\sharedfolders\entp\0119700\131230.01\CORR\wpc\TW A Recommendation to Award.docx August 3, 2016 Mr. Herbert L. Judon, Jr. A.A.E., IAP Executive Director Augusta Regional Airport 1501 Aviation Way Augusta, Georgia 30906 Subject: Reconstruct and Extend Taxiway A Recommendation of Award Dear Mr. Judon: Mead and Hunt, Inc. has reviewed the response to the advertisement for bids (IFB #16-209) for the Reconstruct and Extend Taxiway A project. Bids were opened and read publically on July 28, 2016 at 3:00 pm, local time at the Augusta Procurement Department. Bids were received from McCarthy Improvement Company and GLF Construction Corporation. Based on our review, we recommend awarding the Base Bid, Alternative 1, Alternative 2, and Alternative 3 to the low bidder, McCarthy Improvement Company, in the amount of $16,772,436.70. The unit costs for each of the items and the overall project cost are in line with costs for similar projects in the region. After evaluating the costs for this work, we believe that it is an appropriate amount for the work involved. We also believe that awarding the Base Bid and all Bid Alternatives is in the best interests of the Airport and Augusta-Richmond County. Should you have any questions concerning this matter, please do not hesitate to contact us at your earliest convenience. Sincerely, MEAD & HUNT, INC. Christopher J. Birkmeyer Project Manager, Aviation Services cc: File Commission Meeting Agenda 11/15/2016 2:00 PM Greater Augusta Arts Council Memorandum of Understanding Department:Recreation and Parks Department:Recreation and Parks Caption:Motion to adopt a Memorandum of Understanding for Professional Services related to Public Art between the Greater Augusta Arts Council and Augusta, Georgia. (Approved by Public Services Committee November 8, 2016) Background:The Greater Augusta Arts Council was founded in 1968 by the Greater Augusta Chamber of Commerce, the Junior Women’s Club, and the Junior League of Augusta to serve as an umbrella organization for the arts in Augusta. In early 2012, the Greater Augusta Arts Council was named as the Public Arts Agency for the City of Augusta. To that effect, one of their goals is to establish a program of high quality public art in the local area. The Arts Council believes and the Recreation and Parks Department agrees that this idea of partnership between the City and the Arts Council will help to promote the city’s cultural image and enhance the everyday experience of citizens. Of course, accessibility to everyone regardless of socio-economic status is a top priority of this endeavor. The recently passed Recreation and Parks Master Plans listed as an Action Item to utilize the Public Art Policy as developed by the Greater Augusta Arts Council to create exciting, appealing, and harmonious public spaces by integrating art into architecture, urban design, and the planning of existing and future park infrastructure Analysis:The Recreation and Parks Department staff will work with the Arts Council to offer assistance in the implementation of the Public Arts Plan. The Recreation and Parks staff will serve in an ex-officio role on the Council’s panel for Public Art. Financial Impact: Alternatives:Cover Memo Recommendation:Adopt a Memorandum of Understanding between the Greater Augusta Arts Council and Augusta, Georgia effective January 1, 2017 for a one-year period with an automatic renewal for one (1) year for up to ten (10) years. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Augusta, Georgia Greater Augusta Arts Council Professional Service - Public Art Memorandum of Understanding THIS Memorandum of Understanding (“MOU”) is made and entered this _______ day of ______________ between the consolidated government of Augusta, Georgia, a political subdivision of the State of Georgia (hereinafter referred to as “Augusta”), acting by and through the Augusta, Georgia Commission, and the Greater Augusta Arts Council, (hereinafter referred to as the “Organization”). Whereas, the Augusta Commission at their May 1, 2012 meeting named the Organization as the Public Art Agency for the City of Augusta; and Whereas, the Organization will provide Public Art Advisement, recommendations and implementation in support of the Public Art Master Plan (Addendum A) and Public Art Operational Policy (Addendum B); and Whereas, the Organization will furnish through the Augusta Recreation and Parks Department an annual public art budget funded from SPLOST VII and other funding sources secured in partnership with Augusta, an annual implementation plan and quarterly reports of the Public Art projects and activities for each calendar quarter during the term of this agreement. Said reports are to be delivered to the Director of the Department and the Clerk of the Augusta Commission no later than thirty (30) days following each quarter to wit: on or before April 30, July 31, October 31, and January 31. The President or designee of the Organization will appear on request of the Recreation and Parks Department Director from time to time to present before the Augusta Commission matters and updates addressing Public Art; and Whereas, the Organization shall be the exclusive provider to the Recreation and Parks Department for Public Art advisement, recommendations, implementation and community collaboration; and Whereas, the term of this MOU shall be for a period of one (1) year commencing on January 1, 2017 and shall terminate at the close of the calendar year in which it was executed. However, this MOU shall automatically renew for one (1) year on January 1st of the following calendar year for up to ten (10) years unless action to terminate is taken by Augusta; and Whereas, if through any cause of unfulfillment by Organization or Augusta, either party shall have the right to terminate this MOU by giving a three (3) month written notice; and IN WITNESS WHEREOF, the parties have executed this MOU by and through their duly authorized officers at Augusta, Georgia, this ____ day of ___________, 2016. Augusta Georgia Commission: By: _______________________ Mayor Attest: By: _______________________ Clerk of Commission Organization: AGENCY By: _________________________ As its _________________ Attest: ___________________________ As its _________________________ Commission Meeting Agenda 11/15/2016 2:00 PM Greater Augusta Arts Council Public Art Policy Department:Recreation and Parks Department:Recreation and Parks Caption:Motion to approve the Greater Augusta Arts Council’s Public Art Policy dated 10-18-2016. (Approved by Public Services Committee November 8, 2016) Background:The Greater Augusta Arts Council was founded in 1968 by the Greater Augusta Chamber of Commerce, the Junior Women’s Club, and the Junior League of Augusta to serve as an umbrella organization for the arts in Augusta. In early 2012, the Greater Augusta Arts Council was named as the Public Arts Agency for the City of Augusta. To that effect, one of their goals is to establish a program of high quality public art in the local area. The Arts Council believes and the Recreation and Parks Department agrees that this idea of partnership between the City and the Arts Council will help to promote the city’s cultural image and enhance the everyday experience of citizens. Of course, accessibility to everyone regardless of socio-economic status is a top priority of this endeavor. The recently passed Recreation and Parks Master Plans listed as an Action Item to utilize the Public Art Policy as developed by the Greater Augusta Arts Council to create exciting, appealing, and harmonious public spaces by integrating art into architecture, urban design, and the planning of existing and future park infrastructure. Analysis:The Recreation and Parks Department staff and the Central Services staff will work with the Arts Council to offer assistance in the implementation of the Public Arts Plan. The Recreation and Parks staff will serve in an ex-officio role on the Council’s panel for Public Art. Financial Impact:Better management and utilization of future SPLOST funds related to Arts. Alternatives:Motion to approve.Cover Memo Recommendation:Adopt the Greater Arts Council’s Public Arts Policy of October 18, 2016. Funds are Available in the Following Accounts: NA REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo 1 PUBLIC ART POLICY The mission of the Greater Augusta Arts Council (GAAC) is to enrich the quality of life for citizens and visitors in Augusta and the Central Savannah River Area by advancing a vibrant cultural arts agenda. Art enhances Augusta’s identity as a community that values creative and diverse expressions. It builds our sense of civic pride and enriches the quality of our lives. Public Art fulfills these purposes in many ways; it improves our experience of public spaces through artistic design; it enhances and preserves our vistas, it can introduce whimsical elements into otherwise ordinary spaces and it engages us in our community’s activities, hopes and history. In recognition of the importance of integrating public art into the lives of residents of Augusta, the Greater Augusta Arts Council, as the public art agency of Augusta, supports a strong public art policy in Augusta, Georgia. To this end the Greater Augusta Arts Council provides the Augusta, Georgia public art policy with the following goals in mind: · To create exciting, appealing and harmonious public spaces by integrating art into architecture, urban design and the planning of infrastructure at the earliest design stage; · To enhance Augusta’s image locally, regionally and nationally by insuring the creation of the highest quality public art; · To foster the public’s understanding and enjoyment of public art; 2 · To encourage artists to work and live in Augusta and participate in public presentations of their art in Augusta, Georgia; and · To encourage federal, state, city and private support for Augusta’s public art program. · To facilitate the creation of a unique community identity in pursuit of transforming the area into a noted arts destination community. 1) PUBLIC ART COVERED BY THE POLICY: This policy applies to original works of art that are durable or temporary, and accessible to the public; reflect an awareness of the site, both physically and socially; and fit the historical and cultural values and sensibilities of the community. Public art governed by this policy includes all of the following works of art: a. Works of art owned or acquired by the consolidated government of Augusta, Georgia or GAAC b. Works of art donated or loaned to Augusta, Georgia or GAAC (whether provided by the artist, a private entity, or a foundation). c. Works of art that are displayed (or the owner seeks to display) at any public space in Richmond County, Georgia. Art, as defined by this policy, encompasses the broadest definition of visual art including (but not limited to) · sculpture, painting, drawing, photography, murals, glass or water features, landscaping, · uniquely designed or site specific paving, · furniture and parts of buildings, · sound and light works, · organic form, · works that are designed to be temporary in nature, · memorabilia or ceremonial objects related to civic activities. · temporary exhibits, exhibitions, and/or works of art located in public space, · works of arts produced through involvement of the community, · integration of art and architecture to enhance the design of urban/public spaces. · performance works made available and accessible to the general public. 3 Public space is defined as a space which is easily accessible and clearly visible for public view. This includes, but is not limited to, buildings, parks, streets, squares, promenades, public foyers and plazas. Works of art selected must comply with constitutionally acceptable principles. For example, GAAC in its advisory capacity will refuse to display work that is constitutionally unprotected, such as: libelous or defamatory work, child pornography, or obscenity (i.e. sexually explicit and “patently offensive” work that lacks artistic value). Let it be noted, nudity does not automatically suggest that the artwork is obscene in all public space. However, if it is portrayed in a public space likely to be seen by children, additional consideration will be taken with respect to such artwork of art. 2) POLICY ADMINISTRATION: The Greater Augusta Arts Council will have advisory and recommending oversight of all aspects of this policy, including, but not limited to: program implementation, planning, commissioning, acquiring, handling, conserving and maintaining of all public art (services) covered by this policy reporting and coordinating through the Recreation and Parks Department of Augusta, Georgia. The GAAC will establish a seven (7) person Panel to perform some or all of the aspects of this policy as well as to serve in an advisory capacity to the GAAC with respect to the administration of this policy. The members of the Panel will be appointed by and serve at the pleasure of the GAAC. The Panel will be chaired by the GAAC Vice President of Public Art. Members of the Panel may include: GAAC Executive Director, GAAC staff, GAAC board members; community artists, art professors and educators; local historians, public art administrators, architects, landscape architects, museum and exhibition curators, and art critics, a representative from the Augusta Convention and Visitor’s Bureau, a representative from the Augusta Chamber of Commerce, a representative from the Recreation and Parks Department, a representative from Central Services Department, a representative from Augusta Tomorrow or any other person deemed appropriate by the GAAC. In order to be a member of the Panel the individual must be a resident of Richmond County, Georgia. GAAC will meet routinely or as 4 called with the Public Art Advisory Panel to hear updates, discuss committee recommendations and to assist GAAC in finalizing recommendations and advisement regarding Public Art that will be made to the Recreation and Parks Department of Augusta, Georgia. All budgetary discretion and allocations required to implement this policy will be recommended from GAAC to the Recreation and Parks Department. Specific art project allocations may include: staffing, any project consultant fees, GAAC administrative costs, programming costs, and project implementation costs. Conflicts of Interest Any conduct that creates an appearance of impropriety or may otherwise impair a Panel member’s judgment is prohibited. Anyone in a position to receive financial gain from the selection of artist(s) will be ineligible to serve on the Panel. Panel members must declare any conflict of interest and recuse themselves if a conflict of interest arises. Additionally, GAAC will recognize Augusta Conflict of Interest Ordinance 7427. Specifically exhibits B, D and F are to be recognized. Panel Length of Appointment: Advisory Panel members will serve for a maximum of three (3) years per appointment. After this time, the GAAC may choose to reappoint the member or to appoint a new member in his/her place. However, no Panel member may serve more than two (2) consecutive three (3) year appointments. Panel Responsibilities: The Panel will serve as the selection committee for the Public Art to be displayed in the Greater Augusta area. In addition to ensuring that all public art complies with the requirements of this policy, the Panel should strive to select art that will enhance the culture of Augusta while maintaining the vision of the GAAC. The Panel will be responsible for conducting surveys of existing art exhibits to determine information including, but not limited to, artist, ownership, liability, maintenance, funding, etc. The Panel will also be responsible for maintaining a database of all current and 5 future Art. The Panel will be in charge of the Call for Artists, Proposal and Art reviews, and other such items/events. The Panel will work in partnership with the GAAC, Recreation and Parks Department and all appropriate Augusta, Georgia departments in the implementation of, planning, commissioning, acquisition, handling, conservation and maintenance of all public art work under the jurisdiction of these entities. 3) SITE SELECTION Sites for Public Art covered by this Policy are locations in Augusta which are identified as suitable for Public Art Projects and are physically and/or visually accessible to and by the public. Public art projects covered by this policy for which public money is utilized are to be located on public property owned by Augusta. Augusta, Georgia Initiated Projects GAAC working with the Augusta, Georgia Commission through the Recreation and Parks Department, will implement the Public Arts Master Plan (Plan), which will identify appropriate and significant sites for the location of public art. The GAAC and City have partnered and initiated a comprehensive community planning process in developing this Plan and shall ensure that any subsequent modifications or plan updates provides appropriate opportunities for public input into public art projects. The Plan should complement and supplement Augusta’s various other planning documents guiding the growth and development of Augusta, such as, but not limited to, the 2009 Master Plan for Augusta (Westobou Vision), the Augusta Sustainable Development Agenda (2010), Augusta Convention and Visitor Bureau 2016 Destination Plan, and Recreation and Parks Department Master Plan. The initial Plan shall be submitted to the Augusta, Georgia Commission through the Recreation and Parks Department for their review and approval. The Plan will be reviewed and updated every five (5) years and may also be revised at such other times as deemed necessary by the Commission, the Recreation and Parks Department, or GAAC. The GAAC, working with the Panel, will identify the highest priority projects described in the Plan and recommend those projects annually to the Recreation and Parks Department for implementation as funding 6 allows each budget year. As much as possible, these projects should correspond with new construction or renovation projects planned by the Augusta, Georgia Commission for that same budget year. Criteria will be developed by the GAAC to guide the placement of off-site and on-site projects in order to ensure a fair and equitable distribution of public art throughout Augusta, Georgia that enhances, anchors, and activates public spaces. These criteria will ensure artwork is displayed prominently on the building site, or if it is integrated into the architecture, ensures that the artwork is recognizable. Community Initiated Projects Any Augusta, Georgia resident, community group or neighborhood association may propose to GAAC a public art project for a site that may or may not be on the Public Art Master Plan. Additionally, any Augusta, Georgia resident, community group or neighborhood association may submit an existing work of art, located on private or public property, for inclusion in the Public Art inventory under the guidance of the GAAC and in full collaboration with the Recreation and Parks Department. Sites where public art is to be displayed should: 1) Experience high levels of pedestrian or motor traffic and be part of Augusta, Georgia’s paths of circulation; 2) Be easily visible and accessible to the public; 3) Serve to anchor and activate the site; 4) Enhance the overall public environment; 5) Enhance the streetscape experience for pedestrians; 6) Help to create a place of congregation and activity; 7) Establish landmarks and neighborhood gateways; and 8) Be dispersed throughout Augusta, Georgia. The following points should be considered in site selection: 7 1) Work displayed in interior public spaces will be accessible to the public at least during normal building operating hours without requiring the public to obtain special passes or permits to view the work; 2) Work displayed in exterior public spaces should be accessible to the maximum extent possible. If a work is to be located in a park or similar setting, it should be assessable during the normal operating hours of that site or facility; 3) Work should not block windows or entranceways or obstruct normal pedestrian circulation entering or exiting a building (unless it is specifically a part of the experience or design of the work); 4) Work should not be placed at site if the landscaping and maintenance requirements of that site cannot be met; 5) Work should be sited for immediate and/or maximum visibility; 6) Work should be sited where it is not overwhelmed by, or competing with, the scale of the site, adjacent architecture, large retail signage, billboards, etc; 7) Work should be placed at a site where it will enhance the surroundings; 8) Work should not create a blind spot where illegal activity can take place; 9) Work should be sited where it will create a place of congregation or in a location that experiences high levels of pedestrian traffic and activity and; 10) Work should be sited where it will be effective in enhancing and activating the pedestrian and streetscape experience. 11) The installation of public artwork should comply with any master plan developed for the intended site, including any neighborhood or park master plans. On-site locations for public art projects include, but are not limited to, the following: walls, ceilings, floors, windows, staircases, escalators, roof tops, and entrances and exits. Works of Public Art are to be located on-site grounds, or in a facility or other complex of buildings adjacent to such a project site. 4) ELIGIBLE PUBLIC ART PROJECTS 1. Public Art Projects may include: 8 · The commissioning of permanent or temporary works designed for specific public sites in Augusta; · The loan, purchase or donation of art works deemed appropriate for public sites; · Artists contracted to work as integral members of architectural, infrastructure, and urban design teams; and · Installations, artist-in-residence programs, and other short-term projects or planning activities that result in the creation of temporary or permanent public art. 5) COMMUNITY INVOLVEMENT Each public art project created through this policy shall include an outreach program created and lead by GAAC and encourage community involvement in the implementation of the project, as well as inform and educate citizens about the project. Involvement from citizens within the community is essential to the success of the program. Citizens may be asked to submit ideas for sites and/or upcoming projects as well as given the opportunity to sit on citizen selection panels. All citizens with an interest in improving their community are welcome. Results from such outreach activities will be shared with the Recreation and Parks Department. The involvement of the community in public art should: a) Engage people in meaningful communication over their communities’ needs and aspirations for the future; b) Involve community members in the process of creating Public Art by appropriate means; c) Develop local artistic skills and empower local communities to lead on projects; d) Support Public Art projects that celebrate cultural diversity and help to break down barriers between people of all ages and backgrounds. 6) ARTIST SELECTION: The policy encourages the commission of works by artists from the CSRA arts community. The encouragement of CSRA residents to participate is an integral part of the policy, and will contribute to the unique identity of Augusta, Georgia as an outstanding city in the state, region, 9 and nation. This policy does not preclude consideration given to regional, national and international artists when appropriate. The Panel will determine the method of soliciting artist qualifications (open competition, limited competition and specific commission or acquisition) and the method of selecting the artist (review of qualifications, interview, or competitive proposal) that best suits a particular project. The Panel and the selected artist will develop a plan for community engagement that best fits the needs of the project and the community. · Open call – Publicly advertised calls for entries; any artist may submit proposals and/or qualifications · Limited Competition – between invited parties · Specific Commission – This method would apply where limited or open competition would be impractical or inappropriate. The Panel will: · Review artist qualifications and proposals; · Make final recommendations to the GAAC regarding artist selection and concept design approval; · Advise and assist in community outreach; · Finalize the vision for each project; · Coordinate subsequent stages of project development and review, working through the conventional capital project management process as members of the overall project design and construction team. Selection of Artists will be based on the following items: · The artist’s vitae (name, education, professional experience, references, etc.) · A statement of interest about the project; · Visual support materials/examples of previous artwork; · Request for qualifications (RFQ) or requests for proposals (RFP), depending on the project; · The proposed maintenance and funding plan. 7) OWNERSHIP/COPYRIGHT: 10 The following documentation must be filed with GAAC and the Recreations and Parks Department at the completion of the public art project: · Biographical details of the artist(s); · Artist statement and specifications of the artwork; · Six good quality slides/digital images and four black and white prints showing the artwork in context and close-up; · Other related materials as needed to reveal the artwork and/or artist intentions (e.g. film, video clips, book works etc.); · A copy of the artist’s maintenance plan. The artist retains all rights under the Copyright Act of 1976 (17 USC Section 101) as the sole author of the work for the duration of the copyright. The duration of copyright in the United States is currently the life of the author plus seventy (70) years. Title to the artwork passes to the City of Augusta or commissioning agency/organization upon their written acceptance of and payment for the work; copyright belongs to and remains with the artist. Rights to Reproduce the Work The artist and client or commissioning agency must each agree to the right to reproduce the artwork in any and all forms. Typically, artists grant the client or commissioning agency/organization license to make two-dimensional reproductions of the work for non- commercial and educational purposes. The client or commissioning agency/organization in turns agrees to include a credit to the artist and a notice of copyright on all such reproductions. Additional Rights It is standard professional practice that agencies agree not to intentionally alter, modify, change, destroy, or damage the work of art without first obtaining permission from the artist. If the artist’s work is accidentally damaged, the artist has the right to request that the work not be attributed to the artist until such time as the work is fully restored. 8) FUNDING: 11 Funding options for implementation and support of Augusta, Georgia’s Public Art Master Plan will be defined within the 2016 Augusta Public Master Art Plan and will be updated with each five (5) year updating of the plan. Commission approval of the plan and associated funding (including any additional funding sources identified and agreed upon) will be a collaborative process including GAAC, Recreation and Parks Department, Commission and/or any private funding sources. 9) MAINTENANCE AND CONSERVATION: Artwork can be affected by exposure to light (natural and artificial), wind, air-borne dust, temperature and humidity changes, vibration, precipitation and other conditions. On occasion, an artwork may also suffer physical damage as a result of accident or vandalism. The Greater Augusta Arts Council is committed to the ongoing presence and integrity of public art and the sites for which public art is created, to preserving the vision of the artists who create public art and to assuring continued access to the artworks in Augusta, Georgia's collection by the public. Objectives: 1. To inspect the condition of city-owned public artwork on a regular basis; 2. To assure appropriate cleaning and provision of other appropriate routine maintenance to public artwork; 3. To insure timely conservation of public artwork; 4. To integrate longevity and maintenance considerations into artist's planning, and city approval processes for artwork; 5. To assure maintenance of artworks so that they continue to be safe and contribute to the vitality of communities; 6. To establish a treatment and maintenance program for public art with regular procedures, agreements and documentation; 12 7. To educate public employees about public art and its important role in public infrastructure and planning; 8. To leverage private and volunteer support for maintenance of public art, whenever possible. General Policies for Maintenance and Conservation Works of arts shall be efficiently maintained and preserved in the best possible condition as understood by the Greater Augusta Arts Council program and consistent with the artist's original intention. Allowance for the cost of ongoing maintenance of new works will need to be planned for and may need to be reviewed by a certified conservator for care and maintenance plan. Responsibility, Authority and Partners The Greater Augusta Arts Council shall advise and make recommendation to the Recreation and Parks Department regarding conservation of public art. The Public Art Advisory Panel shall oversee any condition assessment, treatment, maintenance, disposition and relocation of artwork, working in collaboration with the following partners: 1. Artists: Artists shall develop artwork with maintenance requirements that can be realistically maintained. Artist's specifications may be taken into account in maintaining artwork along with applicable conservation standards. Artists (if possible) shall be notified of all repairs and may be involved in conducting treatments and maintenance. 2. Experts: Arts professionals, professional arts conservators, and city staff familiar with art materials, fabrication methods, and the artistic intent shall inspect and evaluate artwork. Maintenance Planning and Documentation for Existing Works Artwork shall receive regular, thorough, condition examinations, which include the present locations and conditions of artwork, as well as cost estimates for treatment and maintenance. These thorough examinations shall occur annually, semi-annually, quarterly, or monthly depending upon the needs of individual works. They shall also occur when required by reports of damage. 13 A maintenance plan shall include detailed specifications for monthly maintenance, maintenance of plantings (if applicable), annual routine maintenance, other periodic maintenance and a long-term prognosis. Maintenance Planning and Documentation for New Works Artists shall be commissioned to develop sustainable artwork; that is artwork which can be realistically maintained by Augusta, Georgia as budgeted through or sustained through the Recreation and Parks Department and within the guidelines described in these policies and procedures. Artists shall work with the Greater Augusta Arts Council to implement preventative maintenance strategies as part of the construction and installation of artwork, as long as those strategies do not interfere with the approved artist's proposal or integrity of the artwork. All new artwork must have a treatment and maintenance plan that projects both staff time and funding needs. Condition assessments and maintenance plans for new works shall also include an estimated life span for each artwork. As part of their contractual requirements, commissioned artists shall consult with the Greater Augusta Arts Council on a maintenance plan for each new artwork. These maintenance plans shall include documentation of materials used to fabricate the artwork and a reasonable annual budget for maintenance. Maintenance plans for new works shall be reviewed and approved by the GAAC to ensure there are no major concerns with materials, safety or maintenance. Before design approval and prior to final receipt and completion, an art conservator, or other qualified individual shall review the proposed design for possible flaws in structural design and fabrication. Commission Meeting Agenda 11/15/2016 2:00 PM Section 5303 Planning Grant Application Department:Planning and Development Department:Planning and Development Caption:Motion to approve a Resolution authorizing the filing of an application for Fiscal Year 2018 Federal Transit Administration (FTA) Section 5303 Metropolitan Planning Grant. (Approved by Public Services & Finance Committees November 8, 2016) Background:Each year, the APDD is required to submit an application to the Georgia Department of Transportation Division of Intermodal, the state administrator of federal funds under Title 49 USC Federal Transit Administration Section 5303 Metropolitan Planning funds. This grant will fund metropolitan transportation planning activities, including public transit work tasks included in the FY 2018 Unified Planning Work Program. These funds are included in the 2017 budget request for the Planning and Development Department Analysis:Without approval of this item the Augusta Planning and Development Department cannot proceed with submitting the grant application to GDOT by the due date, November 30, 2015. Financial Impact:Local matching funds will be provided by the City of Augusta in an 80/10/10% split: 80% ($161,858) from the U.S. Department of Transportation – Federal Transit Administration, 10% ($20,322) from Georgia Department of Transportation, and 10% ($20,322) from the city. The amount of this grant is the same as in FY 2016. The local matching funds are included in the 2017 budget request for the Planning and Development Department. Alternatives:Approve the Resolution in support of the application and financial commitment of the 10% local matching funds. Recommendation:Approve the Resolution in support of the application and financial commitment of the 10% local matching funds.Cover Memo Funds are Available in the Following Accounts: Org. Key 220016309 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Planning and Development Department MelanieWilson, Director EXIIIBIT 3 AUTIIORIZING RESOLUTION (Page l of 2) Resolution authorizing the filing of an application with the Department of Transportation, United States of America, and Georgia Department of Transportation, for a grant under Title 49 U.S.C., Section 5303. WHEREAS, the Secretary of the US Department of Transportation and the Commissioner of the Georgia Department of Transportation are authorized to make grants for mass transportation projects; WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, including the provision by it of the local project costs; WHEREAS, it is required by the U.S. Department of Transportation in accord with the provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an application for assistance under Title 49 U.S.C. Section 5303 the Applicant gives an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and other pertinent directives and the U.S. Department of Transportation requirements there under; and WHEREAS, it is the goal of the Applicant that Minority Business Enterprise (Disadvantaged Business Enterprise and Women's Business Enterprise) be utilized to the fullest extent possible in connection with this project, and that definitive procedures shall be established and administered to ensure that minority business shall have the maximum feasible opportunity to compete for contracts and purchase orders when procuring construction contracts, supplies, equipment contracts, or consultant and other services. NOW, THEREFORE, BE IT RESOLVED by AUGUSTA GEORGIA l. That the Designated official , Mayor, hereinafter referredto as The Official is authorized to execute and file an application on beha-lf of Aueusta Plannins and Development Department with the Georgia Department of Transportation, to aid in the financing of a technical study grant to implement specific items of the FY 2018 Auzusta Reeional Transportation Study -UnifiedPlanning Work Program. 2. That the Official is authorized to execute and file with such application and assurance or any other document required by U.S. Department of Transportation and Georgia Department of Transportation effectuating the purposes of this grant. 535 Telfair Street, Suite 300,. Augusta, GA. 30901 7O6.E21.1796. Fax: 706.821.1806 ww\ry.augustaga.gov Planning and Development Department MelanieWilson, Director EXHIBIT 3 AUTHORIZING RESOLUTION (Page 2 of 2) 3. That the Official is authorized to furnish such additional information as the U.S. Department of Transportation and the Georgia Department of Transportation may require in connection with the application or the project. 4. Thatthe Official is authorizedto set forth and execute Minority Business Enterprise, DBE (Disadvantaged Business Enterprise) and WBE ( Women Business Enterprise) policies and procedures in connection with the project's procurement needs. 5. That the Official is authorized to execute a grant agreement on behalf of Auzusta Plannine and Development Department with the Georgia Department of Transportation to aid in the financing of a technical study grant to implement specific items of the Augusta Regional Transportation Study FY 2018 Unified Planning Work Program. Adopted this 15th day of November, 2016 Hardie Davis, Jr., Mayor ATTEST: Lena J. Bonner, Clerk of Commission Seal CERTIFICATE The undersigned duly qualified and acting Clerk of Commission of the Augusta, Georgia Commission certifies that the foregoing is a true and correct copy of a resolution, adopted at a legally convened meeting of the Augusta, Georgia Commission held on Tuesday November 15,2016. Lena J. Bonner Title of Recording Officer (Seal) Date Planning and Development Department MelanieWilson, Director EXHIBIT 4 SECTION 5303 BUDGET INFORMATION Technical Classifications UPWP Task # Activify Line Item (ALI)Description Estimated Proiect Cost I .l;1.2;1.3;2.1;3. 5 44.2t.00 Program Support & Administration $93,000.0( l.l;4.2;4.4 44.22.00 General Development & Comprehensive Plannins $ 12,250.0( \.1;3.2;3.4;3.6;4. >-;4.3;4.5;4.8;4.1C A 11.4 1?.4 ) 1n 44.23.01 Long Range Transportation Planning (System Level) $5,000.0( 44.23.02 Long Range Transportation Planning (Proiect Level) $0.0c 44.24.00 Short Ranee Transportation Plannins $0.0( 5.1 44.25.00 Transportation Improvement Program (TIP)$7,500.0( 1.3.5 44.26.12 Coordination of Non-Emergency Human Service Transoortation s5,000.0( 44.26.13 Participation of Transit Operators in Metropolitan & Statewide Plannins $0.0( t.2 44.26.14 Planning for Transit Systems Management/Operations to increase Ridershin $75,572.0( 44.26.15 Support Transit Capital Investment Decisions through Effective Systems Plannins $0.0( 44.26.16 Incorporating Safety & Security in Transportation P lannins $0.0( 3.4 44.27.00 Other Activities s4.000.0( Total Project Cost (100%)$202,322.0( Accounting Classifications Activity Line Item (ALI)Description Estimated Project Cost 41.20.01 Personnel $70.000.0c41.20.12 Fringe Benefits $0.0(41.20.03 Travel $2.000.0(4t.20.04 Equipment s0.0(41.20.05 Supplies $0.0(4t.20.06 Contractual $60.2s0.0(41.20.07 Other s1.000.0(4r.20.08 Indirect Charges s69.072.0(Total Project Cost (1007o)202,322.0( Fund Allocations Federal Share (80%)$ 161,858.0( Planning and Development Department MelanieWilson, Director MPO Share (10%\s20.232.0( State Share (10%\s20.232.0( Total Proiect Cost s202.322.01 Commission Meeting Agenda 11/15/2016 2:00 PM Therapeutic Massage Operators License Department:Planning & Development Department:Planning & Development Caption:Motion to approve a request by Amy JoAnn Pollock for a Therapeutic Massage Operators License to be used in connection with Hand Over Stress located at 601 Shartom Dr. District 7. Super District 10. (Approved by Public Services Committee November 8, 2016) Background:This is a New Location. Analysis:The applicant meets the requirements of the City of Augusta's Ordinance regulating Therapeutic Massage. Financial Impact:The applicant will pay a fee of $140.00. Alternatives: Recommendation:The Planning & Development Department recommend approval. The R.C.S.O. recommend approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 11/15/2016 2:00 PM 2016- Storm Water Pickup Trucks Department:Central Services - Fleet Management Department:Central Services - Fleet Management Caption:Motion to approve the purchase of 9 F-150 4X4 Trucks for Engineering-Storm Water Division, supporting Maintenance Coordinators, using Storm Water Capital, fund 581. Bid Item 16- 235 (Approved by Administrative Services Committee November 8, 2016) Background:The Augusta Engineering Department has organized the Storm Water Division. An essential part of this Division will be 9 Maintenance Coordinators with each responsible for a “basin” which is a specific area of responsibility. Each coordinator will be managing/overseeing any contractor work or employee work in their respective basin. Engineering Department indicates that their travel requirements will be off the right of way a large part of the time and is requesting they be in 4x4 trucks to facilitate their work. Analysis:The Procurement Department published competitive bids using the Demand Star application for the 2017 4x4 trucks with 6,000 GVW (F-150, GMC 1500, Chevrolet 1500, Dodge 1500 or equivalent). The results are as follows: Bid 16-235: (1) Allan Vigil Ford = $29,166.00 each; (2) Fairway Ford = $28,693.00 each; (3) Langsdale Chevrolet = $30,431.00 each; (5) Master Buick GMC = $36,648.00 each. Financial Impact:The trucks will be purchased through the use of 2016 Storm Water Capital Outlay funds (581-04-4320/54.22210). The total cost of the 9 new trucks is $258,237.00. Alternatives:(1) Approve the request; (2) Do not approve the request. (3) Approve the request in part. Recommendation: Approve the request to purchase 9 pickup trucks for the Storm Cover Memo Water program at a cost of $258,237. Funds are Available in the Following Accounts: Storm Water Capital Outlay funds. REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo YEAR MAKE MODEL DELIVERY 5.0L 2017 6,000 GVW PICKUP TRUCK Allan Vigil Morrow, GA Fairway Ford Columbia County Langsdale Chevrolet Master Buick, GMC Bid 16-235 Ford F-150 90 days 2017 Ford F-150 90-120 days 2017 Chevrolet 1500 60-70 days 2017 GMC Sierra 90 days 2017 Skid Plate Package 150.00$ 148.00$ 105.00$ 295.00$ 6,000 GVW 4X4 EC 24,891.00$ 25,094.00$ 26,538.00$ 32,518.00$ Running Boards 231.00$ 534.00$ 780.00$ 235.00$ Trailer Tow Package 1,235.00$ 1,077.00$ 640.00$ 700.00$ 400.00$ 548.00$ 380.00$ 375.00$ Electric Windows & door locks Bed Liner 355.00$ 375.00$ 453.00$ 575.00$ Fire Extinguisher 65.00$ 50.00$ 82.00$ N/A Class VI Trailer Hitch 505.00$ 144.00$ 405.00$ 380.00$ Toolbox 450.00$ 259.00$ 467.00$ 500.00$ Window Tint 150.00$ 150.00$ 200.00$ 200.00$ 2" Trailer Ball incl incl 51.00$ 150.00$ LED service light 555.00$ 542.00$ 504.00$ N/A Back up alarm 115.00$ 75.00$ 71.00$ 175.00$ TOTAL 29,166.00$ 28,693.00$ 30,431.00$ 36,648.00$ Invitation to Bid Sealed bids will be received at this office until Friday, September 23, 2016 @ 11:00 a.m. for furnishing: Bid Item #16-235 6,000 GVW Series Pickup Truck – Augusta Central Services Department – Fleet Management Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, September 9, 2016 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. No bids may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference an eligible bidder must submit a completed and signed written application to become a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project. An eligible bidder who fails to submit an application for approval as a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project, and who otherwise meets the requirements for approval as a local bidder, will not be qualified for a bid preference on such eligible local project. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle August 18, 25, September 1, 8, 2016 Metro Courier August 24, 2016 OFFICIAL Vendors ALLAN VIGIL FORD 6790 MT. ZION BLVD MORROW, GA 30260 FAIRWAY FORD OF AUGUSTA 4333 WASHINGTON RD EVANS, GA 30809 LANGDALE CHEVOLET P. O. BOX 770 SYLVESTER, GA 31791 MASTER BUICK GMC 3710 WASHINGTON RD AUGUSTA, GA 30907 Attachment B Yes YES Yes Yes E-Verify Number 94460 689687 523776 KROS8437/ 665555 SAVE Form Yes YES Yes Yes 5.01 Fullsize Truck, Rg Cab 2 wheel drive $19,566.00 $19,770.00 $19,705.00 $25,100.00 5.02 Fullsize Truck, Rg Cab 4 wheel drive $20,898.00 $22,470.00 $22,626.00 $28,776.00 5.03 Fullsize Truck, Ext Cab 2 wheel drive $20,698.00 $20,839.00 $22,328.00 $27,784.00 5.04 Fullsize Truck, Ext Cab 4 wheel drive $23,584.00 $23,862.00 $25,486.00 $31,466.00 5.05 Fullsize Truck, Ext Cab 2 wheel drive, 8 cyl $21,884.00 $22,070.00 $23,380.00 $28,836.00 5.06 Fullsize Truck, Ext Cab 4 wheels door, 8 cyl $24,891.00 $25,094.00 $26,538.00 $32,518.00 5.07 Fullsize Truck, Crew Cab 2 wheel drive $23,997.00 $25,038.00 CC15743/ No Bid $33,228.00 5.08 Fullsize Truck, Crew Cab 4 wheel drive $27,094.00 $27,335.00 $29,078.00 $36,142.00 5.09 Speed control/tilt steering $215.00 $207.00 Standard n/a 5.10 Skid Plate package (4x4)$150.00 $148.00 $106.00 $295.00 Bid #16-235 6,000 GVW Series Pickup Truck for Augusta, Georgia - Central Services Department- Fleet Management Division Bid Opening Date: Friday, September 23, 2016 @ 11:00 a.m. Total Number Specifications Mailed Out: 20 Total Number Specifications Download (Demandstar): 1 Total Electronic Notifications (Demandstar): 95 Mandatory Pre-Bid/Telephone Conference: NOT APPLICABLE Total packages submitted: 4 Total Noncompliant: 0 5.00 Vehicle and Options Required Page 1 of 3 OFFICIAL Vendors ALLAN VIGIL FORD 6790 MT. ZION BLVD MORROW, GA 30260 FAIRWAY FORD OF AUGUSTA 4333 WASHINGTON RD EVANS, GA 30809 LANGDALE CHEVOLET P. O. BOX 770 SYLVESTER, GA 31791 MASTER BUICK GMC 3710 WASHINGTON RD AUGUSTA, GA 30907 Bid #16-235 6,000 GVW Series Pickup Truck for Augusta, Georgia - Central Services Department- Fleet Management Division Bid Opening Date: Friday, September 23, 2016 @ 11:00 a.m. Total Number Specifications Mailed Out: 20 Total Number Specifications Download (Demandstar): 1 Total Electronic Notifications (Demandstar): 95 Mandatory Pre-Bid/Telephone Conference: NOT APPLICABLE Total packages submitted: 4 Total Noncompliant: 0 5.11 Minimum 8 Foot Bed $300.00/ $950.00 $265.00 $614.00 $300.00 5.12 Black platform Run Bd $235.00 $231.00 $534.00 $780.00 5.13 Elec Windows & Door Locks $1,235.00 $893.00/ $1077.00 $640.00 $700.00 5.14 Trailer Tow package $460.00 $548.00 $380.00 $375.00 5.15 CNG Package $290.00 $1,758.00 n/a n/a 5.16 Heavy duty payload package $1,400.00 $3,304.00 Standard n/a 5.17 XL Chrome appearance package $300.00 $713.00 $220.00 $510.00 5.18 XL power equipment package $1,235.00 $893.00/ $1077.00 n/a n/a 5.19 XL sport appearance package $300.00 n/a n/a n/a 6.01 Fire Extinguisher $65.00 $50.00 $82.00 n/a 6.02 Outlet receptacle $70.00 $60.00 $189.00 n/a 6.03 Bedliner $355.00 $375.00 $453.00/ $529.00 $575.00 6.04 Toolbox $450.00 $259.00 $467.00 $500.00 6.05 Trailer hitch $505.00 $144.00 $405.00 $380.00 6.06 Trailer wiring included included $51.00 $150.00 6.07 Trailer Ball $40.00 $12.00 $30.00 $50.00 6.08 Window tint, reg cab $125.00 $125.00 $158.00 $150.00 6.00 Outfitter's Specialty Items Page 2 of 3 OFFICIAL Vendors ALLAN VIGIL FORD 6790 MT. ZION BLVD MORROW, GA 30260 FAIRWAY FORD OF AUGUSTA 4333 WASHINGTON RD EVANS, GA 30809 LANGDALE CHEVOLET P. O. BOX 770 SYLVESTER, GA 31791 MASTER BUICK GMC 3710 WASHINGTON RD AUGUSTA, GA 30907 Bid #16-235 6,000 GVW Series Pickup Truck for Augusta, Georgia - Central Services Department- Fleet Management Division Bid Opening Date: Friday, September 23, 2016 @ 11:00 a.m. Total Number Specifications Mailed Out: 20 Total Number Specifications Download (Demandstar): 1 Total Electronic Notifications (Demandstar): 95 Mandatory Pre-Bid/Telephone Conference: NOT APPLICABLE Total packages submitted: 4 Total Noncompliant: 0 6.09 Window tint, ext cab $150.00 $150.00 $200.00 $200.00 6.10 Window tint, crew cab $160.00 $175.00 $220.00 $200.00 6.11 Add on step-driver and passenger side drs $250.00 $159.00 $246.00 no bid 7.01 Backup alarm $115.00 $75.00 $71.00 $175.00 7.02 LED topmount light $555.00 $542.00 $504.00 n/a Year 2017 2017 2017 2017 Make Ford Ford Chevrolet GMC Model F150 F150 Silverado Sierra Approximate Delivery Date 10-12 weeks 90-120 days 60-70 days 8-12 weeks The following vendor did not respond: GERALD JONES FORD / 3480 WRIGHTSBORO RD / AUGUSTA, GA 30919 7.00 Alert Warning Systems 2017 6,000 GVW PICKUP TRUCK: Page 3 of 3 Commission Meeting Agenda 11/15/2016 2:00 PM Rules of Procedures Subcommittee Department:Rules Subcommittee Department:Rules Subcommittee Caption:Motion to approve proposed changes to the Augusta Commission's Rules of Procedures as recommended from the Rules Subcommittee. (Approved by Administrative Services Committee November 8, 2016) Background:The Commission Rules Subcommittee was appointed to review the Rules of Procedure and make recommendations for improvement. Analysis:See attached Financial Impact:None Alternatives: Recommendation:Approve Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 11/15/2016 2:00 PM Addendum to Juvenile Justice Incentive Grant MOU Agreement with Community Solutions, Inc. Department:Clerk of Commission Department:Clerk of Commission Caption:Motion to approve an addendum to Juvenile Justice Incentive Grant MOU Agreement with Community Solutions, Inc. Grant #Y17-8-002.(Approved by Public Safety Committee November 8, 2016) Background:See attached information. Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo DATE: TO: COMMITTEE: SUBJECT: AUGUSTA.RICHMOND COUNTY COMMISSION AGENDA REQUEST AND MEMORANDUM October 31,2016 The Honorable Hardie Davis, Jr., Mayor Members of the Commission Janice Jackson, City AdministratorTHROUGH: FROM:Judge Douglas Flanagan - Juvenile Court Public Safety Addendum to Juvenile Justice Incentive Grant MOU Agreement with Community Solutions, Inc.(CS!. Grant # Y 17 -8-002. {<**X****{<*.**.{<{<*******.{<**!f *.***X*{.**{<*****{<*{<****4.{<**(*:f {<r<**(X*<t *XrF**********{.{<**XX SUMMARY: Richmond County approved the Criminal Justice Coordinating Council (CJCC) Juvenile Justice Grant Award of $298,000.00 on July 19, 2016. It included the MOU agreement with CSI, Inc. for $262,000.00 and independent contract agreement in the amount of $28,800.00 for the grant director/coordinator. Since that time we have been informed CJCC can only pay for services that were actually provided and there was a clause in the original MOU stating CSI would be reimbursed for a minimum of 8.5 juveniles at any one time. Therefore, we are requesting this addendum to the original MOU deleting this clause and increasing the per diem from $84 per dayto $87 to help CSI meet their budget requirements. This increase will not affect the total amount of the grant and these funds are reimbursed at l00o/o to Richmond County. BACKGROUND: The Richmond County Juvenile Court has received fundingthrough the Criminal Justice Coordinating Council (CJCC) Juvenile Incentive Grant since 2013 to provide Multisystemic Therapy (MST) to targeted juvenile offenders in Richmond County by Community Solutions, Inc.(CSI). The MST program is currently providing intensive therapy to high-risk offenders and their families in lieu of short term incarceration (30 days) or Commitment to DJJ (up to 5 years). The MST Program is ordered by the Court instead of incarceration. MST is designed to provide intensive counseling and therapy in the juvenile's home primarily working with the family to make positive changes within the home through evidenced based practices. This past year CSI has served thirty-five juveniles through the program. These thirty-five juveniles referred to the MST program could have received 30 days of short term detention and some up to 5 years for serious felonies. Richmond County had twenty-one juveniles who successfully completed the program for a success rate of 81% . Since the program began in 2013 the reduction in detentions and commitments has exceeded the goals by over 70o/o eachyear. ANALYSIS: The Court has continued to experience increasing referrals from the Richmond County Sheriff s Department and Board of Education Public Safety Officer's concerning serious felony and high and aggravated misdemeanor offenses. Many of these youth come from high risk low socioeconomic environments where the parents have little or no parenting skills to control serious delinquent juvenile behaviors. Statistics show that incarceration does not rehabilitate these young offenders. However, if the parents and youth can learn and implement evidenced based intervention at an early age,many of the continued delinquent behaviors could be avoided. FINANCIAL IMPACT: The addendum to the existing MOU with CSI will not affect the overall amount ofthe grant. This will allow the funding to meet all the requirements of the CJCC state requirements. By increasing the per diem to $87 per day, CSI will be able to meet their financial obligations for the current three full-time staff and support staff in their office. They understand, as happened this past year, once the total agreed upon funds are exhausted they will continue to fulfill their obligations to complete the grant year with no additional paynents. The first quarter reimbursement will be adjusted to reflect the additional per diem, subject to the adjustment of the July overage($5250) submitted prior to being informed of the restrictions by CJCC. CJCC is aware of this adjustment and will work with CSI to adjust the reimbursement. There are no matchinq funds required from the Countv. According to statistics from the Department of Juvenile Justice the cost to incarcerate a juvenile for one year is $90,000.00 to $ 100,000.00. The savings to Georgia/Richmond County taxpayers for the youth directed to the MST program instead of incarceration is significant. ALTERNATIVES: lncarceration or county funded programs in lieu of incarceration. RECOMMENDATION: The Court respectfully requests the Augusta/Richmond County Commission and the Mayor approve the addendum to the MOU submitted by Community Solutions, Inc. (CSD. CJCC will not reimburse Richmond County without the addendum to the MOU. REQUESTED AGENDA DATE: Tuesday, November 8, 2016 Richmond County Juvenile Court Memorandum of Understanding Re: 2017 Juvenile Justice Incentive Grant Addendum The purpose of this Addendum is to increase the per diem rate to $87 per day per youth, and remove the language of minimum billing. All the other terms of this Service Contract remain intact as originally written. This Memorandum of Understanding outlines the agreement between the Richmond County Juvenile Court (hereinafter referred to as the "Court") and Community Solutions, Inc. (hereinafter referred to as "CSI"). Background on 2017 Juvenile Justice Incentive Grant The purpose of this grant opportunity is to continue to provide funding for local programs designed to serve youth in the community who would otherwise be committed to Georgia's Department of Juvenile Justice (DJJ) or sentenced to the Short Term Program (STP). Core Principles The partners will adhere to the state and nationally recognized principles and evidence-based practices. Staffine The partners agree to provide staff appropriate to support the specialty courts to attend team meetings, court sessions, training and other related events. The partners further agree to mutually support each other's efforts to maintain or achieve the appropriate level of staffing needed to support the program. Fundins For CSI services to be rendered under this contract, CSI shall be paid a total contract amount notto exceed $262,000 fortheperiodof July 1,2016 to June 30,2017. The contract amount under this Agreement will be paid on a per diem per youth basis ($87 per day, billing begins once intake takes place between family and MST therapist\supervisor). The Contractor will send the invoices to County no later than the 10th day of each month for the previous month services. In-Kind The Court will provide CSI office space with office fumiture, office phone, internet access, basic office supplies, and access to a copier and printer. Parkins CSI and its employees will not have access to the designated parking lot assigned for the building which houses the Court. Polices of Juvenile Court and Augusta-Richmond Countv CSI and its employees shall adhere to the general rules, regulations and policies of Juvenile Court, Augusta-Richmond County while on-site. Education. Outreach and Performance Measurement The partners agree to promote a better understanding through community support of the program and the impact such programs have on public safety by reducing recidivism and promoting the family while decreasing drug use and the negative effects of mental illness. The partners further agree to share data and information necessary to document the performance and outcomes of the program. Role of Richmond Countv Juvenile Court The Court will be responsible for all aspects of grant management and financial and performance reporting. In addition, the court will seek to provide at least a part-time Program Coordinator during the grant period. During this period, the Program Coordinator will report to the presiding judge. Role of the Vendor Community Solutions Inc. (CSf will provide Multisystemic Therapy (MST) to 30 youth and families, residing in Richmond County, annually. MST is a family-based treatment model for juvenile offenders designed to improve the psychosocial functioning of youth and their families and to reduce delinquent behavior. The foundation of MST is that the family will learn new skills early in treatment that they will be able to use and sustain throughout the rest of treatment and thereafter, thus eliminating the need for future services. Evaluations of MST have demonstrated significant and sustained reductions in delinquency and in the length of stay in out of home placements. The MST program delivers a home-based service to address the major risk and need factors that predict further involvement within juvenile justice systems. The ultimate goal of MST is to empower families to build an environment that promotes a healthy positive change. The key to this empowefinent plan is building a relationship with the family. CSI Therapists will deliver services in the homes. MST services are typically delivered in home and community settings to increase cooperation and enhance generalization, the ability to continue skills learned without the support and oversight of the therapist. Therapists will carry caseloads of 4-6 clients with service duration of 4-6 months. To make ecological changes, MST staff will be available 24 hours per day, 7 days per week, using a on-call schedule of week-ends and holidays. CSI will track program data and provide regular reports to Richmond County Juvenile Court. CSI will provide annual criminal background checks on direct staff to Juvenile Court. Modification or Termination of MOU This MOU will rernain in effect until one of the parties notifies the other of its intent to modif,, or terminate the agreement. Each party will provide 30 days' notice of its intent to modifu or terminate the agreement. Should the modification or termination of the agreement take place while individuals are still being served under the term of this agreement, both parties agree to work together to find alternative services for these individuals. Signed this day of 2016. Augusta, Richmond County By: As: Community Solutions, Inc. By: As: SNAPSHOT fictmsnO\a, Georgia uses the PDRA to determine the oiminogenic risk ofjustice-involved youth. Theso evidence-based programs are intended to serve youth scoring high or medium risk. These are the scores dpntr served in Year 3. 051 Combined STP Admissions and Felony Gommitments O fv 2012 Basetine O eno ofYearTotat eoigh Junflle Juttlce rullorm lrtrlorc I eoao" q{drent @de (oc.eA. t5-11-1} Working togcther'to preserrre and strcngthen reladonslips in order to allow each child to live in safety and secrrrity," AUGUSTA.RICHMOND End of Year Report July 2015 to June 2016 Georgia Juvenile Justice lncentive Grant 35 youth from Richmond County were enrdled into an evidence-based progmm funded by the iuvenile Justice tncentive Grant. Program lmplemented Multisy.stemic Therapy (.MST) is an intensive family- and community- based therapy intervention that addresses the environmental factois that affect chronic and/or violent youth offenders. Program Outcomes 26 exits were reported in Year 3 ! Successtul Completion(81olo)! Dismissal/Remoral(4%)! Administrative Discharge(15%) Pre-Disposltlon Risk Assessment (PDRA) E One goal of the grant is to reduce the number of juveniles placed in out-of-home facilities. Out-of-home placements werecornputed as the total unique instances of STP admissions and felony commitments to the Department of Juvenile Justice. The graphs below shovv demographic infurmation for all 35 program participants Gender Race Educational Status 31o/o 260/o I 510 Number of Porticiponts ln school (public/privote) <-: Homeschooled ! ln school (ohernolive)Compleled school I Olher instructionol progrom I Nol in school Grade Level 60/o 3o/o 15 11th 12th N/A Carl Vinson Institute of Government UNIVERSITY OF GEORGIA 17o/o 0 I 1CIh 37o/o 8th grh Grode e10 UEoo- o-oq fiz 15 6Vo O Block/Africon Americon O Other j Hisponic * 2 or more roces O Whire 3o/o ,99<6th 6th 9elel ,NllllrEq" Commission Meeting Agenda 11/15/2016 2:00 PM Harris Software Update for Planning & Development Department:Information Technology Department:Information Technology Caption:Motion to approve Agreement with Harris Computer to Update Configuration and Capability of Existing System. (Approved by Public Safety Committee November 8, 2016) Background:The Augusta Licensing & Inspections Department (now part of Planning & Development) implemented CityView software from Municipal Software Corporation beginning in 2007. CityView manages Business Licenses, Building Permits, and Code Enforcement functions for Planning & Development. In the years since the software has been implement, a number of changes have taken place in Augusta and at Municipal. Augusta reorganized the structure of the government, and Licensing & Inspections was placed underneath a new Planning & Development Department. Municipal Software was purchased by Harris Computer Corporation, Inc. (“Harris”) and maintenance and support of the software product transitioned to the new company. The structure and configuration of the software has changed as well. One of the reasons that Augusta purchased the software in the early 2000’s was that it was capable of being configured in order to match our business processes. Over the years since Augusta purchased CityView there have been numerous enhancements and technology changes to the software. In addition, Augusta has implemented additional features to the software (such as online permitting). Augusta’s original configuration predates most of these changes, which means that we cannot implement all the potential updates unless changes are made to bring our configuration in line with the most current ones. Analysis:Harris has proposed to modernize our workflow configuration in order to meet the following objectives: - Streamline our workflows to bring them in line with today’s best practices used by Harris customers so that desired processes such as a one-day turnaround for online business applications can be achieved. - Build a solid foundation to add additional online services at a later Cover Memo date, including the ability to automate the electronic plan review process, which this project will help facilitate. Collectively, the above challenges place a burden on staff, making it difficult to provide the exceptional levels of service given to customers, and tough to keep pace with growing demands. This project will help Augusta overcome these challenges by reconfiguring Business Licensing, Permits & Inspections and Code Enforcement. The overriding goals of the project are as follows: - Allow for uploading documents online through CityView Portal to facilitate the application process so that one-day turnaround for online business applications can be achieved. - Increase checks and balances to improve accuracy and consistency of application processing to ensure quality. - Bring the current workflow environment in line with today’s best practices by standardizing business processes, to save time, improve service and facilitate easier training of new employees. - Ensure future product enhancements can be enjoyed by end-users to improve productivity and service delivery. Financial Impact:The estimated cost of this project is $100,000 (project cost plus contingency for additional travel or customizations) Alternatives:N/A Recommendation:Approve Agreement with Harris Computer to Update Configuration and Capability of Existing System Funds are Available in the Following Accounts: 272015410.5424220 $100,000 REVIEWED AND APPROVED BY: Procurement. Information Technology. Finance. Law. Administrator. Clerk of Commission Cover Memo SOFTWARE LICENSE AND SUPPORT AGREEMENT This Software License and Support Agreement between CityView, an unincorporated division of N. Harris Computer Corporation (“CityView”), and the City of Augusta, GA _ (“Licensee”) is effective as of (the “Effective Date”). Whereas CityView and Licensee entered into a Contractual Services Agreement dated for the provision of certain professional services [in preparation of the license of certain CityView software to Licensee] (the “Contractual Services Agreement”); Whereas CityView proposes to license its software application to Licensee on the terms and conditions set out in this Agreement; Whereas CityView desires to provide the Licensee with support and maintenance services related to its software application; Whereas the Licensee has received the proper approvals such that it will license the software application; Now therefore, the two parties agree to the following: 1. DEFINITIONS Throughout this Agreement, except as otherwise expressly provided, the following words and expressions shall have the following meanings, and to the extent that any capitalized words are not defined in this Agreement but in either the Support and Maintenance Agreement or in the Contractual Services Agreement, then those words shall have the meaning ascribed to them in those respective agreements with priority being assigned to the Contractual Services Agreement and then to the Standard Support Service Level Agreement. a. “Add-on” means an individual component of the software that provides a specific functionality. b. “Agreement” means this Software License Agreement, including all of its Schedules and all instruments supplementing, amending or confirming this Agreement. c. “Application Builder” is a specific module that permits Licensee to have access to development tools within the Software. d. “Core Software” means that portion of the Software that provides the base functionality which, when installed and implemented, will always be in operation when the Software is in operation on the Designated Computer System. e. “Designated Computer System” shall mean the Licensee’s platform and operating system environment which is operating the Software. f. “Documentation” shall mean user guides, operating manuals, technical manuals, supporting materials, and other information relating to the use of the Software, whether distributed in print, magnetic, electronic, or video format. g. “Event of Default” shall have the meaning ascribed to it in section 7. h. “Maximum Concurrent Users” shall have the meaning ascribed to it in section 3. i. “Module” means a particular application component of the Software that provides general functionality. j. “Software” shall mean the licensed CityView application software consisting of the Core Software, the Application Builder, the Modules and the Add-ons, including any updates provided subsequent to this Agreement, and including all copies made by whomsoever produced. k. “Source Code” of the Software means the Software written in programming languages, including all comments and procedural code, such as job control language statements, in a form intelligible to trained programmers and capable of being translated into object code for operation on computer equipment through assembly or compiling, and accompanied by documentation, including flow charts, schematics, statements of principles of operations, and architecture standards, describing the data flows, data structures, and control logic of the Software in sufficient detail to enable a trained programmer through study of such documentation to maintain and/or modify the Software without undue experimentation. l. “User” means an agent of Licensee who has been provided with permission by CityView to be a User or an employee of Licensee while that agent or employee is engaged in using the Software. m. “Desktop Configuration Tools” are a set of tools used for the process of defining the values of parameters for the Software. This includes but is not limited to Lookup table values, Fees, Letter templates, Activity-based workflows, custom data fields and business rules definable in the Software rules engine. 2. SCHEDULES The Schedules described below and appended to this Agreement shall be deemed to be integral parts of this Agreement. Schedule “A” - Description of Software, Software & Maintenance Fees, Payment Milestones and Deliverables Schedule “B” - Optional Escrow Services Languages Schedule “C”- Application Builder Correct Usage Protocol Schedule “D” - CityView Standard Support Service Level Agreement 3. LICENSE Subject to the terms and conditions of this Agreement, CityView hereby grants the Licensee a non-transferable, non-exclusive and limited license to: a. Use the Software on Licensee’s Designated Computer System for its own internal business purposes or operations with access to third parties as reasonably necessary for the intended use and otherwise in accordance with the Documentation. The Software is in "use" on a computer when it is loaded into temporary memory (i.e., RAM) of that computer; b. Copy the Documentation and copy the Software into any machine readable form for back-up, archival or training purposes in support of the Licensee's use of the Software on the Designated Computer System PROVIDED THAT: i. the Licensee shall maintain a record of the number and location of copies made and to erase all such copies promptly when no longer in use or necessary; ii. the copies, together with the original, shall remain the property of CityView; and iii. the Licensee has not removed or obscured any copyright, trademark or other proprietary notices from the Documentation, Software and related materials supplied by CityView; and c. Customize the Software using the Application Builder and such customizations using the Application Builder are not subject to the restrictions detailed in Section 4. The Software and related materials supplied by CityView are protected by copyright and trademark laws. Title, ownership rights and intellectual property rights in the Software and related materials supplied by CityView remain with CityView and any rights not expressly granted are reserved. Use of the Software and related materials supplied by CityView is subject to the applicable copyright laws and the express rights and restrictions of this Agreement. The Software that is delivered to the Licensee includes all of the Modules, the Core Software, the Application Builder and the Add-ons. The Licensee’s use of these components is subject to the restrictions detailed in Section 4. The number of Users who may access the Software at any one time is limited to the “Maximum Concurrent Users” as listed in Schedule “A”. Any request to increase the number of Maximum Concurrent Users may entail additional license fees. The Licensee is not restricted in the number of employees or agents who may be permitted to use the Software. The restriction only applies to those accessing the Software at the same time. , The Software and/or some components may be licensed with the designation of “Read Only”; where this occurs the license permits users with view-only access to the Software but not the right to input, write or alter any data or information. Any applicable “Read Only” designation will be stated in Schedule “A” and those aspects of the Software will be licensed as such. The license rights granted herein and the other terms and conditions of this Agreement do not apply to any third party software listed in Schedule “A” to this Agreement. Such third party software is licensed pursuant to and subject to all of the terms and conditions set out in the applicable third party license agreements for such software. For greater certainty and without limiting the generality of the foregoing, CityView makes no warranties, express or implied with respect to the third party software, including without limitation, their merchantability or fitness for a particular purpose and CityView accepts no liability of any kind whatsoever with respect to third party software. 4. LICENSE RESTRICTIONS a. Without limiting the generality of the License granted in Section 3 and any other restrictions listed in this Agreement, Licensee shall not, and will not allow, direct or authorize any other party, directly or indirectly, to: (i) use the Software for any purpose other than in connection with Licensee’s primary business or operations; (ii) disassemble, de-compile, reverse engineer, defeat license encryption mechanisms, or translate any part of the Software, (iii) attempt to reconstruct or discover the Source Code of the Software or to otherwise convert it into human readable code; (iv) modify or create derivate works of the Software; (v) rent, lease, lend, or use the Software for timesharing or bureau use; (vi) allow a third party to copy, access, or use the Software; (vii) take any actions that would cause the Software to become subject to any open source or quasi-open source license agreement or; (viii) attempt to access a Module or Add-on for which a license has not been granted. Licensee shall be wholly liable to CityView for any misuse of the Software and these restrictions are absolute except as and only to the extent that this Agreement may expressly permit CityView to do otherwise. b. Licensee requires a separate License for each environment into which the Software or any portion thereof is read in machine- readable form for operation on such Designated Computer System in a production environment. c. The Licensee may only use the Software for which it has paid the license fees. Upon the payment of the applicable license fee Licensee shall be provided with the electronic key which will permit Licensee to use the components of the Software for which it has paid a license fee. The Licensee may at any time request a further license to use additional components, the use of which shall be subject to the payment of the appropriate license fee and the provision of an electronic key. d. The Licensee may only use the Application Builder where it has paid the appropriate license fee. Upon the payment of the applicable license fee Licensee shall be permitted to use the Application Builder subject to any restrictions that may be detailed in writing when such permission is granted. e. Prior to the use of the Software for the initial and each renewal term, the use of the Software will be subject to the Licensee’s receipt from CityView of an electronic key permitting access to the Software. The receipt of the key is subject to the renewal of the Standard Support Service Level Agreement. The Licensee acknowledges that it will not be able to use the Software in any fashion without the use of the key and that it understands fully its obligations in order to receive each applicable key. 5. LICENSE FEES The rights granted to Licensee hereunder are subject to the Licensee paying to CityView the following license fees: a. A license fee to use the Software; license fee(s) in relation to the Modules for which the Licensee has requested access; and the license fee related to the Application Builder, if requested by Licensee. b. The appropriate license fees are detailed in Schedule “A” and the Modules for which a license is provided and whether a license in the Application Builder is provided are also listed in Schedule “A” (including the details of the applicable license fees). The list of licenses for Modules and the Application Builder may be amended from time to time by a Statement of Work that specifically references this Agreement and which amends Schedule “A” by detailing those Modules that are being licensed or will no longer be licensed in accordance with the terms of this Agreement. The failure to pay such license fees within ninety days of an invoice shall automatically terminate this Agreement despite any cure periods provided elsewhere herein and section 9(a) shall apply. In addition to the above required license fees, any services applicable to the installation, implementation, training or configuration of the Software (both at the time the initial license is granted and for any subsequent licenses) may require additional professional service fees for the provision of the applicable professional services both of which would be subject to the applicable Services Agreement, Statement of Work, and/or Change Order. 6. SUPPORT In consideration of payment of the annual support and maintenance fee set out in Schedule “A” (the “Support and Maintenance Fees”), CITYVIEW will provide: a. Priority response on support requests regarding the Software, as described in the CityView Service Level Agreement Attached as Schedule “D”; b. Remote diagnosis of operational issues related to the Software, provided that the Licensee has obtained, at its cost, the necessary software, hardware and instruction to allow CITYVIEW to provide such assistance. c. Updates for the Software at no extra charge except for magnetic media and courier costs, these updates to include minor changes, enhancements, improvements, and problem resolutions; In consideration of the services set out above, the Licensee agrees to pay the Support and Maintenance Fees in accordance with the payment schedule set out in Schedule “A”. Despite anything in the support terms or this Agreement to the contrary, the Support and Maintenance Fees may increase by more than the fixed percentage increase if new modules are added to and become subject to this Agreement as described in subsection 3(c) above, but only for the year in which such modules are added (or the following year if no changes were made in the year the modules were added). Where CITYVIEW has provided licenses to BLUEBEAM software pursuant to this Agreement, the Licensee must also purchase all support and maintenance services for the BLUEBEAM software directly from CITYVIEW. CITYVIEW agrees that Support and Maintenance Fees for the BLUEBEAM software shall not exceed the fees that would be charged by BLUEBEAM for equivalent support and maintenance services. Licensee agrees that CITYVIEW’s support and maintenance services for the BLUEBEAM software are special and cannot be adequately provided by another third party because of the integration between the Software and BLUEBEAM software. 7. CONTEMPORANEOUS AGREEMENTS The parties agree that execution of the following agreements are conditions precedent to the effectiveness of this Agreement and that the following agreements shall be entered into no later than contemporaneously with the execution of this Agreement. a. the Support and Maintenance Agreement which shall detail CityView’s support obligations in relation to the Software; and b. the Contractual Services Agreement which shall detail CityView’s installation and implementation services for the Software. Additionally, the Licensee shall have the option of entering into an Escrow Agreement. In the event that Licensee wishes to have the Source Code to the Software deposited in an escrow account for Licensee’s benefit, Licensee shall sign the escrow language in Schedule “B” and such terms shall apply to this Agreement. If executed, the Escrow Agreement shall govern the terms and conditions whereby Licensee could gain access to the Software source code for the purpose of maintaining and supporting the Software. Licensee shall be solely responsible for the costs associated with the Escrow Agreement as may be invoiced by CityView. An Event of Default shall be deemed to have occurred if CityView: (1) ceases to market or make available maintenance or support Services for the Software during a period in which the Licensee is receiving support services pursuant to the Standard Service Level Support Agreement, or, (2) becomes insolvent, executes an assignment for the benefit of creditors, or becomes subject to bankruptcy or receivership proceedings, (3) ceases business operations generally or (4) has transferred all or substantially all of its assets or obligations set forth in this Agreement to a third party which has not assumed all of the obligations of CityView. 8. TERM AND TERMINATION Unless terminated earlier in accordance with the terms hereof, this Agreement shall commence on the Effective Date and is for a duration of one (1) year (the “Initial Term”). After the Initial Term, this Agreement shall automatically renew for successive one (1) year periods (each a “Renewal Term”) not to exceed five (5) years from contract signing without submission for review and re-approval by the Augusta Commission, subject to CityView’s then current price structure unless either party provides written notice to the other party of its intention not to renew within ninety (90) days of the end of the then current term. The Initial Term and each Renewal Term shall collectively be referred to as the “Term”. a. Prior to the completion of the Project, this Agreement may be terminated by Licensee at any time by providing CityView with notice only where the Licensee has terminated the Contractual Services Agreement in accordance with its terms. Otherwise, the Licensee may only terminate this Agreement prior to the completion of the Project where CityView has materially breached its obligations under this Agreement and failed to remedy them as permitted hereunder. b. CityView may terminate this Agreement where Licensee fails to comply with its obligations of confidentiality or the obligations under section 4(a) of this Agreement, whereby CityView must notify the Licensee in writing of such default (a “Default Notice”). Upon receipt of a Default Notice, the Licensee must correct the default at no additional cost to CityView, or issue a written notice of its own disputing the alleged default, in either case within ten (10) days immediately following receipt of a Default Notice. c. If the Licensee fails to correct the default, or issue a notice disputing the alleged default, in either case within ten (10) days following receipt of the Default Notice, CityView may terminate the whole of this Agreement including the grant of license to the Software and in such case the Licensee will be responsible for payment to CityView of only that part of the fee earned by CityView for that part of the Services performed in accordance with the Contractual Services Agreement, unless that agreement states otherwise, up to the time of communication of such notice of termination to the Licensee and the entire License Fee for all Software that was fully installed on the Designated Computer System. Once a dispute has been settled, to the extent that any issues still remain unresolved in the Default Notice, Licensee shall have ten (10) days to remedy such breach following the date of the settlement of the other issues. d. Despite the above, for any Default Notice alleging a breach Subsection 4(a) (iii), CityView may terminate this Agreement at any time for a period of thirty (30) days following the delivery of a Default Notice despite Licensee rectifying such default. 9. PROCEDURE FOLLOWING TERMINATION a. If this Agreement is terminated for any reason except an Event of Default, then within thirty (30) days following such termination, the Licensee shall destroy/return the Software and any documentation to CityView, at CityView’s absolute discretion, and the Licensee shall certify, under the hand of a duly authorized officer of the Licensee, that all copies of the Software and Documentation or any part thereof, in any form, within the possession or control of the Licensee have been destroyed/returned to CityView. b. Upon the termination of this Agreement for any reason except for an Event of Default, the Licensee will not be entitled to access the Source Code through the escrow agreement where a valid escrow agreement exists. c. Upon the termination of this Agreement for any reason whatsoever, (i) the parties agree that the Standard Support Service Level Agreement expires on its own terms, (ii) and the confidentiality provisions shall survive and be binding on both parties for five (5) years from the date of termination. 10. CITYVIEW’S PROPRIETARY RIGHTS The grant of the License herein contained permits the limited use of the Software by the Licensee. Title to and all property in the Software, its name, logo and computer stored data shall remain exclusively with CityView. The Licensee hereby acknowledges that the Software and the Documentation is the property of CityView and that the Software constitutes a trade secret, and agrees to exercise due care and diligence in safeguarding the Software, the Documentation and CityView’s proprietary interest. The Licensee also acknowledges that any negligence or deliberate violation of this Agreement on its part which results in failure to protect CityView’s proprietary interest in the Software shall actually and materially damage CityView. In order to ensure compliance with the terms of this Agreement, CityView shall be entitled, upon reasonable notice to Licensee and subject to CityView’s compliance with Licensee’s reasonable security measures, to enter upon the Licensee's premises during normal business hours and require the Licensee to produce such information, records and documents as may be required to ascertain compliance. CityView may revise or update the Software from time to time but shall have no obligation to provide such revision or update to the Licensee, unless the Licensee has paid in full the Annual Support and Maintenance fee set out in Schedule “A”. 11. LIMITED WARRANTY OF PERFORMANCE CityView warrants to Licensee that: a. The Software shall function as described in the user documentation accompanying the Software if the Software is properly used in accordance with CityView’s instructions. b. The Software (including Software updates) will be provided via electronic delivery. The warranty above is void if the Licensee modifies the Software without the written consent of CityView. Examples of such modifications include, but are not limited to, the de-compiling and modifying of the source code, and tampering with the base set-up of the system. For clarity, the parties agree that THE LICENSEE shall have the right to configure the Software using the Desktop configuration tools. Where a license for Application Builder has been granted, THE LICENSEE shall have the right to use Application Builder in accordance with Schedule “C” without voiding the warranties herein. Except as specifically provided above, CityView expressly disclaims all other warranties in the Software, including, but not limited to the implied warranties of quality or fitness for a particular purpose. The Licensee assumes sole responsibility for the selection of the Software to achieve the Licensee's intended results, and for the installation, use and results obtained from the Software. Licensee’s sole recourse in the event the Software does not conform to the applicable documentation is the repair and replacement of the Software. The Licensee agrees to allow CityView the opportunity to make repeated efforts within a reasonable time to correct programming errors or malfunctions as warranted in this Agreement. 12. WARRANTY OF INTELLECTUAL PROPERTY RIGHTS CityView warrants: a. that it has the full right, authority and power to enter into this Agreement and to grant to the Licensee the Licenses and rights conveyed by this Agreement; and b. that the Software is an original work of authorship and does not infringe the intellectual property rights of others. In the event there is a third party claim against Licensee alleging that Licensee’s use of the Software in accordance with this Agreement constitutes an infringement of a Canadian or United States patent, copyright, trade-mark or trade secret, CityView shall, at its expense, defend Licensee and pay any final judgment against Licensee or settlement agreed to by CityView on Licensee’s behalf; provided that Licensee promptly notifies CityView of any such claim or proceeding and shall give CityView full and complete authority, information, and assistance to defend such claim or proceeding. This indemnity is only effective where (i) Licensee has not made any admissions or begun settlement negotiations either prior to or after providing notice to CityView of the applicable claim except with CityView’s prior written consent, (ii) CityView shall have sole control of the defense of any claim or proceeding and all negotiations for its compromise or settlement, and (iii) Licensee has not modified the Software in any manner whatsoever except with the prior written consent of CityView. Any breach by Licensee of its covenants under this section 12 shall nullify this indemnity but not the sole right of CityView to have full and complete authority of the defense to defend such claim or proceeding and of all negotiations related therewith. In the event that the Licensee’s use of the Software is finally held to be infringing or CityView deems that it may be held to be infringing, Licensee agrees that the sole remedy available to it is that CityView shall, at CityView's election: (1) procure for the Licensee the right to continue use of the Application Software; or (2) modify or replace the Software so that it becomes non-infringing. The foregoing states CityView's entire liability, and the Licensee’s exclusive remedy, with respect to any claims of infringement of any copyright, patent, trade-mark, trade secret or other property interest rights relating to the Software, or any part thereof or use thereof. CityView’s obligations under this Section 12 shall survive the termination and/or expiration of this Agreement. Licensee may, at Licensee’s sole cost and expense—which is outside the scope of this indemnity—retain counsel of its own choosing who shall be permitted to attend all settlement conferences and hearings or other court appearances (except where the court has specifically made an order against such attendance related to the proceeding. 13. REMEDIES AND LIABILITY a. The Licensee and CityView recognize that circumstances may arise entitling the Licensee to damages for breach or other fault on the part of CityView arising from this Agreement. The parties agree that in all such circumstances the Licensee’s remedies and CityView’s liabilities will be limited as set forth below and that these provisions will survive notwithstanding the termination or other discharge of the obligations of the parties under this Agreement. i. EXCEPT FOR DAMAGES ARISING OUT OF (a) CITYVIEW’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS OR (b) INDEMNITY OBLIGATIONS PROVIDED IN SECTION 12, BOTH PARTIES AGREE THAT CITYVIEW’s LIABILITY (UNDER BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), IF ANY, FOR ANY DAMAGES RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE LICENSE FEES OR THE SUPPORT AND MAINTENANCE FEES, AS APPLICABLE, PAID TO CITYVIEW BY LICENSEE DURING THE THEN-CURRENT TERM OF THIS AGREEMENT. ii. IN ADDITION TO THE FOREGOING NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST REVENUE OR LOSS OF PROFITS, EVEN IF SUCH OTHER PARTY HAS BEEN ADVISED OF THE LIKELIHOOD OF THE OCCURRENCE OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY . iii. CLAUSES (i) AND (ii) SHALL APPLY IN RESPECT OF ANY CLAIM, DEMAND OR ACTION BY A PARTY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION UNDERLYING SUCH CLAIM, DEMAND OR ACTION, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT OR TORT. b. Where remedies are expressly afforded by this Agreement, such remedies are intended by the parties to be the sole and exclusive remedies of the Licensee for liabilities of CityView arising out of or in connection with this Agreement, notwithstanding any remedy otherwise available at law or in equity. 14. INJUNCTIVE RELIEF The Licensee agrees that the breach of any term, provision or condition of this Agreement by the Licensee may cause irreparable damage to CityView in which case an award of damages may not be adequate relief to CityView. Therefore, the Licensee agrees that in addition to all the remedies available to CityView in the event of any breach of this Agreement by the Licensee, CityView shall have the right to obtain timely injunctive relief to protect its proprietary right. 15. COUNTERPARTS This Agreement may be executed in counterparts (whether by facsimile or PDF signature or otherwise), each of which when so executed shall constitute an original and all of which together shall constitute one and the same instrument. 16. GOVERNING LAW The validity and interpretation of this Agreement and each clause and part thereof shall be governed by the law of the state of Georgia without reference to principles of conflict of laws. 17. ENTIRE AGREEMENT This Agreement contains all the terms and conditions agreed on by the parties hereto with regard to the matters dealt with herein, and no understandings or agreements, verbal or otherwise, exist between the parties except as herein expressly set out. This Agreement completely replaces all other software license agreements that may have been entered into between the parties (including all precursor entities, including those entities that have amalgamated with N. Harris Computer Corporation). 18. RIGHT TO ASSIGN This Agreement and the rights and liabilities hereunder shall not be assigned by the Licensee unless consent in writing is obtained from CityView. 19. SUCCESSORS AND ASSIGNS This Agreement shall inure to the benefit of and be binding upon the respective successors and permitted assigns of the parties. 20. SEVERABILITY If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect. 21. WAIVER No waiver of any default shall constitute a waiver of any other breach or default, whether of the same or any other covenant or condition. No waiver, benefit, privilege or service voluntarily given or performed by other parties shall give the other any contractual right by custom, estoppel, or otherwise. 22. MEDIATION The parties agree to submit any claim, controversy or dispute arising out of or relating to this Agreement or the relationship created by this Agreement to non-binding mediation before bringing a claim, controversy or dispute in a court or before any other tribunal. The mediation is to be conducted by either an individual mediator or a mediator appointed by mediation services mutually agreeable to the parties. The mediation shall take place at a time and location which is also mutually agreeable; provided; however, in no event shall the mediation occur later than ninety (90) days after either party notifies the other of its desire to have a dispute be placed before a mediator. Such mediator shall be knowledgeable in software system agreements. The costs and expenses of mediation, including compensation and expenses of the mediator (and except for the attorney’s fees incurred by either party), is to be shared by the parties equally. If the parties are unable to resolve the claim, controversy or dispute within ninety (90) days after the date either party provides the other notice of mediation, then either party may bring and initiate a legal proceeding to resolve the claim, controversy or dispute unless the time period is extended by a written agreement of the parties. 23. ALLOCATION OF RISK Licensee acknowledges that the limited warranties, disclaimers and limitations of liability contained in this Agreement are fundamental elements of the basis of bargain between Licensee and CityView and set forth an allocation of risk reflected in the fees and payments due hereunder. IN WITNESS WHEREOF, Licensee and CityView have executed this Contract as evidenced by dual signature below. ACCEPTED: ACCEPTED: CityView Authorized Signature: Licensee Authorized Signature: Name: Name: Title: Title: Date: Date: Schedule A to the Software License and Support Agreement Software & Maintenance Fees, Payment Milestones and Deliverables Description of Software Software & Licensing: Quantity Price Payment Terms CityView Application Software: CityView Property Information* 1 $ 0 Invoiced upon execution of the contract, due net 30 days. CityView Permits & Inspections* 1 $ 0 CityView Code Enforcement* 1 $ 0 CityView Planning* 1 $ 0 CityView Licensing (Business)* 1 $ 0 CityView Cashiering* 1 $ 0 CityView Portal (licensed for Property Information, Permits & Inspections, Business Licensing, and Contractor Licensing)* 1 $ 0 CityView Portal license to allow for the uploading of submittals 1 $ 6,250 User Software: Concurrent Read/Write User Licenses* 50 $ 0 CityView Application Builder* 1 $ 0 CityView Mobile (Permit Inspections)* 5 $ 0 CityView Mobile (Code Enforcement Inspections) * 5 $ 0 Server Software: CityView Server (required)* 1 $ 0 CityView GIS/mapping Extension* 1 $ 0 CityView MS Outlook Add-in* 1 $ 0 CityView will: • Send the licensing key for New CityView Licenses Total Licensing $ 6,250 *The City is currently licensed and pays maintenance for these software components Annual Software Maintenance Deliverables Payment Milestone Payment Terms Mandatory Annual Software Maintenance (subject to annual increase) in addition to your current software maintenance contract Provides: • All major and minor software upgrades • Unlimited technical support; • Unlimited access to the CityView FTP site • Unlimited access to the CityView Connect $1,375 Due on execution of this agreement, and prorated to the City’s current renewal period Total Maintenance $1,375 Schedule B CityView Escrow Services Agreement CityView/Harris Computer SystemsCityView/Harris Computer SystemsCityView/Harris Computer SystemsCityView/Harris Computer Systems Escrow Services AgreementEscrow Services AgreementEscrow Services AgreementEscrow Services Agreement SERVICES AGREEMENT by and between CityView (“CityView”), a division of Harris Computer Systems Corporation, a Canadian Corporation and wholly owned subsidiary of Constellation Software, Inc., having offices at #4464 Markham St – Suite 2307, Victoria, BC, V8Z 7X8 and City of Augusta, GA (“Customer”), having offices at 535 Telfair St. Augusta, GA 30901, is made and entered into as of the day of , 2016. PREAMBLE WHEREAS: a) CityView owns or has the right to license certain Software (“Programs”); and b) CityView provides software escrow services ("Escrow Services") to its licensees and is willing to provide such services to Customer on the terms and conditions specified in this Agreement; and c) Customer has licensed the Software (“Programs”) specified in the Contractual Services Agreement dated , 2016 d) The initial Support and Maintenance period specified in the Contractual Services Agreement has not expired or the Customer has made timely renewal payments; THEREFORE in consideration of the premises and of the mutual covenants herein set forth, the parties agree as follows: PROGRAMS ANNUAL FEES UPDATE FEES As specified in the Contractual Services Agreement $0 $500 SECTION 1: CITYVIEW PROGRAMS 1.1 “Program” means the software application(s) set in the Contractual Services Agreement or otherwise made available by CityView or use by the Licensee as a part of this Agreement. SECTION 2: ESCROW SERVICES 2.1 Term: Escrow Services will commence on the date of execution of this Agreement and will continue as long as the Customer is covered by Support and Maintenance pursuant to the Software License and Support Agreement and any Support and Maintenance Service Agreement entered into between the parties and so long as the Customer has paid the applicable Escrow Service Fees. Escrow Services will terminate automatically upon the termination of the Software License and Support Agreement or of an applicable Contractual Services Agreement, Service Agreement, or upon non-payment of Support and Maintenance fees or Escrow Services Fees. 2.2 Charges: The fee for the first delivery of the Escrow Materials will be the Annual Fee. Subsequently, the Annual Fee will be billed as a supplementary charge to the Support and Maintenance fees under the same payment terms. Should Customer request Escrow Materials outside the normal release update cycle, the Update Fee will apply. 2.3 Delivery of Escrow Materials: “Escrow Materials” is defined as a sealed package containing a copy of the Program’s source code on CityView supported electronic medium in the format and system environment used by CityView and Customer in its own operation to generate object code, together with a copy of the existing systems documentation developed for the Programs and the specifications for the operating environment and software tools required to make effective use of the source materials. Escrow Materials will be shipped within ten (10) days of the initial payment of the Annual Fees to CityView’s then current Escrow Agent, Jones Emery Hargreaves Swan, Suite 1212 - 1175 Douglas Street, Victoria, B.C., V8W 2E1. Subsequently, provided Customer has maintained payment of the Support and Maintenance fees and Escrow Services Annual Fees, the existing Escrow Materials will be exchanged for a replacement set comprising the then-current source and documentation and shall again be placed with CityView’s then current Escrow Agent, such exchange occurring as soon as practical following the shipment of a new release of the Programs. 2.4 Access to Escrow Materials: Escrow Materials shall remain in a sealed package and shall be held, in trust, by CityView’s Escrow Agent. Customer shall be entitled to verify with the Escrow Agent that the Escrow Materials (namely the sealed package containing the then current source code) have been placed with CityView’s Escrow Agent. However, Customer shall not be entitled to access the Escrow Materials unless and until one of the following events occur: a) CityView is unwilling or unable to complete modifications to the programs which are required to allow Customer to comply with regulatory or legal requirements which are beyond the control of Customer; or b) CityView takes advantage of the insolvency laws of any jurisdiction; or c) CityView makes an assignment in bankruptcy or is adjudicated as bankrupt pursuant to section 7 of the United States Code; or d) CityView makes a general assignment for the benefit of its creditors; or e) CityView has a receiver, administrator or manager of its property, assets or undertakings appointed in such circumstances as would adversely affect the continuing use by Customer of the Software specified in the Contractual Services Agreement; or f) CityView is ordered by any Court of competent jurisdiction to be wound up; or g) CityView becomes insolvent; or h) CityView ceases doing business as a going concern. 2.5 Warranties of CityView: Provided Customer complies with the terms of the Software License and Support Agreement and all Supplements and Addendums thereto and pays the agreed Support and Maintenance fees, CityView will, to the extent that it is still supplying such services to other customers, warrant that the Escrow Materials and replacement Escrow Materials delivered under this Agreement will be complete, accurately reflect the most current version of the source code of the Programs used by Customer, incorporate all changes made to the Programs or the source code thereof from the previous time the Escrow Materials were delivered to CityView’s Escrow Agent under this Agreement, and contain no passwords or other devices that would prevent or prohibit the use of the Escrow Materials at any time should an event in s.2(4) occur. 2.6 CityView’s Intellectual Property: Customer acknowledges that the Escrow Materials are and shall remain solely CityView’s property (tangible and intellectual). Customer furthermore acknowledges that any breach or violation of this Agreement would cause CityView irreparable harm and that legal remedies, in themselves, may not adequately remedy such breach or violation. CityView therefore shall be entitled to pursue, in addition to any legal remedy available to it, all equitable remedies (including injunctive relief and specific performance). Customer hereby warrants that it shall not attempt to access, except pursuant to the provisions of this Agreement, the Escrow Materials and replacement Escrow Materials delivered under this Agreement to CityView’s Escrow Agent. Even in the event of access to the Escrow Materials by Customer pursuant to s.2(4), Customer acknowledges that it shall only be entitled to use the source code and documentation in the same manner in which Customer is permitted to use the object code of the Programs as specified in the License, with the additional license to modify the source code and convert it to executable object code. In particular, without restricting the generality of the foregoing, the release, modification, enhancement, or alteration of the Escrow Materials does not alter CityView’s complete and sole ownership of all property rights in the Programs and Customer shall sign all written instruments to this effect if required by CityView or an agent acting on behalf of CityView. Customer furthermore acknowledges that any resultant modification or enhancement to the Escrow Materials shall become CityView’s intellectual property and Customer shall sign all written instruments to this effect. SECTION 3: PAYMENT 3.1 Excepting the initial invoice that is due upon execution of this Agreement, all fees shall be paid within thirty (30) days after receipt of the invoice. Customer shall pay all applicable shipping charges and taxes, exclusive of CityView’s income and corporate franchise taxes. If any invoice is not paid within thirty (30) days, Customer shall pay a late payment charge of 1% per month on the unpaid amount, together with the amount of the original invoice. Customer shall reimburse CityView for all reasonable costs incurred (including reasonable attorneys’ fees) in collecting past due amounts owed by Customer. SECTION 4: TERMINATION AND DEFAULT 4.1 Termination: At Customer’s option, this Agreement may be terminated by providing notice in writing to CityView at least thirty (30) days prior to an annual Escrow Services renewal date. Upon termination, CityView’s Escrow Agent shall return all Escrow Materials to CityView and any and all rights enjoyed by Customer hereunder shall automatically and immediately terminate. 4.2 Remedy of Default: This Agreement may be terminated by either party if the other fails to perform or comply with any provision of this Agreement, provided that a party intending to terminate under this provision will provide written notice of the applicable default to the defaulting party, and termination based thereon will only be effected if the defaulting party fails to rectify the specified default within ninety (90) days after receipt of such notice. Upon the occurrence of an Event of Default by CityView and failure by CityView to remedy, if Customer elects not to terminate this Agreement, then the Customer shall be entitled to have access to the Escrow Materials currently in CityView’s Escrow Agent’s possession and the Escrow Materials will, subject to the provisions of s. 2(6) hereof, be released from the escrow restrictions forthwith. SECTION 5: GENERAL PROVISIONS 5.1 Assignment: Neither party hereto shall be entitled to assign that party’s rights and obligations under this Agreement without the express written agreement of the other party, such agreement not to be unreasonably withheld. 5.2 Severability: Any provision of this Agreement which is prohibited by law or is unenforceable will be ineffective only to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. 5.3 Enurement: This Agreement will enure to the benefit of and be binding upon the parties and their respective successors and assigns. 5.4 Modification: This Agreement may not be modified except in writing by an authorized signatory of each party. 5.5 Non-Solicitation: The parties agree that during the term of this Agreement, and for a period of two (2) years thereafter, they will not, without the express prior written consent, directly or indirectly, solicit any person for employment, who is currently employed by the other party. In addition, any person who has been previously employed by either party, shall be prohibited from servicing or providing consultation within the scope of work contemplated by this Agreement for a minimum of two (2) year after their current employment. 5.6 Marketing: Customer agrees that CityView may publicly refer to Customer orally and in writing as a client of CityView. Any other reference to Customer by CityView requires the written consent of Customer. 5.7 Notification: All notices under this Agreement shall be in writing and delivered by overnight delivery service or certified mail, return receipt requested, to the address specified above. Either party may change its address by providing notice in accordance with this Section. 5.8. Governing Law: The Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia. This Agreement shall attorn to the jurisdiction of a competent court within a mutually agreed upon region in the Province of British Columbia. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the date set forth above. City of Augusta, GA CityView By: By: Name Printed: Name Printed: Title: Title: By: Name Printed: Title: Schedule C CityView Service Level Agreement The purpose of this Exhibit is to provide our customers with information on our standard coverage, the services which are included as part of your annual software support, a listing of call priorities, an outline of our escalation procedures and other important details. Contract Term: 1 Year (renewable annually) Support Channels: Web, Email or Telephone Support Requests Allowed: Unlimited Who Can Report: Individuals who are trained in the use of CityView can report issues to Customer Support. Hours of Coverage: Coverage hours are 8:30 a.m. to 8:30 p.m. Eastern Standard Time from Monday through Friday, excluding CityView Technical Support observed holidays. (Only those statutory holidays that coincide between Canada and the United states are observed by CityView Technical Support.) Accessing Support: The preferred method of opening a support incident is to use our CityView Connect Feedback mechanism within the software. Telephone support requests should be preceded by filing a support request within CityView Connect web site, including a detailed problem description. Telephone support requests will be answered live during business days, though staff may be involved serving other customers. If your call is not answered live, please leave a message, including the support request tracking number you received from the electronic filing, your name and phone or pager number. Messages are typically responded to within two hours. Auto Acknowledgement: CityView Connect will assign a case number, accessible from the CityView Connect Feedback Status web page. Email and telephone correspondence will also result in cases being created and those will be available for review through the CityView Connect Feedback Status web page. Whenever the status of your incident changes, an email notification will automatically be sent to the individual that opened the call. Request Response Time: A technical support engineer will respond to all requests within the time frames specified in Table 1. Business hours are 8:30 a.m. to 8:30 p.m. Eastern Standard Time from Monday through Friday, excluding CityView Technical Support observed holidays. Only those statutory holidays that coincide between Canada and the United States are observed by CityView Technical Support. We process requests in the order of their priority followed by order of submission. What we will do if we don't hear back from you: If we don't hear back from you in ten business days, we will close your support request and mark it as "Closed / No response from customer." Resolution of Bug-Related Requests: We will keep your request open and follow up when a fix is available in a production release. We will also contact you if we post an experimental build that will help with your problem. What We Need to Help You CityView wants to be as responsive as possible to your support needs. To accomplish this goal, the CityView customer support staff relies on your knowledge, self-sufficiency, and thoroughness during the troubleshooting process. You reap the benefits from this effort — it allows CityView to focus on the more difficult problems and make the product more robust. It also helps control the amount CityView charges for support. · Knowledge: You should be experienced in the installation, operation, and maintenance of the hardware, desktop, and network operating systems, and applications in your environment before you install CityView. · Self-sufficiency: Please be as self-sufficient as possible when you encounter problems. You can do this by referring to technical documentation for your environment and by searching our CityView Connect Help site to determine if your issue is addressed before you submit it to our customer support staff. · Complete information: As with any troubleshooting process, accurate and timely resolution depends on information. When you request support, please fill in all relevant fields in the request form, provide a detailed problem description, and attach any appropriate log files. Please note that using the CityView Connect Feedback mechanism within the product records most of this information automatically; therefore, it is the preferred way to submit a request to support because it guarantees we get this information with minimal effort from you. Unfortunately, when the request information is incomplete, it will take longer to resolve your issue. · Preparation: If you call us for support, be prepared to provide the same level of information as is requested on the request submission form. You can help reduce the time to resolution by completing the online support request form and attaching files as directed. Then, simply provide us with the request number when you call. In addition, please have immediate access to the computer(s) on which CityView products are running. How to Access Support CityView offers several methods of accessing support described below. Please note that for Priority 1 (see Table 1) issues, customers are encouraged to submit their incident online and then follow up via CityView’s toll-free phone number: CityView Connect is the best way to receive support for our product. This feature is available from the Home page of our software as well as in many of our add-on products. · CityView Connect Feedback (preferred method) If there is a feature you are having trouble using, or, if there is a feature you really like, please let our team know about it. Within CityView, use the Feedback button to let us know about your question or inquiry. If you have a feature request for our team, please use this method to let us know what you would like to see in the product. The information can also include screenshots and documents to help describe your feedback. · CityView Connect Help The Help button will redirect your internet browser to our CityView Connect Help site (http://cityviewhelp.iharriscomputer.com/CityViewCMS ). The site is available for customer self-service, and is comprised of a searchable content management system and downloadable updates, including links to our release notes and latest features. · CityView Connect Feedback Status Our CityView Connect Feedback Status link redirects to our Connect Feedback website (http://cityviewsupport.harriscomputer.com/connect ). This site will allow users to log new support incidents and check the status of previously submitted incidents on a 24 x 7 basis. Please contact our support group by telephone or email if there are preferred individuals who should be able to review all site calls. · Telephone Support Telephone technical support is available between the hours of 8:30 a.m. to 8:30 p.m. Eastern Standard Time on regular business days. Customers can contact us toll-free at 1.866.988.8324. CityView technical support will respond to telephone inquiries using the Service Level Agreement provided in Table 1 below. · Email Support Email support is available by reaching our support team at cityviewsupport@harriscomputer.com Please note that any suggestions for enhancements to CityView that you submit will become the property of CityView. CityView may use this information for any CityView business purposes, without restriction, including for product support and development. CityView will not use information in a form that personally identifies you. Limitations The following are not covered by CityView’s Standard Support Agreement, but may be available as separate services on a time and materials basis: (a) Services required due to misuse of CityView maintained software; (b) Services required due to software corrections, customizations, or modifications not developed by CityView; (c) Services required by the Customer to be performed by CityView outside of CityView’s regular business hours; (d) Services required to resolve or work-around problems that cannot be reproduced in CityView’s support environment; (e) Services which relate to tasks other than maintenance of the Customer’s existing implementation and configuration of CityView, including but not limited to, enhancing or adapting CityView for specific operating environments; (f) Services requested by the Customer to implement software updates provided by CityView. Table 1. Service Level Agreement Priority Definition Initial Response Time* Commitment (CityView and Customer) Examples 1 (High) Operation/Service down or critically impacted. Business process impacted. No known workaround. 2 Hours CityView and customer will commit necessary resources to fix problem or obtain a workaround. · Users cannot login · Business process halted 2 (Medium) Operation affected, but not down. Business process is not affected. Workaround may be available. 4 Hours CityView and customer will commit resources during normal business hours to resolve issue or obtain workaround. · Cannot print · Cannot process payments · Application response is exceptionally slow 3 (Normal) Moderate to negligible impact. No impact to business. 24 Hours CityView and customer will commit necessary resources during normal business hours to restore operation to satisfactory levels. · Non critical feature not working · Feature works but requires user intervention 4 (Info.) Request for information, documentation issues, and enhancement requests. 48 Hours Request-dependent. · Help file clarification · Form design not in production * Response time targets are during business hours only. Obtaining More Information Information about our support programs may be obtained by contacting the CityView support team at 1.800.665.5647, or via email at cityviewsupport@harriscomputer.com. CONTRACTUAL SERVICES AGREEMENT THIS AGREEMENT (hereinafter the "Agreement") is made this ______ day of _______, 2016 (the "Effective Date") by and between Augusta, Georgia, (hereinafter the “City”), and CityView, a division of N. Harris Computer Corporation, an Ontario Corporation and wholly owned subsidiary of Constellation Software, Inc., with its place of business at 4464 Markham Street, Suite 2307, Victoria, BC, V8Z 7X8 (hereinafter the "Vendor"). The City and the Vendor are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties." RECITALS A. The Vendor desires to perform and assume responsibility and obligation for the provision of certain professional services, as hereinafter described, on the terms and conditions set forth herein. Vendor represents that it is experienced in providing business process automation and implementation services to public clients and is familiar with the scope of work of the City. B. The City desires to engage Vendor to render such services, as hereinafter described, for the reconfiguration of CityView Business Licensing, Permits & Inspections and Code Enforcement (the “Project”) on the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the City and the Vendor agree as follows: OPERATIVE PROVISIONS SECTION I ENGAGEMENT AND SERVICES OF THE VENDOR 1. Engagement of Vendor. The City hereby engages the Vendor and the Vendor promises and agrees to furnish to the City, subject to the terms and conditions set forth in this Agreement, all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional services necessary (the “Services”) for the project described in the statement of work set out in Schedule “D” to this Agreement (the “Project”). The Services are more particularly described in Schedule “A” and in the statement of work set out in Schedule “D” attached hereto and incorporated herein by reference. The Vendor agrees to perform the Services in accordance with the terms and conditions of this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations in effect at the time the Services are provided. 2. Performance of the Vendor; Standard of Care. The Vendor accepts the relationship of trust and confidence established between the City and the Vendor by the terms of this Agreement. The Vendor covenants with the City to perform all Services under this Agreement in a skillful and competent manner, consistent with or in excess of the standards of skill, quality and care adhered to by recognized professionals in the same discipline in the United States while performing services of a like or similar nature under like or similar circumstances. Vendor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Vendor shall also cooperate with the City and any other consultants or contractors engaged by or on behalf of the City in performance of the Project. The Vendor covenants to use its commercially reasonable efforts to perform its duties and obligations under this Agreement in an efficient, expeditious and economical manner, consistent with the best interests of the City and the professional standard of care set forth in this Agreement. SECTION II RESPONSIBILITIES OF THE VENDOR 1. The Vendor's Responsibilities for Costs and Expenses. Except as otherwise expressly stated herein, the Vendor shall be solely responsible for all costs and expenses incurred relative to the Vendor, personnel of the Vendor and sub-Vendors of the Vendor in connection with the performance of the Services, including, without limitation, payment of salaries, fringe benefits contributions, payroll taxes, withholding taxes and other taxes or levies, office overhead expense, telephone and other telecommunication expenses, and document reproduction expenses. 2. Independent Contractor. The Services shall be performed by Vendor or under its supervision. Vendor shall determine the means, methods and details of performing the Services subject to the requirements of this Agreement. The Vendor represents that it possesses the professional and technical personnel required to perform the Services. The City retains Vendor on an independent contractor basis and not as an employee of the City. Vendor retains the right to perform similar or different services for others during the term of this Agreement. The personnel performing the Services on behalf of the Vendor shall at all times be under the Vendor's exclusive direction and control. The Vendor shall pay all expenses, including, without limitation, all wages, salaries, fringe benefit contributions, payroll taxes, withholding taxes, other taxes or levies and all other amounts due such personnel for the Services or due others as a result of the performance by such personnel of the Services. Vendor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to, all reports for social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3. Vendor’s Project Manager. The Vendor shall designate and assign a project manager ("Project Manager"), who shall coordinate all phases of the Services and act as the Vendor’s representative for performance of this Agreement. The Project Manager shall have full authority to represent and act on behalf of the Vendor for all purposes under this Agreement, and shall be available to the City at all reasonable times. The Project Manager shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures employed by Vendor’s personnel, as well as the satisfactory coordination of all portions of the Services under this Agreement. 4. Time of Performance. Vendor shall complete the Services to be performed by Vendor under and pursuant to this Agreement by a date mutually agreed to in the accepted project plan. This targeted completion date may be modified by mutual written agreement as a result of the fine tuning of the plan during the first two months after project start. Vendor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with any schedule of services mutually acceptable to the Parties. 5. Software License and Support Agreement. The vendor will provide the software licenses identified in Schedule “A” for the City’s use as governed by its Software License and Support Agreement, a copy of which is attached as Schedule “B”. 6. Conformance to Applicable Requirements. All aspects of the provision of the Services by Vendor shall conform to all applicable local, state, and federal laws, rules and regulations in effect at the time the services are provided. 7. Insurance. Vendor currently carries insurance coverage for commercial general liability, non-owned automobile coverage, workers’ compensation, and errors and omissions policies. Vendor shall supply City with Certificates of Insurance for insurance requirements that fall within the general scope of the present policies that Vendor carries. City has no rights to review the Vendor’s policies. 8. Prohibition Against Transfers The Vendor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, without the prior written consent of the City, such consent not to be unreasonably withheld, except that the Vendor may assign to a successor entity in the event of its dissolution, acquisition, sale of substantially all of its assets, merger or other change in legal status. The Agreement shall inure to the benefit of and be binding upon the Parties to this Agreement and their respective successors and permitted assigns. 9. Progress. The Vendor is responsible to keep the City Project Manager and/or his or her duly authorized designee informed on a regular basis regarding the status and progress of the Services, activities performed and planned, and any meetings that have been scheduled or are desired relative to the Services or this Agreement. The frequency and form of the updates will be mutually agreed on during the fine tuning of the plan in the first two months after project start. 10. Confidentiality. The Parties each acknowledge that they may receive information from the other Party or otherwise in connection with this Agreement or the performance of the Services. Except for information in the public domain, unless such information falls into the public domain by disclosure or other acts of the disclosing party or through the fault of the receiving party, the receiving party agrees: (i) to maintain this information in confidence; (ii) not to use this information other than in the course of this Agreement; (iii) not to disclose or release such information except on a need to know only basis; (iv) not to disclose or release such information to any third person without the prior written consent of the disclosing party, except for authorized employees or agents of the receiving party; and (v) to take all appropriate action, whether by instruction, agreement or otherwise, to ensure that third persons with access to the information under the direction or control or in any contractual privity with the receiving party, do not disclose or use, directly or indirectly, for any purpose other than for performing the Services during or after the term of this Agreement, any material or information, including the information, without first obtaining the written consent of the disclosing party. All report materials, either created by or provided to Vendor in connection with the performance of this Agreement, shall be held confidential by Vendor. Such materials shall not, without the prior written consent of City, be used by Vendor for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. 11. No Set Hours/Right to Contract. The Vendor's obligation hereunder is to complete the Services in accordance with this Agreement and to meet any deadlines established pursuant to this Agreement. The Vendor has no obligation to work any particular schedule, hours or days, or any particular number of hours or days. However, the Vendor shall coordinate with the City in achieving the results and meeting the goals established pursuant to this Agreement. 12. Accounting Records. Vendor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Vendor shall allow a representative of City during normal business hours and with reasonable notice (not less than 7 business days) to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Vendor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. Safety. Vendor shall execute and maintain its Services so as to avoid injury or damage to any person or property. In carrying out its Services, the Vendor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. SECTION III RESPONSIBILITIES OF THE CITY 1. Cooperation. The City shall cooperate with the Vendor relative to the provisions of those Services for which the Vendor is responsible. To the extent permitted by applicable law, the City shall provide criteria and information in its possession, or reasonably obtainable by it, as requested by Vendor, and shall make that information and related data available for Vendor’s use during the performance of this Agreement. The City shall render decisions required by this Agreement within the time indicated, or if not specifically stated, with reasonable promptness so as not to unduly delay the progress of Vendor’s Services. 2. City’s Project Manager and Project Staff. The City shall designate and assign a City project manager ("City Project Manager") who shall have full authority to represent and act on behalf of the City for all purposes under this Agreement. The City Project Manager, or his/her designee, shall be the principal officer of the City for liaison with the Vendor, and shall review and give approval to the details of the Services as they are performed, in particular, but not exhaustively, Project Plan, Scope of Work, Acceptance Plans, Statements of Completion, Change Order Requests as they may be required during project implementation. In addition, the City Project Manager shall ensure proper and timely availability of all City personnel required by the Vendor for successful completion of project tasks, in particular, but not exhaustively, Business and Systems Analysts, IT staff, Subject Matter Experts, Users. The City designates Debbie Freeman to be its Project Manager, but reserves the right to appoint another person as City Project Manager upon written notice to the Vendor. Any change to project plan shall be dealt with through the Change Order Management process detailed in Section XI of Schedule D. 3. Project Plan. The City shall be responsible for meeting specific milestones and providing specific deliverables that will be defined in the project plan to be mutually agreed to by the Parties in writing (the “Project Plan”). In addition, the City covenants to meet any turnaround or review times specified in the Project Plan. Should the City fail to meet the agreed milestones or to provide the agreed deliverables or to meet the specified turnaround or review times, the Vendor will inform the City of the consequences thereof and reserves the right to modify the project plan accordingly. Following any fine tuning of the Project Plan during the first two months after project start, the Project Plan shall be agreed upon and signed by authorized representatives of each of the Parties, shall be attached to this Agreement as Schedule “D” and shall be deemed to form part of this Agreement 4. Formal completion statement. No later than thirty days past go-live of the software solution, the City shall provide the Vendor with a written statement of completion certifying that the solution has been implemented successfully (the “Statement of Completion”). In case of a partial go-live this shall refer to the part of the solution that has gone live. 5. Applicable Taxes and Exemptions. The City shall be responsible for any sales tax due on fees associated with this Agreement. If the City is exempt from sales tax on fees associated with the Services to be provided by Vendor under this Agreement an exempt certificate will be provided to the Vendor prior to the execution of this contract. 6. Allowance for Suspension or Delay due to City. In the event that the City shall suspend the performance of Services, delay any deliverable date, or cause a delay in performance by failing to fulfill any of its obligations under this Section III then the following shall apply: any applicable delivery schedule shall be extended by a period of time equal to the time lost because of any such delay. The due date for any deliverable that is dependent on such performance by the City shall be deemed adjusted equitably to allow for the effect of such delay on Vendor’s ability to supply or perform such deliverable. SECTION IV COMPENSATION 1. Compensation. In consideration of the performance by Vendor of the Services, the City shall pay to the Vendor compensation at the rates set forth in Schedule "A" attached hereto and incorporated herein by reference. Total compensation under this Agreement shall not exceed $94,163 (plus travel and Annual Maintenance fees) without written approval of the City. 2. Extra Service. The Vendor shall not receive additional compensation for any extra service unless such extra service has been authorized in writing by the City prior to the commencement of the extra service, provided that the Change Order Management procedures in Schedule D have been followed. Any changes to the total compensation shall require the City’s approval and further agreement between the parties. The City shall pay the Vendor for extra service in accordance with the Vendor’s then current services rates. As used herein, "Extra Service" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement or for which initial assumptions driving estimated efforts are no longer valid. 3. Payment of Compensation. The Vendor shall submit invoices to the City in accordance with the payments milestones specified in Schedule A. The City shall make payments to the Vendor thirty (30) days following the date of receipt of the invoice, unless the City disputes the amount of the compensation the Vendor claims it is owed under this Agreement. Any disputed amount shall be handled as discussed herein. 4. Reimbursements. City shall reimburse the Vendor for its direct expenses, including, but not limited to, all reasonable travel and accommodation costs, meal expenses of not more than $55.00 per diem for week days and $110.00 per diem for weekend days (no receipts provided), including a travel time rate of $75.00 per hour, and all other reasonable expenses incurred in the performance of the Consultant's duties pursuant to the budget for “travel and expenses” described in Schedule “A” attached hereto. Reimbursement for expenses beyond the “travel and expenses” line item in Schedule “A” shall occur only if such additional expenses are agreed upon in writing by the Parties. 5. Mediation. The parties agree to submit any claim, controversy or dispute arising out of or relating to this Agreement or the relationship created by this Agreement to non-binding mediation before bringing a claim, controversy or dispute in a court or before any other tribunal. The mediation is to be conducted by either an individual mediator or a mediator appointed by mediation services mutually agreeable to the parties. The mediation shall take place at a time and location which is also mutually agreeable; provided; however, in no event shall the mediation occur later than ninety (90) days after either party notifies the other of its desire to have a dispute be placed before a mediator. Such mediator shall be knowledgeable in software system agreements. The costs and expenses of mediation, including compensation and expenses of the mediator (and except for the attorney’s fees incurred by either party), is to be shared by the parties equally. If the parties are unable to resolve the claim, controversy or dispute within ninety (90) days after the date either party provides the other notice of mediation, then either party may bring and initiate a legal proceeding to resolve the claim, controversy or dispute unless the time period is extended by a written agreement of the parties. SECTION V REMEDIES AND LIABILITIES 1. Remedies and Liability. The City and the Vendor recognize that circumstances may arise entitling the City to damages for breach or other fault on the part of the Vendor arising from this Agreement. The parties agree that in all such circumstances the City’s remedies and the Vendor’s liabilities will be limited as set forth below and that these provisions will survive notwithstanding the termination or other discharge of the obligations of the parties under this Agreement. (1) EXCEPT FOR DAMAGES ARISING OUT OF (a) INJURY OR DAMAGE TO PEOPLE, REAL OR TANGIBLE PROPERTY OR (b) THE VENDOR’S INTENTIONAL MISREPRESENTATION, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, BOTH PARTIES AGREE THAT THE VENDOR’S LIABILITY (UNDER BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), IF ANY, FOR ANY DAMAGES RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE SERVICE FEES PAID TO VENDOR BY CITY UNDER THIS AGREEMENT. (2) IN ADDITION TO THE FOREGOING NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST REVENUE, LOSS OF DATA OR LOSS OF PROFITS, EVEN IF SUCH OTHER PARTY HAS BEEN ADVISED OF THE LIKELIHOOD OF THE OCCURRENCE OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. (3) CLAUSES (i) AND (ii) SHALL APPLY IN RESPECT OF ANY CLAIM, DEMAND OR ACTION BY A PARTY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION UNDERLYING SUCH CLAIM, DEMAND OR ACTION, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, FUNDAMENTAL BREACH OR TORT. 2. Intent. The parties hereby confirm that the waivers and disclaimers of liability, releases from liability, limitations and apportionments of liability, and exclusive remedy provisions expressed throughout this Agreement shall apply even in the event of default, negligence (in whole or in part), strict liability or breach of contract of the person released or whose liability is waived, disclaimed, limited, apportioned or fixed by such remedy provision, and shall extend to such person’s affiliates and to its shareholders, directors, officers, employees and affiliates. 3. Remedies. Where remedies are expressly afforded by this Agreement, such remedies are intended by the parties to be the sole and exclusive remedies of the City for liabilities of the Vendor arising out of or in connection with this Agreement, notwithstanding any remedy otherwise available at law or in equity. SECTION VI EXPIRATION AND TERMINATION 1. Events of Default. Each of the following events shall constitute an "Event of Default": A. The Vendor shall fail to observe, perform or comply with any material term, covenant, agreement or condition of this Agreement which is to be observed, performed or complied with by the Vendor, if such failure continues uncured for thirty (30) calendar days after the City gives the Vendor written notice of the failure and the specific nature of such failure. B. The Vendor shall commit any fraud, misrepresentation, breach of fiduciary duty, willful misconduct, or intentional breach of any material provision of this Agreement. C. The Vendor is adjudged bankrupt, makes a general assignment for the benefit of its creditors or a receiver is appointed on account of the Vendor’s insolvency. D. The Vendor undergoes a change in control which adversely effects the Vendor’s ability to satisfy some or all of its obligations under the Agreement in the discretion of the City (except that no internal re-organization of the Vendor with an affiliated company shall be deemed a change in control); E. If the Vendor assigns this Agreement without consent of the City (except that this subsection shall not apply to an assignment by the Vendor to an affiliated company where the affiliated company assumes all of the rights and obligations under the terms of this Agreement). 2. Termination Upon Event of Default. In addition to any other available legal or equitable rights or remedies, upon an Event of Default by the Vendor, the City shall have the right to terminate this Agreement upon written notice to the Vendor. 3. Expiration. Unless extended as provided for herein, this Agreement shall naturally expire on receipt of the Completion Statement from the City. The expiration of this Agreement under this term shall neither affect nor require the termination of the License and Support Agreement. 4. Payment Upon Termination. Upon a termination of this Agreement, the City shall pay to the Vendor the part of the Compensation which would otherwise be payable to the Vendor with respect to the Services which had been adequately completed as of the date of termination, less the amount of all previous payments with respect to the Compensation. 5. Termination by Vendor. Vendor may terminate this Agreement only upon the breach by the City of a material provision of this Agreement such as the City withholding payment for more than 30 days beyond due date. SECTION VII GENERAL PROVISIONS 1. Nondiscrimination by the Vendor. The Vendor represents and agrees that the Vendor, its affiliates, subsidiaries, or holding companies do not and will not discriminate against any subcontractor, Vendor, employee, or applicant for employment because of race, religion, color, sex, handicap, national origin or any other protected classification under federal or state law. Such nondiscrimination shall include, but not be limited to, the following: employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 2. Rights to Employ Other Vendors. The City reserves the right to employ other Vendors in connection with this Project. 3. Conflicts of Interest; Prohibited Interests. A. Vendor maintains and warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Vendor, to solicit or secure this Agreement. Further, Vendor warrants that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for Vendor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 4. Subcontracting. The Vendor shall not subcontract any portion of the Services except as expressly stated herein, without prior written consent of the City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 5. Waiver. No waiver of any default shall constitute a waiver of any other breach or default, whether of the same or any other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by other parties shall give the other any contractual right by custom, estoppel, or otherwise. 6. Notices. All notices required hereunder shall be given in writing to the following addresses or such other addresses as the parties may designate by written notice: To the City: Augusta, Georgia 535 Telfair Street Building 2000 Augusta, GA 30901 Attention: Debbie Freeman To the Vendor: CityView Suite 2307, 4464 Markham Street Victoria, BC V8Z 7X8 Attention: Sean Higgins Notice shall be deemed received as follows, depending upon the method of transmittal: by facsimile, as of the date and time sent; by messenger, as of the date delivered; and by USPS, certified, return receipt requested, as of five (5) days after deposit in the USPS Mail. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 7. Authority to Enter Agreement. Each Party has all requisite power and authority to conduct its business and to execute, deliver and perform all of its obligations under this Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to enter into this Agreement so as to bind each respective Party to perform the conditions contemplated herein. 8. Severability. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect. 9. Governing Law and Venue. This Agreement shall be construed in accordance with, and governed by, the laws of the state of Georgia. Any lawsuit brought to enforce this Agreement shall be brought in the appropriate court in state of Georgia. The Parties hereby waive the right to trial by jury in any action, proceeding or counterclaim filed by any party. This Agreement expressly excludes any applicable Uniform Commercial Code and the United Nations Convention on Contracts for the International Sale of Goods and any legislation implementing such Convention, if otherwise applicable. 10. Days. Any term in this Agreement referencing time, days, or period for performance shall be deemed to be calendar days and not work days. 11. Entire Agreement. This Agreement contains the entire agreement of the City and the Vendor, and supersedes any prior or contemporaneous written statements or agreements between the City and the Vendor. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by both Parties. Provisions of a City purchase order or similar document are not applicable to the extent that they conflict with the terms of this Agreement. Under no circumstances shall the provisions of a purchase order supersede those of this Agreement. For further clarification, the parties agree that the Software License and Support Agreement being entered into between the parties concurrently with this Agreement is a separate agreement and is binding in its own right and upon its own terms. 12. Binding on Assigns. Each and all of the covenants and conditions of this Agreement shall be binding on, and shall inure to, the benefit of the successors and assigns of the respective parties. 13. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original and which collectively shall constitute one instrument. 14. Captions. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment or describe the scope, content or intent of this Agreement. 15. Construction. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language in all parts of this Agreement shall be construed simply, according to its fair meaning and not strictly for or against any party. 16. Cooperation/Further Acts. The Parties shall fully cooperate with one another in attaining the purposes of this Agreement. In connection therewith, the Parties shall take any additional further acts and steps and sign any additional documents as may be necessary, appropriate and convenient to attain the purposes of this Agreement. 17. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 18. Incorporation of Recitals, Schedules and Exhibits. A. The "Recitals" constitute a material part hereof, and are hereby incorporated into the Agreement by reference as though fully set forth herein. B. The “Schedules” and "Exhibits" constitute a material part hereof, and are hereby incorporated into the Agreement by reference as though fully set forth herein. 19. Allocation of Risk. City acknowledges that the limited warranties, disclaimers and limitations of liability contained in this Agreement are fundamental elements of the basis of bargain between City and Vendor and set forth an allocation of risk reflected in the fees and payments due hereunder. IN WITNESS WHEREOF the Parties have executed this Agreement to be effective on the Effective Date by their duly authorized representatives. For Augusta For CityView Hardie Davis, Jr., Mayor Sean Higgins, Executive Vice President Date Date Attest: Lena Bonner, Clerk of Commission Date Schedule “A” – Payment Milestones and Project Deliverables Schedule “B” – CityView Software License and Support Agreement Schedule “C” – CityView Service Level Agreement Schedule “D” – Statement of Work Schedule “A” – Payment Milestones and Project Deliverables Software LicensingSoftware LicensingSoftware LicensingSoftware Licensing DeliverablesDeliverablesDeliverablesDeliverables Payment MilestonePayment MilestonePayment MilestonePayment Milestone Payment TermsPayment TermsPayment TermsPayment Terms Software Licenses Include: CityView Portal license to allow for the uploading of submittals CityView will: • Send the licensing key for CityView Licenses $ 6,250 Invoiced on execution of this agreement and due net 30 days Total LicensingTotal LicensingTotal LicensingTotal Licensing $ 6,250$ 6,250$ 6,250$ 6,250 Annual Software MaintenanceAnnual Software MaintenanceAnnual Software MaintenanceAnnual Software Maintenance DeliverablesDeliverablesDeliverablesDeliverables Payment MilestonePayment MilestonePayment MilestonePayment Milestone Payment TermsPayment TermsPayment TermsPayment Terms Mandatory Annual Software Maintenance (subject to annual increase) in addition to your current software maintenance contract Provides: • All major and minor software upgrades • Unlimited technical support; • Unlimited access to the CityView FTP site • Unlimited access to the CityView Connect $1,375 Invoiced on execution of this agreement, pro- rated to the Augusta’s current renewal period, and annually on the anniversary date of the renewal Total MaintenanceTotal MaintenanceTotal MaintenanceTotal Maintenance $1,375$1,375$1,375$1,375 Software LicensingSoftware LicensingSoftware LicensingSoftware Licensing DeliverablesDeliverablesDeliverablesDeliverables CostsCostsCostsCosts Payment TermsPayment TermsPayment TermsPayment Terms Project ManagementProject ManagementProject ManagementProject Management Ongoing project facilitation, billing, status reports, issues resolution, escalation, resource allocation, scheduling, budget management, change orders etc. $ 6,930 50% due upon execution of the Statement of Work, 50% balance due upon scheduling of go-live. Project Kickoff, Workbook Project Kickoff, Workbook Project Kickoff, Workbook Project Kickoff, Workbook Sessions, Data Collection (remote)Sessions, Data Collection (remote)Sessions, Data Collection (remote)Sessions, Data Collection (remote) · Remote walkthroughs will be conducted with Augusta’s subject matter experts (SMEs) to review the new workflow · Workbooks will be completed to define the submittal checklists and other changes required to allow the best- practice workflows to be adapted, where necessary, to Augusta’s practices $ 12,540 Invoiced upon commencement of remote walkthroughs & due net 30 days ConfigurationConfigurationConfigurationConfiguration Reconfiguration of the workflow for Business Licensing, Permits & Inspections and Code Enforcement to be in line with CityView’s present-day best practices, including online submittal checklists and ability for applicant to upload documents online $ 30,838 50% invoiced upon commencement of the configuration and due net 30 days; and, 50% invoiced upon scheduling of the first review & validation session and due on or before the first review & validation session, due net 30 days. CustomizationsCustomizationsCustomizationsCustomizations Enhancement to allow submittal checklists to be presented to the user during the online application process for a Business License. $ 1,200 Due upon commencement of customizations Validation and RefinementsValidation and RefinementsValidation and RefinementsValidation and Refinements Remote walkthroughs will be conducted to show the SMEs how the environment is now configured and any in-scope changes, identified through testing, will be made by CityView $ 18,255 50% invoiced on the scheduling of the remote walkthrough and due net 30 days; 50% invoiced upon completion of in-scope validation refinements and due on or before the first day of end user training. Installation (remote) & Installation (remote) & Installation (remote) & Installation (remote) & Environment ManagementEnvironment ManagementEnvironment ManagementEnvironment Management Merge of configuration changes into the City’s Test environment prior to production merge, and merge to production $ 5,280 Due on completion of remote installation Training (onsite and remote)Training (onsite and remote)Training (onsite and remote)Training (onsite and remote) CityView will perform 5.0 days (onsite) of end-user training/go live facilitation and 0.5 days remote Portal training. That will be followed by 2.0 days of configuration training for key personnel. $ 12,870 Invoiced upon scheduling of end user training and due on or before the first day of training. Travel (estimTravel (estimTravel (estimTravel (estimate based on 1 person ate based on 1 person ate based on 1 person ate based on 1 person trip and 7 days onsite)trip and 7 days onsite)trip and 7 days onsite)trip and 7 days onsite) Travel as incurred $ 5,400 Invoiced as incurred and due net 30 days Total Implementation ServicesTotal Implementation ServicesTotal Implementation ServicesTotal Implementation Services $ $ $ $ 93,31393,31393,31393,313 Notes: · The City will ensure the hardware and software requirements necessary for the efficient operation of CityView are present, according to the specifications included herein · Travel is based on 1 person trip and 7 days onsite which includes 3 days onsite user training, 2 days onsite go live facilitation and 2 days of configuration training. Should additional resources be required for configuration training additional travel charges will be required and agreed to through a formal change order. The City shall reimburse CityView for its direct travel expenses, including but not limited to, hotel, airfare, car rental, tolls, parking and airline and travel agent fees; including a travel time rate of $75.00 per hour; a per diem rate of $55.00 for week days and a $110.00 for weekends and statutory holidays that includes all meal, food and telecommunications expenses; and a mileage charge based on the current Canada Revenue Service recommended rate per mile. Schedule “B” – CityView Software License and Support Agreement (under separate cover) Schedule C CityView Standard Support - Service Level Agreement The purpose of this Exhibit is to provide our customers with information on our standard coverage, the services which are included as part of your annual software support, a listing of call priorities, an outline of our escalation procedures and other important details. Contract Term: Contract Term: Contract Term: Contract Term: 1 Year (renewable annually) Support Channels: Support Channels: Support Channels: Support Channels: Web, Email or Telephone Support Requests Allowed: Support Requests Allowed: Support Requests Allowed: Support Requests Allowed: Unlimited Who Can Report: Who Can Report: Who Can Report: Who Can Report: Individuals who are trained in the use of CityView can report issues to Customer Support. Hours of CoverageHours of CoverageHours of CoverageHours of Coverage: Coverage hours are 8:00 a.m. to 8:30 p.m. Eastern Standard Time from Monday through Friday, excluding CityView Technical Support observed holidays. (Only those statutory holidays that coincide between Canada and the United states are observed by CityView Technical Support.) Accessing Support: Accessing Support: Accessing Support: Accessing Support: The preferred method of opening a support incident is to use our CityView Connect Feedback mechanism within the software. Telephone support requests should be preceded by filing a support request within CityView Connect web site, including a detailed problem description. Telephone support requests will be answered live during business days, though staff may be involved serving other customers. If your call is not answered live, please leave a message, including the support request tracking number you received from the electronic filing, your name and phone or pager number. Messages are typically responded to within two hours. Auto Acknowledgement:Auto Acknowledgement:Auto Acknowledgement:Auto Acknowledgement: CityView Connect will assign a case number, accessible from the CityView Connect Feedback Status web page. Email and telephone correspondence will also result in cases being created and those will be available for review through the CityView Connect Feedback Status web page. Whenever the status of your incident changes, an email notification will automatically be sent to the individual that opened the call. Request Response Time: Request Response Time: Request Response Time: Request Response Time: A technical support engineer will respond to all requests within the time frames specified in Table 1. Business hours are 8:00 a.m. to 8:30 p.m. Eastern Standard Time from Monday through Friday, excluding CityView Technical Support observed holidays. Only those statutory holidays that coincide between Canada and the United States are observed by CityView Technical Support. We process requests in the order of their priority followed by order of submission. What we will do if we don't hear back from you: What we will do if we don't hear back from you: What we will do if we don't hear back from you: What we will do if we don't hear back from you: If we don't hear back from you in ten business days, we will close your support request and mark it as "Closed / No response from customer." Resolution of BugResolution of BugResolution of BugResolution of Bug----Related Requests:Related Requests:Related Requests:Related Requests: We will keep your request open and follow up when a fix is available in a production release. We will also contact you if we post an experimental build that will help with your problem. What We Need to Help YouWhat We Need to Help YouWhat We Need to Help YouWhat We Need to Help You CityView wants to be as responsive as possible to your support needs. To accomplish this goal, the CityView customer support staff relies on your knowledge, self-sufficiency, and thoroughness during the troubleshooting process. You reap the benefits from this effort — it allows CityView to focus on the more difficult problems and make the product more robust. It also helps control the amount CityView charges for support. · Knowledge:Knowledge:Knowledge:Knowledge: You should be experienced in the installation, operation, and maintenance of the hardware, desktop, and network operating systems, and applications in your environment before you install CityView. · SelfSelfSelfSelf----sufficiency:sufficiency:sufficiency:sufficiency: Please be as self-sufficient as possible when you encounter problems. You can do this by referring to technical documentation for your environment and by searching our CityView Connect Help site to determine if your issue is addressed before you submit it to our customer support staff. · CompleteCompleteCompleteComplete information:information:information:information: As with any troubleshooting process, accurate and timely resolution depends on information. When you request support, please fill in all relevant fields in the request form, provide a detailed problem description, and attach any appropriate log files. Please note that using the CityView Connect Feedback mechanism within the product records most of this information automatically; therefore, it is the preferred way to submit a request to support because it guarantees we get this information with minimal effort from you. Unfortunately, when the request information is incomplete, it will take longer to resolve your issue. · Preparation:Preparation:Preparation:Preparation: If you call us for support, be prepared to provide the same level of information as is requested on the request submission form. You can help reduce the time to resolution by completing the online support request form and attaching files as directed. Then, simply provide us with the request number when you call. In addition, please have immediate access to the computer(s) on which CityView products are running. How to Access SupportHow to Access SupportHow to Access SupportHow to Access Support CityView offers several methods of accessing support described below. Please note that for Priority 1 (see Table 1) issues, customers are encouraged to submit their incident online and then follow up via CityView’s toll-free phone number: CityView Connect is the best way to receive support for our product. This feature is available from the Home page of our software as well as in many of our add-on products. · CityView Connect FeedbackCityView Connect FeedbackCityView Connect FeedbackCityView Connect Feedback (preferred method)(preferred method)(preferred method)(preferred method) If there is a feature you are having trouble using, or, if there is a feature you really like, please let our team know about it. Within CityView, use the Feedback button to let us know about your question or inquiry. If you have a feature request for our team, please use this method to let us know what you would like to see in the product. The information can also include screenshots and documents to help describe your feedback. · CityView Connect HelpCityView Connect HelpCityView Connect HelpCityView Connect Help The Help button will redirect your internet browser to our CityView Connect Help site (http://cityviewhelp.iharriscomputer.com/CityViewCMS ). The site is available for customer self-service, and is comprised of a searchable content management system and downloadable updates, including links to our release notes and latest features. · CityView Connect Feedback StatusCityView Connect Feedback StatusCityView Connect Feedback StatusCityView Connect Feedback Status Our CityView Connect Feedback Status link redirects to our Connect Feedback website (http://cityviewsupport.harriscomputer.com/connect ). This site will allow users to log new support incidents and check the status of previously submitted incidents on a 24 x 7 basis. Please contact our support group by telephone or email if there are preferred individuals who should be able to review all site calls. · Telephone SupportTelephone SupportTelephone SupportTelephone Support Telephone technical support is available between the hours of 8:00 a.m. to 8:30 p.m. Eastern Standard Time on regular business days. Customers can contact us toll-free at 1.866.988.8324. CityView technical support will respond to telephone inquiries using the Service Level Agreement provided in Table 1 below. · Email SupportEmail SupportEmail SupportEmail Support Email support is available by reaching our support team at cityviewsupport@harriscomputer.com Please note that any suggestions for enhancements to CityView that you submit will become the property of CityView. CityView may use this information for any CityView business purposes, without restriction, including for product support and development. CityView will not use information in a form that personally identifies you. LimitationsLimitationsLimitationsLimitations The following are not covered by CityView’s Standard Support Agreement, but may be available as separate services on a time and materials basis: a) Services required due to misuse of CityView maintained software; b) Services required due to software corrections, customizations, or modifications not developed by CityView; c) Services required by the Customer to be performed by CityView outside of CityView’s regular business hours; d) Services required to resolve or work-around problems that cannot be reproduced in CityView’s support environment; e) Services which relate to tasks other than maintenance of the Customer’s existing implementation and configuration of CityView, including but not limited to, enhancing or adapting CityView for specific operating environments; f) Services requested by the Customer to implement software updates provided by CityView. Table 1. Service Level AgreementTable 1. Service Level AgreementTable 1. Service Level AgreementTable 1. Service Level Agreement PriorityPriorityPriorityPriority DefinitionDefinitionDefinitionDefinition Initial Initial Initial Initial Response Response Response Response Time*Time*Time*Time* Commitment (CityView and Customer)Commitment (CityView and Customer)Commitment (CityView and Customer)Commitment (CityView and Customer) ExamplesExamplesExamplesExamples 1111 (High)(High)(High)(High) Operation/Service down or critically impacted. Business process impacted. No known workaround. 2 Hours CityView and customer will commit necessary resources to fix problem or obtain a workaround. · Users cannot login · Business process halted 2222 (Medium)(Medium)(Medium)(Medium) Operation affected, but not down. Business process is not affected. Workaround may be available. 4 Hours CityView and customer will commit resources during normal business hours to resolve issue or obtain workaround. · Cannot print · Cannot process payments · Application response is exceptionally slow 3333 (Normal)(Normal)(Normal)(Normal) Moderate to negligible impact. No impact to business. 24 Hours CityView and customer will commit necessary resources during normal business hours to restore operation to satisfactory levels. · Non critical feature not working · Feature works but requires user intervention 4444 (Info.)(Info.)(Info.)(Info.) Request for information, documentation issues, and enhancement requests. 48 Hours Request-dependent. · Help file clarification · Form design not in production * Response time targets are during business hours only. Obtaining More InformationObtaining More InformationObtaining More InformationObtaining More Information Information about our support programs may be obtained by contacting the CityView support team at 1.800.665.5647, or via email at cityviewsupport@harriscomputer.com. I. Table of Contents Schedule “D” – Statement of Work I. Table of Contents Statement of WorkStatement of WorkStatement of WorkStatement of Work I. Table of Contents I. Table of Contents ............................................................................................................................................................................... 2 II. Background ......................................................................................................................................................................................... 3 III. Goals .................................................................................................................................................................................................... 4 IV. Scope ................................................................................................................................................................................................... 5 V. Work Approach ................................................................................................................................................................................. 6 VI. Post Implementation Support .................................................................................................................................................. 10 VII. Technical Environment .......................................................................................................... Error! Bookmark not defined.Error! Bookmark not defined.Error! Bookmark not defined.Error! Bookmark not defined. VIII. Roles & Responsibilities ............................................................................................................................................................. 11 IX. Schedule ........................................................................................................................................................................................... 16 X. Project Acceptance ........................................................................................................................................................................ 17 XI. Change Order Management ..................................................................................................................................................... 18 XII. Issues & Problem Resolution................................................................................................................................................... 36 II. Background II. Background The City of Augusta has been a valued CityView customer since 2007. Over the years there have been numerous enhancements and technology changes to CityView. The City’s current configuration has limited their ability to take advantage of some of these changes as well as best practices now available. Some of the challenges the City is looking to address are: 1. Streamline their workflows to bring them in line with today’s best practices so that goals like a one-day turnaround for online business applications can be achieved 2. Customer and work demands are increasing and productivity must increase to accommodate the demand. 3. The City wants to provide a solid foundation to add additional online services at a later date. 4. The City is also interested in the ability to automate the electronic plans review process which this project will help facilitate. Collectively, the above challenges place a burden on staff, making it difficult to provide the exceptional levels of service given to customers, and tough to keep pace with growing demands. This project will help the City manage and overcome these challenges and the following statement of work describes the activities that will be undertaken in the reconfiguration of Business Licensing, Permits & Inspections and Code Enforcement. III. Goals III. Goals The objectives of this project are to re-configure Business Licensing, Permits & Inspections and Code Enforcement in order to: 1. Allow for uploading documents online through CityView Portal to facilitate the application process so that one-day turnaround for online business applications can be achieved 2. Increase checks and balances to improve accuracy and consistency of application processing to ensure quality. 3. Bring the current environment in line with today’s best practices by standardizing business processes, to save time, improve service and facilitate easier training of new employees. 4. Ensure future product enhancements can be enjoyed by end-users to improve productivity and service delivery. IV. Scope IV. Scope Inclusions: 1. License of CityView Portal that allows applicants to upload their documents using the Upload Submittals feature of CityView Portal. 2. Enhancement to allow submittal checklists to be presented to the user during the online application process for a Business License. Note, this functionality already exists for permits 3. Reconfiguration of the workflow for Business Licensing, Permits & Inspections and Code Enforcement to be in line with CityView’s present-day best practices, including online submittal checklists and ability for applicant to upload documents online. 4. Five (5.0) days of onsite training and go live facilitation at the end of the implementation. The (5.0) days consists of 3 days onsite user training and 2 days onsite go live assistance 5. 2 days of configuration training to be provided onsite, after the go live facilitation, so that Augusta’s IT resources can understand how to maintain the new configuration. 6. Eight (8) hours of remote training on the use of Portal for online business license applications and Permit Applications. 7. Quality assurance, project management, environment management for all above services. Exclusions: 1. Provision of hardware, databases and third party software 2. Setup and support of network infrastructure supporting CityView 3. No letter templates will be configured; existing templates will be used. 4. No fee calculation configuration; existing calculations will be used. 5. No data conversion is included 6. No reports or report customizations are included 7. No conversion of existing, in-progress workflows to the new workflow. 8. Non-standard configuration – standard configuration would be what is provided in the “Inclusions” above and what comes preconfigured in the system. Examples of non-standard configuration would include; modifying record-level security from what is pre-defined; defining organizational role security criteria other than those defined in the out of the box organizational roles (e.g. read-only access to some sheets, read-write to others); creating business rules defining specific outcomes that are tied to specific users of the system only (e.g. message box reminding of a process that needs to be followed but where that message box is only invoked where a specific users is logged into the system); While these are not included in the scope of this project, the configuration tools are provided for the City to undergo such configuration yourselves. V. Work Approach V. Work Approach The implementation will follow the methodology described below. Sign off will be required following the testing of the configuration prior to end user training. Project Kickoff Project Kickoff Project Kickoff Project Kickoff The CityView Project Manager will review all documentation with respect to the implementation in order to prepare the materials for project kickoff. CITYVIEW will prepare an Implementation Project Plan. PrePrePrePre----configuration Activitiesconfiguration Activitiesconfiguration Activitiesconfiguration Activities 1. The City will provide a Backup of Augusta Production will be used to create a Development environment (DEV). 2. CityView ill import the best practice workflows for Business Licensing, Permits & Inspections and Code Enforcement into the DEV environment. 3. CityView will disable all business rules that currently “kick-off” a Business Licensing, Permits & Inspections and Code Enforcement workflow and create new business rules to “kick-off” the new workflow. This way, in-progress workflows will continue in accordance with the old workflows, whereas new applications will follow the new workflows. Module Walkthroughs/Data CollectionModule Walkthroughs/Data CollectionModule Walkthroughs/Data CollectionModule Walkthroughs/Data Collection CityView will conduct remote walkthroughs with Augusta subject matter experts (SMEs) to review the best practice workflows. Following the walkthroughs, the City will be asked to complete workbooks to define the submittal checklists and other changes required to allow the best-practice workflows to be adapted, where necessary, to Augusta’s practices. ConfigurationConfigurationConfigurationConfiguration CityView will configure the environment to incorporate the required changes identified during the remote walkthroughs and defined in the workbook. Portal configuration will be performed to ensure all necessary information is being captured to facilitate a one-day turnaround on business license applications and Portal for Permits & Inspections is in accordance with the new workflows. Quality AssuranceQuality AssuranceQuality AssuranceQuality Assurance CITYVIEW will undertake quality assurance activities throughout the project. The configuration changes are verified by a peer review committee which includes the project team, members of research and development and management, and occasionally subject matter experts from the customer’s side. Review and ValidationReview and ValidationReview and ValidationReview and Validation Remote walkthroughs will be conducted to show the SMEs how the environment is now configured and any in-scope changes, identified through testing, will be made by CityView. The City will then complete testing of the new configuration and be asked to formally accept the final configuration prior to end user training. V. Work Approach During the Review and Validation sessions CityView will document any changes, corrections, or deficiencies for further action. A customer feedback mechanism is provided within the environment for immediate feedback and reporting of issues to our implementation specialists and developers should the City’s SME’s conduct additional reviews without the CityView Implementation Specialist present. In Scope RefinementsIn Scope RefinementsIn Scope RefinementsIn Scope Refinements In scope corrections from the process of Review and Validation will be conducted. If out of scope issues are raised through Validation, these will be handled through approved change orders. User Acceptance TestingUser Acceptance TestingUser Acceptance TestingUser Acceptance Testing On completion of the third Review and Validation session, the City will be provided a period of 2-4 weeks for additional User Acceptance Testing on their own completely installed test system. CityView will provide samples of User Acceptance Testing scripts. The CityView Implementation Specialist will monitor the client’s feedback and continue to make any in scope corrections. Provided the acceptance criteria have been met, the City is asked to formally accept the delivered solution for go-live. Phase 5: End User Training and GoPhase 5: End User Training and GoPhase 5: End User Training and GoPhase 5: End User Training and Go----livelivelivelive Final EnvironmentFinal EnvironmentFinal EnvironmentFinal Environment After the final environment receives client sign off CityView will restore the City’s Test environment with the new configured system in order to establish an environment that can be used for training purposes. CityView will also deploy the changes to production just prior to go live. User TrainingUser TrainingUser TrainingUser Training CityView will conduct 3 days onsite user training. GoGoGoGo----LiveLiveLiveLive CityView will deploy the configuration changes to the Production environment ready for go-live. After go- live, CityView will provide 2 days of onsite go-live facilitation where an implementation specialist will be available to help the users with questions as they arise, easing their concerns and complementing their training. During go-live facilitation the CITYVIEW project team will work with the City to record any known issues. The CityView project team is responsible for the resolution of these known issues. 30 days after Go Live CITYVIEW will request a formal letter of acceptance (the Statement of Completion, pursuant to the Contractual Services Agreement) that substantiates the product has been delivered and is being used successfully in a live, production environment. In the case of a partial go-live, a completion statement will be requested for that part of the solution that has gone live. During the first 4 weeks after go-live, the project team will begin to familiarize and transition the project to the Technical Support group. At the end of 4 weeks the Project Manager will arrange a formal hand-off involving the City of Augusta the CITYVIEW Project Manager and the CITYVIEW Support group formalizing the transition of any new defects, bugs and support issues to the Support team. Configuration Configuration Configuration Configuration TTTTrainingrainingrainingraining Immediately following the go-live facilitation, CityView will provide 2 days onsite configuration and maintenance training to enable users to configure, maintain and evolve their business process within the new CityView environment. Concepts that will be covered include Fee Maintenance and Workflow configuration. V. Work Approach Matrix of Responsibilities and Work ProductsMatrix of Responsibilities and Work ProductsMatrix of Responsibilities and Work ProductsMatrix of Responsibilities and Work Products The following table provides a summary of the project. Responsibility and the lead for each step in the process are defined and the deliverables received by the City are presented. StepStepStepStep ResponsibilityResponsibilityResponsibilityResponsibility LeadLeadLeadLead DeliverablesDeliverablesDeliverablesDeliverables Project Kickoff CityView CityView Project Manager Project Plan Workbook Completion City City Project Manager Completed workbook Remote Configuration CityView CityView Implementation Specialist Configured Environment in CityView-hosted development environment, ready for Installation and remote walkthrough. Review and Validation/Acceptance Testing City City Project Manager Completed acceptance testing and notice to go-live End-User Training Team CityView Implementation Specialist Completed training Advanced-User Training Team CityView Implementation Specialist Completed training Go Live Team CityView Project Manager Live production environment Documentation DocumentationDocumentationDocumentationDocumentation is available through CityView ConnectCityView ConnectCityView ConnectCityView Connect, our on-line content management system. This is your source for the most updated CityView information any time. You can search for a particular topic or browse through the menu items. The Product Training Guides will step you through a full training session for a particular topic. If you cannot find what you are looking for, it may just be an issue of terminology. CityView ConnectCityView ConnectCityView ConnectCityView Connect is accessible directlydirectlydirectlydirectly and withinwithinwithinwithin the CityView modulesCityView modulesCityView modulesCityView modules. By clicking the HelpHelpHelpHelp button, you get direct access to the content in CityView Connect. Documentation of your CityView solution is targeted to three main groups: business users, system administrators and application developers. Documentation is provided at every level of training, focused on the enabling objectives of the training in question. CityView ConnectCityView ConnectCityView ConnectCityView Connect is the main source of documentation for customers throughout the implementation and beyond. The focus of CityView Connect is to ensure up to date information is being maintained in one location, including details on new releases and the added functionality they contain. With each CityView release, detailed Release Notes documents the changes to the release both for new features, feature changes, and bug fixes. Any exceptions or changes for installation and upgrade are also noted. V. Work Approach CityView offers the following documentation: System technical documentation System end user’s documentation OnOnOnOn----line Helpline Helpline Helpline Help Desk documentation System/Architecture diagrams Data Dictionary – under Non-disclosure Agreement Scope Documentation including – signed-off data collection materials VI. Post Implementation Support VI. Post Implementation Support Detailed in Schedule C, CityView Service Level Agreement. VII. Roles & Responsibilities VII. Roles & Responsibilities Below is a description of the roles and responsibilities of each of the resources in the Project. Your CityView project teamCityView project teamCityView project teamCityView project team is comprised of: Project Manager, Project Manager, Project Manager, Project Manager, Implementation SpecialistImplementation SpecialistImplementation SpecialistImplementation Specialist and trainerand trainerand trainerand trainer Quality Assurance Team. Quality Assurance Team. Quality Assurance Team. Quality Assurance Team. Project Project Project Project ManagerManagerManagerManager He/she is involved in both the facilitation of the project as well as hands-on work in each project phase to ensure that requirements are met and project deliverables are clearly defined. The responsibilities include: 1. Be the primary point of contact for the City’s Project Manager 2. Ensure successful delivery of CityView’s tasks 3. Participate, where necessary, in gathering of the business process requirements 4. In coordination with the City’s Project Manager, create the project schedule and keep this schedule up-to-date throughout the project 5. Coordinate the scheduling of tasks for the implementation according to the project schedule 6. Manage the CityView project resources 7. In coordination with the City’s Project Manager, co-conduct the project Kick-off meeting 8. Review and approve CityView’s data collection scope documents for Sign-off 9. Seek sign-off on all CityView deliverables and approval documents from the City’s Project Manager 10. In coordination with the City’s Project Manager, manage scope change control 11. Assist the City’s Project Manager in defining the training and Go-Live plans 12. Support City in the Go-Live preparation steps 13. Hold review & status meetings with City’s resources 14. Facilitate and provide timely resolutions to issues and concerns as it relates to CityView resources, project issues, etc. Implementation Specialist & TrainerImplementation Specialist & TrainerImplementation Specialist & TrainerImplementation Specialist & Trainer The Implementation Specialist (IS) will work closely with the City through remote sessions, follow up calls, training, and demonstrations in order to define the scope of the configuration effort. The IS configures your CityView environment and prepares the environment for the onsite activities. Typically the IS’s also deliver the end-user training and Go-live assistance. Responsibilities include: 1. Provide progress status to the CityView Project Manager 2. Perform the data collection and work with the City’s Subject Matter Experts (SMEs) to understand and collect the business requirements 3. Provide best practices recommendation and solutions where applicable 4. Compile the data collection documents 5. Configure the Software based on the data collection and workbook VII. Roles & Responsibilities 6. Unit test the configuration 7. Provide configured system to Application Developer Team Lead and QA Team lead for configuration review and testing 8. Provide validation and acceptance testing support 9. Work with the City’s SMEs to log Validation feedback and correct mis-configuration items 10. Work closely with the CityView, Developers and QA Lead to answer any business related question that might arise 11. Provide training to the different City groups as follows: i. Subject Matter Experts ii. Advanced Users iii. End Users 12. Provide electronic copies of training sessions’ agendas 13. Leverage adult learning methodology and teaching techniques while documenting and escalating any concerns to the implementation Project Managers Quality Assurance TeamQuality Assurance TeamQuality Assurance TeamQuality Assurance Team Responsible for testing the quality of your CityView modules and any customizations and interfaces. They use a combination of automated and manual testing on your environment. Bug Tracker Tools, Unit Testing, and Manual Test Cases are used in a strategic test plan that results in a stable, error free application for delivery. Responsibilities include: 1. Maintain QA environments on the same version as the City’s Development Environment for parallel testing and troubleshooting 2. Log test results, log issues in detail and provide issues logs to Application Development team 3. Provide unit testing as detailed within roles above 4. Provide advice on timing and readiness of version releases. VII. Roles & Responsibilities We envisage the CityCityCityCity’’’’ssss project teamproject teamproject teamproject team is comprised of: Project Manager, Project Manager, Project Manager, Project Manager, Subject Matter Experts (SMEs),Subject Matter Experts (SMEs),Subject Matter Experts (SMEs),Subject Matter Experts (SMEs), Database Administrator,Database Administrator,Database Administrator,Database Administrator, Systems and Network Administrators,Systems and Network Administrators,Systems and Network Administrators,Systems and Network Administrators, Testers (often the same people as the SMEs),Testers (often the same people as the SMEs),Testers (often the same people as the SMEs),Testers (often the same people as the SMEs), Application AdministratorsApplication AdministratorsApplication AdministratorsApplication Administrators End Users. End Users. End Users. End Users. CityCityCityCity Project ManagerProject ManagerProject ManagerProject Manager The City Project Manager is responsible for the overall City deliverables and the day-to-day management of the project. This resource is the primary liaison between the CityView Team, and the City’s project team. Both Project Managers will work together to meet the objectives, address issues, facilitate resolution and participate in active management of the teams. Below is a list of responsibilities to be performed by the City’s Project Manager: 1. Manage all City resources for project related activities 2. Manage the project (budget, timeline, quality, risks, scope, issues, deliverables, etc.) in cooperation with CityView’s Project Manager 3. Communicate project status to the Executive Sponsor and the project team leveraging updates from CityView’s status updates 4. Participate in the project meetings 5. Create, maintain, manage and refine the project schedule with all its elements in cooperation with the CityView Project Manager 6. Maintain project standards especially Scope & Status reporting 7. Prepare, organize and co-conduct with the project kick-off meetings 8. Manage the delivery and coordination of City project tasks 9. Manage all project deliverables in coordination with CityView’s Project Manager 10. Manage and streamline the issue management process in conjunction with CityView Project Manager 11. Manage project deviations and take necessary corrective actions 12. Participate in gathering of the City’s business process requirements when required 13. Plan, manage and execute the Acceptance Test efforts 14. Plan, manage and execute the end user training efforts 15. Provide timely reviews and potential sign-offs on all project deliverables approval documents as presented by the CityView Project Manager 16. Review and accept project milestones 17. Manage the logistical activities of the end user training a. Training facilities b. Students booking c. Scheduling of sessions VII. Roles & Responsibilities d. Monitoring and logging the end user attendance 18. Capture the end user feedback 19. Responsible for internal & project communication 20. Provide guidance to project team members 21. Lead the Go-Live preparation planning 22. Participate heavily in the Go-Live preparation tests 23. Must provide Go / No Go Decision throughout the project phases 24. Must be present for Go-Live CityCityCityCity Subject Matter ExpertsSubject Matter ExpertsSubject Matter ExpertsSubject Matter Experts The Business Experts own the business process within their functional areas since they perform these day-to- day business processes. These people collectively form the knowledge base of the City’s business process requirements. Such resources will be involved in the Data Collection, as well as approval of the Scope Documentation and testing and acceptance of the configured system. They will further verify that the new configured system meets the City’s business requirements as outlined in the Scope Documentation. They will participate in making decisions regarding the business processes and they will help both Project Managers manage the project scope and all the associated deliverables. Below is a list of responsibilities to be performed by the SMEs 1. Attend data collection & validation training sessions 2. Participate in appropriate project team meetings 3. Work with the CityView IS to validate the configuration through validation testing 4. Develop appropriate validation test cases based on business scenarios 5. Assist in the development of user procedures 6. Assist the project team in defining user access levels and privileges 7. Assist the project team in the Go-Live support planning 8. Provide end user post implementation Go-Live support where applicable 9. Assist the City’s Project Manager in problem resolution 10. Support End User Training and documentation preparation 11. Must be present for Go-Live CityCityCityCity Database AdministratorDatabase AdministratorDatabase AdministratorDatabase Administrator This resource will be responsible for setup and maintenance of the different databases (Testing/ Training and Production) during the initial project phase and for any subsequent requirement. Below is a list of responsibilities to be performed by the City’s Database Administrator: 1. Setup the initial databases in conjunction with CityView resource(s) 2. On-going database configuration, monitoring, tuning and troubleshooting of the database environments 3. Manage production database growth 4. Provide support to the project team during the project implementation as identified in the project schedule 5. Manage the performance of the database 6. Establish and maintain database security and coordinate with application administration the application security levels VII. Roles & Responsibilities 7. Include the databases in the normal backup routines and add them to the recovery management plan 8. Coordinate activities with City network and workstation administrators 9. Manage and execute database installation and upgrade patches 10. Participate in user access rights and privileges planning, definition & testing CityCityCityCity Systems & Network AdministratorsSystems & Network AdministratorsSystems & Network AdministratorsSystems & Network Administrators These resources will be required to provide assistance to the project team on an as needed basis. Below is a list of responsibilities to be performed by the City’s Systems & Network Administrators: 1. Prepare servers for initial software setup and configuration 2. Provide setup of servers and provide network connectivity 3. Setup required peripherals for the different environments 4. Setup testing environments as requested by the City’s Project Manager 5. Participate in Go-Live preparation tests 6. Should be present for Go-Live CityCityCityCity End UsersEnd UsersEnd UsersEnd Users These resources will be trained on the proposed modules and components. Below is a list of responsibilities to be performed by the City’s End Users: 1. Attend and actively participate in the appropriate training sessions provided by CityView 2. Understand existing business processes as well as the project scope at a reasonable level of detail 3. Have good Windows navigation skills VIII. Schedule VIII. Schedule The final project plan will be defined by the Project Managers as an initial step in the project. IX. Project Acceptance IX. Project Acceptance After delivery of the fully configured solution, we expect the City to undertake acceptance testing using self- generated testing scenarios. Should the testing identify any defects, CityView will provide in-scope fixes at no additional charge in parallel to, or immediately subsequent to, the acceptance testing. After all fixes deemed essential for go-live are provided and retested, the code will be frozen and deployment will commence. Provided the acceptance criteria have been met, the City will be asked to formally accept the delivered solution for Go-live. Following go-live the CityView project team will work with the City to record any known issues. The project team is responsible for the resolution of these known issues. 30 days after Go Live CityView will request a formal letter of acceptance that substantiates the product has been delivered and is being used successfully in a live, production environment. During the first 4 weeks after go-live, the project team will begin to familiarize and transition the project to the Technical Support group. At the end of 4 weeks the Project Manager will arrange a formal hand-off involving the City, the CityView Project Manager and the CityView Support group formalizing the transition of any new defects, bugs and support issues to the Support team. X. Change Order Management X. Change Order Management To ensure timely and effective delivery of the project, the scope will be tightly managed. Project change control procedures will be reviewed with the team at the beginning of the project to ensure that they are clearly understood. This review helps establish a common understanding of the need for project change control and the mechanics for implementing any changes to the scope of the project. Any alterations to the project scope, budget, or schedule will be documented and authorized via the Change Control process. A Change Control refers to any modification and/or new development deviating from the baseline established in the Statement of Work and Scope Document. It includes changes to the software, database, training, consulting services, or related processes. Each modification (or group of modifications) to the Contract, Statement of Work, or Scope Document must be documented and approved by a Change Control Form. All potential changes are compared against the project baseline in terms of functionality, schedule, cost, upgrade capability, maintainability and resources. Change Control requests can be raised by any member of the CityView or the City Project Teams. The following steps will be followed with any changes to the baseline system: · The change control process will begin with a team member identifying a function or design alternative not already identified as part of the baseline system or a function that is part of the baseline but because of design issues may impact cost, schedule, or resources · The person requesting the change will complete a Change Control Form and forward it to the appropriate Project Manager to determine cost, resources, and schedule impact, and the PM will forward the request on to their counter-part. Once these are determined, approval by the CityView Project Manager and the City Project Manager is required. · Once approved (or denied), the change request is entered into the change control log and is placed on the agenda of the next Joint PM meeting Any impact to the cost, schedule and/or resources will be elevated to the City’s Project Sponsor and CityView Project Manager for their review and approval. X. Change Order Management Sample Change Order DocumentSample Change Order DocumentSample Change Order DocumentSample Change Order Document CHANGE ORDER DESCRIPCHANGE ORDER DESCRIPCHANGE ORDER DESCRIPCHANGE ORDER DESCRIPTIONTIONTIONTION Request Request Request Request Date:Date:Date:Date: Change #:Change #:Change #:Change #: Client / Project:Client / Project:Client / Project:Client / Project: Requestor:Requestor:Requestor:Requestor: Created ByCreated ByCreated ByCreated By Description of the Requested Change:Description of the Requested Change:Description of the Requested Change:Description of the Requested Change: List of attached documents:List of attached documents:List of attached documents:List of attached documents: Impact Assessment: Impact Assessment: Impact Assessment: Impact Assessment: Estimated impact to budget, work effort and schedule Total Estimated Cost:Total Estimated Cost:Total Estimated Cost:Total Estimated Cost: Planned Delivery Planned Delivery Planned Delivery Planned Delivery Date:Date:Date:Date: Payment Terms:Payment Terms:Payment Terms:Payment Terms: CHANGE ORDER APPROVACHANGE ORDER APPROVACHANGE ORDER APPROVACHANGE ORDER APPROVALLLL Comments By:Comments By:Comments By:Comments By: Date:Date:Date:Date: Comments: Print NamePrint NamePrint NamePrint Name SignatureSignatureSignatureSignature DateDateDateDate Client PM:Client PM:Client PM:Client PM: Client Executive:Client Executive:Client Executive:Client Executive: CityViewCityViewCityViewCityView PM:PM:PM:PM: CityViewCityViewCityViewCityView Executive:Executive:Executive:Executive: XI. Issues & Problem Resolution XI. Issues & Problem Resolution An issue refers to any matter that requires someone to make a decision, and about which no agreement has been reached or can be routinely reached. Typically, issues impede project progress until they are resolved. Change Control items may become issues if they’re not dealt with quickly, but Change Control items are specific to the process of authorizing design changes that impact scope, schedule or budget whereas issues can be related to anything about the project that needs to be decided. The CityView Project Manager will maintain an issue log and will assign responsibility for the resolution of project issues and reports progress to the City’s Project Manager and the CityView Project Team. Any Project Manager or team member can submit an issue for logging and resolution. Most project issues are expected to be resolved within the overall Project Team. If the issues are not resolved to the satisfaction of the Project Team, they may need to be escalated to the Project Executive Sponsor or appropriate level. Typical project situations requiring escalation include conflicting resource demands threatening project staffing, group dependencies not being met, scope disagreements and issues with functionality of the project's deliverables nearing release time. CityView escalation levels in the order listed below: 1. Project Manager 2. Director, Professional Services 3. VP Business Operations 4. Executive Vice President City escalation levels in the order listed below: 1. Project Manager 2. IT Director 3. City Manager ID Task Name Duration Work Start Finish Resource Names 1 CityView Modules PI,CE, BL, Portal)103 days 507 hrs Tue 1/3/17 Thu 5/25/17 2 Contract Signature 0 days 0 hrs Tue 1/3/17 Tue 1/3/17 CityView,Client 3 Kickoff Activities (Project Management Offsite)3 days 28 hrs Thu 1/5/17 Mon 1/9/17 4 Confirm Deliverables & Payment Milestones 2 hrs 4 hrs Thu 1/5/17 Thu 1/5/17 CityView,Client 5 Confirm project staffing 2 hrs 4 hrs Thu 1/5/17 Thu 1/5/17 CityView,Client 6 Provide copy of database 0.5 days 4 hrs Thu 1/5/17 Thu 1/5/17 Client 7 Pre-data collection preparation (offsite)2 days 16 hrs Fri 1/6/17 Mon 1/9/17 Client 8 Data Collection, Data Mapping, and Workbook Sessions (Remote)3 days 24 hrs Tue 1/10/17 Thu 1/12/17 9 Permits and Inspections 0.75 days 6 hrs Tue 1/10/17 Tue 1/10/17 CityView 10 Code Enforcement 0.75 days 6 hrs Tue 1/10/17 Wed 1/11/17CityView 11 Business Licensing 0.75 days 6 hrs Wed 1/11/17 Thu 1/12/17 CityView 12 Portal 0.75 days 6 hrs Thu 1/12/17 Thu 1/12/17 CityView 13 Data Collection - Customization & Workflow (Offsite)4.5 days 36 hrs Fri 1/13/17 Thu 1/19/17 14 Permits and Inspections 1.5 days 12 hrs Fri 1/13/17 Mon 1/16/17 CityView 15 Code Enforcement 1.5 days 12 hrs Mon 1/16/17 Tue 1/17/17 CityView 16 Business Licensing 1.5 days 12 hrs Wed 1/18/17 Thu 1/19/17 CityView 17 OffSite Configuration 45.38 days 156 hrs Thu 1/19/17 Thu 3/23/17 18 Permits and Inspections 5.25 days 21 hrs Thu 1/19/17 Thu 1/26/17 CityView[50%] 19 Code Enforcement 5.25 days 21 hrs Thu 1/26/17 Thu 2/2/17 CityView[50%] 20 Business Licensing 8.25 days 33 hrs Fri 2/3/17 Wed 2/15/17 CityView[50%] 21 Portal 16 days 64 hrs Wed 2/15/17 Thu 3/9/17 CityView[50%] 22 QA Configured Environment 10.63 days 17 hrs Thu 3/9/17 Thu 3/23/17 CityView[20%] 23 Environment Configuration Complete 0 days 0 hrs Thu 3/23/17 Thu 3/23/17 CityView 24 Customizations and Non-standard Configuration Design 13.75 days 55 hrs Fri 1/13/17 Wed 2/1/17 25 Customizations and Non-standard Configuration Design 9 days 36 hrs Fri 1/13/17 Wed 1/25/17 CityView[50%] 26 QA on Customization and Non-standard Configuration Design and Implementation 4.75 days 19 hrs Thu 1/26/17 Wed 2/1/17 CityView[50%] 27 Out of the Box - Review/Validate/Refine and Acceptance Testing 29 days 116 hrs Thu 3/23/17 Wed 5/3/17 28 OOTB Refinement Activities 17 days 68 hrs Thu 3/23/17 Mon 4/17/17 CityView[50%] 29 Customization Review / Refinement Activities 2 days 8 hrs Mon 4/17/17 Wed 4/19/17 Client[50%] 30 Client Acceptance Testing 10 days 40 hrs Wed 4/19/17 Wed 5/3/17 Client[50%] 31 Acceptance and Client Sign-Off - Final Environment 0 days 0 hrs Wed 5/3/17 Wed 5/3/17 CityView,Client 32 End User Training and Go-Live (Onsite)15.5 days 92 hrs Wed 5/3/17 Thu 5/25/17 33 Environment refresh and go live preparations 4 days 32 hrs Wed 5/3/17 Tue 5/9/17 CityView 34 Conduct End User Training and Go-Live User Assist (Onsite)5 days 40 hrs Mon 5/15/17 Mon 5/22/17 CityView 35 Configuration Training (Onsite)2 days 16 hrs Mon 5/22/17 Wed 5/24/17 CityView 36 Portal Training (remote)0.5 days 4 hrs Wed 5/24/17 Thu 5/25/17 CityView Page 1 Commission Meeting Agenda 11/15/2016 2:00 PM Camp Hancock Sewer Basin Outfall Infrastructure Rehabilitation Plan (IRP) – Phase 1 Design CIP Bond Project Department:Utilities Department:Utilities Caption:Motion to approve professional services contract with WK Dickson for Phases 1 and 2 of the Camp Hancock Sewer Basin Outfall IRP in the amount of $313,150.00. (Approved by Engineering Services Committee November 8, 2016) Background:On November 18, 20 1 4, t he Augusta-Richmond County Commission approved the proposed assignments of several 2014 CIP Bond Projects to numerous engineering firms in response to RFQ 13-124 . On August 1 8 , 2015, t he Augusta-Richmond County Commission approved the award for professional services to conduct the Camp Hancock Sewer Basin Outfall Infrastructure Rehabilitation Plan (IRP). Analysis:WK Dickson has presented a proposal in the amount of $313,150.00 for Phase 1 Design of the Camp Hancock Sewer Basin Outfall IRP plan recommendations. The scope includes CCTV/Coding/Cleaning of approximately 17,000 Linear Feet of sewer line in preparation for Phase 2 design. The project is in the Camp Hancock Sewer Basin and will improve the sanitary sewer system within the project area. Financial Impact:Funds are provided in 514043420-5425210/81500090-5425210 Alternatives:No alternatives are recommended. Recommendation:AUD recommends the Commission award a contract to WK Dickson in the amount of $313,150.00 for Phase 1 Design of the Camp Hancock Sewer Basin Outfall IRP plan recommendations. Funds are Available in the Following Funds are available in 514043420-54225210/81500090-5425210Cover Memo Accounts: REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Page 1 of 10 CONTRACT FOR GENERAL ENGINEERING SERVICES BETWEEN THE AUGUSTA UTILITY DEPARTMENT AND W.K. DICKSON & CO., INC. CAMP HANCOCK BASIN OUTFALL INFRASTRUCTURE REHABILITATION PLAN (IRP) IMPLEMENTATION A. PROJECT DESCRIPTION This project involves providing Professional Engineering Services related to assisting Augusta Utilities Department (AUD), for Phase 1 of the project with the option to renew under an amended Contract, in the implementation of the “Infrastructure Rehabilitation Plan for the Camp Hancock Basin ‐ Sanitary Sewer Interceptor” (IRP) as prepared for the City of Augusta Utilities Department by W.K Dickson, Inc. (WKD) and dated 3/17/16. During 2014 the basin was evaluated for combined systems as part of the EPD Consent Order requirements for the Augusta Utility Department (AUD). In the evaluation of the Camp Hancock area, it was determined through smoke testing and flow monitoring results, that this system did not yield any evidence of combined systems; however, it was noted that the operational conditions of this outfall was of concern. AUD retained the services of WKD in 2015 to evaluate the Camp Hancock trunk main, develop rehabilitation recommendations, prioritize the rehabilitation work and develop projected costs to be outlined in an IRP. This work was completed in March of 2016. The Camp Hancock Basin is in a predominately residential area but also serves the Augusta Municipal Golf Course, the Augusta Aquatics Center, Aquinas High School, the Charlie Norwood VA Medical Center, and Trinity Hospital. The system consists of 140 mains, totaling 31,506 linear feet (LF), with diameters in the 18”, 21” & 24” size range and includes 140 manholes. The primary purpose of this project will be to develop Construction Documents that will allow AUD to Bid and Contract with a Contractor(s) in order to facilitate rehabilitation measures as identified in the IRP. Augusta Utility Department (AUD) intends to implement the rehabilitation of Camp Hancock Outfall over a five (5) year period. This Contract, between AUD and CONSULTANT, will be for the first phase of the implementation (Exhibit A) and will be accomplished utilizing the following activities: • Develop rehabilitation construction documents which denote the required rehabilitation of each component within the system with sufficient detailing to aid in the execution of the rehabilitation of the Camp Hancock trunk main. The area of focus will be the lower portion of the outfall section that was identified in the IRP as having the most significant structural issues. Page 2 of 10 • CONSULTANT will provide for the cleaning and collection of CCTV/PACP data in sections of the Camp Hancock line which currently have no such CCTV/PACP data. This will be in the section prioritized for the second phase, so that the analysis of that section can be refined while the first phase is under construction. The sections are defined on Exhibit C. • Review of newly collected CCTV/PACP data for comparison and verification of rehabilitation recommendations previously made in the IRP on these sections missing CCTV data. • Assist AUD in the coordination of the chemical root treatment, utilizing AUD’s prequalified Contractor. • Develop Contract documents and technical specifications to be used in the Bidding process of Phase 1 outfall rehabilitation plan. • Assist in the bidding process, including Pre‐Bid meetings, Bid Openings, Requests for information and clarifications. • Construction Administration, including shop drawing review, periodic site visits, contractor pay request review, Final Inspection and closeout. • Provide construction observation on a periodic basis for the rehabilitation process. These types of projects are more sensitive to being there onsite during the construction. The periodic presence of the engineer representative will help validate the contractor performance. B. PROPOSED SCOPE OF SERVICES – PHASE I The CONSULTANT proposes to provide the following Scope of services for the fees listed under “Basis of Compensation”. Sub-Phase 1 – Professional Services: CONSULTANT will prepare Contract documents for AUD in order to invite bids for the construction of the sewer repairs and rehabilitation. This Scope of Services assumes that design drawings and specifications will be developed for the assets and rehabilitations identified in the IRP only and within the yearly allotted AUD budget. The design drawings will be submitted as CAD based drawings. The CONSULTANT will utilize existing plans, GIS data, field sketches and other sources available from the owner to prepare the documents for bidding. CONSULTANT will assist in bidding and general construction services. It is assumed that phase one (1) work will be implemented under one (1) construction contract; if additional construction contracts are required, this agreement will be amended to authorize additional engineering services and fees. Design Documents CONSULTANT will be responsible for the submittal of 90 percent and Final Bid Set documents that meet the following requirements: Page 3 of 10 Design Drawings 1. Cover Sheet 2. General Notes and Legend 3. Sheet Index 4. Sanitary Sewer Rehabilitation Sheets ‐ The plan sheets (22‐inch by 34‐inch) will contain a plan view for sewer rehabilitation at a horizontal scale of 1 inch equals 100 feet. Streets and other pertinent features shall be labeled for better field identification. The sheets shall also contain tables of applicable information such as pipeline rehabilitation method, diameter, material, stationing of point repairs, laterals, and manhole rehabilitation methods. This Scope of work assumes that profile sheets will not be required. If profile sheets are determined to be required for a given location, the Scope and budget will be amended to provide for these services. The drawings shall be reproducible in black and white without the need for color to distinguish information shown on the drawings. 5. Details as appropriate for the work, including but not limited to: • Sewer Installation Details • Generic Erosion and Sediment Control Details • Generic Traffic Control Details • Paving Details: GDOT and AED Specifications Standard specifications and Contract Documents will be provided by CONSULTANT to AUD. The CONSULTANT will be expected to provide: 1. Upfront CONTRACT documents for AUD’s use in the procurement process 2. Bid forms to be incorporated into the CONTRACT documents 3. Special Provisions Section (as applicable) 4. Contract Exhibits: Scope of service, site drawings, reports and other background information, as applicable and as generated performing Work related to other sections identified herein 5. Technical Specifications shall include, but not be limited to: • Temporary erosion & sediment control • Preconditioning of sewers and manholes • Flow bypass and/or diversion pumping • Cured‐in‐place pipe lining of existing sewer mains • Point Repairs • Utility and private service line repairs • Manhole interior rehabilitation • New or replacement manhole construction Page 4 of 10 • Pipe replacement by open‐cut • Paving Technical Review Ensuring a quality deliverable is the responsibility of the CONSULTANT. CONSULTANT shall have all progress drawings and specifications submitted to an internal technical review committee at the 90 percent completion milestone. The CONSULTANT's review committee shall consist of technical staff knowledgeable on the type of work designed and independent for the specific project. Following the technical review, design modifications shall be made by the CONSULTANT to finalize the construction documents. Completion of Construction Documents Presentation of the construction documents, plans and specifications, at the 90 percent completion will be made to AUD following the CONSULTANT's internal technical review. Following AUD's review, design modifications shall be made by the CONSULTANT and submitted to AUD as Draft Final Documents (Draft 100 percent). Upon approval, these documents shall be finalized and will be considered Final Documents (Final 100 percent). Prepare Final Cost Estimates The CONSULTANT will review and/or prepare detailed cost estimates based on the construction documents and submit the cost estimates to the AUD at the 90 percent and final design milestones. Permitting This Scope assumes that a City of Augusta Engineering Department and/or a Georgia Department of Transportation (GDOT) permit will be required. It is assumed that standard traffic control, erosion and sediment control details will be included in the design documents to assist AUD and/or the CONTRACTOR in securing the required permits. Efforts above and beyond this can be provided by the CONSULTANT if required, under an amendment. The CONSULTANT shall estimate the area of disturbance and will notify AUD immediately if the area of disturbance is found to be over 1 acre. It is assumed that stormwater permitting will not be required. In addition, wetland delineation, wetland or stream mitigation work and railroad permitting is not included in this Scope of Services but can be added by amendment if requested. Project Bidding The CONSULTANT shall provide services during the bidding phase to include providing technical interpretation of the Bid Documents, attending one (1) bid opening, evaluating one (1) Page 5 of 10 set of bids and recommending award, and preparing Contract Documents for signature. Conformed documents will be the responsibility of the CONSULTANT. It is assumed that the duration of the Bid Period will be eight (8) weeks and that the AUD will be distributing the bid packages. An additional two months is assumed from selection of the CONTRACTOR to the issuance of the Notice to Proceed. While a formal prequalification process is not anticipated, the CONSULTANT will work with the AUD to include qualification requirements in the Specifications that will be submitted by the bidders with the bids. General Services during Construction After award of the contract, CONSULTANT will assist the AUD with Contract administration and provide periodic observation of the construction work. It is anticipated that the construction period for the sewer rehabilitation project will be no longer than 6 months including 150 days for substantial completion and 30 days for final completion for total construction duration of 180 days. An increase in the construction schedule will require an amendment to authorize additional construction services. The CONSULTANT will provide general services during construction as described herein. In the performance of its services during the Construction Phase, the CONSULTANT shall not supervise, direct or have control over CONTRACTOR's work nor shall the CONSULTANT have authority over or responsibility for the means, methods, techniques, sequences, procedures of construction or safety precautions and programs incidental to the work selected by the CONTRACTOR(s), or for any failure of the CONTRACTOR's compliance with laws, rules, regulations, ordinances, codes or orders applicable to work. Administration of Construction Contract As part of general administration of the construction Contract, the CONSULTANT will consult with and advise AUD and act as its representative during the construction period. The CONSULTANT will provide contract administration and general services required for the Project, including: • AUD's representative for the duration of the construction contract, all communications to and from the CONTRACTOR shall go through the CONSULTANT. On behalf of AUD, the CONSULTANT shall administer the construction Contract, respond to CONTRACTOR's correspondence, and issue instructions from AUD; • Maintain a complete document file for the project. Documents to be maintained include, but are not limited to: correspondence, quality control procedures, quality control testing; site inspection records, shop drawing schedule, change orders, scheduling, project meetings, cost and disbursement data, progress reports and all other documents pertaining to the construction Contract; Page 6 of 10 • Hold a pre‐construction meeting and monthly progress meetings that will address critical schedule requirements, payment procedures, emergency procedures, schedule updates, coordination issues, change orders, quality assurance testing approvals, and any other issues related to completion of the project. One pre‐ construction meeting and 6 monthly progress meetings should be budgeted. • CONSULTANT shall submit a Work Summary spreadsheet that the AUD will utilize to report to Cityworks on areas that have been inspected or rehabilitated along with each monthly pay application by the CONTRACTOR. A comprehensive list is to be provided with each pay application identifying each pipe and/or manhole or other asset, and what was done (cleaning, lining, etc.). A sample Work Summary template will be provided by AUD for this spreadsheet. • CONSULTANT will address RFI’s from the CONTRACTOR in a timely manner. The project budget includes up to six (6) RFI’s for the project. Site Visits The CONSULTANT will visit the site (excluding visits coinciding with monthly progress meetings) to observe the progress and quality of the executed work of the CONTRACTOR and to determine, in general, if such work is proceeding in accordance with the Contract Documents. During the CONSULTANT's visits, and on the basis of on‐site observations, the CONSULTANT shall keep AUD informed of the progress of the work, shall endeavor to guard AUD against defects and deficiencies in such work, and may recommend to AUD disapproval or rejection of work failing to conform to the Contract Documents. It is understood that AUD does not desire to have the CONSULTANT provide full‐time inspection services. This Scope includes an average of 24 hours per week of site visits for 24 weeks. If additional site visits are required, this contract will be amended to provide such additional services. Shop Drawing Review The CONSULTANT will review and approve (or take other appropriate action with respect to) Shop Drawings and samples, the results of tests and inspections, and other data that the CONTRACTOR is required to submit for conformance with the design concept of the Project and compliance with the information given in the Contract Documents; and receive and review (for general content as required by the Specifications) instructions, guarantees, bonds and certificates of inspection which are to be assembled by the CONTRACTOR in accordance with the Contract Documents, and transmit them to AUD with written comments. This task includes review of the pre‐construction video performed by the CONTRACTOR and advice to AUD regarding CONTRACTOR's suggestions for additions or deletions of required rehabilitations and confirmation of the selected rehabilitation method throughout the life of the project. The CONSULTANT will review cured‐in‐place liner design calculations provided by the CONTRACTOR. Page 7 of 10 Preparation of Design Clarifications The CONSULTANT will issue necessary interpretations and clarifications of the Contract Documents; have authority, as AUD's representative, to require special inspection or testing of the work; act as initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the work there under, and make decisions on all claims of AUD and CONTRACTOR relating to the acceptability of the work or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the work. Work Change Directives will be issued to document required point repairs, CIPP lining and/or other rehabilitation methods added or deleted to the contract documents. This Scope does not include reissuing the drawings or design of open‐cut replacement. Quality Assurance Testing The CONSULTANT will specify the quality assurance testing that is necessary for the project in the construction specifications relative to its designs. Coupon testing required of the CIPP lining CONTRACTOR will be performed by CONTRACTOR at an independent testing laboratory. Review of Applications for Payment Based on on‐site observations and review of the applications for payment with the accompanying data and schedules, the CONSULTANT will determine the amounts payable to CONTRACTOR on a monthly basis. The CONSULTANT will then recommend by email to AUD, payments reasonably due to CONTRACTOR. Change Orders and Time Extensions The CONSULTANT will provide services in connection with change orders to the Construction Contract to reflect minor changes or deletions requested by AUD, CONSULTANT or the CONTRACTOR and make revisions to Drawings and Specifications occasioned thereby. An accurate listing of additional costs and credits as a result of change orders will be maintained by the CONSULTANT. Upon receipt of a requested change order, the CONSULTANT will review it in detail and then discuss it with AUD, and together, will determine the manner in which to proceed. Larger changes or claims asserted by CONTRACTOR and major redesigns requested by AUD may require additional analyses or evaluation beyond the Scope of this Contract. It is anticipated that up to 2 (two) change orders will be processed for the project. Final Inspections The CONSULTANT will conduct a walk‐through inspection with the CONTRACTOR and AUD to determine if the Project has reached substantial and/or final completion and prepare a punch list of work items remaining. The CONSULTANT will conduct one final inspection to determine if the work is acceptable, so that the CONSULTANT may recommend, in writing, final payment to the CONTRACTOR and may give written notice to AUD and the Page 8 of 10 CONTRACTOR that the work is acceptable. The CONSULTANT will observe the work of the CONTRACTOR to see that it has been completed in substantial accordance with respect to the Contract Documents prepared by the CONSULTANT. It is assumed that the CONSULTANT will review 100 percent of the post rehabilitation inspection videos provided by the CONTRACTOR prior to post‐rehabilitation inspection. Comments from review of post‐ rehabilitation inspection videos and the final inspection visit will be incorporated into the final punch list and forwarded to the CONTRACTOR. Final Completion At the conclusion of the project, the CONSULTANT will receive, review and transmit to AUD with written comments guarantees, bonds, certificates and post inspection videos and/or photographs that are required by the Contract Documents and provided by the CONTRACTOR. Record drawings indicating the implemented rehabilitation and replacement work will be the responsibility of the CONSULTANT and will be submitted in PDF and CADD format. To assist AUD’s endeavor in Asset Management, the CONSULTANT will provide AUD with GIS data files reflective of completed rehabilitated assets. AUD CONTRACTOR REHABILITATION RFP The CONSULTANT will prepare an open end rehabilitation work plan and request for proposals that meets the needs of the OWNER. It is our understanding that the objective of the request for proposals is to establish an on‐call list of prequalified contractors with various rehabilitation processes at set unit prices. The OWNER has reviewed other programs processes and would like the CONSULTANT to facilitate the evaluation of the processes and formatting that will work for the Owner. The following represents the proposed scoping for the development of this program: • CONSULTANT will gather up to two programs from existing systems and evaluate them against programs that the CONSULTANT has developed. CONSULTANT will help organize the pros and cons from each program. • CONSULTANT will organize an initial kickoff meeting with the key staff from the OWNER’s organization to review the findings and provide input on the types of controls and prequalification that the OWNER can support. • The CONSULTANT will develop a draft request for proposal with a technical memorandum of the pros and cons for the OWNER’s evaluation. This information will be delivered to the OWNER’s representative for input and comments. • CONSULTANT will attend a review meeting with the OWNER to coordinate comments and options for the program. • CONSULTANT will finalize the request for proposals for final delivery to the owner for use. Page 9 of 10 Sub-Phase 2 – Professional Services: Assistance with Cleaning and Collection of CCTV Data There are sections of Camp Hancock trunk main approximately 17,000 linear feet which requires cleaning and CCTV/PACP data collection. CONSULTANT will subcontract this service. Upon collection of the CCTV/PACP data by the SUBCONTRACTOR, CONSULTANT will review the available data for comparison and verification of rehabilitation recommendations previously made on these sections during the development of the IRP. CONSULTANT will amend rehabilitation recommendations based on any new findings. The sections to be reviewed are scattered throughout the remainder of the outfall and will require in some cases significant effort to access the structures and or get equipment to the manholes. It is anticipated that the OWNER will provide the necessary access to the structures such that equipment can reach the structure, water supply for the cleaning process and disposal site for the solids from the cleaning without a fee. The OWNER will also be required to provide spot excavation to retrieve any cleaning, cutting or CCTV equipment that becomes logged in the pipe. The CONSULTANT will coordinate the delivery of MACP/ PACP database coded videos of the proposed sections and comparing this information to the previous IRP results that were estimated. This data will be used to plan the remaining CIP sections for this outfall, Because of the unpredictable nature of these types of projects this work is proposed to be provided on a daily basis. It is estimated that the full services will take 21 days of field services working ten hour days to complete the cleaning and CCTV work. This work will be completed on a daily rate and will allow the final cost to be adjusted to reflect the field conditions. C. TIME OF PERFORMANCE 1. CONSULTANT will begin work within ten (10) days of Notification to Proceed and work diligently to complete the Scope of Services. It is anticipated that the first phase of this project will require approximately fourteen (14) months to allow for construction. D. MISCELLANEOUS 1. Additional Services AUD may request additional services from time to time. These services will be provided on an as‐needed basis only when requested by AUD. Should the need arise for additional services during the course of the project; the CONSULTANT will be pleased to provide AUD with an estimated cost prior to authorization of additional services 2. Services Not Included AUD reserves the right to amend this Agreement so that the CONSULTANT may furnish additional services such as those listed below. Additional compensation for additional services rendered will be provided by AUD based on negotiated terms. Page 10 of 10 • Pre‐ and/or post‐rehabilitation flow monitoring • Evaluation of aerial stream crossings • Rerouting/Relocation of existing facilities • Geotechnical services • Preparation of easement plats • Hydraulic capacity evaluations • Open‐cut design • Professional Engineering services related to additional or extended design, bidding, and construction services • Additional permitting not indicated in Scope (railroad, wetlands, etc.) E. COMPENSATION Basic Services The OWNER shall pay the CONSULTANT for services set forth in Scope of Services as follows: Sub‐Phase 1 – Professional Services: $192,400.00 Sub‐Phase 2 – Professional Services: $120,750.00 CAMP HANCOCK BASIN OUTFALL Phase 1 IMPLEMENTATION PHASE I – CAMP HANCOCK SCHEDULE – Sub-Phase 1 – Construction Documents 90% - 100 Days AUD 90% Construction Documents Review - 20 Days Sub-Phase 1 – Final Construction Documents - 20 Days AUD 100% Review Approval - 20 Days Bidding/Contracting - 140 Days Sub-Phase 1 – Construction Phase - 185 Days Concurrent with Sub-Phase 1: Sub-Phase 2 – CCTV/Cleaning - 120 Days Commission Meeting Agenda 11/15/2016 2:00 PM Minutes Department: Department: Caption:Motion to approve the minutes of the regular meeting of the Commission held November 1, 2016 and Special Called Meeting November 8, 2016. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda Commission Chamber - 111112016 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 Joseph Lennon, Senior Pastor, Augusta First Church of the Nazarene. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE LINITED STATES OF AMERICA. PRESENTATION(S) A. Presentation by Ms. Becky Shealy, Interim Director Daniel Field Airport Item regarding Daniel Field Airport. (Requested by Commissioner Dennis Action:Williams) nescheduled lB ItemAnorovalsheet.html Motions Motion Type Motion Text Made Seconded MotionBy By Result This item is rescheduled to the next Commission meeting. CONSENT AGENDA (Items 1-13) PUBLIC SERVICES 1. Motion to approve New Ownership Application: A. N. 16-35: a request by Item Charles Kendrick for an on premise consumption Liquor, Beer, & Wine Action: License to be used in connection with Kush located at 2864 Deans Bridge Rd. Approved There will be Dance. District 2. Super District 9. (Approved by Public ADMINISTRATIVE SERVICES 2. Motion to approve the Abandon Property Task Force and ask Housing & Item Community Development, Marshal's Department, Code Enforcement and Action: Environmental Services to meet with representatives from Mt. Calvary Baptist Approved 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) Services October 25, 20lG) IB Kush.ndf lE ItemAoorovalsheet.html Motions Y.*:"' Morion Text Made ByI ype Motion to ^ SDDrOVe.APProve uotlon passes 9- 0. lB ItemAoorovalsheet.html Motions X:t:" Motion Text Made ByI ype seconded By Motion Result Commissioner Commissioner william Lockett Ben Hasan Passes Seconded By Motion Result Motion to Approve i||,,#;,sses e- $",il,T#il[:* S:f#;[f*' passes 0. 3. Motion to approve the award of the RFP for PBM (RFP #16-236) to Magellan Item and authorize the Mayor to execute the approved contract for a period ofth... Action: years. (Approved by Administrative Services October 2512016) Approved lE l6-236 Request for Pronosal senl fo newsnrner revi(G.t h.tf B ro-zlc tag onRlctA,L.oot B tO-ZlO Cumulative Eval Phese Il - Aoenrtq Iram nrrr IB Process Reqarding RFPs.pdf B Mail List_and Demandstar planholders.odf E l6-236 Deoartment Recommendation of Award.odf lB ItemAnorovalsheet.html Motions *l:"' Morion Text Made By Seconded By Motion I ype '.---- -r Result Motion to Approve illl,Xl';,sses e- fi,",il,T#i::i:,, ;:ffi;::f*' passes 0. PUBLIC SAFETY 4. Motion to amend the contract between Richmond County Correctional Item Institution (RCCI) and Trinity Services Group, Inc. to reflect changes in the cost Action: of meals. (Approved by Public safety october 25,2016) Approved lB AmendmentJo Manual_Food Sen'ice_Agreement.odf lE ItemAnorovalsheet.html Motions X:jl" Motion Text Made By seconded By MotionlYPe ----- -'t -----'--- -J Result Motion to Approve il5,,1],'i,,sses e- |"",il,Tjiil:i:.. S:f#::f*' passes 0. 5. Motion to approve the award of RFQ Item #16-198 Architectural Design Item Services to Johnson Laschober & Associates and authorize the Mayor to execute Action: the appropriate documents. (Approved by Public Safety Committee October Approved 25,2016) lB 2016-9-16 Arrhitectural Services Contract (clean).pdf E I6-198 RFO Sent_ro_Paper.pdf B to-lqs rA,s.nar lEl l6-198 Eval Cumulative Final.pdf B le-tSt Denarfment Recommpnrlcfinn nf Au,arrl nrlf E Process Resardins RFOs.odf IB Pre Oualification Sisn In Sheet Telephone Conference.odf B Mail List and Demandstar planholders.pdf lB ItemAnorovalsheet.html Motions Y.:l:"' Motion Text Made By seconded By Motion r YPe u!!uuu!u uJ Result Motion to Approve ffifffi"sses e- $",ll,T#'J:[:. ;:f#::f"' passes 0. ENGINEERING SERVICES 6. Motion to approve change order #l for construction of the Goodrich Street Raw Item !at9r Pumping Station(RWPS) in the amount of $l ,122,307.00. (Approved by Action:Engineering Services committee october 2512016) Approved lB Chanse Order Letter.pdf B ZEL aporoval-Rubv Collins Chanee Order No. l.odf lB ItemAporovalsheet.html Motions *j:'" Motion Text Made By seconded By Motion I ype -.---- -.t Result Motion to Approve iflffir,sses e- $"'il'f iffi:., ;:fffi::f"' passes 0. 7. Motion to approve Change Order for Professional Services for Goodrich Street Item RWPS. (Approved by Engineering Services Committee October 25r2016) Action: Approved lB ZEL-CO lefter-Goodrich Street RWpS.pdf lB ltemApprovelsheet.html Motions X:'1"' Motion Text Made By seconded By MotionlYPe ''---- -r Result Motion to Approve il5,,#r"sses e- fi,iilT,fil:i:.. ;:f#::f*' passes 0. 8. Motion to approve the award of Bid #16-239 for the extension of water and Itemsanitary sewer services at Gordon Highway and Jimmie Dyess parkway. Action: (Approved by Engineering Services October 25,2016) IB 20161011 AUD 2015-026-Siremap.pdf tE l6-239_IT8 - Newspap€r,correction.pdf B tAB SHEET oprlctal-.odr B lo-zlg l,lpn.par lB l6-2J9 Department Recommendation of Award - Needs to be rrvised snellins of comnanv name.ndf B Mail List_and_Demendster Phnholders.pdf lB Jimmie Dvess Memorandum.ndf lB ltemAoorovalsheet.html Approved 9. Motion to determine that the Alley between 512 Reynolds Street and 514 Item Reynolds Street as shown on the attached plat has ceimed to be used by the Action: public to the extent that no substantial public purpose is served by it or that its Approved removal from the county road system is otherwise in the best public interest, pursuant to O.C.G.A.532-7-2,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'l lBallev between 5t2 and 514 Revnold St.ndf Motions +'#:" Motion rext Made Bv Motion to ^ aDDrOVe.APProve uotion passes 9- 0. lE ltemApprovalsheet.html Motions X:j:" Motion rext Made ByI ype Motion to ^ dDDrove.APProve vtotion passes 9- 0. seconded By Motion Result Commissioner Commissioner William Lockett Ben Hasan ' Pu"t' Seconded By Motion Result Commissioner Commissioner William Lockeff Ben Hasan Passes 10. Motion to approve Utilities Department Contract Redetermination with Fort Item Gordon and Authofize Additional Positions. (Approved by Engineering Action: Services Committee October 25, 2016)Approved lB 20160926 FG prop Ors Chart wo names.pdf E ItemAnprovalsheet.html Motions Motion rr^a:^_ ,T!^_-. f,r- r_ n ^ Motion;"-'"" Motion Text Made By Seconded Byrype - ----- -" Result Motion to a _-_-_.__-- approve. Commissioner CommissionerApprove Motion passes 9- William Lockett Ben Hasan Passes 0. PETITIONS AND COMMUNICATIONS 11. Motion to approve the minutes of the regular meeting of the Commission Item held October 18, 2016 and Special Called Meeting October 25,2016. Action: Approved B Reguhr Commission Meetins October l8 20l6.pdf lE Crlled Commission Meetins October 25 20l6.pdf lB ltemApprovalsheet.html Motions X:-*1" Motion Text Made By seconded By Motion'IvDe - ----- --t ResultJt - Motion to a., approve. Commissioner CommissionerApprove Motion passes 9- william Lockett Ben Hasan Passes 0. APPOINTMENT(S) 12. Motion to approve the appointment of Mr. Roy Jones to the ARC Library Item Board of Trustees representing District 6. Action: Approved El Rov Jones Talent Bank_Form.ndf lB ltemApprovalsheet.html Motions X]j:" Motion Text Made By seconded By Motion I vne -- -r ResultJI Motion to ^ aDDrove.Approve vtotion Passes g- 0. Motion to approve the appointment of Mr. Brian Citizens Advisory Board representing District 9. Commissioner Ben Hasan Passes Mosley to the ARC Transit ltem Action: Approved Commissioner William Lockett 13. E Brian Moslev_Talent_Banh_Form.ndf E ItemAonrovalsheet.html Motions Motion-^"""" Motion Text'r'ype Motion to ^ aDDrove.APProve uotion passes 9- 0. Made By Commissioner William Lockett seconded By Hr|il Commissioner Ben Hasan Passes :K***END CONSENT AGENDA**** AUGUSTA COMMISSION 1uu20t6 AUGUSTA COMMISSION REGULAR AGENDA tuU20t6 (Items 14-17) ADMINISTRATIVE SERVICES 14. Motion 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 committeel Received as information commission meeting 10-4-16) lB Housing and Communi8 Development Department presentation.pdf E ltemAoorovalsheet.html Motions Motion;- ---- Motion Textrype Made By Seconded By Motion Result Motion to approve. Voting No: Approve ;:***m, |"",i,T#I:ffi:, ;:rffi::,f*. passes Motion Passes 8-1. 15. Consider information/documentation as tasked by the Commission in its ltem October 4,2016 meeting from the Administrator regarding the status of pay for Action: the ex-officio member of the Planning Commission andlor whether anyone on Approved the Planning Commission was authorizedto be paid as of 2011 reorganization. @ Bvla$'s - Plannins Commission.pdf E Ordinance regarding Planninq Commission.pdf IE Ordinance No. 7272.odf [B Uin. Comm. 10.4.16 Ex Office Pav.ndf lB Aonroval Letter November l5 20ll.odf E ltemAoorovalsheet.html Motions Motion Motion Textrype Motion to approve ratification of the portion of the bylaws of the Planning Commission with regard to the compensation whereby the Chairman will receive Approve $250 and the members will receive $150. Mr. M. Williams abstains. Voting No: Commissioner Wayne Guilfoyle, Commissioner William Lockett. Motion Passes 6-2 -1. Motions Made By Commissioner William Fennoy seconded By Htj|I Commissioner Ben Hasan Passes Motion Type Approve Motions Motion Type Approve Motion Text Motion to approve reconsidering the previous action on this item. Mr. Lockett out. Mr. M. Williams abstains. Motion Passes 7-0 -1. Made By Seconded By Motion Result Commissioner William Fennoy Commissioner Mary Davis Passes Motion Text Motion to approve compensation of the Planning Commission members as follows: compensation shall be paid to those members that attend the regular monthly meeting, the amount of compensation shall be the Chairman of the Planning Commission shall receive S250.00 per month and all other members receive $150.00 per month and such pay shall be inclusive from the time that the 201I r eor ganization occurred and to recognizethatthe Augusta, Georgia Planning Commission is the entity created by both the City of Augusta and Richmond County prior to the consolidation of these governments and to recoginze the benefit to the Planning Commission of having a member of the Augusta, Georgia Commission serve as an ex- officio liaison and to Made By Seconded By Motion Result Commissioner Ben Hasan Commissioner -:"""'i'":r"-^ FailsJammle slas approve compensation of $150.00 per meeting attended to be provided to such a liaison from Planning Commission funds. Mr. Fennoy and Mr. M. Williams abstain. Mr. Lockett out. Voting No: Commissioner Wayne Guilfoyle, Commissioner Dennis Williams. Motion Fails 4-2 -2. Motions Motion Motion TextI'ype Motion to approve reconsidering the action just taken. Mr. Fennoy and Mr. M. Williams Approve abstain. Mr. Lockett out. Voting No: Commissioner Sammie Sias. Motion Fails 5-l -2. Made By Seconded By Motion Result Commissioner Commissioner Ben Hasan Mary Davis Falls Motions f#:" Motion rext Motion to approve -Approve :*Tl*iie "elia" $"#HH:iXl,,.tlem I ). Made By Seconded MotionBy Result Dies for lack of Second FINANCE 16. Motion to approve execution of non-binding loan application with Georgia Item Environmental Facilities Authority (GEFA) for a Waste to Energy Project in Action: an amount not to exceed $62 million and transmit to GEFA by close of Disapproved business November 1, 2016. (Requested by commissioner wayne Guilfoyle) El ItemApprovalsheet.html Motions Motion;------ Motion Textrype Motion to approve. Mr. M. Williams abstains. Mr. Lockett out. Voting No: ^ CommissionerAPProve Ben Hasan, Commissioner Sammie Sias, Commissioner Dennis Williams. Motion Fails 4-3 -1. Made By Seconded By Motion Result Commissioner William Fennoy CommissionerWayne Fails Guilfoyle ADDENDUM 17. Motion to go into an Executive Session. Motions Motion Motion TextIype Motion to go into an executive session to discuss pending and Approve potential litigation. Mr. Guilfoyle and Mr. Lockett out. Motion Passes 7-0. LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. seconded By ffff Commisioner. Passessean t rantom Made By Commissioner William Fennoy Item Action: Approved Item Action: Approved 18. Motion to approve execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Motions Motion tr .. ,- Motion;"""- Motion Text Made By Seconded By't'ype ''---- -'t ----"--- -r Result Motion to approve. Mr. ^ Lockett and Mr. Commissioner CommissionerApprove Guilfoyle out. william Fennoy Sammie Sias rasses Motion Passes 7-0. Upcoming Meetings www.auqustaga.gov CALLED MEETING COMMISSION CHAMBER November 8,2016 Augusta Richmond County Commission convened at l1:00 a.m., Tuesday, November 8, 2016, the Honorable Hardie Davis, Jr., Mayor, presiding. PRESENT: Hons. Sias, Frantom, M. Williams, Smith, Fennoy, D. Williams, Hasan and Davis, members of Augusta Richmond County Commission. ABSENT: Hons. Lockett and Guilfoyle, members of Augusta Richmond County Commission. Mr. Mayor: I'll call the meeting to order. The Chair recognizes Attomey 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 discuss pending and potential litigation and real estate and personnel. Mr. Fennoy: A motion to approve. Mr. Sias: Second. Mr. Mayor: All right. Mr. Sias: Request a roll call. The Clerk: All right. Ms. Davis. Absent. Mr. Fennoy. Mr. Fennoy: Yes. The Clerk: Mr. Frantom. Mr. Frantom: Yes. The Clerk: Mr. Guilfoyle. Mr. Speaker: Out. The Clerk: Mr. Hasan. Mr. Hasan: Yes. The Clerk: Mr. Lockett. Absent. Mr. Sias. Mr. Sias: Here. The Clerk: Mr. Grady Smith. Mr. Smith: Yes. The Clerk: Mr. Dennis Williams. Mr. D. Williams: Yes. The Clerk: Mr. Marion Williams. Absent. Mr. Hasan: Can we go? The Clerk: Yes, sir. Mr. Hasan: Got a here. I ain't got a yes. Mr. Sias: Here. Yes. Mr. Hasan: All right. Ms. Davis and Mr. M. Williams out. Motion carries 6-0. ILEGAL MEETING] Mr. Mayor: All right. Mr. MacKenzie. 2. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Mr. MacKenzie: I would entertain a motion to execute the closed meeting affidavit. Mr. Hasan: So move. Mr. Fennoy: Second. Mr. Mayor: Voting. Motion carries 8-0. Mr. Mayor: The Chair recognizes Attorney MacKenzie for a motion. Mr. MacKenzie: I would entertain a motion to approve subordination agreements with the property located at 2305 Prescott Place owned by Joshua Owens in the amounts of $5,000 and $21500 and to authorize the Augusta, Georgia Director of Housing and Community Development subject to the approval of the Administrator and General Counsel to settle, amend, modify or terminate any real estate agreement or loan in connection with the Department of Housing and Community Development for such settlement, amendment, modification or terminations not greater than $251000. Mr. Fennoy: So move. Mr. D. Williams: Second. Mr. Mayor: I've got a motion and a second. No further discussion, voting. Mr. M. Williams votes No. Motion carries 7-1. Mr. Mayor: The Chair recognizes Attorney MacKenzie for a motion. Mr. MacKenzie: I would entertain a motion to approve a resolution as well as an encroachment agreement and quit claim deed relating to the property located at 823 Broad Street approximately 220 square feet of encroachment as well as a remnant piece of property to be sold to 823 Broad Street LLC. Mr. Fennoy: So move. Mr. D. Williams: Second. Mr. Mayor: A motion and a second. There be no additional discussion, voting. Mr. M. Williams votes No. Motion carries 7-1. Mr. Mayor: Attorney MacKenzie. Mr. MacKenzie: I would entertain a motion to approve a starting salary of $951000 for the Airport Director of Engineering candidate Adrienne Ayers-Allen. Mr. Fennoy: So move. Mr. Hasan: Second. Mr. Mayor: I've got a motion and a second. Voting. Motion carries 8-0. Mr. Mayor: Attorney MacKenzie. Mr. MacKenzie: I would entertain a motion to approve the hiring of 911 Director candidate Daniel Dunlap with a starting salary of $102,000. Mr. Fennoy: So move. Mr. D. Williams: Second. Mr. Hasan: Did we have that discussion? Did I miss that? Mr. Mayor: We did. Mr. Hasan: I was asleep then. Mr. Mayor: You were. Mr. Hasan: Are you serious? Oh, man. Mr. Mayor: Do I need to get you a cup of coffee? Mr. Hasan: No, I'm going to need something stronger than coffee. Mr. Mayor: Okay. Mr. Hasan: I've missed that whole conversation because I - Mr. Mayor: Would you speak into the microphone? Are you ready to vote? Mr. Hasan: No, sir, I'm not. And I sincerely apologize to you and the audience too because I really missed that one. My position was trying to, before we make the hire, I know that the SherifPs Department had an interest in this as well seeing that he received about 85% of the calls and that's not to say we didn't find no reputable candidate, I think Ms. Jackson probably (inaudible) a very good candidate. Let thern kind of look at it before we do that. Let the Sheriff come in and make an appeal and if we want to do something different, do something different but I think he has expressed a genuine interest in this 9l l being under his control. I know some have concerns about the 911 fees. I spoke to Ms. Williams yesterday, Donna Williams, the Finance Director, and it seems that we from our General Fund, we subsidize that one whether we hire a director of whether it comes up under the Sheriff s Department. And so with that being said I was hoping that we would consider that. Once again I apologize, I was really asleep at the wheel. Mr. Mayor: I think based on what I just heard I'm going to let you drive a golf cart from this (inaudible) forward. Mr. Mayor: I appreciate your candor with that. I certainly have not had any conversation with the Sheriff with regards to that idea and he's come and talked to me about a variety of matters as you well know and I think you know we're not going to even ask the question of germaneness with what's going on right now but we can entertain that discussion as we move forward. Right now I'd like to go ahead and vote on this matter if you don,t mind. Mr. Hasan: And what that was again, if you don,t mind? Mr. Mayor: Say that again. Mr. Hasan: I was asking you exactly what was that? The motion? Mr. Mayor: The motion is to adopt the salary of $102,000 starting for the position of 911 Director Daniel Dunlap. That is what's before us. Mr. Hasan: Ms. Jackson might have spiked my coffee. Mr. Mayor: We've got a motion and a second. The Clerk: I need the motion. I didn't get it. I'm sorry. Mr. Mayor: The motion came from the commissioner from the l't and the second came from the commissioner from the 2'd. Voting. Mr. Hasan votes No. IVtotion carries 7-1. Mr. Mayor: For the commissioner from the 6ft with a license from the Cracker Jack box today. Mr. Hasan: I accept that. Mr. Mayor: we'll have a separate meeting to talk about that matter. worthy of discussion. All right. Mr. Speaker: (inaudible) Mr. Mayor: That is correct. I think it is certainly Mr. Hasan: I heard that. I don't know what you're telling him. I'm just going through the motions. Mr. Mayor: All right. Attomey MacKenzie. Mr. MacKenzie: The next motion would be a motion to increase the monthly supplement to Judge Richard Slaby from $300 per month to $500 per month startingJanuary 1,2017. Mr. Smith: So move. Mr. Fennoy: Second. Mr. Mayor: We've got a motion and a second. All right. I got him, I got him. All right the Chair recognizes the commissioner from the 4ft for an inquiry. State your inquiry. Mr. Sias: Thank you. I just want to ensure that based on what the discussion was that motion should have within present budget. That was missing. Mr. MacKenzie: That would be done as part of your approved budget. It won't have any increase in the budget but you'll approve that separately. Mr. Mayor: To the commissioner from the 4ft it's not necessary that that caption be added on to the back of that motion. That was to be understood pursuant to all of our conversation through this issue and the next one and the next one. Mr. Sias: Well, I'm trying not to be like that six that missed the bus. Mr. Mayor: Yeah, I understand. Don't get on that train. Don't get on that train. All right, we've got a motion and a second. Voting. Mr. M. Williams abstains. Motion carries 7-1. Mr. Mayor: I recognize Attorney MacKenzie for a motion. Mr. MacKenzie: Next item would be a motion to increase the salary of Mark Bowen from $65,000 to $801000 starting January lr2017. Mr. D. Williams: So move. Mr. Smith: Second. Mr. Mayor: A motion and a second. Voting. I don't know what it is with you two. Maybe it's the division of two, six minus four. I don't know. Mr. Sias: That's old school. The Clerk: That's arithmetic. Mr. M. Williams abstains. Motion carries 7-1. Mr. Mayor: This is no more than election dayjocularity. We go high. We go high. The Chair recognizes the attorney. Mr. MacKenzie: The next item would be a motion to approve funding for consulting services supplemental agreement 8 to Cranston Engineering Group PC in the amount oi $299,575.00 for the Rocky Creek/Warren Lake-Augusta Canal Basin Dredging Project asrequested by AED. Mr. Fennoy: So move. Ms. Davis: Second. Mr. Mayor: We've had a motion from the 1't and a second from the 3'd. Voting. Motion carries 8-0. Mr. Mayor: The Chairrecognizes the commissioner from the l't for an inquiry. State your inquiry. Mr. Fennoy: Did we address the Probate Court Judge? Mr. Mayor: Well, there was no action necessary. Mr. Fennoy: Okay, all right. Mr. Mayor: All right. Mr. MacKenzie, is there anything else before us? Mr. MacKenzie: That's all I have, thank you. Mr. Mayor: All right. Fantastic. [MEETING 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 November 8,2016. Clerk of Commission Commission Meeting Agenda 11/15/2016 2:00 PM FY 2017 Transit Planning Services Contract Department:Planning & Development Department Department:Planning & Development Department Caption:Motion to approve the FY 2017 Transit Planning Services contract between Augusta, Georgia and the Georgia Department of Transportation. Background:The Planning and Development Department provides transit planning services for Augusta Public Transit as part of the Augusta Regional Transportation Study (ARTS). The scope of these services is outlined in the ARTS Unified Planning Work Program and funding for them is subject to renewal each year through a contract with the Georgia Department of Transportation. Analysis:Approving the contract will ensure continued funding for the transit planning work elements included in the ARTS Unified Planning Work Program and implemented by staff of the Planning & Development Department. Financial Impact:The contract stipulates that the Georgia Department of Transportation will reimburse the city for ninety percent (90%) of the eligible costs incurred, consisting of eighty percent (80%) Federal Transit Administration funds and ten percent (10%) Georgia Department of Transportation funds. The remaining ten percent (10%) local match of $20,232.20 will be included in the budget for the Planning and Development Department. Alternatives:None recommended Recommendation:Approve the FY 2017 Transit Technical Services contract between Augusta, Georgia and the Georgia Department of Transportation Funds are Available in the Following Accounts:Cover Memo REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 11/15/2016 2:00 PM Animal Services Ordinance Amendment Department:Animal Services Department:Animal Services Caption:Motion to authorize the Law Department to prepare a proposed amendment for the Animal Services ordinance adopted earlier this year to incorporate recent changes to state law and to amend the Animal Services Advisory Board By-Laws Section XX. (No recommendation from Public Safety Committee November 8, 2016) Background: Analysis: Financial Impact: Alternatives:Disapprove motion. Recommendation:Approve motion. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 11/15/2016 2:00 PM Approve fiscal year 2017 budget Department:Administrator Department:Administrator Caption:Motion to approve proposed FY 2017 budget for Augusta Georgia. Background:Local ordinance requires the budget for the upcoming fiscal year be adopted at the second meeting in November. Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo AUGUSTA, GEORGIA BUDGET RESOLUTION FOR FISCAL YEAR 2017 A RESOLUTION ADOPTING A BUDGET FOR THE FISCAL YEAR 2017 FOR EACH FUND OF AUGUSTA, GEORGIA APPROPRIATING THE AMOUNTS SHOWN IN EACH BUDGET AS EXPENDITURES, AND ADOPTING THE ITEMS OF ANTICIPATED FUNDING SOURCES FOR 2017. WHEREAS, A proposed Budget for each of the various Funds of Augusta, Georgia has been presented to the Augusta, Georgia Commission and, WHEREAS, appropriate advertised public hearings have been held on the 2017 Proposed Budget as required by State and Local Laws and Regulations; and, WHEREAS, the Augusta, Georgia Commission has reviewed the Proposed Budget and has made certain amendments to Funding Sources and Appropriations; and, WHEREAS, the budget for each Fund includes Appropriations for Fiscal Year 2017 incorporates certain levels, assessments, fees and charges to finance these expenditures and lists the Anticipated Funding Sources; and, WHEREAS, each of the Funds has a balanced budget, such that Anticipated Funding Sources equal Proposed Expenditures; NOW, THEREFORE, BE IT RESOLVED that this Budget is hereby adopted specifying the Anticipated Funding Sources for each Fund and making Appropriations for Proposed expenditures to the Departments or Organizational Units named in each Fund as is more specifically shown and designated on Attachment "A" which is incorporated herein by reference and made a part of this Resolution. BE IT FURTHER RESOLVED that the Budget shall be amended so as to adapt to changing governmental needs during the fiscal year as follows, such amendments shall be reorganized as approved changes to this resolution in accordance with O.C.G.A. § 36-81-3(d): (1) Nothing contained in this Code section shall preclude a local government from amending its budget so as to adapt to changing governmental needs during the budget period. Amendments shall be made as follows, unless otherwise provided by charter or local law: (2) Any increase in Appropriations at the legal level of control of the local government, whether accomplished through a change in anticipated revenues in any fund or through a transfer of appropriations among departments, shall require the approval of the governing authority. Such amendments shall be adopted by ordinance or resolution. Adopted this day of , 2016 Hardie Davis Jr. As its Mayor Attest: Lena J. Bonner, Clerk of Commission Seal: Commission Meeting Agenda 11/15/2016 2:00 PM Appointment Butch Gallop Department: Department: Caption:Motion to approve the appointment of Mr. Butch Gallop to the Augusta Economic Development Authority to the seat held by Ron Brown. (Requested by Commissioner Bill Fennoy) 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 persons desiring to volunteer their services on the Commission for Augusta-Richmond County. Authority, Board or NOTE: Any information entered on this questionnaire would become public information uponyour appointment. Date t L */ l. Name: 2. Home Phone:Business Phone:qq 3. 4. E^ t;TVe Address:€tt Dr. At,a5 o7c7 Street 5. 6. 7. 8. 10. 11. 12. I Date of Birth: (*-l l* 51 Registered Voter: Yes l,/ No - Voting District: Marital Status: Single Married Engaged 9. Education:High School College Relatives working for the City/County: African American Spanish Surnamed 13: List Boards you presently serve on: lV i * Cru.l, Cpunty State v Zt K iC-Jlrvltti1d ,,- Sex: Male ,r/ Female Separated *l lo v-d -_t,/i /e.s American Indian Divorced Asian American Other UPDATE: o9/28/r5 NA]VIE OF BOARD DEVELOPMENTAI.ITHORITY OF RICHMOND COUNTT Remer Brinson 4-W. APPOINTED rolo8/o8 lo/o8/o8 ro/o7loB roloTloB EXPIRATION 6lq/t 6lq/t 6loglrr 6loglrr MEMBER Ron Brown Pat Schaffer Ulmer Bridges TER]VI 4-W. 4-W. 4-yr. Terry Elam Michael Schepis Brenda Bonner Steven Kendrick Henry Ingram Attorrrey: Meeting Date: Where: g/o6/os s/o6/os glo6/os slos/rs g/o6/os 6/oslog 6/oelog 6/oslog 6/oSlrz 6/oslog 4yr. 4yr. 4W. 4yr. 4yr. Executive Director:Walter Sprouse, (Zo6) 8zr-r3zr Created: Robert C. Hagler (Zo6) 724-oLT7 Third Wednesday of each month at ro:oo A.M Augusta Economic Development Authority Historic Enterprise Mill, Suite 56o, r45o Greene Street Augusta, GA 3o9O1 Pursuant to O.C.G.A . 36-62-o4 Commission Meeting Agenda 11/15/2016 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