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HomeMy WebLinkAbout2017-08-15 Meeting AgendaCommission Meeting Agenda Commission Chamber 8/15/2017 2:00 PM INVOCATION:Pastor James Murray, Jr., Senior Pastor, Bible Deliverance Temple. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. RECOGNITION(S) The Georgia Soul Basketball Team A.Congratulations! The Georgia Soul Basketball Team for winning the National Championship. (Requested by Mayor Hardie Davis, Jr.) Attachments Five (5) minute time limit per delegation DELEGATIONS B.Reverend Herman Jackson, regarding the relocation of the Christian Fountain Baptist Church from Hyde Park. Attachments C.Mr. Bill Lockett regarding update Age-Friendly Augusta. Attachments CONSENT AGENDA (Items 1-20) PLANNING 1. Z-17-27 - A request for concurrence with the Augusta Georgia Planning Commission to approve with the conditions listed below; a petition by The Foundation for EDS, Inc requesting a Special Exception to establish an auxiliary campus for Episcopal Day School per Section 26-1 (b) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing approximately 28 acres and known as 1309 and 1337 Flowing Wells Road. Tax map 029-0-041-02-0 and 029-0- Attachments 041-07-0 1. The site plan submitted must be consistent with the concept plan dated September 13, 2016 and submitted with this petition. 2. The site plan review will determine if a traffic study is needed or if sidewalks must be installed on the west side of Flowing Wells Road. 2. Z-17-29 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the conditions listed below; a petition by Matt Mills of Southeastern Company, on behalf of Barbara Sims, of Georgia Vitrified Brick and Clay Co., requesting a change of zoning from Zone A (Agricultural) and Zone R-1C (One-Family Residential) to Zone R-1D (One-Family Residential) with lots not less than 50 feet wide, affecting property containing approximately 51.6 acres and located at a point 1,014 feet, more or less, west of where the centerline of Harper-Franklin Avenue extended intersects the western right-of-way line of Jimmie Dyess Parkway. Part of 3989 Jimmie Dyess Parkway – Part of Tax Map 066-0-056-03-0 DISTRICT 3 1. The development shall have no more than 161 single-family residential lots in a similar configuration to those lots shown on the Concept Plan; 2. All roadways and right-of-ways shall comply with the specified requirements of Augusta’s Street and Road Technical Manual for road right-of-way width, roadway width, subgrade base and paving standards; 3. A minimum 20-foot front setback shall be utilized on minor and local streets due to no on-street parking allowed adjacent to residential lots. Lots facing Harper Franklin Avenue or the internal collector street that connects to the second entrance shall have a front setback of 25 feet due to higher traffic volumes on these roadways; 4. Side setbacks shall conform to Section 12-3 of the Comprehensive Zoning Ordinance; 5. Rear setbacks shall be 20% of the depth of the lot, but not less than 20 feet; 6. Maximum lot coverage is limited to 50%; 7. Sidewalks shall be installed on at least one side of each street within the entire development due to the proximity to the school. Assurances of sidewalk construction shall be provided for by means of the posting of a Performance Guarantee being submitted by the Developer at the time of the Final Plat approval for each phase or section. Sidewalks may be constructed as each residential dwelling unit is constructed and prior to the CO for that particular dwelling unit. In no case, shall sidewalk construction for each section / phase exceed 2 years from approval of the Final Plat for that particular section / phase; 8. No lot may be smaller than 50 feet wide, except in cul-de-sacs and curves. In cul-de-sacs and curves, no lot may be smaller than 50 feet wide at the 20-foot front setback / minimum building line; 9. No parking signs shall be installed in areas of the residential lots where no parking is allowed; 10. Adequate guest parking shall be provided throughout the development; 11. Adequate open space must be provided throughout the development; 12. The second entrance Attachments must be installed prior to 100 lots total being submitted for Final Plat approval; the second entrance must be installed to GDOT standards and specifications; 13. Adequate fencing and screening must be provided on all four side of the lot containing the cemetery; the cemetery must be designated as “not a building lot” on the Final Plat; 14. The Development Plan must comply with any other ordinances and regulations in effect at the time of development. 3. Z-17-30 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the conditions listed below; a petition by Matt Mills of Southeastern Company, on behalf of Barbara Sims, of Georgia Vitrified Brick and Clay Co., requesting a change of zoning from Zone R-1 (One-Family Residential), Zone R-1C (One-Family Residential and Zone R-1E (One-Family Residential) to Zone R-1E (One-Family Residential) affecting property containing approximately 8 acres and located at a point 2050 feet, more or less, west of where the centerline of Harper-Franklin Avenue extended intersects the western right-of-way line of Jimmie Dyess Parkway. Part of 3989 Jimmie Dyess Parkway – Part of Tax Map 066-0-056-03-0 DISTRICT 3 1. The proposed development shall be limited to no more than 40 townhomes in a similar configuration to those townhome lots shown on the Concept Plan. Lots shall be no smaller than 26 feet wide and 120 feet deep. 2. All roadways and right-of-ways shall comply with the specified requirements of Augusta’s Street and Road Technical Manual for road right-of-way width, roadway width, subgrade base and paving standards; 3. No on-street parking shall be allowed, therefore a minimum 20-foot front setback will be required to provide for adequate off-street parking; 4. Adequate guest parking must be provided throughout the development; 5. Adequate open space must be provided throughout the development; 6. Side and rear setbacks shall conform to Section 13-3 of the Comprehensive Zoning Ordinance; 7. Sidewalks shall be installed on at least one side of each street within the entire development due to the proximity to the school. Assurances of sidewalk construction shall be provided for by means of the posting of a Performance Guarantee being submitted by the Developer at the time of the Final Plat approval for each phase or section. Sidewalks may be constructed as each unit is constructed and prior to the CO for that particular unit. In no case, shall sidewalk construction for each section / phase exceed 2 years from approval of the Final Plat for that particular section / phase; 8. No parking signs shall be installed in areas of the residential lots where no parking is allowed; 9. The Development Plan must comply with any other ordinances and regulations in effect at the time of development. Attachments 4. Z-17-31 - A request for concurrence with the Augusta Georgia Planning Commission to approve with the conditions listed below; request for concurrence with the Augusta Georgia Planning Commission to approve a petition by James T. Anderson requesting a change of zoning from Zone R-1 (One-family Residential) to Zone P-1 (Professional) to establish a real estate office affecting property containing 0.26 acres and known as 2518 Wrightsboro Road. Tax Map 043-4-054-00-0 DISTRICT 2 1. A six-foot tall solid wood fence be constructed along the rear property line; 2. Any exterior lighting be directed away from residential properties; 3. Comply with all aspects of the Tree Ordinance and applicable landscaping standards; 4. Site Plan/Development Plan comply with any other ordinances and regulations applicable at the time of grading and paving; 5. Any new curb cuts are subject to approval by Augusta Engineering; and 6. Install a sidewalk connecting to the existing at the west property line. Attachments 5. ZA-R-247 – A request for concurrence with the Augusta Georgia Planning Commission to approve an amendment to the Comprehensive Zoning Ordinance for Augusta Georgia by amending to following: 1. Section 2 by adding certain definitions. 2. Sections 4-2(d), 4-3(c)(1) and 4-4 by adding parking requirements for operations producing limited amounts of product for on-site retail sale. Section 21, B-1 (Neighborhood Business) to require Conditional Use Permit approval for the operation of nano and pico breweries and brewpubs Section 22, B- 2 (General Business) to require Conditional Use Permit approval for the operation of nano and pico breweries and nano-distilleries. Section 23, L-I (Light Industrial) to allow micro-breweries and distilleries, nano and pico-breweries and nano- istilleries. Adopt Performance Standards for the operation of all breweries and distilleries in B-1 and B-2 zoning districts. Modify and/or create appropriate licensing and renewal procedures. Attachments PUBLIC SERVICES 6.Motion to ratify action by the Augusta Library Board to accept a matching rebate from the Georgia Environmental Financial Authority of up to $50,000 to install a 60 kW Photovoltaic Panel Array on the Friedman Branch Library. (Approved by Public Services Committee August 8, 2017) Attachments 7.Motion to approve Ordinance amendments to the Augusta, Georgia Code, Title 4, Chapter 2, Article 2, Litter Control, Section 4-2-9 Littering Attachments Streets and Sidewalks Prohibited so as to provide regulations prohibiting the placing of posters, signs or advertisements on any public property without authorization. (Approved by Public Services Committee August 8, 2017) 8.Motion to approve a pre-qualified list of architectural and engineering firms to assist the Recreation and Parks Department with implementation of their capital improvement projects. (RFQ17-187) (Approved by Public Services Committee August 8, 2017) Attachments 9.Motion to support the Community Awareness Campaign Message for Augusta Transit. (Approved by Public Services Committee August 8, 2017) Attachments ADMINISTRATIVE SERVICES 10.Motion to approve award of contract for design of renovations to 1815 Marvin Griffin Road to convert the former License and Inspection Building into a Records Retention building and offices for Mosquito Control to 2KM Architects of Augusta. The fee is 6% and is currently estimated to be $60,000 based on an anticipated construction cost of $1,000,000. ((RFQ 17-181) (Approved by Administrative Services Committee August 8, 2017) Attachments 11.Motion to approve bid award to Charles Nechtem Associates Inc. as Employee Assistance Program (EAP) provider (RFP 17-161).(Approved by Administrative Services Committee August 8, 2017) Attachments 12.Motion to approve in concept, the Municipal Campus Phase II renovations for the following purposes: Creating options for additional parking and selective demolition; adapting Municipal Building space to accommodate evolving department and commission needs; and renovating satellite buildings to consolidate operations in single locations. (Approved by Administrative Services Committee August 8, 2017) Attachments PUBLIC SAFETY 13.Motion to approve the creation of a Grant-Funded, County position of "Case Manager" for the Adult Felony Drug Court. (Approved by Public Safety Committee August 8, 2017) Attachments 14.Motion to approve the creation of a grant-funded, county position of “Case Manager” for the Adult Felony Mental Health and Veterans Courts. (Approved by Public Safety Committee August 8, 2017) Attachments 15. Motion to approve the Purchase and Implementation of Electronic Display Boards (RFP 17-130A). (Approved by Public Safety Committee August 8, 2017) Attachments ENGINEERING SERVICES 16.Motion to approve the emergency storm clean-up for the storm that occurred on April 3, 2017. Clean up consists of tree cutting and debris removal for actual cost of $173,345.81, to be funded through the general fund contingency as requested by AED. (Approved by Engineering Services Committee August 8, 2017) Attachments 17.Motion to determine that the Alley between Heard Avenue and Russell Street as shown on the attached plat has ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the best public interest, pursuant to O.C.G.A. §32-7-2, with the abandoned property to be quit-claimed to the appropriate party(ies), as provided by law and an easement to be retained over the entire abandoned portion for existing or future utilities as directed by Augusta Engineering Department and Augusta Utilities Department. (Approved by Engineering Services Committee August 8, 2017) Attachments 18.Motion to approve and authorize supplemental reimbursement to Georgia Transmission Corp (GTC) in amount of $32,589.63 for cost to relocate their transmission facilities for improving Windsor Spring Road Phase IV (Willis Foreman Road to Tobacco Road) improvements project. Also approve modifying the Utility Relocation Agreement between GTC and the City from $1,086,587.50 to $1,119,177.13 as requested by AED. (Approved by Engineering Services Committee August 8, 2017) Attachments PETITIONS AND COMMUNICATIONS 19.Motion to approve the minutes of the regular and Special Called meetings of the Augusta Commission held August 1 and August 8, 2017. Attachments APPOINTMENT(S) 20.Motion to approve the reappointment of the following representing District 7. Randy Sasser - Augusta Regional Airport Commission; Sheena Dorsey - Animal Donald Thompson - Augusta Port Authority; Sue Pittman - Augusta County Library; Sonny Pittman - Augusta Planning Commission; Ronnie Masters - Augusta Personnel Board; Roger Davis - Augusta Tree Commission; Ann Helms - Small Business Advisory Board; David Barbee - Historic Preservation; Mark Loran - Public Facilities; Charlie Walker - Riverfront Development Review Board. Attachments ****END CONSENT AGENDA**** AUGUSTA COMMISSION 8/15/2017 AUGUSTA COMMISSION REGULAR AGENDA 8/15/2017 (Items 21-24) ADMINISTRATIVE SERVICES 21.Adopt resolution affirming Augusta as a What Works City and establishment of Open Data Policy in support of What Works City Initiative. (Requested by Mayor Hardie Davis, Jr.) Attachments ENGINEERING SERVICES 22.Consider a request from Mr. Wright McLeod for permission to draft an amendment to Section 24 of the Comprehensive Zoning Ordinance adding "Construction and Demolition Landfill" to the list of permitted uses in HI zones. (No recommendation from Engineering Services Attachments Upcoming Meetings www.augustaga.gov Committee August 8, 2017) ADMINISTRATOR 23.Motion to approve the Resolution to adopt the 2017 calculated rollback mill rates for each taxing district as shown on the Schedule A. Attachments LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 24.Motion to approve execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Commission Meeting Agenda 8/15/2017 2:00 PM Invocation Department: Department: Caption:Pastor James Murray, Jr., Senior Pastor, Bible Deliverance Temple. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 8/15/2017 2:00 PM The Georgia Soul Basketball Team Department:Mayor's Office Department:Mayor's Office Caption:Congratulations! The Georgia Soul Basketball Team for winning the National Championship. (Requested by Mayor Hardie Davis, Jr.) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Lena Bonner From: Sent: To: Subject: Mayor Hardie Davis, Jr. Thursday, August 10,20L7 9:02 AM Lena Bonner Agenda Items Please add the following: Delegation: Recognize The Georgia Soul Basketball Team for winning the National Championship Regular Agenda Adopt resolution affirming Augusta as a What Works City and establishment of Open Data Policy in support of What Works City lnitiative Please consider the environment before printing this email. a result of the e-tllail lransmission. lf verification is required, please request a naid copy version.'AED:104 1 Commission Meeting Agenda 8/15/2017 2:00 PM Christian Fountain Baptist Church Department: Department: Caption:Reverend Herman Jackson, regarding the relocation of the Christian Fountain Baptist Church from Hyde Park. 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. Committee meetings: Second and last Mondays of each month -12:45 to l:05 p.m. Commission/Committee: @lease check one and insert meeting date) ,/ Commission Public Safety Committee Public Services Committee Administrative Services Committee Engineering Services Committee Finance Committee Date of Meeting Date of Meeting Date of Meeting Date of Meeting Date of Meeting Date of Meeting Contact Information for IndividuaUPresenter Making the Request: Name: Address: Telephone Number: Fax Number: ,,57- Lqo^ - 53Zq E-Mail Address: Caption/Topic of Discussion to be 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: 7 06-821-1820 Fax Number: 706-821-1838 E-MailAddress: Ibonner@augustaga.gov Requests may be faxed, e-mailed or delivered in person and must be received in the Clerk's Office no later than 5:00 p.m. on the Wednesday preceding the Commission meeting and 5:00 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 8/15/2017 2:00 PM Age Friendly Augusta Department: Department: Caption:Mr. Bill Lockett regarding update Age-Friendly Augusta. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 8/15/2017 2:00 PM Z-17-27 Department:Planning and Development Dept. Department:Planning and Development Dept. Caption: Z-17-27 - A request for concurrence with the Augusta Georgia Planning Commission to approve with the conditions listed below; a petition by The Foundation for EDS, Inc requesting a Special Exception to establish an auxiliary campus for Episcopal Day School per Section 26-1 (b) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing approximately 28 acres and known as 1309 and 1337 Flowing Wells Road. Tax map 029-0-041-02-0 and 029-0-041- 07-0 1. The site plan submitted must be consistent with the concept plan dated September 13, 2016 and submitted with this petition. 2. The site plan review will determine if a traffic study is needed or if sidewalks must be installed on the west side of Flowing Wells Road. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY:Cover Memo Clerk of Commission Cover Memo Commission Meeting Agenda 8/15/2017 2:00 PM Z-17-29 Department:Planning and Development Dept. Department:Planning and Development Dept. Caption:Z-17-29 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the conditions listed below; a petition by Matt Mills of Southeastern Company, on behalf of Barbara Sims, of Georgia Vitrified Brick and Clay Co., requesting a change of zoning from Zone A (Agricultural) and Zone R-1C (One-Family Residential) to Zone R-1D (One- Family Residential) with lots not less than 50 feet wide, affecting property containing approximately 51.6 acres and located at a point 1,014 feet, more or less, west of where the centerline of Harper-Franklin Avenue extended intersects the western right-of- way line of Jimmie Dyess Parkway. Part of 3989 Jimmie Dyess Parkway – Part of Tax Map 066-0-056-03-0 DISTRICT 3 1. The development shall have no more than 161 single-family residential lots in a similar configuration to those lots shown on the Concept Plan; 2. All roadways and right-of-ways shall comply with the specified requirements of Augusta’s Street and Road Technical Manual for road right-of-way width, roadway width, subgrade base and paving standards; 3. A minimum 20- foot front setback shall be utilized on minor and local streets due to no on-street parking allowed adjacent to residential lots. Lots facing Harper Franklin Avenue or the internal collector street that connects to the second entrance shall have a front setback of 25 feet due to higher traffic volumes on these roadways; 4. Side setbacks shall conform to Section 12-3 of the Comprehensive Zoning Ordinance; 5. Rear setbacks shall be 20% of the depth of the lot, but not less than 20 feet; 6. Maximum lot coverage is limited to 50%; 7. Sidewalks shall be installed on at least one side of each street within the entire development due to the proximity to the school. Assurances of sidewalk construction shall be provided for by means of the posting of a Performance Guarantee being submitted by the Developer at the time of the Final Plat approval for each phase or section. Sidewalks may be constructed as each residential dwelling unit is constructed and prior to the CO for that particular dwelling unit. In no case, shall sidewalk construction for each section / phase exceed 2 years from approval Cover Memo of the Final Plat for that particular section / phase; 8. No lot may be smaller than 50 feet wide, except in cul-de-sacs and curves. In cul-de-sacs and curves, no lot may be smaller than 50 feet wide at the 20-foot front setback / minimum building line; 9. No parking signs shall be installed in areas of the residential lots where no parking is allowed; 10. Adequate guest parking shall be provided throughout the development; 11. Adequate open space must be provided throughout the development; 12. The second entrance must be installed prior to 100 lots total being submitted for Final Plat approval; the second entrance must be installed to GDOT standards and specifications; 13. Adequate fencing and screening must be provided on all four side of the lot containing the cemetery; the cemetery must be designated as “not a building lot” on the Final Plat; 14. The Development Plan must comply with any other ordinances and regulations in effect at the time of development. 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 8/15/2017 2:00 PM Z-17-30 Department:Planning and Development Dept. Department:Planning and Development Dept. Caption:Z-17-30 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the conditions listed below; a petition by Matt Mills of Southeastern Company, on behalf of Barbara Sims, of Georgia Vitrified Brick and Clay Co., requesting a change of zoning from Zone R-1 (One-Family Residential), Zone R-1C (One-Family Residential and Zone R- 1E (One-Family Residential) to Zone R-1E (One-Family Residential) affecting property containing approximately 8 acres and located at a point 2050 feet, more or less, west of where the centerline of Harper-Franklin Avenue extended intersects the western right-of-way line of Jimmie Dyess Parkway. Part of 3989 Jimmie Dyess Parkway – Part of Tax Map 066-0-056-03-0 DISTRICT 3 1. The proposed development shall be limited to no more than 40 townhomes in a similar configuration to those townhome lots shown on the Concept Plan. Lots shall be no smaller than 26 feet wide and 120 feet deep. 2. All roadways and right-of-ways shall comply with the specified requirements of Augusta’s Street and Road Technical Manual for road right-of- way width, roadway width, subgrade base and paving standards; 3. No on-street parking shall be allowed, therefore a minimum 20-foot front setback will be required to provide for adequate off- street parking; 4. Adequate guest parking must be provided throughout the development; 5. Adequate open space must be provided throughout the development; 6. Side and rear setbacks shall conform to Section 13-3 of the Comprehensive Zoning Ordinance; 7. Sidewalks shall be installed on at least one side of each street within the entire development due to the proximity to the school. Assurances of sidewalk construction shall be provided for by means of the posting of a Performance Guarantee being submitted by the Developer at the time of the Final Plat approval for each phase or section. Sidewalks may be constructed as each unit is constructed and prior to the CO for that particular unit. In no case, shall sidewalk construction for each section / phase exceed 2 years from approval of the Final Plat for that particular section / phase; 8. No parking signs shall be installed in areas of Cover Memo the residential lots where no parking is allowed; 9. The Development Plan must comply with any other ordinances and regulations in effect at the time of development. 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 8/15/2017 2:00 PM Z-17-31 Department:Planning and Development Dept. Department:Planning and Development Dept. Caption: Z-17-31 - A request for concurrence with the Augusta Georgia Planning Commission to approve with the conditions listed below; request for concurrence with the Augusta Georgia Planning Commission to approve a petition by James T. Anderson requesting a change of zoning from Zone R-1 (One-family Residential) to Zone P-1 (Professional) to establish a real estate office affecting property containing 0.26 acres and known as 2518 Wrightsboro Road. Tax Map 043-4-054-00-0 DISTRICT 2 1. A six-foot tall solid wood fence be constructed along the rear property line; 2. Any exterior lighting be directed away from residential properties; 3. Comply with all aspects of the Tree Ordinance and applicable landscaping standards; 4. Site Plan/Development Plan comply with any other ordinances and regulations applicable at the time of grading and paving; 5. Any new curb cuts are subject to approval by Augusta Engineering; and 6. Install a sidewalk connecting to the existing at the west property line. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts:Cover Memo REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 8/15/2017 2:00 PM ZA-R-247 Department:Planning and Development Dept. Department:Planning and Development Dept. Caption: ZA-R-247 – A request for concurrence with the Augusta Georgia Planning Commission to approve an amendment to the Comprehensive Zoning Ordinance for Augusta Georgia by amending to following: 1. Section 2 by adding certain definitions. 2. Sections 4-2(d), 4-3(c)(1) and 4-4 by adding parking requirements for operations producing limited amounts of product for on-site retail sale. Section 21, B-1 (Neighborhood Business) to require Conditional Use Permit approval for the operation of nano and pico breweries and brewpubs Section 22, B-2 (General Business) to require Conditional Use Permit approval for the operation of nano and pico breweries and nano- distilleries. Section 23, L-I (Light Industrial) to allow micro- breweries and distilleries, nano and pico-breweries and nano- istilleries. Adopt Performance Standards for the operation of all breweries and distilleries in B-1 and B-2 zoning districts. Modify and/or create appropriate licensing and renewal procedures. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: Cover Memo REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 8/15/2017 2:00 PM Friedman Library Solar Panels Department:Central Services/Augusta Library Department:Central Services/Augusta Library Caption:Motion to ratify action by the Augusta Library Board to accept a matching rebate from the Georgia Environmental Financial Authority of up to $50,000 to install a 60 kW Photovoltaic Panel Array on the Friedman Branch Library. (Approved by Public Services Committee August 8, 2017) Background:The State of Georgia, through the Georgia Solar Program, developed a program offering rebates to cities, counties, and K-12 public schools for solar projects that help promote awareness and education of renewable energy production and decrease energy costs for Georgia taxpayers. Analysis:The rebates will reimburse up to 50 percent or $50,000 of the cost of materials, design, and installation of up to 60 kilowatt (kW) ground mount or rooftop solar. Their program provides funding for five organizations with one rebate awarded per entry. The Augusta Library applied for, and was awarded one of the five available rebates. An RFP has been issued through the Augusta Procurement Department for providing and installing the system. Financial Impact:Project cost is estimated to be between $120,000 and $140,000. The rebate will cover $50,000 with the balance coming from SPLOST funding allocated to the Augusta Library System. Alternatives:Ratify action by the Augusta Library Board to accept a matching rebate from the Georgia Environmental Financial Authority of up to $50,000 to install a 60 kW Photovoltaic Panel Array on the Friedman Branch Library. Recommendation: Ratify action by the Augusta Library Board to accept a matching rebate from the Georgia Environmental Financial Authority of up to $50,000 to install a 60 kW Photovoltaic Panel Array on the Cover Memo Friedman Branch Library. Funds are Available in the Following Accounts: Project cost is estimated to be between $120,000 and $140,000. The rebate will cover $50,000 of that amount with the balance coming from SPLOST funding allocated to the Augusta Library System. REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 8/15/2017 2:00 PM Ordinance Amendments - Signs on Public Property Department:Planning & Development Department:Planning & Development Caption:Motion to approve Ordinance amendments to the Augusta, Georgia Code, Title 4, Chapter 2, Article 2, Litter Control, Section 4-2-9 Littering Streets and Sidewalks Prohibited so as to provide regulations prohibiting the placing of posters, signs or advertisements on any public property without authorization. (Approved by Public Services Committee August 8, 2017) Background:At the March 21, 2017 Commission meeting, the Administrator presented recommendations for addressing additional code enforcement, property maintenance and cleanups, illegal dumping, and anti-littering efforts. Approval was given to move forward with the efforts…. The subject ordinance amendments will address the littering along public right-of-ways in the form of posters, signs and advertisements. Analysis:The litter along the rights-of-way in the form of posters, signs and advertisements is an on-going problem. City employees from several departments regularly work together to remove the litter from the public property. The City has codes that prohibit the placing of litter upon a public street or sidewalk, but the codes do not specifically state that posters, signs or advertisements are litter; nor does the code provide a fee for violating the code…. The proposed code amendments clearly state that it is a code violation to litter the rights-of-ways with posters, signs and advertisements; and there are penalties in the form of a tiered fee schedule that will be imposed on violators. Financial Impact:N/A Alternatives:Do not approve. Recommendation:Approve Cover Memo Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Cover Memo ORDINANCE NO. ___________ AN ORDINANCE TO AMEND THE AUGUSTA, GEORGIA CODE, TITLE 4, CHAPTER 2, ARTICLE 2, LITTER CONTROL, SECTION 4-2-9 LITTERING STREETS AND SIDEWALKS PROHIBITED, SO AS TO PROHIBIT THE PLACING OF POSTERS, SIGNS OR ADVERTISEMENTS ON ANY PUBLIC PROPERTY WITHOUT AUTHORIZATION; TO PROVIDE A TIERED FEE SYSTEM FOR VIOLATION OF THIS CODE SECTION, TO PROVIDE TO PROVIDE AN EFFECTIVE DATE; TO REPEAL CONFLICTING ORDINANCES, AND FOR OTHER PURPOSES. NOW, BE IT ORDAINED BY THE AUGUSTA, GEORGIA COMMISSION AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF SAME THAT IT IS A VIOLATION OF AUGUSTA, GEORGIA CODE TO PLACE POSTERS, SIGNS OR ADVERTISEMENTS ON ANY PUBLIC PROPERTY WITHOUT AUTHORIZATION AS STATED IN THE REGULATIONS HEREWITH, AS FOLLOWS: SECTION 1. TITLE 4, CHAPTER 2, ARTICLE 2, LITTER CONTROL, SECTION 4-2-9 IS HEREBY DELETED BY STRIKING THIS SECTION IN ITS ENTIRETY, AND NEW SECTION 4-2-9 IS HEREBY INSERTED TO REPLACE THE REPEALED SECTIONS AS SET FORTH IN “EXHIBIT A” HERETO. SECTION 2. This ordinance shall become effective upon adoption. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Adopted this ___ day of ___________, 2017. __________________________ Attest:______________________________ Hardie Davis, Jr. Lena J. Bonner, Clerk of Commission As its Mayor Seal: CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Ordinance was duly adopted by the Augusta, Georgia Commission on ________________, 2017 and that such Ordinance has not been modified or rescinded as of the date hereof and the undersigned further certifies that attached hereto is a true copy of the Ordinance which was approved and adopted in the foregoing meeting(s). ______________________________ Lena J. Bonner, Clerk of Commission Published in the Augusta Chronicle. Date: _________________________ First Reading ______________________ Second Reading ______________________ “EXHIBIT A” Sec. 4-2-9. Littering streets and sidewalks prohibited. (Existing code will be deleted) It shall be unlawful for any person to place, store, dump, park or broadcast any junk, metal, brickbats, stones, plaster, lumber, trash, garbage, litter, paper or similar rubbish and junk upon any public street or sidewalk in Augusta-Richmond County. As used in this Section, "junk" includes without limitation appliances, furniture and other bulk items not considered usual household garbage. The sanitation department is not responsible for collection and/or disposal of such junk, and such junk shall not be collected by the sanitation department, but must be disposed of by the owner of the property on which it is located. (Proposed code, by adding) (a) It shall be unlawful for any person to place, store, dump, park or broadcast any junk, metal, brickbats, stones, plaster, lumber, trash, garbage, litter, paper or similar rubbish and junk upon any public street or sidewalk in Augusta-Richmond County. As used in this Section, "junk" includes without limitation appliances, furniture and other bulk items not considered usual household garbage. The sanitation department is not responsible for collection and/or disposal of such junk, and such junk shall not be collected by the sanitation department, but must be disposed of by the owner of the property on which it is located. (b) It shall be unlawful for any person to place posters, signs or advertisements on any public property, unless the owner thereof or the occupier as authorized by such owner has given permission to place such posters, signs or advertisements on such property. Any occupational tax certificate holder (licensee) or any person in the employ of the licensee who violates this section, or any individual or business (i.e. person who placed the poster, sign, or advertisements) that is authorized by the licensee or employee of the licensee who violates the provisions of section, shall subject the occupation tax certificate (business license) to suspension or revocation pursuant to Section 2-1-38. Any poster, sign, or advertisement placed in violation of this Code section is declared to be a public nuisance, and the officials having jurisdiction of the public property or building, including without limitation law enforcement officers, may remove or direct the removal of the same. Each poster, sign, or advertisement placed in violation of this Code section shall constitute a separate offense. (1) A written warning will be issued on the first offense to the responsible individuals. The responsible individuals can be the licensee, employee of the licensee, or the person who placed the poster, sign, or advertisement on public property. (2) A two-hundred fifty dollar ($250.00) fine will be charged to the responsible individual(s) of for the second offense. The responsible individuals can be the licensee, employee of the licensee, or the person who placed the poster, sign, or advertisement on public property. The fine is to be paid to the Planning & Development Department within thirty (30) calendar days of the fine being assessed. Failure to pay the fine will result in action being taken against the business license, to include suspension or revocation. (3) A five hundred dollar ($500.00) fine will be charged to the responsible individual(s) of for the third offense. The responsible individuals can be the licensee, employee of the licensee, or the person who placed the poster, sign, or advertisement on public property. The fine is to be paid to the Planning & Development Department within thirty (30) calendar days of the fine being assessed. Failure to pay the fine will result in action being taken against the business license, to include suspension or revocation. (4) The business owner, manager, agent or responsible party will be issued a citation upon the fourth offense in accordance with Section 4-2-25 with a maximum fine not exceeding one thousand dollars ($1,000.00) or by imprisonment not exceeding sixty (60) days, either or both, at the discretion of the judge of the court. (5) A citation will be issued and request for revocation of business license upon the fifth offense. (c) Businesses operating without a current Occupation Tax Certificate will be subject to penalties as imposed under City Code 2-1-19. (d) Any person who violates this Code shall be punished the same as for littering under Code Section 4-2- 25. Tier Fee Schedule Offense Penalty 1st Warning 2nd $250 Fee; suspension or revocation of business license if fee is not paid. 3rd $500: suspension or revocation of business license if fee is not paid. 4th Issuance of citation, fine not to exceed $1,000 and imprisonment not to exceed 60 days; suspension or revocation of business license. 5th Issuance of citation, request for revocation of business license. Commission Meeting Agenda 8/15/2017 2:00 PM RFQ 17-187 Pre-Qualified List of Architectural and Engineering Firms – Recreation and Parks Department:Recreation and Parks Department:Recreation and Parks Caption:Motion to approve a pre-qualified list of architectural and engineering firms to assist the Recreation and Parks Department with implementation of their capital improvement projects. (RFQ17-187) (Approved by Public Services Committee August 8, 2017) Background:In order to assist the Department with project management of our capital improvement projects, a request to re-qualify architectural and engineering firms was submitted through the Augusta Procurement Department as RFQ 17-187. From this list, which will remain active for five years, the Department will be prepared to engage firms for professional services from design through construction on the many park projects already approved through the Augusta Commission as part of our CIP. Analysis:A total of nineteen firms submitted qualifications. Of those nineteen, sixteen were deemed compliant and three non- compliant. Upon proposal evaluation and scoring conducted by the Recreation and Parks Department as well as the Deputy City Administrator, a pre-qualified list of eleven firms have been established and recommended for approval by the Augusta Commission. Financial Impact:N/A Alternatives:1. To approve the pre-qualified list of architectural and engineering firms to assist the Recreation and Parks Department in implementing capital improvement projects as identified through our CIP. 2. Move No Action. Recommendation:Move to Approve Cover Memo Funds are Available in the Following Accounts: 329061110 – SPLOST VII REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Request for Qualifications Request for Qualifications will be received at this office until Thursday, June 1, 2017 @ 11:00 a.m. for furnishing: RFQ 17-187 Architectural and Engineering Services for Recreation and Parks Department Capital Improvements Projects - for the Augusta, GA - Recreation and Parks Department RFQs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 RFQ documents may be viewed on the Augusta Georgia web site under the Procurement Department ARCbid. RFQ documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, May 19, 2017, @ 5:00 P.M. No RFQ will be accepted by fax, all must be received by mail or hand delivered. No RFQ may be withdrawn for a period of sixty (60) days after qualifications have been opened, pending the execution of contract with the successful vendor. Request for qualifications (RFQ) and specifications. An RFQ shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the request for qualification including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waivable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark RFQ number on the outside of the envelope. Proponents are cautioned that acquisition of RFQ documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RFQ documents from unauthorized sources places the proponent at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov GERI A. SAMS, Procurement Director Publish: Augusta Chronicle April 27, May 4, 11, 18, 2017 Metro Courier May 3, 2017 OFFICIAL VENDORS Attachment "B"Addendum #1 E-Verify #SAVE Form Original 6 Copies Lose & Associates, Inc. 220 W. Crogan Street Suite 100 Lawrenceville, GA 30045 YES YES 66062 YES YES Non- compliant Greenburg Farrow 1430 West Peachtree Street NW Suite 200 Atlanta, GA 30309 YES YES 244651 YES YES Non- compliant Vaughn & Melton Consulting Engineers 300 Chastain Center Blvd, Ste 325 Kennesaw,GA 30144 YES YES 580495 YES YES YES WK Dickson 1450 Greene Street, Ste 225 Augusta, GA 30901 YES YES 110665 YES YES YES Epsten Group 399 Edgewood Ave Atlanta, GA 30312 YES YES 289544 YES YES YES Alta Planning and Design 111 E. Chapel Hill Street Suite 100 Durham, NC 27701 YES YES 285965 YES YES YES Studio 3 Design Group 1617 Walton Way Augusta, GA 30904 YES YES 194106 YES YES YES Pond & Company 621 NW Frontage Road Suite 320 Augusta, GA 30907 YES YES 175046 YES YES YES Wood + Partners Inc. 7 Lafayette Place Hilton Head Island, SC 29926 YES YES 153133 YES YES YES RFQ Opening Item #17-187 Architectural and Engineering Services for Recreation and Parks Department Capital Improvements Projects-for the Augusta, GA-Recreation and Parks Department RFQ Due: Thursday, June 1, 2017 @ 11:00 a.m. Total Number Specifications Mailed Out: 28 Total Number Specifications Download (Demandstar): 20 Total Electronic Notifications (Demandstar): 791 Pre-Qualifications/Telephone Conference Attendees: NA Total packages submitted:19 Total Noncompliant: 2 Page 1 of 3 OFFICIAL VENDORS Attachment "B"Addendum #1 E-Verify #SAVE Form Original 6 Copies RFQ Opening Item #17-187 Architectural and Engineering Services for Recreation and Parks Department Capital Improvements Projects-for the Augusta, GA-Recreation and Parks Department RFQ Due: Thursday, June 1, 2017 @ 11:00 a.m. Total Number Specifications Mailed Out: 28 Total Number Specifications Download (Demandstar): 20 Total Electronic Notifications (Demandstar): 791 Pre-Qualifications/Telephone Conference Attendees: NA Total packages submitted:19 Total Noncompliant: 2 Moreland Altobelli Associates 2450 Commerce Ave, Ste 100 Duluth, GA 30096 YES YES 53328 YES YES YES Goodwyn, Mills, and Cawood, Inc. 1450 Greene St., Suite 180 Augusta, GA 30901 YES YES NO YES YES YES Zimmerman, Evans, and Leopold, Inc. 435 Telfair Street Augusta, GA 30901 YES YES 257101 YES YES YES Cranston Engineering Group 452 Ellis Street Augusta, GA 30901 YES YES 64684 YES YES YES Dickinson Architects 771 Broad Street, Suite 200 Augusta, GA 30901 YES YES 67757 YES YES YES EMC Engineering Services 4210 Columbia Road Suite 16-A Martinez, GA 30907 YES YES 324745 YES YES YES Cheatham, Fletcher, Scott Architects, PC 420 1/2 Eighth Street Augusta, GA 30901 YES YES 203862 YES YES YES Electrical Design Consultant Inc. 1201 Broad Street, Suite 1A Augusta, GA 30901 YES YES 198669 YES YES YES 2KM Architects Inc. 529 Greene Street Augusta, GA 30901 YES YES 312290 YES YES YES Page 2 of 3 OFFICIAL VENDORS Attachment "B"Addendum #1 E-Verify #SAVE Form Original 6 Copies RFQ Opening Item #17-187 Architectural and Engineering Services for Recreation and Parks Department Capital Improvements Projects-for the Augusta, GA-Recreation and Parks Department RFQ Due: Thursday, June 1, 2017 @ 11:00 a.m. Total Number Specifications Mailed Out: 28 Total Number Specifications Download (Demandstar): 20 Total Electronic Notifications (Demandstar): 791 Pre-Qualifications/Telephone Conference Attendees: NA Total packages submitted:19 Total Noncompliant: 2 Johnson, Lashober & Associates, P.C. 1296 Broad Street Augusta, GA 30901 YES YES 226309 YES YES YES The following vendors have been deemed non-compliant: Goodwyn, Mills, & Cawood-Failure to provide an E-Verify Number; Greenburg Farrow- Failure to provide 6 copies as required Page 3 of 3 2KM Architects Inc. 529 Greene Street Augusta, GA 30901 Alta Planning and Design 111 E. Chapel Hill Street, Suite 100 Durham, NC 27701 Cheatham, Fletcher, Scott Architects, PC 420 1/2 Eighth Street Augusta, GA 30901 Cranston Engineering Group 452 Ellis Street Augusta, GA 30901 Dickinson Architects 771 Broad Street, Suite 200 Augusta, GA 30901 Electrical Design Consultant Inc. 1201 Broad Street, Suite 1A Augusta, GA 30901 EMC Engineering Services 4210 Columbia Road, Suite 16-A Martinez, GA 30907 A. Package submitted by the deadline Pass/Fail PASS PASS PASS PASS PASS PASS PASS B. Package is complete (includes requested information as required per this solicitation)Pass/Fail PASS PASS PASS PASS PASS PASS PASS C. Overall Quality of RFP (concise and to-the-point) 50 45 50 45 40 40 40 35 1. Technical Approach 100 90 100 80 80 90 50 60 2. Financial Responsibility 100 100 100 100 100 100 100 100 3. Project Management 95 90 95 80 90 90 85 75 4. Key Personnel & Staff 90 80 90 85 90 60 90 65 5. Organizational Qualifications 75 75 75 70 75 50 75 75 6. Optional Interview (Potential Bonus Points)10 D. TOTAL 470 435 460 415 435 390 400 375 1. Project relevant experience with downtown redevelopment projects and activities or similar redevelopment projects in urban areas, park and recreational rehabilitation and/or new construction projects 50 45 45 40 45 30 45 48 2. Experience with trail development from planning to construction 50 40 50 0 50 0 0 45 3. Evidence that the firm fully understands project scope 40 40 40 40 40 40 40 40 4. Past performance on projects of similar nature that provides the description of work performed, year of project completion and total cost of project 40 40 40 30 40 30 40 30 5. Project relevant training/education/certification 20 20 20 15 20 15 20 15 Total 200 185 195 125 195 115 145 178 Within Richmond County 10 10 10 10 10 10 Within CSRA 8 8 Within Georgia 6 Within SE United States (includes AL, TN, NC, SC, FL) 4 4  All Others 2 TOTAL 10 10 4 10 10 10 10 8 H. References 20 0 0 0 0 0 0 0 Total 750 675 709 595 680 555 595 596 Procurement Department Completion Date: Internal Use Only Note: Respondent/Offeror(s) receiving 600 or more points will be invited to do presentations to provide additional information if deemed necessary. Submittal and Quality of RFP D. Narrative E. Scope of Services Quality of RFP Total (Total Possible Score 750) Second Round Elimination (Total Points 50) (MUST ACHIEVE 35 POINTS FOR CONTINUED CONSIDERATION) Proximity to Area (Total Points 10) F. Proximity to Area Scope of Services (Total Points 200) Proposer’s Overall Ability to Provide the Services (Total Points 470) Reference(s) (Total Points 10 Evaluation Meeting - RFQ Item #17-187 Architectural and Engineering Services for Recreation and Parks Department Capital Improvements Projects- for the Augusta, GA-Recreation and Parks Department RFQ Due: Thursday, June 15, 2017 @ 3:00 p.m. Procurement DepartmentRepresentative:_____________________________________________ Evaluator: Date: Vendors (MUST PASS FOR CONTINUED CONSIDERATION) RANKING - First Round Elimination A. Package submitted by the deadline Pass/Fail B. Package is complete (includes requested information as required per this solicitation)Pass/Fail C. Overall Quality of RFP (concise and to-the-point) 50 1. Technical Approach 100 2. Financial Responsibility 100 3. Project Management 95 4. Key Personnel & Staff 90 5. Organizational Qualifications 75 6. Optional Interview (Potential Bonus Points)10 D. TOTAL 470 1. Project relevant experience with downtown redevelopment projects and activities or similar redevelopment projects in urban areas, park and recreational rehabilitation and/or new construction projects 50 2. Experience with trail development from planning to construction 50 3. Evidence that the firm fully understands project scope 40 4. Past performance on projects of similar nature that provides the description of work performed, year of project completion and total cost of project 40 5. Project relevant training/education/certification 20 Total 200 Within Richmond County 10 Within CSRA 8 Within Georgia 6 Within SE United States (includes AL, TN, NC, SC, FL) 4  All Others 2 TOTAL 10 H. References 20 Total 750 Procurement Department Completion Date: Internal Use Only Note: Respondent/Offeror(s) receiving 600 or more points will be invited to do presentations to provide additional information if deemed necessary. Submittal and Quality of RFP D. Narrative E. Scope of Services Quality of RFP Total (Total Possible Score 750) Second Round Elimination (Total Points 50) (MUST ACHIEVE 35 POINTS FOR CONTINUED CONSIDERATION) Proximity to Area (Total Points 10) F. Proximity to Area Scope of Services (Total Points 200) Proposer’s Overall Ability to Provide the Services (Total Points 470) Reference(s) (Total Points 10 Procurement DepartmentRepresentative:_____________________________________________ Evaluator: Date: Vendors (MUST PASS FOR CONTINUED CONSIDERATION) RANKING - First Round Elimination Epsten Group 399 Edgewood Ave Atlanta, GA 30312 Johnson, Lashober & Associates, 1296 Broad Street Augusta, GA 30901 Moreland Altobelli Associates 2450 Commerce Ave, Ste 100 Duluth, GA 30096 Pond & Company 621 NW Frontage Road, Suite 320 Augusta, GA 30907 Studio 3 Design Group 1617 Walton Way Augusta, GA 30904 Vaughn & Melton Consulting Engineers 300 Chastain Center Blvd, Ste 325 Kennesaw,GA 30144 PASS PASS PASS PASS PASS PASS PASS PASS PASS PASS PASS PASS 45 45 45 50 35 50 80 90 90 90 50 90 100 100 100 100 100 100 90 90 90 90 75 70 90 90 90 85 85 85 25 75 75 90 80 75 385 445 445 455 390 420 30 47 50 50 40 40 30 50 50 50 0 50 40 40 40 40 40 40 10 40 40 40 35 40 20 20 20 20 15 15 130 197 200 200 130 185 10 10 6 6 6 6 6 10 6 6 10 6 0 0 0 0 0 0 566 697 696 711 565 661 Procurement Department Completion Date: Internal Use Only Note: Respondent/Offeror(s) receiving 600 or more points will be invited to do presentations to provide additional information if deemed necessary. Submittal and Quality of RFP D. Narrative E. Scope of Services Quality of RFP Total (Total Possible Score 750) Second Round Elimination (Total Points 50) (MUST ACHIEVE 35 POINTS FOR CONTINUED CONSIDERATION) Proximity to Area (Total Points 10) F. Proximity to Area Scope of Services (Total Points 200) Proposer’s Overall Ability to Provide the Services (Total Points 470) Reference(s) (Total Points 10 Evaluation Meeting - RFQ Item #17-187 Architectural and Engineering Services for Recreation and Parks Department Capital Improvements Projects- for the Augusta, GA-Recreation and Parks Department RFQ Due: Thursday, June 15, 2017 @ 3:00 p.m. Procurement DepartmentRepresentative:_____________________________________________ Evaluator: Date: (MUST PASS FOR CONTINUED CONSIDERATION) RANKING - First Round Elimination A. Package submitted by the deadline Pass/Fail B. Package is complete (includes requested information as required per this solicitation)Pass/Fail C. Overall Quality of RFP (concise and to-the-point) 50 1. Technical Approach 100 2. Financial Responsibility 100 3. Project Management 95 4. Key Personnel & Staff 90 5. Organizational Qualifications 75 6. Optional Interview (Potential Bonus Points)10 D. TOTAL 470 1. Project relevant experience with downtown redevelopment projects and activities or similar redevelopment projects in urban areas, park and recreational rehabilitation and/or new construction projects 50 2. Experience with trail development from planning to construction 50 3. Evidence that the firm fully understands project scope 40 4. Past performance on projects of similar nature that provides the description of work performed, year of project completion and total cost of project 40 5. Project relevant training/education/certification 20 Total 200 Within Richmond County 10 Within CSRA 8 Within Georgia 6 Within SE United States (includes AL, TN, NC, SC, FL) 4  All Others 2 TOTAL 10 H. References 20 Total 750 Procurement Department Completion Date: Internal Use Only Note: Respondent/Offeror(s) receiving 600 or more points will be invited to do presentations to provide additional information if deemed necessary. Submittal and Quality of RFP D. Narrative E. Scope of Services Quality of RFP Total (Total Possible Score 750) Second Round Elimination (Total Points 50) (MUST ACHIEVE 35 POINTS FOR CONTINUED CONSIDERATION) Proximity to Area (Total Points 10) F. Proximity to Area Scope of Services (Total Points 200) Proposer’s Overall Ability to Provide the Services (Total Points 470) Reference(s) (Total Points 10 Procurement DepartmentRepresentative:_____________________________________________ Evaluator: Date: Vendors (MUST PASS FOR CONTINUED CONSIDERATION) RANKING - First Round Elimination WK Dickson 1450 Greene Street, Ste 225 Augusta, GA 30901 Wood + Partners Inc. 7 Lafayette Place Hilton Head Island, SC 29926 Zimmerman, Evans, and Leopold, Inc. 435 Telfair Street Augusta, GA 30901 Goodwyn, Mills, and Cawood, Inc. 1450 Greene St., Suite 180 Augusta, GA 30901 Greenburg Farrow 1430 West Peachtree Street NW Suite 200 Atlanta, GA 30309 Lose & Associates, Inc. 220 W. Crogan Street, Suite 100 Lawrenceville, GA 30045 PASS PASS PASS PASS PASS PASS PASS PASS PASS FAIL FAIL FAIL 50 50 40 90 90 80 100 100 100 85 85 80 85 80 60 85 85 70 445 440 390 40 38 35 10 10 5 40 40 40 40 40 30 20 20 20 150 148 130 10 10 4 10 4 10 0 0 0 655 642 570 Procurement Department Completion Date: Internal Use Only Note: Respondent/Offeror(s) receiving 600 or more points will be invited to do presentations to provide additional information if deemed necessary. Submittal and Quality of RFP D. Narrative E. Scope of Services Quality of RFP Total (Total Possible Score 750) Second Round Elimination (Total Points 50) (MUST ACHIEVE 35 POINTS FOR CONTINUED CONSIDERATION) Proximity to Area (Total Points 10) F. Proximity to Area Scope of Services (Total Points 200) Proposer’s Overall Ability to Provide the Services (Total Points 470) Reference(s) (Total Points 10 Evaluation Meeting - RFQ Item #17-187 Architectural and Engineering Services for Recreation and Parks Department Capital Improvements Projects- for the Augusta, GA-Recreation and Parks Department RFQ Due: Thursday, June 15, 2017 @ 3:00 p.m. Procurement DepartmentRepresentative:_____________________________________________ Evaluator: Date: (MUST PASS FOR CONTINUED CONSIDERATION) RANKING - First Round Elimination Commission Meeting Agenda 8/15/2017 2:00 PM Transit Community Awareness Campaign Department:Transit Department:Transit Caption:Motion to support the Community Awareness Campaign Message for Augusta Transit. (Approved by Public Services Committee August 8, 2017) Background:In December of 2016, Commission approved a partnership with the Walton Foundation for Independence to develop an Awareness Campaign for Transit. The goal of the campaign is to educate our citizens and visitors on the benefits of using transit as well as promote a positive image of Transit. The central theme of the initial campaign is "My Life, My Way, My Ride" Transit is an critical part of the community infrastructure. As such, it is important to educate the community on the benefits of transit and how it provides value to the region. Objectives: The overall objectives of this campaign include the following: Increase awareness of Augusta's transit servicesSupport and enhance Augusta's "Travel Training Program" which is in the final stages of developmentWhile the campaign is geared toward everyone, it is important to ensure we include person's with disabilities, seniors, the population at-large including veteran's, and studentsEnhance perception that Augusta's Transit System is a mode of transportation for everyone and increased use in good for the overall communityIncrease ridership on transit. The increase will be measured at different points to measure the effectiveness of the campaignDevelop the campaign so that it can evolve over the next three years with Transit enhancements and successes including future improvements to the system Analysis:The campaign aligns with Transit goals and objectives which include: • Providing high quality public transit services • Implementing image improvement solutions • Establishing a work environment that instills unity, teamwork, achievement, and trust • Maintaining budget and pursuing efficiencies • Pursuing the latest transit technologies, including vehicles, and best practices. Public/Private Partnerships are critical to improving Transit within Cover Memo the region. This project is an outstanding example of the private sector working with local government to improve critical and vital services to the community. Financial Impact:There is no financial impact to Augusta Alternatives:Do not support this initiative. Recommendation:Transit is recommending that the Commission support the campaign message and its objective to educate the community and improve Transit’s image. Funds are Available in the Following Accounts: The Walton Foundation is funding this campaign independently REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 8/15/2017 2:00 PM Award Design Contract for Records Retention Department:Central Services Department:Central Services Caption:Motion to approve award of contract for design of renovations to 1815 Marvin Griffin Road to convert the former License and Inspection Building into a Records Retention building and offices for Mosquito Control to 2KM Architects of Augusta. The fee is 6% and is currently estimated to be $60,000 based on an anticipated construction cost of $1,000,000. ((RFQ 17-181) (Approved by Administrative Services Committee August 8, 2017) Background:The Augusta Records Retention center is currently at full capacity and the volume of documents we are required to retain has steadily increased over the years. SPLOST 7 included funding to provide space to alleviate this shortage and plan for retention efforts for the future. Procurement issued a Request for Qualifications (RFQ) 17-181, , for design services relative to the proposed scope. Analysis:Renovation of the former License and Inspection building has been under consideration for several years. We are now able to move forward with these construction plans since Planning vacated the building earlier this year. This facility was originally a warehouse/shop type operation and this project returns the building to a similar use. Firms submitting Statements of Qualifications were evaluated and ranked based upon data they provided in response to Augusta’s request to information relevant to project related scope. 2KM Architects of Augusta was judged to be the best qualified of the firms submitting on the project. Financial Impact:The cost of design services is estimated to be $60,000.00 and is within the project budget. Alternatives:1. Approve award of contract for design of renovations to 1815 Marvin Griffin Road to convert the former License and Inspection Cover Memo Building into Records Retention and offices for Mosquito Control to 2KM Architects of Augusta. The fee is 6% and is currently estimated to be $60,000 based on an anticipated construction cost of $1,000,000. 2. Do not approve the proposal. Recommendation:Approve award of contract for design of renovations to 1815 Marvin Griffin Road to convert the former License and Inspection Building into a Records Retention building and offices for Mosquito Control to 2KM Architects of Augusta. The fee is 6% and is currently estimated to be $60,000 based on an anticipated construction cost of $1,000,000. Funds are Available in the Following Accounts: This project is funded through SPLOST 7. REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Document B101TM – 2017 Standard Form of Agreement Between Owner and Architect Init. / AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:37:06 on 07/28/2017 under Order No. 8557174750 which expires on 06/09/2018, and is not for resale. User Notes: (3B9ADA2F) 1 AGREEMENT made as of the day of in the year 2017 (In words, indicate day, month and year.) BETWEEN the Architect’s client identified as the Owner: (Name, legal status, address and other information) Augusta - Richmond County 535 Telfair Street, Suite 605 Augusta, GA 30901 Telephone Number: 706-821-2422 and the Architect: (Name, legal status, address and other information) 2KM Architects, Inc. 529 Greene Street Augusta, GA 30901 Telephone Number: 706-736-3333 Fax Number: 706-736-7100 for the following Project: (Name, location and detailed description) Renovate Former Government Offices 1815 Marvin Griffin Road Augusta, GA 30906-3811 Primary Bldg. not including existing out-buildings Listed as 12,760SF on Augusta.gov Tax Records The Owner and Architect agree as follows. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Init. / AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:37:06 on 07/28/2017 under Order No. 8557174750 which expires on 06/09/2018, and is not for resale. User Notes: (3B9ADA2F) 2 TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT’S RESPONSIBILITIES 3 SCOPE OF ARCHITECT’S BASIC SERVICES 4 SUPPLEMENTAL AND ADDITIONAL SERVICES 5 OWNER’S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. (For each item in this section, insert the information or a statement such as “not applicable” or “unknown at time of execution.”) § 1.1.1 The Owner’s program for the Project: (Insert the Owner’s program, identify documentation that establishes the Owner’s program, or state the manner in which the program will be developed.) See attached Meeting Notes dated 7/13/2017. (9) offices; (2) handicap toilets, shared Lobby & I.T. Hub Room. Open Warehouse storage. § 1.1.2 The Project’s physical characteristics: (Identify or describe pertinent information about the Project’s physical characteristics, such as size; location; dimensions; geotechnical reports; site boundaries; topographic surveys; traffic and utility studies; availability of public and private utilities and services; legal description of the site, etc.) Main Building on site, pre-engineered structure, ~10,000 gsf, utilities existing to Building, site work limited to code required egress & (2) handicap parking spaces. § 1.1.3 The Owner’s budget for the Cost of the Work, as defined in Section 6.1: (Provide total and, if known, a line item breakdown.) Confidential; Initial Construction Cost: $1,000,000 § 1.1.4 The Owner’s anticipated design and construction milestone dates: Init. / AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:37:06 on 07/28/2017 under Order No. 8557174750 which expires on 06/09/2018, and is not for resale. User Notes: (3B9ADA2F) 3 .1 Design phase milestone dates, if any: To be determined during project development Schematic Design Phase. a. Owner to confirm funding time-line. .2 Construction commencement date: To be confirmed by Owner/Contract & Procurement process. .3 Substantial Completion date or dates: T.B.C. .4 Other milestone dates: To be confirmed by Owner & 2KM. § 1.1.5 The Owner intends the following procurement and delivery method for the Project: (Identify method such as competitive bid or negotiated contract, as well as any requirements for accelerated or fast- track design and construction, multiple bid packages, or phased construction.) Design - Bid - Build, Single-Phase via Augusta Procurement processes. § 1.1.6 The Owner’s anticipated Sustainable Objective for the Project: (Identify and describe the Owner’s Sustainable Objective for the Project, if any.) Comply with adopted building codes for Energy & Water conservation. § 1.1.6.1 If the Owner identifies a Sustainable Objective, the Owner and Architect shall complete and incorporate AIA Document E204™–2017, Sustainable Projects Exhibit, into this Agreement to define the terms, conditions and services related to the Owner’s Sustainable Objective. If E204–2017 is incorporated into this agreement, the Owner and Architect shall incorporate the completed E204–2017 into the agreements with the consultants and contractors performing services or Work in any way associated with the Sustainable Objective. § 1.1.7 The Owner identifies the following representative in accordance with Section 5.3: (List name, address, and other contact information.) Rick Acree, Project Manager 535 Telfair Street Augusta, GA 30901 § 1.1.8 The persons or entities, in addition to the Owner’s representative, who are required to review the Architect’s submittals to the Owner are as follows: (List name, address, and other contact information.) Augusta-Richmond County Inspections Dept. Augusta-Richmond County Fire Marshals Offices § 1.1.9 The Owner shall retain the following consultants and contractors: (List name, legal status, address, and other contact information.) .1 Geotechnical Engineer: Init. / AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:37:06 on 07/28/2017 under Order No. 8557174750 which expires on 06/09/2018, and is not for resale. User Notes: (3B9ADA2F) 4 N/A .2 Civil Engineer: N/A .3 Other, if any: (List any other consultants and contractors retained by the Owner.) Environmental - to be confirmed if Hazardous Materials Abatement is required. § 1.1.10 The Architect identifies the following representative in accordance with Section 2.3: (List name, address, and other contact information.) Rob Mauldin 529 Greene Street, Augusta,GA 30901 Telephone Number: 706-736-3333 Fax Number: 706-736-7100 Email Address: rmauldin@2kmarchitects.com § 1.1.11 The Architect shall retain the consultants identified in Sections 1.1.11.1 and 1.1.11.2: (List name, legal status, address, and other contact information.) § 1.1.11.1 Consultants retained under Basic Services: .1 Structural Engineer: Slater Engineering, Inc. Brian Slater P.O. Box 1010, Augusta, GA 30903 Telephone Number: 706-364-9547 .2 Mechanical Engineer: Pruett, Ford & Associates Martin Ford, P.E. 1201 Broad Street, Suite 3A, Augusta, GA 30901 Telephone Number: 706-722-3959 .3 Electrical Engineer: Electrical Design Consultants, Inc. Ashley Paulk, P.E. 1201 Broad Street, Suite 1A, Augusta, GA 30901 Telephone Number: 706-724-3551 Init. / AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:37:06 on 07/28/2017 under Order No. 8557174750 which expires on 06/09/2018, and is not for resale. User Notes: (3B9ADA2F) 5 § 1.1.11.2 Consultants retained under Supplemental Services: Alternative Construction & Environmental Solutions, Inc. if hazardous materials are identified & require surveys, abatement testing, or design. Budget: $5,000 if required. § 1.1.12 Other Initial Information on which the Agreement is based: § 1.2 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that the Initial Information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the Architect’s services, schedule for the Architect’s services, and the Architect’s compensation. The Owner shall adjust the Owner’s budget for the Cost of the Work and the Owner’s anticipated design and construction milestones, as necessary, to accommodate material changes in the Initial Information. § 1.3 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. The parties will use AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission, and exchange of digital data. § 1.3.1 Any use of, or reliance on, all or a portion of a building information model without agreement to protocols governing the use of, and reliance on, the information contained in the model and without having those protocols set forth in AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, and the requisite AIA Document G202™–2013, Project Building Information Modeling Protocol Form, shall be at the using or relying party’s sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building information model, and each of their agents and employees. ARTICLE 2 ARCHITECT’S RESPONSIBILITIES § 2.1 The Architect shall provide professional services as set forth in this Agreement. The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement, or shall cause such services to be performed by appropriately licensed design professionals. § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. § 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. § 2.4 Except with the Owner’s knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect’s professional judgment with respect to this Project. § 2.5 The Architect shall maintain the following insurance until termination of this Agreement. If any of the requirements set forth below are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect as set forth in Section 11.9. § 2.5.1 Commercial General Liability with policy limits of not less than Two million Dollars and Zero Cents ($ 2,000,000.00 ) for each occurrence and Four Million Dollars and Zero Cents ($ 4,000,000.00 ) in the aggregate for bodily injury and property damage. § 2.5.2 Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Architect with policy limits of not less than One million Dollars and Zero Cents ($ 1,000,000.00 ) per accident for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles, along with any other statutorily required automobile coverage. Init. / AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:37:06 on 07/28/2017 under Order No. 8557174750 which expires on 06/09/2018, and is not for resale. User Notes: (3B9ADA2F) 6 § 2.5.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 2.5.1 and 2.5.2, and in no event shall any excess or umbrella liability insurance provide narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. § 2.5.4 Workers’ Compensation at statutory limits. § 2.5.5 Employers’ Liability with policy limits not less than One hundred thousand Dollars and Zero Cents ($ 100,000.00 ) each accident, One hundred thousand Dollars and Zero Cents ($ 100,000.00 ) each employee, and Five hundred thousand Dollars and Zero Cents ($ 500,000.00 ) policy limit. § 2.5.6 Professional Liability covering negligent acts, errors and omissions in the performance of professional services with policy limits of not less than One million Dollars and Zero Cents ($ 1,000,000.00 ) per claim and One million Dollars and Zero Cents ($ 1,000,000.00 ) in the aggregate. § 2.5.7 Additional Insured Obligations. To the fullest extent permitted by law, the Architect shall cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as an additional insured for claims caused in whole or in part by the Architect’s negligent acts or omissions. The additional insured coverage shall be primary and non-contributory to any of the Owner’s insurance policies and shall apply to both ongoing and completed operations. § 2.5.8 The Architect shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section 2.5. ARTICLE 3 SCOPE OF ARCHITECT’S BASIC SERVICES § 3.1 The Architect’s Basic Services consist of those described in this Article 3 and include usual and customary structural, mechanical, and electrical engineering services. Services not set forth in this Article 3 are Supplemental or Additional Services. § 3.1.1 The Architect shall manage the Architect’s services, research applicable design criteria, attend Project meetings, communicate with members of the Project team, and report progress to the Owner. § 3.1.2 The Architect shall coordinate its services with those services provided by the Owner and the Owner’s consultants. The Architect shall be entitled to rely on, and shall not be responsible for, the accuracy, completeness, and timeliness of, services and information furnished by the Owner and the Owner’s consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission, or inconsistency in such services or information. § 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit for the Owner’s approval a schedule for the performance of the Architect’s services. The schedule initially shall include anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information. The schedule shall include allowances for periods of time required for the Owner’s review, for the performance of the Owner’s consultants, and for approval of submissions by authorities having jurisdiction over the Project. Once approved by the Owner, time limits established by the schedule shall not, except for reasonable cause, be exceeded by the Architect or Owner. With the Owner’s approval, the Architect shall adjust the schedule, if necessary, as the Project proceeds until the commencement of construction. § 3.1.4 The Architect shall not be responsible for an Owner’s directive or substitution, or for the Owner’s acceptance of non-conforming Work, made or given without the Architect’s written approval. § 3.1.5 The Architect shall contact governmental authorities required to approve the Construction Documents and entities providing utility services to the Project. The Architect shall respond to applicable design requirements imposed by those authorities and entities. Init. / AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:37:06 on 07/28/2017 under Order No. 8557174750 which expires on 06/09/2018, and is not for resale. User Notes: (3B9ADA2F) 7 § 3.1.6 The Architect shall assist the Owner in connection with the Owner’s responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 3.2 Schematic Design Phase Services § 3.2.1 The Architect shall review the program and other information furnished by the Owner, and shall review laws, codes, and regulations applicable to the Architect’s services. § 3.2.2 The Architect shall prepare a preliminary evaluation of the Owner’s program, schedule, budget for the Cost of the Work, Project site, the proposed procurement and delivery method, and other Initial Information, each in terms of the other, to ascertain the requirements of the Project. The Architect shall notify the Owner of (1) any inconsistencies discovered in the information, and (2) other information or consulting services that may be reasonably needed for the Project. § 3.2.3 The Architect shall present its preliminary evaluation to the Owner and shall discuss with the Owner alternative approaches to design and construction of the Project. The Architect shall reach an understanding with the Owner regarding the requirements of the Project. § 3.2.4 Based on the Project requirements agreed upon with the Owner, the Architect shall prepare and present, for the Owner’s approval, a preliminary design illustrating the scale and relationship of the Project components. § 3.2.5 Based on the Owner’s approval of the preliminary design, the Architect shall prepare Schematic Design Documents for the Owner’s approval. The Schematic Design Documents shall consist of drawings and other documents including a site plan, if appropriate, and preliminary building plans, sections and elevations; and may include some combination of study models, perspective sketches, or digital representations. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. § 3.2.5.1 The Architect shall consider sustainable design alternatives, such as material choices and building orientation, together with other considerations based on program and aesthetics, in developing a design that is consistent with the Owner’s program, schedule and budget for the Cost of the Work. The Owner may obtain more advanced sustainable design services as a Supplemental Service under Section 4.1.1. § 3.2.5.2 The Architect shall consider the value of alternative materials, building systems and equipment, together with other considerations based on program and aesthetics, in developing a design for the Project that is consistent with the Owner’s program, schedule, and budget for the Cost of the Work. § 3.2.6 The Architect shall submit to the Owner an estimate of the Cost of the Work prepared in accordance with Section 6.3. § 3.2.7 The Architect shall submit the Schematic Design Documents to the Owner, and request the Owner’s approval. § 3.3 Design Development Phase Services § 3.3.1 Based on the Owner’s approval of the Schematic Design Documents, and on the Owner’s authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Design Development Documents for the Owner’s approval. The Design Development Documents shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, and other appropriate elements. The Design Development Documents shall also include outline specifications that identify major materials and systems and establish, in general, their quality levels. § 3.3.2 The Architect shall update the estimate of the Cost of the Work prepared in accordance with Section 6.3. § 3.3.3 The Architect shall submit the Design Development Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, and request the Owner’s approval. Init. / AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:37:06 on 07/28/2017 under Order No. 8557174750 which expires on 06/09/2018, and is not for resale. User Notes: (3B9ADA2F) 8 § 3.4 Construction Documents Phase Services § 3.4.1 Based on the Owner’s approval of the Design Development Documents, and on the Owner’s authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Construction Documents for the Owner’s approval. The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels and performance criteria of materials and systems and other requirements for the construction of the Work. The Owner and Architect acknowledge that, in order to perform the Work, the Contractor will provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals, which the Architect shall review in accordance with Section 3.6.4. § 3.4.2 The Architect shall incorporate the design requirements of governmental authorities having jurisdiction over the Project into the Construction Documents. § 3.4.3 During the development of the Construction Documents, the Architect shall assist the Owner in the development and preparation of (1) procurement information that describes the time, place, and conditions of bidding, including bidding or proposal forms; (2) the form of agreement between the Owner and Contractor; and (3) the Conditions of the Contract for Construction (General, Supplementary and other Conditions). The Architect shall also compile a project manual that includes the Conditions of the Contract for Construction and Specifications, and may include bidding requirements and sample forms. § 3.4.4 The Architect shall update the estimate for the Cost of the Work prepared in accordance with Section 6.3. § 3.4.5 The Architect shall submit the Construction Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, take any action required under Section 6.5, and request the Owner’s approval. § 3.5 Procurement Phase Services § 3.5.1 General The Architect shall assist the Owner in establishing a list of prospective contractors. Following the Owner’s approval of the Construction Documents, the Architect shall assist the Owner in (1) obtaining either competitive bids or negotiated proposals; (2) confirming responsiveness of bids or proposals; (3) determining the successful bid or proposal, if any; and, (4) awarding and preparing contracts for construction. § 3.5.2 Competitive Bidding § 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents. § 3.5.2.2 The Architect shall assist the Owner in bidding the Project by: .1 facilitating the distribution of Bidding Documents to prospective bidders; .2 organizing and conducting a pre-bid conference for prospective bidders; .3 preparing responses to questions from prospective bidders and providing clarifications and interpretations of the Bidding Documents to the prospective bidders in the form of addenda; and, .4 organizing and conducting the opening of the bids, and subsequently documenting and distributing the bidding results, as directed by the Owner. § 3.5.2.3 If the Bidding Documents permit substitutions, upon the Owner’s written authorization, the Architect shall, as an Additional Service, consider requests for substitutions and prepare and distribute addenda identifying approved substitutions to all prospective bidders. § 3.5.3 Negotiated Proposals § 3.5.3.1 Proposal Documents shall consist of proposal requirements and proposed Contract Documents. § 3.5.3.2 The Architect shall assist the Owner in obtaining proposals by: .1 facilitating the distribution of Proposal Documents for distribution to prospective contractors and requesting their return upon completion of the negotiation process; .2 organizing and participating in selection interviews with prospective contractors; .3 preparing responses to questions from prospective contractors and providing clarifications and interpretations of the Proposal Documents to the prospective contractors in the form of addenda; and, Init. / AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:37:06 on 07/28/2017 under Order No. 8557174750 which expires on 06/09/2018, and is not for resale. User Notes: (3B9ADA2F) 9 .4 participating in negotiations with prospective contractors, and subsequently preparing a summary report of the negotiation results, as directed by the Owner. § 3.5.3.3 If the Proposal Documents permit substitutions, upon the Owner’s written authorization, the Architect shall, as an Additional Service, consider requests for substitutions and prepare and distribute addenda identifying approved substitutions to all prospective contractors. § 3.6 Construction Phase Services § 3.6.1 General § 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA Document A201™–2017, General Conditions of the Contract for Construction. If the Owner and Contractor modify AIA Document A201–2017, those modifications shall not affect the Architect’s services under this Agreement unless the Owner and the Architect amend this Agreement. § 3.6.1.2 The Architect shall advise and consult with the Owner during the Construction Phase Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible for the Contractor’s failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect’s negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. § 3.6.1.3 Subject to Section 4.2 and except as provided in Section 3.6.6.5, the Architect’s responsibility to provide Construction Phase Services commences with the award of the Contract for Construction and terminates on the date the Architect issues the final Certificate for Payment. § 3.6.2 Evaluations of the Work § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.2.3, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner (1) known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Contractor, and (3) defects and deficiencies observed in the Work. § 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not the Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the Work. § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect’s response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of, and reasonably inferable from, the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The Architect’s decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. Init. / AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:37:06 on 07/28/2017 under Order No. 8557174750 which expires on 06/09/2018, and is not for resale. User Notes: (3B9ADA2F) 10 § 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A201–2017, the Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents. § 3.6.3 Certificates for Payment to Contractor § 3.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. The Architect’s certification for payment shall constitute a representation to the Owner, based on the Architect’s evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Contractor’s Application for Payment, that, to the best of the Architect’s knowledge, information and belief, the Work has progressed to the point indicated, the quality of the Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment in the amount certified. The foregoing representations are subject to (1) an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) results of subsequent tests and inspections, (3) correction of minor deviations from the Contract Documents prior to completion, and (4) specific qualifications expressed by the Architect. § 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate the Contractor’s right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment. § 3.6.4 Submittals § 3.6.4.1 The Architect shall review the Contractor’s submittal schedule and shall not unreasonably delay or withhold approval of the schedule. The Architect’s action in reviewing submittals shall be taken in accordance with the approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time, in the Architect’s professional judgment, to permit adequate review. § 3.6.4.2 The Architect shall review and approve, or take other appropriate action upon, the Contractor’s submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Contractor’s responsibility. The Architect’s review shall not constitute approval of safety precautions or construction means, methods, techniques, sequences or procedures. The Architect’s approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 3.6.4.3 If the Contract Documents specifically require the Contractor to provide professional design services or certifications by a design professional related to systems, materials, or equipment, the Architect shall specify the appropriate performance and design criteria that such services must satisfy. The Architect shall review and take appropriate action on Shop Drawings and other submittals related to the Work designed or certified by the Contractor’s design professional, provided the submittals bear such professional’s seal and signature when submitted to the Architect. The Architect’s review shall be for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect shall be entitled to rely upon, and shall not be responsible for, the adequacy and accuracy of the services, certifications, and approvals performed or provided by such design professionals. § 3.6.4.4 Subject to Section 4.2, the Architect shall review and respond to requests for information about the Contract Documents. The Architect shall set forth, in the Contract Documents, the requirements for requests for information. Requests for information shall include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. The Architect’s response to such requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. If appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in response to the requests for information. Init. / AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:37:06 on 07/28/2017 under Order No. 8557174750 which expires on 06/09/2018, and is not for resale. User Notes: (3B9ADA2F) 11 § 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. § 3.6.5 Changes in the Work § 3.6.5.1 The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Subject to Section 4.2, the Architect shall prepare Change Orders and Construction Change Directives for the Owner’s approval and execution in accordance with the Contract Documents. § 3.6.5.2 The Architect shall maintain records relative to changes in the Work. § 3.6.6 Project Completion § 3.6.6.1 The Architect shall: .1 conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; .2 issue Certificates of Substantial Completion; .3 forward to the Owner, for the Owner’s review and records, written warranties and related documents required by the Contract Documents and received from the Contractor; and, .4 issue a final Certificate for Payment based upon a final inspection indicating that, to the best of the Architect’s knowledge, information, and belief, the Work complies with the requirements of the Contract Documents. § 3.6.6.2 The Architect’s inspections shall be conducted with the Owner to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. § 3.6.6.3 When Substantial Completion has been achieved, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor, including the amount to be retained from the Contract Sum, if any, for final completion or correction of the Work. § 3.6.6.4 The Architect shall forward to the Owner the following information received from the Contractor: (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment; (2) affidavits, receipts, releases and waivers of liens, or bonds indemnifying the Owner against liens; and (3) any other documentation required of the Contractor under the Contract Documents. § 3.6.6.5 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Architect shall, without additional compensation, conduct a meeting with the Owner to review the facility operations and performance. ARTICLE 4 SUPPLEMENTAL AND ADDITIONAL SERVICES § 4.1 Supplemental Services § 4.1.1 The services listed below are not included in Basic Services but may be required for the Project. The Architect shall provide the listed Supplemental Services only if specifically designated in the table below as the Architect’s responsibility, and the Owner shall compensate the Architect as provided in Section 11.2. Unless otherwise specifically addressed in this Agreement, if neither the Owner nor the Architect is designated, the parties agree that the listed Supplemental Service is not being provided for the Project. (Designate the Architect’s Supplemental Services and the Owner’s Supplemental Services required for the Project by indicating whether the Architect or Owner shall be responsible for providing the identified Supplemental Service. Insert a description of the Supplemental Services in Section 4.1.2 below or attach the description of services as an exhibit to this Agreement.) Supplemental Services Responsibility (Architect, Owner, or not provided) § 4.1.1.1 Programming Architect & Owner § 4.1.1.2 Multiple preliminary designs Architect § 4.1.1.3 Measured drawings Architect Init. / AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:37:06 on 07/28/2017 under Order No. 8557174750 which expires on 06/09/2018, and is not for resale. User Notes: (3B9ADA2F) 12 § 4.1.1.4 Existing facilities surveys Owner § 4.1.1.5 Site evaluation and planning Not Provided § 4.1.1.6 Building Information Model management responsibilities Not Provided § 4.1.1.7 Development of Building Information Models for post construction use Not Provided § 4.1.1.8 Civil engineering Not Provided § 4.1.1.9 Landscape design Not Provided § 4.1.1.10 Architectural interior design Architect § 4.1.1.11 Value analysis Not Provided § 4.1.1.12 Detailed cost estimating beyond that required in Section 6.3 Not Provided § 4.1.1.13 On-site project representation Architect - Periodic § 4.1.1.14 Conformed documents for construction Architect § 4.1.1.15 As-designed record drawings Architect § 4.1.1.16 As-constructed record drawings Architect § 4.1.1.17 Post-occupancy evaluation Not Provided § 4.1.1.18 Facility support services Not Provided § 4.1.1.19 Tenant-related services Not Provided § 4.1.1.20 Architect’s coordination of the Owner’s consultants Owner § 4.1.1.21 Telecommunications/data design Owner § 4.1.1.22 Security evaluation and planning Owner § 4.1.1.23 Commissioning Not Provided § 4.1.1.24 Sustainable Project Services pursuant to Section 4.1.3 Not Provided § 4.1.1.25 Fast-track design services Not Provided § 4.1.1.26 Multiple bid packages Not Provided § 4.1.1.27 Historic preservation Not Provided § 4.1.1.28 Furniture, furnishings, and equipment design Owner § 4.1.1.29 Other services provided by specialty Consultants Not Provided § 4.1.1.30 Other Supplemental Services Owner § 4.1.2 Description of Supplemental Services § 4.1.2.1 A description of each Supplemental Service identified in Section 4.1.1 as the Architect’s responsibility is provided below. (Describe in detail the Architect’s Supplemental Services identified in Section 4.1.1 or, if set forth in an exhibit, identify the exhibit. The AIA publishes a number of Standard Form of Architect’s Services documents that can be included as an exhibit to describe the Architect’s Supplemental Services.) § 4.1.2.2 A description of each Supplemental Service identified in Section 4.1.1 as the Owner’s responsibility is provided below. (Describe in detail the Owner’s Supplemental Services identified in Section 4.1.1 or, if set forth in an exhibit, identify the exhibit.) Hazardous Materials Survey, Testing & Abatement Design Asbestos Containing Materials (ACM) Lead Based Paint (LBP) Init. / AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:37:06 on 07/28/2017 under Order No. 8557174750 which expires on 06/09/2018, and is not for resale. User Notes: (3B9ADA2F) 13 § 4.1.3 If the Owner identified a Sustainable Objective in Article 1, the Architect shall provide, as a Supplemental Service, the Sustainability Services required in AIA Document E204™–2017, Sustainable Projects Exhibit, attached to this Agreement. The Owner shall compensate the Architect as provided in Section 11.2. § 4.2 Architect’s Additional Services The Architect may provide Additional Services after execution of this Agreement without invalidating the Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4.2 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect’s schedule. § 4.2.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not proceed to provide the following Additional Services until the Architect receives the Owner’s written authorization: .1 Services necessitated by a change in the Initial Information, previous instructions or approvals given by the Owner, or a material change in the Project including size, quality, complexity, the Owner’s schedule or budget for Cost of the Work, or procurement or delivery method; .2 Services necessitated by the enactment or revision of codes, laws, or regulations, including changing or editing previously prepared Instruments of Service; .3 Changing or editing previously prepared Instruments of Service necessitated by official interpretations of applicable codes, laws or regulations that are either (a) contrary to specific interpretations by the applicable authorities having jurisdiction made prior to the issuance of the building permit, or (b) contrary to requirements of the Instruments of Service when those Instruments of Service were prepared in accordance with the applicable standard of care; .4 Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure of performance on the part of the Owner or the Owner’s consultants or contractors; .5 Preparing digital models or other design documentation for transmission to the Owner’s consultants and contractors, or to other Owner-authorized recipients; .6 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner; .7 Preparation for, and attendance at, a public presentation, meeting or hearing; .8 Preparation for, and attendance at, a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; .9 Evaluation of the qualifications of entities providing bids or proposals; .10 Consultation concerning replacement of Work resulting from fire or other cause during construction; or, .11 Assistance to the Initial Decision Maker, if other than the Architect. § 4.2.2 To avoid delay in the Construction Phase, the Architect shall provide the following Additional Services, notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If, upon receipt of the Architect’s notice, the Owner determines that all or parts of the services are not required, the Owner shall give prompt written notice to the Architect of the Owner’s determination. The Owner shall compensate the Architect for the services provided prior to the Architect’s receipt of the Owner’s notice. .1 Reviewing a Contractor’s submittal out of sequence from the submittal schedule approved by the Architect; .2 Responding to the Contractor’s requests for information that are not prepared in accordance with the Contract Documents or where such information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner-provided information, Contractor-prepared coordination drawings, or prior Project correspondence or documentation; .3 Preparing Change Orders and Construction Change Directives that require evaluation of Contractor’s proposals and supporting data, or the preparation or revision of Instruments of Service; .4 Evaluating an extensive number of Claims as the Initial Decision Maker; or, .5 Evaluating substitutions proposed by the Owner or Contractor and making subsequent revisions to Instruments of Service resulting therefrom. § 4.2.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional Services. When the limits below are reached, the Architect shall notify the Owner: Init. / AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:37:06 on 07/28/2017 under Order No. 8557174750 which expires on 06/09/2018, and is not for resale. User Notes: (3B9ADA2F) 14 .1 One ( 1 ) reviews of each Shop Drawing, Product Data item, sample and similar submittals of the Contractor .2 Twelve ( 12 ) visits to the site by the Architect during construction .3 One ( 1 ) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 One ( 1 ) inspections for any portion of the Work to determine final completion. § 4.2.4 Except for services required under Section 3.6.6.5 and those services that do not exceed the limits set forth in Section 4.2.3, Construction Phase Services provided more than 60 days after (1) the date of Substantial Completion of the Work or (2) the initial date of Substantial Completion identified in the agreement between the Owner and Contractor, whichever is earlier, shall be compensated as Additional Services to the extent the Architect incurs additional cost in providing those Construction Phase Services. § 4.2.5 If the services covered by this Agreement have not been completed within Twelve ( 12 ) months of the date of this Agreement, through no fault of the Architect, extension of the Architect’s services beyond that time shall be compensated as Additional Services. ARTICLE 5 OWNER’S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program, which shall set forth the Owner’s objectives; schedule; constraints and criteria, including space requirements and relationships; flexibility; expandability; special equipment; systems; and site requirements. § 5.2 The Owner shall establish the Owner’s budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1; (2) the Owner’s other costs; and, (3) reasonable contingencies related to all of these costs. The Owner shall update the Owner’s budget for the Project as necessary throughout the duration of the Project until final completion. If the Owner significantly increases or decreases the Owner’s budget for the Cost of the Work, the Owner shall notify the Architect. The Owner and the Architect shall thereafter agree to a corresponding change in the Project’s scope and quality. § 5.3 The Owner shall identify a representative authorized to act on the Owner’s behalf with respect to the Project. The Owner shall render decisions and approve the Architect’s submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect’s services. § 5.4 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions, and other necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 5.5 The Owner shall furnish services of geotechnical engineers, which may include test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 5.6 The Owner shall provide the Supplemental Services designated as the Owner’s responsibility in Section 4.1.1. § 5.7 If the Owner identified a Sustainable Objective in Article 1, the Owner shall fulfill its responsibilities as required in AIA Document E204™–2017, Sustainable Projects Exhibit, attached to this Agreement. § 5.8 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect’s request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner’s consultants. The Owner shall furnish the services of consultants other than those designated as the responsibility of the Architect in this Agreement, or authorize the Architect to furnish them as an Additional Init. / AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:37:06 on 07/28/2017 under Order No. 8557174750 which expires on 06/09/2018, and is not for resale. User Notes: (3B9ADA2F) 15 Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants and contractors maintain insurance, including professional liability insurance, as appropriate to the services or work provided. § 5.9 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 5.10 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner’s needs and interests. § 5.11 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect’s Instruments of Service. § 5.12 The Owner shall include the Architect in all communications with the Contractor that relate to or affect the Architect’s services or professional responsibilities. The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Contractor otherwise relating to the Project. Communications by and with the Architect’s consultants shall be through the Architect. § 5.13 Before executing the Contract for Construction, the Owner shall coordinate the Architect’s duties and responsibilities set forth in the Contract for Construction with the Architect’s services set forth in this Agreement. The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor, including the General Conditions of the Contract for Construction. § 5.14 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress. § 5.15 Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of, or enforce lien rights. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include contractors’ general conditions costs, overhead and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work does not include the compensation of the Architect; the costs of the land, rights-of-way, financing, or contingencies for changes in the Work; or other costs that are the responsibility of the Owner. § 6.2 The Owner’s budget for the Cost of the Work is provided in Initial Information, and shall be adjusted throughout the Project as required under Sections 5.2, 6.4 and 6.5. Evaluations of the Owner’s budget for the Cost of the Work, and the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work, prepared by the Architect, represent the Architect’s judgment as a design professional. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials, or equipment; the Contractor’s methods of determining bid prices; or competitive bidding, market, or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner’s budget for the Cost of the Work, or from any estimate of the Cost of the Work, or evaluation, prepared or agreed to by the Architect. § 6.3 In preparing estimates of the Cost of Work, the Architect shall be permitted to include contingencies for design, bidding, and price escalation; to determine what materials, equipment, component systems, and types of construction are to be included in the Contract Documents; to recommend reasonable adjustments in the program and scope of the Project; and to include design alternates as may be necessary to adjust the estimated Cost of the Work to meet the Owner’s budget. The Architect’s estimate of the Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. If the Owner requires a detailed estimate of the Cost of the Work, the Architect shall provide such an estimate, if identified as the Architect’s responsibility in Section 4.1.1, as a Supplemental Service. Init. / AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:37:06 on 07/28/2017 under Order No. 8557174750 which expires on 06/09/2018, and is not for resale. User Notes: (3B9ADA2F) 16 § 6.4 If, through no fault of the Architect, the Procurement Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, the Owner’s budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market. § 6.5 If at any time the Architect’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Architect shall make appropriate recommendations to the Owner to adjust the Project’s size, quality, or budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments. § 6.6 If the Owner’s budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Section 9.5; .4 in consultation with the Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or, .5 implement any other mutually acceptable alternative. § 6.7 If the Owner chooses to proceed under Section 6.6.4, the Architect shall modify the Construction Documents as necessary to comply with the Owner’s budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 6.6.1. If the Owner requires the Architect to modify the Construction Documents because the lowest bona fide bid or negotiated proposal exceeds the Owner’s budget for the Cost of the Work due to market conditions the Architect could not reasonably anticipate, the Owner shall compensate the Architect for the modifications as an Additional Service pursuant to Section 11.3; otherwise the Architect’s services for modifying the Construction Documents shall be without additional compensation. In any event, the Architect’s modification of the Construction Documents shall be the limit of the Architect’s responsibility under this Article 6. ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. § 7.2 The Architect and the Architect’s consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect’s consultants. § 7.3 The Architect grants to the Owner a nonexclusive license to use the Architect’s Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Owner substantially performs its obligations under this Agreement, including prompt payment of all sums due pursuant to Article 9 and Article 11. The Architect shall obtain similar nonexclusive licenses from the Architect’s consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub-subcontractors, and suppliers, as well as the Owner’s consultants and separate contractors, to reproduce applicable portions of the Instruments of Service, subject to any protocols established pursuant to Section 1.3, solely and exclusively for use in performing services or construction for the Project. If the Architect rightfully terminates this Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 shall terminate. § 7.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service, the Owner releases the Architect and Architect’s consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner’s use of the Instruments of Service under this Section 7.3.1. The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4. Init. / AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:37:06 on 07/28/2017 under Order No. 8557174750 which expires on 06/09/2018, and is not for resale. User Notes: (3B9ADA2F) 17 § 7.4 Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner’s sole risk and without liability to the Architect and the Architect’s consultants. § 7.5 Except as otherwise stated in Section 7.3, the provisions of this Article 7 shall survive the termination of this Agreement. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 General § 8.1.1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of or related to this Agreement, whether in contract, tort, or otherwise, in accordance with the requirements of the binding dispute resolution method selected in this Agreement and within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents, and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201–2017, General Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents, and employees of any of them, similar waivers in favor of the other parties enumerated herein. § 8.1.3 The Architect and Owner waive consequential damages for claims, disputes, or other matters in question, arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination of this Agreement, except as specifically provided in Section 9.7. § 8.2 Mediation § 8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien arising out of the Architect’s services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation, which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Agreement. A request for mediation shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 8.2.3 The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following: (Check the appropriate box.) [ ] Arbitration pursuant to Section 8.3 of this Agreement [ ] Litigation in a court of competent jurisdiction Init. / AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:37:06 on 07/28/2017 under Order No. 8557174750 which expires on 06/09/2018, and is not for resale. User Notes: (3B9ADA2F) 18 [ X ] Other: (Specify) If the Owner and Architect do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction. § 8.3 Arbitration § 8.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement, any claim, dispute or other matter in question arising out of or related to this Agreement subject to, but not resolved by, mediation shall be subject to arbitration, which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of this Agreement. A demand for arbitration shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the arbitration. § 8.3.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the claim, dispute or other matter in question would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the claim, dispute or other matter in question. § 8.3.2 The foregoing agreement to arbitrate, and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement, shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. § 8.3.3 The award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 8.3.4 Consolidation or Joinder § 8.3.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation; (2) the arbitrations to be consolidated substantially involve common questions of law or fact; and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 8.3.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. § 8.3.4.3 The Owner and Architect grant to any person or entity made a party to an arbitration conducted under this Section 8.3, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Architect under this Agreement. § 8.4 The provisions of this Article 8 shall survive the termination of this Agreement. ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect’s option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give seven days’ written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Owner shall pay the Architect all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect’s services. The Architect’s fees for the remaining services and the time schedules shall be equitably adjusted. Init. / AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:37:06 on 07/28/2017 under Order No. 8557174750 which expires on 06/09/2018, and is not for resale. User Notes: (3B9ADA2F) 19 § 9.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect’s services. The Architect’s fees for the remaining services and the time schedules shall be equitably adjusted. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days’ written notice. § 9.4 Either party may terminate this Agreement upon not less than seven days’ written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than seven days’ written notice to the Architect for the Owner’s convenience and without cause. § 9.6 If the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or the Architect terminates this Agreement pursuant to Section 9.3, the Owner shall compensate the Architect for services performed prior to termination, Reimbursable Expenses incurred, and costs attributable to termination, including the costs attributable to the Architect’s termination of consultant agreements. § 9.7 In addition to any amounts paid under Section 9.6, if the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or the Architect terminates this Agreement pursuant to Section 9.3, the Owner shall pay to the Architect the following fees: (Set forth below the amount of any termination or licensing fee, or the method for determining any termination or licensing fee.) .1 Termination Fee: N/A - Fee based upon percent complete without reduction or retainage. .2 Licensing Fee if the Owner intends to continue using the Architect’s Instruments of Service: N/A § 9.8 Except as otherwise expressly provided herein, this Agreement shall terminate one year from the date of Substantial Completion. § 9.9 The Owner’s rights to use the Architect’s Instruments of Service in the event of a termination of this Agreement are set forth in Article 7 and Section 9.7. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located, excluding that jurisdiction’s choice of law rules. If the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 8.3. § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201–2017, General Conditions of the Contract for Construction. § 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns, and legal representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner’s rights and obligations under this Agreement, including any payments due to the Architect by the Owner prior to the assignment. § 10.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests Init. / AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:37:06 on 07/28/2017 under Order No. 8557174750 which expires on 06/09/2018, and is not for resale. User Notes: (3B9ADA2F) 20 the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services, or responsibilities beyond the scope of this Agreement. § 10.5 Nothing contained in this Agreement shall create a contractual relationship with, or a cause of action in favor of, a third party against either the Owner or Architect. § 10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. § 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect’s promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect’s materials shall not include the Owner’s confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner’s promotional materials for the Project. This Section 10.7 shall survive the termination of this Agreement unless the Owner terminates this Agreement for cause pursuant to Section 9.4. § 10.8 If the Architect or Owner receives information specifically designated as “confidential” or “business proprietary,” the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except as set forth in Section 10.8.1. This Section 10.8 shall survive the termination of this Agreement. § 10.8.1 The receiving party may disclose “confidential” or “business proprietary” information after 7 days’ notice to the other party, when required by law, arbitrator’s order, or court order, including a subpoena or other form of compulsory legal process issued by a court or governmental entity, or to the extent such information is reasonably necessary for the receiving party to defend itself in any dispute. The receiving party may also disclose such information to its employees, consultants, or contractors in order to perform services or work solely and exclusively for the Project, provided those employees, consultants and contractors are subject to the restrictions on the disclosure and use of such information as set forth in this Section 10.8. § 10.9 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions. If it is determined that any provision of the Agreement violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Agreement shall be construed, to the fullest extent permitted by law, to give effect to the parties’ intentions and purposes in executing the Agreement. ARTICLE 11 COMPENSATION § 11.1 For the Architect’s Basic Services described under Article 3, the Owner shall compensate the Architect as follows: .1 Stipulated Sum (Insert amount) $60,000.00 .2 Percentage Basis (Insert percentage value) (6.00 ) % of the Owner’s budget for the Cost of the Work, as calculated in accordance with Section 11.6. .3 Other (Describe the method of compensation) Init. / AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:37:06 on 07/28/2017 under Order No. 8557174750 which expires on 06/09/2018, and is not for resale. User Notes: (3B9ADA2F) 21 $1,000,000.00 initial Construction Cost. (Pre-Design Budget) based upon 10,000gsf x $100psf=$1,000,000.00 § 11.2 For the Architect’s Supplemental Services designated in Section 4.1.1 and for any Sustainability Services required pursuant to Section 4.1.3, the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation. If necessary, list specific services to which particular methods of compensation apply.) Cost of specialty consultants plus 10% markup. § 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.2, the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation.) Hourly Fee Basis - See attached hourly rates schedule. § 11.4 Compensation for Supplemental and Additional Services of the Architect’s consultants when not included in Section 11.2 or 11.3, shall be the amount invoiced to the Architect plus percent ( 10.00%), or as follows: (Insert amount of, or basis for computing, Architect’s consultants’ compensation for Supplemental or Additional Services.) § 11.5 When compensation for Basic Services is based on a stipulated sum or a percentage basis, the proportion of compensation for each phase of services shall be as follows: Schematic Design Phase Fifteen percent (15 %) Design Development Phase Twenty percent (20 %) Construction Documents Phase Forty percent (40 %) Procurement Phase Five percent (5 %) Construction Phase Twenty percent (20 %) Total Basic Compensation one hundred percent (100 %) § 11.6 When compensation identified in Section 11.1 is on a percentage basis, progress payments for each phase of Basic Services shall be calculated by multiplying the percentages identified in this Article by the Owner’s most recent budget for the Cost of the Work. Compensation paid in previous progress payments shall not be adjusted based on subsequent updates to the Owner’s budget for the Cost of the Work. § 11.6.1 When compensation is on a percentage basis and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. § 11.7 The hourly billing rates for services of the Architect and the Architect’s consultants are set forth below. The rates shall be adjusted in accordance with the Architect’s and Architect’s consultants’ normal review practices. (If applicable, attach an exhibit of hourly billing rates or insert them below.) Hourly Rates Fee Schedule Employee or Category Rate ($0.00) § 11.8 Compensation for Reimbursable Expenses § 11.8.1 Reimbursable Expenses are in addition to compensation for Basic, Supplemental, and Additional Services and include expenses incurred by the Architect and the Architect’s consultants directly related to the Project, as Init. / AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:37:06 on 07/28/2017 under Order No. 8557174750 which expires on 06/09/2018, and is not for resale. User Notes: (3B9ADA2F) 22 follows: .1 Transportation and authorized out-of-town travel and subsistence; .2 Long distance services, dedicated data and communication services, teleconferences, Project web sites, and extranets; .3 Permitting and other fees required by authorities having jurisdiction over the Project; .4 Printing, reproductions, plots, and standard form documents; .5 Postage, handling, and delivery; .6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .7 Renderings, physical models, mock-ups, professional photography, and presentation materials requested by the Owner or required for the Project; .8 If required by the Owner, and with the Owner’s prior written approval, the Architect’s consultants’ expenses of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits in excess of that normally maintained by the Architect’s consultants; .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses; .11 Registration fees and any other fees charged by the Certifying Authority or by other entities as necessary to achieve the Sustainable Objective; and, .12 Other similar Project-related expenditures. § 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect’s consultants plus percent ( %) of the expenses incurred. § 11.9 Architect’s Insurance. If the types and limits of coverage required in Section 2.5 are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect for the additional costs incurred by the Architect for the additional coverages as set forth below: (Insert the additional coverages the Architect is required to obtain in order to satisfy the requirements set forth in Section 2.5, and for which the Owner shall reimburse the Architect.) § 11.10 Payments to the Architect § 11.10.1 Initial Payments § 11.10.1.1 An initial payment of Zero Dollars ($ 0 ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner’s account in the final invoice. § 11.10.1.2 If a Sustainability Certification is part of the Sustainable Objective, an initial payment to the Architect of Dollars ($ 0 ) shall be made upon execution of this Agreement for registration fees and other fees payable to the Certifying Authority and necessary to achieve the Sustainability Certification. The Architect’s payments to the Certifying Authority shall be credited to the Owner’s account at the time the expense is incurred. § 11.10.2 Progress Payments § 11.10.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect’s invoice. Amounts unpaid Thirty ( 30 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of monthly or annual interest agreed upon.) 1 % monthly § 11.10.2.2 The Owner shall not withhold amounts from the Architect’s compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work, unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.10.2.3 Records of Reimbursable Expenses, expenses pertaining to Supplemental and Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. Init. / AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:37:06 on 07/28/2017 under Order No. 8557174750 which expires on 06/09/2018, and is not for resale. User Notes: (3B9ADA2F) 23 ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: (Include other terms and conditions applicable to this Agreement.) N/A ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the Owner and Architect. § 13.2 This Agreement is comprised of the following documents identified below: .1 AIA Document B101™–2017, Standard Form Agreement Between Owner and Architect .2 AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, dated as indicated below: (Insert the date of the E203-2013 incorporated into this agreement.) N/A .3 Exhibits: (Check the appropriate box for any exhibits incorporated into this Agreement.) [ ] AIA Document E204™–2017, Sustainable Projects Exhibit, dated as indicated below: (Insert the date of the E204-2017 incorporated into this agreement.) [ X ] Other Exhibits incorporated into this Agreement: (Clearly identify any other exhibits incorporated into this Agreement, including any exhibits and scopes of services identified as exhibits in Section 4.1.2.) Hourly Rates Fee Schedule .4 Other documents: (List other documents, if any, forming part of the Agreement.) This Agreement entered into as of the day and year first written above. OWNER (Signature) ARCHITECT (Signature) 2KM Architects, Inc. Robert L. Mauldin, AIA, NCARB CFO/Secretary/V.P. GA-RA005958 (Printed name and title) (Printed name, title, and license number, if required) Additions and Deletions Report for AIA® Document B101TM – 2017 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 15:37:06 on 07/28/2017. Additions and Deletions Report for AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:37:06 on 07/28/2017 under Order No. 8557174750 which expires on 06/09/2018, and is not for resale. User Notes: (3B9ADA2F) 1 PAGE 1 AGREEMENT made as of the day of in the year 2017 ... Augusta - Richmond County 535 Telfair Street, Suite 605 Augusta, GA 30901 Telephone Number: 706-821-2422 ... 2KM Architects, Inc. 529 Greene Street Augusta, GA 30901 Telephone Number: 706-736-3333 Fax Number: 706-736-7100 ... Renovate Former Government Offices 1815 Marvin Griffin Road Augusta, GA 30906-3811 Primary Bldg. not including existing out-buildings Listed as 12,760SF on Augusta.gov Tax Records PAGE 2 See attached Meeting Notes dated 7/13/2017. (9) offices; (2) handicap toilets, shared Lobby & I.T. Hub Room. Open Warehouse storage. ... Main Building on site, pre-engineered structure, ~10,000 gsf, utilities existing to Building, site work limited to code required egress & (2) handicap parking spaces. ... Confidential; Initial Construction Cost: $1,000,000 Additions and Deletions Report for AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:37:06 on 07/28/2017 under Order No. 8557174750 which expires on 06/09/2018, and is not for resale. User Notes: (3B9ADA2F) 2 PAGE 3 To be determined during project development Schematic Design Phase. ... a. Owner to confirm funding time-line. ... To be confirmed by Owner/Contract & Procurement process. ... T.B.C. ... To be confirmed by Owner & 2KM. ... Design - Bid - Build, Single-Phase via Augusta Procurement processes. ... Comply with adopted building codes for Energy & Water conservation. ... Rick Acree, Project Manager 535 Telfair Street Augusta, GA 30901 ... Augusta-Richmond County Inspections Dept. Augusta-Richmond County Fire Marshals Offices PAGE 4 N/A ... N/A ... Environmental - to be confirmed if Hazardous Materials Abatement is required. Additions and Deletions Report for AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:37:06 on 07/28/2017 under Order No. 8557174750 which expires on 06/09/2018, and is not for resale. User Notes: (3B9ADA2F) 3 ... Rob Mauldin 529 Greene Street, Augusta,GA 30901 Telephone Number: 706-736-3333 Fax Number: 706-736-7100 Email Address: rmauldin@2kmarchitects.com ... Slater Engineering, Inc. ... Brian Slater ... P.O. Box 1010, Augusta, GA 30903 ... Telephone Number: 706-364-9547 ... Pruett, Ford & Associates ... Martin Ford, P.E. ... 1201 Broad Street, Suite 3A, Augusta, GA 30901 ... Telephone Number: 706-722-3959 ... Electrical Design Consultants, Inc. ... Ashley Paulk, P.E. ... 1201 Broad Street, Suite 1A, Augusta, GA 30901 ... Telephone Number: 706-724-3551 Additions and Deletions Report for AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:37:06 on 07/28/2017 under Order No. 8557174750 which expires on 06/09/2018, and is not for resale. User Notes: (3B9ADA2F) 4 PAGE 5 Alternative Construction & Environmental Solutions, Inc. if hazardous materials are identified & require surveys, ab atement testing, or design. Budget: $5,000 if required. ... § 2.5.1 Commercial General Liability with policy limits of not less than Two million Dollars and Zero Cents ($ 2,000,000.00 ) for each occurrence and Four Million Dollars and Zero Cents ($ 4,000,000.00 ) in the aggregate for bodily injury and property damage. ... § 2.5.2 Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Architect with policy limits of not less than One million Dollars and Zero Cents ($ 1,000,000.00 ) per accident for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles, along with any other statutorily required automobile coverage. PAGE 6 § 2.5.5 Employers’ Liability with policy limits not less than One hundred thousand Dollars and Zero Cents ($ 100,000.00 ) each accident, One hundred thousand Dollars and Zero Cents ($ 100,000.00 ) each employee, and Five hundred thousand Dollars and Zero Cents ($ 500,000.00 ) policy limit. ... § 2.5.6 Professional Liability covering negligent acts, errors and omissions in the performance of professional services with policy limits of not less than One million Dollars and Zero Cents ($ 1,000,000.00 ) per claim and One million Dollars and Zero Cents ($ 1,000,000.00 ) in the aggregate. PAGE 12 § 4.1.1.1 Programming Architect & Owner § 4.1.1.2 Multiple preliminary designs Architect § 4.1.1.3 Measured drawings Architect § 4.1.1.4 Existing facilities surveys Owner § 4.1.1.5 Site evaluation and planning Not Provided § 4.1.1.6 Building Information Model management responsibilities Not Provided § 4.1.1.7 Development of Building Information Models for post construction use Not Provided § 4.1.1.8 Civil engineering Not Provided § 4.1.1.9 Landscape design Not Provided § 4.1.1.10 Architectural interior design Architect § 4.1.1.11 Value analysis Not Provided § 4.1.1.12 Detailed cost estimating beyond that required in Section 6.3 Not Provided § 4.1.1.13 On-site project representation Architect - Periodic § 4.1.1.14 Conformed documents for construction Architect § 4.1.1.15 As-designed record drawings Architect § 4.1.1.16 As-constructed record drawings Architect § 4.1.1.17 Post-occupancy evaluation Not Provided Additions and Deletions Report for AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:37:06 on 07/28/2017 under Order No. 8557174750 which expires on 06/09/2018, and is not for resale. User Notes: (3B9ADA2F) 5 § 4.1.1.18 Facility support services Not Provided § 4.1.1.19 Tenant-related services Not Provided § 4.1.1.20 Architect’s coordination of the Owner’s consultants Owner § 4.1.1.21 Telecommunications/data design Owner § 4.1.1.22 Security evaluation and planning Owner § 4.1.1.23 Commissioning Not Provided § 4.1.1.24 Sustainable Project Services pursuant to Section 4.1.3 Not Provided § 4.1.1.25 Fast-track design services Not Provided § 4.1.1.26 Multiple bid packages Not Provided § 4.1.1.27 Historic preservation Not Provided § 4.1.1.28 Furniture, furnishings, and equipment design Owner § 4.1.1.29 Other services provided by specialty Consultants Not Provided § 4.1.1.30 Other Supplemental Services Owner ... Hazardous Materials Survey, Testing & Abatement Design Asbestos Containing Materials (ACM) Lead Based Paint (LBP) PAGE 14 .1 One ( 1 ) reviews of each Shop Drawing, Product Data item, sample and similar submittals of the Contractor ... .2 Twelve ( 12 ) visits to the site by the Architect during construction ... .3 One ( 1 ) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents ... .4 One ( 1 ) inspections for any portion of the Work to determine final completion. ... § 4.2.5 If the services covered by this Agreement have not been completed within Twelve ( 12 ) months of the date of this Agreement, through no fault of the Architect, extension of the Architect’s services beyond that time shall be compensated as Additional Services. PAGE 18 [ X ] Other: (Specify) PAGE 19 N/A - Fee based upon percent complete without reduction or retainage. Additions and Deletions Report for AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:37:06 on 07/28/2017 under Order No. 8557174750 which expires on 06/09/2018, and is not for resale. User Notes: (3B9ADA2F) 6 ... N/A PAGE 20 $60,000.00 ... (6.00 ) % of the Owner’s budget for the Cost of the Work, as calculated in accordance with Section 11.6. PAGE 21 $1,000,000.00 initial Construction Cost. (Pre- Design Budget) based upon 10,000gsf x $100psf=$1,000,000.00 ... Cost of specialty consultants plus 10% markup. ... Hourly Fee Basis - See attached hourly rates schedule. ... § 11.4 Compensation for Supplemental and Additional Services of the Architect’s consultants when not included in Section 11.2 or 11.3, shall be the amount invoiced to the Architect plus percent ( 10.00%), or as follows: ... Schematic Design Phase Fifteen percent (15 %) Design Development Phase Twenty percent (20 %) Construction Documents Phase Forty percent (40 %) Procurement Phase Five percent (5 %) Construction Phase Twenty percent (20 %) ... Hourly Rates Fee Schedule PAGE 22 § 11.10.1.1 An initial payment of Zero Dollars ($ 0 ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner’s account in the final invoice. ... § 11.10.1.2 If a Sustainability Certification is part of the Sustainable Objective, an initial payment to the Architect of Dollars ($ 0 ) shall be made upon execution of this Agreement for registration fees and other fees payable to the Certifying Authority and necessary to achieve the Sustainability Certification. The Architect’s payments to the Certifying Authority shall be credited to the Owner’s account at the time the expense is incurred. Additions and Deletions Report for AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:37:06 on 07/28/2017 under Order No. 8557174750 which expires on 06/09/2018, and is not for resale. User Notes: (3B9ADA2F) 7 ... § 11.10.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect’s invoice. Amounts unpaid Thirty ( 30 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. ... 1 % monthly PAGE 23 N/A ... N/A ... [ X ] Other Exhibits incorporated into this Agreement: ... Hourly Rates Fee Schedule ... 2KM Architects, Inc. Robert L. Mauldin, AIA, NCARB CFO/Secretary/V.P. GA-RA005958 AIA Document D401™ – 2003. Copyright © 1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:37:06 on 07/28/2017 under Order No. 8557174750 which expires on 06/09/2018, and is not for resale. User Notes: (3B9ADA2F) 1 Certification of Document's Authenticity AIA® Document D401™ – 2003 I, , hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 15:37:06 on 07/28/2017 under Order No. 8557174750 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document B101TM - 2017, Standard Form of Agreement Between Owner and Architect, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. _____________________________________________________________ (Signed) _____________________________________________________________ (Title) _____________________________________________________________ (Dated) Request for Qualifications Request for Qualifications will be received at this office until Thursday, May 11, 2017 @ 11:00 a.m. for furnishing: RFQ Item #17-181 Architectural Design Services - Renovate Former Government Offices for Mixed Office and Records Storage – 1815 Marvin Griffin Road for Augusta Central Services Department RFQs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 RFQ documents may be viewed on the Augusta Georgia web site under the Procurement Department ARCbid. RFQ documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. Mandatory Pre Qualifications Conference will be held on Tuesday, April 25, 2017, @ 10:00 a.m. in the Procurement Department, 535 Telfair Street, Room 605. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Thursday, April 27, 2017, @ 5:00 P.M. No RFQ will be accepted by fax, all must be received by mail or hand delivered. No RFQ may be withdrawn for a period of sixty (60) days after qualifications have been opened, pending the execution of contract with the successful vendor. Request for qualifications (RFQ) and specifications. An RFQ shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the request for qualification including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waivable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark RFQ number on the outside of the envelope. Proponents are cautioned that acquisition of RFQ documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RFQ documents from unauthorized sources places the proponent at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov GERI A. SAMS, Procurement Director Publish: Augusta Chronicle March 30, April 6, 13, 20, 2017 Metro Courier April 5, 2017 OFFICIAL VENDORS Attachment "B"E-Verify #SAVE Form Addendum 1 Original 6 Copies 2KM Architects, Inc. 529 Greene Street Augusta, GA 30901 YES 312290 YES YES YES YES Studio 3 Design Group 1617 Walton Way Augusta, GA 30901 YES 194106 YES YES YES YES Dickinson Architects, P.C 771 Broad Street Suite 200 Augusta, GA 30901 YES 67757 YES YES YES YES The Epsten Group 399 Edgewood Ave Atlanta, GA 30312 YES NO Non-Complinat YES YES YES YES Johnson, Lashchober & Associates, P.C. 1296 Broad Street Augusta, GA 30901 YES 226309 YES YES YES YES RFQ Item #17-181 Architectural Design Services - Renovate Former Government Offices for Mixed Office and Records Storage – 1815 Marvin Griffin Road for Augusta Central Services Department RFQ Date: Thursday, May 11, 2017 @ 11:00 a.m. Total Number Specifications Mailed Out: 13 Total Number Specifications Download (Demandstar): 12 Total Electronic Notifications (Demandstar): 414 Mandatory Pre-Qualifications Conference Attendees:5 Total packages submitted:5 Total Noncompliant: 1 The following vendor has been deemed non-compliant for not providing an E-Verify number: Epsten Group Page 1 of 1 2KM Architects, Inc. 529 Greene Street Augusta, GA 30901 Studio 3 Design Group 1617 Walton Way Augusta, GA 30901 Dickinson Architects, P.C 771 Broad Street Suite 200 Augusta, GA 30901 Johnson, Lashchober & Associates, P.C. 1296 Broad Street Augusta, GA 30901 The Epsten Group 399 Edgewood Ave Atlanta, GA 30312 A. Package submitted by the deadline Pass/Fail PASS PASS PASS PASS PASS B. Package is complete (includes requested information as required per this solicitation)Pass/Fail PASS PASS PASS PASS FAIL C. Overall Quality of RFP (concise and to-the-point) 50 50.0 50.0 50.0 50.0 1. Technical Approach 100 90.0 86.7 86.7 86.7 2. Financial Responsibility 100 63.3 28.3 28.3 48.3 3. Project Management 95 91.7 88.3 88.3 88.3 4. Key Personnel & Staff 90 86.7 83.3 85.0 85.0 5. Organizational Qualifications 85 70.0 70.0 70.0 70.0 6. Optional Interview (Potential Bonus Points)10 D. TOTAL 480 401.7 356.7 358.3 378.3 1. Project specific Experience 100 50.0 46.7 31.7 43.3 2. Evidence that the firm fully understands project scope 50 28.3 26.7 20.0 21.7 3. Past performance on projects of similar nature 50 41.7 40.0 40.0 41.7 Total 200 120.0 113.3 91.7 106.7 Within Richmond County 10 10 10 10 10 Within CSRA 8 Within Georgia 6 Within SE United States (includes AL, TN, NC, SC, FL) 4  All Others 2 TOTAL 10 10 10 10 10 H. References 10 10 10 10 10 Total 750 591.7 540.0 520.0 555.0 Note: Respondent/Offeror(s) receiving 600 or more points will be invited to do presentations to provide additional information if deemed necessary. Submittal and Quality of RFP D. Narrative E. Scope of Services Quality of RFP Procurement DepartmentRepresentative:_____Nancy Williams_________________________________________ Evaluator: Cumulative Date: 5/25/17 Procurement Department Completion Date: 5/25/17 Internal Use Only RFQ Evaluation Sheet Item #17-181 Architectural Design Services - Renovate Former Government Offices for Mixed Office and Records Storage – 1815 Marvin Griffin Road for Augusta Central Services Department RFQ Due: Tuesday, May 23, 2017 @ 3:00 p.m. Vendors Total (Total Possible Score 750) Second Round Elimination (Total Points 50) (MUST ACHIEVE 35 POINTS FOR CONTINUED CONSIDERATION) (MUST PASS FOR CONTINUED CONSIDERATION) RANKING - First Round Elimination Proximity to Area (Total Points 10) F. Proximity to Area Scope of Services (Total Points 200) Proposer’s Overall Ability to Provide the Services (Total Points 470) Reference(s) (Total Points 10 Commission Meeting Agenda 8/15/2017 2:00 PM Award Employee Assistance Program (EAP) Services Department:Finance - Risk Managment Department:Finance - Risk Managment Caption:Motion to approve bid award to Charles Nechtem Associates Inc. as Employee Assistance Program (EAP) provider (RFP 17-161). (Approved by Administrative Services Committee August 8, 2017) Background:Augusta provides an EAP program for its employees. EAP services offer confidential counseling and referral services to employees and their household. EAP services address a wide variety of personal concerns to include but not limited to - Family/Parenting problems - Grief/Bereavement - Alcohol/Drug/Other addictions - Marital/Relationship issues - Stress/Anxiety - Depression Issues - Financial/Credit Counseling - Legal Referrals. RFP 17-161 solicited proposals to provide this valuable service. Augusta received responses from 8 vendors. Analysis:The Evaluation Committee recommends Charles Nechtem Associates, Inc. as the service provider for the Augusta Employee Assistance Program (EAP). Financial Impact:A monthly fee of $1.18/employee, current cost at 2,450 employees = $2,891.00/month. The cost in subsequent years will be based on the total number of employees as of September 1 of subsequent years as verified with the Augusta, Georgia Human Resources Department. Alternatives:1. Consider other EAP Service Providers 2. Do not provide EAP Services Recommendation: Approve Charles Nechtem Associates, Inc. as Employee Assistance Program services provider. Effective date of contract service is September 1, 2017. This award is for a minimum of three (3) years with two (2) one (1) year automatic annual Cover Memo renewals for a total of five (5) years. Funds are Available in the Following Accounts: Funds are available in the following account 611015210/5212999 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Request for Proposal Request for Proposals will be received at this office until Friday, March 24, 2017 @ 11:00 a.m. for furnishing: RFP Item # 17-161 Employee Assistance Program (EAP) Services for the Augusta Finance Department – Risk Management RFP Item # 17-163 Broker Services for Public Official Liability (POL) and Employment Practice Liability (EPL) for Augusta Finance Department – Risk Management RFPs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 RFP documents may be viewed on the Augusta Georgia web site under the Procurement Department ARCbid. RFP documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, March 10, 2017, @ 5:00 P.M. No RFP will be accepted by fax, all must be received by mail or hand delivered. No RFP may be withdrawn for a period of 60 days after bids have been opened, pending the execution of contract with the successful bidder(s). Request for proposals (RFP) and specifications. An RFP shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the request for proposal including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waivable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark RFP number on the outside of the envelope. Proponents are cautioned that acquisition of RFP documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RFP documents from unauthorized sources places the proponent at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov GERI A. SAMS, Procurement Director Publish: Augusta Chronicle February 16, 23, March 2, 9, 2017 Metro Courier February 22, 2017 OFFICIAL VENDORS Attachment "B"E-Verify SAVE Form Addendum 1 Original 6 Copies Fee Proposal EAP Consultants LLC 1850 Parkway Place Suite 700 Marietta, GA 30067 YES 65817 YES YES YES YES YES Concern EAP 2610-B Commons Blvd Augusta, GA 30909 YES 1178001 YES YES YES YES YES Nancy Wesselink 206 Teal Ct Canton, GA 30115 YES 777036 YES YES YES YES YES Charles Nechtem Associates 595 Bay Isles Road Suite 115 Longboat Key, FL 34228 YES 1177481 YES YES YES YES YES FEI Behavioral Health 648 N. Plankton Ave. Suite 4 Milwaukee, WI 53203 YES 768943 YES YES YES YES YES Carkham Consulting & Linkage 3110 Bellemeade Drive Augusta, GA 3096 YES 1180919 YES YES YES YES YES Deer Oaks EAP Services 126 E, Main Plaza Suite 8 San Antonio TX 78205 YES 585914 YES YES YES YES YES RFP Opening Item #17-161 Employee Assistance Program (EAP) Services for Augusta, GA- Finance Department-Risk Management RFP Due: Friday, March 24, 2017 @ 11:00 a.m. Total Number Specifications Mailed Out: 19 Total Number Specifications Download (Demandstar): 12 Total Electronic Notifications (Demandstar): 164 Pre Proposal Telephone Conference Attendees: N/A Total packages submitted: 8 Total Noncompliant: 0 Page 1 of 2 OFFICIAL VENDORS Attachment "B"E-Verify SAVE Form Addendum 1 Original 6 Copies Fee Proposal RFP Opening Item #17-161 Employee Assistance Program (EAP) Services for Augusta, GA- Finance Department-Risk Management RFP Due: Friday, March 24, 2017 @ 11:00 a.m. Total Number Specifications Mailed Out: 19 Total Number Specifications Download (Demandstar): 12 Total Electronic Notifications (Demandstar): 164 Pre Proposal Telephone Conference Attendees: N/A Total packages submitted: 8 Total Noncompliant: 0 Transitional Family Services 3643 Walton Way Ext Bldg 4 Augusta. GA 30909 YES 354225 YES YES YES YES YES Page 2 of 2 EAP Consultants LLC 1850 Parkway Place Suite 700 Marietta, GA 30067 Concern EAP 2610-B Commons Blvd Augusta, GA 30909 Nancy Wesselink 206 Teal Ct Canton, GA 30115 Charles Nechtem Associates 595 Bay Isles Road Suite 115 Longboat Key, FL 34228 FEI Behavioral Health 648 N. Plankton Ave. Suite 4 Milwaukee, WI 53203 Carkham Consulting & Linkage 3110 Bellemeade Drive Augusta, GA 3096 Deer Oaks EAP Services 126 E, Main Plaza Suite 8 San Antonio TX 78205 Transitional Family Services 3643 Walton Way Ext Bldg 4 Augusta. GA 30909 A. Package submitted by the deadline Pass/Fail PASS PASS PASS PASS PASS PASS PASS PASS B. Package is complete (includes requested information as required per this solicitation)Pass/Fail PASS PASS PASS PASS PASS PASS PASS PASS C. Overall Quality of RFP (concise and to-the-point) 50 45.0 43.3 31.7 43.3 38.3 30.0 36.7 30.0 1. Technical Approach 100 88.3 85.0 75.0 86.7 85.0 70.0 83.3 70.0 2. Financial Responsibility 100 91.7 78.3 76.7 91.7 90.0 76.7 78.3 75.0 3. Project Management 95 83.3 86.7 65.0 83.3 83.3 66.7 83.3 63.3 4. Key Personnel & Staff 90 81.7 73.3 66.7 85.0 73.3 66.7 70.0 63.3 5. Organizational Qualifications 75 68.3 66.7 53.3 76.7 71.7 53.3 66.7 50.0 6. Optional Interview (Potential Bonus Points)10 D. TOTAL 470 413.3 390.0 336.7 423.3 403.3 333.3 381.7 321.7 1. Provide Augusta superior value and service as a Full Service EAP provider 60 48.3 53.3 33.3 50.0 46.7 36.7 45.0 33.3 2. Provide SAP (Substance Abuse Professional) include Bio and experience as SAP 50 43.3 50.0 35.0 46.7 46.7 36.7 46.7 36.7 3 Provide detailed responses to all EAP questions included in Specs & Qual. 60 51.7 51.7 46.7 56.7 56.7 36.7 50.0 36.7 4. Provide Gen. EAP/Risk Advice & concerns regarding treatment, merging drugs, testing, etc. 30 23.3 25.0 20.0 26.7 26.7 20.0 26.7 20.0 Total 200 166.7 180.0 135.0 180.0 176.7 130.0 168.3 126.7 Within Richmond County 10 10 10 10 Within CSRA 8 Within Georgia 6 6 6 Within SE United States (includes AL, TN, NC, SC, FL) 4 4  All Others 2 2 2 TOTAL 10 6 10 6 4 2 10 2 10 Lowest Fees 10 Second 8 Third 6 Forth 4 Fifth 2 TOTAL 10 0 0 0 0 0 0 0 0 H. References 10 10.0 10.0 10.0 10.0 10.0 10.0 10.0 10.0 Total 750 641.0 633.3 519.3 660.7 630.3 513.3 598.7 498.3 Submittal and Quality of RFP D. Narrative E. Scope of Services G. Proximity to Area Quality of RFP Evaluator: Eval # Date: 3/27/17 Procurement Department Completion Date: 3/27/17 Internal Use Only Note: Respondent/Offeror(s) receiving 600 or more points will be invited to do presentations to provide additional information if deemed necessary. Evaluation Sheet RFP Item #17-161 Employee Assistance Program (EAP) Services for Augusta, GA - Finance Department - Risk Management Evaluation Meeting Date: Monday, March 27, 2017 @ 4:00 p.m. Vendors Total (Total Possible Score 750) Second Round Elimination (Total Points 50) (MUST ACHIEVE 35 POINTS FOR CONTINUED CONSIDERATION) (MUST PASS FOR CONTINUED CONSIDERATION) RANKING - First Round Elimination Proximity to Area (Total Points 10) F. Proximity to Area Scope of Services (Total Points 200) Proposer’s Overall Ability to Provide the Services (Total Points 470) Cost/Fee Consideration Reference(s) (Total Points 10 Procurement DepartmentRepresentative:_____Nancy Williams_________________________________________ FINANCE DEPARTMENT B. Williams, CGFM Timothy E. Schroer, CPA, CGMA Deputy Director May 2,2017 Ms. Geri Sams Procurement Director 535 Telfair Street, Suite 605 Augusta, GA 30901 RE: RFP ltem#17-16l Employee Assistance Program (EAP) Services 'x? i{ftY f; ru 4:1# Dear Ms. Sams: The Evaluation Committee for EAP Services (RFP # 17-16l) has reviewed and scored responses to this request for proposals. It is the consensus and recommendation of the Evaluation Committee that Charles Nechtem Associates Inc., be awarded the bid for Employee Assistance Programs. Based on the criteria used, I concur with the recommendations of the Evaluation Committee. Thank you. Sincerely, Ccw"a-3.a u-d-hor-no Donna B. Williams, CGFM Finance Director Phyllis Mills, Compliance Officer Nancy Williams, Quality Assurance Analyst Timothy Schroer, Deputy Finance Director 535 Telfair Street, Suite 800 Augusta, Georgia 30901 (706) 821-2429 (Offrce) (706) 821-2520 (Fax) WWW.AUGUSTAGA.GOV Cc: Commission Meeting Agenda 8/15/2017 2:00 PM Municipal Campus Phase II Projects Department:Central Services - Facilities Department:Central Services - Facilities Caption:Motion to approve in concept, the Municipal Campus Phase II renovations for the following purposes: Creating options for additional parking and selective demolition; adapting Municipal Building space to accommodate evolving department and commission needs; and renovating satellite buildings to consolidate operations in single locations. (Approved by Administrative Services Committee August 8, 2017) Background:Departments sometimes need to adapt to ongoing operations to effectively meet Commission goals and objectives. These changes frequently require modifications to existing space to make efficient use of existing resources. Analysis:Central Services, in concert with the Administrator's Office and Finance Department, have looked at various options to meet current and future needs. We believe the recommendations outlined herein represent the best options at this time. Financial Impact:The total for the projects under consideration will be within the remaining SPLOST funding allocated to the Municipal Building Campus. In addition, we call Commission's attention to the fact that the attachments outline project budgets. The final costs will not be available until firm bids are taken and ready for award. Alternatives:Receive as information, a report on proposed projects and options for the Municipal Building Campus, to include: • Options for additional parking and selective demolition • Municipal Building space modifications to adapt to evolving department and commission needs • Renovation of satellite buildings to consolidate operations in a single location Recommendation: Approve in concept the proposed Phase II plan and authorize staff Cover Memo to proceed with the projects. All bid awards requiring Commission approval will be placed on subsequent agendas. Funds are Available in the Following Accounts: Funding is to come from $1,100,000 in SPLOST VI allocated to Municipal Campus Projects. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Central Services Department Takiyah A. Douse, Director Municipal Campus Phase II Renovations and Recommendations 1 Phase II Challenges §Dec 2016 Juvenile Court relocated from expensive rental space ($145,680 annually); currently crowded and split between 2 floors §Law Department lacks adequate space for existing staff and room for growth §Wellness Center currently in modular office space; must be relocated due to future demolition plans of 401 Walton Way (LEC) and expected growth 2 Phase II Challenges §Compliance Department lacks adequate space for existing staff and has confidentiality issues with existing setup §Parking lot has inadequate space for tenants and citizens (308 spaces 265 employees) §Parking islands are not irrigated 3 Phase II Recommendations §Expand Law Department by utilizing existing space soon to be vacated as a result of the Engineering Department relocating to the former AT&T Building §Renovate Traffic Engineering Building to relocate Wellness Center §Relocate Compliance Department from the 7th floor to the 5th floor as a result of Augusta 311 relocating to the Central Services Administrative Building 4 Phase II Recommendations §Demolish Engineering Administrative building, construct additional parking (net 5 spaces). §Irrigate landscaping islands §Repurpose office space within Tax Assessor’s Office 5 Municipal Campus Statistics 5 Current Proposed Net Increase/Decrease Campus Employees 265 223 - 42 Parking Spaces 308 313 5 One Hour Parking 6 16 10 Law Department 6 1,571 Sq. ft. Future Programming Current 3,660 Sq. ft. Proposed 6,660 Sq. ft. Wellness Center 7 Current 1,000 Sq. ft. Proposed 1,571 Sq. ft. Compliance Department 5th Floor 8 Current 1,114 Sq. ft. Proposed 1,515 Sq. ft. Parking Layout Concept 9 47 Proposed Spaces 5 Net Municipal Campus Account Balance available as of April 30, 2017 $1,121,251 Estimated Costs _______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Law Department $317,090 Wellness Center $100,000 Compliance Department $84,600 Parking Lot Addition $67,856 10 Municipal Campus Account Irrigation $33,895 Other $89,312 (Parking lot redesign, modifications to Tax Assessor's Office, demolition of engineering building) Total $692,753 New Balance $428,498 11 Commission Meeting Agenda 8/15/2017 2:00 PM Motion to Approve the Creation of a Grant-Funded, County Position of "Case Manager" for the Adult Felony Drug Court Department:Superior Court Department:Superior Court Caption:Motion to approve the creation of a Grant-Funded, County position of "Case Manager" for the Adult Felony Drug Court. (Approved by Public Safety Committee August 8, 2017) Background:Currently, Superior Court's Adult Felony Drug Court contracts with an individual, Everett Cooper, for case management services, which support very specific operations of the Drug Court. Some of the services rendered by Mr. Cooper include assessing participants' specific needs, connecting participants to ancillary services, creating specific action plans for participants, weekly reporting and record-keeping. Due to the nature of the work, the program’s need to have its case manager work in close proximity to the operational hub of the Drug Court, the case manager’s need to have access to various county resources, as well as the need to receive specific guidance and direction from the program’s coordinator, the Court feels it would be appropriate to bring Mr. Cooper, as well as any future successors, into a grant-funded county position. Although a new position would be created by the county if approved, this position will only be filled as long as adequate grant funds are available to cover the expense(s). Analysis: Financial Impact:See attached documentation from Finance Department. Funding is currently available from FY2018 Accountability Court grant. Grant Org Key: 220022635. Standard 10% match comes from Drug Court participant fees. (Acct: 205000000-3511410) Alternatives: Recommendation:Approve Cover Memo Funds are Available in the Following Accounts: See attached documentation from Finance Department. Funding is currently available from FY2018 Accountability Court grant. Grant Org Key: 220022635. Standard 10% match comes from Drug Court participant fees. (Acct: 205000000-3511410) REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 8/15/2017 2:00 PM Motion to approve the creation of a grant-funded, county position of “Case Manager” for the Adult Felony Mental Health and Veterans Courts Department:Superior Court Department:Superior Court Caption:Motion to approve the creation of a grant-funded, county position of “Case Manager” for the Adult Felony Mental Health and Veterans Courts. (Approved by Public Safety Committee August 8, 2017) Background:Superior Court's Adult Felony Mental Health and Veterans Courts are in need of a "Case Manager" to support the operations of the programs. Due to the nature of the work, the program’s need to have a case manager work in close proximity to the operational hub of the Accountability Courts, the case manager’s need to have access to various county resources, as well as the need to receive specific guidance and direction from the program’s coordinator, the Court feels it would be appropriate to create a grant-funded county position, in lieu of a using a standard, external contract position. Although a new position would be created by the county if approved, this position will only be filled as long as adequate grant funds are available to cover the expense(s). Analysis: Financial Impact:See attached documentation from Finance Department. Funding is currently available from FY2018 Accountability Court grants. Grant Org Keys: 220022636 (Mental Health) and 220022637 (Veterans). Standard 10% match comes from Drug Court participant fees. (Acct: 205000000-3511410). This position would utilize a 50/50 split of each grant for one case manager to service both accountability courts. This position would devote half time to Mental Heath Court and half time to Veterans Court. Alternatives: Cover Memo Recommendation:Approve Funds are Available in the Following Accounts: See attached documentation from Finance Department. Funding is currently available from FY2018 Accountability Court grants. Grant Org Keys: 220022636 (Mental Health) and 220022637 (Veterans). Standard 10% match comes from Drug Court participant fees. (Acct: 205000000-3511410). This position would utilize a 50/50 split of each grant for one case manager to service both accountability courts. This position would devote half time to Mental Heath Court and half time to Veterans Court. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 8/15/2017 2:00 PM Municipal Building Electronic Signage Department:Information Technology Department:Information Technology Caption: Motion to approve the Purchase and Implementation of Electronic Display Boards (RFP 17-130A). (Approved by Public Safety Committee August 8, 2017) Background:The Information Technology Department has been working with the Procurement Department, the Marshal’s Office, Central Services Department, Clerk of Commission, and Planning & Development Department in order to assess technology solutions for an electronic signage / display board management system to be deployed in the Municipal Building and IT. An RFP (17-130A) was released in order to determine the vendor for this system, and Four Winds Interactive (FWI) was chosen by a committee composed of personnel from the departments named above. Contract negotiations have been concluded, and the final agreement and attachments are being submitted for the consideration of the commission. This project will result in three message boards being deployed in the Municipal Building and one at IT. Two will be in the commission waiting area (one to display agendas for the Clerk of Commission and another to display agendas for Planning & Development). There will be one large display board in the main lobby to greet citizens and provide them with Augusta news, weather, announcements, and other information. Updates to the display boards will be created and submitted by personnel from the respective departments. Analysis:The installation of these message boards is intended to enhance the experience of citizens and employees that use the municipal building. Currently, the Marshal’s Deputies at the security desk take questions from visitors about where business can be conducted in the Municipal building. The display boards will be mounted on the wall and will be able to present information prepared by the responsible departments. The system, known as Content Manager, is capable of running public announcements, displaying documents (such as agendas), playing videos, showing Cover Memo weather, displaying maps, proving directions, or using any number of apps that available from the FWI app store. This system can also be expanded if we desire in order to accommodate other departments and locations provided that we purchase the appropriate licensing and equipment. Financial Impact:This project will cost an estimated $24,000 to implement. The vendor cost is $22,645, but there are additional cabling costs for the Municipal Building and IT that will be divided among the departments. Central Services is paying for all expenses in the Municipal Building and IT is funding expenses associated with licensing and installing equipment in the IT Building. Alternatives:N/A Recommendation:Approve the Purchase and Implementation of Electronic Display Boards Funds are Available in the Following Accounts: Central Services (GL 328-05-1120, JL 212055101) IT (272015410) REVIEWED AND APPROVED BY: Procurement. Information Technology. Finance. Law. Administrator. Clerk of Commission Cover Memo Municipal Building Digital Signage Project Cost VENDOR EQUIPMENT AND SERVICES All Muni IT Total Software 5,280.00$ 3,960.00$ 1,320.00$ 5,280.00$ Hardware 8,995.00$ FWPW-31 2,397.00$ 799.00$ 3,196.00$ 43" Screens 1,400.00$ 700.00$ 2,100.00$ 49" Screen 1,123.00$ 1,123.00$ Mounts 222.00$ 74.00$ 296.00$ Installation 80.25 26.75 107.00$ Site Survey 141 47 188.00$ Installation 93.75$ 31.25$ 125.00$ Installation 1395 465 1,860.00$ Professional Services 6,870.00$ Solution Dev Workshop 4,875.00$ 1,625.00$ 6,500.00$ FWI Device Setup 277.50$ 92.50$ 370.00$ Subscription Services -$ Annual Maintenance -$ Estimated Charges 1,500.00$ 1,125.00$ 375.00$ 1,500.00$ First Year Total 22,645.00$ 17,089.50$ 5,555.50$ 22,645.00$ Annual Recurring Fees $5,280.00 LOCAL CABLING COST Location Proposed Cost Municipal Building 1st Floor Lobby 265.00$ Municipal Building 2nd Floor Lobby 253.00$ IT Building 1st Floor Lobby 344.00$ Total Cabling & Installation 862.00$ TOTAL PROJECT COST TOTAL PROJECT COST Vendor-Related Costs for Equipment and Services 22,645.00$ Cabling Cost 862.00$ TOTAL 23,507.00$ 1221 Broadway Street Denver,CO 80203 877-204-6679 Phone 720-221-0720 Fax www.fourwindsinteractive.com Created Date 09/15/2016 Quote Number Q-00024725-G Valid Through 08/17/2017 Confidential between Customer and FWi. Not for distribution. Quote Information Proposal Title:City of Augusta -Departmental Readerboard Project -with SDW Prepared By:David Poniatowski E-mail:dponiatowski@fourwindsinteractive.com Phone:720.389.3719 Fax:720.221.0720 Mobile:3039446663 Customer Name:City of Augusta End User Customer Contact:Michael Blanchard E-mail:blanchard@augustaga.gov Phone:(706)821-2862 Contracting Entity:Augusta,Georgia,a political subdivision of the State of Georgia Address Information Ship To:Bill To:Customer Name:City of Augusta Name:City of Augusta Contact:Michael Blanchard AP Contact:Michael Blanchard Address:Procurement Department,ATTN:Geri Sams, Director535Telfair Street –Room 605Augusta,GA 30901 USA Address:Procurement Department,ATTN:Geri Sams, Director535Telfair Street –Room 605Augusta,GA 30901 USA Phone:(706)821-2862 Phone:(706)821-2862 Email:blanchard@augustaga.gov Email:blanchard@augustaga.gov Customer Infrastructure Solution:Create Advanced Hosted Item #Item Description List Price Quantity Billing Total Billing Frequency Contract Term (Months) Software FWI-DYN- HOSTED-ADV- A Dynamic Content Player license - Hosted -Advanced Tier $1,320.00 4 $5,280.00 Annually 36 Hardware FWPW-31 Requires Content Player 5.3,Intel® i3-7100U 2.4Ghz Dual Core,Intel HD620 Graphics,256GB Storage, WIFI,Windows 10 IOT Enterprise LTSB16,4GB RAM,65W,1 Hdmi,4- USB 3.0,RJ45,3 year Swap-It Warranty,32°F ~140°F Cables Included:Hdmi,7'CAT5e $799.00 4 $3,196.00 One-Time Page 1 of 5 1221 Broadway Street Denver,CO 80203 877-204-6679 Phone 720-221-0720 Fax www.fourwindsinteractive.com Created Date 09/15/2016 Quote Number Q-00024725-G Valid Through 08/17/2017 Confidential between Customer and FWi. Not for distribution. Item #Item Description List Price Quantity Billing Total Billing Frequency Contract Term (Months) 43SM5KC-B Non-Touch,LG43”,Resolution 1920x1080,Inputs DPx1,HDMIx1,DVI-Dx1,USBx1, Power cable included,38.17W x 22.2H x 1.51D,Bezel 11.9mm(T/R/L)18mm(B),RS232,VESA 200x200mm,3 year Warranty,L&P ,Stand not included,Anti glare,Daisy- Chain w/built-in speakers $700.00 3 $2,100.00 One-Time 49UH5C Non-Touch,LG 49”,Resolution 3840x2160,Inputs DPx1,HDMIx1,DVI-Dx1,USBx1, Power cable included,43.4W x 25.5H x 1.5D,Bezel 11.9mm(T)12.4(R/L)15.5mm(B), RS232,VESA 300x 300mm,3 year Warranty,Landscape &Portrait, Stand not included $1,123.00 1 $1,123.00 One-Time STX645P TILT SmartMountXT TM Universal Tilt Wall Mount for 32"to 60"Flat Panel Displays -standard model $74.00 4 $296.00 One-Time INSTALL-TRIP- CHARGE Trip Fee Per Day for Install.It is assumed that qty 6 up to 46"screens can be installed per day.Screens over 47"the assumed qty would be qty 4 displays.So you may need to add qty of Trip charges depending on qty of displays per site. $107.00 1 $107.00 One-Time SITE-SURVEY- S Site Survey Under 30 Signs $188.00 1 $188.00 One-Time INSTALL- MATERIAL-M Consumable Material Install -Medium $125.00 1 $125.00 One-Time INSTALL-43- 65WM 43"-65"Signage Wall -No Wiring $465.00 4 $1,860.00 One-Time Professional Services FWi Bronze Solution Development Workshop 1.1 Solution Development Workshop- Bronze Package $6,500.00 1 $6,500.00 One-Time FWI- DEVICESETU P Player Device Setup and Configuration (FWi-provided hardware) $92.50 4 $370.00 One-Time Other FWI-ESTTL Estimated Travel and Living (1 resource,3 days)$1,500.00 1 $1,500.00 One-Time Page 2 of 5 1221 Broadway Street Denver,CO 80203 877-204-6679 Phone 720-221-0720 Fax www.fourwindsinteractive.com Created Date 09/15/2016 Quote Number Q-00024725-G Valid Through 08/17/2017 Confidential between Customer and FWi. Not for distribution. Software $5,280.00 Hardware $8,995.00 Professional Services $6,870.00 Subscription Services $0.00 Annual Maintenance $0.00 Estimated Charges $1,500.00 First Year Total $22,645.00 Annual Recurring Fees $5,280.00 Additional Note Services such as implementation and sign deployment are not included in this proposal. Physical Installation prices are based on the following criteria: •Normal business hours (Mon -Fri 8:00 AM to 5PM) •Non-union employees •Work covered in the specific scope of work (scope is subject to change pending site survey results)•A set number of signs to be installed•Pricing assumes that FWI has sole authority on third party installers to be commissioned and labor rates we are to pay our third party installation partners. Physical Installation items listed below are outside of the original SOW and will require payment: •Time required by sites for safety training (unless specified in SOW). •Site specific documentation or permits.•Transporting hardware long distances between sign locations (unless specified in SOW)•Delays resulting from site issues not caused by FWI contractors. •Cancellation of services with less than a 48hr notice •Any special lifts or scaffolding required for installing signs above the height of 11ft from the ground is to be supplied by client (unless specified in SOW). •Trip fees will also be charged for delays resulting from site issues causing more visits. ****NotesPower,data and wall prep supplied by client. Terms and Conditions INVOICE AND PAYMENT TERMS Payments on all products,services and deposits are billed on net 30 terms unless otherwise stated in the addendum section of this document. Hosting and FWI Drive Services Customer agrees that it shall not push sensitive or proprietary data to any environment hosted by FWI Subscription Software Licenses (Annual or Monthly Billing) The first year of The Subscription Software license term will be billed immediately after the Contract is signed by the Customer and the appropriate software term will commence on the first day of the month after the Contract is signed by the Customer. Page 3 of 5 1221 Broadway Street Denver,CO 80203 877-204-6679 Phone 720-221-0720 Fax www.fourwindsinteractive.com Created Date 09/15/2016 Quote Number Q-00024725-G Valid Through 08/17/2017 Confidential between Customer and FWi. Not for distribution. Terms and Conditions (cont.) Hardware Please Inspect hardware and boxes carefully for any damage to box.If any damage to box is noted please immediately take pictures of the box/boxes and hardware inside.Please report immediately to FWi Project Manager so freight claim can be submitted and processed for replacement.Failure to do so removes Four Winds Interactive from all liability for any damaged products. Any special delivery services such as lift gate requirements,construction sites,government properties,trade shows deliveries, ones requiring appointments,redeliveries,or other special delivery situations that may occur are subject to additional charges to the customer.These situations are not always known ahead of the delivery attempt and will be billed on the back end of the job. Shipping Shipping charges will be invoiced for hardware as incurred and will identify any offset if a Hardware Deposits has been received by FWI in advance. Professional Services Professional Services offered on a fixed fee basis are billed immediately after the Contract is signed by the Customer. Taxes Taxes,if applicable,will be included on the invoice for the associated item charge.Customers exempt from sales taxes must provide valid documentation to FWI prior to the time of invoicing. Travel and Living Expenses Travel and living costs based on the services quoted have been estimated.If a PO is to be issued for this project it must include the Travel and Living estimate as quoted,with the understanding that only actual Travel and Living costs will be invoiced. ACKNOWLEDGEMENT OF CONTRACT DOCUMENTS By signing on the signature line,the Parties accept and agree to the terms contained in the following documents: 1.The Master Software and Services Agreement entered into between the parties,dated June 21,2017;and 2.The Solution Development Professional Service Package description appended to this quote. By signing on the authorized signature lines,or by issuing a Purchase Order that expressly references this quote and has been approved in advance by FWI,the Contracting Entity,including its authorized agents,agree that the contract documents referenced above are binding and enforceable,and apply to the software,services and/or hardware to be utilized by the Contracting Entity and/or the Customer as set forth on this quote.The Contracting Entity and/or the Customer further acknowledges that any PO terms,which contradict the contract documents above,shall have no force and effect.By signing below the signatory warrants and represents that he/she is an authorized representative of either Four Winds Interactive,LLC on the one hand,or the Contracting Entity and Customer on the other,and can legally bind these entities accordingly. Page 4 of 5 1221 Broadway Street Denver,CO 80203 877-204-6679 Phone 720-221-0720 Fax www.fourwindsinteractive.com Created Date 09/15/2016 Quote Number Q-00024725-G Valid Through 08/17/2017 Confidential between Customer and FWi. Not for distribution. Signature Acknowledgement By signing this Quote or issuing a Purchase Order pursuant to this Quote,Customer acknowledges that the above Terms and Conditions shall be enforceable by FWi and shall supersede all other terms and conditions. {{*_es_:signer:company }}FOUR WINDS INTERACTIVE LLC (Contracting Entity Legal Name) By:{{_es_:signer:signature }}By: (Signature of Authorized Representative)(Signature of Authorized Representative) Name:{{_es_:signer:fullname }}Name: Title:{{*Title_es_:signer:title }}Title: Date:{{_es_:signer:date }}Date: {{_es_:checkbox:signer:showif(Title=A1B3C5D7E9F2G4H6I8J0)}}Page 5 of 5 Copyright © 2014 Four Winds Interactive LLC. All rights reserved. All documentation and any other material supplied in this response remain the exclusive property of Four Winds Interactive LLC. Any use or copying of such materials without specific authorization is prohibited. 1.877.204.6679 www.fourwindsinteractive.com 1221 Broadway Street sales@fourwindsinteractive.com Denver CO 80203 Solution Development Workshop Bronze Package Overview As a leader in visual communications, with thousands of successful implementations, employing skilled resources across different industry domains, Four Winds Interactive (FWI) has developed an iterative and client-engaging solution for visual communication network. As part of the proposed solution, an FWI resource will educate you in the software with a hands on experience for you and your team. Once onsite, the resource will provide best practices based on your business needs and requirements provided to them in the discovery call(s) prior to the onsite. Training FWI will conduct a two hour session to prepare workshop participants for the onsite sign development sessions. The session may consist of the following topics:  Overview of Content Manager and Content Player software  FWI best practices  How to build a template  Adding and scheduling content  Live Data review  Network Overview  Deployment and saving Solution Development Workshop :: Bronze Four Winds Interactive :: 2  FWI Store App Configuration Discovery Two collaborative remote sessions (up to two hours per session), identifying the client’s business requirements and how they impact the:  Types of content to be displayed  Recommended unique templates to be created  Basic functionalities that can be achieved through FWI software  Aspect ratios on templates and regions  Identifying necessary customer-provided assets  Overall user interface design and user experience  Prioritization of the application builds Sign Development Workshop Three-day, onsite workshop for customer and their team to develop applications that satisfy the objectives identified in the Business Needs Discovery session. Sessions will consist of one FWI sign development resources and up to four client resources. The ideal candidates for this workshop will have technical experience, including basic networking concepts, familiarity with design software, and an overall understanding of technology. Sessions will be architected to encompass the client’s needs, including:  Template design and development  Template element and live data setup  Creation of desired template functionality  Staging of content  Scheduling for alternate content  Customized training on all software and sign elements depending on the complexity of the individual solution  FWI sign build best practices  Next steps and professional service options if the solution is not completed before the conclusion of the Sign Development Workshop Post Workshop Q&A Upon completion of the onsite Sign Development Workshop, one of the FWI sign development resources will be available remotely for up to a total of one hour to respond to follow-up questions via phone or email. Allocated time must be utilized within thirty days of completion of the onsite Sign Development Workshop. Solution Development Workshop :: Bronze Four Winds Interactive :: 3 FWI Standard Assumptions, Terms and Conditions A full list of FWI Out of Scope Items, Assumptions and Customer Responsibilities are available in the link below, which shall apply and may only be modified or supplemented as set forth below in the ProServ-Specific section of this document. http://www.fourwindsinteractive.com/StatementOfWorkAppendix_FWIStandard Out of Scope Items Any software features demonstrated during the sales process not listed in the scope above and not specifically available in the self-serve model or FWI-hosted environment, ex. specific integration adapters. Custom development services. Integration Framework and formatting data sources that require Integration Framework. Data migration or data entry. The need to convert content into file formats compatible with Content Manager Desktop / Content Player. Network configuration, wiring, or physical installation of any components at Customer’s site. Software, hardware, and third party subscriptions are not included in the cost of the package. Package cost is limited to Professional Services designated above. Implementation services for device configuration, network diagram, or software implementation. Project Assumptions, Terms and Conditions The FWI staff will request specific feedback and decisions to be turned around within a window of time during the workshops; if decisions and detailed direction are not reached in this period, FWI will move forward as planned. The FWI staff will work with up to four client resources (one ultimate decision-maker required) at one location for the onsite collaboration sessions. The client’s time will be dedicated to the project timeline. The final deliverable is achieved through the joint efforts of FWI’s sign development resource in conjunction with the client’s team. The success of the workshop is contingent on client’s readiness, decisiveness, and resource time dedication and ability/skill set. FWI will provide the necessary training and best practices consistent with the requirements defined in the Business Needs Discovery discussions. The customer’s effort and knowledge of the software will determine the percentage of completion of the sign(s) produced After completion of the Business Needs Discovery, any changes made to the defined requirements may result in FWI not being able to meet the newly defined requirements within the scope of this Solution Development Workshop. FWI will give our best effort to accommodate any alterations to the originally scoped requirements. All Customer-provided backgrounds must match the resolution of the proposed display. All Customer-provided images must be 96dpi. Standard Customer-supplied content must be any of the following: PowerPoint, Flash, Image, Video, Word, PDF, Text, and HTML. For any App or region that will only use "Standard Content," FWi will schedule up to six items. Onsite sessions require a minimum of four weeks advance notice for scheduling. Onsite travel and expenses will be billed as incurred. Onsite time is limited to standard business days and no more than eight hours per day per FWI resource at client-prescribed location. Solution Development Workshop :: Bronze Four Winds Interactive :: 4 Remote access for Content Manager must be confirmed at least two weeks in advance of commencement. FWI makes no guarantee in network performance for distributing content outside of its control. This is a fixed-fee proposal, excluding estimated sales tax, actual travel expenses, and shipping expenses. All amounts shall be invoiced and paid pursuant to the payment schedule agreed to between the parties. No additional professional services shall be included. The fixed-fee amount stated herein relates to the current scope of the project contemplated by this proposal only. If Customer desires to implement applications that require custom integrations, 3rd party subscriptions, or any other add-on, such an effort will be discussed in a separate Statement of Work. All hardware and software for Content Manager Desktop and Content Players must meet FWI minimum system requirements for the current software version. System requirements are available on FWI Connect. Customer is subject to a cancellation penalty equal to 100% of estimate hours for either the upgrade or training time not rescheduled at least 24 hours in advance of remote session. If, during implementation, new Customer stakeholders and / or project resources are introduced, or existing team members are not available for required approvals and reviews, additional professional services costs and / or expanded implementation timeframes may be required to realize customer’s objectives, which will be discussed and agreed upon separately. If the Customer requires project to be put on hold for any reason, Customer will be responsible for all professional services costs utilized before notification is received. All projects that are removed from hold will be subject to new schedules, timeframes, and resource assignments. Additionally, after 90 days, projects may require re-engagement to include re-scoping. Services provided are subject to the terms and conditions of the Master Software and Services Agreement (the “Agreement”) and, unless negotiated otherwise, all charges related to such Services shall be invoiced upon execution of the Agreement and due as set forth therein. Customer shall make its designated representatives available to accomplish the delivery of designated services contained within this Package within one year of the purchase date of the package, such that all components of this package are implemented and all related training delivered within one year. Projects not scheduled within six months of signed Agreement or put on hold by client for a period of time which exceeds six months from the date of signed Agreement will be closed and invoiced in full. Customer Responsibilities Data and content needs identified by the configuration parameters within the selected applications are the Customer’s responsibility and must be provided to FWI in a discussed timeline. Customer shall specify one named software / signage owner for this implementation. Client-designated sign-off resources (limited to two decision makers) shall be dedicated for the duration of the onsite time. If Customer is not storing content in a hosted environment, Customer must provide specific shared folder access for content storage that is accessible to signage network. Network configuration which may include, depending on Customer’s desired configuration, adding Player PCs or Servers to the Customer’s domain. If PC configuration is not purchased separately, Customer will complete the configuration of all PCs. Customer is responsible for meeting FWI configuration guidelines prior to implementation. Configuration Services are available for a fee. Customer is responsible for all labor relating to site preparation and mounting of hardware, components including displays, racking players, and other A/V or networking equipment, unless otherwise purchased service from FWI. Solution Development Workshop :: Bronze Four Winds Interactive :: 5 Customer is responsible for all wiring, cabling, and electrical work required. Physical installation must be complete prior to FWI final deployment. Customer must provide a secure storage location for all equipment shipped to Customer’s location, if purchased from FWI. Customer shall provide adequate ventilation for all hardware used in digital signage network. If Customer wishes to use its own Microsoft Office Site License, Customer must provide registration number to FWI’s Professional Services group before the final hardware is shipped. It is the Customer’s responsibility to ensure customer-provided devices meet FWI hardware requirements. Solution Development Workshop :: Bronze Four Winds Interactive :: 6 Customer Approval The parties accept and agree to the above SOW terms and that such shall be subject to the previously agreed upon terms and conditions between the parties either pursuant to Software Maintenance and Professional Services Agreement or Master Software and Services Agreement. {{ * _es_:signer:company }} Customer Legal Entity Name Signature: {{ *_es_:signer:signature }} Name: {{ *_es_:signer:fullname }} Title: {{ *_es_:signer:title }} Date: {{ *_es_:signer:date }} FOUR WINDS INTERACTIVE LLC Signature: Name: Title: Date: FWI MSA: Domestic Sale Direct to End User – Subscription 2017-07-212017-05-22 Page 1 MASTER SOFTWARE AND SERVICES AGREEMENT This Agreement (the “Master Agreement”), effective as of May 22, 2017 (“Effective Date”), is entered into by and between Four Winds Interactive LLC, a Colorado limited liability Company having its principal office at 1221 Broadway Street, Denver, Colorado 80203 (“FWI”) and Augusta, Georgia, a political subdivision of the State of Georgia, with its place of business at 535 Telfair Street, Suite 200, Augusta, GA U.S.A., 30901 (“Customer”, “you”, or “your”). ARTICLE I – INTRODUCTION AND OVERVIEW A. This Master Agreement provides the terms pursuant to which FWI agrees to provide our visual communications platform, The Visual Layer™, to you. Our visual communications platform is typically comprised of three components: Visual Communications Software, Professional Services and Hardware. The terms pursuant to which FWI agrees to license its proprietary Visual Communications Software to you are set forth in the Software Addendum. The terms governing your purchase of Professional Services (including any Third Party Subscriptions) and Hardware from FWI, are set forth in the Professional Services Addendum and the Hardware Addendum, respectively. Depending upon what solution you choose, these Addenda are incorporated into this Master Agreement by reference, as if fully set forth herein. B. The specific pricing for Visual Communications Software Licenses, Professional Services, Hardware and Third Party Subscriptions are set out in the Opportunity Document(s) which are specific to each opportunity based upon your needs and goals, and are incorporated herein by reference. The Opportunity Document(s) include a Quote and may also include a Statement of Work. Successive Opportunity Document(s) may be issued over time referring back to this same Agreement. This Master Agreement is intended to be a comprehensive set of terms that operate in conjunction with the specific terms contained in the Opportunity Document(s). If there is a contradiction between this Master Agreement and the Opportunity Document(s), the terms of the Opportunity Document(s) shall prevail. All defined terms contained in this Master Agreement are set forth in Exhibit A. C. By accepting this Master Agreement, which may occur through signature, clicking a box indicating your acceptance or by signing a Quote that incorporates by reference this Master Agreement, you agree to the terms of this Master Agreement. If you are entering into this Master Agreement on behalf of a Company or other legal entity, you represent that you have the authority to bind such entity, its employees, authorized agents and affiliates to these terms and conditions, in which case the terms “Customer”, “you “ or “your” shall include such entity, employees, agents and affiliates. If you do not have such authority, or if you do not agree to comply with these terms and conditions, you must not accept this Master Agreement and may not purchase or use the Visual Communications Software, Professional Services, Third Party Subscriptions or Hardware. D. Table of Contents. 1) Article I – Introduction and Overview 2) Article II – Fees and Payment 3) Article III – Proprietary Rights and Confidentiality 4) Article IV – Warranties 5) Article V – Indemnification and Limitation of Liability 6) Article VI – General Terms 7) Exhibit A – Definitions FWI MSA: Domestic Sale Direct to End User – Subscription 2017-07-212017-05-22 Page 2 ARTICLE II – FEES AND PAYMENT A. Invoicing and Payment Terms. 1) Fees. You agree to pay all fees arising from your purchase of Visual Communications Software, Professional Services, Third Party Subscriptions and/or Hardware in accordance with the payment terms specified in the Opportunity Document(s). Except as otherwise specified herein or in the Opportunity Document(s), (i) fees are based on Visual Communications Software Licenses and Services purchased and not actual usage, (ii) payment obligations are non-cancelable and fees paid are non-refundable, and (iii) quantities purchased cannot be decreased during the relevant term identified in the Opportunity Document(s). 2) Invoicing and Payment. You may provide Us with valid and updated credit card information, or with a valid purchase order or alternative document reasonably acceptable to us. If you provide credit card information to us, you authorize us to charge such credit card for all purchased Visual Communications Software Licenses, Professional Services and Hardware listed in the Opportunity Document(s) for the initial term and any renewal term(s) as set forth in Article VIII. Credit cards will not be accepted for payments above Twenty-Five Thousand Dollars ($25,000.00) unless you agree to pay a credit card usage fee of 3% in addition to the amounts due FWI. Invoices will be issued and charges processed in advance, either annually or in accordance with any different billing frequency stated in the applicable Opportunity Document(s). Unless otherwise stated in the Opportunity Document(s), invoiced charges are due net 30 days from receipt. You may elect to issue a Purchase Order as a condition precedent to FWI invoicing you for amounts due. Please understand that any terms included on the Purchase Order which directly or indirectly contradict the terms of this Master Agreement and/or the Opportunity documents shall have no binding effect on FWI, as the Master Agreement and Opportunity Documents take precedence. Further, you are responsible for providing complete and accurate billing and contact information to us and notifying us of any changes to such information. 3) Overdue Charges. If any invoiced amount is not received by us by the due date, then without limiting our rights or remedies, (a) those charges shall accrue no interest, (b) We may condition future renewals and additional purchases on paying the amount past due and on payment terms shorter than those specified in the Opportunity Document(s). 4) Suspension of Visual Communications Software License Keys, Service and Acceleration. If any amount owing by you under this Master Agreement, the Opportunity Document(s) or any other negotiated agreement is thirty (30) or more days overdue, we may, without limiting our other rights and remedies, accelerate your unpaid fee obligations so that all such obligations become immediately due and payable, and suspend our Visual Communications Software Subscription Licenses and Professional Services until such amounts are paid in full. We will give you at least 10 days’ prior notice by email that your account is overdue before suspending Visual Communications Software Subscription Licenses Keys and Professional Services to you. 5) Payment Disputes. We will not exercise our rights under Section 3 (Overdue Charges) or Section 4 (Suspension of Visual Communications Software Licenses Keys, Service FWI MSA: Domestic Sale Direct to End User – Subscription 2017-07-212017-05-22 Page 3 and Acceleration) above if you are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute. 6) Taxes. Augusta, Georgia is a governmental entity, and thus all taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”) shall be waived. 7) FWI reserves the right to apply Deposits and/or over payments to outstanding invoices at FWI’s discretion. You acknowledge FWI will not order Hardware and will not initiate Services prior to receipt of required Deposit amounts due under any applicable Opportunity Document(s). 8) You may receive access to the Visual Communications Software through temporary license keys prior to your payment of the Visual Communications Software License Subscription Fee. You acknowledge that such Visual Communications Software License shall be conditional until payment of the Subscription Fee has been received by FWI, and shall automatically terminate for failure to pay. The Visual Communications Software Subscription License shall be afforded only for the time period for which the Visual Communications Software Subscription License Fee applies. 9) Beginning with the first year following purchase of the Visual Communications Software and for each subsequent year thereafter, FWI may adjust the Software Subscription License Fee and recurring Professional Services fees by an amount that shall not exceed the increase in the Consumer Price Index (CPI), as of the second calendar month preceding the date of this Master Agreement is accepted. FWI shall provide you with advance notice of any such increase. 10) Third-party pass-through costs or subscriptions, if any, may be increased at the time and in the manner the increases are received from the third party. B. Purchase of Additional Visual Communications Software Licenses. You may purchase or subscribe to additional Visual Communications Software Subscription Licenses and or Services pursuant to this Master Agreement. The quantities and prices applicable to such additional purchases shall be set forth in the applicable Opportunity Document(s). Unless specified in the Opportunity Document(s), FWI does not lock prices for future purchases. ARTICLE III – PROPRIETARY RIGHTS AND CONFIDENTIALITY A. Ownership. You acknowledge that all copies of the Visual Communications Software and Documentation in any form provided by FWI or made available to you, as permitted herein, are the sole property of FWI. You shall have no right, title, or interest to any such Visual Communications Software, Documentation or copies thereof except as provided in this Master Agreement, and further shall secure and protect all Visual Communications Software and Documentation consistent with maintenance of FWI’s proprietary rights therein and consistent with the terms set forth in the Software Addendum and Professional Services Addendum. FWI MSA: Domestic Sale Direct to End User – Subscription 2017-07-212017-05-22 Page 4 B. FWI Standard Materials and Tools. You agree that in connection with the provision of Visual Communications Software and Professional Services hereunder, FWI may provide or use certain pre-existing materials, information, software components and proprietary tools to FWI (collectively, “FWI Standard Materials and Tools”). You acknowledge that all right, title and interest in and to all pre-existing FWI Standard Materials and Tools is and remains the exclusive property of FWI. FWI retains the right to re-use, transfer, distribute and license to any of its current and future clients any of its FWI Standard Materials and Tools. For avoidance of doubt unless specifically identified as “work for hire” in the Opportunity Document(s), all Software Products and Professional Services provided hereunder shall be considered preexisting FWI Standard Materials and Tools. C. Confidentiality. 1) Acknowledgement. You hereby acknowledge and agree that the Visual Communications Software Documentation and the Opportunity Document(s) contain valuable proprietary information and trade secrets of FWI and/or its suppliers, embodying substantial creative efforts and confidential information, ideas, pricing and expressions. Accordingly, you agree to treat (and take precautions to ensure that your employees, contractors, agents and representatives treat) the Visual Communications Software, Documentation and the contents of Opportunity Document(s) as confidential in accordance with the confidentiality requirements and conditions set forth below. 2) Your Property. FWI agrees that all data, content, and intellectual property supplied by you shall remain the exclusive property of you. FWI shall treat all such Property designated as Confidential as Confidential Information as defined herein. 3) Mutual Obligations Regarding Confidential Information. The term “Confidential Information” shall mean the information disclosed by either party under this Master Agreement which is in written, recorded, photographic, machine-readable, or other physical form or oral information which may be reduced to writing as soon as practicable after disclosure to the other party and which may be marked or labeled “Confidential”, “Proprietary”, “Sensitive”, or in any other manner indicating its confidential and/or proprietary nature. Each party agrees to keep confidential all Confidential Information disclosed to it by the other party in accordance herewith, and to protect the confidentiality thereof in the same manner it protects the confidentiality of similar information and data of its own (at all times exercising a reasonable degree of care in the protection of confidential information); provided, however, that neither party shall have any such obligation with respect to use or disclosure to others not parties to this Master Agreement if such confidential information is established to: (a) have been known publicly; (b) have been known generally in the industry before communication by the disclosing party to the recipient; (c) have become known publicly, without fault on the part of the recipient, subsequent to disclosure by the disclosing party; (d) have been known otherwise by the recipient before communication by the disclosing party; or (e) have been received by the recipient without any obligation of confidentiality from a source (other than the disclosing party) lawfully having possession of such information. 4) Utilization of our Confidential Information. You agree that you shall utilize the Company’s Proprietary and Confidential Information solely for the purpose of utilizing the Visual Communications Software and shall not use such Confidential and Proprietary Information for any FWI MSA: Domestic Sale Direct to End User – Subscription 2017-07-212017-05-22 Page 5 other purpose. Specifically, you shall not use Company’s Confidential and Proprietary Information to develop or sell software products or services that are directly competitive with our Visual Communications Software and Services as set forth in this Master Agreement. 5) Injunctive Relief. You acknowledge that the unauthorized use, transfer or disclosure of Confidential Information, including the Visual Communications Software and the Documentation or copies thereof will (i) substantially diminish the value to FWI of the trade secrets and other proprietary interests that are the subject of this Master Agreement; (ii) render FWI’s remedy at law for such unauthorized use, disclosure or transfer inadequate; and (iii) cause irreparable injury in a short period of time. If you breach any of your obligations with respect to the use or confidentiality of FWI’s Confidential Information, FWI may, in addition to any other legal or equitable rights or remedies which may be available to it, seek and obtain equitable relief to protect its interests therein, including, but not limited to, preliminary and permanent injunctive relief without necessity of proving actual damages or posting bond. D. Non-Solicitation. During the term of this Master Agreement and for a period of two years thereafter, you agree not to solicit any FWI employee to leave their employment with FWI in order to pursue employment with you or to pursue any other engagement outside of their duties and responsibilities with FWI. ARTICLE IV – WARRANTIES A. General Warranties. 1) FWI represents that it is the owner of the entire right, title, and interest in and to Visual Communications Software, that it has the sole right to grant Visual Communications Software Licenses hereunder, and that it has not knowingly granted licenses to any other entity that would restrict rights granted hereunder. 2) FWI represents and warrants that the Visual Communications Software, when properly installed and used with the Designated Equipment in accordance with the Documentation, will perform substantially as described in the Documentation provided that: (a) you remain a continuous fully paid subscriber to the Software Subscription Service pursuant to this Master Agreement; (b) you have properly installed all updates provided by FWI; (c) you are using the Visual Communications Software in accordance with FWI’s Opportunity Document(s), the Documentation, and this Master Agreement; (d) any error or defect detected is reproducible by FWI; and (e) you notify FWI of any nonconformance. 3) FWI represents and warrants that it shall use commercially reasonable efforts to provide the Visual Communications Software and Professional Services hereunder in a professional and workmanlike manner substantially in accordance with this Master Agreement and the Opportunity Document(s). 4) Notwithstanding the warranty provisions set forth herein, all of FWI’s obligations with respect to such warranties shall be contingent on your use of the Visual Communications Software in accordance with this Master Agreement and in accordance with the Documentation, as may be amended, supplemented, or modified by FWI from time to time and made available to you. FWI shall have no warranty obligations with respect to any failures of the Visual FWI MSA: Domestic Sale Direct to End User – Subscription 2017-07-212017-05-22 Page 6 Communications Software which are the result of accident, abuse, misapplication, a change in your IT platform or infrastructure/data systems, extreme power surge or extreme electromagnetic field. 5) FWI’s entire liability and your exclusive remedy respecting the warranties herein shall be, at FWI’s option, either (a) return of the price paid for Visual Communications Software or (b) repair or replacement of the Visual Communications Software upon its return to FWI; provided FWI receives written notice from you of the alleged breach. 6) THE WARRANTIES STATED HEREIN ARE THE SOLE AND THE EXCLUSIVE WARRANTIES OFFERED BY FWI. THERE ARE NO OTHER WARRANTIES RESPECTING THE VISUAL COMMUNICATIONS SOFTWARE AND DOCUMENTATION OR SERVICES PROVIDED HEREUNDER, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF DESIGN, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, EVEN IF FWI HAS BEEN INFORMED OF SUCH PURPOSE. NO AGENT OF FWI IS AUTHORIZED TO ALTER OR EXCEED THE WARRANTY OBLIGATIONS OF FWI AS SET FORTH HEREIN. ARTICLE V – INDEMNIFICATION AND LIMITATION OF LIABILITY A. Indemnification Obligations. 1) Each party shall indemnify each other from and against all Third Party Claims incurred by or asserted against such indemnitee to the extent such Third Party Claims relate to, arise out of or result from: (i) physical injury to or death of any person or damage to tangible property caused by any willfully or intentionally wrongful, or negligent, act or omission of any employee or agent of the indemnifying party relating to this Master Agreement. 2) FWI shall indemnify, hold harmless and defend you against any actions brought against you to the extent that such action is based on a claim that the Visual Communications Software, when used in accordance with this Master Agreement, infringes on any intellectual property right of a third party. FWI shall pay all costs, settlements and damages finally awarded; provided, that you promptly notify FWI in writing of any claim, gives FWI sole control of the defense and settlement thereof and provides all reasonable assistance in connection therewith. If any Visual Communications Software is finally adjudged to so infringe, or in FWI’s opinion is likely to become the subject of such a claim, FWI shall, at its option, either: (i) procure for you the right to continue using the Visual Communications Software (ii) modify or replace the Visual Communications Software to make it non-infringing, or (iii) refund the fee paid, less reasonable depreciation, upon return of the Visual Communications Software. FWI will not defend and does not indemnify you from any claim arising out of: (i) use of other than a current, unaltered release of the Visual Communications Software unless the infringing portion is also in the then current, unaltered release, (ii) use of the Visual Communications Software in combination with non-FWI software, data or equipment if the infringement was caused by such use or combination, (iii) any modification or derivation of the Visual Communications Software not specifically authorized in writing by FWI or (iv) use of third party software. THE FOREGOING STATES THE ENTIRE LIABILITY OF FWI AND THE EXCLUSIVE REMEDY FOR LICENSEE RELATING TO INFRINGEMENT OR CLAIMS OF INFRINGEMENT OF ANY COPYRIGHT OR OTHER PROPRIETARY RIGHT BY THE VISUAL COMMUNICATIONS SOFTWARE. FWI MSA: Domestic Sale Direct to End User – Subscription 2017-07-212017-05-22 Page 7 3) Through the use of the Visual Communications Software License granted hereunder you will display content including your own content or content procured from external sources. You acknowledge and agree that FWI is not responsible for the legality or accuracy of the particular content you choose to display or the availability of any external content sources. FWI does not endorse any materials available from such external sources. You acknowledge and agree that FWI is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any content available from such third party sources. You shall indemnify and hold harmless FWI, its officers, agents and employees from and against any claims, demands, or causes of action whatsoever, including without limitation those arising on account of your modification of the Visual Communications Software or otherwise caused by the content displayed by you, your sublicenses, if any, your subsidiaries or their officers, employees, agents or representatives. 4) You shall indemnify and hold FWI harmless from, and bear all expense of, complying with all foreign or domestic laws, regulations or requirements pertaining to the importation, exportation, or use of the technology provided herein. You shall not directly or indirectly export or re-export (including by transmission) any regulated technology to any country to which such activity is restricted by U.S. regulation or statute, without the prior written consent, if required, of the Bureau of Export Administration of the U.S. Department of Commerce. B. Limitation of Liability. IN NO EVENT WILL FWI BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR LOSS OF DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL FWI’S LIABILITY FOR DAMAGES HEREUNDER EXCEED THE AMOUNTS ACTUALLY PAID BY YOU FOR VISUAL COMMUNICATIONS SOFTWARE UNDER THIS MASTER AGREEMENT. THE PARTIES ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION ARE INTEGRAL TO THE AMOUNT OF CONSIDERATION LEVIED IN CONNECTION WITH THIS MASTER AGREEMENT, AND YOU FURTHER ACKNOWLEDGE THAT FWI’S PRICING REFLECTS THIS ALLOCATION OF RISK AND THE LIMITATION OF LIABILITY SPECIFIED HEREIN. ARTICLE VI - GENERAL TERMS A. Insurance. Subject to Customer’s Statement of Liability Coverage, each party agrees to carry comprehensive general liability and property damage insurance with combined bodily injury and property damage. B. Marketing License. You and the End User grant to FWI a worldwide, royalty-free, non- transferable, and non-exclusive limited license to use your Brand Features and your non- confidential content for the sole purpose of publicizing or advertising that you are using FWI Visual Communications Software and the FWI Visual Communications Platform (for example, by using your marks in presentations, marketing materials, customer lists, financial reports and website listings, or by creating marketing or advertising materials that show screenshots in which your visual communications are featured). FWI MSA: Domestic Sale Direct to End User – Subscription 2017-07-212017-05-22 Page 8 C. Term and Termination. 1) Term of Purchased Subscriptions. The term of each subscription shall be as specified in the applicable Opportunity Document(s). Unless otherwise specified in an Opportunity Document(s), the term applicable for recurring Software Subscriptions and Professional Services shall be three (3) years. Subscriptions for Visual Communications Licenses and recurring Professional Services may automatically renew for two additional one-year terms, unless either party gives the other notice of non-renewal at least 30 days before the end of the existing subscription term. 2) Termination. A party may terminate this Master Agreement by providing written notice thirty (30) days prior to expiration of the existing Term as set forth above. The Termination of this Master Agreement shall not impact the term applicable to any specific Opportunity, which shall continue in accordance with the particular term set forth in the Opportunity Document(s). 3) Events of Default. Each of the following events shall constitute an “Event of Default”: a. FWI 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 FWI, if such failure continues uncured for thirty (30) calendar days after Customer gives FWI written notice of the failure and the specific nature of such failure. b. FWI shall commit any fraud, misrepresentation, breach of fiduciary duty, willful misconduct, or intentional breach of any provision of this Master Agreement or any Opportunity Document. 4) Termination Upon Event of Default by FWI. Failure of FWI, which has not been remedied or waived, to perform or otherwise comply with a material condition of the Master Agreement or any Opportunity Document shall constitute default, and Customer may terminate in part or in whole upon written notice to FWI. 5) Payment Upon Termination. Upon a termination of this Agreement, Augusta shall pay to FWI the part of the Compensation which would otherwise be payable to FWI 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. 6) Termination by FWI. FWI may terminate this Agreement upon the substantial breach by the City of a material provision of this Agreement including failure to pay or as set forth in this Article VI, Section C. 7) Termination for Convenience. Upon advance written notice to FWI, Customer may, without cause and without prejudice to any other right or remedy of FWI, elect to terminate the Professional Services procured under this Agreement. In such case, FWI shall be paid (without duplication of any items): a. For completed and acceptable work executed in accordance with the terms of the agreement prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such work; b. For expenses incurred prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the contract documents in connection with uncompleted work, plus fair and reasonable sums for overhead and profit on such expenses; FWI MSA: Domestic Sale Direct to End User – Subscription 2017-07-212017-05-22 Page 9 c. For all claims, costs, losses and damages incurred in settlement of terminated contracts with subcontractors, suppliers and others, and; for reasonable expenses directly attributable to termination. 8) Effect of Termination. In no event will termination relieve you of your obligation to pay any fees payable to us for the period prior to the effective date of termination. 9) Your Data Portability and Deletion. If you have chosen a hosted component, upon request by you made within 30 days after the effective date of termination or expiration of this Master Agreement, We will make your Data available to you for export or download as provided in the Documentation. After that 30-day period, we will have no obligation to maintain or provide your Data, and will thereafter delete or destroy all copies of your Data in our systems or otherwise in our possession or control as provided in the Documentation, unless legally prohibited. 10) Surviving Provisions. Sections II, III, IV, V, and VI shall survive any termination or expiration of this Master Agreement. 11) Obligations on Termination. Within ten (10) days after termination of this Master Agreement or the Visual Communications Subscription Software License granted hereunder, you shall (i) cease and desist all use of the Visual Communications Software and Documentation, (ii) delete all full or partial copies of the Visual Communications Software from your equipment, including any archive or backup copies, (iii) delete or destroy all Documentation in your possession or under your control, and (iv) provide a written declaration to FWI of its compliance with this provision. If you do not comply with your obligations on termination, FWI may in its sole discretion disable the Visual Communications Software and pursue all remedies available hereunder or at law to obtain your compliance with this provision. D. Notice. All notices, authorizations, and requests in connection with this Master Agreement shall be deemed given (i) five days after being deposited in the U.S. mail, postage prepaid, certified or registered, return receipt requested; or (ii) one day (two days if international) after being sent by overnight courier, charges prepaid; and addressed to the notice address indicated on the Proposal or to such other address as the party to receive the notice or request so designates by written notice to the other. Notices sent to Augusta shall be directed to: Augusta, Georgia Information Technology ATTN: Tameka Allen, Director 535 Telfair Street Building 2000 Augusta, Georgia 30901 FWI MSA: Domestic Sale Direct to End User – Subscription 2017-07-212017-05-22 Page 10 Augusta, Georgia Law Department ATTN: Andrew Mackenzie, General Counsel 535 Telfair Street Building 3000 Augusta, Georgia 30901 Notices sent to FWI shall be directed to: Four Winds Interactive LLC Attn: Legal Department 1221 Broadway Denver, CO 80203 E. Entire Agreement. This Master Agreement, together with the Opportunity Document(s) and any exhibits thereto contain the entire understanding and agreement between the parties respecting the subject matter hereof. This Master Agreement may not be supplemented, modified, amended, released or discharged, and no additional or prior terms shall apply, except by an instrument in writing signed by each party's duly authorized representative. For the avoidance of doubt, if there is any inconsistency (i) between the Opportunity Document(s) and this Master Agreement, the terms of the Opportunity Document(s) shall prevail; and (ii) between the terms of your Purchase Order and this Master Agreement (including the Opportunity Document(s)), the terms of this Master Agreement shall prevail. Any waiver by either party of any default or breach hereunder shall not constitute a waiver of any provision of this Master Agreement or of any subsequent default or breach of the same or a different kind. F. Independent Contractor Status. Each party and its people are independent contractors in relation to the other party with respect to all matters arising under this Master Agreement. Nothing herein shall be deemed to establish a partnership, joint venture, association or employment relationship between the parties. G. Assignment. Neither this Master Agreement nor any rights or obligations hereunder may be transferred or assigned without the other party’s prior written consent, which shall not be unreasonably withheld, and any attempt to the contrary shall be void. Notwithstanding the foregoing, FWI may assign this Master Agreement and any applicable Opportunity Document(s) and/or any rights and/or obligations hereunder to: (i) any successor by merger, acquisition, consolidation or other corporate restructuring; (ii) any parent or majority owned subsidiary; or (iii) any entity which acquires all or substantially all of FWI’s assets. H. Choice of Law and Exclusive Jurisdiction. The laws of the State of Georgia shall govern the agreement between Augusta, GA and FWI with regard to its interpretation and performance, and any other claims related to this agreement. All claims, disputes and other matters in question between Augusta, GA and FWI arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. FWI, by executing this Agreement, specifically consents to jurisdiction and venue in Richmond County and waives any right to contest the jurisdiction and venue in the Superior Court of Richmond County, Georgia. I. Counterparts and Electronic Signatures. Delivery of an executed counterpart of this Master Agreement or any Opportunity Document(s) by facsimile or email shall not be considered effective as delivery of a manually executed counterpart of this Master Agreement. The FWI MSA: Domestic Sale Direct to End User – Subscription 2017-07-212017-05-22 Page 11 acceptance of this Master Agreement, Opportunity Document(s) or any exhibit thereto must be accomplished via a hard-copy document. J. Captions. All captions and headings in this Master Agreement are for purposes of convenience only and shall not affect the construction or interpretation of any of its provisions. K. Severability. If any provision of this Master Agreement shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. L. RFP Compliance. This agreement will operate in accordance with the terms of Augusta, Georgia’s RFP #17-130A and any item herein outside of such must be completed as in agreement. In case of conflict between RFP #17-130A and this agreement, this agreement shall supersede all previous or contemporaneous negotiations, commitments and writings with respect to matters set forth herein. It may only be modified in writing and must be signed by authorized representatives of both parties. M. Temporary suspension or delay of performance of agreement. To the extent that it does not alter the scope of this agreement, Augusta, GA may unilaterally order a temporary stopping of the work, or delaying of the work to be performed by FWI under this agreement. Projects delayed for ninety (90) days or more may require re-engagement to include rescoping; all projects removed from a hold may be subject to new schedules, timeframes and FWI resource assignments. N. Defective pricing. To the extent that the pricing provided by FWI is erroneous and defective, the parties may, by agreement, correct pricing errors to reflect the intent of the parties. O. Liquidated Damages. Due to the special nature of this licensing agreement and the other remedies provided in this agreement, the parties agree that liquidated damages are not applicable. P. Specified excuses for delay or non-performance. FWI is not responsible for delay in performance caused by acts of nature, strikes, lockouts, accidents, or other events beyond the control of FWI. In any such event, the agreement price and schedule shall be equitably adjusted. Q. Hold harmless. Except as otherwise provided in this agreement, FWI shall indemnify and hold harmless Augusta, Georgia, and its employees and agents from and against all liabilities, claims, suits, demands, damages, losses, and expenses, including attorneys’ fees, asserted against Augusta, Georgia by third parties caused by any willfully or intentionally wrongful, or negligent, act or omission of FWI. R. Prohibition against contingent fees. FWI is prohibited from directly or indirectly advocating in exchange for compensation that is contingent in any way upon the approval of this contract or the passage, modification, or defeat of any legislative action on the part of the Augusta, Georgia Commission. FWI shall not hire anyone to actively advocate in exchange for compensation that is contingent in any way upon the passage, modification, or defeat of any contract or any legislation that is to go before the Augusta, Georgia Commission. FWI MSA: Domestic Sale Direct to End User – Subscription 2017-07-212017-05-22 Page 12 S. Acknowledgement regarding contractual obligations of Augusta, Georgia. FWI acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Board of Commissioners. Under Georgia law, FWI is deemed to possess knowledge concerning Augusta, Georgia's ability to assume contractual obligations and the consequences of FWIs' provision of goods or services to Augusta, Georgia under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that FWI may be precluded from recovering payment for such unauthorized goods or services. Accordingly, FWI agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if FWI 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 FWI. FWI assumes all risk of non-payment for the provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized, including, without limitation, all remedies at law or equity." This acknowledgement shall be a mandatory provision in all Augusta, Georgia contracts for goods and services, except revenue producing contracts. T. Georgia E-Verify Requirements. All contractors and subcontractors entering into contracts with Augusta, Georgia for the physical performance of services shall be required to execute an Affidavit verifying its compliance with OCGA § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with Augusta, Georgia has registered with and is participating in a federal work authorization program. FWI agrees to provide their E-Verify number and to be in compliance with the electronic verification of work authorized programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, in accordance with the applicability provisions and deadlines established in OCGA § 13-10-91 and shall continue to use the federal authorization program throughout the contract term. Additionally, FWI agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to its contract with Augusta, Georgia FWI will secure from such subcontractor(s) each subcontractor’s E-Verify number as evidence of verification of compliance with OCGA § 13-10-91 on the subcontractor affidavit provided in Rule 300-10-01-.08 or a substantially similar form. FWI agrees to maintain records of such compliance and provide a copy of each such verification to Augusta, Georgia at the time the subcontractor(s) is retained to perform such physical services. U. Georgia Prompt Pay Act not applicable. The terms of this agreement supersede any and all provisions of the Georgia Prompt Pay Act. V. Right to Modify Proposal Based on Mutual Agreement of the Parties. Provided that Augusta, Georgia and FWI mutually agree to a modification in the requirements of a proposal based on developments or changes that are observed or discovered in the course of the project, modifications can be made if there is no change in cost that shall exceed the amount approved FWI MSA: Domestic Sale Direct to End User – Subscription 2017-07-212017-05-22 Page 13 by the Augusta Commission. Notwithstanding this provision, conditions that would modify the Master Agreement shall require additional consideration by the Augusta Commission. W. VPN Agreement. FWI will sign a Vendor Access Agreement with Customer, verifying that FWI will respect the integrity of Customer’s network and security protocols. Access to Customer’s network through the firewall will only be granted after said agreement has been signed. The Vendor Access Agreement is attached as Exhibit “B” IN WITNESS WHEREOF, the parties have caused their duly authorized representatives to execute this Agreement as of the Effective Date. AUGUST, GEORGIA FOUR WINDS INTERACTIVE LLC a political subdivision of the State of Georgia By: _________________________________________ By: ________________________________________ Name: ______________________________________ Name: _____________________________________ Title: _______________________________________ Title: ______________________________________ Date: _______________________________________ Date: ______________________________________ FWI MSA: Domestic Sale Direct to End User – Subscription 2017-07-212017-05-22 Page 14 EXHIBIT A – DEFINITIONS 1) “Annual Recurring Fee” shall mean any fee identified in the Opportunity Document(s) that is to occur on a subscription or recurring basis, be it for Visual Communications Software or Professional Services. 2) "Authorized Users" shall mean all direct employees, contractors or agents of Customer, Distributor or Contractor, as applicable, who are authorized by Customer to use the Visual Communications Software subject to the terms and conditions of this Master Agreement. 3) “Contractor”, “you” or “your” shall mean the legal entity designated by FWI and End User to act as an intermediary for purposes of buying Visual Communications Software, Maintenance and/or Professional Services, in accordance with the Master Agreement and the Opportunity Document(s). 4) “Content Subscription Service” shall mean web based content as may be provided by FWI to Customer, Distributor or Contractor, as applicable, on a subscription basis. 5) “Covered Software” shall mean the Visual Communications Software eligible to receive Maintenance Service. 6) “Customer”, “you” or “your” shall mean the legal entity entering into the Contract for the purchase of Visual Communications Software, Professional Services and/or Hardware, including any of its officers, directors, employees, authorized agents, contractors, affiliates, divisions, successors and assigns. 7) "Designated Equipment" shall mean the personal computers and or other electronic devices supplied and owned by Customer or End User, as applicable, connected to the screens for which the Visual Communications Software is licensed for use. 8) “Distributor”, “you” or “your” shall mean the legal entity which has entered into a Distributor Agreement with FWI and is authorized by FWI to resell and support the Visual Communications Software. 9) “Distributor Agreement” shall mean the legally binding contract entered into between FWI and an authorized Distributor setting forth the terms and conditions pursuant to which the Distributor is afforded the limited right to resell FWI Visual Communications Software. 10) “Documentation” shall mean all manuals, user documentation, and other related materials pertaining to the implementation, use and support of the Visual Communications Software as supplied by FWI, including any Professional Services and training related thereto. Documentation shall include the descriptions of Visual Communication Software License types and associated pricing set out or incorporated by reference into the Quote. FWI MSA: Domestic Sale Direct to End User – Subscription 2017-07-212017-05-22 Page 15 11) “End User” shall mean a party authorized to use the Visual Communications Software pursuant to an agreement with an Authorized Distributor or Contractor of FWI and who has also accepted the terms of this Master Agreement as an End User. An End User is expressly prohibited from re-selling, distributing and/or sublicensing the Visual Communications Software. 12) “Hardware” shall mean the equipment purchased by Customer, Distributor or Contractor, as applicable, either directly from FWI or through a third party for use with the Visual Communications Software. 13) “Hosting Services” shall mean a set of subscription-based, hosted services residing on FWI servers to include any of the following: (i) FWI web server (ii) SQL server database (iii) FWI Content Manager Express application software (iv) content storage capacity (v) FWI Content Store web application, (vi) hosted deployment manifests and deployed assets, and (vii) hosted Integration Framework adapters. 14) “License Key” shall mean the mechanism by which FWI’s Visual Communications Software is provided to you in accordance with the terms of the license granted. 15) “Maintenance Service” shall mean call-in customer and technical support for diagnostic and error correction of the Visual Communications Software including available patches or solutions as well as Visual Communications Software updates, bug fixes and enhancement of the Visual Communications Software. 16) "Maintenance Service Fee" shall mean the agreed upon and accepted amount to be paid by Customer, Distributor or Contractor, as applicable, for Maintenance Service as set forth in the Opportunity Document(s). 17) “Managed Services” shall mean an FWI dedicated program manager to provide specialized support services including requests to add, schedule or deploy content at Customer’s request. 18) “New Software Releases” shall mean new releases of new Visual Communications Software that may include different or enhanced functionality as may be provided by FWI. 19) “Opportunity Document(s)” shall mean the FWI Proposal or Quote, and any Statements of Work, or such other document as may be entered into between the parties containing terms pursuant to which Visual Communications Software, Professional Services and/or Hardware are provided which supplement the Master Agreement. 20) “Professional Services” shall mean billable professional and technical services to assist with installation, testing, data conversion, on-site support, multi-vendor coordination, multimedia design, sign architecture, project management or other related services. 21) "Professional Services Fees" shall mean the agreed upon and accepted amount to be paid by Customer, Distributor or Contractor, as applicable, for Professional Services as set forth in the Opportunity Document(s) and/or any agreed upon Statement of Work. FWI MSA: Domestic Sale Direct to End User – Subscription 2017-07-212017-05-22 Page 16 22) “Proposal” or “Quote” is a component of the Opportunity Document(s) issued by FWI and accepted by Customer, Distributor or Contractor, as applicable, setting forth the type, quantities and prices for the designated Visual Communications Software, Hardware, Maintenance, Professional or other Services. 23) “Public Entity” shall mean a governmental entity created pursuant to (i) the US constitution; (ii) the constitution of any state within the US; or (iii) federal or state law or statute. 24) “Purchase Order” shall mean the document issued by Customer, Distributor or Contractor, as applicable, in a form acceptable to FWI indicating type, quantities and prices for the designated Visual Communications Software, Hardware, Maintenance, Professional or other Services. 25) “Recurring Fees” shall mean the monthly, quarterly or annual amounts payable pursuant to the Opportunity Document(s) on a recurring basis. 26) “Site” shall mean the specific properties or locations owned, operated or managed by Customer, Distributor or Contractor, as applicable, for which it has paid FWI a License Fee. 27) “Statement of Work” or “SOW” is a component of the Opportunity Document(s) and shall mean the documents prepared by FWI describing the scope of the Professional Services to be performed and the responsibilities of the parties with regard to the Professional Services engagement. 28) “Subscription Services” shall mean any Service provided by FWI hereunder on an annual or monthly subscription basis pursuant to this Master Agreement or an applicable Opportunity Document(s), including but not limited to Software Subscriptions, Content Subscriptions (FWI Content Store, etc.), Third Party Subscriptions, Database Hosting Services and the like. 29) “Term” shall mean the period of time for which a legally binding contractual commitment remains in place as set forth in the Opportunity Document(s) and this Master Agreement. 30) “Third Party Subscriptions” shall mean content procured by FWI for and at the request of Customer, Distributor or Contractor, as applicable, for an additional fee and according to the terms of a License Agreement for such content as may be required by such third party. 31) “Visual Communications Software” and “Visual Communications Software Products” shall mean the FWI computer programs and products identified in the Opportunity Document(s) and licensed to Customer, Contractor or End User, as applicable, hereunder, which may include but not be limited to the iDS Software Platform and/or the Enterprise Visual Communications Platform, Content Manager, Content Player and associated Software Products. 32) “Visual Communications Software Perpetual License Fee” shall mean the agreed upon and accepted amount to be paid by you for the Visual Communications Software as set forth in the Opportunity Document(s) for a limited perpetual license. FWI MSA: Domestic Sale Direct to End User – Subscription 2017-07-212017-05-22 Page 17 33) “Visual Communications Software Subscription License Fee” shall mean the agreed upon and accepted amount to be paid by you for the Visual Communications Software as set forth in the Opportunity Document(s) for a Limited License pursuant to the Software Subscription Service. FWI MSA: Domestic Sale Direct to End User – Subscription 2017-07-212017-05-22 Page 18 SUBSCRIPTION SOFTWARE ADDENDUM This Software Addendum sets forth the terms and conditions which will govern the Visual Communications Software License granted to you. If you are licensing FWI Visual Communications Software as an authorized Contractor or Distributor and are therefore reselling the Visual Communications Software to an End User, then the terms of this license grant shall apply equally to you and to the End User. In this respect, the term “you” as utilized below, shall be deemed to include both you and your End User. A. Licensing Terms. 1) Subscription License to Visual Communications Software. Upon payment of the Visual Communications Software Subscription License Fee, FWI hereby grants to you, and your Authorized Users, a nonexclusive, limited, non-transferable, Software Subscription License as identified on the Opportunity Document(s) to be utilized at the Site on a per machine and where applicable per screen basis in object code form (a “Limited License”). Subscriptions may be added during a Subscription Term as set forth in the Opportunity Document(s). If you add Software Subscription Licenses, they will be billed separately from the licenses previously purchased, unless you notify us that you prefer a consolidated billing cycle. 2) Permissible Use and Usage Limits. FWI offers different types of Visual Communications Software Licenses to satisfy various use cases. The specific uses afforded for each type of Visual Communications Software License are set out in the Opportunity Document(s) and in the Documentation. Nothing within this Visual Communications Software License affords you the right to broadcast content to unlimited endpoints unless such right is expressly afforded in the individual License purchased, which shall depend upon the use case at issue. You agree to utilize each Visual Communications Software License in accordance with its stated terms. You also agree to permit FWI to audit at its sole discretion your use of the Visual Communications Software Licenses purchased to ensure such Visual Communications Software Licenses are being utilized in accordance with their stated terms as set forth in this Agreement, the Opportunity Document(s) and the Documentation. You shall be responsible for any additional fees attributed to a failure to comply with permissible usage. You agree to utilize the Visual Communications Software exclusively for the purpose identified in the Opportunity Documents and Documentation and for no other purpose. Specifically, you agree that you shall not utilize the Visual Communications Software to compete with FWI as it relates to other Visual Communications Software. You acknowledge that you have no right to sublicense, distribute, or re-sell the Visual Communications Software, unless such right has been expressly afforded to you as an authorized Contractor or Distributor of FWI. 3) Transfer of Licenses. A Visual Communications Software License is generally non-transferable. However, a License may be transferred by you to alternate equipment at the Site without payment of a transfer or replacement fee if, upon request by FWI, you agree to (i) identify the equipment at the Site to which the Visual Communications Software License shall transfer; and (ii) certify to FWI that the Visual Communications Software License transferred or FWI MSA: Domestic Sale Direct to End User – Subscription 2017-07-212017-05-22 Page 19 replaced has been uninstalled and/or removed from such equipment and is no longer in use by you. 4) Source Code. You agree the source code for the Visual Communications Software is not licensed hereunder. 5) Unauthorized Copies. You shall not make copies of the Visual Communications Software in whole or in part, except exclusively with the permission of FWI. You agree to maintain appropriate records of the number and location of all copies of the Visual Communications Software and make such records available to FWI upon request. Copies permitted must be reproduced with all copyright and other proprietary notices in the same manner as originally included. B. Ownership of Intellectual Property Rights and Limitations on Visual Communications Software License Granted. You acknowledge that all copies of the Visual Communications Software in any form provided by FWI or made by you, as permitted herein, are the sole property of FWI. You shall have no right, title, or interest to any such Visual Communications Software or copies thereof except as provided in this Master Agreement, and further shall secure and protect all Visual Communications Software and Documentation consistent with maintenance of FWI’s proprietary rights therein. 1) Reverse Engineering. You shall not reverse engineer, decompile, disassemble or otherwise attempt to derive the source code, techniques, processes, algorithms, know-how or other information from the binary code portions of the Visual Communications Software (collectively, "Reverse Engineering") or permit or induce the foregoing. If however, directly applicable law prohibits enforcement of the foregoing, you may engage in Reverse Engineering solely for purposes of obtaining such information as is necessary to achieve interoperability of independently created software with the Visual Communications Software, or as otherwise and to the limited extent permitted by directly applicable law, but only if: (a) Reverse Engineering is strictly necessary to obtain such information; and (b) you have first requested such information from FWI and FWI failed to make such information available (for a fee or otherwise) under reasonable terms and conditions. Any information supplied to or obtained by you under this section is confidential information of FWI subject to the Confidentiality Provisions of this Master Agreement, may only be used by Licensee for the purpose described in this section, and will not be disclosed to any third party or used to create any software which is substantially similar to the expression of the FWI Software Products or platform. 2) Distribution. Distribution, publication or public display of the Visual Communications Software by you is prohibited except as expressly permitted by this Master Agreement and applicable Opportunity Document(s). 3) Derivative Works. Except as permitted by the Opportunity Document(s), you shall not make derivative works, nor install or otherwise use copies or any portion of the Visual Communications Software beyond the number of Visual Communications Software Licenses for which you have paid FWI a Visual Communications Software License Fee. If such derivative works were ever to be created, you acknowledge that they are the exclusive property of FWI. FWI MSA: Domestic Sale Direct to End User – Subscription 2017-07-212017-05-22 Page 20 4) Proprietary Notices. You agree to respect and not to remove, obliterate, or cancel from view any copyright, trademark, confidentiality or other proprietary notice, mark, branding or legend appearing on any of the Visual Communications Software or output generated by the Visual Communications Software, and to reproduce and include same on each copy of the Visual Communications Software. C. Visual Communications Software Delivery and Issuance of License Key. 1) FWI shall deliver the Visual Communications Software electronically, by “load and leave” or by another method that delivers the Visual Communications Software without providing you the Visual Communications Software on a compact disk (CD), digital video disk (DVD), flash drive or similar device. A License Key shall be issued corresponding to the License(s) purchased. 2) The Documentation which describes the Visual Communications Software, the types of licenses purchased, its features, functionality, approved utilization and usage terms shall be delivered via an email link. You may make additional copies of the Documentation for archive and training purposes. You agree to install and utilize the Visual Communications Software consistent with this Master Agreement, the Opportunity Document(s) and Documentation. D. Modifications and Updates to Visual Communications Software. 1) Updates and Error Corrections. FWI reserves the right to periodically perform error corrections, bug fixes, patches or other updates to the Visual Communications Software which shall be provided to you in accordance with the Software Maintenance Services set forth in Section E below. All error corrections, bug fixes, patches, updates or other modifications shall automatically be considered part of the licensed Visual Communications Software, subject to the provisions of this Master Agreement, and shall be the sole property of FWI. 2) New Releases. New Software Releases are included, provided you are current with your Software Subscription License Fee at the time of the New Software Release. E. Visual Communications Software Maintenance Services and Options. 1) Hosted and On Premises Models. FWI offers both a database and infrastructure hosting service as well as an option to install this database and infrastructure on your premises. The specific terms governing the installation method chosen by you shall be set forth in the applicable Opportunity Document(s). If a hosted model is chosen, your data may be stored and accessed via a shared server or a dedicated server according to your data security needs and as described in the Opportunity Document(s). 2) Maintenance. Software Maintenance Service shall be provided by FWI to you as part of your Software Subscription Fee. Software Maintenance Service shall be provided remotely in the English language, unless specified otherwise. If applicable, you may be required to provide access to your network and/or systems as may be necessary for the provision of the Software Maintenance Service by FWI. Software Maintenance Service does not include diagnosis or repair of any Hardware operated by you. FWI MSA: Domestic Sale Direct to End User – Subscription 2017-07-212017-05-22 Page 21 3) Standard Maintenance Services. FWI’s standard Software Maintenance Service includes the following: a. Visual Communications Software Upgrades. FWI shall support any updates to the Visual Communications Software which may include but are not limited to enhancements or bug fixes for your existing version of software during the Software Subscription Term. b. Website Service. FWI shall provide you with access to FWI's web site which contain reference materials and provide you the opportunity to electronically access, install and download Software Upgrades as they are made available. You agree to install Software Upgrades according to FWI release notes within a reasonable time, but no later than the support expiration date for the prior Software Upgrade. A Software Upgrade will generally be supported for six (6) months after issuance of the next replacement Software Upgrade. FWI reserves the right to discontinue a Covered Software Product, and will notify you about the remaining service period by publication on FWI’s website. You shall observe all security requirements and shall not allow others to share your website account. c. Call-In Maintenance Service for Visual Communications Software. You shall have access to FWI’s technical support 24 hours per day, 7 days per week for the purpose of (i) placing service requests; (ii) clarifying functions and features of the Visual Communications Software; (iii) assisting in diagnosis of a problem or error which may include providing an available patch or solution, replicating and analyzing the issue on a test system, devising a case resolution path, or resolving the reported error through a workaround or product engineering. The efficacy of Maintenance Service may turn upon the degree of access afforded FWI by you to your internal data systems. 4) Beta Testing. Any beta or pre-release software offered by FWI shall not be eligible for the Software Maintenance Service. F. FWI Store™, FWI Drive™, FWI Mobile™, and Third Party Subscription Offerings. Supplementing FWI’s core software product offerings are various visual communications products and functionality, including the following: 1) FWI Store™. The FWI Store™ houses all of our applications, the building blocks to creating your visual communications network. Apps come pre-built but are configurable to your brand, audience and communication need, increasing engagement and relevancy. A subscription to FWI Store includes access to backgrounds, templates, plug-ins, applications, and other items for use when building static and dynamic signs as well as customizing interactive signs. The content made available to you through FWI Store™ is to be used exclusively with FWI Visual Communications Software and for no other purpose. 2) FWI Drive™. FWI Drive™ is our cloud content storage and distribution product that allows users to upload content of their choosing to a cloud-based repository from Content Manager Desktop or Content Manager Web. It provides easy storage, accessible by all Content Player platforms with the ability to download content from FWI Drive. In addition, it benefits multi- user environments since it eliminates the need to set-up your own cloud content storage. FWI FWI MSA: Domestic Sale Direct to End User – Subscription 2017-07-212017-05-22 Page 22 Drive supports various content management capabilities, such as the ability to upload, download, replace, duplicate, and delete content. At the base level, users receive 25GB of storage with the option to purchase more. 3) FWI Mobile™. The FWI Mobile™ solution bridges the gap between public and personal displays, delivering messaging to any mobile device. FWI Mobile™ offers you the flexibility to design and implement custom, native applications, or leverage HTML5 to easily utilize existing data and present it in a web-based app interface. Both solutions enable you to leverage the strength of data integrations, through Integration Framework, to render and present real-time information. With respect to any mobile application, the parties understand and agree that publication of a mobile application to the Google or Apple Stores (or possibly an alternative platform) are subject to certain review and certification procedures. In order to be compliant with these terms of publication, you agree that you will not provide, unlock or enable additional features or functionality of the mobile application without FWI’s prior written consent and re-publication if required. Even if no changes are made to the application itself, Google, Apple or an alternative platform, may make a change that requires the re-submission of the mobile application to the respective app store for administrative or technical reasons (a “Re-Submission Request”). The parties therefore agree to notify each other before re-submitting the mobile application to the applicable Store in compliance with such Re-Submission Requests and to comply with the terms and conditions of the respective stores. 4) Third Party Subscriptions. FWI offers the opportunity to purchase a variety of third party content and management services. If you subscribe through FWI to a third party Subscription Service, FWI grants to you, and your Authorized Users, a nonexclusive license according to the terms of such Third Party, and you hereby agree to pay the subscription fees and abide by the specific licensing terms of that Third Party as set forth in the applicable Opportunity Document(s), and/or Click through licensing terms. Other than the content made available to you through FWI Store, it is understood that you bear direct responsibility for the particular content you choose to display or otherwise utilize in your visual communications network. While FWI may configure and design the manner in which content may be displayed, the particular content accessed and chosen, and the manner in which it is displayed, stored and accessed is the sole responsibility of you, for which FWI takes no responsibility and makes no representations as to accuracy, legality or accessibility. FWI further disclaims any responsibility to maintain or store any usage statistics for the benefit of Customer for any particular period of time. G. Trial Use of our Visual Communications Software. If you register on our website for a free trial, or otherwise request or receive a free trial, we will make one or more Visual Communications Software Licenses available to you on a trial basis free of charge through issuance of temporary license keys until the earlier of (i) the end of the free trial period for which you registered to use the Visual Communications Software Licenses, or (ii) the start date of any Visual Communications Software Licenses ordered by you. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Master Agreement by reference and are legally binding. Any data you display and any customizations made utilizing the trial Visual Communications Software License during your free trial may be permanently lost unless you purchase a FWI MSA: Domestic Sale Direct to End User – Subscription 2017-07-212017-05-22 Page 23 comparable Visual Communications Software License as those provided during the trial before the end of the trial period. You may not be able to transfer customizations made during the free trial to a license that would be a downgrade from the license provided by the trial. FWI MSA: Domestic Sale Direct to End User – Subscription 2017-07-212017-05-22 Page 24 PROFESSIONAL SERVICES ADDENDUM FWI offers Professional Services to help you (1) Plan your visual communications strategy by consulting with you about optimal hardware, content, and infrastructure; (ii) Implement your visual communications platform through customized Statements of Work, training, and sign building; and (iii) Manage your visual communications network to assist you in maximizing your visual communications platform to its fullest potential. If you are receiving FWI Professional Services through an authorized Contractor or Distributor, then the terms of this Professional Services Addendum shall apply equally to you and to your End User. In this respect, the term “you” as utilized below, shall be deemed to include both you and your End User. A. Overview of FWI Professional Services The Professional Services offered by FWI are designed to support you in each phase of the solution, from consulting on visual communications strategy at the outset, to implementation, and finally to on-going support and management of your entire visual communications platform. While you may choose to manage your own visual communications network, FWI offers you the ability to out-source this responsibility through various managed services offerings, including: Remote Monitoring & Management (RMM) FWI’s RMM agent is installed on Windows players to maintain optimum performance by monitoring attributes, anticipating failures, and interpreting key components of the visual communications system. When an issue or event is detected, the RMM service attempts resolution and in defined cases, issues an alert to the FWI Premium Support team. Content Concierge™ The Content Concierge™ allows you to engage the FWI Managed Services™ team to execute strategic changes to your content, templates, and applications as you need them. Benefits of the Content Concierge™ include: · Applicable and timely refresh of your advertising, promotions and other high-impact communications. · Consistent branding and logo incorporation to maintain organizational identity conventions. · Skilled configuration of FWI Store™ applications for greatest impact. · Lower demands on internal resources, including training, content creation, and deployment time. Visual Communications Management™ (VCM) FWI offers a consulting service to assist you in developing your visual communications strategy. VCM ensures that your network is being effectively leveraged to reach your goals. A Visual Communications Manager is dedicated to you and will work directly with you, developing content strategy, deploying content, providing personalized product updates, and developing advanced training and proactive system management, all in an effort to optimize your entire network. FWI MSA: Domestic Sale Direct to End User – Subscription 2017-07-212017-05-22 Page 25 B. The Terms and Conditions Which Govern FWI Professional Services. Each of our Professional Service engagements is individualized to address your particular needs and goals. Any successful implementation requires a collaborative effort between you and FWI to ensure that roles are clearly defined and that necessary tasks are identified and completed. FWI outlines these issues and proposed time lines in our customized Statements of Work. Listed below are those standard terms that generally apply to all of our Professional Services engagements. 1) Third Party Engagements: If you choose to identify and purchase your own Hardware, or implement the Visual Communications Software either yourself or through a third party other than FWI or one of its authorized subcontractors, FWI takes no responsibility for the appropriateness, quality or efficacy of the hardware purchased or professional services provided. 2) Responsibility for Content Chosen: Through the use of FWI’s Visual Communications Software, you have the ability to display content of your choice, including content which you own, as well as content which you may have procured from external sources. You acknowledge and agree that FWI is not responsible for the legality or accuracy of the content you choose to display. While certain third party content sources may be purchased through FWI, the parties agree that FWI is not responsible and does not warrant the continued availability of any such third party content sources. Nor does FWI endorse any materials available from such third party sources. You acknowledge and agree that FWI is not liable for any loss or damage which may be incurred by you as a result of the availability of those third party content sources, or as a result of any reliance placed by you on the completeness, accuracy or existence of third party content sources. 3) Out of Scope Items. The following is a list of those items that are generally outside of the scope of our Professional Services engagements, unless expressly stated otherwise in the applicable Statement of Work: a. Any software features/functionality not based on FWI current software versions available at the time of implementation kickoff. b. Data migration or data entry. c. Any features demoed during the sales process but not specifically called out during scoping or captured in the Statement of Work. d. Decryption or redistribution of live video or data streams. e. Creation of any original content such as logos. f. Converting content into file formats compatible with Content Manager/Content Player. g. Network configurations. h. Modifications required to the Project Plan which are caused by aspects of the Customer’s environment not previously disclosed or otherwise unknown. i. Works Made for Hire, as that term is defined is defined in the United States Copyright Act, 17 U.S.C. § 101. FWI MSA: Domestic Sale Direct to End User – Subscription 2017-07-212017-05-22 Page 26 4) Project Assumptions. Below is a list of standard Project Assumptions governing our Professional Services Engagements, unless specifically stated otherwise in the applicable Statement of Work: a. If not purchased separately, you agree to be responsible for completing the software configuration of all PCs and meeting FWI configuration guidelines prior to implementation. b. Professional Services hours estimated under a Statement of Work include efforts to troubleshoot any defects in your systems, but are limited to only the hardware and software provided by FWI. You acknowledge that any failures that are directly attributable to hardware provided by you or other factors in Company’s environment, such as network, physical infrastructure, etc., may result in additional Professional Services charges. c. If, during the implementation, new customer stakeholders and/or project resources are introduced, or existing customer team members are not available for required approvals and reviews, additional Professional Services hours and/or expanded implementation timeframes may be required. d. If you require the project to be put on hold for any reason, you will be responsible for all Professional Services hours utilized before notification is received. All projects that are removed from hold will be subject to new schedules, timeframes, and resource assignments. Additionally, after ninety (90) days, projects may require re- engagement to include re-scoping. e. Remote access for Content Manager is required to be confirmed a minimum of two (2) weeks in advance of scheduled training. f. A cancellation penalty equal to 100% of estimated hours will apply to any training time not rescheduled at least 24 hours in advance for remote training or at least seven (7) days in advance for onsite training. 5) Customer Responsibilities. All Professional Services engagements require collaboration between you and FWI. The following tasks are Customer Responsibilities relative to any FWI implementation, unless expressly stated otherwise in the applicable Statement of Work: a. You are responsible for dedicating one named Project Manager to be responsible for the implementation, provide the required approvals, and work directly with the FWI implementation team. b. You will provide all content, approvals, and project reviews according to the agreed upon Project Plan in the Statement of Work. c. You are responsible for identifying the particular font or typeface to be utilized on your digital signage. FWI shall not be responsible for any claims arising from the use of fonts or typefaces designated by you for use. d. You are responsible for network configurations which, depending on your desired configuration, may include adding Player PCs or Servers to the Customer’s domain. e. You agree to provide a secure storage location for all equipment shipped to your location. f. You agree to provide adequate ventilation for all hardware used in visual communication network. FWI MSA: Domestic Sale Direct to End User – Subscription 2017-07-212017-05-22 Page 27 g. If you wish to use your own MS Office Site License, you will provide registration number to FWI’s Professional Services group before final hardware is shipped. h. You agree to provide availability of at least one individual who has administrative privileges on the network for the full duration of the installation. i. You agree to provide PC or Server for Content Manager and Content for signage network. j. You ensure that all customer-provided hardware meets FWI hardware requirements. k. You acknowledge that Audio will be supported if speakers are provided by you and if your chosen content has audio elements. l. You agree to take the necessary steps to ensure that your existing network infrastructure is in place and will support the visual communication network deployment. C. Changes To the Scope of the Professional Services Engaged. In any implementation, it may become necessary to change the scope of the Professional Services engaged. The changes can occur for any one of the following reasons: 1) Discretionary changes to the project schedule. 2) Discretionary changes in the scope of the project. 3) Requested changes to the work hours of FWI or you. 4) Non-availability of products, resources, or services which are beyond either FWI’s or yours. 5) Environmental or architectural changes or impediments in the Customer’s environment not previously identified in Project Plan or identified in the Statement of Work. 6) Lack of access to personnel or facilities necessary to obtain required approval, access or authority to complete the project. In the event that it becomes necessary to change the Statement of Work, a Project Change Request (PCR) will be the vehicle for communicating and agreeing upon a change. The PCR shall describe the change, reasons for the change, and the effect the change will have on the project, which may include scheduling changes, pricing, etc. A PCR may be initiated by either FWI or the customer based on the situation. The designated Project Manager of the requesting party will review the proposed change and determine whether to submit the request to the other party. Both Project Managers will review the proposed change and approve or reject it. If further investigation on the part of FWI is requested in order to determine the scope of the change, any charges for that investigation will be outlined. Both Project Managers will sign the PCR, indicating the acceptance of both parties to the changes, which may affect pricing, schedules, and contractual commitments. Upon acceptance of the change request by both Project Managers, the SOW and costs will be modified appropriately, and the changes will be incorporated into the project. FWI MSA: Domestic Sale Direct to End User – Subscription 2017-07-212017-05-22 Page 28 HARDWARE ADDENDUM This Addendum sets forth the terms and conditions which will govern your purchase of Hardware from FWI. If you are purchasing Hardware from FWI as an authorized Contractor or Distributor, the terms set forth below apply equally to you and to the End User. These terms and conditions supplement the specific billing terms and conditions for Hardware purchase set out in the applicable Opportunity Document(s). Any additional or different terms in any form delivered by you shall not be honored and shall be null and void unless specifically negotiated and signed by an authorized agent of FWI. You accept and agree to comply with these terms and conditions by making a purchase or placing an order for Hardware with FWI. While these terms and conditions are subject to change, the terms and conditions in place at the time you place an order for Hardware will govern the Hardware in question. With regard to the Hardware purchased, you consent to receive electronic records, which may be provided via web browser or e-mail application connected to the Internet; individual consumers may withdraw consent to receiving electronic records or have the record provided in non- electronic form by contacting FWI. Electronic signatures (or copies of signatures sent via electronic means) are the legal equivalent of written and signed documents and you agree such electronic signatures shall have the same force and effect. A. Purchase Order Terms. While you may issue a purchase order for administrative purposes, additional or different terms and conditions contained in any such purchase order will be null and void. You agree that the terms and conditions of Hardware Sales contained in this Agreement and the Opportunity Document(s) will control. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of these terms and conditions of Hardware sales. This Agreement supersedes all prior communications (whether verbal, written or electronic) between the parties related to the Hardware sold. B. Title; Risk of Loss. Title to Hardware and risk of loss or damage during shipment pass from FWI to Customer upon shipment from FWI’s facility (F.O.B. Origin, freight prepaid and added) or drop shipment from FWI’s supplier. FWI retains a security interest in the Hardware until payment in full is received. If Customer receives damaged product, a claim should be filed with the carrier, according to the carrier’s policies and procedures. C. Shipping Costs. You are responsible for the shipping charges incurred for the delivery of your Hardware. Estimated shipping charges for Hardware purchased by you will be identified on the applicable Opportunity Documents. These are estimates only. After the Hardware has shipped, we will invoice you for all shipping charges actually incurred, which will be due in accordance with the payment terms set forth on the Opportunity Documents and this Agreement. D. Export Hardware Sales. If this transaction involves an export of items (including, but not limited to commodities, software or technology), subject to the Export Administration Regulations, such items were exported from the United States by FWI in accordance with the Export Administration regulations. You agree that you will not divert, use, export or re-export such items contrary to United States law. You expressly acknowledge and agree that you will not export, re- export, or provide such items to any entity or person within any country that is subject to United FWI MSA: Domestic Sale Direct to End User – Subscription 2017-07-212017-05-22 Page 29 States economic sanctions imposing comprehensive embargoes without obtaining prior authorization from the United States Government. The list of such countries subject to United States economic sanctions or embargoes may change from time to time, but currently includes Cuba, Iran, Sudan, and Syria. You also expressly acknowledge and agree that you will not export, re-export, or provide such items to entities and persons that are ineligible under United States law to receive such items, including but not limited to, any person or entity on the United States Treasury Department's list of Specially Designated Nationals or on the United States Commerce Department's Denied Persons List, Entity List, or Unverified List. In addition, manufacturers' warranties for exported products may vary or may be null and void for products outside the United States. E. Warranties. You understand that FWI is typically not the manufacturer of the Hardware purchased by you and the warranties offered are only those of the relevant manufacturer. In purchasing the Hardware, you agree that for non-FWI branded Hardware, you are relying on the manufacturer's specifications only and are not relying on any statements, specifications, photographs or other illustrations representing the products that may be provided by FWI. FOUR WINDS INTERACTIVE AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO THE HARDWARE PURCHASED BY CUSTOMER INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF TITLE, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY OF NONINFRINGEMENT. THE DISCLAIMER CONTAINED IN THIS PARAGRAPH DOES NOT AFFECT THE TERMS OF ANY MANUFACTURER'S WARRANTY. Customer acknowledges that no employee of FWI or its affiliates is authorized to make any representation or warranty on behalf of FWI or any of its affiliates outside of those documented as the manufacturer's warranty. FWI will not be responsible for and no liability shall result to FWI or any of its affiliates for any delays in delivery which result from any circumstances beyond FWI’s reasonable control, including, but not limited to, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, embargo, acts of God, or acts or laws of any government or agency. Any shipping dates provided by FWI and any purported deadlines contained in any other document are estimates only. F. Facilitation of Return for Breach of Manufacturer’s Warranty on Hardware Purchased. FWI will work with you to facilitate a return for breach of a Manufacturer’s Warranty. This process is separate and distinct from the Hardware eligible for the FWI “Swap-it” program set forth in Section G below. For a claimed breach of manufacturer’s warranty, please contact FWI Support at 877-204-6679, or via email at returns@fourwindsinteractive.com to initiate a return request. Upon receipt of a return request, FWI will evaluate the request in accordance with the terms of the Manufacturer’s Warranty and this Agreement and, where appropriate, shall address and make a good faith effort to facilitate the issuance of a Return Merchandise Authorization (RMA) by the Manufacturer. If the RMA is issued, you must return the subject Hardware to the Manufacturer within thirty (30) days of the RMA issuance date. Nothing within this provision shall prevent you from working directly with the Manufacturer on claimed breach of warranty issues. Further, FWI makes no representation and takes no position as to when or if a breach of warranty has occurred or whether an RMA should be issued. To the contrary, FWI offers to facilitate the communication between you and the Manufacturer as a service to you, but does not take on any additional obligation as to an ultimate determination of whether a breach of warranty has occurred or whether an RMA should be issued, as those determinations remain within the exclusive province of the Manufacturer. FWI MSA: Domestic Sale Direct to End User – Subscription 2017-07-212017-05-22 Page 30 G. Return Privileges for Certain Hardware Purchased; The FWI “Swap-it” Program. Certain Hardware purchased through FWI may be eligible for return privileges directly from FWI, referred to as the “Swap it” program. These specific Hardware items will be identified as eligible for return privileges on the Opportunity Document(s). You must initiate a return request within thirty (30) days of invoice date. Please contact FWI Support at 877-204-6679, or via email at returns@fourwindsinteractive.com to initiate a return request. Upon receipt of a return request, FWI will evaluate the request in accordance with the terms of this Agreement and where appropriate shall issue a Return Merchandise Authorization (RMA). Customer must return the subject Hardware to FWI within thirty (30) days of the RMA issuance date. 1) Issuance of RMA. Hardware for which an RMA has been issued shall be returned undamaged and 100% complete. This includes manufacturer box, UPC label, packing materials, all manuals, blank warranty cards, and accessories. Display Boxes can be purchased by you for return of displays that do not have the original packaging, customer cannot return displays without Manufacturer packaging for freight damage purposes. 2) Restocking Fees. A restocking fee of 15% will be charged on all Hardware, accessories, peripherals, and parts. The Hardware returned must be in new, resalable condition for a refund or credit to be applied. If the item(s) being returned is over 50lbs, the item(s) MUST BE shipped via palletized freight or FWI will not honor the RMA. 3) Shipping Charges. You are responsible for shipping charges to FWI’s distribution center for all products being shipped back to FWI. If the carrier selected by you is not used by FWI, a comparable shipping method will be selected. You are responsible for all risk of loss and damage to products being shipped back to FWI. As such, it is highly recommended that you return goods in palletized form in order to reduce risk of shipping damage. Please fully insure return shipment in case of loss or damage. Please use a carrier that is able to provide you with proof of delivery such as UPS, Federal Express or DHL. This is for your protection as well as to ensure quick action on your return. Credit may be issued after equipment has been received and inspected. 4) Terms for RMA’s. While each request will be evaluated on a case by case basis in accordance with this Agreement, including the Opportunity Document(s), as a general matter RMA’s for the Swap-it Program will not be granted under the following circumstances: a. Damage caused by improperly packing the defective product which voids the warranty. b. Any product on which the serial number has been defaced, modified or removed. c. Damage, deterioration or malfunction resulting from accident, misuse, neglect, fire, water, lightning or other acts of nature, unauthorized product modification, or failure to follow instructions supplied with the product. d. Repair or attempted repair by anyone not authorized by Four Winds Interactive. e. Products that have damage to or loss of any programs, data or removable storage media. FWI MSA: Domestic Sale Direct to End User – Subscription 2017-07-212017-05-22 Page 31 f. Software or data loss occurring during repair or replacement. g. Any damage of the product due to shipment. h. Causes external to the product, such as electric power fluctuations or failure. i. Use of supplies or parts not meeting Four Winds Interactive’s specifications. j. Normal wear and tear. k. Any other cause which does not relate to a product defect. l. Damage to, or abuse of, the coating on the surface of the display through inappropriate cleaning. m. Cosmetic defects or failure of non-operational components that do not inhibit the proper operation and performance of the Covered Product, such as cracked cases or broken hinges. n. Damages or costs resulting from (i) improper electrical wiring and connections, (ii) unauthorized modifications, alterations, repairs or repair personnel, or (iii) use in any combinations not approved in the manufacturer’s specifications. o. Loss or damage caused by any physical force from a source external to the Covered Product, including, but not limited to, general environmental conditions, negligence, misuse, abuse, vandalism, spilling of liquid on the Covered Product, or acts of God. p. Loss or damage to the Covered Product either while in storage or in the course of transit, delivery, or redelivery. FWI MSA: Domestic Sale Direct to End User – Subscription 2017-07-212017-05-22 Page 32 EXHIBIT “B” Vendor Access Agreement Purpose The purpose of this policy is to ensure that a secure method of connectivity is provided between Augusta and the Vendor and to provide guidelines for the use of the network and computing resources associated with the remote connectivity in order to ensure the safety, integrity, and operability of Augusta Information Systems. Scope This policy applies to all Augusta systems, application and/or servers/devices requiring support by external Vendors on behalf of Augusta. Definitions Virtual Private Network (VPN): Provides a secure network connection over the Internet between an individual and a private network (164 bit encryption). By utilizing the public Internet for data transport, VPN provides a low cost solution to remote access or connectivity. Policy A. Vendor Remote Access Request and Approvals As part of the request and approval process, the technical and administrative contact within the Vendor’s organization or someone at a higher level within the company will be required to read and sign the VPN Access policy form (this document). In addition, prior to any connection to Augusta’s network, Vendors must fill out a Vendor Access Form which identifies them as a Vendor requiring VPN access. This form will require IP addresses for devices from which the Vendor intends to connect, the servers to which the Vendor needs to connect, as well as verification that the Vendor has active anti- virus installed on their equipment. This form will be signed by a representative of the Vendor and will also be signed by the Director of Information Technology. Once Vendor Remote Access has been approved, it is valid until changes in this policy or technology make it necessary, in Augusta’s estimation, to require a new form to be filed. Remote Access will only be available to Vendors that have signed Annual Support and Maintenance Contracts with Augusta (FWI’s annual software subscription includes support and maintenance). Once approved for access, all individual requests for remote access for Vendors must be made in advance through the Project Manager responsible for the Vendor. This will be managed through an online form, which the Vendor will be required to fill out and submit prior to each session. A session can be one event or several individual connections over a period of days or weeks depending on FWI MSA: Domestic Sale Direct to End User – Subscription 2017-07-212017-05-22 Page 33 circumstances. It is the Project Manager’s responsibility to ensure that the Vendor has provided all of the required information in the proper format, and that the time requested for connection is reasonable. B. Connectivity Methods 1. Connectivity through VPN a. The Vendor will be required to use Augusta’s standard method for connecting to the network. The current standard method is Cisco’s VPN client. b. The Vendor will be given a unique user ID and password to authenticate the VPN access. The password may be subject to regular changes. c. Only one person may be connected to the VPN at any given time. d. Access will be restricted to only the servers located in IT that were approved for the Vendor. e. Access will be restricted to only the ports necessary for connectivity. f. Access will not be open 24/7. The Vendor must request access every time it is necessary and only during business hours of 8:30am – 5:00pm EST. Access outside of these hours may be requested but will need additional approval and will be handled on a case by case situation. 2. Connectivity through Remote Access Support Tools Augusta permits access to our systems through remote access tools such as WebEx and GotoMeeting, but access must be authorized in advance through the IT Project Manager. The Remote tool in question must not require software to be installed on the user’s PC, and any connection must be initiated on the “customer” or “Augusta” side of the connection. Stated another way, the entity connecting from the outside may not initiate a connection without the approval of the user. The user, preferably a member of IT, should remain present at the PC during the entirety of the connection. Remote connections may only take place through tools of which IT has approved. This decision is at the discretion of the IT Security Administrator. Vendors who are discovered to have installed software on customer PCs for the purpose of remote control, or otherwise connected to an endpoint PC without IT authorization, may be blocked, from any and all access to the Augusta network. Such action may be taken at IT’s sole discretion. C. Vendor Request Process 1. The Vendor will contact the Project Manager to request access through the aforementioned Vendor Access Form. FWI MSA: Domestic Sale Direct to End User – Subscription 2017-07-212017-05-22 Page 34 2. The Project Manager is responsible for logging the request for access and justification in the change control log. 3. The Project Manager will document reason for access and email Firewall Administrators to have the VPN opened. 4. A firewall administrator will open the VPN and notify the Project Manager via email that it has been opened. 5. Once the Vendor has completed their work and the application has been tested, they will notify the Project Manager that the work is complete. D. Network Security 1. Vendor will allow only the Vendor’s employees approved in advance by Augusta to access the network connection. Vendor shall be solely responsible for ensuring that Authorized Vendor Employees are not security risks. 2. Each party will be solely responsible for the selection, implementation and maintenance of security procedures and policies that are sufficient to ensure that (a) such party’s use of the Network Connection is secure and is used only for authorized purposes, and (b) such party’s business records and data are protected against improper access, use, loss, alteration or destruction. 3. Vendor shall notify Augusta in writing promptly upon a change in the user base for the work performed over the Network Connection or whenever in Vendor’s opinion a change in the connection and/or functional requirements of the Network Connection is necessary. E. Protection of Augusta Private Information and Resources The Augusta network support group responsible for the installation and configuration of a specific Vendor connection must ensure that all possible measures have been taken to protect the integrity and privacy of Augusta confidential information. At no time should Augusta rely on access/authorization control mechanisms at the Vendor’s site to protect or prohibit access to Augusta confidential information. Augusta shall not have any responsibility for ensuring the protection of Vendor information. The Vendor shall be entirely responsible for providing the appropriate security measures to ensure protection of their private internal network and information F. Audit and Review of Vendor Network Connections All aspects of the Vendor network connections up to, but not including Augusta firewall, will be monitored by the appropriate IT staff. Where possible automated tools will be used to audit tasks. Monthly reports should be generated on the authentication database showing the specific login entries. All Vendor network connections will be reviewed on a quarterly basis and information regarding specific Vendor network connection will be updated as necessary. Obsolete Vendor network FWI MSA: Domestic Sale Direct to End User – Subscription 2017-07-212017-05-22 Page 35 connections will be terminated following confirmation with the Project Manager that the connection is indeed obsolete. G. Augusta IT Security Augusta IT Security has the responsibility for maintaining related policies and standards. IT Security will also provide advice and assistance regarding judgment calls, and will facilitate information gathering in order to make a correct decision. H. Enforcement Any Vendor found in violation of this policy will be subject to, but not limited to, loss of VPN privileges and other action up to and including dissolution of contract and/or legal action if Augusta systems are compromised. Vendor Signature SIGNATURE Date Request for Proposal Request for Proposals will be received at this office until Friday, February 3, 2017 @ 11:00 a.m. for furnishing for: RFP Item #17-130A Municipal Building Electronic Signage System for Augusta Information Technology Department RFPs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 RFP documents may be viewed on the Augusta Georgia web site under the Procurement Department ARCbid. RFP documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Wednesday, January 25, 2017 @ 5:00 P.M. No RFP will be accepted by fax, all must be received by mail or hand delivered. No proposal may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. Request for proposals (RFP) and specifications. An RFP shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the request for proposal including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waivable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark RFP number on the outside of the envelope. Proponents are cautioned that acquisition of RFP documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RFP documents from unauthorized sources places the proponent at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov GERI A. SAMS, Procurement Director OFFICIAL VENDORS Attachment "B"E-Verify #SAVE Form Addendum 1 Original 6 Copies Fee Proposal Infax 4250 River Green Pkwy Suite D Duluth, GA 30096 Yes 68361 Yes Yes Yes Yes Yes Four Winds Interactive 1221 Broadway Street Denver, CO 80203 Yes 613085 Yes Yes Yes Yes Yes The Office People 3129 W. Montague Ave. N. Charleston, SC 29418 Yes EXEMPT Yes Yes Yes Yes Yes FBLA/Reach Media Network 6440 Flying Cloud Dr., Suite 225 Eden Prairie, MN 55344 Yes 20-3604395 Yes No / Non- Compliant Yes Yes Yes RFP Item #17-130A Municipal Building Electronic Signage System for Augusta, Georgia - Information Technology Department RFP Date: Friday, February 3, 2017 @ 11:00 a.m. Total Number Specifications Mailed Out: 19 Mandatory Pre-Proposal/Telephone Conference Attendees: NA Total packages submitted: 4 Total Noncompliant: 1 The following vendor(s) are Non-Compliant based on these stated reason(s): Reach Media Network provided an invalid E-Verify Number and failed to Acknowledge Addendum One (1). Page 1 of 1 Infax 4250 River Green Pkwy Suite D Duluth, GA 30096 Four Winds Interactive 1221 Broadway Street Denver, CO 80203 The Office People 3129 W. Montague Ave. N. Charleston, SC 29418 FBLA/Reach Media Network 6440 Flying Cloud Dr., Suite 225 Eden Prairie, MN 55344 A. Package submitted by the deadline Pass/Fail PASS PASS PASS PASS B. Package is complete (includes requested information as required per this solicitation)Pass/Fail PASS PASS PASS FAIL C. Overall Quality of RFP (concise and to-the-point) 50 48.3 49.2 25.0 1. Technical Approach 100 90.8 96.7 2. Financial Responsibility 100 92.5 90.8 3. Project Management 95 90.0 91.2 4. Key Personnel & Staff 90 88.3 88.3 5. Organizational Qualifications 75 75.8 75.8 6. Optional Interview (Potential Bonus Points)10 6.7 7.2 D. TOTAL 470 444.2 450.0 1. Ability to satisfy Software Requirements 80 75.8 80.0 2. Ability to satisfy Augusta LAN/WAN Requirements 60 60.0 60.0 3. Apparent User-Friendliness of the Software 40 36.7 39.2 4. Firm Stability 20 19.2 19.2 Total 200 191.7 198.3 Within Richmond County 10 Within CSRA 8 Within Georgia 6 6.0 Within SE United States (includes AL, TN, NC, SC, FL) 4 All Others 2 2.0 TOTAL 10 6.0 2.0 Lowest Fees 10 10 Second 8 8 Third 6 Forth 4 Fifth 2 TOTAL 10 10 8 H. References 10 10.0 9.7 Total 750 710.2 717.2 25.0 Submittal and Quality of RFP D. Narrative E. Scope of Services G. Proximity to Area Quality of RFP Evaluator: Cumulative Date: 3/15/17 Procurement Department Completion Date: 3/15/17 Internal Use Only Note: Respondent/Offeror(s) receiving 600 or more points will be invited to do presentations to provide additional information if deemed necessary. Evaluation Sheet - Proposal Opening RFP Item #17-130A Municipal Building Electronic Signage System for Augusta, Georgia - Information Technology Department Evaluation Meeting: Thursday, March 2, 2017 @ 10:00 a.m. Vendors Total (Total Possible Score 750) Second Round Elimination (Total Points 50) (MUST ACHIEVE 35 POINTS FOR CONTINUED CONSIDERATION) (MUST PASS FOR CONTINUED CONSIDERATION) RANKING - First Round Elimination Proximity to Area (Total Points 10) F. Proximity to Area Scope of Services (Total Points 200) Proposer’s Overall Ability to Provide the Services (Total Points 470) Cost/Fee Consideration Reference(s) (Total Points 10 Procurement: Nancy Williams . INFORMATIONTECHNOLOGY 4cL Tameka Allen Director Michael F. Blanchard Deputy Director Ms. Geri Sams, Director, Procurement Department Ms. Tameka Allen, Director,Information T RFP 17-130A Municipal Building Electronic March 16,2017 Gary Hewett Deputy Director To: From: Subject: Date: The Municipal Building Electronic Signage Selection Committee has reviewed vendor proposals and presentations for a technology solution which will enable Augusta to provide electronic signs in multiple locations in the buildings on the main Augusta Government Campus at 535 Telfair Street. In essence, this technology will permit Augusta to provide information to the public via LCD screens in strategic locations An RFP was released in order to procure a vendor for this solution. The RFP responses, which were due on February 3,2017, resulted in multiple vendor proposals. A committee composed of personnel from IT, Central Services, the Richmond County Marshal's Office, Augusta Planning& Development Department, and the Clerk of Commission reviewed the compliant vendor proposals and likewise participated in vendor presentations. Based on the committee response to the vendor presentation, it has been determined that Four Winds Interactive (FWD is the firm best-equipped to satisfy the system requirements that were specified in our RFP. With Procurement's permission, IT will proceed with negotiating with FWI for a final product and price that will be beneficial to Augusta. Procurement will, of course, be party to all communications regarding the negotiation of any contract. If you have any questions, please do not hesitate to contact me at 706-821-2522. Thank You for your assistance in this matter. 'x,? t{*iE LT r-r4{i1:i}{$ Information Technology 530 Greene Street, Annex l0l AugustA GA 3091I (706) 821-2522 - FAX (706) 821-2530 www.AugustaGa.gov Adaptive Micro Systems Attn: Bid Department 7840 N. 86TH STREET Milwaukee, WI 53224 FINUF Sign Company 426 Park West Drive Grovetown, Georgia 30813 Sign-A-Rama Augusta 3004 Riverwatch Lane Augusta, Georgia 30907 RETURNED MAIL Mvix Attn: Bid Department 23475 Rock Haven Way STE 125, Sterling, VA 20166 Signera Attn: Bid Department 20140 Scholar Dr., Suite 314 Hagerstown, MD 21742 DigiCert, Inc. 2801 North Thanksgiving Way Suite 500 Lehi, Utah 84043 Flagship Signs Attn: Mark Lowery 1819 Two Notch Road Columbia, SC 29204 Complete Signs Attn: Justin Holland 227 Hostdale Drive Dothan, AL 36303 The Marlin Company Attn: Bid Department 10 Research Parkway Wallingford, CT 06492 Convergent Attn: Bid Department 190 Bluegrass Valley Parkway Alpharetta, GA 30005 ConnectedSign Attn: Bid Department 480 New Holland Ave., Suite 6202 Lancaster, PA 17602 Stewart Signs Attn: Lafe Bianche 2201 Cantu Ct., Suite 215 Sarasota, FL 34232 DocuSign, Inc. ATTN: Ryan Bayersdorfer 221 Main St, Suite 1000 San Francisco, CA 94105 Signix ATTN: Brandon Pickett 1110 Market Street, Suite 402 Chattanooga, TN 37402 eSign by Vasco Aviv Lubell 8200 Decarie Blvd, Suite 300 Montreal QC, Canada H4p 2P5 Entrust Worldwide Headquarters Three Lincoln Centre 5430 LBJ Freeway Suite 1250 Dallas, Texas 75240 Stage Front Presentation Systems Attn: Tommy LaRue 11460 Maxwell Road, Suite C Alpharetta, GA 30009 Four Winds Interactive Attn: David Poniatowski 1221 Broadway Denver, CO 80203 Infax, Inc. Attn: Kerrah Wood 4250 River Green Parkway, Suite D Duluth, GA 30096 Tameka Allen Information Technology Michael Blanchard Information Technology Kellie Irving Augusta Compliance Office RFP Item #17-130A Municipal Building Electronic Signage System For Information Technology Dept. Mailed Out January 11, 2017 RFP Item #17-130A Municipal Building Electronic Signage System For Information Technology Dept. Bid Due: Fri. 02/03/17 @ 11:00 a.m. Commission Meeting Agenda 8/15/2017 2:00 PM Emergency Storm Clean-up – April 3, 2017 – Tree Cutting & Debris Removal Department:Engineering Department:Engineering Caption:Motion to approve the emergency storm clean-up for the storm that occurred on April 3, 2017. Clean up consists of tree cutting and debris removal for actual cost of $173,345.81, to be funded through the general fund contingency as requested by AED. (Approved by Engineering Services Committee August 8, 2017) Background:On April 3, 2017, a severe storm struck the city and resulted in downed trees in roadways, as well as, private property in several areas. While crews worked through the evening, night and into the next day to clear roads for vehicular traffic, the presence of large debris in or near the right of way presented a safety hazard that needed to be addressed in a timely manner. AED did not have sufficient in-house resources to handle this safety hazard and requested assistance from five On-Call firms to facilitate the removal of downed trees and debris in the county. Analysis:There were five On-Call companies utilized in the Emergency Storm Clean-up. They were Georgia-Carolina Paving, Larry L. McCord Design Build, Augusta Lawn & Turf, Inc., Horizon Construction & Associates, Inc., and Big Dog Stump, Tree Inc., Work was done under an emergency situation that warranted immediate response by AED to minimize public exposure to fallen tree and road hazards, and also minimize the City of Augusta’s exposure to potential liability. Financial Impact:The cost to cover the Emergency Storm Clean-up on April 3, 2017 is $173,345.81 to be funded through the General Fund contingency. Alternatives:1) Approve the emergency storm clean-up, for the storm that occurred on April 3, 2017. Clean up consist of tree cutting and debris removal, for actual cost of $173,345.81, to be funded Cover Memo through the general fund contingency as requested by AED. 2) Do not approve and identify alternative ways to meet this financial obligation. Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: General Fund Contingency REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 8/15/2017 2:00 PM Motion to Determine Abandonment of the Alley between Heard Avenue and Russell Street - 1st Reading Department:Law Department:Law Caption:Motion to determine that the Alley between Heard Avenue and Russell Street as shown on the attached plat has ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the best public interest, pursuant to O.C.G.A. §32-7- 2, with the abandoned property to be quit-claimed to the appropriate party(ies), as provided by law and an easement to be retained over the entire abandoned portion for existing or future utilities as directed by Augusta Engineering Department and Augusta Utilities Department. (Approved by Engineering Services Committee August 8, 2017) Background:The abandonment request has been reviewed by all essential county departments and administrators and approvals were received to this abandonment request. The legal description and plat of said Alley between Heard Avenue and Russell Street. Analysis:In addition to the information provided in the above Background section, publication notices will be made for a public hearing to be held, with results to be presented to the Commission. Notice to the property owners located thereon will be made, pursuant to O.C.G.A. §32-7-2(b)(1). Financial Impact:Cost of publication and advertisement of public hearing. Alternatives:Approve or deny request to determine that the Alley between Heard Avenue and Russell Street. Recommendation: Approve determination and request for abandonment of the Alley between Heard Avenue and Russell Street pursuant to O.C.G.A. §32-7-2, with the abandoned property to be quit-claimed to the appropriate party(ies) as allowed by law, and an easement(s) as Cover Memo directed by the Augusta Engineering Department and the Augusta Utilities Department to be retained over the entire abandoned portion for existing or future utilities and drainage. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo AGENDA ITEM Engineering Services Committee August 8, 2017 Motion to determine that the Alley between Heard Avenue and Russell Street as shown on the attached plat has ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the best public interest, pursuant to O.C.G.A. §32-7-2, with the abandoned property to be quit-claimed to the appropriate party(ies), as provided by law and an easement to be retained over the entire abandoned portion for existing or future utilities as directed by Augusta Engineering Department and Augusta Utilities Department. Department: Law Caption: Motion to determine that the Alley between Heard Avenue and Russell Street as shown on the attached plat has ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the best public interest, pursuant to O.C.G.A. §32-7-2, with the abandoned property to be quit-claimed to the appropriate party(ies), as provided by law and an easement to be retained over the entire abandoned portion for existing or future utilities as directed by Augusta Engineering Department and Augusta Utilities Department. Background: The abandonment request has been reviewed by all essential county departments and administrators and approvals were received to this abandonment request. The legal description and plat of said Alley between Heard Avenue and Russell Street. Analysis: In addition to the information provided in the above Background section, publication notices will be made for a public hearing to be held, with results to be presented to the Commission. Notice to the property owners located thereon will be made, pursuant to O.C.G.A. §32-7-2(b)(1). Financial Impact: Cost of publication and advertisement of public hearing. Alternatives: Approve or deny request to determine that the Alley between Heard Avenue and Russell Street. Recommendation: Approve determination and request for abandonment of the Alley between Heard Avenue and Russell Street pursuant to O.C.G.A. §32-7-2, with the abandoned property to be quit-claimed to the appropriate party(ies) as allowed by law, and an easement(s) as directed by the Augusta Engineering Department and the Augusta Utilities Department to be retained over the entire abandoned portion for existing or future utilities and drainage. Funds are available In Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 8/15/2017 2:00 PM Windsor Spring Rd IV (Utilities Relocation Reimbursement (GA Transmission Corp) Department:Engineering Department:Engineering Caption:Motion to approve and authorize supplemental reimbursement to Georgia Transmission Corp (GTC) in amount of $32,589.63 for cost to relocate their transmission facilities for improving Windsor Spring Road Phase IV (Willis Foreman Road to Tobacco Road) improvements project. Also approve modifying the Utility Relocation Agreement between GTC and the City from $1,086,587.50 to $1,119,177.13 as requested by AED. (Approved by Engineering Services Committee August 8, 2017) Background:Windsor Spring Road Phase IV is Augusta Commission approved SPLOST project. It is blended roadway improvement projects funded by local, state and federal funds. Augusta is responsible for funding roadway design, environmental permitting and public owned utilities relocation. GDOT under agreement with the City of Augusta is responsible for funding and managing roadway construction. The project is under construction with projected completion close to end of 2017. ER Snell is the contractor and construction bid for phase IV is $27,765,202.50. Roadway improvements required relocation of Power facilities and other utilities. The Windsor Spring Road Phase IV roadway improvements project is under construction and Public Utility relocation is completed. Analysis:Due to other Utilities relocation their facilities at different times, GTC mobilized its forces twice to remove specific poles structures. Such arrangement was warranted to keep roadway construction activities on schedule. De-mobilize and re-mobilize GTC forces twice lead to cost increase. Under agreement with GDOT, this is a cost that is required to be paid by the City of Augusta to complete needed improvements. Financial Impact:Funds are available in Project utility relocation funds. It is reimbursable expense. The City of Augusta entered into agreement with GDOT for utilizing M230 funding for utility Cover Memo reimbursement up to the amount of $2,272,138.00. Alternatives:1). Approve and authorize supplemental reimbursement to Georgia Transmission Corp (GTC) in the amount of $32,589.63 for cost to relocate their transmission facilities for improving Windsor Spring Road Phase IV (Willis Foreman Road to Tobacco Road) improvements project. Also approve modifying the Utility Relocation Agreement between GTC and the City from $1,086,587.50 to $1,119,177.13 as requested by AED. 2 ). Do not approve and find alternative way to reimburse GTC. Recommendation:Approve alternative one. Funds are Available in the Following Accounts: Project GDOT M230 Funds REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Augusta-Richmond County, Georgia BE IT ORDAINED by the Commission-Council of Augusta-Richmond County, Georgia that the following Capital Project Budget is hereby adopted: Section 1: This project is authorized to CPB #323-041110-296823766 to approve supplemental reimbursement to Georgia Transmission Corp (GTC) in the amount of $32,590 for cost to relocate their transmission facilities for improving Windsor Spring Road Phase IV Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. Special 1% Sales Tax, Phase III 1,467,000$ Special 1% Sales Tax, Phase IV 600,000$ TIA Discretionary Funds 323,008$ SPLOST III Recaptured Funds 248,197$ TIA Utility Funds 259,497.00$ GDOT M230 1,119,177.00$ 4,016,879$ Section 3: Copies of this Capital Project Budget shall be made available to the Comptroller for direction in carrying out this project. Adopted this ____________________ day of ______________________. Approved _________________________________________________ Original-Commission Council Office Copy-Engineering Department Copy-Finance Department Copy-Procurement Department the City from $1,086,588 to $1,119,177 as requested by AED CPB# 323-041110-296823766 CAPITAL PROJECT BUDGET WINDSOR SPRING ROAD IMPROVEMENTS, PHASES IV & V (SR 88 TO WILLIS FOREMAN RD AND WILLIS FOREMAN RD TO TOBACCO RD) UTILITY RELOCATION REIMBURSEMENT Please do not execute this copy. Once commission approved an original will be forwarded for approval. Ext 5070 Honorable Hardie Davis, Jr., Mayor (Willis Foreman Road to Tobacco Road) improvements project. Also approve modifying the Utility Relocation Agreement between GTC and 1 of 2 07.25.2017 CAPITAL PROJECT BUDGET WINDSOR SPRING ROAD IMPROVEMENTS, PHASES IV & V (SR 88 TO WILLIS FOREMAN RD AND WILLIS FOREMAN RD TO TOBACCO RD) UTILITY RELOCATION REIMBURSEMENT CPB AMOUNT CPB NEW SOURCE OF FUNDS CPB ADDITION CPB SALES TAX, PHASE III 323041110-000000-299823766 ($1,467,000)($1,467,000) SPECIAL 1% SALES TAX, PHASE IV 324041110-000000-202824766 ($600,000)($600,000) TIA DISCRETIONARY FUNDS ($323,008)($323,008) SPLOST III RECAPTURE FUNDS ($248,197)($248,197) TIA UTILITY FUNDS ($259,497)($259,497) GDOT FUNDS ($1,086,587) ($32,590) ($1,119,177) TOTAL SOURCES:($3,984,289) ($32,590) ($4,016,879) USE OF FUNDS ENGINEERING 323041110-5212115-299823766 $1,715,197 $1,715,197 ENGINEERING 324041110-000000-202824766 $600,000 $600,000 TIA DISCRETIONARY 235041110-5411120-299823766 $323,008 $323,008 UTILITY 371-041110-T15040154-5414510 $259,497 $259,497 GDOT M230 FUNDS $1,086,587 $32,590 $1,119,177 TOTAL USES:$3,984,289 $32,590 $4,016,879 2 of 2 07.25.2017 Commission Meeting Agenda 8/15/2017 2:00 PM Minutes Department: Department: Caption:Motion to approve the minutes of the regular and Special Called meetings of the Augusta Commission held August 1 and August 8, 2017. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda Commission Chamber - 81112017 ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; Jefferson, Guilfoyle, Sias, Frantom, M. Williams, Davis, Fennoy, D. Williams, Hasan and Smith, members of Augusta Richmond County Commission. INVOCATION: Reverend william Bass, Pastor, Tremont Temple Baptist church. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE I.INITED STATES OF AMERICA. RECOGNTTTON(S) Municipal Certilied Elected Official A. Certificate of Recognition presentations to Commissioners Sean Frantom, Ben Item Hasan and Sammie Sias from the Georgia Municipal Association and Carl Action:Vinson Institute of Government University of Georgia associated with None completing the required hours of training to obtain their Municipal Elected Officials certification. IB Item.4,pprovalsheet.htm I Motions Motion Motion Textrype Made Seconded MotionBy By Result Recognition of Commissioners Hasan, Frantom and Sias for completion of required training hours to obtain their Municipal Elected Officials certification. Richmond County Tax Commissioner's Office B. Ms. Aliegha Brigham: RE: Certificate presentations to City of Augusta Youth ltem Leadership Summer Internship participants. Action: None lB Aliesha Brisham.odf lE ItenrA porovatsheet.html Motions Motion Motion Text Made Seconded Motion'r'ype By By Result Recognition of City of Augusta Youth Leadership Summer Internship participants. Five ($ minute time limit per deleeation DELEGATIONS C. Ms. Ethel Jenkins regarding revocation of the Policy that requires Non ltem Governmental Organizations (NGOs) to submit an audit and/or review who Action: receives $50,000 or less. None lB Elizabeth Jones.odf B ltenrAnorovalsheet.htnrl Motions Motion trf,-1!_-, m , Made Seconded MotionType Motion Text By By Resurt Iffi:;j:,ton is made by Ms. Ethel CONSENT AGENDA (Items 1-10) ADMINISTRATIVE SERVICES 1. Motion to approve proposal from McMillan,Pazdan, Smith Architecture in the Item amount of $150,000.00 to design renovations and additions to the Maxwell Action: Branch Library at 1927 Lumpkin Road. (RFP 17-173) (Approved by Approved Administrative Services Committee July 25, 2017) B l7-I73 RFP sent to nerlspaper.pdf E rz-tzt t,q,g onFtcraL.par lB l7-173 Cumulative.pdf [H lZ-tZf DeDartment Recommendation of Awerd - Neqotations Einrlizcrt nrtf lB Process Regardins RFPs.odf B t7-r73 ppc.pdf lB I\lail List and Demandstar Planholders.odf lE ItemApprovalsheet.html Motions Motion;:.--^ -- Motion Text Made Byr ype Seconded By Motion Result 2. Motion to approve by Resolution the FY 2017 Annual Action Plan for the following programs funded by the U.S. Department of Housing and Urban Development (HUD): Community Development Block Grant (CDBG) Program, Home Investment Partnerships (HOME) Program, Emergency Solutions Grant (ESG) Program, Housing Opportunities for Persons with AIDS (HOPWA) Program. (originally Approved by commission on october 4, 2016). (Approved by Administrative Services Committee July 25r2017\ Motion to ^ aDDrove.APProve vtotio, Passes lo- 0. Motion to ^ aDDrove.APProve vtotion Passes lo- 0. Commissioner Commisioner Sammie Sias Sean Frantom Passes Item Action: Approved lB Pronosed FYlT budqet-final.pdf lB ItemApprovalsheet.html Motions X:'1'" Motion Text Made Byrype seconded By Motion Result Commissioner Commissioner Marion Williams Sammie Sias Passes 3. Motion to approve a request from Ms. Faye Smith on behalf of the "Early Item Risers Walking Group" to name the walking track at the Henry H. Brigham Action: Community Center in honor of former Commissioner Bill Lockett. (Approved Approved by Administrative Services Committee July 25,2017) IB Ordinance 7J86 Buildinq \aming .pdf {B Admin Cmre. Brisham Walkins Tract 7.25.17.pdf B ItemApprovalsheet.html Motions r#:" Motion rext Made Bv Motion to , aDDrove.Approve vtotlon Passes 10- 0. Commissioner Commisioner Sammie Sias Sean Frantom Passes Seconded By Seconded By Motion Result Motion Result 4. Motion to approve authorizing staff to draft a code amendment to improve Item the bid evaluation process and bring it back to the Administrative Services Action: Committee for review.(Approved by Administrative Services Committee Approved July 25, 2017) 5. lB Procurement Code Professional Services.pdf IB ttemAonrovalsheet.html Motions X:tl"' Motion Text Made ByI vne Motion to ^ aDDrove.APProve Motion passes 0. Motion to approve award SherifPs Office (RCSO) compliant bidder, Horizon (Bid 17-179) (Approved 2017) Commissioner Commisionerl0- Sammie Sias Sean Frantom rasses for replacement of the roof on the Richmond County Item South Augusta Precinct Building to the lowest Action: Roofing of Monroe, GA, in the amount of $147,777. Approved by Administrative Services Committee July 25, [B 17-179 tTB to Paper,pdf E lz-tzg_TaB oFpl('t.qL.oaf B lz-rz9 upn.por lE I7-179_Recommendaaion of Arrar.d.pdf lB Mail List and Demandstar Planholders.pdf lB Comoliance lnformation.pdf {E ItemApprovalsheet.html Motions X:11" Motion Text Made Byr ype Motion ResultSeconded By Motion to a approve. Commissioner CommisionerApprove Motion passes l0- Sammie Sias Sean Frantom Passes 0. 6. Motion to approve award for replacement of the roofs on the three Richmond Item County SherifPs Office (RCSO) Special Operations Buildings to the lowest Action: compliant bidder, Roofing Professionals, Inc. of Grovetown, GA, in the amount Approved of $167,400. (Bid l7-lg3xApproved by Administrative Services Committee July 25, 2017) lB 17-193 ITB to Paper.pdf E 17-193 OFFICAL TAB - Conv.ndf IB r7-r93 NrpB.pdf [E Recommendation Letter from Denartment.nclf lB MaiLList-and Demandstar'_Planhol<iers,ndf lB Compliance Information Roofins Professionals. Inc..odf lB ltemAnnrovalsheet.html Motions Motion rf,-1!-,m , r, r h Motion;""-- Motion Text Made By Seconded By'f'YPe ---- -'1 --------- -J Result Motion to ^ approve. Commissioner CommisionerApprove :':'..- . -^ ^--""' .'-;:"-^ :"""_'"^""-^ Passes'-rr^-'- Motion Passes 10- Sammie Sias Sean Frantom 0. PUBLIC SAFETY 7. Motion to approve revised FYIS State Court DUI Court grant award. Item (Approved by Public Safety Committee July 25,2017\Action: Approved lB CJCCFYI 8revisedgrantawardDttlcour$705I 7.pdf B ltemAnnrovalsheet.htm I Motions X:j:" Motion Text Made By seconded By Motionrype - ----- -r Result Motion to Aoorove fPProve. Commissioner Commisioner- -rr- - - Motron Passes l0- Sammie Sias Sean Frantom Passes 0. ENGINEERING SERVICES 8. Motion to approve Purchase of Two Reservoir Mixers for the N. Max Hicks ltem Water Treatment Plant Under Bid Item 14-194. (Approved by Engineering Action: Services Committee July 25,2017) Approved B Confirmation Letter_061917 - Medorr Circuletors.odf lB Invitation to Bid sent to neB,sn^ner n.tf B l+lql r,q,r.oor lE lJ-|9{ Recommendalion of A$.ard.pdf IB l\{ail List and Demandstar planholders.pdf lB Item.{nnrovalsheet html Motions Motion r-^a:^_ i_-L rr r .- Motion;------ Motion Text Made By Seconded ByI ype ----- -r Result Motion to A .^__^--^ approve. Commissioner CommisionerApprove Motion passes l0- Sammie Sias Sean Frantom Passes 0. PETITIONS AND COMMUNICATIONS 9. Motion to approve the minutes of the regular and Special Called meetings of the Item Commission held July 18 and July 25,2017.Action: Approved lE Regular Conrmission_l\feetins Juh_I8 20l7.ndf tB Called Commission lueetins July 25 20l7.pdf lE ItemAnprovalsheet.htm I Motions Motion f,r^r:^_7Ti^_-1 rf,_r_n ^ Motion;---*" Motion Text Made By Seconded Byr YPe - ---- -r Result Motion to Aoorove aqprove. Commissioner Commisioner- -rr- - ' - Motion passes 10- Sammie Sias Sean Frantom Passes 0. APPOINTMENT(S) 10. Motion to approve the appointment of Mr. David Bartholomew to the Item Augusta Transit Citizens Advisory Board Representing District 1. Action: Approved B David Bartholomeu.orlf B ltemAonrovalsheet.htnrl Motions H:t]" Motion Text Made By seconded By Motion I YPe - ---- -r Result Motion to Approve i[$,"":'r"sses 10- ff##',j'Ji*" S:#T;;f,:f passes 0. ,f ,(**END CONSENT AGENDA**** AUGUSTA COMMISSION 8nt20l7 AUGUSTA COMMISSION REGULAR AGENDA 8lu20t7 (Items 11-l9) PUBLIC SERVICES 11. New Location Application: A.N. 17-22: A request by Myles Jay Sword for a Item retail package Beer & Wine License to be used in connection with Lidl U. S. Action: Operations located at 1096 Alexander Drive. District 7. Super District 10. Approved lB Lidl tl S Operation.pdf lB ItemAoorovalsheet.html Motions X:':"' Motion Text Made By seconded By Motion I YPe -'---- -J Result Motion to ^ approve. Commissioner CommissionerApprove Motion passes l0- Wayne Guilfoyle William Fennoy Passes 0. 12. Location Transfer: A.N. 17-23: A request by Valarie W. Jenkins for an on Item premise consumption Beer License to be used in connection with Whitehead Action: Grill located at2425 Milledgeville Rd. District 2. Super District 9. Approved {g \\'hitehead Grill,pdf lE Item.{pprovalsheet.html Motions X:j:"' Morion Text Made By Seconded By Motion I YPe ''---- -r Result Motion to Approve il5,#;*ses 1 0- fr:T#'ri?,1h, ::f,T#'r'."rHi,", passes 0. 13. Request the Augusta Commission approve the five (5) year lease with Societe ltem International de Telecommunications Aeronautiques (SITA) as approved by the Action: Augusta Aviation Commission at their June 29,2017 meeting. Approved E SITA Lease.pdf E ltemApprovalsheet.html Motions X:jl'" Motion Text Made By Seconded By Motion r ype ''---- -" Result Motion to Aoorove approve. Commissioner Commisioner- -rr- - ' - Motion Passes l0- Sammie Sias Sean Frantom Passes 0. ADMINISTRATIVE SERVICES 14. Discuss bringing the Augusta Probation Services Department in-house. Item (Requested by commissioner Marion williams) .tction: Rescheduled E ItemAnnrovalsheet.html Motions H:,1". Morion Text Made By seconded MotionrYPe -'^--- -J By Result Motion to approve placing this department Commissioner Dies for Approve under the Administrator Marion lack of or the Commission until Williams Second the problem is alleviated. Motions $otion Motion Textlype Motion to refer this item back to the public Safety Committee for further discussion andDefer to request Judge David Watkins to be present for the discussion. Mr. M. Williams not voting. Motion Passes 9-0. [B ItemApprovalsheet.html Motions Sotion Motion TextI ype Motion to ^ aDDrove.APProve vtotio, passes lo- 0. E ItemAoorovalsheet.html Motions Y91io' Motion Textrype Motion to ^ dDprove.APProve uotion passes lo- 0. Made By Seconded By Motion Result Commissioner Commissioner 15. Approve request for two (2) Victim Advocate positions and Supplemental Pay ltemfor one (l) State-Paid Assistant District Attorney (ADA). (Approved bi Action: Finance & Public Safety committees and no recommendation from Approved Administrative Services Committee July 25, Z0l7) William Fennoy Made By Commissioner Sammie Sias Dennis Williams Seconded By Commisioner Sean Frantom Passes Motion Result Motion Result Passes Made By Seconded By Commissioner Commisioner Sammie Sias Sean Frantom Passes 16. Approve request for three (3) Assistant District Attorney (ADA's) positions. Item(Approved by Finance & Public Safety committees and no Action: recommendation from Administrative Services Committee July 25r2017) Approved ENGINEERING SERVICES 17. Discuss the two Augusta Environmental Servicesthe contracted hauling companies and their (Requested by Commissioner Sean Frantom) Department events regarding Item associated subcontractors. Action: None E ESD Incident Waste Haulers_8.l.t7.pdf E ItemAoorovalsheet.html Motions $otion Motion Textrype lE mill rate presentarion 8-l-l7.pdf E ltemAoorovalsheet.html Motions Motion Motion Text|.e Made SecondedBy By Motion Result Discussion of this item is held; no formal action is taken. ADMINISTRATOR 18. Motion to approve proposed rollback mill rates for each taxing district, Item advertise the required 5 year history of the digest and to schedule the date of Action: the meeting for August 15 at 2 PM to adopt the proposed rates. Approved Made By Seconded By Motion Result Motion to approve. Mr. M. Williams votes Present. Approve x:*xurner wayn. ff##':'Ji*" s:#Tl.;ffi Passes Guilfoyle. Motion Passes 8-1 -1. ADDENDUM 19. Motion to approve amendment (Ordinance) to Augusta, Georgia Procurement Item Code to include the adoption of Public-Private Partnership (P3) "Unsolicited Action:Proposals". (Approved by Administrative Services Committee July 11, Approved 2017) (Approved by commission July 18, 2017 - second reading) B tortnnL ,no", orrzzntl t,NsoLtcrren ,RoposnLs onrtNoNar (oot).ror E ItemAoprovalsheet.htnrl Motions Motion t,nrinn.Fav4 Made Seconded Motion;:_:-.. Motion TextrYPe By By Result Unanimous consent is given to add this item to the agenda. Motions X:'1"' Motion Text Made By seconded By Motion r YPe uvvvuslu uJ Result Motion to Approve ffi5,',il'r"sses r0- ff,T,T,:'Ji*.' S:#T;ffi passes 0. LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 20. Motion to approve execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Upcoming Meglings Item Action: None www.auqustaga.gov CALLED MEETING COMMISSION CHAMBER August 8,2017 Augusta Richmond County Commission convened at 1 1:00 a.m., Tuesday, August 8,2017, the Honorable Hardie Davis, Jr., Mayor, presiding. PRESENT: Hons. Jefferson, Guilfoyle, Sias, Frantom, M. Williams, Davis, Fennoy, D. Williams, Hasan and Smith, members of Augusta Richmond County Commission. Mr. Mayor: Okay. The Chair recognizes Attorney MacKenzie. 1. LEGAL MEETING A. Pending and potential litigation B. Real estate C. Personnel Mr. Mayor: I would entertain a motion to go into an executive session to discuss pending and potential litigation, real estate and personnel. Ms. Davis: So move. Mr. Sias: Second. Mr. Mayor: Motion and a second. Voting. Mr. Frantom and Mr. Smith out. Motion carries 8-0. IEXECUTTVE SESSTON] 2. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Mr. MacKenziez -- a motion to execute the closed meeting affidavit. Mr. M. WillilP5; So move. Mr. Frantom: Second. Mr. Mayor: A motion and a second. Voting. Motion carries 10-0. Mr. Mayor: The Chair recognizes Attorney MacKenzie. Mr. MacKenzie: It's my understanding there are a number of motions to be approved from legal. Mr. Mayor: Okay. The Chair recognizes the Mayor Pro Tem. Ms. Davis: Thank you, Mr. Mayor. I'd like to make a motion to accept payment of $51455.16 for the use of equipment at 1282 Booths Branch Road and to authorize the Mayor to execute a release to settle all claims regarding such equipment. Mr. Sias: Second. Mr. Mayor: I've got a motion and a proper second. Voting. Motion carries 10-0. Mr. Mayor: The Chair recognizes the commissioner fiom the 5th for a motion. Mr. Jefferson: Thank you, Mr. Mayor. I'd like to make a motion to transfer.06 acres of property to the Augusta Land Bank per the Commission's action of June 1912001. Mr. Hasan: Second. Mr. Jefferson: And also to rescind said action in the transfer. Mr. Sias: Second. Mr. Mayor: All right. For the record there's a motion to rescind the action of the Commission of 6-19-2001 and to transfer the said property to the Land Bank Authority. We've got a motion and a second for that. Voting. Mr. MacKenzie: I'll just note for the record the address is 601 Taylor Street. Motion carries 10-0. Mr. Mayor: The Chair recognizes the commissioner from the I't, Engineering Services Chairman, for a motion. Mr. Fennoy: Mr. Mayor and colleagues, it is with deep regrets that I make a motionto accept the resignation of Abie Ladson effective October 31, 2017 and to approve six months of severance pay in accordance with section 500-311 and 500-312. Mr. Hasan: Second. Mr. Mayor: We've got a motion and a second. Voting. Motion carries 10-0. Mr. Mayor: The Chair recognizes the commissioner from the 4ft for a series of motions. Mr. Sias: Move to authorize the creation of the position of Deputy Warden at the Richmond County Correctional Institute at a salary grade of 57 and to authorize the transfer of funds from the General Fund to the salary line item of RCCI for this position. Mr. Fennoy: Second. Mr. Mayor: I've got a motion and a second. The Chair recognizes the commissioner from the Sft for an inquiry. Mr. Guilfoyle: Yes, Mr. Mayor, thank you. This is the question for the Administrator. As far as this position, is it a new position or is it one that was already existing that's not filled? Ms. Jackson: This is a position that existed at RCCI up until the reorganizationof I believe20ll or 2012. The warden has been without that position since that time. This would be a reinstatement of that job. Mr. Guilfoyle: So when we redone the departments back in 201 l,z}l2this position should have been eliminated. Ms. Jackson: It was eliminated, yes, and this would be bringing it back. Mr. Guilfoyle: And the pay scale for this employee, said ernployee, would be making the same thing what she was leaving her other position at. Ms. Jackson: This particular position, there is overlap with the pay scale of the old job and the new job. Mr. Guilfoyle: And this comes out of the General Fund to fund this position? Ms. Jackson: That is correct. Mr. Guilfoyle: Thank you, Mr. Mayor. Mr. Mayor: All right, thank you. we've got a motion and a second. voting. Ms. Davis, Mr. Frantom and Mr. Guilfoyle vote No. Motion carries 7-3. Mr. Mayor: The Chair recognizes the commissioner from the 4ft for a motion. Mr. Sias: Thank you, Mr. Mayor. Move to authorize the settlement of all claims ofMarie Boulton in exchange for placing Ms. Boulton in the position of Deputy Warden at a salary of $791500 contingent upon the execution of settlement agreements and release by Ms. Boulton. Mr. Hasan: Second. Mr. Mayor: All right, we've got a motion and a second. The Chair is going to ask the commissioner to restate your motion so everybody hears it. Mr. Sias: Move to authorize the settlement of all claims of Marie Boulton in exchange for placing Ms. Boulton in the position of Deputy Warden at a salary of $79,500 contingent upon the execution of settlement agreement and release by Ms. Boulton. Mr. Mayor: We've got a motion. Second came from the commissioner from the 6th. AIright. Okay, all those in favor will vote yea and those opposed will vote no. Voting. Mr. Frantom, Mr. Guilfoyle and Mr. Smith vote No. Motion carries 7-3. Mr. Mayor: Is there any further business before us? Mr. MacKenzie: That's all I have, thank you. Mr. Mayor: All right, committee meetings. IMEETING ADJOURNED] Lena J. Bonner Clerk of Commission CERTIFICATION: I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copyof the minutes of the Called Meeting of the Augusta Richmond County Commission held on August 8,2017. Clerk of Commission Commission Meeting Agenda 8/15/2017 2:00 PM District 7 Department: Department: Caption:Motion to approve the reappointment of the following representing District 7. Randy Sasser - Augusta Regional Airport Commission; Sheena Dorsey - Animal Donald Thompson - Augusta Port Authority; Sue Pittman - Augusta County Library; Sonny Pittman - Augusta Planning Commission; Ronnie Masters - Augusta Personnel Board; Roger Davis - Augusta Tree Commission; Ann Helms - Small Business Advisory Board; David Barbee - Historic Preservation; Mark Loran - Public Facilities; Charlie Walker - Riverfront Development Review Board. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 8/15/2017 2:00 PM What Works City Initiative Department:Mayor's Office Department:Mayor's Office Caption:Adopt resolution affirming Augusta as a What Works City and establishment of Open Data Policy in support of What Works City Initiative. (Requested by Mayor Hardie Davis, Jr.) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Lena Bonner From: Sent: To: Subject: Mayor Hardie Davis, Jr. Thursday, August 10,20L7 9:02 AM Lena Bonner Agenda Items Please add the following: Delegation: Recognize The Georgia Soul Basketball Team for winning the National Championship Regular Agenda Adopt resolution affirming Augusta as a What Works City and establishment of Open Data Policy in support of What Works City lnitiative Please consider the environment before printing this email. a result of the e-tllail lransmission. lf verification is required, please request a naid copy version.'AED:104 1 Commission Meeting Agenda 8/15/2017 2:00 PM Wright McLeod Department:Clerk of Commission Department:Clerk of Commission Caption:Consider a request from Mr. Wright McLeod for permission to draft an amendment to Section 24 of the Comprehensive Zoning Ordinance adding "Construction and Demolition Landfill" to the list of permitted uses in HI zones. (No recommendation from Engineering Services Committee August 8, 2017) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo AGENDA ITEM REQUEST FORM Cornmission meetings: First and third Tuesdays of each month - 2:00 p.m. Committee meetings: Second and last Tuesdays of eacb month - 1:00 p.m. Commission/Committee: (Please check one and insert meeting date) Commission Public Safety Committee Public Services Committee Administr ative Services Committee Y Engineering Services Committee Finance Comrnittee Date of Meeting Date of Meeting Date of Meeting Date of Meeting Date of Meeting Date of Meeting 9lr1tt Contact Information for IndividuaVPresenter Making the Request: Telephone Number: Fax Number:"0!-q )t- *o4l E-Mail Address: Caption/Topic of Discussion to be placed on the Agenda: Please send this request form to the following address: Ms. Lena J. Bonner Clerk of Commission Suite 220 Municipal Building 535 Telfair Street Augusta, GA 3090I Telephone Number: 7 06-821-7820 Fax Number: 706-82f-1838 E-Mail Address: nmorawski@augustaga.gov Requests may be faxed, e-mailed or delivered in person and must be received in the Clerk's Office no later than 5:00 p.m. on the Wednesday preceding the Commission meeting and 5:00 p.m. tln the Tuesday preceding the Committee meeting of the following week. A five- minute time limit will be allowed for presentations. Commission Meeting Agenda 8/15/2017 2:00 PM 2017 Millage Rate Department:Administration Department:Administration Caption:Motion to approve the Resolution to adopt the 2017 calculated rollback mill rates for each taxing district as shown on the Schedule A. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo RESOLUTION RESOLUTION ADOPTED BY THE AUGUSTA-RICHMOND COUNTY COMMISSION ESTABLISHING THE TAX MILLAGE RATES FOR CALENDAR YEAR 2017 RESOLVED BY THE AUGUSTA-RICHMOND COMMISSION, that the rates as set forth on Schedule “A” hereto, for the calendar year 2017, are hereby levied against the taxable property of said County within the County for its County-Wide General Fund Maintenance and Operations, the Urban Services District, the Capital Outlay Fund, the Fire Protection Fund, and the Blythe Fire District Maintenance and Operations Fund, respectively. BE IT FURTHER RESOLVED THAT Steven Kendrick, Tax Commissioner, or his successor in office, is hereby directed to collect said tax on the taxable property within said districts, except exempted real property as provided by law, and except exempted personal property as provided by law, for the calendar year 2017. Hardie Davis, Jr., Mayor Adopted this 15th day of August, 2017 AUGUSTA-RICHMOND COUNTY ___________________________ As its Mayor Attest: ________________________ Clerk of Commission Schedule A MILLAGE RATE BY FUND Calculated Approved Rollback Proposed Rate Rate Rate 2016 2017 2017 COUNTY-WIDE GENERAL 15.764 16.003 16.003 SALES TAX CREDIT 5.970 6.217 6.217 COUNTY GENERAL FUND-NET M&O 9.794 9.786 9.786 URBAN SERVICES GENERAL 10.647 10.868 10.868 SALES TAX CREDIT - URBAN 5.431 5.643 5.643 URBAN SERVICES DIST.-NET M&O 5.216 5.225 5.225 CAPITAL OUTLAY FUND 0.781 0.780 0.780 FIRE PROTECTION 2.139 2.136 2.136 BLYTHE-FIRE DISTRICT M&O 3.384 3.308 3.308 COUNTY BONDS 0.000 0.000 0.000 URBAN SERVICES BONDS 0.000 0.000 0.000 URBAN SERVICE BID DISTRICT 5 0.000 0.000 0.000 URBAN SERVICE BID DISTRICT 6 0.000 0.000 0.000 Augusta -Richmond County, Georgia Schedule of Proposed 2017 Millage Rates 08/15/2017 2017 Millage Rate Discussion August 1, 2017 Georgia Law Requires Certain Disclosures Prior to the Establishment of the Annual Millage Rate for Ad Valorem Tax Purposes 2 •First -Publish the assessed taxable value of all property, the proposed mill rate, the assessed taxable values and millage rates for the preceding five calendar years. It must also indicate the percentage increase/decrease and total dollar increase/decrease. This is commonly referred to as the Current Digest and 5 Year History of Levy. -this ad must appear in newspaper at least 1 week prior to adoption of mill rate. Georgia Law Requires Certain Disclosures Prior to the Establishment of the Annual Millage Rate for Ad Valorem Tax Purposes 3 •Second –the recommending authority must compute a “rollback” millage rate, which is the previous year’s millage rate minus the millage equivalent of the value added by reassessments of existing real property. –If the proposed rate is higher than the rollback rate, certain advertisements, press releases and public hearings must be held prior to the adoption of the final millage rate. 4 COUNTY WIDE 2012 2013 2014 2015 2016 2017 Real & Personal 4,895,821,306 4,942,268,249 5,012,723,815 5,099,371,838 5,528,927,360 5,283,632,314 Motor Vehicles 338,312,190 364,089,090 311,397,550 221,670,460 165,290,850 121,655,610 Mobile Homes 18,756,473 18,944,271 17,837,393 16,849,509 16,044,366 15,538,379 Timber - 100%1,017,570 1,022,334 644,553 1,267,000 995,100 750,451 Heavy Duty Equipment 141,888 89,319 32,147 42,756 198,500 71,738 Gross Digest 5,254,049,427 5,326,413,263 5,342,635,458 5,339,201,563 5,711,456,176 5,421,648,492 Less M& O Exemptions 603,772,664 640,326,662 627,710,156 633,436,210 925,907,644 705,826,990 Net M & O Digest 4,650,276,763 4,686,086,601 4,714,925,302 4,705,765,353 4,785,548,532 4,715,821,502 State Forest Land Assistance Grant Value 620,248 788,139 908,928 922,807 1,601,963 1,601,713 Adjusted Net M&O Digest 4,650,897,011 4,686,874,740 4,715,834,230 4,706,688,160 4,787,150,495 4,717,423,215 Gross M&O Millage 14.093 14.025 16.053 16.373 15.764 16.003 Less Rollback (LOST)6.008 5.983 6.265 6.581 5.970 6.217 Net M&O Millage 8.085 8.042 9.788 9.792 9.794 9.786 Total County Taxes Levied $37,602,502 $37,691,847 $46,158,585 $46,087,890 $46,885,352 $46,164,704 Net Taxes $ Increase $1,005,466 $89,344 $8,466,739 -$70,695 $797,461 -$720,648 Net Taxes % Increase 2.75%0.24%22.46%-0.15%1.73%-1.54% NOTICE held at the (Place of Meeting) on (Date of Meeting) at (Time of Meeting) and pursuant to the requirements of O.C.G.A. Section 48-5-32 does hereby publish the following presentation of the current year's tax digest and levy, along with the history of the tax digest and levy for the past five years. CURRENT 2017 TAX DIGEST AND 5 YEAR HISTORY OF LEVY The (County Name) County Board of Commissioners does hereby announce that the millage rate will be set at a meeting to be Cautions about 5 year history ad information •Required by state –no deviation allowed •Assumes 100% collection rate •Amount for motor vehicle not correct (MV mill rate is always one year behind) •Does not reflect early payment discount (approximately $365,000) 5 Comparison of 5 year ad and 2016 collections 6 2016 Budget Actual Amt per 101 273 Total 101 273 Total 5 year digest ad Diff Real Property $ 11,611,560 $ 31,394,230 $ 43,005,790 $ 12,107,610 $ 32,735,390 $ 44,843,000 Timber tax $ 3,300 $ 8,920 $ 12,220 $ 1,925 $ 5,206 $ 7,131 Early pymt Disc $ (81,410)$ (220,110)$ (301,520)$ (98,594)$ (266,569)$ (365,163) Motor Veh $ 475,000 $ 1,300,000 $ 1,775,000 $ 395,649 $ 1,069,719 $ 1,465,368 Mobile Homes $ 43,880 $ 118,640 $ 162,520 $ 37,737 $ 102,031 $ 139,768 Rail Road Equip $ 17,000 $ 47,000 $ 64,000 $ 19,708 $ 53,286 $ 72,994 $ - Total $ 12,069,431 $ 32,648,953 $ 44,718,384 $ 12,464,136 $ 33,699,336 $ 46,163,472 $ 46,885,352 $ (721,880) Excerpt From Ga DOR Digest Compliance Guide 7 (4) Advertisement of rollback rate, press release and public hearing. The procedures for the advertising of the rollback rate, issuing the required press release and holding public hearings shall be as provided in this paragraph. (a) Procedure when rollback rate not exceeded. Whenever a recommending or levying authority proposes to adopt a millage rate that does not exceed the rollback rate calculated as defined in subparagraph (i) of paragraph (2) of this Rule, such authority shall adopt the millage rate at an advertised public meeting and at a time and place which is convenient to the taxpayers of the taxing jurisdiction, in accordance with O.C.G.A. §48-5-32. Timeline if Rollback Rate is Proposed: August 1,2017 Commission sets 2017 Proposed Mill Rates and announces date that final rates will be approved August 4,2017 Required 5 year history and Current Year Digest appear in newspaper and posted to web site August 15,2017 Commission adopts 2017 mill rates for each taxing district 8 Excerpt From Ga DOR Digest Compliance Guide 9 (b) Procedure when rollback rate is exceeded. Whenever a recommending or levying authority proposes to establish a general maintenance and operation millage rate that would require increases beyond the rollback rate calculated in subparagraph (i) of paragraph (2) of this Rule, such authority shall advise its intent to do so and conduct at least three public hearings in accordance with O.C.G.A. §48-5-32. Additional Requirements: Press Release Notice of Intent to Increase Property Taxes Augusta –Richmond County Georgia Schedule of Calculated 2017 Rollback Millage Rates 10 MILLAGE RATE BY FUND Calculated Approved Rollback Proposed Rate Rate Rate 2016 2017 2017 COUNTY-WIDE GENERAL 15.764 16.003 SALES TAX CREDIT 5.970 6.217 COUNTY GENERAL FUND-NET M&O 9.794 9.786 URBAN SERVICES GENERAL 10.647 10.868 SALES TAX CREDIT -URBAN 5.431 5.643 URBAN SERVICES DIST.-NET M&O 5.216 5.225 CAPITAL OUTLAY FUND 0.781 0.780 FIRE PROTECTION 2.139 2.136 BLYTHE-FIRE DISTRICT M&O 3.384 3.308 COUNTY BONDS 0.000 0.000 URBAN SERVICES BONDS 0.000 0.000 URBAN SERVICE BID DISTRICT 5 0.000 0.000 URBAN SERVICE BID DISTRICT 6 0.000 0.000 Augusta –Richmond County Georgia Schedule of Proposed 2017 Millage Rates 08/01/2017 11 MILLAGE RATE BY FUND Calculated Approved Rollback Proposed Rate Rate Rate 2016 2017 2017 COUNTY-WIDE GENERAL 15.764 16.003 16.003 SALES TAX CREDIT 5.970 6.217 6.217 COUNTY GENERAL FUND-NET M&O 9.794 9.786 9.786 URBAN SERVICES GENERAL 10.647 10.868 10.868 SALES TAX CREDIT -URBAN 5.431 5.643 5.643 URBAN SERVICES DIST.-NET M&O 5.216 5.225 5.225 CAPITAL OUTLAY FUND 0.781 0.780 0.780 FIRE PROTECTION 2.139 2.136 2.136 BLYTHE-FIRE DISTRICT M&O 3.384 3.308 3.308 COUNTY BONDS 0.000 0.000 0.000 URBAN SERVICES BONDS 0.000 0.000 0.000 URBAN SERVICE BID DISTRICT 5 0.000 0.000 0.000 URBAN SERVICE BID DISTRICT 6 0.000 0.000 0.000 Effect of Change to Rollback Rate on $100,000 House 12 Value of Home $100,000 Percent Assessed 40% Assessed Value $40,000 Homestead Exp -5000 Taxable Value $35,000 Change Due to Rollback Calculation (Countywide)0.008 mills Amount of Change $0.28 Decrease 13 Augusta -Richmond County, Georgia 2017 Tax Cap Calculations worksheet ONLY******* 2017 TAX CAP CALCULATIONS General Urban Services Fire Protection Fund Fund Fund 1979 Millage Rate 16.520 25.960 2.900 1979 Millage Rate @ 7% Growth 17.676 27.777 3.103 Prior Year Digest (000,000's)$ 4,787 $ 883 $ 3,787 Current Year Digest (000,000's)$ 4,717 $ 870 $ 3,728 Gross Tax Cap Calculated 17.939 28.192 3.152 Net Millage Rate 9.786 5.225 2.136 Capital Outlay 0.780 0.000 0.000 Sales Tax Credit 6.217 5.643 0.000 Gross Millage Rate 16.783 10.868 2.136 Gross Tax Cap Calculated 17.939 28.192 3.152 Millage Rate Less Than Tax Cap 1.155 17.325 1.016 $ Amount Less Than Tax Cap (000's)$ 5,449 $ 15,072 $ 3,788 % of Tax Cap 93.6%38.5%67.8% a portion of TAD sales tax is included in each rollback rate see worksheet GL to State report NOTES: Tax Cap Formula = (1979 Mill rate * 1.07) * (Prior Year Digest / Current Year Digest) Sales Tax Credit is Prior Year Sales Tax Collections / Current Year Digest Sales tax amount used in formula is taken from reconciliation sheet GL to State Report ALL rates are currently filled in as rollback rates Net mill rate for General Fund is Rollback rate which is .008 lower than 2016 rate Net mill rate for Urban is Rollback rate which is .009 higher than 2016 rate Net mill rate for Fire is Rollback rate which is .003 lower than 2016 rate Mill rate for Capital Outlay is Rollback rate which is .001 lower than 2016 rate Prior year digest taken from current year rollback sheets and may not match those from previous year tax cap calculation due to adjustments Action Requested Today •Motion to approve proposed rollback mill rates for each taxing district, advertise the required 5 year history of the digest and to schedule the date of the meeting for August 15 at 2 PM to adopt the proposed rates 14 Subsequent Events After adoption of rates Tax Commissioner and Tax Assessor meet with Department of Revenue to submit digest for approval. September 15 or before Tax Commissioner mails bills Current target date suggested August 12 15 Commission Meeting Agenda 8/15/2017 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