HomeMy WebLinkAbout2017-12-05 Meetig AgendaCommission Meeting Agenda
Commission Chamber
12/5/2017
2:00 PM
INVOCATION:Reverend Vivian T. Hambrick, Pastor, Live River Baptist Church.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA.
RECOGNITION(S)
Augusta Information Technology Award
A. Congratulations! Augusta Information Technology Department on
receiving the 2017 MCCi Innovation Award.
Attachments
Five (5) minute time limit per delegation
DELEGATIONS
B.Seve Adigun regarding a proposal to establish a metered parking district
with enforcement in the historic downtown Augusta.
Attachments
C.Dr. Beverly G. Johnson regarding objection to Alcohol License at 2318
Walden Drive.
Attachments
CONSENT AGENDA
(Items 1-24)
PLANNING
1. ZA-R-249- A request for concurrence with the Augusta Planning
Commission to approve a petition to amend to the Comprehensive
Zoning Ordinance for Augusta Georgia by adding to Section 3-A
(Outdoor/Street Lighting) the following: 3-A-2 Applicability 1. All
new development/site plans must include information regarding installed
street lights and other outdoor lighting. All street lighting must comply
Attachments
with the latest edition of Augusta’s Street and Road Design Technical
Manual and be installed concurrently with other public utilities.
(Approved by Augusta Commission November 21, 2017-second
reading)
PUBLIC SERVICES
2.Motion to approve motion to renew the Sec. 5311 Rural Transit grant
application between the Georgia Department of Transportation (GDOT)
and Augusta, Georgia for July 1, 2018 to June 30, 2019. (Approved by
Public Services Committee November 28, 2017)
Attachments
3.Motion to deny New Location: A.N.17-39: request by Hyung Goo Kim
for a retail package Beer & Wine License to be used in connection with
Walden Mart located at 2318 Walden Drive. District 2. Super District 9.
(Approved by Public Services Committee November 28, 2017)
Attachments
4.Motion to deny New Location: A:N:17-40: request by Hyung Goo Kim
for a retail package Liquor License to be used in connection with
Walden Liquor Store located at 2318 Walden Drive. District 2. Super
District 9. (Approved by Public Services Committee November 28,
2017)
Attachments
5.Motion to approve New Ownership Application: A.N. 17-41: request
by Jong Won Lee for a retail package Liquor, Beer & WineLicense to
be used in connection with JC Package Store located at 2501 Peach
Orchard Road. District 2. Super District 9. (Approved by Public
Services Committee November 28, 2017)
Attachments
6.Motion to approve bid award to Sommers Construction, LLC in the
amount of $514,925.00 for Augusta Regional Airport Terminal
Restroom Renovations Project as approved by the Augusta Aviation
Commission on 11/27/17. (Approved by Public Services Committee
November 28, 2017)
Attachments
7.Motion to approve the FY 2018 Amendment to the Cooperative
Agreement with the CSRA Regional Commission for Senior Nutrition
Services for Augusta, GA. (Approved by Public Services Committee
Attachments
November 28, 2017)
8.Motion to adopt a Resolution to provide matching funds in the amount
of $150,000.00 to monetarily support the Augusta Regional Airport in
their application for the Federal Small Community Air Services
Development Grant. (Approved by Public Services Committee
November 28, 2017)
Attachments
ADMINISTRATIVE SERVICES
9.Motion to approve 2017 Christmas Eve and Christmas Day Holiday
Schedule. (Approved by Administrative Services Committee
November 28, 2017)
Attachments
10.Motion to approve a 1-year extension of the existing fleet maintenance
contract with First Vehicle Services. (Approved by Administrative
Services Committee November 28, 2017)
Attachments
PUBLIC SAFETY
11.Motion to approve the allocation of funding for the Richmond County
Sheriff's Office (RCSO) in the amount of $100,000.00 to implement the
Department of Homeland (DHS) State Homeland Security Grant
Program. (Approved by Public Safety Committee November 28,
2017)
Attachments
12.Motion to approve the agreement and acceptance of grant funds in the
amount of $2250.00 from Pet Smart Charities and to approve Animal
Services to secure future grants quarterly for the next two years with the
approval of the Administrator and authorize the Mayor to execute the
required documents. (Approved by Public Safety Committee
November 28, 2017)
Attachments
13.Motion to approve acceptance of the award from The Georgia
Emergency Management Agency (GEMA) to the RCSO through the
State Homeland Security Initiative of $44,000.00 to purchase a K-9
transport vehicle. (Approved by Public Safety Committee November
28, 2017)
Attachments
14.Motion to approve a request from the Richmond County Sheriff's
Office to purchase uniforms for the deputies at the Charles B. Webster
Detention Center from Uniforms by John at a cost of $84,039.60. (Bid
Item 17-234) (Approved by Public Safety Committee November 28,
2017)
Attachments
15.Motion to approve digital orthophotography and maintenance agreement
with Pictometry International to provide new 2017-2018 oblique imagery
and related software and product support to Augusta. (Approved by
Public Safety Committee November 28, 2017)
Attachments
16.Motion to provide lump sum cancer insurance for firefighters as
mandated by HB 146 to be effective January 1, 2018; to approve the
funding for the lump sum cancer insurance in the amount of $41,454;
and to authorize the Mayor to sign the Georgia Interlocal Risk
Management Agency Participation Election Form, Resolution, and
Agreement to provide lump sum cancer insurance. (Approved by Public
Safety Committee November 28, 2017)
Attachments
ENGINEERING SERVICES
17.Motion to approve award of Construction Contract to E. R. Snell
Contractor subject to Value Engineering and not to exceed in the amount
of $3,327,317.03 for Transportation Investment Act (TIA) Project,
Druid Park Improvements Project - Phase II as requested by AED.
Award is contingent upon receipt of signed contracts and proper bonds
(ITB 17-244). (Approved by Engineering Services Committee
November 28, 2017)
Attachments
18.Motion to approve award of Construction Contract to Blair
Construction, Inc. in the amount of $5,300,648.93 for East Augusta
Roadway and Drainage Project – Marion Home Phase, subject to receipt
of signed contracts and proper bonds as requested by AED.(Approved
by Engineering Services Committee November 28, 2017)
Attachments
19.Motion to approve award of Bid #17-238 for exterior painting for 1840
Wylds Road for Augusta Utilities C & M Department. (Approved by
Attachments
Engineering Services Committee November 28, 2017)
20.Motion to approve award of Construction Contract to E. R. Snell
Contactor, Inc. in the amount of $2,972,337.64 for Wheeler Rd. at
Aumond Rd and Milledgeville at North Leg Rd roundabouts Projects,
subject to receipt of signed contracts and proper bonds as requested by
AED (ITB #17-251). (Approved by Engineering Services Committee
November 28, 2017)
Attachments
21.Motion to approve entering into an agreement with Central of Georgia
Railroad Company stating that Augusta, GA will pay for the Road
Improvements (crossing and signal improvements) on the Marvin Griffin
Road Improvements Project in accordance with the estimate totaling
$679,635.00. Also, approve the Agreement to be executed by the
Augusta, GA Legal Counsel and the Mayor as requested by Augusta
Engineering Department. (Approved by Engineering Services
Committee November 28, 2017)
Attachments
22.Motion to approve funding for Design Consultant Services
Supplemental Agreement Four to Wolverton & Associates, Inc. in the
amount of $72,000.00 for Transportation Investment Act (TIA) Project,
North Leg Road Improvements Project - Phase II as requested by the
AED. (Approved by Engineering Services Committee November 28,
2017)
Attachments
23.Motion to authorize Traffic Engineering to submit revised County Radar
Permit to the Georgia Department of Transportation for
approval. (Approved by Engineering Services Committee November
28, 2017)
Attachments
PETITIONS AND COMMUNICATIONS
24.Motion to approve the minutes of the regular meeting of the Augusta
Commission held November 21, 2017, and Special Called
meetings held November 21, 2017 and November 28, 2017.
Attachments
****END CONSENT AGENDA****
AUGUSTA COMMISSION
12/5/2017
AUGUSTA COMMISSION
REGULAR AGENDA
12/5/2017
(Items 25-32)
PUBLIC SERVICES
25.Motion to approve or reject the offer that the Coliseum Authority sent
to the Augusta Commission from Cardinal Management to build the new
civic center at the old Regency Mall property. (Requested by
Commissioner Sammie Sias)
Attachments
ADMINISTRATIVE SERVICES
26.Motion to approve the following individuals to serve on the ad-hoc
Monitoring/Oversight Committee for the Commercial and Retail
Project established with the Augusta Economic Development Authority.
This oversight and monitoring shall include employee hiring, firing,
compensation, strategic direction, and evaluation. This committee shall
serve as the Commission's ability to directly input the needs of the
Augusta constituency. Monitoring/oversight described herein is reserved
for the Project only and is not intended to be interpreted as applying to
the Development Authority normal operations. Effective day
of appointment is January 1,2018. The term of each member shall be
three years unless reappointed, extended or removed.
Mayor Pro Tem Mary Davis
Commissioner Ben Hasan
Commissioner Sammie Sias
The Mayor shall serve an ex-officio member of this ad-hoc committee.
(Requested by Commissioner Sammie Sias)
Attachments
27.Update from the Fleet Services Subcommittee. (Requested by
Commissioner Marion Williams)
Attachments
28.Motion to approve the Personnel, Policy & Procedure Manual (PPPM).
(Requested by Commissioner Marion Williams)
Attachments
Upcoming Meetings
www.augustaga.gov
29.Motion to adopt Resolution of Appreciation. (Requested by
Commissioners Sammie Sias and Ben Hasan)
Attachments
30.Update/status report from the General Counsel regarding pay
differentials between staff attorneys assigned to certain city departments
and related documents requested by the commission. (Requested by
Commissioner Marion Williams)
Attachments
FINANCE
31.Motion to approve Annual Leave Buy Back in the Amount of 24 Hours
to be paid on the January 5, 2018 pay check.
Attachments
LEGAL MEETING
A. Pending and Potential Litigation.
B. Real Estate.
C. Personnel.
32.Motion to approve execution by the Mayor of the affidavit of
compliance with Georgia's Open Meeting Act.
Commission Meeting Agenda
12/5/2017 2:00 PM
Invocation
Department:
Department:
Caption:Reverend Vivian T. Hambrick, Pastor, Live River Baptist Church.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Commission Meeting Agenda
12/5/2017 2:00 PM
Augusta Information Technology Award
Department:
Department:
Caption: Congratulations! Augusta Information Technology
Department on receiving the 2017 MCCi Innovation Award.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Commission Meeting Agenda
12/5/2017 2:00 PM
Seve Adigun
Department:
Department:
Caption:Seve Adigun regarding a proposal to establish a metered parking
district with enforcement in the historic downtown Augusta.
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 ruesdays of each month - 2:00 p.m.
Committee meetings: Second and last Tuesdays of each month - l:00 [.m.
commission/commiffee: (Please check one and insert meeting date)
/
contact Information for Individual/Presenter Making the Request:
Commission
Public Safety Committee
Public Services Committee
Administrative Services Committee
Engineering Services Committee
Finance Committee
li ,JName:UC
Address:
Telephone Number
Fax Number:
E-Mail Address:
'>.r.'c7LC\
(\--)
Date of Me"i"s la I S
I
11
Date of Meeting _
Date of Meeting
Date of Meeting
Date of Meeting
Date of Meeting
t-l)e..
s["::'i::\'':'i':' " 1' I rt:f :t, :] f
o: o*&u"'
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 3090f
Telephone Number: 706-821-1820
Fax Number: 706-821-1838
E-MailAddress: 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. on the Tuesday preceding the Committee meeting of the following week. A five-
minute time limit will be allowed for presentations.
Commission Meeting Agenda
12/5/2017 2:00 PM
Dr. Beverly G. Johnson
Department:
Department:
Caption:Dr. Beverly G. Johnson regarding objection to Alcohol License at
2318 Walden Drive.
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 ruesdays of each month - 2:00 p.m.
committee meetings: Seeond and last Tuesdays of each month - 1:00 p.m.
Commission/commiffee: (Please check one and insert meeting date)
./lt Commission Date of Meeting
Date of Meeting
Date of Meeting
Date of Meeting
Date of Meeting
Date of Meeting
/J- 5--/7Public Safety Committee
Public Services Committee
Administrative Services Committee
Engineering Services Committee
Finance Committee
Telephone Number:
Fax Number:
E-Mail Address: '
Caption/Topic of Discussion to be placed on the Agenda:
contact Information for IndividuauPresenter Making the Request:
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 3090f
Telephone Number: 706-821-1820
Fax Number: 706-82f-1838
E-MaiIAddress: nmorawski@augustaga.gov
Requests may be faxed, e-mailed or delivered in person and must be received in the Clerk'sOffice no later than 9:00 a.m. on the Thursday preceding the Commission or Committee
meeting of the following week. A five-minute time timit will be allowed for presentations.
Commission Meeting Agenda
12/5/2017 2:00 PM
ZA-R-249
Department:Planning and Development
Department:Planning and Development
Caption: ZA-R-249- A request for concurrence with the Augusta Planning
Commission to approve a petition to amend to the
Comprehensive Zoning Ordinance for Augusta Georgia by adding
to Section 3-A (Outdoor/Street Lighting) the following: 3-A-2
Applicability 1. All new development/site plans must include
information regarding installed street lights and other outdoor
lighting. All street lighting must comply with the latest edition
of Augusta’s Street and Road Design Technical Manual and be
installed concurrently with other public utilities. (Approved by
Augusta Commission November 21, 2017-second reading)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Commission Meeting Agenda
12/5/2017 2:00 PM
5311 Rural Grant
Department:Augusta Public Transit
Department:Augusta Public Transit
Caption:Motion to approve motion to renew the Sec. 5311 Rural Transit
grant application between the Georgia Department of
Transportation (GDOT) and Augusta, Georgia for July 1, 2018 to
June 30, 2019. (Approved by Public Services Committee
November 28, 2017)
Background:The Augusta-Richmond County Commission annually approves
Augusta Public Transit’s Sec. 5311 Rural Transit grant application
for providing rural transportation service to the citizens of
Augusta-Richmond County.
Analysis:The renewal of this contract will allow Augusta Public Transit to
continue providing Rural transportation service to the citizens of
Rural Augusta-Richmond County.
Financial Impact:The Augusta-Richmond County share of the budget for the grant
period beginning July 1, 2018 to June 30, 2019 is $141,976. There
are no capital projects in this grant cycle. The allocated funding
breakdown is: Operations 50/50 Split Federal $141,975 Local
$141,976 State $ 0.00 Total $283,951
Alternatives:Deny request.
Recommendation:Approve the submission of the grant.
Funds are Available
in the Following
Accounts:
Rural Transit Budget for 7/1/18 and 6/30/19. In 2018 budget
546091120 and 547091120
REVIEWED AND APPROVED BY:Cover Memo
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
PART D:
AUTHORIZING RESOLUTION
RESOTUNON AUTHORIZING THE FIIING OFAN APPLICATION wlTH THE GEORGIA DEPARTMENTOF
TRANSPORTATION AND THE UNITED STATES DEPARTMENT OF TRANSPORTATION FOR A GRANT FOR
PUBUCTRANSPORTATION ASSISTANCE UNDER SECNON 5311OFTHE FEDEMTTRANSIT IAWS UNDER
CHAPTER 53 OF TITI"E 49 U.S.C.
WHEREAS, the FederalTransit Administration and the Georgia Department of Transportation are
authorized to make grants to non-urbanized (rural) areas for mass transportation projects; and
WHEREAS, the contract for financial assistance will impose certain obligations upon Applicant, including
the provision of the local share of project costs; and
WHEREAS, it is required by the United States Department of Transportation and the Georgia
Department of Transportation in accordance with the provisions of Title Vt of the Civil Rights Act of
1964, that in connection with the filing of an application for assistance under the Federal Transit Act, the
applicant gives an assurance that it will comply with Title Vl of the Civil Rights Act of 1964 and under the
United States Department of Transportation requirements thereunder; and
NOW THEREFORE, BE lT RESOTVED BY (Augusta-Richmond Cruntv (Augusta. Georsia -A political
subdivision of the State of Georeia. AKA Richmond C,ounill. hereinafter referred to as the 'Applicant",
1. That the (Mavor, Hardie Davis. Jr.) hereinafter referred to as the "Official is authorized to execute
and file an application on the behalf of the Applicant, a City/County government, with the Georgia
Department of Transportation to aid in the financing of public transportation assistance pursuant to
Section 5311 of the Federal Transit Act.
That the Official is authorized to execute and file such application and assurances or any other
document required by the U.S. Department of Transportation and the Georgia Department of
Transportation effectuating the purpose of Title V! of the Civit Rights Act of 1964.
That the Official is authorized to execute and file all other standard assurances or any other
document required by the Georgia Department of Transportation or the U.S. Department of
Transportation in connection with the application for public transportation assistance.
That the Official is authorized to furnish such additional information as the U.S. Department of
Transportation or the Georgia Department of Transportation may require in connection with the
application of the project.
That the Official is authorized to execute grant contract agreements on behalf of the Applicant with
the Georgia Department of Transportation.
That the applicant while making application to or receiving grants from the Federal Transit
Administration will comply with FTA Circular 9040.1G, FTA Certifications and Assurances for Federal
Assistance 2019 as listed in this grant application and General Operating Guidelines as illustrated in
the Georoio Stote Monaoement Plon ond Administrative Guide for Rurol Public Tronsportation
Prooroms.
4.
5.
6
7 . That the applicant has or will have available in the General Fund the required non-federal funds to
meet local share requirements for this grant application.
APPROVED AND ADOPTED this day ot .2017.
Authorized Official
Hardie Davis, Jr., Mavor
Type Name and Title
Signed, sealed and delivered this day of 2OL7 in the presence of
Witness
Notary PublidNotary Seal
CERT!F!CATE
The undersigned duly qualified and acting (Clerk of Commission) of (Augusta, Georgia -A political subdivision of the
State of Georgia. Al(A Richmond Countvl (Title of Certifying/Attesting Officiol) (Applicont's Legol Nome)certifies that
the foregoing is a true and correct copy of a resolution adopted at a legally convened meeting held on
2017.
Name of Certifying/Attesting Officer County Seal
Title of Certifying/Attesting Officer
Tor Nancy He 11/17/l7sh
AUGUSTA, GEORGIA
New Grant ProposaUApplication
Before r DeptrtmeourgeDcy mly rpply for the grsnurwrrd on behrlf of Augurtr Richmond County, they mutt flrst obtrin approvrl
slgnature from the Admlnistrrtor rnd the Flngnce Director. Thc Admlnistritor wlll obtrin hformrtion on the grent progrrm rnd
rrquiremcnts from the tunding agency end revlew these for feertbtlity to delermine lf this grrnUewerd wlU beneflt Augu$tt
Rlchmond County. Tbe Flnrlce Dlrector will revlew the funding requirement to determine if the grent will lit within our budget
structure and finrncial gorls.
Proposrl Project No. ProJect Titlc
PROMI3T TRANSIT FYI8 53I I RURAL CRANT
Rural Transit 53 ! I rural Transit Rant application bctween the Georgia
Depanment of Transponadon (GDOT) and Augusta. Georyia
Matching Funding required: Yes.
50% on Operating Expense
Source of Match: GF ftom Transit Budget 2018
EEO Required (YN): No
EEO Dcpt Notified: No
Stert Drte: O"ttlllz0lE End Date: 06/30/2019
submlt Drte: ll/01/2017 Depertment: 091
Totd Budgeted Amount: 283,951.00 Totel Funding Agency:
Sponsor: GM0006
Sponsor Type: PT
PurPde: 20
GDOT
Pass thru Federal
Public Transit
Transit Crsh Mrtch? Y
14t.975.00 Totrl Crsh Mrtch: 141.976.00
flow Thru ID: GM0006 CDOT
Phone
Contects
Name'l !'pe
I GMl6t5 Donery, Sharon (706)821-1818
Type Bt'
FA P STEPIIENS
Approvals
Deie
tU0'il2017 Dept.
Crant
l.) I hav; reviewed thc Crant application and cnclosed matcrials and:
r{nathe grant/award to be feasible to the needs of Augusta Richmond County
0 Deny the request
l, O . n "t'r'0,cr-a."
Finance Direclor
2.1 lblie reviewed the Crant application and enclosed matenals and:
y'^W*nrthe Department Agency to nlove forward with rhe application
form wlll also be provide the externat ruditors nith infirrmation on ell graDts for compliance and
certificatlon as required b1'the Statc end l'ederrl Govcrnment.
//- la -/7
Date
6GCEIVgP
ADMINISIFAToR,A
OFFICE
Nov I 4 ?017
4ucusrr9F
o {eny the request
SDI1404 - SIIARON DOTTERY Prst
CMl000 PROPOSAL - CMl000: Crants Management:I2
Urrr:
Rcporll
Currenl Drle:
Currcnl Time:
t vo7 t20t7
I 3: I 7:28
Commission Meeting Agenda
12/5/2017 2:00 PM
Alcohol Application
Department:Planning & Development
Department:Planning & Development
Caption:Motion to deny New Location: A.N.17-39: request by Hyung Goo
Kim for a retail package Beer & Wine License to be used in
connection with Walden Mart located at 2318 Walden Drive.
District 2. Super District 9. (Approved by Public Services
Committee November 28, 2017)
Background:This is a New Location.
Analysis:The applicant meets the zoning and distance requirements, but the
Planning & Development have some concerns with the location.
Financial Impact:The applicant will pay a fee of $665.00 if approved.
Alternatives:
Recommendation:Staff reserves its recommendation pending further discussion and/or
dissemination of additional information during the Public Services
Committee meeting. (The Sheriff’s Office has denied the
application based on the location)
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Law
Administrator
Clerk of Commission
Cover Memo
Commission Meeting Agenda
12/5/2017 2:00 PM
Alcohol Application
Department:Planning & Development
Department:Planning & Development
Caption:Motion to deny New Location: A:N:17-40: request by Hyung Goo
Kim for a retail package Liquor License to be used in connection
with Walden Liquor Store located at 2318 Walden Drive. District
2. Super District 9. (Approved by Public Services Committee
November 28, 2017)
Background:This is a New Location.
Analysis:The applicant meets the zoning and distance requirements, but the
Planning & Development have some concerns with the location.
Financial Impact:The applicant will pay a fee of $1,665.00 it approved.
Alternatives:
Recommendation:Staff reserves its recommendation pending further discussion and/or
dissemination of additional information during the Public Services
Committee meeting. (The Sheriff’s Office has denied the
application based on the location)
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Law
Administrator
Clerk of Commission
Cover Memo
Commission Meeting Agenda
12/5/2017 2:00 PM
Alcohol Application
Department:Planning & Development
Department:Planning & Development
Caption:Motion to approve New Ownership Application: A.N. 17-41:
request by Jong Won Lee for a retail package Liquor, Beer &
WineLicense to be used in connection with JC Package Store
located at 2501 Peach Orchard Road. District 2. Super District 9.
(Approved by Public Services Committee November 28, 2017)
Background:This is a New Ownership Application. Formerly in the name of
Yong Henson.
Analysis:The applicant meets the requirements of the City of Augusta's
Alcohol Ordinance.
Financial Impact:The applicant will pay a fee of $4,660.00.
Alternatives:
Recommendation:Staff reserves its recommendation pending further discussion
and/or dissemination of additional information during the Public
Services Committee meeting. (The Sheriff’s Office approved the
application subject to additional information not contradicting
applicant’s statements.)
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Law
Administrator
Cover Memo
Clerk of Commission
Cover Memo
Commission Meeting Agenda
12/5/2017 2:00 PM
Augusta Regional Airport Terminal Restroom Renovations
Department:Clerk of Commission
Department:Clerk of Commission
Caption:Motion to approve bid award to Sommers Construction, LLC in
the amount of $514,925.00 for Augusta Regional Airport
Terminal Restroom Renovations Project as approved by the
Augusta Aviation Commission on 11/27/17. (Approved by
Public Services Committee November 28, 2017)
Background:See attachment.
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
ff+,qnlta#,e./ 6 R*g-tanal Airyrort,
lllBl ilh;r2r6 ' l7ll8l iiFtSil fril lSttl .rrfuriur lli$. - .t{g[lr. r:,ery; 11r.{xi ' m-ln1ar*UlL'ylnuLli4rq1lnal
O+E November3Q20l7
SIAFI RFSOURCE: Adrlenne AyeR, Director of Engineerlng
PRoJECrrlTlr: AUGusrAREGtoNAtAIRFoRTTER,vIINALREsrRooMBENovATtoNs
ACTION RCQUESIED:
BACf,9RoUllDr
AGS staff requests the Avlatlon Commisslons acceptance of the
recommendation of the contract award for the Airport Termlnal Restroom
Renovations Proiect.
Ttre Alrport received four (a) crmplhnt bids in response to the Airporfs
sollcitatbn br Autusta f,egionalAirport Bestroom Renovations, the lowest bid
was submltted by somnren construction. LLc. at Ss14,g2s,0o. Augusta Regional
Airport recommends that srommers constructloL LLC be seleaed for bid and
contragt award.
ANAIYSIS:
The Terminal Restroom Renovatlon project was re-advertlsed fur the third time
due to the last process being cancelbd for non-compliance of allthe bldders
who submitted packages, withln this hst pnocess, e[ht (s] potentlal bldders
attended the mandatory pre.btd conferenre and site visit and five (5) bidders
submltted packages on the specified close date.
Of the five packages submitted, only fuur were deemed comphint and
responsive. sommers construction LLC was the lowest financial bidder at
Ss14,925.m.
RECOMME}IDATIOT{:
The Augusta Aviation commission accept the recommendation to award
sommers construction tLc bid and contract to reno\rate the Augusta Regional
Airport Terminal restrooms at SS14,92S.0O.
O06) 7sE sao . r.x' 6oey EiIEiilEiIEGi
November ZO,ZOLT
GeriSams
Proru-rement Departmrnt
530 Greene Street
Room 605
Autusta, GA 30901
Be: httciof R?Fomnrandatlon'sommers Gonstruction, trc- Alrport Bsstrcom f,cmvatlom
Ms. Sams,
The Airport received four {4} complhnt bHs in rEsponsE to the Airport,s solicitation forAugustaRegionalAirport ResttDom Renovations, the lowest bid wis submltted by sommers constructlbn, [Lc. ats514'925'00' Augusta RegionalAlrport ,ecommeno, that sommers ion*ruaion, [[c be selected fior bldandcontnct award. tf you have aodltlonat questions, pteaee contacl me at aoao or email@hiudon@auqostaea.eov,
Sincerely,
firta,,t / y*t,
Herbeft [. Judon, Jr., A.A.t., lAp
Alrport Executlve Director
['l*TtcE OF AWARD
TO;
PROJECT: RESTROOM REI,IOVATiONS AUGUSTA, GEORGIA - AUGUSTA REGIONAL
AIRPORT
The Owner has considered the bid submitted by )lou for the above described Work in response to lts
Advertlsement for Bids and lnformalion for Bidders.
You are hereby notified that lour bld has been accepted for items ln the amount of $ 514,924.00.
You are required by the solicitation to exectrte the Agreement and fumish the required Conlractor's
Performance and Payrnent Bonds within fifteen (15) calendar days from the date of thls Notie to )ou.
lf you fail to execule said Agreemenl and to fumlsh sald bonds wlthin fifteen (15) dap hom the date of
this Notice, said Owner wlll be entiUed to consider all rlghls arising out of the Ownefs acceptance of your
bld as abandoned and as a forfeiture of lour Bld Bord. The Owner will be entltled to such ofirer r[hts as
may be granted by law.
You are requlred to retum an acknowledged copy of this NOTICE OF AWARD to the OWNER,
Dated this _ day af .2A17 .
AUGUSTA REGIOML AIRPORT
BY:
TITLE:
* ACCEPTANCE OF NOTICE "*
Receipt of the above NOTIGE OF AWARD ls hereby
acknowledged by
this the-- day of _, 20
TITLE:
BY:
FERFORt{tAt{cE BOI{D
(NOTE: It-lI9.!_OryP ls lssuED SIMULTANEOUSLY WtrH pAyMENr BOND, lN FAVOR OF THEOWNER CONDITIONED FORTHE PAYTUENT OF TEEOR AND MATERIiTI.I
KNOW ALL MEN BY THESE PRESENTS:
That Patrick Sommers as Prirrcipal, hereinafler called CONTMCToR, and Sommers construcilon LLC, acorPoration orgqnl4ed and existing under the laws sf the Staie of Gesrgia, with tts principal offlce ln the cttyof Grovetown. state { 9-qopp T.pu1gty, hereinafler carrio suneiy, are neri ind nrmty uound untoAUGUSTA/ GEORGIA BY AND Tl.lRoUGH THE AUcUSTA-RIcHMoND coUNry CoMMtSStoN as
9Hi99", !erei1{9r qlled lhe owllen,l" in" J.nli-"i-ornior Iir*urndred-Fourteen-Thousand Nine-Hundred-Trryenty. five Dollars ($ sl4,s24.00) foiure prv*"ni#**rr COiiiinacicjii".i sunerV Ui,ir
IPT:l|].,-tI1I*i:, .e.TgoSors-,.a{minis6ers, srqcessors, ind assisns, joinily and severauy, firmty byrlese presents for the failhful performance of a oertain written agroement.
WHEREAS, Contractor has by sald written agreement dated November il), 2017 entercd into aoontracl with Owner for the conetuc{ion of RESTROOII RENOVATpNa: AU'c-iSTA R-iGtdtiAL!RPO[T: {ugusta, peg.rgia, ln aocordanceyith the drarrings and specificaflons issued by the AugustaReglonal Airport and the Augusta-Richmond County commlsilon, v,nfun-conral-t. uvi!tr,r"nce made apart hereof, and is hereinafter refened to as the ConfaA.
NOW' THEREFORE, the condllion of this obligatlon is such that, if Contractor shall prompily andfalthfully perform said Contr:act, then this obligati,on snlt ue nuriana voH; othennrise it snafl remain in fullforce and efed.
Ths SURETY heleby rralves notice of any aheration or extension of time made by the Owner.
Whenever coNTRAcToR shall be, and declared by owner to be in default under the coniract,
{te_ owner having performed owner's obligations thereundlr, me SUREr? ;rtpr;;;ily remedy thedefaull, or shall promptly
(1)
(2)
complete the contact ln accordanoe wtth its lerms and conditions, or
Obtain a bid or bids for completing the Contract in accordane with ih terms and conditions,and upon determination by Surety of the lorltrest responsible bklder, or, if the Orvner elects,upon determination by the Owner and lhe Surety jointly of the lowest responsible Bldder,anangc for a contract between such Biddar and Owirer, and make avallable as WorkprogrBsses (even though there should be a default or a Guooession of defauhs under theconhact or contrac'ts of completion ananged under thls paragr:aph) sufficient runas m #Vthe cost of completion less the balance of the contracr d,rfce;-U* na exceeding, induding
.o]F."o...t .|nd damagesfor which the Surety may be tlabie hereunder, the imour*seilonh in lh€ flrst paragraph hereof. The lerm 'balance of the contracl price,.'as used in thisparagraph, shall mean the total amount payable by Owner to Contractor under the Gonbac{and anyamendments thereto, less the amount properly paia ui Owner to Contractor.
. Any sult under this bond must be instituted before lhe expiration of two (2) years from thedate on which final payrnent under the Contract falls due.
No rlght of action shall accrue on this Bond lo or for the use of any person or corporationother than the Owner named herein or the heirs, executors, administrators or sucressors of the owner-
Signed and sealed this _- day of 4.D.2017_
Witness (Seal)
(Conhactor)
By ($eal)
(TiUe)
Witness -(Seal)
By (Seal)
[riUe)
(NOTE:
LABOR ANE tuIATERIAL FAytr{EI{T BOHA
THIS BOND lS ISSUED S|MULTAT.,EOUSLY WITH PERFORMANCE BOND ON pAcE
G-7, IN FAVOR OF THE OWNER CONDITIONED FOR THE PERFORMANCE OF THEwoRK,)
KNOW ALL MEN BY THESE PRESENTS:
That Patrick Sommers as Principal, hereinafter called ^Contractor, and sommers construction LLC, acorporation organized and existing underlhe larr,rs of the State of aei,rgi", wlth its principal om;l; n"ttvof Grovetown, state ot p.9o19i1!:.!qt"ty, hereinafter calted sURtTy. are hetd and firmty bound untoAUGUSTA, GEORGIA BY AND THRoueir THE A,cuaiA-nrcirtroND couNw CoMMtSStoN, asObligee, hereinafter called-the OWNER, for the use and benefrt of claimants as hereln below defined ln theamount of Five-Hundred-Fourteen-Thousand.Nine-Hundred-i*niy-riu" Dofiars ($ s14,g24.00) for thepayment wheresf h"B{qt and surety bind themselves, thiir helrs, executors, administrators,suooessors, and assigns, joinfly and severaily, firmly'by these pn"sent.
WHEREAS, Contractor has by-unitten agreement dated November . 2017 entered intoa contract with ouner for the construc*ion 6t nesrn6ou nexoverrcNs - AU:cUsi; Cd;t6iiALAIRPoRT, ln accordance with drawings and specifications iisuJuy tre eugust n*gionrl Airport andAugusta-Richmond county commisslon, which contraa L bt;.fr,"ne made a part hereof, and ishereinafter refened lo as the Conhact.
NOW, THEREFORE, the conclition of thls obligation is such that, lf the Contractor shallpromptly make payment to all claimants as hereinafter defined, 6-"ri iaoor and materlat used or reasonablyrequired to use in the performance of the Contract, then thls ouiitation shall be void; otherwise ll shallremain in full force and efiect, subject, however, to the followins ;;d[iong
(1) A claimant is defined as ons having a direa contract with the contractor or with asubcontractor of the Conhactor for hb6r, malerial, or both, used or r"asonaury,"quired foruse ln the performance of the Contracl, labor and materlal being constrr"d ". tb lncludehat part 9f.:vatPr' gas, power, llght, heat, oil, gesoline, tetepf,one r"rvio" or rcntial ofequipment direcfly applicable to the Contract.
(2)
(3)
The above named Conlraclor and Surety hereby joinlly and severally agree with the orrnerthat every claimant as het€in deflned, urno nai not ulen paid in tuit [tore tf1g exprarionof. a period of ninety (90) days afler the date on which the lasl of such claimanl,s work orppo.r ua9-aone or performed, or materials were furnished by sueh claimrniriv ir"'o,ihis bond for the use of such.claimanl, prosecute the guit to nilatluOgment for such sum or
Pl_t it may be justly due clalmant, and have executton thereori. tlre Owrer snarr noi #ilaDle tor the payment of any costs or expensGs of any such suit.
No suit or action shail be commerrced hereunder by any craimant,
(a) Unless claimant, other than one having a direc{ contaci with the Contractor, shallhave glven ranittSn notice to lny turo oith" rottowingr-ii'r" cont *tor, the owner,or the surety above named, withrn nirrety (90) dirc artei iucn daimanr did ;;performed the last of the work or labor, oi tilmisnei the last of the materials forwhich said claim.is made, slating wlth substantiat accuracy the amount claimedand lhe name of the mrly to whom the materials were furnilhed, or for wtpm thework or labor naas done or performed. Such notice shallbeierved by mailing thesame by regisrered mair or certified mair, postage pr.paia, i" ;n ;;;;iopeaddressed to the co-ntractor, ourner or sur6ty, ;t ;rt -fraoe ,a*r"re an officeregularly mainhined for the transaction of ousiniss, o, ieirveO in anymannliinwhich legal process may be served in the state ln ,i,H"t in" aforesald pi"l"rt i"located, save that such iervice need not be made uv " pruii" officer.
(b) After" the expiration of one (1) year following the date on which Contractor ceasedururk on said Contract, it Ging undersfood, however, that if any timttationembodied ln this. bond is prohibit* by any law controlling the conshuciion hereolsuch limitation shall be deemed to be amlnded so as to-be equalto lhe minimumperlod of limihtion permitted by such taw
(c) Other than in a state court of competent Jurisdiction in and for the county or otherpoliticalsubdivlsion of the state in Mrich the project, or any parl thereof, iisiluated,or in the United States District Court for the districi in whiin the project, q iny partlhereof, is situated, and not elsevyhere.
(4) The amount of this bond shall be reduced by and to the extent of any payment or payrnents
made in good faith hsreunder, irrclusive of the gayment bySurety of medtranim'tiini urnnnmay be filed of record agalnst said improvement, wnetfrer or not claim for lhe amount ofsuch lien be presented under ard against thls bond.
Slgrred and sealed this day of A.D.20
-(seal)
(Contractor)
(Seal)
fiitle)
Wilness
Attesl By
Wilness
I\IOTICE 1O PftCICEEn
DATE:
SUBJECT: NOTICE TO PROCEED
PROJECT: RESTROOM REHOVATTONS
AUGUSTA REGIONAL AIRPI0RT
Gentlemen:
You are hereby notified to commence work ln accordance with the Agreement, wi$rin Ten (fQ) catdndar
days followlng the data first written above, and you are to complete the work within luorhundred-Ten (210)
consecutive calendar days afler the date of this notice. The date set for completion of all work ls therefore
AUGUSTA REGIOML AIRPORT
BY:
TITLE:
* ACCEPTANCE OF NOTICE **
Receipt of the above NOTTCE TO PROCEED is hereby
acknowledged by--
thls the day of _ 20
TlTLE
Restroom Reirovations Page 6 of 55
CGHTRACT
&UGU$TA, GECRGIA
F8R THE
AUGI.ISTA REGIOHAL AIRF,CRT
Restroom Reoovations Page 7 of 55
This contract for the provision of Restroom Renovations projet (hereinafter designated as lhe"conlract') made and entered into as of this
-
day of November 2017, byand between the AugustaAviatlon commission for the Augusta Reglonal Alrporl (hereinafter designated as ,,Airporf) and sommersconstruction, LLC (hereinafter deslgnated as "contractor'), a Georgia limited llability corporation, whoseaddress is 631-C South Old Belair Road, Grovetown, GA g0E13.
WlThIESSETH:
WHEREAS, the Gity of Augusta (tha City) is the owner and operator of a full servioe commercialairport known as the Augusta RegionarAirporr at Bush Fierd (the Airport);
WHEREA$, the Clty sollclled blds for the provision of Restroom Renovations at the Airport;and
WHEREAS, conlractor provided a bid in compliance with city and all other applicable federalregulalions,
Now, THEREFORE, ln conslderatbn of tho mutual@\renants, promises, and agreements hereincontained, the Arrport and contractor hereby agree as foilorw:
OBJECTIVES OF SERVICES
The objec-tive of conbacting the services described in this Confact is the provision of ReshoomRenovations in accordance wittr ttre plans and specifications,set rortn herern.
The Alrport ls a full-service, non-hub commercial airPort serving molg than sso,ooo passengers annualy(2015&16) w$r d-ally flights to both Atlanta ano iharlott" o-n oerta Air Lines and American Airlinesrespec{tuely' The facllfties are operated twenty-four (z+irrorrsloav,-seven (7) daysAroek and three hundredsixty-five days per year.
The uork involves providing Restroom Renovations in the Airport,s main Terminal.
sEcTloN 1.0anncu-JEffidrwoRx
1'1 The term.work'means the construction, labor, materials, equipmen[ tools, machinery, testing,temporary services and ulililies, supervision, ad;ninistrailo;, -oiol*tlon, ptanning, insuran@, bonds,transportation, security, and all otheriervices and thlngs nece;t; provlde the Airport s,isr the facilitier,lmprovements, features, and functions describeo_tn tn-e specmca{ir"s idenrified in Attachment 1, and theDrawings ldentlfled in ftac.nl3ntz. rne specifrcations ;nd th.-ftns are hereby incorporated into andmade a part of thls contract. The contractoiagrees to complete the work in a good, firm, substantial andworkmanlike maruter in strict conformity wth frls Contract.
1'2 Additionally, the.following specific items shall be considered a part of the Contract Documents byreference when appropriately ex6cuteO.
1.2.1 100% Labor and Materlals payment Bond1.2.2 100% performance Bond1.2.3 The Certificale of lnsuranoe1.2.4 The conrractor's comptered Brd Form dated November 6,20171 .z.s The Contracto/s statiment of quatificaiid; ----' -
1.2.6 All required submlttals
Reshoom Renovations page E ofSS
1'3 The contractor agrees to furnish all of the materlals and all of the equipment and labor necessaryand to perform all of the work entftled Restroom Renovattons Prolect (rhe project) in compllanoe with thespecilications dated september 2o1T and ?q*ingr aJei sepGm bir 21, ioti', piiii.d by Johnson,Laschober & Associales, p.C., 1296 Broad Sme1, AuG;; A g0901, and in accordane wirh therequirements and provisions of these Contract DocumenG.
1'4 unless otherwise modified by a written and properly execuled change order, the Contractor shallfurnish all of the work in accordance wlth the contract'and all incirlenlal rr#i ;"*rLar! to complete thep.'oi::t in an acceptable. manner, ready for use, occupancy, or operation by the nirport. The Conhactorshall be responslble for the entire worlrand every parLthereof.
ARTIqLE 2 TthfE. TERffi AhtD pAyf,,tErilT
2'1 Gontract Time- The Conbactor shall commence the Work under this Contract wi$iin ten (10)calendar {ap {rom the date of receiving the Notioe to Proead, as evideneed by ofiicial receipt of certifred
11i!.or a-ckno+'ledgment of pereonal deilyery, and shall nrlrv corirpLil the work rvlthln ts,o-hundred and ten(10) calenoar dalrs torn rreiving such Notioe to Proceed. fhl Conma Tlme may be extended only byChange Order approved a1d o<ealed by the Aviation Commbsion, the countyi;J$* Contractor lnaccodance wlttr the terms of this Contract.
2'2 c'onbact Price.. As full payment for the faithful performance of this Contracr, lhe County shall paythe Conhac'tor the Contract Pride,-wtrich is an amount not to excee+"f Csra.iI+.iiii',in[r charged byw.ti{91 Change Order in accordance with the terms of this Contract. Anyl;GG;f the Gontract price
thall be by change order..ad.opted and- approved by the n iriion Commission, the County and theContractor in accordance wlth the terms of tnd Confaci
2'3 - Subjec't to satlsfactorY complelion of work performed, paymenls on account thereof shall be madeas set forth in Sec{ion Gp€O Measurement and paymenl:
2'4 Gontractor and county agree lo abide_by all applicable provisions of Georgia state law concerningretainage, including but not limited to O,C.G.A. S1i-1G.80. 'lf the terms of this Conhact concerningretalnage conllict with state law, slate law governs.
2.5 lnvoices. original invoice(s) must be subrnltted as follorrrs:
Adrienne Ayers-Atlen. lAp
Augusta Reglonal Airporl
1501 Aviation Way
Augusta, GA 40906
Ph.: (706) 7s8-s136
FAX: (706) 798-1s5l
Pursuanttoo.c'Gn $1$10'9'l andGeorgiaDeparfinentof l-aborRule30ollui-.oz,theCitycannotentera conlrac.l lor the phpical performance oi services unless the Contraclor and its Subcontractors registerand parlicipate in the Federal work Authorlzation Program to verify speciftc lnioimrlion on an newemplolees.
3'1 Contractor oertilies.that it. has complied and will continue to comply with o,c.G.A. g13,10-91 andGeorgia Departm ent of Labor Ru le 3'OO.t O -1 _ -02.
Restpom Renovations Pqge 9 of 55
3'2 Contractor has execuled an affidavit evirl_eneing itrs compliance with o.c.G.A. s]3-10-gl and GeorgiaDepartmenl of Labor Rule 300-10-1 -.02. The signed afiid'avlt is attached to this Contract as Attiachmenl4.
3'3 C9.fttr.?9tor agrees that in the evenl that it emplop or contracts with any Subcontractor(s) in connectionwith this Contract, Contrac{or wlll secure from each Subcontractoi an aflidavit thit inAicates theemployee'number category applicable to that Subcontractor and certifies lhe SubconGctol,s currentand continuing compliance with O.C.G.A. $13-10-gl and Georgia Department of Labor Rule 300-10-1-.02. Any signgd Subcontractor affidpvi(s) obtalned in conneclion wtitr ttris Contract shall be attachedhereto as Atta-chmeni 6.
AR.TIGLE 4 CORFORATE AUTHOEITY
contraetor has executed a certificate of corporate Authority athched hereto as Attachmenr 5. The officialsof the Conhaclor exeruting this Contracl are duly and froperly in office and arc fulty authortzeo andempow_ered to exeorte the same for and on behali of the Cdinbictor. Contractor has ail requisite power
and authority to enier into and perform ib obligatlons under this Contract. fne exeartion ani Oefivfry Uythe Conhactor of this Contract and the compliance by the Conhactor with alt Jf G prorisions sf-thiicontract (i) is within the purposes, pol,ors, and authority of the Contrac-tor; (ii) tras 6een done in futt
Smptiance.yrtn.applicaHe law and has been approved 6y the goveming bodi if the Contractor and islegal and will not confllct with or mnst'tute on thb'part of ne Coitraaor iviolation of or a Uracn ;i; ;default under any indenture, mortgage, teurity deed, pladge, note, lease, loan, or lnstallment salea_grsemenl, contrac{, or other agreement or insFument to which the Confactor is a party or by whtch theContractor ls otherwise subject or bound, or any license, judgment, decrBe, laW, "td,tute, order, rarit,injunction, demand, rule, or regulalion of any court or govemmental agency or body having jurisdlction over
[n lontr.actgr; and {iii) has been duly authorlzed by all necessary action oir ure part ot the-6ntractor. Thiscontnact ls the valid, legal, binding and enforceaH! oillgation of the contraaoi.
ARTICLE 5 II{DEPENDEHT COI{TRACTOR
Fnlractor is acting, in performance of this Contrac.t, as an independenl contractor. personnel supplled bythe Conkactor or its agenls or subcontractors hereunder are not the City's o1. ttr" nfiiion Commission,semplolees or agents snd Conbactor assumes full responsibility for theliacts. Contractor shall be solelyresponsible for the payrnent of compensation to its employees Lnd subcontractors. The City shall not bere;rynsible for payment of Worke/s Compensation, disabiiity benefib, and unemployment insurance or forwithholdlng and paying employment taxes for any Contrattor emplbyee, its si#ontractors or agentsemployees, but suoh responsibility shall be solely that of Contractor.' tiris clause of tfre Conhacl does notprerrent the Clty or Airport from requlrlng Contrador to have its employees follow normal rules andguidelines for uork performance, rcdirecllng the efforts of the emptolces to ineet the needs of the facililies,performing safety or from requiring Conkactor to perform the requiremenb of this Conhact sagsfactorily,accordlng to the terms set forth herein. No act or direction of the bity or Airport shall be deemed to be theexercise ol supervision or control of the contac.to/s performance hireunder.
6.1 Contractor shall, al its own expenger furnish all necessary equipment, management, supervision, labor,technical support and other accessories and services for-maintenance, and-the performance of otherservices as described in these Contract Documents. Such services shall be performid in strlc-t accordancewith the terms hereln, Specifications and plans.
6.2 All performanoe shall be subject to inspectlon and approval by the Aviation Director or his destgnee asprovided ln said Performance Work Statement. lt the contractor's performancs ls, or becomesunsatisfactory, as determined by the Aviation Dlreclor, an appropriale reduclion in payment due may be
Restoom Renovations Pagc 10 of55
made from Contraclor's invoice and Contrac-tor shall conect any unsatisfac{ory performance. Thecorrection of unsalisfac-lory performance shall be al no additional cost to Airport,
AH.TICLE ? 4^UTHORTUED REPRESETTATIVES
7,t CTTY/AIRPOR.T'S REFRESEHTATME
AIRPORfS REPRESET{TATIVE: shall be Adrienne Ayers-Alten, lAP, Director of Engineering, orher deslgnee.
7.2 CONTRACTOE'S REPRESEh{T*.fiVE(S}
Contractor must designale in writing a person(s) acceptable to Airport to serye as its representative('Contractot'a Representative') in a.ll dealings with Airport Conir:ac{or's Representaiive may be
changed upon priorwritten notice delivered toAirporl's Reprcsentative. Contnactor's representitiveshall be Pahick Sommers.
ARTTCLE 8 PATENT INDETfi.NTTY
lxcept as-otherwlse provided, the Contractor shall indemnfi the Clty and lts Board of Commissloners, theAviatlon Commisslon, and their officers, agents and employees igirinst liability, including cosb andexpenses for infringement upon any lelters or palent of the United Stafes arising oul of ttre performance ofthis Contract or out of lhe use or disposal by or for the acoount of the City of ihe equipment furnished orconsfuction work perbrmed hereunder.
ARTICLE g CHANGES
The Airport may, during the Contract period, make changes b the Scope of Work, wtrictr may result in
changes to the general scope of the Conbact and its provisions. Written agreements, chbnges, or
amendments to thls Contract shall not be binding upon the Airport except through a properly eiecuted
Change order.
ARTICLE 1 O GONTRACTOR's OBLIGATIOHS
The Contractor shall, ln good vrorkmanlike manner, do and perform, allWork and furnish all supplies andmaterials, machinery, equlpment, facllltles, and moans, exoept as herein otherwise expressly'speoified,necessary, or proper to perform and complete all lhe Work required by this Contract, wilhin the time hereinspecified, in accordance with the provisions of tfrls Conlracl and said Specifications and in accordance rafththe Plans and Drawings of the Work covered by Oris Contraci and any and all supplemental drawlngs of theWork covered by thls Conlract, Conlraclor shallfumish, eroct, miintain, and iemove such eqfipment,construction, and such temporary rrrorks as may be required. Conhaclor atone shall be responsible for thesafety, efiiciency, andadequacy of lts equipmen! installations, and methods, and for any damage whichmay result from lheir failure or their improper construcllon, installaiion, maintenance, oioperati-on. TheContrador shall observe, comply with, and be subject to all terms, conditions, requirements and limitationsof the Contract and Specifications, local ordinan@s, and stale and federal taws; and shall do, carry on, and
complete the entire Work.
ARTICLE 11 TE&'IPORARY SUSPENSION OR DELAY OF PERFORMA'{CE OF COhITR/ACT
To the extenl that it does not alter the scope of thjs Contract, lhe Airport may unilaterally order a temporarystopping of the Work, or delaying of the Work to be performed by Contractor under thls Contrract
Restroom Renovations Page 11 of55
ARTICLE rZ RrqHT$ A.trE REMEDTES
The rights and remedies of the City and Airporl provided in this paragraph are not exclusive and are in
addltion to any other rights and remedies provided by law or under this Conhact.
ARTICLE 1 3 N O}I!--DISPRI H lFlATlOF,l
13 Notwithstanding any other provision of this Conbact, durlng lts performance the Contractor, for
itself, its heirs, personal representatives, successors in interest and assigns, as part of the consideralion of
this contact does hereby coyenant and agree that:
13.1 No person on the grounds of age, race, color, religion, sex or nationalorigin shall be excluded from
participatlon ln, denled the benefits of, or otherwise be subjected to discrimination; and
13.2 In the furnishing of sdrulces on materials herein or hergon, no perEon shall, on the grounds of age,
raoe, color, religion, sex or national origin, be excluded from participation in, or denied the benefits of, suctr
activities, or otherwise be subjected to discriminatbn.
ARTICLE 14 DEFECTTVE PRICIHG
To the extent that the pricing provided by Contrac'tor is enorpous and defective, the parties may by
agreement, conect pricing enors to raflac,t the intent of the parties.
ARTICLE 15 REPRESENTATIOHS AND YIIARRANTIES
15. Contractot's Repreeentationa and Warantier Regardlng Capactry to Gontract and Perform
Wort/Servlces. ln order to induce the Airport to enter into this Contract Gontractor hereby represents and
utrananb that as of the date above writlen that:
15.1. Contraclor ls duly organlzed and valldly existing in good standing under the laurc of the
state of Georgla ln whlch it is organized, is qualified to do business in alljurisdictions in
wttlch lt is operatlng, and has the power and authority to execule and dellver and to perform
its obligations under lhis Contract and the documents to whlch it ls slgnatory and
15.2 The exeoJtion, delivery and performance by Contraclor and its undersigned
representatfue(s) of thls Conlract and other documents lo wtrich Contrac{or ls a slgnatory
do not require the approval or consenl of any other person, enlity or govemment agency
and do not result in any breach of any agreement to whlch Gontractor ls a party or by wtrich
it is bound; and
15.3 The execution, delivery and performance by Contractor of this Gonbact and oiher
documents to whlch it is a signatory have been duly authorized by all necessary acllon,
and constilute legal, valid and binding obligations of Contractor, enforceable against
Contractor in accordince with its terms;
15.4 No action, suit or proceeding to which Contractor is a party is pending or threatened that
may restrain or guestion this Gontract, or any other document to wtrich lt ls a slgnatory, or
the enJoyment of rights or benefits contemplated herein; and
15.5 Contractor has not been debarred by any cily, stale or federal agency.
Restroom Reoovatioas Page 12 of 55
ARI]CLE TE AS$fGHNtErul-
16' Wlthout the prior witten consenl of Airport, Conlraclor may not assign, hansfer or convey any of ltsinterests under this Gontract, nor delegate any of its obligations or dutiel under this Conrr:act except asprovided herein.
16-1 Coneent of flmort Requlred. Any assignment of thls Contract or righb under thisContracl, ll wttol_q or part, without the prlor written @nsent of Airport shallie vold, exoeptthat, upon ten (10) calendar days prior written notirx to Airporl, the Contr:ac.lor may assignrnonies due or lo become due under this Conhact. Any assignment of monies will 5esubject to proper setofis in favor of the Airport and to any deorictions provlded tor in thliContoact.
16-2 Ho Rellef of Re*ponsibilltiee. No asslgnment will be approved which would retieveContrac{or of fts responsibilities under this ConfaA.
16.3 Partles Bound. This Contract will be binding upon and inure to the benefit of the Airportand contractor and thelr respectlve successors and assigns.
ARTICLE f 7 NOTICES
'17. Delivery' All notices given by elther party to the other under this Conbact must be in uriting and maybe delivered by; (i) regular mail, postage prepaid; (ii) certlfied or registered mail; (iii) faisimite; or(iv) hand-delivery, to the parttss al the addresses and facsimile numbers set fortir in the Clausetitled 'Addresses'.
17-1 ReceipL Noticss sent by mailwill be deemed to be received upon deposlt in the mail,properly addressed. Notices sent by cerlified or registered mail will be deemed to bereceived upon the date of the acknowledgment. Notices sent by facsimile will be deemedto be recelved upon successful bansmission to the proper dcshile number. Noticesdelivered by handdelivery will be deemed to be recelved upon acceptance by therespective party or its agent.
17.2 Change of Address or Facsimlle Number. Either party may, at anytimq change itsrespective address or facsimile number by sending vnritten'notice io the other farg of thechange.
17.3 Addresses.
To Airport: For all notices to City the address will be:
Execulive Dlrector
Augusta Reglonal Airport
1501 Aviation Way
Augusta, Georgla 30906
With a clpy lo: Augusta General Counsel
Augusta Law Department
535 Telfak Street, Bldg., 3000
Augusta, Georgia 30901 -2296
Ph: (706) 842€Ss0
Fax: (706) 842-5Sb6
To GONTRACTOR: For a[ notices to coNTMCToR the address wiil be:
Sommers Construciion
Re.rtroom Reaovations Page 13 of 55
631-C South Otd Betair Road
Grovetown, GA 30813
ARTICLE T8 qOffPLIATCE WITT{ AFFLICABLE LAqS ANE REGgLATIOHS
Contractor oovenants and agrees that lt, its agents and employees wlll comply with all Georgia, county,state, and federal laues, rules, regulations, Airport Rules and Regulailons and biiy orOinanoes applicable iothe Work to be performed under this Contracl, and that it shall o-ntaln all necessjry permits, pay all lioense
fees gn! taxes to comply therewith. Further, Contractor agreet that it, its agents, ind employees wlll sbldeby allrules, rcgulatlons, and poticies of ihe Airport during the term of this bonbac{, induaing any renewalperlods. All ieferences to ihe City, Airport or Federil codes, provisions, regulations, and rules areincorporated by reference ae if fully sel forth herein.
ART|CLE TS RTqHTT0
The Airport may, at reasonable times, inspect the part of the plant, place of business, or uork slte ofContracitor or any of ita subconhactor or subunit thereof wtrich is pertinent to the periormance of thiscontract.
ARTICLE 20 RoYALTIE$ AIiID EATETTS
The Contraclor shall inde-mniff, hold and save the Augusta Aviation Commisslon, Augusta, GA and itselected and appointed officials, ofii@rs, agents, servants, and emploloes, harmless tr6m liiUnity of anynature or kind, includlng cost and expenses for, or on accounl of, ini patented or unpatenbd inwnloiprocess, article, equipment or appllance manufaclured or used in the performance of the Contr:act, indudingiB use by the clty, unless olhenrvise specifically stipulated in the contract.
*,RT|CLE 21 |NSURAHCE
During the term od ihis Contract, Contraclor shall provide, pay for, and maintaln with companies reasonably
llttsfac{o1Y_to the City and the Aviation Commission, the types of insurance as eet forih in the Augusta'-Richmond County Gode, and Georgia law, as ihe same may be amended from time to time, and asdescribed herein. All insurance shall be issued by insurance companies eligible to do business in the Stateof Georgia and with an lnsurer nated "A' or beiter by AM Best All policies shall include hold harmlessprovislons. ln the event of a conflict between the provisions of the Augusta-Richmond Cornty Code andihis Gonbact, lhe more stringent requirement. shall govern. ln no evbnt sinll Contractor maintaln anyinsurance less than the requirements set forth in $e Augusta-Richmond County Code, as amended_
21.1 All liability policies of Contractor and its subcontractors shall provide coverage thalincludes, or has the same substantive effect as ihe following i
21.2 The Conhactor shall procure and maintiain contlnuously in effect throughout the term of hsactivities.upon the Airport at Contracto/s sole expense, insuranoe otlne types and in atleast such mlnimum amounls as set forth in thls Sesilon.
21-3 The Contractor's insurance policies as required by this Contract shall apply separately tothe City.as if sep_arate policies had been issued to Contractor and City. f6e Cbntr:actofsComprehensive General Liabllity policy shall protecl Augusta, GA, iis officers, elected andappointed officials,.g1g_loVees, agents and the Aviation Commlsslon and its employeesagainst any and all liability created by reason of Contrac-tor's conducl.
2'1.4 The Contracto/a insurance shall nol be subject to cancellation or material afteration untilat leastthirty (30) dap uritten notice has b*n provided b the City's Risk Manager.
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Contractor shall fumlsh to the Risk lr{anager Certfficates of lnsurance evidencing
that all of the herein statred requiremenb have been met. The amount or amounts
of all required policies shall not be deemed a limitation of the Contractor's Contract
to indemnify and hold harmless Augustia, GA, its officers, elected and appointed
officials, employees, agents and the Aviation Commission and its employees;and
ln the event Confac'tor or Augusta, GA shall become liable in an amount in excess
of lhe amount or amounts of such policies, then the Contractor shall save Augusta,
GA, its officers, elected and appointed officials, employees, agents and the
Aviation Commission and its employees harmless from lhe wtrole thereof, excepl
in the event of grcss negligence of Augusta, GA.
21-S The Contractor is required to maintain minimum insurance to protec't the Gontraclor and
Augustia, GA from the normal insunable liabilities that may be incuned by Gonbactor. ln the
event, such insurance as requlred shall lapse, Augusta, GA and the Aviatlon Commlsslon
reserve $e right to obtain such insurance at the Confacto/s sole expense.
21.6 The insurance policies for coverage listed ln thls Secffon shall contain a provision that
written notice of cancellation or any material ctnnge ln policy by the insurer shall be
delivered to the City no less than thirty (30) days prior to cancellation or change.
21.7 Contractor shall carry the followlng types and mlnlmum amounts of insurance covelage
at the Airport:
Worke/s Compensation InEurance - \Mth ernploye/s liability coverage of at least
$1,000,000 each accldent, $1,000,000 each employee and a $1,000,000 disease
polhy llmlt. The foregoing ineurance shall be endorsed to state that that the
workers' compensation carier waives ih right of subrogafon against the Augusta-
Georgia ib officers, agents, elected and appointed officials, representatives,
volunteers, ard employees, and the Aviation Commission and its employees.
Comprehenslve General Liability lnsurance - ln the amounl of Five Mllllon
($5,000,000) against claims for bodily injury, death or property damage occuning
on, in about the Conhacbr's premises and the Airport, in an amount recommended
by the Risk Manager and acceptable to the City. Said coverage shall include
products and completed operations. The foregolng insurance shall be endorsed to
shte that it will be primary to the City and the Avlation Commission'E lnsurance
and that lhe canier nlalves its right of subrogation against Augusta-Gd the
Aviation Gommission, and their offioars, agents, elected and appointed offfdals,
representatives, volunteors, and employees. Augusta, GA the Avlation
Commission, lheir officers, employees, agents, elected and appointed o,frcials
shall be added as additional insureds on sald policies, lncluding produch and
completed operalions. Said polhy shall contain Severability of lnterest Clause and
shall lnclude Conlractual Llability coverage at least as broad as that glven ln the
most cunent CG 00 01 ISO form.
Automobile lnsurance. For any vehlcles authorized in writing by the Executive
Director to operale on ihe Aircrafi Operating Area (AOA) of the Airport Automobile
lnsurance ln the mlnlmum amount of Five Millbn Dollars ($5,000,m0.00)
comblned slngle llmit coverage. lf the Conbaclo/s Comprehensive Creneral
Liability coverage includes vehicular operations on the Airport, scparate
aulomobile insuranoe shall not be required. The foregoing insurance shall be
endorsed to slate that it will be primary to the Augusta GA and lhe Aviation
Commission's insurance and that the carrier waives its right of subrcgation against
Augusta, GA the Avlatbn Commission, and their officers, agents, elected and
appointed officials, representatives, volunteers, and employees. Augusta GA, the
Avialion Commission, and their officers, agents, employees, elected and
(a)
(a)
(b)
(c)
Restroor! R.eflovations Page 15 of 55
appointed oifrcials shall be aodeo as additional insureds on sald pollcies. Saidpoliry shall contain severabillty of lnterest Clause and shail inciuoe contractualliabllity coverage at least as broad as tratliven in the most current CA 0O 01 ISOform.(d) All such evidence of insurance shall be in the form of certifpaies of lnsurance
satlsfaclory to the clty and its Risk lVlanager, accompanied by a cerlified true copyof an endorsement lo each policy contaliing the above language, The insurancecoverage and llmits required shall be evldenced by properly executeo certificatesof inqurance. These certificates slrall be signed by the authorized representrativeof the insurance company shown on the certificate. The required poricies ofinsurance shall be in compliance with the laws of the state of Georgia.21'8 lf at any time the Aviation Executive Director reguests a wriflen statement fom theinsurance company as lo any impairments to the aggregate llmit, Conhactor shall prompflyauthorize and have delivored such statement to the Aviation Commission. conlraclorauthorlzes the Aviation Commlsslon andlar the city's Risk Manager to confirm withContractofs insurance agenb, brokers, and insurance companies all inbrmationfurnished.
21'9 The acceptance of dellvery to the City and the Aviation Commission of any certificate ofinsurance evldencing the lnsur:anoe coverage and limlts required under this Contract doesnot conslitute approval or acceptance by the City or the Aviation Conimission that theinsurance requirements in this Conhact have been met. No oporation. *n ttcommence atthe Airport unless and untit the required ccrtificates of insurance are in efiect and approvedbythe Cig.
21'10 The Conhac{or and the city and the Aviation Commission understand and agree that theminimum limits of the insurance herein required may, from time to time, becomeinadequate, and Conhactor agrees that it will increase such minimum limits upon receiptof wriften notice defining the basis of the inctease. The Contnaclor shall furnish the Clty,within ten (10) days of lhe effuctive date thereof, a certificate of insurance evidencing thatsuch insurance is in force.
21'11 lf al any time the Airport Execulive Director requests a ranitten statemenl from the insurancecompanies as to any impalrmenb lo the Aggregale Llmlt, prompl authorization and deliveryof all requesled information will be given to the Aviation commission. Renewal Cerflflcatesof Insurance rnusl be provided to the city and Avialion commission as soon as praclcalbut in every instance prior to expiration of current coverage.
21"12 The amounts and types of insurancs shall conform to the following mlnlmum requirementrswith the use of lnsurance Service ffice policies, forms, and endorsements or broader,where applicable' Notwithstanding the foregoing, the wording of all policies, forms, andendorsements must be reasonably acceptable to the Clty and Aviailon Commission.
21'13 An insurance blnder lelter or a Certificate of lnsurance musl be senl to:
Augusta Regional Airport
1501 Aviation Way
Augusta, Ga.30g01
Aftn: Executive Director
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&RTICLE 22 EEFAULT' At-l E TERI* tt{ATt0ry
Termlnatlgn bv 4,Irogrt. Thls Contract shall be subJect to termination by the Alrport at any time in theopinion of the Airport the Contraclor fails to cany out the Contract provisions of any one or more of
the following eyents:
22.1 The default by Contractor in the performance of any of the lerms, oovenants or condltions of the
Contract, and/or the failure of Consultant to remedy, or undertake to remedy with sufficlent forces
and to the Airport's reasonable satisfaclion. The Airporl shall provide the Contaclor with notice ofany conditions wltich violate or endanger the performance of the Conlract. lf after such notice theContractor fails to remedy such conditions within five (5) dap to the satisfaction of the Airpo4 theAlrport may exerclse its optlon in writing to terminate the Conhact without further notioe to theContraclor and order the Contractor to stop providing seryices immediately and vacate the
premises; and to cancel ordered products witfini erpenie to the Airport
22.2 Contactorfiles a voluntiary petition in bankruptry, including areorganization plan, makes a general
or other assignment for the benefit of credllors, ls adjudicated as bankrupt or lf a receiver is
appointed for the benefit of creditors, is adjudlcated as bankrupt or if a receiver ls appolnted fior the
groperty or afiairs of Contactor and sucfi recelvership is not vacated within thirty (30) days after
the appointment sf such recelver.
22.3 Contractor's failure to provide services according to the specifimtlons contained herein.
22.4 Contractor's failure to keep, perform, or observe any other term or condition of this Contract
22.5 Gontractor's performance of the Contrast is unreasonably delayed.
22'8 The Airport reserves the rlght to terminate this Conbac,t if the services provided under this Conhact
do not meet or exceed exlsting industry standards. The Airport reseryes ihe right to make the final
determinalion as to the quality of servioes-
22.7 Termination for Gonvenlencr
The Airport may terminate this contract in whole or in parl at any time by providing wriften notice tothe Conhactor, Such actlon may be without cause and without prejudice to any other right or
Pm*y of Airpo(, Upon receipt of a written notice of lermination, except as explicltly dheaed by
the Airporl, the Contractor shall immediately proceed wfth the following obligations iegarOless ofany delay in determining or adjusting amounts due under thjs clause:1- Contrac'tor must lmmediately discontinue uork as specifled in the rvrltten notice.2. Terminate all subconhacts to the extent theyrelate to the rrrcrk terminated under the notioe.3. Dlscontinue orderc for malerials and s€Mces except as dirested by the vrdtten notice.4. Dellver to the Airport all fabricated and partially fabricated parb, compteted and partially
completed work, supplies, eguipment and materials acquired prior lo termination of thi
work and as dlrected in the rrvriften notice.5. Complete performance of the work not termlnaled by the notice.6' Take aclion as direcded bythe owner to protecl and preserve property and work rslated tothls contract that Airport will take possession.
Airport agrees to pay Conbactor for:a) completed and accept6ble work executed in accordance with the contract documenis prbr
to the effeclive date of lermination;b) documenled expenses sustained prior to the effective date of termination in performingwork and furnishing labor, materials, or equlpmenl as required by the conbact documents iiconnection with uncompleied work;c) reasonable and substrantiated claims, costs and damages incurred in setilement ofterminated contrac,ts with Subcontractors and Suppliers; andd) reasonable and substanUated expenses to the contractor direclly attributable to Ovyner'stermination action
Airport will not pay Conhactor for loss of anticipated profits or revenue or other eoonomic loss arising out
Restroom Re,lrovations Page 17 of 55
of or resultirg from the Airport's termination action. The rights and rernedles thi$ clause providesare in addition to any other rights and remedles provided U-y law or under this cor*raA.
ARTICLE 23 INDEhfi I'llFIcATtON AH p HOLD HAR,htLE$$
-C.
o$ractol agrees to indemnlfy and hotd harmlesg the Augusta Aviation Commisslon, Augusta, GA andlhelr members, fficers, elected and appointed officials, agients, eervants, emptoyees'and'successors inoffice, as set foror in the Augusta-Richmond Cgunty code, ino partLuhrly'Articte i, ctrapter 3, Dlvislon 1,Section 13-8,5, lndemnity and lnsurance, as the sime may Ue lmenoeo"rrom ume'to tiniu,
"no
described
ferejn' ftom any and all claims including reasonable. attomiys ree. ino ""p"ni"" oiriiiJjion incrjned bythe Augusta GA and the Augusta Aviation Gommission, in conneclion ttrerewitn related iL or arising out ofany damage or injury to proplrty or persons, occurlng or allegedly oocr.rning in, on or about Airport piopertywhlch are in any way related to or arising out'of-any fal-lure'of Confi6or to perform iti oUligahonlhereundor- Conlractor further agrees that thl foregolng contract to indemnify ana frbU trarmtess ap-ptieo toany clalms for damage or- injury to any individuad emptoyeo or retalned ny contractor in connection withany changes, additions, alterations, modificatlons and/or improvements rnrie-to the prumi"u", and herebyr9l9a9eq the Augusta, GA and the Augusta Aviatlon commiision, trom liauitityl; "ofi#i;;wt[, any suctclaims- ln the event of a conflict betdmn the provistons of thi Arg;st;:Ri;-ti#il ffiffi code ana thisGontract, the broader requircment shall govem.
' ARTICLE 24 BONDS
24'1 The Contraclor's payrnent and performance bonds are attached hereto as Attachment 3. Eaehbond shall:
(a)
(b)
(c)
(d)
(e)
Be in a form approved by the Airport;
lncorporate by referenoe the terms of this Conhact For Restroom Renovations proJect
Be execuled. by a company certified by the Secretary of the United States Department of Treasurypursuant to the Act of July 30,1tX7 (61 Stat. 646, as amended; 6 U.S.C. G-13) lnd fiitsd in the mostGunent U,! Tteagury Circular 570 document'surety Companies Acceptable on Federal Bonds,, aspublished in the Federal !3giste1, and having a cunent A.M. gest railng of ,A. (Superior) with aFinancial Size Category of Xll or better.
Be executed by a company licensed and aulhorized to do business in the state of Georgia;Be..aryryoa.nied by a power of attomey certiffing that the percons executing the borid irave theauthority to do so.24.2 The Contractor shall {9liv9r any required bonds and por.c€rs of attorney to the Airport prior to@mmenoement of the Work.24.3 Jtre Uon!1ng company that issues the bonds must be registered with the Surety Association ofAmerlca (SAA).24.4 The bonds shall remain in efiec-t for a period of not less than two (2) ;aears foilowing the date ofdelivery or the time required to resolve any items of incomplete worri ino payment of iny disputedamounls whichever time period is longer, ?r,any statutory period applicable to tfre Airport.24-5 No surety will be accapted who ie now indefauft or Oetinfirieni on iny bonds or who il interested inany litigation against the City.24.6 Each surety shall deslgnate an agent resident in the State of Georgia to whom any requislte noticesmay be delivered and on whom seruices of process may be had in -mattens arisingtut of such suretyprovider.
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25. Contractor's employees may be required to operate in the Airport's secure areas. Contractor shail be requiredto obtain the Airport's Security ldentification Display Area (SIDA) badges for any employee wod<ing in the seiured
area. Contractor shallgomply, at iE own expense, with the Transportaiion Security eufir6rity [ISA) inO the Airport's
security requirements for the Airport's $lDA includlng, but not limited to employee hainlng ind badging. Contnactor
shall cooperate with the TSA and the Airport on all security matters and shill promptly comply witfr any Projec-t
rycurity arangements established by the Airport. Compllance wittr such security requirements shall not relieve
Contractor of its responsibility for maintaining proper security for the above-noted ltenis, nor shall it be construedas limiting in any manner Conlractot's obligation witfr respect to all applicable fuderal, slate and local laws and
regulatlons and its duty to undertake reasonable action tg establish and malntain secure conditions at and around
the Premlses and throughout the Airport. AII emplopes shall be properly badged and compty with all Alrport safety
and securlty rules.
25.1 To qualify for the badge, lMividual must be fingerprinted and have a background invesllgation
completed. ln addition, flre Airport will mnduct a background lnquiry and require finger printlng of
all lndividuals who will be wqrking on the seqlred side of the Airport screening polnt. This may also
include oollec'tion of appropriate criminal history informalion, conhactr.ral and buslness associitions
ard practices, emplolment histories, repuffiion in the business communip and credlt reports furtle
Coniractol as wellas, its employoee.
25.2 C,ontractor c'onsents to such an inquiry and agrees to make available to the Airport such books and
records the Airport deems necessary to conduct the review.
25,3 Conhaclor shall pay all cosE assoclaled with providing SIDA badges.
4RTICLE 2G HAZ*,RDOUS MATERJAIS
Contractor shall not GauEe or permit any Hazardous Malerial to be brought, kept or used ln or aboul fie Airport by
Coniractor, its agents, employees, subconlrac'tors, or lnvitees. Without limiting iheforegoing, if lhe presenceof any
Hazardous Material in the Alrport caused or permltted by Contractor resulb ln any conhhination of lhe Airpori,
Contractor shall promptly trake all actions at its sole expense as are necessary to retum the Airport to the conditions
existing prior to the lntroduciion of such Hazardous Material to ttre Airport; pii:viOeO that Airporfs approval of such
actions, and the conective acUons to be used by Contractor in connection therewith, shall {irsl be obtained. T}reterm 'Hazardous Material" means any hazardous or toxic substance, materlal, or uraste, $fiich is or becomes
regulated by any local govemmental authority or the United States Government The term "Hazardous Maierial"
includes, wihout limihtion, any mabrial or substance which is (i) defined as a "hazardous weste", "exhemely
hazardous waste", or orestricted harardous vvas-te' or sirnilar term under any laws noti/ or hereafier enacted by thi
United States or the State of Georgia or any political subdivision thereof, or 1ii) designated a "hazardous substance'pursuant to the Federal Water Pollution Control Act, 33 U.S,C. S 1317, or (iii) delined as a 'hazardous waste"pursuanl lo the Federal Resource Conservalion and Recoyery Acl, 42 U.S.C.S 6901 et seg., or (iv) defined as a"hazardous substance' pursuant to the Comprehensive Environmental Responie, Compensaiion anfu Llability Acl,42 U.S.C. S 9601 et seq.
ART|GLF 27 pROHtBtTtON OF SEGREGATED FACtLtTtES
The Contraclor agrees lhat lt does nol and will not maintain or provide for its emplo),ees any segregatedfacilities at any ol ils eslablishments, and that it does not and will not permit ils employees to perforntheirservices at any location under its controlwhere segregated facilities are malntained. The Contiactor agreesthat a breach of this clause is a violation of the Equal Opportunity clause in this contract.(a) 'Segregated facilities,' as used in this clause, means any waiting rooms, work areas, rest roomsand raash roomE, restiaurants and other eating areas, time clocks,locker rooms and other slorageor dressing areas, parking lots, drinking fountains, regeation or entertainment area!,transportation, and housing faclllties prbvided for employees, that are segregated by explicii
Restoom Re,novations Page 19 of 55
directive or are in fuct segregated on the basis of race, @lor, religion, sex, or nalional originbecause of wrilten or oral policies or employee custom. The term d6es'not inctuoe *"p"rat" orsingle-user rest rooms or necessarydressingbr sleeping areas provided lo assure privacy Uetweenthe sexes.
(b) The contraclor shall inolude thls clause in every subcontracl and purchase order that is subjectto the Equal Opportunily clause of this contrac.t.
To lhe extent that it does. n-ot alter the scope of this Contrac't, the Airporl may unllaterally order a temporarystopping of the r'rorh or delaying of the rrvork to be performed by Consultanf under thls 'Contracl,
,A,RTICLE 29. SOOpS. FRODUCTS AND trATERIALS
The contracbr shall furnieh goods, products, materials, equlpment and syrtems which:Compty nrith this Conbac-t for;
lonform to applicable regulations, specifications, descriptions, insbuctions, data and samples;Are new and without damage;
S":t quality, strengrth, durability, capacity or app€arance equal to or hlgher than that required bythe Contract Documents;
Are free from defects; and
fue beyond and in addltlon to those reguired by manufacturers' or suppliers' specifications wheresuch additional items are required by tha Contract Documents.All goods' products, materials, equipment and systems named or described in the ContactDocuments, and all oth.eT fumistred as equal theretl shalt, unless specificarty siateo oiiien^,ire, u"fumished, used, lnstalled,.employed and protected in strict compii"no"
",i.tn *re spiciR&tion*,recommendations and instruc-tions sf the manufacturer or supplier, unless suctr sieciRcations,recommendations or instructions deviate from applicable FAA'advisory circulars or'the ContraADocuments, in which case the Contrac'tor shall so inform the City ano shall proceed as directed bythe City' The Contractor shall coordinate all subconbacts to v"riry compatibiltty of goods, products,materials, equipment and systems, and the validity of all warrantiis jno'sua;,i,r*r]i"qrirLJ uv t dContract Doanments.
29.1
29.2
29.3
29.4
29.5
29.6
29.7
29.8
ARTICLE 30 UTARRAI{TIES AND GORREGTION OF IAIORK
30'1 The Contractor shall guarantee allWork to have been accomplished in conformance with lhls Conkact.Neither the final certnc.fle$ paynenl.nor any provision of the Cintact, nor partial or entire occupancy oruse of the Work by the Alrport, shall consiitute an acceptanoe of "ny pirt oi t "-w*k not done inaccordance with the Contrac"l, or relieve the Contractor oi tiaunity for lnctmphte or faulty malerials orworkmanship. The Gontractor shall p-lgmptly ryTedy any omission or defect in the Work ana paitoi anvdamage to other lmprovements or facllliles resulting tio, ir"n orssion or defec,t whiclr shail appear withina period of one year from the date of final acceptince, unless a longer period is elsewhere specified. lnthe event that the contractor should fail to make reo.ai1s, adlustmenG, oi other remedy thai may be madenecBssary by such defe.$s, thg 4itpl+ may do
".o do "r'"idirr" conri""tor the cost rhlreny incuneo. 1ePerformance Bond shall remain in full force and effecl tnro-rgh rhe luanantee period.
30'2 The Contractor warrants to the Airport that materials and equlpment fumished under the contract will!e of-good q-uality and new unless otherwise required ot p"rr-ii"f, by the Conlract, that tne work will befree from defects not inherent in-tre. quality requlred or p"*itt"a, and that the work wilt conform lo therequirements of the contract' Work not conforming to'these regulrements, including substftutions notproperly approved and authorized, is considered defettive The Aiil;rt, in its sole discrition, may exclirdefrom the contractor's wamanty, remedies for damage or aerea *ni,Irr the Airport determines were caused
Re.sfroomRcuovations Page 20 of 55
by abuse, modlfications not executed by the Contactor, improper or insufficlent maintenance, improper
operation, or normal wear and lear and normal usage. lf required by the Airport, lhe Contractor shallfumish
satisfactory evidence as to the kind and quality of malerials and equipment. Allr/rarranties and guarantles
shall extend for the greatest of one year comlnencing on the dates of Substantial Completion of the Project
or such longer peririd of lime as is required by the Contrac-t. The one year period shall be exlended with
respect to portions of the Work first performed.after Substantial Completion for a period of one year after
the actual performance sf the Work. lf any defect or deviation should exist, develop, be discovered or
appear within such one year perlod, the Contractor, at its sole cost and expense and lmmediately upon
demand, shallfully and completely repair, crrrrerl,, and eliminate such defec,t. The foregoing wananties and
guarantees are cumulative of and in addltion to, and not restriclive of or in lleu of, any and all other
u,ananties and guarantees provided for or required by law. No one or more of the wananties conEined
herein shall be deemed to aller or limit any other.
30.3 The obligation of this Seclion shall survive acceptance of the Work and termination of lhe Contract.
All manufacturer wanantbs and guarantees shall be delivered to the City prlor to Substantial Completion
and suchdeliveryshall be a condition precedentto the issuane of the Cerlificate of SubsbntialCompletion.
Before Final Payment the Conkacior shall assign and iransfur to the Clty all guarantees wananties and
agreements from all contractors, Subcontracdors, vendors, Suppliers, or manufacturers regarding lhelr
performance quality of workmanship or quality of materials supplbd in mnnection with the Work. The
Contac'tor represents and nnanants that all such guarantees, urananties and agroements will be freely
assignable to the Clty, and that upon Final Completion of the Work, all suoh guarantees, wananties and
agreements shall be ln place and enforceable by the Clty ln aocordance with their lerms.
ARTTSLE 3t MISCFLL4HEOUS FROVlSlor*S
31.'t JUDICIAL TNTERPRETATION. Should any provislon of thb Contrac{ require judicial interpretatlon, it
is agreed that the court interpretlng or conslrulng the same shall not apply a presumption that the
lerms hereof shall be more shictly consbued against one parly by reason of the rule of construdlon
that a document is to be construed more sbictly against the party who itself or through its agent
prepared same, it being agreed that the agents of all parties have participated in the preparation
hereof and all parties have had an adequale opportunity to consull with legalcounsel.
31.2 GOVERNING LAW; JURISDICTION AND VENUE; ATTORNEYS' FEES. This Contrac't shall be
govemed by, and constsued and enforced in accordance with, the laws of the Strate d Georgia
(without regad to the confli6 or choice of law principles thereof). The partles lrrevocably oonsent
to the jurisdiction of ihe State of Georgia, and agree that the Superior Court of Richmond County,
Georgia, shall be an approprlate and convenient place of yenue lo resolve any dispute wilh respect
to this Contract. ln the evenl either party commences any proceeding against the other party with
respect to thls Contrac{, the parties agree that neither parly shall be enttled to recover attomeyr'
fees excopt as otherwise specifically provided for by law.
31.3 COMMERCIAL ACTIVITY: Neither Conbac'tor nor its employees may estrablish any commercial
activily or lssue concessions or permils of any klnd to lhird parties for establishing activilies at the
Airport.
31.4 CONTINGENT FEES. Conlractor utanants that it has not employed or retained any company or
percon, other than a bona fide employee working for Contractor, to solicit or secura this Contract;
and that Contraclor has nol paid or agreed to pay any company, associalion, corporation, llrm or
person, other than a bona fide employee v'orking for Conlractor, anyfee, commission, percentage,
gift or any other considerailon contingent upon or resulting from the award or making of this
Contract. For the breach or violation of this waranty and upon a findlng after notioe and hearing,
City may terrninate the Conhact and, at its discretion, may deduct fmm the Contract Sum, or
otherwise recover the full amount of any such fee, commission, percentage, gift or consideration.
31.5 WAIVER. The failure of Airport to seek redress for any violation of or to insist upon the strict
performance of, any term of thls Contract will not prevent a subsequent violation of this Contract
Restroom Renovations Page 21 of 55
from being actionable by Airpo6. The provlslon in this contraet of any particular remedy will nolpreclude Airport from any other remedy.
31'6 F.q.RcF Mtu*EY[l T.eilher qarry.lterelo shall be c.onsidered in default in the perbrmance of itsobligations hereunder to ttre exteni that the performrn* J
"nv
*uch obllgation, *iopr m" paymentof money, is prevented or delayed by any cause, exlstlng or future, whioh is beyond lhe reasonablecontrol of the affectel ryrty, oi uy asriie, tockout or oi-n"r hbor;ffiicuity;tt'"'""iir"*"nt of wtrichshall be within the sole dlsiretion of the p"itv irrrlr"o.-E;;i\ party hereto shail give notice prompflyto the other of the nature and extent { "1, F"*; MA;re clatmed to detay, hinder or preventperformance of the services u.nder this contract. in t"-!*nt-either party is pirr"r,t"o or delayedin the perform-ance of this obligation by reasonof tu"rr.Forcn ma,;euri,tiier*'s-r,"rr u* an equitabteadjustment of the schedub. tonhacior witt nor be uabb roi'Eil;;'t" ffffi or for delay inperformance as a resurt of Force MaJeure, incfuaing th;ioilo*ing,{l) {ny cause bepnd its reasonable confi,ol;(b) Any act of God;(c) lnctement vreather;(d) Earthquake;(e) Fire;(f) Exptosion;(g) Ftmd;(h) Strike or other labor dispute:(l) Any shortage or disruption of or inability to obtrain labor, material, manufaoturing facitities,po\Mer, f'-"t..ot hansportation hom unusual sorr".s, or any other lransportation facility;{il fetav _o1
failure.to act of a.ny governmenrar or miritary authority;(f) Any war, hostitity or invasion;
(tt . Any embargo, sibotage, civii oisturbance, riot or insu*ecflon;(q) Any tegat pioceedings-; or(n) Failure Iq a$ uy cohtractotrs suppliers due to any cause which Gonkactor is notresponslble, in whole or in part.
31' 7 PERMITS' contractor shall obtain and maintain at atltimig all necessary licenses, permitsand ceffflcatlons to pertorm he work oescribed in ir," contr.ct. contractor snait iurnistr copies ofall lienses, permits, and certifications to the efiporf, - - -'---
31'8 woRK PERMITS REQUIRED. contractor agrees and acknow,ledges that tts employeesand agent's employaes, as well as any subcontractolrs or subcontractors -p*.sonnel, working onthe contracl musl be United states citlzens, or ,rit u" uwruuy admlfted for residence and bepermited to t'rork in the United states under the lmrig.tio" ano ruaturitiaiio" na, a u.S.c. 1 1 01,et seq.
31'9 GoUNTERPARTS' Thls Contract may be executed in severalcounterpads, each of whichshall be deemed an original, and all such courrterpirtr t"g"tter shallconslitule one and the sameContract.
31'10 cAPTloNs' The sectlon captions contained in this contract are for convenlence only anddo nol in any way limit -or.amplfy any term-or proviiion rreieot. The use oi tr"'i"rr. "hereol,'hereundef and 'herein' shall'reier to rris coniract ai a wtrote, inctusive or trrJdxniuits, exceptwhen noled otl,erwlse. The use of the mas*tine oi n"rt"r genders herein shalt include themasculine' feminine and neuter genders and the .insrl"iformir,an incruoJi5e pirrar when thecontext so requires.
31'11 ARTICLE FURTHER ACTS. Airport and contractor each agrees to perform any additionalacls, execute, and deliver any additionai ao"rrenii ;;fr;y reasonably be necessary in order toca*y out the provrsrons and effectuate rhe intent of this coniract.
31'12 usE oF AUGUSTA' GEoRGIA LANDFILL. All contracts for contractors performingdemolition and/or construclion projects foreugusG,'clrgLih"rrcontai" a pior[io-, ,"qriring rh"tReshoom Renovatious page 22 ofSS
all debris, trash and rubble from the project be transported to and disposed of at the Augusta,
Georgia Solid Waste Landfill in accordance with local and state regulations. The contractor shall
provide evidence of proper disposal through manifests, which shall include the types of materlal
disposed of, the name and location of the disposal facillty, date of disposal and all relaled fees.
31.13 PROHIBITION AGAINST CONTINGENT FEES. The Contractor by execution of this
Contracl warranls that it has not employed or retained any company or person, other than a bona
lide emplope working solely for il, lo sollclt or secure this Contract and that lt has nol paid or
agreed to pay any person, company, corporalion, individual, or firm, other than a bona fide
employee working solely for it, any fees, commission, percentage, glft, or other conslderatlon
contingent upon or resulting from the araard or making of this Gontracl.
31,14 CONFLICT IN DOCUMENTS AND PRESENT DOCUMENTS. The ConlrAclor shaIl in no
case claim a walyer of any specification reguirements on lhe basis of previous approval of material
or rqrorkmanship on otherjobs of like nature or on the basis of what might be epnsidered "standard"
for material or workmanshlp ln any partiantar location. The Contsact for this Project shall govem
the Work. lf any portion of the Contract shall be in conflict wih any other portion, lhe rrarious
documents comprising the Conbact shall govern in the following order of preeedence: ConEac-t,
Change Orders or modifications issued aftar execution of the Conhact; the General Requirements
of the Conlr:ac! the Specifications; the Drawings; as between schedules and informalion given on
the drawings, the schedules shall govem; as between figures given on Drawingn and the scaled
measurements, the figures shall govem; as beturcen targe-soale Drawings and small-scale
Drawlngs, the larger scale shall govern; and detailed drawings shallgovern over general drawings;
the Bid Do&ment Package.
lN WITNESS WHEREOF, the parties hereto have caused this Gontract to be executed by their approprirate
officials, as of the date first wrltten above.
AUG USTA AVIATIOH COllfr I,IISS ION MNTRACTOR
BY:
George R Sasser, Chairman
ATTEST:ATTEST:
Restroom Rcnovations Page 23 of55
ATTAC}lMEI{I'S
Restroom Reiroyations page 24 of55
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Rcs'troorn Renovations Page 25 of 55
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Rostroom Rcnovations Page 26 of55
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Restoom Rcrovations Page 29 of55
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ResEoom Rcnovations Page 30 of55
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Restroom Renovations page 32 of 55
FROPDSAUI}dSTEUCTF}B TO BIEDERS
PROJECr DEECBFnOI'I| AFpprtEsrbosnFsllo|ttloneLOCATIOI'I; Ar.E$ts@hnalAFPPt{
Ar{tFti,kEH
sFor{50R
ProJBrt No,
Aultrsh Ar,hbn Csurrlrelon
JLS PRA'ECT mntBER 1034.t 001
Bkh q* duc on l#rdmaday, Hovembs 1,2017 fi E:00 F.ttu, gld |tfll bB ptDlW oPanod lrrmo&ldy
follorrim Gt tlE AtOt dE ProflJranrcrt DepErlrntnq 836 Telldr Snrct BulE fr16, Argusle GBsdB
90001. BHs oBluto[ bG sU&mll3d d.*oilh.lly. The HdderD shif rubnt ttp t{y ootttpltltd
Prpoceylrrdnrcllo$ b BlddBrs form, along rr,f,r lha $rfreouh ot lLml .no FoPos.lguareily,
A mrndahry Pnild Cqnfrrtnsa rylll Dt hdd ro.lhh F,Elod on Frldg Oclcbrr A,2l1l8 f0S0
r,m, al lhe Ar{nrsl* Proburamart Daparlmud, 635 rEIe} Sht€[ Su,tc G05, AtptlBls, G]ecala 9091]1. A
merdbry FndtEt Grts vlutt $dfi fnllot the PI*-h{d Gortu+ance,
Adhollbnl d Hddat - By ubnfBhrs a lteFnsefs 0rb rdiolhtlon, Hddaa nm ttprolrrnilu i0 lhg
Arpuaft Ar$on Gommleiltrr.ltEt they ao qulEd (h lgrrnr ol orpnrthr srd ltrrrrdsl olpabtuso) to
cornpbb thr pnt6ct t* dr{stad ln lhr cor{fiEcl docrrn3nb.
The Gortradoc mult oofiC#y fll ln lhe Bld Forms. ?he nlnrhg Hdder n$l !E sehdcd hed upor
rrsponaivurss ol lhn bld pec*ags lrdudtg unrplelion of d lqnrs. mwtlng al biddlrB raqukomr{r
rrd todal Folodc.cl lrclldlrE my badetcrrn[rtc pr.€Enhd,
Atl Un[ Prbe c LUMF {sum} erties msde on tllc sd}edule ot llems p4e* by t}e EEder tn itre'ef
funDLutf cdumn rrral be loCbh, pJtplrnd ln hk
t{trrrc a LUMP {eum} k calbd ftr, lt eha[ be crM onfi ln he 'BH Amourtr columrr
ln thB ornnl tirsrc k a rnalh dhcrepsrry b.ftrtDh tls unfr prloe md tha rasulllng xrochbd b{d prha,
lhe unltpdccc. r* drlrd, 1ril gorrcm U aelcrnlnlrp ltx oorret*leld of lhc'bld.
lf a Unll Price or LUI/E (rum) elrody or{erd by OE Blddor ; lhg Bil DoqlmDnt h ro be gllrnd, ll dral
bc GrGDd oul ln ink, Thc reu Unfr Prlo+ ol LlfllF (ouru) tha$ brorle.nd tbole or below i atd h[sld
h hk by thr BJtlda on tha lhe ol hc Ghrnop e*oh trrc fio lhll Pdoe or I-IJMF (anm) h rfirnd, ffo 4hff
rnelhQd d altarelo[ulll ba eos{ad.
Compleld btd dm"rnsntc mry ts lurd dath,e{Bd lo t}re la[hg snB, on dra &y of the h[lm,
{\lodn*dry, tloryeinltr 1,2gll g &DD F.m, b the fogusb Pmcuroment Oepafncr* SgSTdtaf
Etr€61, SullB 6{8, Atguit6, Geo6h 30901. BIdr *nt by US mall or nn orromhhi canI* io eny otrcr
bcalbn may r*l be r@ad qd may E ratrmcd lo lhe tiddcr $opcned Btst delUaed d[er 3:00 prn
on lht htilrB dEy rf, be ret ryxitl lo ilp Mder uaopenE4
AEUsta Rsgbml AhplNt
Reelroom R€noyqlinns, Aulusb, Georgia
FtopcaUlrctrudio ns io tldders
Sebrmb*-, &17
lesusd*., BNd
Restroom Rcnovations Page 33 of55
tBn
NOTE: Any firgnoht or rln:lpdety httwrnlion a$a#hd la nlrynab ,o kie Bfr Oep{t{tfrN ffi baw. tb a
Wec ftrtpt BWd b dtsrctu d7 wiler ltu Frtodom d hlqmatlon Aci n4E NF0f.j{r'.'no{ WW NDT
8€ TREATED AS COI,IHDANNAL
Afier rsvlew of all Hd derrnenb for rrr0rema0oql GnorG, ll* ptDpsd ol ihe aDpgrsrl lo* bEda wlll
thefi bs rGdouI8d fot dbcrcpanclae unlfl e pryoaal mretlng B[ r€rHlt€mglh k tnund.
The undera[ncd har oon*nsd the ph*, ?p*llHgts and ttp lmlbn of lhc u,Dtlt tlcssdH h tl*
poperl for thb golrd urd b lrJly lnbrmtd tl b the r*ture d fE ulorl and lhs condnors nhinu to lh
peifurrnarne and undennndr tfiel tht Srrfrliso aho*n rle gptre(ln$a only and ra rubjsd b.Hrgr
hcssrrdacraasF.
The undrnlgnrd lHeby prapcar to nrrrsh aI nwsy med&sry, tooh, spFcr5bti and ollpr moen*
of rnsfir*lxi do * the rDd( turnbh sll thr nrdaidr EcsPl s olhsru,lfo epedtiod md, 6r qch mn
pdqs, luJnp nrm b cunilsb fiB rlrfi tn ettct reordaru wIh ltrE plEne thsr#lo Bnd lfiE it it€
,mpesl, *trleh h lnoorpqaLd by rftrurct h trtgrg pqo,tt. *nd in strtd mnhmU uih tE
rrsl}?rnonb ot lhG GsrBrd P's,bluB md u*h olher SpacH Dr 9$pl€msnbl PrsvtlfiE std
Supdcrrenbl8psillcaftrr* !s nuy be B p{td$h proposr
?hB undcrsbitad turthtr pmpsaG lo do euch stna rryqk e may ba auErorked by he 0Ponsor. prheo for
*itbh m nol lnc&rCrd ln lha lhmlzad !frL Componrt0on tHl bc made oo t{s hrh agued upon bthrc
Er>sa$Drkls bogun, i
TFE I.BIDERSre}iED UNDEBSTAhIDS AIID AGBEEE THAT THE SFONSOR RESERVE$ THE IOSHT
TD RE,ECT A}IYA'IID Al.t BID0 AhID hIO COil|TRACTUAL REIATIOI{9Htr SI.TrrT Bfl T BENilEEN
TIf UNDEFSIGNED AhD THE EPOI{SOR FOR THE }IORK DESCRIBED HEfiEIN UI{flI sT'CTI TIME
AE A COI{TRACT IIAE BEEN FDRIIAILY EXECUTED BY EOTH THE UNI'EREIGHED'AND THE
sPoNsoR"
ThB urdirlgrEd rgras upDn cubmh'tlr'g hlE bld fist lE soanb. offlFrc Di Ampb)ffr hBy6 nol dlhtdy
or lndlrcDy cilered lrt'o any sgrtsnorit, Erlldpobd br ary coirnbn, ol otlt ltta bknr any sctlon h
IEsbEht o, fro* oornpclifee bHdlrp bt otnctoo wllh ttt prcpocel fior tho aborc ptqhd.
Ihr undrmfund rnclcrs t propud hm4 a eerd{hd or *hlorrs obtrk or b*nk morGy otdil DB
+ prDPo.d lD lhtr rlrrDum of nd lE ths,l i.n {fO) FcroDrd prylblr to lrrgrtr&
Comn{erlon. * r IsanrDt e oF e ood irth, lt lhc urdelligllGd la& b 9,tx.r{a $a conBrBt aDd p'IovHB
fiQdrrod mehlhb l}ltldn ,lllB€n (f5) thyr dEr DolrB n.rd8hed $4th t* rlcoElrrry oorffil atld Dord
.lorm6, Beld lroDosEl frprmty sha$ bG ftrtdid b tl* EDomor. lT F FUFTHEB U{DEFSIOOD A}tD
AGFEED THAT lF THE SPONSOR, AFTER RECEV$E FROM THE IIIIDERSIGNED Au BEq{jnED
MATERiAI,S, DETERT4INES THAT IT iS NgT N THE EEST INTEBEAT OF THE SPO}{SOR TO
EGCUIE N'lD EMER hlTo SAID CottlTRACr, THE PROPOS T GUAFANTY lN THE FOBM OF A
CHEOK OR TI,ONET ORDERWTI BE PROMPTLY RETURNED.
Augttbte Rtglonal Akport
F€Btrcom Renovatlons, Arguste, Georgla
ProposaulnshuctlorB to Biddcls
Soptombor,2017
lgsu€d lor Bid
tB'2
Restroom Renovatious page 34 of55
ft h urrderslood lhEt tlE proposBl guar3,ty d tte r.rndrrlgnrd wil HOT b*'rufirnd untll tll step lxw
oompllad lder ftp CanerEl PIDubl{i.|*, ffu propel g.*nanlc+t of all exepl ttra cppeI*nt aloootefill
bEder ard lhc Bf+ord Hddg li,Bi hE r€Iur6d prsmptry'
The unddrsBndd a.i$ocrkdg,Dc reD9lpt of addttrds tscued ln rElF3d sl tn& fcragdng lr'0r.6( en, b3,rg
nutnben d,
Cpmdets CorPanY Ner*e
Slgnadby
0ruvebum, 6A roaE
cL,c}m
IwCkEAonAEBlrl-
Rest"oom Ri:nova$om, Abguftg, Gaorgh lB.3 SGdeEnbcI,20',7
hlredforBtd
Reshoom Reaovations Pagc35 of55
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Restoom Renovations Page 36 of55
STATEOTCEOBGU
_ E4*,l.Xrapl8r*CujofEtrrtBosrd fDr B!:ldrstiilsU Orrrir: Cols.sdgrr&terrl &lU*cr fu dirlirrs r,Ecarf
Licco*r Io. OCQAgoj{ll Btal[t Aetils
Fctda*Jg&srEocrE rtFO.Err l5r0Frrtrcf $&9
t*$dJtttt6wtT %:Er*ggg5T#lJc:#X1" &i4ryLrarcocco0ojt23
Ialdr l,*.nrl&{lm lt arldih I xerrorftqforBf
ittod byoo lhauc lrrr*dly tc G*ryie 8ut Borqd ef fd&rf.l rtd 6Gopr, Cdrr*m.
^ Iodrnfd&d lhauc qrt & HEu,.',H*f,if -$T,i*-.ry-E rrtyurlrrooittttytor**1ro.i'uri"u.a"rr,"elro uoanrraohr&r49r E DomFrmPEorh SDExpltdiDD abilr*.ltD Bou{l xdrits o,t}.lbthiqgs }+arrnnl too te EEdo$ca
qqce h h.nr ,rreuGflry b ll? yoD h[!t rca clolll Pk sc prDryid' rbr Eotd wi6 r cogy ofyorr Gcrdfico of laaregacec[ tiat vm ln**ru ir reqr*icd' ?Lt Bed dtcr *ad* pn'- Jc.ior;-* *d;;;; #d ;r;*i ,r" .*r, ay;*',i."J
ttlltb!litr'$.'t ElpouibillryoaodD tr.bE d lfrilhodltt! org.r+'ur ofra* orddr*r.youoayryd*ymraddrrorlh.rtOr Dordl ryt}citrn*ur*ptg:govrblUlo.ardar.
Yru.DildilHttc BEn{ Bl
EEONilNA.8.TA?EEoARD Fm, RBSIDE}\III^L a OBNE[,ALc0N,I8ACI1]R823?'al)(rsB{r.{BnrE MA@N, OFOtGTA 3l2l?-3t t.4784[r7.&(pgrrD6s) xEtrh: *^xnr,rfi,gr8ovrrlU0oqE.brd
ET*TDqCDOAGIaDrL! F.Itlrr.3ffi b* riEt*EBrd ,b nrue4i !d ttirl Conra+rerotml Ctr*rirGjltirrMlu!tr N4gCQrEr! -Adiit -
r.**.rffiGoBoIOEGtloDrrrGA llt0t
b*Hr, &*tlda-*red!'l1r
:rya.r rOU:9[ Oits? uac @Jrt
Restroom Reoovatioos Page 3? of 55
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Restroom Renovations page 3g of55
Sceumemt 4,305
Contracta r's Qualifrcalian S*afemenf
TtlE Under&nad certlfiee under oath lhet tho krhrrnatlon pmvtded hareln h lrue aod aumcienUy complele eo t*nol to be nkbadtng.
€uBI*n"rED To,ffi!
lmirEsB: StoVslyo FarkunyChaapeskB, vA 233ag
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I{AMEoF FROJECT g ap/fcabts):
frfE Of WOBK (fib reparslc ,oim lol ecch ChlritoEuon of Wo[i1:
ffil Aarr*ral0omtrucdan
EB xv,tc
Etj rbdricet
&[ Rbmuins
ffil ot*r (ptelrsrpeclfgfifi
[ 1. OflGAHEAT|ON
I t-t llo$ m*[y ],Gars hae your organirarbn bren h busrner+ * * contr*acnEE
i.'*rut, "an
tgt gcur organhatbn boan h hrrlners uadsr,r! prcaont budncos
ffi
* 1.3 il yo'r!6iEnEal'pffif.ffjffifrtf;B, Enrucr lllc toilers,l1s;
I1.3: SbtE ol incoroorctirr:Eli r.tJ preEid€nfs nimaEt -,! t3,f Vba-preeldeofr neie(r]
Reshoom Renovations Page 39 of55
3 1.3# SE€rstEty'D namE: $i.,
$ lJ.6 TreaaurpfE neme:H
n t'* "'To:m'ffrl#"ffi ffi,H' an$*,Br rhs rdbwine:
$ i ff iltr#ff ffi,H #Iffifr u,e): E
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* l'1 Lbr rho cah8ortet of wort thal yurr orgcnEarbn rE lrrqry piIbrrnE wlh ,q orryn lojEe c.
fffi:ffi.fF&frs}(i,,riirf;sErrrfijrffi r,fi,per!%-
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o t'ffffi,:Hr$1fl'JllfuH'q ar&1ndon proeer* ffi
[ 3.2J ltm ]our oEran>lon llod Eny to* r,rr. -_ __ooor"& rtur?'ifr#i;tor#llt* *lh or tGqugtbd arbMrrhn wtth ratard ro culdruEron
I 1,b ll yas orgfft4lton ir ind
* i f .1 P"t- ur c*ni*ffi eryrr8d' Gnerrrtbc &tifl*,ne:
ff*Y,:fhcrfirrn thotr rlbo aloro, srrcdb" ; :" rr** *;ffi
g 2l Ll$tlurEtrEtions tn urlch yaur wlnnbatort'r ptrtatrrhl! q llade namr b ftled.
g S, O(FEHEilCE
Reshoom Renovatioar page 40 of5S
f#;ry,,r,:#,ffi #iT;,ffi ,iH#ffi Tffiffiffi ,.,'tritffi ;Hff ?#$xr#f *,",
G 3'{ on s TGPETEE ahcet llslIlzJor TT1F tt.F r.$ nyr grrenrrarron hEE In p-ngrcsr, gi*ing thp nane ofF qE4 ovnEr, sr$trbcL csnrract amount, per."ni cfftrbi-
"ns ,a*orpa conphrion drle,
i'.:i&:"fr ffi ffil,Htrtrg jffi Hfl ffi ifi ,trHtH$;[tr#ff ffi ?,illfi .perforrhtd rytih laur own lorcec.
t"'lfr"r#ffi slreEt' tr51 &|e comtrudbn @erisrrr and prcsard comrnltrnnh ol tha rE lndlvEudr of
*[4. REFERENCEE
l4.t T,Us Babprceu:
ffi+.f:ii T;*fT -r a . ji :L tij{EEE-H.1,, !ij* .,: : _ ;@
p d.? 8nr* Rahrencss:
I {J.2 Nrrn6 rnd add6s ol rgrent
- - _..F-St trloorc pO Bo{ Z1?359 Ar4ur[ Gs. S0grlG c. HNANT'ilG
I E.'l FinanciBl gttnmurl.
5 6'1'1 Anach z' finendal sEbmenl, DrstE ebly Gudlled, hcluding your organheuon,s hiBd b-bnDs 6fiEeland incorno 6bEnent Bhowing ttt. ioni*,g-[r,"]'-
cunanr Ar&d3 {e-g-, oarh, Jgrfr. renture aooounb, Dcgounrs rrceivabtc. noles r€cer*He, accnJgdhcomr, deposlli, hirarirri'irrcnt li-riEiru ;r;il;i:-.'--s.,rs*
Nai Flxed Asseb;
OlhffAlcEt3:
$ 3,4.1 State rout worlh otrro* ln progrcsr and undrr contltcl:
, $ 3,5,1 Statr e rerage ennUal amol.rr{ o} aon truriron uo{k Fcffornmd dB,ing the psft IivE },sars
t4aBmUr
[ {I.1 Nanr of bondrg compsnri
Restroom Renovations Page 4I of55
cunehl tbhniti{Bs (e,s., rc€ounE.perabb. nares payabre. eocrued cxpGnsEb, provriion tor rrmmrExec, advenres, eccrucd salariee ,r,u airud ilrforir"**);
othsr Lrabnltkc (e,c., crphEr, .*FEbt Eto.*" euhorir€d and outcr'ndrng Ehares FryEuES, gEmcdrurplur rnd retainerl errnlngr| '
! s,1.2 ranE and GddrGlE o? lirm peprlng alachd fuanclel Gtebm€nr, erd dsl6 bare!:
[ 6.f ,3 h the attacfrsd f nandgl 3tgtenpnl br $* ldr4thcl orltnlzsllorr ncrned p6 psgr onq?
&,i+#;ie_+;
trloraaton provkbd hereln h ln E and
I
I
! r'1* ll nor' Gxpbrn tbc r.Hbfrrhrp rnd rtrrmrd rargerrtrbrltty of rhs cigantsstbn "no& frffrhr.tterrcnt.t! provldrd (c.s , p"-na,*6ijti
s E,8|GI{6TURE
f E.{ t sted aj thls 151*day oI Seprernbcr SFkm*olOrgenhation:Wffi
SpFahickSommarc fuTltlcl Prertdaat
ffi:'"t['#'x'*1ffi and savr rhar rhc
Subroribed Ehd sl,rom betore nr trk ffi day ol ffiS Z@
Nohry PuHbr fraq Et "111: 16oAiycomrnh:ton E ptp, N$ ii- lS
E E.ttdfit th* ergsnllarlon ryhBG nffiidal Gl8}lrtEnl b rUrrtrdd aat e+Iuifintor ol lhs cor{tsrl teroonrb{Bllsr?
Rcstroom Renovations Page 42 of 55
Srnrrr:L,On$fructrl1truch 3ron
3.4 Current ConstrucilanPEtri* Semmfrs, General ContreGorSommers Construction, LLCpso mm€rr@so m merDc c. co rnOfficer 706-83t-S133
Fax; 888-260-1674
Se
Projects
9'14-2015
r. ProrEfi f,trame: Cprnfon Inn & Suiter RemodelOwnen SIG ManagementArchltEct: Deelgn Bulld RernodElContrnct Amguryt : tLSg,ZSl,? ipcroent CorndcEet gOBt
Compleilon Date: 9-28"20I5
2. Prcte(*. tB1re: August€ Tech, Bathmoms Bldg 300.400,500Owne;.: TedrnlcatCollege System rf E;;;;;=Arehhedt Centenntat eontri*orr iiConfra$ Arnount! $61,000Percent Cornplete: 35%
Cornpletlon DEte: 11-30-201S
3. koJect N-amel 3 Bay GaregeOwner: Coastal AIr FroperEecArchltect: Ray Good Dds[nsContrs.t Amount I $ 1S2, t94.00Perrent Complete: gO%
Compleuon Dat€ ; 10-16.20i9
4, f,roject larii Sparklt Expresr Car WashOwneri Sparkle Exprcss, IhaArchltEst: De3lgn BulHContra st Amount i $25,400,00Percfnt Complete 9Sg.Completlon.Datc r g-30-2Ol s
Restroom Renovations Page 43 of55
i#}ffi€rs
3.S Completed Construction projectsPatrlck Somrners, ceneral Cnni.i.toi'- 9-14-20t5Somrnerg COnstrUCttOn, LLCpsommers@somme rscc. comOfilce: 706.85S.16S4
Fext 888-260-1674
1. Proree NGme: Dq,rbleTruc Hotd Upftgwner: SIG rrlEnagemEntArdrltectt Chriutopher Booker & A$odat$, pcContrad Amount: $136,2A;;i;" Evssrt-, r
Lompleflon Datc: 3-30-201s
2. Project Name: *trTl]:^Tunty-Georgta Extenslon ()fffce9*19r, Columbta Cou6ty Oeori,leArchtteqt: Studlo BContract Amount : $153,000,00Lompte$on Datel 1,14-2015.
3, FPL Foods Auguste Go. Flre Damage RepairOwner: FpL FoodsP:.ol!rt Manager: fipC T.im Foster
Fntr?ct Amount; $292,892.76compteUon DEtet E-Zg_2014
4. ProJect Narne: Columbla County Famlly ConncEHonowner! Columbla countv geor{l;-""'' --""'
ArEhtt€ct I Chrlstopher 6okei'{Lsodares, pcContract nmount: $105,300.00 '----:-*' '
LomptEuon Oatei g,Z3_?013
5, prDject Name j ATC B.uttdlng 100,200, and 600 Rsstrooms9* 11e ', rech htcal conege gviLil;iil;;ir''
Archltect; Destgn eufO-nem:oJei" -' ---'r'-
contmcl Amount: $88,740,00Lompleton DEte: E-20-2013
6, ?roJect Nrme: Hilton Garden Inn hoJect GrorrOwner: Newport Group, Inc.Archh€Et: Deslgn Sulli'RernoOel
Reshoom Rearoyations Page 44 of 55
Contrad Amount: *3tr,500.00Compleflon Date: 12-5-1012
7. Pr.oJect rygmei Kroger Store # 45I Ftarletta, Ga.Gwner: The Kroger CornpEnyArEhltect: RoberBon Lola Roof Archltects & EnglneersContrect Amounti $34,920,00Cornpleuon Date : 1g-4-20tr2
L Project tlmF: Nroger Storc #994 Hartseile, At.Owner; The Kroger Company
Architectt Robertson Lola Eoot Archltecte & EngtneercContract Amount: 953,500.00CompleHon DatE: 9-4.2012
9. ProJect f?me: Kroger Store.# 3Bg Norcross, Ga,Owner; The Kroger Company
Archltect: Robertson Lsla RDof ArchltectE & Engineenscqntract Arnountl $35,000.00
ComplaUon DeE: 6-1{-12
10,_ Proj€ct Name: Corone/s Office AddtHon/UpfltOwner: Columbia County GeoroiaArchirect: Studto f Des6n Groilp
Cootract Amount: $oo,6f O.0OCompleilen Oa'tel io-g-ZOf f
10, ProJect Name: Termrnar Burrding Renovatrons AdrnlnlstrotronArea- 2nd Floor for Augusta Red'lonal AlmortOwnen Ctty of augustB,'Geotgli
Arrhttect : Vtrgo Gambllt Rrshttects
contra ct Amount: 9741,4?7,59Completlon Dare: 10-+2011
11. ?rojeft Name: Bulldlng 400 Xltchen l,ledllicatlonsOwner: Technlcal Collcar Syrhm pf Cr,oroirArchtEct: Nlchatas Dlcklnson end Asaoctaics. pC
contract Amount: $97,700.00Conpletlon DBte : 4-19-11
Rostroom Reirovations Page 45 of 55
s5mffi,eru
3.6 COr{STRUCTIOI{ EXPERIENCE
PRONLE
kHf;$,H;rffi1,,?,T!x?;jlT^rli:;xH?i,T3ti?,1H31i,,*n Oyer 20 years r
:ml*'"*Iy,',,ff:*,:m,#,rgli}i$,fl:[#,,:,"
;,i:,'ryJltiT#,8t't3'-1,:6:;i:ffiiFffi i,,
expected oy q-rs-eoJlTnse ls pendlns and boarc-ifi;ii,;it
EXPERIENCE
Sommers Construcdon, LLC 2006 _ presentprEsldent
ffihi#$!ryjfi [|dt!flfi zuffi rn:{":,.__devetopm€nt of a constru*".". *1e.ct aiiltr"*u* it.org a n tzau on, sched u li ns, . no j,ipiE-,nliili,l r.I't_eclranlcalTrades ?000 . 200gVp Sales* Besponstble for
I;;,T1.#1:;;;ffi .fr ff L,i,l!ft:ill|ffi .'J,ill,,*"iffi ,BI",f,Xf
PaUlck Ssrnmers, presldent
EorylmerE Constructlon, LLC
ffi[5f'..ffi*ETci'comraxr 888-260-167{
9-1{-2015
Restroom Renovations page 46 of55
Shop Foreman
I Responslble for day-to_day operaflons of a 30,000 squar€root sheet metal fabrlcation srrIi.-rr'v,v'!,n Insured machinery was properly rnalnralned, proJects werecornpteted as agreed, .na ooldfri-#l un?'rrp"*tsed tenemployees.
Shsp Lnborer'" Responslble for-mmpleHng asslgned work. Offered toassrst others rn rherr assrgirmlnL *'nriiiLrrt€d rn proJecrsbelng.compteted ahead oiiorlcrl*. 'rL'r 's
H. Brltfl ngham Mechanlcat-'-'f gSZ _20o0Shop Foreman" Responslble for thop operaHons whlch tncluded lnventory,eq u ipme nt in a t nte ns ncer. !1_ime .npt*i' Jo.rnp l"uo n ho m s hopf u!=oln: l, a nd dtrecfl y. supeusea nrl- em proyee",t scheduled, monitors.:"a t*pj*ijiitt wort< from start to
fiff;;Xi.^, ha n rued rns ralmon i^d"irt urh g ti ilrr-b t;ilifi,
EDUCATIOT{
Evans Htgh Schoot tSgT. VocaHonal.Dlplornc/Metalworktngand FabrlcaUon. Setected froma[:.rintonsbnd-idffi"t" represcntcolumbia countv rn tne vocaiioiJfri,litrirr
'ub of Amerrca( VICA) co mpetltion mr metatwortirs'iiiJ ii sE nderseilte, cA,
Restroour Renovatiors Pagc 4? of55
Siffiffif;,r*
4.T TRADE REFERENCES
fustirctr:l. Chdaofhr Bookcr & Aarodater, FC _ 33 t9 pcrtinc Rd, AuEUrb, Gs.. 3Og0E- qOe ?9E-6?92 Ndhrn Vlc*, iyf,ffl"ien crouj- i-oiz waro wry, Aq$itG, s8.30po+ (206) 66?.e?s4
3, NiclDtds Dicttnrm t Arrocturrn _ 7?l Brqd StrroEt Sdrc 200, Au3udl* Oa.3090I (?05) Tn-14SBlU*Uo[n ooSi.
*"'
Subcmkacron:
I . Hgudl Eltatriq h". -j I el, mod* R4 Mndntq Ge. 309O (T0O gS+ClgO
i' ffii ,,,,
5. X,&WBcrvicca-61!o i,,",u.ri il;:'*+ffiffiffi ffi,, Fpffff 6'J;H.',#"
Cruomerg:
l" yry*r* FosrEr CeD ?0&BIz{?t9
: fg!Tit-t;H8ff16:-J;iffi-H""- Driw, Erds A Ev*ns, GE. 30Eqe
' fl#,ffi*ll* ;t-fl j*,,f '-ffi tr Ausust4 ca. 3 0e0? ( 803 ) 2 e2-3 ? r e
4. Dorrblcte - ZgSf p.rl.ri, iudn".y, fugustq Gcorgis, 30g0g, UgA- (?06.)8SJ.BI00 Lcr ksrrn' [ffi,T|dffiff ,'f,ffi *ffi'":nffiHiy suir& s50 AdBoh,
6" ctnrcoriat co"i."iroo prspriJJlfriiii#, *a suirc H Au$ut& GE.30e07 1170) +9G323 I i*"rri, Cffi 'Crri fi"0<po-lzl r
Restroom Renovations Page 48 of55
ETE.iAE
rine,sr
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Ssmmere Conetrucffon
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Rcstroom Reuovations Page 49 of55
BID FQB:
SUEMTfTED TO:
8U&dITTED EY:
EID FCITL{
(Felluq.g tunish aI rcqrGstBd dda urfl be osuge ror oonsldedfl! EIDD,ER non-r€rFnotys Bnd mayrcnderlhh BID krelld onrhat beah-)
lT81?-3104
ABFORT EEBTEOQIfi EElil0vAnm&
At tlUSTF. BEdDt& IitEPOtrT[nt f0ltg?oD-!4r Ea{r,
A$uds,GsElr
Altt: Prcalarrcrd Dtrgior
b36 Ts,hkSSr4 Rpom 008ftrgurt* GA 30901
Jt'*tnn.r.r Conrlr., di*t', Lvc-
Lll- r- 5s,,1'1* t \d G.]..;r .{.J.
3a ?tt
tbrtry, Dr&C!*ta,
TtE uDdeEEned, lErelrrEft$ G6Ld BHdlrr h ocnrplhaor r.*fr thG nhdcB b Bitdars'aaoGprfrg
all E fra hdni tnd ondlionr o( ttr rtm&wtlon* lo BEdera,' ho&.&rg ryltrut lkolHbn thott
deall4 xi,lh tlt dlcpoothrr of 'the Bld Beoudlf pmpmac fld egrees, lf Hffiflled 0rs Cor&sd, to
6ntEr hio an Agmrnonl $th ftn OrrnGr h lho bm o, Agriunent ldrdod ln tE CotFld
Doermanb, b furnhh dl mrl€&i.. equlprnonl, rnadthsry, holr, epprlut, mun d
ttaneg,Dr&0on ard hbor rm*sary to compHa lhc urro*'lo bo prhrned $der thh Gorirldiltln ths Gonhst Tlne }xilsalod ln trb Eld, ln lrrl crd canptdt spolrdmee tttth tle ttrilfi\ned, &Bdlbcd sld roarorrably lniDrdrd ttquht,nifih of hr CarM Doq.rnor{r, b hE fu!a,d en&o lsllEfrE{on of lhc Olryrur, lil !E amoLnb DrlalIDd ln l}rL 8ld Sdrdrk.
Tilb Bld u,fll rerndn ope n br nlmv {g0) dayr afur tha dry ol Eld openlrg, il a*ardad edlfed,
Bllder r{l 3l!rr }rG AgrBomE[ ind sub,mlt th. CDDta{il go.rr{tJ snd olhEr dE,r,mBn& llqutDd
by tfu Conhiti DoDurnarlta ffitfn fiesn (f 5) cahr*lar de}o gnhl dE d* hdbslDd h orvrF/r
ih,Cc€ o{Alrard.
3, h a.6rnlHng lt# BU, tha Bldder rpreaenb lh*
a BEder hss b.ccnB thorougtrly hmlhr wi& lhs E ros 8od oondHorc d thc Bld
Dorurreda lmepthg lha arrns p affderrt lo Irdbds ntdsrtrdtrq ot CI lho
oottdEons and requhsmanb urdar lte Conbael utlch ull Do reculed lot ihe Wstr
b. Bldder ln* 6,amlrEd thE c&E snd locdtty wtrero ltF Wolt b b bs parbma4 lhe lE8sl
mryncrnente (tdsgl, rbts and tocsl 16*,8, odharre, nJas end ngtrhiona) and Fp
oondflbara erhdhg orl, F{ugr.tr s prlryrnerp o{ thr Work dd tED mrdt sx*l
Hcpadorn hyortlgElhos rs BBd6r daoms tloBliGry,
1.
AuSUda Rsglona! Akport
Resfoom Renorelions Atgusta, Geo&i&,B-1
Bid Formr
$opleniber 20'l?
lsrued Ior Bld
Ct9,Crd.r!d:b 6&
Dr& C!*aa,
Restoom Relrovations Page 50 of55
d.
e,
1tJ6 Bld h grnukp ard n9t ndG b lbt rserBl cf or on *ry{.q-gy]glYf*pprron, Arm L corporretlon rnd lb I'0r submltlrd ln edorm[rr,ffirffiJlEiffi
6i eny onpup, mioouan, ortrenEalion or celprEtlon; I
lndtredty tdrrcd or o4i*su-fiffii'Bild"r d-cutndi a lplsc or stum EHI; BI.P..DEB
ffi;tuffiG[';hddil;;v"P-td n"n ot-oonporsilm b']elhh ttorn nDm[flng e
m#&t; ald gldd"r lcr not ;oi[hl bl col]*rn io obEln ror hrntdf arv sdvabge
ilri arrofrcr Bkldor or ove Ourrr.
tlo ,ndmb.f ct O,3 co;;,mbelon ff .O'"E dicaa s e*Flol'ot sl 3'ld O*'nil 18 hb;3thd
;'htil'il,dillry h' fr;i;t;r;i nao'poano {m.sa- h 8x ffirdorarv
d,r#d.; 'ffiffi
"*,rr,
,"tv-ti i*;.ioa frJ *;u.pnaa ,' &s btc'c d suffi Bts'
It lc a cordlEon d thb Bld l'ld .nytr&aeQ$d orrrsd entgod lnb FrslgDt ia-tt* BH,
ili;ati'-d;'rrai;. .dfiffi A'r-E;;ttt;nt d ct*stDd qt-ry133[f,Hgl:
mnfriil-ltnt tr Conlndor md my lulooiltEdor $r1 not t3qup any lffiEr.re
#;E rb".,ttd;ieo h tro P"rf"ttdfr a hc cottaot tP ryil hrttrytJ1|}q: fggiliirs-;n'fu#" $,tur nD ur*ra{rcy. hanoar: 3 *n!l11l9-hlgyr,j:*Hg.*.U,-.. ddennlnad under Coufiustbn Edsty-and lhellh stanormt' r lD€ fry ' vrn
Pail 1516 35FFftE40, prorrbii"a E m U.8. 8tc'ds'y ot L*st' ln acoordanm tMllt
$oo; 'trra tt61,*t vffih,ih; s*v aa*n'* aEL SlEt' I tta lr rtttther
ffifrqr;,]r itu iirr r,qd;;iid us sddy fup"rEtur {or rha rrfrfte6srt of sudr
fiffiffi-;d t+ffi'gddtfi. Erd Urat'trlt[c tuly gndsrrtnrr fid 11E QrT r
ar$ lb aulhoi&cd repnat i *l rnr a*rmt erU tteUtty Drultng ttflrt stc
o6r*ri-Aor's IBhrre lo polce and rrftroe sli u,olt ttdlahtdE'
Thc drtodPflsn under oaoh B hap, bsfrB brl6y ddEd, knpll6s' alBrough t dges n'ot
;;^drn-;i-l"rilt*t r anc riiir'#'prlolisbmJ-arr lrdgrdid b.oo16t dl gttoh *u*'
n:il,lsb end hddoriab ;;;[id- nUdcr'e oUDn,orP * Osr"'llrd .l't UtE
3;"fr;i#: *s inicsHc ,a lpronmtv mnrlorpJ, hr,t irrue.nty lmidsd h the
il#;ffit';iild;'Ettc tDt in fr nem i'trt*r rnod hElelE lndudsr il
g. The nnli prtoat bH lnclude all .pdosHs taxp.Erd fros' Dtds rhall also lmhrb
soDrowislo Erotbblls;;;L-;;fit* i; ilt"hL tnd la'Le{ lrfl*udnE bl,l nd l}tlbd
fil#;;;T,-ftd"ral. staL end looaltdtc tsx* End lnsn€ B FlcA ts'Fs'
Conlmd f&nsl Blddd rg[cs thst
g. Tho $,srk rvll be complrrled rclHn fhe *ntfrarra+ dcscrlbed ln tha Gorpgal P,Dvtrlsc
and ttre Comtuc&n Documsnb'
b. Bkidrr ufil canmsnBe *sr* rrtlh rn ade$tstE hrcE cld oqulpm€rtl d lhs.tlmo cteEd h
hG hhdoe t" pr*.i,'"il1'ffist il-m* Uy tre Orti ssulat*- In rsH rlo|ice
hohrdng rro*lrp ovJJtrrne * t[s*rta"y", sdruayr, qtqfo IfIE mfr rr
rpoendryarovvid byttu Dontrad Dooutncnb End aPProvrd by tlc uuT Fr'
q Tht qunntith al yor& llrbd b ttrr Eld Eobrdutra rrr APFF-OXI!i.T! md rro
artumpd :otary ro* ie-oilp*ffi; bila -dompr"rsuon st[ be bced upon thr
;;tr ilh;Ifi ;"a u,"* ai'iirer, qr.rtruS * wpi[ oertormad ln aooordanci u'lth
rhe Gonrrrst ro.um;n*'iii-lr ,il"rtsu uy lhs lRcHrTEc,flEllGlllEER.
t oral Eld E
Augusta fugrional AlrPrl ,
Rsrtroom Renove|orc AuBusta, Georgk
Bld Fcrms
6ept*nrbsr 2017
Lc*rgd for Bld
Restroom Rroovations Page 51 of55
B-3
0.
Er&c-r tIon d Cootrrcf Blddet agrcos tH ln !as6 0f faftrlo on hls pafl lD E€ut5 lhe 38HGonM and Bonde rry'lftln fiflsen {lE} days dprfi|G dEL lndb8Ed ln tre holl* of &lltrd,'the
dteok s bld bord amomprytng trk BH, and ttre morpy Fey€ble th$reon, Ehdl hs pdd 1o lh*
Ot./Dsr lE thuk eted dsmagBB iof tudr teh,aGi srteI[&G thc BH Soorrttly e, drsEk acoomp'r},llEt{o Proporal dnll be r€bmsdb lhc urdorrlgmrt
Dootlttlinfd'oil: TIE fdoryln0 rcsrliid doc.raenls arE dt*trd to Bnd mEde I Feil d lHs
Pnopota}a. H#ftF€d BH 6oourlty ln ttrc form uf n Bff Bond palah& b lhe ordq of fr6 Argucta
Arhtlon Oomnhsh(tb. Perbnnen* of Wofi iy Snb,Eolfsotorlsgc, BEer$ltEmerilcfCdlfi8torE;d. C;crtltcdgotFrunptlhyrnlrlt
li&me rn$ bJqn.rl drlere (mslIng 6rd t{ru&t) of Bkt&r Io lltrEh.S hrngl nollrr *hall bolBfit
ThB terfic utod ln lhb Bld, ryhldr am dnllned ln ttro Genml ltrodtlom of fhe CondrudlonGonH at ? prfi of he Coilrrcl Dogmenb, lfire th! mean[pa arsbnsd te thErn h $cGaud Prirrhlors.
Bidder henby ad<nor4a&B rG@Ft of he lolhryirU.tdder*l
Addendum tlo,si
B,
DBre
- 10.: t: " t"l -.-_
Algurlr kglonal Ahporl
Restroom Remyaiiong Augusta, Gtorgh BH Forms
Seplambtr 2C17
letu€d ior Bld
Restroom Reaovations Pagc 52 of55
B-3
11 . Tlr Bidder EhBll rtsh !n [16 lhe balsr#, lf s carporallon, lt* narlt at 6&B ln *dduh lmorpomted
snd tt}c da& oleld oorPqdon,
sir*dt.h ?Sb-*r"t .0ti$k'f , -.-,rsg' -'
(sEAL)
ATTE6T:
NOTE:
Aarr.h;Rrd"*lA[Eri
Resloom Senonfpne Augurta, Gec4la B-{
(IXInBilrc of hdhr&reL Partffi ordloat
tEnkp thc Bld)
{*Lt-ooo,ft)}b
LlGErEr Numb€r
lr Contusslot h e Ga"prglin, Scdary Ghotid stbd roal, StC lu PqJI".4 t Bidds b s
Copaeril)n, f Contredor le e httrFiEliF, *ll ptrtrrc* shetr cre*Pte tt* Bts (add Gp€o6E aE
rq$ed).
BH Frrne
Saptember ?)17
brusdior Bid
Restroom Reoovations Page 53 of55
FERFORE€AHCE CIF WORK EY SUBCOHtrB*ETOR$
I ns Qr$ hTeby olab* tlur hc progosee to tsp tls ELbmnbGEtsrE llstsd bEIDre on thrs pmFri fffiqftj th" Ooilrast PEcD,G lhl dl propced tuboonhdorc trde rpedafnr and Uortr rrtira of trctrworlc The Btdder rhai obtEtn rrL,r w,,tflsn perm[*,n ortu d;;-*iEH ii *iG ro iiu * urbctbraolt*rat6contm&r(e) nC rloim bdor,
Sl.osoolrauNo,
HElodAdfcBsphone l,lumbGI
Tr-1"*',1 Y\u-
$$oorffirlrYoilr }lemr DdlarVdxd
Subsontesfrt{ork
+ ..?t]{1.,,! -f-fi.*u
Ar4usle Reglonal Alrpo rt
Reslroom Fonoveilons Aug.rsla, Georgia
Eid Fomi
Septemba 2017
loqod lor BId
Foff*\ .trrou:r._ *- __Etjd5 _Eilgg__
-;$*4.&I":rolr f 9,5 rlf,
JrlL-,"r' *"[+.1].Flu-u l.s *.
-Lu;,*$"iu l;:&,.._.---- .15.J il&:
T*,.+h'ir Le,t).. Ca.,r)-O oo.a /0, o"tro
gsl rutod roJc6, ,,,"*. *,-*ro *n, *,0, *"-.a ry sufcon**o U
Restroom R.enovations page 54 of 55
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Commission Meeting Agenda
12/5/2017 2:00 PM
FY 2018 Amendment to the Cooperative Agreement
Department:Recreation and Parks
Department:Recreation and Parks
Caption:Motion to approve the FY 2018 Amendment to the Cooperative
Agreement with the CSRA Regional Commission for Senior
Nutrition Services for Augusta, GA. (Approved by Public
Services Committee November 28, 2017)
Background:The City of Augusta operates six senior nutrition sites throughout
the County, via the Recreation and Parks Department, through a
partnership with the CSRA Regional Commission which provides
state and federal grant funds to provide meals to senior citizens
including the home delivery program.
Analysis:The amendment provides an additional $76,431 for Augusta, GA.
Financial Impact:Augusta's match will increase $6,230 to a total of $24,533 for FY
2018.
Alternatives:1. To approve the FY 2018 Amendment to the Cooperative
Agreement with the CSRA Regional Commission for Senior
Nutrition Services for Augusta, GA. 2. To deny, this would result
in forfeiting grant funds and possibly terminating the program.
Recommendation:To approve the FY 2018 Amendment to the Cooperative
Agreement with the CSRA Regional Commission for Senior
Nutrition Services for Augusta, GA.
Funds are Available
in the Following
Accounts:
220054322
REVIEWED AND APPROVED BY:Cover Memo
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Commission Meeting Agenda
12/5/2017 2:00 PM
Resolution Bush Field
Department:
Department:
Caption:Motion to adopt a Resolution to provide matching funds in the
amount of $150,000.00 to monetarily support the Augusta
Regional Airport in their application for the Federal Small
Community Air Services Development Grant. (Approved by
Public Services Committee November 28, 2017)
Background:In 2016, the Aviation Commission requested and achieved
approval of the County Commission to allow the Mayor to
execute expedited GDOT grants for the 2016/2017 Fiscal year.
Attached is a draft resolution seeking approval by the County
Commission to provide the same authority to the Mayor to
execute grant offers having expedited deadlines from the Georgia
Department of Transportation (GDOT). The authority for fiscal
year 2018 and 2019 is in an amount not to exceed twenty million
dollars ($20,000,000.00).
Analysis:A RESOLUTION PERMITTING THE MAYOR TO EXECUTE
GDOT GRANTS HAVING EXPEDITED DEADLINES FOR
THE FISCAL YEAR 2018 AND 2019.
Financial Impact:
Alternatives:
Recommendation:Airport staff recommends approval of the Resolution for
transmission to the County Commission.
Funds are Available
in the Following
Accounts:
Cover Memo
REVIEWED AND APPROVED BY:
Cover Memo
STATE OF GEORGIA
AUGUSTA-RICHMOND COUNTY
RESOLUTION NO. -______
A RESOLUTION BY THE AUGUSTA-RICHMOND COUNTY
COMMISSION TO PROVIDE MATCHING FUNDS TO MONETARILY
SUPPORT THE AUGUSTA REGIONAL AIRPORT IN THEIR
APPPLICATION FOR THE FEDERAL SMALL COMMUNITY AIR
SERVICE DEVELOPMENT (SCASD) GRANT.
WHEREAS, the Augusta Regional Airport is seeking to improve regional air service
to support the community, Fort Gordon and the Savannah River Site (SRS); and
WHEREAS, the U.S. Department of Transportation (DOT) annually provides grant
funding and solicits applications from small communities around the United States to
support improvements to air service in underserved markets; and
WHEREAS, the Augusta Regional Airport is applying for the FY17 Small
Community Air Service Development grant; and
WHEREAS, the Augusta-Richmond County Commission recognizes that enhanced
air service will provide significant economic impact, improved connectivity and quality
of life for its constituents; and
WHEREAS, one of the requirements for award of the grant is to secure funding
from community sources other than Airport funds; and
WHEREAS, in addition to public monetary backing, private sector support will be
solicited and encouraged; and
NOW THEREFORE LET IT BE RESOLVED AS FOLLOWS:
Section 1. The Augusta-Richmond County Commission will support the
Augusta Regional Airport in their proposal by allocating $150,000 as a portion of
the community match for the grant.
Section 2. The allocated funds will only be dispersed to the Augusta Regional
Airport if new or expanded air service is initiated.
Section 3. Severability. If any section, sentence, clause or phrase of this
Resolution is for any reason held to be invalid or unconstitutional by a decision of
any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Resolution, and such remainder shall remain in full force
and effect.
Section 4. Effective Date. This Resolution shall be in full force and effect
immediately upon and after its final passage until such point in time as the Airport
is awarded the grant and is able to utilize the funds to improve air service or the
funds are returned to the DOT due to the inability to attract new air service.
SO RESOLVED this ______ day of ___________________, 2017.
COUNTY:
Approved:
Hardie Davis, Jr., Mayor
Attest:
Clerk of Commission
Clerk (Seal)
Approved as to form:
County Attorney
Commission Meeting Agenda
12/5/2017 2:00 PM
2017 Christmas Holiday Schedule
Department:Human Resources
Department:Human Resources
Caption:Motion to approve 2017 Christmas Eve and Christmas Day
Holiday Schedule. (Approved by Administrative Services
Committee November 28, 2017)
Background:Christmas Eve is Sunday, December 24th and according to the
Augusta Georgia Personnel Policy and Procedure Manual (PPPM)
Section 100.006 Holidays, Christmas Eve will be observed on
Christmas Day, Monday, December 25th. However, with
December 25th being a holiday in its own right, the PPPM does
not address granting the day after Christmas as a holiday.
Pursuant to Augusta Georgia PPPM Section 100.006 Holidays,
whenever a holiday falls on a Saturday, the preceding Friday shall
be designated as a substitute holiday and observed as the official
holiday for that year. Whenever the holiday falls on a Sunday, the
following Monday shall be designated as the official holiday for
that year. Holiday schedules may be adjusted at any time at the
Administrator’s direction.
Analysis:Other Counties Observance: Columbia County: Monday,
December 25th and Tuesday, December 26th Burke County:
Monday, December 25th and Tuesday, December 26th State of
Georgia: Monday, December 25th and Tuesday, December 26th
Financial Impact:Overtime pay for some employees working on the holiday.
Alternatives:Do not approve December 26, 2017 as the official holiday to
observe Christmas Day.
Recommendation:
Declare Christmas Eve Monday, December 25, 2017 and
Christmas Day Tuesday, December 26, 2017 as the official
holiday. This will put Augusta Georgia in line with the other
counties and State of Georgia and keep our operation moving
Cover Memo
forward.
Funds are Available
in the Following
Accounts:
N/A
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Commission Meeting Agenda
12/5/2017 2:00 PM
2017 Vehicle Maintenance Contract Extension
Department:Central Services Department - Fleet Management Division
Department:Central Services Department - Fleet Management Division
Caption:Motion to approve a 1-year extension of the existing fleet
maintenance contract with First Vehicle Services. (Approved by
Administrative Services Committee November 28, 2017)
Background:First Vehicle Services has been providing a full maintenance
service contract for Augusta since 2003. Contract was entered into
for a period of 3 years with provisions for two 1-year extensions,
subject to the approval of the Augusta Commission. The current
service contract was approved on March 18, 2014 (enclosure). It
was extended for the first year on January 17, 2017 (enclosure).
In 2017, the contract cost was reduced by $167,393.00 from
2016 due to a reduction in fleet assets and moving small
equipment into a non-contract status. First Vehicle services was
asked to provide pricing for the second and final extension. They
would like to propose extending the 2017 pricing to 2018. The
contract cost for 2018 would be $2,957,663.00. The wording for
the extension is attached for review. No further options exist to
extend the contract beyond 2018.
Analysis:The proposal for the final year extension, by First Vehicle
Services, is $2,957,663.00 for 2018.
Financial Impact:The proposed and recommended budget for 2018 supports the
First Vehicle Services proposal for $2,957,663.00. (626-01-
6440/5223113).
Alternatives:(1) Approve the request; (2) Do not approve the request
Recommendation:Approve the extension for 1-year of the fleet maintenance contract
for $2,957,663.00.
Funds are Available Cover Memo
in the Following
Accounts:Proposed 2018 Budget: 626-01-6440/5223113
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Commission Meeting Agenda
12/5/2017 2:00 PM
Allocate funding ($100,000.00) for RCSO to implement DHS State Homeland Security Grant Program
Department:Richmond County Sheriff’s Office (RCSO)
Department:Richmond County Sheriff’s Office (RCSO)
Caption:Motion to approve the allocation of funding for the Richmond
County Sheriff's Office (RCSO) in the amount of $100,000.00 to
implement the Department of Homeland (DHS) State Homeland
Security Grant Program. (Approved by Public Safety
Committee November 28, 2017)
Background:In October of 2017 the RCSO was awarded a grant through DHS
in the amount of $100,000.00 to enhance the EOD (Bomb
disposal) Unit. The grant is administered by the Georgia
Emergency Management Agency (GEMA). RCSO will use this
funding to purchase specialized equipment used by the bomb
technicians to respond to bomb emergencies.
Analysis:RCSO will purchase the specialized equipment for the EOD Unit.
Financial Impact:This is a 100% reimbursable grant, when expenditures are made,
RCSO will submit request for reimbursements to GEMA for
payment.
Alternatives:None
Recommendation:Allocate funding in the amount of $100,000.00 to allow RCSO to
implement the DHS Homeland Security Grant Program.
Funds are Available
in the Following
Accounts:
NA -100% Reimbursable from grant
REVIEWED AND APPROVED BY:Cover Memo
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Commission Meeting Agenda
12/5/2017 2:00 PM
Animal Services Pet Smart Event Grants
Department:Animal Services
Department:Animal Services
Caption:Motion to approve the agreement and acceptance of grant funds
in the amount of $2250.00 from Pet Smart Charities and to
approve Animal Services to secure future grants quarterly for the
next two years with the approval of the Administrator and
authorize the Mayor to execute the required documents.
(Approved by Public Safety Committee November 28, 2017)
Background:National Adoption Weekends are held four times annually, Pet
Smart selects a lead organization quarterly. As the lead
organization, the agency can apply for a grant to cover marketing,
event equipment, pet containment supplies to support adoptions at
Pet Smart. Pet Smart Charities is an adoption partner; the local Pet
Smart supports Augusta Animal Services by providing space for
adoptable animals on a weekly basis.
Analysis:Increased adoptions positively affect our live release rate.
Financial Impact:N/A
Alternatives:Disapprove motion
Recommendation:Approve motion
Funds are Available
in the Following
Accounts:
No matching funds required
REVIEWED AND APPROVED BY:
Finance.
Cover Memo
Law.
Administrator.
Clerk of Commission
Cover Memo
1 PetSmart Charities, Inc. – CONFIDENTIAL INORMATION Master Support Agreement v20150227.18
MASTER SUPPORT AGREEMENT
THIS MASTER SUPPORT AGREEMENT including the Program Terms and Conditions attached hereto and incorporated herein
by this reference (collectively, the “Agreement”), effective upon full execution (the “Effective Date”), is entered into between PetSmart
Charities, Inc., an Arizona nonprofit corporation and Internal Revenue Code (“Code”) Section 501(c)(3) tax-exempt public charity,
whose address is 19601 N. 27th Avenue, Phoenix, AZ 85027 (“Charities”), and City of Augusta, whose address is 530 Greene Street,
Augusta, GA 30901 (“Organization”). Charities and Organization are sometimes referred to herein collectively as the “Parties” and
each individually as a “Party”.
GENERAL TERMS AND CONDITIONS
Section 1.1 Statements of Terms. Charities agrees to provide certain support to Organization, and Organization agrees
to the terms and conditions of such support as described in this Agreement and the Statement of Terms (and any exhibits or schedules
attached thereto) (the “Statement of Terms”) attached hereto (or entered into separately) and incorporated herein by this reference.
Statements of Terms shall designate the particular type of support to be provided to Organization (the “Program”) and may be added
or terminated from time to time without affecting the continued validity of this Agreement. In the event there are any inconsistent,
contrary, or conflicting terms contained in any Statement of Terms and this Agreement, this Agreement shall control. The Initial
Statement of Terms may be attached hereto as Exhibit A.
Section 1.2 Term and Termination.
(a) Term. Except as otherwise set forth in this Agreement, this Agreement shall remain in full force and effect
until terminated by either Party as set forth herein.
(b) Termination by Organization. Except as otherwise set forth in this Agreement, and unless any Statement of
Terms remains in effect, Organization may terminate this Agreement at any time, with or without cause, following ninety (90) days
advanced written notice to Charities.
(c) Termination by Charities. Charities may terminate this Agreement at any time with or without cause
following thirty (30) days written notice to Organization, without any further obligation or liability. In the event that Charities, in its
sole and absolute discretion, believes: (i) Organization has not complied with the terms and conditions of this Agreement or has taken
any action or inaction that does not uphold the spirit of this Agreement; (ii) Organization is involved in any investigation or engaged
in any action that appears to be unprofessional, uncharitable or inappropriate; (iii) Organization ceases to operate on a full-time basis,
becomes or is adjudicated insolvent or bankrupt, or if a receiver or a trustee is appointed for Organization or its property, or if
Organization petitions for reorganization or arrangement under any bankruptcy or insolvency law, or if any assignment is made for
the benefit of Organization’s creditors; (iv) there is any change to the representations made by Organization in this Agreement; (v) the
results of any audit or information contained in any reports are deemed to be unacceptable by Charities; or (vi) Organization has not
complied with the requirements of any other agreement with Charities; then, in addition to such other remedies as may be available
to Charities under this Agreement, at law or in equity, Charities may, in its sole and absolute discretion: (1) immediately terminate this
Agreement; (2) withhold any pending or future payments of funds or provision of support; or (3) revoke immediately any payment of
funds not used in accordance with the Statement of Terms and require Organization to provide a full refund to Charities of all
previously provided funds.
(d) Effect of Termination. Upon termination of this Agreement for any reason, all then outstanding Statements
of Terms shall immediately terminate and all rights and obligations of the Parties shall cease, except for such rights and obligations
that otherwise survive pursuant to this Agreement.
Section 1.3 Licenses.
(a) License by Charities.
(i) If expressly permitted in the Statement of Terms, Charities hereby grants Organization, during the
term of the Statement of Terms, the limited, non-exclusive, revocable right to publish, print, transmit, display or otherwise use the
“PetSmart Charities” name, service mark, and trademark (collectively, the “Marks”), solely for the purpose set forth in the Statement
of Terms. Organization shall use appropriate designations (i.e., SM, TM or ®) with the Marks, as designated by Charities. All benefits
from the use of the Marks by Organization shall inure to Charities, and Organization shall have no rights to the Marks other than the
limited right to use them as set forth herein. Charities shall have the right to inspect Organization’s use of the Marks and any related
promotional material for the purpose of controlling the quality of such material. If in Charities’ sole opinion, the quality of
Organization’s use of the Marks, or related promotions, is unacceptable, Charities shall inform Organization and may require
2 PetSmart Charities, Inc. – CONFIDENTIAL INORMATION Master Support Agreement v20150227.18
Organization to immediately cease use of the Marks. Under no circumstances shall Organization use the Marks to imply that it is
affiliated with Charities (except as expressly contemplated in this Agreement or a Statement of Terms).
(ii) If use of the Marks is not expressly permitted in the Statement of Terms, Organization must obtain
Charities’ advanced written consent to use the Marks, publicize any related promotions, or otherwise disclose the terms of this
Agreement.
(b) License by Organization. Unless otherwise designated in the Statement of Terms, Organization hereby
grants Charities the right to publish, print, transmit, display or otherwise use Organization’s name, logo, and photographs, or any other
representation of Organization related to the Program(s), including, but not limited to, its facilities and activities, via all forms of media
now known or hereafter devised worldwide, in perpetuity, without notice, attribution or compensation to Organization, so long as the
use does not depict Organization in a negative light. Organization agrees to provide and/or obtain such written releases, assignments
or other documents for itself and/or from any third parties (for themselves and/or their pets) as may be necessary to enforce the
rights of Charities granted in this Agreement without any compensation of any kind to Organization or such third parties.
Section 1.4 Publicity. Subject to the requirements of this Agreement or unless otherwise specified in the Statement of
Terms, Organization shall provide Charities the opportunity to be acknowledged or otherwise included in all media materials prepared
by Organization related to the Program(s). Organization shall obtain prior written consent from Charities prior to granting to any third
party entity or individual any publicity or sponsorship rights in connection with Organization’s activities that in any way relate to the
Program(s) or this Agreement. Organization agrees that Charities may require Organization to recognize Charities and/or certain
donors to Charities in Charities sole discretion.
Section 1.5 Confidentiality.
(a) By virtue of this Agreement, each Party may have access to information that is confidential to the other
Party. “Confidential Information” is information that, by its nature, should be treated as proprietary and confidential or that a
reasonable person should conclude is confidential, which is disclosed by one Party to the other Party orally, electronically or in a
tangible form, that is related to this Agreement, a Statement of Terms or the Parties’ relationship, including without limitation
business, technical, financial data, Program information, forecasts, marketing information, employee and volunteer information,
strategies, general non-public business information, third-party confidential information that the supplying Party has a duty to
maintain as confidential and has so informed the receiving Party of that duty, and other valuable information designated by the
supplying Party as confidential information expressly or by the circumstances in which it is provided. Confidential Information of a
Party shall not include any information that: (i) is or becomes part of the public domain or which is publicly available through no act
or omission of the receiving Party and through no breach of this Agreement; (ii) the receiving Party can demonstrate was known to
the receiving Party at the time of disclosure without an obligation to keep it confidential; (iii) becomes rightfully known to the receiving
Party from another source without restriction on disclosure or use; (iv) the receiving Party can show is independently developed by
the receiving Party without the use of or any reference to Confidential Information; or (v) for which disclosure is required by law,
including open records acts or equivalent freedom of information statutes or acts. At the termination of this Agreement, completion
of the term of Statement of Terms, or upon request, the receiving Party agrees to return or destroy, at the disclosing Party’s election,
any and all Confidential Information.
(b) The Parties agree that, unless otherwise set forth in this Agreement, required by law, or pursuant to the
written consent of the other, the Parties shall not make each other’s Confidential Information available in any form to any third party
for any purpose, except to its own directors, managers, officers, employees, representatives, legal and financial advisors, accountants
and other agents (collectively “Representatives”) having a “need to know” such Confidential Information and who have agreed to be
bound by confidentiality obligations no less restrictive than those under this Agreement. Each receiving Party agrees to be responsible
for any breach of this Agreement by any of its Representatives, and, further, the receiving Party agrees, at its sole expense, to take all
reasonable measures (including, but not limited to, court proceedings) to restrain its Representatives from prohibited or unauthorized
disclosure or use of the Confidential Information. Each Party agrees to take all reasonable steps required to ensure that Confidential
Information is secure and is not disclosed or distributed by its Representatives’ subcontractors in violation of the terms of this
Agreement.
(c) Notwithstanding the foregoing, any Organization application, attachments, reports, this Agreement, any
Statement of Terms and related correspondence and the information contained therein shall become the property of Charities, and
nothing contained herein shall prohibit Charities from maintaining, using and/or disclosing such material or information as it deems
appropriate in its sole discretion. Further, Organization expressly grants permission to Charities or its designees to make inquiries and
discuss with, or request documentation from, third parties about Organization related to Organization’s performance under this
Agreement, or any material obtained by Charities related to Organization.
Section 1.6 Product. If the Organization receives any one or more products, including without limitation, consumable
items and supplies (“Products”) as part of any Program, Organization agrees to comply with any and all federal, state and local laws,
rules, regulations, manufacturer specifications and instructions, and administrative guidance applicable to the possession, storage,
use, consumption and disposal of such Product.
3 PetSmart Charities, Inc. – CONFIDENTIAL INORMATION Master Support Agreement v20150227.18
Section 1.7 Indemnification. Organization shall defend, indemnify and hold harmless Charities and PetSmart, Inc.
(“PetSmart”), including their respective affiliates, directors, officers, managers, employees, representatives, agents, assigns and
successors, for, from and against all costs, claims, losses, liabilities, property damage, bodily injury or death, or intellectual property
infringement (including reasonable attorneys’ fees and expenses), incident to or arising out of Organization’s: (a) breach of this
Agreement or any Statement of Terms; (b) willful misconduct or negligent act(s) or omission(s); (c) violation of applicable law; (d)
participation, or that of any of its dogs, cats, or other animals or pets (the “Animals”) in any Program; (e) possession, storage, use,
consumption and disposal of any Product; and (f) employment and/or worker compensation claim. Notwithstanding the foregoing,
this provision shall not be applicable if Organization is a governmental entity and as such, is prohibited by law from indemnifying
Charities.
Section 1.8 Organization’s Representations. As of the date of this Agreement and the date of signing of any Statement
of Terms, Organization represents to Charities that (a) Organization is either (i) an organization exempt from federal income tax under
Section 501(c)(3) of the Code, (ii) a governmental entity identified in Section 170(c)(1) of the Code that will use the grant for exclusively
public purposes, or (iii) an “Indian tribal government,” as defined under Section 7701(a)(40) of the Code, that is treated as a State
under Section 7871 of the Code and that will use the grant for exclusively public purposes; (b) Organization validly holds and maintains
all licenses, permits, and registrations, and has satisfied all similar requirements, necessary for its lawful operation; (c) Organization is
in compliance with all applicable local, state, tribal and federal laws, regulations and other requirements to which Organization is
subject; (d) Organization is not on any federal terrorism “watch list” and any funds provided to Organization under this Agreement
will be used in compliance with all applicable anti-terrorist financing and asset control laws, statutes and executive orders; (e)
Organization will not use any support provided under this Agreement for lobbying or political activities, or any purpose not described
in Section 501(c)(3) of the Code; and (f) all representations made by Organization in any application and ancillary material are true
and accurate in all material respects. Organization agrees to notify Charities promptly in writing of any change in the information
represented herein.
Section 1.9 Audit. Upon reasonable prior written notice and during normal business hours, at any time during the term
of a Statement of Terms and ending two (2) years thereafter, Charities or its designee may audit the books, records, and/or operations
of Organization to ascertain Organization’s compliance with the terms and conditions of this Agreement. Organization acknowledges
and agrees that any such audit may include, without limitation, (i) an on-site or in person inspection, (ii) observation of Organization’s
facilities and operations, and (iii) personnel interviews, including without limitation, employees and volunteers. Organization will
permit the audit no later than three (3) business days after the date of Charities’ notice, provided however, that in the event Charities
has a bonafide reason to believe, in its sole discretion, that there may be issues related to the welfare of any of Organization’s Animals,
Organization shall permit such audit with no notice. Charities may suspend Organization’s participation in any Program and/or
withhold any funds for such period as it may be reasonable to conduct, and review the results of, any such audit.
Section 1.10 Independent Entities. Nothing in this Agreement shall be construed to create a legal partnership, joint
venture, landlord-tenant, agency, or employee-employer relationship between any of Charities or PetSmart, on the one hand, and
Organization, its employees, volunteers or agents, on the other hand. The Parties agree that Organization is an independent entity
solely responsible for itself, its employees, volunteers, agents, and any of Animals at all times. Each Party shall be solely responsible
for the acts and omissions of its respective officers, agents, servants, employees, representatives and subcontractors during and after
the term of any Statement of Terms. The doctrine of respondeat superior shall not apply as between Organization, on the one hand,
and PetSmart or Charities, or their respective officers, agents, servants, employees, representatives or subcontractors, on the other
hand.
Section 1.11 Equal Opportunity. Organization agrees that it will not discriminate by reason of race, color, creed, religion,
national original, age, sexual orientation, disability, veteran status or gender.
Section 1.12 Governing Law; Legal Fees. This Agreement and any Statement of Terms shall be governed by and
construed in accordance with the laws of the State of Arizona in the United States without regard to conflict of law provisions or
international treaties or conventions, unless prohibited by law. In the event of any dispute under this Agreement, the prevailing Party
will have the right to recover attorneys’ fees, fees of expert witnesses and travel expenses.
Section 1.13 Assignment; Third-Party Beneficiaries. This Agreement shall be binding upon and inure to the benefit of
the Parties and their respective successors and permitted assigns. Organization will not assign or sublicense, in whole or in part, any
of its rights or obligations under this Agreement without the prior written consent of Charities. Nothing in this Agreement shall be
construed to give any third party any legal or equitable right, remedy or claim under or with respect to this Agreement, except that
Charities or any Party’s permitted successor or assign shall be deemed a third-party beneficiary of this Agreement. Notwithstanding
anything herein to the contrary, Charities may freely assign this Agreement in connection with a transfer to a related party or due to
a merger, consolidation, or sale of substantially all of its assets.
Section 1.14 Force Majeure. The Parties shall exercise their best efforts to meet their respective duties and obligations
as set forth in this Agreement and any Statement of Terms, but shall not be held liable for any delay or omission in performance due
to force majeure or other causes beyond their reasonable control, including, but not limited to acts of God, acts of omission, fires,
4 PetSmart Charities, Inc. – CONFIDENTIAL INORMATION Master Support Agreement v20150227.18
strikes, lockouts, national disasters, wars, riots, material or labor restrictions by any governmental authority, transportation problems,
epidemics or public health crises, declaration of a state of disaster or emergency by the federal, state, county, or city government in
accordance with applicable law, and/or any other similar causes.
Section 1.15 Waiver; Severability. The failure of either Party to insist upon the performance of any term or provision of
this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of such
Party’s right to assert or rely upon any such term or right on any future occasion. If any provision of this Agreement is held to be
invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or
impaired. If one or more provisions of this Agreement are held to be unenforceable under applicable laws by a court of competent
jurisdiction, those provisions must be limited or eliminated to the minimum extent necessary and only in the applicable jurisdiction
such that the balance of this Agreement remains enforceable and in full force and effect.
Section 1.16 Survival. All representations, warranties and obligations of Organization in this Agreement shall survive
after the termination date of this Agreement.
Section 1.17 Headings; Construction. Headings and titles used in this Agreement are for reference purposes only and
shall not be deemed a part of this Agreement. This Agreement shall not be construed for or against any Party on the basis of which
Party drafted this Agreement, and each Party had the opportunity to review this Agreement with their respective legal counsel to the
Party’s satisfaction.
Section 1.18 Execution; Counterparts. Charities and Organization each represent that the individuals signing below are
duly authorized to execute this Agreement on behalf of the Party for which they are signing. This Agreement may be executed in one
or more counterparts, each of which shall be deemed an enforceable original of this Agreement, but all of which together shall
constitute one and the same instrument. Facsimile and other electronic signatures shall be as effective and binding as original
signatures.
Section 1.19 Notices. Notices shall be deemed served when received by addressee or, if delivery fails by reason of some
fault or action of the addressee, when tendered for delivery. Either Party may change the notice address or recipient at any time by
providing written notice to the other Party. All notices required or permitted to be given hereunder shall be in writing, reference this
Agreement, and be delivered by hand, prepaid courier, or registered or certified mail, postage prepaid, and addressed to the Party’s
address set forth in this Agreement, and in the case of Charities, to the attention of the Legal Department.
Section 1.20 Entire Agreement. This Agreement constitutes the entire agreement and understanding between the
Parties and supersedes all other prior and contemporaneous communications, discussions, understandings, negotiations,
arrangements and agreements between the Parties, whether written or oral, relating to the subject matter of this Agreement. No
entity is authorized by Charities to make any warranty, representation, or promise different than, or in addition to, the warranties,
representations or promises expressly set forth in this Agreement. This Agreement may be modified or amended only in writing, duly
executed by both Parties.
IN WITNESS WHEREOF, and in consideration of the mutual promises and covenants herein contained, the Parties have caused this
Agreement to be signed by their respective and duly authorized representatives as of the Effective Date set forth above.
“CHARITIES”
PETSMART CHARITIES, INC.
“ORGANIZATION”
CITY OF AUGUSTA
Signature: _____________________________
Signature: _____________________________
Name: ________________________________
Name: ________________________________
Title: _________________________________
Title: _________________________________
Date: _________________________________
Date: _________________________________
5 PetSmart Charities, Inc. – CONFIDENTIAL INORMATION Master Support Agreement v20150227.18
MASTER SUPPORT AGREEMENT
PROGRAM TERMS AND CONDITIONS
The following terms and conditions are in addition to the terms and conditions set forth in the Agreement, are incorporated by
reference in the Agreement, and shall be applicable to any Program designated in any Statement of Terms.
Grants.
(a) Grant Terms. From time to time following execution of this Agreement, Charities may award Organization
a grant (each, a “Grant”) on the terms and conditions set forth in this Agreement and as further specified in the applicable Statement
of Terms. With respect to each Grant, at a minimum the Statement of Terms will include (i) the amount of Grant cash or in-kind goods
or services to be awarded to Organization (the “Grant Funds”); (ii) a description of the in-kind goods or services to be awarded; (iii)
the distribution schedule for the Grant Funds; (iv) the specific purpose(s) for which the Grant Funds may be used by Organization (the
“Grant Purpose”); and (v) the time period during which the Grant Funds will be used by Organization (the “Grant Period”).
(b) Use of Grant Funds. Organization will utilize the Grant Funds only for the Grant Purpose and within the
Grant Period. In the event that Organization cannot use the Grant Funds for the Grant Purpose or within the Grant Period,
Organization must notify Charities immediately. In the event that Organization has previously received any form of grant from
Charities, this Agreement is contingent upon successful performance by Organization under that grant agreement.
(c) Modifications. Upon written request made by the Organization to Charities and in the sole discretion of and
upon written approval by Charities, the Statement of Terms may be amended if such amendment is limited in scope to the following
sections of the Statement of Terms: (a) the Grant Purpose may be amended to reflect adjustments in acceptable use of the Grant
Funds within the overall intended purpose of the funded project, including adjustments in areas of populations being served or
targeted, reallocation of funds across types of expenses and adjustments in acceptable performance metrics (b) the performance time
period may be extended to enable the completion of the funded project; and (c) any reporting obligations may be extended in time
and adjusted to reflect the data available.
(d) Grant Contingencies. The provisions of this Section (d) apply only to Grants which include Grant Funds for
the purposes specified below:
(i) Equipment. If any Grant includes Grant Funds, in whole or in part, for the Grant Purpose of assisting
Organization with the acquisition of any equipment (which may include, but is not limited to, funding equipment for Organization,
assisting Organization with purchasing equipment, or the in-kind grant of equipment to Organization) (in any case, the “Grant
Equipment”), the provisions of this Section (d) shall apply to such Grant. If at any time Organization ceases to use any Grant Equipment
for the Grant Purpose or is otherwise in breach of this Agreement or any Statement of Terms, then, in addition to such other remedies
as may be available to Charities under this Agreement, at law or in equity, Charities may require Organization to immediately transfer
ownership of the Grant Equipment (the “Transfer Option”) to Charities or an organization designated by Charities (in either case, the
“Transferee”) at no cost to Charities or the Transferee. After exercise of the Transfer Option, Organization will cooperate with Charities
and any other Transferee with respect to the transfer of such Grant Equipment to the Transferee. Organization shall be responsible
for any costs and expenses associated with or arising from Organization’s violation of this Agreement, a failure to cooperate with
Charities or any other Transferee in exercising the Transfer Option, and any other costs incurred by its own volition.
(ii) Services. If the Grant includes one or more services (“Services”), the receipt of such Services will
be included in the defined term “Grant Funds” as used in this Agreement and relevant Statement of Terms. Services provided under
any Statement of Terms may be provided directly by Charities or indirectly through a subsidiary, contractor, representative or agent
of Charities. In addition to any terms and conditions imposed by the Statement of Terms, Organization will participate in any program,
technical assistance, training or other Services within the guidelines, procedures and timelines defined by Charities or its authorized
representative. Ongoing or periodic receipt of the Services will be contingent upon Organization’s compliance with all terms,
conditions and reporting requirements in this Agreement and Statement of Terms, as determined by Charities in its sole and absolute
discretion.
(e) In addition to the publicity requirements set forth in the Agreement, in the case of funding for or towards
Grant Equipment, capital improvements, purchases or builds, Organization agrees Charities may require naming or affixing some
object of recognition of Charities or donors to Charities to rooms, equipment, and/or permanent fixtures; creating a donor wall; etc.
Organization further agrees; that if specified in a Statement of Terms, Charities may require naming the building in which Organization
operates. Unless otherwise agreed to by the Parties, such recognition shall remain in place in perpetuity or until removal is requested
by Charities.
(f) Reporting. In addition to any reporting obligations set forth in any Statement of Terms, Charities may
request at any time during the Grant Period, and for two (2) years thereafter, (i) that Organization produce (1) a written report detailing
the Grant Funds expenditures and documentation as may be required by Charities; (2) a written report detailing Organization’s
performance to date related to the Grant Purpose; and (3) any other report or response to evaluation questions or an assessment
6 PetSmart Charities, Inc. – CONFIDENTIAL INORMATION Master Support Agreement v20150227.18
questionnaire as may reasonably be requested; and (ii) certain financial reports which may include, but shall not be limited to audited
and/or unaudited financial statements, and any forms or filings that are required by the Code or any government agency. Organization
will submit such written report to Charities no later than fifteen (15) business days after the date of Charities’ written request.
Organization may also be required, if requested by Charities or as otherwise specified in any Statement of Terms, to participate in
periodic telephone or in-person conferences with Charities or its designee (which shall also be considered a “report” under this
Agreement). Charities may withhold any Grant Funds for such period as it determines may be reasonable to request and review any
report provided for in this Agreement or applicable Statement of Terms, regardless of the form of such report. Any report provided
for in this Agreement or any applicable Statement of Terms shall be provided by Organization in a form and format specified by
Charities.
Sponsorship.
(a) Sponsorship Terms. From time to time following execution of this Agreement, Charities may award a
sponsorship to Organization for a specific limited purpose (such as an event or conference) (each, a “Sponsorship”) on the terms and
conditions set forth in this Agreement and as further specified in the Statement of Terms. With respect to each Sponsorship, at a
minimum the Statement of Terms will include (i) the amount of cash or in-kind goods or services to be awarded to Organization (the
“Sponsored Amount”); (ii) a description of the in-kind goods or services to be awarded; (iii) the distribution schedule for the Sponsored
Amount; (iv) the name and date(s) for the applicable Sponsorship event or conference (the “Sponsored Event”); and (v) any benefits
to be provided by Organization to Charities for the Sponsorship.
(b) Use of Sponsored Amount. Organization will expend the entire Sponsorship Amount granted for the
Sponsored Event within one (1) year of receipt. In the event that Organization cannot use the Sponsored Amount for the Sponsored
Event within one (1) year of receipt, Organization must notify Charities immediately.
(c) Benefits Provided by Organization. Organization shall provide to Charities any benefits that Organization
ordinarily provides to sponsors at the Sponsored Amount sponsorship level including, but not limited to, such benefits as are described
in the Statement of Terms and/or indicated in any Organization sponsorship solicitation materials, whether or not attached hereto or
thereto.
Adoption.
(a) Adoption Terms. From time to time following execution of this Agreement, the Parties may agree for
Organization to participate in Charities’ adoption program (the “Adoption Program”) at one or more locations specified by Charities
(the “Adoption Center”) to help find homes for Animals on the terms and conditions set forth in this Agreement and as further specified
in the Statement of Terms.
(b) Adoption Center. Charities will be responsible for any construction of and necessary maintenance to the
physical facility and fixtures (such as HVAC, appliances, plumbing and electrical system) of the Adoption Center, and for paying all
utility and related costs. Organization shall not pay any rent for use of the Adoption Center. Organization shall commence using the
Adoption Center(s) on the date designated in the Statement of Terms or as otherwise agreed upon by the Parties. Organization
acknowledges and agrees that the availability of the Adoption Center may be subject to certain administrative, regulatory, and/or
contractual requirements, which may delay or prevent Charities from obtaining the location. In the event that the Adoption Center
does not become available or becomes available with modifications or restrictions that Charities determines to be undesirable,
Charities may immediately terminate this Agreement or applicable Statement of Terms with no further obligation.
(c) Adoption Policies. Charities will provide policies, procedures and/or manuals, and may provide certain on-
site training and/or training materials to Organization related to the Adoption Center and Organization’s presence in PetSmart stores
(collectively the “Adoption Policies”). Charities or PetSmart may modify the Adoption Policies in their sole and absolute discretion.
Organization, its employees and volunteers will comply with all such policies, procedures, and/or manuals at all times.
(d) Adoption Center Supplies. Charities may provide, in its sole discretion, certain Products which may include
animal food and cat litter, supplies, or equipment that may be approved by Charities from time to time, in reasonable quantities for
the sole purpose of use for the benefit of pets available for adoption while they are present in the Adoption Center. No Organization
employee or volunteer will be permitted to remove any products, supplies, or equipment from the PetSmart store for use in the
Adoption Center or for any other reason. Organization will not charge Charities or PetSmart any adoption fees or other expenses.
(e) Damage to Adoption Center. Organization will be responsible for any damage to the Adoption Center or
related equipment caused by the Organization, its staff or volunteers. Organization will, at its sole expense, maintain the Adoption
Center in a clean, sanitary and orderly fashion and take preventative action to discourage the spread of communicable diseases among
Animals. Organization is responsible for ensuring that the Adoption Center is clean, fully sanitized and disinfected prior to departure.
(f) Conditions. None of Organization, its employees, volunteers or agents, may, directly or indirectly: (i) during
the term of any Statement of Terms, sell, gift or generally compete with the products and/or services sold by PetSmart (such as
grooming, pet training and veterinary services) or conduct fundraising activities while in the Adoption Center or on PetSmart premises;
7 PetSmart Charities, Inc. – CONFIDENTIAL INORMATION Master Support Agreement v20150227.18
(ii) during the term of any Statement of Terms, interfere in any way with the conduct of the business of PetSmart, Charities or any
customer, tenant or occupant of the PetSmart store or shopping center at any time; (iii) during or after the term of any Statement of
Terms, directly solicit donations from PetSmart customers while they are present at the Adoption Center or on PetSmart premises;
provided, however, that Organization is welcome to collect donations from the public while Organization is onsite performing
adoptions at the Adoption Center if Organization provides its own donation collection canister located where adoptions are being
performed; (iv) during or after the term of any Statement of Terms, disparage (1) PetSmart, Charities, Banfield Pet Hospital, or any
customer, tenant or occupant of the PetSmart store or shopping center; (2) any PetSmart or Charities product, service, employee,
representative, volunteer or agent; or (3) the activities or reputations of any other organization participating in the Adoption Program.
Organization acknowledges and agrees that, in addition to Organization, one or more animal adoption agencies may operate in the
PetSmart store or Adoption Center.
(g) Animal Care and Transport.
(i) Organization shall be fully responsible for populating the Adoption Center with Organization’s
Animals and for properly caring for such Animals at all times, including daily feeding and clean-up unless other arrangements or
schedule has been made with PetSmart for coverage of these tasks. Organization shall retain ownership of each Animal that occupies
the Adoption Center until the adoption process for such Animal is complete.
(ii) Organization must maintain control of its Animals in the Adoption Center at all times. Animals that
are outside the Adoption Center for any reason must be transferred either in a crate or on a lead with one handler to each Animal.
Display of Animals outside of the Adoption Center may be permitted under certain circumstances with prior consent from PetSmart
or Charities. In such case, all Animals shall be confined either in a crate or an exercise pen or on a lead with one handler to each Animal.
(iii) Prior to being transported to the Adoption Center or the PetSmart store, a health and behavior
assessment must be conducted on all Animals; all Animals must be deemed safe for interaction, healthy, spayed or neutered and
adoptable; all Animals must be provided age-appropriate vaccinations in accordance with the Adoption Policies and applicable law;
and Organization shall ensure that all Animals are in compliance with any applicable laws. Organization will offer only healthy, safe
and spayed/neutered Animals for adoption in the Adoption Center or designated adoption areas. Animals showing or previously having
shown any signs of aggression are strictly prohibited from the Adoption Center and PetSmart premises. Organization will isolate
Animals at the first sign of illness or aggression and remove such Animals immediately from the Adoption Center and PetSmart store.
Animals showing signs of aggression may not be brought back to the Adoption Center or PetSmart store for future placement.
(iv) Unless otherwise specified in the Adoption Policies, vaccinating, providing veterinary services or
dispensing any medication to Animals in the Adoption Center or on PetSmart premises is strictly prohibited. At all times while an
Animal is in the Adoption Center, Organization must comply with all licensing, registration and identification laws and requirements
applicable to each such Animal. Organization shall also provide all relevant information to the adopting party necessary for licensing
and registration at the time the Animal is adopted. Organization will maintain all necessary records for such license and registration,
as well as any other records related to any Animal or operation of the Adoption Center that may be required by applicable law.
Organization will provide copies of such records to Charities or PetSmart upon request.
(v) Charities or its designee may require Organization to immediately remove any Animal from the
Adoption Center as may be required in Charities’ sole discretion as may be reasonably necessary to comply with Adoption Policies,
operate the Adoption Program, ensure the safety or well being of any Animal or person, or comply with any applicable law.
Organization hereby authorizes Charities and its designees to take any action with respect to any Animal reasonably necessary or
desirable to operate the Adoption Program, ensure the safety or well being of any Animal, or comply with any applicable law.
(h) Adoption Process.
(i) Subject to this Agreement, the Adoption Policies, and applicable law, Organization will use its own
adoption policies and procedures when offering Animals for adoption at the Adoption Center, and Organization will make the final
decision in the adoption of an Animal. If an adoption is denied, Organization will explain to the denied adopting party why it was
denied and offer alternatives.
(ii) Organization shall not discriminate against any individual in any way, and shall avoid the
perception of discrimination during the adoption process and with respect to adoption fees, ensuring equal opportunity and fair
treatment to all potential adopting parties.
(iii) In addition to any adoption-related document required by Organization, Organization will require,
for each adoption, an adoption release form signed by the adopting party or other documents as may be required from time to time
by Charities. Organization shall maintain all adoption applications and related information as private and confidential; provided,
however, that Charities may require, and Organization agrees to provide, access to such information and all other records related to
an Animal, adopter, or adoption process, in the event an adopting party or PetSmart customer raises an issue concerning such
adoption, and as may otherwise be necessary or appropriate in conjunction with threatened or actual legal proceedings or regulatory
investigations or inspections.
8 PetSmart Charities, Inc. – CONFIDENTIAL INORMATION Master Support Agreement v20150227.18
(i) Additional Adoption Terms for Everyday Adoption Centers. In addition to the Adoption Program terms set
forth in this Agreement, the following shall be applicable if Organization participates in the Everyday Adoption Center Program.
(i) All Animals, prior to being transported to the Adoption Center, must be given an examination and
preliminary health assessment by a licensed veterinarian to ensure each is healthy, spayed or neutered, and adoptable; and all Animals
must be deemed behaviorally safe for adoption and public interaction by an individual trained or certified in an industry accepted
behavior assessment protocol, or another protocol if specifically approved by Charities in writing and in advance, and in Charities’ sole
discretion.
(ii) Organization will provide at least one (1) vehicle to be used to transport Animals between
Organization’s facilities and the Everyday Adoption Center. Organization will be responsible for all costs relating to transportation of
the Animals, including any automobile insurance as described in this Agreement. Animals shall be transported between Organization’s
facility and the Everyday Adoption Center with a frequency and on a schedule as is required to ensure that at all times, the Adoption
Center is populated with Animals for adoption at a level specified in the Adoption Policies or as otherwise specified by Charities,
provided however, that Organization shall comply with all applicable laws and Adoption Policies related to containing Animals in the
Adoption Center.
(iii) Organization is expected to complete a minimum number of adoptions from the Everyday
Adoption Center as may be determined by Charities from time to time or as specified in the Adoption Policies.
(iv) Organization will ensure that the Everyday Adoption Center is appropriately staffed during hours
determined by PetSmart and Charities, and will ensure that its employees and volunteers are available to assist the public during
PetSmart store hours. In the event that the PetSmart store is closed to the public for any reason, Organization shall staff the Everyday
Adoption Center for enough time to ensure appropriate care for all Animals in the Everyday Adoption Center. Organization will be
solely responsible for hiring employees and volunteers to staff the Everyday Adoption Center. In no event shall Organization have
fewer than two (2) employees or one (1) employee and one (1) volunteer (i.e., at least two (2) people at all times) staffing the Everyday
Adoption Center during PetSmart store hours. The Parties and PetSmart must mutually agree in writing at least twenty-four (24) hours
in advance of any changes to the schedule.
(v) If Organization desires to engage in an interstate transport program of any kind, Charities shall
maintain an annual right of first refusal to become the exclusive transport program provider for Organization, unless stipulated
otherwise in Charities’ sole discretion.
(vi) Insurance Organization will maintain, at its sole cost and expense, during the term of this
Agreement and for at least five (5) years thereafter, the following insurance coverage: (a) a commercial general liability insurance
policy with limits for bodily injury, property damage and products liability/completed operations coverage of not less than $1,000,000
per occurrence, with an aggregate limit of not less than $2,000,000, such policies to include contractual liability and contain no
exclusion related to Organization’s compliance status with mandatory or voluntary safety standards of the United States of America;
(b) an automobile liability insurance policy with limits not less than $1,000,000 combined single limit; (c) workers’ compensation
insurance, including coverage for occupational disease, in the benefit amounts required by law, and employer’s liability insurance, with a
limit of liability not less than $1,000,000 per accident; and (d) professional liability - errors and omissions insurance with limits not less
than $2,000,000 per occurrence and an aggregate limit of not less than $5,000,000. Organization will provide additional liability limits
of at least $2,000,000 per occurrence, either through an umbrella or excess policy, such policy to be excess to the underlying
commercial general liability and auto insurance policies. All insurance will be maintained with insurance companies authorized by law
to conduct business in the United States of America and Canada with the financial rating of at least A-VII status, as rated in the most
recent edition of Best's Insurance Reports. The insurance policies will include Charities and PetSmart, Inc. as additional insureds, be
provided on a primary and noncontributory basis and include a waiver of subrogation in favor of Charities and PetSmart, Inc.
Organization will provide to Charities a certificate of insurance or similar binder for each policy evidencing compliance with this
Agreement upon execution of this Agreement, on each anniversary thereafter and upon ten (10) days of written request from
Charities. Organization will send such certificates or binders to certificates@ssg.Petsmart.com. Should any of the above policies be
canceled before the expiration date thereof, notice will be delivered in accordance with the applicable policy provisions. The insurance
coverage provided for in this Agreement will not act to limit Provider's liability under this Agreement. Charities reserves the right to
adjust coverage limits depending on Organization’s risks.
(j) Charities may elect to provide certain “adoption rewards” related to the Adoption Program in accordance
with Charities then-current Adoption Rewards Program, if any, which may be modified or discontinued by Charities in its sole
discretion. Organization agrees to use any such reward for the purpose of furthering an adoption program designed to find homes for
homeless pets, and such reward shall be subject to the Grant Terms and Conditions herein.
(k) Organization Employees and/or Volunteers.
(i) Organization employees must be at least 18 years old. Organization volunteers must be at least 14
years old and properly supervised by the Organization. Volunteers under the age of 18 must be accompanied by and supervised by an
9 PetSmart Charities, Inc. – CONFIDENTIAL INORMATION Master Support Agreement v20150227.18
adult at all times. Organization and all Organization employees and volunteers must maintain a clean, neat and professional
appearance at all times, and conduct themselves in a professional and courteous manner.
(ii) No family members or personal pets of an Organization employee or volunteer may be present at
the Adoption Center during such employee’s or volunteer’s shift, except family members who are also formally volunteering with the
Organization for the specific event or shift.
(iii) Organization shall cause each employee and volunteer working on behalf of Organization in
conjunction with the Adoption Program to sign an agreement with Organization requiring compliance with this Agreement, and
waiving any and all claims and liability against Charities and PetSmart related to the Adoption Program.
(iv) If mutually agreed upon in writing by Organization, Charities, and PetSmart, Charities may, through
its relationship with PetSmart, facilitate use of PetSmart employees to support the Adoption Center, which may include conducting
adoptions, providing care for Animals, and maintaining the facilities. In such event, Organization hereby authorizes Charities and
PetSmart to carry out those activities specified in this Agreement and the Adoption Policies, to the extent necessary to provide such
services. Organization agrees to provide all reasonably necessary training on Organization’s practices necessary to conduct adoptions,
including without limitation, Organization’s adoption standards and fees. If requested by Organization, Organization will provide
access to its shelter management system or other information system, and any licenses required for such use.
(v) In the event Charities or PetSmart has any objection to any Organization employee or volunteer,
Charities or PetSmart shall have the right to require Organization to commence appropriate procedures to remedy the basis of any
such objection. Upon reasonable request, PetSmart or Charities, in its sole discretion, may require the removal of the employee or
volunteer from the Adoption Center.
(vi) Organization agrees not to solicit Charities’ or PetSmart’s employees, former employees,
representatives, former representatives or volunteers during the term of this Agreement and for one (1) year after the date of
termination thereof. Notwithstanding the foregoing, it shall not be deemed a violation of this provision for Organization, Charities or
PetSmart to hire an employee of the other Party who responds to a general advertisement regarding employment opportunities.
10 PetSmart Charities, Inc. – CONFIDENTIAL INORMATION Master Support Agreement v20150227.18
MASTER SUPPORT AGREEMENT – EXHIBIT A
INITIAL STATEMENT OF TERMS
General Terms
Indicate Type of Program(s) Grant X Sponsorship Adoption
Term Start Date: Upon date of full execution End Date: Until terminated
Parties and Contact Information
Organization City of Augusta Charities PetSmart Charities, Inc.
Address 530 Greene Street
Augusta, GA 30901 Address 19601 North 27th Avenue
Phoenix, AZ 85027
Principal
Contact Sharon Broady
Principal
Contact Johnny L. Jenkins Jr.
Tel.
706-790-
6836 Fax Tel. (623) 556-6530 Fax
Grants
Amount of Grant Funds – Cash $2,250.00
Amount of Grant Funds - In-Kind (Fair Market
Value) $ N/A (FMV)
Total Amount of Grant Funds (cash and/or in-
kind) $2,250.00
Description of in-kind goods or services
provided (including equipment, services, etc.)
to Organization (if any) N/A
Distribution Schedule of Grant Funds $2,250.00 in one single installment upon execution
Grant Purpose
The grant award recommendation totals $2,250.00 for City of Augusta, #0379 to host
a 2017 November National Adoption Weekend Event to take place on 11/10/17 thru
11/12/17 at PetSmart Store #0293 with a goal of 45 adoptions. Grant funds will be
used for:
1) Approximately $1,950.00 in marketing for the 2017 November National Adoption
Weekend Event. Marketing and advertising will include:
2) Approximately $300.00 for pet containment and supplies: crates, carriers, exercise
pens for on-site event housing and shelter and necessary day of event pet supplies
including bowls, leads, leashes, and collars.
3) If any grant funds remain after the expenses in items (1) and (2) above are
covered, the remaining grant funds may be used, with written permission from
PetSmart Charities, Inc. toward spay/neuter surgeries for animals to assist in
preparing them for adoption.
Any marketing materials created by the Organization shall be approved by a
PetSmart Charities team member. For all Press Release approvals, please e-mail via
PublicRelations@petsmartcharities.org. For all Marketing material approvals, please
e-mail via petsmartcharitiesmarketing@petsmartcharities.org. Please allow up to 10
business days for approvals.
Grant Period
Start: Upon date of full execution End: Six months after full execution
Sponsorships
11 PetSmart Charities, Inc. – CONFIDENTIAL INORMATION Master Support Agreement v20150227.18
Amount of Cash Grant Funds $
Amount of In-Kind Grant Funds (Fair Market
Value) $ (FMV)
Total Amount of Grant Funds (cash and/or in-
kind) $
Distribution Schedule of Sponsored Amount
Name and Date of Event or Conference
Benefits Provided by Organization (if any)
Adoption
Location (address and/or PetSmart store
number)
Is the Adoption Center an “Everyday
Adoption Center”? Yes No
Start Date
Licenses
Charities’ License of Organization’s Marks as
Identified Below Yes No X
Organization’s License of Charities’ Marks as
Identified Below Yes X No
License Purpose and Duration (if different
from the Term)
Recognition of PetSmart Charities, Inc support of Organization; Promotion of
Organization's participation in PetSmart Charities, Inc. programming (ie. In-Store
adoption programming, grants programming)
Identification of Marks
Organization’s Marks
(a)
(b)
Charities’ Marks
(a) PetSmart Charities®
(b)
Other Requirements
Reporting Requirements
In addition to any reporting requirement set forth in the Master Support Agreement
and/or the In-Store Adoption Partner, the Organization agrees to provide the
following reports to PetSmart Charities in connection with this event grant, on or
before the deadlines set below. PetSmart Charities reserves the right to change the
method and format of how reports are provided.
12 PetSmart Charities, Inc. – CONFIDENTIAL INORMATION Master Support Agreement v20150227.18
Unless otherwise specified, submit all reports via
www.cybergrants.com/petsmartcharities/reports/app. The Impact Reports are
available at http://www.petsmartcharities.org/pro/resources/. The Final Report is
due by 11/12/2017 or no later than 30 days after the completion of the event,
whichever comes sooner.
Failure to timely submit reports as required of this grant may impact your
organization’s future grant eligibility. Please note that failure to submit reports may
lead to additional review of grant activities and expenditures by PetSmart Charities.
Additional Requirements (if any) PetSmart Charities supports established best practices for transport such as those
guidelines included in the Association of Shelter Veterinarians Guidelines for
Standards of Care in Animal Shelters. Organization must operate transport vehicles
within the Association of Shelter Veterinarians (ASV) recommended transport
guidelines.
Commission Meeting Agenda
12/5/2017 2:00 PM
Approve acceptance of the award from The Georgia Emergency Management Agency (GEMA) to the
RCSO through the State Homeland Security Initiative of $44,000.00 to purchase a K-9 transport vehicle.
Department:Approve acceptance of the award from The Georgia Emergency
Management Agency (GEMA) to the RCSO through the State
Homeland Security Initiative of $44,000.00 to purchase a K-9
transport vehicle
Department:Approve acceptance of the award from The Georgia Emergency
Management Agency (GEMA) to the RCSO through the State
Homeland Security Initiative of $44,000.00 to purchase a K-9
transport vehicle
Caption:Motion to approve acceptance of the award from The Georgia
Emergency Management Agency (GEMA) to the RCSO through
the State Homeland Security Initiative of $44,000.00 to purchase a
K-9 transport vehicle. (Approved by Public Safety Committee
November 28, 2017)
Background:The Richmond County Sheriff's Office (RCSO) K-9 unit has
received an award from the Georgia Emergency Management
Agency to replace a vehicle for one of the agency's bomb dogs.
GEMA is allotting $44,000.00 to purchase a vehicle and equip the
vehicle to transport a bomb dog.
Analysis:None
Financial Impact:This is a 100% reimbursable grant. Upon purchasing the vehicle,
RCSO will submit a reimbursement request to GEMA for the
amount.
Alternatives:None
Recommendation:Approve acceptance of the award in the amount of $44,000.00
from GEMA
Funds are Available
in the Following NA -100% Reimbursable from grant Cover Memo
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Commission Meeting Agenda
12/5/2017 2:00 PM
Approve purchase of new uniform for Deputies at the Charles B. Webster Detention Center
Department:Richmond County Sheriffs Office
Department:Richmond County Sheriffs Office
Caption:Motion to approve a request from the Richmond County Sheriff's
Office to purchase uniforms for the deputies at the Charles B.
Webster Detention Center from Uniforms by John at a cost of
$84,039.60. (Bid Item 17-234) (Approved by Public Safety
Committee November 28, 2017)
Background:In January/2017 deputies at the Charles B. Webster Dentition
Center had requested to have a uniform which was more adaptive
to the job function. Presently deputies are issued the RCSO Class
A uniform for use at CBWDC. The new uniform would consist of
a Polo style shirts and 6-pocket Utility style pants. Specifications
were submitted to the Procurement Department and a Request for
Bid was solicited for the uniform. (Bid #17-234) Upon review of
the submitted bids Uniform By John met all specifications.
Analysis:None
Financial Impact:The Richmond County Sheriffs office will use funding from it's
Assets Forfeiture funds to make the initial purchase of the
detention officer uniforms at a total cost of $84,039.60.
Alternatives:None
Recommendation:Approve the purchase of the uniforms for the detention officers at
the CBWDC from Uniforms by John (Bid# 17-234) at a cost of
$84,039.60.
Funds are Available
in the Following
Accounts:
Funds are available in account #211032511-5311410
Cover Memo
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Invitation to Bid
Sealed bids will be received at this office until Tuesday, August 22, 2017 @ 11:00 a.m. for furnishing:
Bid Item #17-234 Charles B. Webster Detention Center Uniform for Augusta, Georgia – Sheriff’s Office
Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of:
Geri A. Sams, Director
Augusta Procurement Department
535 Telfair Street - Room 605
Augusta, Georgia 30901
Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents
may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901.
Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department.
A Mandatory Pre Bid Conference for Bid Item #17-234 will be held on Friday, August 4, 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 Tuesday, August 8, 2017 @ 5:00 P.M. No bid will be accepted by fax, all must be
received by mail or hand delivered.
The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference an
eligible bidder must submit a completed and signed written application to become a local bidder at least thirty (30) days prior to
the date bids are received on an eligible local project. An eligible bidder who fails to submit an application for approval as a local
bidder at least thirty (30) days prior to the date bids are received on an eligible local project, and who otherwise meets the
requirements for approval as a local bidder, will not be qualified for a bid preference on such eligible local project.
No bids may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the
successful bidder.
Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications
prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the
procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies
needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement
Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director.
All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate
committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the
outside of the envelope.
Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department
is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or
inaccurate information upon which to base his qualifications.
Correspondence must be submitted via mail, fax or email as follows:
Augusta Procurement Department
Attn: Geri A. Sams, Director of Procurement
535 Telfair Street, Room 605
Augusta, GA 30901
Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov
No bid will be accepted by fax, all must be received by mail or hand delivered.
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle July 13, 20, 27, August 3, 2017
Metro Courier July 19, 2017
OFFICIAL
Perfect Fit
2049 MLK Jr. Blvd
Augusta, GA 30901
Uniforms By John, Inc.
511 Broad Street
Augusta, GA 30901
Public Safety Outfitters
4268-A Belair Frontage Rd
Augusta, GA 30909
YES YES YES
905491 272348 1180760
YES YES YES
Item
No. 1
Women's
Trouser Unit Price Unit Price Unit Price
1a.size 4 $45.00 $42.90 $45.99
1b.size 6 $45.00 $42.90 $45.99
1c.size 8 $45.00 $42.90 $45.99
1d.size 10 $45.00 $42.90 $45.99
1e.size 12 $45.00 $42.90 $45.99
1f.size 14 $45.00 $42.90 $45.99
1g.size 16 $45.00 $42.90 $45.99
1h.size 20 $45.00 $47.19 $47.99
1i.size 22 $45.00 $47.19 $47.99
1j.size 24 $45.00 $47.19 $47.99
Item
No. 2 Men's Trouser Unit Price Unit Price Unit Price
2a.size 28 $45.00 $42.90 $45.99
2b.size 30 $45.00 $42.90 $45.99
2c.size 32 $45.00 $42.90 $45.99
2d.size 34 $45.00 $42.90 $45.99
2e.size 36 $45.00 $42.90 $45.99
2f.size 38 $45.00 $42.90 $45.99
Bid Item #17-234
Charles B. Webster Detention Center Uniform
for Augusta, Georgia - Georgia-Sheriff's Office
Bid Date: Tuesday, August 22, 2017 @ 11:00 a.m.
Vendors
Total Number Specifications Mailed Out: 42
Total Number Specifications Downloaded (Demandstar):3
Total Electronic Notifications (Demandstar):62
Mandatory Pre-Bid Attendance:6
Total Packages Submitted: 3
Total Noncompliant: 1
Attachment "B"
E-Verify Number
SAVE Form
OFFICIAL
Perfect Fit
2049 MLK Jr. Blvd
Augusta, GA 30901
Uniforms By John, Inc.
511 Broad Street
Augusta, GA 30901
Public Safety Outfitters
4268-A Belair Frontage Rd
Augusta, GA 30909
Vendors
Attachment "B"2g.size 40 $45.00 $42.90 $45.99
2h.size 43 $45.00 $47.19 $45.99
2i.size 46 $45.00 $47.19 $47.99
2j.size 48 $45.00 $47.19
2k.size 50 $45.00 $51.48 $47.99
2l.size 52 $45.00 $51.48 $51.99
2m.size 54 $45.00 $51.48 $51.99
Item
No. 3
Men's Trouser:
Short Rise Unit Price Unit Price Unit Price
3a.size 32 $45.00 $42.90 $49.99
3b.size 34 $45.00 $42.90 $49.99
3c.size 36 $45.00 $42.90 $49.99
3d.size 38 $45.00 $42.90 $49.99
3e.size 40 $45.00 $42.90 $49.99
Item
No. 4 Polo Shirts Unit Price Unit Price Unit Price
4a.size XS $42.00 $39.90 $52.99
4b.size S $42.00 $39.90 $52.99
4c.size M $42.00 $39.90 $52.99
4d.size L $42.00 $39.90 $52.99
4e.size 1 XL $42.00 $39.90 $52.99
4f.size 2 XL $42.00 $47.88 $52.99
4g.size 3 XL $42.00 $47.88 $52.99
4h.size 4 XL $42.00 $55.86 $52.99
4i.size 5 XL $42.00 $59.85 $52.99
4j.size 6 XL $42.00 $59.85 $52.99
The folliowng vendor submitted a statement of "No Bid": Stiches Unlimited
The following vendor did not respond: Keeprs / 110 Bathens West Pkwy / Athens, GA 30606
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RICHMOND COUNTY SHERIFF,S OFFICE
Sheriff Richard Roundtree
Law Enforcement Center
400WaltonWay
Augusta, GA 30901
Phone: 705.821 . 1 000 Fax: 706.821 .1064
October 30,2017
Geri A. Sams, Procurement Director
535 Telfair St. Room 605
Augusta, Ga. 30901
Ref: Bid ltem l7-z34Charles B. Webster Detention Center Uniform Bid
,-:::i-.1
-..,,." :..
Dear Ms. Sams,
Uniforms by f ohn, 511 Broad St. and Perfect Fit,2049 Martin Luther King
Blvd. were asked to submit samples of bid items for inspection. Below is a review of
the inspection process and a recommendation by the Richmond County Sheriffs
Office:
Trousers:
Both vendors meet specs. on the following items:
Fabric, pocket closures, out seam, belt loops, and labels.
Perfect Fit fails to meet specs. on the following items:
Specification
Knife notch front pockets
Waistband minimum of L7 f 8" in width
Yz" Tru-Grip surface area of 55 gauge rubber
for performance, acts to keep shirt tucked in.
Hook and eye closure
Cargo pockets to be minimum 9" deep
Corner flaps cargo pockets mitered corner
flaps
Two inverted pleats on cargo pockets
Pockets to be double stitched
Cause for Reiection
Not present
Less than 1,7 /8" in width
Single silicon strip
Snap closure
Cargo pocket BYz" deep
Corner flaps not mitered
No pleats
No double stitching pockets
RICHMOND COUNTY SHERIFF'S OFFICE
Sheriff Richard Roundtree
Law Enforcement Center
400WaltonWay
Augusta, GA 30901
Phone: 706.821 . 1000 Fax: 706.821 .1064
Leg creases front and back to have silicon
bead
Belt loops to be double stitched
Uniforms by lohn meets specifications as stated for Trousers.
Polo Shirts:
Both vendors meet specs. on the following items:
Star embroidery, shoulder seam, and hem
Perfect Fit fails to meet specs. on the following items:
Specification
L00o/o polyester
Grey (per sample supplied)
Initials "CBWDC" on sleeve (per sample
edge for no-curl performance
L" rib knit welt hem
supplied)
Side panel to extend from end of sleeve to Spandex underarm only
bottom ofhem
Collar to have permanent built-it stays along Button down collars
No bead present on leg
creases
Belt loops not double
Stitched
Cause for Reiection
94% polyester
Color does not match
Sizing and continuous stitch
unacceptable
Rib knit welt hem not
Present
Uniforms by fohn meets specifications as stated for Polo Shirts.
The Sheriffs Office requests that Bid t7-234 be awarded to Uniforms by fohn as
the only bidder meeting specifications of bid package.
Robert Partain
Colonel
RP/ilf
OFFICIAL
/r.9- t4-
,,,,./rrur,i {*
Sample Review #17-234
Chalres B. Webster Detention Center Uniform
for Augusta, Georgia - Georgia-Sheriff's Office
Bid Date: Tuesday, August 22,2017 @ 11:00 a.m.
Vendors
Perfect Fit
2049 MLK Jr. Blvd
Augusta, GA 30901
Uniforms By John
511 Broad St
Augusta, GA 30901
Trouser Comments Comments
Fab+A4:D20ric YES YES
Style: Knife Knotch NO YES
Waisteband -Min2L/2"NO YES
Closure - Hook and Eye Snap - NO YES
Pocket - Knife Knotch NO YES
Club Pocket ?-4/2" deep NO YES
Side Pocket - 8 1/2" deep NO YES
Pocket Closure YES YES
Pleated Pockets NO YES
Corner Mitered Pocket NO YES
Pocket Double Stitch NO YES
Outseam - Double Stitch YES YES
Crease Silicon Bead NO YES
Labels YES YES
Belt loop YE5 YES
Belt Loop double stitch NO YES
Noted that PROSPER Brand
FADES YES - history with pants NO
Polo Shirts Comments Comments
Fabric 94% Polyester - NO 100% Polyster - YES
Color Gray color does not match - NO YES
lnitials Embrodery Not Acceptable - does not match
size - one continous stitch YES
Star Embrodery YES YES
)rqe ranet - unqerarm
in hnflnm Spandex underarm only - NO YES
Collar Button Down - NO YES
Back No - Semi Circle Patch YES
Welt hem sleeve NO YES
Shoulder Seam YES YES
Hem YES YES
Commission Meeting Agenda
12/5/2017 2:00 PM
New Digital Orthophotography Collection
Department:Information Technology
Department:Information Technology
Caption:Motion to approve digital orthophotography and maintenance
agreement with Pictometry International to provide new 2017-
2018 oblique imagery and related software and product support to
Augusta. (Approved by Public Safety Committee November
28, 2017)
Background:Augusta currently uses oblique imagery with our Geographic
Information System (GIS) maps. An oblique image is a digital
aerial photo that is registered to the earth’s surface, taken at an
angle in order to permit the viewing of a building (or property)
from 5 viewpoints: directly above, north, south, east, and west.
Oblique Imagery is useful in that it provides a 360-degree view of
a building from 45-degree elevation. It can be used by the fire
department to explore the best way to attack a fire, the Sheriff’s
Office to determine how to surround a site in a hostage situation
or plan a raid, and by Planning and Zoning and the Tax Assessor’s
Office to review changes in a property or area over time. The
imagery from our previous flyovers has been used by these
departments and others for a variety of purposes.
Analysis:Pictometry was originally selected to provide oblique
orthophotography in 2008. Pictometry subsequently provided
images for 2010, 2011 and again in 2014. Pictometry proposes to
“fly” the city to gather photography in late 2017 and/or early
2018, with all photography being delivered in early 2018 and then
supported for the next two years. In essence, this is simply an
extension of an existing agreement with the same company to
provide new products and services, updated for 2017. The
combination of the multiple years of imagery will provide the Tax
Assessor's Office with a valuable tool for determining where
appraiser resources can be deployed most effectively to gather
property information.
Financial Impact:The project cost for the 2017 flight is $316,678.92, which is
Cover Memo
spread over the three-year contract period. Funds are available in
GL#272015710-5424320.
Alternatives:N/A
Recommendation:Approve revised maintenance agreement with Pictometry
International to provide new 2017 oblique imagery and related
software and product support to Augusta. Year 1: 2017 Capital
Budget $105,559.64 Year 2: 2018 Capital Budget $105,559.64
Year 3: 2019 Capital Budget $105,559.64
Funds are Available
in the Following
Accounts:
The project cost for the 2017 flight is $316,678.92, which is
spread over the three-year contract period. Funds are available in
GL#272015710-5424320.
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Page 1 of 19 Augusta, GA – C1182477 2017-05-09 DD-0001-20160318
AGREEMENT BETWEEN
PICTOMETRY INTERNATIONAL CORP. (“PICTOMETRY”) AND
AUGUSTA, GA (“CUSTOMER”)
1. This order form (“Order Form”), in combination with the contract components listed below:
Section A: Product Descriptions, Prices and Payment Terms
Section B: License Terms:
• Delivered Content Terms and Conditions of Use
• Online Services General Terms and Conditions
• Software License Agreement
Section C: Non-Standard Terms and Conditions
Appendix 1: Photogrammetric Product Specifications
Exhibit A: Augusta GA Required Contract Clauses
(all of which, collectively, constitute this “Agreement”) set forth the entire understanding between Pictometry and Customer with
respect to the subject matter hereof and supersedes all prior representations, agreements and arrangements, whether oral or
written, relating to the subject matter hereof. Any modifications to this Agreement must be made in writing and be signed by
duly authorized officers of each party. Any purchase order or similar document issued by Customer in connection with this
Agreement is issued solely for Customer’s internal administrative purposes and the terms and conditions set forth on any such
purchase order shall be of no force or effect as between the parties.
2. In the event of any conflict among any contract components comprising this Agreement, order of precedence for resolving such
conflict shall be, from highest (i.e., supersedes all others) to lowest (i.e., subordinate to all others): Augusta GA Required
Contract Clauses; Non-Standard Terms and Conditions; Photogrammetric Product Specifications; Product Descriptions, Prices
and Payment Terms; License Terms in order as listed above under the heading ‘Section B: License Terms’; and Order Form.
3. All notices under this Agreement shall be in writing and shall be sent to the following respective addresses:
CUSTOMER NOTICE ADDRESS PICTOMETRY NOTICE ADDRESS
535 Telfair Street
Bldg 2000
25 Methodist Hill Drive
Augusta, GA 30901 Rochester, NY 14623
Attn: Michele Pearman, GIS Manager Attn: Contract Administration
Phone: (706) 821-2843 Phone: (585) 486-0093 Fax: (585) 486-0098
Either party may change their respective notice address by giving written notice of such change to the other party at the other
party’s then-current notice address. Notices shall be given by any of the following methods: personal delivery; reputable express
courier providing written receipt; or postage-paid certified or registered United States mail, return receipt requested. Notice shall
be deemed given when actually received or when delivery is refused.
4. This Agreement, including all licenses granted pursuant to it, shall be binding upon and inure to the benefit of the parties hereto,
their successors and permitted assigns, but shall not be assignable by either party except that (i) Pictometry shall have the right to
assign its right to receive Fees under this Agreement, provided no such assignment shall affect Pictometry's obligations hereunder,
and (ii) Pictometry shall have the right to assign all its rights under this Agreement to any person or entity, provided the assignee
has assumed all of Pictometry's obligations under this Agreement.
5. IN NO EVENT SHALL EITHER PARTY BE LIABLE, UNDER ANY CAUSE OF ACTION OF ANY KIND ARISING OUT
OF OR RELATED TO THIS AGREEMENT (INCLUDING UNDER THEORIES INVOLVING TORT, CONTRACT,
NEGLIGENCE, STRICT LIABILITY, OR BREACH OF WARRANTY), FOR ANY LOST PROFITS OR FOR ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY THE
OTHER PARTY OR OTHERS, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. With respect to any claims that Customer may have or assert against Pictometry on any matter relating to this Agreement, the
total liability of Pictometry shall, in the aggregate, be limited to the aggregate amount received by Pictometry pursuant to this
Agreement.
7. The waiver by either party of any default by the other shall not waive subsequent defaults of the same or different kind.
Page 2 of 19 Augusta, GA – C1182477 2017-05-09 DD-0001-20160318
8. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be
unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this Agreement
shall remain in full force and effect.
9. Pictometry shall not be responsible for any failure on its part to perform due to unforeseen circumstances or to causes beyond
Pictometry's reasonable control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authorities,
fire, weather, floods, accidents, strikes, failure to obtain export licenses or shortages or delays of transportation, facilities, fuel,
energy, supplies, labor or materials. In the event of any such delay, Pictometry may defer performance for a period of time
reasonably related to the time and nature of the cause of the delay.
10. In consideration of, and subject to, payment by Customer of the Fees specified in Section A of this Agreement, Pictometry agrees
to provide Customer with access to and use of the products specified in Section A of this Agreement, subject to the terms and
conditions set forth in this Agreement. Customer hereby agrees to pay the Fees specified in Section A of this Agreement in
accordance with the stated payment terms and accepts and agrees to abide by the terms of this Agreement.
This Agreement shall become effective upon execution by duly authorized officers of Customer and Pictometry and receipt by
Pictometry of such fully executed document, such date of receipt by Pictometry being the “Effective Date.”
PARTIES:
CUSTOMER PICTOMETRY
AUGUSTA, GA PICTOMETRY INTERNATIONAL CORP.
(entity type) a Delaware corporation
SIGNATURE:
\s1\
SIGNATURE:
\s4\
NAME:
\n1\
NAME:
\n4\
TITLE:
\t1\
TITLE:
\cs_4_title\
DATE:
\d1\
EXECUTION DATE:
\d4\
DATE OF RECEIPT (EFFECTIVE DATE):
Page 3 of 19 Augusta, GA – C1182477 2017-05-09 DD-0001-20160318
SECTION A PRODUCT DESCRIPTIONS, PRICES AND PAYMENT TERMS
Pictometry International Corp. ORDER #
25 Methodist Hill Drive C1182477
Rochester, NY 14623
BILL TO SHIP TO
City of Augusta, GA City of Augusta, GA
Michele Pearman, GIS Manager Michele Pearman, GIS Manager
535 Telfair Street
Bldg 2000
Augusta, GA 30901
535 Telfair Street
Bldg 2000
Augusta, GA 30901
(706) 821-2843 (706) 821-2843
pearman@augustaga.gov pearman@augustaga.gov
CUSTOMER ID SALES REP
A116945 nroberso
QTY PRODUCT NAME PRODUCT DESCRIPTION LIST PRICE DISCOUNT
PRICE (%)
AMOUNT
320 AccuPLUS 3in -
CUSTOMER DTM - Per
Sector
Product includes: 3-inch GSD AccuPlus ortho mosaic
tiles (GeoTIFF format), 3-inch GSD oblique frame
images (4-way), 3-inch GSD orthogonal frame images, 3-
inch GSD area-wide ortho mosaic (ECW format), 1-meter
GSD ortho mosaic sector tiles and one area-wide 1-meter
GSD mosaic (ECW format). Orthogonal GSD: 0.25
feet/pixel; Nominal Oblique GSD (all values +/-10%):
Front Line: 0.24 feet/pixel, Middle Line: 0.28 feet/pixel,
Back Line: 0.34 feet/pixel. Ortho-mosaic accuracy: 0.75
ft. RMSE (X or Y); 1.84 ft NSSDA 95%; meets or
exceeds ASPRS Class 1 (1990) at 1"=100'; NMAS Class
1 at 1"=50'. Pricing discounted to reflect use of customer-
provided DTM to support ortho-rectification (subject to
Pictometry testing and validation). Refer to attached terms
and conditions.
Applicable Terms and Conditions: Delivered Content
Terms and Conditions of Use
$645.00 $206,400.00
320 IMAGERY -
COMMUNITY - 4-way
(C5) (9in) - Per Sector
Product includes 9-inch GSD oblique frame images (4-
way), 9-inch GSD orthogonal frame images, 1-meter
GSD ortho mosaic sector tiles and one area-wide 1-meter
GSD mosaic (ECW format). Orthogonal GSD: 0.75
feet/pixel; Nominal Oblique GSD (all values +/-10%):
Front Line: 0.74 feet/pixel, Middle Line: 0.85 feet/pixel,
Back Line: 1.00 feet/pixel.
Applicable Terms and Conditions: Delivered Content
Terms and Conditions of Use
$75.00 $24,000.00
4 FutureView Adv Training Full conference registration to advanced training designed
to maximize deployment. Includes airfare, hotel room for
up to three nights, event registration, and round-trip
airfare up to $500. Customer will be provided with
discount code to complete FutureView registration. (Air
Travel Restrictions - 30 day advance purchase for airfare,
per person round trip airfare at standard coach class rates
through Pictometry's travel provider only.) Must be
redeemed within three years of agreement execution date.
Applicable Terms and Conditions: Order Form
$2,499.00 $9,996.00
1 Pictometry Connect - CA -
100
Pictometry Connect - CA - 100 (Custom Access) provides
up to 100 concurrent authorized users the ability to login
and access the Pictometry-hosted custom imagery
libraries specified elsewhere in this Agreement via a web-
based, server-based or desktop integration. The default
deployment is through web-based Pictometry Connect.
Term commences on date of activation.
License Term: 2 Years
Applicable Terms and Conditions: Online Services
General Terms and Conditions;Software License
Agreement
$6,600.00 $6,600.00
320 Tiles - Standard (9in GSD;
JPG format) Per Sector
Available with corresponding 9" GSD imagery purchase.
9-inch GSD Mosaic Tiles in JPG Format. Tiles are
provided "as is." Refer to Product Parameters for
additional details.
$10.00 $3,200.00
Page 4 of 19 Augusta, GA – C1182477 2017-05-09 DD-0001-20160318
QTY PRODUCT NAME PRODUCT DESCRIPTION LIST PRICE DISCOUNT
PRICE (%)
AMOUNT
Applicable Terms and Conditions: Delivered Content
Terms and Conditions of Use
1 IMAGE Library
Compression - Imagery
Each Additional 50,000
Compression price is per 50k image increment. Licensee
must provide Pictometry with compression ratio within 30
days of related imagery delivery. If ratio not provided,
Pictometry will utilize a default value.
Applicable Terms and Conditions: Delivered Content
Terms and Conditions of Use
$2,500.00 $2,500.00
1 AccuPLUS Project Fee -
CUSTOMER LIDAR
AccuPLUS project fee for projects with customer-
supplied DTM
Applicable Terms and Conditions: Delivered Content
Terms and Conditions of Use
$2,500.00 $1,250.00
(50%)
$1,250.00
320 Mosaic - Area Wide (9in
GSD; MrSID format;
individual) Per Sector
Available with purchase of corresponding tile product.
New processing or re-processing to MrSID of individual
tiles of 9-inch GSD imagery. Tiles are provided "as is."
Refer to Product Parameters for additional details.
Applicable Terms and Conditions: Delivered Content
Terms and Conditions of Use
$0.50 $160.00
1 Electronic Field Study
(EFS)
One copy of Electronic Field Study software, latest
version.
Applicable Terms and Conditions: Software License
Agreement
$0.00 $0.00
2 Media Drive Capacity
931G - Drive Model 1T -
EXTPOWER
External USB 2.0 / eSATA Externally Powered. Delivery
media prices include copying a complete image library
onto media. Sub-warehousing sold separately.
Applicable Terms and Conditions: Order Form
$199.00 $0.00
(100%)
$0.00
1 RapidAccess - Disaster
Response Program
RapidAccess - Disaster Response Program is an
emergency response program offering flights after an
emergency or disaster. Refer to the attached detailed
description of the Disaster Response Program.
Applicable Terms and Conditions: Order Form
$0.00 $0.00
1 AccuPlus Imagery Bundle
with Three (3) Years of
EFS Maintenance &
Support
Includes digital copy of the Licensed Documentation for
the License Software, two (2) End User Training
Sessions, one (1) Advanced User Technical Training, one
(1) Administration / IT Training Session, fifteen (15)
hours of telephone support, one copy of Pictometry
Electronic Field Study (EFS) software, latest version, on
the storage media specified herein, and access to
download updated versions of the EFS Licensed Software
for a period of three years from the initial date of
shipment of the EFS software, along with a copy of the
updated documentation.
Applicable Terms and Conditions: Software License
Agreement
$0.00 $0.00
81,017 ChangeFinder - Change
Detection and Building
Outlines; Digital Parcel
File Provided
Building outlines are created from the most-nadir single-
frame orthogonal image in a specified newer Pictometry
imagery source and classified relative to a specified older
imagery source. EagleView delivers digital building
outlines from the newer imagery source and their
classification attributes in shapefile and geodatabase
formats. Coverage includes only locations specified in a
single, customer-provided digital parcel shapefile.
Parcels in the specified locations must be generally
contiguous. All Pictometry imagery to be used must be
licensed or owned by the customer. Final invoiced
amount will be adjusted for the actual quantity of records
in the parcel file used for production. Use of older non-
Pictometry-sourced imagery requires acceptance in
advance.
Applicable Terms and Conditions: Delivered Content
Terms and Conditions of Use
$0.68 $55,091.56
81,017 ChangeFinder -
PoolFinder Service
The locations of swimming pools are identified and
categroized as "in-ground", "above-ground" or
"undetermined." EagleView delivers digital point
locations of visible pools and their attributes in shapefile
and geodatabase formats. This product is available only
in combination with a Change Detection or Change
Detection and Buidling Outline product. Final invoiced
quantity is the same as for the Change Detection product.
Applicable Terms and Conditions: Delivered Content
Terms and Conditions of Use
$0.08 $6,481.36
Page 5 of 19 Augusta, GA – C1182477 2017-05-09 DD-0001-20160318
QTY PRODUCT NAME PRODUCT DESCRIPTION LIST PRICE DISCOUNT
PRICE (%)
AMOUNT
1 ChangeFinder - Project
Fee
This is a flat fee per project. One project set-up fee is
required for each Change Detection, Change Detection
and Building Outlines, or Building Outline line item in
the order.
Applicable Terms and Conditions: Order Form
$1,000.00 $1,000.00
1 Pictometry
CONNECTAssessment
Pictometry CONNECTAssessment allows a user the
ability to log in and access Pictometry ChangeFinder data
and Pictometry-hosted imagery libraries, which have been
licensed to the Customer and specified elsewhere in this
Agreement, via a web-based application. The number of
concurrent authorized users is specified in Customer’s
existing Connect agreement. Access runs concurrent with
last activation (and scheduled expiration) of the
Customer’s existing Connect account. This offering
requires an active Pictometry CONNECT account.
Applicable Terms and Conditions: Online Services
General Terms and Conditions
$5,000.00 $0.00
(100%)
$0.00
Thank you for choosing Pictometry as your service provider. TOTAL $316,678.92
1Amount per product = ((1-Discount %) * Qty * List Price)
FEES; PAYMENT TERMS
All amounts due to Pictometry pursuant to this Agreement (“Fees”) are expressed in United States dollars and do not include any duties, taxes
(including, without limitation, any sales, use, ad valorem or withholding, value added or other taxes) or handling fees, all of which are in addition to
the amounts shown above and, to the extent applicable to purchases by Customer, shall be paid by Customer to Pictometry without reducing any
amount owed to Pictometry unless documents satisfactory to Pictometry evidencing exemption from such taxes is provided to Pictometry prior to
billing. To the extent any amounts properly invoiced pursuant to this Agreement are not paid within thirty (30) days following the invoice due date,
such unpaid amounts shall accrue, and Customer shall pay, interest at the rate of 1.5% per month (or at the maximum rate allowed by law, if less). In
addition, Customer shall pay Pictometry all costs Pictometry incurs in collecting past due amounts due under this Agreement including, but not
limited to, attorneys' fees and court costs.
Due at Signing $26,389.91
Due at Initial Shipment of Imagery $79,169.73
Due at First Anniversary of Shipment of Imagery $105,559.64
Due at Second Anniversary of Shipment of Imagery $105,559.64
Total Payments $316,678.92
PRODUCT PARAMETERS
ACCUPLUS IMAGERY
Product: AccuPLUS 3in - CUSTOMER DTM - Per Sector
Elevation Source: Customer Provided - New – LiDAR
Coverage Area Format: Shapefile
Leaf: Leaf Off: Less than 30% leaf cover
IMAGERY
Product: IMAGERY - COMMUNITY - 4-way (C5) (9in) - Per Sector
Elevation Source: Public Avail - NED/USGS/GeoBase
Leaf: Leaf Off: Less than 30% leaf cover
STANDARD ORTHO MOSAIC PRODUCTS
Pictometry standard ortho mosaic products are produced through automated mosaicking processes that incorporate digital elevation data with individual Pictometry
ortho frames to create large-area mosaics on an extremely cost-effective basis. Because these products are produced through automated processes, rather than more
expensive manual review and hand-touched corrective processes, there may be inherent artifacts in some of the resulting mosaics. While Pictometry works to minimize
such artifacts, the Pictometry standard ortho mosaic products are provided on an 'AS IS' basis with respect to visible cutlines along mosaic seams resulting from the
following types of artifacts:
i. Disconnects in non-elevated surfaces generally caused by inaccurate elevation data;
ii. Disconnects in elevated surfaces (e.g., roadways, bridges, etc.) generally caused by elevated surfaces not being represented in the elevation data;
iii. Building intersect and clipping generally caused by buildings not being represented in the elevation data;
iv. Seasonal variations caused by images taken at different times during a season, or during different seasons;
v. Ground illumination variations caused by images taken under different illumination (e.g., sunny, high overcast, morning light, afternoon light, etc.) within one
flight day or during different flight days;
vi. Single GSD color variations caused by illumination differences or multiple-aircraft/camera captures;
vii. Mixed GSD color variations caused by adjacent areas being flown at different ground sample distances (GSDs); and
viii. Water body color variations caused by multiple individual frames being used to create a mosaic across a body of water (e.g., lakes, ponds, rivers, etc.).
Other Pictometry products may be available that are less prone to such artifacts than the Pictometry standard ortho mosaic products.
Page 6 of 19 Augusta, GA – C1182477 2017-05-09 DD-0001-20160318
CHANGEFINDER
Product: ChangeFinder - Change Detection and Building Outlines; Digital Parcel File Provided
Data Source – Base: Pictometry Imagery
Data Source Year – Base: 2014
Data Source – Comparison: Pictometry Imagery
Data Source Year – Comparison: 2017
Deck Identification: Marked with a Point
Regional Status Report Requested:
Parameter Changes Prior to commencement of production, Customer may make changes to these product parameters by
providing Pictometry with written authorization (email being acceptable).
Product: ChangeFinder - PoolFinder Service
Data Source – Base: Pictometry Imagery
Data Source Year – Base: 2014
Data Source – Comparison: Pictometry Imagery
Data Source Year – Comparison: 2017
Deck Identification: Marked with a Point
Regional Status Report Requested:
Parameter Changes Prior to commencement of production, Customer may make changes to these product parameters by
providing Pictometry with written authorization (email being acceptable).
CONNECT
Product: Pictometry Connect - CA - 100
Admin User Name: Michele Pearman
Admin User Email: pearman@augustaga.gov
Geofence: GA Richmond
RapidAccess—Disaster Response Program (“DRP”)
Customer is eligible for DRP described below from the Effective Date through the second anniversary of the initial Project delivery. Following
payment to Pictometry of amounts due with respect to each subsequent Project, Customer will be eligible for the then-current DRP for a period of
two years from delivery of such subsequent Project. Customer must be in good-standing with Pictometry to maintain eligibility for DRP.
A. Disaster Coverage Imagery at No Additional Charge – Pictometry will, upon request of Customer and at no additional charge, provide
standard quality imagery of up to 200 square miles of affected areas (as determined by Pictometry) upon the occurrence of any of the following
events during any period Customer is eligible for DRP:
Hurricane: areas affected by hurricanes of Category 2 and higher.
Tornado: areas affected by tornados rated EF4 and higher.
Terrorist: areas affected by damage from terrorist attack.
Earthquake: areas affected by damage to critical infrastructure resulting from earthquakes measured at 6.0 or higher on the Richter scale.
Tsunami: areas affected by damage to critical infrastructure resulting from tsunamis.
B. Discounted Rate – Coverage for areas affected by the events set forth above exceeding 200 square miles will be, subject to Pictometry resource
availability, offered to Customer at the then current DRP rates. Also, coverage for areas affected by hurricanes below Category II, tornadoes
below EF4 or earthquakes rated below 6.0 on the Richter scale will be, subject to Pictometry resource availability, offered to Customer at the
then current DRP rates.
C. Online Services – Use of Pictometry Connect Explorer™ – Pictometry’s DRP includes the use of Connect Explorer for a term of ninety days
from the date of delivery of the DRP imagery. Customer shall have access to the DRP imagery for as long as they maintain an active Connect
account.
Page 7 of 19 Augusta, GA – C1182477 2017-05-09 DD-0001-20160318
SECTION B LICENSE TERMS
PICTOMETRY DELIVERED CONTENT
TERMS AND CONDITIONS OF USE
These Pictometry Delivered Content Terms and Conditions of Use (the “Delivered Content Terms and Conditions”), in combination with the corresponding Agreement
into which these terms are incorporated, collectively set forth the terms and conditions that govern use of Delivered Content (as hereinafter defined) for use within
computing environments operated by parties other than Pictometry. As used in the Delivered Content Terms and Conditions the terms “you” and “your” in uppercase
or lowercase shall mean the Customer that entered into the Agreement into which the Delivered Content Terms and Conditions are incorporated.
1. DEFINITIONS
1.1 “Authorized Subdivision” means, if you are a county or a non-state consortium of counties, any political unit or subdivision located totally or substantially
within your boundaries that you authorize to have access to Delivered Content pursuant to the Delivered Content Terms and Conditions.
1.2 “Authorized System” means a workstation or server that meets each of the following criteria (i) it is owned or leased by you or an Authorized Subdivision, (ii)
it is located within and only accessible from facilities that are owned or leased by you or an Authorized Subdivision, and (iii) it is under the control of and may
only be used by you or Authorized Subdivisions.
1.3 “Authorized User” means any employee of you or Authorized Subdivisions that is authorized by you to have access to the Delivered Content through an
Authorized System.
1.4 “Delivered Content” means the images, metadata, data layers, models, reports and other geographic or structural visualizations or embodiments included in,
provided with, or derived from the information delivered to you by or on behalf of Pictometry pursuant to the Agreement.
1.5 “Project Participant” means any employee or contractor of persons or entities performing services for compensation for you or an Authorized Subdivision that
has been identified by written notice to Pictometry prior to being granted access to Delivered Content and, unless Pictometry expressly waives such requirement
for any individual, has entered into a written agreement with Pictometry authorizing such access.
2. GRANT OF RIGHTS; RESTRICTIONS ON USE; OWNERSHIP
2.1 Subject to the terms and conditions of the Agreement, you are granted nonexclusive, nontransferable, limited rights to:
(a) install the Delivered Content on Authorized Systems;
(b) permit access and use of the Delivered Content through Authorized Systems by:
(i) Authorized Users for performance of public responsibilities of you or Authorized Subdivisions that are to be performed entirely within facilities
of you or Authorized Subdivisions;
(ii) Project Participants under the supervision of Authorized Users for performance of tasks or preparation of materials using only hard copies (or
jpg copies) of Delivered Content solely for fulfilling public responsibilities of you or Authorized Subdivisions to be performed entirely within
facilities of you or Authorized Subdivisions; and
(iii) individual members of the public, but only through Authorized Users and solely for the purpose of making hard copies or jpg copies of images
of individual properties or structures (but not bulk orders of multiple properties or structures) to the individual members of the public requesting
them.
2.2 You may not reproduce, distribute or make derivative works based upon the Delivered Content in any medium, except as expressly permitted in the Delivered
Content Terms and Conditions.
2.3 You may not offer any part of the Delivered Content for commercial resale or commercial redistribution in any medium.
2.4 You may not distribute or otherwise make available any Delivered Content to Google or its affiliates, either directly or indirectly.
2.5 You may not exploit the goodwill of Pictometry, including its trademarks, service marks, or logos, without the express written consent of Pictometry.
2.6 You may not remove, alter or obscure copyright notices or other notices contained in the Delivered Content.
2.7 All right, title, and interest (including all copyrights, trademarks and other intellectual property rights) in Delivered Content in all media belong to Pictometry
or its third party suppliers. Neither you nor any users of the Delivered Content acquire any proprietary interest in the Delivered Content, or any copies thereof,
except the limited use rights granted herein.
3. OBLIGATIONS OF CUSTOMER
3.1 Geographic Data. If available, you agree to provide to Pictometry geographic data in industry standard format (e.g., shape, DBF) including, but not limited
to, digital elevation models, street centerline maps, tax parcel maps and centroids, which data, to the extent practicable, shall be incorporated into the Delivered
Content. You agree that any of this data that is owned by you may be distributed and modified by Pictometry as part of its products and services, provided
that at no time shall Pictometry claim ownership of that data.
3.2 Notification. You shall (a) notify Pictometry in writing of any claims or proceedings involving any of the Delivered Content within ten (10) days after you
learn of the claim or proceeding, and (b) report promptly to Pictometry all claimed or suspected defects in Delivered Content.
3.3 Authorized User Compliance. You shall at all times be responsible for compliance by each Authorized User with the Delivered Content Terms and
Conditions.
3.4 Authorized Subdivision Compliance. You shall at all times be responsible for compliance by each Authorized Subdivision with the Delivered Content Terms
and Conditions.
3.5 Project Participants. Each notice to Pictometry identifying a potential Project Participant shall include a detailed description of the scope and nature of the
Project Participants’ planned work and the intended use of the Delivered Content in such work. Pictometry retains the right to restrict or revoke access to
Delivered Content by any Project Participant who does not comply with the terms of the Delivered Content Terms and Conditions.
4. LICENSE DURATION; EFFECT OF TERMINATION
4.1 Term. The license granted to you in the Delivered Content Terms and Conditions is perpetual, subject to Pictometry’s right to terminate the license in the
event you do not pay in full the Fees specified elsewhere in the Agreement, the Agreement is terminated for any reason other than a breach of the Agreement
by Pictometry, or as otherwise provided in the Agreement.
4.2 Effect of Termination. Upon termination of the license granted to you in the Delivered Content Terms and Conditions, you shall immediately cease all use
of the Delivered Content, promptly purge all copies of the Delivered Content from all workstations and servers on which any of it may be stored or available
at the time, and return hard drive/media containing Delivered Content to Pictometry.
5. TRADEMARKS; CONFIDENTIALITY
Page 8 of 19 Augusta, GA – C1182477 2017-05-09 DD-0001-20160318
5.1 Use of Pictometry’s Marks. You agree not to attach any additional trademarks, trade names, logos or designations to any Delivered Content or to any copies
of any Delivered Content without prior written approval from Pictometry. You may, however, include an appropriate government seal and your contact
information so long as the seal and contact information in no way obscure or deface the Pictometry marks. You further agree that you will not use any
Pictometry trademark, trade name, logo, or designation in connection with any product or service other than the Delivered Content. Your nonexclusive right
to use Pictometry’s trademarks, trade name, logos, and designations are coterminous with the license granted to you in the Delivered Content Terms.
5.2 Confidentiality of Delivered Content. The Delivered Content consists of commercially valuable, proprietary products owned by Pictometry, the design and
development of which reflect an investment of considerable time, effort, and money. The Delivered Content is treated by Pictometry as confidential and
contains substantial trade secrets of Pictometry. You agree that you will not disclose, provide a copy of, or disseminate the Delivered Content (other than as
expressly permitted in the Delivered Content Terms and Conditions) or any part thereof to any person in any manner or for any purpose inconsistent with the
license granted to you in the Delivered Content Terms and Conditions. You agree to use your best efforts to assure that your personnel, and any others afforded
access to the Delivered Content, protect the Delivered Content against unauthorized use, disclosure, copying, and dissemination, and that access to the
Delivered Content and each part thereof will be strictly limited.
6. LIMITED WARRANTY; DISCLAIMER OF WARRANTIES
6.1 Limited Warranties; Exclusive Remedy. Pictometry warrants that the Delivered Content will contain true and usable copies of the designated imagery as
of the date of capture. As the sole and exclusive remedy for any breach of the foregoing warranty, Pictometry shall use reasonable efforts to correct any
deficiency that precludes use of the Delivered Content in the manner intended.
6.2 Disclaimer of Other Warranties. Except as provided in Section 6.1, above, THE DELIVERED CONTENT IS PROVIDED TO YOU "AS IS" AND “WITH
ALL FAULTS.” PICTOMETRY MAKES NO OTHER WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED, OR
STATUTORY. ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF PERFORMANCE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND ACCURACY, ARE HEREBY DISCLAIMED AND EXCLUDED BY PICTOMETRY.
6.3 Limitation of Liability. With respect to any other claims that you may have or assert against Pictometry on any matter relating to the Delivered Content, the
total liability of Pictometry shall, in the aggregate, be limited to the aggregate amount received by Pictometry in payment for Delivered Content during the
immediately preceding twenty-four (24) month period.
7. MISCELLANEOUS PROVISIONS
7.1 Restricted Rights. Delivered Content acquired with United States Government funds or intended for use within or for any United States federal agency is
provided with “Restricted Rights” as defined in DFARS 252.227-7013, Rights in Technical Data and Computer Software and FAR 52.227-14, Rights in Data-
General, including Alternate III, as applicable.
7.2 Governing Law. This License Agreement shall be governed by and interpreted in accordance with the laws of the State of New York, excluding its
conflicts of law principles.
____________________________________________________
[END OF DELIVERED CONTENT TERMS AND CONDITIONS]
Page 9 of 19 Augusta, GA – C1182477 2017-05-09 DD-0001-20160318
SECTION B LICENSE TERMS
PICTOMETRY ONLINE SERVICES
GENERAL TERMS AND CONDITIONS
These Pictometry Online Services General Terms and Conditions (the “General Terms and Conditions”), in combination with the corresponding Pictometry order form,
if any, collectively constitute the license agreement (the “License Agreement”) that governs your use of the Pictometry online services (the “Online Services”), the
images available in the Online Services, and all associated metadata and data layers included in, provided with, or derived from those images (the “Licensed Content”)
provided by Pictometry International Corp. and its affiliated companies (collectively, “Pictometry”). The terms “you” and “your” in uppercase or lowercase shall mean
the individual, entity (e.g., corporation, limited liability company, partnership, sole proprietor, etc.) or government agency entering into the License Agreement.
1. GRANT OF RIGHTS; RESTRICTIONS ON USE; OWNERSHIP
1.1 You are granted a nonexclusive, nontransferable, limited right to access and use the Online Services and the Licensed Content obtained or derived from the
Online Services solely for your internal business purposes and not for resale or redistribution. The rights granted to you include, subject to the restrictions set
forth below and on the Order Form, the right to copy limited portions of the Licensed Content onto your computer to facilitate preparation of hardcopies and
work product records, and the right to make hardcopies of the Licensed Content, provided that the Licensed Content and the permitted copies thereof may
not be sold, leased, loaned, distributed, or copied for use by anyone other than you.
1.2 You may not make the Online Services available to any other party.
1.3 You may not copy the Licensed Content or portions thereof onto any computer or storage device or media for the purpose of creating or maintaining one or
more databases of that content for use in substitution for subsequent access to the content through the Online Services.
1.4 You may not distribute or otherwise make available any Licensed Content to Google or its affiliates, either directly or indirectly.
1.5 You may not exploit the goodwill of Pictometry, including its trademarks, service marks, or logos, without the express written consent of Pictometry.
1.6 You may not remove, alter or obscure copyright notices or other notices contained in the Licensed Content.
1.7 You may not offer any part of the Online Services or the Licensed Content for commercial resale or commercial redistribution in any medium.
1.8 You may not use the Online Services or the Licensed Content to compete with any businesses of Pictometry.
1.9 You may not use information included in the Online Services or the Licensed Content to determine an individual consumer's eligibility for (a) credit or
insurance for personal, family, or household purposes; (b) employment; or (c) a government license or benefit. The term “consumer” is defined in the United
States Fair Credit Reporting Act at 15 USC §1681.
1.10 You may not access the Online Services via mechanical, programmatic, robotic, scripted or any other automated means. Unless otherwise agreed by
Pictometry in writing, use of the Online Services is permitted only via manually conducted, discrete, human-initiated individual search and retrieval
activities.
1.11 All right, title, and interest (including all copyrights, trademarks and other intellectual property rights) in the Online Services and the Licensed Content in all
media belong to Pictometry or its third party suppliers. Neither you nor any users of the Online Services or the Licensed Content acquire any proprietary
interest in the Online Services, the Licensed Content, or any copies thereof, except the limited use rights granted herein.
2. ACCESS TO SERVICES
2.1 Only you, your employees, and temporary or contract employees dedicated to performing work exclusively for you (each, an “Eligible User” and
collectively, the “Eligible Users”) are eligible to access and use the Online Services and the Licensed Content pursuant to the License Agreement. Each
Eligible User to be provided access to the Online Service shall be assigned a unique login/password (“Pictometry Credential”) for purposes of accessing the
Online Services. You agree that each Pictometry Credential shall only be used by the Eligible User to whom it was originally assigned and that Pictometry
Credentials may not be shared with, or used by, any other person, including other Eligible Users. You will promptly deactivate an Eligible User’s
Pictometry Credential in the event the Eligible User no longer meets the eligibility requirements or you otherwise wish to terminate the Eligible User’s
access to the Online Services. You are responsible for all use of the Online Services accessed with Pictometry Credentials issued to your Eligible Users,
including associated charges, whether by Eligible Users or others. You will use reasonable commercial efforts to prevent unauthorized use of Pictometry
Credentials assigned to your Eligible Users and will promptly deactivate any Pictometry Credentials you suspect are lost, stolen, compromised, or misused.
2.2 The Online Services, the Licensed Content, and features and functionality within the Online Services may be enhanced, added to, withdrawn, or otherwise
changed by Pictometry without notice.
2.3 You are aware and understand that any user data collected or stored by the Online Services may be accessed by US law enforcement agencies under the US
PATRIOT Act. You hereby release, and agree to hold Pictometry harmless from, all claims against Pictometry with respect to such access.
3. DISCLAIMERS
3.1 The Online Services and the Licensed Content are provided for visualization purposes only, are not authoritative or definitive, and do not constitute
professional engineering or surveying services.
3.2 The Online Services and the Licensed Content are not to be relied upon to precisely locate or determine property boundaries and should not be used in lieu
of a professional survey where the accuracy of measurements, distance, height, angle, area and volume, may have significant consequences.
3.3 All measurements and reports generated by the Online Services or from the Licensed Content are based upon second order visualization and measurement
data that do not provide authoritative or definitive measurement results suitable for professional engineering or surveying purposes.
3.4 Contour information obtained from the Online Services or contained in the Licensed Content is generated from undersampled elevation data, is provided for
informational purposes only, and is not suitable for use as the basis for hydrographic computations, estimations or analyses.
3.5 While the Online Services and the Licensed Content may be considered useful supplements for life critical applications, they are not designed or maintained
to support such applications and Pictometry and its third party suppliers of the Online Services and the Licensed Content hereby disclaim all liability for
damages claims and expenses arising from such use.
3.6 Your reliance on the Online Services and the Licensed Content should only be undertaken after an independent review of their accuracy, completeness,
efficacy, timeliness and adequacy for your intended purpose.
3.7 Pictometry and each third party supplier of any portion of the Online Services or the Licensed Content assume no responsibility for any consequences
resulting from the use of the Online Services or the Licensed Content.
3.8 Pictometry and each third party supplier of any portion of the Online Services or the Licensed Content hereby disclaim all liability for damages, claims and
expenses arising from or in any way related to the accuracy or availability of the Online Services and the Licensed Content.
3.9 By accepting these General Terms and Conditions or by using the Online Services or the Licensed Content, you waive any and all rights you may have
against Pictometry, each third party supplier of any portion of the Online Services or the Licensed Content, and each of their directors, officers, members and
employees, arising out of use of or reliance upon the Online Services or the Licensed Content.
Page 10 of 19 Augusta, GA – C1182477 2017-05-09 DD-0001-20160318
4. LIMITED WARRANTY
4.1 Pictometry represents and warrants that it has the right and authority to make the Online Services and the Licensed Content available to you and your
Eligible Users as authorized expressly by this License Agreement.
4.2 EXCEPT AS OTHERWISE PROVIDED IN SECTION 4.1, THE ONLINE SERVICES AND LICENSED CONTENT ARE PROVIDED ON AN "AS IS",
"AS AVAILABLE" BASIS AND PICTOMETRY AND EACH THIRD PARTY SUPPLIER OF LICENSED CONTENT EXPRESSLY DISCLAIM ALL
OTHER WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
5. LIMITATION OF LIABILITY
5.1 No Covered Party (as defined below) shall be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or
omissions from the Online Services or the Licensed Content, (b) the unavailability or interruption of the Online Services or any features thereof or the
Licensed Content, (c) your or an Eligible User’s use of the Online Services or the Licensed Content, (d) the loss or corruption of any data or equipment in
connection with the Online Services or the Licensed Content, (e) the content, accuracy, or completeness of the Licensed Content, all regardless of whether
you received assistance in the use of the Online Service from a Covered Party, (f) any delay or failure in performance beyond the reasonable control of a
Covered Party, or (g) any content retrieved from the Internet even if retrieved or linked to from within the Online Services.
5.2 "Covered Party" means (a) Pictometry and any officer, director, employee, subcontractor, agent, successor, or assign of Pictometry; and (b) each third party
supplier of any Licensed Content, third party alliance entity, their affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of
any third party supplier of any Licensed Content or third party alliance entity and their affiliates.
5.3 TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF
THE COVERED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE ONLINE SERVICES OR THE
LICENSED CONTENT OR THIS LICENSE AGREEMENT EXCEED THE LESSER OF YOUR ACTUAL DIRECT DAMAGES OR THE AMOUNT
YOU PAID FOR THE ONLINE SERVICES IN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE CLAIM AROSE.
YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE
AGAINST ANY COVERED PARTY.
5.4 TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER YOU NOR THE COVERED PARTIES WILL BE LIABLE FOR
ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE ONLINE
SERVICES, THE LICENSED CONTENT, OR THE FAILURE OF ANY COVERED PARTY TO PERFORM ITS OBLIGATIONS. THE FOREGOING
LIMITATION OF LIABILITY SHALL NOT APPLY TO A PARTY’S INDEMNITY OBLIGATIONS OR YOUR (AND YOUR ELIGIBLE USERS')
INFRINGEMENT OF INTELLECTUAL PROPERTY OR MISAPPROPRIATION OF PROPRIETARY DATA BELONGING TO PICTOMETRY OR ITS
THIRD PARTY SUPPLIERS.
5.5 Notwithstanding anything to the contrary in this Section 5:
(a) If there is a breach of the warranty in Section 4.1 above, then Pictometry, at its option and expense, shall either defend or settle any action and hold you
harmless against proceedings or damages of any kind or description based on a third party’s claim of patent, trademark, service mark, copyright or
trade secret infringement related to use of the Online Services or the Licensed Content, asserted against you by such third party provided: (i) all use of
the Online Services and the Licensed Content was in accordance with this License Agreement; (ii) the claim, cause of action or infringement was not
caused by you modifying or combining the Online Services or the Licensed Content with or into other products, applications, images or data not
approved by Pictometry; (iii) you give Pictometry prompt notice of such claim; and (iv) you give Pictometry the right to control and direct the
investigation, defense and settlement of such claim. You, at Pictometry’s expense, shall reasonably cooperate with Pictometry in connection with the
foregoing.
(b) In addition to Section 5.5(a), if the Online Services, the operation thereof or the Licensed Content become, or in the opinion of Pictometry are likely to
become, the subject of a claim of infringement, Pictometry may, at its option and expense, either: (i) procure for you the right to continue using the
Online Services or the Licensed Content, (ii) replace or modify the Online Services or the Licensed Content so that they become non-infringing; or (iii)
terminate the License Agreement on notice to you and grant you a pro-rata refund or credit (whichever is applicable) for any pre-paid fees or fixed
charges.
(c) The provisions of Sections 5.5(a) and (b) shall constitute your sole and exclusive remedy for the respective matters specified therein.
6. MISCELLANEOUS
6.1 The terms and conditions of this License Agreement may be changed from time to time immediately upon notice to you. If any changes are made to this
License Agreement, such changes will: (a) only be applied prospectively; and (b) not be specifically directed against you or your Eligible Users but will
apply to all similarly situated Pictometry customers using the Online Services. You may terminate this License Agreement upon written notice to
Pictometry if any change to the terms and conditions of this License Agreement is unacceptable to you. For termination to be effective under this Section
6.1, written notice of termination must be provided to Pictometry within 90 days of the effective date of the change. Continued use of the Online Services
following the effective date of any change constitutes acceptance of the change, but does not affect the foregoing termination right. Except as provided
above, this License Agreement may not be supplemented, modified or otherwise revised unless signed by duly authorized representatives of both parties.
Furthermore, this License Agreement may not be supplemented, modified or otherwise revised by email exchange, even if the email contains a printed name
or signature line bearing signature-like font. The foregoing does not prohibit the execution of electronic contracts bearing electronic signatures of authorized
representatives of both parties, provided such signatures include digital certifications or are otherwise authenticated.
6.2 In the event of a breach of this License Agreement by you, any Eligible User or someone using the Pictometry Credential of an Eligible User, Pictometry
may temporarily suspend or discontinue providing access to the Online Services to any or all Eligible Users without notice and Pictometry may pursue any
other legal remedies available to it.
6.3 All notices and other communications hereunder shall be in writing or displayed electronically in the Online Services by Pictometry. Notices shall be
deemed to have been properly given on the date deposited in the mail, if mailed; on the date first made available, if displayed in the Online Services; or on
the date received, if delivered in any other manner. Legal notices to Pictometry should be sent to Pictometry, Attn: General Counsel, 25 Methodist Hill
Drive, Rochester, New York 14623.
6.4 The failure of you, Pictometry, or any third party supplier of the Online Services or any Licensed Content to enforce any provision hereof shall not constitute
or be construed as a waiver of such provision or of the right to enforce it at a later time.
6.5 Neither you nor any Eligible User may assign or otherwise transfer your rights or delegate your duties under this License Agreement without the prior
written consent of Pictometry. Any attempt by you or any Eligible User to assign, transfer or delegate your rights or obligations under this License
Agreement without Pictometry’s consent shall be void, and shall also void the limited license granted to you by this License Agreement. This License
Agreement and any amendment thereto shall be binding on, and will inure to the benefit of the parties and their respective successors and permitted assigns.
6.6 This License Agreement shall be governed by and interpreted in accordance with the laws of the State of New York, excluding its conflicts of law principles.
Unless you are a government entity, in the event that any legal proceedings are commenced with respect to any matter arising under this License Agreement,
Page 11 of 19 Augusta, GA – C1182477 2017-05-09 DD-0001-20160318
the parties specifically consent and agree that the courts of the State of New York or, in the alternative, the Federal Courts located in the State of New York
shall have exclusive jurisdiction over each of the parties and over the subject matter of any such proceedings, and that the venue of any such action shall be
in Monroe County, New York or the U.S. District Court for the Western District of New York, as applicable.
6.7 This License Agreement will be enforced to the fullest extent permitted by applicable law. If any provision of this License Agreement is held to be invalid or
unenforceable to any extent, then (a) such provision will be interpreted, construed and reformed to the extent reasonably required to render it valid,
enforceable and consistent with its original intent and (b) such invalidity or unenforceability will not affect any other provision of this License Agreement.
6.8 Where applicable, each affiliated company of Pictometry and each third party supplier of the Online Services or any Licensed Content has the right to assert
and enforce the provisions of this License Agreement directly on its own behalf as a third party beneficiary.
6.9 In the event of a breach of your obligations under this License Agreement or your payment obligations with respect to access to the Online Services or the
Licensed Content, you agree to pay all of Pictometry's costs of enforcement and collection, including court costs and reasonable attorneys' fees.
6.10 This License Agreement constitutes the entire agreement of the parties with respect to its subject matter and replaces and supersedes any prior written or
verbal communications, representations, proposals or quotations relating to that subject matter.
____________________________________________________
[END OF ONLINE SERVICES GENERAL TERMS AND CONDITIONS]
Page 12 of 19 Augusta, GA – C1182477 2017-05-09 DD-0001-20160318
SECTION B LICENSE TERMS
PICTOMETRY SOFTWARE
LICENSE AGREEMENT
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING THE
SOFTWARE. BY USING THE SOFTWARE, YOU AGREE TO THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS
LICENSE, DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE.
1. GENERAL. The software (“Pictometry Software”) and any written materials that accompany the software (“Documentation”) in any media or form are licensed,
not sold, to you by Pictometry International Corp. ("Pictometry") for use only under the terms of this License. Pictometry reserves all rights not expressly granted
to you in this License.
2. LICENSE. Subject to the terms and conditions of this License, you are granted a limited, non-transferable, terminable, non-sublicenseable, non-exclusive license
to install and use the Pictometry Software and the Documentation (collectively, the “Proprietary Materials”) solely for internal use. Use of the functionality
provided by the Pictometry Software other than for your internal use is prohibited, except with the prior written approval of Pictometry. You may make one copy
of the Pictometry Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright and other proprietary
notices contained in the original. You will not and will not enable others to decompile, reverse engineer, disassemble, attempt to derive the source code of,
decrypt, modify, create derivative works of, or tamper with or disable any security or monitoring features within the Pictometry Software. Any attempt to do so is
a violation of the rights of Pictometry and its licensors.
3. TITLE. The Proprietary Materials are confidential information of, trade secrets of, and are proprietary to Pictometry. Title to the Proprietary Materials is and will
remain in Pictometry and its licensors. All applicable rights to patents, copyrights, trademarks, trade secrets, and other intellectual property rights in the
Proprietary Materials are and will remain in Pictometry and its licensors. You will not assert any right, title or interest in the Proprietary Materials provided to you
under this License, except for the express license granted to you hereunder. You will not remove any copyright or other proprietary notice or legend contained on
or included in any Proprietary Materials and you will reproduce all such information on all copies made hereunder. You will keep the Proprietary Materials free of
all claims, liens and encumbrances.
4. DISCLAIMERS OF WARRANTY. USE OF THE PICTOMETRY SOFTWARE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, THE PICTOMETRY SOFTWARE IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND,
AND PICTOMETRY HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE PICTOMETRY SOFTWARE, WHETHER EXPRESS,
IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A
PARTICULAR PURPOSE. PICTOMETRY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OR PROVIDED BY THE PICTOMETRY
SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE PICTOMETRY SOFTWARE WILL BE UNINTERRUPTED OR
ERROR-FREE, OR THAT DEFECTS IN THE PROPRIETARY MATERIALS WILL BE CORRECTED.
5. LIMITATION OF LIABILITY. IN NO EVENT WILL PICTOMETRY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR
CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA,
BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO YOUR USE OR
INABILITY TO USE THE PICTOMETRY SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT
OR OTHERWISE), EVEN IF PICTOMETRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PICTOMETRY'S
TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING
PERSONAL INJURY) CAUSED BY, ARISING OUT OF OR IN ANY WAY RELATED TO THE PICTOMETRY SOFTWARE EXCEED THE AMOUNT OF
FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL
PURPOSE.
6. TERMINATION. This License will terminate automatically without notice from Pictometry if you fail to comply with any term of this License. Upon the
termination of this License, you will cease all use of the Pictometry Software and destroy all copies, full or partial, of the Proprietary Materials.
7. MISCELLANEOUS PROVISIONS.
A. Restricted Rights. Pictometry Software acquired with United States Government funds or intended for use within or for any United States federal agency is
provided with “Restricted Rights” as defined in DFARS 252.227-7013, Rights in Technical Data and Computer Software and FAR 52.227-14, Rights in
Data-General, including Alternate III, as applicable. Pictometry must be notified in advance of any license grants to United States federal governmental
entities. The Pictometry Software is developed for general use in a variety of applications and is not developed or intended for use in any inherently
dangerous applications or applications that could lead to property damage, personal injury or death. If you use the Pictometry Software in such applications,
then you will be responsible for taking all appropriate fail-safe, backup, redundancy, and other measures to ensure the safe use of the Pictometry Software in
such applications, including but not limited to, in any nuclear, aviation, mass transit, public safety or medical applications.
B. Foreign Trade Restrictions. The parties acknowledge that certain information, software technology, accompanying documentation and technical
information may be subject to United States export control laws. You will not directly or indirectly export or re-export the Pictometry Software in violation of
the Export Administration Regulations of the U.S. Department of Commerce.
C. Governing Law. This License will be governed by and interpreted in accordance with the laws of the State of New York, excluding its conflict of laws
principles.
D. Assignment. You may not assign this License without Pictometry’s prior written consent. Any assignment in violation of this License will be null, void and
of no force and effect. For all purposes under this License, any merger, consolidation, spin-off, acquisition or change-in-control will be deemed an
assignment.
E. Partial Invalidity; Survival. If any provision of this License is held invalid or unenforceable by competent authority, that provision will be construed so as
to be limited or reduced to be enforceable to the maximum extent compatible with the law as it will then appear. The total invalidity or unenforceability of any
particular provision of this License will not affect its other provisions and this License will be construed in all respects as if the invalid or unenforceable provision
were omitted. The provisions of this License that by their nature would survive its termination will survive indefinitely.
Page 13 of 19 Augusta, GA – C1182477 2017-05-09 DD-0001-20160318
F. Force Majeure. Neither party will be liable for any costs or damages due to nonperformance under this License arising out of any cause not within the
reasonable control of such party and without its fault or negligence. Neither party will be liable for any delay or failure in the performance of its obligations
under this License that directly results from any failure of the other party to perform its obligations as set forth in this License.
G. Waiver. No waiver of a breach of any term of this License will be effective unless in writing and duly executed by the waiving party. No such waiver will
constitute a waiver of any subsequent breach of the same or any other term of this License. No failure on the part of a party to exercise, and no delay in
exercising any of its rights hereunder will operate as a waiver thereof, nor will any single or partial exercise by a party of any right preclude any other or
future exercise thereof or the exercise of any other right. No course of dealing between the parties will be deemed effective to modify, amend or discharge
any part of this License or the rights or obligations of any party hereunder.
H. Entire Agreement; Construction. This License contains the entire understanding of the parties with respect to the subject matter hereof and supersedes any
prior or contemporaneous understandings regarding that subject matter. No amendment to or modification of this License will be binding unless in writing
and signed by Pictometry. There are no representations, warranties, or obligations of any party not expressly contained herein. The headings in this License
are for convenience only. They do not constitute a portion of this License and will not be used in any construction of it.
____________________________________________________
[END OF SOFTWARE LICENSE AGREEMENT]
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SECTION C NON-STANDARD TERMS AND CONDITIONS
1. Online Services Eligible Users: Notwithstanding anything in the Online Services General Terms and Conditions incorporated in
this Agreement to the contrary, the terms 'Eligible User' and 'Eligible Users' as defined in those Online Services General Terms and
Conditions shall, for the purposes of this Agreement, also include each 'Authorized User' as that term is defined in the Delivered
Content Terms and Conditions of Use incorporated in this Agreement.
2. Pictometry shall use commercially reasonable efforts to perform image capture in or around December of 2017 weather and air
traffic control permitting.
3. The paragraph in Section A, Page 5 under FEES; PAYMENT TERMS is deleted in its entirety and replaced with the following:
“All amounts due to Pictometry pursuant to this Agreement ('Fees') are expressed in United States Dollars. Customer shall pay
Pictometry all costs Pictometry incurs in collecting past due amounts under this Agreement including, but not limited to, attorneys'
fees and court costs”
4. Pictometry Delivery Content Terms and Conditions of Use: Obligations of Customer Section 3.2 is deleted in entirety and replaced
with the following:
“You shall (a) notify Pictometry in writing of any claims or proceedings involving any of the Delivered Content within thirty (30)
days after you learn of the claim or proceeding, and (b) report promptly to Pictometry all claimed or suspected defects in Delivered
Content.”
5. Pictometry Delivered Content Terms and Conditions of Use Governing Law Section 7.2 is deleted in its entirety and replaced with
the following:
“7.2 Governing Law: This Agreement shall be governed by and interpreted in accordance with the laws of the State of Georgia,
excluding its conflicts of law principals.”
6. Pictometry Software License Agreement Governing Law Section 7C is deleted in its entirety and replaced with the following:
“C. Governing Law. This License will be governed by and interpreted in accordance with the laws of the State of Georgia, excluding
its conflict of laws principles.”
____________________________________________________
[END OF NON-STANDARD TERMS AND CONDITIONS]
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EXHIBIT A – AUGUSTA, GA REQUIRED CONTRACT CLAUSES
1. Georgia Open Records Act: Pictometry acknowledges that this Agreement and certain documentation (collectively
“Records”) may be subject to the Georgia Open Records Act (O.C.G.A. § 50-18-70, et seq.). Should the CITY reasonably
believe that Records, in whole or in part, are non-exempt and are subject to production via a valid, properly submitted request
made under the Georgia Open Records Acts, CITY will promptly notify Pictometry of such request prior to producing any of
the requested Records. Pictometry explicitly reserves the right to object to any such production and to pursue any and all
remedies it has in both law and in equity to prevent the release of such Records. Pictometry may impose a reasonable fee for
the production of records pursuant to the Georgia Open Records Acts and the CITY may require such fee to be paid by the
requestor as permitted by law.
2. Time of Performance: Pictometry shall use commercially reasonable efforts to complete the services covered under and
pursuant to this Agreement as directed by the CITY's Project Administrator by the estimated time frame of project completion
as described in Page 10 to the Agreement, Section C, Non Standard Terms and Conditions No. 1 unless earlier terminated as
provided herein, or as may be modified by mutual written agreement. Pictometry shall perform the Services, within the term
of this Agreement, and in accordance with any schedule of services mutually acceptable to the Parties. .
3. Defective Pricing: To the extent that the pricing provided by Pictometry is erroneous and defective, the parties may, by
agreement, correct pricing errors to reflect the intent of the parties.
4. Specified Excuses for Delay or Non-Performance: Pictometry is not responsible for delay in performance caused by
hurricanes, tornadoes, floods, and other severe and unexpected acts of nature. In any such event, any schedule shall be
adjusted.
5. Termination of the Agreement for Default: Failure of Pictometry, which has not been remedied or waived, to perform or
otherwise comply with a material condition of the Agreement shall constitute default. The CITY may terminate this
Agreement in part or in whole upon written notice to the Pictometry pursuant to this term.
6. Payment Procedures: See Page 5 to Agreement, Section A Fees; Payment Terms.
7. Hold Harmless: See Page 1 to the Order Form, Paragraph 5.
8. Prohibition Against Contingent Fees: Pictometry warrants that no person or selling agency has been employed or retained
to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or
contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by
Pictometry for the purpose of securing business and that Pictometry has not received any non-CITY fee related to this
Agreement without the prior written consent of the CITY. For breach or violation of this warranty, the CITY shall have the
right to annul this Agreement without liability or at its discretion to deduct from the Agreement Price of consideration the full
amount of such commission, percentage, brokerage or contingent fee.
9. Insurance Requirements: Pictometry shall, at all times that this Agreement is in effect, cause to be maintained in force and
effect an insurance policy(s) that will ensure and indemnify the CITY against liability or financial loss resulting from injuries
occurring to persons or property or occurring as a result of any negligent error, act, or omission of Pictometry in performance
of the work during the term of this Agreement.
Pictometry shall submit the insurance policy to the CITY prior to entering into this Agreement and the CITY’s approval shall
be a condition precedent. The CITY will be named as an additional insured with respect to general liability and automobile
liability. The policies shall be written by a responsible company(s), to be approved by the CITY, and shall be noncancellable
except on thirty-(30) days' written notice to the CITY. Such policies shall name the CITY as co-insured, except for worker's
compensation and professional liability policies, and a copy of such policy or a certificate of insurance shall be filed with the
Director at the time of the execution of this Agreement.
10. Governing Law and Venue: The law of the State of Georgia shall govern this Agreement between CITY and Pictometry
with regard to its interpretation and performance, and any other claims related to this agreement.
All claims, disputes and other matters in question between CITY and Pictometry arising out of or relating to the Agreement,
or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. Pictometry, 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.
11. Georgia Prompt Pay Act Not Applicable: The terms of this Agreement supersede any and all provisions of the Georgia
Prompt Pay Act.
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12. Change Order Acknowledgment: Pictometry acknowledges that this Agreement and any changes to it by amendment,
modification, change order or other similar document may have required or may require the legislative authorization of the
Board of Commissioners and approval of the Mayor. Under Georgia law, Pictometry is deemed to possess knowledge
concerning CITY's ability to assume contractual obligations and the consequences of Pictometry's provision of goods or
services to CITY under an unauthorized contract, amendment, modification, change order or other similar document,
including the possibility that Pictometry may be precluded from recovering payment for such unauthorized goods or services.
Accordingly, Pictometry agrees that if it provides goods or services to CITY under a contract that has not received proper
legislative authorization or if Pictometry provides goods or services to CITY in excess of the any contractually authorized
goods or services, as required by CITY's Charter and Code, CITY may withhold payment for any unauthorized goods or
services provided by Pictometry. Pictometry assumes all risk of non-payment for the provision of any unauthorized goods or
services to CITY, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or
services to CITY, however characterized, including, without limitation, all remedies at law or equity." This acknowledgement
shall be a mandatory provision in all CITY contracts for goods and services, except revenue producing contracts.
13. E-Verify Requirements: All contractors and subcontractors entering into contracts with CITY for the physical performance
of services shall be required to execute an Affidavit verifying its compliance with O.C.G.A. § 13-10-91, stating affirmatively
that the individual, firm, or corporation which is contracting with CITY has registered with and is participating in a federal
work authorization program. All contractors and subcontractors must provide their E-Verify number and must be in
compliance with the electronic verification of work authorized programs operated by the United States Department of
Homeland Security or any equivalent federal work authorization program operated by the United States Department of
Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of
1986 (IRCA), P.L. 99-603, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91
and shall continue to use the federal authorization program throughout the contract term. All contractors shall further agree
that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant
to its contract with CITY the contractor will secure from such subcontractor(s) each subcontractor’s E-Verify number as
evidence of verification of compliance with O.C.G.A. § 13-10-91 on the subcontractor affidavit provided in Rule 300-10-01-
.08 or a substantially similar form. All contractors shall further agree to maintain records of such compliance and provide a
copy of each such verification to CITY at the time the subcontractor(s) is retained to perform such physical services.
14. Right to Inspect Premises: CITY may, upon written notice to Pictometry’s legal department, inspect the part of the plant,
place of business, or work site of Pictometry or any subcontractor of VENDOR or subunit thereof which is pertinent to the
performance of any contract awarded or to be awarded by CITY.
15. Local Small Business Language: In accordance with Chapter 10B of the AUGUSTA, GA. CODE, Pictometry expressly agrees
to collect and maintain all records necessary to for CITY to evaluate the effectiveness of its Local Small Business
Opportunity Program and to make such records available to CITY. The requirements of the Local Small Business
Opportunity Program can be found at www.augustaga.gov. In accordance with AUGUSTA, GA. CODE § 1-10-129(d)(7), for
all contracts where a local small business goal has been established, Pictometry is required to provide local small business
utilization reports. Pictometry shall report to CITY the total dollars paid to each local small business on each contract, and
shall provide such payment affidavits, regarding payment to subcontractors as may be requested by CITY. Such documents
shall be in the format specified by the Director of minority and small business opportunities, and shall be submitted at such
times as required by CITY. Failure to provide such reports within the time period specified by CITY shall entitle CITY to
exercise any of the remedies set forth, including but not limited to, withholding payment from Pictometry and/or collecting
liquidated damages. Pictometry does not meet requirements of the Local Small Business Opportunity Program for the
following reasons: its principal place of business is not in Augusta-Richmond County; and its three (3) year average
annual gross receipts exceeds $1.5 million.
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APPENDIX 1 PHOTOGRAMMETRIC PRODUCT SPECIFICATIONS
AccuPlus® Premium Ortho-Mosaic
Product Overview:
Seamless ortho-mosaic produced from individual frames and tiled to customer’s preferred tiling scheme.
Acquisition:
Flight plans will be prepared to capture image frames with nominal 60% forward overlap and nominal 30% sidelap in order to provide sufficient overlap for automatic
aerial triangulation and mitigation of building lean in orthophotography produced. Source imagery will be acquired during times of optimal environmental conditions.
Imagery will generally be captured when solar altitude is 30 degrees or greater and/or by using the most optimal four-hour window, except where capture season offers
significantly longer window. Imagery will be acquired with ground free of snow cover and deciduous vegetation less than 30% of full bloom. Frames with clouds will
be rejected and reflown. Any planned deviation from these conditions imposed by capture window constraints will be discussed with client prior to commencement of
acquisition.
Camera:
Pictometry utilizes its USGS certified, custom designed mapping camera incorporating a Kodak sensor and custom designed photogrammetric lenses. The sensor is
fully calibrated according to Pictometry’s USGS approved calibration process. Pictometry’s sensor provides a dynamic range of 12 bits per band, RGB (resampled to 8
bits during processing).
Ortho-Rectification:
Prior to the production of orthophotography, Pictometry will perform automatic aerial triangulation, utilizing the directly observed Exterior Orientations (EOs) and
ground control points (GCPs), measured by a licensed surveyor, for the purpose of orienting the individual frames for creation of the final ortho imagery. In addition to
the GCPs, sophisticated matching techniques will be employed to automatically create tie points for use in performing a bundle adjustment. Pictometry will utilize best
available Digital Terrain Models, combined with the calibrated camera interior orientations, ground control points, and triangulated EOs to rectify the images. When the
rectification requires a resampling of the source imagery, a cubic convolution method will be utilized.
Mosaic:
Global color balancing will be applied to all orthophotos to create homogeneous orthophotos within the project area. Local adjustments of brightness values, color and
contrast will be performed if needed. There will be no obvious seam edge between two adjacent orthophotos. Mosaic will be created using automated seamline steering,
with manual edits to eliminate feature misalignment caused by seamlines which pass thru features above the elevation surface. Feature alignment across seamlines will
be 3 pixels or better. When possible, seamlines will be steered away from elevated features to improve orthophoto quality. Once the mosaic has been produced, the
imagery will be tiled and named according to the customer provided (or Pictometry generated) schema for delivery.
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SECTOR MAP(S)
Page 19 of 19 Augusta, GA – C1182477 2017-05-09 DD-0001-20160318
Commission Meeting Agenda
12/5/2017 2:00 PM
Providing mandated Cancer Insurance for Firefighters
Department:Fire Department
Department:Fire Department
Caption:Motion to provide lump sum cancer insurance for firefighters as
mandated by HB 146 to be effective January 1, 2018; to approve
the funding for the lump sum cancer insurance in the amount of
$41,454; and to authorize the Mayor to sign the Georgia Interlocal
Risk Management Agency Participation Election Form,
Resolution, and Agreement to provide lump sum cancer insurance.
(Approved by Public Safety Committee November 28, 2017)
Background:House Bill 146 mandates that “on and after January 1, 2018, a
legally organized fire department shall provide and maintain
sufficient insurance coverage on each member of the fire
department who is a firefighter to pay claims for cancer diagnosed
after having served 12 consecutive months as a firefighter with
such fire department . . .” HB 146 has two components: (1) lump
sum coverage; and (2) income replacement coverage. Augusta,
Georgia already provides the requirements for the income
replacement coverage through its current long-term disability
policy with the Standard, which will remain in place. Therefore,
Augusta only needs to obtain the lump sum coverage in order to
be compliant with HB 146. Augusta obtained three (3) quotes:
GMA (underwritten by Hartford Life and Accidental Insurance
Company); CHUBB; and the Standard. GMA is the least
expensive.
Analysis:GMA is an organization already doing business with Augusta,
Georgia providing certain coverages to Augusta employees. The
cost of providing the required limits as set out in House Bill 146,
with GMA is approximately $41,454 per year. This is a mandated
requirement and is effective January 1, 2018.
Financial Impact:$41,454 (already in the 2018 budget).
Alternatives:Deny and self-insure the lump sum cancer insurance.Cover Memo
Recommendation:Approve the motion to provide lump sum cancer insurance for
firefighters as mandated by HB 146 to be effective January 1,
2018; to approve the funding for the lump sum cancer insurance in
the amount of $41,454; and to authorize the Mayor to sign the
Georgia Interlocal Risk Management Agency Participation
Election Form, Resolution, and Agreement to provide lump sum
cancer insurance.
Funds are Available
in the Following
Accounts:
274034110-5121150
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Commission Meeting Agenda
12/5/2017 2:00 PM
Druid Park Improvements (Walton Way to Wrightsboro Road) - Phase II
Department:Engineering
Department:Engineering
Caption:Motion to approve award of Construction Contract to E. R. Snell
Contractor subject to Value Engineering and not to exceed in the
amount of $3,327,317.03 for Transportation Investment Act
(TIA) Project, Druid Park Improvements Project - Phase II as
requested by AED. Award is contingent upon receipt of signed
contracts and proper bonds (ITB 17-244). (Approved by
Engineering Services Committee November 28, 2017)
Background:The Druid Park Improvements Project is on the approved Band 1
list of Richmond County’s Transportation Investment Act of 2010
(aka, TIA, TSPLOST) projects. Project consists of improving
roadway operation, safety, surface drainage, and produce
enhanced multi-modal facilities through the use of context
sensitive design including a new roundabout, landscaped medians,
bicycle lanes and shared-use signage, lighting, and a raised
pedestrian crossing plaza. This project is constructed in two
phases. Phase 1 is completed and included clearing & grubbing
and private utilities relocation. This is phase 2 of the project. The
project phase 2 consists of roadway improvements, drainage
improvements, Curb & Gutter, water & sewer improvements,
sidewalk, traffic signal upgrade, and roundabout.
Analysis:Bids were received on October 5, 2017 with Reeves Construction
being the low bidder. The bid results are as follow:
CONTRACTORS BID 1.Reeves Construction Co $4,033,396.57
2. Beam’s Contracting $4,601,387.14 3. E R Snell Contractor
$3,664,237.03 It is the recommendation of the Engineering
Department to award this project to ER Snell Contractor.
Financial Impact:Funds are available in amount of $3,327,317.03 upon commission
approval. Following is Fund allocation. Project TIA Funds
($1,662,153), and TIA Discretionary Funds ($1,665,164)
Cover Memo
Alternatives:1). Approve award of Construction Contract to E.R. Snell
Contractor subject to Value Engineering and not to exceed in the
amount of $3,327,317.03 for Transportation Investment Act (TIA)
Project, Druid Park Improvements Project - Phase II as requested
by AED. Award is contingent upon receipt of signed contracts and
proper bonds. 2). Do not approve and find alternative to complete
the project and meet TIA project completion schedule.
Recommendation:Approve Alternative Number One.
Funds are Available
in the Following
Accounts:
Project TIA Funds 371-041110-5414110/ T13041219-5414110
$1,662,153 and TIA Discretionary Funds 235-041110 5414110
$1,665,164.
REVIEWED AND APPROVED BY:
Finance.
Procurement.
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 amended:
Section 1: The project is authorized to CPB# 371-041110-T13041219. This request is
to award Construction contract to E. R. Snell Contractor in the amount of
$3,327,317.03 for improving Druid Park Road Improvements Project.
Section 2: The following revenues are anticipated to be available to the Consolidated
Government to complete the project.
724,741$
TIA Discretionary Funds 2,076,691$
2,697,781$
5,499,213$
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
Honorable Hardie Davis, Jr., Mayor
CPB#371-041110-T13041219
Special 1% Sales Tax, Phase VI
TIA Funds
Funds allocation is from TIA Funds and TIA Discretionary Funds.
CAPITAL PROJECT BUDGET
Druid Park Improvements (Walton Way to Wrightsboro Road)
11.15.2017
Augusta-Richmond County, Georgia CPB#371-041110-T13041219
CAPITAL PROJECT BUDGET
Druid Park Improvements (Walton Way to Wrightsboro Road)
CPB AMOUNT ADDITION NEW
SOURCE OF FUNDS CPB REQUEST CPB
SPECIAL 1% SALES TAX, PHASE VI
328-041110-6011110-212828012 ($724,741)($724,741)
TIA Discretionary Funds
235-041110-6011110 ($411,527) ($1,665,164) ($2,076,691)
TIA Funds
371-041110-T13041219 ($1,035,628) ($1,662,153) ($2,697,781)
TOTAL SOURCES: ($2,171,896) ($3,327,317) ($5,499,213)
USE OF FUNDS
ENGINEERING
328-041110-5212115-212828012 $724,741 $724,741
TIA Engineering
235-041110-5212115 $411,527 $1,665,164 $2,076,691
TIA Funds
371-041110-5212115 $1,035,628 $1,662,153 $2,697,781
TOTAL USES: $2,171,896 $3,327,317 $5,499,213
11.15.2017
OFFICIAL
VENDORS Attachment
"B"E-Verify Addendum
1 - 3
SAVE
Form
Bid
Bond
Bid
Price
Compliance
Review
J&B Construction &
Services, Inc.
3550 Gordon Hwy
Grovetown, GA 30813
YES 229939 YES YES YES $4,486,002.65
Non-
Compliant
E.R Snell Contractors
1785 Oak Road
Snelleville, GA 30078
YES 22114 YES YES YES $3,664,237.03 Yes
Reeves Construction
1 Apac Industrial Way
Augusta, GA 30907
YES 48048 YES YES YES $4,033,396.57 Yes
Beam's Contracting
15030 Atomic Road
Beach Island, SC 29842
YES 167300 YES YES YES $4,601,387.14 Yes
Total Number Specifications Mailed Out: 18
Total Number Specifications Download (Demandstar):2
Total Electronic Notifications (Demandstar):183
Mandatory Pre-Bid Conference Attendees:15
Total packages submitted: 4
Total Noncompliant: 1
Bid Item #17-244
Druid Park Improvements (Walton Way to Wrightsboro Road) Phase II
for Augusta Engineering Department
Bid Date:Thursday, October 5, 2017 @ 3:00 p.m
The following vendor has been deemed Non-Compliant for failing to meet good faith efforts: J&B Construction &
Services, Inc.
Page 1 of 1
Invitation to Bid
Sealed bids will be received at this office until Thursday, September 14, 2017 @ 3:00 p.m. for furnishing:
Bid Item #17-244 Druid Park Improvements (Walton Way to Wrightsboro Road) Phase II for Augusta Engineering
Department
Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of:
Geri A. Sams, Director
Augusta Procurement Department
535 Telfair Street - Room 605
Augusta, Georgia 30901
Bid documents may be examined at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta,
GA 30901. Plans and specifications for the project shall be obtained by all prime, subcontractors and suppliers exclusively from
Augusta Blue Print. The fees for the plans and specifications which are non-refundable is $265.00.
It is the wish of the Owner that all businesses are given the opportunity to submit on this project. To facilitate this policy the Owner
is providing the opportunity to view plans online (www.augustablue.com) at no charge through Augusta Blue Print (706 722-6488)
beginning Thursday, August 3, 2017. Bidders are cautioned that submitting a package without Procurement of a complete set are
likely to overlook issues of construction phasing, delivery of goods or services, or coordination with other work that is material to the
successful completion of the project. Bidders are cautioned that acquisition of documents through any other source is not advisable.
Acquisition of documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information
upon which to base his qualifications.
A Mandatory Pre Bid Conference will be held on Wednesday, August 29, 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, August 31, 2017 @ 5:00 P.M. No bid will be accepted by fax, all must be received
by mail or hand delivered.
No bids may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the
successful bidder. A 10% Bid Bond is required to be submitted along with the bidders’ qualifications; a 100% performance
bond and a 100% payment bond will be required for award.
Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications
prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the
procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies
needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement
Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director.
All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate
committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the
outside of the envelope.
Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department
is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or
inaccurate information upon which to base his qualifications.
Correspondence must be submitted via mail, fax or email as follows:
Augusta Procurement Department
Attn: Geri A. Sams, Director of Procurement
535 Telfair Street, Room 605
Augusta, GA 30901
Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov
No bid will be accepted by fax, all must be received by mail or hand delivered.
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle August 3, 10, 17, 24 2017
Metro Courier August 9, 2017
Commission Meeting Agenda
12/5/2017 2:00 PM
East Augusta Roadway and Drainage Improvements Marion Homes Phase
Department:Engineering
Department:Engineering
Caption:Motion to approve award of Construction Contract to Blair
Construction, Inc. in the amount of $5,300,648.93 for East
Augusta Roadway and Drainage Project – Marion Home Phase,
subject to receipt of signed contracts and proper bonds as
requested by AED.(Approved by Engineering Services
Committee November 28, 2017)
Background:The East Augusta Street and Drainage Improvements Project is
SPLOST funded to address flooding and associated roadway
improvements in the East Augusta Area, bounded by East
Boundary Street, the Levee, I-520, and Laney Walker Blvd. This
project is phased out into smaller projects, consisting of East View
Drive Drainage Improvements – Phase I, Aiken Street Channel
Improvements – Phase II, Marion Homes Road and Drainage
Improvements – Phase III, East Telfair Street and Japonica
Avenue Drainage Improvements – Phase IV, Azalea, Albany,
Brunswick, and Wallace Drainage Improvements – Phase V,
Hornsby Subdivision Road and Drainage Improvements - Phase
VI, and East View Subdivision Drainage Improvements – Phase
VII., The drainage system in these areas is not adequate to handle
low frequency rain events, thus causing several streets and yards
to flood.
Analysis:Bids were received on October 10, 2017 with Blair Construction,
Inc. being the low bidder. The bid results are as follow:
CONTRACTORS BID 1.Reeves Construction Company
$5,368,577.35 2.Blair Construction, Inc. $5,300,648.93 It is the
recommendation of the Engineering Department to award this
project to Blair Construction, Inc.
Financial Impact:Funds are available in amount of $5,300,648.93 upon commission
approval. Following is Fund allocation. $3,586,980 (Marion
Homes SPLOSTVII), and $1,781,597.35 (SPLOST V Fund
Balance).
Cover Memo
Alternatives:1). Approve award of Construction Contract to Blair Construction,
Inc. in the amount of $5,300,648.93 for East Augusta Roadway
and Drainage Project – Marion Home Phase, subject to receipt of
signed contracts and proper bonds as requested by AED. 2). Do
not approve and cancel the project.
Recommendation:Approve Alternative Number One.
Funds are Available
in the Following
Accounts:
Project Marion Homes SPLOST VII -$3,586,980.00 and SPLOST
IV Fund Balance - $1,781,597.35
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Augusta-Richmond County, Georgia
CAPITAL PROJECT BUDGET
EAST AUGUSTA STREET AND DRAINAGE IMPROVEMENTS
Capital Project Budget is hereby authorized:
Section 1: This project is authorized to CPB#328-041110-211828101. This project proposes to award
Construction Contract to Blair Construction in the amount of $5,300,648.93 for the East Augusta
SPLOST IV Fund Balance Funds are available in the construction budget account #: East Augusta
Section 2: The following revenues are anticipated to be available to the Consolidated Government to
complete the project.
SPLOST Urban Phase III Recapture $500,000
GDOT STATE AID CONTRACT $450,000
SPLOST PHASE VI $570,000
SPLOST PHASE VI $3,563,563
SPLOST IV Fund Balance $1,781,597
SPLOST VII $3,586,980
$10,452,140
Section3: Copies of this Capital Project Budget shall be made available to the Comptroller for direction in
carrying out this project.
Adopted this ____________________ day of ______________________.
Approved
____________________________________________________________
Original-Commission Council Office
Copy-Engineering Department
Copy-Finance Department
Copy-Procurement Department
CPB#328-041110-211828101
BE IT ORDAINED by the Commission-Council of Augusta-Richmond County, Georgia that the following
Honorable Hardie Davis, Jr., Mayor
Roadway and Drainage and Improvements Project (Marion Homes SPLOST VII), and $1,781,597.35
Augusta Street and Drainage Improvement Project 328-041110-211828101 for $5,300,648.93.
1 of 2 11.16.2010
Augusta-Richmond County, Georgia
CAPITAL PROJECT BUDGET
EAST AUGUSTA STREET AND DRAINAGE IMPROVEMENTS
CPB#328-041110-211828101
CPB AMOUNT CPB NEW
SOURCE OF FUNDS CPB ADDITION CPB
URBAN SPLOST PHASE III RECAPTURE
327-041110-296812333 ($500,000)($500,000)
GDOT STATE AID CONTRACT ($450,000)$450,000
SPLOST PHASE VI ($3,200,000)($3,200,000)
328-041110-5414110-211828101
($933,563)
SPLOST PHASE VI $0
328-041110-5414110-211828102
SPOLST IV FUND BALANCE ($1,781,597) ($1,781,597)
SPLOST PHASE VII ($3,586,980) ($3,586,980)
TOTAL SOURCES:($5,083,563) ($5,368,577) ($10,452,140)
USE OF FUNDS
ENGINEERING
327-04-1110-5212115-209812101 $950,000 $950,000
ENGINEERING
328-04-1110-5212115-211828101
328-04-1110-5414110-211828102 $3,200,000 $3,200,000
ROADS
328-041110-5414110/211828101-5414110 $1,781,597 $1,781,597
ROADS
328-041110-5414110/211828102-5414110 $3,586,980 $3,586,980
328-041110-5414110-211828102 $933,563 $933,563
TOTAL USES:$5,083,563 $5,368,577 $10,452,140
2 of 2 11.16.2010
Commission Meeting Agenda
12/5/2017 2:00 PM
Exterior Painting of the building for Augusta Utilities-C&M department located at 1840 Wylds Rd
Department:Utilities
Department:Utilities
Caption:Motion to approve award of Bid #17-238 for exterior painting for
1840 Wylds Road for Augusta Utilities C & M
Department. (Approved by Engineering Services Committee
November 28, 2017)
Background:The Construction & Maintenance facility on Wylds Road is in
need of exterior painting. Ten bids were received.
Analysis:A & D Painting was the lowest responsive bidder.
Financial Impact:The bid amount is $47,280. Funds are available in 506043410-
5319120.
Alternatives:Do not approve
Recommendation:We recommend award of Bid #17-238 to A & D Painting in the
amount of $47,280.
Funds are Available
in the Following
Accounts:
Funds are available from 506043410-5319120
REVIEWED AND APPROVED BY:
Cover Memo
Invitation to Bid
Sealed bids will be received at this office until Thursday, August 31, 2017 @ 11:00 a.m. for furnishing:
Bid Item #17-238 Utilities Wylds Road Exterior Painting for Augusta, Georgia – Central Service Department – Facility
Maintenance Division
Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of:
Geri A. Sams, Director
Augusta Procurement Department
535 Telfair Street - Room 605
Augusta, Georgia 30901
Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents
may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901.
Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department.
A Mandatory Pre Bid Conference will be held on Tuesday, August 15, 2017, @ 10:00 a.m. in the Procurement Department,
535 Telfair Street, Room 605. A Mandatory Site Visit will follow.
All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office
of the Procurement Department by Thursday, August 17, 2017 @ 5:00 P.M. No bid will be accepted by fax, all must be received
by mail or hand delivered.
No bids may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the
successful bidder. A 10% Bid Bond is required to be submitted along with the bidders’ qualifications; a 100% performance
bond and a 100% payment bond will be required for award.
Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications
prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the
procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies
needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement
Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director.
All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate
committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the
outside of the envelope.
Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement
Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of
receiving incomplete or inaccurate information upon which to base his qualifications.
Correspondence must be submitted via mail, fax or email as follows:
Augusta Procurement Department
Attn: Geri A. Sams, Director of Procurement
535 Telfair Street, Room 605
Augusta, GA 30901
Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov
No bid will be accepted by fax, all must be received by mail or hand delivered.
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle July 20, 27, August 3, 10, 2017
Metro Courier July 26, 2017
OFFICIAL
VENDORS Attachment
"B"E-Verify ADD 1 SAVE
Form
Bid
Bond Bid Price
Winsay, Inc.
PO Box 55
Harlem, GA 30814
YES 494613 YES YES YES $78,000 /
Non-Compliant
Georgia Drywall, LLC.
4499 Columbia Road, Suite 1
Martinez, GA 30802
YES 252075 YES YES YES $40,000 /
Non-Compliant
CMI
1827 Killingsworth
Augusta, GA 30904
YES 225306 YES YES YES NO BID
A&D Painting, Inc.
2016 Tucker Industrial Way
Tucker, GA 30084
YES 44536 YES YES YES $47,280.00
HBJ Enterprises
2124 Pepperidge Drive
Augusta, GA 30906
YES 850893 YES YES
NO /
Non-
Compliant
$45,450.00
Dream Home Painting
2898 Pepperdine Drive
Hephzibah, GA 30815
YES 972274 YES YES
NO /
Non-
Compliant
$65,000.00
Total Number Specifications Mailed Out: 46
Total Number Specifications Download (Demandstar): 6
Total Electronic Notifications (Demandstar): 111
Mandatory Pre-Bid Attendees: 9
Total packages submitted: 6
Total Noncompliant: 4
Bid Opening for Bid Item #17-238
Utilities Wylds Road Exterior Painting for Augusta, GA-
Central Services Department-Facility Maintenance Division
Bid Date:Thursday, August 31, 2017 @ 11:00 a.m.
The following vendors were deemed Non-Compliant for not submitting a Bid Bond:
HBJ Enterprises and Dream Home Painting.
The following vendors were deemed Non-Compliant by the Compliance Department:
Winsay, Inc. and Georgia Drywall, LLC.
The following vendors did not respond:
Daca Specialty Services / 911 Heyes Drive / Augusta, GA 30901
AW Contractors / Richmond Hill Road / Augusta, GA 30901
Certa Pro Painters / 215 Baston Road / Augusta, GA 30907
The Surface Pros / 431 Sandleton Way / Evans, GA 30809
Page 1 of 1
UTILITIES DEPARTMENT
Tom Wiedmeier, P.E. Kelsey Henderson
Director Assistant Director
452 Walker St., Ste. 200
Augusta, GA 30909
MEMO
TO: Geri Sams, Procurement Director
FROM: Tom Wiedmeier
DATE: 10/25/2017
SUBJECT: Bid Item #17-238 Utilities Wylds Road Exterior Painting
We have reviewed the bid tab sheet and submittals received for the above item. We agree with
A&D Painting; Inc. being the only compliant responsive bidder at $ 47,280.
I concur with the recommended award of bid item #17- 238 to the compliant responsive bidder,
A&D Painting; Inc.
Commission Meeting Agenda
12/5/2017 2:00 PM
Intersection Operational and Safety initiative
Department:Engineering
Department:Engineering
Caption:Motion to approve award of Construction Contract to E. R. Snell
Contactor, Inc. in the amount of $2,972,337.64 for Wheeler Rd. at
Aumond Rd and Milledgeville at North Leg Rd roundabouts
Projects, subject to receipt of signed contracts and proper bonds as
requested by AED (ITB #17-251). (Approved by Engineering
Services Committee November 28, 2017)
Background:In SPLOST VI, Augusta created an Intersection Operational and
Safety Initiative project to look at several existing intersections
that are either all-way stop controlled or signalized to determine
the feasibility of the installation of a roundabout at each. The
intersections included in this evaluation included: Wheeler Road
at Aumond Road; Milledgeville Road at North Leg Road; Laney
Walker Boulevard at Druid Park Avenue; and Central Avenue at
Monte Sano Avenue. This project was awarded to Kimley-Horn
and Associates in December 2012 . Traffic studies, concept
development, and public outreach were completed in October
2013 that resulted in developing full design on Wheeler Road at
Aumond Road and Milledgeville Road at North Leg Road
intersections.
Analysis:Bids were received on October 5, 2017 with E R Snell Contractor,
Inc. being the low bidder. The bid results are as follow:
CONTRACTORS BID 1. Reeves Construction Company
$3,249,036.75 2. E R Snell Contractor, Inc. $2,972,337.64 It is the
recommendation of the Engineering Department to award this
project to E R Snell Contactor, Inc. 1. Reeves Construction
Company $3,249,036.75 2. E.R. Snell Contractor, Inc.
$2,972,337.64
Financial Impact:Funds are available in amount of $2,972,337.64 upon commission
approval. Following is Fund allocation. $2,592,268 (LMIG 2016
($1,712,268), 2017 ($440,000) & 2018 ($440,000), and $380,070
(TIA Discretionary).
Cover Memo
Alternatives:1). Approve award of Construction Contract to E R Snell
Contactor, Inc. in the amount of $2,972,337.64 for Wheeler Rd. at
Aumond Rd and Milledgeville at North Leg Rd roundabouts
Projects, subject to receipt of signed contracts and proper bonds as
requested by AED. 2). Do not approve and cancel the project.
Recommendation:Approve Alternative Number One.
Funds are Available
in the Following
Accounts:
LMIG $2,592,268 - 2016 ($1,712,268), 2017 ($440,000) & 2018
($440,000), and TIA Discretionary $380,070.
REVIEWED AND APPROVED BY:
Finance.
Procurement.
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 amended:
Section 1: The project is to award the Construction Contract to E. R. Snell Contractor, Inc
in the amount of $2,297,337.64 for Wheeler Rd at Aumond Rd and Milledgeville
at North Leg Rd roundabouts projects.
Section 2: The following revenues are anticipated to be available to the Consolidated
Government to complete the project.
300,000$
15,000$
82,946$
409,741$
TIA Funds 328,581$
LMIG 2016 1,712,268$
LMIG 2017 440,000$
LMIG 2018 440,000$
TIA Discretionary 380,070$
4,108,606$
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
_________________________________________________
Mayor Hardie Davis, Jr.
Original-Commission Council Office
Copy-Engineering Department
Copy-Finance Department
Copy-Procurement Department
Special 1% Sales Tax, Phase VI
CPB#328-041110-212828014
Special 1% Sales Tax, Phase VI
Special 1% Sales Tax, Phase VI
TIA Funds
CAPITAL PROJECT BUDGET
INTERSECTION SAFETY ROUNDABOUT
CHANGE NUMBER FIVE
1.7.2014
Augusta-Richmond County, Georgia CPB#328-041110-212828014
CAPITAL PROJECT BUDGET
INTERSECTION SAFETY ROUNDABOUT
CHANGE NUMBER FIVE
CPB AMOUNT ADDITION NEW
SOURCE OF FUNDS CPB REQUEST CPB
SPECIAL 1% SALES TAX, PHASE VI
328-04-1110-6011110-212828012 ($724,741)($724,741)
TIA Funds
235-041110-6011110 ($411,527)($411,527)
LMIG 2016
335-041110 ($1,712,268) ($1,712,268)
LMIG 2017 ($440,000) ($440,000)
335-041110
LMIG 2018 ($440,000) ($440,000)
335-041110
TIA Discretionary ($380,070) ($380,070)
TOTAL SOURCES: ($1,136,268) ($2,972,338) ($4,108,606)
USE OF FUNDS
ENGINEERING
328-041110-5212115-212828012 $724,741 $724,741
TIA Engineering
235-041110-5212115 $411,527 $411,527
CONSTRUCTION
335-041110-5414110 (LMIG 2016)$1,712,268
335-041110-5414110 (LMIG 2017)$440,000
335-041110-5414110 (LMIG 2018)$440,000
235-041110-5414110 (TIA discretionary) $380,070
TOTAL USES: $1,136,268 $2,972,338 $4,108,606
1.7.2014
Invitation to Bid
Sealed bids will be received at this office until Thursday, October 5, 2017 @ 3:00 p.m. for furnishing:
Bid Item #17-251 Wheeler Road at Aumond Road Improvements and Milledgeville Road at North Leg
Improvements Projects for Augusta, Georgia - Engineering Department
Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of:
Geri A. Sams, Director
Augusta Procurement Department
535 Telfair Street - Room 605
Augusta, Georgia 30901
Bid documents may be examined at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta,
GA 30901. Plans and specifications for the project shall be obtained by all prime, subcontractors and suppliers exclusively from
Augusta Blue Print. The fees for the plans and specifications which are non-refundable is $280.00.
It is the wish of the Owner that all businesses are given the opportunity to submit on this project. To facilitate this policy the Owner
is providing the opportunity to view plans online (www.augustablue.com) at no charge through Augusta Blue Print (706 722-6488)
beginning Thursday, August 24, 2017. Bidders are cautioned that submitting a package without Procurement of a complete set are
likely to overlook issues of construction phasing, delivery of goods or services, or coordination with other work that is material to the
successful completion of the project. Bidders are cautioned that acquisition of documents through any other source is not advisable.
Acquisition of documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information
upon which to base his qualifications.
A Mandatory Pre Bid Conference will be held on Tuesday, September 19, 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, September 21, 2017 @ 5:00 P.M. No bid will be accepted by fax, all must be received
by mail or hand delivered.
No bids may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the
successful bidder. A 10% Bid Bond is required to be submitted along with the bidders’ qualifications; a 100% performance
bond and a 100% payment bond will be required for award.
Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications
prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the
procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies
needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement
Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director.
All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate
committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the
outside of the envelope.
Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department
is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or
inaccurate information upon which to base his qualifications.
Correspondence must be submitted via mail, fax or email as follows:
Augusta Procurement Department
Attn: Geri A. Sams, Director of Procurement
535 Telfair Street, Room 605
Augusta, GA 30901
Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov
No bid will be accepted by fax, all must be received by mail or hand delivered.
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle August 24, 31 September 7, 14, 2017
Metro Courier August 30, 2017
OFFICIAL
VENDORS Attachment
"B"E-Verify Addendum
1&2
SAVE
Form
Bid
Bond
Wheeler at
Aumond Road
Bid Price
Milledgeville
Road
at North Leg
Bid Price
Compliance
Review
Blair Construction
PO Box 770
Evans, GA 30809
Reeves Construction
1 Apac Industrial Way
Augusta, GA 30907
YES 48048 YES YES YES $1,386,849.90 $1,862,186.85 Yes
Beam's Construction
15030 Atomic Road
Beach Island, SC 29842
ER Snell Contractors
1785 Oak Road
Snellville, GA 30078
YES 22114 YES YES YES $1,188,508.77 $1,783,828.87 Yes
J&B Construction Svcs, Inc.
3550 Gordon Hwy
Grovetown, GA 30813
Total Number Specifications Mailed Out: 19
Total Number Specifications Download (Demandstar): 2
Total Electronic Notifications (Demandstar): 271
Mandatory Pre-Bid Conference Attendees: 15
Total packages submitted: 2
Total Noncompliant: 0
Bid Item #17-251
Wheeler Road at Aumond Road Improvements and Milledgeville Road at North Leg
Improvements Projects
for Augusta, Georgia - Engineering Department
Bid Date:Thursday, October 5, 2017 @ 3:00 p.m
Page 1 of 1
Commission Meeting Agenda
12/5/2017 2:00 PM
Marvin Griffin Road Improvements Project
Department:Engineering
Department:Engineering
Caption:Motion to approve entering into an agreement with Central of
Georgia Railroad Company stating that Augusta, GA will pay for
the Road Improvements (crossing and signal improvements) on
the Marvin Griffin Road Improvements Project in accordance with
the estimate totaling $679,635.00. Also, approve the Agreement
to be executed by the Augusta, GA Legal Counsel and the Mayor
as requested by Augusta Engineering Department. (Approved by
Engineering Services Committee November 28, 2017)
Background:Marvin Griffin Road Improvements project is an approved
SPLOST project. This project is constructed in two phases. Phase
1 is completed and included clearing & grubbing and private
utilities relocation. Phase 2 of the project is under construction.
The project phase 2 consists of roadway widening &
improvements, drainage improvements, Curb & Gutter, water &
sewer improvements, sidewalk, and traffic signal upgrade between
Mike Padgett Highway (SR56) and Doug Barnard Parkway (SR56
Spur). Phase 2 also includes roadway improvements within
Central of Georgia Railroad (RAILWAY) right-of-way (railroad
crossing and railroad signal).
Analysis:The Marvin Griffin Road Improvements Project will require that
Central of Georgia Railroad improve roadway railroad crossing
and relocate railroad signal and Augusta would be required to
enter into an agreement that Augusta will pay the estimated
amount of $679,635.00. This is a cost that is required to be paid
by the Augusta, GA to complete needed improvements.
Financial Impact:Funds in SPLOST IV funds balance are available in amount of
$679,635.00 upon commission approval.
Alternatives:1). Approve entering into an agreement with Central of Georgia
Railroad Company, stating that Augusta, GA will pay for the
Cover Memo
Road Improvements (crossing and signal improvements) on the
Marvin Griffin Road Improvements Project in accordance with the
estimate totaling $679,635.00. Also, approve the Agreement to be
executed by the Augusta, GA Legal Counsel and the Mayor as
requested by Augusta Engineering Department. 2). Do not
approve and identify alternate way to reimburse RAILWAY.
Recommendation:Approve Alternative Number One.
Funds are Available
in the Following
Accounts:
SPLOST IV Fund Balance
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 authorized:
Section 1: Approve entering into an agreement with Central of Georgia Railroad Company in the
amount of $679,635.00 for Marvin Griffin Road Improvements Project as requested
by AED. Agreement is to be executed by the Augusta, GA Legal Counsel and the Mayor.
Fund allocation is from SPLOST IV Funds.
Section 2: The following revenues are anticipated to be available to the Consolidated
Government to complete the project.
Special 1% Sales Tax, Phase III 3,467,000$
Augusta Utilities 77,230$
SPLOST VI 3,334,683$
AUD 1,833,747$
GDOT Funds 1,800,000$
SPLOST Recaptured Funds 272,910$
SPLOST IV Fund Balance 679,635$
11,465,205$
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
Honorable Hardie Davis Jr., Mayor
(S.R. 56 to S.R. 56 Spur)
Funds are available in the amount of $679,635 upon commission approval.
CPB#323-041110-296823603
CAPITAL PROJECT BUDGET
MARVIN GRIFFIN ROAD
CHANGE NUMBER TEN
11/14/2017
Augusta-Richmond County, Georgia CPB#323-041110-296823603
CAPITAL PROJECT BUDGET
CPB AMOUNT CPB NEW
SOURCE OF FUNDS CPB ADDITION CPB
SPECIAL 1% SALES TAX, PHASE III
323-041110-0000000-000000000 ($3,467,000) ($3,467,000)
AU Funds ($77,230) ($77,230)
507043410-5212115-80900030 ($1,833,747) ($1,833,747)
328-041110-5414110-296823603 ($3,334,683) ($3,334,683)
GDOT Funds ($1,800,000) ($1,800,000)
SPLOST Recaptured Funds ($272,910) ($272,910)
SPLOST IV ($679,635) ($679,635)
TOTAL SOURCES: ($10,785,570) ($679,635) ($11,465,205)
USE OF FUNDS
ADVERTISING
323-041110-5233119-296823603 $2,000 $2,000
ENGINEERING
323-041110-5212115-296823603 $237,280 $237,280
RIGHT OF WAY
323-041110-5411120-296823603 $150,000 $150,000
RAILROAD PERMIT
323-041110-5414610-296823603 $30,000 $30,000
CONSTRUCTION
323-041110-5414110-296823603 $3,083,950 $679,635 $3,763,585
328-041110-5414110-210328201 $3,334,683 $3,334,683
GDOT FUNDS $1,800,000 $1,800,000
AUGUSTA UTILITIES
507043410-5212115-80900030 $41,000 $41,000
OTHER FUNDING $36,230 $1,833,747 $1,833,747
SPLOST Recaptured Funds $272,910 $272,910
TOTAL USES: $10,785,570 $679,635 $11,465,205
11/14/2017
NS File: CX0085113
THIS AGREEMENT, dated as of the ____ day of _____________, 201_ is made and entered into by and
between
CENTRAL OF GEORGIA RAILROAD COMPANY, a Georgia corporation, whose mailing address is
Three Commercial Place, Norfolk, Virginia 23510 (hereinafter called “RAILWAY”); and
AUGUSTA-RICHMOND COUNTY, a Georgia Government Entity, whose mailing address is
_________________________________ (hereinafter called "LICENSEE”).
RECITALS
WHEREAS, LICENSEE, at its own cost and expense, has found it necessary to widen the existing Marvin
Griffin Road at-grade crossing (DOT# 732969H) (the “Facilities”), in the vicinity of RAILWAY Milepost D-
126.75, at or near Augusta, Richmond County, Georgia (the “Premises”), located substantially as shown upon print
of Drawing marked Exhibit A; and
WHEREAS, RAILWAY is willing to permit LICENSEE to enter upon RAILWAY’s right of way for
installation, construction, maintenance, operation and removal of the Facilities upon the terms and conditions of
this Agreement; and in accordance with the plans and specifications marked Exhibit B; and
WHEREAS, RAILWAY is willing, at LICENSEE’s sole expense, to make modifications to RAILWAY’s
right of way and/or appurtenances rendered necessary by LICENSEE’s installation, construction, maintenance,
operation and removal of its Facilities in accordance with the force account estimate marked Exhibit D.
NOW THEREFORE, for and in consideration of the premises and mutual covenants contained in this
Agreement, the parties agree as follows:
I.LICENSEE’S FACILITIES
1.Right-of-Entry. RAILWAY, insofar as its rights and title enables it to do so and subject to its
rights to operate and maintain its RAILWAY and RAILWAY appurtenances along, in, and over its right-of-way,
grants LICENSEE, its agents and/or contractors, without compensation, the right to enter upon the Premises, for the
purpose of installation, construction, maintenance, operation and removal of the Facilities, provided that, prior to
entry upon lands of RAILWAY, any agent and/or contractor of LICENSEE must execute and deliver to RAILWAY
a standard contractor right-of-entry agreement in a form approved by RAILWAY in its sole discretion, together with
any certificate(s) of insurance required therein. Furthermore, any crossing of RAILWAY tracks by LICENSEE or
any of its agents and/or contractors must be addressed by a standard temporary crossing agreement in a form
approved by RAILWAY in its sole discretion.
2.Use and Condition of the Premises. The Premises shall be used by LICENSEE only for the
installation, construction, maintenance, operation and removal of the Facilities and for no other purpose without the
prior written consent of RAILWAY, which consent may be withheld by RAILWAY in its sole discretion.
LICENSEE accepts the Premises in their current "as is" condition, as suited for the installation and operation of the
Facilities, and without the benefit of any improvements to be constructed by RAILWAY except insofar as
contemplated by Section II of this Agreement.
3.Construction and Maintenance of the Facilities. LICENSEE shall construct and maintain the
Facilities, at its expense, in such a manner as will not interfere with the operations of RAILWAY or endanger
persons or property of RAILWAY, and in accordance with (a) plans and specifications (if any) shown on said
print(s) marked as Exhibit B and any other specifications prescribed by RAILWAY, (b) applicable governmental
regulations or laws, and (c) applicable specifications adopted by the American RAILWAY Engineering and
Maintenance of Way Association when not in conflict with plans, specifications or regulations mentioned in (a) and
- 2 -
(b) above. LICENSEE and any and all of LICENSEE contractors entering the Premises shall fully comply with
applicable roadway worker protection regulations.
4.Indemnification. LICENSEE hereby agrees to indemnify and save harmless RAILWAY, its
officers, agents and employees, from and against any and all liability, claims, losses, damages, expenses (including
attorneys' fees) or costs for personal injuries (including death) and/or property damage to whomsoever or
whatsoever occurring which arises or in any manner grows out of (a) the presence of LICENSEE, its employees,
agents and/or contractors on or about the Premises, regardless of whether negligence on the part of RAILWAY, its
officers, agents or employees caused or contributed to said loss of life, personal injury or property loss or damage in
whole or in part; (b) any allegation that RAILWAY is an employer or joint employer of a LICENSEE or is liable for
related employment benefits or tax withholdings; or (c) any decision by RAILWAY to bar or exclude LICENSEE
from the Premises pursuant to the terms of this Agreement.
5.Environmental Matters. LICENSEE assumes all responsibility for any environmental obligations
imposed under applicable laws, regulations or ordinances relating to the installation of the Facilities and/or to any
contamination of any property, water, air or groundwater arising or resulting from LICENSEE's permitted
operations or uses of RAILWAY's property pursuant to this Agreement. In addition, LICENSEE shall obtain any
necessary permits to install the Facilities. LICENSEE agrees to indemnify and hold harmless RAILWAY from and
against any and all liability, fines, penalties, claims, demands, costs (including attorneys' fees), losses or lawsuits
brought by any person, company or governmental entity relating to contamination of any property, water, air or
groundwater due to the use or presence of the Facilities. It is agreed that this indemnity provision extends to any
cleanup costs related to LICENSEE's activities upon RAILWAY's property and to any costs related to cleanup of the
Facilities or to other property caused by the use of the Facilities.
6.Insurance.
(a)Without limiting in any manner the liabilities and obligations assumed by LICENSEE
under any other provision of this Agreement, and as additional protection to RAILWAY, LICENSEE shall,
at its expense, procure and maintain with insurance companies satisfactory to RAILWAY, the following
insurance policies:
(i)A Commercial General Liability Insurance Policy having a combined single
limit of not less than $2,000,000 per occurrence for all loss, damage, cost and expense,
including attorneys’ fees, arising out of bodily injury liability and property damage liability
during the policy period. Said policy shall include explosion, collapse, and underground
hazard (XCU) coverage, shall be endorsed to name RAILWAY as the certificate holder and
as an additional insured, and shall include a severability of interests provision; and,
(ii)An original Railroad Protective Liability Insurance Policy naming RAILWAY
as a named insured and having a combined single limit of not less than $2,000,000 each
occurrence and $6,000,000 in the aggregate applying separately to each annual period. If
the project involves track over which passenger trains operate, the insurance limits required
are not less than a combined single limit of $5,000,000 each occurrence and $10,000,000 in
the aggregate applying separately to each annual period.
(b)All insurance required under the preceding subsection (a) shall be underwritten by
insurers and be of such form and content, as may be acceptable to RAILWAY. Prior to the commencement
of installation or maintenance of the Facilities or any entry on RAILWAY’s property, LICENSEE shall
furnish to RAILWAY's Director Risk Management, Three Commercial Place, Norfolk, Virginia 23510-
2191 (or such other representative and/or address as subsequently given by RAILWAY to LICENSEE in
writing), for approval, the original policy described in subsection (a)(ii) and a certificate of insurance
evidencing the existence of a policy with the coverage described in subsection (a)(i).
- 3 -
7.Railway Support. RAILWAY shall, at RAILWAY's option, furnish, at the sole expense of
LICENSEE, labor and materials necessary, in RAILWAY's sole judgment, to support its tracks and to protect its
traffic (including, without limitation, flagging) during the installation, maintenance, repair, renewal or removal of
the Facilities.
8.Special Provisions for Protection of Railway Interests. In connection with the operation and
maintenance of the Facilities, it is agreed that the safety of people and the safety and continuity of RAILWAY’s rail
operations shall be of first importance. LICENSEE shall require its employees, agents, contractors, and invitees to
utilize and comply with RAILWAY’s directives in this regard and shall require its contractor(s), if any, to comply
with all NSR Special Provisions, attached hereto, and herein incorporated by reference, including any future
amendments, as Exhibit C. As used in the NSR Special Provisions, LICENSEE is the “contractor” should
LICENSEE enter onto the Premises to perform any work contemplated by this Agreement. To ensure such
compliance, LICENSEE shall assign a project manager to function as a single point-of-contact for LICENSEE. Said
project manager is referred to as the “Sponsor’s Engineer” in Exhibit C.
9.Safety of Railway Operations. If RAILWAY becomes aware of any safety violations committed
by LICENSEE, its employees, agents and/or contractors, RAILWAY shall so notify LICENSEE, and LICENSEE
shall promptly correct such violation. In the event of an emergency threatening immediate danger to persons or
property, RAILWAY may take corrective actions and shall notify LICENSEE promptly thereafter. LICENSEE
shall reimburse RAILWAY for actual costs incurred in taking such emergency measures. RAILWAY assumes no
additional responsibility for safety on the Premises for LICENSEE, its agents/or contractors by taking these
corrective actions, and LICENSEE, its agents/contractors shall retain full responsibility for such safety violations.
10.Corrective Measures. If LICENSEE fails to take any corrective measures requested by
RAILWAY in a timely manner, or if an emergency situation is presented which, in RAILWAY's judgment, requires
immediate repairs to the Facilities, RAILWAY, at LICENSEE's expense, may undertake such corrective measures
or repairs as it deems necessary or desirable.
11.Railway Changes. If RAILWAY shall make any changes, alterations or additions to the line,
grade, tracks, structures, roadbed, installations, right-of-way or works of RAILWAY, or to the character, height or
alignment of the Electronic Systems, at or near the Facilities, LICENSEE shall, upon thirty (30) days prior written
notice from RAILWAY and at its sole expense, make such changes in the location and character of the Facilities as,
in the opinion of the chief engineering officer of RAILWAY, shall be necessary or appropriate to accommodate any
construction, improvements, alterations, changes or additions of RAILWAY.
12.Assumption of Risk. Unless caused solely by the negligence of RAILWAY or caused solely by
the willful misconduct of RAILWAY, LICENSEE hereby assumes all risk of damage to the Facilities and
LICENSEE's other property relating to its use and occupation of the Premises or business carried on the Premises
and any defects to the Premises; and LICENSEE hereby declares and states that RAILWAY, its officers, directors,
agents and employees shall not be responsible for any liability for such damage.
13.Liens; Taxes. LICENSEE will not permit any mechanic's liens or other liens to be placed upon
the Premises, and nothing in this Agreement shall be construed as constituting the consent or request of RAILWAY,
express or implied, to any person for the performance of any labor or the furnishing of any materials to the Premises,
nor as giving LICENSEE any right, power or authority to contract for or permit the rendering of any services or the
furnishing of any materials that could give rise to any mechanic's liens or other liens against the Premises. In
addition, LICENSEE shall be liable for all taxes levied or assessed against the Facilities and any other equipment or
other property placed by LICENSEE within the Premises. In the event that any such lien shall attach to the Premises
or LICENSEE shall fail to pay such taxes, then, in addition to any other right or remedy available to RAILWAY,
RAILWAY may, but shall not be obligated to, discharge the same. Any amount paid by RAILWAY for any of the
aforesaid purposes, together with related court costs, attorneys' fees, fines and penalties, shall be paid by LICENSEE
to RAILWAY within ten (10) days after RAILWAY's demand therefor.
14.Default; Remedies.
- 4 -
(a)The following events shall be deemed to be events of default by LICENSEE under this
Agreement:
(i)LICENSEE shall fail to pay any sum of money due hereunder and such failure
shall continue for a period of ten (10) days after the due date thereof;
(ii)LICENSEE shall fail to comply with any provision of this Agreement not
requiring the payment of money, all of which terms, provisions and covenants shall be deemed
material, and such failure shall continue for a period of thirty (30) days after written notice of such
default is delivered to LICENSEE;
(iii)LICENSEE shall become insolvent or unable to pay its debts as they become
due, or LICENSEE notifies RAILWAY that it anticipates either condition;
(iv)LICENSEE takes any action to, or notifies RAILWAY that LICENSEE intends
to file a petition under any section or chapter of the United States Bankruptcy Code, as amended
from time to time, or under any similar law or statute of the United States or any State thereof; or a
petition shall be filed against LICENSEE under any such statute; or
(v)a receiver or trustee shall be appointed for LICENSEE's license interest
hereunder or for all or a substantial part of the assets of LICENSEE, and such receiver or trustee is
not dismissed within sixty (60) days of the appointment.
(b)Upon the occurrence of any event or events of default by LICENSEE, whether
enumerated in this paragraph 15 or not, RAILWAY shall have the option to pursue any remedies available
to it at law or in equity without any additional notices to LICENSEE. RAILWAY's remedies shall include,
but not be limited to, the following: (i) termination of this Agreement, in which event LICENSEE shall
immediately surrender the Premises to RAILWAY; (ii) entry into or upon the Premises to do whatever
LICENSEE is obligated to do under the terms of this License, in which event LICENSEE shall reimburse
RAILWAY on demand for any expenses which RAILWAY may incur in effecting compliance with
LICENSEE's obligations under this License, but without rendering RAILWAY liable for any damages
resulting to LICENSEE or the Facilities from such action; and (iii) pursuit of all other remedies available to
RAILWAY at law or in equity, including, without limitation, injunctive relief of all varieties.
15.Railway Termination Right. Notwithstanding anything to the contrary in this Agreement,
RAILWAY shall have the right to terminate this Agreement and the rights granted hereunder, after delivering to
LICENSEE written notice of such termination no less than sixty (60) days prior to the effective date thereof,upon
the occurrence of any one or more of the following events:
(a)If LICENSEE shall discontinue the use or operations of the Facilities; or
(b)If RAILWAY shall be required by any governmental authority having jurisdiction over
the Premises to remove, relocate, reconstruct or discontinue operation of its railroad on or about the
Premises; or
(c)If RAILWAY, in the good faith judgment of its Superintendent, shall require a change in
the location or elevation of its railroad on or about the location of the Facilities or the Premises that might
effectively prohibit the use or operation of the Facilities; or
(d)If RAILWAY, in the good faith judgment of its Superintendent, determines that the
maintenance or use of the Facilities unduly interferes with the operation and maintenance of the facilities of
RAILWAY, or with the present or future use of such property by RAILWAY, its lessees, affiliates,
successors or assigns, for their respective purposes.
- 5 -
16.Condemnation. If the Premises or any portion thereof shall be taken or condemned in whole or in
part for public purposes, or sold in lieu of condemnation, then this Agreement and the rights granted to LICENSEE
hereunder shall, at the sole option of RAILWAY, forthwith cease and terminate. All compensation awarded for any
taking (or sale proceeds in lieu thereof) shall be the property of RAILWAY, and LICENSEE shall have no claim
thereto, the same being hereby expressly waived by LICENSEE.
17.Removal of Facilities; Survival. The Facilities are and shall remain the personal property of
LICENSEE. Upon the termination of this Agreement, LICENSEE shall remove the Facilities from the Premises
within thirty (30) days after the effective date thereof. In performing such removal, unless otherwise directed by
RAILWAY, LICENSEE shall restore the Premises to the same condition as existed prior to the installation or
placement of Facilities, reasonable wear and tear excepted. In the event LICENSEE shall fail to so remove the
Facilities or restore the Premises, the Facilities shall be deemed to have been abandoned by LICENSEE, and the
same shall become the property of RAILWAY for RAILWAY to use, remove, destroy or otherwise dispose of at its
discretion and without responsibility for accounting to LICENSEE therefor; provided, however, in the event
RAILWAY elects to remove the Facilities, RAILWAY, in addition to any other legal remedy it may have, shall
have the right to recover from LICENSEE all costs incurred in connection with such removal and the restoration of
the Premises. Notwithstanding anything to the contrary contained in this Agreement, the termination of this
Agreement shall not relieve LICENSEE from LICENSEE's obligations accruing prior to the termination date, and
such obligations shall survive any such termination of this Agreement.
18. Interests in Real Property
LICENSEE shall acquire or settle all property, property rights and all damages to property affected by the
installation, construction, maintenance, and operation of the Facilities. The cost of said property, property rights
and damages to property shall be borne by LICENSEE.
RAILWAY, insofar as it has the legal right so to do, shall permit LICENSEE to enter upon lands owned or
operated by RAILWAY to construct and occupy its property with sufficient width to permit construction and
maintenance of the Facilities. LICENSE and RAILWAY shall enter into good faith negotiations for a price to be
consistent with the property interest determined by LICENSEE to be needed for the proposed improvement.
However, the price to be paid by LICENSEE to RAILWAY for said conveyances (representing the fair
market value thereof plus damages, if any, to the residue) shall be as mutually agreed upon within nine (9) months
from the date of occupancy by LICENSEE, and if agreement as to price is reached, an additional period of ninety
(90) days shall be allowed for settlement, it being agreed however, that if no agreement as to price is reached within
the aforesaid nine (9) month period, LICENSEE will within ninety (90) days thereafter institute an eminent domain
proceeding authorized by law for the determination of the value of same. The provisions of this Agreement shall
survive the institution of such eminent domain proceeding.
LICENSEE shall furnish the plans and descriptions for any such conveyance. It is understood, however,
that the foregoing right of entry is a permissive use only, and this Section is not intended to convey or obligate
RAILWAY to convey any interest in its land.
II.SCOPE OF RAILROAD PROJECT, AND MAINTENANCE AND OWNERSHIP OF PROJECT
IMPROVEMENTS
1.Scope of Work. The scope of the work by RAILWAY shall include any necessary acquisition of
right-of-way, permitting, design, construction, and construction-related activities including, but not limited to,
- 6 -
inspection, flagging, and superintendence, within and along RAILWAY property necessary to facilitate
LICENSEE’s installation, construction, maintenance, operation and removal of the Facilities (“Railroad Project”).
2.Construction of the Railroad Project. The RAILWAY shall construct the Railroad Project in
accordance with the force account estimate, attached as Exhibit D and herein incorporated by reference, including
any future amendments thereto, and all applicable state and federal laws.
(a)All work performed by the RAILWAY related to the Railroad Project and consistent with
the force account estimate will be deemed reimbursable project expenses, and shall be at no cost to the
RAILWAY.
(b)RAILWAY shall accomplish work on the Railroad Project by the following: (i) railroad
force account; (ii) existing continuing contracts at reasonable costs; (iii) contracting with the lowest
responsible bidder based on appropriate solicitation; or (iv) contract without competitive bidding for minor
work at reasonable costs.
3.Maintenance and Ownership of the Railroad Project. Upon completion of the Railroad Project,
the RAILWAY shall own and, at its own cost and expense, maintain the Railroad Project improvements until such
time as RAILWAY deems such maintenance to no longer be necessary.
4.Construction of the Railroad Project. Execution of this Agreement constitutes LICENSEE’s
issuance of a notice to proceed to RAILWAY with the Railroad Project (“Notice to Proceed”). RAILWAY shall
make commercially reasonable efforts to commence construction on the Railroad Project as soon as possible, in
RAILWAY’s sole discretion, after the date of availability for RAILWAY to commence its construction activities on
the Railroad Project.
5.Reimbursement by LICENSEE.
(a)RAILWAY shall furnish, or cause to be furnished, at the expense of the LICENSEE all
the labor costs, overhead and indirect construction costs, materials and supplies, contracted services,
transportation, equipment, and other related costs and items required to perform and complete the Railroad
Project. In addition, RAILWAY shall furnish, at the expense of LICENSEE, the protection of rail traffic
occasioned by or made necessary by entry by LICENSEE and/or its contractors or any subcontractor(s)
pursuant to this Agreement.
(b)Except as otherwise provided in this Agreement, LICENSEE shall reimburse the
RAILWAY for the actual cost of the work performed by it, which is estimated to be Six Hundred
Seventy-Nine Thousand, Six Hundred Thirty-Five Dollars and Zero Cents ($679,635.00). It is agreed
that progress payments will be made by LICENSEE to the RAILWAY for the total amount of work done as
shown on monthly statements. LICENSEE shall pay each RAILWAY statement within forty-five (45)
days of receipt. Upon receipt of the final bill, RAILWAY shall be reimbursed in such amounts as are
proper and eligible for final payment, and the RAILWAY Project shall be submitted to LICENSEE for
final audit.
(c)Incurred Costs. The reimbursement amounts for all costs billed under this Agreement
shall be subject to the applicable Federal principles and based on the full actual costs plus Approved Labor
Additives. Design costs incurred by RAILWAY prior to issuance of the Notice to Proceed shall be
reimbursed by LICENSEE.
III.GENERAL PROVISIONS
- 7 -
1.Assignment and Successors. This Agreement shall be binding upon and shall inure to the benefit
of, and shall be enforceable by, the parties hereto and their respective permitted successors and assigns.
2.Limitations Upon Damages. Notwithstanding any other provision of this Agreement, RAILWAY
shall not be liable for breach of this Agreement or under this Agreement for any consequential, incidental,
exemplary, punitive, special, business damages or lost profits, as well as any claims for death, personal injury, and
property loss and damage which occurs by reason of, or arises out of, or is incidental to the interruption in or usage
of the Facilities placed upon or about the Premises by LICENSEE, including without limitation any damages under
such claims that might be considered consequential, incidental, exemplary, punitive, special, business damages or
loss profits.
3.Miscellaneous. All exhibits, attachments, riders and addenda referred to in this Agreement are
incorporated into this Agreement and made a part hereof for all intents and purposes. Time is of the essence with
regard to each provision of this Agreement. This Agreement shall be construed and interpreted in accordance with
and governed by the laws of the State in which the Premises are located. Each covenant of RAILWAY and
LICENSEE under this Agreement is independent of each other covenant under this Agreement. No default in
performance of any covenant by a party shall excuse the other party from the performance of any other covenant.
4.Notice to Parties. Whenever any notice, statement or other communication is required under this
Agreement, it shall be sent to the contact below except as otherwise provided in this Agreement or unless otherwise
specifically advised.
As to LICENSEE:
___________________________
___________________________
___________________________
___________________________
As to RAILWAY:
c/o Norfolk Southern Corporation
1200 Peachtree Street, N.E.
Atlanta, Georgia 30309-3504
Attention: Public Projects Engineer
Either party may, by notice in writing, direct that future notices or demands be sent to a different address. All
notices hereunder shall be deemed given upon receipt (or, if rejected, upon rejection).
5.Severability. The invalidity of any section, subsection, clause or provision of this Agreement shall
not affect the validity of the remaining sections, subsections, clauses or provisions of this contract.
6.No Third Party Beneficiary. This Agreement shall be for the benefit of the parties only, and no
person, firm or corporation shall acquire any rights whatsoever by virtue of this Agreement, except LICENSEE and
the RAILWAY and their successors and assigns.
7.Force Majeure. The parties agree to pursue the completion of the Railroad Project in accordance
with the requirements of this Agreement. No party shall be held responsible to the other for delays caused by Force
Majeure events, and such delays shall not be deemed a breach or default under this Agreement. In no event shall
Force Majeure events excuse LICENSEE from its obligation to make payment to RAILWAY in accordance with
this Agreement. Further the parties agree that the resolution or settlement of strikes or other labor disputes shall not
be deemed to be within the control or reasonable control of the affected party. If any party is unable to complete
work assigned to it due to a condition of Force Majeure or other conditions beyond the reasonable control of said
party, then said party will diligently pursue completion of the item that is delayed once said condition or conditions
are no longer in effect. For purposes of this Agreement, Force Majeure events are defined as circumstances beyond
- 8 -
a party’s reasonable control that delay performance and may include, but are not limited to, acts of God, actions or
decrees of governmental bodies (beyond control of the parties), acts of the public enemy, labor disputes, fires,
insurrections, and floods.
8.Amendment; Entire Agreement. This Agreement may be amended only in writing executed by
authorized representatives of the parties hereto. No verbal change, modification, or amendment shall be effective
unless in writing and signed by authorized representatives of the parties. The provisions hereof constitute the entire
Agreement between the parties and supersede any verbal statement, representations, or warranties, stated or implied.
9.Waiver of Workers Compensation Immunity. In the event that all or a portion of the Premises is
location in the State of Ohio, LICENSEE, with respect to the indemnification provisions contained in this
Agreement, hereby expressly waives any defense or immunity granted or afforded LICENSEE pursuant to Section
35, Article II of the Ohio Constitution and Section 4123.74 of the Ohio Revised Code. In the event that all or a
portion of the Premises is located in the Commonwealth of Pennsylvania, LICENSEE, with respect to the
indemnification provisions contained in this Agreement, hereby expressly waives any defense or immunity granted
or afforded LICENSEE pursuant to Pennsylvania Workers’ Compensation Act, 77 P.S. 481.
10.Independent Contractors. The parties agree that LICENSEE and its agents and/or contractors,
shall not be deemed either agents or independent contractors of RAILWAY. Except as otherwise provided by this
Agreement, RAILWAY shall exercise no control whatsoever over the employment, discharge, compensation of, or
services rendered by LICENSEE or its contractors. Notwithstanding the foregoing, this paragraph shall in no way
affect the absolute authority of RAILWAY to temporarily prohibit LICENSEE, its agents and/or contractors, or
persons not associated with LICENSEE from entering RAILWAY property, or to require the removal of any person
from RAILWAY property, if RAILWAY determines, in its sole discretion, that such person is not acting in a safe
manner or that actual or potential hazards in, on, or about the Railroad Project Work exist.
11.Meaning of "Railway". The word "RAILWAY" as used herein shall include any other company
whose property at the aforesaid location may be leased or operated by RAILWAY. Said term also shall include
RAILWAY's officers, directors, agents and employees, and any parent company, subsidiary or affiliate of
RAILWAY and their respective officers, directors, agents and employees.
12.Approval of Plans. By its review and approval, if any, of the plans marked as Exhibit B,
RAILWAY signifies only that the plans and improvements to be constructed in accordance with the plans satisfy the
RAILWAY’s requirements. RAILWAY expressly disclaims all other representations and warranties in connection
with said plans, including, but not limited to, the integrity, suitability or fitness for the purposes of the LICENSEE or
any other person(s) of the plans or improvements constructed in accordance with the plans.
IN WITNESS WHEREOF, the parties have, through duly authorized representatives, entered into this Agreement
effective the day and year first written above.
AUGUSTA-RICHMOND COUNTY, a
Georgia Government Entity
By: _______________________________
Name: _____________________________
Title: ______________________________
Date: _______________________________
NS File: CX0085113
CENTRAL OF GEORGIA RAILROAD
COMPANY, a Georgia corporation
By: _______________________________
Name: _____________________________
Title: ______________________________
Date: ______________________________
Special Provisions for Protection of Railway Interests
August 28, 2017 1
Special Provisions for Protection of Railway Interests
1.AUTHORITY OF RAILROAD ENGINEER AND SPONSOR ENGINEER:
Norfolk Southern Railway Company, hereinafter referred to as “Railroad”, and their authorized
representative shall have final authority in all matters affecting the safe maintenance of railroad
traffic including the adequacy of the foundations and structures supporting the railroad tracks. For
Public Projects impacting the Railroad, the Railroad’s Public Projects Engineer, hereinafter referred to as
“Railroad Engineer”, will serve as the authorized representative of the Railroad.
The authorized representative of the Project Sponsor (“Sponsor”), hereinafter referred to as the
“Sponsor’s Engineer”, shall have authority over all other matters as prescribed herein and in the
Project Specifications.
The Sponsor’s Prime Contractor, hereinafter referred to as “Contractor” shall be responsible for
completing any and all work in accordance with the terms prescribed herein and in the Project
Specifications. These terms and conditions are subject to change without notice, from time to time in the
sole discretion of the Railroad. Contractor must request from Railroad and follow the latest version of
these provisions prior to commencing work.
2.NOTICE OF STARTING WORK:
A.The Contractor shall not commence any work on railroad rights-of-way until he has complied
with the following conditions:
1.Signed and received a fully executed copy of the required Norfolk Southern Contractor
Right of Entry Agreement.
2.Given the Railroad written notice in electronic format to the Railroad Engineer, with
copy to the Sponsor’s Engineer who has been designated to be in charge of the work, at
least ten days in advance of the date he proposes to begin work on Railroad rights-of-
way.
3.Obtained written approval from the Railroad of Railroad Protective Liability Insurance
coverage as required by paragraph 14 herein. It should be noted that the Railroad
does not accept notation of Railroad Protective insurance on a certificate of
liability insurance form or Binders as Railroad must have the full original
countersigned policy. Further, please note that mere receipt of the policy is not
the only issue but review for compliance. Due to the number of projects system-
wide, it typically takes a minimum of 30-45 days for the Railroad to review.
4.Obtained Railroad’s Flagging Services as required by paragraph 7 herein.
5.Obtained written authorization from the Railroad to begin work on Railroad’s
rights-of-way, such authorization to include an outline of specific conditions with
which he must comply.
6.Furnished a schedule for all work within the Railroad’s rights-of-way as required by
paragraph 7.B.1.
B.The Railroad’s written authorization to proceed with the work shall include the names,
addresses, and telephone numbers of the Railroad’s representatives who are to be
Special Provisions for Protection of Railway Interests
August 28, 2017 2
notified as hereinafter required. Where more than one representative is designated, the area
of responsibility of each representative shall be specified.
3.INTERFERENCE WITH RAILROAD OPERATIONS:
A.The Contractor shall so arrange and conduct his work that there will be no interference with
Railroad’s operations, including train, signal, telephone and telegraphic services, or damage to
the property of the Railroad or to poles, wires, and other facilities of tenants on the rights-
of-way of the Railroad. Whenever work is liable to affect the operations or safety of
trains, the method of doing such work shall first be submitted to the Railroad Engineer for
approval, but such approval shall not relieve the Contractor from liability. Any work to be
performed by the Contractor which requires flagging service or inspection service shall be
deferred by the Contractor until the flagging service or inspection service required by the
Railroad is available at the job site.
B.Whenever work within Railroad’s rights-of-way is of such a nature that impediment to
Railroad’s operations such as use of runaround tracks or necessity for reduced speed is
unavoidable, the Contractor shall schedule and conduct his operations so that such
impediment is reduced to the absolute minimum.
C.Should conditions arising from, or in connection with the work, require that immediate and
unusual provisions be made to protect operations and property of the Railroad, the
Contractor shall make such provisions. If in the judgment of the Railroad Engineer, or in
his absence, the Railroad’s Division Engineer, such provisions is insufficient, either may
require or provide such provisions as he deems necessary. In any event, such unusual provisions
shall be at the Contractor’s expense and without cost to the Railroad or the Sponsor.
D.“One Call” Services do not locate buried Railroad utilities. The contractor shall contact the
Railroad’s representative 2 days in advance of work at those places where excavation, pile
driving, or heavy loads may damage the Railroad’s underground facilities. Upon request from the
Contractor or Sponsor, Railroad forces will locate and paint mark or flag the Railroad’s
underground facilities. The Contractor shall avoid excavation or other disturbances of these
facilities. If disturbance or excavation is required near a buried Railroad facility, the contractor
shall coordinate with the Railroad to have the facility potholed manually with careful hand
excavation. The facility shall be protected by the Contractor during the course of the disturbance
under the supervision and direction of the Railroad’s representative.
4.TRACK CLEARANCES:
A.The minimum track clearances to be maintained by the Contractor during construction are
shown on the Project Plans. If temporary clearances are not shown on the project plans, the
following criteria shall govern the use of falsework and formwork above or adjacent to operated
tracks.
1.A minimum vertical clearance of 22’-0” above top of highest rail shall be maintained at
all times.
2.A minimum horizontal clearance of 13’-0” from centerline of tangent track or 14’-0”
from centerline of curved track shall be maintained at all times. Additional horizontal
clearance may be required in special cases to be safe for operating conditions. This
additional clearance will be as determined by the Railroad Engineer.
Special Provisions for Protection of Railway Interests
August 28, 2017 3
3.All proposed temporary clearances which are less than those listed above must be
submitted to Railroad Engineer for approval prior to construction and must also be
authorized by the regulatory body of the State if less than the legally prescribed
clearances.
4.The temporary clearance requirements noted above shall also apply to all other physical
obstructions including, but not limited to: stockpiled materials, parked equipment,
placement or driving of piles, and bracing or other construction supports.
B.Before undertaking any work within Railroad right-of-way, and before placing any
obstruction over any track, the Contractor shall:
1.Notify the Railroad’s representative at least 72 hours in advance of the work.
2.Receive assurance from the Railroad’s representative that arrangements
have been made for flagging service as may be necessary.
3.Receive permission from the Railroad’s representative to proceed with the work.
4.Ascertain that the Sponsor’s Engineer has received copies of notice to the Railroad and
of the Railroad’s response thereto.
5.CONSTRUCTION PROCEDURES:
A.General:
1.Construction work and operations by the Contractor on Railroad property shall be:
a.Subject to the inspection and approval of the Railroad Engineer or their
designated Construction Engineering Representative.
b.In accordance with the Railroad’s written outline of specific conditions.
c.In accordance with the Railroad’s general rules, regulations and
requirements including those relating to safety, fall protection and personal
protective equipment.
d.In accordance with these Special Provisions.
2.Submittal Requirements
a.The Contractor shall submit all construction related correspondence and
submittals electronically to the Railroad Engineer.
b.The Contractor shall allow for 30 days for the Railroad’s review and response.
c.All work in the vicinity of the Railroad’s property that has the potential to affect
the Railroad’s train operations or disturb the Railroad’s Property must be
submitted and approved by the Railroad prior to work being performed.
d.All submittals and calculations must be signed and sealed by a registered
engineer licensed in the state of the project work.
Special Provisions for Protection of Railway Interests
August 28, 2017 4
e.All submittals shall first be approved by the Sponsor’s Engineer and the
Railroad Engineer, but such approval shall not relieve the Contractor from
liability.
f.For all construction projects, the following submittals, but not limited to those
listed below, shall be provided for review and approval when applicable:
(1)General Means and Methods
(2)Ballast Protection
(3)Construction Excavation & Shoring
(4)Pipe, Culvert, & Tunnel Installations
(5)Demolition Procedure
(6)Erection & Hoisting Procedure
(7)Debris Shielding or Containment
(8)Blasting
(9)Formwork for the bridge deck, diaphragms, overhang brackets, and
protective platforms
(10)Bent Cap Falsework. A lift plan will be required if the contractor want
to move the falsework over the tracks.
g.For Undergrade Bridges (Bridges carrying the Railroad) the following submittals
in addition to those listed above shall be provided for review and approval:
(1)Shop Drawings
(2)Bearing Shop Drawings and Material Certifications
(3)Concrete Mix Design
(4)Structural Steel, Rebar, and/or Strand Certifications
(5)28 day Cylinder Test for Concrete Strength
(6)Waterproofing Material Certification
(7)Test Reports for Fracture Critical Members
(8)Foundation Construction Reports
Fabrication may not begin until the Railroad has approved the required shop
drawings.
h. The Contractor shall include in all submissions a detailed narrative indicating
the progression of work with the anticipated timeframe to complete each task.
Work will not be permitted to commence until the Contractor has provided the
Railroad with a satisfactory plan that the project will be undertaken without
scheduling, performance or safety related issues. Submission shall also provide
a listing of the anticipated equipment to be used, the location of all equipment
to be used and insure a contingency plan of action is in place should a primary
piece of equipment malfunction.
B.Ballast Protection
1.The Contractor shall submit the proposed ballast protection system detailing the specific
filter fabric and anchorage system to be used during all construction activities.
Special Provisions for Protection of Railway Interests
August 28, 2017 5
2.The ballast protection is to extend 25’ beyond the proposed limit of work, be installed at
the start of the project and be continuously maintained to prevent all contaminants
from entering the ballast section of all tracks for the entire duration of the project.
C.Excavation:
1.The subgrade of an operated track shall be maintained with edge of berm at least 10’-0”
from centerline of track and not more than 24-inches below top of rail. Contractor will
not be required to make existing section meet this specification if substandard,
in which case existing section will be maintained.
2.Additionally, the Railroad will require the installation of an OSHA approved handrail and
orange construction safety fencing for all excavations of the Railroad right-of-way.
D.Excavation for Structures and Shoring Protection:
1.The Contractor will be required to take special precaution and care in connection
with excavating and shoring pits, and in driving piles or sheeting for footings adjacent
to tracks to provide adequate lateral support for the tracks and the loads which
they carry, without disturbance of track alignment and surface, and to avoid
obstructing track clearances with working equipment, tools or other material.
2.All plans and calculations for shoring shall be prepared, signed, and sealed by a
Registered Professional Engineer licensed in the state of the proposed project, in
accordance with Norfolk Southern’s Overhead Grade Separation Design Criteria,
subsection H.1.6.E-Construction Excavation (Refer to Norfolk Southern Public Projects
Manual Appendix H). The Registered Professional Engineer will be responsible for the
accuracy for all controlling dimensions as well as the selection of soil design values
which will accurately reflect the actual field conditions.
3.The Contractor shall provide a detailed installation and removal plan of the shoring
components. Any component that will be installed via the use of a crane or any other
lifting device shall be subject to the guidelines outlined in section 5.G of these
provisions.
4.The Contractor shall be required to survey the track(s) and Railroad embankment and
provide a cross section of the proposed excavation in relation to the tracks.
5.Calculations for the proposed shoring should include deflection calculations. The
maximum deflection for excavations within 18’-0” of the centerline of the nearest track
shall be 3/8”. For all other cases, the max deflection shall not exceed ½”.
6.Additionally, the Railroad will require the installation of an OSHA approved handrail and
orange construction safety fencing for all excavations of the Railroad right-of-way.
7.The front face of shoring located to the closest NS track for all shoring set-ups located
in Zone 2 as shown on NS Typical Drawing No. 4 – Shoring Requirements (Appendix I)
shall remain in place and be cut off 2’-0” below the final ground elevation. The
remaining shoring in Zone 2 and all shoring in Zone 1 may be removed and all voids
must be backfilled with flowable fill.
E.Pipe, Culvert, & Tunnel Installations
Special Provisions for Protection of Railway Interests
August 28, 2017 6
1.Pipe, Culvert, & Tunnel Installations shall be in accordance with the appropriate Norfolk
Southern Design Specification as noted below:
a.For Open Cut Method refer to Norfolk Southern Public Projects Manual
Appendix H.4.6.
b.For Jack and Bore Method refer to Norfolk Southern Public Projects Manual
Appendix H.4.7.
c.For Tunneling Method refer to Norfolk Southern Public Projects Manual
Appendix H.4.8.
2.The installation methods provided are for pipes carrying storm water or open flow run-
off. All other closed pipeline systems shall be installed in accordance Norfolk Southern’s
Pipe and Wire Program and the NSCE-8
F.Demolition Procedures
1.General
a.Demolition plans are required for all spans over the track(s), for all spans
adjacent to the track(s), if located on (or partially on) Railroad right-of-way; and
in all situations where cranes will be situated on, over, or adjacent to Railroad
right-of-way and within a distance of the boom length plus 15’-0” from the
centerline of track.
b.Railroad tracks and other Railroad property must be protected from damage
during the procedure.
c.A pre-demolition meeting shall be conducted with the Sponsor, the Railroad
Engineer or their representative, and the key Contractor’s personnel prior to
the start of the demolition procedure.
d.The Railroad Engineer or his designated representative must be present at
the site during the entire demolition procedure period.
e.Existing, obsolete, bridge piers shall be removed to a sufficient depth below
grade to enable restoration of the existing/proposed track ditch, but in no case
less than 2’-0” below final grade.
2.Submittal Requirements
a.In addition to the submittal requirements outlined in Section 5.A.2 of these
provisions, the Contractor shall submit the following for approval by the
Railroad Engineer:
(1)A plan showing the location of cranes, horizontally and vertically,
operating radii, with delivery or disposal locations shown. The
location of all tracks and other Railroad facilities as well as all
obstructions such as wire lines, poles, adjacent structures, etc. must
also be shown.
Special Provisions for Protection of Railway Interests
August 28, 2017 7
(2)Rating sheets showing cranes or lifting devices to be adequate for
150% of the actual weight of the pick, including all rigging
components. A complete set of crane charts, including crane,
counterweight, and boom nomenclature is to be submitted. Safety
factors that may have been “built-in” to the crane charts are not to be
considered when determining the 150% factor of safety.
(3)Plans and computations showing the weight of the pick must be
submitted. Calculations shall be made from plans of the existing
structure showing complete and sufficient details with supporting
data for the demolition the structure. If plans do not exist, lifting
weights must be calculated from field measurements. The field
measurements are to be made under the supervision of the
Registered Professional Engineer submitting the procedure and
calculations.
(4)The Contractor shall provide a sketch of all rigging components from
the crane’s hook block to the beam. Catalog cuts or information
sheets of all rigging components with their lifting capacities shall be
provided. All rigging must be adequate for 150% of the actual weight
of the pick. Safety factors that may have been “built-in” to the rating
charts are not to be considered when determining the 150% factor of
safety. All rigging components shall be clearly identified and tagged
with their rated lifting capacities. The position of the rigging in the
field shall not differ from what is shown on the final plan without prior
review from the Sponsor and the Railroad.
(5)A complete demolition procedure, including the order of lifts, time
required for each lift, and any repositioning or re-hitching of the crane
or cranes.
(6) Design and supporting calculations for the temporary support of
components, including but not limited to the stability of the
superstructure during the temporary condition, temporary girder tie-
downs and falsework.
3.Overhead Demolition Debris Shield
a.The demolition debris shield shall be installed prior to the demolition of the
bridge deck or other relevant portions of the superstructure over the track area
to catch all falling debris.
b.The demolition debris shield shall provide a minimum vertical clearance as
specified in Section 4.A.1 of these provisions or maintain the existing vertical
clearance if the existing clearance is less than that specified in Section 4.A.1.
c.The Contractor shall include the demolition debris shield installation/removal
means and methods as part of the proposed Demolition procedure submission.
d.The Contractor shall submit the demolition debris shield design and supporting
calculations for approval by the Railroad Engineer.
Special Provisions for Protection of Railway Interests
August 28, 2017 8
e.The demolition debris shield shall have a minimum design load of 50 pounds
per square foot plus the weight of the equipment, debris, personnel, and other
loads to be carried.
f. The Contractor shall include the proposed bridge deck removal procedure in
its demolition means and methods and shall verify that the size and quantity of
the demolition debris generated by the procedure does not exceed the shield
design loads.
g. The Contractor shall clean the demolition debris shield daily or more
frequently as dictated either by the approved design parameters or as directed
by the Railroad Engineer.
4.Vertical Demolition Debris Shield
a.A vertical demolition debris shield may be required for substructure removals
in close proximity to the Railroad’s track and other facilities, as determined by
the Railroad Engineer.
G.Erection & Hoisting Procedures
1. General
a.Erection plans are required for all spans over the track(s), for all spans adjacent
to the track(s), if located on (or partially on) Railroad right-of-way; and in all
situations where cranes will be situated on, over, or adjacent to Railroad right-
of-way and within a distance of the boom length plus 15’-0” from the
centerline of track.
b.Railroad tracks and other Railroad property must be protected from damage
during the erection procedure.
c.A pre-erection meeting shall be conducted with the Sponsor, the Railroad
Engineer or their representative, and the key Contractor’s personnel prior to
the start of the erection procedure.
d.The Railroad Engineer or his designated representative must be present at
the site during the entire erection procedure period.
e.For field splices located over Railroad property, a minimum of 50% of the holes
for each connection shall be filled with bolts or pins prior to releasing the
crane. A minimum of 50% of the holes filled shall be filled with bolts. All bolts
must be appropriately tightened. Any changes to previously approved field
splice locations must be submitted to the Railroad for review and approval.
Refer to Norfolk Southern’s Overhead Grade Separation Design Criteria for
additional splice details (Norfolk Southern Public Projects Manual Appendix
H.1, Section 4.A.3.).
Special Provisions for Protection of Railway Interests
August 28, 2017 9
2.Submittal Requirements
a.In addition the submittal requirements outlined in Section 5.A.2 of these
provisions, the Contractor shall submit the following for approval by the
Railroad Engineer:
(1)As-built beam seat elevations - All as-built bridge seats and top of rail
elevations shall be furnished to the Railroad Engineer for review and
verification at least 30 days in advance of the erection, to ensure that
minimum vertical clearances as approved in the plans will be achieved.
(2)A plan showing the location of cranes, horizontally and vertically,
operating radii, with delivery or staging locations shown. The location
of all tracks and other Railroad facilities as well as all obstructions such
as wire lines, poles, adjacent structures, etc. must also be shown.
(3)Rating sheets showing cranes or lifting devices to be adequate for
150% of the actual weight of the pick, including all rigging
components. A complete set of crane charts, including crane,
counterweight, and boom nomenclature is to be submitted. Safety
factors that may have been “built-in” to the crane charts are not to be
considered when determining the 150% factor of safety.
(4)Plans and computations showing the weight of the pick must be
submitted. Calculations shall be made from plans of the
proposed structure showing complete and sufficient details with
supporting data for the erection of the structure. If plans do not
exist, lifting weights must be calculated from field measurements.
The field measurements are to be made under the supervision of
the Registered Professional Engineer submitting the procedure and
calculations.
(5)The Contractor shall provide a sketch of all rigging components from
the crane’s hook block to the beam. Catalog cuts or information
sheets of all rigging components with their lifting capacities shall be
provided. All rigging must be adequate for 150% of the actual weight
of the pick. Safety factors that may have been “built-in” to the rating
charts are not to be considered when determining the 150% factor of
safety. All rigging components shall be clearly identified and tagged
with their rated lifting capacities. The position of the rigging in the
field shall not differ from what is shown on the final plan without prior
review from the Sponsor and the Railroad.
(6)A complete erection procedure, including the order of lifts, time
required for each lift, and any repositioning or re-hitching of the crane
or cranes.
(7) Design and supporting calculations for the temporary support of
components, including but not limited to temporary girder tie-downs
and falsework.
Special Provisions for Protection of Railway Interests
August 28, 2017 10
H.Blasting:
1.The Contractor shall obtain advance approval of the Railroad Engineer and the
Sponsor Engineer for use of explosives on or adjacent to Railroad property. The
request for permission to use explosives shall include a detailed blasting plan. If
permission for use of explosives is granted, the Contractor will be required to
comply with the following:
a.Blasting shall be done with light charges under the direct supervision of a
responsible officer or employee of the Contractor and a licensed blaster.
b.Electric detonating fuses shall not be used because of the possibility of
premature explosions resulting from operation of two-way radios.
c.No blasting shall be done without the presence of the Railroad Engineer or his
authorized representative. At least 72 hours advance notice to the person
designated in the Railroad’s notice of authorization to proceed (see
paragraph 2.B) will be required to arrange for the presence of an authorized
Railroad representative and such flagging as the Railroad may require.
d.Have at the job site adequate equipment, labor and materials and allow
sufficient time to clean up debris resulting from the blasting without delay to
trains, as well as correcting at his expense any track misalignment or other
damage to Railroad property resulting from the blasting as directed by
the Railway’s authorized representative. If his actions result in delay of
trains, the Contractor shall bear the entire cost thereof.
e.The blasting Contractor shall have a copy of the approved blasting plan on hand
while on the site.
f.Explosive materials or loaded holes shall not be left unattended at the blast
site.
g.A seismograph shall be placed on the track shoulder adjacent to each blast
which will govern the peak particle velocity of two inches per second.
Measurement shall also be taken on the ground adjacent to structures as
designated by a qualified and independent blasting consultant. The Railroad
reserves the option to direct the placement of additional seismographs at
structures or other locations of concern, without regard to scaled distance.
h.After each blast, the blasting Contractor shall provide a copy of their drill log
and blast report, which includes number of holes, depth of holes, number of
decks, type and pounds of explosives used per deck.
i.The Railroad may require top of rail elevations and track centers taken before,
during and after the blasting and excavation operation to check for any track
misalignment resulting from the Contractor’s activities.
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August 28, 2017 11
2.The Railroad representative will:
a.Determine approximate location of trains and advise the Contractor the
appropriate amount of time available for the blasting operation and clean
up.
b.Have the authority to order discontinuance of blasting if, in his opinion, blasting
is too hazardous or is not in accord with these special provisions.
3.The Contractor must hire, at no expense to the Railroad, a qualified and independent
blasting consultant to oversee the use of explosives. The blasting consultant will:
a.Review the Contractor’s proposed drilling and loading patterns, and with the
blasting consultant’s personnel and instruments, monitor the blasting
operations.
b.Confirm that the minimum amounts of explosives are used to remove the rock.
c.Be empowered to intercede if he concludes that the Contractor’s blasting
operations are endangering the Railway.
d.Submit a letter acknowledging that he has been engaged to oversee the entire
blasting operation and that he approves of the blasting plan.
e.Furnish copies of all vibration readings to the Railroad representative
immediately after each blast. The representative will sign and date the
seismograph tapes after each shot to verify the readings are for that specific
shot.
f.Advise the Railroad representative as to the safety of the operation and notify
him of any modifications to the blasting operation as the work progresses.
4.The request for permission to use explosives on the Railroad’s Right-of-Way shall
include a blasting proposal providing the following details:
a.A drawing which shows the proposed blasting area, location of nearest hole
and distance to Railway structures, all with reference to the centerline of track.
b.Hole diameter.
c.Hole spacing and pattern.
d.Maximum depth of hole.
e.Maximum number of decks per hole.
f.Maximum pounds of explosives per hole.
g.Maximum pounds of explosives per delay.
h.Maximum number of holes per detonation.
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August 28, 2017 12
i.Type of detonator and explosives to be used. (Electronic detonating devices
will not be permitted). Diameter of explosives if different from hole diameter.
j.Approximate dates and time of day when the explosives are to be detonated.
k.Type of flyrock protection.
l.Type and patterns of audible warning and all clear signals to be used before
and after each blast.
m.A copy of the blasting license and qualifications of the person directly in charge
of the blasting operation, including their name, address and telephone number.
n.A copy of the Authority’s permit granting permission to blast on the site.
o.A letter from the blasting consultant acknowledging that he has been engaged
to oversee the entire blasting operation and that he approves of the blasting
plan.
p.In addition to the insurance requirements outlined in Paragraph 14 of these
Provisions, A certificate of insurance from the Contractor’s insurer stating the
amount of coverage for XCU (Explosive Collapse and Underground Hazard)
insurance and that XCU Insurance is in force for this project.
q.A copy of the borings and Geotechnical information or report.
I.Track Monitoring
1.At the direction of the Railroad Engineer, any activity that has the potential to disturb
the Railroad track structure may require the Contractor to submit a detailed track
monitoring program for approval by the Railroad Engineer.
2.The program shall specify the survey locations, the distance between the location
points, and frequency of monitoring before, during, and after construction. Railroad
reserves the right to modify the survey locations and monitoring frequency as necessary
during the project.
3.The survey data shall be collected in accordance with the approved frequency and
immediately furnished to the Railroad Engineer for analysis.
4. If any movement has occurred as determined by the Railroad Engineer, the Railroad will
be immediately notified. Railroad, at its sole discretion, shall have the right to
immediately require all Contractor operations to be ceased and determine what
corrective action is required. Any corrective action required by the Railroad or
performed by the Railroad including the monitoring of corrective action of the
Contractor will be at project expense.
J.Maintenance of Railroad Facilities:
1. The Contractor will be required to maintain all ditches and drainage structures free of
silt or other obstructions which may result from his operations and provide and
maintain any erosion control measures as required. The Contractor will promptly
Special Provisions for Protection of Railway Interests
August 28, 2017 13
repair eroded areas within Railroad rights-of-way and repair any other damage to the
property of the Railroad or its tenants.
2.If, in the course of construction, it may be necessary to block a ditch, pipe or other
drainage facility, temporary pipes, ditches or other drainage facilities shall be installed
to maintain adequate drainage, as approved by the Railroad Engineer. Upon completion
of the work, the temporary facilities shall be removed and the permanent facilities
restored.
3.All such maintenance and repair of damages due to the Contractor’s operations shall be
done at the Contractor’s expense.
K.Storage of Materials and Equipment:
1.Materials and equipment shall not be stored where they will interfere with
Railroad operations, nor on the rights-of-way of the Railroad without first having
obtained permission from the Railroad Engineer, and such permission will be with
the understanding that the Railroad will not be liable for damage to such material and
equipment from any cause and that the Railroad Engineer may move or require the
Contractor to move, at the Contractor’s expense, such material and equipment.
2.All grading or construction machinery that is left parked near the track
unattended by a watchman shall be effectively immobilized so that it cannot be moved
by unauthorized persons. The Contractor shall protect, defend, indemnify and
save Railroad, and any associated, controlled or affiliated corporation, harmless
from and against all losses, costs, expenses, claim or liability for loss or damage to
property or the loss of life or personal injury, arising out of or incident to the
Contractor’s failure to immobilize grading or construction machinery.
L.Cleanup:
1. Upon completion of the work, the Contractor shall remove from within the limits of the
Railroad rights-of-way, all machinery, equipment, surplus materials, falsework, rubbish
or temporary buildings of the Contractor, and leave said rights-of-way in a neat
condition satisfactory to the Railroad Engineer or his authorized representative.
6.DAMAGES:
A.The Contractor shall assume all liability for any and all damages to his work, employees, servants,
equipment and materials caused by Railroad traffic.
B.Any cost incurred by the Railroad for repairing damages to its property or to property of its
tenants, caused by or resulting from the operations of the Contractor, shall be paid directly
to the Railroad by the Contractor.
7.FLAGGING SERVICES:
A.Requirements:
1.Flagging services will not be provided until the Contractor’s insurance has been
reviewed & approved by the Railroad.
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August 28, 2017 14
2.Under the terms of the agreement between the Sponsor and the Railroad, the Railroad
has sole authority to determine the need for flagging required to protect its operations.
In general, the requirements of such services will be whenever the Contractor’s
personnel or equipment are or are likely to be, working on the Railroad’s right-of-
way, or across, over, adjacent to, or under a track, or when such work has
disturbed or is likely to disturb a Railroad structure or the Railroad roadbed or
surface and alignment of any track to such extent that the movement of trains
must be controlled by flagging.
3.Normally, the Railroad will assign one flagman to a project; but in some cases,
more than one may be necessary, such as yard limits where three (3) flagmen may be
required. However, if the Contractor works within distances that violate
instructions given by the Railroad’s authorized representative or performs work
that has not been scheduled with the Railroad’s authorized representative, a
flagman or flagmen may be required full time until the project has been completed.
4.For Projects exceeding 30 days of construction, Contractor shall provide the flagmen a
small work area with a desk/counter and chair within the field/site trailer, including the
use of bathroom facilities, where the flagman can check in/out with the Project, as well
as to the flagman’s home terminal. The work area should provide access to two (2)
electrical outlets for recharging radio(s), and a laptop computer; and have the ability to
print off needed documentation and orders as needed at the field/site trailer. This
should aid in maximizing the flagman’s time and efficiency on the Project.
B.Scheduling and Notification:
1.The Contractor’s work requiring Railroad flagging should be scheduled to limit the
presence of a flagman at the site to a maximum of 50 hours per week. The
Contractor shall receive Railroad approval of work schedules requiring a flagman’s
presence in excess of 40 hours per week.
2.Not later than the time that approval is initially requested to begin work on
Railroad right-of-way, Contractor shall furnish to the Railroad and the Sponsor a
schedule for all work required to complete the portion of the project within Railroad
right-of-way and arrange for a job site meeting between the Contractor, the
Sponsor, and the Railroad’s authorized representative. Flagman or Flagmen may not be
provided until the job site meeting has been conducted and the Contractor’s work
scheduled.
3.The Contractor will be required to give the Railroad representative at least 10 working
days of advance written notice of intent to begin work within Railroad right-of-
way in accordance with this special provision. Once begun, when such work is
then suspended at any time, or for any reason, the Contractor will be required to
give the Railroad representative at least 3 working days of advance notice before
resuming work on Railroad right-of-way. Such notices shall include sufficient details
of the proposed work to enable the Railroad representative to determine if flagging will
be required. If such notice is in writing, the Contractor shall furnish the Engineer a
copy; if notice is given verbally, it shall be confirmed in writing with copy to the
Engineer. If flagging is required, no work shall be undertaken until the flagman, or
flagmen are present at the job site. It may take up to 30 days to obtain flagging
initially from the Railroad. When flagging begins, the flagman is usually assigned
by the Railroad to work at the project site on a continual basis until no longer
Special Provisions for Protection of Railway Interests
August 28, 2017 15
needed and cannot be called for on a spot basis. If flagging becomes unnecessary
and is suspended, it may take up to 30 days to again obtain from the Railroad.
Due to Railroad labor agreements, it is necessary to give 5 working days notice before
flagging service may be discontinued and responsibility for payment stopped.
4.If, after the flagman is assigned to the project site, an emergency arises that
requires the flagman’s presence elsewhere, then the Contractor shall delay work on
Railroad right-of-way until such time as the flagman is again available. Any additional
costs resulting from such delay shall be borne by the Contractor and not the Sponsor or
Railroad.
C.Payment:
1.The Sponsor will be responsible for paying the Railroad directly for any and all costs of
flagging which may be required to accomplish the construction.
2.The estimated cost of flagging is the current rate per day based on a 10-hour work day.
This cost includes the base pay for the flagman, overhead, and includes a per diem
charge for travel expenses, meals and lodging. The charge to the Sponsor by the
Railroad will be the actual cost based on the rate of pay for the Railroad’s employees
who are available for flagging service at the time the service is required.
3.Work by a flagman in excess of 8 hours per day or 40 hours per week, but not more than
12 hours a day will result in overtime pay at 1 and 1/2 times the appropriate rate.
Work by a flagman in excess of 12 hours per day will result in overtime at 2 times
the appropriate rate. If work is performed on a holiday, the flagging rate is 2 and 1/2
times the normal rate.
4.Railroad work involved in preparing and handling bills will also be charged to the
Sponsor. Charges to the Sponsor by the Railroad shall be in accordance with
applicable provisions of Subchapter B, Part 140, Subpart I and Subchapter G, Part
646, Subpart B of the Federal-Aid Policy Guide issued by the Federal Highway
Administration on December 9, 1991, including all current amendments. Flagging
costs are subject to change. The above estimates of flagging costs are provided for
information only and are not binding in any way.
D.Verification:
1.Railroad’s flagman will electronically enter flagging time via Railroad’s electronic
billing system. Any complaints concerning flagging must be resolved in a timely
manner. If the need for flagging is questioned, please contact the Railroad Engineer.
All verbal complaints will be confirmed in writing by the Contractor within 5
working days with a copy to the Sponsor’s Engineer. Address all written
correspondence electronically to Railroad Engineer.
2.The Railroad flagman assigned to the project will be responsible for notifying the
Sponsor Engineer upon arrival at the job site on the first day (or as soon thereafter as
possible) that flagging services begin and on the last day that he performs such services
for each separate period that services are provided. The Sponsor’s Engineer will
document such notification in the project records. When requested, the Sponsor’s
Engineer will also sign the flagman’s diary showing daily time spent and activity at the
project site.
Special Provisions for Protection of Railway Interests
August 28, 2017 16
8.HAUL ACROSS RAILROAD TRACK:
A.Where the plans show or imply that materials of any nature must be hauled across Railroad’s
track, unless the plans clearly show that the Sponsor has included arrangements for such
haul in its agreement with the Railroad, the Contractor will be required to make all necessary
arrangements with the Railroad regarding means of transporting such materials across
the Railroad’s track. The Contractor or Sponsor will be required to bear all costs incidental to
such crossings whether services are performed by his own forces or by Railroad personnel.
B.No crossing may be established for use of the Contractor for transporting materials or
equipment across the tracks of the Railroad unless specific authority for its installation,
maintenance, necessary watching and flagging thereof and removal, until a temporary private
crossing agreement has been executed between the Contractor and Railroad. The approval
process for an agreement normally takes 90 days.
9.WORK FOR THE BENEFIT OF THE CONTRACTOR:
A.All temporary or permanent changes in wire lines or other facilities which are considered
necessary to the project are shown on the plans; included in the force account agreement
between the Sponsor and the Railroad or will be covered by appropriate revisions to same
which will be initiated and approved by the Sponsor and/or the Railroad.
B.Should the Contractor desire any changes in addition to the above, then he shall make separate
arrangements with the Railroad for same to be accomplished at the Contractor’s expense.
10.COOPERATION AND DELAYS:
A.It shall be the Contractor’s responsibility to arrange a schedule with the Railroad for
accomplishing stage construction involving work by the Railroad or tenants of the
Railroad. In arranging his schedule he shall ascertain, from the Railroad, the lead time
required for assembling crews and materials and shall make due allowance therefore.
B.No charge or claim of the Contractor against either the Sponsor or the Railroad will be allowed
for hindrance or delay on account of railroad traffic; any work done by the Railroad or
other delay incident to or necessary for safe maintenance of railroad traffic or for any
delays due to compliance with these special provisions.
11.TRAINMAN’S WALKWAYS:
A.Along the outer side of each exterior track of multiple operated track, and on each side of single
operated track, an unobstructed continuous space suitable for trainman’s use in walking
along trains, extending to a line not less than 10 feet from centerline of track, shall be
maintained. Any temporary impediments to walkways and track drainage encroachments or
obstructions allowed during work hours while Railroad’s protective service is provided shall
be removed before the close of each work day. If there is any excavation near the
walkway, a handrail, with 10’-0” minimum clearance from centerline of track, shall be placed
and must conform to AREMA and/or FRA standards.
12.GUIDELINES FOR PERSONNEL ON RAILROAD RIGHT-OF-WAY:
A.The Contractor and/or the Sponsor’s personnel authorized to perform work on Railroad’s
property as specified in Section 2 above are not required to complete Norfolk Southern Roadway
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August 28, 2017 17
Worker Protection Training; However the Contractor and the Sponsor’s personnel must be
familiar with Norfolk Southern’s standard operating rules and guidelines, should conduct
themselves accordingly, and may be removed from the property for failure to follow these
guidelines.
B.All persons shall wear hard hats. Appropriate eye and hearing protection must be used.
Working in shorts is prohibited. Shirts must cover shoulders, back and abdomen. Working in
tennis or jogging shoes, sandals, boots with high heels, cowboy and other slip-on type boots is
prohibited. Hard-sole, lace-up footwear, zippered boots or boots cinched up with straps
which fit snugly about the ankle are adequate. Wearing of safety boots is strongly
recommended. In the vicinity of at-grade crossings, it is strongly recommended that
reflective vests be worn.
C.No one is allowed within 25’ of the centerline of track without specific authorization from
the flagman.
D.All persons working near track while train is passing are to lookout for dragging bands,
chains and protruding or shifted cargo.
E.No one is allowed to cross tracks without specific authorization from the flagman.
F.All welders and cutting torches working within 25’ of track must stop when train is passing.
G.No steel tape or chain will be allowed to cross or touch rails without permission from the
Railroad.
13.GUIDELINES FOR EQUIPMENT ON RAILROAD RIGHT-OF-WAY:
A.No crane or boom equipment will be allowed to set up to work or park within boom distance
plus 15’ of centerline of track without specific permission from Railroad official and flagman.
B.No crane or boom equipment will be allowed to foul track or lift a load over the track without
flag protection and track time.
C.All employees will stay with their machines when crane or boom equipment is pointed toward
track.
D.All cranes and boom equipment under load will stop work while train is passing (including
pile driving).
E.Swinging loads must be secured to prevent movement while train is passing.
F.No loads will be suspended above a moving train.
G.No equipment will be allowed within 25’ of centerline of track without specific
authorization of the flagman.
H.Trucks, tractors or any equipment will not touch ballast line without specific permission from
Railroad official and flagman. Orange construction fencing may be required as directed.
I.No equipment or load movement within 25’ or above a standing train or Railroad
equipment without specific authorization of the flagman.
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August 28, 2017 18
J.All operating equipment within 25’ of track must halt operations when a train is passing.
All other operating equipment may be halted by the flagman if the flagman views the
operation to be dangerous to the passing train.
K.All equipment, loads and cables are prohibited from touching rails.
L.While clearing and grubbing, no vegetation will be removed from Railroad embankment
with heavy equipment without specific permission from the Railroad Engineer and flagman.
M.No equipment or materials will be parked or stored on Railroad’s property unless specific
authorization is granted from the Railroad Engineer.
N.All unattended equipment that is left parked on Railroad property shall be effectively
immobilized so that it cannot be moved by unauthorized persons.
O.All cranes and boom equipment will be turned away from track after each work day or whenever
unattended by an operator.
P.Prior to performing any crane operations, the Contractor shall establish a single point of contact
for the Railroad flagman to remain in communication with at all times. Person must also be in
direct contact with the individual(s) directing the crane operation(s).
14.INSURANCE:
A.In addition to any other forms of insurance or bonds required under the terms of the contract
and specifications, the Prime Contractor will be required to carry insurance of the following kinds
and amounts:
1.a.Commercial General Liability Insurance having a combined single limit of not
less than $2,000,000 per occurrence for all loss, damage, cost and expense, including
attorneys' fees, arising out of bodily injury liability and property damage liability during
the policy period. Said policy shall include explosion, collapse, and underground hazard
(XCU) coverage, shall be endorsed to name Railroad specified in item A.2.c. below both
as the certificate holder and as an additional insured, and shall include a severability of
interests provision.
b.Automobile Liability Insurance with a combined single limit of not less
than $1,000,000 each occurrence for injury to or death of persons and damage to or loss
or destruction of property. Said policy or policies shall be endorsed to name Railroad
specified in item A.2.c. below both as the certificate holder and as an additional insured
and shall include a severability of interests provision.
2.Railroad Protective Liability Insurance having a combined single limit of not less than
$2,000,000 each occurrence and $6,000,000 in the aggregate applying separately to
each annual period. If the project involves track over which passenger trains operate,
the insurance limits required are not less than a combined single limit of $5,000,000
each occurrence and $10,000,000 in the aggregate applying separately to each annual
period. Said policy shall provide coverage for all loss, damage or expense arising from
bodily injury and property damage liability, and physical damage to property attributed
to acts or omissions at the job site.
Special Provisions for Protection of Railway Interests
August 28, 2017 19
The standards for the Railroad Protective Liability Insurance are as follows:
a.The insurer must be rated A- or better by A.M. Best Company, Inc.
NOTE: NS does not accept from insurers Chartis (AIG or Affiliated Company
including Lexington Insurance Company), Hudson Group or Liberty or
Affiliated Company, American Contractors Insurance Company and Erie
Insurance Company including Erie Insurance Exchange and Erie Indemnity
Company.
b.The policy must be written using one of the following combinations of
Insurance Services Office (“ISO”) Railroad Protective Liability Insurance Form
Numbers:
(1)CG 00 35 01 96 and CG 28 31 10 93; or
(2)CG 00 35 07 98 and CG 28 31 07 98; or
(3)CG 00 35 10 01; or
(4)CG 00 35 12 04; or
(5)CG 00 35 12 07; or
(6)CG 00 35 04 13.
c.The named insured shall read:
Norfolk Southern Corporation and its subsidiaries
Three Commercial Place
Norfolk, Virginia 23510-2191
Attn: Risk Manager
(NOTE: Railroad does not share coverage on RRPL with any other entity on
this policy)
d.The description of operations must appear on the Declarations, must match the
project description in this agreement, and must include the appropriate
Sponsor project and contract identification numbers.
e.The job location must appear on the Declarations and must include the city,
state, and appropriate highway name/number.NOTE: Do not include any
references to milepost, valuation station, or mile marker on the insurance
policy.
f.The name and address of the prime Contractor must appear on the
Declarations.
g.The name and address of the Sponsor must be identified on the Declarations as
the “Involved Governmental Authority or Other Contracting Party.”
h.Endorsements/forms that rea required are:
(1)Physical Damage to Property Amendment
(2)Terrorism Risk Insurance Act (TRIA) coverage must be included
i.Other endorsements/forms that will be accepted are:
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August 28, 2017 20
(1)Broad Form Nuclear Exclusion – Form IL 00 21
(2)30-day Advance Notice of Non-renewal or cancellation
(3)Required State Cancellation Endorsement
(4)Quick Reference or Index Form CL/IL 240
j.Endorsements/forms that are NOT acceptable are:
(1)Any Pollution Exclusion Endorsement except CG 28 31
(2)Any Punitive or Exemplary Damages Exclusion
(3)Known injury or Damage Exclusion form CG 00 59
(4)Any Common Policy Conditions form
(5)An Endorsement that limits or excludes Professional Liability coverage
(6)A Non-Cumulation of Liability or Pyramiding of Limits Endorsement
(7)An Endorsement that excludes TRIA coverage
(8)A Sole Agent Endorsement
(9)Any type of deductible endorsement or amendment
(10)Any other endorsement/form not specifically authorized in item no. 2.h
above.
B.If any part of the work is sublet, similar insurance, and evidence thereof as specified in A.1 above,
shall be provided by or on behalf of the subcontractor to cover its operations on Railroad’s right
of way.
C.All insurance required under the preceding subsection A shall be underwritten by insurers and be
of such form and content, as may be acceptable to the Company. Prior to entry on Railroad
right-of-way, the original Railroad Protective Liability Insurance Policy shall be submitted by the
Prime Contractor to the Department at the address below for its review and transmittal to the
Railroad. In addition, certificates of insurance evidencing the Prime Contractor’s and any
subcontractors’ Commercial General Liability Insurance shall be issued to the Railroad and the
Department at the addresses below, and forwarded to the Department for its review and
transmittal to the Railroad. The certificates of insurance shall state that the insurance coverage
will not be suspended, voided, canceled, or reduced in coverage or limits without (30) days
advance written notice to Railroad and the Department. No work will be permitted by Railroad
on its right-of-way until it has reviewed and approved the evidence of insurance required herein.
SPONSOR:RAILROAD:
Risk Management
Norfolk Southern Railway Company
Three Commercial Place
Norfolk, Virginia 23510-2191
D.The insurance required herein shall in no way serve to limit the liability of Sponsor or its
Contractors under the terms of this agreement.
E.Insurance Submission Procedures
1.Railroad will only accept initial insurance submissions via US Mail or Overnight carrier to
the address noted in C above. Railroad will NOT accept initial insurance submissions via
email or faxes.Please provide point of contact information with the submission
including a phone number and email address.
Special Provisions for Protection of Railway Interests
August 28, 2017 21
2.Railroad requires the following two (2) forms of insurance in the initial insurance
submission to be submitted under a cover letter providing details of the project and
contact information:
a.The full original or certified true countersigned copy of the railroad protective
liability insurance policy in its entirely inclusive of all declarations, schedule of
forms and endorsements along with the policy forms and endorsements.
b.The Contractor’s commercial general, automobile, and workers’
compensation liability insurance certificate of liability insurance
evidencing a combined single limit of a minimum of $2M per occurrence
of general and $1M per occurrence of automobile liability insurance
naming Norfolk Southern Railway Company, Three Commercial Place,
Norfolk, VA 23510 as the certificate holder and as an additional insured
on both the general and automobile liability insurance policy.
3.It should be noted that the Railroad does not accept notation of Railroad
Protective insurance on a certificate of liability insurance form or Binders as
Railroad must have the full original countersigned policy. Further, please note that
mere receipt of the policy is not the only issue but review for compliance. Due to
the number of projects system-wide, it typically takes a minimum of 30-45 days for the
Railroad to review.
15.FAILURE TO COMPLY:
A.In the event the Contractor violates or fails to comply with any of the requirements of these
Special Provisions:
1.The Railroad Engineer may require that the Contractor vacate Railroad property.
2. The Sponsor’s Engineer may withhold all monies due the Contractor on monthly
statements.
B.Any such orders shall remain in effect until the Contractor has remedied the situation to the
satisfaction of the Railroad Engineer and the Sponsor’s Engineer.
16.PAYMENT FOR COST OF COMPLIANCE:
A.No separate payment will be made for any extra cost incurred on account of compliance
with these special provisions. All such costs shall be included in prices bid for other items of the
work as specified in the payment items.
17.PROJECT INFORMATION
A.Date:_________________________________________
B.NS File No.:_________________________________________
C.NS Milepost:_________________________________________
D.Sponsor’s Project No.:_________________________________________
CONTRACTOR WORKING ON BEHALF OF PROJECT SPONSOR
COSTS REIMBURSED BY PROJECT SPONSOR
NS FILE: CX0085113
CENTRAL OF GEORGIA
CONTRACTOR RIGHT OF ENTRY AGREEMENT
WHEREAS, ______________________________ (“Principal”) has requested that Central of Georgia
Railroad Company (“Company”) permit Principal to be on or about Company’s premises and/or facilities
at or in the vicinity of Company Milepost D-126.75 at or near Augusta, Richmond County, Georgia (the
“Premises”) for the sole purpose of widening the existing Marvin Griffin Road at-grade crossing (DOT#
732969H), on behalf of Augusta-Richmond County (the “Project Sponsor”) during the period
______________, 20____, to ________________, 20____ (the “Right of Entry”).
WHEREAS, Company is willing to grant the Right of Entry subject to the terms and conditions set forth
herein.
NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the
parties hereby agree as follows.
Company hereby grants Principal the Right of Entry. The Right of Entry shall extend to Principal and to
subcontractors and other entities affiliated with Principal who are specifically approved for entry by
authorized representatives of Company in writing, as well as to the officers and employees of the
foregoing (collectively “Licensees”). The Right of Entry shall apply to those portions of the Premises, and
to such equipment, machinery, rolling stock and other personal property and fixtures belonging to
Company or otherwise located on the Premises, only to the extent specifically designated and approved
in writing by authorized representatives of Company (collectively, “Designated Property”).
Principal agrees:
(i)that Licensees’ access to the Premises shall be limited to the Designated Property and
that Principal shall be liable and fully responsible for all actions of Licensees while on the
Premises pursuant to the Right of Entry;
(ii)that Licensees shall (a) be subject to Company’s direction when upon the Premises, and
(b) be subject to Company’s removal from the Premises, in Company’s sole discretion,
due to negligence, misconduct, unsafe actions, breach of this agreement or the failure to
act respectfully, responsibly, professionally, and/or in a manner consistent with
Company’s desire to minimize risk and maintain its property with maximum security and
minimum distractions or disruptions or for any other lawful reason;
(iii)that Licensees shall perform all work with such care, diligence and cooperation with
Company personnel as to reasonably avoid accidents, damage or harm to persons or
property and delays or interference with the operations of any Company’s facilities and in
accordance with Company’s “Special Provisions for Protection of Railway Interest”,
attached and incorporated herein.
(iv)to give Company’s officer signing this agreement, or his or her authorized representative,
advance notification of the presence of Licensees on Designated Property in accordance
with Company’s “Special Provisions for Protection of Railway Interest”;
(v)to indemnify and save harmless Company, its officers, agents and employees from and
against any and all claims, demands, losses, suits, judgments, costs, expenses (including
without limitation reasonable attorney’s fees) and liability resulting from (a) injury to or
death of any person, including without limitation the Licensees, and damage to or loss of
any property, including without limitation that belonging to or in the custody of Licensees
(the “Licensee Property”), arising or in any manner growing out of the presence of either
the Licensees or the Licensee Property, or both, on or about the Premises, regardless of
whether negligence on the part of Company, its officers, agents or employees caused or
contributed to said loss of life, personal injury or property loss or damage in whole or in
part; (b) any alleged violation of any law, statute, code, ordinance or regulation of the
United States or of any state, county or municipal government (including, without
limitation, those relating to air, water, noise, solid waste and other forms of environmental
protection, contamination or pollution or to discrimination on any basis) that results in
whole or in part, directly or indirectly, from the activities of Licensees related in any way
to their presence on the Premises or from any other act or omission of Licensees
contributing to such violation, regardless of whether such activities, acts or omissions are
intentional or negligent, and regardless of any specification by Company without actual
knowledge that it might violate any such law, statute, code, ordinance or regulation; (c)
any allegation that Company is an employer or joint employer of a Licensee or is liable for
related employment benefits or tax withholdings; or (d) any decision by Company to bar
or exclude a Licensee from the Premises pursuant to subsection (ii)(b) above;
(vi)to have and keep in effect the appropriate kinds of insurance as listed in the Company’s
“Special Provisions for Protection of Railway Interest, with insurance companies
satisfactory to Company, during the entire time Licensees or Licensee Property, or both,
is on the Premises: and to provide certificates of insurance showing the foregoing
coverage, as well as any endorsements or other proper documentation showing and any
change or cancellations in the coverage to the Company officer signing this agreement or
to his or her authorized representative;
(vii) to reimburse Company for any costs not covered under the existing project agreement
between the Company and the Project Sponsor, including any material, labor,
supervisory and protective costs (including flagging) and related taxes and overhead
expenses required or deemed necessary by Company because of the presence of either
Licensees or Licensee Property on the Premises;
(viii) to exercise special care and precautions to protect the Premises and equipment,
machinery, rolling stock and other personal property and fixtures belonging to Company
or otherwise located on the Premises (whether or not constituting Designated Property)
and to avoid interference with Company’s operations;
(ix)to not create and not allow drainage conditions which would be adverse to the Premises
or any surrounding areas;
(x)to refrain from the disposal or release of any trash, waste, and hazardous, dangerous or
toxic waste, materials or substances on or adjacent to the Premises and to clean up or to
pay Company for the cleanup of any such released trash, waste, materials or
substances; and
(xi)to restore the Premises and surrounding areas to its original condition or to a condition
satisfactory to the Company officer signing this agreement or to his or her authorized
representative (ordinary wear and tear to rolling stock and equipment excepted) upon
termination of Licensees’ presence on the Premises.
As a part of the consideration hereof, Principal further hereby agrees that Company shall mean not only
Norfolk Southern Railway Company but also Norfolk Southern Corporation and any and all subsidiaries
and affiliates of Norfolk Southern Railway Company or Norfolk Southern Corporation, and that all of
Principal’s indemnity commitments in this agreement in favor of Company also shall extend to and
indemnify Norfolk Southern Corporation and any subsidiaries and affiliated companies of Norfolk
Southern Railway Company or Norfolk Southern Corporation and its and/or their directors, officers,
agents and employees.
It is expressly understood that the indemnification obligations set forth herein cover claims by Principal’s
employees, agents, independent contractors and other representatives, and Principal expressly waives
any defense to or immunity from such indemnification obligations and/or any subrogation rights available
under any applicable state constitutional provision, laws, rules or regulations, including, without limitation,
the workers’ compensation laws of any state. Specifically, (i) in the event that all or a portion of the
Premises is located in the State of Ohio, the following provision shall be applicable: “Principal, with
respect to the indemnification provisions contained herein, hereby expressly waives any defense or
immunity granted or afforded it pursuant to Section 35, Article II of the Ohio Constitution and Section
4123.74 of the Ohio Revised Code”; and (ii) in the event that all or a portion of the Premises is located in
the Commonwealth of Pennsylvania, the following provision shall be applicable: “Principal, with respect
to the indemnification provisions contained herein, hereby expressly waives any defense or immunity
granted or afforded it pursuant to the Pennsylvania Workers’ Compensation Act, 77 P.S. 481”.
This agreement shall be governed by the internal laws of the Commonwealth of Virginia, without regard to
otherwise applicable principles of conflicts of laws. If any of the foregoing provisions is held for any
reason to be unlawful or unenforceable, the parties intend that only the specific words found to be
unlawful or unenforceable be severed and deleted from this agreement and that the balance of this
agreement remain a binding enforceable agreement to the fullest extent permitted by law.
This agreement may be amended only in a writing signed by authorized representatives of the parties.
______________________________CENTRAL OF GEORGIA RAILROAD
COMPANY
Name of Principal
By____________________________ By___________________________________
Title __________________________Title __________________________________
Date ___________________, 20____Date _________________, 20______
Work to be Performed By:Norfolk Southern Railway Company
For the Account of:Richmond County
Project Description:Widening of CR 276 across NS
Location:Augusta, Richmond County, Georgia
Project No.:323-04-296823603
Milepost:D-126.40
File:
Date:
SUMMARY
ITEM A - Preliminary Engineering 0
ITEM B - Construction Engineering 25,286
ITEM C - Accounting 2,073
ITEM D - Flagging Services 59,161
ITEM E - Communications Changes 0
ITEM F - Signal & Electrical Changes 486,351
ITEM G - Track Work 106,765
ITEM H - T-Cubed 0
GRAND TOTAL 679,635$
ITEM A - Preliminary Engineering
(Review plans and special provisions,
prepare estimates, etc.)
Labor:0 Hours @ $60 / hour=0
Labor Additives:0
Travel Expenses:0
Services by Contract Engineer:0
NET TOTAL - ITEM A -$
CX0085113
August 10, 2017
CONSTRUCTION FORCE ACCOUNT ESTIMATE
ITEM B - Construction Engineering
(Coordinate Railway construction activities,
review contractor submittals, etc.)
Labor:40 Hours @ $60 / hour=2,400
Labor Additives:1,886
Travel Expenses:1,000
Services by Contract Engineer:20,000
NET TOTAL - ITEM B 25,286$
ITEM C - Administration
Agreement Construction, Review and/or Handling:1,250
Accounting Hours (Labor):15 Hours @ $30 / hour=450
Accounting Additives:373
NET TOTAL - ITEM C 2,073$
ITEM D - Flagging Services
(During construction on, over,
under, or adjacent to the track.)
Labor:Flagging Foreman
60 days @ 310.00 per day=18,600
(based on working 10 hours/day)
Labor Additive:34,561
Travel Expenses, Meals & Lodging:
60 days @ $100/day=6,000
Rental Vehicle 0 months @ $950/month=0
NET TOTAL - ITEM D 59,161$
ITEM E - Communications Changes
Material:0
Labor:0
Purchase Services:0
Subsistence:0
Additive:0
NET TOTAL - ITEM E -$
ITEM F - Signal & Electrical Changes
Material:(see attached summary)149,973
Labor:(see attached summary)148,305
Purchase Services:0
Other:(see attached summary)188,073
NET TOTAL - ITEM F 486,351$
ITEM G - Track Work
Material:(see attached summary)63,042
Labor:(see attached summary)9,000
Additive:(see attached summary)16,723
Purchase Services:(see attached summary)18,000
NET TOTAL - ITEM G 106,765$
ITEM H - T-CUBED
Lump Sum -$
NOTES
1. For all groups of CONTRACT employees, the composite labor
surcharge rate used in this estimate (including insurance)
is 185.81%. Self Insurance - Public Liability Property
Damage is estimated at 16.00%. Work will be billed at
actual current audited rate in effect at the time the
services are performed.
2. For all groups of NON-CONTRACT employees, the composite
labor surcharge rate used in this estimate (including
insurance is 78.59%. Self Insurance - Public Liability
Property Damage is estimated at 16.00%. Work will be
billed at actual current audited rate in effect at the
time the services are performed.
3. All applicable salvage items due the Department will be
made available to it at the jobsite for its disposal.
4. The Force Account Estimate is valid for one (1) year
after the date of the estimate (08/10/2017). If the work is
not performed within this time frame the Railway may
revise the estimate to (1) include work not previously
indicated as necessary and (2) reflect changes in cost
to perform the force account work.
***Purchases - Others***
Meals and Lodging:$41,035.68
Rental of Equipment:$56,095.62
(2 Trucks, 1 Backhoe w/ Trailer
and 1 Pipe-Pusher for 50 Days)
Construction Supervision Vehicle:$8,580.75
Purchases - Other Total:$105,712.05
***Material And Additives***
Material Cost:$127,095.00
Sales and Use Tax:$10,168.00
Material Handling Freight:$12,709.52
Material Total:$149,972.52
***Labor And Additives***
Labor Cost:$96,600.00
(6 man crew at $1,932.00 a day for: 50 days)
Payroll Tax & Overheads:$82,361.16
Preliminary Engineering:$23,488.00
Construction Supervision:$28,216.86
Labor Total:$230,666.02
Project Cost:$486,350.59
Scrap / Salvage Credit:$0.00
Project Total:$486,351.00
07-Feb-17
Detailed Estimate for Grade Crossing Warning Devices
City/State:AUGUSTA, GA Road:MARVIN GRIFFIN ROAD
MilePost:D-126.75 DOT/AAR:732969H
State Proj. No.:County:RICHMOND
S&E Proj. No.:03.1214 File Number:061-03.0504
Man Days:200
Estimated on: 07-Feb-17 Estimated by: bf2cc
Estimate valid for 1 year from date of estimate
Georgia Division DOT Number:732-969H
Augusta, Richmond County, Georgia Milepost:D-126.40
ESTIMATE FOR CROSSING IMPROVEMENT (CONCRETE CROSSING SURFACE)
Widening of CR 276 across NS
1 TRACK(S);68 CROSSING LENGTH
MATERIAL QUANTITY UNIT UNIT COST AMOUNT
SURFACE MATERIAL (Concrete)72 TRK. FT.300.00 21,600
ASPHALT (BY CONTRACTOR)77 TONS 165.00 12,784
RAIL, 136-LB RE 160 LIN FT.23.00 3,680
TRANSITION RAIL 4 EA.1140.00 4,560
INSULATED JOINTS 0 EA.550.00 0
RAIL ANCHORS 288 EA.1.50 432
SPIKES 3.0 KEG 115.00 345
TIE PLATES 144 EA.12.00 1,728
CROSSTIES (10')45 EA.75.00 3,375
CROSSTIES (GRADE 5)27 EA.55.00 1,485
BALLAST AND GRAVEL 121 TONS 35.00 4,235
GEOTEXTILE 88 LIN FT.7.00 616
THERMITE WELDS 8 EA.650.00 5,200
ASPHALT (DISPOSAL)0 LUMPS 5000.00 0
_______
TOTAL (INCLUDES 5% INVENTORY OR TAX ADDITIVES)63,042
LABOR Safety factor for MH
REMOVE EXISTING CROSSING 70 MAN HOURS 25.00 1,750
REHABILITATE TRK. STRUCTURE 140 MAN HOURS 25.00 3,500
INSTALL NEW CROSSING 150 MAN HOURS 25.00 3,750
_______
TOTAL 9,000
OTHER ITEMS
Rail 0.0 TON 70 0
Scrap 0.0 TON 70 0_______
0
COMPOSITE LABOR ADDITIVE (185.81)16,723
EQUIPMENT RENTAL & TRANSPORTATION 18,000
0 ________
TOTAL (Billed to Project Sponsor )$106,765
ESTIMATE BASED ON TRAFFIC CONTROL AND BARRICADES BEING PROVIDED BY
OTHERS, AND FULL CLOSURE OF ROAD. PAVING BY CONTRACTOR.
This estimate is valid for one (1) year after the date of estimate. If work is not performed within this
time frame the Railway may revise the estimate to include work not previously deemed necessary.
This estimate shall not be considered as an approval for a temporary crossing. Information provided is an
estimation of the anticipated cost for the construction of the crossing only. All temporary construction
crossings require a separate approval from Norfolk Southern’s General Manager and Division Superintendent,
a separate stand alone temporary construction crossing agreement with associated real estate fees,
and all required insurances as noted in the in the temporary construction crossing agreement.
OFFICE OF CHIEF ENGINEER, BRIDGES AND STRUCTURES - ATLANTA, GEORGIA
Friday, July 21, 2017 File:CX0085113
PRELIMINARY & CONSTRUCTION ENGINEERING SERVICES AND INVOICE
PREPARATION
Existing Crossing
Commission Meeting Agenda
12/5/2017 2:00 PM
North Leg Road Improvements - Phase II
Department:Engineering
Department:Engineering
Caption:Motion to approve funding for Design Consultant Services
Supplemental Agreement Four to Wolverton & Associates, Inc. in
the amount of $72,000.00 for Transportation Investment Act
(TIA) Project, North Leg Road Improvements Project - Phase II as
requested by the AED. (Approved by Engineering Services
Committee November 28, 2017)
Background:North Leg Road Improvements Project is one (1) of fifty (50) City
of Augusta, Georgia TIA (aka TSPLOST) projects. Project limits
are approximately 0.20 miles south of the intersection of
Wrightsboro Road and North Leg Road and approximately 0.17
miles north of the intersection. The total project length is
approximately 0.79 miles. This project consists of realigning two
intersections (Wrightsboro Road with North leg Road/Jackson
Road and Sibley Road with North Leg Road), addition of turn
lanes, adding curb & gutter, sidewalks and a storm sewer. This
project is constructed in two phases. Phase 1 is completed and
included private utilities relocation. On November 2, 2017 road
phase 2 construction bids were opened and contract award process
is underway . The project phase 2 consists of roadway widening &
improvements, drainage improvements, Curb & Gutter, water &
sewer improvements, sidewalk, and traffic signal upgrade.
Construction Phase of roadway and drainage improvements
require design related coordination with utilities, railroad,
resolution of constructability conflicts, and request for field
information that warrants design engineer services.
Analysis:In 2014, commission approved award of design phases of the
project to Wolverton & Associates. The project phase 1 is
completed and phase 2 is about to go under construction. This
supplemental agreement covers services during construction phase
for contractor request for field information, utility conflicts
assessment & resolution, field engineering, and attending
construction progress meetings.Cover Memo
Financial Impact:Funds are available in Project TIA funds.
Alternatives:1). Approve funding for Design Consultant Services Supplemental
Agreement four to Wolverton & Associates, Inc. in the amount of
$72,000.00 for Transportation Investment Act (TIA) Project,
North Leg Road Improvements Project - Phase II as requested by
the AED. 2). Do not approve and find alternative to complete the
project and meet TIA project completion schedule.
Recommendation:Approve Alternative Number One.
Funds are Available
in the Following
Accounts:
Project TIA Funds 371-041110-5212115/T13045129- 5212115
REVIEWED AND APPROVED BY:
Finance.
Procurement.
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 set up and authorized to CPB# 371-041110-T13045129
for Supplemental Agreement Number Four in the amount $72,000 for the
North Leg Improvements project funded from TIA project account.
Section 2: The following revenues are anticipated to be available to the Consolidated
Government to complete the project.
500,000$
72,000$
TIA CONSTRUCTION 245,136$
TIA Discretionary 6,000$
823,136$
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
Honorable Hardie Davis, Jr., Mayor
CPB#371-041110-T13045129
CAPITAL PROJECT BUDGET
North Leg Road Corridor Improvements
TIA Project Budget
(Wrightsboro Road to Sibley Road)
TIA Project Budget
11.15.2017
Augusta-Richmond County, Georgia CPB#371-041110-T13045129
CAPITAL PROJECT BUDGET
North Leg Road Corridor Improvements
SOURCE OF FUNDS CPB CPB Addition CPB
TIA Project Funds (500,000)$ (72,000) (572,000)$
371-04-1110-5212115/T13045129-5212115
TIA CONSTRUCTION
371-041110-T13049129 (245,136) (245,136)
TIA Discretionary (6,000) (6,000)
TOTAL SOURCES:(751,136)$ (72,000) (823,136)$
USE OF FUNDS
ENGINEERING
371-04-1110-5212115/T13045129-5212115 500,000$ 72,000$ 572,000$
TIA CONSTRUCTION
371-041110-5414110-T13045129 245,136$ 245,136$
TIA Discretionary 6,000$ 6,000$
TOTAL USES:751,136$ 72,000$ 823,136$
11.15.2017
(SA02 – For changes greater than $25,000)
AUGUSTA-RICHMOND COUNTY
AUGUSTA, GA ENGINEERING DEPARTMENT
SUPPLEMENTAL AGREEMENT
WHEREAS, We, “Wolverton & Associates, Inc.” Consultant, entered into a contract with Augusta-
Richmond County on “February 18, 2014”, for the “North Leg Road Improvements ”, Project No.
371-041110-T13045129, File Reference No. 14-014 (A), and
WHEREAS, certain revisions to the design requested by Augusta-Richmond County are not covered
by the scope of the original contract, we desire to submit the following Supplemental Agreement
to-wit:
Additional Engineering Services for Construction
Administration of North Leg Rd Improvements
It is agreed that as a result of the above described modification the contract amount is increased by
$72,000.00 from $506,000.00 to a new total of $578,000.00.
Any modifications to submittal dates shall be as identified in the attached proposal. This agreement
in no way modifies or changes the original contract of which it becomes a part, except as specifically
stated herein.
NOW, THEREFORE, We, “Wolverton & Associates, Inc.”, Consultant, hereby agree to said
Supplemental Agreement consisting of the above mentioned items and prices, and agree that this
Supplemental Agreement is hereby made a part of the original contract to be performed under the
specifications thereof, and that the original contract is in full force and effect, except insofar as it
might be modified by this Supplemental Agreement.
This day of , 2017.
RECOMMEND FOR APPROVAL:
CITY OF AUGUSTA-RICHMOND COUNTY Wolverton & Associates, Inc.
AUGUSTA, GEORGIA
Honorable Mayor Hardie Davis, Jr.
Approved: Date Approved: Date
[ATTACHED CORPORATE SEAL]
ATTEST: __________________________
Title: ___________________________
Augusta Richmond County Project Number(s): 371-041110-T13045129
Supplemental Agreement Number: 3
Purchase Order Number: P242183
Commission Meeting Agenda
12/5/2017 2:00 PM
Request for Authorization to Submit Revised County Radar Permit to GDOT for Approval
Department:Engineeering
Department:Engineeering
Caption:Motion to authorize Traffic Engineering to submit revised
County Radar Permit to the Georgia Department of Transportation
for approval. (Approved by Engineering Services Committee
November 28, 2017)
Background:Every few years, the existing Augusta Richmond County Radar
Permit, which regulates speed limits and school zones on county
roads and state routes, needs to be resubmitted and approved by
Georgia DOT.
Analysis:The County Radar Permit needs to be resubmitted and approved
by the Georgia DOT for the 2018 calendar year. No speed limits
were changed in this proposed permit. Some modifications were
made to school zones at the request of the Richmond County
School System and Augusta University.
Financial Impact:None
Alternatives:1) Approve authorization for Traffic Engineering to submit
County Radar Permit to GDOT for approval. 2) Do not authorize
Traffic Engineering to submit radar permit to GDOT.
Recommendation:Approve alternative No. 1.
Funds are Available
in the Following
Accounts:
N/A
REVIEWED AND APPROVED BY:Cover Memo
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Commission Meeting Agenda
12/5/2017 2:00 PM
Minutes
Department:
Department:
Caption:Motion to approve the minutes of the regular meeting of the
Augusta Commission held November 21, 2017, and Special
Called meetings held November 21, 2017 and November 28,
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 - lll2ll20l7
ATTENDANCE:
Present: Hons. Hardie Davis, Jr., Mayor; Jefferson, Guilfoyle, Sias, Frantom, M.
Williams, Davis, D. Williams, Hasan and Smith, members of Augusta Richmond County
Commission. Absent: Hon. Fennoy (participates by telephone), member of Augusta
Richmond County Commission.
INVOCATION: Reverend Vivian T. Hambrick, Pastor, Live River Baptist Church.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE TJNITED STATES OF AMERICA.
PRESENTATION(S)
L. 2017 Augusta United Way Campaign Presentation.
lB ltemAoorovalsheet.html
Motions
Motion;- ---- Motion Textr ype
Made Seconded Motion
By By Result
Item
Action:
None
Item
Action:
None
Presentation is made for the 2017
Augusta United Way Campaign.
Five (5) minute time limit per delegation
DELEGATIONS
B. Ms. Latoya Hardman, MSW regarding Continuum of Care for the Homeless.
lB }rs. Latova Hardmanlltsw 1l.2l.l7.rrdf
lB ltemApnrovalsheet,html
Motions
Motion Motion Textrype
Made SecondedBv By
Motion
Result
Presentation is made by Ms.
Hardman.
C. Mr. William Franke, representating the Pendleton King Park Foundation in ltem
reference to the upcoming lease expiration and possible sale of the PKP. Action:
None
lB william Franke.pdf
lB ItemAnnrovalsheet.htm I
Motions
Motion Made Seconded Motioniil" Motion Text By By Resurt
Presentation is made by Mr. Jim
Blount, President of the Pendleton
King Park Foundation.
CONSENT AGENDA
(Items l-27)
PLANNING
1. FINAL PLAT - Highborne Phase II - 5-858 - A request for concurrence with Item
the Augusta Planning Commission to approve a petition by H & C Surveying Action:
Inc., on behalf of TCA, LLC requesting final plat approval for Highborne Phase Approved
II. This townhome subdivision is located off Old Waynesboro Road and
contains 75 lots. DISTRICT 6 Approval by all Reviewing Agencies (112-06-
2017) under Performance Guarantee with the following conditions: 1. Show
on final plat the width of roadway on all roads; 2. Add 80' diameter torn
around at the end of Kingman Drive; 3. Streetlights shall be installed and
operational prior to Certificates of Occupancy being issued or during
construction of infrastructure per Augusta Engineering Department Street and
Road Technical Manual (current edition).
lB final plat highborne.odf
lE ltemAnprovalsheet.html
Motions
Y:11' Motion Text Made By Seconded By Motion
r YPe ' ---- -r Result
Motion to aoprove
Approve Mr. Fe
-- -"':--' Commissioner Commisioner
rurotio.,TlL:Xb . Sammie sias Sean Frantom Passes
2. Z-17-36 - A request for concurrence with the Augusta Planning Commission to
approve with the conditions stated below;a petition by Azarn Nizamuddin, on
behalf of the North American Islamic Trust, requesting a Special Exception to
establish a healthcare clinic as part of the church activities per Section 26-l (a)of the Comprehensive Zoning Ordinance for Augusta-Richmond County
affecting property containing 1.6 acres and known as 3416 Middleton Drive.
Tax Map 010-0-020-00-0 Continued from October 2,2017 meeting. DISTRICT7 1. Adequate landscape buffering, as determined by the Tree Ordinance,
shall be provided between the subject parcel and adjacent residences to shield
residents from any adverse impact associated ',rrith increased traffic at the site.2. Hours of operation for the clinic use shall be limited to two Saturdays each
calendar month from 8 am to 2 pm. 3. Labwork shall not be performed on
site.
Item
Action:
Approved
Motion to approve.
Approve Mr. Fennoy out. commissioner commissioner
Motion passes 9-0. Wayne Guilfcryle Mary Davis Passes
3. ZA-R-249- A request for concurrence with the Augusta Planning Commission ltem
to approve a petition to amend to the Comprrehensive Zoning Ordinance for Action:
Augusta Georgia by adding to Section 3-A (Outdoor/Street Lighting) the Approved
following: 3-A-2 Applicability 1. All new development/site plans must
include information regarding installed street l1ghts and other outdoor lighting.All street lighting must comply with the latest edition of Augusta's Street and
Road Design Technical Manual and be installed concurrently with other public
utilities.
[B z-l?-36.odf
lB ItemApprovelsh€et.html
Motions
Motion;--'-- Motion TextI ype Seconded By f*t#Made By
Made By
Commissioner
lB za-r-249-reoort.odf
@ za-r-249-amendment.pdf
lB ItemApprovalSheet.html
Motions
Motion Motion Textr ype
^ Motion to aoorove.APProve Mr. Fennoyout.
Seconded By
commissioner Passes
Motion
Result
Motion Passes 9-0. Wayne Guilfoyle Mary Davis
PUBLIC SERVICES
4. Motion to approve New Applicant: A.N. 17-34: request by Tasneem Hassan ltem
Jamil for a retail package Beer & Wine License to be used in connection with Action:
South Pole LLC dba Super Express #11 located at 1237 Gordon Highway. ApprovedDistrict 1. Super District 9. (Approved by Public Services Committee
November 14,2017) .
B aN3l.oaf
lB ItemAooroyalsheet.html
Motions
Motion f,f,.a:^_,Tr^_-1 rr_r h ^ r rh Motion;::- "" Motion Text Made By Seconded ByI YPe ''---- -r Result
Motion to approve.
Approve Mr. Fennoy out. commissioner commissioner
Motion passes 9_0. wayne Guilfoyle Mary Davis Passes
5. Motion to approve New Applicant: A.N. 17-35: request by Padma K. Rana for Item
a retail package Beer & Wine License to be used in connection with Hola Action:
Convenience Store located at 2517 Milledgeville Rd. District 2. Super District Approved
9. (Approved by Public Services Committee November 14,2017')
E tN3s.ndr
B ltemAnnrovalsheet,html
Motions
Y.::"' Motion Text Made By seconded By MotiontYPe r ----'---- -r Result
Motion to approve.
Approve Mr. Fennoy out. Commissioner Commissioner
Motion passes 9_0. wayne Guilfoyle Mary Davis Passes
6. Motion to approve New Ownership Application: A.N. 17-36: A request by ItemMinesh Patel for a retail package Beer & Wine License to be used in Action:
connection with Ramdevpir, Inc dba AM-PM Food Mart located at 1898 Gordon Approved
Highway. District 2. Super District 9. (Approved by public
Services Committee November 14, Z0l7')
Motion to approve.
Approve Mr. Fennoy out. commissioner commissioner
Motion passes 9,0. Wayne Guilfoyle Mary Davis Passes
7. Motion to approve New Location: A.N. 17-38: request by Bipin Hira for an on Item
premise consumption Liquor, Beer and Wine License and retail Beer and Action:
Wine License to be used in connection with Augusta Lodging, LLC dba Approved
Springhill Suites located at 1110 Marks Church Road. District 3. Super District
10. (Approved by Public Services Committee November I4, 2017\
lB ,rxsr.oar
lB ltemAnnrovalsheet.html
Motions
$otion Motion Textr ype
B.lxla.nar
lE ItemAnnrovalsheet.html
Motions
Motion Mofion Textr ype
Made By Seconded By
Made By Seconded By
Motion
Result
Motion
Result
l\tlotion
Result
Motion to approve.
Approve Mr. Fennoy out. commissioner commissioner
Motion passes 9_0. Wayne Guilfoyle Mary Davis Passes
8. Motion to approve request by the Planning & Development Department to Item
renew all existing Alcohol Beverage Licenses, Arcades Licenses, and Adult Action:
Entertainment Establishment Licenses in the City of Augusta. This will include Approvedall Sunday Sales and Dance Licenses. Districts 1-8. Super Districts 9 and 10.
(Approved by Public Services Committee November 14, 2017)
[E ZOtA Alcohol Renewal.ndf
B ItemAnurovalsheet html
Motions
Y:li'" Motion Textrype
Motion to approve.
Approve Mr. Fennoy out.
Motion Passes 9-0.
Seconded ByMade By
Commissioner
Wayne Guilfoyle
Commissioner
Mary Davis Passes
9. Motion to approve an amendment to increase the value of the Architectural and Item
Engineering services contract with Wendel Companies dated March 25,2013 for Action:
the Construction Administration of a Transit Operation and Maintenance Approved
Facility for Augusta, Georgia. (Approved by Public Services Committee
November 14,2017)
IB Aususta CA fee cover 10-20-17 (003).pdf
B Agenda for Wendel-,l.docx
B Chanse_order for \\'endel t0-JI-20l7.ndf
IE Independent Estimate form for Transit Facilitv.ndf
Motion
Result
Motion to approve.
Approve Mr. Fennoy out. Commissioner Commissioner
Motion passes 9_0. Wayne Guilfoyle Mary Davis Passes
10. Motion to approve the creation of a Task Force with Commissioner Guilfoyle Itemas Chair and fill the positions for the purpose of revisiting the Action:
current ordinances that provides for the licensing and use of golf cars on public Approved
streets in Augusta. (Approved by Finance Committee November 14, 20L7)
lE ItemAonrovalSheet.html
Motions
Motion Motion Textr ype
B ltemApprovalsheet.html
Motions
Motion Motion Textrype
Motion to approve.
Approve Mr. Fennoy out.
Motion Passes 9-0.
Motions
Motion Motion Textrype
Motion to reconsider
A ___^_.^ this item. Mr. FennoyAPProve and Ms. Davis out.
Motion Passes 8-0.
Motions
Made By Seconded By
Made By Seconded By
Commissioner Commissioner
Wayne Guilfoyle Mary Davis
Made By
Commissioner
Wayne
Guilfoyle
Seconded By
Commissioner
Ben Hasan
Motion
Result
PasseS
Motion
Result
Passes
X*:" Motion Text Made By Seconded By f;tjilrype
Motion to approve this
item and the
appointment of Mr. Commissioner
Approve l:n:r"ntp35; y;ilffi,. ;:rffi::';"' Passes
out.
Motion Passes 8-0.
11. Motion to approve a request by Jennifer Paulos Lewis for a Massage Item
Operators License to be used in connection with Cucumber and Mint, LLC Action:
located at 461 Highland Ave. District 7. Super District 10. (Approved by Approved
Public Services Committee November 14,2AL7\ .
lB Cucumber and N{int LLC.odf
B ItemApprovalsheet.html
Motions
f#:"' Motion rext Made By seconded By fffii
Motion to approve.Commissioner CommissionerApprove Mr. Fennoy out. ;;:.-^;:,;;^_.,^ *-,^:_-;__,_---^ Passes
Motion Passes 9-0. Wayne Guilfoyle Mary Davis
12. Motion to approve a contract amendment with SKANSKA USA Building Inc. Item
for Construction Project Management Services for Augusta's Transit Operation Action:
and Maintenance Facility project. (Approved by Public Services Committee Approved
November L4,2017)
E Skanska Fee Proposal Aupusta Transit Bus OM Facilifv 9-29-11.ndf
IE Indeoendent Estimate_Form for_Proiect l\lanaqement \\'ork.docx
B Change order tbr SKANSKA l0-Jl-20l7.prlf
[B Apende for Proiect l\{anqement Cnnfra.f Mndifinqfinn.inav
B ltemAnorovalsheet.html
Motions
|'#:"' Motion Text Made By Seconded By f.'rffI
Approve M::i"#:approve' commissioner commissioner Passes
Motion Passes 9-0. Wayne Guilfoyle Mary Davis
13. Motion to approve a contract with NS Corporation for the purchase of a Bus Item
Wash System for a fixed price of $227,901.56. (RFP 17-249) (Approved by Action:
Public Services Committee November 14, 2017) Approved
IB IEF Bus wesh.pdf
E Commission Resolution for Bus Wash Eouipment.docx
B 17-249 RFP sent to-newspaper - revision,pdf
E rz-zng ornclaL tag.par
IB t7-249 CumulatiYe Eval Sheet.pdf
lB l7-249 Department Recommendation of Award.pdf
E Process Resardins RFPs.ndf
lB Pre Pronosal Sien In Sheet.odf
@ Mail List. Demandstar Planholders Georsia Procurement List.pdf
lB ItemAoorovalsheet.html
Motions
X:j*1" Motion Texr Made By Seconded By Motion'l'ype - ----- -r -----'--- -r Result
Motion to approve.
Approve Mr. Fennoy out. commissioner commissioner
Motion passes 9-0. Wayne Guilfoyle Mary Davis Passes
ADMINISTRATIVE SERVICES
14. Motion to approve proposed Lease Renewal for Augusta Aviation, Inc. at ltem
Daniel Field. (Approved by Administrative Services Committee November Action:
14,2017)Approved
lB Aususta Aviation pronosed lease renewal.docx
lB ltenr.{ nnrovalsheet.html
Motions
Motion Motion Text Made By Seconded By #riliI ype
Motion to approve.
Approve Mr. Fennoy out. Commissioner Commissioner
Motion passes 9_0. wayne Guilfoyle Mary Davis Passes
15. Motion to approve a request from Mr. Sonny Pittman, President Elect, Col. Item
William Few Chapter of the Georgia Society Sons of the American Revolution Action:
Patriot regarding the placement of a grave marking honoring Georgia's three Approved
signers of the Declaration of Independence in accordance with city policy for
placement of markers. (Approved by Administrative Services Committee
November 14r2017)
B Sonnr'-Pittman-Sons-oLAmerican_Revolution Markerr.pdf
lB Policv Placement of Historical l\{rrkers.Mounments.odf
E ltemAonrovalsheet.html
Motions
X:j]"' Motion Text Made By Seconded By MotionType Result
Motion to approve.
Approve Mr. Fennoy out. commissioner commissioner
Motion passes 9_0. Wayne Guilfoyle Mary Davis Passes
16. Motion to approve the request that Suite 1501 on the first floor of the Augusta- Item
Richmond County Judicial Building John H. Ruffin, Jr. Courthouse be named Action:
The J. Richard Dunstan Lawyers Lounge. (Approved by Administrative Approved
Services Committee November 14, 2017)
E J. Dunstau Lawvers l,ounpe.ndf
lB Ordinance 7386 Buildine Namins .pdf
E Naming J. Dunstan Lawvers Lounse.odf
IB ItemAnnrovalsheet.htnrl
Motions
|^#:"' Motion Text Made By seconded By f;iil'
Motion to approve.
Approve Mr. Fennoy out. Commissioner Commissioner
Motion passes 9_0. wayne Guilfoyle Mary Davis Passes
PUBLIC SAFETY
17. Motion to approve the Agreement with Georgia Emergency Management & Item
Homeland Security Agency and approve acceptance of the grant award in the Action:
amount of $20,000.00 (Grant No. SHOIT-012) and authorize the Mayor to Approved
execute all required documents. (Approved by Public Safety Committee
November l4r2017)
lE 201? Apreement Cranr S20.000.00.ndf
lE ItemApprovalsheet.html
Motions
X:j1" Motion Text Made By Seconded By Motion't'ype Result
Motion to approve.
Approve Mr. Fennoy out. commissioner commissioner
Motion passes 9-0. Wayne Guilfoyle Mary Davis Passes
18. Motion to approve acceptance of the award of a State grant for the Richmond ltem
County DUI Court to fund a part-time contractor to work as a laboratory Action:
technician in the court's DUI and Drug Court drug testing laboratory. Approved
(Approved by Finance Committee November l4r20L7)
B Bettsacrounlabilih courtcontract.pdf
IB Grantoffi cialbudset.pdf
IB ItemAnprovalsheet.html
Motions
Y:jl" Motion Text Made By Seconded By Motion
f YPe "'--- -r Result
Motion to approve.
Approve Mr. Fennoy out. commissioner commissioner
Motion passes 9_0. Wayne Guilfoyle Mary Davis Passes
FINANCE
19. Motion to approve a resolution authorizing the filing of an application with the Item
Federal Transit Administration (FTA) for a grant under Title 49 U.S.C., Action:
Section 5303. (Approved by Finance Committee November l4r20l7) Approved
lE Resolution-and Budset.odf
B ItemAporovalsheet.html
Motions
|'#:" Motion Text Made By Seconded By f;tjil
Motion to approve. ^Approve Mt[*:fiyb_; $:T3'dl,ll,ll,,. fi".THiJlJ" passes
20. Motion to approve (1) year renewal of agreement with Corvel, acting as Third ItemParty Administrator, to provide Worker Compensation Action:
Claims Administration services to Augusta, GA. (Approved by Finance Approved
Committee November 14, 2017)
B Aususta-Georsie-Consolidated_Government I\{v Care Ann-Amendment_01 -20-l 5.ndf
E Augusta Georgia Consolidated Government Amendment 2 (Renelval Pharmacv an....ndf
IB 2 CorVel Contract Effective 02012015000I.odf
B ItemAonrovalsheet html
Motions
Motion Motion-^"""" Motion Text Made By Seconded ByType ''---- -r ----"--- -J Result
Motion to approve.. Commissioner CommissionerApprove vlr. rennoy out. rrr^,,-^ /.a,.:r{.^,.r^ r,f^-. r\^..:^ rasses
Motion passes 9-0. wayne Guilfoyle Mary Davis
ENGINEERING SERVICES
21. Motion to approve ESD to Utilize the Georgia EPD Local Government Scrap Item
Tire Abatement Program and Authorize the Administrator and Mayor to Action:
execute Agreements and Required Documents. (Approved by Engineering Approved
Services Committee November 14, 2017)
[B suidelines.odf .
lB Tire amnesty agreement.pdf
B Reimbursement aoplication,pdf
lB ItemAoorovalsheet,html
Motions
X:l:"t Motion Text Made By seconded By Motion
I YPe "---- -r Result
Motion to approve.
Approve Mr. Fennoy out. Commissioner Commissioner
Motion passes 9-0. wayne Guilfoyle Mary Davis Passes
22. Motion to approve award of Bid #17-238 for exterior painting for 1840 ltemWylds Road for Augusta Utilities C & M Department. (Approved by Action:
Engineering Services Committee November 141201,7) Rescheduled
IB t7-238 tTB - SENT TO pAptrR revision.pdf
{B Offical Tah-I7-238.pdf
B Mandatorv Pre-Bid Conferenre.pdf
[B 17-238 Department Recommendation of A$,ard.pdf
tB Mail List and Demandstar Planholders.pdf
lB Comnliance Info tltilities \\/vlds Rd Ext Painting A D Painting.odf
B ltemAnnrovalsheet.html
Motions
X:t:" Motion Text Made By Seconded By Motion'I'ype ""-- -r Result
Motion to refer this
item back to Commissioner CommissionerDefer committee. Mr. Wayne Marion Passes
Fennoy out. Guilfoyle Williams
Motion Passes 9-0.
23. Motion to determine that the Alley East of Eleventh Street, One Block South ltem
of Telfair Street and One Block North of Walker Street, as shown on the Action:
attached map has ceased to be used by the public to the extent that no Approved
substantial public purpose is served by it or that its removal from the county
road system is otherwise in the best public interest, and to receive as
information the results of the public hearing held regarding the issue of
abandonment pursuant to O.C.G.A. $32-7-2,withthe 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 and adopt the attached Resolution. (Approved by Engineering
Services Committee November 1.4, 2017)
IB .{senda ltem Allev llth. Telfair Walker Street Asenda ftem - 2nd Reedino nrtf
lB Map - Allev at llth. Telfair. Walker.pdf
lB Resolution - Allev I I th- Telfcir WqlLer nrl{
IB ItemAoorovalsheet.html
Motions
X:jl"' Motion Text Made By seconded By Motionlype - ---- -'t Result
Motion to approve.
Approve Mr. Fennoy out. Commissioner Commissioner
Motion passes 9-0. Wayne Guilfoyle Mary Davis Passes
24. Motion to determine that Hebron Court as shown on the attached map has Item
ceased to be used by the public to the extent that no substantial public purpose Action:
is served by it or that its removal from the county road system is otherwise in Approved
the best public interest, pursuant to O.C.G.A. 532-7-2, with the abandoned
property to be quit-claimed to the appropriate party(ies), as provided by law
and an easement to be retained over the entire abandoned portion for existing
or future utilities as directed by Augusta Engineering Department and Augusta
Utilities Department. (Approved by Engineering Services Committee
November L4,2017)
Motion to approve' commissioner commissionerApprove Mr. Fennoy out. ;;^::^;::;;:-.,^ r",::j,-:;^^-' Passes
Motion passes 9_0. Wayne Guilfoyle Mary Davis r eesve
25. Motion to approve the installation of 19 LED street lights along Harper Street Item
between 15th Street and St Sebastian Way for the Augusta Medical District. Action:
(Approved by Engineering Services Committee November 14,2017) Approved
E Georsia Pou,er oronosal Street Lishts ll.l.20t7.ndf
lB Asenda Hebron Court - lst Readinp.ndf
IB NIao Hebron Court.ndf
B ItemAonrovalsheet.html
Motions
Motion;-""" Motion TextI VDC Made By Seconded By
Text Made By Seconded By
Motion
Result
Motion
Result
IB ltemAoorovalsheet.html
Motions
Motion MotionI ype
Motion to approve.
Approve Mr. Fennoy out. commissioner commissioner
Motion passes 9-0. wayne Guilfoyle Mary Davis Passes
26. Motion to approve award of Construction Contract to Reeves Construction Co. Item
in the amount of $4,959,790.31 for Resurfacing Various Roads (Richmond Action:
Hill, Boykin Rd., Old Waynesboro Rd., and Gardeners Mill Rd.) as requested Approved
by AED. Award is contingent upon receipt of signed contracts and proper
bonds. (Bid 17-243) (Approved by Engineering Services Committee
November 14,2017)
IE cPB lo.l8.2ol7.xtsx
IB 17-243 ITB to paner.ndf
@ 17-24i DeDartment Rerommendation of Award.ndf
E officiat t7-24J.oaf
lH Compliance Inlbrmation Reeves Construction.pdf
lB l4andatorv Pre Bid Sisn In Sheet.ndf
B Mail List and Demandstar Planholders.pdf
E ltemAonrovatSheet.html
Motions
|#:" Motion Texr Made By Seconded By ffiii,'
Motion to approve. A
Approve Mr. Fennoy out. commissioner commissioner
Motion passes 9-0. Wayne Guilfoyle Mary Davis Passes
PETITIONS AND COMMUNICATIONS
27. Motion to approve the minutes of the regular meeting held November 7, Item
2017, and Special Called meeting held November 14,2017 . Action:
Approved
E Regular Commission Meeting November 7 20l7.pdf
B Called Commission Meetins November l4 20l7.pdf
Et ItemApnrovalsh eet.htnrl
Motions
Motion Motionifi;- Motion Text Made By seconded By Resutt
Motion to approve.
Approve Mr. Fennoy out. commissioner commissioner
Motion passes 9-0. wayne Guilfoyle Mary Davis Passes
*** *EI\D CONSENT AGENDA'S'T**
AUGUSTA COMMISSION
l1t2U20t7
AUGUSTA COMMISSION /
REGULAR AGENDA
tlt2u20t7
(Items 28-38)
PUBLIC SERVICES
28. Motion to approve New Ownership Application: A.N. 77-37: A request by ltem
Hardeep Singh for a retail package Beer & Wine License to be used in Action:
connection with H and A Sales Enterprises LLC dba Bodies' located at 306 Approved
Thirteenth Street. District l. Super District 9. (No recommendation Public
Services Committee November 14, 2017)
B AN:z.oaf
lE ItemAonrovalsheet.html
Motions
Motion Motion Text'l'ype
Unanimous consent is given to add
this item to the consent agenda.
Made Seconded Motion
By By Result
Motions
f#:"' Motion rext Motion
Result
Motion to approve. ^ _
Approve Mr. Fennoy out. commtsstoner commissioner
Motion passes 9-0. wayne Guilfoyle Mary Davis Passes
29. The possibility of building the new Civic Center Arena at the old Regency
Mall site was very exciting for many residents living in South Augusta. The
old mall property has been a constant eyesore for more than two
decades. Therefore, it is easy to see why the interest was sky high. The
efforts of the Mayor to facilitate a revitalization of this area deserves
commending. However, the time for a hard decision reference this project
site is well past due, therefore I am presenting the following resolution:
Move to approve if an acceptable agreement is not reached by I 1:00 PM on
Thursday, November 30, 2017 the Augusta Coliseum Authority should
move forward and select another site for the arena. (Requested by
Commissioner Sammie Sias)
E ltemA alSheet.html
Made By Seconded By
Item
Action:
Disapproved
Motions
f#:'" Motion rext Motion
Result
Motion to approve.
Made By Seconded By
Voting No:
Commissioner
William Fennoy,
^ Commissioner Commissioner CommissionerApprove Andrew Jefferson, Sammie Sias Ben Hasan rasses
Commissioner
Marion Williams.
Motion Passes 7-3.
Motions
Motion Motion Textr ype seconded By f"'.XiIMade By
Substitute motion to
extend the period in
which an acceptable
agreement can be
reached to January 30,
2018.
Voting No:
Commissioner
Mary Davis,
Commisioner. Commissioner Commissioner
a -____.-_._ )ean r,ranlom,Approve 6o--*issioner Wayne Andrew Marion Fails
GuilfoYle,'[vJeffersonWilliams
Commissioner
Ben Hasan,
Commissioner
Sammie Sias,
Commissioner
Grady Smith,
Commissioner
Dennis Williams.
Motion Fails 3-7.
ADMINISTRATIVE SERVICES
30. Discuss the incident that occurred during Tuesday, November 14, 2017 ItemAdministrative Services Committee meeting involving the Marshal's Action:
Department. (Requested by Commissioner Marion Williams) None
E ltemAnorovalsheet html
Motions
Motion f,f,_1!_-, m Made Seconded Motion;""'"" Motion Text'r'ype By By Result
It was the consensus of the
Commission that this item be deleted
from the agenda.
31. Discuss staff attorneys working for specific departments. (Requested by Item
Commissioner Marion Williams) Action:
Approved
lB ItenrApnrovalsheet.htnrl
Motions
Motion Motion
Typ. - Motion Text Made By seconded By iil;;
Motion to approve
receiving this item as
information. Mr.
Fennoy and Ms. Davis Commissioner ^Approve
ifi,rl, *", "*"ffiil, ;;##':'Ji*"' Passes
Commissioner
Marion Williams.
Motion Passes 7-1.
32. Motion to approve expenditures for members of the commission to attend the Item
December 5, 2017 Georgia Local Elected Officials' White House Action:
Conference paid from commission's legislative accounts. (Requested by Approved
Commissioner Bill Fennoy)
lB ItemAonrovalSheet.html
Motions
X:11"' Motion Text Made By seconded By MotionIype ---- -r Result
Motion to approve.
Approve Ms. Davis out. Commissioner Commissioner
Motion passes 9_0. Ben Hasan Andrew Jefferson Passes
PUBLIC SAFETY
33. Discuss ambulance services contract or lack thereof. (Requested by Item
Commissioner Marion Wiltiams) Action:
Approved
lB ltemApprovalsheet.html
Motions
Y:j*1" Motion Text Made By seconded By Motion'I'ype ' ---- -'t *--""--- -r Result
Motion to approve
receiving this item as
information. Mr.
FennoyandMs.Davis ^_ ! ! Commissioner
Approve
$lti** *", ;:fffi::';"' Dennis Passes
Williams
Commissioner Wayne
Guilfoyle.
Motion Passes 7-1.
34. Motion to authorize the Mayor to execute the FEMA Public Assistance Item
Alternative Procedures Acknowledgement for Debris Removal associated with Action:
Hurricane Irma and the FEMA Recovery Policy Agreement for Participation Approved
for Direct Administrative Costs associated with Hurricane Irma. (Requested
by Commissioner Dennis Williams)
lB 2017-ll-16 Public Assistance Alteruative Procedures Ackno$ledsrnrent.pdf
lB 2017-l l-16 Recovetl Polio' and .{greement.pdf
E ltemAnnrovalsheet.html
Motions
Motion tr ,. m Made Seconded Motionm Motion Text'r'YPe By By Result
Unanimous consent is given to add
this item to the consent agenda.
Motions
X:':" Motion Text Made By seconded By MotionlYPe ---- -'t ---*----- -J Result
Motion to approve.
Approve Mr. Fennoy out. commissioner commissioner
Motion passes 9_0. Wayne Guilfoyle Mary Davis Passes
FINANCE
35. Consider a request from Mavel Wings LLC, regarding a refund of the Itempenalties in the amount in the amount of $7,327.94. on their business Action:
personal property tax bill. (No recommendation Finance Committee Disapproved
November 14,2017)
B Mavel Winss LLC.ndf
lE ItemAonrovalsheet.html
Motions
Motion Motion Textrype
Motion to deny the
request and assess the
penalty. Ms. Davis out.
Voting No:
CommissionerDeny William Fennoy,
Commissioner
Ben Hasan,
Commissioner
Marion Williams.
Motion Passes 6-3.
Motions
Motion Motion Text'r'ype
Substitute motion to
approve refunding the
penalty. Ms. Davis out.
Voting No:
Commisioner
Sean Frantom,
Commissioner Wayne
Approve Guilfoyle,
Commissioner
Andrew Jefferson,
Commissioner
Grady Smith,
Commissioner
Dennis Williams.
Motion Fails 4-5.
ENGINEERING SERVICES
36. Discuss contracts related to storm
Marion Williams)
Made By Seconded By Motion
Result
Commissioner
Andrew
Jefferson
Commisioner
Sean Frantom Passes
Made By Seconded By Motion
Result
Commissioner Commissioner
Sammie Sias Ben Hasan Fails
Commissioner Item
Action:
None
water projects. (Requested by
E ltemApprovalsheet.html
Motions
Motion rr ,. m Made Seconded Motioniil" I\{otion Text By By Result
It was the consensus of the
Commission that this item be
received as information.
APPOINTMENT(S)
37. Consideration of Community Service Board recommendations to re-appoint Item
Lonnie "Jim" Showman and Dr. Franklin McPhail. Action:
Approved
IB Communitv Service Board l.odf
IE ItemApprovalsheet.html
Motions
[,o11'" Motion Text Made By Seconded By f"'rlir"lype
Motion to approve with
the additional
appointment of Mr.
^^_-__ _:_:^_- __. Commissioner
Approve Andrew Jefferson to fill S:#Hf,:H y.r* ."
" passes
the remalnlng vacant Gurltoyle
position. Mr. Fennoy out.
Motion Passes 9-0.
ADMINISTRATOR
38. Approve FY 2018 budget for Augusta Georgia. Item
Action:
Approved
lE budset_resolution -201 8.ndf
lB ItemApnrovalsheet.html
Motions
Motion Motion Text Made By seconded By f.'.XilI ype
Motion to approve the
budget as presented. Mr.
M. Williams abstains.
Voting No:
Commissioner
Mary Davis,
Commisioner
Approve ::HJil*"#wayne ff##,:'Jl*.' ;:fffi3f"' Fa,s
Guilfoyle,
Commissioner
Grady Smith.
Motion Fails 5-4 -1.
Motions
$otion Motion Text Made By Seconded By Motion
Type rvrvrtutt r lat Result
Motion to approve
reconsidering the
budget. Mr. M.
Approve yiilffiillstains ;:rffi:;f*' 3:#I'#iil.' passes
Commisioner
Sean Frantom.
Motion Passes 8-1 -1.
Motions
Y:j*1" Motion Text Made By seconded B Motion
I ype )tron I ext Nraoe lty Jeconoeo I,y Result
Motion to approve the
budget as presented by the
Administrator with the
following changes:
regarding the Sheriffs
Office change the word
eliminate to defund and
Approve 5:ilf1Tl,ilf,Tilli:1 S"T#,:'Ji*.' ;:fffif'"' pu,,",
and adjust the Fire tax to
one-quarter mill instead of
a half mill. Mr. M.
Williams abstains.
Voting No: Commisioner
Sean Frantom.
Motion Passes 8-l -1.
LEGAL MEETING
A. Pending and Potential Litigation.
B. Real Estate.
C. Personnel.
39. Motion to approve execution by the Mayor of the affidavit of ltem
compliance with Georgia's Open Meeting Act. Action:
None
UAcoyiryg !![9e_ting1*
www.augustaga.gov
CALLED MEETING COMMISSION CHAMBER
November 2I,2017
Augusta Richmond County Commission convened at 6:00 p.m., Tuesday, November 2I,
2017, the Honorable Hardie Davis, Jr., Mayor, presiding.
PRESENT: Hons. Jefferson, Guilfoyle, Sias, Frantom, M. Williams, Davis, D. Williams,
Hasan and Smith, members of Augusta Richmond County Commission.
ABSENT: Hon. Fennoy (participating by telephone), member of Augusta Richmond
County Commission.
Mr. Mayor: We're going to suspend the commission meeting and then we're going to go
into a special called meeting. The Chair recognizes Attomey MacKenzie.
Mr. MacKenzie; Sure, I think it would be appropriate to call to order the special called
meeting and we have a proposed motion as well.
Mr. Mayor: All right. We'll call to order the special called meeting.
Mr. MacKenzie: And I'll also suggest that you give an opportunity for the landouner to
speak if they would like to. The proposed motion would be a motion to consider and approve
the exercise of the power.of eminent domain to condemn real property located at 2649
Gordon Highway, Augusta, Georgia, Map and Parcel ID# 066-0-053-000, Map and Parcel
0660-053-00-0 for public use purpose and benefit necessary for construction of the fire
station and authorize the execution of a resolution approving same.
Mr. Mayor: Madam Clerk, do you need to add anything?
The Clerk: No, sir.
Mr. Mayor: All right. Who do you want to call first, Attomey MacKenzie?
Mr. MacKenzie: I would suggest that you give the landowner an opportunity to speak
about this.
Mr. Mayor: All right. The Chair recognizes the landowner and representative. If you'll
approach at this time. And if you will communicate who you are for the record.
Mr. Keogh: Thank you. My name is Bill Keogh. I'm an attorney, 801 Broad Street in
Augusta. First of all, I want to thank each of you for listening and for everyone here, Happy
Thanksgiving. I represent the family which owns the property in question. These are the folks
that own this property. It is on Gordon Highway that backs up to Powell Road. It is close to where
the new gate is going to be coming into the Fort. Our folks are not opposed to a fire station in any
way, shape or form. We think that there are cheaper ways for ya'll to obtain it at the price that
you're asking. This piece of property is uniquely situated with road access in the front and back.
It's a square piece of property with good topography, a little over 2.2 acres. We think that there
are a number of properties in the neighborhood that would equally suit the requirements for a fire
house and much cheaper for the county. And so what we would ask instead of having a
condemnation at this point, I'm going to do something unusual, I'm not asking for ya'll's money,
I'm asking for exactly the opposite which is that ya'll determine another place to locate this fire
house. If we do, if there is a condemnation, we have talked to the attorney about values. I know
today is not the day we're going to discuss values. That's my understanding although I'm here to
answer any questions that ya'll might have, but again I just want to make sure everyone
understands that we are not opposed to a fire station. We just believe that there are better properties
for it that you can get for the dollars that you want. Thank you.
Mr. Mayor: Thank you, Bill. The Chair recognizes the commissioner from the 8th for a
question.
Mr. Guilfoyle: Yes, sir. Mr. Mayor, I'd like to ask you a question before I ask the attorney,
Mr. Keogh, a question. What is the process because in seven years I've never had to do this. So
tell me what the process is?
Mr. Mayor: All right, I'm going to defer to the attorney. We have talked about this issue
multiple times in executive session. As such now we are here for a public hearing about it. The
Chair recognizes Attomey MacKenzie.
Mr. MacKerr.ie; Sure. In a nutshell because of the type of condemnation that this is, it
requires that the, I guess the initiation of the condemnation proceedings occur after 6:00 p.m. which
is why we've called this special called meeting at this time, then there is a 30-day period of time
where no actions will be filed in a court, it is like a (inaudible) then after that the city could initiate
a condemnation proceeding so these are some preliminary requirements. Obviously the parties
have been in negotiation and those can continue throughout the process and even after the
condemnation proceeding is filed. That's what makes this one a little different than some of the
other ones where there is a road project involved the procedure is a little more expedited which is
what you're usually more familiar with.
Mr. Guilfoyle: Mr. Mayor, I've never laid eyes on this property owner but we do have
something in common is the same real estate agent. I had spoken with my real estate agent and he
was telling me about this property that they were already in negotiations selling it to a convenience
store. I think he threw the number of 290 out and when the city decided to take the land, basically
he ended up losing this contract, all negotiations to be done with this contract so, you know, I deal
with property from time to time. I invest in it, hopefully get a good return. This is I guess no
different than what this gentleman here does. So we need to take this into consideration because
I don't know, I know that we as a body offered an "x" amount behind closed doors because it's a
land acquisition but we need to look at to see where we can actually be at because, you know,
appraised value versus if it's somebody from in-house of our county that does appraisal versus per
se somebody like Bill Hollingsworth that could actually foresee,, am I talking wrong? Okay, thankyou. But anyway, if we had a different appraiser, outside appraiser that actually could read the
times because right there in Harlem the market is absolutely skyrocketing if you actually had
property there. Thank you.
gth.
Mr. Mayor: Are there any questions? The Chair recognizes the commissioner from the
Mr. M. Williams: I heard the attomey state there was a better piece of property. Can
someone address that issue? Is there a better piece of property? Is there something, then someone
needs to say there is not a better piece. That's the reason we're approaching this because the
property is needed versus somewhere else.
Mr. Mayor: The Chair recognizes Attorney MacKenzie.
Mr. MacKenzie: I think he's expressed an opinion that he thinks there's a better location
but obviously that's something that the Commission can discuss as part of our regular executive
session meeting if you'd like to consider a location but I think we've already been through a lot
on that issue and if it needs to be discussed further, that can be done next week during the regularly
scheduled legal meeting.
Mr. M. Williams: I just thought if there was a reason or a better piece of property that
could be beneficial and we wouldn't have to go through this process but if that's the piece of
property and there is not a better piece then I think we need to pursue what we're doing.
Mr. Mayor: All right. Are there any other questions? All right, the Chair recognizes the
Fire Chief. Fire Chief, if you'll approach.
Chief James: Thank you very much. Mr. Mayor and bommission, I will say that we have
been looking at this particular piece of property for over two years. We first brought it to
Commission about two years or so ago. For some of the same reasons that you heard that attomey
just mention, this is an outstanding location for a fire station based on the line from Harlem in,
based on the neighborhood. It goes both east and west on Gordon Highway and back on Powell
Road to get to the Belair subdivision and those large homes that are back there. The reason this
location was chosen is because the Willhaven and those other neighborhoods where the insurance
rate were triple because they did not have a fire station within five miles of their homes so that's
why we chose that particular location. It was a perfect sitting piece of property for what we need
as a fire station as far as access to the different homes like I said back on Powell Road. You can
go down Gordon Highway back toward Barton Village as you're going into the city and you can
turn right going out Gordon Highway to get to those new subdivisions that are going toward
Columbia County, Grovetown and Harlem. That's where we have a lot of growth at and the closest
fire station that I have anywhere is on Flowing Wells Road which is, would definitely increase our
response time so as we have looked, we have not seen a better piece of property for the Fire
Department to put a fire station.
Mr. Mayor: All right. Commissioner from the 9th, are you satisfied?
Mr. M. Williams: Yes.
Mr. Mayor: All right, very good. Attorney MacKenzie, what's our direction?
Mr. MacKenzie: To make a motion to approve would be appropriate. It would to approve
a motion to consider and approve the exercise of eminent domain powers to condemn the real
property located at2649 Gordon Highway. The entire motion would be a motion to consider and
approve the exercise the power of eminent domain to condemn real property located at 2649
Gordon Highway, Augusta, Georgia, Map and Parcel ID# 066-0-053-00-0, Map and Parcel 066-
0-053-00-0 for public use, pu{pose and benefit necessary for construction of a fire station and to
authorize the execution of a resolution approving same.
Mr. Mayor: The Chair recognizes the commissioner from the 5th.
Mr. Jefferson: Thank you, Mr. Mayor. You say this has been going on for approximately
two years? Am I correct?
Mr. Mayor: I believe the gentlernan knows of what he speaks.
Mr. Jefferson: Okay, well, in that time were offers and counteroffers made for the piece
of property? I'm asking because you know I just want to bring myself up to speed on this situation.
Mr. Mayor: Attorney MacKenzie.
Mr. MacKenzie: Yes.
Mr. Jefferson: Okay. Did we come to some type of term or is that the reason we're here
today because we couldn't agree on a selling price, buying price?
Mr. MacKenzie: Yes but I will also emphasize that this is just the beginning of the process.
The parties are still in negotiation and a determination of value by agreement can still be reached
even after this step is completed.
Mr. Jefferson: Okay, so our action today won't be doing any.thing but agreeing to start the
process but -
Mr. MacKenzie: Well, you'll be agreeing to start the process to condemn it so that if the
parties do not reach an agreement then a court will decide what the value will be.
Mr. Hasan: Motion to approve.
Mr. Second.
Mr. Mayor: I've got a motion and a proper second. All those in favor will vote yea and
those opposed vote no. Voting.
Mr. Jefferson, Mr. Frantom and Mr. Guitfoyte vote No.
Motion carries 7-3.
Mr. Mayor: Okay. Any additional business in this special called meeting?
Mr. MacKenzie: That's all we have for that.
Mr. Mayor: Okay. The special called meeting is hereby adjoumed.
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 copy
of the minutes of the Called Meeting of the Augusta Richmond County Commission held on
November 21,2017.
Clerk of Commission
CALLED MEETING COMMISSION CHAMBER
November 28,2017
Augusta Richmond County Commission convened at 11:00 a.m., Tuesday, November 28,
2017, the Honorable Mary Davis, Mayor pro Tem, presiding.
PRESENT: Hons. Jefferson, Guilfoyle, Sias, Frantoffi, M.Williams, Fennoy, D. Williams,
Hasan and Smith, members of Augusta Richmond county commission.
ABSENT: Hon. Hardie Davis, Jr., Mayor.
Ms. Davis: Madam Clerk, ya'll ready?
The Clerk: Yes, ma'am.
1. LEGAL MEETING
A. Pending and potential litigation
B. Real estate
C. Personnel
Mr. MacKenzie: I would entertain a motion to go into an executive session to discuss
pending and potential litigation and real estate.
Mr. Fennoy: So move.
Mr. Sias: Second.
Ms. Davis: Okay, we have a motion and a second. please vote.
Mr. Jefferson, Mr. M. Williams and Mr. Smith out.
Motion carries 7-0.
IEXECUTTVE SESSTONI
Ms. Davis: I think we will close out our executive meeting. Mr. MacKerzie.
2- Motion to authorize execution by the Mayor of the affidavit of compliance with
Georgia's Open Meeting Act.
Mr. MacKenzie: I think we have one add on item but I would entertain a motion to
execute the closed meeting affidavit.
Mr. Sias: So move.
Mr. Fennoy: Second.
Ms. Davis: We have a motion and a second. please vote.
Motion carries 10-0.
Ms. Davis: Commission, could we have unanimous support to add number one on your
addition to the agenda for the special called commission meeting? Madam Clerk, can you iead
that?
The Clerk: The addition is a motion to approve acceptance of a $121000 VOCA grant
funds for the District Attorney's office with no matching funds required.
Mr. Fennoy: So move.
Mr. Frantom: Second.
Ms. Davis: We have a motion and a second. please vote.
Motion carries 10-0.
Ms. Davis: Commissioner Fennoy wanted to know if that's a thousand for each of us up
here.
The Clerk: I'll let the DA handle that.
Ms. Davis: Mr. MacKenzie, Commissioner Williams has a motion.
Mr. D. Williams: Yes, Madam Mayor Pro Tem. I'd like to make a motion to approve
a month-to-month lease extension for Pendleton King Park with a 60-day notice to terminate
by either party.
Mr. Fennoy: Second.
Ms. Davis: A motion and a second. Please vote.
Motion carries 10-0.
Ms. Davis: Mr. MacKenzie, anything else?
Mr. MacKenzie: That's all we have.
Ms. Davis: Commissioner Hasan?
Mr. Hasan: (inaudible) the special called meeting agenda.
The Clerk: What's that?
Mr. Hasan: (inaudible).
Ms. Davis: We did.
The Clerk: We did. We had unanimous consent to add.
Ms. Davis: Yeah, we asked to add and approve. Is that good? Thank you, Commission.
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 copy
of the minutes of the Called Meeting of the Augusta Richmond County Commission held on
November 28,2017.
Clerk of Commission
Commission Meeting Agenda
12/5/2017 2:00 PM
Cardinal Management New Arena
Department:
Department:
Caption:Motion to approve or reject the offer that the Coliseum Authority
sent to the Augusta Commission from Cardinal Management to
build the new civic center at the old Regency Mall property.
(Requested by Commissioner Sammie Sias)
Background:The Augusta Coliseum approved this offer on Tuesday, 28
November 2017. This Augusta Commission set a deadline of 30
November 2017 for the Coliseum Authority to act. The
authority met that deadline. The Augusta Commission
now should with even great urgency to approve or reject this
offer. Our community has been on edge much to long and
should no longer be held hostage to this on going saga.
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Regency Mall LLC
c/o Cardinul Management
10095 Main Road - Mattituck Plaza
Mattituck NY L1952
(63L)298-8494 - Fax (631)298-6316
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1.
2.
3.
Cardinal Management Offer
Property Gift. Cardinal will gift to the City the tract of land where the Montgomery
Wards was, which is 10.18 acres.
Easement. Cardinal will sign Cross Easement for parking as set forth hereinbelow.
Authoritv Obligations. Authority will perform the following:
a. Maintain all existing parking areas in all four parcels that constitute the Regency
Mall for a period of five years. After five years, Authority's obligations are
limited to the parking lots designated to their use (+ /- 29 acres). Maintenance
will include an initial re-asphalting and re-lamping of all parking, and providing
drainage, utilities,landscaping and all other maintenance repair or replacement
required.
b. Authority will construct an entertainment/sports arena with an occupancy of
12,000-15,000 seats and sufficient parking for the arena without use of any
parking retained by Grantor.
Cross'Easements. Cardinal and Authority would enter into a cross-easement
agreement for access and use of their respective parking areas with coliseum authority
assuming all responsibilities including but not limited to maintenance, insurance and
real estate taxes for +/- 29 acres of parking designated for its use for the useful life of
the arena.
City Obligations. The City will perform the following:
a. Grant fulltax abatement to the property Cardinal retains for 10 years;b. Confirm to the satisfaction of Cardinal's attorney Cardinal's right to develop the
remaining 860,000 square feet of the original developed property and the
additional 200,000 square feet of property approved as part of the original Mall
plan;
c. Confirm to the satisfaction of Cardinal's attorney that the zoning and parking for
the retained property will be appropriate for uses compatible with and
complimentary to an entertainment/sports arena including but not limited to
shops, restaurants, office space, hotels, and residential.
4.
lena Bonner
From:
Sent:
To:
Cc:
Subject:
Attachments:
Importance:
Ms Bonner,
Commissioner Sammie Sias
Wednesday, November 29,201-7 3:09 PM
Lena Bonner
Nancy Morawski
Fw: Regency Mall LLC Cardinal Management Proposal
Regency Mall Cardinal Management Proposal LL.2B.L7.pdf
High
Please add the following item to the Commission Agenda for 5 Decembe r 2OL7 .
Move to approve or reject the offer that the Coliseum Authority sent to the Augusta Commission from
Cardinal Management to build the new civic center at the old Regency Mall property. The offer is outlined in
the attached documents.
The Augusta Coliseum approved this offer on Tuesday, 28 November 2OL7. This Augusta Commission set a
deadline of 30 November 2017 for the Coliseum Authority to act. The authority met that deadline. The
Augusta Commission now should with even great urgency to approve or reject this offer. Our community has
been on edge much to long and should no longer be held hostage to this on going saga.
Sammie L. Sias
Commissioner,
Augusta Richmond County
"Foilure is not an Option"
This e-mail contains confidential information and is intended only for the individual named. lf you are not the named addressee, you should not disseminate,distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system.The City of Augusta accepts no liability for the content of this e-mail or for the consequences of any actions taien on the basis of the information provided, unlessthat information is subsequently confirmed in writing. Any views or opinions presented in this e-mail are solely those of the author and do not necessarily representthose of the City of Augusta. E-mail transmissions cannot be guaranteed to be secure or error-free as informition could be intercepted, corrupled, lost, iesiroyed,arrive late or incomplete, or contain viruses. The sender therefore does not accept liability for any errors or omissions in the content of this message which arise asa result of the e-mail transmission. lf verification is required, please request a hard copy version.AED:104 1
Please consider the environment before printing this email.
Commission Meeting Agenda
12/5/2017 2:00 PM
ad-hoc Cmte. Commercial and Retail Project
Department:
Department:
Caption:Motion to approve the following individuals to serve on the ad-
hoc Monitoring/Oversight Committee for the Commercial and
Retail Project established with the Augusta Economic
Development Authority. This oversight and monitoring shall
include employee hiring, firing, compensation, strategic direction,
and evaluation. This committee shall serve as the Commission's
ability to directly input the needs of the Augusta constituency.
Monitoring/oversight described herein is reserved for the Project
only and is not intended to be interpreted as applying to the
Development Authority normal operations. Effective day
of appointment is January 1,2018. The term of each member shall
be three years unless reappointed, extended or removed.
Mayor Pro Tem Mary Davis
Commissioner Ben Hasan
Commissioner Sammie Sias
The Mayor shall serve an ex-officio member of this ad-hoc
committee. (Requested by Commissioner Sammie Sias)
Background:This committee is established in accordance with Memorandum of
Understanding approved by the Augusta Commission on October
3, 2017.
Analysis:Effective day of the appointment is 1 January 2018. The term of
each member shall be three years unless reappointed, extended or
removed.
Financial Impact:
Alternatives:
Recommendation:
Cover Memo
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Lena Bonner
From:
Sent:
To:
Cc:
Subiect:
Ms Bonner,
Commissioner Sammie Sias
Wednesday, November 29,20L7 2:39 pM
Lena Bonner
Nancy Morawski
Agenda Item Commission Meeting 5 December 2OL7
Please add the following item to the Commission Agenda for 5 Decembe r 2017.
Move to approve the following individuals to serve on the ad-hoc Monitoring/Oversight Committee for the
Commercial and Retail Project established with the Augusta Economic Development Authority. This oversight
and monitoring shall include employee hiring, firing, compensation, strategic direction, and evaluation. This
committee shall serve as the Commission' ability to directly input the needs of the Augusta
constituency. Monitoring/oversight described herein is reserved for the Project only and is not intended to be
interpreted as applying to the Development Authority normal operations.
This committee is established in accordance with Memorandum of Understanding approved by the Augusta
Commission on October 3,20!7.
Effective day of the appointment is 1 January 2018. The term of each member shall be three years unless
reappointed, extended or removed.
. Mayor Pro tem, Commissioner Mary Davis. Commissioner Ben Hasan. Commissioner Sammie Sias
The Mayor shall serve an ex-officio member of this ad-hoc committee.
Thanking you in advance.
Sammie L. Sias
Commissioner,
Augusta Richmond County
"Foilure is not on Option"
Please consider the environment before printing this email.
This e-mail contains confidential information and is intended only for the individual named. lf you are not the named addressee, you should not disseminate,distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system.The City of Augusta accepts no liability for the content of this e-mail or for the consequences of any actions talien on the basis of the information provided, unlessthat information is subsequently confirmed in writing. Any views or opinions presented in this e-mail are solely those of the author and do not necessarily represent
1
Commission Meeting Agenda
12/5/2017 2:00 PM
Fleet Services Subcommittee
Department:
Department:
Caption:Update from the Fleet Services Subcommittee. (Requested by
Commissioner Marion Williams)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Commission Meeting Agenda
12/5/2017 2:00 PM
PPPM
Department:
Department:
Caption:Motion to approve the Personnel, Policy & Procedure Manual
(PPPM). (Requested by Commissioner Marion Williams)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Commission Meeting Agenda
12/5/2017 2:00 PM
Resolution of Appreciation
Department:
Department:
Caption:Motion to adopt Resolution of Appreciation. (Requested by
Commissioners Sammie Sias and Ben Hasan)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Commission Meeting Agenda
12/5/2017 2:00 PM
Staff Attorneys
Department:
Department:
Caption:Update/status report from the General Counsel regarding pay
differentials between staff attorneys assigned to certain city
departments and related documents requested by the commission.
(Requested by Commissioner Marion Williams)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Commission Meeting Agenda
12/5/2017 2:00 PM
Motion to approve annual leave buy back in the amount of 24 hours to be paid on the january 5, 2018 pay
check
Department:Finance
Department:Finance
Caption:Motion to approve Annual Leave Buy Back in the Amount of 24
Hours to be paid on the January 5, 2018 pay check.
Background:The PPPM provides the framework for annual leave to be
converted to cash payments in lieu of taking time off (Section
100.14). Augusta has in the past opened this program to eligible
employees. Eligible employees include full time employees
eligible to accrue leave. Ineligible employees are contract
employees paid by another agency, employees of the Sheriff’s
department and employees of constitutional officers and Elected
official that have officially elected not to have their employees
subject to the Augusta PPPM.
Analysis:This program has proved popular with employees with
approximately 75% of those eligible participating. In order to be
eligible, the employee must have a minimum of 75 vacation hours
after the buy back. The level of participation from employees in
the Fire Department is only about 30%. Additionally, those
elected officials whose employees are not covered by the PPPM
have in the past been allowed to let their employees participate.
Financial Impact:Attached is a schedule showing the impact on each fund for 8, 16
and 24 hours. The check dated January 5 covers the last pay
period for time worked in 2017. The expense of the program
would be recorded against the 2017 budget.
Alternatives:1) Choose 16 or 8 hours for maximum amount of buy back 2)
Offer no buy back
Recommendation:Approve the buy back of 24 hours to be paid on January 5, 2018
Cover Memo
Funds are Available
in the Following
Accounts:
In individual funds as shown in the attached schedule
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Augusta Georgia
2018 Vacation Buy-Back
Department Name
Vacation
Balance (Hrs)Vacation Value
1 Day
Buyback
(Full Value)
1 Day
Buyback
(at 75%)
2 Days
Buyback
(at 75%)
3 Days
Buyback
(at 75%)
101 General Fund 111,807.02 2,609,758.68$ 87,782.45$ 65,836.84$ 126,841.16$ 182,165.08$
102 Canal Authority 1,271.05 45,343.37 1,186.17 889.63 1,779.25 2,668.88
151 Adult Probation 697.64 13,525.66 235.79 176.84 176.84 265.26
204 DUI/Accountability Court 654.35 11,717.79 512.82 384.62 769.23 1,098.46
206 Law Library 56.40 973.55 - - - -
207 Crime Victims' Assistance 691.12 14,622.75 462.55 346.91 693.82 1,040.73
209 DA 5% CVAP 77.70 1,330.10 - - - -
216 Emergency Telephone Response 3,400.16 68,852.12 2,700.31 2,025.23 3,718.59 4,268.96
217 Building Inspections 1,128.31 26,471.20 590.55 442.92 885.83 1,328.75
220 General Fund Grants/Planning 1,191.80 39,287.76 1,109.25 831.94 1,663.88 2,495.82
221 Housing Community Development 2,847.49 74,157.87 2,595.76 1,946.82 3,736.10 5,059.38
273 Law Enforcement 104,385.77 2,087,635.86 73,199.44 54,899.58 105,618.71 152,059.35
274 Fire Protection 49,286.42 796,674.58 31,496.39 23,622.29 45,647.19 67,321.25
276 Street Lights 1,024.60 25,036.04 753.80 565.35 1,130.70 1,696.05
277 Downtown Development Authority 440.82 14,748.23 463.59 347.69 695.39 1,043.08
328 SPLOST 2,179.48 44,588.12 1,249.03 936.77 1,704.97 2,557.46
506 Utilities 36,645.03 799,968.02 26,571.82 19,928.86 38,443.25 55,146.97
541 Solid Waste 2,792.35 49,057.90 1,806.40 1,354.80 2,320.21 3,480.32
542 Garbage Collection 1,717.23 44,187.93 1,465.53 1,099.15 2,198.29 3,072.40
546 Transit 697.67 22,197.54 990.99 743.24 1,486.49 2,229.73
551 Augusta Regional Airport 13,381.04 331,143.24 11,418.89 8,564.17 16,484.48 23,933.33
581 Stormwater Utility 4,258.60 102,086.94 3,334.88 2,501.16 5,002.32 6,442.99
611 Risk Management 1,287.37 30,325.26 919.86 689.90 1,379.79 1,743.91
626 Fleet 496.63 14,710.00 450.52 337.89 675.78 1,013.67
Totals 342,416.05 7,268,400.51$ 251,296.80$ 188,472.60$ 363,052.27$ 522,131.83$
Based on vacation accrual report - balance as of 11/20/2017; 1 day equals 8 hours
All Employees in Fund For those employees who qualify:
Commission Meeting Agenda
12/5/2017 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