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Home My WebLink About2021-12-07 - Meeting AgendaCommission Meeting Agenda Lee N. Beard Commission Chamber 12/7/2021 2:00 PM INVOCATION: Imam Jawad Rasul, Islamic Society of Augusta. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. RECOGNITION(S) October EOM /December 2021 Years of Service Recipients! A.Congratulations! October Employee of the Month Ms. Elizabeth Brooks and the December 2021 Years of Service Recipients. Attachments Five (5) minute time limit per delegation DELEGATIONS B. Ms. Jenny M. Hendricks regarding (storm water) issues on private property.Attachments C. Mr. Brian Green regarding the impact of homicides and drugs in our community.Attachments D. Ms. Maggie Deloach regarding redistricting.Attachments E. Reverend James Williams, President of HOPE regarding the redistricting map that was approved by the Ad-Hoc Redistricting Committee. Attachments F. Mr. Woodrow Fryer regarding the installation of water and sewer lines on Hwy. 25 Richmond/Burke County Line.Attachments G. Ms. Monique Braswell acknowledging and thanking Commissioners Brandon Garrett and Alvin Mason for their support and participation during recent community events. Attachments H. Rev. Anthony M. Booker (Baptist Ministers Conference) regarding the Redistricting Map for Richmond County.Attachments CONSENT AGENDA (Items 1-34) PUBLIC SERVICES 1.Motion to approve the purchase of an Aircraft Refueler Truck for $244, 850.00 from Skymark Refuelers, LLC. The purchase will financed and amortized using the GMA lease purchase option. Action approved by the Augusta Aviation Commission on October 28, 2021. (Approved by the Public Services Committee November 30, 2021) Attachments 2.Motion to approve contract with the Augusta Regional Airport and Alpine Creek Enterprises LLC for the Airport's ATM Concession Agreement. Approved by the Augusta Aviation Commission on October 28, 2021. (Approved by the Public Services Committee November 30, 2021) Attachments 3.Motion to approve Existing Location: A.N. 21-38: request by D. Wayne West III for an on premise consumption Liquor, Beer & Wine License to be used in connection with Sheraton Augusta Hotel located at 1069 Stevens Creek Rd. There will be Dance. There will be Sunday Sales. District 7. Super District 10. (Approved by the Public Services Committee November 30, 2021) Attachments 4.Motion to approve New Location: A.N. 21-37: request by Teodosio Estrada for an on premise consumption Liquor, Beer & Wine License to Attachments be used in connection with Mi Rancho 2, LLC located at 3626 Walton Way Ext. Suite 600. There will be Sunday Sales. District 3. Super District 10. (Approved by the Public Services Committee November 30, 2021) 5.Motion to approve New Location: A.N. 21-36: request by Aasim Mohammed Abdul for a retail package Beer & Wine License to be used in connection with Texaco Food Mart located at 601 Bransford Rd. District 3. Super District 10. (Approved by the Public Services Committee November 30, 2021) Attachments 6.Motion to approve a request by the Planning & Development Department to renew the existing Alcohol Licenses in the City of Augusta. There will be Sunday Sales. There will be Dance. There will be Arcades. Districts 1-8. Super Districts 9-10. (Approved by the Public Services Committee November 30, 2021) Attachments 7.Motion to approve by resolution the designation of one Sunday during the calender year of 2022 that bars can be open as provided in the Augusta Alcohol Ordinance, Section 6-2-77 (3a). Super Bowl Sunday February 13, 2022. (Approved by the Public Services Committee November 30, 2021) Attachments 8.Motion to approve request for proposed settlement agreement for the refund to Delta Airlines in the amount of $25,390.86 for overpayment of hotel/motel excise taxes between the periods of November 2015 through June 2018.(Approved by the Public Services Committee November 30, 2021) Attachments 9.Motion to approve an amendment to increase the value of the Architectural and Engineering services contract with Wendel Companies dated March 25, 2013 for the last and final payment for Construction Administration of the Transit Operation and Maintenance Facility for Augusta, Georgia.(Approved by the Public Services Committee November 30, 2021) Attachments ADMINISTRATIVE SERVICES 10.Motion to approve Augusta Employee Mental Health Day 2021 on December 22, 2021.(Approved by the Administrative Services Committee November 30, 2021) Attachments 11.Motion to approve a transparency dashboard, that initially consists of SPLOST 8 approved projects and TIA 2022 projects. As it develops, the Build Augusta dashboard will highlight financial transparency and project progress while giving insight into project budgets, expenditures, revenues, and construction progress on through completion. The dashboard will also provide real time photos of progress for each project and will be updated quarterly to show project spending. The dashboard includes an interactive map that allows users to scroll over various communities to see project location, funding, and timeline. Users will also be able to click on a specific project on the map and be taken to the full project description and all details associated with the project. Build Augusta is a simple and easy dashboard that will keep the citizens of Augusta-Richmond County up to speed on how and where their dollars are being spent. (Approved by the Administrative Services Committee November 30, 2021) Attachments 12.Motion to approve three additional employee incentive programs. (Approved by the Administrative Services Committee November 30, 2021) Attachments 13.Motion to approve Housing and Community Development’s (HCD) request to use $100,000 CDBG program income and $100,000 HOME program income to offset allocable administrative expenses (i.e. utilities, repairs and maintenance, security, etc.) that have been paid from HCD’s operating budget. (Approved by the Administrative Services Committee November 30, 2021) Attachments 14.Motion to approve Housing and Community Development Department’s (HCD's) request to provide HOME funding to rehabiliate one (1) low to moderate income rental unit for occupancy by a low to moderate income family. (Approved by the Administrative Services Committee November 30, 2021) Attachments 15.Motion to approve and authorize Augusta Convention Center Management, LLC to expend $38,800 for the upgrade of the lighting system at the Augusta Convention Center. Based on the management agreement, approval of expenditures above the $20,000 threshold require Commission approval. The lighting system request impacts convention center visitor usage and revenues. (Approved by the Administrative Services Committee November 30, 2021) Attachments 16.Motion to approve Non-Discrimination Ordinance as recommended by the NDO Working Group. (Approved by the Non-Discrimination Ordinance (NDO) Working Group October 28, 2021; Administrative Services Committee meeting November 9, 2021 and the Commission November 16, 2021-second reading) Attachments 17.Motion to approve proposed programming in Support of Affordable Housing, Financial Literacy, and Access to Small Business Capital (Administrator).(Approved by the Administrative Services Committee November 30, 2021). Attachments PUBLIC SAFETY 18.Motion to approve amendment of the Inmates' Food Services contract with Aramark Correctional Services, LLC. (Approved by the Public Safety Committee November 30, 2021) Attachments 19.Motion to approve AIA G802, Amendment to the Professional Services Agreement for Additional Services requested by the Augusta Fire Department and performed by JLA for new Fire Station 3 through December 2020 on RFQ #16-198 Architectural Design Services for Augusta, GA Fire Department in the amount of $52,865 and authorize the Mayor to execute the documents. (Approved by the Public Safety Committee November 30, 2021) Attachments 20.Motion to approve an amendment for additional services for the RCSO Detention Center Commissary Contract. .(Approved by the Public Safety Committee November 30, 2021). Attachments 21.Motion to approve an amendment to the inmate Medical Contract for the Richmond County Sheriff's Office. (Approved by the Public Safety Committee November 30, 2021). Attachments 22.Motion to approve the Memorandum of Understanding (MOU) and accept the annual grant amount of $50,000 from the Emergency Management Performance Grant (EMPG) and authorize the Mayor to execute the necessary documents. .(Approved by the Public Safety Committee November 30, 2021). Attachments 23.Motion to approve the purchase of SCBA air bottles as a sole source from Vallen for the Augusta Fire Department. .(Approved by the Public Safety Committee November 30, 2021). Attachments FINANCE 24.Motion to Accept Terms and Conditions of Governor's Public Safety Officials and First Responders Pay Supplement and to Authorize MOU with Richmond County Board of Education. (Approved by the Finance Committee November 30, 2021) Attachments ENGINEERING SERVICES 25.Motion to approve recapture and reallocation of $2,808,042 from Engineering SPLOSTS V and VI Projects. Funds are recaptured from Marks Church Road (SPLOST V/Project budget reduction) and Dover- Lyman Street & Drainage Improvements (SPLOST VI/project budget balance). These funds are reallocated to Wrightsboro Road Improvements Construction, Lake Dredging Construction, and Grading & Drainage (Stream Bank Restoration) Construction as outlined in Financial Impact Section of this agenda. Requested by AED.(Approved by the Engineering Services Committee November 30, 3021). Attachments 26.Motion to approve award of Augusta Infrastructure Routine Maintenance- Storm Drainage, Sidewalks, Street Lighting and Concrete Work Contract to Blair Construction Inc., Beams Contracting Inc., Larry Attachments McCord, LLC, Horizon Construction & Associates, and J & B Construction and Services Inc. The Contract is for two years effective May 1, 2022 with renewal option for three additional years. Also, approve up to $1,500,000 to fund the proposed Services. Award is contingent upon receipt of procurement documents, signed contracts and proper bonds. R equested by AED. RFP 21-155.(Approved by the Engineering Services Committee November 30, 2021) 27.Approve Supplementing Construction Contract of Sediment Dredging and Disposal construction services to Waterfront Property Services, LLC Waterfront Property Services, LLC dba Gator Dredging for continuation of lake dredging & sediments disposal and including Warren Lake permitted area. Also approve supplemental funding in the amount of $1,000,000.00 for Warren Lake Phase 1 dredging activities. Requested by AED. RFP 20-224 Attachments 28.Motion to approve accepting Georgia Department of Transportation (GDOT) option of 0.439 acres right-of-way purchase from the Augusta, GA owned parcel located at 3129 Highway 88 (TMP 223-0-036-00-0) at fair market assessed valve of $3,600 for construction of single lane roundabout on SR88 at CR 58/Bath Eddie Road (PI#0009916). To be purchased right-of-way boundaries are depicted at attached GDOT Preliminary Right of Way Map dated 09/24/2020 sheets 60-0002, 60- 0003, and 60-006, and described at sheet 60-0007. This right of way sale is contingent upon retaining City of Hephzibah existing easements. Also, authorize Legal Department to sign and execute "Option for Right of Way" and associated documents. Requested by AED. (Approved by the Engineering Services Committee November 30, 2021) Attachments 29.Motion to approve and authorize the Engineering Department (AED) to purchase 2655 Stream mitigation credits at a total cost of $212,400.00 ($80 per mitigation credit) from Georgia L. Flanders, LLC (Yam Grandy Wetland and Stream Mitigation Bank) to mitigate stream impacts as determined by the US Army Corp of Engineers in regards to the Morningside Stream Bank Restoration & Rehabilitation Project. (Approved by the Engineering Services Committee November 30, 3021). Attachments PETITIONS AND COMMUNICATIONS 30.Motion to approve the minutes of the Regular Meeting held on November 16, 2021 and Special Called Meeting held November 30, 2021. Attachments APPOINTMENT(S) 31.Motion to approve the appointment of Mr. John Noel to the Augusta Canal Authority representing District 1. Attachments 32.Motion to approve the appointment of Ms. Janice Ramirez to the Animal Services Board due to the resignation of Stefane Reed, representing District 3. Attachments 33.Motion to approve the appointment of Mr. Les Morton to the Augusta Historic Preservation Commission representing District 6.Attachments 34.Motion to approve the appointment of Mr. Michael Cioffi to the Augusta Aviation Commission representing District 8.Attachments ****END CONSENT AGENDA**** AUGUSTA COMMISSION 12/7/2021 AUGUSTA COMMISSION REGULAR AGENDA 12/7/2021 (Items 35-55) PUBLIC SERVICES 35.A motion to approve the American Rescue Plan Act (ARP) Sec. 5307 Grant application between the Federal Transit Administration (FTA) and Augusta, Georgia. Attachments 36. Alcohol Ordinance: request approval of amendments to the Augusta, Georgia Code, Title 6, Chapter 2, Article 1, Alcoholic Beverages, to revise the definitions of Micro Brewery, Nano Brewery, Nano Distillery, Pico Brewery and Pico Distillery so the definitions are the same as in the Comprehensive Zoning Ordinance. Attachments ADMINISTRATIVE SERVICES 37.Discuss and approve the redistricting map. (Requested by Commission Sean Frantom)Attachments 38.Motion approve the price proposal received from JBA Consulting Engineers, Inc. dba NV5 Consultants for Professional Services Performance Contract Evaluation (RFQ #21-249) not to exceed $260,000. Attachments 39.Receive as information only the emergency replacements needed to the Charles B. Webster Detention Center totaling $1,133,558.07. Attachments 40.Motion to approve establishing Overnight Warming Center at May Park during inclement weather. (Commissioner Jordan Johnson)Attachments 41.Official update and release of an annual report that demonstrates the impact of service delivery activities under the oversight of the administrator. Attachments 42. Update on Boards and Committees. (Commissioner Catherine McKnight)Attachments 43.End of Year Update on Vax-Up Augusta. Attachments PUBLIC SAFETY 44.Motion to approve an Inmate messaging Service through the current inmate telephone provider (Combined Public Communications) and approve the Addendum C. Attachments FINANCE 45.Approval of the Procurement of Voting Equipment. Attachments 46.Motion to approve potential adjustments in FY2022 budget to boards and authorities as directed by the Augusta Commission Attachments 47.Consider a request from Mr. Patrick T. Feistel regarding the abatement of taxes for 2021 for the Garden City Rescue Mission.Attachments ENGINEERING SERVICES 48.Approve and authorize Augusta Utilities Department (AUD) to enter into an MOU with Phinizy Center for Water Sciences (PCWS) for work contract on a grant project from Georgia Environmental Protection Division (GAEPD). Attachments 49.Motion to approve additional fees in the amount of $193,040 to Cranston Engineering for engineering services supporting the FERC licensing of the Augusta Canal. Attachments 50.Motion to approve fees in the amount of $177,970 to Cranston Engineering for engineering services to prepare plans for sanitary sewer in the Augusta Corporate Park in support of new industrial facilities. Attachments 51.Motion to approve Supplementing Construction Contract of Sediment Dredging and Disposal construction services to Waterfront Property Services, LLC Waterfront Property Services, LLC dba Gator Dredging for continuation of lake dredging & sediments disposal and including Warren Lake permitted area. Also approve supplemental funding in the amount of $1,000,000.00 for Warren Lake Phase 1 dredging activities. Attachments Requested by AED. RFP 20-224(Approved by the Engineering Services Committee November 30, 3021). 52.Motion to approve additional fees in the amount of $550,000 to ISM Engineering for engineering services supporting the downtown corridor evaluation. Attachments 53.Motion to approve additional fees in the amount of $150,000 to Cranston Engineering for engineering services supporting the mediation involving NSBLD. Attachments 54.Discuss safety concerns on Jimmie Dyess Parkway especially after dark. (Requested by Commissioner Catherine McKnight)Attachments LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 55.Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Upcoming Meetings www.augustaga.gov Commission Meeting Agenda 12/7/2021 2:00 PM Invocation Department: Department: Caption:Imam Jawad Rasul, Islamic Society of Augusta. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 12/7/2021 2:00 PM October EOM /December 2021 Years of Service Recipients! Department:Human Resources Department:Human Resources Caption:Congratulations! October Employee of the Month Ms. Elizabeth Brooks and the December 2021 Years of Service Recipients. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo HUMAN RESOURCES DEPARTMENT Suite 400 - Municipal Building 535 Telfair Street - Augusta, GA 30901 Phone (706) 821-2303 Fax (706) 821-2867 www.augustaga.gov November 10, 2021 Department Directors & Elected Officials, The Commission on June 16, 2009, adopted the Augusta-Richmond County Employee Incentive Awards Program (EIAP). The program provides a number of initiatives that have been designed to show our appreciation for our dedicated and loyal employees. The ability to recognize and honor our employees’ longevity has been established through our new Years of Service (YOS) program. A complete description of the EIAP and its operating procedures is located on the Human Resources site at http://augwebv017:8080/EmployeeResources/hrcitynet/default.aspx. We are pleased to advise you that for the month of November 2021, the following employee(s) have attained their anniversary date in recognition of 25-50 years of dedicated service and are now eligible to receive their Years of Service pin and certificate: FIRST LAST DEPARTMENT YOS PATRICK BLANCHARD SHERIFF'S OFFICE 25 DANIEL CARRIER SHERIFF'S OFFICE 25 PATRICK KINSEY SHERIFF'S OFFICE 25 KARLOS BIRT FIRE DEPARTMENT 25 SPENCER HOBBS FIRE DEPARTMENT 25 DOUGLAS MURRAY FIRE DEPARTMENT 25 THOMAS STOKES FIRE DEPARTMENT 25 JAMES THOMPSON FIRE DEPARTMENT 25 FRANKLIN WILLIAMS FIRE DEPARTMENT 25 JEFFREY PEEBLES MARSHALL'S OFFICE 30 CALVIN CHEW SHERIFF'S OFFICE 30 DELORES TERRELL SHERIFF'S OFFICE 30 DOROTHY JACKSON SHERIFF'S OFFICE 30 WILLIAM REEVES SHERIFF'S OFFICE 30 DARELL WALKER CENTRAL SERVICES 30 DEBRA MARIE BEAZLEY AUGUSTA UTILITIES 35 RICKEY TURNER RCCI 35 RHONDA EVANS MARSHALL'S OFFICE 40 JOHN LOGUE SHERIFF'S OFFICE 40 LYNN RUSSELL PLANNING & DEVELOPMENT 40 HUMAN RESOURCES DEPARTMENT Suite 400 - Municipal Building 535 Telfair Street - Augusta, GA 30901 Phone (706) 821-2303 Fax (706) 821-2867 www.augustaga.gov Please make arrangements to have your employee in attendance at the Commission meeting scheduled for December 7, 2021, for recognition by the Mayor and Commission and presentation of their service pins and certificates of achievement. All persons to be recognized should be in the Commission Chambers by 1:45 p.m. Please let us know whether the employee will or will not attend by contacting me by phone at (706) 826-1376 or via e-mail at pgriffin2@augustaga.gov, by Thursday, December 2, 2021, 12:00 Noon. Your support and cooperation is much appreciated. With regards, Anita Rookard, HR Director /psg cc: Mayor Hardie Davis, Jr. Odie Donald II, Administrator Lena Bonner, Clerk of Commission Commission Meeting Agenda 12/7/2021 2:00 PM Jenny M. Hendricks Department: Department: Caption: Ms. Jenny M. Hendricks regarding (storm water) issues on private property. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 12/7/2021 2:00 PM Mr. Brian Green Department: Department: Caption: Mr. Brian Green regarding the impact of homicides and drugs in our community. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 12/7/2021 2:00 PM Ms. Maggie Deloach Department: Department: Caption: Ms. Maggie Deloach regarding redistricting. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 12/7/2021 2:00 PM Reverend James Williams, President of HOPE Department: Department: Caption: Reverend James Williams, President of HOPE regarding the redistricting map that was approved by the Ad-Hoc Redistricting Committee. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 12/7/2021 2:00 PM Mr. Woodrow Fryer Department: Department: Caption: Mr. Woodrow Fryer regarding the installation of water and sewer lines on Hwy. 25 Richmond/Burke County Line. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 12/7/2021 2:00 PM Ms. Monique Braswell Department: Department: Caption: Ms. Monique Braswell acknowledging and thanking Commissioners Brandon Garrett and Alvin Mason for their support and participation during recent community events. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 12/7/2021 2:00 PM Rev. Anthony M. Booker Department: Department: Caption: Rev. Anthony M. Booker (Baptist Ministers Conference) regarding the Redistricting Map for Richmond County. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 12/7/2021 2:00 PM Aircraft Jet Refueler Department:Augusta Regional Airport Department:Augusta Regional Airport Caption:Motion to approve the purchase of an Aircraft Refueler Truck for $244, 850.00 from Skymark Refuelers, LLC. The purchase will financed and amortized using the GMA lease purchase option. Action approved by the Augusta Aviation Commission on October 28, 2021. (Approved by the Public Services Committee November 30, 2021) Background:Delivering Jet fuel to the customer is one of the Airport’s core businesses and the need to have reliable and a sufficient supply of equipment is extremely important to accommodate the daily operational demands. As older fuel trucks age, those trucks are converted to defuel trucks to support the Standard Aero operation. The Airport has an older truck that was unreliable and was recently converted to a defuel truck which decreased refueler truck capacity. As a result, a request to procure a 5000- gallon jet refueler was approved in the 2021 airport budget. Analysis:Currently the Airport has a total of four Jet-A refuelers, two refuelers are supplied by the Airport’s contract fueler, Avfuel, and the other two are Airport owned. One of the Airport-owned refuelers has been converted to a defuel truck which leaves three remaining refuelers in operation. Additionally, trucks become temporarily inoperative over time due to scheduled and unscheduled repairs as a result of usage and multiple operators. The Airport can request an additional refueler truck from Avfuel, but the terms are not favorable relative to procuring the refueler truck via the GMA lease purchase option. The Airport collaborated with the County Procurement Department to solicit bids for a new aircraft jet refueler. Seven (7) companies were invited to bid, but only two companies offered a compliant bid. Of the two bidders, Skymark Refuelers LLC. offered the lowest price at $244, 850.00. Additionally, this vehicle meets all requirements stipulated in the specification. Bid tabulations are attached. Cover Memo Financial Impact:The apparatus will be financed over a 10-year period with 0% interest resulting in annual payments of $24,485. Alternatives:To Deny Recommendation:Recommends Approval Funds are Available in the Following Accounts: Purchase through fund 631: 631101110-5499631 Annual lease payment from: 551081106-6111631 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 12/7/2021 2:00 PM Airport ATM Concession Agreement Department:Augusta Regional Airport Department:Augusta Regional Airport Caption:Motion to approve contract with the Augusta Regional Airport and Alpine Creek Enterprises LLC for the Airport's ATM Concession Agreement. Approved by the Augusta Aviation Commission on October 28, 2021. (Approved by the Public Services Committee November 30, 2021) Background:The Airport recently solicited a Request for Proposal through the Augusta Richmond County Procurement Department to for Automated Teller Machine services for the Airport. Four compliant proposals were received. Analysis:The four proposals were reviewed by a committee consisting of Airport and Procurement Department staff on September 29, 2021. Upon careful review and discussion, the Committee unanimously selected Alpine Creek Enterprises, LLC as the best fit to provide ATM machines and servicing for the Airport. The evaluation sheet and scores are attached. The agreement is for a term of three (3) years with two one (1) year options for renewal. Financial Impact:This agreement is exclusively a "money in" contract. There is no financial impact. Alternatives:To Deny Recommendation:Recommend Approval. Approved by the Augusta Aviation Commission on October 28, 2021. Funds are Available in the Following Accounts: N/A Cover Memo REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 12/7/2021 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption:Motion to approve Existing Location: A.N. 21-38: request by D. Wayne West III for an on premise consumption Liquor, Beer & Wine License to be used in connection with Sheraton Augusta Hotel located at 1069 Stevens Creek Rd. There will be Dance. There will be Sunday Sales. District 7. Super District 10. (Approved by the Public Services Committee November 30, 2021) Background:This is an Existing Location. Formerly in the name of Harinderijit Singh. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $6,130.00. Alternatives: Recommendation:The Planning & Development approved the application subject to additional information not contradicting the applicant’s statements. 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: Cover Memo Law Administrator Clerk of Commission Cover Memo Commission Meeting Agenda 12/7/2021 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Location: A.N. 21-37: request by Teodosio Estrada for an on premise consumption Liquor, Beer & Wine License to be used in connection with Mi Rancho 2, LLC located at 3626 Walton Way Ext. Suite 600. There will be Sunday Sales. District 3. Super District 10. (Approved by the Public Services Committee November 30, 2021) Background:This is a New Location. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $5,715.00 Alternatives: Recommendation:The Planning & Development approved the application subject to additional information not contradicting the applicant’s statements. 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:Cover Memo Law Administrator Clerk of Commission Cover Memo Commission Meeting Agenda 12/7/2021 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Location: A.N. 21-36: request by Aasim Mohammed Abdul for a retail package Beer & Wine License to be used in connection with Texaco Food Mart located at 601 Bransford Rd. District 3. Super District 10. (Approved by the Public Services Committee November 30, 2021) Background:This is a New Location. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $1,330.00 Alternatives: Recommendation:The Planning & Development approved the application subject to additional information not contradicting the applicant’s statements. 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: Cover Memo Law Administrator Clerk of Commission Cover Memo Commission Meeting Agenda 12/7/2021 2:00 PM Alcohol Renewal Department:Planning & Development Department:Planning & Development Caption:Motion to approve a request by the Planning & Development Department to renew the existing Alcohol Licenses in the City of Augusta. There will be Sunday Sales. There will be Dance. There will be Arcades. Districts 1-8. Super Districts 9-10. (Approved by the Public Services Committee November 30, 2021) Background:This is the annual renewal for the year 2022. Analysis:The applicants meet the requirements for the renewal of their current licenses for the 2022 year. Financial Impact: Alternatives: Recommendation:The Planning & Development approved the application subject to additional information not contradicting the applicant’s statements. 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:Cover Memo Law Administrator Clerk of Commission Cover Memo Commission Meeting Agenda 12/7/2021 2:00 PM Alcohol-Super Bowl Sunday Department:Planning & Development Department:Planning & Development Caption:Motion to approve by resolution the designation of one Sunday during the calender year of 2022 that bars can be open as provided in the Augusta Alcohol Ordinance, Section 6-2-77 (3a). Super Bowl Sunday February 13, 2022. (Approved by the Public Services Committee November 30, 2021) Background:The Augusta Alcohol Ordinance provides that by resolution the Commission can designate one Sunday a calender year that Bars can be open. Analysis:The following dates have been approved in the past: Super Bowl Sundays February 3, 2019, February 2, 2020...The proposed date to select for 2022 is February 13, 2022. Financial Impact:N/A Alternatives:Do Not Approve Recommendation:Approve Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Law Administrator Clerk of Commission Cover Memo Commission Meeting Agenda 12/7/2021 2:00 PM Refund, over payment of hotel - motel excise taxes. Department:Planning & Development Department:Planning & Development Caption:Motion to approve request for proposed settlement agreement for the refund to Delta Airlines in the amount of $25,390.86 for overpayment of hotel/motel excise taxes between the periods of November 2015 through June 2018.(Approved by the Public Services Committee November 30, 2021) Background:Deloitte Tax LLP submitted a claim for overpayment of hotel/motel excise taxes on behalf of Delta Airlines in the amount of $52,723.07 for their stay at the Augusta Marriott between the periods of November 2015 through the June 2018. It has been determined the amount is $25,390.86. The Georgia Department of Revenue has refunded Delta Airlines for their overpayment of sales taxes during this period. The Augusta Law Department has recommended refunding Delta Airlines for the hotel/motel excise taxes. Analysis:Delta Airlines overpaid hotel/motel excise taxes for their stay at the Augusta Marriott. Between the periods of November 2015 through June 2018 it has been determined that the amount owed is $25,390.86. The proposed settlement agreement is attached. Financial Impact:Augusta will owe Delta Airlines $25,390.86 in hotel/motel excise taxes. Alternatives:Do not approve. Recommendation:Approve refund request. Funds are Available in the Following Accounts: The amount refunded to Delta Airlines will be deducted from future payments of hotel motel tax collections made to the Coliseum Authority and the Convention and Visitor's Bureau. Augusta does not retain any revenue from hotel motel taxes. Cover Memo REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 12/7/2021 2:00 PM Wendel Contract Amendment Final Department:Augusta Transit Department:Augusta Transit Caption:Motion to approve an amendment to increase the value of the Architectural and Engineering services contract with Wendel Companies dated March 25, 2013 for the last and final payment for Construction Administration of the Transit Operation and Maintenance Facility for Augusta, Georgia.(Approved by the Public Services Committee November 30, 2021) Background:The Architectural and Engineering services contract with Wendel Companies was awarded on March 25, 2013 after conducting a competitive procurement process that was managed directly by Augusta’s Procurement Department and consistent with the Federal Transit Administration’s (FTA) competitive Architectural and Engineering (A&E) procurement process. The contract was for the basic services associated with the Architectural and Engineering Design of a new Augusta Public Transit Operations and Maintenance Facility on Mike Padgett Highway. The original contract was for an amount of Five Hundred Ninety Five Thousand Eight Hundred Ninety Dollars ($595,890.00). Wendel had completed approximately 60% of the design work on the project when a decision was made to suspend work on the project and reconsider the decision to build at that location. Wendell was paid a total of Two Hundred Nineteen Thousand Seven Hundred Sixty Two Dollars ($219,762.00) for the work they had completed on the project through that time. Augusta has made a decision to build the facility at a new location. Wendel has proposed a fee associated with Design and Engineering of the new facility of Eight Hundred Ninety Five Thousand and Ten Dollars ($895,010.00). This represents an amount that equals 7.45% of the total estimated construction cost of Twelve Million Dollars ($12,000,000.00) for the project. They will be utilized as much of the previously developed plans as possible from the previous site in the new project. However, codes had changed and any previous design work had to be revised to bring them in Cover Memo compliance with new building codes. This amendment to the Wendel contract increased the originally approved amount of Five Hundred Ninety Five Thousand Eight Hundred Ninety Dollars ($595,890.00) to an Amount not to exceed One Million One Hundred Fourteen Thousand Seven Hundred Seventy Two Dollars ($1,114,772.00). The net increase of this contract was Five Hundred Eighteen Thousand Eight Hundred Eighty Two Dollars ($518,882.00). On September 6, 2016, the new contract was approved by Commission and the amount was calculated by adding the fees for the design of the new facility ($895,010.00) and the amount paid previously ($219,762.00) on the Mike Padgett project. The total cost of this contract with Wendel Companies was $ 1,114,772.00 Amount previously paid to Wendel Companies was -219,762.00 Balance funded for new project was $ 895,010.00 Analysis:Wendel’s last and final payment is Eight-Two Thousand Seven Hundred Sixty Nine Dollars and Fifty-One Cents. ($82,769.51) for the construction administration services provided. Those costs were associated with the A/E Construction Administration services included the following: • Review project close out submittals and respond to RFI’s • Verify and observe the start- up of major building systems and specialty equipment • Additional team travel to site to perform the project punch lists • NPDES inspection services The current Purchase Order (PO) has a balance of Thirty-Three Thousand Four Hundred Twenty- Four Dollars ($33,424.00) remaining and this amendment is to add Forty-Nine Thousand Three Hundred Forty-Five Dollars and Fifty-One Cents ($49,345.51) to the PO for the last and final payment. Wendel’s final payment increases the contract amount approved of One Million three Hundred Thirty-Four Thousand Five Hundred Twelve Dollars and Thirty-Four Cents ($1,334,512.34) to One Million Three Hundred Eighty-Three Thousand Eight Hundred Fifty Seven Dollars and Eighty-Five Cents ($1,383,857.85). The net increase of this contract is Forty- Nine Thousand Three Hundred Forty-Five Dollars and Fifty- One Cents ($49,345.51) Financial Impact:This item is 80% federally funded and 20% locally funded. The remaining contract amount of $49,345.51 will be funded with local and federal grant funds from the Transit Department’s 2021 Capital Budget. The allocated funding breakdown is: Funding Source Total Split Federal Local FTA Grant GA-2018- 016-00 $49,345.51 80/20 $39,476.41 $9,869.10 Alternatives:None. Recommendation:Approve the request for Wendel’s last and final payment. Cover Memo Funds are Available in the Following Accounts: 547-09-1224-54-13130 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo CONSTRUCTION CONTRACT CHANIGE ORDER PROJECT TITLE ORTGTNALCONTRACTDATE 03t2512013 CO NUMBER 4 BID ITEM 1 1-138 DATE o8-18-2020 Chanoe Order to A & E Contract with WENDEL PROJECTNUMBER PO NUMBER P31 1686OWNER AUGUSTA, GEORGIA The following change is hereby made to the contract for the above proiect: Description of Change (for a more detailed description see attached proposal): This change order is a net increase of $49,345.51 Architectural and Engineering Services during the construction of a Transit Operations and Maintenance Facility for Augusta Georgia. PAYEE P C WENDEL DUCHSCHERER A & E TOTALAMOUNT OF THIS CHANGE ORDER The contract time will 6. affected by 0 ORIGINAL CONTRACT AMOUNT PREVTOUS CHANGE ORDER (INCREASE ) 49,345.51 calendar days as a result ofthis change. $ $ $ $ 895,010.00 439,502.34 49,345.51 1,383,857.85 THrS CL{ANGE ORDER ( |NCREASE ) TOTAL REVISED CONTRACT AMOUNT WITH CHANGE, ORDER FUNDING NUMBER/ACCOUNT N UMBER: PROPOSED BY: REQUESTED BY: SUBMITTED BY: FINANCE ENDORSEMENT: RECOMMENDED BY: APPROVED BY: G/L Acct. #: J/L Acct. #: CONTRACTOR COMPTROLLER ADMINISTRATOR MAYOR 547-09-1224154-13130 DATE: DATE: DATE: 0g-23-2021 DATE: DATE: DATE: ENGINEER Megan O'ConnetL tco' ep. ul Prolect Manager Skanska USA Buitding lnc. lntegratedSotutions Augrst 18,2020 Ms. Sharon Dottery Transit Director Augusta Public Transit 1535 tenwick Street Arlgusta, GA3O904 RE: Wenetchangemrt2ardAddttbnatSentices DerMs. Dottery: Skanska has roderrued the changje order poposat from Wendel for additional construction administration services during tfre contract extension time to June 1, 2019. The arnount of 140,191.20 aligns with the expenses for construction administration in t}eir executed contract. Skanska has atso revieued the backup for the time and experues Wendet spent to perform the lndependent Co6t Btimates (lCE's) requested by Augusta fubtic Transit. The total amount spent in this effort is $9, 154.31. Skanska recomrnends increasing Wendet's contract to co!€r 6ange order #2 and ICE time and expenscs. This total increase is 149,345.51 and brings their contract amqrnt to t1,383,857.85. Sinceety, lutegart Paie(t fryo o'cd O'Cqndl Manager .j#&-g-.. -..,. --b"&,....-,.. TNDEPENDENT ESTIMATE FORM (lEF) Originator:Sharon Dottery Project Name: Contract Amendment Wendel for Augusta Date: Augusta 19,2020 Estimate Amount: 549,345.51 Are the estimated funds in the current budget? ffi ves fl ruo xtr X No lf no, go to Question 4 4) ls the total dollar amount more than 525,000, but not more than S10O,00O.OOI ffi Ves lf yes, go to Section A I tUo lf no, go to Section B SECTION A DETERMINATION OF PRICE REASONABLENESS 1) How is this project funded? 2) ls this a capital procurement? ffi ves flruo 3) ls the total dollar amount s25,000.00 or less? f] Adequate Competition I Advertisements tr catalog Price I Current Price Lists SECTION B IT{DEPENDENT ESTIMATE FORM Federal Funds lf federally funded, go to Section B Local Funds lf locally funded, go to Question 2 lf yes, go to Section B lf no, go to Question 3 I ves lf yes, no IEF required. f| Prices Reasonable on Previous Purchase tr Similar ltems in a Related lndustry n lndependent Price Estimate X Other - Attach Support & Cite Basis Utilize the ottoched lndependent Estimote Guide to develop the estimate amount for federally funded projeds, copitol procurements ond procurements over 5700,000.00. Stote the bosis for the estimate below, ond ottach all pertinent documentotion. Since the originol completion dotes were estoblished, the schedule for the project hos been extended due to inclement weother conditions thot hove impocted the progress on the site. This extension has coused for additional funds from the Architecturol ond Engineering Firm. The estimoted cost is 549,345.51 SIGNATURES/APPROVATS Approved: Requestor Approved: Director, Procurement Department Date Scott Penton Project Executive Skanska USA Building Inc. Integrated Solutions 400 N. Ashley Drive Tampa, FL 33602 Phone: 813-523-0038 Email: scott.penton@skanska.com October 25, 2021 2844 Regency Blvd Augusta, GA 30904 RE: Augusta Public Transit Facility – Skanska Support Letter for Wendel Change Proposal Dear Ms. Dottery, As you requested, Skanska has reviewed the proposal submitted by Wendel for providing additional construction administration services as they related to the construction of the Augusta Public Transit (APT) Operations and Maintenance (O&M) Facility. The extension of time and cost coincide directly with the extension in time granted Reeves Young the contractor for the project. Our review of both the time and cost provided by Wendel is that this is reasonable and was certainly needed for the City. Here is why: a) Because the contractor still had work to do, RFI’s, Submittals and Shop drawings had to be reviewed and approved by Wendel in order for the contractor to proceed. b) Bi-weekly OAC meetings were still being held where Wendel provided team members to answer questions and solve any discrepancies. c) Review of pay application, Potential Change Orders (PCO’s) and other related tasks were still needed by the A&E. d) Design decisions in the field were still being made under the time extension e) Reviews of FTA requirements including Buy America as well as spot checks for Davis Bacon Wage rates were still being conducted with support of the A&E. f) While there is no one spot in a project more important than another, the end of a project normally requires more hands-on time and observation to approve final assembly, finishes and products that will stay with the facility. Wendel provided on site reviews and observations during this time with the responsible discipline. g) Wendel priced the proposal based on the previous proposal in that the total amount on construction administration services was divided by the estimated time. Doing this for the added time is the most reasonable way to predict what the cost could be. Based on our review, the work performed by Wendel was both necessary and the price reasonable for the anticipated work at that time. What was delivered was exactly that or possibly even more. I say the latter because as you know, while both Wendel’s and Skanska’s contracts are complete, we have remained involved with APT solving ongoing maintenance issues with some of the equipment. I am happy to discuss this with you or others at the City. Thank you as always, and we look forward to working together again in the future. Sincerely, Scott Penton Scott Penton Project Executive Commission Meeting Agenda 12/7/2021 2:00 PM Augusta Employee Mental Health Day 2021 Department:Administrator's Office Department:Administrator's Office Caption:Motion to approve Augusta Employee Mental Health Day 2021 on December 22, 2021.(Approved by the Administrative Services Committee November 30, 2021) Background:Augusta, GA has chosen a posture of fully open for services, business and industry. This posture has ensured that Richmond County residents receive the same level of service despite the pandemic. While the impact on residents and businesses has been mostly positive, staff members have acknowledged higher levels of stress due to a variety of pandemic induced events (death, emergency response to positive cases, school closures, pandemic protocols, vaccination protocols, etc.). The administrator recommends a single event mental health day projected to have no impact on the FY2021 or FY2022 budget (as proposed) for the benefit of Augusta, GA staff. Analysis: Financial Impact:The administrator recommends a single event mental health day projected to have no impact on the FY2021 or FY2022 budget (as proposed) for the benefit of Augusta, GA staff. Alternatives: Recommendation: Funds are Available in the Following Accounts:Cover Memo REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 12/7/2021 2:00 PM Build Augusta Dashboard Department:Administrator's Office Department:Administrator's Office Caption:Motion to approve a transparency dashboard, that initially consists of SPLOST 8 approved projects and TIA 2022 projects. As it develops, the Build Augusta dashboard will highlight financial transparency and project progress while giving insight into project budgets, expenditures, revenues, and construction progress on through completion. The dashboard will also provide real time photos of progress for each project and will be updated quarterly to show project spending. The dashboard includes an interactive map that allows users to scroll over various communities to see project location, funding, and timeline. Users will also be able to click on a specific project on the map and be taken to the full project description and all details associated with the project. Build Augusta is a simple and easy dashboard that will keep the citizens of Augusta- Richmond County up to speed on how and where their dollars are being spent. (Approved by the Administrative Services Committee November 30, 2021) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: Cover Memo REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 12/7/2021 2:00 PM Employee Incentive Programs Department:HR Department Department:HR Department Caption:Motion to approve three additional employee incentive programs. (Approved by the Administrative Services Committee November 30, 2021) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo October 29, 2021 Augusta Ga Human Resources Department Adding Augusta employee incentive programs Recommendation The human resource department recommends adding four additional incentive programs to our already existing employee incentive program for the FY2022. Employee Appreciation Week 08/08/2022-08/12/2022 Employee Fun Day 08/13/2022 Augusta Perks If approved the additional programs will not cause/create a negative impact on the human resource budget. The employee appreciation week and Employee Fund Day would be budgeted items and a partnership with Parks and Recreation department. The Augusta perks is a partnership with local and surrounding businesses, this program would be a discount program with no expense to the organization or the human resource department. Commission Meeting Agenda 12/7/2021 2:00 PM HCD_ Budget Transfer Request Department:HCD Department:HCD Caption:Motion to approve Housing and Community Development’s (HCD) request to use $100,000 CDBG program income and $100,000 HOME program income to offset allocable administrative expenses (i.e. utilities, repairs and maintenance, security, etc.) that have been paid from HCD’s operating budget. (Approved by the Administrative Services Committee November 30, 2021) Background:When preparing our FY2021 budget, HCD budgeted all CDBG and HOME administrative percentages of entitlement funding to reimburse the city for personnel expense. Doing so has rendered HCD unable to allocate allowable administrative expenses across the grants resulting in HCD’s operating budget as the only available budget source to cover all expenses. Due to HCD’s aggressive affordable housing sales, we have been able to receive back proceeds for these sales, also known as program income. This program income can be used to reimburse HCD for compliant allocable expenses. This would require an increase to the CDBG and HOME program income object codes with an equal increase in other official/admin expense object codes. Thus, we ask for your approval. Analysis:Approval of the request will allow HCD to allocate operating expenses across the CDBG and HOME grants using residual program income. Financial Impact:HCD has paid from their FY2021 operating budget, all administrative related expenses. Approval of this request will allow HCD to continue seamless operations. This request represents a zero net-sum adjustment to HCD’s overall budget. Alternatives:Deny HCD’s request. Cover Memo Recommendation:Motion to approve Housing and Community Development’s (HCD) request to use $100,000 CDBG program income and $100,000 HOME program income to offset allocable administrative expense (i.e. utilities, repairs and maintenance, security, etc.) that have been paid from HCD’s operating budget. Funds are Available in the Following Accounts: HCD Fund budget amount increase requested - CDBG Funds – 221073111 $100,000 HOME Funds – 221073112 $100,000 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 12/7/2021 2:00 PM HCD_HOME Rental Housing Rehab Approval Request Department:HCD Department:HCD Caption:Motion to approve Housing and Community Development Department’s (HCD's) request to provide HOME funding to rehabiliate one (1) low to moderate income rental unit for occupancy by a low to moderate income family. (Approved by the Administrative Services Committee November 30, 2021) Background:The Augusta, Georgia’s HOME Program provides housing assistance for low-income persons and their families to establish or better maintain a stable living environment in housing that is decent, safe and sanitary, and to reduce the risk of homelessness The program is funded by the Department of Housing and Urban Development (HUD) and administered by HCD. Due to the affordable housing crisis, it has made it extremely difficult for low to moderate income persons to locate affordable and suitable housing. HCD acquired several single-family units to assist in providing accommodations for low to moderate income persons. To ensure that the units are decent, safe and sanitary, HCD is moving forward to make the units available for occupancy. The unit to be rehabbed for HOME eligible persons is listed below: Address Contractor Budget Project Type 1. 3618 Meadowgrove Drive Funes Construction $32,790 Rehab Analysis:Approval of the contract will allow one (1) HOME Rental Housing unit to be rehabbed for tenant move in. Financial Impact:The City receives funding from the US Housing and Urban Development Department on an annual basis. This approval would be for the amount of up to $32,790. Alternatives:Do not approve HCD’s request. Cover Memo Recommendation:Motion to approve Housing and Community Development Department’s (HCD's) request to provide HOME funding to rehabiliate one (1) low to moderate income rental unit for occupancy by a low to moderate income family. Funds are Available in the Following Accounts: Housing and Urban Development (HUD) Funds: HOME Investment Partnership Grant (HOME) funds. HOME Funds: 221073212 5225110 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo AHCDD Form 507 (Rev. 11/05) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Date: CONSTRUCTION CONTRACT - HOUSING REHABILITATION Page 1 of 7 Pages THIS CONTRACT, by and between Augusta Housing & Community Development Department _, hereinafter called “Owner” and ___ hereinafter called the “Contractor.” WITNESSETH: That the Owner and the Contractor, for the considerations hereinafter named, mutually agree as follows: ARTICLE 1 CONTRACT DOCUMENTS The Contract Documents shall consist of the Housing Rehabilitation Contract General Conditions (AHCDD Form 510), Attached Work Write Up, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after the execution of this Agreement; these form the Contract and are as fully a part of the Contract. The Contract represents the entire and integrated agreement between the parties and supersedes prior negotiations, representations and agreements, both written and oral. In the event of a conflict among the Contract Documents, the Documents shall be interpreted according to the following priorities: First Priority: Manufacturer’s Instructions Second priority: Construction/Rehabilitation Contract Third Priority: General Conditions of Contract, 2000 version Fourth Priority: Work Write-Up dated AHCDD Form 507 (Rev. 11/05) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Date: CONSTRUCTION CONTRACT - HOUSING REHABILITATION Page 2 of 7 Pages ARTICLE 2 SCOPE OF SERVICES The Contractor shall do all the work and provide all the materials, tools, machinery, supervision, etc., necessary for the rehabilitation of the property located Augusta, GA 30906 all in accordance with the Work Write-Up which is attached hereto and expressly incorporated herein by reference and made a part hereof. The contractor shall perform the entire rehabilitation of the residential structure as described in the contract documents except items as indicated as follows, which are to be the responsibility of other contractors: Scope Contractor ARTICLE 3 TIME OF PERFORMANCE The services of the Contractor are to commence on _ _ and shall be completed by _ . As time is of the essence, the Contractor will, if these services are not completed within this time period, be assessed the amount of Fifty Dollars ($50.00) for each day the work is not substantially completed after _ unless an extension is granted by the Owner. Liquidated damages shall be deducted from the total amount of payment due the Contractor under this Contract. ARTICLE 4 CONTRACT PRICE In consideration of the terms and obligations of this Contract, the Owner agrees to pay the Contractor) _. The Contract Sum is based upon the following alternates, which are described in the Contract Documents and are hereby accepted by the Owner: AHCDD Form 507 (Rev. 11/05) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Date: CONSTRUCTION CONTRACT - HOUSING REHABILITATION Page 3 of 7 Pages #1__________________________________________________________________ #2__________________________________________________________________ #3__________________________________________________________________ ARTICLE 5 PROGRESS PAYMENTS The Contractor agrees that the total contract price shall be paid in one or more progress payments based upon the value of the work satisfactorily completed at the time the progress payment is made. Such progress payments shall be disbursed on a monthly basis, after inspection and approval of the work by the Owner and the Augusta Housing and Community Development Department, or its duly authorized representative, less a retainage of 10% of the price of the work completed. Prior to receiving any progress payment, the Contractor shall furnish the Owner with Application and Certificate for Payment Owed To Date, for the materials and labor procured under this Contract. Upon completion of the whole Contract and acceptance of the work by the Owner and the Augusta Housing and Community Development Department, and compliance by the Contractor with all Contract terms, the amount due the Contractor shall be paid including any retainage. The Owner and the Augusta Housing and Community Development Department shall approve a final disbursement of all amounts withheld from prior disbursements upon the completion of the construction of the Project as evidenced by the final approval by all code agencies and a field inspection by the Augusta Housing and Community Development Department. The Augusta Housing and Community Development Department and the Owner may withhold from such disbursement up to two hundred percent (200%) of any amounts required to complete the scheduled value of “punch list” items so-called, and seasonal work such as landscaping. ARTICLE 6 CONTRACTOR AFFIDAVIT Prior to each payment by the OWNER, the CONTRACTOR shall affirm in writing that there are no liens or claims filed against the CONTRACTOR or Owner related to materials, labor or services supplied on this or any other project in which the CONTRACTOR was or is currently involved. No payment shall be made to the Contractor if a lien has been filed with respect to the work, which is the subject of this Contract. Final payment shall be made within fourteen (14) days after the request for payment by the CONTRACTOR, provided that the Work of the Contract be then satisfactorily performed, subject to the provisions of the Contract Documents, and further subject to receipt by the OWNER of the same Affirmation relative to existing liens or claims against the CONTRACTOR as set forth above. Upon such final payment, the CONTRACTOR shall provide to the OWNER a Final Release of Lien stating that the CONTRACTOR has no further claims or liens against the Owner for materials AHCDD Form 507 (Rev. 11/05) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Date: CONSTRUCTION CONTRACT - HOUSING REHABILITATION Page 4 of 7 Pages or labor supplied under this Agreement. ARTICLE 7 OWNER’S REPRESENTATIVES/LENDER’S AGENTS The Owner’s Representative shall be ____ __________________. The Owner’s Representative will provide administration of this Contract during construction and throughout the warranty period. The Owner’s Representative will visit the site at intervals appropriate to the stage of construction to determine if the Work is proceeding in accordance with the Contract Documents. Based on the Owner’s Representative evaluation of Contractor’s invoices for payment, the Owner’s Representative will determine the amounts owing to the Contractor. The Owner’s Representative will have authority to reject Work that does not conform to the Contract Documents. If the Contractor fails to correct defective Work or persistently fails to carry out the Work in accordance with the Contract Documents, the Owner’s Representative, by a written order, may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. ARTICLE 8 CHANGES IN THE WORK After this agreement is executed by the Owner, any changes to the scope of Work, budget or time schedule must be agreed upon in writing by the Owner and Contractor and approved by the lender’s representatives. ARTICLE 9 FINES The Contractor is fully responsible for the means and methods of executing the scope of work. The Contractor is specially trained in lead-safe work practices and lead hazard reduction and therefore agrees to hold the owner and the agency harmless in the event of any fines from federal or local agencies concerning the lead hazard reduction work. The Contractor agrees to immediately satisfy any and all fines or judgments presented by OSHA, EPA, the local or state health department, the applicable state lead-based paint activities certification and training program, and any other governmental agency having jurisdiction over lead hazard reduction work. AHCDD Form 507 (Rev. 11/05) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Date: CONSTRUCTION CONTRACT - HOUSING REHABILITATION Page 5 of 7 Pages ARTICLE 10 TERMINATION OF AGREEMENT This agreement may be terminated by either party upon seven days’ written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. This agreement may be terminated by the Owner upon at least seven days written notice to the Contractor in the event the project is permanently abandoned. In the event of termination not the fault of the Contractor, the Contractor shall be compensated for all services performed to the termination date. ARTICLE 11 ARBITRATION All claims, disputes and other matters in question between the parties to this agreement, arising out of or relating to this agreement or the breach thereof, shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining unless the parties mutually agree otherwise. No arbitration arising out of or relating to this agreement, shall include, by consolidation, joinder or in any manner, any additional person not a party to this agreement except by written consent containing a specific reference to this agreement and signed by the Owner, the Owner’s Representative, and any other person sought to be joined. Any consent to arbitration involving an additional person or persons shall not constitute consent to arbitration of any dispute not described therein or with any person not named or described therein. This agreement to arbitrate and any agreement to arbitrate with an additional person or persons duly consented to by the parties to this agreement shall be specifically enforceable under the prevailing arbitration law. Notice of the demand for arbitration shall be filed in writing with the other party to this agreement and with the Augusta Housing and Community Development Department Director. The demand shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, in no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim dispute or other matter in question would be barred by the applicable statute of limitations. The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. AHCDD Form 507 (Rev. 11/05) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Date: CONSTRUCTION CONTRACT - HOUSING REHABILITATION Page 6 of 7 Pages ARTICLE 12 ASSIGNMENT OF CONTRACT This agreement may not be assigned to any other Contractor or Agent of Contractor without the written approval of the Owner and the Augusta Housing and Community Development Department. IN WITNESS WHEREOF, the parties hereto executed this Agreement the day and year first above written. CONTRACTOR Name of Contractor __ ___ ____ Contractor’s Representative Signature of Contractor OWNER ___ __ ___ HCD Representative Signature of Owner WITNESS: Subscribed and sworn to before me this day of , 20 . Notary Public AHCDD Form 507 (Rev. 11/05) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Date: CONSTRUCTION CONTRACT - HOUSING REHABILITATION Page 7 of 7 Pages Approved as to form: _________________________ Date:______________ Augusta, GA Law Department By: ___________________________________ Date: ______________ Hardie Davis As its Mayor By: ___________________________________ Date: _______________ Odie Donald, II As its Administrator By: ___________________________________ Date: ________________ Hawthorne Welcher, Jr. As its Director, HCD SEAL ____________________________ Lena Bonner As its Clerk Commission Meeting Agenda 12/7/2021 2:00 PM Lighting System Upgrade at Augusta Convention Center Department: Department: Caption:Motion to approve and authorize Augusta Convention Center Management, LLC to expend $38,800 for the upgrade of the lighting system at the Augusta Convention Center. Based on the management agreement, approval of expenditures above the $20,000 threshold require Commission approval. The lighting system request impacts convention center visitor usage and revenues. (Approved by the Administrative Services Committee November 30, 2021) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Lena Bonner From: Sent: To: Cc: Subject: Attachments: lmportance: Good morning Ms. Bonner, Odie Donald Monday, November 29,20219:55 AM Lena Bonner Wanda Gothie;Tanikia Jackson; Commissioner Ben Hasan Addendum ltem Administrative Services Committee November 30, ZO21 TEE CENTER MANAGEM ENT AG REEMENT_TS.pdf; AUGUSTA CONVENTTON CTR LUTRON SYSTEM UPGRADE 2021 11721.doc High I received a-requ_e_st from our partners at th9 Marriott, which I cannot authorize. As such, I am requesting the below item be added as an addendum. I had an opportunity to mention this needed item to the Cliair (colpied) and he was open to it. Please see below and attached. Mo_tio^n to-app_rove and authorizeAugusta Convention CenterManagement, LLCto e:rpend $38',8oo for the upgrade of the li8hting system at the Augusta Convention C;enter. Based on the Management agreement, approval of expenditures above the $zo,ooo threshold require Commission approval. The lighting system request impacts convention centervisitor usage and revenues. lll MtErrot, . (r), T'EE oqn M*eq 4tt tt BdDtrh thc TEE ccntcr in good conditbo ud 'op.tu e tbc noc drdldr u rte coofoari: olmr i6 n hr.to.4 id 0ii;d;rslq,ilrb,rd nds n til nffiiry, frldtnrr, fixhEer rad Gsdpcilt ror rn iue cinircr. aejitfi rh;ltutritdoo of $oeitn s.{c), if ryli{la Mur{ir-nry wi{,er* fi$& tp,n il-irHiiAcEoEnt b P.y fo? &Pilrl Erpcoscs. Murq3at *ll slrin Orynr'r E'ro*.f rkr r -.Lirrnmy moc'x..cyc*ccn0inrc of olorr 0ra $2&00m rrdagh-"rhfr-riicurorcaqpr;of Crpitrt Erpars ro orba*i* trrlorilol by ttli Aulul i,fi (b) 9gdrf.!?qG Ctlrrc" 4a[Er. Mrnltcr rtso rnay euug ro bG pri4 &om rvaihblcunouats iD tbc C+ilrl-lfry- q C+ilet Erpcc* for rbc Conrocnoc Ccacr Annc* rhar hevc t.t-TSr{Gd lo bc prilt by Cacu but $rll firrt obtria Omcr'r rypiuyd if rufi ieu 651ocdtt20,0m md r'8 rm o$.ilyitc urhoriznt by rhc Aur,$l plrn, (e) qcncnl.Irn lrdo?. Eroca u otbarirc crptrrry rrshaizcd hcrdrr sry c.g,ir.re*po13 eroocding hc hrd-rflcd aaounr(r) sd fodh ilr ti,c *mrolt Pt,, td-;;#;[fr';c*p.odirm by molt thryr lsyror rha payrnirt of T,hi* u,ould c.rs! tlp -.*, 0m bdi i; ilEc+iid Amn'r ro bc rcduord !y msoc itrm ps* of r[c mounr h.td it .*d; "ir*iailffi;oftlre Fi$d Ycar *{l rcquin Onncr.r piorapgmvrl. In Seraice, Odie Donald II, MBA Administrator Augusta-Richmond County 535 Telfair Street, Suite 9ro 0o6) 8zr-2898 Offrce odonald @ausustasa. sov J-.r-t.t-*f."t^ 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 tiability for the content of this e-mail or for the consequences of any aciions taken on the basis of the information provided, unless that 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 those of the City of Augusta. E-mail transmissions cannot be guaranteed to be secure or error-free as information could be intercepted, corrupled, lost, destroyed, arrive late or incomplete, or contain viruses. The sender iherefore does not accept liability for any errors or omissions in the content of this message which arise as a result of the e-mail lransmission. lf verification is required, please request a hard copy version. AED:104.1 TEE CENTER 1UANAGEMENT AGREEMENT ,rl#;E {iffi"TJl'iffi:fiT;AUGUSTA coNvENTIoN cENTiR LraNecritrgN'r, LLi, a Georgia limited liabititycompany ('Meneger,'). RECTTALS A' onmer is a political srbdivision of the state of Georgia and a consolidated city-county govemmsrt pursusnt to the raws of the State of Georgia. B' otmer intends to constmst anf own the Augusta Trade, Exhibit, and Event center(the "TEE Center') to be located at the northwestern inteiection of Reynolds steet and JamesBrown Boulward in Augusta Georgq and to ,cqr;;;afu eir riqhts relating to or fec simpleand/or leasehold title to the laod upon which *"n'u"iiai"g i. locati, ana tne f;rniture, fixfi'es,equipmeoL and supplies located tlt-erein. c' owner has detErminrd ,hT signitrcant public benefits will ensue to the citizens ofowner vfieir the TEE c€ot€r is coatinuo:us_ty opJJJ-rt a high standard of quality andameirities, in order to positively atrect the quality oilife on the cityirarGrsta and its environs,and in nrch a way so as to maximize its long.# "dd;;r at ratcs at or above the non-fixedcosts ofoperation. D' oumer has futher determined that the TEE ce,nter be made available to allpersons and goups on zuch basis, witho-ut any prefereoce for business antities or associations,and that Owner's objectives may best b. u"id;; ihr;6 a management agre€ment with aprivate company with expatise in such matters. E' Thrcugh its prior and current operation of the conference ce,nter, the AugustaMarriott and the Augusta Marriott suites_ 1qi 'rot"rr'f,-which are si.,.o*ted adjacent to theconference c€nt€r, Augusta Riverfron! Lif, an atrtiaied business;f M;gr, possessesunsurpassed experieoce and knowledge as to local conditions and the resources to efficientlyoperate frcilities of a character and location comparable to the TEE ceirter, aad agrees to providesuch time, expertise, and knowledge to Manager;;;;*t to ope,rate the facifties as requiredtrnder this Agreemeat F' owner desires to have Manags^ manage and opcrate the TEE ce,nter, andManager is willing to perform such seryid for the?cowrt of owner on the terms andconditions se forth herein. G' Owner desires that Manager e,nter into that certain TEE Center CateringAgreement with caterer, dated the date heieof fo. 'c"t"rn"g Agreement ), in order to cost- TE€CatcrMrnegcocot Agrcement Excutim Copy I 00282%2-ts effectively and efficiently provide food and bwerage catering services for events at the TEE Center. NOW, TIIEREF'ORE, in considcration of the pre,rnises and the mutual cov€,lrants containod h€r€in, theparties hereto agee as follows: ARTICLE I DEFINITIONS 1.1 Defined Terms. All cryital t€rms herein and not otherwise defined shalt have the meaning as defined in the CORE Agree,ment or TEE Center REA, as the context requires. In addition to the terms defined elsewh€re in this Agreerneng the following terms shall have the meanings assigned to the,m hereir\ unless the context othenrise indicates: *Annud Phn" shall have the meaning sct forth in Section 7.1. "Approving Tax Opinlon'shall mean the opinion of tax counsel experienced in federal income tot matters related to state and looal bonds, within the meaning of Section 103 of the Internal Revenue Code of 1986, as amended (the "Code"), and qualified bonds, within the meaning of Section l4l of the Code, to the effect that a proposed action or ame,ndment will no! without more, impair any exclusion of the intscst on any outstanding issues of obligations that wene issuod to finance the TEE Center, or result in the disallowance of any credit aginst federal income tax or payable to the iszuer of such obligations by the U.S. Treasury Deparfirent "Crpital Accounf' shall have the meaning set forth in Section 6.3. *Capitrl Expenses" shall mean all expe,nditures for Capital Improve,me,nts. Manager shall not'hark-up'or otherrrise add any profit or administrative charge to any Capital Expense. "Crpitel IrnProvements" shall mean one or more items or project(s) r) the cost of each of which totals $5,000.00'or more, ii) tfrat becomes part of the TEE Center (or the Conference Center Annex), and iii) the cost of which is required or allowed to be capitalized tmder the accormting guidelines of Augustq Georgia and GAAP. Exarrples of Capital Lnprove,ments include but are not limited to, equipnen! furniture, fixtures, roof, HVAC compone,lrts, carpet, windows, wallpaper, interior and exterior walls, and rennovable rental exhibit space floor coverings, including the cost of repair or replacerrent thereof. "Citerer" shall mean Augusta Riverfront, LLC, a Georgia limited liability company, and its successors and assigns. "Cetering Agreemenf' shall mean that certain agreeilrent described in Recital G hereto for the purpos€ of providing exclusive Concession aad Catering Senrices for evelrts held at the TEE Center. TEE &a&r Mrogmr Agccotat Excottio Copy N282942-r5 *Catering Feet' shall mean all Catering Fees required to be paid by Caterer pursuant tothe Catering Agreeure,lrt. "Conceesioo qd Catering Servlcef" or "X'ood Servlcee" shall mean the business ofselling fooq food qr^oducts, candy, non-alcoholic and alcoholic beverages, in the concessioqcateriag rcstaurant (if applicable) aod all other areas of the TEE center. "Conference Center" shall mean the Expanded Conference Center, as defined in theCORE Agreement "Confercnce Center A-nner" shalf mean that portion of the Conference Center, which isto be adjacent to the TEE center, in which is locatod a kitchen and related areas for u" ,to-gand preparation of food and beve,rages, together with all equipnent and other improveorentsthereto. "Conventior Center" shall mean the Conference Center, the TEE Center, the RSpD andthe existing parking deck associat€d with the conference ce,nter. *CORE Agreemenf' shall mean that Amended and Restatcd Construction, Operatingand Reciprocal Easemelrt Agreeine,nt datod June l,lggg,and recorded in the Office of the Clerkof supe,rior court of Richmond county, ceoigia "i n"urty [J o+g, pi,ge +s, and aIIamendments thereto, including an amendment on or about the date of this Agreeinent wherebythe confereirce ce,nter is expanded to inctude confereoce c*t , Annex. "cvB' shall mean the Augusta convention and visitors Bureau. "Efrective Drte" shall mean the date on which conshuction of the TEE Center has beencompleted' a certificate- of occupancy for the TEE Ceoter has been issued, and the TEE Centerhas been fully furnished and delivered to Manager for operation. "Finrncial stetemenf' shall have the meaning set forth in section 7.7. ..Fiscsl Yerr'shall mean the twelve (12) month period ending December 31 of each yearduring the operating_Iry of this Agreemenl rne first Fiscal-year shall be the periodcomme'lrcing on the Effective Date and ending on Dece,mber 3l of the same year. A partialFiscal Year after the eod of the last fulI FiscaI Year and ending with the "ipiotioo or earliertermination of the opoating Term shail constitute a Fiscal year. *GAAP" shall mean Generally Accepted Accouoting Principles based on the accrualmethod of accounting. "Management Fee'shall have the meaning set forth in section 3.1. "Mueger's Other Businesses'shall have the meaning set forth in Section 5.1. JIE 99_ !T MaoryGmcat AgrccEcnt Exelttim C,opy 002821N2-15 "Net Opereffng Revenuee" shall mean for any period the excess, if any, of Operating Revenues over Operating Expeirses, as determined using GAAP. "Openting Account" shall have the meaning set forth in Sestion 6.1. "Operetlng Eqlenset" shall mean all expenses required to be incurred in order to operate and manage the TEE Ceirter to the exte,nt the same are authorized under the applicable Amual Plan, including but not limited to the following: (a) Salary Costs of TEE Ceirter Employees and Shared Employees; (b) operating zupplies; (c) utility and telephone charges; (d) repair and mainteirance costs; (e) equipmeirt rental costs; (0 insurance costs related to TEE Center ope,rations, including insurance pre,mirms paid by Manager on behalf of the Owner but not performance or fidelity bonds; (g) securiry costs; (h) cleaning expenses; (i) cost of me,rchandise sales; 0) inteirtionally omited; (k) oost of box office income; 0) cost of reimbursable ev€nt expenses; (m) the cost of obaining an atrdited finencial statement of Manage4 (n) pre- and post-opening marteting promotional and advertising expenses; (o) sales commissions, but only if ap,proved by Oumer pursuant to Sections 7.3 or 7.4 of this Agree,ment aod (p) any other expeoses incunod in the operation of the TEE Ce,nter that would be considered operating expenses under GAAP. Operating Expenses shall not include debt senrice on any borrowing to finance the acquisition, constnrctiog insta[ation, and equipping of the TEE Center. Manager shall not "mark-up" or othenrise add any profit or administative charge to any Operating Expense. "Operating Revenuee' shall mean the gross ref,renues generated from the operation of the TEE Center including but not limitd to, the following: (a) TEE Center space lice,nses and rentals; (b) merchandise sales nw€ouci; (c) on-site TEE Center advertising rweirues; (d) equipment rental fees; (e) utility income; (0 box office income; (g) int€rest income, if any, from the Opcrating Account; (h) reimbursable weot expenses; (i) all Catering Fees; (D all other TEE Ce,nter miscellaneou revenue; (k) any and all re\re,nues generated by or associated with TEE Centermarquee advertising aod 0) revenue derived from nattling rights. "Operating Term" shall have the meaning set forth in Section 2.4. 'Selary Costs" shall mean the gross amount payable by an employer to secure the services of an employee including, without limitation, employees' accnred and vested wages, salaries, employee medicaUdisabilirynife insurance and other health benefits incwred by M*ugo, vacation pay and sick leave, swerance costs, 401(k), profit sharing pension or similar retire,ment benefits or other accrued and vested fringe benefits, business travel expe,oses, and other compe,nsation of whatever nature, including any applicable federal, strte and local totes. For the avoidance of doubt, Salary Costs may also include bonuses for e,mployees (zubject to Section 5.3(d) of this Ageement or commissioos for sales staff(but only if approved by Owner ptrrsuant to Sections 7,3 or 7.4 of this Agreement). Manager shall not'hark-up" or otherwise add anyprofit or afuiinistrative charge to any Sdary Costs. TEE Catcr Moagoeat Agecmcat Exccuion Copy 00282942-15 'Sh$ed Employeee'shdl have the meaning ascTibd thereto by Section 5.3(f) and may include officers, managers orme,mbers of Manager. *Strnd$d" shall mean the first-class standard of operation, mainte,nance and repair of the TEE Cent€r. For the avoidance of doubt, such standard shall equal to the high€r of (a) the condition of the Conference C€oter, and (b) the standards of Marriott Corporation, reasonably interpretd to take into account differ€nces betrneen a hotel and a trade, extribit, and event cqrt€r. *TEE Center" shall have the meaning set forth in Recital B hereto. "TTE Center REA" shall mean that TEE Ce,nter Reciprocal Easerne,lrt Agree,ment between Owner and Auguta Riverfion! LLC executed in connection with this Agreement which provides for the operation of the TEE Center and provides atry Decessary eas€rnerrts wittr respect to constsr.rction or operation of the TEE Cent€r. *TEE Center Employees" shall have the meaning set forth in Section 5.3(a) but shall not include any officer or me,mber of Manager or aoy person who, direcfly or indirectly, othenxrise owns an int€rest in Manger or any affiliate thereof. ApForNrMENr oF ^rffiHli, opERArrNG rERM 2.1 Aopoinhent of Manaeer: Powers and Duties Generallv. Subject to Manager's covenants set forth in Sestion 5.1, Oumer hereby appoints, authorizes, and engages Manager, and Manager hereby accepts appoinnnent on the terms and conditions hereinafter provided as age,nt to: (a) manage, operate, control, license, and rent the TEE Center on Owner's behalf during the Opoating Term; O) co[ect all fees, pay all oqrenses, and pay or cause to be paid all Capital Expenses with respect to the TEE Center in accordance with the Annual Plan; (c) re,nder Financial Stateineirts to Oumer as set forth in this Agreement; (d) re,mit to the Owner on a quarterly basis Net Operating Revemres for the immdiat€ly preceding qusrt€r, less pemitted resewes as authorizod by Section 6.2 of this Agree,lnent; (e) execute, nenew and cancel re,ntal and liceirse agreements for the TEE Center or any part thereof at rates and on such terms as may be apploved by Owner in accordance with the Annual Plan and s$ject to the limitations in Section 5.9 of this Agreemeng and (D sue and r@over for rent and for loss of or damage to any part of Ore TEE C€oter an4 whe,n expedient compromise, settle and release any such legal proceedings or lawsuits; provided however, that Manager shall not settle any lawzuit or other claim relatiag to the TEE Ce,nter without the prior consent of Oumer; and (g) enter into the Catering Agreemeot substantially in the form attached hereto as Exhibit A. Exce,pt insofar as such rigfots are confened on Caterer pursuant to the Catering Agreernent, Manager covenants and agrees to exercise the full concession rights granted hersund€r at all such events in such mfimer and with such number of personnel as are neoessary to provide adoquate supplies and other products dessibed h€rein to patons of the TEE Center at all times consistent with the Standard. Concerning the TEE Ce,lrter, Manager shall have the exclusive rigfut to e,nter into any lease, liceose or other agreement granting any party the right to use any portion of the TEE Center 5 TEE Ccotrr MEagEecnt Agtarat F.xEutim Co,py 00282942-15 exc€pt as provided in the Annual Plao. TEE C€nter operations shall be under the exclusive superrrision and conhol of Manager zubject to the terms of this Agreeme,nt" Except as set forth heroin to the contrary or as rcsenod to Caterer pursrnil to the Catering Agreement, Manager shall have discretion and conhol, froe from interference, internrption or disturtance, in all matt€,rs relating to maoagernent and operation of the TEE Center, including without limitation, charges for license and rcntal, other TEE Cent€r services, enrployrnent policies, granting of concessions or renting of space within the TEE Ceirter, r€ccipt, holding and disburse,meirt of funds (subject to Sections 7.3 or 7.4 of this Agreernent), mainte,nance of bank ac@tmts, procureme,rt of suppties and services, promotion and publicity and, in ge,neral, all activities necessary foroperation of the TEE Cent€r. 22 Restdcdon on TEE Center Lic€n86 md Rentrls. Except as othe,l:urise additioually limit€d hereby, Maoager shall have the discretion to presoibe the terms of the reirtal or licensing of space at the TEE Center basd on ge,lrerally applicable and uniformly ap'plied rates or that are negotiated with the user in arrrs-length bargaining in either case, that is consistent with the applicable Annual Plan; provided, in addition, that any negotiated agree,ment for space lice,nses or rentals: (a) shall not be for a term exceeding 100 da1a, including all renewal opions, if the rate or charges are based on ge,nerally applicable and uniformly applied rates, as set forth in the applicable Arnual Plaq and (b) shall not be for a tenn exceeding fifty (50) da1s, including all re,newal options, if the rates on charges are negotiated with the user in arms-length bargaining in lieu of geirerally applicable and uniformly applied rates. Notwithstanding the foregoing, Manager shall not be prohibited by this Section 2.2 fiom entering into a lease or lice,nsing of space at the TEE Center if Manager and Owner have received an App,roving Tax Opinion. 23 Relrtionship of Parties. Neith€r this Agroe,me,nt nor any 4gree,meirts, instnrmeirts, documeirts or transactions conte,mplated hereby shall in any respect be interpr*d de€rned or constnred ss mnl.ing Manager a partoer or joint venturer with Oqmer or as creating any similar relationship or entity, and Owner and Manager agree that they will not make any conhary assertion, conte,ntion, clarm or counterclaim in any actiog suit or other legal proceeding. 2.4 Ooeretlns Term. Subject to Article IV, the initial Operating Term of this Agree,me,nt shall be for a period commensing on the Effective Date and terninating on the fifreen (15) year anniversary of the Effective Date, provided howev€r, that either party may terminate the Agreement upon sixty (60) days advance writte,n notice pnor to the fifth (5') anniversary of the Effective Date. In the event that either party terminates at the fifttr anniversary the,n in such erre,nt fte terminating party shdl, at its sole cost'and expense, cause the integratod systems (HVAC, intemet, seority, etc) to be separated. The initial Op€rating Term may be rcnewed or exteoded as provided in Section 2.5 and 2.6. Notwithstrnding the foregoing this Agreernent shall be binding on the date it is signed by Owner and Manager and provisions of this Agree,rrent shall survive the Operating Term to the extent specifically set forth in this Agree'ment. TEE Ccatc t{magcmcat Agreotat BccuimCopy ot28294,2-ts 25 First Option of Owner to Extend Operating Term- Ovmer, in its sole discretion, may elect by written notice tro Manager, within 60 dap from the expiration of the initial Operating Term of this Agree,me,nt, to renew the initial Operatiog Term of this Agreemen! for a period equal to the re,maining tenn of the bond financing used for constnrction of the TEE Ce,lrter or any refinancing with respect thereto, but in no weot for a tcrm excceding 15 years or 80% of the remaining useful life of the TEE Center (the *Ftst Renewal Opdon'). In the event Owner so elets to extend the Operating Term of this Agreemeng all of the other tenns and conditions of this Agreement shall rerrain rmchanged drning zuch extended Operating Term. In the event Owner elects not to renew this Agreemenf Owner shall not be liable for any penalties or other costs of any kind whabowerby reason of such non-renewal. 2.6 Second Opdon to Extend Opereting Teru- In the eveirt Oumer exercises the First Reirewal Optioq Owner, in its sole discretion, may elect, by written notice to Manager within 60 days fiom the expiration of the extended Operating Term of this Agree,rncn! to renew the Operating Term of this Agreeme,nt for a period equal to the re,maining Term of the CORE Agreemeot (as defined in the @RE Agreement) but in no event for a tei:n then exceeding the lesser of 15 years or 80% of the 66aining useful tife of the TEE Center. In the event Owner so elccts to extend the Operating Term of this Agreemeo! all of the other terms and conditions of this Agreeotent shall re,main unchanged during such exte,nded Operating Term; provided, however, that the Managerne,nt Fee to be charged during the second extension shall be adjuste( upward or downward, to the then prevailing 'brarket rate". The "market rate" shall be determined based upon the fixd fee customarily charged by Orird party managers of similar facilities in Croorgia, as reasonably determind by Owner and Manager, who agree to negotiate in good faith conceming zuch fee. In the eneot Owner elects not to reoew this Agree,men! Oumer shall not be liable for any penalties or other costs of any kind whatsoever by reason of such non- re,newal. coMPENffiirLSffi*oor* 3.1 TEE Centcr Menaeement Fee. Commencing on the Effective Date, Owner shall, on a monthly basis, pay to Manager a Management Fee in the amount of $7,000.00 per month, adjusted upwad annually, but not dovrnward by the percentage increase in the Consumer Price Index for all urtan oonsurners (CPI-U), Southeast Region (All Iteurs lgSZ- 84:100) for the preceding calendar year for performing its services rmder this Agreemerrt in managing the TEE Center. 32 Pflvme.nt of Fee. The Management Fees shall be due and payable no later than the fifteenth (15-) day after the eod of the month for which the Manage,ment Fee is owed and may be remitted by Manager directly to Manager from the operating Account. 33 Sunival. The provisions of this Article shall suruive termination of this Agreement. TEE Ccatci Martgraat furcencat Exanrtio Copy 00.282912-t5 ARTICLE TV TERMINATION 4.1 Termination. Should either party materially fail to comply with any of the terms of this Agreemeng the nondefaulting party may cancel this Agreement upon nine{ (90) days' writteo notice to the other party of the alleged breach and failure by nrch other parly to cure such breach within such ninety (90) day period; provide( however, that in the event the default is not curable within such uinety (90) day pcno( but the defaulting party has commencod within the ninety (90) day perid efforts to qrre the defaul! the time to cure the default shall be exte,nded for a reasonable period of time in order to allow zuch sure. In the event the party alleged to be in material default of this Agreeme,lrt disputes the existence of zuch material default, this Agreemeirt shall continue in full force uutil a court of competent jurisdiction finds srch party to be in material defaulq after written notice and expiratioo of the applicable crne perio4 and all time periods for appeal of such finding have expired. 42 Rishts and Oblisations tr'ollowlns Termination. In addition to the rights and reinedies otherrrise available to the parties at law or in equity, the following provisions will apply following termination pursuant to this Article or the expiration of the Operating Term. (a) Man4ger Srtl +rit, vacate, surender, and deliver to Owner peacefully and promptly the TEE Cent€r, together wittr all books, records, accouots, contracts, keys, all cash in the Operating Account, less any fees due Manager, and in the Capital Accotrnt and all other pertinent and necessary documents and records pertaining to the TEE Center and the operation the,reof. After termination of this Agreeme,nf Owner shall, without right of offset against Manager, timely pay all uDpaid Operating Expe,nses incurred by Manager prior to the date of such terminatiorL including without limitation, Salary Costs; O) Manager shall do all acts and execute and deliver all documerrts reasonably requested by Owner and othem'ise reasonably cooperate with Oqmer and any successor msnager to insure or facilitate orderly continuation of the business of the TEE Ce,lrter. Manager shall take such actions at Owner's cost, in which case the costs of such action shall be an Operating Expense; (c) Manager and Owner shall negotiate in good faith a modification to the CORE Agreement to provide for a reciprocal right of ingress and egress betwee,n the TEE Center and the Conference Ceirter and appropriate indemnity provisions. In the went that such a modification cannot be agreed to, their either party has the right, but not the obligatiorL at its sole expense, to cause the TEE Center to be physically seprated from the Confere'nce Center by the installation of a door that both parties can s@ure to prohibit acoess without conserrt of the securing party, all in accordance with the plans attached to the TEE Center REA; (d) The rights and tiabilities of the parties having accrued pnor to tenrrination shall continue; and TEE Ccotlr Meag@t Agrc.ssrt Exccutim CoPy 0n.282%2-r5 (e) All provisions hereof identified herein as surviving termination of this Agree,rneirt shall survive. sERvIffi?l;;{AcER 5.1 Manaser's General Covenants. (a) Manager shall use commercially reasonable efforts to manage and operate the TEE Center, its busine.sis, sernices, and sales, iu accordance with industry standards for first class trade, exhibit, and eve,nt c€Dtcrs of similar size and quality. O) Manager acknowledges that a conflict of interest could arise between Managcr's duties hereunder-with respect to the TEE Center and the interests of Manager in the ffotef6e Conference Center and the TEE Center aod any other businesses owned or operated (didtly or through one or more affiliates) by Manager ("Manager's Other Businesses"). Manager covenants to use its best efforts to cause the TEE Center to be operated to fulfiIl OwnJ's objectives. Without limiting the generality of the foregoing, Manager shall never reduce or discount fees or chrges for the lice,nse or rental of the TEE Center or for goods or se,lyices provided at the TEE Ce,nter, which comprise part of Operating Rgve,nues-, from the fees or chargi authorized to be charged in such circumstances pursuant to the.applicable Annual phn, dconsideration for the use, or promise to-use, goods or services provided by Manager's Other Businesses. (c) Manager shall mainJain a separate set of books and records and prepare financial statements reflecting its activities heremder that are zufficieot to enable an auditor to audit the same on the same basis as if such activities were conducted by a separate accounting unit or shgle purpose 6tity. Manager.hall provide copies of said books, records, and financial statements to Owner upon written request by Owner. SZ Policim end Practces. Manager shall adopt and imple,melrt adrninistrative, accotrnting U"ageting; milketin& pe,rsonnel, and operational policies and practices consiste,lrt with indgstry st*d6ds for trade, exhibit, and event centers of similar size and quallty. Policies, practices and procedures relating to accounting, aod any futtre modifications to such accounting policie., prartico and procedures, shall be submitted with the Annual Plan or an arnendme,lrt to ih" Ad;rt Plaru zubject to approval by the Commission in conformity with the method of approval the Annual Plan. Such policies, proc€duies, &d practices, and- any proposed amendments thereio, shall be reviewed by Augusta's internd auditor prior to zubmission to the Commission Such polioies, practices and procodrues shall include pnovisions to accor:nt for crdits and r$ates an-d address the mettlods for allocation and accounting for Shared Employees. TEE CcnEr Mr6gtocot Agrccmcat Exeution Cq'y @2E294,2-t5 53 Personnel. (a) Bmplolment. Subject to the terms of this Agree,rnen! Manager shall select, employ, p-rffiG wttere app,ropriate, supeivise, direci trai& and assign the duties of all penonnel which Manager to*iiUfi detemoines to be necessary 91 app'ropriate for tU. op",ution of the fgE C"ot". (co'ilectively, thi *TEE Center Employees"). Atl TEE CenGr g-pioy* shall be e,mployed by Manager' Owner may at any time consult or communicate *iti rri.""g*,rgrai"g u"i of the TEE center Emproyees, but owner shall not give orders to or otr,*ir" I"t "16r" inihe day-today activities of rru center Employees including for this purpose Sharcd EmPloYees. O) Selection. Manager agre€s to use reasonable and pnrdentJudement in the training and supe,l:vitioo of fBn Ceotet imployees to e'ryure that they are courtsous and ef6cie,nt, and do not use imploper langUage oi ,rt r1 a.loud or boisterous manner while I*r.*,,i"e duties at the TEE -center rrr-anager a8reT that it will aot discriminate agaiost any TEE Center fmpfoyee Liapplicant for e,mpl|ynit fot work under this Agreement because of race, religioo, *lot, se4 {isalility, nationalorigin, anoestry, physical handicap, or age' (c) Appearance and Trainins. Manager shall ensure that non-manageme'nt TEE ce,nter r^drv@ tlre TEE center shall be neatly attircd in clearu commercially attactive uniforms. -Manager shall traio all such employees that they are aware of tilht$ statdards for cleanliness, courtesy and serrrice required. (d) Compensation. Manager shall set_ the salaries and fringe benefits of all TEE center eroptoyffi-t *itl induitry standardsrnd the Annual Plan. cost-of-living increases shall not ;@.d those give,n by owner to its e,mployees. unless othenrise providedin the Annual Pla& no bonuses or."tit raises shall be give'n without the ap'proval of Owner' ln the eveirt that tUe ennuAiian proviaes for bonuses aoaf* merit raises, the Annual Plan shall include trre crit€ria that *rrti" met by a TEE Center e,mployee in order to receive a bonus or merit raise. (e)SalaryCostsforFullTimeTEFCenterEmoloyees.}lthoughallTEE center Emproyees .t shan be responsible for all salary Costs of TEE Ce'lrter EmPloYees' (DsalarvCostsofSharedEmplovws.-Inordertoprovidgthemostcost effective serrrices, tnr Manager may provile certain of the sernices unda thiJffi*itf,-ugb'elnployeis and agents of Manager's Otlrer Businesses (.shared rnproveesS Tothe rryTt M-rg; (a) incurs salary costs of its shared Employees thar are alrocable ; ;p.*fi"n of the TEE-c;ter and o) Manager shall not "mark-up" or other:rrise add any ;r"ii ;; uddnlstrative chage to s;uch S..l"V Costs, then'^such Salary Costs shall be deemed to be Operating Expenses -,a s-n* be remitted to Manager from the Operating Account the same * ,"V "tl*-Ong1;tin; E pe,nse. Salary Costs of a Shared Employee s!{t U9 deemed to have bee,n fairly allocable to rgu Cent€r operations if the proportion of the Shared TEE Ccorr MmgeorntAgrccncat Erca*io Copy 002829,12-fs l0 Employce's aggregate Sdary Costs for the period in question so allocated is in the same theproportion of the amount of time the Shared-Employeaexclusively der/oted to operation of theTEE C€nt€r in relation to the total amormt of time worked for tUe peri; in question, orallocated in anothermanner as ap,proved in the Annual plan. G) Mdkgigg. The books aod records roquired to be maintained byManagT prlrsuant to Section 7.6 hereof shall be zufficient to estabfish the mount of time thatany TEE Center Emqpree sPends providing services to Manager's Other Businesses, and theamout of time any Shared Enrployee expe,lrds providing s€rvices for the TEE C€nter, in eachcase-as a pmentage of their periodic wort schedules (or other method as set forth in Section5.3(D above). 5.4 Mrintcnence. (a) TEE ceng.- Manager shall (i) maintain the TEE Ceirter in good condition andr€Pair to the same standards as the Conference Ce,nter is maintained, ana d) maintairu repair,and replace when necessary, firnritrre, fixtures and equip,ment for the TEE Center. Subject to tnJlimitation of Section 5.4(c), if applicable, Manager may withdraw funds fiom the CapitalAccount to pay for Capital Expe,nses. Manager sUAt oUtain Owner's approval pnor to -rl.i;;any non€mergency expenditure of more than $20,000 6r s single maintenance it"- or categoryof capital Expe,nses not othenvise authorized by the Annual plan. (b) Conf-eryoce Cmter Annex. Manager also may cause to be paid from availableamounts in fhe Capital Accoung Capital Expe,lrses for the Conference Center a*.* that havebeen requested to be paid by Caterer but shall first obtaio Owner's approval if zuch itern exceeds$20,000 and was not othercdse authorized by the Ann,al plan. (c) General Limitation Except as othe,nnrise expressly authorized hereiq any CapitalExpense exoeeding the budgcted a-o,m(r) set forth in tie ennua phn for rr"U.ai"gory ofexpeoditure by more than l5% or the paynent of which would cause the amount then hefi in theCapital Acoount to bereduced by more thang5o/o of the aurount held therein as of the begr,i";of the Fiscal Year shall require Owner's prior approval. - 55 Merl{etlne. Marteting of the TEE Center shatl be a joint effort between Managerand owner, acting through the CVB. The parties acknowledge tnut A" marketing *""oJoflvB and profitability of the TEE Ceoter shall depend on thJ support and assistance of bothOwner and Manager. Owner 4grees to provide aeiicatea funds to tlrc CVB which in Owner,sreasonable judgment arc necessary to allow CVB to market the TEE Center. Marketing shalcorureoce on the date the primary construction contact for the TEE Center is execute4 andsuch funding shall continue in a reasonabre amount during the operating Tsrm. - 5.6 t egrt Senices. Manager is authorized to eirgage such legal counsel as Managerdeems reasonably necessary for the ordinary operational lefat-mauers for the TEE Ce,nter, ihereasonable costs and expenses of which shall be an Ope,rating Expense. With the advice andconse'nt of Owner, Manager shall institute any lTessaryor aesiratti legal actions or proceedings TEE CcotrMeagElrat Agrecocnt Exorfio Copy 0n'2t294]2-r5 to collect charges or other income of the TEE Ce,nter or to enforce the right to cancel or terrrinate or sue for damages under any agreement relat'ng to the operation of the TEE Center. 5.7 Comollmce with Govemment Rulee rnd Reeuladons. Manager shatl ep66t the TEE Ceoter in compliance with all applicable federal, state and local laws and insure that no activity or oondition oocurs on or about the TEE Ce,nter in violation of any laws; provided, howarer, that lvlanager shall have no liability nor be srbjrct to any allegation of default with respect to non-compliance by the TEE Ceoter with any applicable federal, state and local laws regarding ttre condition or use of the TEE Ce,ntcr and the zurrormding property, including without limitation, the Americans with Disabilities Act, zoning regulations and hazrdous waste laws. 5.8 Limitsfion UDon Oblisedons. In the we,lrt that the performance of any of Manager's duties requiring of Owner's funds shall be impeded by reason of unavailability of such funds, the,n, Manager's performance of such obligations shall be excused to the erileot so impeded and until zuch funds become available. Manager shall be rmder no obligation to provide such firnds from any source sther than amormts then held in the Operating Accormt or the Capital Account. ldenager's obligations also shall be excused to the extent performance would be contary to express wdtr€n instuctions of Owner. Owner shall indcmdry, defeo{ and hold Manager harmless from and against any and all liabilities, claims, suits, fines, penalties, damages, judgments, fees, costs and expenses (including but not limitd to attomeys' fees and disbursements) related to the performance of any of Manager's duties requiring expenditure of Owncr's funds, if and when such fimds are not available to Manager. 5.9 Contracts. (a) In General. Manager is hereby authorized, without Owner's prior approvaf to enter into contacts, in its own name or as OwnEr's agelrq with vendors or service providers of its choice, provided" in additioo, that the contact in question: (i) does not have a te,lrn exceeding the lesser of one year or the the,n re,maining Operating Term, (ii) the aggregate annual Operating Expense atfributable to the contract does not orceed the lesser of $50,000 or the amount authorized in the Annual Plan for such expenditure, (iii) does not authorize the vendor or senice provider to use any portion of the TEE Center unless the compensation therefor is not based on the net profits arising from such service or activity, and (iv) is not inconsiste,nt with the applicable Annual Plan. Manager shall promptly notifr Owner of the execution of such contracts. O) Special Indemni8. In the we,nt Manager, in its own narne or as agent of Oumer, eoters into a contact for or related to the TEE Center, Owner shall hdeilrniS, defend and hold Manager harmless from and against any and all liabilities, claims, suits, fines, penalties, damages, jtrdgments, fees, costs and expenses (including, but not limited to attomeys' fees and disburseme,nts) related to the palment of, or obligations related to zuch contract. This right of inderrnification shall survive termination of this Agreeine,nt. 5.10 Costs of Comoliance. Unless otherwise set forth in this Agreement to the cootrary, any costs related to duties imposed on Manager shall, except to the exteirt incurred as a TEE Ccot!'Maoat€o.st furccma Excalioo CoEy o02E2%2-r5 t2 Tsult of lv{anager'.s. qross negligence, willful misconduct or breach of this Agree,men! be atOwner's cost' in which case the costs of such action shall be an Operating Ex$se and may bepaid from the Operating Acmunt. 5:11 AdioiElpe hoPerdes. This Agreement shall in no respect be applicable to anyP{t of the Augssta-Richmond Couuty area other than the TEE Csrter and shall in no eventauthorize Manager to provide senrices on the streets or sidewallcs adjacent to the TEE Center asit now exists or may be hereafter developed unless first approved in writing by Owner. ARTICLE VI BANK ACCOTTNTS, PAYMENTS AI{D DISTRIBUTIONS - !:l Bank AToun, tr. Managershall open, at one or more banks in Augusta, Georgiaselected by Manager, a bank account for the Uenitt of owner, which will serve as an operatingaccount for the TEE-Center (the "Operadng Accounf), and (b) a bank account for the benefiiof Oumer, which shall serve as a capital acco-unt for the itp Centcr (the ..Cepltal Accounf,), asthe source of fimds for Capital Expeirses. 62 Qoefatlne.Accpunfi Pavnpnt to Qwner. Manager shatl deposit all OperatingRevenues into the Operating Accormt. Atl Operafing3eveoues,-whether or not aepositea intlsuch accormt shall be so_lell the property ofoumer. All Operating Expei:ses shall be bomeexclusively by owner. Strbsoquent to the approval of the accounting and financial policies,practices and procedrues provided for in -Section 5.2 or approril of Owner,s FinanoeDeparment, Manager shall have authority to execute checks, aiunr and other items on theopgraQg Account to py the Operating Expe,nses, including the Manage,me,nt Fee. Oa or p,riorto the Effective Date and on lanuary I of wery year during tn" opo"n"g Term, oumer agrecs todeposit int'o the Operating Account $250,000.00. In th; evenittre amoort held in Oi"ruti"gAccount at the e'lrd of any Fiscal Year exceods the amormt reasonably anticipated to be necessar!for the operation of the TEE Center for the succeeding Fiscal vear (after t"i.i"g into acco,nt theannual $250,000 deposit), Manage,r shall distribute zuch excess amount to Owner not later thanupon delivery of the annual Financial Stateinent for such Fiscal year. If at any time theOperating Account contains less than the reasonably anticipated Operating Expenses for a perioaof time not longer_than the e,nsuing 90- days, Iauo"go shall so adise b*o66 in nniting,accornpaniod by an (prro-forma) operating budget, that was submified as part of the Annual plan or, if the Annual Plan has not yet been adopted, in Manager's proposedbudget for the AffiualPIan, and Oumer shall cause such amount tobe deposited loto Uir opotiog,{ccount within ten(10) business days of receipt of such notice. fni intent of this section i-, tt"t the Operatin!Account shall, at all times, contain a permitted reserve suffisieot to cover operating Expenses forth9 ngxt 90 days, withrcut regard to the future receipt of any Operating Revenues. to a" eveot ofa deficiency in the operating Account, Manager may, tut .iaf noiue required to, in its solediscretiorq advance firnds to meet operating Experrses and such advances shall becomeimmediately due from Owner. TEE Ccnrcr Manrgcoat Apcoent Ex*raim Copy00282942-tS 13 Celrter, zuch additional taxes or assessmeots, together with my int€rest, peoalties, fees, or other amounts assCIsod related thereto, shall be Operating Expenses, togettrer with all eS, accounting fees, and legal fees incurred by Managa on behalf of the TEE Center in reviewing and, if neoessary, challenging or negotiating such determinations. Manager shall be authorized to pay from the Op€rating Acmunt all suoh costs, fees, and tax amounts determined to be due but shall otherwise have no liability therefor. This provision shall survive any termination of this Agreeme,nt ARTICLE VII BTJDGETS AI{D ACCOTJNTING 7.1 Annual Plen. Manager shall submit to Owner, for Owner's approval as a part of Owner's budga process, not later ttmn forty-five (45) days subsequeirt to the Effective Date, and at least sixty (60) days prior to the beginning of eac,h Fiscat Year thereafter, an annual plan for the TEE C,€ntsr (the "Annud Plan"), which shall include for the ensuing Fiscal Year, the following proposd budgets and programs setting forth: (a) Manager's best estimate of Operating Revenues and Operating Expenses; O) Manageds best estimate of Capital Expenses for TEE Center, (c) Manager's estimate of Catering Fees; (d) Manager's estimate of Capital Expenses for the Conference Ceirter Annex; (e) a prcposed schedule of rental rates for the use of the TEE Cemter and objective criteria for deviating from such rates; and (0 a summary of the prior year's operations and such other information Managerdee,ms beneficial to Owner. Manager agrees to meet and confer with Owner's Finance Departuenf at the request of the Finance Ocpartment, from time to time and in timely manner to discuss the initial budget and conteirts of the Annual Plan and annually thereafter at the request of the Finance Departrnent during Augusta's budget process and during the creation of the Annual Plan. Manager's estimates of Catering Fees and Capital Expenses for the Conference Center Annex are made a part of Manager's Annual Plan solely at Owner's request, in order better to coordinate and consolidare Owner's budgeting process with respect to TEE Center and related Conference Ceirter Annex operations. Following adoption of the Annual Plan, Manager covenants not to make TEE Ceirter available for rates and fees that are less than the approved schedule of rates and fees or less than the scheduled fees without prior consent of Owner. TEE Cca&r Mrrr8EE d egccoat Ercuim C.opy 0vn294,2-r5 l5 72 Informefion Sherine. In order to assist with the preparation of the Annual Plan, CInner shall p'rovide Manager with CVB's convention sales dat+ including daails of anticipated eve,nts at the TEE C€nter during the year of the Annrul Plaq no later than 120 days before the due dat€ of the Amual Plan. Owner's delay in providing such data shall extend the due darc for the Annual Plan by a conesponding amount of time. 13 Aooroval of Annual Plan. Owner shall pfifi1 Manager within thirty (30) days of its roceipt of the proposed Annual Plan if Owner has any objections to the Annual Plan Othe,rsrise, the Arnual Plan shall be deemed approved. If the Annual Plan is disapproved by Oqmer, Manager and Owner shall eirter into discussions in an attempt to detemnine mutually satisfactory budgets and programs. Until the Annual Plan is approved or deemed ap,proved by Ovr'ner, the parties agree that Manager shall operate the TEE Center in accordance with the last previously approved or deemod approved Annual Plan Manago shall operate the TEE Ce,nter in substantial accordance with the Annual Plan; provided, however, Owner acknowledges and agrees with Manager that duriag the first three Fiscal Years of the Operating Term - whe,n Net Operating Reve,nues will be especiatly difficult to predict - the Annual Plan will be only a plenning tool. Furthermor€, expenses related to the TEE Ce,lrter vary in proportion to business volumg mnking budgeting imprecise md unpredio'table. Dtning the initial three Fiscal Years, Owner authorizes Manager to deviate from the Operating Expenses or Capital Expenses as set forth io the Annual Plaa following notice to Oumer and without any prior approval of Owner if, in the reasonable jrdgment of Manager, such deviation is necessary to achieve Owner's objectives to operate TEE Center in accordance with the Stands{ but only if such change does not result in the expe,nditure of funds in excess of: (i) fifteeo percent (l5o/o) of the budgeted amormt of Operating Expenses or Capital Expe,nses, as the case may be in the Annual Plan and (ii) ninety-five perceot (95o/o) of the arnount then held in the Capital Accormt or the Operating Account as the case maybe. 7.4 Amendmenb of Annual Plan. Manager may notiff Oqmer of a proposed change to the Anrual Plan, provided however that modifications shall not be prcposed more frequenfly than quarterly, excqlt in the eve,lrt of a cansfophic circumstance or evslt. Owner shall notifr Manager within thirty (30) days of its receipt of the requested modification of any objections !o the modified futnual Plan. Otheru,ise, the modified Annuat Plao shall be deemed approved. Owner agrees to consider, in its reasonable judgment, modification of the Annual Plan to enable the TEE Ce,nter to be operated in accordance with the Standard. 15 Oblisetion to Prcvide Fundinq to Ooerete and Meintein the TEE Center to the Standerd. Notwithstanding anything in this Agree,melrt to the contrary, Owner agrees to provide ftading to Manager, whether througb approval and firnding of the Annual Plan or through approval and funding of ame,ndmeirts to the Annual Plan, in an arnount suffici€rf to operate and maintais (whether such mainteirance be categorized as Capital Expe,nses or Operating Expenses) the TEE Center and the Confereoce Ce,lrter Aanex to the Stadard throughout the Operating Term of this Agreement. In the went Owner fails to providing funding as required in this Section, lvlanager's sole rernedy shall be to terminate this Agreement and the Catering Agreernent whe,reupon Manager shall have the rights and obligations set forth in 16 TEE Ccater Managlomt Agrecmcrt Exccutio Copy 002t2942-t5 Section 4.2 of this Agree,ment. After such termioation, neither Manager, Caterer nor Owner shall havc any finther obligEtions to the others under this Agree,ment or the Catering Agreemen! except those obligations that expressly survive termination of this Agreement or the Catering Agree,me,nt 7.6 Books rnd Records. Manager shall establish and maintain for the benefit of Owner complete, current, and accurate records and books of accormt reflecting all transactions of the TEE Center and of Manager with respect to the TEE Center that are separate from Manager's Other Businesses. Manager shall make zuch books and records available during normal business hours and at all other reasonable hours at the TEE Center for inspcction, copyln& and audit upon reasonable notice by Owner and ib ag€nts. 7.7 FlnrnclelStrtcmenb. (a) Aonual Statements. Manager shall prepare and deliver to Owner by the 90th day after the e,nd of each Fiscal Year the following financial statements and reports (the "Financial Stetements') nsing GAAP, which are in reasonable detail covering TEE Center operations for zuch previous Fiscal Year: (i) balance sheet as of the last day of zuch Fiscal Year, which shall reflect the balances of the Operating Account and Capital Account as of the last day of such Fiscal Year, (ii) csh flow state,meot and (ul) profit aod loss statemenL The profit and loss statement will include a comparison of the budgeted and actual rcvenues and expe,nses as well as a oomparison !o the prior Fiscal Year. (b) Ouarter{y Statements. On or before 30 days after the e,nd of each calendar quarter, Muager shall prepare and deliver to Owner a statement showing Operating Rer/€,!ue and Operating Expenses for the previous calendar quarter and State,ment of Capital Expendinres. 7.8 Annual Audit On or prior to 120 days after the end of eactr Fiscal Year, Manager sball providg at Owner's cost and expense, a frnancial audit \ilith respect to TEE Center operations to be made by an independent c€rtifid accounting firm selected by Manager and designated in the Annual Plan. 7.9 Survivel Followlng End of Term- Manager's obligations turder this Article shall continue as to all Fiscal Years occurring within the Operating Term notrrithstanding that such performance may be due following the end of such term. 7.10 Extension of Certain Oblieations to Subcontmctors. Manage'r shall require all subcontractors that receive $50,000.00 or more in aonual paynmts for performing sei:vices under this Agreement (*Major Subconfiactors") to comply with Sections 4.1, 4.2 5.1,5.2,5.3, 5.7,7.6,7.7,7.8,9.1, 9.3(a), 9.6, and 9.7O) of this Ageeine,nt by including said require,ments in a written agreeine,lrt between Manager and such Major Subcontractors. Manager shall cooperate fully and will oause all Major Subcontractors (inoluding those entering into lump zum zubcontracts) to cooperate fully in furnishing or in making available to Owner from time to time whe,lrever requeste( in an expeditious manner, any and all such information, materials and data For purposes of this sectioq the temr "subcontactors" shall not include suppliers of utilities, l7 TEE Ccnter Managemcnt Agrcemcnl E:rcutio Cqy 002t2942-ts food, beverages, supplies, €quipmenq ad other goods, and those prcviding services ancillarythereto, and shall not include srypliers of te,mporaf staffrng. ARTICI,E VIII ASSIGNMENT t l Assfumment bv Meneeer. (a) Manager shall havc the right without the prior wriuen consent of Oqmer(but only upon not l$t tT fue (S).business days' prior oo:tirc to Owner), to assign thisAgree'ment or any duties arising hereuder to any .ntity conholled by, or under common oontolwitq Mamger, provided that (i) such case such transferee shall have, in the reasonable jgdgrnentof Owner, expertise, personnel and other resouroes sufficieot to discharge its duties heneund€r noless favorably than Manqger has perform{ tr" same, (ii) the assignee or tansferee agreesdirectly with owner to be bound by atl of lvlanaga's oUiigations undeithir egr-"*,.ot, and (iii)Owner shall have received an Approving Tax Opinion (b) Lr the went Manager, including for this purpose any affiliate thereof, sellsthe Hotels to a third party, Owner shall elect one of tf,e following: 1i) allow eansferce to assumethis Agreerrent and release Manager from its obligations *io'tni. Agreerrent but only ifOwner shall have received an Approving Tax Opirioq (ii) allow uanaier to terminate thisAgreement, without p€nalty, or (iir) notiff Manager that Owner does not approve of thetransf€ree as Manager and terminate the Agreemeot. 8.2 Asslenment bJ Om.t. Owner's obligations under this Agreeme,nt shall not beassignd and any purported assignmeot shall be void without the prio-r uritte,n conseirt ofManager, which conse,nt shall not be rmreasonably witbheld. ARTICLE D( INST}RANCE The parties shall either self-insure or self-fuad or provide insurance equal or greater thefoflowing insurance requirements : 9.1 Generat.,L.hhiltty Insurance. Owner and Manager shall each carrycompreheosive general liability insurance, inUuaing conEastual liabi1[r, personal and bodil, TJury, and property damage insuance, with respect-to each parties' op"*tio* and activities atthe TEE Center, with a combined single limil oi at least $g,000,000 ier occrroence. Managerand Caterer shall be named as an additional insured under such'insurance provided by Owierand owner shall provide Man4ger and Caterer with a certificate of insurance evidearcing suchcoverage. Owner shall be named as an additional insued under such insurance proviJeA UyManager and Manager shall p,rovide owner with a certificate of insurance evidencing sucircovel?ge. Manager's insurarlce shall be endorsed to provide that the insurance shall be pri.*y l8 TEE Ccnta Ma.grmcot esccmeat Excotim Copy @?s2912-15 to and noncontributory to any similar insurance canied by Owner. Owner's insurance shall be excess to the primary insurance to the extent the primry insurance is valid and collectible. Both parties' insrnance shall contain a severability of interest clause. 9.2 Prooertv Insunnce. Owner shall procure and keep in effect during the Operating Term fire and extended @verage for the TEE Center and all peisonal property in the TEE Center, including rent loss or business intemrption covemge for periods of no less than twelve (12) months, wriffen on an All-Risk Endqsemeot and Replace,me,nt Cost basis, with the replaceine,nt cost value reasonably acceptable to Manager. Such policy shall name Owner and Manager as loss paye, mortgagee, end additional insureds, as their interest may appear. Owner shall prrovide Manager with a certificate of instrance evidencing zuch coverage no later than thirty days prior to 6e comm€ncement of the Operating Term. 93 Ooeretional Incurmce. Manago shall procure and maintain the following insurance: (a) Workers' Compensation and employer's liability insurance as may be required under applicable laws covering all TEE Ce,nter Employees, inchrding Shard Employees, frft zuch deductlble limits as d*e,rrrined by Maoager; O) Such other insurance and/or additional coverage in amounts as Manager in its reasonable judgment deems advisable for its protection against claims, liabitities and losses arising out of or connected with its performance under this Agreernent; and (c) If requested by Owner in uriting, a fidelity bond for Manager's employecs protecting agains theft of Ormer's fimds. 9.4 Cost end Expense. Except with respect to insurance preaniums that are paid by Owner other than with furds held in the Operating Accoun! insurance pre,lniums and any costs or expenses with reqpect to the insurance describd in this Article shall be an Operating Expense of the TEE Center. Any resewes, losses, costs, damages or expenses which are unins:re4 or fall within doductible limits or self-insured retentions, shall be teated as a cost of insurance and shall be an Operating Expe,nse. 95 Coverege. All insurance described in this Article may be obtained by endorsement or equivalent means under Manager's or Owner's blanket insurance policies, provided that such blanket policies substaotially fulfill the requirements specified herein. 9.6 Policies end Endorsements. (a) Whete permitte4 all insrance provided under this Article shall be carried in the name of the parly procrdng the insurance, with additional insureds being the other party to this Agreemeirt. The parly pmcuring such insurance shall deliver to the other party certificates of insurance with respect to all policies so proored, including existing, additional and renewal TEE Ccatcr Maagmt egrc@cat Ex€cutin Copy 00282942-15 19 policies 8n4 in the case of insurance about to expire, shall deliver certificates of insurance withrespect to fte renewal policies not less than ten (10) dap pnor to the respective dates ofexpiratiou (b) All policies of insurance provided under this Article shall, to the extentobtainable without additional prenoiurn, nave *ta'cled th€reto an endorse,me,nt that such poliryshall not be canceled or materially changed without at teast thirty (30) aap prior notice toOwner, Manag6, any other fee or leasehold owner of any portion of tne rgE cent€,r, and anyholderofind€btedness secured by the TEE Center. (c) pumS.and Manager agree that with respect to any loss or claim which iscovened by insnranoe then being carried or r"q"irua to be canied by the,rr under this Agreemen!9t p"ty suffering such loss or claim and carr5dng or required to carry such insurance releasesthe other of and from_any and all staims, defense is1g and expenses with respect to such loss orclaim' omer and Man4ger filther agree that each of their ilsurance policies shall provide foran apprcpriate waiver of subrogation and recovery reflecting this release. 9.7 Indemnification. (a) Indmnificatioa Subject to the waiver of subrogation and recoveryprovisions in this Agpement each party shall indemni& and hold harml"Jr m other party, itssubsidiarieq its affi'liates. T9 th"it respoctive officers, -directon, ageots, and errployees, -frorn and agaiost any and all claims, liabilitie-s, losses, aanager to persons or prop€rty, costs, andexp€nses of any kind or character, including without timitation reimbgrsenn*t of court costs,reasonable afforneys' fees, interest, fees, and penalties, to the extent zuch liabilities are finalfidet€rmind by a court of competent juisdiction to have beco the result of the acts, omissions,negligeoce' or misconduc{ of such inde,mnifuing party or its errployees, @ntractors, agents,lessees, or invitees, io 9" usg oper,atioq or mainienance of the TEE Center. This section shallsurvive t€rroination of this Agree,me,lrt. O) Defeirse Costs. Subject to the waiver of subrogation and recoveryprovisions in this Agreemelr! all costs and expe,nses, including without t-it tio, reasonableattomeys' fees, of any lggal proceeding that is instituted against the TEE Center, Manager, or loth related to the operatioq managemeirf or mainteirance oltn. TEE Center, inJuding withoutlimitatiol any e,mploprent-related clain," of any nafire, shall be charged ^ Cipoutiog E*p-roor paid directly by Owner; prcvide{ however, -that ttaouger shall reimbgrse Owner on de,mandto the extent the fraud or gross negligence of the Manager;s corporate office senior managementpersonnel in the managem€nq operation, ormaintenance of the TEE Center is established in zuchproceeding. Owner specificatly acknowledges and agrees that any party's merc allegation orglaim 9f a negtigent or intentional acr by yhrgo *-*v officer, "dfu;;;;L or e,mployeethereof does not Eigger any obligation of Manager *ao this Section ana-ttag pending thedet€rmination of any question as to whettrer tvtanaler or ary of its officers, directors, agents, oreuployees are entitld to indemnification under tnis Section, Manager shall be entitled ti "n*g" TEE^Cc[cr L{angrorat Agrccoat Exccrtio Copyw2829,,,2-t5 as Operating Expenses and pay from Operating Account all expenses of defeirding or othe,l:urise handling any claim or litigUion rurder this Agreement. (c) Crood-faith Juduent Notwithsanding any other provision of this Agreernenl Owner shall not make any claim agsinst Manager based on any alleged error of judgme,nt if zuch judgment was made by Manager in good faith or based on any action taken by Manager at the express direction of Oqmer. (d) Survival. This Section shall survive Termination. "r*ffi'ff&ilrroNs10.1 Actions of a Partv. Except for any ame,ndment of this Agreeme,lrt or approval of I funual Plan plrsuant to Article VII hereof, each of the Oumer and the Manager shall designate an individual in the Annual Plaa to sewe as the authorized designee of a partn with respect to all other matters hereunder, who is authorized to take any other actions forthat party, as may be required from trme to time hereuder; Fovideq however, that a party may change im designee at any time by a written notice to the other party. Unless the authorization conferred by a designation is expressly limited by its tems, strch authorization may be presumed to authorizl designee to act in behalf of a party for all other purposes of this Agree,meirt. 10.2 Inpoegtion.of TEE Center. Ovmer and its agents, ernployees, and designees may go anyrrhere in the TEE Center upon reasonable advance unitten notice to the Manager for thl purposes of inspocting the TEE Ce,nter and inspecting the performance by Manager of the terms and conditions he,reof. Manager shall facilitate the access permificd under this Section upon request. 103 Amendments. The terms, @venants, conditions, and provisions of this Agree'me,nt may be modified or added to only in a writing signed by the parties hereto provided, in additioq thene shall have been delivered to owner an Ap,prcving Tax opinion. 10.4 Time of the Essence. Time is of the essqrce. 10.5 Nofices. All notices hereunder or required by law shall be sent (a) via US Mail, postage p,repai( c€rtified or registered mail, retum receipt requested; or (b) via any nationally reco8nized commercial overnight carrier with provisions for a receip! in either case addressed to the parties hereto at their respective addresses or numbers sa forth below or as they will have theretofore specified by notice delivered in accordancc herewith: In case of the City to: Augusta-Richmond Corurty City County Municipal Building 530 Greene Steet TEE Ccar fv{aoagcmcat furccmat Exontio Copy w28294.2-15 With a cooy to: Augusta-Ri chmond County Legal Departuent 530 Greene Street 2l Angrista, Georgia 30901 AtUu City Administrator In &e case of Manaser to: Augusta Convention Center Manage,ment, LLC Oae lun* Sheet, Riverfront Ce,nter Suite 340 Augustq Georgia 30901 Ath: Mr. Paul S. Simon Augustq Georgia 30901 Attn: General Counsel With a coov to: Hull Banett, PC 801 Broad Steet" 7th Floor Augustq Georgia 30901 Ath: Rand Hanna 10.6 Entire.A.reement. This Agreemeot is the e,ntire agree,ment betweeir the partieswith respect to the zubject matter hereof and no alteration, modification or interpretation hereof shall be binding unless in utriting and signed by the parties hereto. In the eveirt of a conflict between any provision in this Agreeme,nt and in the TEE Centen REA., this Agreement shall contol. . 10.7 Sever,abfll8. I{-y provision of this Agreement or its application to any pary or sircumstanc€s will be det€rmind by any court of competeot jurisdiction to be invatid and unenforceable to any exten! the remainder of this Agreeurelrt or the application of suchprovision to zuch person or circumstances, other th"n those as to which it-is so determinedinvalid or rmenforceable, will not be affected thereby, and each provision hereof will be valid and will be mforced to the fullest exteot permitted by law. 10.8 Comoutedon of Time. The time in which any act under this Agree,ment is to be done shall be computed by exc.luding the first day and including the last aay. tf *re last day of {Y time p€riod stated herein shall fall on a Saturday, Sunday oi legal holiday, then the durationof such time penod shall be extended so that it shatl end on the nexi succeeding day which is not a Saturday, Sunday or legal holiday. Unless preceded by the word "business;, the word ..day'' shall mean a cale,ndar day. The phrase "business day'or "business days" sball mean those days 9n yhich ttre Superior C.ourt of Augusta-Richmond County, Georgia is located is open for business. f0'9 Aooliceble Law. This Agreeine,nt shall be constrred and enforced in accordancewith the laws of the State of Georgia 10.f0 Weiver. The failure of either party to insist upon a strict performance of any ofthe terms or provisions of this Agreeme,nt or to exercise any option, right or remedy trgrein containcd, shall not be constued as a waiver or as a relinquishmelrt for tne nrtue of such term,provision, option, right or rerredy, but the same shall continue and re,main in full force andeffect. No waiver by either party of any term or provision hereof shall be dee,med to have bee,nmade unless expressed in writing and signed by such party and an Approving T67( Opinion shall have bee,n delivered to Owner. TEE Ceatcr Managcffnt Agrc.rmt Erccrnio C,apy 0928294,2-t5 10.11 Force Maleurc. At Manager's optiono lvlanager's e under this Agree,meot shall be zuspended to the extent Manager shall be delayed or hindered in or prwented fiom the performance of any act required by reason of strikes, lockouts, labor troubles, inability to procure materials, failure of power, restictive governme,ntal laws or regulations, riots, terrorism, insunectiono war or other reason of a like nature not the fault of Manager. 10.12 @[ggg. Headings of Articles and Sections are inserted only for convenie,nce and are in no way to be construed as a limitation oo the scope of the particular Articles or Sections to which theyrefer. 10.13 Third Pertv Beneficlariee. Except with respect to Caterer, this Agree,rnent shall not inure to the benefit of any third parties. 10.14 Plain Lansusse Chrlf,crffon of Certrh Asreements. For the avoidance of any doubt, ldanago's only compensation under this Agreeme,nt shall be the Management Fee r:nder Section 3.1, and Manager shall not'!nark-up" or add any profit, administrative charges, or overhead to any expenses charged to Owne,r uoder ttris Agreeinent. Costs and expenses to Op€rate the TEE C€nt€r charged to Ownerwill not srceed the actual out-of-pocket palments of Manager. Furttrermorg Oumer shall have the right to adit all bools and records of Manager as are necessary to determine ldanager's compliance with this Agreemen! including the previous seoteoce. IE)(ECUTTON ON FOLLOWTNG PAGEI TEE Ccnfcr Managcrrrcat Agrccurcat Exccrtio Copy 00282942-15 23 IN wrrNEss WHEREoF, the parties hereto have executed this Agreement under sealon the day and year first above writt€o. Signe4 sealed and deliverod in the presence of Augustq Georgia ,i"{ry,u,, ' rt . ,. .(.;, " i:' ',1.t 't.' ,:).r 1r-., i:t'' .! ' . ',. li' :,, ( I i t .l ,i:' $ 6 ,t I Unofficfal Witn*s TEE^Cearr Mamgmcat Agccmd Executim Copy0023294:2-15 prcsenco of: :zw- Unofficial'Witrress Sigreq sealed and delivood in the (Notary Seal) TEE Catrf MasgEmcot Agrccocot ercario Copy 0n28294:2-t5 AuguSa Convention Center Manage,lnen! (Seal) UyConmtslonBph.i oc.t6,20tt 25 TEE CENTER CATERING AGREEMENT TTIIS TEE-CEIUIE^&CATERING AGREEMENT ("Agreemenf) is made effeotive the,'t^ day of ffi:n ioiz, uv *,a among auausre coNvENTIoN CENTER MANAGEMENT, LI,f,,, a Georgia limitd tiability compaoy ('Menegerr'), AUGUSTA RIVERFRONT, LLc, a Georgia limitd liability company (.caterer"), asd AUGUSTA, GEORGLA(Ihe "Ownet'). RECTTALS A. Manager operates the Augusta Trade Exhibit, and Eveirt Center located at the northwest€rn intersection of Repolds Street and James Brown Boulward in Augusta, Georgq together with fee simple and/ot leasehold title to the land upon which such building is locatd and the fumiture' fi:rfiues, equipment, and supplies located therein (the "TEE Centei), p,**oi to that c€rtain TEE Center Manage,me,nt Agreme,nt (the *lVlanagement Agreement')-of even date by and betweeir Owner and Manager. B. Catere,r s€ryes as Manager-Operator of an adjacent facility known as the Expanded Conference Center (the'Conference Center') pursuant to that certain Amended and Restatd Consbructiorl Operating and Reciprocal Eascment Agree,ment dated as of June 2l,lggg by and between Caterer and City, C. The Conference Center includes, among other things, kitchen and food preparation facilities that are curren0y being used for food preparation services to wents at the Confere,nce Ceoter. D. Owner is the oumer of record of the Conference Center and is to be ihe owner of record of the TEE Center. E. In order to limit the capital cost of the TEE Center, Owner has determined to cause the TEE Center to be constnrcted aod equipped without its own dedicated kitchen facilitics, but instead to contract for the related catering senrices from others. F. Iaasmuch as Caterer manages the Confere,uce Ceirter as well as two hotels, the Augusta Maniott and the Augusta Marriott Suites (the "Eotcls') which are located adjacent to the Conference Center, Caterer possesses unique experiearce, skill and resources, whichare vital to the cost-effestive delivery of concession and catering serrrices in the locale of the TEE Center. G. To that end Manager desires to contact with Caterer to perform food and beveragepreparation and delivery services for the TEE Ceoter. NOW, THEREFORE, in consideration of the premises and the mutual covqunts coutaiued hereirU the parties hereto agroe as follows: TEE Ccntrr Cstabg furmat Ercrrim Copy 00282943-15 ,ffi3i, 1.1 Defined Terms. All capital terms herein and not otherwise defined shall have the meaning'as defined in the Management Agreement. In addition to the t€rms defineil elsewhere in this Agreeme,nt, he following terms shall bave the meanings assigned to them hereiq rmless the context othenrise indicates: "Approv.ing Tex Oplnion" shall mean the opinion of tax cormsel experienced h ftderal income tax matters related to s0ate and local bonds, within the meaning of Section 103 of the Internal Revenue C,ode of 1986, as amended (the "Code'), and qnalified bonds, within the meaning of Section 141 of the Code, to the efect that a pmposed action" waiver or ame,lrdme,nt will not, wi&out more, inpair any exclusion of the interest on any outstanding issues of obligafions that were issued to finance the TEE Center, or result in the disallowance of any credit against fed€rat inmme tax or payable to the issuer of such obligations by the U.S. Treasury Departue,at *Capitd Expense" shall meao any expenditure totating at least $5,000 for the acquisition, consEuction, reconstuctioq repair or replace,ment of a single ite,m or project that (i) is, or becomes part of the Confere, rce Celrter Annex or the Kitohear Equipment and (2) is required or.allowed to be capitalized uoder the accormting guidelines of Augusta, Georgia and GAAP. The,re shall be no "mark-up" or any profit or administative charge added to any Capital Expe,nse. "Ceterer Employee" shall have the meaning ascribed thereto by Section 5.3(a) hereof. "Catcring Fee" shall have the meaning set forth in Section 3.1. "Catering Reyenues" shall mean the gross lev€nues of Caterer and/or any affiliate from Catering Services. The time and arnount of Catering Reveoues shall be determined using GAAP. 'Cefering Seryices" shall mean the business of selLing food, food products, candy, non- alcoholic and alcoholic beverages, in the concession, catering restaurant (ifapplicabte) and all ether areas of the TEE Celrter. "Catering Supplies" shall mean the plates, bowls, cups, chin4 glassware, flatware, line,lrs, if any, utensils, and similar ite,ms which are owned by Owner and used by Caterer to serve meals in the TEE Center. "Conference Center" shall mean the Expanded Conference Center, as defined in the CORE Ageome,lrt. *Conference Center Annex" shall mean that kitchen constnrcted and equip,ped by Orrner in conneotiou with the construction of the TEE Center. The Conference Center Annex is not part of the TEE Ce,lrter but has bee,n added to the Confere,nce Ce,lrter Pursuant to that Amendment to Irases and Constnrction" Operating and Reciprocal Ease'ment Agreement executed otr or about tre date of this Agreement by and among Owner, The Downtown Development Authority of the Cit5l of Augusta Georgia, and Caterer. The Conference Center TEE Catcr Cat6bg Agrocmcot Erccutio Copy 2 00282943-15 Annex is to be used to provide food and catering senrices to the Conference Centa and to the TEE Center. *CORE Agreemenf' shall mean that Amended and Restated Constnrction, Operating and Reciprocal Easement Agrcement datcd June l, t999, and recorded in the Office of the Cle*of Superior Court of Richmond Couoty, Georgia at Realty Ree[ 648, page 45, and all amendments thereto, including an arne,ndment on or about the date of this Agreement whereby the conference cente,r is expaoded to include conference center Annex. *CVB" shall mean the Aqusta Convention and Visitors Bureau "Efrective Date" shall mean the date on which constnrction of the TEE Center has beencompletd a certificate of occupancy for the TEE Center has been issud and the TEE Celrter has bee,n fully fumished and deliver,ed to Manager for operation. "Fiscel Year" shall mean the twelve (12) month period ending December 3l of eachyear during the Operating Term of this Agreement. The fimt Fiscal Year shall be the period comm€ncing on the Effective Date and ending on December 31 of the same year. e partiat Fiscal Year after the end of the last full Fiscat Year and ending with the expiratioa or earlier termination of the Operating Term shall constitute a Fiscal year. "GAAP" shall mean Generally Accepted Acounting Principles based on the accrual method of accounting as fillherimple,rnentedbythe accormting guidelines of Owner. "Eotels" shall have the meaning set forth in the recitals hereto. "Kftchen Equipmenf'-shall mean the stoves, ovens, warming ove,rrc, refrigerators, freezers, firyers, mixers, aprpliances, serving carts and hayr, and other furniture, fixtures, arid equipment purchased by Owner and installed or placed in the Confere,nce Center Annex, but excluding Cate,ring Sup,plies. "Muagement Agreemenf' shall mean that certain TEE Center Maaagement Agreement described in Recital A hereto. "opereting Term" shall have the meaning set forth in section 2.3. 'standard" shall have the meaning established in the Manage,rnent Agreement "TEE Centet'' shall have the meaning set forth in the recitals hereto. '"TEE Center REA' shall mean the TEE Ce,nter Reciprocal Easement Agree,ment betrreen Augusta Riverfron! LLC and the City of August4 Guorgq executed in connection withthis Agree,ment aod which provides necessary ease,ments with respect to the TEE Center, the Conference C€nter, and the Hotels. TEE Calrr Cdrring Agrccocat Exocrrim Cryy 00282943-rs ApporNrMENr or cffiHgldf;oo*o Ar{D DUTTES; AND OPERATINGTERM 2.L Anooinhgnt of Ceterer: Powers rnd Duties Generallv. Manager hereby Apoints and engages Cat€rer during the Ope,rating Term, and Caterer h*6y "...pt"appointnent on the terms and oonditions hereinafter provided as agent to provide Catering Sendces to the TEE Ceirter, including to deliver such services throughout the TEE Center at th; directioo of Manager. Caterer covenants and agrees to provide the full range of Catering Sernices, except as otherwise direstd by Manager, at all TEE Center events, in such a *rnnet and with such number of personnel as are necessar'y to provide adequate Cataing Senrices to pahons of the TEE Center consistent with the Standard- Manager agrees that it wil[not, without the prior written consqtt of Caterer, enter into any lease, lice,nse or other agree,me,nt granting to any party other than Caterer or.a sub-contractor mutually agreed by Cate,rer and Manager, tle right to perform any Catering Senrices at the TEE Ce,nter. Catering Sernices shall be under the exclusive supeniision and conhol of Caterer subject to the te,l:ns of this Agreeme,lrt. Except as specifically he,reinafter set forth to the conEary, Cafcrer shall bave discretion and mntolifree from interference, inteinrptiotr or disturbance, in all matters relating to the management and providing of the Catering Sendces, including, without limitatioq cna.gep for food ard b"r.""g" se,lvi@s, errploymeart policies relatirg to Caterer Employees, receip! holding and disbursemeot of funds, maintenance of bank accounts, pro@re,ment of supplies and services, an{ in general, all activities necessary for providing Catering Sernices. 22 Relafionshio of Par{fes. Neither this Agreement nor any agree,ments, instuments, documeots or tansactions contemplated hereby shall in ary respect be interpreted, deemed or constnred as making Caterer a partner or joint venturer with Manager or Owner or as creating any similar relationship or entity, and Owner and Manager agre-th* they will not make any conEary aqsertioq contention, claim or couoterclaim in any action, suit or other legal proceeding. 23 Operetins Term" Subject to Article fV, the term of this Agreemert (the "Opereting f,erm") shall be for a period commencing on the Effective Dale and terminating on the second (2*) year anniversary of the Effective Date, provided however, that Ovmer shall have the right to terminate this agreement without cost and without penalty on the first ann.iversary of the Effective Date, Notwithstanding the foregoing this Agreerrent shall be binding on the date it is signod by Owner and Managa and provisions of this Agreerrent shall survive the Operating Term to the extent specifically set forth in this Agree,ment. 2.4 Option to Extend Operafins Term. This Agreement shall automatically re,new for successive periods of two years, unless either party gives the other parly sixty (60) days advanoe writte,n notice of its election to terminate this Agreeine,lrt. In the event of an automatic renewal, then in zuch evat Owuer shall fosy6 the right to terminate this agree,me,nt without cost and without p€nalty on the first anniversary of each renewal of the Agreeme,nt. 25 Pavment bv Caterer uoon Terminefion. In the event that Caterer elects to te,rrrinate the Agreeramt within 15 years from the Effective Date of this Agreemeng pursuant to Section 2.4, erther at the end of the primry tsrm or prior to any automatic renewal, then in such TEE CcalcrC.taiog furccmtat Excorlioo Cry 00282943-15 event, Caterer will py to Owner the depreciated value of the Kitchen Equipment, based on the cost thereof and a fifteen year (15) straight line depreciation schedgle, less the value of the realproperly int€nests conveyed to Owuer by Caterer or its affliates for the constnrction of the TEE Center and the Reynolds Sheet Parking Deck, such real Eop€rty interests to be valued as the date of fre conveyance to Owner by an MAI appraiser leasonably acceptable to Owner and Caterer. ARTICT-E Itr CATERING FEE 3.1 Caterinq Fee. During the term of the Agreement and any renewal, unless otheruvise agreed to by the parties, Caterer shall pay to Manager, for disbursement in accordancewilh the Managernent Agreernen! apercentage of the Catering Rwenues based on the following schedule (the "Catering tr'ee"): (a) For Catering Rwenues between $0.00 and $400,000.00, no fee will bepaid. O) For Catering Reve,nues betrreen $400,001.@ and $500,000.00, Catererwill pay to Manage,r, forthe accouut of Oumer, Five perceot (5%) of such Catering Revenues. (c) For Cataing Revenues between $500,001.00 and $750,000.00, Catererwill pay to Manager, for the accor:nt of Owner, Te,n percent (lO%) of such Catering Revenues. (d) For Catering Reve,nues geater than $750,001.00, Caterer will pay toManager, for the account of Owuer, Twelve and one half percent (IZ.SW of such Cit#ng Reve,nuos. 3.2 Pavmgni.of Caterins Fee. Caterer shall pay to Manager the Catering Fee as set forth in Section 6.1 ofthis Agreement. 33 Survival. The provisions of this Article shall sr:rvive termination of this Agreement ,ffiril" 4.1 Terqination. Should either partymatoially fail to comply with anyof the termsof this Agreement, the. noo-defaulting pafty may cancel this Agreement upon ninity (90) days'written notice to the other party of the alleged breach and failrnJby such other partyto cure srchbreaoh within zuch thirty (30) day period provided, howwer, that in the event the default is notcr:rable withitr zuch ninety (90) day perio4 but the defaulting party has comrnenced efforts tocure the default within the ninety (90) day period, the fime to cure the default shall be extendedfor a reasonable period'of time in order to allow such sure. In the event the party alleged to be inmaterial default of this Agrcement disputes the existeiroe of such niat*ia aEAUt, tlisAgree'ment shall continue in full force until a court of competeirt jurisdiction finds such parfy tobe in material default, after writen notice and expiratioo of the applicable cure period,-and a11time paiods for appeal of such fioding have expired. TEE Ccatcr Catcriog furceocnt kccrfion Copy 5 002E2943-15 Agreernent. shall continue. 4A RIqh6 md Oblisations Fo[owine Te(mhotipn. In addition to the rights and re,medies otherwise " the following provisions will uppi, foffo*iog termination pgsuant [o tnit Article or the expiratiou of the Operating Term' (a) cat€rer shall surreirder and deliver to Manager or -owner, if the ldanagernent Agreeineirt shall also have terminated, peacetrtly and promptly the Catering-S"ppfi*, t",5 ti the TEE Ce,nter, and atl other pertinent and necessary docume'lrts and records ;;;iri;g tothc Catering Seryices and the TEE Ceoter and the operation thereof' O) Catefer shall do all acts and execute and deliver all docume,lrts reasonably requested bV Maruger aod otherwise reasooably cooBerato with Manager *1 *y successor caterer to insne or facilitate orderly continuadon oi C*ering Sei:nices to the TEE Center' Managershall take such actions at Owner's cost (o) In the went Caterer, or its designee, continues as the operator of the Conference Center after the termination or expiration of the Operating Term of this Agreeme'lrt iut.,o ,uy, but shall be under no obligation to,,cause th9 Conference Ce'lrter Annex to be ;6.rdt separ"ta from the TEE Center, in accordance with plans attached l9.the TEE Ce'nter ijA,-ttth" i*t"ll"tioo of a wall and dooi that both parties can s@ure to prohi-bit access without conseot of the r*,"i"g p.rty. Prior to such separation, the parties shall negotiate in good faith a modification to the cbRE Agreerne,lrt to provide for a riglt of ingress and egress for cater€r betneen the TEE Celrter and the Confere'nce Annex' (d) caterer shall pay to owner the payue,lrt provided in Section 2.5 of this (e) The riglts and liabilities of the parties having accrued prior to terrrination (D All provisions hereof identified herein as srviving termination of this Agree,ment shall sun'ive. ARTICLE V SERVICES OF CATERER 5.1 Catererts General Covenents. (a) C*erer shall use cornmercially reasonable efforts to provide Catering Services in apcordance with induslry standards for first-class trade, exhibit' and event ce'lrters of similar size and quahty as the TEE Ceoter' (b) C*q$ acknowlodges that a *ofliq of interest could arise between the interests of Caterer io-pto"iai"g ser,,ice'to the Hotels, the Conference Ceirter and any other business conduc'ted Uy C"too (except the se,r:rices contemplated to- b"-lfPtted by this Agreernent) ('Catererls Other Businesses') aod ProldinF se'ryices to the TEE Center' Caterer covenants to use its best efforts to cause tn"'C*uriog serviLs to be provided in an efficient and commercialty reasofile manner, withJregard tJcaterer's other B,sinesses. caterer shall never reduce or discount fees or rates for C"toi"g Sernices beyond normal and oustomary TEE CauCattring Agrccrnart Brecrrtioo Cqy 002t293-r5 business practices in consideration for the use, or promise to use, goods or services of Caterer's Other Businesses. 52 Policles end Prrctices. Caterer shall adopt and imple,melrt administnative, budgeting mark*ing personnel, and ope,ratioual policies and praoticc consistent with industry standards for caterers serving tade, exhibit, and welrt ceirters of similar size and qualfy. 53 Personnel. (a) Emploranent. Subject to satisfrction of any other applicable terms of this Agreemeot Caterer shall select employ, promote, temainate whe,re appropriate, supfidse, direct, tain" and assign the duties of all personnel ("Caterer Employees") which Caterq reasonably determines to be necessary or appropriate for the delivery of Catering Senrices. Manager may at any time consult or communicate with Caterer regarding any of the Caterer Employees. O) Selection- Catqer agrees to use reasonable and prudent judgmeirt in the selection, supervision, promotion and termination of Cater€r Fmployees and to stive to e,mploy pemons who are courteous and efficienq and who will not use improper language or ast in a ioudor boisterou manner while discharging duties at the Conference Ce,nter Annex or the TEE Ce,lrter. Caterer agrees tltat it will not dissriminate against any e,nrployee or applicant for emplolment for work under this Agreement because of race, religion, color, sex, disability, national origq ancestry, physical handicap, or age. ' (c) APpearance. Caterer shall ensure that its non-manage,ment e,rrployees perforning the duties at the TEE Center shall be neatly attired in clean, commereially attactive uniforms. Caterer shall tain all such employees so that they are &ware of the higb standads for cleanliness, murtesy aod se,lvice requirod. (d) Salary- Costs for Caterer Employees. All salary costs of Caterer Employees shall be paid by Caterer, at ra es in keeping with the local catering industy. 5.4 Meintenence. Reoair. and Reolrcement of Conference Center Annex and Ifitchen Eouioment (a) Maintenance and Re?air blv Caterer. At Caterer's sole cost and experure, Caterq shall maintain the Conference Center Annex and the Kitche,n Equipme,nt to the Standard, includingrepairs and replacements thereto that do aot constitute Capital Eipenses. O) Rgpair and Replacement bI, Ovmer. During the Operating Teanr, at Owner's sole cost and expense, Owner shal make all repairs and replaceme,lrts to the Conference Center Annex and the Kitchen Equipment necessary to keep the sarne to the Standard, to the extent such repairs and replace,ments constitute Capital Expenses. However, Caterer shall be responsible for any oapital repairs or replacemerrts caused by its negligence or misuse of the Confereace C€oter Annex or the Kitchen Equipment. TEE Ccatlr C.ahring Agrccocot Exc.uio CAy 00.282943-ts 55 Cetertns Senices. (a) Generally. Caterer shall order, puchase, stoch pre[rare, pay for and sell quality foo4 bwerage aod ottler concession and catering products. Consumables shall be first ,irrfi it whoicsome and p,re, and all food and beverage merchandise on hand shall be stored and irr61a with due r"gurd for sanitation. Catercr shall pncpare product and keep an inventory on the pre,mises in sufficient amounts so as not to nrn out of product during an event at the TEE Cenier. Caterer shall have the riglt to use the Conference Ce,nter Amex and aoy other areas, whether within the Conference Center or the TEE Ce,lrter, that are permaneotly or temporarily gsed for preparation or delivery of Catering Services to the TEE Center. (b) Catering Srryplies. Owner has acquired aod owns the Catering Supplies. The Catering Suppties slatt incruaian adequate nrmrber place setrings to serve 1,800 patrons for use by C.1er; io ir*uiaiog Catering Services at the TEE Center. Place settings shall be complete placasettings and consist of At drina, glassnare and flatware necessary to serve a five (5) @urse inof in the accustomed mannerfor a first-class restaurant in August4 Georgia" Caterer mayuse the Catering Supplies in providing Catering Senices to the TEE Center. Caterer shall replace all Catoing Slryed; thst are bmken or lost by Catoer or its e,mployees or subcontractors. Caterer shall nolt oof or lend any Catering Supplies to any persotr or entity for use outside of the TEE Center. (c) Sanitation. Cater,er shall maintain the Conference Ceoter Annex in a sanitary, clean ana neai coodition. Caterer shall be responsible for cleaning areas within the TEE Ceirterafter use by Caterer for beverage and concession senice (i.e., bar areas in the pre- fimction .p.o *d any other walk up sei:vicc areas). Caterer shall deposit in receptacles all waste, gartage and refirse which sball accumulate in the Confereircc Ce,lrter Annex. Caterer shall provide or arr*g" for extermination services as may be necessary for the Confaence Centsr'e*"*. Cat€r€r shall comply with and obse,r:ve all federat, state and local laws, ordinances and regulations as to sanitation and the purity of food and bwerages or otherwise (d) Permits and Licenses. Caterer shall secure and maintain throughout the Operating Term atl liceoses and perrrits necessary for the operation of the Catoing Se,l:rrices, i"Aoai"iOose required for the sale of liquor, beer and wine at the TEE Center (unlesS sale of such aliholic products is p,rohibited at the TEE Center by the Owner, the applicable liquor control governme,ntal entity, or ary other party whose approval is required). -lvlanager, and if r*ro*bly required, Owner shall cooperate with Caterer in connection with filing applications for, and;*ft"g and maintaining in good standing any and all licenses and pennits and renewals thereof needed by Caterer to fulfill its obligations hereuoder. (e) Alcoholic Bweraees. Provided that the sale of alcoholic beverages is pemdtted at tnL-rne Ce"to, Catero tgre.s to strictly oomply with the laws of the State of Georgia regalding the sale of alcoholic beverages. (0 Ta:res. Catr:r;r shall collect and pay all ta:res imposed upon or assessed with respect to the sale of concession ite,ms hereunder, as required by Federal, State or local law. Caterer shall be responsible for and pay all social sectrity, une,mploynent insr.[ance, old age TEE Cra&r Cst€ring Agrctrncd Fxoctriou Copy N?A2943-15 reth€meot aod other fderal and state taxes that are measured by the wages, salaries, or other remunerationpald to pcrsoilt einployed by Caterer. 5.6 Lesal Services. Caterer is authorized to engage such legal couosel as Caterer deems reasonably necessary for the ordinary operational legal matters directly related to Caterer's services under this Agreemenl the reasonable costs and expenses of which shall bepaid by Caterer. 5,7 Comoliance with Government Rulee and Reeuhtions. Caterer shall provide Catering Seivices in cornpliance with ell applicable federal, state and local.laws and insure that no activity or condition occunl on or about the Confereirce Center Annex or in connestion with Catering Services that is in violation of any laws; provided, however, that Caterer shall have no liability, nor be subject to any allegation of default with respect to non-compliance by the Confere,nce Ccnter Annex with any applicable federal, state and local laws regarding the condition or use of the Conference Center Annex and the zurrounding property, inclutling without limitation" the Americans with Disabilities Ac( zoning regulations and hazudous wasti laws. 5.t Llmitadon Uoon Oblieadons. Caterer's obligations shall be exctsed to the exteirtperfonnance would be contrary to express wdtt€o instructions of Manager. 5.9 Adioinins Properties. This Agreement shall in no respect be ryplicable to any part of the Augusta-Rictrmood County area other than the. TEE Center and Conference Ceirter and shall in no we,nt authorize Caterer to provide the Catering Sendces on the steets or sidewalks adjacent to the TEE Center as it now exists or may be hereafter developed unless first approved in uniting by Manager and Owner. If, however, at the request of o'r with the approvalof Managa and Ornmer, C8t€rer shall fiunish aoy sendces which involve the use of the Conference Center Annex, Caterer agrees that the ftunishing of such services shall be dee,med to be the operation of the Cat€ring Senrices for the purpose of this Agree,me,nt and incltrdod in the Catering Revenues for the applicable p€riod ARTICT,E \II PAYMENT OF CATERING F'EE 6.1 Pavment of Caterine Fee. Caterer shallpay to Manager the Catering Fee with reqpect to each Fiscal Year no later than the thirtieth (306) day following the e,nd of zue,h FiscalYear. Manager shall hold and disburse the Catering Fee pursuant to the Management Agreement ARTICLE VII ACCOTINTING 7.1 Books and Records. Catercr shall establish and maintsin for the benefit of Manager and Owner complete, curren! and accurate records and books of account reflecting all transactions relating to Catering Revenues as necessary to demonstate compliance with this Agree'lnelrt. Cate,rer shall make such bools and records available drning normal brsiness hours TEECcau Cercring furcaacat Erocnrtim Copy g 00282943-t5 and at all other reasonable hours at the TEE Celrter for i$p€ction, coPyln& and audit upon reasonable notice by Manager, Owner and their respective agents. ARTICLE VIII ASSIGNMENT 8.1 Assimment bv Caterer. (a) This Agreement is not assignable by Caterer without the prior vnitte'n consent of Manager and Owner, except that Catercr shall have the right withor$ any prlor *rittro consent (but only upon not less-than five (5) business days' prior notice to Manager and Owner), to assigD ttris Agree,ment or atry duties arising hereuoder to any entity contolled by, or ,nder comrnon conrol with, Caterer, provided tbat in such case such fransferee shall have, in the reasonable judgment of Manago and Ovmer, expertise, personnel and other resources sufficient to aircharge iti aotio hereuade,r no less favorably thao Caterer has performed the same. Such assignmen:t shatl be effective only if the assignee or transferee agrees to be bound by all of Caterer's obligations under this Agreement. (b) In the went Manager, including for this pr:rpose any affiliate thereof, sells the Hotels to a ihird party (cTransferee'), Owner shall elect one of the following: (a) consent to the tansfer assr-ption of this Agreement by Transferee and release Caterer from its obligations rmder this Agreeme,rt subject to receipt by Owner of an Approving Tax Opinioq or (b) allow Caterer to terminate this Agree,me,nt without peoalty, or (iO noti$ Caterer that Owner does not approve ofthe tansfenee as Catersr and terminate this Agree'ment. 8.2 Assisrment bv Owner. Owner's obtigations under this Agreement shall not be assignable, and any purportea assigrrme,nt shall be void, without the prior written conse,lrt of Manager, which conse,lrt shall not be unreasonably withheld. 8J Termination of the Manasement A,srqement. In the evgnj the Manage,me,lrt Agree,ment i. tffior expires prior to the termination or expiration of the_Operating Term oiAn. Agree,men! the,n Ownershall cause all srbsequent maragers of the TEE Ce,uter duing the Operatinl Term of this Agree,me,lrt to assume and be borurd by this Agree'ment and this Abee,rrit sha[1 constitute a direct agreement among Caterer, Owner, and zuch replace'me'lrt maflag€rs. ffiifl*s The parties shall either self-insrne or self-firnd or provide instrance equal or greater to the following hsurance requirements. Solely for purposes of this Article Dq Manager and Caterer are finsidered one parly and are referenced collectively as "Mmager/Clterer-" 9.1 General Liabilitv Insurance. Orrner and Manager/Caterer shall each carry comprehenrir" g conFacfiral liability, personal and bodily injgry, and properry rlamage insurance, with respect to each partiesl oqeratio-ns-3nd activities at the TEE Center and the Conference Ce,nter Annex, with a combined single limit of at'least TEE Csfir Cstaing Agrccurot Exccrnioo Copy 0u282943-t5 10 $3,000,000 per occurrence. Manager/Caterer shall be named as an additional insured under zuch insurance providod by Owner and Owner shall provide Manager/Caterer with a crrtificate of insurance oridencing strch ooverage. Ourner shall be namod as an additional insured rmder such insuraae provided by Manager/Caterer and Manager/Caterer shall provide Ovmer with a certificate of insurance evidencing such coverage. Manager/Cate,rer's insurance shall be endorsod to provide &at the insurance shall be primary to md nonoontributory to any similar irsurance carried by Owner. Oumer's insurance $ell be excess to the primary insurance to the extent the primary insurance is valid and collectible. Both parties' iosrrra"i" shall contain a severability of interest clalrse. 92 Ooerafional Incurance. Managcr/Catser shall procrre aod maintain the following insurance: (a) Workers' Compensation and employer's liability insurance as rnay be rcquired under applicable laws covering all of Carerer's employees at the TEE Center, with such deductible limits as determind by Caterer; and (b) Such other instrance and/or additional coverage in amouots as Manager/Caterer in its reasonable judgment dee,ms advisable for its protection against claims, liabilities, and losses arising out of or connected with its performance under this Agreerre,nt. 93 Cost and Expense. Insuraoce proniums and any costs or expenses with respect to the insurance described h this Article to be providcd by Caterer shalt be paid by CatErEr. 9,4 Coverase. Atl insurmce described in this Article may be obtained by endorsement or equivalent means rmder its blanket insurance policies, provided that such blanka policies zubstantially fulfill the requirements specified herein. 95 Policies and EndorsemenB. (a) Where permitte4 all insurance provided under this Article shall be cailied in the name of the party procuring the insurance, with additional insrreds being the other parties to this Agree,ment The party procuring such insurance shall deliver to the other parties certificates of insurance with respect to all policies so procrred, including existing additional and reirewal policies and, in the case of insurance about to expire, shall deliver certificates of insurance with respect to the renewal policies not less thf,n t€n (10) days pnor to the respective dates of expiration. (b) Owner and ManagerlCakrer agree that with respect to any loss or claim which is covered by insurance then being carried or required to be carriod by them under this Agreemeirt the party zuffering such loss or claim and carrying or required to carry such insurance releases the other of and from any aod all claims, defeose costs and expe,nses with reqpect to zuch loss or claim. Owner and Manager/Catqq firther agree that each of their insr:rance policies shall provide for an appropriate waiver of subrogation and recovery reflecting this release. TEE C€nrr Cat€riry furcrmcat Exouim Copy 1 I 04282943-15 9.6 Indemnlficetion (a) Indemnification. Subject to the waiver of subrcgation and recovery provisions in tbis Agree,men! each party shall inde,mnifr aod hold harmless the other party, its subsidiaries, iS affiiiates, and their respeotive offioers, directors, 88@ts, and employees, from and against aoy and all claims, liabilities, losses, damages to persons or property, @sts, and expenses of any kind or character, including without limitadon reimburseme,lrt of court costs, reasonable attomeys' fees, interest, fees, and penalties, to the exte,lrt zuch liabilities are fiaally determined by a court of competent jurisdiction to have bee,n the result of the acts, omissions, negligeoce, or misconduct of such indemni&ing party or its e,mployees, @ntractors, agents, les-se&, or invitees, in the use, operation, or nainteiralrce of the TEE Center or Confereoce Ce,nter Annex. This section shall survive termination of this Agree,rnent. O) Good-faith Judcment. Notwithstanding aoy other provision of this Agree,ment neither Manager nor Owner shall make any claim against C"tqo based on any aleged error ofjudpent if such judgment was made by Caterer in good faith or based on any action taken by Caterer at the express direction of Manager or Owner. (c) Sr:nival. This Section shall survive termination of this Agreeme,lrt "r*ffi'fiJtI'roNs 10,1 Inspection of Conference Center Anpex. Oumer and its agents, e,mployees, and designees may inspect the Conference Celrter Annex upon reasonable advance written notice to Caferer for the purpose of monitoring and inspecting the performance by Caterer of the terms aad conditions hereof. Caterer shatl facilitate the access permitted rmder this Section upon request. 10.2 Amendmen8. The te,rms, cove,natrts, conditions, and provisions of this Agree,lnent cannot be modified or added to except in writing signed by the parties hereto. This Agreemeirt may not be modified without pnor roceipt by Owner of an Approving Tax Opinion. 103 Time biEssence. Time is of the essence. 10.4 Notices. All notices hereiroder or required by law will be sent (a) via US Mail, postage prepaid, cerdfied or registered mail, refirm receipt requested; or O) via any nationally ,"*gpircd commersial ovemigbt carrier with provisions for a receip! in either case addressed to ttre fames hereto at their respective addresses or ntrmbers set forth below or as they will have theretofore specified by notice delivered in accordance herewith: @: Augusta Conventioa Center Maaageanent LLC One l0ttr Sheet, Riverfront Center Suite 340 Arg,ota, Georgia 30901 TEE CeotcrCdaing Agt€cocat Ercc'uim Cryy 00282943-15 With a copy to: Hull BanetL PC 801 Broad Stre€f" 7th Floor Argostq Georgia 30901 Ath: Rand Hanna t2 Attn: Mr. Paul S. Simon In case of Ownq to: Augusta-Richmond County City County Municipal Building 530 Crrccne Stcet August4 Georgia30901 Atuu CityAdministator Inthe case of Caterer to: AugrstaRiverfront, LLC One lOth Steeq Nverfront Ceirter Suite 340 Augrsta, Georgia3090l Attn: Mr. Paul S. Simon With acopyto: Augusta-Richmond Counff Legat Department 530 Greene Steet Aug,rstq Georgia 30901 Attn: Ge,neral Counsel With a copvto: Hull Barrett, PC 801 Broad Street, 7th Floor Augosta, Georgia 30901 'Attn: Rand Hanna 105 Endre Aereement This Agreerreot along with the TEE Center REA is the entire agreement betweeir the parties with respect to the subject matter hereof and no alteration, modification or interpretation hereof shall be binding unless in writing and signed by the parties heretro. 10.6 Severabilitv. If any provision of this Agree,naent or its application to any parly or circgmstances witl be det€rmined by any court of competeirt jr:risdiction to be invalid and gnenforceable to any extent, the rernainder of this Agreeme,nt or the applicatioo of such. provision to zuch person or circrumstances, other than those as to which it is so daermined invatid or rme,lrforceable, will not be affectd thereby, and each provision hereof will be valid and will be e,nforced to the fullest extent permitted by law. l[J Comoutation of Tfune. The time in which any act under this Agree,ment is to be done shall be computed by excluding the first day and including the last day. If the last day of any timc period stated herein shall frll ou a Saturday, Sunday or legal holiday, then the duration of zuch time period shall be extended so that it shall e,nd on the ne:ct zucceeding day which is not a Sanrrday, Sunday or legal holiday. Unless preceded by the word "business", the word "day'' shall mean a calendar day. The phrase "business day" or "business days" sball mean those days on which the Srperior Court of Augusta-Richmond County, Georgia is located is ope,n for business. 10.8 Apolicable Law. This Agreement shall be constnred and e'nforced in accordance with the laws of the State of Georgia 10.9 Wsiver. The failure of either party to insist upon a stict performaoce of any of the terms or p,rovisions of this Agreement or to exercise any option, right or rernedy herein containe4 shall not be consEned as a waiver or as a relinquishment for the future of such terrr, provision, option, right or remedy, but the saone shall continue and remain in fulI force and TEECataCd.rirg 6grccmcat E:rortionCopy 13 00282943-15 effect. No waiver by either party of any term or provision hereof shall be dee,med to have been made unless expressed in writing and signed by such party. 10.10 Force Meieure. At Caterer's option, Caterer's performaoce under this Agree,urent shall be suspended to the exte,nt Caterer shall be delayed or hindered in or preve,lrted from the performance of any act required by reason of stikes, lockouts, labor boubles, inability to procure materials, failure of power, restrictive governme, tal laws or regulations, riots, terrorism, insurrestioa, war or other reason of a like nattre not the farlt of Caterer. 10.11 lggg[ggg. Headings of Articles and Sections are inserted only for conve,nience and are in no way to be consbued as a limitation on the scope of the particular Articles or Sections !o which they refer. 10.12 Thlrd Party Benefictaries. This Agree,ure,nt sball not inure to the benefit of any third parties. IDGCUTTON ON FOLLOWTNG PAGEI TEE Crntct Cd.ring fu6aneot Erorrtim Cory N282943-15 t4 IN WIINESS WHEREOF, the parties hereto have exesuted this Agreeme,nt under seal on the day and year first above written. Sipe4 sealed and delivered in the presenoe of: Augusta, Georgia TEE C€otlr CatringAgreemeat Exccutim Cqy 00282943-15 rit ! .: t ,I: t, 'i]-; il :F:l j,,' i I a: .i siiuo, l5 Sipe4 sealed and ilelivered in the presence of: Augrrsu Riyerfront, LLC, aGeorgia limited As its President (Seal) T(r h rfrrunbffia* witness (NotarYSeal) Wstron*-r3r* Signed, sealed and detvered in the presence of: K.f" Augusta Conve,ntion Ce,lrter Manage'me'lrt LLC, a Qrr4 $t lfa{tgd li4flity company By As is President (Seal) (Notary Seal) Unofrcial Witness TEE CatrCauiog Agrecmcnt Excctlio Copy 002E2943-r5 trffiEdt" 16 CONSOLIDATED CONTROLS 14I I NEWMANTOWN RD GROVETOWN GA 30813 PH 706 339-3304 TO: BLAKE CHAMBERS DATE: ll/07/2021 RE: AUUGUSTA CONVENTION CTR LIGHTING UPGRADE LUTRON SYSTEM SCOPE OF WORK UPGRADE OF EXISTING LUTRON LIGHTING CONTROLS NEW PROCESS CONTROL AND DEMO OF EXISTING EQUIPMENT TIE IN OF EMERG CIRCUIT FOR OPERATION OF LIGHTS DTIRING POWER FAILUREREMOVE EXISTING NETWORK CARD AND INSTALL NEW NETWORK EQUIPMENT EXTEND CAT 5 CABLE FROM EXISTING IT RACK UP TO NEW LIGHTING CONTROL NETWORK POINT TO BE PROVIDED BY OWNER PROGRAM OF SYSTEM, WITH AV EQUIPMENT AND EXISTING LIGHTS DOES NOT INCLTIDE REPAIR OF EXISTING LIGHTS FOI.'ND NOT BE IN WORKING ORDER ALL WORK TO BE PERFORM DURING NORMAL WORKING HOURS MONDAY THRU FRIDAY8:00AM TO 5:00 PM SHIPPING 3TO 4 WEEKS TOTAL COST------.- PAYMENT TERMS NET 30 THANKS RUSSELL MADDOX CONSOLIDATED CONTROLS Lena Bonner From: Sent: To: Cc: Subject: Attachments: lmportance: Odie Donald Monday, November 29,2021 9:56 AM Lena Bonner Wanda Gothie; Tanikia Jackson; Commissioner Ben Hasan Addendum ltem Administrative Services Committee November 30, ZOZ1 TEE CENTER MANAGEMENT AGREEMENT-TS.pdf; AUGUSTA coNVENTIoN cTR LUTRON SYSTEM UPGMDE 2021 117?1.doc High Good morning Ms. Bonner, I received a_reque-st from our partners qt-thg Marriott, which I cannot authorize. As such, I am requesting thebelow item be added as an addendum. I had an o-pportunity to mention this needed item to the Chair (colpiea) and he was open to it. Please see below and attached. Mqtio_n to-approve and authorize A_ugusta Convention Center Management, LLIC to enpend $38,,8oo for the upgrade of the lightins system at the Augusta Convintion Gnter. Based on the Management agreement, approval of expenditures a6ove the $zo,ooo threshold require Commission approval. The lighting system request impacts convention center visitor usage and rivenues.SI Mrbbur:. - (r)- "EE qqts: Muryc {It ttt Euinrrh rbc TEE Cat r in fporl oqrdirba radnlrir ro 6c rrqrc rind&& rs rhe Coofcrrilcc Clat.r ic udril.for.4 ;n (iii;_{il.hrffi; Td-n+lu 1qq nG0B$ry, tuttritutlt, frrrurcs rad rgripcm frrrhcftE C;rG:sdt& ilillimitdon of $ogirx 5.tc), if rpplicrH* Muugrr-nry *irldn* ftra, fum 6c ftDiI'lAo*utr to pry fn crpiulErDcorca. Mqrr Stil d& O.,s,s;;",d ;,i, r" ffimy mecDcl qecoear: of norc rhra s20_,0o o r dqh mruiim i-h;-.;r!!dsf C+irrt &pcftGs nor 06rrrhe urhoriaaf by tb AInuJ iffi (bl Cgofcr?t Oclrrcr AanE!. Mrnrtc, dro mry cilnc ro bo prrE fisr rrdl$lcgnr h_q.qpn"t.+pryL C.pirrt Bu.olcr fa rbc co,atuspe c.ao erro rhr hevc 1!E- tqlHd b bc pti<l by ctea hr $.ll f,rn obuia onmcr r appovrt if cgct ira *croOt120,000 rd *,rs mt ohrrvilc ruhorizqt by ttc Amrrl ph, (c) Fctil ljrttrdoq, r*oept rs otlr:rwi!..ilprcsrly arnhorizcd hcrcin rny c€DirdErpa* crooodiog thc hdtpiGd F",rrtrt id for& in d; i;,rd-pl;;;;t;i.,ffi;B'pcndiurcbynorcthur- r j!(orrhe F$mtnr of wtricbwouil *,* &;","",rnhc, #t ildi;c+itd Am.olr r0 br rlomcd by m* itun gs* orrb ,orour t-dd rh*in ; oftu-iE;;;of thc Fircrl Ycrr *rll rcquin O*ncr.s prior gpronl In Seruice, Odie Donald II, MBA Administrator Augusta-Richmond County SgS Telfair Street, Suite 9ro 0o6) 8zr-2898 Office odonald @augusta ga. gov J***r.toS/nturt 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-miil or for the consequences of any actions taken on the basis of the information provided, unless that information is subsequently confiimed in writing. Any views or opinions presented in this e-mail are solely those of the author and do not necessarily represent those of rhe City of Augusta. E-mail transmissions cannot be guaranieed to be secu.re or error-free as information could be intercepled, corrupted, lost, destroyed, arrive lale or incomplete, or conlain viruses. The sendertherJfore does not accept liabilityfor any errors or omissions in the contenl of this message which arise as a result of the e-mail transmission. lf verification is required, please request a hard copy version. AED:104.1 Commission Meeting Agenda 12/7/2021 2:00 PM Non-Discrimination Ordinance Department:Augusta Commision Department:Augusta Commision Caption:Motion to approve Non-Discrimination Ordinance as recommended by the NDO Working Group. (Approved by the Non-Discrimination Ordinance (NDO) Working Group October 28, 2021; Administrative Services Committee meeting November 9, 2021 and the Commission November 16, 2021-second reading) Background:The Augusta Commission in its meeting held August 3, 2021 approved convening a NDO Working Group with Commissioner Francine Scott as Chairperson to craft a Non- Discrimination Ordinance and report back its recommendations. Analysis:It is the purpose and intent of the Mayor and Commissioners of Augusta-Richmond County to protect and safeguard the right and opportunity of all persons to be free from all forms of discrimination, including discrimination based on actual or perceived race, color, religion, national origin, ancestry, sex, sexual orientation, gender identity, age, disability, marital status, familial status, or veteran/military status. In enacting this ordinance, the Mayor and Commissioners seek to promote the public health and welfare of all persons who live and work in Augusta-Richmond County. It is important for Augusta- Richmond County to ensure that all persons within the county have equal access to employment, housing and public accommodations. Financial Impact: Alternatives: Recommendation:Approve Cover Memo Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Cover Memo 1 ARTICLE ____. UNLAWFUL DISCRIMINATION Sec. _____. Purpose and Intent. It is the purpose and intent of the Mayor and Commissioners of Augusta- Richmond County to protect and safeguard the right and opportunity of all persons to be free from all forms of discrimination, including discrimination based on actual or perceived race, color, religion, national origin, ancestry, sex, sexual orientation, gender identity, age, disability, marital status, familial status, or veteran/military status. In enacting this ordinance, the Mayor and Commissioners seek to promote the public health and welfare of all persons who live and work in Augusta-Richmond County. It is important for Augusta-Richmond County to ensure that all persons within the county have equal access to employment, housing and public accommodations. Sec. ____. Definitions. The following words, terms and phrases, when used in this article, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning. Age means an individual's status as being 40 years of age or older. Business means any person or entity conducting business within Augusta- Richmond County, which is required to obtain a license or permit. Complainant means an individual that files a complaint pursuant to this article. Compliance Department means the Augusta-Richmond County Compliance Department’s Equal Employment Opportunity (EEO) Division. Disability means physical and mental impairments and shall be interpreted, co-extensively, with the meaning given to that term under the Americans With Disabilities Act, codified at 42 U.S.C. § 12101 et seq., except that if a person would be considered to have a disability, but for the use of a mitigating measure, that person shall nevertheless be considered to have a disability within the meaning of this chapter. 2 Discriminate, discrimination, or discriminatory means any act, policy or practice that, regardless of intent, has the effect of subjecting any person to differential treatment as a result of that person's actual or perceived race, color, religion, national origin, sex, sexual orientation, gender identity, age, disability, marital status, familial status, or military status. Employee means any person employed by, or seeking employment from, an employer, excluding any individual employed by such individual's parents, spouse or child. Employer means a person who employs one or more employees in Augusta- Richmond County. Familial status means an individual's past, current or prospective status as a parent or legal guardian to a child or children below the age of eighteen (18) who may or may not reside with that individual. Gender identity means the actual or perceived gender-related identity, expression, appearance or mannerisms, or other gender-related characteristics of an individual, regardless of the individual's designated sex at birth. Hearing Officer means a person charged with determining the validity of an alleged violation of this ordinance, and upon determining that a violation has occurred, assessing appropriate damages, penalties, fines or costs. The Hearing Officer is a competent Attorney at Law, within good standing in his/her profession, or a person otherwise qualified with the requisite training and experience in constitutional law, employment law and housing discrimination. Mediator means a state registered mediator who shall be chosen by the Compliance Department to perform the duties outlined within this article. Marital status means an individual's past, current, or prospective status as single, married, domestically partnered, in a civil union, divorced, or widowed. Military/Veteran status means an individual's status as one who serves or served in the uniformed services, military, naval or air service, and who was discharged or released under conditions other than dishonorable. National origin means an individual's place of origin or an individual's ancestors' place of origin. Place of public resort, accommodation, assemblage, or amusement means any place, store, or other establishment, either licensed or unlicensed, that supplies accommodations, goods, or services to the general public, or that solicits or accepts the patronage or trade of the general public, or that is supported directly or indirectly by government funds The term does not include any private club, bona 3 fide membership organization, or other establishment that is not in fact open to the public. Religion means all aspects of religious belief, observance and practice. Religious organization means an entity which conducts regular worship services or is qualified as a religious organization under section 501(c)(3) of the Internal Revenue Code of 1986, as now or hereafter amended, that is not required to file IRS Form 990, return of Organization Exempt from Income Tax, under any circumstances. Respondent means an individual or business accused of violating this article in a complaint. Sexual orientation means an individual's actual or perceived orientation as heterosexual, homosexual, bisexual, pansexual or asexual. Sec. ____. Civil rights declared. The right of an otherwise qualified person to be free from discrimination because of that person’s actual or perceived race, color, religion, national origin, ancestry, sex, sexual orientation, gender identity, age, disability, marital status, familial status, or veteran/military status is recognized as, and declared to be, a civil right. This right shall include, but not be limited to, all of the following: 1. The right to obtain and hold employment and the benefits associated therewith without discrimination. 2. The right to the full enjoyment of any of the accommodations, advantages, facilities, or privileges of any place of public resort, accommodation, assemblage, or amusement without discrimination. 3. The right to engage in property transactions, including obtaining housing for rental, sale or credit therefor, without discrimination. 4. The right to exercise any right granted under this ordinance without suffering coercion or retaliation. Sec. ____. Interference with declared civil rights prohibited. No person, business or entity shall intentionally engage in any act, policy or practice that negatively interferes with any of the civil rights declared within this article. Sec. ____. Exceptions. 4 Notwithstanding the foregoing, the following are not discriminatory practices prohibited by subsection ___ of this ordinance: 1. A religious organization that employs and individual of a particular religion to perform work connected with the performance of religious activities by the organization. 2. An employer who observes the conditions of a bona fide affirmative action plan or a bona fide seniority system which is not a pretext to evade the purposes of this ordinance. 3. An employer that refuses to hire personnel that, in its sole but reasonable discretion, it deems to be unqualified for the position. 4. An employer requiring an employee, during the employee’s hours at work, to adhere to dress or grooming standards deemed appropriate in the sole, but reasonable discretion of the employer, provided that, all employees are permitted to dress in a manner consistent with their gender identity. 5. A nonprofit private club in fact not open to the public, which as an incident to its primary purpose, provides lodging, which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy to its members, or from giving preference to its members. 6. A religious organization that limits its non-commercial accommodations, advantages, facilities, membership and privileges to persons of the same religion. Sec. ____. Enforcement. Subject to the procedures developed by Augusta-Richmond County, the county shall receive and shall initiate, investigate, seek to conciliate, hold hearings on and/or pass upon complaints alleging violations of this ordinance. (1) Any person aggrieved by a potential violation of this ordinance may file a Verified Complaint with the Compliance Department on a form to be provided by the Compliance Department. Such complaint must be filed within ninety (90) calendar days after the alleged act of discrimination. A filing fee of $50.00 shall be paid by the Complainant at the time of filing. If financially unable to pay the required filing fee, such fee may be waived by filing an Affidavit of Poverty on a form to be provided by the Compliance Department. 5 (2) The Compliance Department shall cause a copy of the Verified Complaint to be served on the alleged violator within three (3) business days of receipt of a properly filed complaint, via priority first class mail, certificate of mailing, or via statutory overnight delivery. (3) The Compliance Department shall cause a copy of the Complaint and Answer, if any, to be served upon the Hearing Officer within ten (10) business days of receipt of a properly filed complaint, via electronic mail. (4) The Hearing Officer shall review the Complaint and Answer, if any, to determine whether the complaint is in conformity with the requirements, is unjustified, frivolous, or patently unfounded, or whether upon consideration of the complaint and answer, the Complaint demonstrates facts sufficient to invoke disciplinary jurisdiction as set forth in this ordinance. Should the Hearing Officer determine that the complaint does not meet requirements, he/she may dismiss, however, he/she must state the reasons for dismissal in his/her report. The Hearing Officer shall have fourteen (14) days to review the complaint and answer, if any, and issue his/her report. (5) Upon determining the complaint should not be dismissed, the Hearing Officer shall refer the Complaint to a Mediator for non-binding mediation. Participation in mediation is voluntary for both parties. Any fees charged by the mediator may be assessed by the Hearing Officer to the non-prevailing party in the same manner as the Hearing Officer’s fee, as set forth herein below, unless, at the conclusion of the mediation, both parties agree to assess the costs of mediation in some other manner and, if so, that manner shall be placed in writing and signed by both parties. Notice of mediation shall be sent to the complainant and the alleged violator not less than ten (10) business days in advance of mediation. Any mediation hereunder shall be conducted in accordance with procedures established by the mediator. Sec. ___. Hearing before Hearing Officer. (1) If, within ten (10) business days of the conclusion of mediation, either party notifies the Compliance Department, in writing, that such person is dissatisfied with the results of mediation, or if either party elects not to participate in mediation, the Complaint shall be referred to a Hearing 6 Officer. The Hearing Officer shall be empowered to collect evidence and information concerning any Complaint and to add the findings and results of investigations to the file containing such Complaint. In furtherance of this investigation, the Hearing Officer shall conduct a hearing regarding the allegations set forth in the Complaint. At the hearing, both the alleged violator who is the subject of inquiry, and the person filing the Complaint, shall have the right: (a) to representation by counsel at all stages of these proceedings; (b) to written notice of the hearing at least fourteen (14) calendar days before the hearing via certified mail, return receipt requested, to the person’s last known address; (c) to hear and examine the evidence and witnesses; (d) to not testify; and (e) to submit evidence and call witnesses to oppose or mitigate the allegations. Either party may call a witness by submitting a request, in writing, to the Hearing Officer, seven (7) calendar days in advance of the hearing. In all hearings held under this section, formal legal rules of evidence shall not be strictly applied. Evidence may be admitted if it is of a type commonly relied upon by reasonably prudent people in the conduct of their affairs. The Hearing Officer shall follow the Georgia Rules of Evidence regarding privileges recognized by state law. (2) Within seven (7) business days of the completion of the investigation to include a hearing, the Hearing Officer shall either: (a) dismiss the Complaint on the grounds that it is unjustified, frivolous, patently unfounded, or that it fails to state facts sufficient to invoke the disciplinary jurisdiction of Augusta-Richmond County; or 7 (b) find that a violation of this article has occurred, and thus the Hearing Officer may apply a civil penalty of $500 for the first violation and $1000 for any subsequent violation. (3) The Hearing Officer’s fees may be assessed to the non-prevailing party, if the Hearing Officer finds that the respective claim or defense is unjustified, frivolous, or patently unfounded. (4) All hearings under this section shall be completed within thirty (30) days of the date on which the Hearing Officer received the file from the Compliance Department. (5) The Hearing Officer must submit all documentation of his/her decisions to the Compliance Department within ten (10) business days of the conclusion and determination of the claim. (6) Any party adversely affected by the final decision regarding the Complaint, may appeal to the Civil & Magistrate Court within thirty (30) calendar days of the adverse decision. Sec. ____. Other remedies. This article may not be construed to limit any other remedies available under local, state, or federal law. Commission Meeting Agenda 12/7/2021 2:00 PM Presentation: Proposed Programming in Support of Affordable Housing, Financial Literacy, and Access to Small Business Capital (Administrator) Department:Administrator's Office Department:Administrator's Office Caption:Motion to approve proposed programming in Support of Affordable Housing, Financial Literacy, and Access to Small Business Capital (Administrator).(Approved by the Administrative Services Committee November 30, 2021). Background:The current global pandemic has wreaked havoc on communities across the nation. In Augusta, housing affordability and access to small business capital has been identified as key issues in mitigating the negative impacts of the pandemic. While Augusta ranks in the top 2 statewide in implementing federally funded rental assistance programming, rising rents and the removal of the eviction moratorium continues to cause challenges. The Administrator’s Office has partnered with Cadence Bank and First Community Bank to present an impactful solution with the goal of adding another tool in the toolbelt for Augusta in supporting housing affordability and access to small business capital. Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: Cover Memo REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo IoCoo >..9oErE, Iog*r(Ua- t-Lo.eo.cotrILL -o-i o Eo.9o + Eo o.g* E = IJJ O 7t CDg ?EEEI HEE E6 o.f/,€J ln UJ Il-(J UJrtEo G, (,o E,o- Eo,3F .E^=lrFt- EEdl g8'Eg e PEE HAHttEf6 2 2I g E,, 9,,gE H"€s6a EE$s ':.. i: . :1r...!1. -'l rr! '€l- F- E$Es T Pfi€ 8 EEfi F $Hf; a. --IvtzoI kJ IJJ G, 1- -vtoo- UJo t vt Eoauo- ?^ b0o-i: oe ) b.e= s.=o'=OPtr F HEfr EE.e(J s teE f,b 6fr 8.: =EE=EEgPpEgBtEeiE !fr==t a i:iE s u EgFE E g = g s H; ,tb I EE E A E a fr i f r fr gtrtr tr Itt e = IIl-t a. 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The initial contact was for one (1) year with three (3) additional one-year periods. Per Section 3(b) of the contract, the "meal prices shall be increased on each anniversary of the effective date by an amount to be mutually agreed upon". Analysis:Based on the Consumer Price Index (CPI) for the projected early price changes, a (3%) increase of the (2021) budget is warranted. Financial Impact:Adjustment for the increases have been accounted for in the department's budget. Alternatives: Recommendation:Approve amendment to the contract to include extension of the one (1)yr term with the adjusted price plan. Funds are Available in the Following Accounts: 101033211-5317110 REVIEWED AND APPROVED BY: Cover Memo Finance. Law. Administrator. Clerk of Commission Cover Memo Amendment No. 2 to Operating Agreement THIS AMENDMENT No. 2 (the “Amendment”), is entered into this ____ day of October, 2021, by and between Augusta, Georgia, with offices at 535 Telfair Street, Augusta, GA 30901 (the “County”) and Aramark Correctional Services, LLC, a Delaware limited liability company, having its principal place of business located at 2400 Market Street, Philadelphia, Pennsylvania 19103 (“Aramark”). WHEREAS, the County and Aramark entered into an Operating Agreement – Food Service, dated November 1, 2019, for the management of the food service operation at the Augusta-Richmond County Correctional Institution located at 2314 Tobacco Road, Augusta, GA 30906 (the “Facility”) (the “Agreement”); WHEREAS, the parties acknowledge the need to address volatility in the cost of food commodities; and WHEREAS, the parties desire to amend the provisions of the Agreement, as follows, effective November 1, 2021. NOW, THEREFORE, in consideration of the foregoing and of the mutual promises in the Agreement and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as set forth below. Capitalized terms used but not defined in this Amendment have the meanings ascribed to such terms in the Agreement. 1. Term: Pursuant to Section 6 of the Agreement, the parties agree to extend the term of the Agreement by twelve (12) months, effective as of November 1, 2021 through October 31, 2022. 2. Price Adjustment: In accordance with Section 3.B to the Agreement, the parties mutually agree that the price per meal charged to County by Aramark shall be increased by an amount of three percent (3%), for the period from November 1, 2021 through October 31, 2022. For the avoidance of doubt, the price per meal for the stated period is set forth in Attachment A to this Amendment and shall supersede in all respects the price per meal set forth in the Agreement or in any other prior agreements between the parties. 3. Except as specifically set forth herein, all other terms and provisions of the Agreement shall remain unaffected by this Amendment and continue in full force and effect IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to be signed by their duly authorized representatives the day and year first written above. Aramark Correctional Services, LLC Augusta, GA State of Georgia By: _________________________ By: _________________________ Michael Santoro Name:________________________ Vice President, Finance Title:_________________________ Attachment A Augusta-Richmond County, GA Effective November 1, 2021 through October 31, 2022 Population Range Price per Meal* 195-214 $1.705 215-224 $1.637 225-230 $1.614 *The price for operation of the kitchen is based on a “Price Per Meal” per inmate multiplied by the number of meals served. Price structure may be based on a sliding scale depending on the current population range. Commission Meeting Agenda 12/7/2021 2:00 PM Change Order Request for RFQ#16-198 Architectural Design Services for Augusta GA Fire Department Department:Fire Department:Fire Caption:Motion to approve AIA G802, Amendment to the Professional Services Agreement for Additional Services requested by the Augusta Fire Department and performed by JLA for new Fire Station 3 through December 2020 on RFQ #16-198 Architectural Design Services for Augusta, GA Fire Department in the amount of $52,865 and authorize the Mayor to execute the documents. (Approved by the Public Safety Committee November 30, 2021) Background:AIA G802, Amendment to the Professional Services Agreement is being submitted for Additional Services requested by the Augusta Fire Department and performed by JLA through December 2020 for new Fire Station 3 site located at 2649 Gordon Hwy and Powell Rd. These additional services were the result of existing bad soil and site conditions discovered during the geotechnical subsurface survey and the additional work required to coordinate outside engineering, update drawings, specifications and prepare the project to be rebid. The total Additional Services completed through December 2020 total $52,865.00. In addition to the additional services compensation, we are also requesting adjustment to the fund allocation to the total Architectural fee for the project, in order to rectify funds that were invoiced as reimbursable expenses, but were applied to the contract fee total for the project. AIA G802 request that the reimbursable expenses in the amount of $41,071.42 (which have previously been paid) be removed from its application to the overall contract total of $474,600.00. Currently with these reimbursable expenses applied to the contract, it indicates expenses to be paid by the Augusta Fire Department exceed the contract amount. Removing the reimbursable expenses that were applied to the contract will adjust the contract fee billed to date as $434,850.05, not $475,921.47, leaving $39,749.95 remaining on the existing contract to be allocated per the last Cover Memo invoice. AIA G802 requested that the contract time also be extended 14 months to cover the delays in the project. Analysis: Financial Impact:Total Additional Services completed through December 2020 total $52,865.00 and are available in the Fire Department Fund Balance. Use of Fund Balance to complete the construction of new Fire Station 3 was approved by commission on Oct. 15, 2019 Item, 25 (see attached letter) Alternatives:none at this time Recommendation:To approve the Motion to approve AIA G802, Amendment to the Professional Services Agreement for Additional Services requested by the Augusta Fire Department and performed by JLA for new Fire Station 3 through December 2020 on RFQ #16-198 Architectural Design Services for Augusta, GA Fire Department in the amount of $52,865 and authorize the Mayor to execute the documents. Funds are Available in the Following Accounts: Funds are available in the Augusta Fire Department Fund Balance 274000000-1342210 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo 1 | Page Augusta Fire Station #2, #3, & #20 Original Contract Fee $402,600 (6.1% fee) Additional Services per Contract $72,000 (Civil, Landscape and Interior Design executed as option 4A of the contract) Total Contract Amount $474,600 Additional Services provided for Station #2 • None Additional Services provided for Station #20 ( Total $9,500) • Multiple reviews of product submittals from the Contractor o $1,500 • Redesign of Roof Structure twice to accommodate contractor priced roof system that was different from bid documents. o $8,000 Additional Services provided for Station #3 ( Total $43,365) • Site reviews and coordination meetings with Geotech Engineer after initial bad soil was discovered. o $2,000 • Coordination of additional borings and test pits to verify extent of site debris. o $2,400 • Create site remediation plans for Bid Package o $4,000 • Prepare and meet with Commission seeking additional funding sources for Station #3 o $1,800 • Meet with Contractors and prepared budgetary pricing for remediation cost based on geotechnical engineer findings. o $2,800 • Revise previous site design package to incorporate remediation techniques to render site usable o $6,300 • Resubmittal of Construction Drawings for permitting o $2,500 • Coordinate additional surveying and easement requirements for utility tie-in as required by Augusta Utilities. o $2,400 • Update Station #3 bid package to reflect new GA adopted building codes. o $9,100 • Rebid Fire Station #3 o $10,065 Total Additional Services that have been completed to date: $52,865.00 2 | Page Augusta Fire Station #2, #3, & #20 Reimbursable Expenses and Additional Services performed by JLA as requested from the Owner (Augusta Fire Department) to date: $41,071.72 Note: These expenses are in addition to the original contract amount. Per Section 11.3 Compensation for Additional Services of the Architect’s Consultants, and Section 11.5.1 Reimbursable Expenses these services and reimbursements were itemized on all invoices when submitted for payment. Below is a sum total and description of the Reimbursable and Additional Services expenses. Total = $41,071.72 Description Amount ARC 627.84 Augusta Planning & Development Department 3,544.00 Augusta Utilities Department 300.00 Augusta Utilities Engineering Department 150.00 Department of Natural Resources EPD 84.00 Springwood Nurseries, Inc.920.00 Total 5,625.84 Description Amount Carolina Land Surveying, LLC 5,175.00 ECS Southeast, LLP 24,520.88 William R. Gore Land Surveyors, Inc.5,750.00 Total 35,445.88 3 | Page Invoice Register and Details JOHNSON, LASCHOBER & ASSOCIATES, PC Job-to-Date through 12/31/2020 Project 3042.1604 New Fire Stations No. 2, 3 and 20 Invoice Date Total Reimb Consultants 29692 6/15/2017 10,065.00 29766 8/8/2017 10,065.00 29856 9/15/2017 2,013.00 29924 10/6/2017 2,013.00 30052 11/15/2017 2,013.00 30156 12/15/2017 7,763.00 5,750.00 30292 2/19/2018 1,006.50 30567 5/17/2018 17,253.00 5,175.00 30644 6/19/2018 35,158.00 30696 7/11/2018 43,803.50 30797 8/24/2018 42,732.00 30860 9/25/2018 13,715.00 950.00 30962 10/24/2018 11,545.50 31017 11/8/2018 51,292.50 500.00 31168 3/11/2019 104,771.50 1,320.00 16,387.50 31342 6/7/2019 18,201.00 84.00 31687 10/21/2019 46,670.11 1,296.23 8,133.38 31781 11/20/2019 3,326.25 60.00 31799 12/9/2019 7,772.24 331.61 31999 2/28/2020 7,732.50 800.00 32116 4/14/2020 9,556.87 32272 6/15/2020 12,323.13 32358 7/24/2020 10,065.00 32433 8/21/2020 4,058.37 284.00 32519 9/30/2020 1,006.50 Final Total 475,921.47 5,625.84 35,445.88 (Invoice #32433 & #32519) Billed 475,921.47$ Received 470,856.60$ Balance Due 5,064.87$ Contract Amount $474,600.00 Fee remaining to be Fee Billed $434,849.75 billed $39,750.25 Reimbusible Billed $41,071.72 $475,921.47 Commission Meeting Agenda 12/7/2021 2:00 PM Motion to approve an Amendment for the RCSO Detention Center Commissary Contract Department:Richmond County Sheriff’s Office (RCSO) Department:Richmond County Sheriff’s Office (RCSO) Caption:Motion to approve an amendment for additional services for the RCSO Detention Center Commissary Contract. .(Approved by the Public Safety Committee November 30, 2021). Background:Since pre-consolidation, the Richmond County Jail has provided a food service provider for inmates for commissary purchases. In January 2012, the Richmond County Sheriff’s Office entered into a contract agreement with Trinity Food Services. Since 2012, the Sheriff’s Office has experience changes in inmate population and cost increases. On August 1, 2021 an agreement was made between Trinity Services and Richmond County Jail. This agreement includes additional computer software to include upgrades to the Kiosk Program. The new features are no cost to the customer. Features include commissary ordering, secure messaging, entertainment, digital grievances, routing requests, religious content, education content, and law library content. Analysis:This amendment provides upgrades and enhancements to the commissary service offered at the Charles Webster Detention Center. Wall mounted kiosk technology with secure messaging and entertainment services will be provided. Also provided are updated vending machines placed in mutually agreeable locations throughout the facility. Financial Impact:The annual operating budget of the Richmond County Sheriff's Office includes commission revenues from the vendor Trinity (Keefe) commissary. This amendment does not change that structure. There will be no fee charged to or paid by the Sheriff's Department for participating in the Inmate Kiosk program. Fees to inmates using the paid services on the kiosk at a per-minute based rate shall be no more than $0.05. For the vending services, the Sheriff's Office shall provide the A/C power necessary to run the machines as its sole cost. Cover Memo Alternatives:None Recommendation:The Richmond County Sheriff's Office recommends approval of the amendment. Funds are Available in the Following Accounts: No cost. This is an upgrade to the system. REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo SECOND AMENDMENT TO TRINITY SERVICES GROUP, INC. COMISSARY SERVICES AGREEMENT This Amendment to the Trinity Services Group Inc. Commissary Services Agreement is made and entered into effective August 1, 2021, by and between the Richmond County Jail – Charles B. Webster Detention Center, a Correctional Institution in the State of Georgia (“County”), and Trinity Services Group, Inc. (“Contractor”). The County and Contractor are referred to herein jointly as the “Parties”. WHEREAS, the Parties entered into the Commissary Services Agreement (“Agreement”) made effective April 15, 2017, and Amended effective October 1, 2020, pursuant to which the Contractor provides commissary goods and services to the County, and WHEREAS, the Parties desire to amend the Agreement as set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree follows: ADDITIONAL SERVICES TO BE PROVIDED. Trinity will provide the computer software necessary to provide Trinity banking services. Trinity hereby grants to Client a non- exclusive, royalty-free license to use the Trinity banking software during the term of this Agreement. All software supplied by Trinity is proprietary and shall at all times remain the property of Trinity with title and all rights vested in and retained by Trinity. Client hereby agrees that it will not disclose, reproduce, transfer, alter, reverse-engineer, decompile or use the Trinity software and/or documentation for any purpose, other than those specifically allowed by the terms of this Agreement. This agreement does not include usage of Trinity’s Secure Release program. Trinity will also, through its employees, provide scanning services for digitizing inmate mail. KIOSK PROGRAM. Trinity, through its approved subcontractor, will offer wall- mounted kiosk technology services solution for use by the inmates at Customer’s facility which is known as the Secure Inmate Kiosk program. The Secure Inmate Kiosk program is described in Exhibit A which is attached hereto and by this reference made a part of this Agreement. Activation of the Secure Messaging and Entertainment services are required for all Kiosks. All other Kiosk services offered are available at Customer’s option. There will be no fee charged to or paid by Customer for participation in the Secure Inmate Kiosk program. Fees to inmates using the paid services on the Kiosk at a per-minute based rate shall be no more than $0.05 unless Customer approves a modification of the rate, which approval shall not be unreasonably withheld. During the program, Keefe will be allowed to run promotions and offer paid services at reduced rates. Keefe will provide, through its approved subcontractor, the following: (i) technical assistance during the installation and initial use of the Kiosks including the operational training for Customer employees; (ii) manuals, instructions and names of technical representatives available via telephone; (iii) a preliminary project plan, including the project team, installation timeline, recommended installation procedures, including as necessary any conversion from existing systems to the Kiosk system, and (iv) a project management plan which will include locations of service technicians, replacement equipment and response times. VENDING SERVICES. In addition to the inmate commissary and fiduciary management services outlined in the Agreement, Trinity agrees to provide Vending Services including providing vending hardware as defined further as well as the stocking, and restocking of vending items. Customer agrees that Trinity may place the vending hardware agreed upon by the parties, namely two (2) vending machines (the “Hardware”) in mutually agreeable locations throughout Customer’s facility and sell vending items (the “Item” or “Items”) to inmates at Customer’s facility. Customer shall provide the A/C power necessary to run the Hardware at its sole cost. Customer agrees that all Hardware is the sole property of Trinity, and agrees to return all Hardware to Trinity in workable order upon the termination of the Agreement. Any Hardware damaged by inmates will be repaired or replaced by Trinity and viewed as a recoverable cost to be recouped from the inmate(s) who damaged the Hardware. Trinity agrees to pay for wring/electrical connectivity costs associated with the installation of the Hardware. Vending Item selection and pricing will be agreed upon by Customer and Trinity. Vending Item menu selection and price adjustments shall be reviewed as needed, but no less than annually. Trinity agrees to pay Customer a commission equal to 30% of all final Vending Item sales less any sales tax and refunded Items. ADDITIONAL CONDITIONS: Except as expressly stated herein, all of the terms and conditions of the Agreement, as amended, shall remain in full force and effect. The term of the contract shall remain as set in the First Amendment. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals effective as of the day and year first above written. COUNTY CONTRACTOR Richmond County Sheriff’s Office Trinity Commissary Network, L.L.C. By: ________________________ By: _____________________________ Richard Roundtree, Sheriff______ John Puricelli, Executive Vice President_ Name and Title Name and Title ___________________________ ______________________________ Date Date Exhibit A DESCRIPTION OF SERVICES SECURE INMATE KIOSK PROGRAM FEATURES The following features are included on all Kiosks at no cost to the Customer: Commissary Ordering: Kiosks support the ability for inmates to place commissary orders electronically, interfacing directly with the facility’s commissary, without involving correctional staff and time. This solution is compatible with any commissary system that provides a modern Web-based ordering system. Secure Messaging: To reduce mailroom volume, Kiosks will provide a messaging solution that allows inmates and approved contacts to exchange electronic typed messages. This solution will trigger alarms based on watchwords, allow text searches across messages, and permit facility staff to conduct speedy reviews of messages. Fees charged by Kiosk provider for depositing funds to enable inmates to use Secure Messaging and Kiosk services will be charged at the then current rate(s) charged for Keefe’s Access Corrections® Secure Deposits program. Entertainment: Inmate Kiosks will provide entertainment for inmates, including sports scores, music, non-violent games, and other inmate appropriate entertainment. In addition, Kiosk provider will make the following optional features available from the inmate Kiosk solution at no cost to the Customer: Digital Grievances: Kiosk provider will provide a complete digital inmate grievance and inmate request system, available to users of the inmate Kiosks. This system will allow the creation, publishing, and management of digital forms and allows submissions to be routed directly to specific individuals. The system will also support follow-up communication with the staff member who receives the submission. Routing of Requests: Kiosks will allow Customer staff to control the routing of submitted digital requests and grievances to key staff. Religious Content: By default, Kiosks will provide content to help meet the needs of inmates of diverse religious beliefs. Educational Content: Kiosk solution will have the capability of displaying current and/or future educational content. Legal Research/Law Library: Kiosk solution will have the capability of displaying Web/ HTML-based legal research/law library content in order to reduce inmate escorts to and from the law library. Kiosk provider will support a variety of 3rd party law library systems in the event that the 3rd party provider changes in the future. This integration will be provided at no cost to the Customer or inmate. Customer will contract directly with the 3rd party law library for their services. Photo Sharing: To reduce physical photographs being introduced into the facility, Kiosks will provide a photo sharing solution that allows approved contacts to share digital photos with inmates. Kiosk provider will manually review each photo for nudity and offensive behavior before it may be seen by the inmate. Inmates may not take photos or share photos with their approved contacts. Content Blocking: Kiosks will allow the Customer to block specific content offerings either temporarily or permanently if the Customer anticipates that the content will provide problems for their facility. Inmate Self Improvement: Kiosks provide content options for inmate self-improvement, including personal finance, employment, national news, and learning options. No Penalties: There is no additional cost to the Customer for any features or hardware described herein. NETWORK AND HARDWARE Kiosk Ownership & Maintenance: The kiosks will be owned by kiosk provider, and Kiosk provider will be responsible for all installation, maintenance and ongoing support. Prime Provider: Kiosk provider will be the prime developer and provider of the inmate Kiosk solution and service. No Cost to the Customer: Kiosk provider will provide all hardware and services at no cost to the Customer. Secure Wireless Network: Kiosks will run over a secure wireless network using a unique virtual private network (VPN) per Kiosk connection to ensure encrypted communications. Cellular network communication (such as Edge, LTE, 3G, 4G) is inherently insecure and will not be utilized. An Independent Network: Kiosks will utilize separate dedicated network for all Kiosk services. Auditing/Reporting: Kiosks will include a comprehensive inmate Kiosk reporting system. Inmate Kiosk usage (by inmate and by Kiosk) will be fully auditable, and data will be available to facility staff. Full Access Control Software: Kiosk provider will limit access to Kiosks to inmates currently in the same housing unit as the Kiosk itself. Web Based Software: Kiosk provider will provide Web based access to Kiosk command and control capabilities, including, but not limited to, the ability to suspend an inmate or friend or family privileges for a set amount of time or until a specified date and time. Solution will be compatible with Chrome, Safari, Firefox and Internet Explorer Web browsers, and will be accessible from both Microsoft Windows and Apple OS X platforms. Access Control by Group and Individual: Kiosk provider will provide the ability for staff to block Kiosk access for specific inmates or groups for a predefined period of time in the event of a disciplinary event. Security Layers: Kiosk provider will ensure that all networked traffic utilizes a proxy server and firewall configured to only allow approved addresses and content. No Escalation of Privileges in the Event of Failure: Kiosk provider will ensure that in the event of any component failure, the event will not be capable of granting escalated access privileges. Newly Booked or Moved Individuals: Kiosks will automatically allow access to newly booked inmates, or inmates who are moved between housing units, without staff involvement. No Inmate-to-Inmate Communication: Kiosk provider will ensure that no inmate-to-inmate communication will be allowed through the Kiosks. Customer Support: Kiosk provider will provide facility service and technical support for all proposed products, available 24/7/365 answered by live operators and will ensure any onsite technicians meet all of the Customer’s security requirements and levels of approval. PIN-based Login: Kiosk provider will provide a PIN based inmate login with face detection to allow access to be customized to the inmate who is using the Kiosk. Chain of Custody: Kiosk provider will retain all submitted grievance and request forms and will not delete them. This submitted information will be searchable, sortable and able to be filtered. Trust Integration: Kiosk solution will integrate with Keefe’s existing trust fund solutions, allowing inmates to pay for Kiosk use directly from their trust fund account. 24/7 Support for Facility Staff: Kiosk provider will provide no cost 24/7 support for facility staff, allowing them to ask questions or make requests including reporting of broken equipment, lost passwords, and new staff user setup. Remote Updates: To minimize technician escorts to inmate living areas, Kiosk provider will perform routine Kiosk software updates remotely. Complete Data Access: Kiosk provider will provide Web based access to Kiosk information, including the ability to instantly review all Kiosk usage data including by-inmate and by-Kiosk data, and summary data for all Kiosks. Any message exchange between inmates and approved contacts is reviewable and searchable by Customer staff. Data Ownership: All collected data, including Kiosk communication and usage data, is property of the Customer and will be stored for the life of the contract and extensions. No Staff Time Requirements: Kiosks will not require staff time to operate. will not add responsibilities for any staff members. Number of Kiosks: Kiosk provider will provide a minimum of one secure inmate Kiosk per six (6) inmates. If Kiosks in any living areas receive more than three (3) hours of sustained use/day, Kiosk provider will inform the Customer and request permission to add additional Kiosks and charging stations at no cost to the Customer. Commission Meeting Agenda 12/7/2021 2:00 PM Motion to approve an amendment to the inmate Medical Contract for the Richmond County Sheriff's Office Department:Richmond County Sheriff’s Office (RCSO) Department:Richmond County Sheriff’s Office (RCSO) Caption:Motion to approve an amendment to the inmate Medical Contract for the Richmond County Sheriff's Office. (Approved by the Public Safety Committee November 30, 2021). Background:Since pre-consolidation, the Richmond County Jail has provided a medical contract for inmates. In December 2010, the Richmond County Sheriff’s Office entered into a contract agreement with Correct Care Solutions. Since 2010, the Sheriff’s Office has experienced changes in inmate population, medical cost increases, and has removed Blue Cross/ Blue Shield from the billing process. The Sheriff’s Office has requested that it is necessary and in the best interest to remove 0.25 FTEs (10 hours) of Psychiatrist day coverage from the Staffing Plan and to add 0.50 FTEs (20 hours) per week of Psychiatric Nurse Practitioner evening coverage. Analysis:The annual operating budget of the Richmond County Sheriff's Office includes funding for the inmate medical contract each year. This upgrade has no financial change to the annual contract. Financial Impact:The inmate population in the jail is growing and medical services are expanding. This change in the contract would provide what is necessary and in the best interest of our inmates. Remove 0.25 FTEs (10 hours) of Psychiatrist day coverage from the Staffing Plan and add 0.50 FTEs (20 hours) per week of Psychiatric Nurse Practitioner evening coverage. Alternatives:None Recommendation: Cover Memo The Richmond County Sheriff's Office recommends approving this amendment to the Inmate Medical contract adjusting staffing levels. Funds are Available in the Following Accounts: Funding is available in account 273032511-5317711 for the 2022 budget. This amendment does not increase the medical contract. REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Page 1 of 3 FIRST AMENDMENT TO THE AGREEMENT FOR INMATE HEALTH CARE SERVICES AT AUGUSTA, GEORGIA (Effective June 1, 2021) This First Amendment, effective June 1, 2021 (this “Amendment”), to the Agreement for Inmate Health Care Services at the Richmond County Jail, dated June 1, 2019 (the “Agreement”) is by and between Wellpath LLC (“Wellpath”) and Augusta, Georgia (“Augusta”). WHEREAS, the Parties have determined that it is necessary and in the best interest of Covered Persons to remove 0.25 FTEs (10 hours) of Psychiatrist day coverage from the Staffing Plan and to add 0.50 FTEs (20 hours) per week of Psychiatric Nurse Practitioner evening coverage; and WHEREAS, the Parties have determined such changes to be cost-neutral; and WHEREAS, in accordance with Section 11.16, the Parties desire to amend the Agreement to memorialize such changes. NOW, THEREFORE, in consideration of the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and CCS agree as follows: 1. RECITALS. The Parties hereto incorporate the foregoing recitals as a material portion of this Amendment. 2. AMENDMENT TO EXHIBIT A OF THE AGREEMENT. The Parties agree that the Staffing Matrix attached hereto as Exhibit A, effective June 1, 2021, shall replace the previous Staffing Matrix attached to the Agreement as Exhibit A. 3. SEVERABILITY. If any terms or provisions of this Amendment or the application thereof to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Amendment or the application of such term or provision to person or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby and each term and provision of this Amendment shall be valid and enforceable to the fullest extent permitted by law. 4. DEFINITIONS. Capitalized terms used but not defined herein shall have the meaning ascribed to them under the Agreement. 5. REMAINING PROVISIONS. The remaining provisions of the Agreement not amended by this Amendment shall remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE] Page 2 of 3 IN WITNESS WHEREOF, the Parties have caused this Amendment to be executed in their names or their official acts by their respective representatives, each of whom is duly authorized to execute the same. AGREED TO AND ACCEPTED AS STATED ABOVE: Augusta, Georgia Wellpath LLC By: _________________________ By: ______________________ Name: Name: Cindy Watson Title: Title: President, Local Govt. Health Page 3 of 3 EXHIBIT A Staffing Matrix Effective June 1, 2021 TITLE Mon Tue Wed Thu Fri Sat Sun Hrs/WK FTE Health Service Administrator 8 8 8 8 8 40 1.000 Director of Nursing 8 8 8 8 8 40 1.000 Administrative Assistant 8 8 8 8 8 40 1.000 Medical Director 8 8 8 24 0.600 ARNP/PA 8 8 8 8 8 40 1.000 Charge Registered Nurse 8 8 8 8 8 8 8 56 1.400 Nurse Educator 8 8 8 8 8 40 1.000 Licensed Practical Nurse 32 32 32 32 32 32 32 224 5.600 Emergency Medical Technician 12 12 12 12 12 12 12 84 2.100 Certified Medical Assistant 16 16 16 16 16 8 8 96 2.400 Dentist 4 4 4 4 4 20 0.500 Dental Assistant 4 4 4 4 4 20 0.500 Psychiatrist 8 2 10 0.250 Mental Health Professional/MSW 16 16 16 16 16 80 2.000 Medical Records Clerk 8 8 8 8 8 40 1.000 Subtotal 854 21.350 Licensed Practical Nurse 40 40 40 40 40 40 40 280 7.000 Charge Registered Nurse 8 8 8 8 8 8 8 56 1.400 Psychiatric Nurse Practitioner 8 4 8 20 0.500 Subtotal 356 8.900 Licensed Practical Nurse 24 24 24 24 24 24 24 168 4.200 Charge Registered Nurse 8 8 8 8 8 8 8 56 1.400 Certified Medical Assistant 8 8 8 8 8 8 8 56 1.400 Subtotal 280 7.000 TOTAL 1,490 37.250 TITLE Mon Tue Wed Thu Fri Sat Sun Hrs/WK FTE Charge Registered Nurse 8 8 8 8 8 40 1.000 Subtotal 40 1.000 Licensed Practical Nurse 8 8 8 8 8 2 2 44 1.100 Subtotal 44 1.100 TOTAL 84 2.100 RCCIDAYS EVENINGS DAYS Richmond County Jail EVENINGS NIGHTS Commission Meeting Agenda 12/7/2021 2:00 PM Motion to approve the Memorandum of Understanding (MOU) and accept the annual grant amount of $50,000 from the Emergency Management Performance Grant (EMPG) and authorize the Mayor to execute the necessary documents. Department:Emergency Management Department:Emergency Management Caption:Motion to approve the Memorandum of Understanding (MOU) and accept the annual grant amount of $50,000 from the Emergency Management Performance Grant (EMPG) and authorize the Mayor to execute the necessary documents. . (Approved by the Public Safety Committee November 30, 2021). Background:Emergency Management Performance Grant is a grant provided through GEMHSA to support the implementation of the National Preparedness System by supporting the building, sustainment, and delivery of core capabilities essential to achieving the National Preparedness Goal of a secure and resilient Nation. The purpose of the EMPG program is to provide Federal grants to states to assist state, local, territorial, and tribal governments in preparing for all hazards. The Augusta-Richmond County Government, the Augusta- Richmond County Emergency Management Agency (EMA), and it’s Director agree to meet the requirements specified in the Official Code of Georgia Annotated (Section 38-3-27) of the Georgia Emergency Management Act of 1981, as amended, the Federal Emergency Management Agency (FEMA) FY2017 Emergency Preparedness Grant (EMPG) Guidance, and those rules, regulations and guidelines dictated by the Director of GEMA/HS. This year GEMA/HS has implemented a new electronic system for grant applications. This MOU is required in order to gain and maintain access to the electronic application system. This grant is awarded on an annual basis. Analysis:This MOU is required in order to apply for grants that Augusta applies for and is awarded on an annual basis. This MOU is required in order to gain and maintain access to the new Cover Memo electronic system for grant applications implemented by GEMA/HS this year. Financial Impact:Failure to approve this MOU will result in Augusta not obtaining grant money that it receives annually and alternative funding would need to be found to continue programs. Alternatives:None. Recommendation:To approve the motion and authorize the Mayor to execute the necessary documents. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Certifications Regarding Lobbying; Debarment, Suspension And Other Responsibility Matters; And Drug-Free Workplace Requirements Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 34 CFR Part 82, "New Restrictions on Lobbying," and 34 CFR Part 85, "Government-wide Debarment and Suspension (Nonprocurement) and Government-wide Requirements for Drug-Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Education determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and implemented at 34 CFR Part 82, for persons entering into a grant or cooperative agreement over $100,000, as defined at 34 CFR Part 82, Sections 82.105 and 82.110, the applicant certifies that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all subrecipients shall certify and disclose accordingly. ________________________________________________ 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS As required by Executive Order 12549, Debarment and Suspension, and implemented at 34 CFR Part 85, for prospective participants in primary covered transactions, as defined at 34 CFR Part 85, Sections 85.105 and 85.110-- A. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (2)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (Federal, State, or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. _____________________________________________ 3. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, and implemented at 34 CFR Part 85, Subpart F, for grantees, as defined at 34 CFR Part 85, Sections 85.605 and 85.610 - A. The applicant certifies that it will or will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on-going drug-free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will: (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; Certifications Regarding Lobbying;Debarment,Suspension And OtherResponsibilityMatters;And Drug-Free Workplace Requirements Applicants should refer to the regulations cited below to determine the certification to which they are required to attest.Applicantsshouldalsoreviewtheinstructionsforcertificationincludedintheregulationsbeforecompletingthisform.Signature of this formprovidesforcompliancewithcertificationrequirementsunder34CFRPart82,New Restrictions on Lobbying,and 34 CFR Part 85, “Government-wide Debarment and Suspension (Nonprocurement)and Government-wide Requirements for Drug-Free Workplace(Grants).The certifications shall be treated as a material representation of fact upon which reliance will be placed when theDepartmentofEducationdeterminestoawardthecoveredtransaction,grant,or cooperative agreement. 1.LOBBYING As required by Section 1352,Title 31 of the U.S.Code,andimplementedat34CFRPart82,for persons entering into a grant or cooperative agreement over $1 00,000,as defined at 34 CFRPart82,Sections 82.105 and 82.110,the applicant certifies that: (a)No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencingorattemptingtoinfluenceanofficeroremployeeofanyagency,a Member of Congress,an officer or employee of Congress,or anemployeeofaMemberofCongressinconnectionwiththemakingofanyFederalgrant,the entering into of any cooperativeagreement,and the extension,continuation,renewal,amendment,or modification of any Federal grant or cooperative agreement; (b)If any funds other than Federal appropriated funds have beenpaidorwillbepaidtoanypersonforinfluencingorattemptingto influence an officer or employee of any agency,a Member ofCongress,an officer or employee of Congress,or an employee ofaMemberofCongressinconnectionwiththisFederalgrantorcooperativeagreement,the undersigned shall complete andsubmitStandardForm-LLL,“Disclosure Form to ReportLobbying,”in accordance with its instructions; (c)The undersigned shall require that the language of thiscertificationbeincludedintheawarddocumentsforallsubawards at all tiers (including subgrants,contracts under grants andcooperativeagreements,and subcontracts)and that allsubrecipientsshallcertifyanddiscloseaccordingly. 2.DEBARMENT,SUSPENSION,AND OTHERRESPONSIBILITYMATTERS As required by Executive Order 12549,Debarment andSuspension,and implemented at 34 CFR Part 85,for prospectiveparticipantsinprimarycoveredtransactions,as defined at 34 CFR Part 85,Sections 85.105 and 85.110-- A.The applicant certifies that it and its principals: (a)Are not presently debarred,suspended,proposed fordebarment,declared ineligible,or voluntarily excluded from covered transactions by any Federal department or agency; (b)Have not within a three-year period preceding this application been convicted of or had a civil judgement rendered against themforcommissionoffraudoracriminaloffenseinconnectionwithobtaining,attempting to obtain,or performing a public (Federal, State,or local)transaction or contract under a public transaction;violation of Federal or State antitrust statutes or commission ofembezzlement,theft,forgery,bribery,falsification or destruction of records,making false statements,or receiving stolen property; (c)Are not presently indicted for or otherwise criminally or civillychargedbyagovernmentalentity(Federal,State,or local)withcommissionofanyoftheoffensesenumeratedinparagraph(2)(b)of this certification;and (d)Have not within a three-year period preceding this applicationhadoneormorepublictransaction(Federal,State,or local) terminated for cause or default;and B.Where the applicant is unable to certify to any of the statements in this certification,he or she shall attach anexplanationtothisapplication. 3.DRUG-FREE WORKPLACE(GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988,andimplementedat34CFRPart85,Subpart F,for grantees,asdefinedat34CFRPart85,Sections 85.605 and 85.610 - A.The applicant certifies that it will or will continue to provide adrug-free workplace by: (a)Publishing a statement notifying employees that the unlawfulmanufacture,distribution,dispensing,possession,or use of acontrolledsubstanceisprohibitedinthegranteesworkplaceandspecifyingtheactionsthatwillbetakenagainstemployeesforviolationofsuchprohibition; (b)Establishing an on-going drug-free awareness program toinformemployeesabout: (1)The dangers of drug abuse in the workplace; (2)The grantees policy of maintaining a drug-free workplace; (3)Any available drug counseling,rehabilitation,and employee assistance programs;and (4)The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c)Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statementrequiredbyparagraph(a); (d)Notifying the employee in the statement required by paragraph(a)that,as a condition of employment under the grant,theemployeewill: (1)Abide by the terms of the statement;and (2)Notify the employer in writing of his or her conviction for aviolationofacriminaldrugstatuteoccurringintheworkplace no later than five calendar days after such conviction; (e) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to: Director, Grants Policy and Oversight Staff, U.S. Department of Education, 400 Maryland Avenue, S.W. (Room 3652, GSA Regional Office Building No. 3), Washington, DC 20202-4248. Notice shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted: (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address. city, county, state, zip code) DRUG-FREE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, and implemented at 34 CFR Part 85, Subpart F, for grantees, as defined at 34 CFR Part 85, Sections 85.605 and 85.610- A. As a condition of the grant, I certify that I will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity with the grant; and B. If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, I will report the conviction, in writing, within 10 calendar days of the conviction, to: Director, Grants Policy and Oversight Staff, Department of Education, 400 Maryland Avenue, S.W. (Room 3652, GSA Regional Office Building No. 3), Washington, DC 20202-4248. Notice shall include the identification number(s) of each affected grant. Check [ ] if there are workplaces on file that are not identified here. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. NAME OF APPLICANT PR/AWARD NUMBER AND / OR PROJECT NAME PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE SIGNATURE DATE ED 80-0013 12/98 (e)Notifying the agency,in writing,within 10 calendar days afterreceivingnoticeundersubparagraph(d)(2)from an employee orotherwisereceivingactualnoticeofsuchconviction.Employers of convicted employees must provide notice,including position title,to:Director,Grants Policy and Oversight Staff,U.S.Department ofEducation,400 Maryland Avenue,SW.(Room 3652,GSARegionalOfficeBuildingNo.3),Washington,DC 20202-4248.Notice shall include the identification number(s)of each affectedgrant; (f)Taking one of the following actions,within 30 calendar days ofreceivingnoticeundersubparagraph(d)(2),with respect to anyemployeewhoissoconvicted: (1)Taking appropriate personnel action against such anemployee,up to and including termination,consistent with therequirementsoftheRehabilitationActof1973,as amended;or (2)Requiring such employee to participate satisfactorily in a drugabuseassistanceorrehabilitationprogramapprovedforsuchpurposesbyaFederal,State,or local health,law enforcement,or other appropriate agency; (g)Making a good faith effort to continue to maintain adrug-free workplace through implementation of paragraphs (a),(b),(c),(d),(e),and (f). B.The grantee may insert in the space provided below the site(s)for the performance of work done in connection with the specificgrant: Place of Performance (Street address.city,county,state,zipcode) DRUG-FREE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988,andimplementedat34CFRPart85,Subpart F,for grantees,asdefinedat34CFRPart85,Sections 85.605 and 85.610- A.As a condition of the grant,I certify that I will not engage in theunlawfulmanufacture,distribution,dispensing,possession,or useofacontrolledsubstanceinconductinganyactivitywiththegrant; and B.If convicted of a criminal drug offense resulting from a violationoccurringduringtheconductofanygrantactivity,I will report theconviction,in writing,within 10 calendar days of the conviction,to: Director,Grants Policy and Oversight Staff,Department ofEducation,400 Maryland Avenue,SW.(Room 3652,GSARegionalOfficeBuildingNo.3),Washington,DC 20202-4248. Notice shall include the identification number(s)of each affectedgrant. Check [1 if there are workplaces on file that are not identified here. As the duly authorized representative of the applicant,I hereby certify that the applicant will comply with the above certifications. NAME OF APPLICANT PR/AWARD NUMBER AND /OR PROJECT NAME PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE SIGNATURE DATE ED 80-0013 12/98 1 Memorandum of Understanding (MOU) Instructions 1. The MOU consists of a 7-page document and 1 Exhibit (A); 8 pages total. All documents must be completed and returned Georgia Emergency Management and Homeland Security Agency (GEMA/Homeland Security) with the appropriate signatures. 2. The MOU and Exhibit A should be filled out electronically. If you cannot fill it out electronically, please make sure to print all of the required information. 3. To complete the MOU and Exhibit A, use either the tab key or the arrow keys to move through the pages field by field. All fields must be completed prior to submission. 4. Once all required information has been entered into the fillable fields of the MOU and Exhibit A; print the entire document. 5. The last page of the MOU document, before Exhibit A, requires the signature of the Chief Elected/Appointed Official or the Chief Executive Officer, title, telephone and date of signature. The MOU also requires the signature of a witness. 6. Exhibit A (Designation of Applicant’s Agent) requires the signature of the Chief Elected/Appointed Official or the Chief Executive Officer, title, telephone and date of signature. An email address is required to obtain access to the system (all email addresses must be unique, no duplicates are allowed). 7. Please Note: The same person must sign the MOU and Exhibit A. 8. Once the documents are complete and signed, they must be sent to the following email address: HSgrants@gema.ga.gov Note: If email is unavailable to you, a paper copy may be submitted to the address below. Please note that this may slow the process of obtaining access to the Georgia EM Grants Manager system as it will need to be scanned and uploaded by our staff. GEMA/Homeland Security Post Office Box 18055 Atlanta, Georgia 30316 ATTN: Preparedness Grants and Programs Division 2 Memorandum of Understanding (MOU) BY and BETWEEN GEORGIA EMERGENCY MANAGEMENT AND HOMELAND SECURITY AGENCY AND Augusta-Richmond County Emergency Management Agency This Memorandum of Understanding (Agreement) made and entered into between the Georgia Emergency Management and Homeland Security Agency, hereinafter referred to as the “GEMA/Homeland Security” and Augusta-Richmond County EMA. officially domiciled at 3117 Deans Bridge Rd. Augusta, GA 30906 hereinafter referred to as Subgrantee relating to application for grants under the U. S. Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA) Emergency Management Performance Grant (EMPG). WHEREAS, GEMA/Homeland Security as the State Administrative Agency (SAA), on behalf of the State of Georgia, is the Grantee receiving funding under the DHS FEMA EMPG as authorized under Section 662 of the Post-Katrina Emergency Management Reform Act of 2006 (PKEMRA), as amended, (Pub. L. No. 109-295) (6 U.S.C. 762); the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (Pub. L. No. 93-288) (42 U.S.C. 5121 et seq.); the Earthquake Hazards Reduction Act of 1977, as amended (Pub. L. No. 95- 124) (42 U.S.C. 7701 et seq.); and the National Flood Insurance Act of 1968, as amended (Pub. L. No. 90-448) (42 U.S.C. 4001 et seq.) and has the fiduciary responsibility to ensure those funds are spent on eligible Subgrantee facilities and activities, and are properly reimbursed to the Subgrantee; and WHEREAS, the agreement is part of the referenced Subgrantee’s application and profile record in the Georgia EMGrantsPro system and will become effective and binding upon approval by GEMA/Homeland Security; NOW, THEREFORE, in consideration thereof, the parties hereby agree as follows: Responsibilities of the Subgrantee The Subgrantee is primarily responsible for compliance with and agrees to obtain a working knowledge of the above-mentioned Acts and all applicable DHS FEMA regulations as provided in all applicable Subparts of 2 Code of Federal Regulations (CFR) Part 200 and 44 CFR that govern the EMPG and shall adhere to the application of those above-mentioned 3 Acts and those applicable regulations and policies as a condition for acceptance of and expenditure of said DHS FEMA funding. As a further condition for the acceptance of and expenditure of DHS FEMA funding, the Subgrantee hereby agrees to follow all GEMA/Homeland Security guidelines, regulations and directives, to include but not to limited to the following: · Use gema.ga.gov and gaemgrants.com, as applicable to access forms, request time extensions and submit requests for reimbursements with supporting documentation. · The Subgrantee shall assure that all project documents are made available to GEMA/Homeland Security, DHS FEMA, Office of Inspector General (OIG) or to any state or federal agency as determined by GEMA/Homeland Security, to include but not limited to: procurement policies, accounting policies, and all other documentation substantiating eligible costs. · All records, reports, documents and other materials delivered or transmitted to GEMA/Homeland Security by the Subgrantee shall become the property of GEMA/Homeland Security. · The Subgrantee will be required to execute a separate subgrant agreement for EMPG in addition to this MOU. · The Subgrantee agrees to monitor gema.ga.gov and gaemgrants.com for any changes in law, regulations, policy or procedure which affects the Subgrantee’s grant requirements. · The undersigned, as the appointed agent of the Subgrantee hereby declares that the individuals named herein as the Subgrantee’s agents are knowledgeable of the requirements outlined herein. The subgrantee hereby acknowledges that failure to adhere to all applicable state and federal law, regulations, policies and directives may result in suspension and/or termination of funding/reimbursements and/or all or part of the de-obligation of previously received funding. Responsibilities of GEMA/Homeland Security · GEMA/Homeland Security agrees to maintain gaemgrants.com subject to the availability of funding. · GEMA/Homeland Security shall, through the Subgrantee’s assigned Program Manager and Grant Specialist, review Subgrantee’s requests for advancement of funds, assist Subgrantee in correcting deficiencies, and disburse funds to the Subgrantee in a timely manner as possible. · GEMA/Homeland Security shall communicate to the Subgrantee, in a timely manner, any changes in law, regulations, policy or procedure which affects the Subgrantee’s grant requirements through gaemgrants.com, gema.ga.gov and/or the appropriate alternate methods of communication. · GEMA/Homeland Security shall provide technical assistance to assist the Subgrantee in the formulation and management of its DHS FEMA grants (see Disclaimer paragraph herein below). 4 Terms of Agreement This MOU shall remain in full force and effect for the duration of any DHS FEMA grants Subgrantee receives, including the record retention period. Any changes in regulations, policies or procedures applicable to EMPG funding shall constitute an amendment to this Agreement. Limitation of Liability The Subgrantee acknowledges that this MOU is intended for the benefit of the Grantee and the Subgrantee and does not confer any rights upon any third parties. Furthermore, the Subgrantee hereby agrees to hold harmless and indemnify Grantee from any actions or claims brought on behalf of any third parties, including those to whom services or materials are provided under any project funded by the DHS FEMA EMPG. Disclaimer In its capacity as the Grantee and state fiduciary of (DHS FEMA) and other federal grant funds, GEMA/Homeland Security provides technical assistance to current and potential Subgrantees (collectively referred to as “Subgrantees”) of the FEMA EMPG. Technical assistance includes the application of specific knowledge to a specific situation in order to address a specific need and as such is not a legal opinion or an endorsement of the Subgrantee’s grants management practice. GEMA/Homeland Security does not render legal opinions to Subgrantees, but rather provides information intended to assist a Subgrantee prudently manage its own grants management program by employing effective methods and sound practices to manage DHS FEMA grants. Technical assistance and other grants management information provided by GEMA/Homeland Security and adopted by the Subgrantee, does not serve as GEMA/Homeland Security’s endorsement of the Subgrantee’s grants management practice and does not relieve the Subgrantee of the responsibility of assuring that its grants management practice is in compliance with applicable laws, regulations and policies as required by the DHS FEMA EMPG. The Subgrantee, by its decision to participate in the EMPG, bears the ultimate responsibility for ensuring compliance with all applicable state and federal laws, regulations and policies, and bears the ultimate consequences of any adverse decisions rendered by GEMA/Homeland Security, DHS FEMA, or any other state and federal agencies with audit, regulatory, or enforcement authority. Throughout the grants management process, GEMA/Homeland Security, as the state fiduciary of this federal funding, reserves the right to demand that the Subgrantee comply with all applicable state and federal laws, regulations and policies, require refund of advanced funds and 5 take any and all other actions it deems appropriate to protect those funds for which it is responsible. Additional Laws and Policies The Subgrantee agrees to abide by the requirements of the following as applicable: Title VI and VII of the Civil Rights Act of 1964, as amended by the Equal Opportunity Act of 1972, Federal Execution Order 11246, the Federal Rehabilitation Act of 1973, as amended, the Vietnam Era Veteran’s Readjustment Assistance Act of 1974, Title IX of the Education Amendments of 1972, the Age Act of 1975, and the Americans with Disabilities Act of 1990. The Subgrantee agrees not to discriminate in its employment practices, and will render services under this Agreement without regard to race, color, religion, sex, national origin, veteran status, political affiliation, or disabilities. Any act of discrimination committed by the Subgrantee or failure to comply with these statutory obligations, when applicable, shall be grounds for termination of this Agreement. Notices All notices and other communications pertaining to this Agreement shall be in electronic format and/or writing and shall be transmitted either by email, personal hand delivery (and receipted for) or deposited in the United States Mail, as certified mail, return receipt requested and postage prepaid, to the other party, addressed as follows: GEMA/Homeland Security Post Office Box 18055 Atlanta, Georgia 30316 ATTN: Preparedness Grants and Programs Or HSgrants@gema.gov 6 IN WITNESS WHEREOF, the parties have executed this Agreement on the day, month and year first written above. WITNESSES: State’s Witness Preparedness Grants and Programs Deputy Manager Date: Telephone Number: (404) 635-7095 Subgrantee’s Witness Chief Elected/Appointed Official Name: Lena Bonner, Clerk of Commission or Chief Executive Officer Name: Hardie Davis, Jr. Title: Mayor Date: Telephone Number: 706-821-1831 7 Exhibit A Designation of Applicant’s Agent Provide the information below for 1 primary, 1 alternate (optional), 1 authorized and 1 financial individual that will be designated as agents. Changes to the below authorized agents must be communicated to GEMA/Homeland Security in the manner as detailed above within fourteen (14) days of such change. Primary Agent’s Name: Mie Lucas Title: Deputy EMA Director Telephone number: 706-821-1157 Email Address: dlucas@augustaga.gov Alternate Agent’s Name (Optional): Antonio Burden Title: Fire Chief Telephone number: 706-821-1640 Email Address: aburden@augustaga.gov Authorized Agent’s Name: Hardie Davis, Jr. Title: Mayor Telephone number: 706-821-1831 Email Address: hdavisjr@augustaga.gov Financial Agent’s Name: Nancy He Title: Grants Manager Telephone number: 706-821-2581 Email Address: mhw@augustaga.gov 8 I, as Chief Elected or Appointed Official of the Subgrantee am authorized to execute and file an Application for the Emergency Management Performance Grant Program on behalf of the Subgrantee for the purpose of obtaining funding under the above-mentioned Acts. The above named agent(s) is/are authorized to represent and act on behalf of the Subgrantee in all dealings with the State of Georgia on all matters pertaining to the management of grants as required by this MOU. Chief Elected/Appointed Official Date or Chief Executive Officer Name: Hardie Davis, Jr. Title: Mayor Telephone Number: 706-821-1831 Commission Meeting Agenda 12/7/2021 2:00 PM Purchase Approval Request Sole Source SCBA Bottles from Vallen Department:Fire Department:Fire Caption:Motion to approve the purchase of SCBA air bottles as a sole source from Vallen for the Augusta Fire Department. . (Approved by the Public Safety Committee November 30, 2021). Background:The Augusta Fire Department would like to purchase 210 SCBA bottles that will replace current inventory that will expire in 2022. Vallen is the sole source for this purchase due to parts/equipment standardization and this is the only item that will meet the specialized needs of the department to perform the intended function. Analysis:SCBA bottles are required as part of firefighter personal protective equipment. They are a component of the air pack which enables the firefighter to breath inside or around burning structures. Financial Impact:210 bottles @ $1,065 each for a total of $223,650. Alternatives:None at this time Recommendation:To approve the motion to approve the purchase of SCBA air bottles as a sole source from Vallen for the Augusta Fire Department. Funds are Available in the Following Accounts: Funds are available in the 2021 budget account number 274034110-5426120. Cover Memo REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 12/7/2021 2:00 PM Motion to Accept Terms and Conditions of Governor's Public Safety Officials and Frist Responders Pay Supplement and to Authorize MOU with Richmond County Board of Education Department:Finance Department:Finance Caption:Motion to Accept Terms and Conditions of Governor's Public Safety Officials and First Responders Pay Supplement and to Authorize MOU with Richmond County Board of Education. (Approved by the Finance Committee November 30, 2021) Background:The State of Georgia authorized expenditure of a portion of its ARP funds for the purpose of a $1000 pay supplement grant for sworn Public Safety Officials and First Responders. State government agencies and authorities, municipal and county governments, and emergency medical services agencies licensed by the Department of Public Health are eligible to apply. Eligible Employees are employees of one of the above organizations serving full-time as a public safety official or first responder in a position requiring active certification as a law enforcement officer, jail officer, communications officer, firefighter, or emergency medical services personnel from the state from either the Georgia Peace Officer Standards and Training Council (POST), Georgia Firefighter Standards and Training Council (GFSTC), or Department of Public Health (DPH). Employees serving in those capacities and having active certifications are eligible if they were actively employed by an eligible organization between August 1 and August 31, 2021. Boards of Education which have employees meeting the eligibility criteria must request the County government to apply as the rules prohibit a school system from applying directly. Richmond County Board of Education has indicated they have eligible employees and desire Augusta to apply on their behalf. Analysis:Augusta has approximately 1000 employees who are eligible for the one time payment. After acceptance of terms and conditions, Augusta would compile the necessary documentation to apply for grant funding prior to the December 31, 2021 deadline. If approved an MOU with the Richmond County Board of Cover Memo Education would be developed in order for Augusta to apply on their behalf. RCBOE has identified approximately 30 who are eligible. Once the application is approved by the State and funding received, Augusta would develop a timeline to distribute those funds to employees who were identified as eligible for the supplement. The RCBOE portion would be forwarded in order for it to distribute the funds to affected employees. Financial Impact:There is no net incremental cost to Augusta, simply allocation of staff resources to complete the project. Alternatives:1)accept the grant but do not execute MOU with RCBOE 2)do not accept the grant Recommendation:Accept the grant and execute MOU with RCBOE Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo 1 | P a g e STATE FISCAL RECOVERY FUND TERMS AND CONDITIONS FOR PUBLIC SAFETY OFFICIALS AND FIRST RESPONDERS PAY SUPPLEMENT 2 | P a g e About This Document This agreement (the “Grant Agreement” or “Agreement”) is entered into between the State of Georgia (the “State”) and the undersigned grantee (“Grantee”) (hereinafter collectively referred to as the “Parties”). This Grant Agreement sets forth the terms and conditions applicable to payments distributed by the State in the form of payments using grant funds to the Grantee from the State Fiscal Recovery Fund (SFRF) established within Section 602 of the Social Security Act, as added by Section 9901 of the American Rescue Plan Act (ARPA), Pub. L. No. 117-2 (03/11/2021), (hereinafter referred to as “Grant”). The Grantee’s official representative, whose signature appears below, will execute the interest and responsibilities of the Grantee. These requirements are in addition to those that can be found within the grant management system administered by the Governor’s Office of Planning and Budget (“OPB”), GeorgiaGrants (formerly known as GeorgiaCares), to which the Grantee agrees when accepting the Grant. Other state and federal requirements and conditions may apply to the Grant, including but not limited to 2 C.F.R. § 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and applicable subparts; the State funding announcement under which Grant payments are distributed; and any applicable documents referenced in the documents listed above. To the extent the terms and conditions of this Grant Agreement do not address a particular circumstance or are otherwise unclear or ambiguous, such terms and conditions are to be construed consistent with the general objectives, expectations and purposes of this Grant Agreement and in all cases, according to its fair meaning. The Grantee acknowledges that it and its counsel have reviewed this Grant Agreement and that any rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Grant Agreement. Any vague, ambiguous or conflicting terms shall be interpreted and construed in such a manner as to accomplish the purpose of the Grant Agreement. 3 | P a g e 1. Definitions 1.1 As used in this Agreement, the following terms shall have the following meanings: 1. “ARPA” means H.R. 1319, the federal American Rescue Plan Act of 2021, Pub. L. No. 117-2 (03/11/2021). 2. “Coronavirus State Fiscal Recovery Funds” or “CSFRF” means the fund established within Section 602 of the Social Security Act, as added by Section 9901 of the American Rescue Plan Act (ARPA), Pub. L. No. 117-2 (03/11/2021). 3. “GeorgiaGrants (formerly known as GeorgiaCares)” means the grant management system administered by OPB to facilitate distribution or reimbursement of allowable expenditures of CSFRF to the Grantee. 4. “Grant” means the payments distributed by the State in the form of a grant to the Grantee from the CSFRF. 5. “Grant Agreement” or “Agreement” means this agreement between the State of Georgia and the Grantee as defined by the CSFRF Terms and Conditions and its incorporated documents. 6. “Grantee” means the undersigned entity. 7. “Public Safety Officials and First Responders” Means individuals who hold active, valid certifications as law enforcement officers, jail or prison officers, or communications officers from the Georgia Peace Officer Standards and Training Council (POST); as firefighters from the Georgia Firefighter Standards and Training Council (GFSTC); or as emergency services workers from the Georgia Department of Public Health; who are employed full-time (or an average of 40 hours per week) in roles requiring their respective certifications, or who are volunteer firefighters in active standing on their department’s roster as submitted to GFSTC. 8. “OPB” means the Governor’s Office of Planning and Budget. 9. “Parties” means collectively the parties to this Agreement, namely, the State and the Grantee. 10. “State” means the State of Georgia. 4 | P a g e 2. General Requirements and Conditions 2.1 Applicability of Grant Agreement and Provisions This Grant Agreement is subject to the additional terms, conditions and requirements of other laws, rules, regulations, and plans recited herein and is intended to be the full and complete expression of and constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and all prior and contemporaneous understandings, agreements, promises, representations and terms and conditions, both oral and written, are superseded and replaced by this Grant Agreement. Notwithstanding any expiration or termination of this Grant Agreement, the rights and obligations pertaining to the Grant close-out, cooperation and provision of additional information, return of Grant funds, audit rights, records retention, public information and any other provision implying survivability shall remain in effect after the expiration or termination of this Grant Agreement. 2.2 Legal Authority The Grantee certifies that it possesses legal authority to enter into this Grant Agreement and accept payments for which the Grantee is eligible pursuant to the funding announcement. By submitting requests or receiving reimbursement for requests made within the scope of this Grantee Agreement, Grantee certifies that it is an employer of qualified public safety officials and first responder personnel and is authorized to submit such requests as defined in this Agreement, and that requests for payment will be based on the Grantee’s active payroll or active volunteer firefighter roster as of August of 2021. Grantee hereby represents and warrants that it has the power and is duly authorized to enter into this Grant Agreement with regard to all matters described herein upon the terms set forth and that the persons executing this Agreement on behalf of Grantee are the authorized agents of Grantee for the purpose of executing this Agreement. The Parties acknowledge and agree that this Agreement constitutes a valid and legally binding obligation of each Party, enforceable in accordance with its terms. 2.3 Grant Acceptance The state funding announcement remains an offer until the fully and appropriately executed copy of this Grant Agreement is received by OPB. Upon approval of the Grant Agreement, OPB or its designee will issue a statement of confirmation or acceptance (“funding announcement”) to the Grantee through Grantee’s representative listed in Section 1.20 of this Agreement, upon receipt of which the Grantee may begin submissions to Georgia Grants (formerly known as GeorgiaCares) for reimbursement as specified in this Agreement. 2.4 Performance Period Funding has been authorized for eligible payments to be made by the Grantee during the 5 | P a g e performance period for this Grant which is between October 1, 2021 and December 31, 2021 or the date of exhaustion of funding for the purpose of this Grant as solely determined by OPB, whichever is earlier (“performance period”). All funds must be expended before the end of the liquidation period as referenced in Section 7.6. The Grantee must submit their request for payment through GeorgiaGrants (formerly known as GeorgiaCares) for this Grant by no later than December 31, 2021. The state will not be obligated to reimburse expenses incurred prior to or after the performance period. 2.5 General Responsibility and Compliance Employers of public safety officials and first responders must submit a request on behalf of their qualifying employees. Local governments, including municipal and county governments, must apply on behalf of all qualifying employees within their jurisdiction. Local governments must submit a separate payment request for each department within their jurisdiction. Payroll information must show each employee’s name, position title, active pay status, full time status, certification title and number, and reflect that the individual was an employee during the period between August 1 and August 31 of 2021. Due to the volume of requests for reimbursement and the limited performance period, Grantee is solely responsible for determining the accuracy of documentation submitted for submitted under this Agreement. Grant funds may only be used to provide a $1,000 supplement for full-time public safety officials and first responders or $300 supplement for volunteer firefighters and associated federal payroll taxes. Payments to individuals are classified as taxable wages. The Grantee is responsible for paying all federal payroll taxes and reflecting payments to recipients on forms W-2 or 1099 as applicable. Payments will be made directly to the Grantee only. Qualifying employees must hold a valid and active certification as a law enforcement officer, jail officer, communications officer, firefighter, or emergency medical technician from the state from either the Georgia Peace Officer Standards and Training Council (POST), Georgia Firefighter Standards and Training Council (GFSTC), or Department of Public Health (DPH) and currently serve full-time in a position requiring such certification. Qualifying individuals who work as a first responder in two or more jurisdictions may only receive a supplement through their primary employer. The Grantee is responsible for ensuring that payments are only made to individuals for whom they are the primary employer. The Grantee must remit to the Office of Planning and Budget any funds received for an individual who has received the supplemental payment through another employer. In addition to prohibited costs set forth under Section 6 of this Agreement, grant funds may not be used to supplant any other announced supplemental or premium pay for public safety officials or first responders or for other salaries, wages, overtime costs, insurance, employee fringe benefits, or other indirect expenses associated with administration or processing. Requests for payments for eligible staff must be received by December 31, 2021 or the date of exhaustion of funding as solely determined by OPB, whichever is earlier. The Grantee will be responsible for submitting the required documentation for reimbursement as specified by OPB through GeorgiaGrants (formerly known as GeorgiaCares). 6 | P a g e Recipients of CSFRF Grant funds must adhere to any applicable federal and state statutes, rules, or regulations as applicable in the expenditure of these funds, and including but not limited to Executive Orders issued by the Governor; requirements, guidelines, and directives issued by OPB for GeorgiaGrants (formerly known as GeorgiaCares). The Grantee also certifies that it is subject to the requirements of Ga. Comp. R. & Regs. r. 111-8-56-.01 et seq. governing Grantees. In the event that one or more provisions of said applicable state statutes, rules, or regulations shall conflict with the applicable federal laws, rules, or regulations, the federal law, rule, or regulation shall control, however, in the event that the state statute, rule, or regulation is more restrictive it shall control. The Grantee certifies compliance with these eligible expenses by executing this Grant Agreement, including the American Rescue Plan Act CSFRF Eligibility Certification Form in Exhibit C, which is attached hereto and incorporated for all purposes. The Grantee is responsible for the integrity of the documents submitted through GeorgiaGrants (formerly known as GeorgiaCares) in support of claims for payments of expenditures; accountability for all funds awarded; and compliance with state guidelines, policies and procedures and applicable federal and state laws and regulations. The Grantee will document appropriate protocols and procedures to support the types of expenditures claimed for reimbursement and to ensure that all terms, conditions and specifications of the Grant are met. The Grantee agrees to maintain an accounting system or process integrated with adequate internal fiscal and management controls to capture and report Grant data with accuracy, providing full accountability for expenditures. This system or process shall provide reasonable assurance that the Grantee is managing federal and state financial assistance programs in compliance with all applicable laws and regulations, including the reporting requirements outlined by the United States Department of the Treasury, except that records pertaining to this Grant Agreement must be retained for the period indicated in Section 5.4 of this Agreement. 2.6 Amendments and Changes to the Grant Agreement The state may make changes to the Grant. Changes include, but are not limited to, modifying the scope of the Grant Project, adding funds to previously un-awarded cost items or categories, or changing funds in any awarded cost items or category. In the event the State determines that changes are necessary to the Grant award document after an award has been made, including changes to the performance period or terms and conditions, the Grantee will be notified of the changes in writing, and any such changes shall be documented in GeorgiaGrants (formerly known as GeorgiaCares). The Grantee has no right or entitlement to payment or reimbursement with Grant funds. The Grantee agrees that nothing in this Grant Agreement will be interpreted to create an obligation or liability of the state in excess of the availability of funds for reimbursement as described in the funding announcement. The Grantee agrees that any act, action or representation by either party, 7 | P a g e their agents or employees that purports to waive or alter the terms of this Grant Agreement or increase the maximum liability of the state is void unless an amendment to this Grant Agreement is consented to by both parties in writing and is documented in GeorgiaGrants (formerly known as GeorgiaCares). Notwithstanding this requirement, it is understood and agreed by the parties hereto that changes in local, state and federal rules, regulations or laws applicable hereto may occur during the term of this Grant Agreement and that any such changes shall be automatically incorporated into this Grant Agreement without written amendment hereto, and shall become a part hereof as of the effective date of the rule, regulation or law. 2.7 Public Information and Meetings Notwithstanding any provisions of this Grant Agreement to the contrary, the Grantee acknowledges that the State of Georgia, OPB, and this Grant Agreement are subject to the Georgia Open Records Act, O.C.G.A. § 50-18-71, et seq (ORA). The Grantee acknowledges that OPB will comply with the ORA, as interpreted by judicial opinions and opinions of the Attorney General of the State of Georgia. The Grantee acknowledges that information created or exchanged in connection with this Grant Agreement, including all reimbursement documentation submitted to OPB, is subject to the ORA, whether created or produced by the Grantee or any third party, and the Grantee agrees that information not otherwise excepted from disclosure under the ORA will be available in a format that is accessible by the public at no additional charge to OPB or the State. The Grantee will cooperate with the State and OPB in the production of documents or information responsive to a request for information. 2.8 Remedies for Non-Compliance If the State determines that the Grantee fails to comply with any term of this Grant Agreement, whether stated in a federal or state statute or regulation, an assurance, a state plan or application, a funding announcement, or any other applicable requirement, the State, in its sole discretion, may take actions including: 1. Imposing sanctions; 2. Temporarily withholding payments pending correction of the deficiency or imposing a corrective action plan intended to bring the Grantee into compliance with this Grant Agreement. A corrective action plan shall be a compulsory set of actions mandated by OPB that will ensure the Grantee will take certain actions to bring it into compliance with the terms of this Grant Agreement. If the Grantee fails to complete any imposed corrective action plan within 60 days, OPB reserves the right to require the Grantee to return any previous Grant fund reimbursements in a manner and timeframe as determined by OPB; 3. Requiring the Grantee to return or offset previous reimbursements to OPB in a manner and timeframe as determined by OPB. By entering into this Grant Agreement, Grantee specifically accepts and acknowledges that any noncompliance with the terms of this Grant Agreement shall entitle the State to implement this remedy, regardless of whether or not the previous 8 | P a g e reimbursements were made for allowable costs; 4. Disallowing or denying use of funds for all or part of the cost of the activity or action not in compliance; 5. Disallowing claims for reimbursement; 6. Wholly or partially suspending or terminating the Grant; 7. Prohibiting the Grantee from applying for or receiving additional funds for other grant programs administered by the State until repayment to OPB is made and any other compliance or audit finding is satisfactorily resolved; or 8. Taking other remedies or appropriate actions. If OPB elects to implement whole or partial suspension or termination of the Grantee’s Grant in accordance with this Section of the Grant Agreement, the Grantee’s costs resulting from Grant eligible expenditures incurred during any such suspension or after termination of the Grant are not allowable costs unless OPB expressly authorizes them either in the notice of suspension or termination or subsequently. The State, at its sole discretion, may impose sanctions without first requiring a corrective action plan. The Grantee acknowledges and agrees that the State has the rights and remedies stated above and any other rights and remedies set forth in this Grant Agreement which are fair and reasonable, and further acknowledges and agrees that no action taken by the State to assert or enforce any of these rights or remedies shall excuse the Grantee from performance of its obligations under this Agreement. To the extent allowed by law, the Grantee waives any claims to dismiss obligations to pay the State for amounts owed due to non-compliance stemming from the Grantee’s actions to dissolve, become insolvent, seek bankruptcy protection, or exercise other actions appearing to affect its ability to pay. 2.9 False Statements by Grantee By acceptance of this Grant Agreement, the Grantee makes all the statements, representations, warranties, guarantees, certifications, and affirmations included in this Grant Agreement. If applicable, the Grantee will comply with the requirements of 31 U.S.C. § 3729-3733, which set forth that no grantee of federal payments shall submit a false claim for payment. If any of the statements, representations, certifications, affirmations, warranties or guarantees are false or if the Grantee signs or executes this Grant Agreement with a false statement or it is subsequently determined that the Grantee has violated any of the statements, representations, warranties, guarantees, certifications or affirmations included in this Grant Agreement, then the 9 | P a g e State may consider this action or activity a possible default under this Grant Agreement and may terminate or void this Grant Agreement for cause and pursue other remedies available to the State under this Grant Agreement and applicable law. False statements or claims made in connection with grants may result in fines, imprisonment, and debarment from participating in federal grants or contracts and/or any other remedy available by law, potentially including the provisions of 31 U.S.C. § 3801-3812, which details the administrative remedies for false claims and statements made. 2.10 Conflict of Interest Safeguards The Grantee will establish safeguards to prohibit its employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain, whether for themselves or others, particularly those with whom they have family, business, or other ties. The Grantee will operate with complete independence and objectivity without actual, potential or apparent conflict of interest with respect to its performance under this Grant Agreement in accordance with Title 45 Chapter 10 of the O.C.G.A, 18 U.S.C. § 666, 18 U.S.C. § 1031, and 2 C.F.R. § 200.318. 2.11 Fraud, Waste and Abuse The Grantee acknowledges and assents that the State of Georgia shall not tolerate fraud, waste or misuse of funds received from any state entity (See Title 45 Chapter 10 of the O.C.G.A.) and that any violation of state or federal law, state policies or standards of ethical conduct shall result in penalties including, but not limited to, suspension of current and future funds or reimbursement, suspension or debarment from federal and state grants, recoupment of monies reimbursed or provided under an award, remedies set forth in 2 C.F.R. § 200.338, and civil and/or criminal penalties. In the event the Grantee becomes aware of any allegation or a finding of fraud, waste or misuse of funds received from OPB that is made against the Grantee or of fraud, waste, false statements, or other errors in any submission for reimbursement, the Grantee is required to immediately report said allegation or finding to the U.S. Department of the Treasury Office of the Inspector General1 and to OPB and must continue to inform OPB of the status of any such on-going investigations. The Grantee must also promptly refer to OPB as well as the appropriate federal authorities, including, but not limited to, the U.S. Department of the Treasury Office of the Inspector General, any credible evidence that a principal, employee, agent, grantee, contractor, subcontractor or other person has -- (1) submitted a claim for reimbursement or award funds that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity or similar misconduct involving reimbursement or award funds. Grantees must also immediately notify OPB in writing of any misappropriation of funds, fraud, theft, embezzlement, forgery, or any other serious irregularities indicating noncompliance with grant requirements. Grantees must notify the local prosecutor's office of any possible criminal 1 See 2 C.F.R. § 200.113. Disclosure, in a timely manner, to the Federal awarding agency or pass-through entity is mandatory for all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. Failure to make required disclosures can result in any of the remedies described in 2 C.F.R. § 200.338. 10 | P a g e violations. Grantees must immediately notify OPB in writing if this Grant Project or personnel, as it pertains to the scope of this Grant, become involved in any litigation, whether civil or criminal, and the Grantee must immediately forward a copy of any demand, notices, subpoenas, lawsuits or indictments to OPB. 2.12 Termination of the Agreement The State may, at its sole discretion, terminate this Grant Agreement, without recourse, liability or penalty against the State, upon written notice to the Grantee. In the event the Grantee fails to perform or comply with an obligation or a term, condition or provision of this Grant Agreement, the State may, upon written notice to the Grantee, terminate this Grant Agreement for cause, without further notice or opportunity to cure. Such notification of termination for cause will state the effective date of such termination, and if no effective date is specified, the effective date will be the date of the notification. The State and the Grantee may mutually agree to terminate this Grant Agreement at any time. The State, in its sole discretion, will determine if, as part of the agreed termination, the Grantee is required to return any or all of the reimbursed funds. Termination is not an exclusive remedy but will be in addition to any other rights and remedies provided in equity, by law or under this Grant Agreement, including those remedies listed at 2 C.F.R. § 200.207 and 2 C.F.R. § 200.338 – 200.342. Following termination by the State, the Grantee shall continue to be obligated to OPB for the return of reimbursed Grant funds in accordance with applicable provisions of this Grant Agreement. In the event of termination under this Section, the State may elect to reimburse the Grantee but any such reimbursement shall be limited to allowable costs incurred and paid by the Grantee prior to the effective date of termination. Termination of this Grant Agreement for any reason or the expiration of this Grant Agreement shall not release the parties from any liability or obligation set forth in this Grant Agreement that is expressly stated to survive any such termination or expiration. 2.13 Limitation of Liability TO THE EXTENT ALLOWED BY LAW, THE GRANTEE SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE STATE OF GEORGIA, OPB AND/OR THEIR OFFICERS, REGENTS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, ASSIGNEES AND/OR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS, ATTORNEY FEES, AND EXPENSES ARISING OUT OF, OR RESULTING FROM, ANY ACTS, OMISSIONS, OR NEGLIGENCE OF THE GRANTEE OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER FULFILLERS, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THIS GRANT AGREEMENT, ANY PURCHASE ORDERS, INVOICES, OR OTHER PROOF OF INCURRED EXPENSES ISSUED UNDER OR SUBMITTED FOR REIMBURSEMENT PURSUANT TO THIS GRANT AGREEMENT, AND ANY MATTERS CONCERNING THE ADMINISTRATION, SUFFICIENCY, OR ACCURACY OF COVID-19 TESTING SERVICES, SUPPLIES OR RESULTS THEREFROM. THE DEFENSE SHALL BE COORDINATED BY THE GRANTEE WITH THE OFFICE OF THE GEORGIA ATTORNEY GENERAL WHEN 11 | P a g e STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND THE GRANTEE MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE GEORGIA ATTORNEY GENERAL. THE GRANTEE AND THE STATE AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. The Grantee agrees that no provision of this Grant Agreement is in any way intended to constitute a waiver by the State, OPB, or their officers, regents, employees, agents, or contractors, of any privileges, rights, defenses, remedies, or immunities from suit and liability that OPB or the State may have by operation of law. 2.14 Dispute Resolution The parties’ designees will meet as needed to implement the terms of this Grant Agreement and will make a good faith attempt to informally resolve any disputes. Notwithstanding any other provision of this Grant Agreement to the contrary, unless otherwise requested or approved in writing by OPB, the Grantee shall continue performance and shall not be excused from performance during the period any breach of this Grant Agreement, claim or dispute is pending. The laws of the State of Georgia govern this Grant Agreement and all disputes arising out of or relating to this Grant Agreement, without regard to any otherwise applicable conflict of law rules or requirements. Venue for any action, suit, litigation, or other proceeding arising out of or in any way relating to this Grant Agreement shall be commenced exclusively in the Superior Court of Fulton County, Georgia. The Grantee hereby irrevocably and unconditionally consents to the exclusive jurisdiction of the court referenced above for the purpose of prosecuting and/or defending such litigation. The Grantee hereby waives and agrees not to assert by way of motion, as a defense, or otherwise, in any suit, action or proceeding, any claim that the Grantee is not personally subject to the jurisdiction of the above-named courts; the suit, action or proceeding is brought in an inconvenient forum; and/or the venue is improper. 2.15 Liability for Taxes The Grantee agrees and acknowledges that Grantee is entirely responsible for the liability and payment of Grantee and Grantee’s employees’ wages, insurance, and taxes of whatever kind, arising out of or related to the performances in this Grant Agreement. The Grantee agrees to comply with all state and federal laws applicable to any such persons, including laws regarding wages, taxes, insurance, and workers' compensation. Neither OPB nor the State shall be liable to the Grantee, its employees, its agents or others for the payment of taxes or the provision of unemployment insurance or workers’ compensation or any benefit available to a State employee or employee of OPB. 12 | P a g e 2.16 Required Assurances The Grantee must comply with the applicable Grantee Assurances, which are attached hereto and incorporated for all purposes as Exhibit A. 2.17 System for Award Management (SAM) Requirements To the extent applicable to Grantee’s reimbursement under this Grant, the Grantee agrees to comply with applicable requirements regarding registration with the System for Award Management (SAM) or with a successor government-wide system officially designated by OMB and, if applicable, the federal funding agency. These requirements include maintaining current registrations and the currency of the information in SAM. The Grantee will review and update information at least annually until submission of the final financial report required under the award or receipt of final payment, whichever is later, as required by 2 C.F.R. § 25. The Grantee will comply with 2 C.F.R. § 180 that implement Exec. Order 12549, 3 C.F.R. 189 (1986) and Exec. Order 12689, 3 C.F.R. 235 (1989) that requires “a contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM)”, in accordance with the OMB guidelines at 2 C.F.R. Part 180 that implement Exec. Order 12549, 3 C.F.R. 189 (1986) and Exec. Order 12689, 3 C.F.R. 235 (1989), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority. The Grantee certifies it will verify each vendor’s status to ensure the vendor is not debarred, suspended, otherwise excluded or declared ineligible by checking the SAM before doing/renewing business with that vendor. The Grantee certifies by executing Exhibit B of this Agreement that it and its principals are eligible to participate in this Grant Agreement and have not been subjected to suspension, debarment or similar ineligibility determined by any federal, state or local governmental entity; the Grantee is in compliance with the State of Georgia statutes and rules relating to procurement; and the Grantee is not listed in the federal government’s terrorism watch list as described in federal Exec. Order 13224, 3 C.F.R § 2001 Comp. p. 49077. 2.18 No Obligation by Federal Government The parties acknowledge and agree that the federal government is not a party to this Grant Agreement and is not subject to any obligations or liabilities to either party, third party or subcontractor pertaining to any matter resulting from this Grant Agreement. 2.19 Notice Any and all notices, designations, consents, offers, acceptances or any other communication provided for herein shall be given in writing by registered or certified mail with return receipt requested, to a party hereto and shall be addressed to the person who signed the Grant Agreement on behalf of the party at the address set forth below or to such other address as the parties may designate by notice from time to time in accordance with this Grant Agreement. 13 | P a g e If to Grantee: NAME {{*adb_name1 }} ADDRESS {{*adb_address1:multiline(2) }} EMAIL {{*adb_email1 }} PHONE {{*adb_phonenumber1 }} If to OPB: Governor’s Office of Planning and Budget 2 Capitol Square SW Atlanta, Georgia 30334 grants@opb.georgia.gov 2.20 Force Majeure Neither the Grantee nor the State shall be required to perform any obligation under this Grant Agreement or be liable or responsible for any loss or damage resulting from its failure to perform so long as performance is delayed by force majeure or acts of God, including but not limited to labor shortages caused by strikes or lockouts, embargo, war, terrorism, flood, natural disaster. Each party must inform the other in writing, with proof of receipt, within three (3) business days of the existence of such force majeure, or otherwise waive this right as a defense. 2.21 Severability If any provision of this Grant Agreement is rendered or declared illegal for any reason, or shall be invalid or unenforceable, this Grant Agreement shall be interpreted as though such provision was modified or deleted in such manner so as to afford the party for whose benefit it was intended the fullest benefit commensurate with making this Grant Agreement, as modified, enforceable, and the remainder of this Grant Agreement and the application of such provision to other persons or circumstances shall not be affected thereby, but shall be enforced to the greatest extent permitted by applicable law. 3. Warranties 3.1 E-Verify Grantee, by signing this Agreement, represents and warrants that it will comply with the requirements of O.C.G.A. § 50-36-1 entitled “Verification of Lawful Presence Within United States” and verify the lawful presence in the United States of any natural person 18 years of age who has applied for state or local public benefits, as defined in 8 U.S.C. § 1621, or for federal public benefits, defined in 8 U.S.C. § 1611, that is administered by an agency or a political subdivision of this State. 14 | P a g e Grantee, by signing this Agreement, represents and warrants that it will comply with the requirements of O.C.G.A. § 13-10-90 entitled “Security and Immigration Compliance.” This requires, among other things, that every public employer, including, but not limited to, every municipality and county, will register and participate in the federal work authorization program to verify employment eligibility of all newly hired employees. 3.2 Compliance with Federal Law, Regulations and Executive Orders Grantee represents and warrants that federal financial assistance funds will be used to fund or reimburse claims made under this Grant Agreement. The Grantee will comply with all applicable federal law, regulations, executive orders, policies, procedures, and directives. 3.3 Clean Air Act The following is only applicable if the amount of the contract exceeds $150,000. 1. Grantee represents and warrants that it shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401, et seq. 2. Grantee represents and warrants to report each violation to the appropriate federal authorities as well as OPB and acknowledges and agrees that the State will, in turn, report each violation as required to assure notification to the appropriate federal authorities and the appropriate Environmental Protection Agency Regional Office. 3. Grantee represents and warrants to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by this Grant Agreement. 3.4 Federal Water Pollution Control Act Grantee represents and warrants that it shall comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251, et seq. Grantee represents and warrants to report each violation to the appropriate federal authorities as well as OPB and acknowledges and agrees that the State will, in turn, report each violation as required to assure notification to the appropriate federal authorities and the appropriate Environmental Protection Agency Regional Office. Grantee represents and warrants that it shall include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by this Grant Agreement. 3.5 Energy Conservation If applicable, Grantee represents and warrants that it shall comply with mandatory standards and 15 | P a g e policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. § 6201). 3.6 Procurement of Recovered Materials Grantee represents and warrants that it shall comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency at 40 C. F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. 3.7 Copyright, Patents, and Intellectual Property Rights Grantee represents and warrants that it shall affix the applicable copyright notices of 17 U.S.C. § 401 or 402 and an acknowledgement of United States Government sponsorship (including the award number) to any work first produced under federal financial assistance awards. Unless otherwise provided by law, Grantee is subject to 35 U.S.C. § 200, et seq. All Grantees are subject to the specific requirements governing the development, reporting and disposition of rights to inventions and patents resulting from federal financial assistance awards located at 37 C.F.R. § 401 and the standard patent rights clause located at 37 C.F.R. § 401.14. 3.8 Federal Debt Status Grantee represents and warrants they are and will be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances and benefit overpayments. 3.9 Terminated Contracts Grantee represents and warrants it has not had a contract terminated or been denied the renewal of any contract for noncompliance with policies or regulations of any state or federally funded program within the past five (5) years nor is it currently prohibited from contracting with a governmental agency. If the Grantee does have such a terminated contract, the Grantee shall identify the contract and provide an explanation for the termination. The Grantee acknowledges that this Grant Agreement may be terminated and payment withheld or return of grant funds or reimbursement required if this certification is inaccurate or false. 3.10 Reporting Requirements The Grantee represents and warrants that it shall provide adequate support for the payment of grant funds in GeorgiaGrants (formerly known as GeorgiaCares). Financial documentation to support each request for payment shall be submitted in GeorgiaGrants (formerly known as GeorgiaCares) no later than December 31, 2021. 16 | P a g e 3.11 Drug-Free Workplace The Grantee certifies by executing Exhibit B of this Agreement that it is in compliance with the Drug-Free Workplace Act of 1988, implemented at 34 C.F.R. § 85(f), for Grantee, as defined at 34 C.F.R. § 85, § 85.605 and 85.610. 4. Property and Procurement Requirements 4.1 [Reserved] 5. Audit and Records Requirements 5.1 Cooperation with Monitoring, Audits, Records Requirements, Assessments and Evaluations All records and expenditures are subject to, and the Grantee agrees to comply with, monitoring, examinations, demand for documents, production of personnel, access to systems, and/or audits conducted by any and all federal or state officials and auditors, including but not limited to, the U.S. Department of the Treasury Inspector General, OPB, the Georgia Department of Audits and Accounts, the State of Georgia Inspector General, and the Department of Community Affairs, or their duly authorized representatives or designees. The Grantee shall maintain, under GAAP or GASB, adequate records that enable federal and state officials and auditors to ensure proper accounting for all costs, reimbursement, and performances related to this Grant Agreement. 5.2 Single Audit Requirements To the extent applicable to Grantee’s reimbursement under this Grant, Grantees that are reimbursed $750,000.00 or more of federal funds during their fiscal year are required to submit an organization-wide financial and compliance audit report. The audit must be performed in accordance with the Government Accountability Office's Government Auditing Standards, which may be accessed online at http://www.gao.gov/govaud/ybkOl.htm, and in accordance with 2 C.F.R. § 200.514 Scope of Audit. Audit reports are currently due to the Federal Audit Clearinghouse no later than nine months after the end of the recipient's fiscal year. In addition, Grantee must submit the audit report to the State, by sending a copy to the Georgia Department of Audits and Accounts, 270 Washington Street, SW, Room I-156, Atlanta, Georgia 30334-8400. If required to submit an audit report under the requirements of 2 C.F.R. § 200(f), the Grantee shall provide OPB with written documentation showing that it has complied with the single audit requirements. The Grantee shall immediately notify OPB in writing at any time that it is required to conduct a single audit and provide documentation within a reasonable time period showing compliance with the single audit requirement. 17 | P a g e 5.3 Requirement to Address Audit Findings If any audit, monitoring, investigations, review of awards or other compliance review reveals any discrepancies, inadequacies or deficiencies which are necessary to correct in order to maintain compliance with this Grant Agreement, applicable laws, regulations, or the Grantee's obligations hereunder, the Grantee agrees to propose and submit to OPB a corrective action plan to correct such discrepancies or inadequacies within thirty (30) calendar days after the Grantee's receipt of the findings. The Grantee's corrective action plan is subject to the approval of OPB. The Grantee understands and agrees that the Grantee must make every effort to address and resolve all outstanding issues, findings or actions identified by federal or state officials and auditors through the corrective action plan or any other corrective plan. Failure to address these findings promptly and adequately may result in grant reimbursement being withheld, other related requirements being imposed or other sanctions and penalties. The Grantee agrees to complete any corrective action approved by OPB within the time period specified by OPB and to the satisfaction of OPB, at the sole cost of the Grantee. The Grantee shall provide to OPB periodic status reports regarding the Grantee's resolution of any audit, corrective action plan, or other compliance activity for which the Grantee is responsible. 5.4 Records Retention The Grantee shall maintain appropriate audit trails to provide accountability for all expenditures using grant funds. Audit trails maintained by the Grantee will, at a minimum, identify the supporting documentation prepared by the Grantee to permit an audit of its accounting systems and payment verification with respect to the reimbursement of any expenditures under this Grant Agreement. The Grantee must maintain fiscal records and supporting documentation for all expenditures reimbursed under this Grant Agreement pursuant to 2 C.F.R. § 200.333 and state law, except that the period for retention of records shall be as set forth herein. The Grantee must retain these records and any supporting documentation for a minimum of seven (7) years from the later of the completion of conclusion of the Grant Project; submission of the final expenditure report; or any litigation, dispute or audit. Records related to payroll or other related and authorized expenses made with grant funds must be retained for seven (7) years after final disposition. OPB may direct the Grantee to retain documents for longer periods of time or to transfer certain records to OPB or federal custody when it is determined that the records possess long term retention value in accordance with retention schedules approved by the State Records Committee or the federal government. 6. Prohibited and Regulated Activities and Expenditures 6.1 Prohibited Costs The following are nonexclusive examples of ineligible expenditures. These requirements are required by federal rule. Therefore, any question about their meaning or to what extent certain activities or action are allowed should be resolved by referencing the guidance provided by the United States Treasury Department: 18 | P a g e 1. Funds may not be used or reimbursed to Grantee to fill shortfalls in revenue to cover expenditures that would not otherwise qualify under the statute. Revenue replacement is not a permissible use of these grant funds. In accordance with Section 5.1 all records and expenditures are subject to review. 2. Damages covered by insurance. 3. Duplication of benefits including expenses that have been or will be reimbursed under any other federal program. 4. Reimbursement to donors for donated items or services. 5. Severance pay. 6. Legal settlements. The above is in addition to the non-reimbursable expenses set forth elsewhere in this Agreement. 6.2 Political Activities Grant funds may not be used in connection with or to reimburse the following acts: 1. Grant recipients are prohibited from using grant funds directly or indirectly for political purposes, including lobbying or advocating for legislative programs or changes; campaigning for, endorsing, contributing to, or otherwise supporting political candidates or parties; and voter registration or get-out-the-vote campaigns. Generally, organizations or entities which receive federal funds by way of grants, contracts or cooperative agreements do not lose their rights as organizations to use their own, private, non-federal resources for “political” activities because of or as a consequence of receiving such federal funds. These recipient organizations must thus use private or other non-federal money, receipts, contributions or dues for their political activities, and may not charge off to or be reimbursed from federal contracts or grants for the costs of such activities. 2. Grant officials or grant funded employees may not use official authority or influence or permit the use of a program administered by the Grantee of which the person is an officer or employee to interfere with or affect the result of an election or nomination of a candidate or to achieve any other political purpose. 3. Grant-funded employees may not coerce, attempt to coerce, command, restrict, attempt to restrict or prevent the payment, loan or contribution of anything of value to a person or political organization for a political purpose. 4. As applicable, the Grantee and each contracting tier will comply with 31 U.S.C. § 1352, which provides that none of the funds provided under an award may be expended by the Grantee to pay or reimburse any person to influence, or attempt to influence, an officer or employee of 19 | P a g e any agency, a member of Congress, an officer of employee of Congress or an employee of a member of Congress in connection with any federal action concerning the award or renewal. Each contracting tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures must be forwarded from tier to tier up to the recipient. The Grantee certifies its compliance with the provisions of this section through the execution of Exhibit B of this Grant Agreement. 7. Financial Requirements 7.1 Payments and Required Documentation Funding for this Grant Agreement is appropriated under the ARPA, as amended, to support COVID- 19 response efforts, support economic stabilization for households and businesses, and address systemic public health and economic challenges in areas affected by COVID-19, which are residentially-declared major disaster areas under Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. § 5121, et seq.). All expenditures under this Grant Agreement must be made in accordance with this Grant Agreement and any other applicable laws, rules or regulations. Further, the Grantee acknowledges that all funds are subject to recapture and repayment for non-compliance pursuant to Section 7.5. The Grantee will be authorized to submit requests for payment during the performance period set forth in Section 2.4 of this Agreement, which will be paid to the Grantee specified in GeorgiaGrants (formerly known as GeorgiaCares) pursuant to the funding announcement. All documentation of eligible employees must be submitted in GeorgiaGrants (formerly known as GeorgiaCares) prior to disbursement of funds. To receive payments, a Grantee must be an eligible vendor in the State Accounting Office’s vendor management system. Payments will be made via electronic funds transfer to the bank account associated with the vendor in the vendor management system. If the Grantee fails to meet reporting obligations, the State may implement sanctions as necessary up to and including grant termination and recoupment of all payments made to the Grantee. 7.2 Reporting The Grantee must provide adequate support for eligible public safety officials and first responders to receive payment using grant funds in GeorgiaGrants (formerly known as GeorgiaCares). The State, in its sole discretion, will determine whether supporting documentation is adequate. Financial documentation to support payments must be submitted in GeorgiaGrants (formerly known as GeorgiaCares) by no later than December 31, 2021 reflecting payroll for active volunteer firefighter rosters or qualifying full-time public safety officials and first responders employed by the Grantee between August 1 and August 31 of 2021. Grantee is required to comply with the requirements set forth in the government-wide Award Term on Reporting Subawards and Executive Compensation located at 2 C.F.R. § 170, Appendix A, the full text of which is incorporated here by reference in the award terms and conditions. 20 | P a g e If the total value of the Grantee's currently active grants, cooperative agreements and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, the Grantee must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. § 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions. The Grantee shall complete any other reports as requested by OPB and cooperate and assist the State in complying with any and all federal tracking and reporting requirements. 7.3 Payments The State will provide payment to the Grantee for the expenditure of actual payroll costs to be incurred by the Grantee pursuant to this Grant Agreement and rules promulgated by the State for the purpose of determining eligible expenses. The State is not obligated to pay unauthorized costs or to reimburse expenses that were incurred by the Grantee prior to or after the performance period or after the termination of this Grant Agreement. The Grantee will pay qualified public safety officials and first responders and no claims for payments from any such qualifying employee or other party will be accepted from any party asserting it is acting on behalf of the Grantee. Payments will be made directly to the Grantee only. 7.4 Refunds and Deductions If the State determines that the Grantee has been overpaid any grant funds under this Grant Agreement, including payments made inadvertently, payments that are duplicative for qualifying public safety officials and first responders, or payments made but later determined to not be actual and allowable allocable costs, the Grantee shall return to OPB the amount identified by the State as an overpayment. The Grantee shall refund any overpayment to OPB within thirty (30) calendar days of the receipt of the notice of the overpayment from the State unless an alternate payment plan is specified by OPB. Refunds may be remitted to: Governor’s Office of Planning and Budget, 2 Capitol Square SW, Atlanta, Georgia 30334, Attention: Coronavirus State Fiscal Recovery Fund Payments. 7.5 Recapture of Funds The discretionary right of the State to terminate under Section 2.12 notwithstanding, the State shall have the right to terminate this Grant Agreement and to recapture and be reimbursed for any payments made by the State: (i) that are not allowed under applicable laws, rules and regulations; or (ii) that are otherwise inconsistent with this Grant Agreement, including any unapproved expenditures. 7.6 Liquidation Period Unless the Grant Agreement is terminated prior to December 31, 2021, the grant liquidation period extends until March 30, 2021. Any funds not distributed to qualifying employees at that time by the Grantee must be returned to the Office of Planning and Budget. 21 | P a g e 7.7 Project Close Out The State will close-out the grant award following the performance period. The Grantee must submit all financial, performance and other reports as required by the terms and conditions of this Grant Agreement. To the extent applicable to this Agreement, the Grantee must promptly refund to OPB any amounts paid to the Grantee for individuals who already received a pay supplement due to their work in a qualifying position with a different employer. 8. Allocated Amount The Grantee will receive an award amount equivalent to $1,000 per full-time qualified public safety official and first responder who was an active employee on the Grantee’s payroll at any point during the period between August 1 and August 31 of 2021, $300 per active volunteer firefighter during the same period as reported to the Georgia Firefighter Standards and Training Council, and associated federal payroll taxes as applicable for the Grantee. 9. Authorized User The following list identifies the user(s) authorized to perform tasks in GeorgiaGrants (formerly known as GeorgiaCares) on behalf of Grantee (Authorized User(s)). Any action carried out by an Authorized User in GeorgiaGrants (formerly known as GeorgiaCares) is an action of the Grantee. 1. Authorized User One – Authorized Representative of Grantee (Required) Name: {{*adb_name1 }} Title: {{*adb_title1 }} Email: {{*adb_email1 }} Phone :{{*adb_phonenumber1 }} 2. Authorized User Two (Optional) Name: {{adb_name3 }} Title: {{adb_title3 }} Email: {{adb_email3 }} Phone :{{adb_phonenumber3 }} [EXHIBITS AND SIGNATURE PAGES FOLLOW] EXHIBIT A Grantee Assurances As the duly authorized representative of the Grantee, I certify that the Grantee: 1. Has the legal authority to request grant payments for reimbursable expenses from the State of Georgia for federal funds appropriated pursuant to Section 602 of the Social Security Act, as added by Section 9901 of the American Rescue Plan Act, Pub. L. No. 117-2 (03/11/2021), and the institutional, managerial, and financial capability to ensure proper planning, management, and completion of the Grant Project contemplated by this application. 2. Shall give any and all federal or State officials and auditors, or their duly authorized representative or designee, access to and the right to examine all records, books, papers or documents related to reimbursements; and will establish a proper accounting system in accordance with generally accepted accounting standards or awarding agency directives. 3. Shall carry out all activities and endeavors with strict adherence to the Code of Ethics for Government Service as established within Title 45, Chapter 10 and Section 1 of the Official Code of Georgia Annotated and shall establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. 4. Shall submit allowable expenditures in GeorgiaGrants (formerly known as GeorgiaCares) in accordance with the documentation requirements established by OPB. 5. Shall comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §1681-1683 and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990 including Titles I, II and III of the Americans with Disability Act which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation and certain testing entities, 44 U.S.C. § 12101-12213; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. § 6101, et seq.), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevent ion, Treatment, and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g) § 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. § 290dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601, et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and (j) the requirements of any other nondiscrimination statute(s) which may apply to this grant. 6. Shall comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. § 276a to 276a-7), the Copeland Act (40 U.S.C. § 276c and 18 U.S.C. § 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. § 327-333), regarding labor standards for federally assisted construction sub agreements. 7. Shall comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646), which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally- assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchases. 8. Shall comply with the provisions of the Hatch Political Activity Act (5 U.S.C. § 1501-1508 and 7321-29), which limit the political activity of employees whose principal employment activities are funded in whole or in part with federal funds. 9. Shall comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970, as applicable. 10. Shall comply with all applicable federal, State and local environmental and historic preservation (EHP) requirements and shall provide any information requested by the appropriate authority to ensure compliance with applicable laws and regulations, including: federal EHP regulations, laws and executive orders; the National Environmental Policy Act; the National Historic Preservation Act; the Endangered Species Act; and the executive orders on floodplains (Exec. Order 11988, 3 C.F.R. 117 (1977), wetlands (Exec. Order 11990, 3 C.F.R. 121 (1977) and environmental justice (Exec. Order 12898, 59 Fed. Reg. 7629 (Feb. 16, 1994). Failure of the Grantee to meet federal, state and local EHP requirements and obtain applicable permits may jeopardize federal funding. 11. Shall ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency’s (EPA) list of Violating Facilities and that it will notify the federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA, Exec. Order 11,738, 3 C.F.R. 799 (1971-1975). 12. Shall comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.C § 2409, 41 U.S.C.§ 4712 and 10 U.S.C. § 2324, and 41 U.S.C. §§ 4304 & 4310. 13. Shall comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. § 175-175c and comply with Exec. Order 13224, 60 Fed. Reg. 49079 (2001) and U.S. law prohibiting transactions with, and the provision of resources and support to, individuals and organizations associated with terrorism. 14. Shall comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234. Section 102(a) requires the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any federal financial assistance for construction or acquisition proposed for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. 15. Shall comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Exec. Order 11514, 3 C.F.R. 902 (1966- 1970) ; (b) notification of violating facilities pursuant to Exec. Order 11738, 3 C.F.R. 799 (1971-1975); (c) protection of wetlands pursuant to Exec. Order 11990, 3 C.F.R. 121 (1977); (d) evaluation of flood hazards in floodplains in accordance with Exec. Order 11988, 3 C.F.R. 117 (1977); (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. § 1451, et seq.); (f) conformity of federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § 7401, et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). 16. Shall comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271, et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 17. Shall assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Exec. Order 11593 3 C.F.R. 559 (1971-1975), (identification and protection of historic properties) and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. § 469a-1, et seq.). 18. Shall comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. § 2131, et seq.) which requires the minimum standards of care and treatment for vertebrate animals bred for commercial sale, used in research, transported commercially or exhibited to the public according to the Guide for Care and Use of Laboratory Animals and Public Health Service Policy and Government Principals Regarding the Care and Use of Animals. 19. Shall comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4801, et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residential structures. 20. Will comply with the requirements of Section 106(9) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104) which prohibits grant award recipients or a sub-recipient from (1) engaging in trafficking in persons during the period of time that the award is in effect (2) procuring a commercial sex act during the period of time that the award is in effect or (3) using forced labor in the performance of the award or subawards under the award. 21. Shall comply with the Pro-Children Act of 1994 (Public Law 103-277), which prohibits smoking within any portion of any indoor facility used for the provision of services for children. 22. Shall cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non-Profit Organizations." 23. Shall comply with P.L. 93-348 regarding the protection of human subjects involved in research, development and related activities supported by this award of assistance. 24. Shall comply with all federal tax laws and is solely responsible for filing all required State and federal tax forms. 25. And its principals are eligible to participate and have not been subjected to suspension, debarment or similar ineligibility determined by any federal, State or local governmental entity and it is not listed on a State or federal government’s terrorism watch list as described in EO 13224. Entities ineligible for federal procurement have Exclusions listed at https://www.sam.gov/portal/public/SAM/. 26. Shall comply with all applicable federal and State Drug-Free Workplace laws and rules. 27. Shall comply with all applicable requirements of all other federal and State laws, executive orders, regulations, and policies governing this program. By signing below on behalf of the Grantee, I hereby acknowledge and agree that I am an authorized representative of the Grantee with power to bind the Grantee to the terms of this Exhibit A, and agree to abide by the requirements stated herein, including any amendments thereto. By: {{*adb_name1 }} (Printed Name: Authorized Representative of Grantee) Signature: {{Sig_es_:signer1:signature }} Title: {{*adb_title1 }} Date: {{Dte_es_:signer1:date }} EXHIBIT B Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirements As the duly authorized representative of the Grantee, I certify the following on behalf of the Grantee: 1. LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and implemented at 34 C.F.R. § 82, for persons entering into a grant or cooperative agreement over $100,000, as defined at 34 C.F.R. § 82, § 82.105 and 82.110, the Grantee certifies that: A. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal grant or cooperative agreement; B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; C. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all subrecipients shall certify and disclose accordingly. 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS As required by Exec. Order 12549, 3 C.F.R. 189 (1986), Debarment and Suspension, and implemented at 34 C.F.R. § 85, for prospective participants in primary covered transactions, as defined at 34 C.F.R. § 85, § 85.105 and 85.110-- A. The Grantee certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false Statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (2)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default; and B. Where the Grantee is unable to certify to any of the Statements in this certification, he or she shall attach an explanation to this application. 3. DRUG-FREE WORKPLACE (GRANTEE OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, and implemented at 34 C.F.R. § 85(f), for Grantee, as defined at 34 C.F.R. § 85, § 85.605 and 85.610- A. The Grantee certifies that it will or will continue to provide a drug-free workplace by: (a) Publishing a Statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the Grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on-going drug-free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace; (2) The Grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the Statement required by paragraph (a); (d) Notifying the employee in the Statement required by paragraph (a) that, as a condition of employment under the grant, the employee will: (1) Abide by the terms of the Statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying OPB, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Notice shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted: (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). B. The Grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address. city, county, State, zip code) 4. DRUG-FREE WORKPLACE (GRANTEE WHO IS AN INDIVIDUAL) As required by the Drug-Free Workplace Act of 1988, and implemented at 34 C.F.R. § 85(f), for Grantee, as defined at 34 C.F.R. §§ 85, 85.605, and 85.610. A. As a condition of the grant, I certify that I will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity with the grant; and B. If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, I will report the conviction, in writing, within 10 calendar days of the conviction, to OPB. Notice shall include the identification number(s) of each affected grant. By signing below on behalf of the Grantee, I hereby acknowledge and agree that I am an authorized representative of the Grantee with power to bind the Grantee to the terms of this Exhibit B, and agree to abide by the requirements stated herein, including any amendments thereto. By: {{*adb_name1 }} (Printed Name: Authorized Representative of Grantee) Signature: {{Sig_es_:signer1:signature }} Title: {{*adb_title1 }} Date: {{Dte_es_:signer1:date }} Include all supporting documentation that clearly sets forth expenditures being claimed for reimbursement. Reimbursement will only be paid to the Grantee/Grantee. All documentation is incorporated into the Grant Agreement by reference. EXHIBIT C ARPA Coronavirus State Fiscal Recovery Fund Eligibility Certification I, {{*FullName }} (Print Name), am the {{*JobTitle }}(Title) of {{!AccountName }} (“Grantee”) and I certify that: 1. I have the authority on behalf of the Grantee to submit, or designate persons to submit on my behalf, requests for payment of pay supplements for qualified public safety officials and first responders from the State for federal funds appropriated pursuant to Section 602 of the Social Security Act, as added by Section 9901 of the American Rescue Plan Act, Pub. L. No. 117-2 (03/11/2021). 2. I understand that the State will rely on this certification as a material representation in making payments to the Grantee. 3. I acknowledge that pursuant to Section 5.4 of this Agreement, Grantee must keep records sufficient to demonstrate that the expenditure of payments it has received is in accordance with Section 602 of the Social Security Act, as added by Section 9901 of the American Rescue Plan Act, Pub. L. No. 117-2 (03/11/2021). 4. I acknowledge that all records and expenditures are subject to audit by the United States Department of the Treasury’s Inspector General, the Governor’s Office of Planning and Budget, the Georgia Department of Audits and Accounts, the State of Georgia Office of Inspector General, and the Department of Community Affairs, or representative or designee. 5. I acknowledge that Grantee has an affirmative obligation to identify and report any duplication of benefits. I understand that the State has an obligation and the authority to de-obligate or offset any duplicated benefits. 6. I acknowledge and agree that the Grantee shall be liable for any costs disallowed pursuant to financial or compliance audits of reimbursement received. 7. I acknowledge and agree that all submissions for reimbursement, supporting documentation, reports, and any other record upon which the State relied to reimburse expenses pursuant to this Grant Agreement are true and accurate to the best of my knowledge and belief, and that federal and State authorities may exercise any and all legal and equitable remedies against the Grantee involving any false records created or submitted, or in relation to findings concerning fraud, waste, or misuse of funds received. 8. I acknowledge that the Grantee’s requests submitted for payment from the State by federal appropriation under Section 602 of the Social Security Act, as added by Section 9901 of the American Rescue Plan Act, Pub. L. No. 117-2 (03/11/2021) will be used only to cover payments Augusta-Richmond County consolidated government (balance) to qualifying public safety officials and first responders and associated payroll taxes for individuals employed full-time by the Grantee during the period between August 1 and August 31 of 2021 or serving as an active volunteer firefighter during the same period. 9. I acknowledge that the Grantee is required to comply with the requirements set forth in the government-wide Award Term on Reporting Subawards and Executive Compensation located at 2 C.F.R. § 170, Appendix A, the full text of which is incorporated here by reference in the award terms and conditions. By signing below on behalf of the Grantee, I hereby acknowledge and agree that I am an authorized representative of the Grantee with power to bind the Grantee to the terms of this Exhibit C, and agree to abide by the requirements stated herein, including any amendments thereto. By: {{*adb_name1 }} (Printed Name: Authorized Representative of Grantee) Signature: {{Sig_es_:signer1:signature }} Title: {{*adb_title1 }} Date: {{Dte_es_:signer1:date }} Please initial by each exhibit, acknowledging you have received them, understand them, and agree to abide by them. {{Int_es_:signer1:initials}} Exhibit A – Grantee Assurances {{Int_es_:signer1:initials}} Exhibit B – Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; And Drug-Free Workplace Requirements {{Int_es_:signer1:initials}} Exhibit C – ARPA Coronavirus State Fiscal Recovery Fund Eligibility Certification By signing below the Grantee acknowledges acceptance of the Grant, all terms and conditions of this Grant Agreement, and all exhibits to this Grant Agreement, and agrees to abide by all such terms and conditions. By: {{*adb_name1 }} (Printed Name: Authorized Representative of Grantee) Signature: {{Sig_es_:signer1:signature }} Title: {{*adb_title1 }} Date: {{Dte_es_:signer1:date }} By: {{adb_name2 }} (Printed Name: Authorized Representative of Grantee) (Optional) Signature: {{Sig_es_:signer2:signature }} Title: {{adb_title2 }} Date: {{Dte_es_:signer2:date }} SIGNATURE PAGE DRAFT MEMORANDUM OF UNDERSTANDING BETWEEN AUGUSTA, GA AND THE RICHMOND COUNTY BOARD OF EDUCATION WHEREAS, the State of Georgia has authorized expenditure of a portion of its funds received under the American Rescue Plan Act for the purpose of a $1,000 pay supplement grant for Public Safety Officials and First Responders (hereinafter the “Public Safety Grant”); and WHEREAS, the Public Safety Grant is being administered by the State of Georgia’s Governor’s Office of Planning and Budget (OPB), which has promulgated rules and regulations regarding the Public Safety grant (the “Rules”); and WHEREAS, the Rules require that the County government apply for the grant for any eligible employees of the County School System, and prohibit the County School System from applying directly for its own funds; NOW THERFORE, THE PARTIES MUTUALLY AGREE as follows: 1. Augusta, GA (Augusta) will apply on behalf of Richmond County Board of Education (RCBOE) for the Public Safety Grant for its School Resource Officers, as a part of the County’s application for its Sheriff’s Deputies, Firefighters, and other eligible employees. 2. Richmond County Board of Education (RCBOE) will provide a list of eligible employees and the other information required by OPB for the grant application, including GA POST Certification numbers for law enforcement officers. Eligible employees are defined by the Rules, and in general include those serving fulltime in a law enforcement function between August 1 and August 31, 2021, in a job which requires them to hold POST certification. 3. RCBOE has provided a list of eligible employees at the time of this MOU being executed. RCBOE can amend that list at any time up until the grant application is submitted by the County. 4. The pay supplement under the grant is in the amount of $1,000 per eligible employee. Augusta, upon receipt of grant funds for RCBOE employees, will transfer those funds to RCBOE. RCBOE will pay those funds out to their employees through its payroll system, deducting appropriate taxes. Augusta will only pass along actual funds it receives from the State for RCBOE employees; Augusta cannot guarantee all requested funds will be approved and granted. 5. RCBOE agrees to comply with the Rules in applying for and disbursing grant funds. 6. RCOBE agrees to provide all information requested by Augusta deemed necessary to comply with the Rules and verify eligibility of employees. 7. Augusta agrees to comply with the Rules in applying for and disbursing grant funds. 8. The parties will work in good faith to resolve any disputes and appeal any erroneous decisions by the State. Executed and effective on the date of the last signature below. AUGUSTA, GEORGIA _______________________________ _________________ Hardie Davis, Jr., as its Mayor Date Attest: ________________________________ _________________ Lena J. Bonner, County Clerk Date RICMOND COUNTY BOARD OF EDUCATION ________________________________ __________________ Dr. Kenneth Bradshaw Date Superintendent Attest: ________________________________ _________________ Date Commission Meeting Agenda 12/7/2021 2:00 PM Additional Recapture and Reallocation of Engineering SPLOSTS V and VI Funds File Reference: 21 – 014(A) Department:Engineering Department:Engineering Caption:Motion to approve recapture and reallocation of $2,808,042 from Engineering SPLOSTS V and VI Projects. Funds are recaptured from Marks Church Road (SPLOST V/Project budget reduction) and Dover-Lyman Street & Drainage Improvements (SPLOST VI/project budget balance). These funds are reallocated to Wrightsboro Road Improvements Construction, Lake Dredging Construction, and Grading & Drainage (Stream Bank Restoration) Construction as outlined in Financial Impact Section of this agenda. Requested by AED.(Approved by the Engineering Services Committee November 30, 3021). Background:Augusta Engineering Department (AED) SPLOST funded several infrastructure (road and drainage) improvements projects are substantially ready for construction. However, based on engineer's estimate of probable cost or received bid, supplemental funds are needed for fully fund intended improvements construction. On November 16, 2021, Augusta Commission approved part one funds recapturing and reallocation to selected projects. This action is part two funds recapturing and reallocation and these additional funds are supplement to part one action projects construction cost. Funds recapturing from these two projects were excluded from the Augusta Commission part one action due to time needed for completion of supporting information. Analysis:On November 16, 2021 Augusta Commission approved part one funds recapturing and reallocation to these projects. Funds recapturing from these two projects (Marks Church Road and Dover-Layman) were excluded from November 16, 2021 commission action due to time needed for completion of supporting information. Recaptured funds are allocated to construction funds of Wrightsboro Road (Highland Ave. to North Leg/Jackson Rd.) Improvements project, Lake Dredging Cover Memo (Lake Olmstead & Warren Lake) project, and Grading & Drainage (Morningside & Sandpiper Stream Bank Stabilization & Restoration) project. These projects area construction ready, however, these projects current balance funds are not sufficient. These projects are approved SPLOST list projects which justifies this reallocation. Upon Augusta Commission approval of this recapturing/reallocation, this will increase subject projects available construction budget in amount listed in Financial Impact section of this agenda. Financial Impact:Commission approval of this recapturing/reallocation, this will increase subject projects available construction budget in amount listed in Financial Impact section of this agenda. Engineering SPLOST funds recaptured in total amount of $2,808,042 as itemized below: i) Marks Church Road-SPLOST V: $1,208,882 (Action-Reduced Project Budget) ii) Dover- Layman St. & Drainage-SPLOST VI: $1,599,160 (Action: Close the project; project construction 100% complete) AED requesting reallocation of $2,808,042 (recaptured funds) to SPLOST funded projects as follows: i) Wrightsboro Rd (Highland to Jackson/N. Leg) - $1,908,042.00, ii) Lake Dredging (Warren Lake & Lake Olmstead) - $500,000.00, and iii) Grading & Drainage ((Morningside & Sandpiper Stream Bank Stabilization & Restoration)- $400,000.00 Alternatives:1). No Alternate proposed Recommendation:Approve recapture and reallocation of $2,808,042 from Engineering SPLOSTS V and VI Projects. Funds are recaptured from Marks Church Road (SPLOST V/Project budget reduction) and Dover-Lyman Street & Drainage Improvements (SPLOST VI/project budget balance). These funds are reallocated to Wrightsboro Road Improvements Construction, Lake Dredging Construction, and Grading & Drainage (Stream Bank Restoration) Construction as outlined in Financial Impact Section of this agenda. Requested by AED Funds are Available in the Following Accounts: Marks Church Road - SPLOST V: $1,208,882; ii) Dover- Layman St. & Drainage - SPLOST VI: $1,599,160 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Cover Memo Commission Meeting Agenda 12/7/2021 2:00 PM Augusta Infrastructure Routine Maintenance- Storm Drainage, Sidewalks, Street Lighting and Concrete work RFP 21-155 Department:Engineering Department:Engineering Caption:Motion to approve award of Augusta Infrastructure Routine Maintenance- Storm Drainage, Sidewalks, Street Lighting and Concrete Work Contract to Blair Construction Inc., Beams Contracting Inc., Larry McCord, LLC, Horizon Construction & Associates, and J & B Construction and Services Inc. The Contract is for two years effective May 1, 2022 with renewal option for three additional years. Also, approve up to $1,500,000 to fund the proposed Services. Award is contingent upon receipt of procurement documents, signed contracts and proper bonds. R equested by AED. RFP 21-155.(Approved by the Engineering Services Committee November 30, 2021) Background:Augusta Commission established Stormwater Utility (SWU) Program effective January 1, 2016. One of the key elements of SWU is establishing a proactive infrastructure maintenance program that includes Maintenance of storm conveyance system, restoration of drainage impacted areas and improving local watersheds. Since the AED worked towards establishing a proactive infrastructure Maintenance program (Program), Infrastructure routine maintenance services are integral parts of SWU Program delivery as determined by AED that supplementing engineering maintenance resources with contract services such as Concrete Repair, Concrete Construction and Emergency Repair Services is a practical approach to complete and sustain much needed maintenance services in a timely manner on watershed level. Such services are essential to minimizing public safety risks, damages to public property and associated potential hazard liabilities. Analysis:Proposals were received on June 15, 2021 with Blair Construction Inc., Beams Contracting Inc., Larry McCord, LLC, Horizon Construction & Associates, J & B Construction and Services Inc., and Reeves Construction Co. being the selected Cover Memo firms. Firms were evaluated based on qualifications, relevant experience, and ability to provide requested services. Fee of requested primary services was negotiated and all selected firms accepted AED offered unit rates except Reeves Construction. Reeves Construction decided to opt out from further consideration. Services fee schedule with final offered unit rates is attached as Exhibit A. Financial Impact:Funds are available in the amount of $1,500,000 in Stormwater Program SPLOST 8 Grading & Drainage funds. Funding is projected to be available May 1, 2022 based on current SPLOST collection rates. Alternatives:1) Not Proposed. Recommendation:Approve award of Augusta Infrastructure Routine Maintenance- Storm Drainage, Sidewalks, Street Lighting and Concrete Work Contract to Blair Construction Inc., Beams Contracting Inc., Larry McCord, LLC, Horizon Construction & Associates, and J & B Construction and Services Inc. The Contract is for two years effective May 1, 2022 with renewal option of three additional years. Also, approve up to $1,500,000 to fund the proposed Services. Award is contingent upon receipt of procurement documents, signed contracts and proper bonds. requested by AED. RFP 21-155 Funds are Available in the Following Accounts: ($1,500,000) – 330-044320.5414110 - Stormwater SPLOST 8 Grading & Drainage. Funding is projected to be available May 1, 2022 based on current SPLOST collection rates. REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo OFFICIAL cLp~ RFP Opening Item #21-155 Augusta Infrastructure Routine Maintenance (Storm Drainage, Sidewalks, Street Lighting and Concrete Works) for Augusta, GA -Engineering Department RFP Date: Tuesday, June 15, 2021 @ 3:00 p.m. via ZOOM Total Number Specifications Mailed Out: 20 Total Number Specifications Download {Demandstar): 4 Total Electronic Notifications {Demandstar): 168 Georgia Procurement Registry: 1297 Total packages submitted: 8 Total Noncompliant: O VENDORS Attachment E-Verify SAVE Addendum Original 7 Copies Fee "B" # Form 1 Proposal PCJ QUALITY ASSURANCE LLC 1072 PLUM ROAD Yes 1664810 Yes Yes Yes Yes Yes JACKSON, SC 29831 LARRY L. MCCORD LLC DESIGN 2016 HIGHLAND AVENUE Yes 469967 Yes Yes Yes Yes Yes AUGUST A, GA 30904 BEAM'S CONTRACTING 15030 ATOMIC ROAD Yes 163700 Yes Yes Yes Yes Yes BEECH ISLAND, SC 29842 REEVES CONSTRUCTION CO. 1 APAC INDUSTRIAL WAY Yes 667074 Yes Yes Yes Yes Yes AUGUSTA, GA 30907 BLAIR CONSTRUCTION P. 0. BOX 770 Yes 224004 Yes Yes Yes Yes Yes EVANS, GA. 30809 HORIZON CONSTRUCTION PO BOX 798 Yes 229921 Yes Yes Yes Yes Yes EVANS, GA. 30809 POND MAINTENANCE OF AUGUSTA 3707 COLBERT ST. Yes 067036 Yes Yes Yes Yes Yes AUGUSTA, GA 30906 J&B CONSTRUCTION & SRVC INC 3550 GORDON HIGHWAY Yes 229939 Yes Yes Yes Yes Yes GROVETOWN G.A 30813 Page 1 of 1 EXHIBIT A 21‐155 Concrete & Storm Pipes Maintenance AED Offered Description Estimated Quantity ** QTY Unit Unit Price Total Price A ‐ General Concrete Remove and Dispose of Existing Concrete Pavement 250 250 SY $99.81 $24,952.50 Remove and Dispose of Existing Asphalt Pavement 250 250 SY $69.63 $17,407.50 Remove and Dispose of Existing 6IN Concrete Curb and Gutter 150 150 LF $41.46 $6,219.00 Remove and Dispose of Existing 6IN Concrete Flatwork 100 100 SY $65.00 $6,500.00 Remove and Dispose of Existing 8IN Concrete Flatwork 50 50 SY $76.62 $3,831.00 Adjust Existing Manhole/Structure to New Finished Grade 20 20 EA $1,470.00 $29,400.00 Driveway Concrete, 6IN ≤50 50 SY $175.00 $8,750.00 Driveway Concrete, 6IN >50‐60 50 SY $169.00 $8,450.00 Driveway Concrete, 6IN >60 60 SY $153.50 $9,210.00 Concrete Sidewalk, 4IN ≤30 30 SY $140.50 $4,215.00 Concrete Sidewalk, 4IN >30‐60 30 SY $140.50 $4,215.00 Concrete Sidewalk, 4IN >60 60 SY $128.00 $7,680.00 Concrete Sidewalk, 6IN ≤30 30 SY $175.00 $5,250.00 Concrete Sidewalk, 6IN >30‐60 30 SY $166.95 $5,008.50 Concrete Sidewalk, 6IN >60 60 SY $155.44 $9,326.40 Concrete Sidewalk, 8IN ≤30 30 SY $195.00 $5,850.00 Concrete Sidewalk, 8IN >30‐60 30 SY $170.00 $5,100.00 Concrete Sidewalk, 8IN >60 60 SY $160.00 $9,600.00 Concrete Curb&Gutter, 6INx24IN (includes associated roadbase) ≤12 12 SY $80.00 $960.00 Concrete Curb&Gutter, 6INx24IN (includes associated roadbase) >12‐25 12 SY $75.00 $900.00 Concrete Curb&Gutter, 6INx24IN (includes associated roadbase)>25 25 SY $70.00 $1,750.00 Concrete Curb&Gutter, 6INx32IN (includes associated roadbase) ≤15 15 SY $85.00 $1,275.00 Concrete Curb&Gutter, 6INx32IN (includes associated roadbase) >15‐30 15 SY $85.00 $1,275.00 Concrete Curb&Gutter, 6INx32IN (includes associated roadbase)>30 30 SY $79.00 $2,370.00 Concrete Median, 8IN ≤50 50 SY $215.00 $10,750.00 Concrete Median, 8IN >50‐100 50 SY $210.00 $10,500.00 $200,744.90 AED Offered Description Estimated Quantity ** Unit Unit Price Total Price B ‐ OFF ROAD STORM SEWER, OPEN‐CUT, COMPLETE in Place Replacement of 12IN pipe with Storm RCP Pipe, 12IN, H 1‐10 100 100 LF $155.00 $15,500.00 Replacement of 15IN pipe with Storm RCP Pipe, 15IN, H 1‐10 100 100 LF $154.50 $15,450.00 Replacement of 18IN pipe with Storm RCP Pipe, 28IN, H 1‐10 200 200 LF $172.71 $34,541.00 Replacement of 18IN pipe with Storm RCP Pipe, 18IN, H 10‐15 100 100 LF $177.50 $17,750.00 Replacement of 24IN pipe with Storm RCP Pipe, 24IN, H 1‐10 250 250 LF $194.37 $48,592.50 Replacement of 24IN pipe with Storm RCP Pipe, 24IN, H 10‐15 150 150 LF $196.00 $29,400.00 Replacement of 30IN pipe with Storm RCP Pipe, 30IN, H 1‐10 200 200 LF $196.31 $39,261.00 Replacement of 30IN pipe with Storm RCP Pipe, 30IN, H 10‐15 100 100 LF $225.50 $22,550.00 Replacement of 36IN pipe with Storm RCP Pipe, 36IN, H 1‐10 150 150 LF $217.26 $32,589.00 Replacement of 36IN pipe with Storm RCP Pipe, 36IN, H 10‐15 100 100 LF $259.00 $25,900.00 Replacement of 42IN pipe with Storm RCP Pipe, 42IN, H 1‐10 100 100 LF $265.50 $26,550.00 Replacement of 42IN pipe with Storm RCP Pipe, 42IN, H 10‐15 50 50 LF $297.00 $14,850.00 Replacement of 48IN pipe with Storm RCP Pipe, 48IN, H 1‐10 100 100 LF $288.50 $28,850.00 Replacement of 48IN pipe with Storm RCP Pipe, 48IN, H 10‐15 50 50 LF $348.75 $17,437.50 Replacement of 54IN pipe with Storm RCP Pipe, 54IN, H 1‐10 100 100 LF $350.25 $35,025.00 Replacement of 54IN pipe with Storm RCP Pipe, 54IN, H 10‐15 30 30 LF $459.75 $13,792.50 Replacement of 60IN pipe with Storm RCP Pipe, 60IN, H 1‐10 50 50 LF $469.92 $23,496.00 Replacement of 60IN pipe with Storm RCP Pipe, 60IN, H 10‐15 30 30 LF $500.00 $15,000.00 $456,534.50 AED Offered Description Estimated Quantity ** Unit Unit Price Total Price C ‐ ON ROAD STORM SEWER, OPEN‐CUT, COMPLETE in Place Replacement of 15IN pipe with Storm RCP Pipe, 15IN, H 1‐10 100 100 LF $215.00 $21,500.00 Replacement of 15IN pipe with Storm RCP Pipe, 15IN, H 10‐15 40 40 LF $250.00 $10,000.00 Replacement of 18IN pipe with Storm RCP Pipe, 18IN, H 1‐10 200 200 LF $246.00 $49,200.00 Replacement of 18IN pipe with Storm RCP Pipe, 18IN, H 10‐15 40 40 LF $360.00 $14,400.00 Replacement of 24IN pipe with Storm RCP Pipe, 24IN, H 1‐10 200 200 LF $290.00 $58,000.00 Replacement of 24IN pipe with Storm RCP Pipe, 24IN, H 10‐15 40 40 LF $360.00 $14,400.00 Replacement of 30IN pipe with Storm RCP Pipe, 30IN, H 1‐10 100 100 LF $310.00 $31,000.00 Replacement of 30IN pipe with Storm RCP Pipe, 30IN, H 10‐15 40 40 LF $412.00 $16,480.00 Replacement of 36IN pipe with Storm RCP Pipe, 36IN, H 1‐10 100 100 LF $330.00 $33,000.00 Replacement of 36IN pipe with Storm RCP Pipe, 36IN, H 10‐15 40 40 LF $452.50 $18,100.00 Replacement of 42IN pipe with Storm RCP Pipe, 42IN, H 1‐10 100 100 LF $400.00 $40,000.00 Replacement of 42IN pipe with Storm RCP Pipe, 42IN, H 10‐15 40 40 LF $494.00 $19,760.00 Replacement of 48IN pipe with Storm RCP Pipe, 48IN, H 1‐10 100 100 LF $420.00 $42,000.00 Replacement of 48IN pipe with Storm RCP Pipe, 48IN, H 10‐15 40 40 LF $536.50 $21,460.00 Replacement of 54IN pipe with Storm RCP Pipe, 54IN, H 1‐10 80 80 LF $503.00 $40,240.00 Replacement of 54IN pipe with Storm RCP Pipe, 54IN, H 10‐15 30 30 LF $694.00 $20,820.00 Replacement of 60IN pipe with Storm RCP Pipe, 60IN, H 1‐10 80 80 LF $600.00 $48,000.00 Replacement of 60IN pipe with Storm RCP Pipe, 60IN, H 10‐15 30 30 LF $751.00 $22,530.00 $520,890.00 AED Offered Description Estimated Quantity ** Unit Unit Price Total Price D ‐ STORM STRUCTURES, COMPLETE in Place Replacing SW Trap TOP (Removal & Installation)30 30 EA $2,200.00 $66,000.00 Replacing DW Trap TOP (Removal & Installation)30 30 EA $2,550.00 $76,500.00 Replacing SW Trap Throat (Removal & Installation)30 30 EA $1,150.00 $34,500.00 Replacing DW Trap Throat (Removal & Installation)30 30 EA $1,312.50 $39,375.00 Repir of Catch Basin 40 40 EA $2,700.00 $108,000.00 Repair of Drop Inlet 40 40 EA $2,950.00 $118,000.00 Repair of Junction Box/Manhole 40 40 EA $3,161.58 $126,463.20 Replacement of Catch Basin with New Catch Basin 30 30 EA $5,750.00 $172,500.00 Replacement of Drop Inlet with new Drop Inlet 30 30 EA $6,000.00 $180,000.00 Replacement of Junction Box/ manhole with new Junction Box/Manhole 20 20 EA $6,250.00 $125,000.00 Concrete Grinding 20 20 SY $131.50 $2,630.00 Concrete Crack Caulking and Sealing 20 20 LF $36.50 $730.00 Point Repair to Storm Sewer, complete in place (Trench ≤10ft depth) 40 40 EA $3,000.00 $120,000.00 Point Repair to Storm Sewer, complete in place (Trench ≤10ft depth) 40 40 EA $4,875.00 $195,000.00 $1,364,698.20 AED Offered E‐ STORM SEWER, LINE EXISTING CORRGATED METAL (CMP) PIPE Unit Price Total Price Line Existing 12IN CMP with Cementious spray lining(complete in place)50 50 LF $251.25 $12,562.50 Line Existing 15IN CMP with Cementious spray lining (complete in place)50 50 LF $266.00 $13,300.00 Line Existing 18IN CMP with Cementious spray lining(complete in place)200 200 LF $268.85 $53,770.00 Line Existing 24IN CMP with Cementious spray lining(complete in place)200 200 LF $296.93 $59,385.00 Line Existing 30IN CMP with Cementious spray lining(complete in place)200 200 LF $322.50 $64,500.00 Line Existing 36IN CMP with Cementious spray lining (complete in place)100 100 LF $375.00 $37,500.00 Line Existing 42IN CMP with Cementious spray lining (complete in place)100 100 LF $457.50 $45,750.00 Line Existing 48IN CMP with Cementious spray lining(complete in place)200 200 LF $497.50 $99,500.00 Line Existing 54IN CMP with Cementious spray lining(complete in place)100 100 LF $559.50 $55,950.00 Line Existing 60IN CMP with Cementious spray lining(complete in place)100 100 LF $620.00 $62,000.00 $504,217.50 AED Offered F‐ STORM SEWER, LINE EXISTING CORRGATED METAL (CMP) PIPE Unit Price Total Price Line Existing 12IN CMP with Lining with felt or fiberglass CIPP (complete in place)50 50 LF $240.25 $12,012.50 Line Existing 15IN CMP with ining with felt or fiberglass CIPP(complete in place)50 50 LF $260.25 $13,012.50 Line Existing 18IN CMP with ining with felt or fiberglass CIPP(complete in place)200 200 LF $267.75 $53,550.00 Line Existing 24IN CMP withining with felt or fiberglass CIPP (complete in place)200 200 LF $295.25 $59,050.00 Line Existing 30IN CMP with ining with felt or fiberglass CIPP(complete in place)200 200 LF $375.00 $75,000.00 Line Existing 36IN CMP with ining with felt or fiberglass CIPP(complete in place)100 100 LF $442.50 $44,250.00 Line Existing 42IN CMP with ining with felt or fiberglass CIPP(complete in place)100 100 LF $510.25 $51,025.00 Line Existing 48IN CMP with ining with felt or fiberglass CIPP in place)200 200 LF $595.00 $119,000.00 Line Existing 54IN CMP with ining with felt or fiberglass CIPP (complete in place)100 100 LF $699.75 $69,975.00 Line Existing 60IN CMP with ining with felt or fiberglass CIPP(complete in place)100 100 LF $810.00 $81,000.00 $577,875.00 AED Offered Unit Price Total Price G‐ STREET LIGHTING‐ REPLACEMENT & INSTALLATION Pull Box, PB‐1 (Type 1)15 15 EA $73.11 $1,096.65 Demolish Light Pole Base 1 1 CY $2,359.00 $2,359.00 Install Light Pole Base 1 1 CY $2,483.80 $2,483.80 $5,939.45 H‐ ALLOANCE ITEMS Alloance for working in locations with difficult access 1 1 LS $30,000.00 $30,000.00 Alloance for unexpected field conditions or issues that are beyond the scope of typical storm sewer construction project 1 1 LS $75,000.00 $75,000.00 Alloance for Additional Quantities 1 1 LS $200,000.00 $200,000.00 AED Offerd $3,935,899.55 November 10, 2021 A, B, C, D, E, F and G Vice President Request for Proposal Request for Proposals will be received at this office until Tuesday, June 15, 2021 @ 3:00 p.m. for furnishing: (ZOOM Opening) (ID: 982 0515 7005 and Password: 812118) RFP Item # 21-155 Augusta Infrastructure Routine Maintenance (Storm Drainage, Sidewalks, Street Lighting and Concrete Works) for Augusta, GA – Engineering Department RFPs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be examined at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901 (706- 821-2422). Plans and specifications for the project shall be obtained by all prime contractors, subcontractors and suppliers exclusively from ARC. The fees for the plans and specifications which are non-refundable are $50.00. 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.e-arc.com) at no charge through ARC Southern (706 821-0405) beginning Thursday, May 6, 2021. 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. RFP documents may be viewed on the Augusta Georgia web site under the Procurement Department ARCbid. RFP documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901 (706-821-2422). A Pre Proposal Conference will be held on Tuesday, June 1, 2021, @ 10:00 a.m. via ZOOM (ID: 981 4700 5233 and Password: 892533) All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Wednesday, June 2, 2021, @ 5:00 P.M. No RFP will be accepted by fax or email, all must be received by mail or hand delivered. No RFP may be withdrawn for a period of 90 days after bids have been opened, pending the execution of contract with the successful bidder(s). Request for proposals (RFP) and specifications. An RFP shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the request for proposal including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waivable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark RFP number on the outside of the envelope. GEORGIA E-Verify and Public Contracts: The Georgia E-Verify law requires contractors and all sub-contractors on Georgia public contract (contracts with a government agency) for the physical performance of services over $2,499 in value to enroll in E-Verify, regardless of the number of employees. They may be exempt from this requirement if they have no employees and do not plan to hire employees for the purpose of completing any part of the public contract. Certain professions are also exempt. All requests for proposals issued by a city must include the contractor affidavit as part of the requirement for their bid to be considered. Proponents are cautioned that acquisition of RFP documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RFP documents from unauthorized sources places the proponent at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov GERI A. SAMS, Procurement Director Publish: Augusta Chronicle May 6, 13, 20, 27, 2021 Metro Courier May 6, 2021 PCJ QUALITY ASSURANCE LLC 1072 PLUM ROAD JACKSON, SC 29831 LARRY L. MCCORD LLC DESIGN 2016 HIGHLAND AVENUE AUGUSTA, GA 30904 BEAM’S CONTRACTING 15030 ATOMIC ROAD BEECH ISLAND, SC 29842 REEVES CONSTRUCTION CO. 1 APAC INDUSTRIAL WAY AUGUSTA, GA 30907 BLAIR CONSTRUCTION P. O. BOX 770 EVANS, GA. 30809 HORIZON CONSTRUCTION PO BOX 798 EVANS, GA. 30809 Pond Maintenance of Augusta 3707 Colbert St. Augusta, GA 30906 J&B CONSTRUCTION & SRVC INC 3550 GORDON HIGHWAY GROVETOWN G.A 30813 Evaluation Criteria Ranking Points 1. Completeness of Response • Package submitted by the deadline • Package is complete (includes requested information as required per this solicitation) • Attachment B is complete, signed and notarized N/A Pass/Fail PASS PASS PASS PASS PASS PASS PASS PASS 2. Qualifications & Experience (0-5)20 2.8 3.5 5.0 5.0 5.0 4.0 2.5 3.3 3. Organization & Approach (0-5)15 3.0 3.5 5.0 5.0 5.0 3.0 2.5 3.0 4. Scope of Services Experience and approach to the following as requested in Section II. Scope of Services and Section III. Minimum Requirements: a. Project Specific Experience - three (3) years of experience similar to this scope of work. b. Past performance on projects similar in nature. c. Evidence that firm fully understands Owner’s goals and project scope. (0-5)20 2.8 3.5 5.0 5.0 5.0 3.0 2.0 3.0 5. Financial Stability (0-5)5 2.5 4.0 5.0 5.0 5.0 4.0 2.0 5.0 6. References (0-5)5 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 Within Richmond County 5 10 5 5 5 Within CSRA 5 6 5 5 5 5 5 Within Georgia 5 4 Within SE United States (includes AL, TN, NC, SC, FL) 5 2 • All Others 5 1 21 24.5 30 30 30 24 19 24.25 8. Presentation by Team (0-5)10 9. Q&A Response to Panel Questions (0-5)5 Lowest Fees 5 10 5 Second 5 6 5 Third 5 4 5 Forth 5 2 5 Fifth 5 1 5 Total Phase 2 - (Total Maximum Ranking 15 - Maximum Weighted Total Possible 125) 0 5 5 5 5 5 0 0 21 29.5 35 35 35 29 19 24.25 Procurement DepartmentRepresentative:____Nancy Williams________________________________________ Procurement Department Completion Date: 7/12/21 Internal Use Only Evaluator: Cumulative Date: 7/12/21 RFP Opening Item #21-155 Augusta Infrastructure Routine Maintenance (Storm Drainage, Sidewalks, Street Lighting and Concrete) Augusta, GA - Engineering Department RFP Evaluation Meeting Date: Wednesday, July 7, 2021 @ 3:00 p.m. 7. Proximity to Area (only choose 1 line according to location of the company - enter the ranking value for the one line only) Total Cumulative Score (Maximum point is 500) Total (Total Possible Score 500) Total (May not Receive Less Than a 3 Ranking in Any Category to be Considered for Award) 10. Cost/Fee Proposal Consideration (only choose 1 line according to dollar value of the proposal in relation to all fee proposals - enter the point value for the one line only) Vendors Phase 1 Total - (Total Maximum Ranking 30 - Maximum Weighted Total Possible 375) Phase 1 Scale 0 (Low) to 5 (High) Ranking of 0-5 (Enter a number value between 0 and 5) Phase 2 (Option - Numbers 8-9 (Vendors May Not Receive Less Than a 3 Ranking in Any Category to be Considered for Award) Vendors PCJ QUALITY ASSURANCE LLC 1072 PLUM ROAD JACKSON, SC 29831 LARRY L. MCCORD LLC DESIGN 2016 HIGHLAND AVENUE AUGUSTA, GA 30904 BEAM’S CONTRACTING 15030 ATOMIC ROAD BEECH ISLAND, SC 29842 REEVES CONSTRUCTION CO. 1 APAC INDUSTRIAL WAY AUGUSTA, GA 30907 BLAIR CONSTRUCTION P. O. BOX 770 EVANS, GA. 30809 HORIZON CONSTRUCTION PO BOX 798 EVANS, GA. 30809 Pond Maintenance of Augusta 3707 Colbert St. Augusta, GA 30906 J&B CONSTRUCTION & SRVC INC 3550 GORDON HIGHWAY GROVETOWN G.A 30813 Phase 1 Evaluation Criteria 1. Completeness of Response • Package submitted by the deadline • Package is complete (includes requested information as required per this solicitation) • Attachment B is complete, signed and notarized PASS PASS PASS PASS PASS PASS PASS PASS 2. Qualifications & Experience 56.0 70.0 100.0 100.0 100.0 80.0 50.0 66.0 3. Organization & Approach 45.0 52.5 75.0 75.0 75.0 45.0 37.5 45.0 Scope of Services: • Minimum of five (5) years of experience in buying media, developing strategic advertising plans, designing creative concepts and materials to implement those plans, and producing or coordinating the production of the advertising for a business or organization comparable in size and scope to the Augusta Regional Airport. • Experience in the development of detailed annual media plans, public relations campaigns, multi media advertising (design, produce, and buy), web site design and marketing, and direct 56.0 70.0 100.0 100.0 100.0 60.0 40.0 60.0 6. Financial Stability 12.5 20.0 25.0 25.0 25.0 20.0 10.0 25.0 7. References 25.0 25.0 25.0 25.0 25.0 25.0 25.0 25.0 Within Richmond County 0 50 0 50 0 0 50 0 Within CSRA 30 0 30 0 30 30 0 30 Within Georgia 0 0 0 0 0 0 0 0 Within SE United States (includes AL, TN, NC, SC, FL) 0 0 0 0 0 0 0 0 • All Others 0 0 0 0 0 0 0 0 Phase 1 Total - (Total Maximum Ranking 25 - Maximum Weighted Total Possible 325)224.5 287.5 355.0 375.0 355.0 260.0 212.5 251.0 8. Presentation by Team 0 0 0 0 0 0 0 0 9 Q&A Response to Panel Questions 0 0 0 0 0 0 0 0 Lowest Fees 0 50 0 0 0 0 0 0 Second 0 0 30 0 0 0 0 0 Third 0 0 0 0 0 20 0 0 Forth 0 0 0 0 10 0 0 0 Fifth 0 0 0 5 0 0 0 0 Total Phase 2 - (Total Maximum Ranking 15 - Maximum Weighted Total Possible 125) 0 50 30 5 10 20 0 0 Total Cumulative Score (Maximum point is 500)224.5 337.5 385 380 365 280 212.5 251 Phase 2 (Option - Numbers 9-100 (Vendors May Not Receive Less Than a 3 Ranking in Any Category to be Considered for Award) Procurement DepartmentRepresentative:___Nancy Williams_________________________________________ Procurement Department Completion Date: 7/12/21 Internal Use Only Evaluator: Cumulative Date: 7/12/21 PG 2 of 2 Augusta Infrastructure Routine Maintenance (Storm Drainage, Sidewalks, Street Lighting and Concrete) Augusta, GA - Engineering Department RFP Evaluation Meeting Date: Wednesday, June 23, 2021 @ 3:00 p.m. Weighted Scores Total (Total Possible Score 500) Total (May not Receive Less Than a 3 Ranking in Any Category to be Considered for Award) 11. Cost/Fee Proposal Consideration (only choose 1 line according to dollar value of the proposal in relation to all fee proposals - enter the point value for the one line only) 8. Proximity to Area (only choose 1 line according to location of the company - enter the ranking value for the one line only) Meeting ID Topic Start Time End Time Minutes Participants 98147005233 Pre Proposal Conference - RFP Item #21-155 Augusta Infrastructure Routine Maintenance 6/1/2021 9:08 6/1/2021 10:30 82 13 Name (Original Name)User Email Total Minutes Guest Ashkea White (Shill@augustaga.gov)shill@augustaga.gov 82 No Nancy Williams 66 Yes Greyson Davis 54 Yes Pdillard 37 Yes Hameed MALIK 35 Yes Charles Norwood III 34 Yes Greg Hamilton ghamilton@reevescc.com 33 Yes iPhone David 3980 33 Yes Yolanda Jackson yljackson25@gmail.com 33 Yes La’Darise Williams 32 Yes iPhone 52 Yes June Hamal jhamal@augustaga.gov 27 No 1 FYI: Process Regarding Request for Proposals Sec. 1-10-51. Request for proposals. Request for proposals shall be handled in the same manner as the bid process as described above for solicitation and awarding of contracts for goods or services with the following exceptions: (a) Only the names of the vendors making offers shall be disclosed at the proposal opening. (b) Content of the proposals submitted by competing persons shall not be disclosed during the process of the negotiations. (c) Proposals shall be open for public inspection only after the award is made. (d) Proprietary or confidential information, marked as such in each proposal, shall not be disclosed without the written consent of the offeror. (e) Discussions may be conducted with responsible persons submitting a proposal determined to have a reasonable chance of being selected for the award. These discussions may be held for the purpose of clarification to assure a full understanding of the solicitation requirement and responsiveness thereto. (f) Revisions may be permitted after submissions and prior to award for the purpose of obtaining the best and final offers. (g) In conducting discussions with the persons submitting the proposals, there shall be no disclosure of any information derived from the other persons submitting proposals. Sec. 1-10-52. Sealed proposals. (a) Conditions for use. In accordance with O.C.G.A. § 36-91-21(c)(1)(C), the competitive sealed proposals method may be utilized when it is determined in writing to be the most advantageous to Augusta, Georgia, taking into consideration the evaluation factors set forth in the request for proposals. The evaluation factors in the request for proposals shall be the basis on which the award decision is made when the sealed proposal method is used. Augusta, Georgia is not restricted from using alternative procurement methods for 2 obtaining the best value on any procurement, such as Construction Management at Risk, Design/Build, etc. (b) Request for proposals. Competitive sealed proposals shall be solicited through a request for proposals (RFP). (c) Public notice. Adequate public notice of the request for proposals shall be given in the same manner as provided in section 1-10- 50(c)(Public Notice and Bidder's List); provided the normal period of time between notice and receipt of proposals minimally shall be fifteen (15) calendar days. (d) Pre-proposal conference. A pre-proposal conference may be scheduled at least five (5) days prior to the date set for receipt of proposals, and notice shall be handled in a manner similar to section 1-10-50(c)-Public Notice and Bidder's List. No information provided at such pre-proposal conference shall be binding upon Augusta, Georgia unless provided in writing to all offerors. (e) Receipt of proposals. Proposals will be received at the time and place designated in the request for proposals, complete with bidder qualification and technical information. No late proposals shall be accepted. Price information shall be separated from the proposal in a sealed envelope and opened only after the proposals have been reviewed and ranked. The names of the offerors will be identified at the proposal acceptance; however, no proposal will be handled so as to permit disclosure of the detailed contents of the response until after award of contract. A record of all responses shall be prepared and maintained for the files and audit purposes. (f) Public inspection. The responses will be open for public inspection only after contract award. Proprietary or confidential information marked as such in each proposal will not be disclosed without written consent of the offeror. (g) Evaluation and selection. The request for proposals shall state the relative importance of price and other evaluation factors that will be used in the context of proposal evaluation and contract award. (Pricing proposals will not be opened until the proposals have been reviewed and ranked). Such evaluation factors may include, but not be limited to: (1) The ability, capacity, and skill of the offeror to perform the contract or 3 provide the services required; (2) The capability of the offeror to perform the contract or provide the service promptly or within the time specified, without delay or interference; (3) The character, integrity, reputation, judgment, experience, and efficiency of the offeror; (4) The quality of performance on previous contracts; (5) The previous and existing compliance by the offeror with laws and ordinances relating to the contract or services; (6) The sufficiency of the financial resources of the offeror relating to his ability to perform the contract; (7) The quality, availability, and adaptability of the supplies or services to the particular use required; and (8) Price. (h) Selection committee. A selection committee, minimally consisting of representatives of the procurement office, the using agency, and the Administrator's office or his designee shall convene for the purpose of evaluating the proposals. (i) Preliminary negotiations. Discussions with the offerors and technical revisions to the proposals may occur. Discussions may be conducted with the responsible offerors who submit proposals for the purpose of clarification and to assure full understanding of, and conformance to, the solicitation requirements. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussions and revision of proposals and such revisions may be permitted after submission and prior to award for the purpose of obtaining best and final offers. In conducting discussions, there shall be no disclosure of information derived from proposals submitted by competing offerors. (j) From the date proposals are received by the Procurement Director through the date of contract award, no offeror shall make any substitutions, deletions, 4 additions or other changes in the configuration or structure of the offeror’s teams or members of the offeror’s team. (k) Final negotiations and letting the contract. The Committee shall rank the technical proposals, open and consider the pricing proposals submitted by each offeror. Award shall be made or recommended for award through the Augusta, Georgia Administrator, to the most responsible and responsive offeror whose proposal is determined to be the most advantageous to Augusta, Georgia, taking into consideration price and the evaluation factors set forth in the request for proposals. No other factors or criteria shall be used in the evaluation. The contract file shall contain a written report of the basis on which the award is made/recommended. The contract shall be awarded or let in accordance with the procedures set forth in this Section and the other applicable sections of this chapter. EXHIBIT A 21‐155 Concrete & Storm Pipes Maintenance AED Offered Description Estimated Quantity ** QTY Unit Unit Price Total Price A ‐ General Concrete Remove and Dispose of Existing Concrete Pavement 250 250 SY $99.81 $24,952.50 Remove and Dispose of Existing Asphalt Pavement 250 250 SY $69.63 $17,407.50 Remove and Dispose of Existing 6IN Concrete Curb and Gutter 150 150 LF $41.46 $6,219.00 Remove and Dispose of Existing 6IN Concrete Flatwork 100 100 SY $65.00 $6,500.00 Remove and Dispose of Existing 8IN Concrete Flatwork 50 50 SY $76.62 $3,831.00 Adjust Existing Manhole/Structure to New Finished Grade 20 20 EA $1,470.00 $29,400.00 Driveway Concrete, 6IN ≤50 50 SY $175.00 $8,750.00 Driveway Concrete, 6IN >50‐60 50 SY $169.00 $8,450.00 Driveway Concrete, 6IN >60 60 SY $153.50 $9,210.00 Concrete Sidewalk, 4IN ≤30 30 SY $140.50 $4,215.00 Concrete Sidewalk, 4IN >30‐60 30 SY $140.50 $4,215.00 Concrete Sidewalk, 4IN >60 60 SY $128.00 $7,680.00 Concrete Sidewalk, 6IN ≤30 30 SY $175.00 $5,250.00 Concrete Sidewalk, 6IN >30‐60 30 SY $166.95 $5,008.50 Concrete Sidewalk, 6IN >60 60 SY $155.44 $9,326.40 Concrete Sidewalk, 8IN ≤30 30 SY $195.00 $5,850.00 Concrete Sidewalk, 8IN >30‐60 30 SY $170.00 $5,100.00 Concrete Sidewalk, 8IN >60 60 SY $160.00 $9,600.00 Concrete Curb&Gutter, 6INx24IN (includes associated roadbase) ≤12 12 SY $80.00 $960.00 Concrete Curb&Gutter, 6INx24IN (includes associated roadbase) >12‐25 12 SY $75.00 $900.00 Concrete Curb&Gutter, 6INx24IN (includes associated roadbase)>25 25 SY $70.00 $1,750.00 Concrete Curb&Gutter, 6INx32IN (includes associated roadbase) ≤15 15 SY $85.00 $1,275.00 Concrete Curb&Gutter, 6INx32IN (includes associated roadbase) >15‐30 15 SY $85.00 $1,275.00 Concrete Curb&Gutter, 6INx32IN (includes associated roadbase)>30 30 SY $79.00 $2,370.00 Concrete Median, 8IN ≤50 50 SY $215.00 $10,750.00 Concrete Median, 8IN >50‐100 50 SY $210.00 $10,500.00 $200,744.90 AED Offered Description Estimated Quantity ** Unit Unit Price Total Price B ‐ OFF ROAD STORM SEWER, OPEN‐CUT, COMPLETE in Place Replacement of 12IN pipe with Storm RCP Pipe, 12IN, H 1‐10 100 100 LF $155.00 $15,500.00 Replacement of 15IN pipe with Storm RCP Pipe, 15IN, H 1‐10 100 100 LF $154.50 $15,450.00 Replacement of 18IN pipe with Storm RCP Pipe, 28IN, H 1‐10 200 200 LF $172.71 $34,541.00 Replacement of 18IN pipe with Storm RCP Pipe, 18IN, H 10‐15 100 100 LF $177.50 $17,750.00 Replacement of 24IN pipe with Storm RCP Pipe, 24IN, H 1‐10 250 250 LF $194.37 $48,592.50 Replacement of 24IN pipe with Storm RCP Pipe, 24IN, H 10‐15 150 150 LF $196.00 $29,400.00 Replacement of 30IN pipe with Storm RCP Pipe, 30IN, H 1‐10 200 200 LF $196.31 $39,261.00 Replacement of 30IN pipe with Storm RCP Pipe, 30IN, H 10‐15 100 100 LF $225.50 $22,550.00 Replacement of 36IN pipe with Storm RCP Pipe, 36IN, H 1‐10 150 150 LF $217.26 $32,589.00 Replacement of 36IN pipe with Storm RCP Pipe, 36IN, H 10‐15 100 100 LF $259.00 $25,900.00 Replacement of 42IN pipe with Storm RCP Pipe, 42IN, H 1‐10 100 100 LF $265.50 $26,550.00 Replacement of 42IN pipe with Storm RCP Pipe, 42IN, H 10‐15 50 50 LF $297.00 $14,850.00 Replacement of 48IN pipe with Storm RCP Pipe, 48IN, H 1‐10 100 100 LF $288.50 $28,850.00 Replacement of 48IN pipe with Storm RCP Pipe, 48IN, H 10‐15 50 50 LF $348.75 $17,437.50 Replacement of 54IN pipe with Storm RCP Pipe, 54IN, H 1‐10 100 100 LF $350.25 $35,025.00 Replacement of 54IN pipe with Storm RCP Pipe, 54IN, H 10‐15 30 30 LF $459.75 $13,792.50 Replacement of 60IN pipe with Storm RCP Pipe, 60IN, H 1‐10 50 50 LF $469.92 $23,496.00 Replacement of 60IN pipe with Storm RCP Pipe, 60IN, H 10‐15 30 30 LF $500.00 $15,000.00 $456,534.50 AED Offered Description Estimated Quantity ** Unit Unit Price Total Price C ‐ ON ROAD STORM SEWER, OPEN‐CUT, COMPLETE in Place Replacement of 15IN pipe with Storm RCP Pipe, 15IN, H 1‐10 100 100 LF $215.00 $21,500.00 Replacement of 15IN pipe with Storm RCP Pipe, 15IN, H 10‐15 40 40 LF $250.00 $10,000.00 Replacement of 18IN pipe with Storm RCP Pipe, 18IN, H 1‐10 200 200 LF $246.00 $49,200.00 Replacement of 18IN pipe with Storm RCP Pipe, 18IN, H 10‐15 40 40 LF $360.00 $14,400.00 Replacement of 24IN pipe with Storm RCP Pipe, 24IN, H 1‐10 200 200 LF $290.00 $58,000.00 Replacement of 24IN pipe with Storm RCP Pipe, 24IN, H 10‐15 40 40 LF $360.00 $14,400.00 Replacement of 30IN pipe with Storm RCP Pipe, 30IN, H 1‐10 100 100 LF $310.00 $31,000.00 Replacement of 30IN pipe with Storm RCP Pipe, 30IN, H 10‐15 40 40 LF $412.00 $16,480.00 Replacement of 36IN pipe with Storm RCP Pipe, 36IN, H 1‐10 100 100 LF $330.00 $33,000.00 Replacement of 36IN pipe with Storm RCP Pipe, 36IN, H 10‐15 40 40 LF $452.50 $18,100.00 Replacement of 42IN pipe with Storm RCP Pipe, 42IN, H 1‐10 100 100 LF $400.00 $40,000.00 Replacement of 42IN pipe with Storm RCP Pipe, 42IN, H 10‐15 40 40 LF $494.00 $19,760.00 Replacement of 48IN pipe with Storm RCP Pipe, 48IN, H 1‐10 100 100 LF $420.00 $42,000.00 Replacement of 48IN pipe with Storm RCP Pipe, 48IN, H 10‐15 40 40 LF $536.50 $21,460.00 Replacement of 54IN pipe with Storm RCP Pipe, 54IN, H 1‐10 80 80 LF $503.00 $40,240.00 Replacement of 54IN pipe with Storm RCP Pipe, 54IN, H 10‐15 30 30 LF $694.00 $20,820.00 Replacement of 60IN pipe with Storm RCP Pipe, 60IN, H 1‐10 80 80 LF $600.00 $48,000.00 Replacement of 60IN pipe with Storm RCP Pipe, 60IN, H 10‐15 30 30 LF $751.00 $22,530.00 $520,890.00 AED Offered Description Estimated Quantity ** Unit Unit Price Total Price D ‐ STORM STRUCTURES, COMPLETE in Place Replacing SW Trap TOP (Removal & Installation)30 30 EA $2,200.00 $66,000.00 Replacing DW Trap TOP (Removal & Installation)30 30 EA $2,550.00 $76,500.00 Replacing SW Trap Throat (Removal & Installation)30 30 EA $1,150.00 $34,500.00 Replacing DW Trap Throat (Removal & Installation)30 30 EA $1,312.50 $39,375.00 Repir of Catch Basin 40 40 EA $2,700.00 $108,000.00 Repair of Drop Inlet 40 40 EA $2,950.00 $118,000.00 Repair of Junction Box/Manhole 40 40 EA $3,161.58 $126,463.20 Replacement of Catch Basin with New Catch Basin 30 30 EA $5,750.00 $172,500.00 Replacement of Drop Inlet with new Drop Inlet 30 30 EA $6,000.00 $180,000.00 Replacement of Junction Box/ manhole with new Junction Box/Manhole 20 20 EA $6,250.00 $125,000.00 Concrete Grinding 20 20 SY $131.50 $2,630.00 Concrete Crack Caulking and Sealing 20 20 LF $36.50 $730.00 Point Repair to Storm Sewer, complete in place (Trench ≤10ft depth) 40 40 EA $3,000.00 $120,000.00 Point Repair to Storm Sewer, complete in place (Trench ≤10ft depth) 40 40 EA $4,875.00 $195,000.00 $1,364,698.20 AED Offered E‐ STORM SEWER, LINE EXISTING CORRGATED METAL (CMP) PIPE Unit Price Total Price Line Existing 12IN CMP with Cementious spray lining(complete in place)50 50 LF $251.25 $12,562.50 Line Existing 15IN CMP with Cementious spray lining (complete in place)50 50 LF $266.00 $13,300.00 Line Existing 18IN CMP with Cementious spray lining(complete in place)200 200 LF $268.85 $53,770.00 Line Existing 24IN CMP with Cementious spray lining(complete in place)200 200 LF $296.93 $59,385.00 Line Existing 30IN CMP with Cementious spray lining(complete in place)200 200 LF $322.50 $64,500.00 Line Existing 36IN CMP with Cementious spray lining (complete in place)100 100 LF $375.00 $37,500.00 Line Existing 42IN CMP with Cementious spray lining (complete in place)100 100 LF $457.50 $45,750.00 Line Existing 48IN CMP with Cementious spray lining(complete in place)200 200 LF $497.50 $99,500.00 Line Existing 54IN CMP with Cementious spray lining(complete in place)100 100 LF $559.50 $55,950.00 Line Existing 60IN CMP with Cementious spray lining(complete in place)100 100 LF $620.00 $62,000.00 $504,217.50 AED Offered F‐ STORM SEWER, LINE EXISTING CORRGATED METAL (CMP) PIPE Unit Price Total Price Line Existing 12IN CMP with Lining with felt or fiberglass CIPP (complete in place)50 50 LF $240.25 $12,012.50 Line Existing 15IN CMP with ining with felt or fiberglass CIPP(complete in place)50 50 LF $260.25 $13,012.50 Line Existing 18IN CMP with ining with felt or fiberglass CIPP(complete in place)200 200 LF $267.75 $53,550.00 Line Existing 24IN CMP withining with felt or fiberglass CIPP (complete in place)200 200 LF $295.25 $59,050.00 Line Existing 30IN CMP with ining with felt or fiberglass CIPP(complete in place)200 200 LF $375.00 $75,000.00 Line Existing 36IN CMP with ining with felt or fiberglass CIPP(complete in place)100 100 LF $442.50 $44,250.00 Line Existing 42IN CMP with ining with felt or fiberglass CIPP(complete in place)100 100 LF $510.25 $51,025.00 Line Existing 48IN CMP with ining with felt or fiberglass CIPP in place)200 200 LF $595.00 $119,000.00 Line Existing 54IN CMP with ining with felt or fiberglass CIPP (complete in place)100 100 LF $699.75 $69,975.00 Line Existing 60IN CMP with ining with felt or fiberglass CIPP(complete in place)100 100 LF $810.00 $81,000.00 $577,875.00 AED Offered Unit Price Total Price G‐ STREET LIGHTING‐ REPLACEMENT & INSTALLATION Pull Box, PB‐1 (Type 1)15 15 EA $73.11 $1,096.65 Demolish Light Pole Base 1 1 CY $2,359.00 $2,359.00 Install Light Pole Base 1 1 CY $2,483.80 $2,483.80 $5,939.45 H‐ ALLOANCE ITEMS Alloance for working in locations with difficult access 1 1 LS $30,000.00 $30,000.00 Alloance for unexpected field conditions or issues that are beyond the scope of typical storm sewer construction project 1 1 LS $75,000.00 $75,000.00 Alloance for Additional Quantities 1 1 LS $200,000.00 $200,000.00 AED Offerd $3,935,899.55 Commission Meeting Agenda 12/7/2021 2:00 PM Construction Services for Lake Olmstead and Warren Lake Sediment Dredging and Disposal RFP ITEM #20-224 Department:Engineering Department:Engineering Caption:Approve Supplementing Construction Contract of Sediment Dredging and Disposal construction services to Waterfront Property Services, LLC Waterfront Property Services, LLC dba Gator Dredging for continuation of lake dredging & sediments disposal and including Warren Lake permitted area. Also approve supplemental funding in the amount of $1,000,000.00 for Warren Lake Phase 1 dredging activities. Requested by AED. RFP 20-224 Background:Augusta Canal Basin Dredging (Lake Olmstead, Warren Lake, Lake Aumond, and Heirs Ponds) are approved projects. AED recently secured Section 404 of the Clean Water Act required individual permits and Lake Aumond and Heirs were dredged first; completed in 2019. Soon after AED proceeded with phase one of Lake Olmstead/Warren Lake disposal site construction followed by Lake Olmstead (Upper and Lower lakes)dredging. Upper Lake dredging is completed and lower lake tentative completion is by the end of next month (November 2021). AED is proposing to continue dredging and supplement Warren Lake dredging to ongoing work in two phases. First Phase(Phase1) includes preparation of site and completion of initial tasks such as proposed forebay for capturing future sedimentation. Second Phase(Phase2)will commence after completion of Phase1 and includes dredging and disposal activities. Final Phase will be installation of 2ft clean soil cap. At completion, water bodies will return to their near original contours while improving water retention and visual appeal. It will also create and enhance water recreational activities. Analysis:Completing Warren Lake dredging along with Lake Olmstead dredging is a cost effective way to complete dredging of the last of four regulatory permitted waterbodies. There will be no cost escalation to Current contract unit rates. It is AED determination Cover Memo that supplementing Warren Lake dredging to work in-progress is cost effective option and Gator Dredging is the only contractor submitting proposals for such work. AED estimated that such action will yield cost saving of approximately two (2) million dollars. Cost saving comes from contractor’s mobilization/demobilization and eliminating disposed sediments first phase capping (capping of Lake Olmstead disposed of sediment). Final capping will be done following the completion Warren Lake dredged material disposal at the same disposal site. Financial Impact:Funds in amount of $1,000,000.00 available in Engineering Projects SPLOST recaptured funds upon commission approval. Alternatives:1). No Alternate proposed. Recommendation:Approve Supplementing Construction Contract of Sediment Dredging and Disposal Construction Services to Waterfront Property Services, LLC Waterfront Property Services, LLC dba Gator Dredging for continuation of lake dredging & sediments disposal and including Warren Lake permitted area. Also approve supplemental funding in the amount of $1,000,000.00 for Warren Lake Phase 1 dredging activities. Requested by AED. RFP 20-224 Funds are Available in the Following Accounts: ($1,000,000.00) Engineering Projects SPLOST–Recaptured Funds 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#328-041110-211828103. This request is to approve in the SPLOST Recaptured fund balance in the amount of $1,000,000.00. Requested by AED. Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. SPLOST VI SPLOST III SPLOST IV SPLOST V SPLOST VII SPLOST Recaptured Funds 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 _________________________________________________ Honorable Hardie Davis, Mayor CAPITAL PROJECT BUDGET Construction Services for Lake Olmstead Sediment Dredging and Disposal (RPF 20-224) Supplementing Construction Contract of Sediment Dredging & Disposal Services to Waterfront Property Services, LLC dba Gator Dredging for continuation of lake dredging and sediments disposal and including Warren Lake permitted area. Funds are available 10.8.2020 Augusta-Richmond County, Georgia CAPITAL PROJECT BUDGET Construction Services for Lake Olmstead Sediment Dredging and Disposal (RPF 20-224) CPB AMOUNT CPB SOURCE OF FUNDS CPB ADDITION Lake Olmstead SPLOST PHASE VI ($2,000,000) SPLOST III (Recaptured funds) 323-041110-296823309 ($185,596) SPLOST IV (Recaptured funds) 324-041110-201824333 ($376,114) SPLOST V (Recaptured funds) 325-041110-218825903 ($2,207,270) SPLOST VII (Recaptured funds) 329-041110-216829903 ($136,520) SPLOST RECAPTURED FUNDS $0 ($1,000,000) TOTAL SOURCES:($4,905,500)($1,000,000) CPB AMOUNT CPB USE OF FUNDS CPB ADDITION Lake Olmstead SPLOST PHASE VI $2,000,000 SPLOST III (Recaptured funds) 323-041110-296823309 $185,596 10.8.2020 Section 1: The project is authorized to CPB#328-041110-211828103. This request is to approve 2,000,000 185,596 376,114 2,207,270 136,520 1,000,000 5,905,500 CPB#328-041110-211828103 Construction Services for Lake Olmstead Sediment Dredging and Disposal Supplementing Construction Contract of Sediment Dredging & Disposal Services to Waterfront Property Services, LLC dba Gator Dredging for continuation of lake dredging and sediments disposal and including Warren Lake permitted area. Funds are available 10.8.2020 CPB#328-041110-211828103 Construction Services for Lake Olmstead Sediment Dredging and Disposal NEW CPB ($2,000,000) ($185,596) ($376,114) ($2,207,270) ($136,520) ($1,000,000) ($5,905,500) NEW CPB $2,000,000 $185,596 10.8.2020 Commission Meeting Agenda 12/7/2021 2:00 PM GDOT Request-Option of Right of Way GDOT Project PI# 0009916 SR88/Bath Edie Rd. Roundabout File Reference: 21 – 014(A) Department:Engineering Department:Engineering Caption:Motion to approve accepting Georgia Department of Transportation (GDOT) option of 0.439 acres right-of-way purchase from the Augusta, GA owned parcel located at 3129 Highway 88 (TMP 223-0-036-00-0) at fair market assessed valve of $3,600 for construction of single lane roundabout on SR88 at CR 58/Bath Eddie Road (PI#0009916). To be purchased right-of-way boundaries are depicted at attached GDOT Preliminary Right of Way Map dated 09/24/2020 sheets 60-0002, 60-0003, and 60-006, and described at sheet 60-0007. This right of way sale is contingent upon retaining City of Hephzibah existing easements. Also, authorize Legal Department to sign and execute "Option for Right of Way" and associated documents. Requested by AED. (Approved by the Engineering Services Committee November 30, 2021) Background:GDOT is in the process of purchasing property to improve traffic safety at intersection of Hwy 88 at Bath Edie. The project is construction of single lane roundabout. Project right of way acquisition phase is in progress and let schedule in June 2022. Estimated construction cost is $2,115,695. Analysis:Traffic safety is a serious concern at this intersection and traffic fatalities have occurred there recently. Construction of roundabout will significantly improve traffic safety at this intersection. Requested right of way is essential for completion of this project. Financial Impact:GDOT offered to pay $3,600 for 0.439 acres right-of-way purchase Alternatives:1). No Alternate proposed Cover Memo Recommendation:Approve accepting Georgia Department of Transportation (GDOT) option of 0.439 acres right-of-way purchase from the Augusta, GA owned parcel located at 3129 Highway 88 (TMP 223-0-036-00-0) at fair market assessed value of $3,600 for construction of single lane roundabout on SR88 at CR 58/Bath Eddie Road (PI#0009916). To be purchased right-of-way boundaries are depicted at attached GDOT Preliminary Right of Way Map dated 09/24/2020 sheets 60-0002, 60-0003, and 60- 006, and described at sheet 60-0007. This right of way sale is contingent upon retaining City of Hephzibah existing easements. Also, authorize Legal Department to sign and execute “Option for Right of Way” and associated documents. Requested by AED Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Option for Right of Way GEORGIA,Richmond COUNTY PI#: 0009916 PARCEL: 1 Received of The Department of Transportation , the sum of One ($1.00) Dollar, the receipt whereof is hereby acknowledged, and in consideration thereof, and in consideration of the benefits derived by me from the proposed project mentioned herein, I bind myself, my heirs, executors and assigns as follows: If the said Department of Transportation, shall within 60 days after date hereof pay me the sum of $ 3,600.00 when the undersigned agrees to execute and deliver to the Department of Transportation fee simple title and easements to the land owned by the undersigned, which is shown reflected in color on the right of way map attached hereto and made a part hereof by reference, to be used for highway purposes on the construction of a single lane roundabout on SR 88 at CR 58/Bath Edie Road being Parcel 1 consisting of 0.439 acres in fee and n/a square feet of easement and n/a Linear Feet of Access Rights on Georgia Highway Project Identification Number 0009916. It is agreed and understood that all TEMPORARY EASEMENTS are limited to the period required for the construction of said project and upon completion and acceptance of same by the Department of Transportation from the contractor, said TEMPORARY EASEMENT will terminate. It is agreed and understood that I, or any tenant now in possession or any other persons having a claim or interest in subject property, will have not less than two (2) months from date of execution of a deed and easements or for residential properties three (3) months from the date replacement housing is available, whichever is greater to vacate the premises and that on vacating of said premises, only items of personal property will be removed, all items attached to the property and being classed as realty to remain. The above agreement to apply unless otherwise provided in Special Provision. If the Department of Transportation agrees to allow the Grantor or tenant in possession to occupy the subject premises beyond the two month period stated above, the person will be required to pay a rental fee of $, payable each month in advance. Subsequent to the date of transfer of title to the Department of Transportation and prior to vacation of subject premises, the person in possession will hold the Department harmless as to any claim in connection with the occupancy of said premises. The above option price includes payment for the right of way above described, together with all improvements wholly or partially situated thereon and the right to enter upon the adjacent lands not included in said required Right of Way and Easements for the purpose of removing or demolishing such improvements. The undersigned further agrees that the Department will be designated an authorized agent for the removal of underground storage tank systems located wholly or partially in said right of way or easement. SPECIAL PROVISIONS (Realty Items ONLY) Any existing easements for utilities will be handled by the Georgia Department of Transportation’s Utilities Department. Grantor may retain title to n/a for sum of $ 0.00 (40% of improvement value) which shall be deducted from the option price at the time of closing; PROVIDED, he will obligate and firmly bind himself and his successors in title to strictly and faithfully comply with each of the following conditions: Utilities 1. Grantor will demolish or remove the above described improvements from the right of way, easements and set back area and clear said right of way, easements and set back area from the right of way sufficient to comply with County Building Code requirements; however, in the absence of County requirements, a minimum set back of 50 feet is required. All rubbish and debris must be removed to the satisfactions of authorized personnel of the Department of Transportation within 30 calendar days after notice to proceed. 2. Grantor will comply with all laws, ordinances, and regulations of building codes applicable to demolition or removal of buildings in Georgia and hold the Department of Transportation and the county of n/a harmless as to any claim in connection therewith. 3. It is understood and agreed that no utility connections shall be made or allowed to relocated structures across or from a limited access right of way, and it is understood and agreed that grantor has agreed to bargain, sell and convey to the Department of Transportation all existing utility rights, and the Department will not be liable in any way for utility reconnections adjacent to acquired rights of way or any subsequent location of improvements. 4. Grantor will leave on deposit with the Department of Transportation the additional sum of $ 0.00 (20% of improvement value) which will be deducted from the aforesaid option price at closing. This sum will be held as a cash performance bond conditioned on the strict and faithful performance of the aforesaid obligations. Time is expressly made of the essence of this Special Provision, and in the event grantor fails to comply with aforesaid obligations, all sums held by the Department of Transportation shall be retained as liquidated damages, and title to and the right to remove said structure shall vest in the Department of Transportation. I (We) do (do not) elect to retain improvements as set out in this Special Provision. OTHER PROVISIONS (Non-realty Items - Cost to Cure and Trade Fixtures) This Offer includes a Cost to Cure payment of $ 0.00 . If the Cost to Cure compensates for: 1) replacement of necessity (well or septic) or 2) removal of items from the acquisition, then a Performance Bond of $ 20% per item will be withheld. This amount will be returned upon satisfactory replacement or removal of n/a . This Offer includes a Trade Fixture payment of $ 0.00 for certain non-realty items located in the acquisition. If I wish to relocate any of these items (yes or no), a Performance Bond of $ 20% per item will be withheld. This amount will be returned upon satisfactory removal of Page 1 of 2 Revised June 2021 GEORGIA,Richmond COUNTY PI#: 0009916 PARCEL: 1 I, the undersigned, understand that I will have no current nor future “property interests” in any median-cut constructed on this project. That this, or any other median-cut, may be closed, relocated, or otherwise modified before, during or after the initial installation. This paragraph is not applicable unless median-cut construction pertains to this project. The undersigned herein agrees for the same consideration, to provide, without cost to the Department of Transportation, a quit claim deed or such other releases as may be required by the closing attorney from any tenant now in possession of subject property and any other parties having a claim or interest in subject property. It is further agreed for said consideration to convey and relinquish to the Department of Transportation all rights of access between the Limited Access Highway and approaches thereto on the above numbered Highway and all of the remaining real property of the undersigned except at such points as designated by the Department of Transportation. This paragraph is not applicable unless access rights are indicated on the attached plat. The said parcel of land as above indicated is shown upon plans on file in the office of the Department of Transportation, Atlanta, Georgia, and said plans being identified as Project Identification Number ________0009916________ Grantor may execute and deliver fee simple title to the Department of Transportation to the above referenced right of way and an additional _n/a acres of land owned by the undersigned adjacent to and abutting on the above numbered highway for the total consideration of $ n/a which includes payment for the above referenced right of way requirements, other rights and conditions described herein and additional lands. This additional land is shown on the attached plat as the remainder of Parcel No. n/a . I (We) do (do not) elect to execute and deliver Parcel R deed. Witness my hand and seal this ______ day of _______, 20________. ________________________________________________________(L.S.) ________________________________________________________(L.S.) Signed, Sealed and Delivered in the presence of: ________________________________________________________ Notary Public ACCEPTED: DEPARTMENT OF TRANSPORTATION BY: __________________________________________________________ District Right of Way Team Manager (Date) Page 2 of 2 Revised June 2021 Russell R. McMurry, P.E., Commissioner One Georgia Center 600 West Peachtree Street, NW Atlanta, GA 30308 (404) 631-1000 Main Office September 28, 2021 Honorable Mayor Robert J. Buchwitz City of Hephzibah P.O. Box 250 Hephzibah, Georgia 30815 Subject: PI No. 0009916, Richmond County Easement Limited Agreement Undated – Water Facilities Dear Honorable Mayor Buchwitz: Attached are three counterparts of an undated Easement Limited Agreement between the City of Hephzibah, and the Georgia Department of Transportation on the above project. The project is to install a double-lane roundabout at SR 88/Patterson Road and CR 58/Bath Edie Road in Richmond County, Georgia. Required Right of Way for construction and maintenance of slopes will encroach on the City of Hephzibah’s easement which will be relocated within the Department’s Right of Way. The Easement Limited Agreement will be dated upon execution on behalf of the Department. If the Agreement meets your approval, please handle for execution on behalf of the City of Hephzibah and return all three counterparts to the State of Georgia, Office of Utilities, One Georgia Center, 600 West Peachtree Street, 10th Floor, Atlanta, Georgia 30308 for execution on behalf of the Department. In this connection, be sure to have a notary public sign the Agreement. Please be certain that the notary public’s seal is affixed alongside the signature. The Official Seal of the City of Hephzibah is required to be affixed to each counterpart in compliance with instructions from our Attorney General’s Office. Also, please provide the City of Hephzibah’s Federal Employee Identification Number (FEIN) in the blank shown on page 4 of the Agreement. This number is needed in order for the Department to make payment on your billings when they are submitted. Honorable Mayor Buchwitz PI No. 0009916, Richmond County Easement Limited Agreement Undated – Water Facilities September 28, 2021; Page 2 of 2 If you have any questions or need further information, please contact Frantz Boileau at 404-347-00605 or by e-mail at fboileau@dot.ga.gov. Please send correspondence by mail addressed to State of Georgia, Office of Utilities, One Georgia Center, 600 West Peachtree Street, 10th Floor, Atlanta, Georgia 30308 for execution on behalf of the Department. Very truly yours, Shajan P. Joseph, P.E. Assistant State Utilities Administrator For: Nicholas Fields State Utilities Administrator NF: SPJ: MGC: FB Attachments cc: Corbett Reynolds, District 2 Engineer Jamie Lindsey, District 2 Utilities Manager Leo Perez, Project Manager Danah Bonny, Utilities Preconstruction Specialist Abdulvahid Munshi, Utility Coordinator Account No. – Class: 733005 – 309 Department ID: 4848010000 Program No.: 4181401 1 STANDARD UTILITY AGREEMENT EASEMENT LIMITED AGREEMENT PROJECT No.: N/A, Richmond County P.I. No.: 0009916 THIS AGREEMENT, made this , by and between the Department of Transportation, an agency of the State of Georgia, hereinafter called the DEPARTMENT, first party, and the City of Hephzibah, hereinafter called the COMPANY, second party. W I T N E S S E T H: WHEREAS, the DEPARTMENT proposes under the above numbered project to install a double-lane roundabout at SR 88/Patterson Road and CR 58/Bath Edie Road in Richmond County, Georgia; and WHEREAS, the COMPANY has existing property interests located along State Route 88 from Station 105+26, 55.76’ Left to Station 105+26, 65’ Left, and Station 109+05, 65’ Left to Station 110+50, 64.83’ Left, and Station 110+85, 68.83’ Left to Station 111+52, 66.83’ Left and Station 111+55, 46.92’ Left with property interests located upon a right-of-way or easement with rights to install, operate and maintain such facilities thereon; and WHEREAS, the location of said right-of-way or easement is shown on the highway plans at said station limits for this project, a copy of said plans in pertinent part being attached hereto. The existing facilities presently contemplated are not in conflict with the highway construction; however, if they are later found to be in conflict, they will be relocated or adjusted, if necessary, to accommodate the proposed highway construction; and WHEREAS, the DEPARTMENT and the COMPANY desire to enter into an agreement relative to the encroachment of the highway project on the rights-of-way or easement upon which the facilities are located. NOW, THEREFORE, in consideration of One & No/100 Dollars ($1.00) in hand paid and other valuable considerations received by the COMPANY and further in consideration of the premises and the mutual covenants of the parties hereinafter set forth, it is hereby agreed: EASEMENT LIMITED AGREEMENT 2 1. It is specifically understood that the project number shown above is for the DEPARTMENT'S identification purposes only and may be subject to change by the DEPARTMENT. In the event it becomes necessary for the DEPARTMENT to assign a different project number, the DEPARTMENT will notify the COMPANY of the new project designation. Such change in project designation shall not affect any of the terms of this Agreement. 2. The COMPANY relinquishes and grants to the DEPARTMENT all its existing property interests at the locations shown on the attached highway plans and grants to the DEPARTMENT the right to construct, operate and maintain the above referenced highway across the COMPANY 'S right-of-way or easement under the terms and conditions as herein stated. 3. The DEPARTMENT agrees to obtain all necessary rights from the owners of the lands crossed by the COMPANY 'S rights-of-way or easement located within the limits of the required right-of-way acquired by the DEPARTMENT. 4. The COMPANY agrees to relocate or adjust, existing COMPANY facilities if later found in conflict with the highway construction project contemplated herein. All costs incurred by the COMPANY related to such relocation or adjustment of its existing facilities shall be reimbursed through a separate agreement by the DEPARTMENT in accordance with Federal and State laws. Comparable pre-existing ingress and egress to COMPANY property rights and facilities will be provided to the COMPANY at DEPARTMENT expense. COMPANY retains fully adequate right of ingress and egress to COMPANY property rights and facilities over the property that is the subject of the highway construction project contemplated herein. 5. The COMPANY retains the right to operate and maintain existing facilities and to install, operate and maintain new facilities as required, except that the future installation, operation and maintenance of the COMPANY 'S facilities shall be in accord with the Utility Accommodation Policy and Standards Manual, current edition, issued by the DEPARTMENT and Title 23 of the CFR, Chapter I, Subchapter G, Part 645, Subparts A and B. It is agreed that the COMPANY has the right now and in the future to install, operate and maintain its facilities over that portion of said highway within the required right-of-way. 6. The DEPARTMENT will require its Contractor to abide by the attached Special Provision for the protection of the existing Electric Distribution facilities owned and operated by the COMPANY within the limits of the required right-of-way. The attached Special Provision will be included and made a part of the contract between the DEPARTMENT and its Contractor. 7. The DEPARTMENT agrees to notify the COMPANY when the highway construction contract is awarded and furnish the name of the contractor who will perform the highway work. The COMPANY agrees to plan with the DEPARTMENT'S Contractor a schedule of operations which will clearly set forth at which stage of the Contractor's operations the COMPANY will relocate or adjust its facilities, if necessary. 8. This Agreement contains the entire agreement of the parties hereto, and no EASEMENT LIMITED AGREEMENT 3 representation, inducements, promises or agreement, oral or otherwise, between the parties not embodied herein shall be of any force or effect. Any amendment to this Agreement shall not be binding upon the parties hereto unless such amendment is in writing and executed by both parties hereto. The provision of this Agreement shall inure to the benefit of and be binding upon the parties hereto and their legal representatives, successors and assigns. This Agreement may be executed in multiple counterparts, each of which shall constitute an original, but all of which taken together shall constitute one and the same agreement. This Agreement shall be construed and interpreted under the laws of the State of Georgia. Except as otherwise provided herein, all rights, powers and privileges conferred hereunder upon the parties shall be cumulative but not restrictive to those given by law. 9.This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. EASEMENT LIMITED AGREEMENT 4 IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals, caused this Agreement to be executed in three counterparts, each to be considered as an original by their authorized representative the day and date hereinabove written. CITY OF HEPHZIBAH BY: ________________________________ TITLE: _____________________________ I attest to the genuineness of the COMPANY Seal and I further attest that the above named Officer is duly authorized to execute this document. I attest the COMPANY does not have a corporate seal. ************************************ FEIN_______________________________ BY: ______________________________ ************************************ SECRETARY/ASST. SECRETARY (OFFICIAL SEAL) ______________________________________________________________________________ RECOMMENDED: ACCEPTED: DEPARTMENT OF TRANSPORTATION BY: __________________________________ STATE UTILITIES ADMINISTRATOR BY: ______________________________ COMMISSIONER PROJECT No.: N/A Signed, sealed and delivered this ________ COUNTY: Richmond day of ____________________, 20______, P.I. No.: 0009916 DATE: September 24, 2021 FB (OFFICIAL SEAL OF THE DEPARTMENT) I attest that the seal imprinted herein is the Official Seal of the DEPARTMENT. BY: ______________________________ TREASURER (OFFICIAL CUSTODIAN OF THE SEAL) Rev. 11/01/15 GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT AFFIDAVIT Contractor’s Name:City of Hephzibah Solicitation/Contract No./ Call No. or Project Description: Project No. N/A, PI No. 0009916, Richmond County, to install a double-lane roundabout at SR 88 @ CR 58/Bath Edie Road. CONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, entity or corporation which is engaged in the physical performance of services on behalf of the Georgia Department of Transportation has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10- 91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number Date of Authorization (EEV/E-Verify Company Identification Number) Name of Contractor I hereby declare under penalty of perjury that the foregoing is true and correct Printed Name (of Authorized Officer or Agent of Contractor) Title (of Authorized Officer or Agent of Contractor) Signature (of Authorized Officer or Agent) Date Signed SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF , 20_ Notary Public My Commission Expires: [NOTARY SEAL] Office of Utilities July 9, 2021 .............Page 1 of 3 DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SPECIAL PROVISION PROJECT No.: N/A, Richmond County P.I. No.: 0009916 PROTECTION OF UTILITY INTERESTS CITY OF HEPHZIBAH The City of Hephzibah is the owner and operator (also herein after referred to as Facility Owner) of a water and/or appurtenant facilities within the project along State Route 88 in Richmond County, Georgia. All reference to liability, indemnification, insurance, etc. in this special provision shall apply only to those water facilities located in the required right-of-way areas at Station 105+26, 55.76’ Left, Station 105+26, 65’ Left, Station 109+05, 65’ Left, Station 110+50, 64.83’ Left, Station 110+85, 68.83’ Left, Station 111+52, 66.83’ Left, Station 111+55, 46.92’ Left along State Route 88, these areas having been acquired by the Department. The Department hereby notifies the contractor to fully inform his employees, agents or subcontractors of the Official Code of Georgia annotated section 46-3-32 et seq. (safeguards against contact with high voltage lines) and the rules and regulations of the State of Georgia section 300-3-7.01 et seq. (high voltage act). The contractor, his employees, agents and subcontractors shall at all times observe and comply with said act and regulations. The contractor shall and does hereby agree to indemnify, save harmless and defend The Facility Owner from the payment of any sum of money to any person whomsoever on account of claims or suits growing out of injuries to persons, including death, or damage to property caused by the contractor, his employees, agents or subcontractors or in any attributable to the performance and prosecution of the work herein contract for, including (but without limiting the generality of the foregoing), all claims for injuries to persons or damage to property, liens, garnishments, attachments, claims, suits, costs, attorney's fees, costs investigation and of defense. The contractor hereby waives and relinquishes any right of subrogation it might have against the Facility Owner under the provisions of the Workmen's Compensation Act of Georgia or of any other State on account any injury to its employees or sub-contractor caused in whole or in part by The Facility Owner's distribution facilities. The contractor further agrees that it will require its workmen's compensation insurer, if any, to likewise waive and relinquish such subrogation rights. Office of Utilities July 9, 2021 .............Page 2 of 3 I.Insurance A.In addition to any other forms of insurance or bonds required under the terms of the contract and specification, the contractor will be required to furnish and maintain policies of insurance covering: (1)The legal liability of the contractor, and his sub-contractors under the Georgia Workmen's Compensation Act for claims for personal injuries and death to employees engaged in the work. (2)The legal liability (including contractual) of the contractor, and his sub-contractors who may be engaged in the work, for claims of damages for personal injuries or for death resulting therefrom arising out of the work to be performed under this contract by the contractor, or his sub-contractors, to persons other than employees of the contractor or sub-contractors engaged in the work included in this contract in an amount not less than: $1,000,000 for any one person $2,000,000 for any one accident (3)The legal liability (including contractual) of the contractor, and his sub-contractors who may be engaged in this work, to pay claims for damages to property belonging to others than such contractor, or his sub-contractors, in the amount not less than: $1,000,000 for any one accident B.All of the aforementioned insurance shall be placed with an insurance company which is licensed to do business in the State of Georgia and shall be endorsed to cover the liability assumed by the contractor under the provisions of this contract. (1)It is understood, however, that the provisions requiring the contractor to carry said insurance shall not be construed as in any manner waiving or restricting the liability of the contractor pursuant to the terms hereof which may not be insured under said insurance policies above required. (2)As evidence of this insurance, and prior to the beginning of any work in connection with this contract, the contractor shall submit to the department of transportation, State of Georgia, and the Facility Owner a certificate providing the above coverage and which certifies that the said policies have been properly endorsed to meet the above requirements and that the facility owner is named as additional insured. C.If any part of the work is sublet, similar insurance and evidence thereof, in the same amounts as required of the prime contractor, shall be provided by or in behalf of the sub-contractor to cover his operations, endorsements to the prime contractor's policies specifically naming sub-contractors and describing their operations will be acceptable for this purpose. Office of Utilities July 9, 2021 .............Page 3 of 3 D.All insurance hereinbefore specified shall be carried until all work required to be performed under the terms of the contract has been satisfactorily completed as evidenced by the formal acceptance by the State. Insuring companies may cancel insurance by permission of the State, The Facility Owner, or on thirty (30) days written notice to the Department and The Facility Owner as follows: Notice to: Honorable Mayor Robert Buchwitz City of Hephzibah P.O. Box 250 Hephzibah, Georgia 30815 Copy notice to: State Utilities Engineer Georgia Department of Transportation One Georgia Center 600 West Peachtree Street. N.W., 10th Floor Atlanta, Georgia 30308 II.Failure to comply In the event of cancellation or lapse of insurance policy: The Facility Owner may require that the contractor vacate the aforementioned Facility Owner’s right-of-way or easement area. The highway engineer may withhold all monies due the contractor on monthly statements. Any such orders shall remain in effect until the contractor has remedied the situation to the satisfaction of the Facility Owner’s representative and the highway engineer. III.Payment for cost of compliance: No separate payment will be made for any extra cost incurred on account of compliance with this special provision. All such cost shall be included in prices bid for other items of the work. FEDERAL AID PROJECT DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA 0009916 RICHMOND COUNTY URBAN MINOR ARTERIAL FUNCTIONAL CLASS: E=657411.6865 N=1206135.8118 STA. 503+00.00 LIMIT OF CONSTRUCTION E=657011.9476 N=1206987.9966 STA. 512+45.00 LIMIT OF CONSTRUCTION PROJECT DESIGNATION: EXEMPT E=657723.8600 N=1206796.4155 M.P. 4.711 STA. 117+80.00 END CONSTRUCTION E=656500.4581 N=1206430.4342 M.P. 4.469 STA. 105+00.00 BEGIN CONSTRUCTION E=656404.6574 N=1206401.7598 M.P. 4.450 STA. 104+00.00 BEGIN PROJECT E=657815.9328 N=1206823.5925 M.P. 4.729 STA. 118+76.00 END PROJECT E=657109.1641 N=1206626.8036 M.P. 4.590 STA. 111+40.00 MID POINT COORDINATES OF 1988. AMERICAN VERTICAL DATUM (NAVD) 1983)/11 EAST ZONE, AND THE NORTH COORDINATE SYSTEM OF 1984 (NAD USING THE HORIZONTAL GEORGIA THIS PROJECT HAS BEEN PREPARED LAND LOT: N/A LAND DISTRICT: N/A GMD: 1434 & 1760 CONSTRUCTION OF A SINGLE LANE ROUNDABOUT ON SR 88 @ CR 58/BATH EDIE ROAD 60-0001 MILES NET LENGTH OF EXCEPTIONS NET LENGTH OF BRIDGES P P T T . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CONVENTIONAL SIGNS STATE OR COUNTY LINE CITY LIMIT LINE PROPERTY LINE SURVEY OR BASE LINE EXISTING REQUIRED LIMIT OF ACCESS R/W MARKERS RIGHT OF WAY LINE STATE OR COUNTY LINE CITY LIMIT LINE PROPERTY LINE SURVEY OR BASE LINE EXISTING REQUIRED LIMIT OF ACCESS R/W MARKERS RIGHT OF WAY LINE FENCE RAILROAD POWER LINE TELEPHONE LINE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . X X P P T T . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . STATE OR COUNTY LINE CITY LIMIT LINE PROPERTY LINE SURVEY OR BASE LINE EXISTING REQUIRED LIMIT OF ACCESS R/W MARKERS RIGHT OF WAY LINE FENCE RAILROAD POWER LINE TELEPHONE LINE . . . . . . . . . . . . . . . . . . . . . . . . . LAND LOT LINE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PLANS PREPARED BY UNDER THE SUPERVISION OF APPROVED: REVISIONS: DISTRICT 2 PRECONSTRUCTION ENGINEER PLANS COMPLETED DATE: 09-24-2020 LENGTH OF RIGHT OF WAY PROJECT NET LENGTH OF RIGHT OF WAY GROSS LENGTH OF RIGHT OF WAY Jacob McCranie Todd Price TROY D, BYERS STATE RIGHT OF WAY ADMINISTRATOR DATE LOCATION AND DESIGN APPROVAL DATE: 01-25-2021 RIGHT OF WAY PROPOSED FEDERAL ROUTE # N/A STATE ROUTE # 88 P.I. NO. 0009916 0.000 0.000 0009916 0.209 0.209 E. 656519.6182 N. 1206436.1691 M. P. 4.473 STATION 105+20.00 BEGIN R/W ACQUISITION E. 657575.2007 N. 1206752.5358 M. P. 4.682 STATION 116+25.00 END R/W ACQUISITION E. 657011.9476 N. 1206987.9966 STATION 512+45.00 LIMITS OF R/W ACQUISITION E. 657411.6865 N. 1206135.8118 STATION 503+00.00 LIMITS OF R/W ACQUISITION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . R/W & LIMIT OF ACCESS . . . POWER POLES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TELPHONE OR TELEGRAPH POLES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PI No. 0009916 COUNTY No. 245 RICHMOND COUNTY P.I. No. 0009916 100% IN CONG. DIST. NO. 12. RICHMOND COUNTY AND IS THIS PROJECT IS 100% IN 03-10-2021 SH 3, 4, 5, 6, & 7 PROJECT LOCATION T S A T E O GF EOR G I A 1776 CONSTITUTION JUSTICE OMDERATIONDOMWIS 400 800 SCALE IN FEET 0 200 3/10/2021 01069961 GPLOT-V8 gplotborder-V8i-PO.tbl 0009916_60-0001.dgn GRWCOV EROCOV P.I. No. LOCATION SKETCH - NOT TO SCALE PL DRAWING No. REQD RW R E Q D R W REQD RW REQD RW REQD RW GMD 1760 GMD 1434 1 0 0 + 0 0 1 0 5 + 0 0 1 1 0 + 0 0 1 1 5 + 0 0 1 2 0 + 0 0 515+00 510+00 505+00 500+00 SR 88 / PATTERSON RD SR 88 / PATTERSON RD A P P R O X. G M D LI N E C R 5 8 / B A T H E DI E R D A P P R O X. G MD LI N E C R 5 8 / B A T H E DI E R D PL PL PL PL PL PLPLPLPL PL PL PL PL PL PLPLPLPL PL PL E XI S T R W E XI S T R W E XI S T R W EXIST RW EXIST RW EXIST RW EXIST RW E XI S T R W 1 3 4 5 2 UTILITY EASEMENT EXISTING 20’ 02-03-2021 -60 UTILITY EASEMENT EXIST (20’) CITY OF HEPHZIBAH UTILITY EASEMENT EXIST (20’) CITY OF HEPHZIBAH UTILITY EASEMENT UTILITY EASEMENT 1/29/2021 01069961 GPLOT-V8 gplotborder-V8i-PO.tbl 0009916_60-0002.dgn GRWPLN DATE REVISIONSDATEREVISIONS RIGHT OF WAY MAP DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA Design File and Plot Substitution information PROJECT NO: COUNTY: LAND DISTRICT: LAND LOT NO: GMD SH OFDATE DRAWING No. P.I. No. 7/31/2015 GRWPLN EASEMENT FOR CONSTR EASEMENT FOR CONSTR OF SLOPES EASEMENT FOR CONSTR OF DRIVES CONSTRUCTION LIMITS & MAINTENANCE OF SLOPES C F REQUIRED R/W LINE PROPERTY AND EXISTING R/W LINE PL ORANGE BARRIER FENCE BEGIN LIMIT OF ACCESS............BLA END LIMIT OF ACCESS..............ELA ESA - ENV. SENSITIVE AREA REQ’D LIMIT OF ACCESS EXISTING LIMIT OF ACCESS & R/W REQ’D LIMIT OF ACCESS & R/W EXISTING LIMIT OF ACCESS 20 SCALE IN FEET 0 40 80 0009916 RICHMOND 0009916 N/A N/A 09/24/20 1760 0002 MATCH LI NE STA. 109+50. 00 DRAWI NG No. 60- 0003 2 7 10 4 +0 0 105+00 10 6 +0 0 1 0 7 +0 0 108+ 0 0 1 0 9 +0 0 SR 88 E=656404.6574 N=1206401.7598 STA. 104+00.00 BEGIN PROJECT E=656500.4581 N=1206430.4342 STA. 105+00.00 BEGIN CONSTRUCTION CONSTRUCTION CL 603+61.61 GMD 1760 E=656888. 70 7 6 N=1206546. 64 2 3 P. C. 109+05 . 2 7 PATTERSON RD GMD 1760 EXIST RW EXIST RW PL JEFFERSON ELEC MEMBERSHIP EXIST RW EXIST RW AUGUSTA 1 2 DE10100 DE10101 DE10102 DE10114 DE10113 DE10124 DE10123 DE10127 DE10128 DE10125 2 9 ’ ASPHALT 10 7 +7 2 . 4 2 DE10136 DE10135 DE10137 DE10126 REQD RW REQD RW REQD RW FENCE EASM’T Curve# 1 SEE SHEETS 3, 6, 7 SEE SHEETS 3, 5, 7 E=656519.6182 N=1206436.1691 STA. 105+20.00 M.P. 4.473 BEGIN R/W ACQUISITION e= NC E= 1.76 R= 1500.00 L= 145.08 T= 72.60 E= 656958.2544 N= 1206567.4586 PI Sta= 109+77.86 Curve# 1 e= NC E= 1.76 R= 1500.00 L= 145.08 T= 72.60 E= 656958.2544 N= 1206567.4586 PI Sta= 109+77.86 Curve# 1 -60 EXIST (20’) CITY OF HEPHZIBAH UTILITY EASEMENT EXIST (20’) CITY OF HEPHZIBAH UTILITY EASEMENT MATCH LI NE STA. 115+50 . 0 0 DRAWI NG No. 6 0 - 0 0 0 4 MATCH LINE STA. 507+00.00 DRAWING No. 60-0005 MATCH LINE STA. 510+50.00 DRAWING No. 60-0006 20 SCALE IN FEET 0 40 80 0009916 RICHMOND N/A N/A 1434 & 1760 09/24/20 0009916 0003 MATCH LI NE STA. 1 0 9 +50. 00 DRAWI NG No . 60- 0002 3 7 3/10/2021 01069961 GPLOT-V8 gplotborder-V8i-PO.tbl 0009916_60-0003.dgn GRWPLN DATE REVISIONSDATEREVISIONS RIGHT OF WAY MAP DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA Design File and Plot Substitution information PROJECT NO: COUNTY: LAND DISTRICT: LAND LOT NO: GMD SH OFDATE DRAWING No. P.I. No. 7/31/2015 GRWPLN EASEMENT FOR CONSTR EASEMENT FOR CONSTR OF SLOPES EASEMENT FOR CONSTR OF DRIVES CONSTRUCTION LIMITS & MAINTENANCE OF SLOPES C F REQUIRED R/W LINE PROPERTY AND EXISTING R/W LINE PL ORANGE BARRIER FENCE BEGIN LIMIT OF ACCESS............BLA END LIMIT OF ACCESS..............ELA ESA - ENV. SENSITIVE AREA REQ’D LIMIT OF ACCESS EXISTING LIMIT OF ACCESS & R/W REQ’D LIMIT OF ACCESS & R/W EXISTING LIMIT OF ACCESS 03-10-2021 COMBINED PARCELS 3, 6 & 7 INTO ONE PARCEL 3 03-10-2021 REV PAR 3 PROP OWNER’S NAME 1 1 0 + 0 0 1 1 1 + 0 0 112+00 11 3 +0 0 1 1 4 +0 0 115+00 P . C. 1 1 1 + 1 1 . 0 8 P. T. 111+66.71 P. C. 112+67.72 P. T. 113+2 2 . 2 6 P . C. 1 1 3 + 7 4 . 2 6 508+00 509+00 510+00 P.T. 506+81.29 P.C. 507+66.42 P.T. 508+31.23 P.C. 508+81.23 P.T. 509+54.79 P.C. 510+23.10 20+00 2 1 + 0 0 22+00 23+00 23+11CONSTRUCTION CL CONS T R UC TI O N CL A P P ROX GMD LI N E AP P ROX GMD LI N E GMD 1434 GMD 1760 E=657178.3279 N=1206636.1911 STA. 508+53.66 BATH EDIE RD STA. 112+09.85 SR 88 INTERSECTION E=6 5 7 0 2 5 . 4 6 6 0 N=1 2 0 6 594. 8 9 3 5 P. T. 1 1 0 + 5 0 . 3 5 E=657471. 4 4 5 5 N=120672. 91 0 4 P. T. 115+16 . 8 2 SR 88 / PATTERSON RD C R 5 8 / BAT H E DI E RD 8537’29" 24" C-2 EXIST RW EXI S T RW EXI S T RW EXIST RW EXIST RW EXIST RW E XI S T RW E XI S T RW AUGUSTA RHODES CANDACE LEIGH ALBEA JEFFERSON ELEC MEMBERSHIP 1 3 4 2 WEED ENTERPRIES LLCDE10103 DE10104 DE10105 DE10106 DE10107 DE10141 DE10142 DE10143 DE10144 DE10122 DE10121 DE10120 DE10157 DE10156 DE10155 DE10154 DE10153 DE10132 DE10133 DE10134 DE10166 DE10182 DE10112 DE10115 DE10148 DE10138 DE10167 DE10168 REQD RW REQD RW R E Q D R W REQD RW REQD RW REQD RW REQD RW REQD RW R E Q D R W REQD RW SEE SHEETS 2, 5, 7 Curve# 2 Curve# 4 Cu r v e # 6 Cu r v e # 7 C u r v e # 8 Curve# 3 Curve# 1 SEE SHEETS 4, 5, 7 e= NC E= 2.04 R= 1000.00 L= 127.59 T= 63.88 E= 657077.3162 N= 1206843.9365 PI Sta= 510+86.98 Curve# 8 e= NC E= 1.95 R= 200.00 L= 55.63 T= 28.00 E= 657107.6141 N= 1206628.4253 PI Sta= 111+39.07 Curve# 2 e= NC E= 1.76 R= 1500.00 L= 145.08 T= 72.60 E= 656958.2544 N= 1206567.4586 PI Sta= 109+77.86 Curve# 1 e= NC E= 3.43 R= 200.00 L= 73.56 T= 37.20 E= 657166.3666 N= 1206699.8461 PI Sta= 509+18.43 Curve# 7 e= NC E= 1.87 R= 200.00 L= 54.54 T= 27.44 E= 657263.1302 N= 1206645.5040 PI Sta= 112+95.16 Curve# 3 e= NC E= 1.70 R= 1500.00 L= 142.56 T= 71.34 E= 657403.0280 N= 1206701.7157 PI Sta= 114+45.59 Curve# 4 e= NC E= 2.65 R= 200.00 L= 64.82 T= 32.69 E= 657188.5077 N= 1206582.0167 PI Sta= 507+99.11 Curve# 6 2, 6, 7 SEE SHEETS SEE SHEETS 4, 6, 7 DE10139 Commission Meeting Agenda 12/7/2021 2:00 PM Stream Mitigation Credits Purchase for Morningside Stream Bank Restoration & Rehabilitation Drainage Project File Reference: 21-014 (A) Department:Engineering Department:Engineering Caption:Motion to approve and authorize the Engineering Department (AED) to purchase 2655 Stream mitigation credits at a total cost of $212,400.00 ($80 per mitigation credit) from Georgia L. Flanders, LLC (Yam Grandy Wetland and Stream Mitigation Bank) to mitigate stream impacts as determined by the US Army Corp of Engineers in regards to the Morningside Stream Bank Restoration & Rehabilitation Project. (Approved by the Engineering Services Committee November 30, 3021). Background:Streambank erosion and failure are noted county-wide and its impact has negative impact on adjacent properties. The objective of Stream Bank Restoration and Improvements project in areas experiencing localized property damages is to implement control measures and improvements that mitigate the failing banks conditions in these areas and restore these banks in ecofriendly manner. AED selected Morningside Drive Tributary and Sandpiper Lane Tributary are first two stream segments for improvements under its this program. However, these streams are regulated waterbodies requiring U.S. Army Corps of Engineer (USACE) permit for completion of intended work. Accordingly, AED obtained required permit in early this year and purchase of stream mitigation credits is prerequisite of Morningside stream bank improvements permit. The stream mitigation credits will be purchased from Yam Grandy mitigation bank per condition of the issued regulatory permit. Analysis:Purchase of Mitigation Credit is pre-requisite of Environmental Permit to commence construction/bank restoration activities at this project. A timely purchase of required credits is critical to commence and complete construction. Financial Impact:Funds are available in Engineering SPLOST VI Recapture Cover Memo Alternatives:Do not approve and cancel the project. Recommendation:Approve and authorize the Engineering Department (AED) to purchase 2655 Stream mitigation credits at a total cost of $212,400.00 ($80 per mitigation credit) from the Georgia L. Flanders, LLC (Yam Grandy Wetland and Stream Mitigation Bank) to mitigate stream impacts as determined necessary by the US Army Corps of Engineers in regards to the Morningside Stream Bank Restoration & Rehabilitation Project. Funds are Available in the Following Accounts: FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNTS: ($212,400) - Engineering SPLOST VI Recapture REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Georgia L. Flanders, LLC – Invoice Date Invoice # 11/15/2021 2012194 Bill To: City of Augusta 535 Telfair Street Augusta, GA 30901 Reg. Branch No. Terms Buyer’s Project Name SAS-2020-00452 Net 30 Morningside Drive Streambank Stabilization Line Item Description Quantity Unit Price Amount 01 Stream Mitigation Credits 2,655 $80.00 $212,400.00 TOTAL Balance $212,400.00 Thank you for your business Total Currently Due $212,400.00 Requested invoice is for compensatory mitigation for stream impacts associated with the Morningside Drive Streambank Stabilization project in Augusta, Richmond County, GA. Request for invoice submittal was made by POND Company, Alex Darr. Payable To: Georgia L. Flanders, LLC c/o: Hodges, Harbin, Newberry & Tribble, Inc. (HHNT) Attn: Mr. Brandon Smith 17 Park of Commerce Blvd., Suite 110 Savannah, GA 31405 as owned by: Georgia L. Flanders, LLC PO Box 830, Swainsboro, GA 30401 Commission Meeting Agenda 12/7/2021 2:00 PM Minutes Department:Office of the Clerk of Commission Department:Office of the Clerk of Commission Caption:Motion to approve the minutes of the Regular Meeting held on November 16, 2021 and Special Called Meeting held November 30, 2021. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda Commission Chambe r - lltl6l202l ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; Johnson, Garrett, Mason, Frantom, B. Williams, Scott, McKnight, D. Williams, Hasan and Clarke, members of Augusta Richmond County Commission. INVOCATION: Pastor Will Dyer, Senior Pastor First Baptist Church of Augusta PLEDGE OF ALLEGIANCE TO T}IE FLAG OF TIIE TINITED STATES OF AMERICA. Five ($ minute time limit per deleeation DELEGATIONS A. Mr. Moses Todd regarding Augusta-Richmond County Cemetery budget. Item Action: None lE ltemAoorovelsheet html Motions Motion Type Motion Text Presentation is made by Mr. Todd. CONSENT AGENDA (Items l-28) PLANNING 1. SA-51 - A request for concuffence with the Augusta Georgia Planning Commission to amend the Land Subdivision Regulations for Augusta Georgii on design standards for sidewalks in residential subdivisions. Made Seconded MotionBy By Result Item Action: Approved B sa-5l.pdf B ltemApprovalsheet.htmt Motions Motion Motion TextI ype Motion Result ^ ,-., Motion to approve. Commisioner CommissionerApprove Motion passes l0-0. Sean Frantom Alvin Mason Passes 2. Z-21'69 - A request for concurrence with the Augusta Georgia Planning Item Commission to approve with the conditions below a petition by Irish Johnson Action: - requesting a Special Exception to establish a Family Personal Care Home Approved per Section 26-l-(h) of the Comprehensive Zoning Ordinance for Augusta Georgia affecting property containing 0.26 acres and known as 3012 LibbyDrive. Tax Map 107-0-368-00-0. continued from September meetingDISTRICT 5 1. The home shall be limited to no more than 4 clients. 2. Should the homeowner's family unit move out of the home it must be staffed on a 7-day, 24-hour basis. Live-in staff is counted toward maximum occupancy. 3. The applicant must maintain a City of Augusta business license and a license with the State of Georgia. Proof of compliance with the minimum requirements of Chapter 111.8-62.01 of the O.C.G.A must be provided, and the applicant must provide annual fire department inspection reports. 4. All requirements must be met within six (6) months of approval of the Special Exception, or the Special Exception is void. lE z-21{9 renort.odf lB ltemApprovalsheet html Motions Motion Motion TextI ype Made By Seconded By Made By Seconded By Motion Result a,-.-,.- Motion to approve. Commisioner CommissionerApprove Motion passes l0-0. Sean Frantom Alvin Mason Passes 3. Z-21'76 - A request for concuffence with the Augusta Georgia Planning Item Commission to approve with the conditions below a petition by S-7 Action: Enterprises, LLC - requesting a Rezoning from Zone R-lA (One-family Disapproved Residential) to Zone R-lE (One-famity Residential) affecting properfy containing 4.13 acres located at2122 Harding Road. Tax Map I 10-l-065- 01-0. continued from october meeting DISTRICT 6 l. The project must substantially conform to the Concept Plan submitted with the Rezoning Application. 2. All lots must adhere to required front, side and rear setbacks and a 5 foot side setback must be provided on all end units, as currently provided for in the Concept Plan. 3. A Traffic Assessment may be required for this site. If required by the Traffic Engineer, the Traffic Assessment should contain, at a minimum: a) Trip Generation Calculations based on the proposed development and size; b) How those trips will be distributed within the nearby street system(s); c) Existing traffic volumes plus the trips generated; d) The projected LOS (Level of Service) of nearby streets before and due to the proposed development.e) Depending on the Traffic Assessment, a full Traffic Impact Study may be required if certain conditions are met and at the discretion of the Augusta Traffic Engineer. 4. An acceleration lane and I or a deceleration lane must be provided for the proposed subdivision, if required by the Traffic Engineer. All work within the right-of-way of Harding Road must meet City of Augusta and Georgia Department of Transportation standards and specifications. 5. A 6' tall privacy fence must be provided on the adjoining property lines for I 10-1-065-00-0 and 110-l-066-00-0 to reduce noise and traffic impacts. 6. A streetyard with large trees 45' on center is required along the portion of the subdivision fronting Harding Road. 7. Must meet the open space requirements of R-lE zoning, prior to submitting a Development Plan for review. 8. This project shall substantially comply with all development standards and regulations set forth by the City of Augusta, Georgia at the time of development. lB z-21-76 reoort ndf E ItemApprovelsheet.html Motions Motion Motion Text'I vDe Approve Motion to approve. Voting No: Commissioner John Clarke, Commissioner Brandon Garrett, Commissioner Ben Hasan, Commissioner Jordan Johnson, Commissioner Alvin Mason, Commissioner Made By seconded By Hr|il Commissioner Commissioner Fails Bobby DennisWilliams Williams Francine Scoff. Motion Fails 4-6. 4. Z-21-77 - A request for concurrence with the Augusta Georgia Planning Item Commission to approve with the conditions below a petition by MoRE Action: Development, LLC, on behalf of First Baptist Church of Augusta Inc. - Approved requesting a partial Rezoning from Zone R-l (One-family Residential) and Zone R-lA (One-family Residential) to Zone R-3C (Multiple-family Residential) affecting property containing 4.57 acres of a 40.26 acre tract located a at 3500 Walton Way Extension. Portion of Tax Map 031-0-014- 00-0. DISTRICT 3 1. Conditions from Special Exception 2-06-105 for a six (6) foot tall solid wood fence and a twenty-five (25) foot landscape buffer along the southern property line of Lot 2 and Lot 3 of Kingston Subdivision shall be incorporated into approval of this zoning request. The six (6) foot high solid wood fence and twenty-five (25) foot landscape buffer shall also extend along the west property line adjacent to Tax Parcel #031-0-014-01-0.2. The adult congregate living care facility shall not exceed29.0 dwelling units per acre as per Section l8-5 of the Comprehensive Zoning Ordinance of Augusta, Georgia, as amended. 3. The developer shall provide Augusta Traffic Engineering all requested traffic assessments and/or traffic studies in order to determine needed road improvements to the roads adjacent to the proposed development. 4. Sidewalks including ramps at ingress/egress points shall be ADA compliant. 5. Stormwater detention system to accommodate the adult congregate living care facility shall be in accordance with City of Augusta's 2020 Stormwater Management Manual. 6. Should the development at any time require use of existing parking spaces or access on the church drive aisle from First Baptist Church of Augusta, Inc., an access easement and joint parking agreement shall be executed and recorded in Superior court of Richmond county, Georgia. 7. The proposed adult congregate living care facility shall meet all building setback requirements during the Site Plan approval process. If the proposed adult congregate living care facility is not be able to meet setback requirements, the developer shall receive approval for the appropriate variance or variances prior to submitting for Site Plan approval. 8. The 4.57 acre parcel shall be subdivided from the larger parcel and recorded in the Clerk of Superior Courts Office of Richmond county, Georgia prior to any permits being issued. 9. Approval of this zoning request does not constitute approval of the conceptual site plan submitted with the zoning application.Site plan approval in compliance with the Site Plan Regulations of Augusta, Georgia for the actual development is required prior to construction commencing on the property. l0.Development of the property shall comply with all current development standards and regulations set forth by the City of Augusta-Richmond County, Georgia, as amended, including the Augusta Tree Ordinance, as amended, at the time of development. B z-21-77 report pdf lB ItemApprovalsheet.html Motions Motion;----- Motion Textrype E z-21-78 reoort.odf lB ltemAoorovalsheet.html Motions Motion Motion Textr ype Approve seconded By f.".tilMade By ^ Motion to approve. Commisioner CommissionerApprove vtotion Passes 10-0. Sean Frantom Alvin Mason Passes 5. Z-21-78 - A request for concurrence with the Augusta Georgia Planning Item Commission to approve with the conditions below a petition by James Jones Action: on behalf of Lynn Steinberg Redd as administrator for the Estate of Henry Approved Steinberg - requesting a Rezoning from Zone R-MH (Manufactured Home Residential) to Zone R-lA (One-family Residential) affecting properfy containing 41.21 acres located at L9l2 Pine Hollow Drive. Tax Map 145-0- 015-00-0. DISTRICT 61. The overall density of the residential subdivision shall not exceed 2.0 dwelling units per acre.2. The subdivision shall provide sidewalks including ADA compliant ramps on both sides of the proposed sixty (60) foot wide roads within the subdivision. 3. A wetlands inventory shall be conducted on the property. All lots impacted by wetlands will require mitigation with Army Corps of Engineers. Army Corp of Engineers permitting is required for any wetlands disturbance and must be submitted as part of the approval for a Subdivision Development Plan. 4. Approval of this rezoning request does not constitute approval of the revised conceptual subdivision layout plan submitted with the zoning application. Development Plan approval in compliance with the Land Subdivision Regulations of Augusta, Georgia for the actual development is required prior to construction commencing on the property. 5. Development of the property shall comply with all current development standards and regulations set forth by the City of Augusta-Richmond County, Georgia, at the time is considered. Motion Result Passes Made By Seconded By Motion to approve. commisioner commissioner Motion Passes r0-0. Sean Frantom Alvin Mason Z-21-79 - A request for concurrence with the Augusta Georgia planning commission to approve with the conditions belowl petition 6y Loren R.Hodnett, on behalf of David Smith and South Atlantic Conference of Seventh-day Adventists - requesting a Rezoning from Zone P-l (professionaUOffice)and zone R-lA (one-family Residential) to Zone B-l (Neighborhood Business) affecting properties totaling 1.18 acres located at 1699 and, l70lolive Road. Tax Map 058-3-103-00-b and 072-t-006-00-0. DIsrRrcr 2 l ' Any freestanding sign installed on the affected properties shall notexceed 9 feet in height and must satisS all applicable regulations outlined in Section 28-B of the comprehensive zoningordinance. Item Action: Approved a,----.- Motion to approve. commisioner commissionerApprove Motion passes l0-0. sean Frantom Alvin Mason Passes PUBLIC SERVICES 7. Motion to approve the Georgia Power easement at the Augusta Regional ltemAirport. (Approved by Pubtic Services Committee Novembeig, 2L2ll Action: Approved lE z-21-79 renort odf lE ItemAoorovalsheet htmt Motions Motion Motion Textr ype B GP - Afl Easement Asmt 202l.ndf IB GP Easement - AU Hansar.odf Made By Seconded By Made By Seconded By Motion Result Motion Result Passes Georgia County Item Action: Approved IB ItemApprovalsheet.html Motions Y:iti'" Motion TextI ype a --,--.-- Motion to approve. commisioner commissionerADDTOVEMotion passes r0-0. Sean Frantom Alvin Mason 8. Motion to approve the contribution Agreement between TheAssociation of conservation Districts and the Augusta-Richmond Board of Commissioners.(Approved by Public Services Committee November 91202L'1. IE 2021 GACDandRichmotrd Aqreement.docx lB ItemAonrovalsheet html Motions X:'1" Motion Text Made By Seconded By f*illype A __-^_.^ Motion to approve. Commisioner CommissionerApprove vtotion passes 10-0. Sean Frantom Alvin Mason Passes ADMINISTRATIVE SERVICES 9. Motion to approve the purchase of one 2022 International HV607 Dump Item Truck at atotal cost of $121,999.00 from Rush Truck Center of Augusta, GA Action: (Bid #21-219) for the Engineering Department- Maintenance Division. Approved (Approved by Administrative Services Committee November 9, 2021) lE Evatuation 207074.odf lEl 21-219 Tab Sheet from Procurement.pdf lB 21-219_Tab Sheet Dump Truck 60K GVaVR.xtsx B 21-219 Adyertisement.pdf lE 2I-219 Recommendetion of Award.pdf B GA Reqistrv Bid #21-219.pdf lE Mail Labets.pdf lB ItemAoorovalsheet html Motions X:11" Morion Text Made By seconded By Motion I ype - ------ -r --------- -'l Result A ^--^_,^ Motion to approve. Commisioner CommissionerApprove Motion passes l0-0. Sean Frantom Alvin Mason Passes 10. Motion to approve the purchase of one 2021 John Deere 4044M Compact Item Utility Tractor at a total cost of $30,900.00 from Blanchard Equipment of Action: August4 GA (Bid 2l-231) for the Parks and Recreation Department. Approved (Approved by Administrative Services Committee November 912021) B Replacement Eval 995172.pdf E 21-231 Tab Sheet Compact Utilify Tractor.xlsx B 21-231 Tab Sheet from Procurement.pdf B John Deere 4044M.ipe lB 2l-231 Advertisement pdf E 21-231 Department Recommendation of Award.pdf E Mail Lebels.pdf E 2l-231 - Georsia Reqistrv.pdf E ltemApprovalsheet.html Motions *11"" Motion rext Made By seconded By f;tjilI ype A -__^-.^ Motion to approve. Commisioner CommissionerApprove Motion passes 10-0. sean Frantom Alvin Mason Passes 11. Motion to approve the purchase of one new Slope Mower, Remote Type for Item $55,000.00 from Jet-Vac of Sumter, SC for the Recreation Department. Action: (Approved by Administrative Services Committee November 9, 2021) Approved E Sole Source Justification - Jet Vrc Esuipment.odf E ltemAonrovalsheet html Motions X:j1"t Motion Text Made By seconded By Motion'l'ype ''---- -'t Result A ---^-.^ Motion to approve. Commisioner CommissionerApprove Motion passes 10-0. sean Frantom Alvin Mason Passes 12. Motion to approve the purchase of one (1) 202112022 Camera Pipe Item Inspection Van, at total cost of $2111387.00, from Environmental Products of Action: Georgia, GA (Bid 2l-178) for the Utilities Department-Construction & Approved Maintenance Division and retain asset 205219 within the Utilities Department for alternate use. (Approved by Administrative Services Committee November 9, 2021') B AUD 205219 Eveluation Form.pdf E 2l-178-Fleet Teb Sh€et.pdf IE 2l-I78 Advertisement to Paper,docx E 21-178 OFFICIAL TAB SHEET.XIS B 21-178 Department Recommendation of Award.pdf B 21-178 Approved Over Budget Justification.pdf E 2l-178 Department Recommendation of Award,pdf B ltemApprovatsheet.html Motions X:j*1" Motion Text Made By seconded By MotionType -'---- -r Result a --_-^_-^ Motion to approve. Commisioner CommissionerApprove Motion Passes 10-0. sean Frantom Alvin Mason Passes 13. Motion to ratify the award of an agreement to replace the roof on Appleby ltem Branch Library, in the amount of $62,306.50, to CGS Waterproofing of Action: Norcross, GA (Bid #21-203) and approve the execution of the ARCPLS Approved MOU in the amount of $31,153.25.(Approved by Administrative Services Committee November 9, 2021) E AGENDA 2021-09 2l-203 Applebv Roof Supportins Documentetiop.pdf IB AGENDA 2021-09 - MOU Applebv Librarv Renovrtions Librarv Roof.docx B AGENDA 2021-09 - Mou BoR l9-20.pdf lB Invitation to Bid - Sent to Paner.docr lB 21-203 Offical Tab.xls lE 2l-20J Pre-bid anendance los.pdf E 21-203 Department Recommendation of Awerd.pdf E 21-203 Planholders.pdf B ltemApnrovalsheet.html Motions X::*1" Motion Text Made By seconded By Motion'lYPe - ---- -'t Result A ---^_.^ Motion to approve. Commisioner CommissionerApprove Motion passes l0-0. Sean Frantom Alvin Mason Passes 14. During the February 23,2021, Administrative Services Committee meeting, Item the Office of the Administrator was tasked with reviewing, procuring and Action: implementation of an electronic signature software that would make the Approved Augusta, GA government more efficient in signing, delivering, and communicating documents. (Approved by Administrative Services Committee November 9, 2021) lB E-Signature Follow flp.pdf B ltemApprovalsheet.html Motions f#:" Motion Text Made By seconded By f.'.tll A -_-^-_^ Motion to approve. Commisioner CommissionerApprove Motion Passes 10-0. sean Frantom Alvin Mason Passes 15. Motion to approve Housing and Community Development Department's Item (HCD's) request to provide Laney Walker Bethlehem Revitalization Project Action: funding to contract with LWDC, and Kam ath, LLC, (Co-Developer) to Approved develop new construction of two (2) single family units, identified as 20 Nicholas Street, and 22 Nicholas Street, within Laney Walker Bethlehem. (Approved by Administrative Services Committee November 9, 2021) B Contract 20 Nicholas Street LWDC Dr Kamath 100421 (002).ndf lE 20 Nichohs Street Floor plans l0l82l,pdf E Work Write Uo 20 Nicholas Street 101821,odf E Contract 22 NicholasJtreet LWDC_Dr_Kamath 100421.odf B 22 Nicholas Str€et Floor plans 10l82l.pdf B Work Writc Uo 22 Nicholas Street 101821.odf IB ItemAoorovalshect html Motions X:'1'" Motion Text Made By Seconded By MotionlYPe ''---- -r Result Ann_^,,o Motion to approve. Commisioner CommissionerApprove Motion passes l0-0. Sean Frantom Alvin Mason Passes 16. Motion to approve the installation of signs on Deans Bridge/ Tobacco Roads Item (Gate 5) entrance way to honor those who have served and service the Fort Action: Gordon Military Base.(Approved by Administrative Services Committee Approved November 912021) E ltemAoorovalsheet.html Motions Y:j1" Motion Text Nlade By seconded By Motion Type Result ^ Motion to approve. Commisioner CommissionerApprove Motion Passes 10-0. sean Frantom Alvin Mason Passes 17. Motion to approve the execution of the Intergovernmental Service Item Agreement between the Augusta-Nchmond County Coliseum Authority and Action: the city of Augusta. The agreement is for $45,000 to engage a consultant to Approved provide a comprehensive plan for allocating federal funds for the area. (Approved by Administrative Services Committee November 9, 2021) B DRAFT IGA wirh Auqusta l109202l.pdf B Snecial called Jutv l.ndf E ltemAnnrovalsheet.html Motions Y:11" Motion Text Made By seconded By MotionType ''---- -r Result A ---^-.^ Motion to approve. Commisioner CommissionerApprove Motion passes 10-0. Sean Frantom Alvin Mason Passes 18. Motion to approve Non-Discrimination Ordinance as recommended by the Item NDO Working Group. (Approved by the Non-Discrimination Ordinance Action: (NDO) Working Group October 28, 2021 and Administrative Services Approved Committee November 9, 2021') IB 2021-28-10 Clean Coov Non Discrimination Ordinance Final Recommendation from Working Grouo,ndf lB ItemAoorovalsheet html Motions X:t:" Motion Text Made By seconded By Motion'I'ype - ----- -r --------- -J Result ^ Motion to approve. Commisioner CommissionerApprove Motion passes 10-0. Sean Frantom Alvin Mason Passes 19. Motion to approve the proposed dedication plaque drafts to recognize Item completion of the Augusta Law Department renovation and the Friedman Action: Library renovation projects.(Approved by Administrative Services Approved Committee November 9, 2021) B AGf,NTDA 2021-10 - Friedman Libary Renovations.pdf B AGEN'DA 202I-10 - Law Deparfinent Final.pdf E ltemApprovalsheet html Motions *11"' Motion Text Made Bylype Motion to approve with . the addiiio;';i ;h. r,,- ^^ lo-missioner Approve ofncio,:1#iFi,1 sltl;:t"Maben,: b. included. McKnightMotion Passes 10-0. Seconded By Motion Result Commissioner Francine Scott Passes 20. Motion to approve proceeding to hire a state lobbyist as quickly as possible. Item (Requested by Commissioner Ben Hasan) Action: Approved lE ItemAoprovalsheet html Motions Motion Motion Textlype A __-^_-^ Motion to approve.APProve Motion passes lo-0. Made By Seconded By Motion Result Commisioner Commissioner Sean Frantom Alvin Mason Passes PUBLIC SAFETY 21. Motion to approve the land lease for Fire Station 9 parking lot and to authorize the Mayor to execute all required documents. (Approved by Public Safety Committee November 9, Z02l) Item Action: Approved E 2021-10-12 ufrcA-Fi.estrtionLea..Asr.em.ot-2022th.u2026 FINAL (002).doc, E ItemAnnrovalsheet html Motions Motion Motion Textlype A ---^-.^ Motion to approve.APProve Motion passes 1o-0. Made By Seconded By Commisioner Commissioner Sean Frantom Alvin Mason Motion Result Passes 22. Motion to approve renewing MOU with GEMA to continue participation in Item Georgia Search and Rescue Program and authoize the Mayor to execute all Action: required documents. (Approved by Public Safety Committee November 9, Approved 2021') E GEMA GSAR TEAM 3 MOA AUgUSt 2O2I.dOCX B ltemAonrovalsheet html 23. Motion approve acceptance of a Richmond County Juvenile Court grant Item award in the amount of $80,000 from the Victims Of A Crime Formula Grant Action: Program through the Criminal Justice Coordinating Council. (Approved by Approved Public Safety Committee November 9, 2021) Motions f#:"' Motion rext a.-.-..^_.^ Motion to approve.APProve Motion Passes 1o-0. Commisioner Commissioner sean Frantom Alvin Mason Passes Made By Seconded By Seconded By Motion Result Motion Result E Ausust-Richmond-VOCA_Award.odf E pnooostg.not [B ItemAoorovalsheet.html Motions *j:"' Motion Text Made Byrype a -^.^..^_-^ Motion to approve. Commisioner CommissionerApprove -:- .:--- ^ -"-:;-; :-""-^-'".'-' ::'.""j:"^""-^ Passes- -rr--'- Motion Passes l0-0. Sean Frantom Alvin Mason ENGINEERING SERVICES 24. Motion to approve reassignment of Wolverton & Associates Professional Item Engineering Design Services Contracts to CHA Consulting, Inc. Also Action: approve "Consents to Assignment of Contracts" Document to be executed by Approved the Augusta, GA Legal counsel and the Mayor. Requested by AED. (Approved by Engineering Services committee November 9, 20zr) B Aususta Assisnment Ltr Finrl.odf lE| ItemAonrovalsheet.html Motions X:11" Motion Text Made By seconded By MotionType ''---- -" Result A .^..-^-.^ Motion to approve. Commisioner CommissionerApprove Motion passes 10-0. Sean Frantom Alvin Mason Passes 25. Motion to approve award of Construction Contract to Reeves Construction Item in the amount of $6,241,856.93 for East Augusta Roadway and Drainage Action: Project Brunswick Ave. & Azalea St. Phase Improvements Project. Award is Approved contingent upon receipt of signed contracts, proper bonds and applicable License associated to subject work. Request by AED. Bid2l-208 (Approved by Engineering Services Committee November 9, 2021\ lB 2l-208 Memo Contr Award Costvar Erst AugustapHJ.pdf B Bid TAB East Aususta.pdf E zr-zos csr sio.por E ltemApprovalsheet.html Motions Motion tr .. Motion;----- Motion Text Made By Seconded By ResultI ype ^ Motion to approve. Commisioner CommissionerApprove Motion passes l0-0. sean Frantom Alvin Mason Passes 26. Motion to approve the recapture of Engineering SPLOST Funds from Item SPLOST III - SPLOST VI in the amount of $6,173,436.00. The accounts Action: that the funds will be recaptured from are listed below. (Administrator/AED) Approved (Approved by Engineering services committee November 9, 2021) B Asenda Recapture AED SPLOST 4 to6 l02l202l.docx B AppendixA Engineerins SPLOST Recapture Phases III thru Vl.pdf E Appendix A EngineerinLSPLOST Recapture Phases III thru Vl.xlsx lB AED Memo Procurement Lake Dredqing 20-224 Supplement l025202lpdf E Agenda LakeDredging-Warren-Contract-SAl l024202l.docx E nyz0zzt ltlc nppltc.lrlox fillea.pat E Asende GDOT FY2022 LMIG 10242021.docx E ItemApprovalsbeet.html Motions Motion Motion Text Made By Seconded By MotionTYPe Result a.-.__ __- Motion to approve. Commisioner CommissionerApprove Motion passes l0-0. Sean Frantom Alvin Mason Passes PETITIONS AND COMMUNICATIONS 27. Motion to approve the minutes of the Regular Meeting held on November 2, Item 2021 and Special Called Meeting held November 9,202L Action: Approved E Resular Commission Meetins November 2 2021.odf E Called Commission Meetins November 9 202l.odf E ltemAoprovalsheet.html Motions X:ji" Motion Text Made By seconded By Motion'f'ype - ----- -'I -----'--- -r Result A ---^,.^ Motion to approve. Commisioner CommissionerApprove Motion passes 10-0. Sean Frantom Atvin Mason Passes APPOINTMENT(S) 28. Motion to approve the appointment of Mr. Jeffery Kelly to the Small Item Business Citizens Advisory Committee representing District 6. (Requested Action: by Commissioner Ben Hasan) Approved E ItemAoorovalsheet htmt Motions X:tl" Motion Text Made By seconded By MotionlYPe - --'--- -'1 Result ^ Motion to approve. Commisioner CommissionerApprove Motion passes l0-0. Sean Frantom Alvin Mason Passes ** **END CONSENT AGENDA:K:K** AUGUSTA COMMISSION lllt6/2021 AUGUSTA COMMISSION REGULAR AGENDA tUt6t202t (Items 29-40) PLANNING 29. Z-21-80 - No Recommendation. A request from the Augusta Georgia Item Planning Commission to take no action on a petition by Ivey Action: Development, LLC, on behalf of Clyde Ray - requesting a Rezoning from Disapproved Zone R-l (One-family Residential) and Zone R-lB (One-family Residential) to Zone R-3B (Multiple-famity Residential) affecting properties containing approximately 18.86 acres located at 413,415,419, 421, 425, 427, 429 and 433 Pleasant Home Road. Tax Map 016-0-048- 03-0; 0 I 6-0-048 -02-0; 016-0-047-00-0; 0 I 6-0-046-00-0; 0 I 6-0-045-00-0; 016-0-045-01-0; 016-0-045 -02-0 and 016-0-044-00-0. DISTRICT 7 B z-21-80 reoort odf B ltemAnnrovalsheet.html Motions Motion*l:"' Motion Text Made By Seconded By :'l'ype Result Motion to deny the request for the rezoning. Voting No: Commissioner Ben Hasan, rohn clarke ilffi;;;; Passes rranclne Jcolt, Commissioner Bobby Williams, Commissioner Dennis Williams. Motion Passes 6-4. PUBLIC SERVICES 30. Receive update as requested by the Commission on November 2,2021 from ltem the Planning & Development Department regarding approved probation until Action: Approved December 37, 2021, for Sureste Partners, dlbla: Azalea park Apartments, I 814 Fayetteville Drive, for violating the occupation Tax ordinance. E Azalea Park Ooen Violations 20210820.x1sx E ItemAoorovalsheet.html Motions X::"' Morion Text Made By seconded By MotionrYPe -'"-- "r Result Motion to approve receiving this item as information without Commissioner Approve objection with a Bobby commissioner complete written williams Jordan Johnson report to be given on December 21. ADMINISTRATIVE SERVICES 31. Motion to approve the Administration Contract between Augusta and the Item CENTRAL SAVANNAH RIVER AREA REGIONAL COMMISSION and Action: authorize the Mayor to execute. (Requested by Administrator Odie Approved Donald, Jr.) B Contractual Asreement CDBG administration for CDBG-CV.doc :B 2021-16-11 R€solution for Application CDBG CV Auqusta 202llll6.pdf E ltemAoorovalsheet.html Motions X:11" Motion Text Made By seconded By Motion I YPe Result Motion to approve both a .-.,. the agreement and the Commisioner CommissionerApprove ,^,f*,^- --- ; -_;, _,:-'_-^ ;;^:""j;"'"""' passesresolution. Sean Frantom Alvin Mason Motion Passes 10-0. FINANCE 32. Motion to approve increase to Environmental Services Department. Donald) operating expenditure levels for ltem @equested by Administrator Odie Action: Approved E 2021.1l.Io-Memo to Admitristrator ReJ4l LF Budset Exceedatrce (002).pdf IB ItemAoorovalsheet html Motions Motion Motion Textlype MotionSeconded BY Resurt Motion to approve. Approve Mr. Frantom out. commissioner Commissioner Motion passes 9-0. Brandon Garrett Ben Hasan Passes ENGINEERING SERVICES 33. Consider a request from Ms. Rita Hamilton for permission to install a Gold Item Star Marker in the 5l I Reynolds Street Blue Star Marker Garden Park. (No Action: recommendation from Engineering Services Committee November 9, Approved 2021) Made By Made By B Rita Hamilton,pdf E ltemAonrovalsheet.html Motions Motion Motion Textlype Motionseconded BY Resurt Motion to approve. Approve Mr. Frantom out. commissioner commissioner Motion passes 9-0. Brandon Garrett Ben Hasan Passes SUBCOMMITTEE Pension Committee Defined Pension Contribution plan 34. Motion to approve the necessary documents in association with the restated Item 401(a) Adoption Agreement, the Addendum to the Adoption Agreement, Action: the Restated 2018; a01(a) Defined Contribution Master Plan, Amendment I Approvedto the DC Master Plan, the Summary of Amendments and the aOl(a) Determination Letter. E 2021-16-11 ARC Resolution.pdf B 2021-16-11 401(a) DC Determination Letter.pdf B 2021-16-11 2021 DC Restatem0nt Summary of Chanqes 2 8 2t.pdf B 2021-16-11 Adoption Asmt Ausustr AA (5-26-2021).pdf E 2021-16-11 Resotution to Amend DB Ptan Ametrdment 2 9.25.2020 Sigtred.pdf lE 2021-16-ll Restated DC Master Ptan Juty 2020.pdf E 2021-16-ll cMA Petrsion Ausustr Cover Mrmo (5-26-2021).pdf [E ItemApprovalsheet html Motions []l:" Motion Text Made By Seconded By fffi,'r ype A -_-^_.^ Motion to approve. Commisioner CommissionerApprove Motion passes l0-0. sean Frantom Alvin Mason Passes APPOINTMENT(S) 35. Motion to approve the reappointment of the Augusta-Nchmond County Item Coliseum Authority members. @equested by Commissioner Francine Action:Scott) Approved E ARC Coliseum Authority l.pdf IB ltemApprovalsheet.html Motions Motion Motion Text Made By Seconded By HtjilI ype A _--^-.^ Motion to approve. Commisioner CommissionerApprove Motion passes l0-0. Sean Frantom Alvin Mason Passes ADMINISTRATOR 36. Approve FY 2022 budget for Augusta Georgia. Item Action: Approved E Budset_Resolution_for_FY 2022.odf lE ItemApprovalsheet html Motions Y::*1" Motion Text Made By seconded By Motion'I'ype - ---- -'t ResultJt - Approve Motion to approve. Commissioner Commissioner Passes Mr. Frantom out. Ben Hasan Francine Scott Motion Passes 9-0. 37. Update on the progress and outcomes of the Vax Up Augusta! program for the Item period ending October/ November l0,202l Action: None E ltemAonrovalsheet.html Motions Motion Motion Text Made Seconded MotionrYPe By By Result Update is given by the Administrator on the Vax Up Augusta! program. ADDENDUM 38. Motion to approve going into an Executive session. Item Action: Approved B ItemAoorovalsheet html Motions Motion r-_1!- m Motion;----- Motion Text Made By Seconded By Resultlype Motion to approve going into an executive A-_--.._. , Commissioner Approve ;::-ll,l*,1;'":ffi ;:rff#f*' B"t;t Passes Williams Motion Passes l0-0. 39. Presentation by Mayor Briton Williams, North Augusta, SC, regarding Trash Item Bash at the Border. Action: Approved Motions Motion Motion Text Made Seconded Motion r YPe By By Result Presentation by Mayor Briton Williams, North Augusta, SC regarding Trash Bash at the Border. 40. Motion to adopt an emergency Resolution of the Augusta, Georgia County Item Consolidated Government to accept the material terms of the distributor in Action: Jansen settlement pursuant to the Georgia Memorandum of Understanding Approved and consistent with the terms of the July 21, 2020 National Opioid Agreement as well as to authorize the Mayor to execute this Memorandum of Understanding and all participating agreements in pursuit and use of potential opioid litigation funds consistent with the National Opioid Settlement Agreement available at nationalopioidsettlement.com. Motions Motion rr-1!-_-m , rr r Motion;----- Motion Text Made By Seconded ByrYPe -.---- -'t Result ^ Motion to approve. Commissioner CommissionerApprove Motion passes l0-0. Bobby Williams Francine Scott Passes LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 41. Motion to authorize execution by the Mayor of the affidavit of Item compliance with Georgia's Open Meeting Act. Action: Approved Motions X:j1" Motion Text Made By seconded By Motion t YPe '.---- -r Result Motion to approve a ----^-,- execution of the closed commissioner commissionerApprove - ^",..,^_.,:----- ;- --l^'-";'--'.. ;;'i^"^j:"'-"-^ passes^ -rr^.-'- meeting affidavit. Brandon Garrett Alvin Mason Motion Passes l0-0. Upcoming Meetings CALLED MEETING COMMISSION CHAMBER November 30,2021 Augusta Richmond County Commission convened at 11:00 a.m., Tuesday, November 30,2021, the Honorable Hardie Davis, Jr., Mayor, presiding. PRESENT: Hons. Johnson, Garrett, Mason, Frantom, B. Williams, Scott, McKnight, D.Williams, Hasan and Clarke, members of Augusta Richmond County Commission. Mr. Mayor: Good morning, everybody. I hope everyone had a wonderful Thanksgiving. Step into the first week of December. Happy Hanukkah to all of our friends celebrating thelestirTalof lights' It's an exciting time. While we're celebrating the festival of lights, I certainly want todraw attention, bring everyone's mind's eye to why we shine a light, it's a nationwide initiative to address the rising anti-Semitism so that's also taking place during this week. With that, the Chair calls this meeting to order and recognizes Attorney Brown. 1. LEGAL MEETING A. Pending and potential litigation B. Real estate C. Personnel Mr. Brown: Good morning, Mayor Davis and Commissioners. We request a motion to go into executive session for the discussion of pending and potential litigation, real estate and personnel. Mr. Garrett: Motion to approve. Ms. Scott: Second. Mr. Mayor: I've got a motion from the commissioner from the 8ft, second from the 9tr. Voting. Mr. Mason and Mr. Frantom out. Motion carries 8-0. IEXECUTTVE SESSTONI Mr. Mayor: All right, we'll call this meeting back to order. If you'll take your seats and cease all conversations. The chair recognizes General counsel Brown. 2. Motion to authorize execution by the Mayor of the affidavit of compliance withGeorgia's Open Meeting. Act. Mr. Brown: Mayor and Commissioners, wetd like to request a motion to execute closed meeting affidavit. Mr. B. Willliams: So move. Mr. Johnson: Second. Mr. Mayor: The Mayor Pro Tem has motioned and the second from the commissioner from the 1't. Voting. Ms. Scott out. Motion carries 9-0. Mr. Mayor: Thank you, Madam Clerk. The Chairrecognizes General Counsel Brown for the reading of a motion. Mr. Brown: Mayor Davis, Commissioners, we'd like to request a motion to adopt a Resolution authorizing the settlement of all claims by Willie Mae Jones and Freddie Jones as claimant in the aggregate amount of $5001000 payabte as follows: Willie Mae Jones and Freddie Jones and Mike Hostilo firm as their attorney and to further authorize the Administrator to disburse said amount waiving Augusta Code of Ordinances and Sections in conflict therewith for this instance only and for other purposes. Mr. Mayor: The Chair recognizes the commissioner from the 1't. Mr. Johnson: So move. Ms. McKnight: Second. Mr. Mayor: Voting. Motion carries L0-0. Mr. Mayor: The Chair recognizes the General Counsel for the reading of a motion. Mr. Brown: We request a motion to approve the transfer to the Augusta Georgia Land Bank real property located at 1408 Jones Streef Augusta, Georgia by quit claim deed with conditions that there shall be no curb cut and a no build clause regarding said subject property and that the Land Bank will provide for the closing under the guidance of the Augusta Law Department. Mr. Mayor: The Chair recognizes commissioner from the 8tr. Mr. Garrett: Motion to aPProve. Mr. Hasan: Second. Mr. Mayor: Voting. Motion carries 10-0. Mr. Mayor: The Chair recognizes the General Counsel for the reading of a motion. Mr. Brown: There are no further motions if I'm not mistaken. Mr. Mayor: Okay, all right. The Chair will entertain a motion to amend the current Commission meeting schedule and that December the 7th be the final meeting for this Augusta Commission and that all agenda items scheduled for December 14 and 21st be moved to the December 7th meeting. Mr. Frantom: So moved. Mr. Mason: Second. Mr. Mayor: A motion and a second. Mr. Brown: And this is a, Mayor? Mr. Mayor: The Chair recognizes the General Counsel. Mr. Brown: As a part of your motion, you are adding and approving this to the agenda. Mr. Mayor: That is correct. All right, voting. Motion carries 10-0. Mr. Mayor: Thank you. I believe that's all the business before us for our special called meeting, Madam Clerk. The Clerk: Yes, sir. Mr. Mayor: I'll turn it back over to you for committee meetings. IMEETING ADJOURNED] Lena J. Bonner Clerk of Commission CERTIFICATION: I, Lena J. Bonner, Clerk of Commission, hereby certiff 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 30,2021. Clerk of Commission Commission Meeting Agenda 12/7/2021 2:00 PM District 1 appointment Department:Augusta Commission Department:Augusta Commission Caption:Motion to approve the appointment of Mr. John Noel to the Augusta Canal Authority representing District 1. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Clerk of Commission Commission, Authorities, & Boards Talent Bank Application Title First Name* Middle Name * Last Name* Suffix Date Of Birth* Address* Home Phone* Work Phone Registered Voter* Marital Status* Education* Race* Gender* Occupation* Interests Commissions, Authorities, & Boards Mr. John E. Noel 4/1/1971 City Augusta State / Province / Region GA Postal / Zip Code 30318 Country USA Street Address 1 5th Street Address Line 2 404-520-5205 District 1 District 2 District 3 District 4 District 5 District 6 District 7 District 8 None Single Bachelors White Male Founder & President of Energy Efficiency Company Running the canal and Downtown area, Historic Preservation, International Travel Volunteer For *Augusta Canal Authority Click add below to apply for more than one board. * * Email I currently have relatives working for the City of Augusta Yes No I currently server on an Augusta Board, Commission, or Authority Yes No I would like to receive an email confirmation of my submission. Yes No rilmanjohn@aol.com Commission Meeting Agenda 12/7/2021 2:00 PM District 3 Department:Augusta Commission Department:Augusta Commission Caption:Motion to approve the appointment of Ms. Janice Ramirez to the Animal Services Board due to the resignation of Stefane Reed, representing District 3. Background:Resignation of Stefane Redd was submitted to Commissioner McKnight. Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Clerk of Commission Commission, Authorities, & Boards Talent Bank Application Title First Name* Middle Name * Last Name* Suffix Date Of Birth* Address* Home Phone* Work Phone Registered Voter* Marital Status* Education* Race* Gender* Occupation* Interests Commissions, Authorities, & Boards Janice n/a Ramirez 6/8/1983 City augusta State / Province / Region ga Postal / Zip Code 30909 Country usa Street Address 6018 Sanibel Drive Address Line 2 7064147885 District 1 District 2 District 3 District 4 District 5 District 6 District 7 District 8 None Separated Bachelors Black Female none Volunteer For *Augusta Richmond County Planning Commission Click add below to apply for more than one board. * * Email I currently have relatives working for the City of Augusta Yes No I currently server on an Augusta Board, Commission, or Authority Yes No I would like to receive an email confirmation of my submission. Yes No ramirez.janice.0608@gmail.com Commission Meeting Agenda 12/7/2021 2:00 PM District 6 appointment Department:Augusta Commission Department:Augusta Commission Caption:Motion to approve the appointment of Mr. Les Morton to the Augusta Historic Preservation Commission representing District 6. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 12/7/2021 2:00 PM District 8 appointment Department:Augusta Commission Department:Augusta Commission Caption:Motion to approve the appointment of Mr. Michael Cioffi to the Augusta Aviation Commission representing District 8. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 12/7/2021 2:00 PM 5307 ARP Department:Augusta Transit Department:Augusta Transit Caption:A motion to approve the American Rescue Plan Act (ARP) Sec. 5307 Grant application between the Federal Transit Administration (FTA) and Augusta, Georgia. Background:The American Rescue Plan Act (ARP) was signed into law on March 11, 2021 providing $30.5 billion for transit. Augusta Transit has been awarded $1,003,103 for operating assistance. Analysis:The approval of this grant application will allow Augusta Transit to continue to provide transportation service to Citizens of Augusta-Richmond County. Financial Impact:The funding for this application is 100% federal funds with no local match required. The allocated funding breakdown is: Funding Source Total Split Federal Local FTA Grant $1,003,103 100% $1,003,103 $0.00 Alternatives:1). Approve the allocated grant. 2). If you do not approve this grant, AT will lose the money. Recommendation:Approve the submission of this grant application. Funds are Available in the Following Accounts: Will setup in fund 547 REVIEWED AND APPROVED BY:Cover Memo Cover Memo Commission Meeting Agenda 12/7/2021 2:00 PM Alcohol Ordinance Amendments Department:Planning & Development Department:Planning & Development Caption: Alcohol Ordinance: request approval of amendments to the Augusta, Georgia Code, Title 6, Chapter 2, Article 1, Alcoholic Beverages, to revise the definitions of Micro Brewery, Nano Brewery, Nano Distillery, Pico Brewery and Pico Distillery so the definitions are the same as in the Comprehensive Zoning Ordinance. Background:At the October 7, 2019, regular meeting, the Augusta Georgia Planning Commission voted to approve amendments to the Comprehensive Zoning Ordinance that would remove ‘no restaurant component’ from the definitions of Micro Brewery, Nano Brewery, Nano Distillery, Pico Brewery and Pico Distillery. Analysis:The amended definitions will provide that a Micro-Brewery, Nano Brewery, Nano Distillery, Pico Brewery and Pico Distillery may serve food as an incidental service in the ‘tasting rooms’ of the respective business. Financial Impact:N/A Alternatives:Do not approve. Recommendation:Approval Funds are Available in the Following Accounts: N/A Cover Memo REVIEWED AND APPROVED BY: Cover Memo ORDINANCE NO. ___________ AN ORDINANCE TO AMEND THE AUGUSTA, GEORGIA CODE, TITLE 6, CHAPTER 2, ARTICLE 1, ALCOHOLIC BEVERAGES, SECTION 6-2-2, DEFINITIONS; SO AS TO AMEND THE DEFINITIONS OF MICRO BREWERY, NANO BREWERY, PICO BREWERY, NANO DISTILLERY, AND PICO DISTILLERY; TO REPEAL ALL CODE SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. NOW, BE IT ORDAINED BY THE AUGUSTA, GEORGIA COMMISSION AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF SAME THAT BREWERIES AND DISTILLERIES OF ALL SIZES WITHIN THE JURISDICTION SHALL COMPLY WITH THE PROVISIONS OF THE AUGUSTA, GEORGIA CODE, AS FOLLOWS: SECTION 1. Title 6, Chapter 2, Article 1, ALCOHOLIC BEVERAGES, Sections 6-2-2 (x)(z)(aa)(dd) and (ee) are hereby amended by deleting these sections in its entirety, AND new Sections 6-2-2 (x)(z) (aa)(dd) and (ee) are hereby inserted to replace the repealed sections as set forth in “Exhibit A” hereto. SECTION 2. This ordinance shall become effective upon adoption. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Adopted this ___ day of ___________, 2021. __________________________ Hardie Davis, Jr. As its Mayor Attest: __________________________ Lena J. Bonner, Clerk of Commission Seal: CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Ordinance was duly adopted by the Augusta, Georgia Commission on ________________, 2021 and that such Ordinance has not been modified or rescinded as of the date hereof and the undersigned further certifies that attached hereto is a true copy of the Ordinance which was approved and adopted in the foregoing meeting(s). ______________________________ Lena J. Bonner, Clerk of Commission Published in the Augusta Chronicle. Date: _________________________ First Reading: September 21, 2021 Second Reading: October 5, 2021 “EXHIBIT A” (Amended sections are underlined) Sec. 6-2-2. Definitions. The following are definitions of terms as used in this Chapter: (x) Micro Brewery shall mean a manufacture of alcoholic malt beverages of up to 15,000 barrels per year for the purpose of wholesale distribution of a majority of its product with incidental sales to the public either for on-site consumption or for carryout not to exceed 288 ounces per person per day. (No restaurant component) (x) Micro Brewery shall mean a manufacture of alcoholic malt beverages of up to 15,000 barrels per year for the purpose of wholesale distribution of a majority of its product with incidental sales to the public either for on-site consumption or for carryout not to exceed 288 ounces per person per day. (z) Nano Brewery shall mean a producer of alcoholic malt beverages of up to 3,000 barrels per year for the purpose of wholesale distribution and retail sales to the public for on-site consumption or for carryout not to exceed 288 ounces per person per day. (No restaurant component) (z) Nano Brewery shall mean a producer of alcoholic malt beverages of up to 3,000 barrels per year for the purpose of wholesale distribution and retail sales to the public for on-site consumption or for carryout not to exceed 288 ounces per person per day. (aa) Nano Distillery shall mean a producer of alcoholic distilled spirits of up to 500 barrels per year for the purpose of wholesale distribution and retail sales to the public for on-site consumption or for carryout not to exceed 3 bottles (750 ml) per person per day. (No restaurant component) (aa) Nano Distillery shall mean a producer of alcoholic distilled spirits of up to 500 barrels per year for the purpose of wholesale distribution and retail sales to the public for on-site consumption or for carryout not to exceed 3 bottles (750 ml) per person per day. (dd) Pico Brewery shall mean a small batch producer of alcoholic malt beverages of up to 500 barrels per year for the purpose of retail sales to the public for on-site consumption or for carryout not to exceed 288 ounces per person per day. (No restaurant component) (dd) Pico Brewery shall mean a small batch producer of alcoholic malt beverages of up to 500 barrels per year for the purpose of retail sales to the public for on-site consumption or for carryout not to exceed 288 ounces per person per day. (ee) Pico Distillery shall mean a small batch producer of alcoholic distilled spirits of up to 100 barrels per year for the purpose of retail sales to the public for on-site consumption or for carryout not to exceed 3 bottles (750 ml) per person per day. Such use must be connected to public water and sewer. (No restaurant component) ee) Pico Distillery shall mean a small batch producer of alcoholic distilled spirits of up to 100 barrels per year for the purpose of retail sales to the public for on-site consumption or for carryout not to exceed 3 bottles (750 ml) per person per day. Such use must be connected to public water and sewer. Commission Meeting Agenda 12/7/2021 2:00 PM 2021 approve the redistricting map Department: Department: Caption:Discuss and approve the redistricting map. (Requested by Commission Sean Frantom) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo User:Richmond Plan Name:RichmondCCSB-Draft-2021 Plan Type:Local Population Summary Tuesday, November 23, 2021 11:57 AM Summary Statistics: Population Range:25,770 to 25,883 Ratio Range:0.00 Absolute Range:-56 to 57 Absolute Overall Range:113 Relative Range:-0.22% to 0.22% Relative Overall Range:0.44% Absolute Mean Deviation:27.88 Relative Mean Deviation:0.11% Standard Deviation:33.48 District Population Deviation % Devn.[18+_Pop][% 18+_Pop][% NH18+ _Wht] [% NH18+ _Blk] [% H18+ _Pop] [% NH18+ _Asn] [% NH18+ _Ind] [% NH18+ _Hwn] [% NH18+ _Oth] [% NH18+_2 + Races] 001 25,824 -2 -0.01%20,399 78.99%30.86%60.76%2.89%1.96%0.21%0.09%0.44%2.8% 002 25,770 -56 -0.22%19,534 75.8%30%62.16%3.64%1.02%0.17%0.11%0.35%2.55% 003 25,804 -22 -0.09%20,599 79.83%40.21%46.39%5.22%3.34%0.23%0.11%0.48%4.02% 004 25,839 13 0.05%19,904 77.03%20.66%62.74%9.59%2.92%0.27%0.28%0.27%3.27% 005 25,883 57 0.22%19,278 74.48%19.19%69.96%5.84%1.37%0.24%0.26%0.27%2.88% 006 25,794 -32 -0.12%19,326 74.92%35.38%55.24%4.19%1.22%0.37%0.27%0.33%3% 007 25,852 26 0.10%21,523 83.25%58.24%28.91%4.57%3.9%0.13%0.13%0.5%3.61% 008 25,841 15 0.06%20,336 78.7%53.01%34.2%6.11%1.66%0.4%0.24%0.35%4.03% Total:206,607 Ideal District:25,826 Page 1 of 1 707 703 STEVENS CREEK CHURCH 709 702 LAKESIDE MIDDLE BLUERIDGE ELEMENTARY CHRIST THE KING CH 706 705 708 AUGUSTA CHRISTIAN GENESIS CHURCH COL CTY BOARD OF EDU BLANCHARD PARK TRINITY BAPT CHURCH GOLD CROSS EMS CHURCH OF OUR SAVIOR WEST ACRES BAPTIST PHILADELPHIA CHURCH KIOKEE BAPT CHURCH GROVETOWN DEPT OF PUBLIC SAFETY STATION #2 LIBERTY PARK - GROVETOWN GROVETOWN METHODIST GROVE FIRST BAPTIST CHURCH NEW LIFE CHURCH PARKWAY BAPTIST CHURCH PATRIOTS PARK WOODLAWN BAPT CHURCH LEWIS METHODIST MATTHEWS KEYSVILLE 802 TELFAIR 608 806 808 607 506 BESSIE THOMAS CENTER 133A 133B 804H 810 HARLEM SENIOR CENTER 801 803 801B HARLEM BRANCH LIBRARY GREENSCUT ST. CLAIR FOUR POINTS WRENS 210 303 108 204 304 201309 306 502 503 507 504 401 509 501 G A APOSTOLIC CHURCH 603 605 604 114 805 115 111 105 102 701 305 302 301 ABILENE BAPTIST 308 804 807 809 406 405 404 601 310 402 207 203 101 307 107 104 202 208 106 103 109 112 002 007 005 003 004 006 001 008 Richmond Columbia Burke McDuffie Jefferson ©2021 CALIPER Augusta-Richmond County Commission & School Board - Draft Client: Richmond Plan: RichmondCCSB-Draft-2021 Type: Local 0 1.5 3 Miles Map layers Districts VTD2020 FedCt-RichCCSB-2012 County Voting District AugustaRichm-Incumbents User:Richmond Plan Name:FedCt-RichCCSB-2012-2020data Plan Type:Local Population Summary Wednesday, September 15, 2021 10:41 AM Summary Statistics: Population Range:23,872 to 31,316 Ratio Range:0.31 Absolute Range:-1,954 to 5,490 Absolute Overall Range:7,444 Relative Range:-7.57% to 21.26% Relative Overall Range:28.82% Absolute Mean Deviation:1,475.88 Relative Mean Deviation:5.71% Standard Deviation:2,177.36 District Population Deviation % Devn.[% NH_Wht][% NH_Blk][% Hispanic Origin] [% NH_Asn][% NH_Ind][% NH_Hwn][% NH_Oth][% NH_2+ Races] 001 24,519 -1,307 -5.06%26.41%64.85%3.21%1.54%0.18%0.07%0.48%3.26% 002 23,872 -1,954 -7.57%21.66%69.82%4%0.85%0.21%0.06%0.34%3.06% 003 31,316 5,490 21.26%40.75%45.94%5.16%2.87%0.26%0.17%0.54%4.31% 004 24,701 -1,125 -4.36%18.41%64.85%9.44%2.52%0.19%0.27%0.32%4.02% 005 26,239 413 1.60%16.24%71.73%6.43%1.03%0.32%0.27%0.36%3.63% 006 25,418 -408 -1.58%31.9%57.36%4.89%1.02%0.32%0.23%0.5%3.77% 007 25,416 -410 -1.59%55.94%30.2%4.97%3.66%0.14%0.18%0.5%4.41% 008 25,126 -700 -2.71%51.17%35.41%6.23%1.38%0.35%0.26%0.45%4.76% Total:206,607 Ideal District:25,826 Page 1 of 1 Current District Lines with 2020 Census data applied User:Richmond Plan Name:RichmondCCSB-Draft-2021 Plan Type:Local Population Summary Wednesday, September 15, 2021 1:42 PM Summary Statistics: Population Range:25,770 to 25,883 Ratio Range:0.00 Absolute Range:-56 to 57 Absolute Overall Range:113 Relative Range:-0.22% to 0.22% Relative Overall Range:0.44% Absolute Mean Deviation:27.88 Relative Mean Deviation:0.11% Standard Deviation:33.48 District Population Deviation % Devn.[% NH_Wht][% NH_Blk][% Hispanic Origin] [% NH_Asn][% NH_Ind][% NH_Hwn][% NH_Oth][% NH_2+ Races] 001 25,824 -2 -0.01%27.69%63.45%3.21%1.65%0.19%0.07%0.48%3.25% 002 25,770 -56 -0.22%26.31%65.12%4.01%0.85%0.22%0.09%0.34%3.07% 003 25,804 -22 -0.09%37.77%48.13%5.4%3.1%0.26%0.16%0.57%4.61% 004 25,839 13 0.05%18.33%65.17%9.15%2.41%0.26%0.26%0.36%4.06% 005 25,883 57 0.22%16.32%71.85%6.39%1.09%0.25%0.27%0.31%3.53% 006 25,794 -32 -0.12%31.32%58.04%4.86%1.02%0.32%0.23%0.51%3.71% 007 25,852 26 0.10%55.62%30.52%4.96%3.66%0.14%0.19%0.51%4.4% 008 25,841 15 0.06%51.49%35.08%6.33%1.35%0.36%0.24%0.43%4.73% Total:206,607 Ideal District:25,826 Page 1 of 1 Draft Districts based on new Census Data Commission Meeting Agenda 12/7/2021 2:00 PM Approve Price Proposal for Contract Evaluation - RFQ 21-249 Department:Central Services - Facilities Department:Central Services - Facilities Caption:Motion approve the price proposal received from JBA Consulting Engineers, Inc. dba NV5 Consultants for Professional Services Performance Contract Evaluation (RFQ #21-249) not to exceed $260,000. Background:An RFP was submitted for the Professional Services Performance Contract Evaluation. Two vendors responded. NV5 was selected by the evaluation committee to provide performance contract evaluation services for the upcoming Trane, Inc. performance contract. Analysis:NV5 has proposed services to include construction oversight, construction close out and limited performance period services. With a potential investment of more than $25M, it is in Augusta’s best interest to take advantage of the above services to ensure our interest is protected. Financial Impact:not to exceed $260K financed with the performance contract Alternatives:(1) Approve the price proposal received from JBA Consulting Engineers, Inc. dba NV5 Consultants for Professional Services Performance Contract Evaluation (Bid #21-249) not to exceed $260,000 ; (2) Do not approve the request Recommendation:Approve the price proposal received from JBA Consulting Engineers, Inc. dba NV5 Consultants for Professional Services Performance Contract Evaluation (Bid #21-249) not to exceed $260,000 Funds are Available in the not to exceed $260K financed with the performance contractCover Memo Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Aldo Mazzaferro, PE, CEM, CEA Executive Director of Business Development NV5 Energy Efficiency Services 32 Old Slip, Suite #401 New York, NY 10005 Aldo.mazzaferro@NV5.com C: 516.567.2337 PRICE PROPOSAL (BAFO) FOR PROFESSIONAL SERVICES PERFORMANCE CONTRACT EVALUATION SOLUTION FOR AUGUSTA, GA – CENTRAL SERVICES DEPARTMENT / RFQ#21-249 PROPOSAL NUMBER P63021-0007023.00 NOVEMBER 30TH, 2021 Prepared For: CITY OF AUGUSTA, GEORGIA Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street – Room 605 Augusta, Georgia 30901 (610) 570-5350 NV5 Proposal No. P63021-0007023.00 Page 2 of 13 November 30th, 2021 Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street – Room 605 Augusta Georgia 30901 Subject: Price Proposal – Best and Final Offer (BAFO) for Performance Contract Evaluation NV5 Proposal No. P63021-0007023.00 Dear Ms. Sams: We appreciate the time the City of Augusta representatives have spent on our previous calls to discuss this opportunity. Thank you for requesting our services for your ESPC project. In accordance with your request, JBA Consulting Engineers, Inc. dba NV5 Consultants (NV5) is pleased to offer our Best and Final Offer (BAFO) Price Proposal for the following professional services. For clarity, our BAFO is presented as Options A & B as follows Option A - Phase 1 – Performance Contract Evaluation Option B – Phases 1-3 – Performance Contract Evaluation, Construction Oversight & Close-out Services, and First Year Performance Period Services PROJECT BACKGROUND We understand the project as proposed will impact nearly 80 facilities across the City, generate over $1 Million in annual savings, and invest nearly $25 Million in Energy Conservation Measures. Based on our discussions, we also understand the City is seeking to sign a Letter of Intent to execute the PACT with the ESCO (Trane) by December 31st, 2021. Afterwards, the full contract will be executed upon finalization of legal, financial, and technical terms and conditions of both the PACT and the Investment Grade Audit (IGA). However, the PACT, IGA, and the Financing Agreement need to be approved by February 28th, 2022. SCOPE OF SERVICES We are proposing two options for our Scope of Services: Option A is to perform only our Phase 1 – Performance Contract Evaluation. This will be done in two phases: (A) Initial Evaluation & (B) Detailed Review & Negotiation of IGA & PACT. This is modified from our typical approach since the draft IGA has already been completed and there is an expedited timeline. Phase 1 – Performance Contract Evaluation (A) – Initial Evaluation of Investment Grade Audit & PACT Agreement proposed by Trane 1. Conduct an initial review of the IGA & PACT submitted by Trane and provided to NV5 via DropBox on November 19th, 2021. The goal of the cursory review is to identify any and all potential, “showstoppers” or “deal breakers” that may prevent the City from executing a Letter of Intent (LOI) to Execute the PACT by December 31st, 2021. 2. The scope of the initial review will include some or all of the following activities: a. Confirmation that all the proper documentation and components of an ESPC are included in the IGA and PACT b. Confirmation that industry best practices have been employed by Trane in the development of the IGA, the proposed scope of work, and the costs/savings for each Energy Conservation Measure (ECM) c. Cursory review of the proposal’s various cost components including development costs, ECM costs, on- going services, etc. NV5 Proposal No. P63021-0007023.00 Page 3 of 13 d. Preliminary evaluation of proposed savings for individual Energy Conservation Measures (ECMs) including methodology, baseline assumptions, future conditions, etc. e. Review proposed approach to Measurement & Verification with adherence to the industry’s best practices and standardized protocols f. Participation in calls with the City’s technical, financial, and legal representatives to address questions related to the ESPC, this specific proposal, terms, and/or conditions. Additionally, participate in calls with Trane as needed to expeditiously address any concerns or confusion from our initial findings. g. Upon completion of initial review, NV5 will issue a formal recommendation based on our findings including next steps. 3. Timeline a. Our initial review will require approximately 2 weeks of effort from our team. Accordingly, we have expedited preparation of this proposal, so that the City can bring this to council for approval at the December 7th meeting. b. If the proposal is approved on December 7th, we ask that the City please execute and return this agreement by Friday, December 10th, 2021, so that we can provide you with our initial findings and recommendation for next steps by Friday, December 24th, 2021. c. Please note: Although it is unlikely, if our initial findings result in the City choosing not to proceed with executing the LOI, our fees for this portion of the work (Phase 1 – A) are presented below. (B) – Detailed Evaluation of Investment Grade Audit & PACT Agreement proposed by Trane 1. Conduct a detailed technical and financial evaluation of all proposal components, files, attachments, appendices, terms, and conditions. Additionally, NV5 team will assist your legal counsel in the legal negotiations of the contract. At the conclusion of this phase, NV5 will issue an executive summary of our findings and recommendations for next steps. 2. The detailed scope of work for Phase 1(B) is as follows: a. Participate in an introductory call with Trane and the City of Augusta to discuss project objectives, information requests, engineering methodologies, and expectations of cooperation, communication, review and response timeframes, etc. After the call we will prepare a Request for Information (RFI) based on outstanding information. b. Conduct review of information submitted by Trane and submit a report that will include an Executive Summary of our findings, and a Comment/Response/Resolution (CRR) log with the details of our initial findings, as well as which items that still must be supplied. We will use our CRR log to work with Trane and the City to resolve any questions or additional RFIs. c. Once Trane has submitted all requested information (listed above) in full, NV5 will conduct a comprehensive review of the Revised IGA focusing on validating energy savings calculations (review energy simulation models), Baseline calculations, Commissioning Plan, M&V Plan, Risk-Responsibility- Performance Matrix (RRPM), O&M Plan, and Close-out and Training plans. We will also conduct a cost- reasonableness check on Trane’s price buildup. d. Participate in “Workshops” with Trane and the City officials to discuss Baseline development, ECM development, Cx Plan, M&V Plan, O&M Plan, PIR / Close-out / Training Plan. e. NV5 will review the existing facility/facility baseline calculations along with associated supporting information such as field data/measurements/data logging, light level readings, equipment inventories, historical utility/metering analysis, facility descriptions, etc. If Trane is using spreadsheets, we will review the live MS Excel spreadsheets, with intact formulae, so we can check the calculation logic. If Trane is utilizing a computer energy simulation model, NV5 will ensure this powerful tool is being constructed and utilized properly to depict the proposed ECM intent/scope of work and the proposed energy usage and costs (and associated savings). This task is unique to NV5 in an Owner’s Agent role and has been immensely useful in uncovering mistakes in savings estimates, providing the City with tremendous value. f. NV5 will review Trane’s proposed ECMs and draft scope of work, energy savings calculation projections, utility escalation rates, etc. NV5 will work with the City reps to determine if the proposed ECMs and technologies are appropriate for the facilities and other energy-using systems, and for the maintenance staff to maintain over the contract term. NV5 will review any preliminary project and ECM cost estimates to ensure reasonableness. NV5 will facilitate appropriate discussions regarding inclusion of proposed ECMs and projected savings as part of the overall proposed program. We will make sure discussions include all ECMs being evaluated, intended to be evaluated, or determined by Trane to not be cost- effective, so that the City can be the ultimate decision maker on which ECMs will be included for further evaluation and ultimate inclusion in final project. NV5 Proposal No. P63021-0007023.00 Page 4 of 13 g. NV5 will review the parameters and measurement strategies of the M&V plan to determine if they are in line with appropriate measurement and verification protocols and guidelines as defined by the International Performance Measurement & Verification Protocols (IPMVP) for each piece of equipment and/or system, without unnecessarily burdening the project with extra costs. Specifically, NV5 evaluates the performance measurement strategies to ensure that the appropriate level of rigor and accuracy is used to protect the City and fulfill the intent of the contractual requirements. NV5 will evaluate the risk and cost of the performance measurement strategies and detailed project specific M&V plan according to the methodology described in the M&V guidelines. h. NV5 will review the proposed Commissioning Plan submitted by Trane to ensure it meets ESPC industry best practices. A robust and transparent commissioning process is key to the success of any ESPC project. i. NV5 will review Trane’s project cost buildup for accuracy and compliance with industry standards using our experience with 150+ other ESPC projects we have overseen. This includes a thorough analysis of the whole project cost pro forma to ensure reasonableness of subcontractor costs, and proper application of expected and negotiated design, construction management, commissioning, measurement & verification, O&M oversight, and training fees, as well as overhead and markups. j. NV5 will work with the City and Trane to develop the Risk/Responsibility/Performance Matrix which clearly explains all of the main risks associated with the development, implementation, and monitoring of the ESPC, and details who is responsible for mitigating each risk throughout the contract term. k. Discussions and review will also include the key economic and cash flow assumptions being utilized by Trane for the total project, such as contract term, escalation rates, financing rate, payment methods, etc. l. NV5 will submit our comments for the IGA through a Comment/Response/Resolution document, which tracks all comments and questions until they are resolved to the satisfaction of the City and NV5; this later will become an appendix in the ESA to memorialize final agreements reached on issues. m. NV5 will conduct a detailed analysis of the Final IGA report and prepare a list of questions, and clarifications for Trane to address. We will also review the City’s comments and combine them with NV5's to submit to Trane. We will follow-up with Trane until all the questions have been answered to the satisfaction of NV5 and the City. n. Review the Draft Energy Services Agreement (ESA) and assist the City in negotiating and executing the ESA and Financing Agreement. It is important to ensure that the language in the ESA matches the risk presented by the development and implementation of the proposed ECMs. We will also check that the information presented in the IGA gets fully and accurately transferred into the appropriate appendices in the ESA. 3. Timeline a. Depending on the time it takes for Trane to submit the requested information in the format required and how long it takes to resolve IGA and ESA review comments with Trane, the timeframe to complete the Phase 1 Services tasks could range from 21 to 60 days. NV5 is only providing the expressly identified foregoing services and as such NV5 shall not be responsible or liable for any other area or portion of the Project. *End of Option A Services* Option B is to perform comprehensive services. This include the services described in Phase 1 above, but also Phases 2 & 3 as presented below. Comprehensive Owner’s Representative (OR) services are considered best practice in the ESPC industry and our service pays for itself when we are involved throughout the project. A simple, static evaluation of an IGA is rarely sufficient to protect an Owner during a complex ESPC project across many facilities. This is especially true when the Owner is investing millions of dollars and it is expecting millions of dollars in future savings to pay for the project. Phase 2 – Construction Oversight & Close-out Services 1. Construction a. Attend all construction meetings hosted by Trane and/or City staff b. Review all subcontractors c. Review proposed ECM designs and all submittals of equipment for ECMs to ensure efficiency, energy savings and environmental benefits can be realized. d. Provide a system for tracking the resolution of any issues that are identified at such meetings. e. Review and comment on the Trane’s baseline and planned schedule including but not limited to, completeness, accuracy, conformance with the overall project milestones and the terms of the contract. NV5 Proposal No. P63021-0007023.00 Page 5 of 13 f. Provide written reports including photos for each site visit as requested. g. Advise the City of any construction related issues or risks found in the field or determined by the site visit. h. Submit monthly reports to the City about the project, including but not limited to, progress of the work against approved schedules, potential schedule approval and inspections. i. Ensure all invoices are accurate and complete. j. Assist the City in ensuring all required insurance certificates and other contractually required paperwork has been submitted. k. Monitor and report on any incomplete or nonconforming work. 2. Project Close-out a. Assist the City in the preparation of a project punch list. b. Ensure that the Trane has provided all the required contractual close-out documentation such as operation and maintenance manuals, warranties, punch list close out, training, etc. c. Review final requisitions from the Trane. d. Review Trane’s management of all construction closeout requirements with the City. e. Review Trane’s process to ensure that all final funding, incentive and/or reimbursement paperwork have been properly submitted, processed by the applicable grantor and that the City awards have been received. f. Review Trane’s preparation and issuance of a final closeout report including a final reconciliation. g. Compile all project related documentation representing a complete project record, including the as-builts are turned over to the City. Phase 3– Performance Period Services 1. During the first year of the performance period of the ESPC, NV5 will provide technical support to the City, including the following tasks; a. NV5 will review the monitored data during the first month of operation to ensure that all systems are operating as expected and that the necessary M&V parameters are being generated and logged. During the first year of operation, NV5 will review the quarterly performance and/or M&V reports and Trane invoices to the City to ensure that the energy savings persist or if there are issues that they are identified early on for resolution. b. Review of select ECMs of Trane’s M&V Reports – NV5 will conduct a review of non-stipulated savings ECMs of Trane’s M&V Report. We will submit comments to the City and Trane using our standard Comment/Response/Resolution document. We will assist the City in the resolution of the comments to a satisfactory conclusion. c. If needed, NV5 will also make a brief visit to the City office to review comments with the City and to conduct a short inspection of major ECMs to verify the integrity of the information in Trane’s report. d. If significant operational changes occur, such as building renovations, etc., NV5 will assist the City with any baseline adjustments that may be required. e. NV5 will certify acceptance of annual M&V report following review with the City. 2. Handle miscellaneous emails and telephone calls regarding any other issues that may arise during the term of the contract. 3. Perform a review of the M&V reports for Years 1-3 & issue an Executive Summary of our findings. 4. Additional Services to be considered: Perform annual review of M&V reports for years 4-20, as many years as requested, and/or required by statute. Based upon our experience with past projects, we recommend a minimum of 3 years. REIMBURSABLE EXPENSES 1. Travel expenses for staff traveling to the City to include commercial airfare, car rental/ground transportation, hotel accommodations and meals, and are included in the total below. SUMMARY OF PROPOSED FEES Option A - Performance Contract Evaluation Services NV5 is usually involved from the beginning of the ESPC process, and we have a standard pricing methodology for ESPC NV5 Proposal No. P63021-0007023.00 Page 6 of 13 oversight from conception through IGA Finalization & Contract Execution. In those cases, we usually calibrate our fee to between 20-25% of the ESCO’s IGA fee. In this case, since we were not involved in the development of the IGA or any other prior phases of the project, we have de-rated our fee accordingly based on the estimated hours to complete our reviews. Based on your request for a Best and Final Offer (BAFO) price proposal, we have reduced our FIXED FEE for Phase 1 to $48,000. This is a $12,000 (20%) reduction from our original proposal dated November 19th, 2021. Please note that we are offering this not by reducing our scope of services, but by utilizing other, more cost-effective team members for some portions of the work. By doing so, we are able to offer this reduced fee, continue to provide insight by our team of experts, and thereby maintain our standards of service for the City. OPTION A - SERVICES FEES Performance Contract Evaluation Services Phase 1 – IGA & PACT Evaluation & Negotiation A – Initial Evaluation $7,200 B – Detailed Evaluation $40,800 Expenses (We don’t expect to incur any travel expenses in Phase 1) $0 TOTAL $48,000 Payments are due within thirty (30) days of submission of NV5’s statement of services. Option B – Comprehensive Services We have also developed a pricing proposal for comprehensive services. This includes the scope of services offered in Phases 1, but also Phases 2, and 3. This is the best value for the City. The City will be investing over $24 Million in anticipation of realizing nearly $30 Million in savings over the next 20 years. Our expertise and guidance throughout the term of the project will protect your investment and our services can be incorporated into the project cost and paid for by the savings, at no out-of-pocket cost to the City. If you have any questions as to how this can be structured, please don’t hesitate to reach out. SERVICES FEES Comprehensive Services Phase 1 – IGA & PACT Evaluation & Negotiation A – Initial Evaluation Included B – Detailed Evaluation Included Phase 2 – Construction & Project Close-out Services Included Phase 3 – Performance Period Services (Year 1-3) Included Phase 3 – Performance Period Services (Years 4-20) TBD Expenses Included TOTAL 1% of Final Program Construction Cost Payments are due within thirty (30) days of submission of NV5’s invoices. NV5 will submit invoices in accordance with the following schedule: • 20% upon Approval of PACT and Financial Agreement by City. • 60% to be billed in accordance with percent complete of construction. • 20% Upon Completion of Year 1 review of Measurement & Verification Report and Issuance of an Executive Summary of Findings In the event the City does not approve the PACT and Financing Agreement, NV5 shall submit a pro-rated invoice for our services which shall not exceed $36,000. Payment is due within thirty (30) days of submission of invoice. The hours and fees we have estimated are based on us receiving the full amount of information requested, in the format requested, in a timely manner. Otherwise, we reserve the right to adjust our fees accordingly. Payment for work will not be withheld by Client due to the lack of an executed proposal or contract. NV5 shall have the right to withhold any and all NV5 Proposal No. P63021-0007023.00 Page 7 of 13 deliverables until Client is made current on its payments, and shall be entitled to any collection costs and attorney’s fees in connection with any outstanding payment amount Authorization All services will be conducted in accordance with this Proposal and the attached terms and conditions. To initiate services, please complete and return the attached “Proposal Acceptance Agreement” form. Our Proposal will remain valid for acceptance for up to 90-days from the date of this Proposal. Upon which, we reserve the right to modify the Proposal, scope and fees. We appreciate the opportunity to be of service to you. Sincerely, Aldo Mazzaferro PE, CEM, CEA Executive Director of Business Development NV5 Energy Efficiency Services NV5 Proposal No. P63021-0007023.00 Page 8 of 13 STANDARD TERMS AND CONDITIONS 1. J.B.A. Consulting Engineers Inc. dba NV5 (hereinafter “NV5”) will provide services for the Project as defined in the attached proposal. NV5 shall not have any duties or responsibilities for any other part of the Project. The attached proposal and these terms and conditions together shall be referred to as the “Agreement.” 2. NV5 shall not be responsible for the acts or omissions of the Client, Client’s other consultants, Contractor, subcontractors, their agents or employees, or other persons performing any other portion of the Project. 3. NV5 shall recommend to Client that appropriate investigations, surveys, tests, analyses and reports be obtained as necessary for the proper execution of NV5’s services. 4. Additional Services of NV5, not specifically included as part of the Scope of Services defined in the attached proposal, and compensation for requested Additional Services, shall be mutually agreed upon in writing by the Client and NV5 prior to commencement of such Additional Services. 5. NV5 shall perform services in a manner consistent with the level of care and skill ordinarily exercised by members of NV5’s profession currently practicing in the same locality under similar conditions. 6. Consistent with NV5’s standard of care, NV5’s services shall comply to applicable laws, rules, codes, regulations and orders of applicable governmental or public authority having jurisdiction over the Project in force at time of issuance of the Construction Documents for building permit. Furthermore, Client and NV5 are aware that many factors outside NV5’s control may affect NV5’s ability to complete the services to be provided under this Agreement. NV5 will perform these services with reasonable diligence and expediency consistent with sound professional practices. NV5 shall not be responsible for the methods, means or sequencing of any contractors or any construction work related to the Project. 7. Irrespective of any other provision in any Agreement, nothing contained herein shall be construed: a. to constitute a guarantee, warranty or assurance, either express or implied, that NV5’s services will yield or accomplish a perfect outcome for the Project; or b. to obligate NV5 to exercise professional skill or judgment greater than that which can reasonably be expected from other consultants under similar conditions; or c. as an assumption by NV5 of the liability of any other party. 8. On NV5’s request, if reasonably necessary for the performance of NV5’s services, the Client shall furnish services of other consultants, information, surveys and reports required by law or the Construction Documents. The services, information, surveys, and reports requested shall be furnished at no expense to NV5 and NV5 shall be entitled to rely upon the accuracy and completeness thereof. 9. NV5 shall procure and maintain the following insurance on this Project: (1) Worker’s Compensation at statutory limits: (2) Commercial General Liability at $1M each occurrence / $1M general aggregate; (3) Excess or Umbrella Liability at $1M each occurrence and $2M general aggregate; (4) Professional Liability at $500,000 each claim and $500,000 annual aggregate. NV5 shall deliver to Client a certificate of insurance (ACORD form) evidencing this coverage. NV5 Proposal No. P63021-0007023.00 Page 9 of 13 10. Instruments of Service a. Drawings, specifications, and other documents, including those in electronic form, prepared by NV5 are Instruments of Service for use solely with respect to this Project. NV5 shall be deemed the author and owner of NV5’s Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights. b. Upon execution of this Agreement NV5 grants to Client a nonexclusive license to reproduce NV5’s Instruments of Service for purposes of designing, administering, using and maintaining the Project, providing the Client shall comply with all obligations, including prompt payment of all sums when due, under this Agreement. Such license shall permit the Client to include NV5’s Instruments of Service in a similar nonexclusive license to an Owner in a Prime Agreement, authorizing an Owner or an Owner’s contractors or consultants to reproduce applicable portions of NV5’s Instruments of Service solely for the purposes of constructing, using and maintaining this Project. Any termination of this Agreement prior to completion of the Project shall terminate this license. c. Except for the license granted above, no other license or right shall be deemed granted or implied. Client shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of NV5. d. Client shall not use the Instruments of Service for future additions or alterations to this Project or for other projects, unless Client obtains the prior written agreement of NV5. Any unauthorized use, reuse or modifications of the Instruments of Service shall be at the Client’s sole risk and without liability to NV5, and Client agrees to defend, indemnify and hold harmless NV5 from all claims and damages arising out of or purported to arise out of the use, reuse, or modification of the Instruments of Service. 11. Waiver of Consequential Damages - Neither NV5 nor the Client, their respective officers, directors, partners, employees, contractors or subconsultants shall be liable to the other for, or shall make any claim for any incidental, indirect or consequential damages arising out of or connected in any way to the Project or to this Agreement. This mutual waiver of consequential damages shall include, but is not limited to, loss of use, loss of profit, loss of business, loss of income, damage to reputation or any other consequential damages either party may have incurred from any cause of action including negligence, strict liability, breach of contract and breach of strict or implied warranty. 12. Sole Corporate Remedy - It is intended by the parties to this Agreement that NV5’s services in connection with the Project shall not subject NV5’s individual shareholders, officers, directors, members, managers or employees to any personal legal exposure for the risks associated with this Project. Therefore, and notwithstanding anything to the contrary contained herein, the Client agrees that as the Client’s sole and exclusive remedy, any claim, demand or suit shall be directed and/or asserted only against NV5 and not against any of the individual shareholders, officers, directors, members, managers or employees. 13. Limitation of Liability - In recognition of the relative risks and benefits of the Project to both the Client and NV5 relating to NV5’s provision of services in accordance with this Agreement, the risks have been allocated such that the Client agrees, to the fullest extent permitted by law, to limit the liability of NV5 for any and all claims, losses, costs, damage of any nature whatsoever or claims expenses from any cause or causes, including attorneys’ fees and costs and expert witness fees and costs, regardless of theories of liability or causes of action, so that the total aggregate liability of NV5 to the Client shall not exceed the sum of $50,000 or NV5’s fee for the Project, whichever is less. 14. Payment – NV5 shall invoice Client monthly for services rendered and for Reimbursable Expenses, and Client shall make payment within thirty (30) days of submission of respective invoice(s). No deductions shall be made from NV5’s compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which NV5 has been adjudged to be liable. Client agrees that NV5 shall be entitled to reasonable attorney’s fees and costs of collection in addition to any unpaid amounts due and owing to NV5 under this Agreement. 15. Termination - This Agreement may be terminated by the Client upon not less than seven (7) days’ written notice to NV5 for the Client’s convenience and without cause. This Agreement may be terminated by either party upon not NV5 Proposal No. P63021-0007023.00 Page 10 of 13 less than seven (7) days’ written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. In addition, if the Client fails to make payments when due or otherwise is in breach of this Agreement, NV5 may, at its option, terminate this Agreement for material breach or suspend performance of services upon five (5) calendar days’ notice to the Client. NV5 shall have no liability whatsoever to the Client for any costs or damages as a result of such suspension caused by any breach of this Agreement by the Client. Upon payment in full by the Client under a suspension, NV5 shall resume services under this Agreement, and the time schedule and compensation shall be equitably adjusted to compensate for the period of suspension. If the Client still fails to make payment or otherwise cure the breach following a suspension of services, NV5 may terminate this Agreement upon an additional seven (7) days' notice. 16. The Client shall not transfer, subject, or assign the rights under or interest in this Agreement (including but not limited to payments that are due or that may be due) to any other party without the prior written consent of NV5. 17. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Client or NV5. 18. NV5 shall have the right to include photographic or artistic representations of the Project among NV5’s promotional and professional materials, including but not limited to its website and tradeshow booths. NV5 shall be given reasonable access to the completed Project to make such representations. NV5’s materials shall not include the Client’s or Owner’s confidential or proprietary information if the Client has previously advised NV5 in writing of the specific information considered by the Client or Owner to be confidential or proprietary. 19. Dispute Resolution - The parties agree to first try in good faith to settle any dispute arising out of or related to this Agreement by mediation pursuant to the Construction Industry Mediation Rules of the American Arbitration Association. If the claim or controversy is not settled by mediation, the claim or controversy may be resolved by final and binding arbitration, if the parties so agree, or by civil litigation. 20. This Agreement shall be venued in Hartford County, CT and otherwise governed by the law of the State of Connecticut. 21. This Agreement represents the entire and integrated agreement between Client and NV5 and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended or modified only by written instrument signed by both Client and NV5. If any term, condition, or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall be valid and binding on Client and NV5. 22. By executing this Agreement both parties acknowledge and agree that this Agreement has been freely negotiated by both parties, and that, in any dispute over the meaning, interpretation, validity or enforceability of this Agreement or any of its terms or conditions, there shall be no presumption whatsoever against either party by virtue of that party having drafted this Agreement or any portion thereof. NV5 Proposal No. P63021-0007023.00 Page 11 of 13 2021 HOURLY RATE SCHEDULE - Effective January 1, 2021 Vice President $300.00 Sr. Engr/Exec. Dir $289.00 Project Facilitator $289.00 Senior Project Manager $250.00 Director $230.00 Project Manager $215.00 Senior Energy Engineer $180.00 Energy Engineer $150.00 Administrative $ 89.00 ** The above rates are applicable to the 2021 calendar year. Rates may be adjusted for escalation beyond 2021. OFFICES NATIONWIDE CONSTRUCTION QUALITY ASSURANCE • INFRASTRUCTURE ENGINEERING • ENERGY SERVICES • PROGRAM MANAGEMENT • ENVIRONMENTAL SERVICES PROPOSAL ACCEPTANCE AGREEMENT Description of Services: Performance Contract Evaluation Services (OPTION A) Project Name:City of Augusta, GA - ESPC Project Location:Augusta, GA Proposal No.:P63020-0007023.00 Proposal Date:November 30, 2021 APPROVAL & PAYMENT OF CHARGES Invoices will be charged and mailed to the account of: Client: Attention: Address: Email: Telephone: Fax: PROPOSAL ACCEPTED BY: AUTHORIZED SIGNATURE: NAME & TITLE: DATE ACCEPTED: PAYMENT TERMS: Payments are due within thirty (30) days of submission of NV5’s statement of services. Please remit payments to: P.O. Box 74008680, Chicago, IL 60674-8680 PROPERTY OWNER IDENTIFICATION (If other than above) Name: Address: Telephone: Fax: This Proposal Acceptance Agreement, the Scope of Services outlined in the proposal, Schedule of Fees, and Standard Terms and Conditions constitute the entire agreement between the Client and NV5 and supersede all prior written or oral understandings. PROPOSAL ACCEPTANCE AGREEMENT Description of Services: Performance Contract Evaluation Services (OPTION B) Project Name: City of Augusta, GA - ESPC Project Location: Augusta, GA Proposal No.: P63020-0007023.00 Proposal Date: November 30, 2021 APPROVAL & PAYMENT OF CHARGES Invoices will be charged and mailed to the account of: Client: Attention: Address: Email: Telephone: Fax: PROPOSAL ACCEPTED BY: AUTHORIZED SIGNATURE: NAME & TITLE: DATE ACCEPTED: PAYMENT TERMS: Payments are due within thirty (30) days of submission of NV5’s invoices in accordance with the schedule presented above. Please remit payments to: P.O. Box 74008680, Chicago, IL 60674-8680 PROPERTY OWNER IDENTIFICATION (If other than above) Name: Address: Telephone: Fax: This Proposal Acceptance Agreement, the Scope of Services outlined in the proposal, Schedule of Fees, and Standard Terms and Conditions constitute the entire agreement between the Client and NV5 and supersede all prior written or oral understandings. Request for Qualifications Request for Qualifications will be received at this office until Wednesday, November 3, 2021 @ 11:00 a.m. via ZOOM Meeting ID: 842 2142 2757 Passcode: 613569 for furnishing: RFQ #21-249 Professional Services Performance Contract Evaluation Solution for Augusta, GA – Central Services Department RFQs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 RFQ documents may be viewed on the Augusta Georgia web site under the Procurement Department ARCbid. RFQ documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. 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, October 26, 2021, @ 5:00 P.M. No RFQ will be accepted by fax or email, all must be received by mail or hand delivered. No RFQ may be withdrawn for a period of ninety (90) days after qualifications have been opened, pending the execution of contract with the successful vendor. Request for qualifications (RFQ) and specifications. An RFQ shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the request for qualification including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waivable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark RFQ number on the outside of the envelope. GEORGIA E-Verify and Public Contracts: The Georgia E-Verify law requires contractors and all sub-contractors on Georgia public contract (contracts with a government agency) for the physical performance of services over $2,499 in value to enroll in E-Verify, regardless of the number of employees. They may be exempt from this requirement if they have no employees and do not plan to hire employees for the purpose of completing any part of the public contract. Certain professions are also exempt. All requests for proposals issued by a city must include the contractor affidavit as part of the requirement for their bid to be considered. Proponents are cautioned that acquisition of RFQ documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RFQ documents from unauthorized sources places the proponent at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov GERI A. SAMS, Procurement Director Publish: Augusta Chronicle October 14, 21, 25, 2021 Metro Courier October 14, 2021 OFFICIAL VENDORS Attachment "B" E-Verify # SAVE Form Original 7 Copies 2KB ENERGY SERVICES 1389 PEACHTREE ST NE, SUITE 129 ATLANTA, GA 30309 Yes 1148896 Yes Yes Yes J.B.A. CONSULTING ENGINEERS, INC. DBA NV5 CONSULTANTS 200 SOUTH PARK ROAD, SUITE 350 HOLLYWOOD, FL 33021 Yes 455751 Yes Yes Yes RFQ Opening - RFQ #21-249 Professional Services Performance Contract Evaluation Solution for Augusta, GA – Central Services Department Date: Wednesday, November 3, 2021 @ 11:00 a.m. Total Number Specifications Mailed Out: 38 Total Number Specifications Download (Demandstar): 7 Total Electronic Notifications (Demandstar): 71 Georgia Procurement Registry: 1109 Total packages submitted: 2 Total Noncompliant: 0 Page 1 of 1 2KB ENERGY SERVICES 1389 PEACHTREE ST NE, SUITE 129 ATLANTA, GA 30309 J.B.A. CONSULTING ENGINEERS, INC. DBA NV5 CONSULTANTS 200 SOUTH PARK ROAD, SUITE 350 HOLLYWOOD, FL 33021 2KB ENERGY SERVICES 1389 PEACHTREE ST NE, SUITE 129 ATLANTA, GA 30309 J.B.A. CONSULTING ENGINEERS, INC. DBA NV5 CONSULTANTS 200 SOUTH PARK ROAD, SUITE 350 HOLLYWOOD, FL 33021 Ranking of 0-5 (Enter a Ranking of 0-5 (Enter a Ranking of 0-5 (Enter a Ranking of 0-5 (Enter a Evaluation Criteria Ranking Points Scale 0 (Low) to 5 (High) Scale 0 (Low) to 5 (High) Scale 0 (Low) to 5 (High) Scale 0 (Low) to 5 (High) 1. Completeness of Response • Package submitted by the deadline • Package is complete (includes requested information as required per this solicitation) • Attachment B is complete, signed and notarized N/A Pass/Fail PASS PASS PASS PASS 2. Qualifications & Experience (0-5)25 4.5 5.0 112.5 125.0 3. Organization & Approach Include (0-5)25 3.3 4.9 81.3 121.9 4. Scope of Services The vendor shall review the specifications, terms, conditions, and all exhibits of the proposed Performance Contract with respect to the owner’s best interests. Firm is to include specific details on the following criteria: a. The firm, organization, or company(ies) must be familiar with the details and methodology used to develop energy conservation-based performance contracts. b. The principal assigned to the project by the submitting firm shall have demonstrated experience in at least three (3) projects similar in size and scope to the proposed work. (0-5)25 2.8 5.0 68.8 125.0 5. Referenceds (0-5)5 3.3 3.8 16.3 18.8 6. Financial Stability (0-5)5 3.9 5.0 19.4 25.0 Within Richmond County 5 10 0 0 Within CSRA 5 6 0 0 Within Georgia 5 4 5 20 0 Within SE United States (includes AL, TN, NC, SC, FL) 5 2 5 0 10 • All Others 5 1 0 0 22.6 28.6 318.1 425.6 8. Presentation by Team (0-5)5 0 0 9. Q&A Response to Panel Questions (0-5)5 0 0 Total Phase 2 - (Total Maximum Ranking 10 - Maximum Weighted Total Possible 50) 0 0 0 0 22.6 28.6 318.1 425.6 RFQ Evaluation Sheet RFQ #21-249 Professional Services Performance Contract Evaluation Solution for Augusta, GA – Central Services Department RFQ Evaluation Meeting: Thursday, November 18, 2021 @ 9:00 a.m. Total (Total Possible Score 500) Total (May not Receive Less Than a 3 Ranking in Any Category to be Considered for Award) Vendors Phase 1 Total - (Total Maximum Ranking 30 - Maximum Weighted Total Possible 475) Phase 1 7. Proximity to Area (only choose 1 line according to location of the company - enter the ranking value for the one line only) Procurement DepartmentRepresentative:____Nancy Williams ________________________________________ Procurement Department Completion Date: __11/18/21__________________________ Phase 2 (Option - Numbers 8-9 (Vendors May Not Receive Less Than a 3 Ranking in Any Category to be Considered for Award) Internal Use Only Total Cumulative Score (Maximum point is 525) Evaluator: _______Cumulative ________________________ Date: ________11/18/21____________________ TO: FROM: DATE: SUBJECT: Z ?":l:l*"*m:es Department A 2700 peach Orchard Road, Augusta GA 30906 Q06) 828-7174 phone ff06)796_5077 Fax MEMORANDUM(- ) - ff"ms, Director, Procurement Department <, Takiyah A. Douse, Director, Central Services Department November 3012021 RFQ #21-249 Professional services performance contract Evaluation Solution Recommendation of Award Two vendors submitted compliant Statements of Qualifications for the referenced project onNovember 2,2021. The information presented by each firm was carefully reviewea Uy tt"Evaluation Committee on November 18, 2o2l.This qualifications-based assessment resulted inJ-'B'.A' Consulting Engineers, Inc dba NV5 Consultanis of Hollywood, Florida being selected asthe best qualified firm for this project. on November 29,2021 the Evaluation Committee met with representatives of the selectedvendor to discuss contract terms, which details phases, services, length of time and associatedpayments. After receiving the vendor's best and final proposal, we i. in agreement and wouldlike to move forward. The Central Services Deparhnent recommends award of the contract to NV5 Consultants. Thank you for your assistance in this matter. Please do not hesitate to contact me with anyquestions. TD/nd LaQuona Sanderson 1 FYI: Process Regarding Request for Proposals Sec. 1-10-51. Request for proposals. Request for proposals shall be handled in the same manner as the bid process as described above for solicitation and awarding of contracts for goods or services with the following exceptions: (a) Only the names of the vendors making offers shall be disclosed at the proposal opening. (b) Content of the proposals submitted by competing persons shall not be disclosed during the process of the negotiations. (c) Proposals shall be open for public inspection only after the award is made. (d) Proprietary or confidential information, marked as such in each proposal, shall not be disclosed without the written consent of the offeror. (e) Discussions may be conducted with responsible persons submitting a proposal determined to have a reasonable chance of being selected for the award. These discussions may be held for the purpose of clarification to assure a full understanding of the solicitation requirement and responsiveness thereto. (f) Revisions may be permitted after submissions and prior to award for the purpose of obtaining the best and final offers. (g) In conducting discussions with the persons submitting the proposals, there shall be no disclosure of any information derived from the other persons submitting proposals. Sec. 1-10-52. Sealed proposals. (a) Conditions for use. In accordance with O.C.G.A. § 36-91-21(c)(1)(C), the competitive sealed proposals method may be utilized when it is determined in writing to be the most advantageous to Augusta, Georgia, taking into consideration the evaluation factors set forth in the request for proposals. The evaluation factors in the request for proposals shall be the basis on which the award decision is made when the sealed proposal method is used. Augusta, Georgia is not restricted from using alternative procurement methods for 2 obtaining the best value on any procurement, such as Construction Management at Risk, Design/Build, etc. (b) Request for proposals. Competitive sealed proposals shall be solicited through a request for proposals (RFP). (c) Public notice. Adequate public notice of the request for proposals shall be given in the same manner as provided in section 1-10- 50(c)(Public Notice and Bidder's List); provided the normal period of time between notice and receipt of proposals minimally shall be fifteen (15) calendar days. (d) Pre-proposal conference. A pre-proposal conference may be scheduled at least five (5) days prior to the date set for receipt of proposals, and notice shall be handled in a manner similar to section 1-10-50(c)-Public Notice and Bidder's List. No information provided at such pre-proposal conference shall be binding upon Augusta, Georgia unless provided in writing to all offerors. (e) Receipt of proposals. Proposals will be received at the time and place designated in the request for proposals, complete with bidder qualification and technical information. No late proposals shall be accepted. Price information shall be separated from the proposal in a sealed envelope and opened only after the proposals have been reviewed and ranked. The names of the offerors will be identified at the proposal acceptance; however, no proposal will be handled so as to permit disclosure of the detailed contents of the response until after award of contract. A record of all responses shall be prepared and maintained for the files and audit purposes. (f) Public inspection. The responses will be open for public inspection only after contract award. Proprietary or confidential information marked as such in each proposal will not be disclosed without written consent of the offeror. (g) Evaluation and selection. The request for proposals shall state the relative importance of price and other evaluation factors that will be used in the context of proposal evaluation and contract award. (Pricing proposals will not be opened until the proposals have been reviewed and ranked). Such evaluation factors may include, but not be limited to: (1) The ability, capacity, and skill of the offeror to perform the contract or 3 provide the services required; (2) The capability of the offeror to perform the contract or provide the service promptly or within the time specified, without delay or interference; (3) The character, integrity, reputation, judgment, experience, and efficiency of the offeror; (4) The quality of performance on previous contracts; (5) The previous and existing compliance by the offeror with laws and ordinances relating to the contract or services; (6) The sufficiency of the financial resources of the offeror relating to his ability to perform the contract; (7) The quality, availability, and adaptability of the supplies or services to the particular use required; and (8) Price. (h) Selection committee. A selection committee, minimally consisting of representatives of the procurement office, the using agency, and the Administrator's office or his designee shall convene for the purpose of evaluating the proposals. (i) Preliminary negotiations. Discussions with the offerors and technical revisions to the proposals may occur. Discussions may be conducted with the responsible offerors who submit proposals for the purpose of clarification and to assure full understanding of, and conformance to, the solicitation requirements. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussions and revision of proposals and such revisions may be permitted after submission and prior to award for the purpose of obtaining best and final offers. In conducting discussions, there shall be no disclosure of information derived from proposals submitted by competing offerors. (j) From the date proposals are received by the Procurement Director through the date of contract award, no offeror shall make any substitutions, deletions, 4 additions or other changes in the configuration or structure of the offeror’s teams or members of the offeror’s team. (k) Final negotiations and letting the contract. The Committee shall rank the technical proposals, open and consider the pricing proposals submitted by each offeror. Award shall be made or recommended for award through the Augusta, Georgia Administrator, to the most responsible and responsive offeror whose proposal is determined to be the most advantageous to Augusta, Georgia, taking into consideration price and the evaluation factors set forth in the request for proposals. No other factors or criteria shall be used in the evaluation. The contract file shall contain a written report of the basis on which the award is made/recommended. The contract shall be awarded or let in accordance with the procedures set forth in this Section and the other applicable sections of this chapter. Commission Meeting Agenda 12/7/2021 2:00 PM Charles B Webster Detention Center Improvements Department:Central Services - Facilities Department:Central Services - Facilities Caption:Receive as information only the emergency replacements needed to the Charles B. Webster Detention Center totaling $1,133,558.07. Background:On April 20, 2021 the Commission tasked the Administrator with addressing the infrastructure needs at the Charles B. Webster Detention Center. The final determination is below: a. $391,015; SPLOST 4 Security control upgrades – Wilo Products Company b. $164,603.59 ;SPLOST 4Security camera upgrades - Light Speed Data Links c. $369,900; SPLOST 4 and 7 Lock replacements – Wilo Products Company d. $133,600; CSD Capital Shower upgrades (F&G Pods) – Tri – Solutions Inc. e. $49,489.48; CSD Capital Kitchen Floor replacement – Quintech Solutions f. $24,950; SPLOST 7 Roof Repairs – Hixon Roofing Analysis:Start date December 6th for shower floors, lock/security replacements and security controls. Roof repairs and kitchen floor replacement have been completed. Financial Impact:$1,133,558.07 from various sources to include SPLOST Alternatives:1. Receive as information 2. Do not receive as information Cover Memo Recommendation:Receive as information only the emergency replacements needed to the Charles B. Webster Detention Center totaling $1,133,558.07 Funds are Available in the Following Accounts: $1,133,558.07 from various sources to include SPLOST REVIEWED AND APPROVED BY: Cover Memo t!h0 FH? ta,zFlz 2 F oo o, (/)(D ?o(Do tatru FIz talzFl zc2-E! FJ F (h Foarl Utrl 7Hz F'zrl FT t IUItnlr. rnF H? lrltl oz lrloFI FO -loFrl Fd Ctso alrjoFUlnF la IElrts IFU IE IH -loFl rr EO NN N)NJ \o 6 {o$Jr s (,]$o \o oo {o\Ut 5 (,t9 -lfr,? z $ t^J ss)l I H f.)q I R. l.J 4s ^) $ F s g a 3 {9 U rt !s J3.\L $ 3 ,; c {) ?. { t rt'\ 5 l.IJn [N Nr. P -fDA+\lI p , $ 4 cll B:- -o lt lgrIF a)'2 a B 3ylg ,dc oF ;[SC a A.A TN D *llt (Drt oqt! a v6 E'o(D o()o o D o a o'Ft oIEoo- ICIE' loaiA'o IJ0a ooooHo ooO) (D' !) o.o(Doti U) ao U1ar-toIEoo. tvtotEl to,to(D oaoo o D) o (, 6'.>.t Fd + a. tattloaI r-lto,trt5l(,a oooo o ooA)o' A'q aootI 0 ao o ho'itr"l I6or lr,v)oF :d H z p :ll! EI \ 2F 2 C2-EE4 at!,!, o (,\o o Uro ea \o 5l..Jbo e) {{s o g) "\o 6+oo ea ooo 56 t>o Q r.urt .)(D A' o ootq N oIuv I o { ot ootoa Co dA' I 2 EE 99 \o 5}.Jbo ea { \)5 ea Ur\ooo5b ?e oo 56o Flo ts :Url .,(D (9x-NUlA FI Fgi(to z ? Flo D rt ar! 5n :U .l(D z ? Ee H E E t.)o E E l! a 'ugS>AFI'roP irraa=2Ad> Eo;o2'i.t Eoi tr, Fa F talo a Fl oz Y SHERIFF'S OFFICESheriff nichard noundtreelaw Enforcement Center 400WaltonWav Augusta, Ce fOiOlPhone: 706.eZi.tOOit Fax: 706.821.1064 June 3Q 2021 Ms. GeriSams Procurement Department Augusta, GA 30901 Dear Ms. Sams: The Richmond county sheriffs office has provided the requisition from willo productscompany lncorporated. The electronic safety and security systems within the charles B.webster Detention center have begun to malfunction and are in desperate need of anupgrade' There are door controls, intercoms, and lights that are not working throughout thefacility placing inmates and employees in a dangerous situation. They wilt be providing anintegrated system which integrated the functions of the door controls, intercoms, andlighting control systems into a touch screen station system allowing for direct selection ofall systems and operations from the applicable unit. The sheriffs office is requesting thisorder as an emergency order because of the safety and security of the inmates and theemployees. lf you have any questions, please contact me. Sincerely, l/ru*uA*"-- Captain William Reeves Richmond County Sheriffs Office RICHMOND COUNTY SHERIFF'S OFFICE Sheriff Richard Roundtree Law Enforcement Center,l00WaltonWay Augusta, GA 30901 Phone: 706.821.1000 Fax: 706.821.1054 June 30, 2021 Ms. GeriSams Procurement Department Augusta, GA 30901 Dear Ms. Sams: The Richmond County Sheriff's Office has provided the requisition from Willo Products Company lncorporated. The electronic safety and security systems within the Charles B. Webster Detention Center have begun to malfunction and are in desperate need of an upgrade. There are door controls, intercoms, and lights that are not working throughout the facility placing inmates and employees in a dangerous situation. They will be providing an integrated system which integrated the functions of the door controls, intercoms, and lighting control systems into a touch screen station system alloyving for direct selection of all systems and operations from the applicable unit. The Sheriffs Office is requesting this order as an emergency order because of the safety and security of the inmates and the employees. lf you have any questions, please contact me. Sincerely, Captain William Reeves Richmond County Sheriffs Office srNcE 1945 illo ProductsV7 Compony lnc. Detention Equipment, Systems & Controls PROJECT PROPOSAL 6lt7t202t Charles Webster Detention Center 1941 Phinizy Road Augusta, GA Ref: Securitv Control upgrade for'6F" Pod. Peter Ciccio, In accordance with your request for a quote, we offer the following proposal as outlined in the Scope of Work. Scope of Work We are pleased to provide proposal for the renovation of the electronic safety and security systems requested. We use all non-proprietary equipment. The following is a descriptive outline of each system contained within our scope. We will be providing an integrated system which integrates the functions of the door controls, intercom, and lighting control systems into a touch screen station syston allowing for direct selection of all systerns and operations from the applicable unit. We Propose to Furnish and Install the Followine: o I (each) PC as manufactured by Dell, fully loaded to our specifications and programmedo I (each) ELO 24 LCD Touch Monitorso I (each) Licensed copy of the latest version of Wonderware software. I (each) Touch Screen Control station includes a secondary "Ghosted" hard drive for quick system restoration in the event of a hard drive failureo I (each) Backup UPS in the vent of failure of system power. Backup time is provided for 7 minutes to allow facility emergency generator to come on lineo Controls all doors, intercoms, telephones, receptables, and lights for the associated areas.o I (each) Spare TS for the facility with24" ELO We Propose to Furnish and Install the Followins at Central Control: o 1 (each) PC as manufactured by Dell, fully loaded to our specifications, and programmedo 1 (each) ELO 32" Touch Monitoro I (each) Licensed copy of the latest version of Wonderware softwareo Touch screen control statin includes a secondary "Ghosted" hard drive for quick system restoration in the vent of a hard drive failure 714 Willo Industrial Dr. SE o Decatur, Alabama 35601 o 2561353-7161 Fax: 2561350-8436 H :\pre_sale\reno_sls\Augusta, GA\REVcontrols.docx a o PROJECT PROPOSAL Page: 2 of 6 I (each) Backup UPS in the event of failure of system power. Backup time is provided for 7 minutes to allow facility emergency generator to come on-line Programmed with the building Maps and controls associated with central control of Building F 1 (each) Harding VOLP Touch Screen Master Module with mic Head End Equipment:o Price includes the complete removal of the existing control system andreplacement with all commercially available PLC equipment as manufactured by omrono All control equipment will be non-proprietary and commercially available from numerous wholesale distribution outletso PLC and all associated relays and terminals will be assernbled on a new panel to be mounted in the existing cabinetso Panels will be assembled with new relays and terminals. Each device will have all of terminals grouped together and labeled accordingly including the device number, PLC VO addressing, lock power supply designation and PLC logic power supply designationo All labeling will be reverse screened on a clear mylar overlay and adhered to the panel so as to make labeling permanent o 1 (each) PLC Location. The PLC will be stand alone, for each buildingo I (each) back up UPS in the event of failure of system power. Backup time is provided for 7 minutes to all ow facility emergency generator to come on-line (Door power is not included) Intercom & Paging Equipment:o Price includes the complete removal of the existing system and replacement with all commercially available intercom equipment system from Hardingo All existing intercoms stations will rernain and be reusedo All existing speakers will be removed and replacedo Existing intercom equipment floor rack will be re-usedo I (each) intercom master station integrated into the touch screen control stationo I (each) Harding VOLP touch screen Master module with mico 1 (each) Backup UPS in the event of failure of system power. Back-up time is provided for 7 minutes to allow facility emergency generator to come on line. (Door power is not included) Miscellaneous Headend:o All wiring from the head end to the doors will rernain and be re-usedo All wiring from the head end to the intercom stations and speakers will remain and be re- usedo All wiring and intercommunications cabling from the head end equipment cabinet to the touch screen location will be provided and utilizing existing pathway Existing Device Counts:o 82 (each) controlled swing doorso 07 (each) Controlled Sliding Doorso 04 (each) Monitored only Doorso 40 (each) lighting and receptacle utility controlo 90 (each) Intercom station controlso l7 (each) Paging speaker controlso 13 (each) paging zones * a * a PROJECT PROPOSAL Page: 3 of 6 Additional Inclusions:o Engineering documents for installation, operation, and maintenanceo Project managemento A complete installation for systern listedo Field measurements and verificationso Owner hainingo Testingo Testin$ of existing equipment operations. Survey will be completed and turned over to owner for working/non-working equipment. Owner will be responsible for replacing equipment found to be defective.. Spare parts included in proposalo Replacement of speakerso Turnover existing equipment for disposal by owner Exclusions:. Any modification to case work, millwork and laminated counter /desktopso Finish paintingo Electrical work. This proposal is based and predicated on the use of existing 120 VAC power circuit being sufficient for new system being installedo Labor rates for any prevailing wage requirernentso Interface to video systemo Conduit and raceway systemo Taxo Bond, Bonding can be added at l-l/2 percent of proposal Pricins: To perform Scooe of work as outlined above for "F" POD. we ouote: $180.148.00, (one hundred eighty thousand, one hundred forty-eighQ TAXES NOT INCLUDED Alternate I - Replace Intercom stations (add) $15.984.00 PROJECT PROPOSAL Page: 4 of 6 6lt7/202t Charles Webster Detention Center l94l Phinizy Road Augusta, GA Ref: Securitv Control upgrade for,,G,, Pod. Peter Ciccio, In accordance with your request for a quote, we offer the following proposal as outlined in the Scope of Work. Scope of Work We are pleased to provide this proposal for the renovation of the electonic safety and security systems requested. We use all non-proprietary equipment. The following is a descriptive outline of each system contained within our scope. We will be providing an integrated system which integrates the functions of the door controls, intercom, and lighting control systems into a touch screen station system allowing for direct selection of all systerns and operations from the applicable unit. We Propose to Furnish and Install the Followins: o I (each) PC as manufactured by Dell, fully loaded to our specifications and programmedo I (each) ELO 24" LCD Touch Monitorso I (each) Licensed copy of the latest version of wonderware softwareo I (each) Touch Screen Control station includes a secondary "Ghosted" hard drive for quick systern restoration in the event of a hard drive failureo I (each) Backup UPS in the vent of failure of system power. Backup time is provided for 7 minutes to allow facility emergency generator to come on lineo Controls all doors, intercoms, telephones, receptables, and lights for the associated areas. we Propose to Furnish and Install the Followins at central control: o I (each) upgrade the control station provided in "F" building renovation with the building Maps and control associated with central control of Building G l. Ilead End Equipment:o Price includes the complete removal of the existing control systern and replacement with all commercially available PLC equipment as manufactured by Omrono All control equipment will be non-proprietary and commercially available from numerous wholesale distribution outletso PLC and all associated relays and terminals will be assembled on a new panel to be mounted in the existing cabinets PROJECT PROPOSAL Page: 5 of 6 o Panels will be assembled with new relays and terminals. Each device will have all of terminals grouped together and labeled accordingly including the device number, pLC I/O addressing, lock power supply designation and PLC logic power supply designationo All labeling will be reverse screened on a clear mylar overlay and adhered to the panel so as to make labeling permanento I (each) PLC Location. The PLC will be stand alone, for each buildingo I (each) back up UPS in the event of failure of system power. Backup time is provided for 7 minutes to all ow facility emergency generator to come on-line (Door power is not included) * Intercom & Paging Equipment: o Price includes the complete removal of the existing system and replacement with all commercially available intercom equipment system from Hardingo All existing intercoms stations will be reusedo All existing speakers will be rernoved and replacedo Existing intercom equipment floor rack will be re-usedo I (each) intercom master station integrated into the touch screen control stationo I (each) Harding VOLP touch screen Master module with mico I (each) Backup UPS in the event of failure of system power. Back-up time is provided for 7 minutes to allow facility emergency generator to come on line. @oor power is not included) * MiscellaneousHeadend: o All wiring from the head end to the doors will remain and be re-usedo All wiring from the head end to the intercom stations and speakers will remain and be re- used o All wiring and intercommunications cabling from the head end equipment cabinet to the touch screen location will be provided and utilizing existing pathway* Existing Device counts:o 105 (each) conholled swing doorso l0 (each) Controlled Sliding Doorso 12 (each) Monitored only Doorso 40 (each) lighting and receptacle utility controlo 02 (each) Duress controls o 109 (each) Intercom station controlso 39 (each) Paging speaker controlso l3 (each) paging zones Additional Inclusions:o Engineering documents for installation, operation, and maintenanceo Project managemento I complete installation for systern listedo Field measurements and verificationso Owner trainingo Testing PROJECT PROPOSAL Page: 6 of 6 o Testing of existing equipment operations. Survey will be completed and turned over to owner for working/non-working equipment. Owner will be responsible for replacing equipment found to be defective.I Spare parts included in proposalo Replacement of speakerso Turnover existing equipment for disposal by owner Exclusions:. Any modification to case work, millwork and laminated counter /desktopso Finish paintingo Electrical work. This proposal is based and predicated on the use of existing 120 VAC power circuit being sufficient for new system being installedo Labor rates for any prevailing wage requirementso Interface to video systemo Conduit and raceway systemo Taxo Bond, Bonding can be added at l-ll2 percent of proposal Pricins: To perform Scope of work as outlined above for "G" POD. we quote: $175.741.00, (one hundred seventy-five thousand, seven hundred forty-one) TAXES NOT INCLUDED Alternate I - Replace lntercom stations (adil $19.142.00 We quote net 30 days, no retainage allowed. A current tax-exempt certificate must be furnished to our Accounting Deparfrnent if the project is to be tax exempt. Our price is good for 30 days from the date of this letter. Thank you for considering our Proposal. Please let us know if you would like to begin this work. Very truly yours, Ryan Childers Sales, Estimating 256.353.7161 x^223 256.580.0166 Uttlrd n,1zrtE'zF.l z z=F og{A];o ?oo0 Ut!ru FHzrtItlzaz 7t EE ta, F t.J{N)o o\tJ (nI u) N)o ln- lnF "l =rd FrlFo Flrloln Ho+1 E Fo arn FUlrjF a zoo IJr Forn(, ! -t F EO U N)(+)N)t\)N)N)\o oo \t o\L'T 5 (,)NJ -lrn? zo \o m {o$/r 5 u)N) :t FI (Dr.t ,Q(D a FUtoo() z O)5A'Iao o rnoo oF) o00IA:o.tao tD o EU Uo 7lo (D5 Tl oa laF(Dd D'o o ID o EU Uof o o ta,aoF Erl oz ce E Ea \ iJca F 2e? F E2 aFte a 56 (,55€ g1 t$6 o ga No{ a g4 UJ(, o\5b6 Ert .)(! A'Boo o o \ oI{t,oIx5{x c oo c,o a_ ga N) @oI o gr N) { Ao ea (,)J' a5A6 :lo E hgrl(i(D oi,o t - Eia(D Ho lg :Urt 6(D :U .)(! z D - Flo ts rurl aID I - oe 'E3EP6F AH2;\)z >v =2>-trt ,rEI\>dFl ta,'o Fo Fla,a o Fl oz lntEl LO aD i oz vE'o a)tl oz rl F{ at\) t.) rg Fo a) ta,oFUF'Fz r- EEtr, F rueFo (a lrtoFUtrlFg Fl trl (giurNTEcH lsoLUloNS 2550 Lithonia West Drive Lithonia, GA 30058 DATE 7t612021 Custorner lD City of Augusta For:Quotation valid until:Gharles Walker Detention Genter - Kltchen Ftooring & Electrical prepared by: Harotd C. Gilens The contractor shall fumish all labor, materials, supplies, equipment, transportation, supervision, toolsand management to Provide Alt Servlces required to Demo and lnstall New Flooring & UpgradeElectrical Clrcuits. 1 155 48 I 155 20 14 57 1 Flooring llaterlal & Labor . Labor to Demo & Replace Existing euarry Tile using Epoxy GroutLabor to Dig Out and Replace Existing-Grout and Replai with Lpoxy GroutMETRO OUARRY 310 MAy RD 6" x 6, s pEcrMLocK p RE M I u M 3l'o%3r r r *ctAL s-22s-p4-Ns-03 SPECTRALOCK GROUT (EPOXY) SPECTMLOCK PREMIUM PRO FULL LIOUID Freight Iaxes 1,312.46 897.39 Electrlcal Upgrades Demo Floor Receptacles and Wiring _ lnstall 11 Ceiling Recepticals - 2 per CircuitProvide & lnstall 11 120V power Reels on Ceiling LOT Prclect Hanagcment Management, On-site Superintendent, profit & OH SUBTOTAL P&P BONDS TOTAL COST Comments: 2,800.00 .08,931.87 TO: FROM: DATE: SUBJECT: /- Central Seryices Department 'Z'a" Takiyah A. Douse, Director 2760 peach Orchard Road, Augusta, GA 30906A Maria Rivera-Rivera, Facility Manager (706) 828-7174 Phone (706)796-5077 Fax MEMORANDUM QrtSams, Director, Procurement Department ffrir3rh A. Douse, Director, Central Services Department JuIy 8,2021 Emergency Memo In accordance with $1-10-57 Emergency Procurements, I respectfully ask you to accept this communication as notification of an emergency at Charles B. Webster Detention Center relating to kitchen floor replacement and electrical upgrades. The condition of the kitchen is currently not in compliance with the Georgia Department of Public Health regulations and OSHA regulations. After a site assessment, the kitchen floor and electrical outlets need immediate replacernent. The deficiencies found constitute a health and safety risk for personnel and visitors working in this area. Please process a purchase order for Quintech Solutions in the amount of $48,034.48 for the replacement of the floor tiles and electrical upgrades to the kitchen at Charles B. Webster Detention Center. lf you have any questions or concerns, please contact the Cenhal Services Department. TAD/mcrr -* Central Seryices Department"z1z--4'' Takiyah A. Douse, Director 2760 peach orchard Road, Augusta, cA 30906A Maria Rivera-fuvera, Deputy Director (706)821-7l74phone (706)796-5077 Fax MEMORANDUM - TO: FROM: DATE: SUBJECT: #R" s, Director, procurement Department Z T^ky^h A. Douse, Director, Central Services Department September 1,2021 Additions to P416905 ln accordance with Augusta, GA policies and procedures we are requesting to have purchase order P416905 changed. Please add $1,455.00 to purchase order P416905 due to the vendor discovering the unlevel floorduring the demolition. The floor will need to be leveled prior to the installation of the new floortiles. Please charge to capital account number 272016210/5413120 Your assistance would be greatly appreciated. Attachments: Purchase Order p4 I 6905 Change Order #001 Cc: Takiyah A. Douse Maria Rivera Rivera laeuona Sanderson o Original Purchase Order Amounto Revised Purchase Order Amount $48,034.48 $49,489.48 CHANGE ORDER #OO1 .^. l9UTNTECH ISOLUIONS 2550 Lithonia West Drive Lithonia' GA 30058 cu"to,nDiH 3,ilffin** Quotation For: Charles Walker Detention Center - Kitchen Flooring & Electrical Quotation valid until: Prepared by: Harold C. Gillens 't5 The contractor shall fumish all labor, materials, supplies, equipment, transportation, supervision, tools and management to Provide All Services required to Demo and Install New Floorlng & Upgrade Electrical Circults. Floorlng Material & Labor Apply15bagsofSeff-LevelingMaterial priortoTilelnstallation $ 97.00 $ 1,455.00 Total $ 1,155.N Protect Management Management, On-site Superintendent, Profit & OH included $ 1,'$5.00 s0.00 SUBTOTAL P&P BONDS TOTAL COST Commonts: Upon demolition, a Mud Bed was discovered under the exiting files. Ihis means it's breaking up as old tiles are removed. Thus, we have to level the floors again prior to the installation of the new tile section to be even with the old area. 1 LOT AUGUSTA, GEORGIA SU]TE 605, PROCUREMENT DEPARTMENT 535 TELFAIR STREET, MUNICIPAL BUILDING lOOOPURCHASE ORDER CONDITIONS . READ CAREFULLY 1. Thc purcha$r is cxcmpt by Catuo tom payrncnt of FcdcEl, Stats, and Municipalsales, cxq$ and othGr taxas.2. Shipping charges prepaid by wndor. 3. Payment will b€ made on omplete srlipments only, unle$ othemi* requeded. 4. DELIVERY TICKET MUST ACCOMPANY GOODS.5. No bad< ord.E. Ws will rcorder if aEitabte. 6. Plea* makc deliwrics betwcen I A.M. and 4 pt\/l 7 All goods ro@iwd with sbrcquent prMlege to inspcd and return at Vendor'sexpen* if dcfediw or nol in @mplian@ with our gcdf @trons.8. lndoordelivcryilneessary. 9. Paym.nt Net 30 or a@dino to mtEd. AUGUSTA, GEORGIA 30901.2377 PHONE: (7061821-2422 Page 1 of 1 P4 15 905 07 /L4/2L 152 L0 (843) 59s-0170 R348950 HGI LLENS@QUTIITECHSOLUT I ONS INC . COM QUIIIIECH SOLUTIONS INC. 102 SA}IGAREE PARK COURT SUITE 4 sIrtr{MERVItLE, SC 29496 ATTN: EMERGENCY BIO NUMBER: CONTMCT #: BUYER: CENTRAI. SERVTCES ADMIN 2750 PEACH ORCHARD RD. BUILDING A AUGUSTA, GA 30906 TO: AUGUSTA, GEORGIA ACCOUNTING DEPARTMENT, SUITE 8OO 535 TELFAIR STREET, MUNICIPAL BUILDTNG lOOO AUGUSTA, GA 30901.2379 (706) 821_2335 ALL INVOICES AND CORRESPONOENCE MUST BE SENT TOABOVE ADDRESS REGARDLESS OF SHIPPING OESTINATION. 0001 0002 00 03 2800 FLOORING REPLACTMENT AT CBWDC KITCHEN 272-0L-62L0 / 54- 13120 ELECTRTCAIJ UPG&ADES AT CBWDC KITCHEN 27 2-0L-62L0 /54 - 13 12 0 PROJECT MAI{AGEMENT 27 2-0L-52L0 /54 - 1312 0 33,L64.4 L2,07 0 .0 2,8oo.o 33,L64.4 L2,070.0 2, 800. 0 48,034.4 4.f4rr. 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EIFC Fr.lz FIzH F' lnrr lrlF rJ Elr,rrjFo F Er,oln FU.l ErE Fo U'lr, FUlnF a FU 2 o Foln(t) H .l F TE NN t\)NJ \o oo {o\s (,N) Fl rnz z\o oo {o\5 t l-.) q \o6 \o i.J U':EFooF.l I F;!.4\o Ut t) UI5 (.) N CrF I,J o\ UI-I\ocb.) Ur5 (, !.) a{ \o\o6 c aFEFoaH AF n\)c> 3 ) \)z 4 AL.l ;.c { U\ rTF' (!Et Iq(D ., oIoor A'r 11 Io o. Uo o o oxo 0a oor DOo ao A) o. o O) !) o{ oo,l!,aa ao o' UF'0oF rE Fl z o Fi tt,U IE \ 2 E 2e 3EE7 E2 aI a (,o\\o \o e9(,o\\o \o i- rgEl t2(D F o, o AoIa N oI ut. o oxr+ N 5 { o rtooco Ut Co oA) o 2 - e9 t,o\\o \ooo a Fl :Uia(D ! Eiao z ?- a ts rEEl tt(D t! .:(D z. tr Flo P a(! I ! o 'E3E'AF > IriO=2At)zT'UFla L=;z>- EI '\2dJ ta,'o Fa 7tr,o o F.l oz Ftso o H z FIrlo (a H oz H F o\(,c t.) b. :U Fo 0 FJoFU t1tFz zl Eg EI 7! :UeFotr O 15oFUt!F U Htrl TO: FROM: DATE: SUBJECT: /- Central Senrices Department 4'a'' Takiyah A. Douse, Director 2760 pachorchard Road, Augusta, GA 30906 Maria Rivera-Rivera, Facility Manager (706) 828-7 I 74 Phone (706) 196-5017 Fax MEMORANDUM g@ S"-r, Director, Procurement Department &*rah A. Douse, Director, Central Services Department June 30r 2021 Emergency Memo In accordance with $1-10-57 Emergency Procurements, I respectfully ask you to accept this communication as notification of an ernergency at Charles B. Webster Detention Center (CBWDC) relating to the replacement of the cell door locks. CBWDC has encountered several instances of concern related to officer and inmate safety, on the F and G Pods. Inmates are able to open cell doors after damaging the cell lock cores and rernoving the cores from the main locks. A new locking system will be installed in the pods to prevent inmates from entering into unauthorized areas and/or exiting prematurely. Please process a purchase order for Willo Products Company Inc. in the amount of $369,900.00 for the removal of the current detention locks and the installation of the new Wedge locking system on the F and G Pods at the Charles B. Webster Detention Center. If you have any questions or concerns, please contact the Cenhal Services Department. TAD/mcrr srNcE 1945 PROJECT PROPOSAL st28n02t Marle Rivera-Rlverg tr'acllldec Malntenance Menager Charlec B. Webater Iletention Center 1940 Phintzy Roed Auguste, GA 3(D06 Phone: 706.821,1629 Email: MRivera-Rivera(a auqustapa.eov Reference: Proposal for the Wilto Wedge Locking System Maria, In accordance with your request for a quote, we offer the followiog proposal as outlined in the Scope of Work. Scope of Work Demolish oristing lock, loop pull, and door position switch- Install Ore Willo Wedge locking system. We will furnish and Install66 units at'T" Pod, and 80 rmits at "G" pod. We Propoce to Demollch the Followlne Mrterlds: l. la6 (each) Detention locls2. la6 (each) Ioop pulls 3. 146 (each) Unhook $rface mormted DPS and leave it in place4. 146 (each) Door stikes 5. 146 (each) Detention lock6. 1a6 (each) we will pr€pare the door and frame to r*eive the witlo wedge7. Materials that are de,lnolished will bc disposed of into durrpster We Propbse to Funrlsh and Install the Followhe Materlds: l. la6 (each) filler plates, for door stike location at door2. 146 (each) filler plate at door lock location at frame3. la6 (each) rfr/edge locking system, which includes the following: a. Audio tamperalamr b. Visual tamper alarmc. 5020 Brink lock, with cylinder d. The Gripper e. Strike, Hollow design with clean out at the bottom of the receive 714 Willo Industial Dr. SE o Decatur, Alabama 35501 r 2561353-?16l Fax: 2S6RSO-8/I}6 H:\pre_sale\rern_slslAugusia, GAbppoeal.doq PROJECT PROPOSAL Pagc: 2 ol I f. lntegraldoorpull g. Magnetic door position switchh. l" offieq this moves the lock outside the cell areai. The Willo Wedge will ship with our standard powder coat finish The Followins Inclueionc are siven to Fut{hcr Chrifr the Proposel: 1. Otrsite Project Manageme,nt until our field superintendent arrives on site 2. Offsite Projcct Engineering 3. Field site tip to investigate unorthodox wiring issue The Follon'ins Exclueions are Glven to X'urther Clarifv the Prooosrl: l. Engineering and required upgrade materials that will be needed to modiff cunent headend communication to the lock/DPS. 2. Delay when entering or exiting the building. If lengthy delays should be expected we will have to add for the additional time. 3. State and Local Tarces applicable to this Foject.4. Building permits required by the City, County, or State. 5. Prevailing Wage Rates and Union Workers. 6. Repair or replaceme,lrt of Glass & Glazing 7. Grout or grouting 8. Caulh Caulkiag or Sealants 9. Finish paint or painting 10. Lead paint abaternent 11. Smoke reurediation 12. Fumishing or Installation of conduit, wire or wiring 13. Furnishing of temporary electric powtr, water, toilet facilities and lighting for our installation efforts. 14. Power wirg wiring & termination of same @ranch Power Circuits) 15. Smoke evasuation from the building 16. Finish paint 17. Ta"r 18. Bond, can be added al l-ll2 percent of proposal 19. Any iterr not specifically listd above as being furnished. PROJECT PROPOSAL Page: 3 sf 4 The Followine Summarization Must be Addressed: It appears that IS! (your touch scree,n provider) copied the way Icotech (you hardwire conhol provider) was conholling the doors so they would not have to rewire the existing locks and door position switches. Icotech has 2 monitoring circuits that are reporting back to the heade,nd (2 inputs) indication status. The first input is from the Door Position switch which is located at the top at the door. The second input is the lock bolt switch located within the lock. Tlpically, the DPS and Lock bolt combine at the door and there is I combined input that communicates to the headend which gives the indication of the door and lock to the contols. Because of this difference in the way it was originally wired and the typical path, it will require at least some type of rewire or a rework at the headend. At this time, we can't be fully certain that our Wedge system would be able to include all of its security features. Nor, with the limited information we have collected thus far, can we propose orhelp quote what changes would be required to include all of our security features. Our engineering dept. spoke with Mr. Bell in great detail, but understand there are no manuals, wiring diagrams, or connection diagrams of your existing systems, and we may be getting outside of his expertise. With this being a County Jail, do you guys have a County elecfrician or similar that really understands voltages, relay logic, and circuitry that might be available to field some questions from our engineers and inspect your systems to help determine what is there? We need to continue down this path of exploration to better understand the current confiols scheme and wiring connections and function of each field wire to the lock and indication devices. We would need to converge these results with taking in account any future controls upgrade so as to be compatible going forward with limited cost and effort. If we can get to this point, then I'm certain we can propose a workable solution. Willo proposes to perform the Scope of work ouflined above for the sum of: $369.900.00. (Three hundred sixty-nine thousand, nine hundred) No tax included. lf 8o/o tax is applicable, please add $20.427.00to our proposal We will send a Security Control Engineer and Assistant to perform an onsite anluation, and investigation. This investigationwill inform us how and what to reworVrewire. At the conclusion of this investigation, we will gwe you, our recorflmendation to correct the unconventional wiring issue. The recommendation will be a chanse order to confiact amount Proposal Terms and Conditions: PRO.IECT PROFOSAL P,ago: 1ot 1 We quote net 30 days, no fttainogc allowed. A current tax-cxe,mpt certificate must be fumished to ourAccouting Department if the p,roject is to be tax exempt. Our price is good for 30 days from the date ofthis letter. Thank you for considering our Pmposal. Please let us know if you would like to b€gin this wort. Very tuly yours, c?F'.Kil-- Ryan Childen Sales Estimator 256.353.716t X234 256.580.0166 w The Wedge is an integrated locking system designed with the Brinlrs 5020 high security lock. Benefits and Features: Patented Vlsual & Ardlble Tamper Aarm whlch wlll notfy oficer when a lock lc or hae been tampered wlth. Patentod Grlpper provents lnmate from de- featlng the lock. Addltlonal oftset protec'ts the lock bolt from prlsoner access. Local indlcation LED allows off,cer on the floor to sce the securlty stafus of each door. Hollow body and clean out port make lt dlfn. cultforthe prlsonerto pack debrls in SHke Recelver. Reducec owner llabllity caused by inmate attacks. Adds secudQr to any doorwhlle reduclng renovatlon tlme and coct. Alwlrlng and electrlcal componenta arc located wlthln the Wedge houslng. Gustom englneerlng to fit all exlstlng me- chanlcal and electrlcal condltlons. \f itJg"f rg*Hsf "=-SggasJnv Featulrs: 1," !{_"dry ls cudom manufactunrf to the door, frame, and well condttlon lmurlng a Ughtftt whlle ellmlnatlng a hldlng ilace for contaband. flre I"-Pgr Alarm can alert officerc both wlren aomconr ls tamperlng wlth the lock orthe door does not deadlock. The addltlonal l" offiret crcabd by the Wcdge probctr Ote latch and rolhr bolb frpmaoeeu by the lnmab from lnrldo the cell. The Grlpper pnventr "rlree0ng" by plnchlng and rhnddlng forolgn meterlal lneerbdbettoen the door and the ftame ln an attempt io kecp the lock-frrom OeeOlocHng. The hlgh lnbmlty LE-D_ locatod on the Wcdge showr whether the door lr fully 3ecuru olnot, lnformlng stfrof thc rccurlty sltuatlon ao they approach cach door. The hollow rtrlke deslgn and the clean out poil at ths bofrom of thc ncetvrr make ltlmporclble for an lnmate to pac[ the rece]vrr wtth contraband ln attempts to provont thcdoor ftom deadlocklng. lh9 Wcdge ll bullt rul0r an lntegral door pull, whlch cannot bc remornd nor anythlng Sedto lt. f!p- Wplge gontal_ns a triple bl*cd tagnetlc tloor Poaltion Srrltch to monttor the postfion of the'doorftorm the control room atlowlng sldb see the securlty rtatug of each'door. {"t(r' \f i[g.trg$ss.!=s-ggBH#v Willo WEDGE Applbolion Rehot ol eldlm llororr Jomb bct h nrr R88 5l[0-lolrr rcrrty bct Ed*p r,: EfifEfrome w/? l{oror Jomb tock lApflcot* srf ond f,effm wijelomb tomrl ItollB6tnilhl. ll0Str)tocl r. Pohdrd0hprr I. PdcdedlompcrAbmi. l"Okr&obn I. l*odPril I. Ctdn0t Pod --+I I IE--,_--, Etfhg teld wtrruhd hto WOG! bodv ffrorlohr*lno lronr condfiIocttori tilcdgeope[co[ftfd \- tuhce rmrrilule sca$l lldght &lerdned by trhhtd€dlhgbc*cilrds t{ih to gor{decover phlx lor:. Bilimloctloceooerho. hhliristrileoperfiu. SblirBDfSopedBs EnegDocr M xdry rawlr my b rryid ol ssne bcol*xv lrylto PRoDUCIS CO. tNC mIcluu& Retrofit Overviewr80lc?ocllu| mrmffioffiilr pmesr r^fiMucffi6Giffixi!" SMtP-lA ModelDBOE!hn O,ilnk t riiro, \ff i [g.trg$x gF,.ggt:H,3tr v \o/itJ.?"PJroducts Detention Equipment Senice and Renouation Spcialist May 27,2021 Richmond County SherifPs Office Charles B. Websster Detention Center 1941 Phinizy Rd. Augusta, GA 30906 Re: Willo Wedge Sole Source Irtter Gentlemen, The Willo Wedge was developed several years ago as a result of discussions with corrections officials who were having major problems keeping inmates secured in their cells. The inmates were able to "pop" or "sheet" the lock and exit their cell, many times coming out on staff or other inmates, creating a dangerous situation and resulting in injuries and fatalities. The Wedge has evolved into a unique product that continues to be a solution to issues in our industry. The Willo Wedge (Patent # US 8,528,272 Bl) seryes as a surface-mounted lock pocket allowing for increased security without the need for disturbing existing construction. The Wedge however is more than just a lock pocket. It offers unique features that provide additional security and enhance operational management of the facility. Those unique features include: The Wedge is custom manufactured to the door, frame, and wall condition insuring a tight fit and eliminating a hiding place for contraband. The Tamper Alarm (Patent # US 10,030,414) alerts the officer when someone is tampering with the lock when the door is open and when the door is closed and the lock does not deadlock. The additional 1" offset (Patent #8,528,272) created by the wedge protects the lock bolt and roller bolt from access by the inmate inside the cell. The Gripper (Patent # us 9,482,030) prevents "sheeting" by pinching and shredding foreign material inserted between the door and frame to prwent thi lock from deadlocking. The high intensity LED at each lock shows whether the door is deadlocked (green light) or unsecure (red light) alerting staff of the security situation as they appioach the door. 714 willo Industrial Dr. S.E o Decarur, AL 35601 o 2561353-7161 o Fax 2s61350-9436 Wi[9"[lroducts Com Detention Equipment Setuice and Renouation Specialise The design of the receiver makes it almost impossible for an inmate to pack it with contraband to prevent the lock bolt from deadlocking. In the event they do attanpt to pack the receiver while the door is open, there is a large void that would have to be packed before impacting the lock. Also, there is a removable clean-out port at the bottom of the receiver that can be removed without unlocking the door to check for any debris in the receiver. The door pull is integral to the Wedge and cannot be removed and nothing can be tied to it. The Wedge contains a triple biased Magnetic Door Position Switch to monitor the position of the door from the control room and know that the door is securely closed and deadlocked. The Willo Wedge has been designed and impact tested to 1200 blows of 200 ft. lbs. each. This is twice the requirement set forth by ASTM Test Standard F1450 for a Grade I Detention Door and Frame. By supplying the lock used in the testing, we are able to guarantee the total package and provide a one-year warranty on workmanship and parts. Once the Wedge is installed you will have the satisfaction of knowing that your doors are secure and your staff and inmates are protected. Willo Products Company, Inc. is the original developer and manufacturer of the Wedge with the Gripper and Tamper Alarm and we have not authorized production of this product by any other manufacturer. The features of the Wedge and the successes experienced by those using it, have set this product apart in the industry. Thank you for your consideration of the Wedge. I am confident this product will be a success for your facility, as it has for many others. Sincerely, Jackson Ozier VP of Sales Willo Products Company, Inc. 256-353-7161 ext.277 256-466-2524 Cell 714 willo Industrial Dr. S.E o Decatur, AL 35601 o 2561353-7161 o Fax 2561350-9436 lr, FFlz:-tr,zHz F og AJao 3oo0 Utr,:g Frl rt FTzrlz rt E!t!F(,FU-ocna ta,r.g FFl 3 15zFl ta, U UE'F frlF rl =E1 Fo F(tloln FUFl otf, ru Fo U)lrl FU rr,F U) >U FU zoo F rnra a Fl l. Ed U l..JN N N)\o oo -J o\9r 5 t,N Hlnz z \o 6 {o\Ur s UJ N)o F; o\o(j{\oo|..J i(, NJo o!: lJ) NJ\ooUI N) i U) l')o *Ir' (! IQ(D a !oA:.a N (+) o)o tooo. o A]t tDo tr {o6O (DFt Uo (a 5ooiort oo Foo0) a t tal U2oF :grl oz C aE tr( \ c2E 2e 3 E7 F2 Z trA:5 0 N5\oUI e9 l..J5\o(Jr :^ Eiao UA) o xo ItjNIU+ ()l. h )) J l 5 nlI 3 z ? 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E ao 2 z F do E rErt a(! ! ! o 'u3E'AEl{oPH2?2A\)zUU[!^E^u>9 =2>1 llt\2d-o tro Flrlo v, Fl oz F FNoe v, H oz FEo v, H oz U H F{ N)oN N 'E IEeleFIF Et8>t>ataE lta,olo,EIFutt TA' IE,EIFolz>le FIE 'papnlru! lesoooJo u ! pals!l lou sural! oN 'papnllulpuoq oN 'pepnllu! pu!I Auelo turpal ro'saal 51;urad op ue aas 00'0s5'rzs I arud p!8 leror iroou to r,rolupuoC pue leyaleuu tuuooU pafepfno ol ano paurolad lrofn uo Auerrern oN .r;edag uo.rJ paleJeuag qse{ pue lepeley{ ssaf,xf lo asods;6 Apadot6 sea.ry tugleal le llnpord tugoog uolll!S %OOI lo sleo3 (7) omlAlddy r;edag.rqseary tulleal le alErn5 aredar6 pue uealf, sea.ry tu;1eal uo.t;slpnueJg asool pue sUqaO aloulau pod-H pue't '7'tr s,eery te srledau eJe^lu-era^lueuew :peluof, Z :uo!sra1;esodor6 tzlgrlL :aleo ;esodor6 A1uno3 puoulr{llu e5ntnv :laumg/operpq, 9060€ egtroeg'epntny e;troag'epntny'peoglzru;qdr?6r :ssalppvpapJd srgedag pue luauaf,e;edagloog relua3 uollualeg repqa1 'g saUeqf, tesodoJd NEIIXNUIsiNES T9EINIJEEII :arueN palord s,NoxtH :Pelce[eu :pa^orddv :UOIYUISINII ICY Ag NOIIJY luerueJnc oJd Jo JolceJro secr^Jes lB4uec Jo JolceJr(l :gf,Nflunf,No3 t:e I rzlp t- .4ta-\'/ alB(I 'lusurgudeq 1co[o11 Ol€a/a-rncuoJ secrlJes le4ueJ eql puluoc eseeld'sruecuoc Jo suonsenb r(ue erreq no.(g; 'srudergoor rog 00'096'rZ$ lunou? eql q uorlcrulsuo3 ry Eugoog s6uoxrH ol JepJo aseqcmd e ssecord esueld 'peEeuup lou sr lueurdrnba pue 'pe1drusrp lou erp suorluredo.(1rep eql leql eJnsue ol sJoor snouul aql ol ep?u eru sleder eql leql slrluredun sr 1r 'uluslgooJ aqlJo eJnluu eql ol en(J 'lrun Iuclpetu eql puu secglo uorl€r1sruturpu 'seluururgo uo4elndod B esnoq spod eseq; 'spod g pue D 'C 'J og 'y eprsur s>luelJooJ Eunueuedxe,(11uerrnc sr JelueC uoquo]e6l Jo]sqol[ 'g selJ?rIJ '$[BelJoor o] Eurlulsr JelueC uolluepq relsqel[ 'g selregJ 1u ,(cueEreue rreJo uor1ecgqou s? uorlecrunuruoc sql ldecce ol nof 4su,(lpgpedser 1 'slueulerncor4.(cusEreurg lg-0I-t$ qtpl ecuuproccB uI orueIAI ,{cueE.reurg IZ0Z'6I ,tlnf lueu4ruda( sacl res IsrtuoJ 5ro1ce.r.rq 6esnoq 'y UeAWy/ luourgudoq luaruoJnco.r6 6ro1ce+A'r-rS (6 friiiiiffiro-illiiill :rJgfgns :SIVC :ntrou.{ :oI xel uos-got@oD euoqd iLIL-828 (90L) rotcerl( i$ndeq'anrry-ure^lu BtrEW 9060€ Vg'u1sn8nv 'pso1 prsqarg qcrr.dOqLZ rolce{O 'esno( 'V qel(11el luaruuuda(I seclll..les IErlueJ Commission Meeting Agenda 12/7/2021 2:00 PM Overnight Warming Center at May Park Department:Augusta Commission Department:Augusta Commission Caption:Motion to approve establishing Overnight Warming Center at May Park during inclement weather. (Commissioner Jordan Johnson) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 12/7/2021 2:00 PM Release of the FY2021 Impact Report Department:Administrator's Office Department:Administrator's Office Caption:Official update and release of an annual report that demonstrates the impact of service delivery activities under the oversight of the administrator. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 12/7/2021 2:00 PM Update on Boards and Committees Department:Augusta Commission Department:Augusta Commission Caption: Update on Boards and Committees. (Commissioner Catherine McKnight) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 12/7/2021 2:00 PM Vax-Up Augusta Update Department:Administrator's Office Department:Administrator's Office Caption:End of Year Update on Vax-Up Augusta. Background:Provision of an end of year update on vaccination progress and activities prior to the close of the December 10, 2021 reporting period. November/December update will be provided in January due to the absence of Commission meetings post reporting period. Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 12/7/2021 2:00 PM Request to approve an inmate messaging service program through the current inmate telephone provider (Combined Public Communications) and approve the Addendum C Department:Richmond County Sheriff's Office Department:Richmond County Sheriff's Office Caption:Motion to approve an Inmate messaging Service through the current inmate telephone provider (Combined Public Communications) and approve the Addendum C. Background:Inmate Telephone Services Agreement originally entered into by the Richmond County Sheriff Department (Customer) with its principal place of business at 1941 Phinizy Road, Augusta GA 30911 and Bealls Communications Group (Company), originally signed on February 4th, 2013. Combined Public Communications, LLC (CPC) subsequently acquired the Agreement and has assumed the obligations of Bealls Communications Group as the provider of Inmate Communications Services. Analysis:The annual operating budget of the Richmond County Sheriff's Office includes commission revenue from the current telephone contract.(not affected by this amendment) The Richmond County Sheriff’s Office would like to add an inmate messaging service to the contract. As well as an addendum for access to Fast Case Law Library. Financial Impact:Messaging Rates, Funding & Fees: Chirping funds are added by inmates' friends and family through Vendor’s customer service center or the inmatesales.com web site. Vendor will provide a Labor Reimbursement Fund: Two cents ($.02) from every completed chirp will be allocated to a Labor Reimbursement Fund. This fund, held by the vendor, will be used at the Sheriff’s discretion for equipment and technology for the Richmond County Sheriff's Office. All fees required of the Sheriff's Office will be deducted from the Labor Reimbursement Fund. (To the extent that chirps are used from chargeback deposits, total chirp count will be adjusted for purposes of calculating the labor Cover Memo reimbursement.) Fast Case Law Library access will be provided by the vendor with that cost also deducted from Labor Reimbursement Fund. Alternatives:None Recommendation:The Richmond County Sheriff's Office recommends approval of the messaging services and Addendum C (Fast Case Law Library). Funds are Available in the Following Accounts: N/A - all additional costs incurred for the messaging service and Fast Case Law Library will be deducted from the Labor Reimbursement account held by the vendor. Based on Columbus-Muscogee's experience, the estimated amount going into the account is in excess of $200,000 annually. REVIEWED AND APPROVED BY: Cover Memo 1 CyberPath Services, LLC An Affiliate of Combined Public Communications, LLC Inmate Messaging Service CyberPath Services, LLC, an affiliate of Combined Public Communications, LLC (Vendor) with its principal place of business located at 100 Aqua Drive in Cold Spring, Kentucky 41076 agrees to provide a messaging service1 for inmate usage called Chirping to the Richmond County Sheriff’s Office (Customer) with its principal place of business at 1941 Phinizy Road, Augusta, GA 30906 agree as follows: Exclusive Agreement Customer agrees to exclusively permit Vendor the right to install, support and maintain a messaging platform and service within all pre-existing and future jail and/or detention facilities. Agreement Term This agreement will remain in force and effective for sixty (60) months from the commencement date. Unless written notice delivered to either party at least ninety (90) days prior to the initial term or any renewal term of this Agreement, this Agreement shall automatically renew at the end of the initial term upon the same terms and conditions as set forth herein. Vendor Provides: Vendor will provide, install and maintain Chirping devices, associated operational hardware, charging stations and transport containers (a tub and/or cart). Additionally, Vendor will provide ongoing service, support and maintenance of the Chirping devices and platform. Vendor will provide a full-time tech to assist in the deployment and support of Chirping. Customer Provides: Customer provides a secure area for a tub and/or cart to store and charge chirping devices, as well as electric (AC) to charge devices, at no charge to Vendor. Chirping Rates, Funding & Fees: Chirping rates include - four dollars ($4.00) per month per chirping device and phone number, and ten cents ($0.10) per chirp. Chirping funds are added by friends and family through Vendor’s customer service center or the inmatesales.com web site. Funding fees include - a three-dollar ($3.00) funding fee through inmatesales.com or a five dollar and ninety-five cent ($5.95) fee through Vendors live representative customer service center, plus credit card fees. Labor Reimbursement Fund: Vendor will allocate two cents ($.02) from every completed chirp to a Labor reimbursement fund. The fund can be used at the Sheriff’s discretion for equipment and technology for the Richmond County Sheriff Office. To the extent that chirps are used from chargeback deposits, total chirp count will be adjusted for purposes of calculating the labor reimbursement. 1 U.S. Patent Nos. 10,082,835 and 10,085,126. Used under license from Hank Technology LLC.” 2 Device Loss/ Damage & Replacement Policy: Each device has a value of two hundred dollars ($200.00). The inmate will be charged the device value if damaged or lost while assigned to him/her. The replacement cost will be deducted from the device account until paid in full before another device is assigned to the inmate. Authority to Represent: Each party to this Agreement warrants and represents that they have the unrestricted right and prerequisite authority to enter into and execute this Agreement, to bind the respective party, and to authorize the installation and operation of the equipment. The rights and obligations of this Agreement will be binding and shall inure to the benefit of the respective parties, their subsequent owners, successors, heirs, and assignees. IN WITNESS WHEREOF, the parties hereto intending to be legally bound, have executed this Agreement to be effective beginning on the _______day of _____________, _________ (the Commencement date). Richmond County Sheriff’s Office Cyberpath Services, LLC ______________________________ ______________________________ Print Name, Title Print Name, Title ______________________________ ____________________________ Signature Signature _______________________________ ______________________________ Date Date 3 CPC can issue commissions as an ACH (Automated Clearing House) transaction or by check. Please check the appropriate box and fill out the corresponding information. Issue ACH payments to the information below: ACH Information: Customer Name: _____________________________________________________________________ Remittance Address: __________________________________________________________________ Remittance City: ______________________ State: ______________ Zip Code: ______________ Contact Name: ______________________________ Phone #: _____________________________ E-Mail Address: ______________________________________________________________________ Banking Information: Customer’s Bank Name: _______________________________________________________________ Bank Address: _______________________________________________________________________ Bank’s City: __________________________ State: ______________ Zip Code: ______________ Bank Contact Name: __________________________ Phone #: _____________________________ ABA Routing #: _______________________________ Account #: ____________________________ Account Type (please check only one) Checking Savings Customer’s Authorization: Please sign below to confirm that you are authorizing CPC to begin transferring payments for your invoices to the account mentioned above. __________________________________________ _____________________________________ Signature Title __________________________________________ _____________________________________ Phone Number Date Issue commissions as a check to the address listed below: Commission check made out to: Customer Name: _____________________________________________________________________ Remittance Address: __________________________________________________________________ Remittance City: ______________________ State: ______________ Zip Code: ______________ Contact Name: ______________________________ Phone #: _____________________________ __________________________________________ _____________________________________ Signature Title 1 Combined Public Communications, LLC Inmate Telecommunications General Service Agreement Addendum C WHEREAS, this addendum relates to the Inmate Telephone Services Agreement originally entered into by the Richmond County Sheriff Department (Customer) with its principal place of business at 1941 Phinizy Road, Augusta GA 30911 and Bealls Communications Group (Company), originally signed on February 4th, 2013. Combined Public Communications, LLC (CPC) subsequently acquired the Agreement and has assumed the obligations of Bealls Communications Group as the provider of Inmate Communications Services. WHEREAS, the Customer and CPC wish to amend the Agreement. NOW THEREFORE, the parties to this Agreement do agree as follows: Fast Case Law Library CPC will provide the Customer access to Fast Case Law Library Service (Service). The annual cost of this Service is based on the average daily population (ADP) of one thousand (1000) inmates at one dollar ($1.00) per inmate per month. The yearly Service fee will be deducted from the customer’s monthly commission. This Service is subject to a monthly commission deduction on an annual basis. This service is subject to an annual ADP adjustment and will automatically renew on an annual basis. Customer should initial one of the following options regarding this technology: ________ Option 1: Customer would like to utilize this Service. ________ Option 2: Customer is not interested in utilizing this Service. This written addendum shall constitute understanding of the parties and all prior agreements and understandings are merged herein. The Original Agreement and this Addendum shall not be modified, changed or altered in any respect except in writing signed by CPC and Customer. The parties have executed this addendum on the day of , _______ Richmond County Sheriff’s Office CPC ____________________________________ _____________________________ Signature Signature ____________________________________ _____________________________ Print Title and Name Print Title and Name Commission Meeting Agenda 12/7/2021 2:00 PM Approval of the Procurement of Voting Equipment Department:Board of Elections Department:Board of Elections Caption:Approval of the Procurement of Voting Equipment. Background:In preparation for the 2022 election year, the Board of Elections would like to establish approximately 5 additional Election Day polling sites. This voting equipment will be used to outfit the additional sites. Analysis:Compared to 2020, during the 2022 election cycle it is expected that fewer citizens will be casting a ballot by mail and more will be casting a ballot in person on Election Day. In order to accommodate the increase of in person voting, the Board of Elections would like to establish additional voting locations to provide a safe voting environment for voters, prevent long voter wait times, and overcrowding of facilities. Financial Impact:$195,873 Alternatives:Face overcrowding at polling sites and likely longer lines for Election Day voting. Recommendation:Procure the equipment Funds are Available in the Following Accounts: 272-01-4110-53.16210 REVIEWED AND APPROVED BY:Cover Memo Cover Memo Commission Meeting Agenda 12/7/2021 2:00 PM Follow up for FY2022 Budget Department:Administrator's Office Department:Administrator's Office Caption:Motion to approve potential adjustments in FY2022 budget to boards and authorities as directed by the Augusta Commission Background:Administrator to provide an update on initial activities and findings related to the task and directives assigned by the Commission with a subsequent recommendation. Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 12/7/2021 2:00 PM Garden City Rescue Mission Department: Department: Caption:Consider a request from Mr. Patrick T. Feistel regarding the abatement of taxes for 2021 for the Garden City Rescue Mission. 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 - 1:00 p.m. commission/committee: (Please check one and insert meefing date) Commission Date of Meeting Public Safety Committee Date of Meeting Public Services Committee Date of Meeting Administrative Services Committee Date of Meeting Engineering Services Committee Date of Meeting Finance Commiffee Date of Meeting TEName: Contact Information for IndividuallPresenter Making the Request: /, Address: Telephone Number: Fax Number: 7 d E-Mail Address: Caption/Topic of Discussion to be placed on the Agenda: b3-63 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 30901 Telephone Number: 706-821-1820 Fax Number: 70G821-183E E-Mail Address: 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 and Committee meetings of the following week. A five-minute time limit will be allowed for presentations. Hi Patrick. I hope all is going well. I am sending you the tax bills for this year. Thank you Diane Van Giesen rrv. -tr. . .M Ytnt LtttLll a Stevar 8. l(endrick fttcfift ono co{nty 1 s, c8{*1'tt,idtsfi or 533 Taltarr S?.eot - Roon l{10 At*rrl6. {rA**iJ1 Wigw (?{l8l811.73q, Fax lre$i 821-Zitg vtt\il.atdaxtdn\ At {4,*l A *t A4' 9i* e F_$t ^fr.cr. s g:at) ^n$$ rg,r,$ttA{fi(aAVtArtrJTlAu,tar&t.lt,3 A4,,ilfulrs, 3V,r*2 s7.l*l $7.ftiZ 51.u12 Offco Loca?iofl SXi Tdlri, Sya*i, $ilils 1m, Aug wta. GA?bgO1 lnt€.631 !80s!s th$ da? allat *a Au* dol*. t*$aslaso Ewr't,*on w$rli.(l,t .ro scf,{i.& ye$ ff,wrd qu $l lha lsx cotlrr(ils*wf s *trw,*rlod ^r**t{hr,r&d 8ucd,ng, 53J Totra,r stoot. suts r00. Argu{rs,e* *;wt iiaa,xittat*lrl,ngx$,wsta& ,w6dtoa 16 Agrrt I *t F * *arc hr$intai,&, tagafi*$ nxiwr** si*mpim ca* lz w, dx "zeu. PaY a*'lit&8rlvtwrr.drfiat.trr tt. Atwfic.anExrr.a**.Olwter,l,Aaalatf;atd andVr3a grc etioglbd,t*lffigdtt\b{rtsl str*$tcdt4l Strrs iN e thiid tafiy morrtr.flt pracoe*togtaa{Utttl*wyW.e"Me-Wiu$rr3y165ecosptsd w{hour e convonienc iae Alt$r i{*{rs al Wr{(wl iltrrt,4g $*rt, cheth,, 4nd $raf|Gy td&rr. From : diane vanclesen dianespartryl 23@ gmail.com (, Subject: ADCRF Fenwick Street taxes 2021 Date: Septembet 30, 2021 at 12:l8 PM To: Patrick Feistel pfeistel.gcrm@gmail.com rr!!t!# F,} T at ? ayar:,r.titvita tiltr} St* *9,:t*.,541",$ I *urtuAt ;tirr t Llcauon; $8 fg,vt1llc( 61 3S*0t ol*lrltt w1 / ungA,-, seftvc* trp Codo; A4O.r"'t6i2-gA4 ?ag**ytypo ftf.\L Sllll{unbar: 2AX-W131 &d$tlilur 3A-2'r2 &rfio.t, ( {rl.iNl 1 {'APII;\! lrtrl I Al ((,|JN fY ttlAlilr, & ( rPl".R;1l t(lx ('flljtrTY sAl.ls txx ( l(l,1),1 9ctrax.rL M."1 tN I &, { ryj.R ht t{rN tr{BAN ilt^.txl,i&, ()1,t1lr1l l{)xS I,RBAX ti{t.r.lt t' Ax t.:*t,ttt, 5' l' lll:"r- t' l. l(il I I Cl l.itR( il: f*Xrlrr.aYrt t1.l*2 gt.dilo' Yarad.' 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Ar.t1*r,<at txyezz,tsiw*ar, Ma*zet0,axl a*4*ra &&,r*t$plte).$*npay,*q;trlt'toere$tl',ardrharaiialltt{ttlo,,,,y'"ct-ihnil!nqdd\1lt1qt;}*latllr?1r;jtrt4:r..*";l+;Ai4,1{itin;iztt artcc€Pt?d *.ll"orr1 0 tonwrn,6n{;ll iee d4*at ly;1v113 t 7 Uny*1ntr1 tnt-irllrr r;r\11. t?r"t:;11. ,.w, rr1*r1{r? ra6it,, _,.Irh ' &.ta.o .,is|rlr, :1{ffi1{ r,im,gi t'$$a$lIhx lllatrrff Amou*t Itrle|{4 l'tttdtt lrc'ijJ l',itt{*t l,a.ztwttt: l!ix[ la,rtr' ilir*4u6 ^{& $*r w t&t*lry led.N ryy.tla'pr:t RSIURN EOTTOM pOftTlON WTH pAytriENTb<****e-* tffiffiffiffiffiffiffiffiffiHffittrffififfi ra xE cr€c,( ofi ltoltgy fiDfa PAYASLE IO:nlcHrO*D Colrttt?Y TAX Cffitgstsrrr Arnount Enclosad , Petyn*/nt W ?rr,ough , I i I tiTlr}l Ptl*l0,ata trllii2{l2l Commission Meeting Agenda 12/7/2021 2:00 PM Approve and authorize MOU between AUD, and Phinizy Center for Water Sciences Department:Utilities Department:Utilities Caption:Approve and authorize Augusta Utilities Department (AUD) to enter into an MOU with Phinizy Center for Water Sciences (PCWS) for work contract on a grant project from Georgia Environmental Protection Division (GAEPD). Background:The State of Georgia passed the Georgia Comprehensive Statewide Water Management Plan in 2008. That plan calls for each water region to manage water resources in a sustainable manner to support the state’s economy, to protect public health and natural systems, and to enhance the quality of life for all citizens”. To that end, Augusta and all other water users in the Savannah River Basin are required to share the available water and to ensure pollution is kept to a minimum. The Water Plan identifies problem areas within the basin and best management practices to address those problem areas. This agenda item will allow Augusta to implement one of those management practices with partnering entities including PCWS. Normal 0 false false false EN-US X-NONE X-NONE /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso- tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style- noshow:yes; mso-style-priority:99; mso-style-parent:""; mso- padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin-top:0in; mso- para-margin-right:0in; mso-para-margin-bottom:8.0pt; mso- para-margin-left:0in; line-height:107%; mso-pagination:widow- orphan; font-size:11.0pt; font-family:"Calibri",sans-serif; mso- ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor- latin; mso-bidi-font-family:"Times New Roman"; mso-bidi- theme-font:minor-bidi;} Analysis:Augusta is a key stakeholder in protecting and preserving water quantity and water quality within the Savannah River Basin. Since this natural resource is shared, Augusta also needs to proactively work toward ensuring this limited resource will be Cover Memo available for Augusta’s future growth and that the quality of that water remains safe for our citizens. Approving this action works toward those responsibilities and also continues to strengthen the working relationships between multiple partners, GAEPD and Brier Creek Soil and Water Conservation District and Phinizy Center. This grant has been awarded to Augusta and has already been approved by the Commission. Financial Impact:Augusta will contribute $33,700 of cash to Phinizy, of which $20,220 will be reimbursed to AUD from grant funds. Augusta’s cash portion will come from AUD’s “Other Professional Services” account which has available funds Alternatives:1) Approve and authorize Augusta Utilities Department to accept the MOU with Phinizy Center. 2) Do not approve and reject the grant funds and opportunity from GAEPD Recommendation:Approve alternative 1 Funds are Available in the Following Accounts: Funds are available in: G/L 506043110-5212999/82000050- 5212999 REVIEWED AND APPROVED BY: Cover Memo 08/19/2020 Commission Meeting Agenda 12/7/2021 2:00 PM Augusta Canal Engineering Support Change Order Department:Utilities Department:Utilities Caption:Motion to approve additional fees in the amount of $193,040 to Cranston Engineering for engineering services supporting the FERC licensing of the Augusta Canal. Background:AUD is currently engaged in licensing of the Canal through the Federal Energy Regulatory Commission. This is a very thorough and extensive review, and requires substantial interaction with several agencies, as well as ancillary design work. Analysis:This additional scope is required by the licensing of the canal with FERC. These items would need to be addressed even if the licensing work was not occurring, however certain actions are required to be executed in the proper sequence for licensure. AUD has reviewed Cranston’s proposal and found it acceptable given the requirements of the permit. Financial Impact:Funding in the amount of $193,040 is available from accounts: G/L 507043410-5212115/80320115-5212115 Alternatives:No alternatives are recommended. Recommendation:AUD recommends that these engineering services with Cranston be approved. Funds are Available in the Following Accounts: Funding are available in the following accounts: G/L 507043410-5212115/80320115-5212115 REVIEWED AND APPROVED BY: Cover Memo Cover Memo October 25, 2021 Mr. Wes Byne, PE Director Augusta Utilities Department 452 Walker Street, Suite 200 Augusta, Georgia 30901 Re: Augusta Canal Change Order Proposal #1 Augusta PO#336099 Our File No. 2019-0578 Dear Mr. Byne: In accordance with your request and our previous discussions, we are pleased to offer the following change order proposal for accomplishing the necessary engineering services associated with the recommended repairs on the Bulkhead Gates structure, Weigles Gate structure, and additional compliance coordination and documentation. This proposal states our understanding of the project scope, the general tasks that will be needed to comply with the repair work, as well as the fees and anticipated schedule for accomplishing the work. This repair work is in accordance with the recommendations provided in the Structural Condition Assessment and Stability Analysis Report, Bulkhead Gates dated December 29, 2020 and numerous letters and correspondence between FERC and Augusta Utilities. GENERAL: The City of Augusta has applied for a license from the Federal Energy Regulatory Commission for operating the canal for power production. The application process has been lengthy, and the approval of the commission remains a pending matter. Licensed projects must comply with applicable requirements of the Code of Federal Regulations Title 18, Conservation of Power and Water Resources, which includes requirements for dam safety (Chapter 14, Dam Safety Performance Monitoring Program). This proposal covers replacement and repair work for the Bulkhead Gate structure and Weigles Gate structure which are flood control structures within the Augusta Canal Hydropower Project (P-11810-02). Wes Byne, PE Change Order Proposal #1 October 25, 2021 CEG# 2019-0578 Page 2 of 7 SCOPE OF WORK: The services proposed herein are intended to provide solutions to the repair recommendations described in the condition assessment report. Additional services have been discussed with you and your staff and are described herein. 1. Bulkhead Gates: Structural Repair Plans and Specifications. We will prepare engineering plans, specifications, and contract documents to provide a permanent structural solution to replace or repair the Category 1 & 2 condition Bulkhead Gate Structure sluice gates. The repair plans will include directions and recommendations to repair and/or conduct maintenance on other ancillary components of the Bulkhead Gates Structure such as: gate guide rails, handrails, ladders, lift operators and spalled concrete. We will prepare civil and structural plans, details, and specifications to address this work. The design solution will include structural repair measures and supporting calculations where needed. We will prepare a preliminary (70% complete) set of repair plans for your review and approval. This preliminary package will include design plans showing the limits of the repair options, and structural details for your review and comments. Based on your comments, we will prepare and submit final design plans (90% complete) and specifications for your review. It is our understanding that AUD will forward the design plans to the FERC for their review and comment. Upon receiving final review comments, we will provide a set of final plans and specifications for bidding. Items to be shown or noted on the Structural Drawings: · Replace deteriorated and rusted Gate No.’s 3 thru 19. (Gates 1 & 2 are in fair to good condition and only need Category 3 maintenance). · Patch all large and small spalled areas of the concrete that are part of the Bulkhead Gate structure. · Relocate exposed anchors that attach the guide rails to the concrete in order to provide proper edge distance, shear, and pullout strength. Develop new detail for modified anchoring of guide rail to concrete pier. · Repair large and small gaps and cracks in concrete piers and components adjacent to gates. · Sandblast, prime, and paint all metal gates, operators, metal handrails, ladder and other metal components (Gates 1 thru 19) excluding bronze lifting screws. · Repair damaged concrete at the base of one of the metal “floor stands” on the top of the bridge that contains the threaded vertical rod that lifts the gate (believed to be at Gate #13). · Add key photos to drawings to show examples of the various damaged items that need repair. · Provide required calculations for gate design. Wes Byne, PE Change Order Proposal #1 October 25, 2021 CEG# 2019-0578 Page 3 of 7 2. Bulkhead Gates: Hydrology & Hydraulic Analysis: We propose to furnish the following H&H services for the Bulkhead Gates Structure. a. Provide a Hydrologic and Hydraulic analysis of the Bulkhead Gates structure under various loading and open/closed gate configurations. b. Prepare a report of model output and recommendations on gate closure procedures in conjunction with AUD canal operations staff. 3. Bulkhead Gates: Bidding Phase Services: We propose to furnish the following Bidding Phase services for the repair. a. Prepare a schedule for bidding and bidding documents. b. Assist you with securing bids from qualified contractors. c. Attend pre-bid conference and bid opening. d. Prepare the bid tabulation and advise you concerning the award of a contract. 4. Bulkhead Gates: Construction Phase Services: We propose to furnish the following Construction Phase services for each phase of the repair as requested. We have included a Time and Material (T&M) phase below with an estimated fee to provide this service to you. a. Prepare contract documents subject to your approval. b. Issue a notice to proceed. c. Issue instructions to the contractor and review submittals for compliance with standards and details. d. Make observations of the construction work as it progresses to observe the overall quality of work, generally weekly. Construction is expected to last approximately 10 months. e. Furnish written reports of the observations made during each visit. f. Coordinate with the project engineer and inspector provided by AUD. g. Administer appropriate progress meetings. h. Review the contractor's monthly applications for partial payment and determine the amounts owed to the contractor. i. Interpret the contract documents and technical specifications, consult as necessary with the City authorities and their representatives concerning their requirements. j. Make a final inspection to determine whether or not the work has been completed substantially in accordance with the plans and specifications. k. Prepare digital construction as-builts from red-lined plan information provided by the contractor. l. Review the contractor's application for final payment. Wes Byne, PE Change Order Proposal #1 October 25, 2021 CEG# 2019-0578 Page 4 of 7 5. Bulkhead Gates & Long Gate Spillway: FERC Coordination: We will assist AUD with the FERC Quality Control Inspection Program (QCIP) and Construction Emergency Action Plans (TCEAP) services as requested during the review process and during construction. Per our discussions, it is anticipated that AUD personnel will perform the QCIP & TCEAP services during construction, however you may need assistance in planning and during the FERC review period. We have included a Time and Material (T&M) phase below with an estimated fee to provide this service to you. 6. Bulkhead Gates & Long Gate Spillway: State Historic Preservation Office (SHPO) Review & Coordination: We will assist AUD with submitting SHPO documentation and coordination efforts to satisfy section 106 of the National Historic Preservation Act (NHPA). This service includes consultation with the Georgia Historic Preservation Division. We have included a Time and Material (T&M) phase below with an estimated fee to provide this service to you. 7. Augusta Canal Embankment Slope Stability Analysis & Geotech: We will provide, through a qualified geotechnical engineering subconsultant, five (5) geotechnical borings and slope stability analyses at representative locations along the left embankment of the Augusta Canal. This item is to supplement Item #17 from our previous proposal dated December 1, 2020. 8. FERC Security Letter: Assist AUD to Update Security Letter Items: We will provide material assistance to AUD to develop updated documentation in accordance with FERC regulations and address comments from FERC’s subsequent review(s). 9. Weigles Gate Spillway: Seepage Repair Design Revisions per FERC & SHPO Comments: We will revise the Weigles Gate Seepage Repair design and documentation to accommodate SHPO coordination efforts to satisfy section 106 of the National Historic Preservation Act (NHPA) in cooperation with the Georgia Historic Preservation Division and additional comments from FERC’s review of the previously submitted design drawings and documentation. 10. Miscellaneous Coordination Assistance. We will provide assistance developing subsequent response letters and general coordination with AUD, FERC, SHPO and/or other party representatives and review and provide comments as requested not specific to Bulkhead Gates, Weigles Gate or Long Gate Spillways. Generally, we will coordinate bi-weekly (at a minimum monthly) status meetings with AUD to review and discuss current and scheduled tasks. Wes Byne, PE Change Order Proposal #1 October 25, 2021 CEG# 2019-0578 Page 5 of 7 FEE PROPOSAL: We propose to accomplish the individual items listed below at the fees and terms for each item shown. Items without a definite scope are proposed on a time and material (T&M) basis at our standard hourly rates that are in effect at that time. We have provided an estimated fee for these items for your budgeting purposes. 1. Bulkhead Gates Structural Repair Plans & Specifications: A. Structural Repair Plans & Specifications Lump Sum $48,550.00 B. Contract Documents, QC, and Project Management Lump Sum $17,220.00 Subtotal $65,770.00 2. Bulkhead Gates Hydraulic Analysis A. H&H Analysis & Report Lump Sum $ 7,550.00 Subtotal $ 7,550.00 3. Bidding Phase Services B. Bidding Services Lump Sum $ 3,000.00 Subtotal $ 3,000.00 4. Construction Phase Services A. Construction Services (10 months) Time & Material $36,200.00 Subtotal $36,200.00 5. FERC Coordination Services A. Misc. FERC Coordination –Bulkhead & Long Gate Structures Time & Material $15,530.00 Subtotal $15,530.00 6. SHPO Coordination Services A. Misc. SHPO Coordination –Bulkhead Gate & Long Gate Structures Time & Material $ 5,800.00 Subtotal $ 5,800.00 7. Augusta Canal Embankment Slope Stability Analysis & Geotech A. Slope Stability Analysis and Geotechnical Report: Five (5) Locations. Lump Sum $22,500.00 Subtotal $22,500.00 8. FERC Security Letter Assistance A. Assist AUD with Security Letter Update & FERC Coordination Lump Sum $11,500.00 Subtotal $11,500.00 Wes Byne, PE Change Order Proposal #1 October 25, 2021 CEG# 2019-0578 Page 6 of 7 9. Weigles Gate Spillway Seepage Repair Design Revisions per FERC & SHPO Comments A. Revised Design Plans & Documentation Time & Material Estimate $13,750.00 Subtotal $13,750.00 10. Misc. Coordination and Assistance with tasks not specific to Bulkhead Gates, Weigles Gate or Long Gate Spillway. B. Coordination, Planning & Documentation Time & Material Estimate $11,440.00 Subtotal $11,440.00 GRAND TOTAL $193,040.00 We will invoice you monthly for the percentage of each item completed during that month and would expect payment within 15 days following the submittal of our invoice. TIME OF COMPLETION: We are prepared to begin work at your direction and will work with you and your staff to ensure that any associated AUD and FERC deadlines are met. A schedule organizing these and other Augusta Canal tasks is provided separately and will be periodically reviewed with you at status meetings. Completion dates may be adjusted based on changing requirements over the active project period. Wes Byne, PE Change Order Proposal #1 October 25, 2021 CEG# 2019-0578 Page 7 of 7 We appreciate the opportunity of making this proposal and trust that you find it satisfactory. We stand ready to prepare and forward to you a standard form engineering contract covering this assignment at your request. Should you have any question concerning the scope of the services offered, or the fees, please do not hesitate to give us a call. Sincerely, CRANSTON ENGINEERING GROUP, P.C. Mitchell B. Murchison, PE, MBA MBM/cmn ACCEPTED: CITY OF AUGUSTA BY: TITLE: DATE: G:\AAA-ACTIVE JOBS\2019\2019-0578_AUGUSTA CANAL ANNUAL F.E.R.C. UPDATES 2020-2021\AB - TEMPORARY FILES\AA-PROPOSAL-CONTRACT- PROJECT_PLAN\COP #1\2019-0578_2021-10-11_BULKHEAD_GATES_2021.DOCX Commission Meeting Agenda 12/7/2021 2:00 PM Augusta Corporate Park Utility System Design Department:Utilities Department:Utilities Caption:Motion to approve fees in the amount of $177,970 to Cranston Engineering for engineering services to prepare plans for sanitary sewer in the Augusta Corporate Park in support of new industrial facilities. Background:Two new industrial facilities are preparing to begin construction in the upcoming year. AUD and EDA have worked together to ensure that wet utilities are available for these facilities. This design includes alternative evaluation, design, and construction phase services. Analysis:In support of the facilities, AUD will provide design and construction funding for the wet utilities with supplemental funding by EDA. Construction funding will follow after bid phase services are complete. AUD has reviewed Cranston’s proposal and found it acceptable. Financial Impact:Funding in the amount of $177,970 is available from accounts: G/L 507043490-5212115/82100130-5212115 Alternatives:No alternatives are recommended. Recommendation:AUD recommends that these engineering services with Cranston be approved. Funds are Available in the Following Accounts: Funding are available in the following accounts: G/L 507043490-5212115/82100130-5212115 Cover Memo REVIEWED AND APPROVED BY: Cover Memo November 19, 2021 Augusta Utilities Department Mr. Wes Byne, P.E., Director 452 Walker Street, Suite 100 Augusta, Georgia 30901 Re: Augusta Corporate Park Utility Extension Our File No. 2016-0092 Dear Wes, In accordance with your request, we are pleased to offer the following proposal for planning and engineering design services associated with utility improvements in the Augusta Corporate Park, which is located off Highway 56 South in Richmond County, Georgia. Specifically, this proposal includes engineering services for the Capital Improvement Analysis and Budget Estimate that was completed in April 2021 and for engineering design of a new sanitary sewer system in the Augusta Corporate Park. This proposal confirms our understanding of the project scope as well as the fees and the anticipated schedule for accomplishing the work. GENERAL Based on initial conversations with you on November 9, 2021, we understand that new sanitary sewer infrastructure is needed in the Augusta Corporate Park to support two (2) new industrial developments known as Project Diego and Project Caravan. We understand the proposed sanitary sewer facilities will be comprised of new gravity sewer main, lift station(s), and force main(s). We anticipate that the new sanitary sewer facilities will connect to the existing sanitary sewer system on Horseshoe Road just north of the Starbucks plant. Preliminary average daily water demands, as provided by Augusta Utilities Department (AUD) is 130,000 gallons per day to include both sites. This information will serve as the basis of peak flow calculations and lift station design. SCOPE OF WORK Cranston Engineering proposes our services on a task-based approach. As previously noted, Task #1 includes work completed and delivered to AUD in April 2021. Task #2 is included per your request to evaluate water and sewer infrastructure for potential future developments. Augusta Utilities Dept. 2016-0092 November 19, 2021 Page 2 of 5 TASK #1 – CAPITAL IMPROVEMENT ANALYSIS AND BUDGET ESTIMATE (Completed – April 2021) TASK #2 – ENGINEERING STUDY FOR POTENTIAL DEVELOPMENTS A. As requested, Cranston Engineering will analyze existing and proposed water and sewer facilities based on potential developments in the Augusta Corporate Park. B. We will coordinate with AUD and other stakeholders to understand the potential developments and their general water and sewer needs. C. We will quantify potential impacts to existing water and sewer infrastructure and will identify utility expansion opportunities and associated budgetary costs. Tasks #3-#7 are specific to the sanitary sewer expansion in Augusta Corporate Park. TASK #3 - CONCEPT DEVELOPMENT A. Prepare three (3) concept plans and opinions of probable construction costs for sanitary sewer improvements in the Augusta Corporate Park near Valencia Way. We understand all options will ultimately connect to the existing 15-inch diameter gravity sewer system just south of Horseshoe Road near the Starbucks Plant. i. (Option 1) New gravity sewer to a new lift station near the southern limits of Valencia Way. A single force main would extend north-northwest to a new gravity system that would be routed to the existing sewer near Horseshoe Road. ii. (Option 2) Two separate lift stations that would individually serve the Project Diego and Project Caravan sites. A single force main would extend from the Project Diego lift station to the Project Caravan lift station. From there, a single force main would be routed to a new gravity system that would extend to the existing sewer near Horseshoe Road. iii. (Option 3) Two new lift stations that would individually serve the Project Diego and Project Caravan sites. Each lift station would operate independently with separate force mains. The two force mains would extend to a new gravity system that ultimately connects to the existing sewer near Horseshoe Road. B. Cranston Engineering will coordinate with pump manufacturers to preliminarily identify pump options, manufacturer lead times, and budgetary costs. C. We will facilitate initial Electrical Engineering services through our sub-consulting partner Electrical Design Consultants. Concept phase services will include an analysis of electrical and lighting requirements, available power supply, and emergency power needs. D. We will meet with AUD to review and discuss the concepts and estimated costs. E. Deliverables will include Concept Plans and Itemized Opinions of Probable Construction Cost. Augusta Utilities Dept. 2016-0092 November 19, 2021 Page 3 of 5 TASK #4 – FINAL DESIGN A. Following selection of the preferred option, Cranston Engineering will complete Final Design services. We will incorporate any comments and revisions as necessary and then develop final engineering drawings (95% complete), specifications, and bid documents for the construction of the sanitary sewer system. We will coordinate the lift station and site design with the Electrical Engineering services proposed herein. B. We will review final plans and specifications with AUD and concurrently submit them to the City of Augusta for full plan review as necessary. Once reviewed, we will incorporate any comments and provide final construction documents (100%). C. Drawings will be submitted on printed sets and furnished electronic copies in PDF. We expect to provide the Augusta Utilities Department 8 bound sets of final drawings. CAD files of the final drawings will be provided, as requested, at no additional fee. TASK #5 – ELECTRICAL ENGINEERING (LIFT STATION(S)) A. Support the Concept Development phase with evaluation of existing power supply, pump selection, and costs. B. Provide Final Electrical Engineering design to include Final Drawings and Specifications. Fees are included for the design of power services for two (2) lift stations. C. Final deliverables will be aligned with the Final Civil Engineering Design Services in terms of 95% and 100% submittals to assure Owner review comments are addressed. D. Note that Electrical Engineering Construction Phase services are proposed through the overall Bidding & Construction Phase Task. TASK #6 - BID PHASE SERVICES A. Support AUD’s coordination efforts with the Procurement Department for advertising and bidding. B. Attend one (1) pre-bid conference and respond to pre-bid questions. C. Attend one (1) bid opening and review bids as requested. D. Prepare the bid tabulation and issue a recommendation regarding contract award. TASK #7 - CONSTRUCTION PHASE SERVICES A. Prepare contract documents subject to your approval. B. Issue a notice to proceed. C. Provide submittal reviews for compliance with standards and details. D. Complete periodic construction observations to confirm general compliance with the drawings and specifications. We anticipate a bi-weekly site visit and will coordinate these in advance with AUD’s Project Manager. We estimate a six (6) month construction duration for the purpose of this proposal. E. Cranston Engineering will coordinate the Electrical Engineer’s site visits to align with the construction activities that are specific to their scope. F. Furnish written reports of the observations made during each visit. Augusta Utilities Dept. 2016-0092 November 19, 2021 Page 4 of 5 G. Coordinate with the AUD Project Manager and Inspector. H. Administer appropriate progress meetings. I. Review the contractor's monthly applications for payment. J. Interpret the contract documents and technical specifications and consult as necessary with the City of Augusta. i. Complete a punchlist inspection to determine whether the work has been substantially completed in accordance with the drawings and specifications. ii. Prepare digital construction as-builts from red-lined plan information provided by the contractor (if necessary). As as-built survey of the installed systems is not included in this scope of work. If necessary, these services can be provided through a supplemental agreement. iii. Review the contractor's application for final payment and close-out documents. ASSUMPTIONS & EXCLUSIONS A. We understand the proposed 12-inch diameter water main for Corporate Park will be released and constructed separately from this sanitary sewer extension project. B. Right-of-way plats for Valencia Drive are excluded. C. Any services not explicitly proposed herein are excluded from the proposed scope of work. If additional services are required, we will collectively establish the scope of services with the Augusta Utilities Department. A separate proposal will be respectfully provided to AUD for review and approval. FEE PROPOSAL We respectfully propose to complete the Scope of Work based on the fee schedule below. The proposed fee basis (lump sum, etc.) is noted for each task. Task Task Proposed Fee #1 Capital Improvement Analysis & Budget Estimate (lump sum) $22,500 #2 Engineering Study for Potential Developments (time & materials) $25,000 #3 Concept Development (lump sum) $15,940 #4 Final Design (lump sum) $79,850 #5 Electrical Engineering - Lift Station(s) (lump sum)1 $10,280 #6 Bid Phase Services (lump sum) $3,900 #7 Construction Phase Services (time & materials)2 $20,500 TOTAL: $177,970 1. Includes Electrical Engineering services for the design of two lift stations. 2. Task 7 includes estimate for Civil and Electrical Construction Phase Services We expect to submit periodic invoices covering the design work monthly and to receive payment within thirty days thereafter. Augusta Utilities Dept. 2016-0092 November 19, 2021 Page 5 of 5 TIME OF COMPLETION We are prepared to begin work at your direction and expect to complete the proposed services based on the following preliminary timeline. A formal schedule will be delivered within 1-week of a notice to proceed. Capital Improvement Analysis & Budget Estimate (Task #1) – Completed April 2021 Engineering Study for Potential Developments (Task #2) – A timeline will be established as services are requested. Sanitary Sewer System Design Services (Tasks #3-#7) - Receive Notice to Proceed * - Concept Development 3-4 weeks - Final Design 8-10 weeks - Bid Phase 4-5 weeks - Construction Phase 6-months (estimated for proposal purposes) We appreciate the opportunity to propose our professional services and trust that you find it satisfactory. Should you have any questions concerning this proposal, please do not hesitate to give us a call. Sincerely, CRANSTON ENGINEERING GROUP, P.C. Tom Dunaway, P.E. Mitchell Murchison, P.E. MBM/wtd G:\AA-Active Job Files\2016\2016-0092 - AUGUSTA CORPORATE PARK - UTILITY EXTENSION & GRANT APPLICATION\AA-Proposal-Contract-Project Plan\NOV 2021 - San. Sewer Ext 1 of 1 RFQ 18‐132 Engineering Consultant Services Rosters Category 1 – Water Distribution System and Wastewater Collection System Analysis and Design, including Pumping Stations: A & S Engineering, LLC Constantine Engineering, Inc. Cranston Engineering Group, P.C. Goodwyn, Mills and Cawood, Inc. Infrastructure Systems Management, LLC Johnson, Laschober & Associates, P.C. W.K. Dickson & Company, Inc. W.R. Toole Engineers, Inc. Zimmerman, Evans & Leopold, Inc. Category 2 – Water Treatment Plants: Goodwyn, Mills and Cawood, Inc. Hazen and Sawyer Jacobs Engineering Group, Inc. Category 3 – Wastewater Treatment Plants: Constantine Engineering, Inc. Goodwyn, Mills and Cawood, Inc. Hussey, Gay, Bell & DeYoung, Inc. Jacobs Engineering Group, Inc. Category 4 – Wastewater Collection System Modeling: CDM Smith, Inc. Constantine Engineering, Inc. Jacobs Engineering Group, Inc. Category 5 – Wastewater Collection System Flow Monitoring: McKim & Creed, Inc. W.K. Dickson & Company, Inc. Woolpert, Inc. Category 6 – Surveying: Cranston Engineering Group, P.C. Moreland Altobelli Associates, LLC Woolpert, Inc. W.R. Toole Engineers, Inc. Commission Meeting Agenda 12/7/2021 2:00 PM Construction Services for Lake Olmstead and Warren Lake Sediment Dredging and Disposal RFP ITEM #20-224 Department:Engineering Department:Engineering Caption:Motion to approve Supplementing Construction Contract of Sediment Dredging and Disposal construction services to Waterfront Property Services, LLC Waterfront Property Services, LLC dba Gator Dredging for continuation of lake dredging & sediments disposal and including Warren Lake permitted area. Also approve supplemental funding in the amount of $1,000,000.00 for Warren Lake Phase 1 dredging activities. Requested by AED. RFP 20-224(Approved by the Engineering Services Committee November 30, 3021). Background:Augusta Canal Basin Dredging (Lake Olmstead, Warren Lake, Lake Aumond, and Heirs Ponds) are approved projects. AED recently secured Section 404 of the Clean Water Act required individual permits and Lake Aumond and Heirs were dredged first; completed in 2019. Soon after AED proceeded with phase one of Lake Olmstead/Warren Lake disposal site construction followed by Lake Olmstead (Upper and Lower lakes)dredging. Upper Lake dredging is completed and lower lake tentative completion is by the end of next month (November 2021). AED is proposing to continue dredging and supplement Warren Lake dredging to ongoing work in two phases. First Phase(Phase1) includes preparation of site and completion of initial tasks such as proposed forebay for capturing future sedimentation. Second Phase(Phase2)will commence after completion of Phase1 and includes dredging and disposal activities. Final Phase will be installation of 2ft clean soil cap. At completion, water bodies will return to their near original contours while improving water retention and visual appeal. It will also create and enhance water recreational activities. Analysis:Completing Warren Lake dredging along with Lake Olmstead dredging is a cost effective way to complete dredging of the last of four regulatory permitted waterbodies. There will be no cost Cover Memo escalation to Current contract unit rates. It is AED determination that supplementing Warren Lake dredging to work in-progress is cost effective option and Gator Dredging is the only contractor submitting proposals for such work. AED estimated that such action will yield cost saving of approximately two (2) million dollars. Cost saving comes from contractor’s mobilization/demobilization and eliminating disposed sediments first phase capping (capping of Lake Olmstead disposed of sediment). Final capping will be done following the completion Warren Lake dredged material disposal at the same disposal site. Financial Impact:Funds in amount of $1,000,000.00 available in Engineering Projects SPLOST recaptured funds upon commission approval. Alternatives:1). No Alternate proposed. Recommendation:Approve Supplementing Construction Contract of Sediment Dredging and Disposal Construction Services to Waterfront Property Services, LLC Waterfront Property Services, LLC dba Gator Dredging for continuation of lake dredging & sediments disposal and including Warren Lake permitted area. Also approve supplemental funding in the amount of $1,000,000.00 for Warren Lake Phase 1 dredging activities. Requested by AED. RFP 20-224 Funds are Available in the Following Accounts: ($1,000,000.00) Engineering Projects SPLOST–Recaptured Funds 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#328-041110-211828103. This request is to approve in the SPLOST Recaptured fund balance in the amount of $1,000,000.00. Requested by AED. Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. SPLOST VI SPLOST III SPLOST IV SPLOST V SPLOST VII SPLOST Recaptured Funds 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 _________________________________________________ Honorable Hardie Davis, Mayor CAPITAL PROJECT BUDGET Construction Services for Lake Olmstead Sediment Dredging and Disposal (RPF 20-224) Supplementing Construction Contract of Sediment Dredging & Disposal Services to Waterfront Property Services, LLC dba Gator Dredging for continuation of lake dredging and sediments disposal and including Warren Lake permitted area. Funds are available 10.8.2020 Augusta-Richmond County, Georgia CAPITAL PROJECT BUDGET Construction Services for Lake Olmstead Sediment Dredging and Disposal (RPF 20-224) CPB AMOUNT CPB SOURCE OF FUNDS CPB ADDITION Lake Olmstead SPLOST PHASE VI ($2,000,000) SPLOST III (Recaptured funds) 323-041110-296823309 ($185,596) SPLOST IV (Recaptured funds) 324-041110-201824333 ($376,114) SPLOST V (Recaptured funds) 325-041110-218825903 ($2,207,270) SPLOST VII (Recaptured funds) 329-041110-216829903 ($136,520) SPLOST RECAPTURED FUNDS $0 ($1,000,000) TOTAL SOURCES:($4,905,500)($1,000,000) CPB AMOUNT CPB USE OF FUNDS CPB ADDITION Lake Olmstead SPLOST PHASE VI $2,000,000 SPLOST III (Recaptured funds) 323-041110-296823309 $185,596 10.8.2020 Section 1: The project is authorized to CPB#328-041110-211828103. This request is to approve 2,000,000 185,596 376,114 2,207,270 136,520 1,000,000 5,905,500 CPB#328-041110-211828103 Construction Services for Lake Olmstead Sediment Dredging and Disposal Supplementing Construction Contract of Sediment Dredging & Disposal Services to Waterfront Property Services, LLC dba Gator Dredging for continuation of lake dredging and sediments disposal and including Warren Lake permitted area. Funds are available 10.8.2020 CPB#328-041110-211828103 Construction Services for Lake Olmstead Sediment Dredging and Disposal NEW CPB ($2,000,000) ($185,596) ($376,114) ($2,207,270) ($136,520) ($1,000,000) ($5,905,500) NEW CPB $2,000,000 $185,596 10.8.2020 Commission Meeting Agenda 12/7/2021 2:00 PM ISM On-Call Engineering Services Approval Department:Utilities Department:Utilities Caption:Motion to approve additional fees in the amount of $550,000 to ISM Engineering for engineering services supporting the downtown corridor evaluation. Background:AUD is currently evaluating the condition of underground utilities in support of the TIA program. ISM has an on-call contract and has provided support services involving the acquisition of condition data throughout the downtown corridor. Analysis:This additional scope is in support of the downtown infrastructure and paving projects. The evaluation has helped to determine areas which require close camera television (CCTV) inspection to determine underground pipe condition. The information gathered will lead to targeted pipe repair and replacement during the TIA projects. AUD has reviewed ISM’s proposal and found it acceptable for the scope provided. Financial Impact:Funding in the amount of $550,000 is available from accounts: 507043490-5212115/88880230-5212115 Alternatives:No alternatives are recommended. Recommendation:AUD recommends that these engineering services with ISM be approved. Funds are Available in the Following Accounts: Funding are available in the following accounts: 507043490- 5212115/88880230-5212115 Cover Memo REVIEWED AND APPROVED BY: Cover Memo 1 of 1 RFQ 18‐132 Engineering Consultant Services Rosters Category 1 – Water Distribution System and Wastewater Collection System Analysis and Design, including Pumping Stations: A & S Engineering, LLC Constantine Engineering, Inc. Cranston Engineering Group, P.C. Goodwyn, Mills and Cawood, Inc. Infrastructure Systems Management, LLC Johnson, Laschober & Associates, P.C. W.K. Dickson & Company, Inc. W.R. Toole Engineers, Inc. Zimmerman, Evans & Leopold, Inc. Category 2 – Water Treatment Plants: Goodwyn, Mills and Cawood, Inc. Hazen and Sawyer Jacobs Engineering Group, Inc. Category 3 – Wastewater Treatment Plants: Constantine Engineering, Inc. Goodwyn, Mills and Cawood, Inc. Hussey, Gay, Bell & DeYoung, Inc. Jacobs Engineering Group, Inc. Category 4 – Wastewater Collection System Modeling: CDM Smith, Inc. Constantine Engineering, Inc. Jacobs Engineering Group, Inc. Category 5 – Wastewater Collection System Flow Monitoring: McKim & Creed, Inc. W.K. Dickson & Company, Inc. Woolpert, Inc. Category 6 – Surveying: Cranston Engineering Group, P.C. Moreland Altobelli Associates, LLC Woolpert, Inc. W.R. Toole Engineers, Inc. Commission Meeting Agenda 12/7/2021 2:00 PM New Savannah Bluff Lock and Dam (NSBLD) Engineering Support Change Order Department:Utilities Department:Utilities Caption:Motion to approve additional fees in the amount of $150,000 to Cranston Engineering for engineering services supporting the mediation involving NSBLD. Background:Augusta is currently in mediation over the removal of the NSBLD. Cranston has provided supplemental analysis supporting this project. AUD has been paying these fees on behalf of Augusta. Analysis:This additional scope is required by the extensive analysis performed during mediation. AUD has reviewed Cranston’s proposal and found it acceptable given the current requirements. Financial Impact:Funding in the amount of $150,000 is available from accounts: G/L 507043490-5212999/81900020-5212999 Alternatives:No alternatives are recommended. Recommendation:AUD recommends that these engineering services with Cranston be approved. Funds are Available in the Following Accounts: Funding are available in the following accounts: G/L 507043490-5212999/81900020-5212999 REVIEWED AND APPROVED BY: Cover Memo Cover Memo Commission Meeting Agenda 12/7/2021 2:00 PM Safety concerns on Jimmie Dyess Parkway Department:Augusta Commission Department:Augusta Commission Caption:Discuss safety concerns on Jimmie Dyess Parkway especially after dark. (Requested by Commissioner Catherine McKnight) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 12/7/2021 2:00 PM Affidavit Department: Department: Caption:Motion to authorize 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