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HomeMy WebLinkAbout2022-09-06-Meeting AgendaCommission Meeting Agenda Commission Chamber 9/6/2022 2:00 PM INVOCATION: Reverend Nic Filzen, Pastor Unitarian Universalist Church of Augusta. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. RECOGNITION(S) 2022 August Years of Service A. Congratulations! 2022 August Years of Service (YOS) 25-50 year recipients. Attachments Five (5) minute time limit per delegation DELEGATIONS B. Mr. Moses Todd, I Love Augusta regarding the need for a Storm Water forensic audit, Y23 tax rollback, and a responsible bidders' ordinance. Attachments CONSENT AGENDA (Items 1-49) PLANNING 1. Z-22-37 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the recommendations below, a petition by Cranston Engineering Group on behalf of Cardinal Management Group – requesting a Rezoning from Zone B-2 (General Business) to Zone PUD (Planned Unit Development) affecting property containing approximately 75.22 acres located at 1700 Gordon Highway, 1700 Gordon Highway Tracts 2 & 3 and 2810 Regency Boulevard. Tax Map #085-2-054-00-0, 086-1-073-00-0. 085-2-055-00-0 and 085-2-057-00-0. DISTRICT 5 1. The PUD shall comply with the Development Plan Narrative, dated May 31, 2022, and Site Plan, dated July 19, 2022. Any revisions or modifications to the PUD shall comply with Section 19 of the Comprehensive Zoning Ordinance of Augusta, Georgia, in addition to any conditions outlined as part of the zoning approval. 2. Additional conditions for this rezoning may be placed on the property based on comments received from reviewing agencies as a result of the DRI (Development Regional Impact) process. 3. Sidewalks must be provided on both sides of all internal streets and comply with ADA standards. 4. All new streets must meet the minimum specifications of Augusta Engineering and Fire Departments. 5. This development shall contain a minimum of 15 acres or 19.8 percent of the overall site will consist of open space which includes areas of active and passive use. 6. A minimum 15-foot streetyard is required along all streets adjacent to the site. 7. This project shall comply with all development standards and regulations set forth by the City of Augusta, GA at the time of development. Attachments 2.Motion to amend Zoning petition Z-22-41 (Ordinance No. 7837) approved by the Augusta Commission on August 16, 2022. Our request is to amend Ordinance No. 7837 to include the corrections to conditions number 6 & 7 which are as follows: Errors: All new streets must meet the minimum specifications of Augusta Engineering and Fire Departments. Provide a landscape berm along Wheeler Road as shown on the plan and install a double row of streetyard trees spaced 45 feet on center along Roy Road. Corrections: 1. A traffic assessment must be completed and meet the minimum specifications of Augusta Engineering and Fire Departments. A landscape berm must be provided along Wheeler Road as shown on the plan and install a double row of streetyard trees spaced 45 feet on center along Roy Road and lots currently used for single family residential use, shall have a fence installed along the perimeter. Attachments PUBLIC SERVICES 3.Motion to approve New Location: A.N. 22-59: A request by Miguel Chavez for an on premise consumption Liquor, Beer & Wine license to be used in connection with Lokos Tacos located at 2825 Washington RD H-1. There will be Sunday Sales. District 7. Super District 10. (Approved by Public Services Committee August 30, 2022) Attachments 4. Motion to approve New Ownership-Existing Location: A.N. 22-60: A request by Srinivasa Gourisetty for a retail package Beer & Wine License to be used in connection with Highway 1 Food Mart located at 4002 Deans Bridge RD. District 8. Super District 10. (Approved by Public Services Committee August 30, 2022) Attachments 5.Motion to approve New Ownership-Existing Location: A.N. 22-61: A request by Albert Gross for a consumption on premise Liquor, Beer, & Wine License to be used in connection with Augusta Cigar Club located at 722 Broad St. District 1. Super District 9.(Approved by Public Services Committee August 30, 2022) Attachments 6.Motion to approve New Ownership-Existing Location: A.N. 22-62: A request by Safi Ullah for a retail package Beer & Wine License to be used in connection with Chattha Corporation located at 2161 Gordon HWY. District 5. Super District 9. (Approved by Public Services Committee August 30, 2022) Attachments 7.Motion to approve New Ownership-Existing Location: A.N. 22-63: A request by Safi Ullah for a retail package Beer & Wine License to be used in connection with Sultan Corporation located at 1200 Interstate PKWY. District 3. Super District 10.(Approved by Public Services Committee August 30, 2022) Attachments 8.Motion to approve New Ownership-Existing Location: A.N. 22-64: A request by Asad Rehman for a retail package Beer & Wine License to be used in connection with Rehman Asad, INC located at 3671 Peach Orchard RD. District 6. Super District 10.(Approved by Public Services Committee August 30, 2022) Attachments 9.Motion to approve direct payments of aircraft accident damages in the cumulative amount of $63,981.54. Approved by the Augusta Aviation Commission on July 28, 2022.(Approved by Public Services Committee August 30, 2022) Attachments 10.Motion to approve contract between the Augusta Regional Airport and Independence Excavating, Inc. for the Hangar N1 Taxilane and Ramp Construction Project in the amount of $4,892,410.00. Approved by the Augusta Aviation Commission on July 28, 2022 - ITB 22-181A.(Approved by Public Services Committee August 30, 2022) Attachments 11.Motion to approve recommendation of award to ER Snell Contractor, Inc. and contract in the amount of $2,102,033.60 for ITB 22-240 StandardAero Ramp Rehabilitation, Phase 1. Approved by the Augusta Aviation Commission on July 28, 2022.(Approved by Public Services Committee August 30, 2022) Attachments 12.Motion to approve a request by Stephanie A. Hall for a Massage Operators License to be used in connection with Sport & Injury Bodyworks, LLC located at 645 N Frontage RD. District 3. Super District 10. (Approved by Public Services Committee August 30, 2022) Attachments 13.Motion to approve allowing the Fire and the Planning & Development departments to meet with Mr. Maher Naber regarding a special use permit for 726 Broad Street and report back in thirty-days or sooner. (Approved by Public Services Committee August 30, 2022) Attachments 14.Motion to approve Contract between Augusta Regional Airport and Blanchard and Calhoun Insurance Agency, Inc. for RFP 22-141 Insurance Brokerage Services. Approved by the Augusta Aviation Commission on August 11, 2022.(Approved by Public Services Committee August 30, 2022) Attachments 15.Motion to approve an update regarding SPLOST 8 funding in 30-days; and determine relationship with the Augusta Recreation Department and Augusta R/C Supercross as presented by Mr. Robert Davis at Augusta's Bayvale Park at next week's Commission meeting. (Approved by the Public Services Committee August 30, 2022) Attachments 16.Motion to approve a student transportation contract with transit fees of $2.75 per student per quarter for STVT-AAI Education, Inc. dba Miller Motte College (hereinafter referred to as “Miller-Motte”) students to receive transportation services to and from campus with valid student identification cards issued by the college at no direct charge to the student as presently being offered to other area colleges. (Approved by Public Services Committee August 30, 2022) Attachments ADMINISTRATIVE SERVICES 17.Motion to approve 911 Emergency Services Department to affix 911 Logo for two Public Safety Vehicles.(Approved by Administrative Services Committee August 30, 2022)Attachments 18.Motion to approve the purchase of two 2024 ETI ETC40IH, at a individual cost of $176,063.00 each for a total of $352,126.00 from Equipment Technology, LLC. (Bid 22-214) for the Engineering Department-Traffic Engineering Division and Street Lights Division.(Approved by Administrative Services Committee August 30, 2022) Attachments 19.Motion to approve utilizing state contract (#SWC 99999-SPD-ES40199373-002) for the purchase of six Ford F150s, at a total cost of $144,540 from Allan Vigil Ford for various departments. (Approved by Administrative Services Committee August 30, 2022) Attachments 20.Motion to approve utilizing a state contract (# SWC 99999-001-SPD0000183-0006 ) for the purchase of one Ford Utility Police K9, at a total cost of $49,614 to Wade Ford for the Richmond County Marshal’s Office – Airport Division. (Approved by Administrative Services Committee August 30, 2022) Attachments 21.Motion to approve utilizing a state contract (#SWC 99999-SPD-ES40199373-009S) for the purchase of one Ford T350 Van, at a total cost of $53,933 to Wade Ford for the Richmond County Sheriff’s Office. (Approved by Administrative Services Committee August 30, 2022) Attachments 22.Motion to approve utilizing state contract (#SWC 99999-SPD-ES40199373-002) for the purchase of eight Ford F150s, at a total cost of $306,808 from Allan Vigil Ford for various departments. (Approved by Administrative Services Committee August 30, 2022) Attachments 23.Motion to receive as information only the emergency replacements needed to the Charles B. Webster Detention Center totaling $984,123.00 for Lock Replacement - Willo Products Co., Shower Upgrades - Tri Solutions, Roof Replacement - Hixon's Roofing(Approved by Administrative Services Committee August 30, 2022) Attachments 24.Motion to receive as information grant application from HUD Lead Hazard Reduction Program Grant Application. (Approved by Administrative Services Committee August 30, 2022)Attachments 25.Motion to refer this request from Hornsby Subdivision Improvements led by Cherry Ave. Revitalization Enterprise to the Engineering Department to work with the organization relative to street sign toppers. (Approved by Administrative Services Committee August 30, 2022) Attachments 26.Motion to approve amending the current Administrator's Job Description 1) six (6) months of experience as an Administrator 2) advertising for the position starting December 1, 2022 for 30-45 days and 3) with interviews starting February 1, 2023. (Approved by Administrative Services Committee August 30, 2022) Attachments 27.Motion to approve HCDs RFQ 22-188: contracts with The committee has recommended to prequalify the following vendors for the 4 lead services areas listed below: 1. Certified Lead Abate Contractors: Clean and Green Environmental and National Environmental Solutions, Inc. 2. Certified Lead RRP Contractors: G & P Construction, Clean and Green Environmental , Blounts Complete Home Services and National Environmental Solutions, Inc. 3. Certified Lead Inspector/Risk Assessor: Clean and Green Environmental , GLE Associates, and National Environmental Solutions, Inc. 4. Clearance Inspectors: Clean and Green Environmental, GLE Associates and National Environmental Solutions, Inc. to administer lead remediation for the Housing and Community Development (HCD) Lead Grant Attachments Hazard Reduction Program. This pre-qualification contract is for a three (3) year term.(Approved by Administrative Services Committee August 30, 2022) 28.Motion to approve award of contract to prepare Construction Documents for construction of New Facilities for Augusta Fleet Management to Dickinson Architects of Augusta in the amount of $108,000 for Phase I and 8.5% of construction costs for Phase II - RFQ 22-213.(Approved by Administrative Services Committee August 30, 2022) Attachments PUBLIC SAFETY 29.Motion to approve the Georgia Department of Education through the Georgia Statewide Afterschool Network has awarded the Richmond County Juvenile Court an additional $53,550 for the Building Opportunities Out of School Time (BOOST) Grant. (Approved by Public Safety Committee August 30, 2022) Attachments 30.Motion to approve MOU with the Georgia Department of Corrections (GDC) to administer (GED) Testing to inmates. (Approved by Public Safety Committee August 31, 2022)Attachments ENGINEERING SERVICES 31.Motion to approve to Supplement Construction (SA3) to Superior Construction Company Southeast, LLC in the amount of $286,327.80 for Transportation Investment Act (TIA) Project, 5th Street Bridge over Savannah River Repair and Restoration Projects as requested by Augusta Engineering . Bid 19- 291(Approved by Engineering Services Committee August 30, 2022) Attachments 32.Motion to authorize condemnation to acquire title of a portion of property for temporary easement (Parcel 059-2-821-00-0) 808 Perry Court.(Approved by Engineering Services Committee August 30, 2022) Attachments 33.Motion to authorize condemnation to acquire title of a portion of property for temporary easement (Parcel 059-2-834-00-0) 1244 James Brown Boulevard.(Approved by Engineering Services Committee August 30, 2022) Attachments 34.Motion to authorize condemnation to acquire title of a portion of property for temporary easement (Parcel 059-2-837-00-0) 836 Spruce Street. (Approved by Engineering Services Committee August 30, 2022) Attachments 35.Motion to authorize condemnation to acquire title of a portion of property for temporary easement (Parcel 059-2-832-00-0) 1308 James Brown Boulevard.(Approved by Engineering Services Committee August 30, 2022) Attachments 36.Motion to authorize condemnation to acquire title of a portion of property for right of way and temporary easement (Parcel 059-2-319-00-0) 858 Laney Walker Boulevard.(Approved by Engineering Services Committee August 30, 2022) Attachments 37.Motion to approve Bid Award Item 22-209 Landscaping and Lawn Maintenance for Water Treatment Plants(Approved by Engineering Services Committee August 30, 2022)Attachments 38.Motion to approve Supplemental Agreement one (SA1) for Blue Ridge Services Professional Services Contract in amount of $82,002.73 for Solid Waste Intake Operations Supporting Services for Deans Bridge Road Landfill. Emergency Procurement. Requested by AE&ESD (Approved by Engineering Services Committee August 30, 2022) Attachments 39.Motion to approve a cost sharing agreement between Augusta Utilities Department and JEN-PCS, LLC for the up-sizing of gravity sanitary sewer main from 8” pipe to 12” pipe in the amount of $71,684.43.(Approved by Engineering Services Committee August 30, 2022) Attachments 40.Motion to approve Supplemental Agreement Three for Infrastructure Systems Management, LLC (ISM) in the amount of $351,502.50 for Deans Bridge Road Landfill Phase 3 Site Improvements & stabilization and Erosion Management services. RFP 19-241 / Requested by AE&ESD(Approved by Engineering Services Committee August 30, 2022) Attachments 41.Motion to approve funding for Design Consultant Services Supplemental Agreement #4 to Benesch (formerly WR Toole Engineers) in the amount of $33,160 for the East Augusta Roadway & Drainage Improvement Project-Brunswick Ave. & Azalea Street Phase Construction Phase Services (CEI). Requested by the Augusta Engineering. RFQ 06-202(Approved by Engineering Services Committee August 30, 2022) Attachments 42.Motion to approve Georgia Power Easements at Augusta Owned Parcels – Savannah Rapids Pavilion. Also authorize Augusta, GA’s Mayor to sign all documentation. This approval is contingent upon receipt of letter agreement from Georgia Power. Requested by the Augusta Engineering.(Approved by Engineering Services Committee August 30, 2022) Attachments 43.Motion to approve award of Bid to Yancy Brothers in the amount of $1,477,101.00 for Landfill Compactor Purchase. Bid 22-190 / Requested by AE&ESD (Approved by Engineering Services Committee August 30, 2022) Attachments 44.Motion to approve and Authorize the Engineering & Environmental Services Department (AE&ESD) to Accept and Receive Federal Financial Assistance through Section 319(h) Nonpoint Source Implication Grant Program for Phase 2 Biota improvement in Urban Stream. Also grant authorization permitting Augusta, GA’s Mayor to sign all documentation requested by AE&ESD. (Approved by Engineering Services Committee August 30, 2022) Attachments 45.Motion to approve the installation of three (3) speed humps along Gardner Street between Johns Road and Milledge Road per Augusta Speed humps adopted Policy. Also approve construction funds in amount of $12,000. Requested by Engineering 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- Attachments parent:""; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin:0in; mso-pagination:widow-orphan; font-size:10.0pt; font-family:"Times New Roman",serif;} (Approved by Engineering Services Committee September 1, 2022) 46.Motion to approve a $282,775.00 urgent replacement by Hembree Contracting, Inc of the inoperative CNG dispensers located at 3035 Tobacco Road. Requested by Engineering. (Approved by Engineering Services Committee August 30, 2022) Attachments 47.Motion to approve funding for on-call professional engineering services for traffic signal analysis, design, and permitting at Gordon Hwy and Haynes Station Drive in the amount of $142,400.00 to Infrastructure Systems Management, LLC (ISM) per RFP 19-241. Requested by Engineering. (Approved by Engineering Services Committee August 30, 2022) Attachments 48.Motion to approve and adopt proposed Ordinance changes to the Augusta, Georgia Code, 3-5-1 and 3-5-86 to modify requirements for personal transportation vehicles (PTV). (No recommendation from Engineering Services Committee August 30, 2022 Attachments PETITIONS AND COMMUNICATIONS 49.Motion to approve minutes of the Regular Meeting held August 16 and Special Called Meetings held August 18, 23 and 30, 2022.Attachments ****END CONSENT AGENDA**** AUGUSTA COMMISSION 9/6/2022 AUGUSTA COMMISSION REGULAR AGENDA 9/6/2022 (Items 50-55) PUBLIC SERVICES 50.Motion to accept Federal Aviation Administration (FAA) Airport Improvement Program (AIP) Grant No. 53 in the amount of $530,506.27. Approved by the Augusta Aviation Commission on August 24, 2022. Attachments ADMINISTRATIVE SERVICES 51.Motion to approve HCD's request for 50/50 partnership with Honnête Habitats III, LLC to develop (3) workforce housing units, (New Construction) within the Laney Walker/Bethlehem area located at 1409 Maple St., 1411 Maple St., and 1413 Maple St . (No recommendation from Administrative Services Committee August 30, 2022 and submission of additional information.) Attachments ENGINEERING SERVICES 52.Motion to approve and authorize Augusta Engineering (AE&ESD) to submit, accept and receive Georgia Department of Transpiration (GDOT) Financial Assistance from GDOT FY2023 Local Maintenance and Improvement Grant (FY2023 LMIG) for Road Improvements & maintenance projects (Listed under Financial Impact Section). requested by AE&ESD. (No recommendation from Engineering Services Committee August 30, 2022) Attachments APPOINTMENT(S) 53. Consider a request from the Community Service Board regarding the reappointment of Mr. Thomas J. "Jeff" Drake. Attachments OTHER BUSINESS 54.Discuss the Employees Retention Plan. (Requested by Commissioner Ben Hasan)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 9/6/2022 2:00 PM Invocation Department: Department: Caption: Reverend Nic Filzen, Pastor Unitarian Universalist Church of Augusta. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 9/6/2022 2:00 PM 2022 August Years of Service Department:Human Resources Department Department:Human Resources Department Caption: Congratulations! 2022 August Years of Service (YOS) 25-50 year 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 August 23, 2022 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 August 2022, 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 plaque: FIRST LAST DEPARTMENT YOS BARRY MORRISON SHERIFF’S OFFICE 25 BRENDA REID E911 25 PAUL WILCE FIRE DEPARTMENT 25 BOBBY BATTLE ENGINEERING 30 RUSSELL HELMLY ENVIRONMENTAL SERVICES 30 NORBERT COLEMAN UTILITIES 35 JOANNE COURTNEY LIBRARY 35 Please make arrangements to have your employee in attendance at the Commission meeting scheduled for Tuesday, September 6, 2022, for recognition by the Mayor and Commission and presentation of their service pins and plaques 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) 826-1377 or via e-mail at spalmer@augustaga.gov, by Friday, September 2, 2022, 12:00 Noon. Your support and cooperation is much appreciated. With regards, Anita Rookard, HR Director /slp cc: Mayor Hardie Davis, Jr. Takiyah A. Douse, Interim Administrator HUMAN RESOURCES DEPARTMENT Suite 400 - Municipal Building 535 Telfair Street - Augusta, GA 30901 Phone (706) 821-2303 Fax (706) 821-2867 www.augustaga.gov Lena Bonner, Clerk of Commission Commission Meeting Agenda 9/6/2022 2:00 PM Mr. Moses Todd Department: Department: Caption: Mr. Moses Todd, I Love Augusta regarding the need for a Storm Water forensic audit, Y23 tax rollback, and a responsible bidders' ordinance. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 9/6/2022 2:00 PM Z-22-37 Regency Mall Department:Planning & Development Department:Planning & Development Caption: Z-22-37 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the recommendations below, a petition by Cranston Engineering Group on behalf of Cardinal Management Group – requesting a Rezoning from Zone B-2 (General Business) to Zone PUD (Planned Unit Development) affecting property containing approximately 75.22 acres located at 1700 Gordon Highway, 1700 Gordon Highway Tracts 2 & 3 and 2810 Regency Boulevard. Tax Map #085-2-054-00-0, 086-1-073-00-0. 085-2-055-00-0 and 085-2-057-00-0. DISTRICT 5 1. The PUD shall comply with the Development Plan Narrative, dated May 31, 2022, and Site Plan, dated July 19, 2022. Any revisions or modifications to the PUD shall comply with Section 19 of the Comprehensive Zoning Ordinance of Augusta, Georgia, in addition to any conditions outlined as part of the zoning approval. 2. Additional conditions for this rezoning may be placed on the property based on comments received from reviewing agencies as a result of the DRI (Development Regional Impact) process. 3. Sidewalks must be provided on both sides of all internal streets and comply with ADA standards. 4. All new streets must meet the minimum specifications of Augusta Engineering and Fire Departments. 5. This development shall contain a minimum of 15 acres or 19.8 percent of the overall site will consist of open space which includes areas of active and passive use. 6. A minimum 15-foot streetyard is required along all streets adjacent to the site. 7. This project shall comply with all development standards and regulations set forth by the City of Augusta, GA at the time of development. Background: Analysis: Financial Impact: Alternatives: Recommendation: Cover Memo Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 9/6/2022 2:00 PM Z-22-41 revision to Ordinance #7837 Department:Planning & Development Department:Planning & Development Caption:Motion to amend Zoning petition Z-22-41 (Ordinance No. 7837) approved by the Augusta Commission on August 16, 2022. Our request is to amend Ordinance No. 7837 to include the corrections to conditions number 6 & 7 which are as follows: Errors: All new streets must meet the minimum specifications of Augusta Engineering and Fire Departments. Provide a landscape berm along Wheeler Road as shown on the plan and install a double row of streetyard trees spaced 45 feet on center along Roy Road. Corrections: 1. A traffic assessment must be completed and meet the minimum specifications of Augusta Engineering and Fire Departments. A landscape berm must be provided along Wheeler Road as shown on the plan and install a double row of streetyard trees spaced 45 feet on center along Roy Road and lots currently used for single family residential use, shall have a fence installed along the perimeter. Background: Original approval Z-22-41 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the recommendations below, a petition by Ivey Development, LLC on behalf of Patricia Anne Bargeron Estate et al. – requesting a Rezoning from Zone A (agriculture) to Zone R-3B (Multiple-family Residential) affecting property containing approximately 28 acres located at 1243, 3736, 3738 and 3742-Wheeler Road, 1156 Interstate Parkway, 1221, 1223 and 1225 Roy Road. Tax Map #030-0-010-02-0, 030-0-010-00-0, 030-0-009-00-0, 030-0-010-01-0, 030- 0-008-01-0, 029-0-045-02-0, 030-0-030-00-0, 030-0-031-00-0 and 030-0- 032-00-0. (A full listing of property owners is available at our office) DISTRICT 3 1. The development shall be limited to no more than 262 townhomes. 2. A cross access easement must be recorded to allow shared access from the adjacent parcel to the site. 3. All lots within the development shall be combined into a single parcel of land. 4. Sidewalks must be provided as shown on the site plan received on 6/28/2022 and comply with ADA standards. 5. The site shall include a pool and clubhouse. 6. A traffic assessment must be completed and meet the minimum specifications of Augusta Engineering and Fire Departments. 7. A landscape berm must be provided along Wheeler Road as shown on the plan and install a double row of streetyard trees spaced 45 feet on center along Roy Road and lotscurrently used for single family residential use, shall have a fence installed along the perimeter. 8. This project shall comply with all development standards and Cover Memo regulations set forth by the City of Augusta, GA at the time of development. Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 9/6/2022 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Location: A.N. 22-59: A request by Miguel Chavez for an on premise consumption Liquor, Beer & Wine license to be used in connection with Lokos Tacos located at 2825 Washington RD H-1. There will be Sunday Sales. District 7. Super District 10. (Approved by Public Services Committee August 30, 2022) 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 $3,427.50. 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 Commission Meeting Agenda 9/6/2022 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption: Motion to approve New Ownership-Existing Location: A.N. 22-60: A request by Srinivasa Gourisetty for a retail package Beer & Wine License to be used in connection with Highway 1 Food Mart located at 4002 Deans Bridge RD. District 8. Super District 10. (Approved by Public Services Committee August 30, 2022) Background:This is a new ownership application. Formerly in the name of Ravi Vuppula. Analysis:Th applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a pro-rated fee of $665.00. 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 PTANNING & DEVETOPMENT DEPARTMENT STAFF REPORT Case Number:A.N.22-60 Application Type: Retail Package Beer & Wine Business Name:Highway l Food Mart Hearing Date:August 30,2022 Report Prepared By: Julietta H. Walton, Business License & Customer Service Manager Applicant: Propefi Owner: Address of Propefi: Tax Parcel #: Commission District: Srinivaso Gourisetty Sky Phoenix Properties LLC 4002 Deans Bridge RD 138-0-005-00-0 District: 8 Super District: 10 Existing LocationBackground ANALYSIS: Location restrictions: zoning and proximity to churches, libraries, schools, and public recreation areas. Zoning: B-2 (General Business)Zonea a a o Distance Requirements: The proposed location for retail package Beer & Wine meets the minimum distance location to churches, schools, libraries, and public recreation areas. ADDITIONAL CONS!DERATIONS: Reputation, character. The applicant's reputation, character, trade and business associations or past business ventures, mental and physical capacity to conduct business. Previous violations of liquor laws. lf the applicant is a previous holder of a license to sell alcoholic liquors, whether he has violated any laws, regulations or ordinance relating to such business. Manner of conducting prior liquor business. lf the applicant is a previous holder of a license to sell alcoholic liquors, the manner in which he conducted the business thereunder especially as to the necessity for unusual police observation and inspection to prevent the violation of any law, regulation or ordinance relating to such business. a Location. The location for which the license is sought, as to traffic congestion, general character of neighborhood, and the effect such an establishment would have on the adjacent surrounding property values. o The proposed location is a Convenience Store Number of licenses in a trading area. The number of licenses already granted for similar business in the trading area of the place for which the license is sought. Dancing. lf dancing is to be permitted upon the premise for which the license is sought and the applicant has previously permitted dancing upon the premises controlled or supervised by him, the manner in which he controlled or supervised such dancing to prevent any violation of any law, regulation, or ordinance. Previous revocation of license. lf the applicant is a person, whose license issued under the police powers of any governing authority has been previously suspended or revoked or who has previously had an alcoholic beverages licenses suspended or revoked. Payment of taxes. lf the applicant and business are not delinquent in the payment of any local taxes. Congregation of minors. Any circumstances, which may cause minors to congregate in the vicinity of the proposed location, even if the location meets the distance requirement under section 6-2-64 (b) herein. Prior incidents. Evidence that a substantial number of incidents requiring police intervention have occurred within a square city block of the proposed location during the twelve (12) months immediately preceding the date of application. Previous Denial or Revocation. The denial of an application or revocation of a license, occurring within the preceding twelve (12) months, which was based on the qualifications of the proposed location. FINANCIAI IMPACT: The applicant will pay a pro-rated fee of 5665.00. RECOMMENDATION: The Planning & Development approved the application subject to additional information not contradicting the applicant's statements. The Sheriffs Office approved the application subject to additional information not contradicting applicant's statements. Note: The staff report includes the information available approximately two weeks prior to the Public Services Committee meeting. lt represents an evaluation of the facts presented by the applicant, research done by the staff, and consideration of the relevant factors in the Comprehensive Zoning Ordinance and the Alcohol Ordinance of Augusta, Georgia. New facts may emerge, and staff reserves the right to make an oral recommendation at the hearing based on all the information available at that time. a a a a a a l 2. 3. 4. 5. Augusta-Richmond County l8l5 Marvin Griffin Road Augusta, GA 30906 ALCOHOL BEVERAGE APPLICATION Alcohol Number Year Alcohol Account Number Name of Business V Groceroes. LLC DBA : Hiohwavl Food Mart Business Address City Heohzibah State Georqia zip 30815 Business Phone (706 )293J.5.90- Home Phone (.678 ) Applicant Name and Address: Srinivasa Gourisetfu 2913 Old Tobacco Rd Unit B ApplicantSocialSecurity# _ _D.O.E If Application is a transfer, list previous Applicant: Location: Map & Parcel Zoning Location Manager(s) Srinivasa Gourisetty Is Applicant an American Citizen or Alien lawfully admitted for permanent residency?(x)Yes ( )No OWNERSHIP INFORJVIATION 6. 7. 8. 9. t0. I l. 12. Date Chartered: 07 lO1 DO22 Mailing Address: Name of BusinessAttention Srinivasa GourisettyAddress 2913 Old Tobacco Rd. Unit B Citylstatelzip Henhzihah GA 3n415 13. 14. Ownership Type: (1) Corporation ( ) Partnership ( ) Individual Corporate Name: List name and other required information for each person having interest in this business. l5 What type of business will you operate in this location?( ) Restaurant ( ) Lounge ()Q ConvenienceStore( )PackageStore ( )Other: Total License Fee:{ Prorated License Fee: (After July I ONLY) $_ 16. Corporation (if applicable): Have you ever applied for an Alcohol Beverage If so, give year of application and its disposition License before: No 17. l&rg Pofitknl ssNo#Adhe$E ksd Srinivasa Gourisetty Member 2913 Old Tobacco Rd. Unit B 100% Hephzibah, GA 30815 Usrsokfonuxisn tlsuc 8€6r lFlne Dencc SundrySale Retail Packaee Dealer x x Consumption on Premises Wholesale Are you familiar with Georgia and Augusta-Richmond County laws regardjrg thfl)ale of alcoholic beverages? (X) Yes ( ) No If so. please initial. L_P - l8 l9 Attach a passport-size photograph (front view) taken within two years. Write name on back of the dealer submitting the license application. Has any liquor business in which you hold, or have held, any financial interest, or are employed, -or have been employed, ever been cited for any violation of the rules and regulations of Richmond County or the State Revenue Commission relating to the sale and distribution of distilled spirits? ( ) Yes (X) No If yes, give full details: 20. or ordinance? (Do not include traffic violations, with the exception of any offenses pertaining to alcohol or drugs.) All other charges must be included, even if they are dismissed. ( ) Yes (X) No Ifyes, give reason charged or held, date and place where charged and its disposition. 21. List owner or owners of building and property. Kims lnvestments & Management,LLC - Sudhakar Koduri 22. List the nam€ and other required information for each person'firm or corporation having any interest in the business. Srinivasa Gourisettv Have you ever been arrested, or held by authorities, for any violation ofany Federal, Federal, State, or other law-enforcement State, County or Municipal law, regulation 23. 24. Ifa new applicalion, attach a surveyor's plat and state the straight line distance from the property line of school, church, library, or public recreation area to the wall of the building where alcohol beverages are sold. A.) Church B.) Library C.) School D.) Public Recreation State of Georgi4 Augusta-Richmond County, I,Srinivasa Do solemnly swear, subject to the penalties of false swearing, that the statements and answers made by me as the forgoing alcoholic beverage application are true. icant Signature \\25. I hereby certiry that Srinivasa Gourisettv is personally known that he/she signed hiVher narne to the foregoing application stating to me knew and understood all statements and answers made herein, and, under oath administered by me, has said statements and answers are true. This ,/8 day of intheyew 2022 FOR OFFICE USE ONLYlww:&ffi{sM Alcohol Inspector Sheriff Fire Inspector The Board of Commissioners on the - day of (Approved, Disapproved) the forgoing application. 1\ltlllllllll S ,tltillt L -4.- tgr Ar Qlauro Administrator Date in the year - Commission Meeting Agenda 9/6/2022 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Ownership-Existing Location: A.N. 22-61: A request by Albert Gross for a consumption on premise Liquor, Beer, & Wine License to be used in connection with Augusta Cigar Club located at 722 Broad St. District 1. Super District 9.(Approved by Public Services Committee August 30, 2022) Background:This is a new ownership application. Formerly in the name of Keith Parker. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a pro-rated fee of $2,223.50. 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 PTANNING & DEVELOPMENT DEPARTMENT STAFF REPORT Case Number:A.N.22-61 Application Type: Consumption on Premise Liquor, Beer & Wine Business Name: Augusta Cigar Club Hearing Date:August 30,2022 Report Prepared By: Julietta H. Walton, Business License & Customer Service Manager Applicant: Property Owner: Albert Gross Mayo Place Properties LLC 722 Broad ST 047-1-0s5-00-0 District: 1 Super District: 9 Existing Location Address of Property: Tax Parcel #: Commission District: Background ANALYSIS: Location restrictions: zoning and proximity to churches, libraries, schools, and public recreation areas. o Zoning: B-2 (General Business)Zone o Distance Requirements: The proposed location for consumption on premise Liquor, Beer & Wine meets the minimum distance location to churches, schools, libraries, and public recreation areas. ADDIT!ONAL CONS! DERATIONS: a Reputation, character. The applicant's reputation, character, trade and business associations or past business ventures, mental and physical capacity to conduct business. Previous violations of liquor laws. lf the applicant is a previous holder of a license to sell alcoholic liquors, whether he has violated any laws, regulations or ordinance relating to such business. Manner of conducting prior liquor business. lf the applicant is a previous holder of a license to sell alcoholic liquors, the manner in which he conducted the business thereunder especially as to the necessity for unusual police observation and inspection to prevent the violation of any law, regulation or ordinance relating to such business. a a a a a a a a a Location. The location for which the license is sought, as to traffic congestion, general character of neighborhood, and the effect such an establishment would have on the adjacent surrounding property values. o The proposed Iocation is a Cigar Lounge Number of licenses in a trading area. The number of licenses already granted for similar business in the trading area of the place for which the license is sought. Dancing. lf dancing is to be permitted upon the premise for which the license is sought and the applicant has previously permitted dancing upon the premises controlled or supervised by him, the manner in which he controlled or supervised such dancing to prevent any violation of any law, regulation, or ordinance. Previous revocation of Iicense. lf the applicant is a person, whose license issued under the police powers of any governing authority has been previously suspended or revoked or who has previously had an alcoholic beverages licenses suspended or revoked. Payment of taxes. lf the applicant and business are not delinquent in the payment of any local taxes. Congregation of minors. Any circumstances, which may cause minors to congregate in the vicinity of the proposed location, even if the location meets the distance requirement under section 6-2-64 (b) herein. Prior incidents. Evidence that a substantial number of incidents requiring police intervention have occurred within a square city block of the proposed location during the twelve (12) months immediately preceding the date of application. Previous Denial or Revocation. The denial of an application or revocation of a license, occurring within the preceding twelve (12) months, which was based on the qualifications of the proposed location. FINANCIAI IMPACT: The applicant will pay a pro-rated fee of $2,223.50 RECOMMENDATION: The Planning & Development approved the application subject to additional information not contradicting the applicant's statements. The Sheriffs Office approved the application subject to additional information not contradicting applicant's statements. Note: The staff report includes the information available approximately two weeks prior to the public Services Committee meeting. lt represents an evaluation of the facts presented by the applicant, research done by the staff, and consideration of the relevant factors in the Comprehensive Zoning Ordinance and the Alcohol Ordinance of Augusta, Georgia. New facts may emerge, and staff reserves the right to make an oral recommendation at the hearing based on all the information available at that time. Augusta-Richmond county Planning & Development Department 1803 Marvin Griffin Road Augusta, GA. 30906 ALCOHOL BEVERAGE APPLICATION Alcohol Number ==.=_---.- year __-- Alcohol Account Number Name of Business State zipBusinessPhone ( )Applicant Name and Address: 1. 2. 3. 4. 5. City L 6 7 8 9 Applicant Social Security # ^ -D.O.BIfApplication is a transfer, lsr prevlous zrpprruanti Business Location: Map & Parcel Zoning Location Manager(s) Is fgplicant an American citizen or Alien lawfully admitted for permanent residency?(v{Yes( ) No OWNERSHIP INFO 10. u 12 Corporation (if applicable): Date Chartered: Mailing Address:?2! Broaal l{ rug*s\LA 13. t4. Ownership Type: ( Corporate Name: ( ) Individual List name and other each person having interest in this business. Name t 7?o \2 e. o h r N 15. Narue of Business Attention Address City/StatelZip oL a,?qo ( )PackageStore ( )HybridI What type of business will youoperate in this location?( ) Restaurant - Full (vfloungc ( ) Convenience Store()() Total License Fee: $ Prorated License Fee: (After July I ONLY) g 16. Have you ever applied for an Alcohol Beverage License before:tJoIlso, give year ofapplication and its disposition: t7 ,rcense lntbrrnation l ,rouor Rem Wlne I)ance letail Package Dealer lonsumption on Premises t.\a \,/ fy'holesale Are you familiar with Ceolgia and Augusta-Richmond County-larys regardine the sale ofalcoholic beverages? (.Vfres ( ) No If so. please initial A. e , 18. 19. Attach a passport-size photograph (front view) taken within two years. Write name on back of the dealer submitting the license application. Has any liquor business in which you hold, or have held, any financial interest, or are employed, or luve been employed, ever been cited for any violation of the rules and regulations of Augusta:-Richmond County or the State Revgnue Commission relaring to the sale and distribution of distilled spirits? ( ) Yes ( t 1 No If yes, give full details 20.Have you ever been arrested, or held by Federal, State, or other law-enforcement authorities, for any violation of any Federal, State, Courrty or Municipal law, regulation or ordinance: (Do not include traffic violations, with the exception of any offenses pertaining to alcoholor drugs). All other charges must be included, €ven il they are dismissed. (12lYes ( )No glve charged or held, date and where charged and its t^ s 21. List owner or owners of building and property ,( o 22. List the name and other required information for each person, firm or corporation having any interest in the business. A/o^)E Ifa new application, attach a surveyor's plat and state the straight line distance from the property line ol school, church, library, or public recreation area to the wall of the building where alcohol beverages are sold. <ob,i.\\e,sl 23 A) Church B) Library C) School D) Public sworn that said statements and answers are true. inlheyear ZoZZ Public 24. State of Georgia, Augusta-Richmond County, I, Do solemnly sear, subject to the penalties of false swearing,that the and answers made by me as the applicant in the true. alcoholic application are Signature25. I hereby certify that is personally known to be, That hdshe rign"a tiVryingto me that he/she knew and understood all statements and answers made herein, and, under oath actually me, ol The Board of Commissioners on the _ day of (Approved, Disapproved) the forgoing application administered bv This g da; in the year _, )epartment lecommmdatinn Approve Deny ,4Comments A,lcohol Inspector i1,-,;ff Fire Inspector Administrator Date Commission Meeting Agenda 9/6/2022 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Ownership-Existing Location: A.N. 22-62: A request by Safi Ullah for a retail package Beer & Wine License to be used in connection with Chattha Corporation located at 2161 Gordon HWY. District 5. Super District 9. (Approved by Public Services Committee August 30, 2022) Background:This is a new ownership application. Formerly in the name of Samaratkumar Brahmbhatt. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a pro-rated fee of $665.00. 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 PLANNING & DEVELOPMENT DEPARTMENT STAFF REPORT Case Number:A.N.22-62 Application Type: Retail Package Beer & Wine Business Name: Chattha Corporation Hearing Date:August 30,2022 Report Prepared By: Julietta H. Walton, Business License & Customer Service Manager Applicant: Propefi Owner: Safi Ullah Sawa Kendra LLC Address of Propertyz 2LGL Gordon HWY Tax Parcel #:068-0-009-00-0 Commission District: District: 5 Super District: 9 Background:Existing Location ANALYSIS: Location restrictions: zoning and proximity to churches, libraries, schools, and public recreation areas. o Zoning: L-l (Light lndustrial)Zone o Distance Requirements: The proposed location for retail package Beer & Wine meets the minimum distance location to churches, schools, libraries, and public recreation areas. ADDITIONAT CONSI DERATIONS: Reputation, character. The applicant's reputation, character, trade and business associations or past business ventures, mental and physical capacity to conduct business. Previous violations of liquor laws. lf the applicant is a previous holder of a license to sell alcoholic liquors, whether he has violated any laws, regulations or ordinance relating to such business. Manner of conducting prior liquor business. lf the applicant is a previous holder of a license to sell alcoholic liquors, the manner in which he conducted the business thereunder especially as to the necessity for unusual police observation and inspection to prevent the violation of any law, regulation or ordinance relating to such business. a a a a Location. The location for which the license is sought, as to traffic congestion, general character of neighborhood, and the effect such an establishment would have on the adjacent surrounding property values. o The proposed Iocation is a Convenience Store Number of licenses in a trading area. The number of licenses already granted for similar business in the trading area of the place for which the license is sought. Dancing. lf dancing is to be permitted upon the premise for which the license is sought and the applicant has previously permitted dancing upon the premises controlled or supervised by him, the manner in which he controlled or supervised such dancing to prevent any violation of any law, regulation, or ordinance. Previous revocation of license. lf the applicant is a person, whose license issued under the police powers of any governing authority has been previously suspended or revoked or who has previously had an alcoholic beverages licenses suspended or revoked. Payment of taxes. lf the applicant and business are not delinquent in the payment of any local taxes. Congregation of minors. Any circumstances, which may cause minors to congregate in the vicinity of the proposed location, even if the location meets the distance requirement under section 6-2-64 (b) herein. Prior incidents. Evidence that a substantial number of incidents requiring police intervention have occurred within a square city block of the proposed location during the twelve (12) months immediately preceding the date of application. Previous Denial or Revocation. The denial of an application or revocation of a license, occurring within the preceding twelve (12) months, which was based on the qualifications of the proposed location. a FINANCIAL IMPACT: The applicant will pay a pro-rated fee of 5665.00 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. Note: The staff report includes the information available approximately two weeks prior to the Public Services Committee meeting. lt represents an evaluation of the facts presented by the applicant, research done by the staff, and consideration of the relevant factors in the Comprehensive Zoning Ordinance and the Alcohol Ordinance of Augusta, Georgia. New facts may emerge, and staff reserves the rightto make an oralrecommendation atthe hearing based on allthe information available atthat time. a a a a a Augusta-Richmond County Planning & Development Department 1803 Marvin Griffrn Road Augusta, GA. 30906 Alcohol Number ALCOHOL BEVERAGE APPLICATION Year Alcohol Account Number l. 2. J. 4. 5. 6. 7. 8. 9. 10. Name of Busin"s Chr.tll^ Cotbrr^fiuo Address 7.161 GalAun Awd City State GA Zip lo9ol Business Phone HomePhoneL_-) Applicant Name and Address: o Applicant Social Security #,_D.O.BIf Application is a transfer, lisr pretnous Appllcanr Business Location: Map & Parcel Zoning Is Applicant an American Citizen or Alien lawfully admitted for permanent residency?(/)Yes( )No OWNERSHIP INFORMATION Corporation (if applicable): Date Charteredt O)- A1- Aoi& l,ocation Manager(s) _ ll. 12.Mailing Address: Name of Business Attention Address City/State/Zip 13. t4. Ownership Type: (./ ) Corporation ( ) Partnership Corporate Name: Cl^lth^. (orlo,tab'o q ( ) Individual List name and other required information for each person having interest in this business. 15 What rype of business will you operate in this location?( )Restaurant-Full ( )Lounge (v)Conveniencestore( )Restaurant-Limited ( )PackageStore ( )Hybrid( ) Other: ,rce-nse lnfbmrtion Ltdtt6t taeer Wine flence sun4av sales Retail Packase Dealer lonsumption on Premises Wholesale Total License Fee: $ Prorated License Fee: (After July I ONLY) $ 16. Have you ever applied for an Alcohol Beverage License before: Ifso, give year ofapplication and its disposition: Name Pacitian ssNo#Address Interest 15't.e^ f: f ,it ^t^cEo Uo tlapoa.r,A rl.a,CFo ,'/_ t7 Are you familiar with Georgia and Augusta-Richmond County laws regarding the sale of alcoholicbeverages? (r)Yes ( ) No If so,please inttial l; l) Attach a passport-size photograph (front view) taken within rwo years. Write name on back of the dealer submitting the license application. Has any liquor business in which you hold, or have held, any financial interest, or are employed, or have been employed, ever been cited for any violation of the rules and regulations of Augusta=-Richmond County or the State Revenue Commission relating to the sale and distribution of distilled spirits? ( ) Yes (1') No If yes, give tull details: Have you ever been arrested, or held by Federal, State, or other law-enforcemeRt authorities, for any violation of any Federal, State, County or Municipal law, regulation or ordinance: (Do not include traffic violations, with the exception of any offenses pertaining to alcohol or dnrgs). All other charges must be included, even if they are dismissed. ( ) Yes (.1) No If yes, give reason charged or held, date and place where charged and its disposition. 21. List owner or owners of building and property List the name and other required information for each person, firm or corporation having any interest in the business. Ifa new application, attach a surveyor's plat and state the straight line distance from the property line of school, church, library, or public recreation area to the wall of the building where alcohol beverages are sold. A) church - B) Library -- C) School D) Public Recreation 24. State of Georgia, Augusta-Richmond County, I, Do solemnly sear, subject to the penalties offalse swearing, that the statements and answers made by me as the applicant in the forgoing alcoholic beverage application areru l8 19. 20. true. 25. I hereby ""nrrr,nu, o*"""* tt** is personally That hdshe signed hiVher name to the forgoing allocation stating to m€ that and understood all statements and answers made herein, and, under 22. 23. me,swom that statements and answers of The Board of Commissioners on the - day of (Approved, Disapproved) the forgoing application administered bv rr,is ll, day Public in the year _ Deny CommentsDepadment Rrnmmmdatinn Approve Alcohol Inspector rL^iff iire lnspector Administrator Date Commission Meeting Agenda 9/6/2022 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Ownership-Existing Location: A.N. 22-63: A request by Safi Ullah for a retail package Beer & Wine License to be used in connection with Sultan Corporation located at 1200 Interstate PKWY. District 3. Super District 10.(Approved by Public Services Committee August 30, 2022) Background:This is a new ownership application. Formerly in the name of Samaratkumar Brahmbhatt. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a pro-rated fee of $665.00. 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 PLANNING & DEVETOPMENT DEPARTMENT STAFF REPORT Case Number:A.N.22-63 Application Type: Retail Package Beer & Wine Business Name: Sultan Corporation Hearing Date:August 30,2022 Report Prepared By: Julietta H. Walton, Business License & Customer Service Manager Applicant: Propefi Owner: Safi Ullah Farrah & Maya LLC Address of Propefi: 1200 lnterstate PKWY Tax Parcel #:030-0-230-01-0 Commission District: District: 3 Super District: 10 Background Existing Location ANALYSIS: Location restrictions: zoning and proximity to churches, libraries, schools, and public recreation areas. Zoning: B-2 (General Business)Zone Distance Requirements: The proposed location for retail package Beer & Wine meets the minimum distance location to churches, schools, libraries, and public recreation areas. ADD!T!ONAL CONSIDERAT!ONS: Reputation, character. The applicant's reputation, character, trade and business associations or past business ventures, mental and physical capacity to conduct business. Previous violations of liquor laws. lf the applicant is a previous holder of a license to sell alcoholic liquors, whether he has violated any laws, regulations or ordinance relating to such business. Manner of conducting prior liquor business. lf the applicant is a previous holder of a license to sell alcoholic liquors, the manner in which he conducted the business thereunder especially as to the necessity for unusual police observation and inspection to prevent the violation of any law, regulation or ordinance relating to such business. a a a a a o Location. The location for which the license is sought, as to traffic congestion, general character of neighborhood, and the effect such an establishment would have on the adjacent surrounding property values. o The proposed location is a Convenience Store o Number of licenses in a trading area. The number of licenses already granted for similar business in the trading area of the place for which the license is sought. o Dancing. lf dancing is to be permitted upon the premise for which the license is sought and the applicant has previously permitted dancing upon the premises controlled or supervised by him, the manner in which he controlled or supervised such dancing to prevent any violation of any law, regulation, or ordinance. o Previous revocation of ticense. lf the applicant is a person, whose license issued under the police powers of any governing authority has been previously suspended or revoked or who has previously had an alcoholic beverages licenses suspended or revoked. Payment of taxes. lf the applicant and business are not delinquent in the payment of any local taxes. o Congregation of minors. Any circumstances, which may cause minors to congregate in the vicinity of the proposed location, even if the location meets the distance requirement under section 6-2-64 (b) herein. o Prior incidents. Evidence that a substantial number of incidents requiring police intervention have occurred within a square city block of the proposed location during the twelve (12) months immediately preceding the date of application. o Previous Denial or Revocation. The denial of an application or revocation of a license, occurring within the preceding twelve (12) months, which was based on the qualifications of the proposed location. FINANCIAI IMPACT: The applicant will pay a pro-rated fee of 5555.00' RECOMMENDATION: The Planning & Development approved the application subject to additional information not contradicting the applica nt's statements. The Sheriff s Office approved the application subject to additional information not contradicting applicant's statements. Note: The staff report includes the information available approximately two weeks prior to the Public Services Committee meeting. lt represents an evaluation of the facts presented by the applicant, research done by the staff, and consideration of the relevant factors in the Comprehensive Zoning Ordinance and the Alcohol Ordinance of Augusta, Georgia. New facts may emerge, and staff reserves the right to make an oral recommendation at the hearing based on all the information available at that time. (-Augusta-Richmond County Planning & Development Department 1803 Marvin Griffin Road Augusta, GA. 30906 ALCOHOL BEVERAGE APPLICATION year - Alcohol Account Number /l'// - l3loD l. 2. J. 4. 5. Alcohol Number Name of Business Business Address City State Zip Business @A3J Horne Phone (_-) Applicant Name and ., Applicant Social Security #.D.O.E If Application is a transfer, l,o. 1,ro'rrro ^ppusanr: Business Location: Map & Parcel Zoning Location Manager(s) Is Applicant an American citizen or Alien lawt'ully admitted for permanent residency?(r') Yes( ) No OWNERSHIP INFORMATION 6 7 8. 9. 10. 11. 12. l3 l4 C6/ Corporation (if applicable): Mailing Address: Name of Business Attention Address City/State/Zip Ownership Type: (r') Date Chartered: a7-\1-a-11 Corporate Name:(,,110a ( ) Partnership 4otalian ( ) Individual t List name and other required information for each person having interest in this business. 15.What type of business will you operate in this location?( ) Restaurant - Full ( ) Lounge (y') Convenience Store( )Restaurant-Limited ( )packageStore ( )Hybrid( ) Other: ,icense Information Lrouor Rer Wrne I)ence Sundav Salesuf-Retail Package Dealer Total License Fee: $ Prorated License Fee: (Atter July I ONLY) $ 16. Have you ever applied for an Alcohol Beverage Licensebefore: N^lf so, give year of application and its disposition: Name Position SSNO#Address Interest lo"'/-Sol; t/rr^k cEo g6g Yl Lolaluit t7 Are you farniliar with Georgia and Augusta-Richmond county laws regarding the sale ofalcoholic beverages? (r') Yes ( ) No If so, please initial iU / 19. Has anv liouor business in which you hold, or have held, any financial interest, or are j '' ;il;i;;;;; ;;., employed ever been cited for any violation of the rules and, ;".fii;',i|i -or nugur,u=_nichmond counry or the_ state Ey"ly" commission relating to thi sale and distribution of distitled spirits? ( ) Yes ('/) No 18.Attach a passport-size photograph (front view) taken within two years. Write name on back of the dealer submitting the license application. 20. Have You ever been arrested, or held by Federal'State, or other law-enforcement authorities,for any violation of anY Federal, State. CountY or Municipal law, regulation or ordinance: (Do not include traffic violations. with the exception of anY offenses pertaining to alcohol or drugs).A11 other charges must be included, even if theY are dismissed. ( ) Yes ()$No If yes, give reason charged or held, date and place where charged and its disposition' 21 . List owner or owners of building and property 22. List the name and other requirsd information for each person, firm or corporatlon having any interest in the business. 23. Ifa new aPPlication,attach a surveYor's Plat and state the straight line distance from the property line of school,church, library, or public recreation area to the wall of the building where alcohol beverages are sold' A) Church c)School B) Library D) Public Recreation 24. State of Georgia,County, I, Do solemnly sear, subject to the penalties of false swearing, that the statements and answers made bY me as the applicant in the forgoing alcoholic beverage application are true. Applicant Signature is personallY known to be,25. I herebY certifY That he/she signed hiVher name to the forgoing allocation stating to me that he/she knew and understood all statements and answers made herein, and,under oath actually by me,swom that said statements and answers are day of in the Public F. J lt The Board of Commissioners on the - day of (Approved, Disapproved) the forgoing application in the year -. CommentsDeny Daaammdatinn Department Approve {lcohol Inspector rl-^-:s iire lnspector Administrator Date Commission Meeting Agenda 9/6/2022 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Ownership-Existing Location: A.N. 22-64: A request by Asad Rehman for a retail package Beer & Wine License to be used in connection with Rehman Asad, INC located at 3671 Peach Orchard RD. District 6. Super District 10.(Approved by Public Services Committee August 30, 2022) Background:This is a new ownership application. Formerly in the name of Samarakumar Brahmbhatt. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a pro-rated fee of $665.00. 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 PTANNING & DEVETOPMENT DEPARTMENT STAFF REPORT Case Number:A.N.22-64 Application Type: Retail package Beer & Wine Business Name: Rehman Asad, INC Hearing Date:August 30,2022 Report Prepared By: Julietta H. walton, Business License & customer service Manager Applicant: Propefi Owner: Asod Rehmon Sawa Kendra LLC Address of Propefiz 367L peach Orchard RD Tax Parcel #:155-0-050-05-0 Commission District: District: 6 Super District: 10 Background:Existing Location ANALYSIS: Location restrictions: zoning and proximity to churches, libraries, schools, and publicrecreation areas. o Zoning: L-t (Light tndustrial)Zone o Distance Requirements: The proposed location for retail package Beer & Wine meets the minimum distance location to churches, schools, libraries, and public recreation areas. ADDITIONAT CONSTDERATTONS: Reputation, character. The applicant's reputation, character, trade and business associations orpast business ventures, mental and physical capacity to conduct business. Previous violations of liquor laws. lf the applicant is a previous holder of a license to sell alcoholic liquors, whether he has violated any laws, regulations or ordinance relating to such business. Manner of conducting prior liquor business. lf the applicant is a previous holder of a license tosell alcoholic liquors, the manner in which he conducted the business thereunder especially asto the necessity for unusual police observation and inspection to prevent the violation of anylaw, regulation or ordinance relating to such business. a a a a a a a Location. The location for which the license is sought, as to traffic congestion, general characterof neighborhood, and the effect such an establishment would have on the adjacent surrounding property values. o The proposed location is a Convenience Store Number of licenses in a trading area. The number of licenses already granted for similar business in the trading area of the place for which the license is sought. Dancing. lf dancing is to be permitted upon the premise for which the license is sought and theapplicant has previously permitted dancing upon the premises controlled or supervised by him, the manner in which he controlled or supervised such dancing to prevent any violation of anylaw, regulation, or ordinance. Previous revocation of license. lf the applicant is a person, whose license issued under thepolice powers of any governing authority has been previously suspended or revoked or who haspreviously had an alcoholic beverages licenses suspended or revoked. payment of taxes. If theapplicant and business are not delinquent in the payment of any local taxes. Congregation of minors. Any circumstances, which may cause minors to congregate in the vicinity of the proposed location, even if the location meets the distance requirement undersection 6-2-64 (b) herein. Prior incidents. Evidence that a substantial number of incidents requiring police intervention have occurred within a square city block of the proposed location during the twelve (12) monthsimmediately preceding the date of application. Previous Denial or Revocation. The denial of an application or revocation of a license, occurringwithin the preceding twelve (12) months, which was based on the qualifications of the proposed location. a a a F|NANclAt IMPACT: The applicant will pay a pro-rated fee of s065.00. RECOMMENDATTON: The Planning & Development approved the application subject to additional information not contradicting the applicant's statements. The Sheriffs office approved the application subject to additional information not contradicting applicant's statements. Note: The staff report includes the information available approximately two weeks prior to the public Services Committee meeting. lt represents an evaluation of the facts presented by the applicant, research done by the staff, and consideration of the relevant factors in the Comprehensive Zoningordinance and the Alcohol ordinance of Augusta, Georgia. New facts may emerge, and staff reservesthe right to make an oral recommendation at the hearing based on all the information available at thattime. I 2 3 4 5 Augusta-Richmond county planning & Development Department 1803 Marvin Griffin Road Augusta, GA. 30906 ALCOHOL BEVERAGE APPLICATION Alcohol Number - year _ Alcohol Account Nu^ae, ,0efi - /Z f I Name of Business Business Address 8. 9. Business Location: Map & parcel Location Manager(s) Zouing 10. 6 7 Is Applicant an American citizen or Alien lawfulry admitted for permanent residency?(rz) Yes( ) No OWNERSHIP INFORMATIONll. 12. Corporation (if applicable): Date Cha(ered: n1-8- Ao?, )Mailing Address: Name of Business Attention Address City/State/Zip t3. t4. (v)( ) Partnership ( ) Individual List name and other required information for each person having interest in this business. Name Ag.l ,r Roh^^ 15. What type of business will you operate in this location?( ) Restaurant -Full ( )Lounge (f Convenience Store( ) Restaurant -- timited ( ) Package Store ( ) Hybrid( ) Other: Total License Fee: $ Prorated License Fee: (AfterJuly I ONLy) $ Ownership Type: Corporate Name: s Jcense lntbrmation I -idrror tlee.r Wrne Dance Sundav SeRetail Package Dealer 16.Have you ever applied for an Alcohol Beverage Licensebefore: Va 18 19. 20. h. Attach a passport-size photograph (front view) taken within two years. Write name on back of the dealer submitting tlre license application. Has any liquor business in which you hold, or have held, any financial interest, or are employed, or have been employed, ever been cited for any violation of the rules and regulations of Augusta=-Richmond County or the State Revenue Cornmission relating to the sale and distribution of distilled spirits? ( ) Yes M No If yes, give full details: Have you ever been arrested, or held by Federal, State, or other law-enforc€ment authorities, for any violation of auy Federal, State, County or Municipal law, regulation or ordinance: (Do not include tralfic violations, with the exception of any offenses pertaining to alcohol or drugs). All other charges must be included, even if they are dismissed. ( )Yes (rzlNo If yes, give reason charged or held, date and place where charged and its disposition' Zl. List owner or owners of building and property. List the name and other required information for each person, firm or corporation having any interest in the business. If a new application, attach a surveyor's plat and state the straight line distance frorn the property line of school, church, library, or public recreation area to the wall of the building where alcohol beverages are sold. A) Church B) Library C) School D) Public Recreation -- State of Georgia, Augusta-Richmond County, I, Do solemnly sear, subject to the penalties of false swearing, that the statements and answers made by me as the applicant in the forgoing true. beverage application are 25. I hereby certify that is personally known to be, That he/she sigrred his/hbr name to the forgoing allocation stating to me tlrat he/she knew and understood all staternents and answers made herein, and, under oath actually by me,swom that said statements and answers are true. 4h day of in the year 22. 23. 24. Notary Public ffi'*,,",Approve Deny Comments Alcohol Inspector !L-Jff Fire Inspector The Roard of Conrmissioners on the dav of , in the year Commission Meeting Agenda 9/6/2022 2:00 PM Direct Payment of Aircraft Accident Damages Department:Augusta Regional Airport Department:Augusta Regional Airport Caption:Motion to approve direct payments of aircraft accident damages in the cumulative amount of $63,981.54. Approved by the Augusta Aviation Commission on July 28, 2022.(Approved by Public Services Committee August 30, 2022) Background:The Augusta Regional Airport (AGS) incurred two instances of aircraft damage during the 2022 Masters Golf Tournament Season. They are as follows: On April 8, 2022, jet blast entered the cabin and damaged the interior door of a Gulfstream G550. The costs for inspection, damage reimbursement, and loss of use totaled $32,863.18. On May 25, 2022, while in the process of repositioning a King Air into a hangar, the right elevator came in contact with a support beam in the hangar, causing damage to the aircraft. The costs for damage reimbursement and loss of use totaled $31,118.36. It’s a higher probability that an aircraft damage will occur during the Masters Week due to the pressure to expeditiously park and accommodate arriving/departing aircraft, congestion, and the overall operating environment. However, both of the aforementioned incidents were preventable. The Airport has addressed specific employees and related internal protocols. Analysis:Due to deductible amounts and insurability concerns, it was advised to resolve these two damage claims through Airport funds in lieu of an insurance claim. This approval is required as it exceeds the Airport Executive Director’s spending authority ($25,000). AGS experienced record activity and revenues for the 2022 Masters. Therefore, despite these two incident claims, the overall revenue/expenditure ratio was/is extremely positive. Financial Impact:This project will be funded with Airport Enterprise funds. Alternatives:To Deny. Recommendation: Cover Memo Recommend Approval. Approved by the Augusta Aviation Commission on July 28, 2022. Funds are Available in the Following Accounts: 551081106-5751110 REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 9/6/2022 2:00 PM ITB 22-181A Contract between the Augusta Regional Airport and Independence Excavating, Inc. for the Hangar N1 Taxilane and Ramp Construction Project Department:Augusta Regional Airport Department:Augusta Regional Airport Caption:Motion to approve contract between the Augusta Regional Airport and Independence Excavating, Inc. for the Hangar N1 Taxilane and Ramp Construction Project in the amount of $4,892,410.00. Approved by the Augusta Aviation Commission on July 28, 2022 - ITB 22-181A. (Approved by Public Services Committee August 30, 2022) Background:The pavement area being constructed in this project is proposed to open the northwest portion of the airfield up for future development including hangar design and construction for based and transient aircraft as well as providing additional ramp space for the Airport’s use during heavy traffic times, such as The Master’s golf tournament. This Project’s Base Bid consists of the removal of approximately 1,400 square yards of asphalt pavement, the construction of approximately 13,200 square yards of new cement concrete pavement, construction of 450 linear feet of elliptical storm drain, as well as new electrical elements and pavement markings. Analysis:Staff has provided a Recommendation of Award to the Airport to approve a contract to Independence Excavating, Inc. for the purpose of Constructing the New Hangar N1 Apron and associated connector taxilane. Based on these reviews, Staff recommends awarding the contract to Independence Excavating, Inc. in the amount of $4,892,410.00. Independence Excavating’s unit prices for each of the items and the overall Base Bid amount are in line with the overall current costs in the region along with the volatile market. Financial Impact:This project will be fully funded by a portion of the 2020 Coronavirus Aid, Relief, and Economic Security (CARES) Act Grant. Alternatives:To deny. Recommendation:Recommend Approval. Approved by the Augusta Aviation Commission on July 28, 2022. Funds are Available in the Following Accounts: 551081118-5412110 Cover Memo REVIEWED AND APPROVED BY: Cover Memo Hangar N1 Ramp and Taxilane Issued for Construction Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-0011-045-2020 June 30, 2022 CF-7 CONTRACT THIS CONTRACT made and entered into to be effective ____________, 2022 by and between, AUGUSTA GEORGIA, “Augusta,” a political subdivision of the State of Georgia, acting through the AUGUSTA AVIATION COMMISSION, whose address is 1501 Aviation Way, Augusta Regional Airport at Bush Field, Augusta, Georgia 30906-9600, hereinafter called “Airport”, and Independence Excavating, Inc., hereinafter called “Contractor”. WITNESSETH: WHEREAS, Augusta is the owner and operator of a full-service commercial airport known as the Augusta Regional Airport; WHEREAS, Augusta has solicited a bid for the construction of Augusta Regional Airport Hangar N1 Ramp and Taxilane for the Airport; WHEREAS, the Contractor submitted a bid for said services; and WHEREAS, Augusta, on behalf of the Airport, accepted the Contractor’s Bid for said services; NOW THEREFORE, in consideration of the mutual covenants, promises, and agreements herein contained, Augusta and the Contractor hereby agree as follows: The Contractor’s Services shall be in accordance with the scope of services and all provisions provided herein. ARTICLE 1 SCOPE OF THE WORK 1.1 The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the Plans and described in the specifications for the Project entitled: AUGUSTA REGIONAL AIRPORT HANGAR N1 RAMP AND TAXILANE and in accordance with the requirements and provisions of the Contract Documents as defined in the Provisions hereto attached which are hereby incorporated and made a part of this contract. 1.2 Definitions The following terms have the following meanings whenever used in the Contract Documents (defined below), or in related documents, the terms or pronouns used in place of them shall be defined as follows: Hangar N1 Ramp and Taxilane Issued for Construction Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-0011-045-2020 June 30, 2022 CF-8 1.2.1 Airport Executive Director. The person tasked with the day-to-day operations of the Airport. 1.2.2 Augusta Aviation Commission. The Augusta Regional Airport Aviation Commission tasked with the overall administration of the Airport. 1.2.3 Augusta, Georgia or City or Owner. Augusta, Georgia’s Commission. 1.2.4 Engineer. The Work has been designed by Mead & Hunt, Inc., whose corporate headquarters is located at 2240 Deming Way, Middleton, WI 53562, who is hereinafter called Engineer and who is to assume all duties and responsibilities and have the rights and authority assigned to Engineer in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. 1.2.5 Project. Augusta Regional Airport Hangar N1 Ramp and Taxilane, including, but not limited to, the removal of approximately 1,400 square yards of asphalt pavement, the construction of approximately 13,200 square yards of new cement concrete pavement, construction of 450 linear feet of elliptical storm drain, as well as new electrical elements and pavement markings. 1.2.6 Airport’s Administrator. Airport’s Representative shall be the Airport’s Executive Director or his designee. 1.2.7 Contractor’s Representative(s). The Contractor’s representative (“Contractor’s Representative”) for all dealings with Airport shall be _________________. Contractor’s Representative may be changed upon prior written notice delivered to Owner. 1.3 Subject to controlling law, the Owner will refuse to permit the Contractor to use any employee on this job if the Owner reasonably deems that individual unfit to work at the Airport facilities in any respect. 1.4 All Contractor employees shall strictly adhere to Airport regulations while on the Airport premises, including but not limited to Augusta, Georgia, County, and Transportation Security Authority (TSA) and Federal Aviation Administration (FAA) regulations governing access to buildings, personal conduct, and possession of prescribed substances, parking, and traffic. The Owner reserves the right to require the removal of Contractor employees from the Project. 1.5 Design, Standards and Practices. The design, strength, quality of materials and workmanship must conform to the highest standards of construction practices and/or services. Hangar N1 Ramp and Taxilane Issued for Construction Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-0011-045-2020 June 30, 2022 CF-9 ARTICLE II TERM 2.1 The Contractor must begin work within ten (10) calendar days of receiving the Notice to Proceed (NTP) from the Owner. It is anticipated the NTP will be issued __________. The Contractor will mobilize with sufficient forces such that all work is completed within one hundred and eighty (180) calendar days after the issuance of the NTP. Contract time charges will begin as set forth in Section 80 of the General Provisions 2.2 Contractor working times shall be as designated on the Construction Safety & Phasing Plan sheets in the Construction Drawings. At the Owner’s discretion, work times may be further restricted. 2.3 For additional details please review Section 80 of the attached Specifications. 2.4 It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that the date of beginning, rate of progress and the time for completion of the work to be done hereunder are ESSENTIAL CONDITIONS of this Contract. Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed by and between the Contractor and the Owner, that the time for the completion of the work described herein is a reasonable time for the completion of the same, taking into consideration the average climatic range and construction conditions prevailing in this locality. 2.5 It is further agreed that time is of the essence of each and every portion of this Contract and the specifications wherein a definite portion and certain length of time is fixed for the performance of any act whatsoever; and where under the Contract an additional time is allowed for the completion of any work, the new time limit fixed by extension shall be the essence of the Contract. ARTICLE III LIQUIDATED DAMAGES 3.1 The Contractor acknowledges that time is of the essence with respect to the Work governed by the Contract. The Contractor acknowledges and recognizes that if it fails to achieve Substantial Completion of any portion of the Work within the Contract Time as may be extended in accordance with the terms of this Contract, the Owner will sustain substantial losses as a result of such failure. The Contractor further acknowledges that the Owner will suffer damages that are difficult, if not impossible, to accurately estimate. The Contractor shall be assessed liquidated damages as set forth in Section 80, Execution and Progress, subsection 80-08. Hangar N1 Ramp and Taxilane Issued for Construction Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-0011-045-2020 June 30, 2022 CF-10 ARTICLE IV PAYMENT 4.1 The Contract Sum The Owner shall pay to the Contractor for completion of the Work in strict accordance with the Contract Documents, and in accordance with the unit bid prices submitted on June 23, 2022, with a contract price of $4,892,410.00. 4.2 Progress Payments 4.2.1 Contractor shall submit Applications for Payment in accordance with Section 90 of the General Provisions but in no case shall submit Applications for Payment more than once per month. Application for Payment will be processed by Engineer as provided in the General Provisions. 4.2.2 Progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as Engineer shall determine, or Owner may withhold, in accordance with Section 90 of the General Provisions. 1) 90% of Work completed as determined by Engineer. 2) 90% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to Owner as provided in paragraph 90-07 of the General Provisions. 4.2.3 Within ten (10) business days of receiving each Application for Payment, the Engineer shall either indicate in writing a recommendation of payment and present the application to the Owner, or return the Application to the Contractor indicating in writing necessary corrections. In the latter case, the Contractor shall make the corrections and resubmit the application. 4.3 Invoices. Contractor shall submit invoices to: Mead & Hunt, Inc. Attn: Edwin Scott 5955 Core Road, Suite 515 North Charleston, SC 29406 Hangar N1 Ramp and Taxilane Issued for Construction Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-0011-045-2020 June 30, 2022 CF-11 4.4 Retainage and Partial Payments. If payment request is approved by the Owner, the approved payment request shall be submitted to the Owner’s Finance Department for processing on or before the fifth day of the following month, and payment (less retainage) shall be made to the Contractor thirty (30) calendar days after the date the approved payment request is received by the Owner’s finance department. If a payment request is not approved by the Owner, then no payment shall be made to the Contractor until such time as the Owner approves the payment request. The amount of retainage shall be as follows: 4.4.1 Ten percent (10%) of each partial payment shall be withheld as retainage until the value of fifty percent (50%) of the Contract Price, including Change Orders and other authorized additions provided in the Contract, is due; 4.4.2 When fifty percent (50%) of the Contract Price, as described above, becomes due and the manner of completion of the Work and its progress, quality, schedule are reasonably satisfactory to the Owner, and there are no outstanding claims by the Contractor, subcontractors or material suppliers, the withholding of retainage shall be discontinued. 4.4.3 If after discontinuing retainage, the Owner determines that the Work is unsatisfactory or has fallen behind schedule, withholding of ten percent (10%) of each request for payment may be resumed. When the Work has reached Substantial Completion and the Owner determines the Work to be reasonably acceptable, the Contractor shall submit an invoice or other documents as may be required and receive payment thereof within thirty (30) calendar days. If there are any remaining incomplete minor items, an amount equal to two hundred percent (200%) of the value of each item, as determined by the Owner, shall be withheld until such items are complete; 4.4.4 The Contractor shall within ten (10) calendar days from its receipt of retainage from the Owner pass through payments to Subcontractors and shall reduce each Subcontractor’s retainage in the same manner as the Contractor’s retainage is reduced by the Owner. The Subcontractor shall within ten (10) calendar days from the Subcontractor’s receipt of retainage pass through payments to lower tier subcontractor’s and shall reduce each lower tier subcontractor’s retainage in the same manner as the Subcontractor’s retainage is reduced. Hangar N1 Ramp and Taxilane Issued for Construction Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-0011-045-2020 June 30, 2022 CF-12 4.4.5 The Contractor and Owner agree to abide by all applicable provisions of Georgia State Law concerning retainage, including but not limited to O.C.G.A. §13-10-80. If the terms of this Contract concerning retainage conflict with Georgia State Law, Georgia State Law shall govern. ARTICLE V FINAL INSPECTION 5.1 Upon notice from the Contractor that the Work is completed, the Owner shall make a Contractor during the course of final inspection of the Work and shall notify the Contractor of all instances where the Work fails to comply with the Drawings and Specifications, as well as any defects the Owner may discover. At no cost to the Owner, the Contractor shall immediately make such alterations as are necessary to bring the Work into compliance with the Contract, the Drawings, and Specifications. ARTICLE XI ACCEPTANCE AND FINAL PAYMENT 6.1 Final Payment. Upon final completion and acceptance of the Work in accordance with Section 50 of the General Provisions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said paragraph 90-09. 6.2 Before final payment is due the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with the work have been paid, except that in case of disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety bond satisfactory to the Owner guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. 6.3 The making and acceptance of the final payment shall constitute a waiver of all claims by the Owner other than those arising from unsettled liens, from faulty work appearing within twelve (12) months after final payment, from requirements of the specifications, or from manufacturers' guarantees. It shall also constitute a waiver of all claims by the Contractor except those previously made and still unsettled. 6.4 If after the Work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Engineer, so certifies, the Owner shall upon certificate Hangar N1 Ramp and Taxilane Issued for Construction Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-0011-045-2020 June 30, 2022 CF-13 of the Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. ARTICLE VII CHANGES 7.1 The Owner may, during the Contract period, make changes to the Scope of Work, which may result in changes to the general scope of the Contract and its provisions. 7.2 Written/verbal agreements, changes, or amendments to this Contract shall not be binding upon the Owner unless approved and signed by the Owner in advance of performing work. 7.3 Contractor acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Augusta Aviation Commission or Augusta, Georgia Board of Commissioners and approval of the Mayor. Under Georgia law, Contractor is deemed to possess knowledge concerning Augusta, Georgia's ability to assume contractual obligations and the consequences of Contractor's provision of goods or services to Augusta, Georgia under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that the Contractor may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Contractor agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if the Contractor provides goods or services to Augusta, Georgia in excess of the any contractually authorized goods or services, as required by Augusta, Georgia's Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods or services provided by Contractor. Contractor assumes all risk of non-payment for the provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized, including, without limitation, all remedies at law or equity. Hangar N1 Ramp and Taxilane Issued for Construction Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-0011-045-2020 June 30, 2022 CF-14 ARTICLE VIII INSURANCE 8.1 During the term of this Contract, Contractor shall provide, pay for, and maintain with companies reasonably satisfactory to the Owner the types of insurance as set forth in the Augusta Code, and Georgia Law as the same may be amended from time to time, and as described herein. All insurance shall be issued by insurance companies eligible to do business in the State of Georgia and Best Rated A+ or equivalent. In the event of a conflict between the provisions of the Augusta Code and this Contract, the more stringent requirement shall govern. In no event shall Contractor maintain any insurance less than the requirements set forth in the Augusta Code, as amended. 8.2 All liability policies of Contractor and its subcontractors shall provide coverage that includes, or has the same substantive effect as the following: 8.2.1 Augusta, Georgia, the Augusta Aviation Commission, and each of its Commissioners, officers, agents, elected representatives, volunteers, and employees, in their respective capacities as such, shall be additional insured hereunder with respect to the products, premises, and operations of the named insured. 8.2.2 This insurance policy shall apply as primary, and any insurance and/or self-insurance as may be maintained by the Augusta, the Augusta Aviation Commission, or its Commissioners, officers, agents, elected representatives, volunteers, and employees shall apply in excess of, and shall not contribute with insurance provided by this policy.” 8.2.3 This insurance shall not be materially changed, altered, canceled, or non-renewed until after thirty (30) calendar days advanced written notice has been given to Augusta, Georgia except that only ten (10) calendar days’ notice shall be required in the event of cancellation due to non-payment of premium. 8.3 All such evidence of insurance shall be in the form of certificates of insurance satisfactory to the Augusta and its Risk Manager, accompanied by a certified true copy of an endorsement to each policy containing the above language. Properly executed certificates of insurance shall evidence the insurance coverage and limits required. The authorized representative of the insurance company shown on the certificate shall sign these certificates. The required policies of insurance shall comply with the laws of the State of Georgia. Hangar N1 Ramp and Taxilane Issued for Construction Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-0011-045-2020 June 30, 2022 CF-15 8.4 If at any time the Executive Director requests a written statement from the insurance company as to any impairment to the aggregate limit, Contractor shall promptly authorize and have delivered such statement to the Augusta Aviation Commission. Contractor authorizes the Augusta Aviation Commission and/or the Augusta’s Risk Manager to confirm with Contractor’s insurance agents, brokers, and insurance companies all information furnished. 8.5 The acceptance of delivery to the Owner of any certificate of insurance evidencing the insurance coverage and limits required under this Contract does not constitute approval or acceptance by the Owner that the insurance requirements in this Contract have been met. No operations shall commence at the Airport unless and until the required certificates of insurance are in effect and approved by the Augusta’s Risk Manager. 8.6 The Contractor and the Owner understand, and agree that the minimum limits of the insurance herein required may, from time to time, become inadequate, and Contractor agrees that it will increase such minimum limits upon receipt of written notice defining the basis of the increase. The Contractor shall furnish the Owner, within sixty (60) calendar days of the effective date thereof, a certificate of insurance evidencing that such insurance is in force. 8.7 Contractor’s insurance companies or its authorized representative shall give the Owner thirty (30) calendar days prior written notice of any cancellation, intent not to renew, or material reduction in any policy’s coverage, except in the application of the Aggregate Limit Provisions. In the event of a reduction to the Aggregate Limit, it is agreed that immediate steps will be taken to have the prior Aggregate Limit reinstated. 8.8 If at any time, the Airport Executive Director requests a written statement from the insurance companies as to any impairment(s) to the Aggregate Limit, prompt authorization and delivery of all requested information will be given to the Augusta Aviation Commission. Renewal Certificates of Insurance must be provided to the Owner as soon as practical but in every instance prior to expiration of current coverage. Hangar N1 Ramp and Taxilane Issued for Construction Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-0011-045-2020 June 30, 2022 CF-16 8.9 The amounts and types of insurance shall conform to the following minimum requirements with the use of Insurance Service Office policies, forms, and endorsements or broader, where applicable. Notwithstanding the foregoing, the wording of all policies, forms, and endorsements must be reasonably acceptable to the Owner. 8.10 Workers’ Compensation and Employer’s Liability Insurance shall be maintained in force by Contractor during the term of this Contract for all employees engaged in the operations under this Contract. The limits of coverage shall not be less than: Workers’ Compensation Georgia Statutory Employer’s Liability $1,000,000.00 Limit Each Accident $1,000,000.00 Limit Disease Aggregate $1,000,000.00 Limit Disease Each Employee 8.11 Commercial General Liability – Occurrence Form. Policy shall include bodily injury, property damage, personal injury and broad form contractual liability coverage with limits no less than five million dollars ($5,000,000.00) in Broad Form Comprehensive General Liability insurance. 8.12 Automobile Liability Insurance. For any vehicles authorized in writing by the Executive Director to operate on the Aircraft Operating Area (AOA) of the Airport, Automobile Insurance in the minimum amount of Five Million Dollars ($5,000,000.00) combined single limit coverage. If the Contractor's Comprehensive General Liability coverage includes vehicular operations on the Airport, separate automobile insurance shall not be required. The foregoing insurance shall be endorsed to state that it will be primary to the Augusta, Georgia and the Augusta Aviation Commission's insurance and that the carrier waives its right of subrogation against Augusta, Georgia, the Augusta Aviation Commission, and their officers, agents, elected and appointed officials, representatives, volunteers, and employees. Augusta, Georgia, the Augusta Aviation Commission, and their officers, agents, employees, elected and appointed officials shall be added as additional insureds on said policies. Said policy shall contain Severability of Interest Clause and shall include contractual liability coverage at least as broad as that given in the most current CA 00 01 ISO form. Hangar N1 Ramp and Taxilane Issued for Construction Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-0011-045-2020 June 30, 2022 CF-17 8.13 Excess Liability: $2,000,000.00 Policy must follow form of General Liability Policy and all insurance together for general liability must total at least a minimum of two million dollars ($2,000,000.00). Any form of underlying and excess policies may satisfy such requirement. 8.14 The Commercial General Liability Insurance coverage as required in the paragraph above shall include those classifications, as listed in Standard Liability Insurance Manuals, which are applicable to the operations of the Contractor in the performance of this Contract. 8.15 Within sixty (60) calendar days of the effective date thereof or any subsequent term, Contractor shall provide Owner with certificate(s) of insurance evidencing that such insurance as described herein be in force. Insurance binder letter(s) or a Certificate(s) of Insurance as described above must be sent to the address below with a copy to the Owner: Augusta, Georgia Risk Management 535 Telfair Street Suite 920 Augusta, GA 30901 (706) 821-2502 (Fax) 8.16 Subcontractors. It is the sole responsibility of the general Contractor to ensure that all subcontractors working under it have separately procured any and all types and limits of insurance that are required under any and all pertinent local, state, or federal ordinances or resolutions that are suitable for the particular trade that the subcontractor is performing. It is also the sole responsibility of the general and/or prime Contractor to ensure that any and all subcontractors or vendors carry types and limits of insurance not less than those listed herein and that the subcontractors and/or vendors carry and/or procure endorsements to waive all subrogation rights against and name “Augusta, Georgia, its appointed and elected Officials, departments, agencies, boards, commissions, its officers, agents, employees and volunteers” as additional insureds. Hangar N1 Ramp and Taxilane Issued for Construction Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-0011-045-2020 June 30, 2022 CF-18 ARTICLE IX AIRPORT SECURITY REQUIREMENTS 9.1 Contractor’s employees shall be required to operate in Airport’s secure areas. Contractor shall be required to obtain the Airport’s Security Identification Display Area (SIDA) badges for any employee working in the secured area. Contractor shall comply, at its own expense, with the Transportation Security Administration (TSA) and the Owner’s security requirements for the Airport including, but not limited to employee training and badges. Contractor shall cooperate with the TSA and the Owner on all security matters and shall promptly comply with any project security arrangements established by the Owner. Compliance with such security requirements shall not relieve Contractor of its responsibility for maintaining proper security for the above-noted items, nor shall it be construed as limiting in any manner Contractor’s obligation with respect to all applicable federal, state and local laws and regulations and its duty to undertake reasonable action to establish and maintain secure conditions at and around the Project and throughout the Airport. All employees shall be properly badged and comply with all Owner’s safety and security rules. 9.2 Any Contractor employees assigned to work in a secured area are required to be “badged” or a “badged” Contractor employee must escort them the entire time they are in these secured areas. 9.3 To qualify for the badge, individual must be fingerprinted and have a background investigation completed. In addition, the Owner will conduct a background inquiry and require finger printing of all individuals who will be working on the secured side of the Airport screening point. This may also include collection of appropriate criminal history information, contractual and business associations and practices, employment histories, reputation in the business community and credit reports for the Contractor, as well as, its employees. 9.4 Contractor consents to such an inquiry and agrees to make available to the Owner such books and records the Owner deems necessary to conduct the review. 9.5 Contractor shall pay all costs associated with providing SIDA badges. 9.6 Contractor shall be responsible for any fines assessed by the FAA or TSA as a result of the actions of its employees or subcontractors. Hangar N1 Ramp and Taxilane Issued for Construction Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-0011-045-2020 June 30, 2022 CF-19 ARTICLE X REPRESENTATIONS AND WARRANTIES In order to induce the Owner to enter into this Contract, Contractor hereby represents and warrants that as of the date above written that: 10.1 Contractor is duly organized and validly existing in good standing under the laws of the State of ________ in which it is organized, is qualified to do business in all jurisdictions in which it is operating, and has the power and authority to execute and deliver and to perform its obligations under this Contract and the documents to which it is signatory; and 10.2 The execution, delivery and performance by Contractor and its undersigned representative(s) of this Contract and other documents to which Contractor is a signatory do not require the approval or consent of any other person, entity or government agency and do not result in any breach of any agreement to which Contractor is a party or by which it is bound; and 10.3 The execution, delivery and performance by Contractor of this Contract and other documents to which it is a signatory have been duly authorized by all necessary action, and constitute legal, valid and binding obligations of Contractor, enforceable against Contractor in accordance with its terms; and 10.4 No action, suit or proceeding to which Contractor is a party is pending or threatened that may restrain or question this Contract, or any other document to which it is a signatory, or the enjoyment of rights or benefits contemplated herein; and 10.5 Contractor has all State of Georgia Licenses and permits required for the performance of the Work and shall only use properly licensed and trained persons to perform such services. ARTICLE XI NOTICES 11.1 Delivery. All notices given by either party to the other under this Contract must be in writing and delivered by: (i) regular mail, postage prepaid; (ii) certified or registered mail; (iii) facsimile; or (iv) hand - delivery, to the parties at the addresses and facsimile numbers set forth in the Clause titled “Addresses”. Hangar N1 Ramp and Taxilane Issued for Construction Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-0011-045-2020 June 30, 2022 CF-20 11.2 Receipt. Notices sent by mail will be deemed to be received upon deposit in the mail, properly addressed. Notices sent by certified or registered mail will be deemed to be received upon the date of the acknowledgment. Notices sent by facsimile will be deemed to be received upon successful transmission to the proper facsimile number. Notices delivered by hand- delivery will be deemed to be received upon acceptance by the respective party or its agent. 11.3 Change of Address or Facsimile Number. Either party may, at any time, change its respective address or facsimile number by sending written notice to the other party of the change. 11.4 Addresses. To OWNER: To CONTRACTOR: Augusta Regional Airport Attn: Executive Director Attn: 1501 Aviation Way Augusta, Georgia 30906 Telephone: (706) 798-3236 Telephone: Fax: (706) 798-1551 Fax: With a copy to: Augusta General Counsel Augusta Richmond County Department of Law 535 Telfair St. Building 3000 Augusta, GA 30901 Fax: (706) 842-5556 ARTICLE XII INDEMNIFICATION AND HOLD HARMLESS 12.1 Except where, and to the extent caused by the gross negligence of Augusta, Georgia, the Augusta Aviation Commission, their agents, employees, contractors, officers or, Contractor shall protect, defend, reimburse, indemnify, and hold Augusta, Georgia, the Augusta Aviation Commission, its members, agents, employees, and elected officers and each of them, free and harmless at all times as set forth in Augusta, Georgia Code, and particularly Article 1, Chapter 3, Division 1, Section 1-3-8.5, Indemnity and Insurance, as the same may be amended from time to time, and described herein. In the event of a conflict between the provisions of the Augusta Code and this Contract, the broader requirement shall govern. Hangar N1 Ramp and Taxilane Issued for Construction Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-0011-045-2020 June 30, 2022 CF-21 ARTICLE XIII PERMITS 13.1 Contractor shall obtain and maintain at all times all necessary licenses, permits and certifications to perform the work described in the Contract. Contractor shall furnish copies of all licenses, permits, and certifications to the Administrator. ARTICLE XIV WORK PERMITS REQUIRED 14.1 Contractor agrees and acknowledges that its employees and agent’s employees, as well as any subcontractors or subcontractors’ personnel, working on the Contract must be United States citizens, or must be lawfully admitted for residence and be permitted to work in the United States under the Immigration and Naturalization Act, 8 U.S.C. 1101, et. seq. ARTICLE XV FEDERAL WORK AUTHORIZATION 15.1 Pursuant to O.C.G.A. §13-10-91 and Georgia Department of Labor Rule 300-10-1-.02, the Owner cannot enter a contract for the physical performance of services unless the Contractor and its Subcontractors register and participate in the Federal Work Authorization Program to verify specific information on all new employees. 15.2 The Contractor certifies that it has complied and will continue to comply with O.C.G.A. §13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. 15.3 The Contractor agrees to sign an affidavit evidencing its compliance with O.C.G.A. §13- 10-91 and Georgia Department of Labor Rule 300-10-1-.02. The signed affidavit is attached to this Contract as an exhibit 15.4 The Contractor agrees that in the event that it employs or contracts with any Subcontractor(s) in connection with this Contract, the Contractor will secure from each Subcontractor an affidavit that indicates the employee-number category applicable to that Subcontractor and certifies the Subcontractor’s current and continuing compliance with O.C.G.A. §13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. Any signed Subcontractor affidavit(s) obtained in connection with this Contract shall be attached hereto as an exhibit. Hangar N1 Ramp and Taxilane Issued for Construction Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-0011-045-2020 June 30, 2022 CF-22 ARTICLE XVI MISCELLANEOUS CONTRACT PROVISIONS 16.1 Independent Contractor/Subcontractor Contractor is acting, in performance of this Contract, as an independent contractor. Personnel supplied by the Contractor or its agents or subcontractors hereunder are not the Owner’s employees or agents and Contractor assumes full responsibility for their acts. Contractor shall be solely responsible for the payment of compensation to Contractor’s employees. The Owner shall not be responsible for payment of Worker’s Compensation, disability benefits, and unemployment insurance or for withholding and paying employment taxes for any Contractor employee, or Contractor’s subcontractors or its agent’s employees, but such responsibility shall be solely that of Contractor. This clause of the contract does not prevent the Airport from requiring Contractor to have its employees follow normal rules and guidelines for work performance, redirecting the efforts of the employees to meet the needs of the facilities, performing safety or from requiring Contractor to perform the requirements of this Contract satisfactorily, according to the General Conditions, Scope of Services, Performance Work Statement, Service Performance Standards and Methods described herein. 16.2 Force Majeure 16.2.1 Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of any such obligation, except the payment of money, is prevented or delayed by any cause, existing or future, which is beyond the reasonable control of the affected party, or by a strike, lockout or other labor difficulty, the settlement of which shall be within the sole discretion of the party involved. 16.2.2 Each party hereto shall give notice promptly to the other of the nature and extent of any Force Majeure claimed to delay, hinder or prevent performance of the services under this Contract. In the event either party is prevented or delayed in the performance of this obligation because of such Force Majeure, there shall be an equitable adjustment of the schedule. In the event there is a fluctuation in the costs or price associated with the project due to occurrence of a force majeure event, such price differential shall be borne by the party claiming the force majeure delay. However, if the party claiming the delay can show good faith efforts to mitigate the costs and demonstrates that the party’s action, inaction, or omission did not contribute Hangar N1 Ramp and Taxilane Issued for Construction Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-0011-045-2020 June 30, 2022 CF-23 to the price or costs fluctuation, said increased costs shall be borne equally by both parties. 16.2.3 Contractor will not be liable for failure to perform or for delay in performance because of Force Majeure, including the following: 16.2.3.1 any cause beyond its reasonable control; 16.2.3.2 any act of God; 16.2.3.3 inclement weather; 16.2.3.4 earthquake; 16.2.3.5 fire; 16.2.3.6 explosion; 16.2.3.7 flood; 16.2.3.8 strike or other labor dispute; 16.2.3.9 any shortage or disruption of or inability to obtain labor, material, manufacturing facilities, power, fuel or transportation from unusual sources, or any other; 16.2.3.10 delay or failure to act of any governmental or military authority; 16.2.3.11 any war, hostility or invasion; 16.2.3.12 any embargo, sabotage, civil disturbance, riot or insurrection; 16.2.3.13 any legal proceedings; or 16.2.3.14 failure to act by Contractor’s suppliers due to any cause which Contractor is not responsible, in whole or in part. 16.2.3.15 any disease, epidemic, or pandemic 16.3 Commercial Activities Neither Contractor nor its employees may establish any commercial activity or issue concessions or permits of any kind to third parties for establishing activities at the Airport. 16.4 Records and Audit Contractor and its subcontractors shall maintain records and accounts in connection with all aspects in the performance of this Contract, including those, which will accurately document incurred costs, both direct and indirect, of whatever nature, during and for a period of three (3) years from the expiration or other termination of this Contract, unless otherwise specified by applicable law. The Owner may examine and copy, at all reasonable times, with advance Hangar N1 Ramp and Taxilane Issued for Construction Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-0011-045-2020 June 30, 2022 CF-24 notification, those records and accounts. Contractor shall maintain all records in a central location in Augusta, Georgia. 16.5 Contingent Fees Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Contract; and that Contractor has not paid or agreed to pay any company, association, corporation, firm or person, other than a bona fide employee working for Contractor, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Contract. For the breach or violation of this warranty and upon a finding after notice and hearing, the Owner may terminate the Contract and, at its discretion, may deduct from the Contract sum, or otherwise recover the full amount of any such fee, commission, percentage, gift or consideration. 16.6 Rights and Remedies The rights and remedies of the Owner provided in this paragraph are not exclusive and are in addition to any other rights and remedies provided by law or under this Contract. 16.7 Non-Appropriations Notwithstanding anything contained in this Contract, if sufficient funds have not been appropriated to support continuation of this Contract for an additional calendar year or an additional term of the Contract, this Contract shall terminate absolutely and without further obligation on the part of the Owner at the close of the calendar year of its execution or if the Owner suspends performance pending the appropriation of funds. 16.8 Assignment Without the prior written consent of the Owner, Contractor may not assign, transfer or convey any of its interests under this Contract, nor delegate any of its obligations or duties under this Contract except as provided herein. 16.8.1 Consent of the Owner Required. Any assignment of this Contract or rights under this Contract, in whole or part, without the prior written consent of the Owner will be void, except that, upon ten-(10) calendar days prior written notice to the Owner, Contractor may assign monies due or to become due under this Contract. Any Hangar N1 Ramp and Taxilane Issued for Construction Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-0011-045-2020 June 30, 2022 CF-25 assignment of monies will be subject to proper setoffs in favor of the Owner and to any deductions provided for in this Contract. 16.8.2 No Relief of Responsibilities. No assignment will be approved which would relieve Contractor of its responsibilities under this Contract. 16.9 Parties Bound. This Contract will be binding upon and inure to the benefit of the Owner and Contractor and their respective successors and assigns. 16.10 No Partnership or Joint Venture. Nothing contained in this Contract will be deemed to create a partnership or joint venture between the Owner and Contractor or cause the Owner to be responsible for the debts or obligations of Contractor or any other party. Contractor must not represent to anyone that its relationship to the Owner is other than as the Owner’s Contractor. Contractor must act as an independent agent and not as the agent of the Owner in performing this Contract and shall maintain complete control over its employees and all of its lower-tier suppliers and subcontractors. Nothing contained in this Contract or any lower tier purchase order or subcontract awarded by Contractor will create any contractual relationship between any lower-tier supplier or subcontractor and the Owner. No act or direction of the Owner shall be deemed to be the exercise of supervision or control of the Contractor’s performance hereunder. 16.11 Waiver The failure of the Owner to seek redress for any violation of or to insist upon the strict performance of, any term of this Contract will not prevent a subsequent violation of this Contract from being actionable by the Owner. The provision in this Contract of any particular remedy will not preclude the Owner from any other remedy. 16.12 Compliance with Applicable Laws and Regulations Contractor covenants and agrees that it, its agents and employees shall comply with all Georgia, county, state, and federal laws, Airport Rules and Regulations, and Augusta, Georgia Ordinances applicable to the work to be performed under this Contract, and that it shall obtain all necessary permits, pay all license fees and taxes to comply therewith. Further, Contractor agrees that it, its agents, and employees will abide by all rules, regulations, and policies of Airport during the term of this Contract, including any renewal periods. Hangar N1 Ramp and Taxilane Issued for Construction Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-0011-045-2020 June 30, 2022 CF-26 16.13 Patent Indemnity Except as otherwise provided, the Contractor shall indemnify Augusta, Georgia and its Board of Commissioners, officers, agents and employees against liability, including costs and expenses for infringement upon any letters or patent of the United States arising out of the performance of this Contract or out of the use or disposal by or for the account of the Owner of supplies furnished or construction work performed hereunder. 16.14 Use of Augusta, Georgia Landfill Contractor shall dispose of all debris and trash from the Airport will be transported to and disposed of at the Augusta, Georgia Solid Waste Landfill in accordance with local and state regulations. The Contractor shall provide evidence of proper disposal through manifests, which shall include the types of material disposed of, the name and location of the disposal facility, date of disposal and all related fees. 16.15 Inspection The Owner may, at reasonable times, inspect the part of the plant, place of business, or work site of a contractor or subcontractor or subunit thereof which is pertinent to the performance of the contract. 16.16 Temporary Suspension or Delay of Performance of Contract To the extent that it does not alter the scope of this Contract the Owner may unilaterally order a temporary stopping of the work or delaying of the work to be performed by the Contractor under this Contact. 16.17 Entire Agreement This Contract, together with all of the attachments shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Contract shall not be binding upon either party except to the extent incorporated in this Contract. Hangar N1 Ramp and Taxilane Issued for Construction Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-0011-045-2020 June 30, 2022 CF-27 16.18 Governing Law This Contract will be construed under Georgia law, including the Georgia Uniform Commercial Code; all remedies available under that code are applicable to this Contract. Contractor and the Owner fix jurisdiction and venue for any action brought with respect to this Contract in Augusta, Georgia. 16.19 Legal Construction If any provision contained in this Contract is held to be invalid, illegal or unenforceable, that invalidity, illegality or unenforceability will not affect any other provision of this Contract and this Contract will be construed as if the invalid, illegal or unenforceable provision had never been contained in this Contract. 16.20 Prior Contracts Superseded This Contract and the attachments constitute the sole and only agreement between Contractor and Owner with respect to the subject matter of this Contract and supersede any prior understandings or written or oral contracts respecting the subject matter of this Contract. 16.21 Counterparts This Contract may be executed concurrently in one or more counterparts, each of which will be deemed an original, but all of which will together constitute one (1) Contract. 16.22 Further Acts Owner and Contractor each agrees to perform any additional acts and execute and deliver any additional documents as may reasonably be necessary in order to carry out the provisions and affect the intent of this Contract. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their appropriate officials, as of the date first written above. [SIGNATURES ON THE FOLLOWING PAGE] Hangar N1 Ramp and Taxilane Issued for Construction Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-0011-045-2020 June 30, 2022 CF-28 AUGUSTA, GEORGIA ____________________________ Hardie Davis, Jr. Mayor Attest: ___________________________ Lena J. Bonner, Clerk of Commission AUGUSTA AVIATION COMMISSION _________________________ James Germany, Aviation Commission Chair Attest: ____________________________ Dereena Harris, Clerk of Augusta Aviation Commission CONTRACTOR _________________________ Sworn to and subscribed before me this ____ day of ___________, 202_. ______________________________ Notary Public My commission expires: ____________ (NOTARIAL SEAL) Commission Meeting Agenda 9/6/2022 2:00 PM ITB 22-240 Recommendation of Award to ER Snell Contractor, Inc. for StandardAero Ramp Rehabilitation Department:Augusta Regional Airport Department:Augusta Regional Airport Caption:Motion to approve recommendation of award to ER Snell Contractor, Inc. and contract in the amount of $2,102,033.60 for ITB 22-240 StandardAero Ramp Rehabilitation, Phase 1. Approved by the Augusta Aviation Commission on July 28, 2022.(Approved by Public Services Committee August 30, 2022) Background:Bids were opened and read publicly on June 30, 2022, at 3:00 pm at the Augusta Procurement Department. Bids were received from ER Snell Contractor Inc. and Reeves Construction Company. In speaking with Airport Staff a week following the bid opening, a discussion was held regarding the multiple options at hand. The current bid could be canceled and re-bid later this year, the project could be repackaged and broken up into different phasing options that could be more affordable, or the project’s base bid could be awarded with the remaining phases being bid at a separate time. Because of the potential that a rebid of the entire project could result in project delays and that a rebid would not necessarily provide lower costs with the instability of the existing market, along with the fact that the funding source expires in approximately 21 months, Airport staff provided direction that they would like to move forward with the award of the base bid. After reviewing and evaluating the unit prices associated with the various construction line items, the costs associated seem to fall within the current market averages seen across the country and specifically within the region for similar projects. Based upon our review and the City’s Procurement Department’s review, we believe ER Snell has submitted a responsive bid and is a responsible, experienced airport pavement rehabilitation contractor. Analysis:Staff’s construction estimate for the Base Bid of this project was $1,054,82.01. ER Snell’s base bid came in at $2,102,033.60. Mead & Hunt has provided justification to the Airport and Procurement Department to accept the low bid. Additionally, because the low bid and corresponding line items are in line with the overall current costs in the region along with the volatile market, and ER Snell’s bid was compliant, Staff recommends award. The item has been presented to and approved by the Augusta Aviation Commission on July 28, 2022. Cover Memo Financial Impact:This project will be fully funded by a portion of the 2020 Coronavirus Aid, Relief, and Economic Security (CARES) Act Grant. Alternatives:To deny. Recommendation:Recommend approval. Approved by the Augusta Aviation Commission on July 28, 2022. Funds are Available in the Following Accounts: 551081118-5412110 REVIEWED AND APPROVED BY: Cover Memo Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-7 CONTRACT THIS CONTRACT made and entered into to be effective ____________, 2022 by and between, AUGUSTA GEORGIA, “Augusta,” a political subdivision of the State of Georgia, acting through the AUGUSTA AVIATION COMMISSION, whose address is 1501 Aviation Way, Augusta Regional Airport at Bush Field, Augusta, Georgia 30906-9600, hereinafter called “Airport”, and ER Snell Contractor, Inc., hereinafter called “Contractor”. WITNESSETH: WHEREAS, Augusta is the owner and operator of a full-service commercial airport known as the Augusta Regional Airport; WHEREAS, Augusta has solicited a bid to Rehabilitate the Standard Aero Ramp for the Airport; WHEREAS, the Contractor submitted a bid for said services; and WHEREAS, Augusta, on behalf of the Airport, accepted the Contractor’s Bid for said services; NOW THEREFORE, in consideration of the mutual covenants, promises, and agreements herein contained, Augusta and the Contractor hereby agree as follows: The Contractor’s Services shall be in accordance with the scope of services and all provisions provided herein. ARTICLE 1 SCOPE OF THE WORK 1.1 The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the Plans and described in the specifications for the Project entitled: AUGUSTA REGIONAL AIRPORT REHABILITATION OF THE STANDARD AERO RAMP – BASE BID and in accordance with the requirements and provisions of the Contract Documents as defined in the Provisions hereto attached which are hereby incorporated and made a part of this contract. 1.2 Definitions The following terms have the following meanings whenever used in the Contract Documents (defined below), or in related documents, the terms or pronouns used in place of them shall be defined as follows: 1.2.1 Airport Executive Director. The person tasked with the day-to-day operations of the Airport. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-8 1.2.2 Augusta Aviation Commission. The Augusta Regional Airport Aviation Commission tasked with the overall administration of the Airport. 1.2.3 Augusta, Georgia or City or Owner. Augusta, Georgia’s Commission. 1.2.4 Engineer. The Work has been designed by Mead & Hunt, Inc., whose corporate headquarters is located at 2240 Deming Way, Middleton, WI 53562, who is hereinafter called Engineer and who is to assume all duties and responsibilities and have the rights and authority assigned to Engineer in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. 1.2.5 Project. Augusta Regional Airport Rehabilitation of the Standard Aero Ramp, including, but not limited to, the removal of approximately 12,000 square yards of asphalt pavement, the construction of approximately 1,500 tons of asphalt concrete pavement, 575 linear feet of new 6” water line and a new fire hydrant, along with new pavement markings and site improvements. 1.2.6 Airport’s Administrator. Airport’s Representative shall be the Airport’s Executive Director or his designee. 1.2.7 Contractor’s Representative(s). The Contractor’s representative (“Contractor’s Representative”) for all dealings with Airport shall be _________________. Contractor’s Representative may be changed upon prior written notice delivered to Owner. 1.3 Subject to controlling law, the Owner will refuse to permit the Contractor to use any employee on this job if the Owner reasonably deems that individual unfit to work at the Airport facilities in any respect. 1.4 All Contractor employees shall strictly adhere to Airport regulations while on the Airport premises, including but not limited to Augusta, Georgia, County, and Transportation Security Authority (TSA) and Federal Aviation Administration (FAA) regulations governing access to buildings, personal conduct, and possession of prescribed substances, parking, and traffic. The Owner reserves the right to require the removal of Contractor employees from the Project. 1.5 Design, Standards and Practices. The design, strength, quality of materials and workmanship must conform to the highest standards of construction practices and/or services. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-9 ARTICLE II TERM 2.1 The Contractor must begin work within ten (10) calendar days of receiving the Notice to Proceed (NTP) from the Owner. It is anticipated the NTP will be issued __________. The Contractor will mobilize with sufficient forces such that all work is completed within one hundred sixty-five (165) calendar days after the issuance of the NTP. Contract time charges will begin as set forth in Section 80 of the General Provisions 2.2 Contractor working times shall be as designated on the Construction Safety & Phasing Plan sheets in the Construction Drawings. At the Owner’s discretion, work times may be further restricted. 2.3 For additional details please review Section 80 of the attached Specifications. 2.4 It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that the date of beginning, rate of progress and the time for completion of the work to be done hereunder are ESSENTIAL CONDITIONS of this Contract. Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed by and between the Contractor and the Owner, that the time for the completion of the work described herein is a reasonable time for the completion of the same, taking into consideration the average climatic range and construction conditions prevailing in this locality. 2.5 It is further agreed that time is of the essence of each and every portion of this Contract and the specifications wherein a definite portion and certain length of time is fixed for the performance of any act whatsoever; and where under the Contract an additional time is allowed for the completion of any work, the new time limit fixed by extension shall be the essence of the Contract. ARTICLE III LIQUIDATED DAMAGES 3.1 The Contractor acknowledges that time is of the essence with respect to the Work governed by the Contract. The Contractor acknowledges and recognizes that if it fails to achieve Substantial Completion of any portion of the Work within the Contract Time as may be extended in accordance with the terms of this Contract, the Owner will sustain substantial losses as a result of such failure. The Contractor further acknowledges that the Owner will suffer damages that are difficult, if not impossible, to accurately estimate. The Contractor shall be assessed liquidated damages as set forth in Section 80, Execution and Progress, subsection 80-08. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-10 ARTICLE IV PAYMENT 4.1 The Contract Sum The Owner shall pay to the Contractor for completion of the Work in strict accordance with the Contract Documents, and in accordance with the unit bid prices submitted on June 30, 2022, with a contract price of $2,102,033.60. 4.2 Progress Payments 4.2.1 Contractor shall submit Applications for Payment in accordance with Section 90 of the General Provisions but in no case shall submit Applications for Payment more than once per month. Application for Payment will be processed by Engineer as provided in the General Provisions. 4.2.2 Progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as Engineer shall determine, or Owner may withhold, in accordance with Section 90 of the General Provisions. 1) 90% of Work completed as determined by Engineer. 2) 90% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to Owner as provided in paragraph 90-07 of the General Provisions. 4.2.3 Within ten (10) business days of receiving each Application for Payment, the Engineer shall either indicate in writing a recommendation of payment and present the application to the Owner, or return the Application to the Contractor indicating in writing necessary corrections. In the latter case, the Contractor shall make the corrections and resubmit the application. 4.3 Invoices. Contractor shall submit invoices to: Mead & Hunt, Inc. Attn: Edwin Scott 5955 Core Road, Suite 515 North Charleston, SC 29406 Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-11 4.4 Retainage and Partial Payments. If payment request is approved by the Owner, the approved payment request shall be submitted to the Owner’s Finance Department for processing on or before the fifth day of the following month, and payment (less retainage) shall be made to the Contractor thirty (30) calendar days after the date the approved payment request is received by the Owner’s finance department. If a payment request is not approved by the Owner, then no payment shall be made to the Contractor until such time as the Owner approves the payment request. The amount of retainage shall be as follows: 4.4.1 Ten percent (10%) of each partial payment shall be withheld as retainage until the value of fifty percent (50%) of the Contract Price, including Change Orders and other authorized additions provided in the Contract, is due; 4.4.2 When fifty percent (50%) of the Contract Price, as described above, becomes due and the manner of completion of the Work and its progress, quality, schedule are reasonably satisfactory to the Owner, and there are no outstanding claims by the Contractor, subcontractors or material suppliers, the withholding of retainage shall be discontinued. 4.4.3 If after discontinuing retainage, the Owner determines that the Work is unsatisfactory or has fallen behind schedule, withholding of ten percent (10%) of each request for payment may be resumed. When the Work has reached Substantial Completion and the Owner determines the Work to be reasonably acceptable, the Contractor shall submit an invoice or other documents as may be required and receive payment thereof within thirty (30) calendar days. If there are any remaining incomplete minor items, an amount equal to two hundred percent (200%) of the value of each item, as determined by the Owner, shall be withheld until such items are complete; 4.4.4 The Contractor shall within ten (10) calendar days from its receipt of retainage from the Owner pass through payments to Subcontractors and shall reduce each Subcontractor’s retainage in the same manner as the Contractor’s retainage is reduced by the Owner. The Subcontractor shall within ten (10) calendar days from the Subcontractor’s receipt of retainage pass through payments to lower tier subcontractor’s and shall reduce each lower tier subcontractor’s retainage in the same manner as the Subcontractor’s retainage is reduced. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-12 4.4.5 The Contractor and Owner agree to abide by all applicable provisions of Georgia State Law concerning retainage, including but not limited to O.C.G.A. §13-10-80. If the terms of this Contract concerning retainage conflict with Georgia State Law, Georgia State Law shall govern. ARTICLE V FINAL INSPECTION 5.1 Upon notice from the Contractor that the Work is completed, the Owner shall make a Contractor during the course of final inspection of the Work and shall notify the Contractor of all instances where the Work fails to comply with the Drawings and Specifications, as well as any defects the Owner may discover. At no cost to the Owner, the Contractor shall immediately make such alterations as are necessary to bring the Work into compliance with the Contract, the Drawings, and Specifications. ARTICLE XI ACCEPTANCE AND FINAL PAYMENT 6.1 Final Payment. Upon final completion and acceptance of the Work in accordance with Section 50 of the General Provisions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said paragraph 90-09. 6.2 Before final payment is due the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with the work have been paid, except that in case of disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety bond satisfactory to the Owner guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. 6.3 The making and acceptance of the final payment shall constitute a waiver of all claims by the Owner other than those arising from unsettled liens, from faulty work appearing within twelve (12) months after final payment, from requirements of the specifications, or from manufacturers' guarantees. It shall also constitute a waiver of all claims by the Contractor except those previously made and still unsettled. 6.4 If after the Work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Engineer, so certifies, the Owner shall upon certificate Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-13 of the Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. ARTICLE VII CHANGES 7.1 The Owner may, during the Contract period, make changes to the Scope of Work, which may result in changes to the general scope of the Contract and its provisions. 7.2 Written/verbal agreements, changes, or amendments to this Contract shall not be binding upon the Owner unless approved and signed by the Owner in advance of performing work. 7.3 Contractor acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Augusta Aviation Commission or Augusta, Georgia Board of Commissioners and approval of the Mayor. Under Georgia law, Contractor is deemed to possess knowledge concerning Augusta, Georgia's ability to assume contractual obligations and the consequences of Contractor's provision of goods or services to Augusta, Georgia under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that the Contractor may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Contractor agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if the Contractor provides goods or services to Augusta, Georgia in excess of the any contractually authorized goods or services, as required by Augusta, Georgia's Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods or services provided by Contractor. Contractor assumes all risk of non-payment for the provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized, including, without limitation, all remedies at law or equity. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-14 ARTICLE VIII INSURANCE 8.1 During the term of this Contract, Contractor shall provide, pay for, and maintain with companies reasonably satisfactory to the Owner the types of insurance as set forth in the Augusta Code, and Georgia Law as the same may be amended from time to time, and as described herein. All insurance shall be issued by insurance companies eligible to do business in the State of Georgia and Best Rated A+ or equivalent. In the event of a conflict between the provisions of the Augusta Code and this Contract, the more stringent requirement shall govern. In no event shall Contractor maintain any insurance less than the requirements set forth in the Augusta Code, as amended. 8.2 All liability policies of Contractor and its subcontractors shall provide coverage that includes, or has the same substantive effect as the following: 8.2.1 Augusta, Georgia, the Augusta Aviation Commission, and each of its Commissioners, officers, agents, elected representatives, volunteers, and employees, in their respective capacities as such, shall be additional insured hereunder with respect to the products, premises, and operations of the named insured. 8.2.2 This insurance policy shall apply as primary, and any insurance and/or self-insurance as may be maintained by the Augusta, the Augusta Aviation Commission, or its Commissioners, officers, agents, elected representatives, volunteers, and employees shall apply in excess of, and shall not contribute with insurance provided by this policy.” 8.2.3 This insurance shall not be materially changed, altered, canceled, or non-renewed until after thirty (30) calendar days advanced written notice has been given to Augusta, Georgia except that only ten (10) calendar days’ notice shall be required in the event of cancellation due to non-payment of premium. 8.3 All such evidence of insurance shall be in the form of certificates of insurance satisfactory to the Augusta and its Risk Manager, accompanied by a certified true copy of an endorsement to each policy containing the above language. Properly executed certificates of insurance shall evidence the insurance coverage and limits required. The authorized representative of the insurance company shown on the certificate shall sign these certificates. The required policies of insurance shall comply with the laws of the State of Georgia. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-15 8.4 If at any time the Executive Director requests a written statement from the insurance company as to any impairment to the aggregate limit, Contractor shall promptly authorize and have delivered such statement to the Augusta Aviation Commission. Contractor authorizes the Augusta Aviation Commission and/or the Augusta’s Risk Manager to confirm with Contractor’s insurance agents, brokers, and insurance companies all information furnished. 8.5 The acceptance of delivery to the Owner of any certificate of insurance evidencing the insurance coverage and limits required under this Contract does not constitute approval or acceptance by the Owner that the insurance requirements in this Contract have been met. No operations shall commence at the Airport unless and until the required certificates of insurance are in effect and approved by the Augusta’s Risk Manager. 8.6 The Contractor and the Owner understand, and agree that the minimum limits of the insurance herein required may, from time to time, become inadequate, and Contractor agrees that it will increase such minimum limits upon receipt of written notice defining the basis of the increase. The Contractor shall furnish the Owner, within sixty (60) calendar days of the effective date thereof, a certificate of insurance evidencing that such insurance is in force. 8.7 Contractor’s insurance companies or its authorized representative shall give the Owner thirty (30) calendar days prior written notice of any cancellation, intent not to renew, or material reduction in any policy’s coverage, except in the application of the Aggregate Limit Provisions. In the event of a reduction to the Aggregate Limit, it is agreed that immediate steps will be taken to have the prior Aggregate Limit reinstated. 8.8 If at any time, the Airport Executive Director requests a written statement from the insurance companies as to any impairment(s) to the Aggregate Limit, prompt authorization and delivery of all requested information will be given to the Augusta Aviation Commission. Renewal Certificates of Insurance must be provided to the Owner as soon as practical but in every instance prior to expiration of current coverage. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-16 8.9 The amounts and types of insurance shall conform to the following minimum requirements with the use of Insurance Service Office policies, forms, and endorsements or broader, where applicable. Notwithstanding the foregoing, the wording of all policies, forms, and endorsements must be reasonably acceptable to the Owner. 8.10 Workers’ Compensation and Employer’s Liability Insurance shall be maintained in force by Contractor during the term of this Contract for all employees engaged in the operations under this Contract. The limits of coverage shall not be less than: Workers’ Compensation Georgia Statutory Employer’s Liability $1,000,000.00 Limit Each Accident $1,000,000.00 Limit Disease Aggregate $1,000,000.00 Limit Disease Each Employee 8.11 Commercial General Liability – Occurrence Form. Policy shall include bodily injury, property damage, personal injury and broad form contractual liability coverage with limits no less than five million dollars ($5,000,000.00) in Broad Form Comprehensive General Liability insurance. 8.12 Automobile Liability Insurance. For any vehicles authorized in writing by the Executive Director to operate on the Aircraft Operating Area (AOA) of the Airport, Automobile Insurance in the minimum amount of Five Million Dollars ($5,000,000.00) combined single limit coverage. If the Contractor's Comprehensive General Liability coverage includes vehicular operations on the Airport, separate automobile insurance shall not be required. The foregoing insurance shall be endorsed to state that it will be primary to the Augusta, Georgia and the Augusta Aviation Commission's insurance and that the carrier waives its right of subrogation against Augusta, Georgia, the Augusta Aviation Commission, and their officers, agents, elected and appointed officials, representatives, volunteers, and employees. Augusta, Georgia, the Augusta Aviation Commission, and their officers, agents, employees, elected and appointed officials shall be added as additional insureds on said policies. Said policy shall contain Severability of Interest Clause and shall include contractual liability coverage at least as broad as that given in the most current CA 00 01 ISO form. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-17 8.13 Excess Liability: $2,000,000.00 Policy must follow form of General Liability Policy and all insurance together for general liability must total at least a minimum of two million dollars ($2,000,000.00). Any form of underlying and excess policies may satisfy such requirement. 8.14 The Commercial General Liability Insurance coverage as required in the paragraph above shall include those classifications, as listed in Standard Liability Insurance Manuals, which are applicable to the operations of the Contractor in the performance of this Contract. 8.15 Within sixty (60) calendar days of the effective date thereof or any subsequent term, Contractor shall provide Owner with certificate(s) of insurance evidencing that such insurance as described herein be in force. Insurance binder letter(s) or a Certificate(s) of Insurance as described above must be sent to the address below with a copy to the Owner: Augusta, Georgia Risk Management 535 Telfair Street Suite 920 Augusta, GA 30901 (706) 821-2502 (Fax) 8.16 Subcontractors. It is the sole responsibility of the general Contractor to ensure that all subcontractors working under it have separately procured any and all types and limits of insurance that are required under any and all pertinent local, state, or federal ordinances or resolutions that are suitable for the particular trade that the subcontractor is performing. It is also the sole responsibility of the general and/or prime Contractor to ensure that any and all subcontractors or vendors carry types and limits of insurance not less than those listed herein and that the subcontractors and/or vendors carry and/or procure endorsements to waive all subrogation rights against and name “Augusta, Georgia, its appointed and elected Officials, departments, agencies, boards, commissions, its officers, agents, employees and volunteers” as additional insureds. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-18 ARTICLE IX AIRPORT SECURITY REQUIREMENTS 9.1 Contractor’s employees shall be required to operate in Airport’s secure areas. Contractor shall be required to obtain the Airport’s Security Identification Display Area (SIDA) badges for any employee working in the secured area. Contractor shall comply, at its own expense, with the Transportation Security Administration (TSA) and the Owner’s security requirements for the Airport including, but not limited to employee training and badges. Contractor shall cooperate with the TSA and the Owner on all security matters and shall promptly comply with any project security arrangements established by the Owner. Compliance with such security requirements shall not relieve Contractor of its responsibility for maintaining proper security for the above-noted items, nor shall it be construed as limiting in any manner Contractor’s obligation with respect to all applicable federal, state and local laws and regulations and its duty to undertake reasonable action to establish and maintain secure conditions at and around the Project and throughout the Airport. All employees shall be properly badged and comply with all Owner’s safety and security rules. 9.2 Any Contractor employees assigned to work in a secured area are required to be “badged” or a “badged” Contractor employee must escort them the entire time they are in these secured areas. 9.3 To qualify for the badge, individual must be fingerprinted and have a background investigation completed. In addition, the Owner will conduct a background inquiry and require finger printing of all individuals who will be working on the secured side of the Airport screening point. This may also include collection of appropriate criminal history information, contractual and business associations and practices, employment histories, reputation in the business community and credit reports for the Contractor, as well as, its employees. 9.4 Contractor consents to such an inquiry and agrees to make available to the Owner such books and records the Owner deems necessary to conduct the review. 9.5 Contractor shall pay all costs associated with providing SIDA badges. 9.6 Contractor shall be responsible for any fines assessed by the FAA or TSA as a result of the actions of its employees or subcontractors. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-19 ARTICLE X REPRESENTATIONS AND WARRANTIES In order to induce the Owner to enter into this Contract, Contractor hereby represents and warrants that as of the date above written that: 10.1 Contractor is duly organized and validly existing in good standing under the laws of the State of Georgia in which it is organized, is qualified to do business in all jurisdictions in which it is operating, and has the power and authority to execute and deliver and to perform its obligations under this Contract and the documents to which it is signatory; and 10.2 The execution, delivery and performance by Contractor and its undersigned representative(s) of this Contract and other documents to which Contractor is a signatory do not require the approval or consent of any other person, entity or government agency and do not result in any breach of any agreement to which Contractor is a party or by which it is bound; and 10.3 The execution, delivery and performance by Contractor of this Contract and other documents to which it is a signatory have been duly authorized by all necessary action, and constitute legal, valid and binding obligations of Contractor, enforceable against Contractor in accordance with its terms; and 10.4 No action, suit or proceeding to which Contractor is a party is pending or threatened that may restrain or question this Contract, or any other document to which it is a signatory, or the enjoyment of rights or benefits contemplated herein; and 10.5 Contractor has all State of Georgia Licenses and permits required for the performance of the Work and shall only use properly licensed and trained persons to perform such services. ARTICLE XI NOTICES 11.1 Delivery. All notices given by either party to the other under this Contract must be in writing and delivered by: (i) regular mail, postage prepaid; (ii) certified or registered mail; (iii) facsimile; or (iv) hand - delivery, to the parties at the addresses and facsimile numbers set forth in the Clause titled “Addresses”. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-20 11.2 Receipt. Notices sent by mail will be deemed to be received upon deposit in the mail, properly addressed. Notices sent by certified or registered mail will be deemed to be received upon the date of the acknowledgment. Notices sent by facsimile will be deemed to be received upon successful transmission to the proper facsimile number. Notices delivered by hand- delivery will be deemed to be received upon acceptance by the respective party or its agent. 11.3 Change of Address or Facsimile Number. Either party may, at any time, change its respective address or facsimile number by sending written notice to the other party of the change. 11.4 Addresses. To OWNER: To CONTRACTOR: Augusta Regional Airport Attn: Executive Director Attn: 1501 Aviation Way Augusta, Georgia 30906 Telephone: (706) 798-3236 Telephone: Fax: (706) 798-1551 Fax: With a copy to: Augusta General Counsel Augusta Richmond County Department of Law 535 Telfair St. Building 3000 Augusta, GA 30901 Fax: (706) 842-5556 ARTICLE XII INDEMNIFICATION AND HOLD HARMLESS 12.1 Except where, and to the extent caused by the gross negligence of Augusta, Georgia, the Augusta Aviation Commission, their agents, employees, contractors, officers or, Contractor shall protect, defend, reimburse, indemnify, and hold Augusta, Georgia, the Augusta Aviation Commission, its members, agents, employees, and elected officers and each of them, free and harmless at all times as set forth in Augusta, Georgia Code, and particularly Article 1, Chapter 3, Division 1, Section 1-3-8.5, Indemnity and Insurance, as the same may be amended from time to time, and described herein. In the event of a conflict between the provisions of the Augusta Code and this Contract, the broader requirement shall govern. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-21 ARTICLE XIII PERMITS 13.1 Contractor shall obtain and maintain at all times all necessary licenses, permits and certifications to perform the work described in the Contract. Contractor shall furnish copies of all licenses, permits, and certifications to the Administrator. ARTICLE XIV WORK PERMITS REQUIRED 14.1 Contractor agrees and acknowledges that its employees and agent’s employees, as well as any subcontractors or subcontractors’ personnel, working on the Contract must be United States citizens, or must be lawfully admitted for residence and be permitted to work in the United States under the Immigration and Naturalization Act, 8 U.S.C. 1101, et. seq. ARTICLE XV FEDERAL WORK AUTHORIZATION 15.1 Pursuant to O.C.G.A. §13-10-91 and Georgia Department of Labor Rule 300-10-1-.02, the Owner cannot enter a contract for the physical performance of services unless the Contractor and its Subcontractors register and participate in the Federal Work Authorization Program to verify specific information on all new employees. 15.2 The Contractor certifies that it has complied and will continue to comply with O.C.G.A. §13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. 15.3 The Contractor agrees to sign an affidavit evidencing its compliance with O.C.G.A. §13- 10-91 and Georgia Department of Labor Rule 300-10-1-.02. The signed affidavit is attached to this Contract as an exhibit 15.4 The Contractor agrees that in the event that it employs or contracts with any Subcontractor(s) in connection with this Contract, the Contractor will secure from each Subcontractor an affidavit that indicates the employee-number category applicable to that Subcontractor and certifies the Subcontractor’s current and continuing compliance with O.C.G.A. §13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. Any signed Subcontractor affidavit(s) obtained in connection with this Contract shall be attached hereto as an exhibit. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-22 ARTICLE XVI MISCELLANEOUS CONTRACT PROVISIONS 16.1 Independent Contractor/Subcontractor Contractor is acting, in performance of this Contract, as an independent contractor. Personnel supplied by the Contractor or its agents or subcontractors hereunder are not the Owner’s employees or agents and Contractor assumes full responsibility for their acts. Contractor shall be solely responsible for the payment of compensation to Contractor’s employees. The Owner shall not be responsible for payment of Worker’s Compensation, disability benefits, and unemployment insurance or for withholding and paying employment taxes for any Contractor employee, or Contractor’s subcontractors or its agent’s employees, but such responsibility shall be solely that of Contractor. This clause of the contract does not prevent the Airport from requiring Contractor to have its employees follow normal rules and guidelines for work performance, redirecting the efforts of the employees to meet the needs of the facilities, performing safety or from requiring Contractor to perform the requirements of this Contract satisfactorily, according to the General Conditions, Scope of Services, Performance Work Statement, Service Performance Standards and Methods described herein. 16.2 Force Majeure 16.2.1 Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of any such obligation, except the payment of money, is prevented or delayed by any cause, existing or future, which is beyond the reasonable control of the affected party, or by a strike, lockout or other labor difficulty, the settlement of which shall be within the sole discretion of the party involved. 16.2.2 Each party hereto shall give notice promptly to the other of the nature and extent of any Force Majeure claimed to delay, hinder or prevent performance of the services under this Contract. In the event either party is prevented or delayed in the performance of this obligation because of such Force Majeure, there shall be an equitable adjustment of the schedule. In the event there is a fluctuation in the costs or price associated with the project due to occurrence of a force majeure event, such price differential shall be borne by the party claiming the force majeure delay. However, if the party claiming the delay can show good faith efforts to mitigate the costs and demonstrates that the party’s action, inaction, or omission did not contribute Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-23 to the price or costs fluctuation, said increased costs shall be borne equally by both parties. 16.2.3 Contractor will not be liable for failure to perform or for delay in performance because of Force Majeure, including the following: 16.2.3.1 any cause beyond its reasonable control; 16.2.3.2 any act of God; 16.2.3.3 inclement weather; 16.2.3.4 earthquake; 16.2.3.5 fire; 16.2.3.6 explosion; 16.2.3.7 flood; 16.2.3.8 strike or other labor dispute; 16.2.3.9 any shortage or disruption of or inability to obtain labor, material, manufacturing facilities, power, fuel or transportation from unusual sources, or any other; 16.2.3.10 delay or failure to act of any governmental or military authority; 16.2.3.11 any war, hostility or invasion; 16.2.3.12 any embargo, sabotage, civil disturbance, riot or insurrection; 16.2.3.13 any legal proceedings; or 16.2.3.14 failure to act by Contractor’s suppliers due to any cause which Contractor is not responsible, in whole or in part. 16.2.3.15 any disease, epidemic, or pandemic 16.3 Commercial Activities Neither Contractor nor its employees may establish any commercial activity or issue concessions or permits of any kind to third parties for establishing activities at the Airport. 16.4 Records and Audit Contractor and its subcontractors shall maintain records and accounts in connection with all aspects in the performance of this Contract, including those, which will accurately document incurred costs, both direct and indirect, of whatever nature, during and for a period of three (3) years from the expiration or other termination of this Contract, unless otherwise specified by applicable law. The Owner may examine and copy, at all reasonable times, with advance notification, those records and accounts. Contractor shall maintain all records in a central location in Augusta, Georgia. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-24 16.5 Contingent Fees Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Contract; and that Contractor has not paid or agreed to pay any company, association, corporation, firm or person, other than a bona fide employee working for Contractor, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Contract. For the breach or violation of this warranty and upon a finding after notice and hearing, the Owner may terminate the Contract and, at its discretion, may deduct from the Contract sum, or otherwise recover the full amount of any such fee, commission, percentage, gift or consideration. 16.6 Rights and Remedies The rights and remedies of the Owner provided in this paragraph are not exclusive and are in addition to any other rights and remedies provided by law or under this Contract. 16.7 Non-Appropriations Notwithstanding anything contained in this Contract, if sufficient funds have not been appropriated to support continuation of this Contract for an additional calendar year or an additional term of the Contract, this Contract shall terminate absolutely and without further obligation on the part of the Owner at the close of the calendar year of its execution or if the Owner suspends performance pending the appropriation of funds. 16.8 Assignment Without the prior written consent of the Owner, Contractor may not assign, transfer or convey any of its interests under this Contract, nor delegate any of its obligations or duties under this Contract except as provided herein. 16.8.1 Consent of the Owner Required. Any assignment of this Contract or rights under this Contract, in whole or part, without the prior written consent of the Owner will be void, except that, upon ten-(10) calendar days prior written notice to the Owner, Contractor may assign monies due or to become due under this Contract. Any assignment of monies will be subject to proper setoffs in favor of the Owner and to any deductions provided for in this Contract. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-25 16.8.2 No Relief of Responsibilities. No assignment will be approved which would relieve Contractor of its responsibilities under this Contract. 16.9 Parties Bound. This Contract will be binding upon and inure to the benefit of the Owner and Contractor and their respective successors and assigns. 16.10 No Partnership or Joint Venture. Nothing contained in this Contract will be deemed to create a partnership or joint venture between the Owner and Contractor or cause the Owner to be responsible for the debts or obligations of Contractor or any other party. Contractor must not represent to anyone that its relationship to the Owner is other than as the Owner’s Contractor. Contractor must act as an independent agent and not as the agent of the Owner in performing this Contract and shall maintain complete control over its employees and all of its lower-tier suppliers and subcontractors. Nothing contained in this Contract or any lower tier purchase order or subcontract awarded by Contractor will create any contractual relationship between any lower-tier supplier or subcontractor and the Owner. No act or direction of the Owner shall be deemed to be the exercise of supervision or control of the Contractor’s performance hereunder. 16.11 Waiver The failure of the Owner to seek redress for any violation of or to insist upon the strict performance of, any term of this Contract will not prevent a subsequent violation of this Contract from being actionable by the Owner. The provision in this Contract of any particular remedy will not preclude the Owner from any other remedy. 16.12 Compliance with Applicable Laws and Regulations Contractor covenants and agrees that it, its agents and employees shall comply with all Georgia, county, state, and federal laws, Airport Rules and Regulations, and Augusta, Georgia Ordinances applicable to the work to be performed under this Contract, and that it shall obtain all necessary permits, pay all license fees and taxes to comply therewith. Further, Contractor agrees that it, its agents, and employees will abide by all rules, regulations, and policies of Airport during the term of this Contract, including any renewal periods. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-26 16.13 Patent Indemnity Except as otherwise provided, the Contractor shall indemnify Augusta, Georgia and its Board of Commissioners, officers, agents and employees against liability, including costs and expenses for infringement upon any letters or patent of the United States arising out of the performance of this Contract or out of the use or disposal by or for the account of the Owner of supplies furnished or construction work performed hereunder. 16.14 Use of Augusta, Georgia Landfill Contractor shall dispose of all debris and trash from the Airport will be transported to and disposed of at the Augusta, Georgia Solid Waste Landfill in accordance with local and state regulations. The Contractor shall provide evidence of proper disposal through manifests, which shall include the types of material disposed of, the name and location of the disposal facility, date of disposal and all related fees. 16.15 Inspection The Owner may, at reasonable times, inspect the part of the plant, place of business, or work site of a contractor or subcontractor or subunit thereof which is pertinent to the performance of the contract. 16.16 Temporary Suspension or Delay of Performance of Contract To the extent that it does not alter the scope of this Contract the Owner may unilaterally order a temporary stopping of the work, or delaying of the work to be performed by the Contractor under this Contact. 16.17 Entire Agreement This Contract, together with all of the attachments shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Contract shall not be binding upon either party except to the extent incorporated in this Contract. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-27 16.18 Governing Law This Contract will be construed under Georgia law, including the Georgia Uniform Commercial Code; all remedies available under that code are applicable to this Contract. Contractor and the Owner fix jurisdiction and venue for any action brought with respect to this Contract in Augusta, Georgia. 16.19 Legal Construction If any provision contained in this Contract is held to be invalid, illegal or unenforceable, that invalidity, illegality or unenforceability will not affect any other provision of this Contract and this Contract will be construed as if the invalid, illegal or unenforceable provision had never been contained in this Contract. 16.20 Prior Contracts Superseded This Contract and the attachments constitute the sole and only agreement between Contractor and Owner with respect to the subject matter of this Contract and supersede any prior understandings or written or oral contracts respecting the subject matter of this Contract. 16.21 Counterparts This Contract may be executed concurrently in one or more counterparts, each of which will be deemed an original, but all of which will together constitute one (1) Contract. 16.22 Further Acts Owner and Contractor each agrees to perform any additional acts and execute and deliver any additional documents as may reasonably be necessary in order to carry out the provisions and affect the intent of this Contract. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their appropriate officials, as of the date first written above. [SIGNATURES ON THE FOLLOWING PAGE] Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-28 AUGUSTA, GEORGIA ____________________________________________________ Hardie Davis, Jr. Mayor Attest: ______________________________________________ Lena J. Bonner, Clerk of Commission AUGUSTA AVIATION COMMISSION _________________________________________________ James Germany, Aviation Commission Chair Attest: ___________________________________________ Dereena Harris, Clerk of Augusta Aviation Commission CONTRACTOR _________________________ Sworn to and subscribed before me this ____ day of ___________, 202_. ______________________________ Notary Public My commission expires: ____________ (NOTARIAL SEAL) Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-1 NOTICE OF AWARD TO: ER SNELL CONTRACTOR, INC. PROJECT: AUGUSTA REGIONAL AIRPORT REHABILITATION OF THE STANDARD AERO RAMP – BASE BID The Owner has considered the bid submitted by you for the above described WORK in response to its Advertisement for Bids and Information for Bidders. You are hereby notified that your bid has been accepted for items in the amount of $2,102,033.60. You are required by the Invitation to Bid to execute the Contract and furnish the required Contractor's Performance and Payment Bonds within fifteen (15) calendar days from the date of this Notice to you. If you fail to execute said Contract and to furnish said bonds within fifteen (15) days from the date of this Notice, said Owner will be entitled to consider all rights arising out of the Owner’s acceptance of your bid as abandoned and as a forfeiture of your Bid Bond. The Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE OF AWARD to the Owner. Dated this ____ day of ________, 202_ . AUGUSTA REGIONAL AIRPORT BY: TITLE: *** ACCEPTANCE OF NOTICE *** Receipt of the above NOTICE OF AWARD is hereby acknowledged by ______________________________ this the __________ day of ____________, 20_______. BY:__________________________________________ TITLE:_______________________________________ Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-2 PERFORMANCE BOND (NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH PAYMENT BOND, IN FAVOR OF THE OWNER CONDITIONED FOR THE PAYMENT OF LABOR AND MATERIAL.) KNOW ALL MEN BY THESE PRESENTS: That as Principal, hereinafter called CONTRACTOR, and , a corporation organized and existing under the laws of the State of , with its principal office in the City of __________________, State of _________________, as Surety, hereinafter called SURETY, are held and firmly bound unto AUGUSTA, GEORGIA BY AND THROUGH THE AUGUSTA-RICHMOND COUNTY COMMISSION as Obligee, hereinafter called the OWNER, in the penal amount of Dollars ($_____________) for the payment whereof CONTRACTOR and SURETY bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents for the faithful performance of a certain written agreement. WHEREAS, CONTRACTOR has by said written agreement dated __________ entered into a Contract with OWNER for the construction of AUGUSTA REGIONAL AIRPORT REHABILITATION OF THE STANDARD AERO RAMP – BASE BID , Augusta, Georgia, in accordance with the drawings and specifications issued by the Augusta Aviation Commission and the Augusta-Richmond County Commission, which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, the condition of this obligation is such that, if CONTRACTOR shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The SURETY hereby waives notice of any alteration or extension of time made by the OWNER. Whenever CONTRACTOR shall be, and declared by OWNER to be in default under the Contract, the OWNER having performed OWNER's obligations thereunder, the SURETY may promptly remedy the default, or shall promptly (1) Complete the Contract in accordance with its terms and conditions, or (2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by SURETY of the lowest responsive and responsible bidder, or, if the OWNER elects, upon determination by the OWNER and the SURETY jointly of the lowest responsive and responsible bidder, arrange for a contract between such bidder and OWNER, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract price; but not exceeding, including other costs and damages for which the SURETY may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract price," as used in this paragraph, shall mean the total amount payable by OWNER to CONTRACTOR under the Contract and any amendments thereto, less the amount properly paid by OWNER to CONTRACTOR. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-3 Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the OWNER named herein or the heirs, executors, administrators or successors of the OWNER. Signed and sealed this _____________ day of _________________ A.D. 20___. Witness (Seal) (Contractor) Attest By (Seal) (Title) Witness (Seal) (Surety) Attest By (Seal) (Title) Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-4 LABOR AND MATERIAL PAYMENT BOND (NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND, IN FAVOR OF THE OWNER CONDITIONED FOR THE PERFORMANCE OF THE WORK.) KNOW ALL MEN BY THESE PRESENTS: That as Principal, hereinafter called CONTRACTOR, and a corporation organized and existing under the laws of the State of ___________________, with its principal office in the City of ____________________, State of _______________, as Surety, hereinafter called SURETY, are held and firmly bound unto AUGUSTA, GEORGIA BY AND THROUGH THE AUGUSTA-RICHMOND COUNTY COMMISSION, as Obligee, hereinafter called the OWNER, for the use and benefit of claimants as herein below defined in the amount of Dollars ($_____________) for the payment whereof CONTRACTOR and SURETY bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, CONTRACTOR has by written agreement dated _______________________ entered into a Contract with Owner for the construction of AUGUSTA REGIONAL AIRPORT REHABILITATION OF THE STANDARD AERO RAMP – BASE BID , in accordance with drawings and specifications issued by the Augusta Aviation Commission and Augusta- Richmond County Commission, which Contract is by reference made a part hereof, and is hereinafter referred to as the CONTRACT. NOW, THEREFORE, the condition of this obligation is such that, if the CONTRACTOR shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required to use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: (1) A claimant is defined as one having a direct contract with the CONTRACTOR or with a subcontractor of the CONTRACTOR for labor, material, or both, used or reasonably required for use in the performance of the Contract labor and material being construed as to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. (2) The above named CONTRACTOR and SURETY hereby jointly and severally agree with the OWNER that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The OWNER shall not be liable for the payment of any costs or expenses of any such suit. (3) No suit or action shall be commenced hereunder by any claimant, (a) Unless claimant, other than one having a direct contract with the CONTRACTOR, shall have given written notice to any two of the following: The CONTRACTOR, the OWNER, or the SURETY above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-5 or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the CONTRACTOR, OWNER or SURETY, at any place where an office regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. (b) After the expiration of one (1) year following the date on which CONTRACTOR ceased work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. (c) Other than in a Georgia state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. (4) The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by SURETY of mechanics’ liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. Signed and sealed this _____________ day of _________________ A.D. 20___. Witness (Seal) (Contractor) Attest By (Seal) (Title) Witness (Seal) (Surety) Attest By (Seal) (Title) Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-6 NOTICE TO PROCEED DATE: ______________ SUBJECT: NOTICE TO PROCEED PROJECT: AUGUSTA REGIONAL AIRPORT REHABILITATION OF THE STANDARD AERO RAMP – BASE BID Gentlemen: You are hereby notified to commence work in accordance with the Contract, within Ten (10) calendar days following the date first written above, and you are to complete the work within _____________ (___) consecutive calendar days after the date of this notice. The date set for completion of all work is therefore __________________. AUGUSTA REGIONAL AIRPORT BY: TITLE: *** ACCEPTANCE OF NOTICE *** Receipt of the above NOTICE TO PROCEED is hereby acknowledged by ______________________________ this the __________ day of ____________, 20_______. TITLE: Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-7 CONTRACT THIS CONTRACT made and entered into to be effective ____________, 2022 by and between, AUGUSTA GEORGIA, “Augusta,” a political subdivision of the State of Georgia, acting through the AUGUSTA AVIATION COMMISSION, whose address is 1501 Aviation Way, Augusta Regional Airport at Bush Field, Augusta, Georgia 30906-9600, hereinafter called “Airport”, and ER Snell Contractor, Inc., hereinafter called “Contractor”. WITNESSETH: WHEREAS, Augusta is the owner and operator of a full-service commercial airport known as the Augusta Regional Airport; WHEREAS, Augusta has solicited a bid to Rehabilitate the Standard Aero Ramp for the Airport; WHEREAS, the Contractor submitted a bid for said services; and WHEREAS, Augusta, on behalf of the Airport, accepted the Contractor’s Bid for said services; NOW THEREFORE, in consideration of the mutual covenants, promises, and agreements herein contained, Augusta and the Contractor hereby agree as follows: The Contractor’s Services shall be in accordance with the scope of services and all provisions provided herein. ARTICLE 1 SCOPE OF THE WORK 1.1 The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the Plans and described in the specifications for the Project entitled: AUGUSTA REGIONAL AIRPORT REHABILITATION OF THE STANDARD AERO RAMP – BASE BID and in accordance with the requirements and provisions of the Contract Documents as defined in the Provisions hereto attached which are hereby incorporated and made a part of this contract. 1.2 Definitions The following terms have the following meanings whenever used in the Contract Documents (defined below), or in related documents, the terms or pronouns used in place of them shall be defined as follows: 1.2.1 Airport Executive Director. The person tasked with the day-to-day operations of the Airport. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-8 1.2.2 Augusta Aviation Commission. The Augusta Regional Airport Aviation Commission tasked with the overall administration of the Airport. 1.2.3 Augusta, Georgia or City or Owner. Augusta, Georgia’s Commission. 1.2.4 Engineer. The Work has been designed by Mead & Hunt, Inc., whose corporate headquarters is located at 2240 Deming Way, Middleton, WI 53562, who is hereinafter called Engineer and who is to assume all duties and responsibilities and have the rights and authority assigned to Engineer in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. 1.2.5 Project. Augusta Regional Airport Rehabilitation of the Standard Aero Ramp, including, but not limited to, the removal of approximately 12,000 square yards of asphalt pavement, the construction of approximately 1,500 tons of asphalt concrete pavement, 575 linear feet of new 6” water line and a new fire hydrant, along with new pavement markings and site improvements. 1.2.6 Airport’s Administrator. Airport’s Representative shall be the Airport’s Executive Director or his designee. 1.2.7 Contractor’s Representative(s). The Contractor’s representative (“Contractor’s Representative”) for all dealings with Airport shall be _________________. Contractor’s Representative may be changed upon prior written notice delivered to Owner. 1.3 Subject to controlling law, the Owner will refuse to permit the Contractor to use any employee on this job if the Owner reasonably deems that individual unfit to work at the Airport facilities in any respect. 1.4 All Contractor employees shall strictly adhere to Airport regulations while on the Airport premises, including but not limited to Augusta, Georgia, County, and Transportation Security Authority (TSA) and Federal Aviation Administration (FAA) regulations governing access to buildings, personal conduct, and possession of prescribed substances, parking, and traffic. The Owner reserves the right to require the removal of Contractor employees from the Project. 1.5 Design, Standards and Practices. The design, strength, quality of materials and workmanship must conform to the highest standards of construction practices and/or services. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-9 ARTICLE II TERM 2.1 The Contractor must begin work within ten (10) calendar days of receiving the Notice to Proceed (NTP) from the Owner. It is anticipated the NTP will be issued __________. The Contractor will mobilize with sufficient forces such that all work is completed within one hundred sixty-five (165) calendar days after the issuance of the NTP. Contract time charges will begin as set forth in Section 80 of the General Provisions 2.2 Contractor working times shall be as designated on the Construction Safety & Phasing Plan sheets in the Construction Drawings. At the Owner’s discretion, work times may be further restricted. 2.3 For additional details please review Section 80 of the attached Specifications. 2.4 It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that the date of beginning, rate of progress and the time for completion of the work to be done hereunder are ESSENTIAL CONDITIONS of this Contract. Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed by and between the Contractor and the Owner, that the time for the completion of the work described herein is a reasonable time for the completion of the same, taking into consideration the average climatic range and construction conditions prevailing in this locality. 2.5 It is further agreed that time is of the essence of each and every portion of this Contract and the specifications wherein a definite portion and certain length of time is fixed for the performance of any act whatsoever; and where under the Contract an additional time is allowed for the completion of any work, the new time limit fixed by extension shall be the essence of the Contract. ARTICLE III LIQUIDATED DAMAGES 3.1 The Contractor acknowledges that time is of the essence with respect to the Work governed by the Contract. The Contractor acknowledges and recognizes that if it fails to achieve Substantial Completion of any portion of the Work within the Contract Time as may be extended in accordance with the terms of this Contract, the Owner will sustain substantial losses as a result of such failure. The Contractor further acknowledges that the Owner will suffer damages that are difficult, if not impossible, to accurately estimate. The Contractor shall be assessed liquidated damages as set forth in Section 80, Execution and Progress, subsection 80-08. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-10 ARTICLE IV PAYMENT 4.1 The Contract Sum The Owner shall pay to the Contractor for completion of the Work in strict accordance with the Contract Documents, and in accordance with the unit bid prices submitted on June 30, 2022, with a contract price of $2,102,033.60. 4.2 Progress Payments 4.2.1 Contractor shall submit Applications for Payment in accordance with Section 90 of the General Provisions but in no case shall submit Applications for Payment more than once per month. Application for Payment will be processed by Engineer as provided in the General Provisions. 4.2.2 Progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as Engineer shall determine, or Owner may withhold, in accordance with Section 90 of the General Provisions. 1) 90% of Work completed as determined by Engineer. 2) 90% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to Owner as provided in paragraph 90-07 of the General Provisions. 4.2.3 Within ten (10) business days of receiving each Application for Payment, the Engineer shall either indicate in writing a recommendation of payment and present the application to the Owner, or return the Application to the Contractor indicating in writing necessary corrections. In the latter case, the Contractor shall make the corrections and resubmit the application. 4.3 Invoices. Contractor shall submit invoices to: Mead & Hunt, Inc. Attn: Edwin Scott 5955 Core Road, Suite 515 North Charleston, SC 29406 Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-11 4.4 Retainage and Partial Payments. If payment request is approved by the Owner, the approved payment request shall be submitted to the Owner’s Finance Department for processing on or before the fifth day of the following month, and payment (less retainage) shall be made to the Contractor thirty (30) calendar days after the date the approved payment request is received by the Owner’s finance department. If a payment request is not approved by the Owner, then no payment shall be made to the Contractor until such time as the Owner approves the payment request. The amount of retainage shall be as follows: 4.4.1 Ten percent (10%) of each partial payment shall be withheld as retainage until the value of fifty percent (50%) of the Contract Price, including Change Orders and other authorized additions provided in the Contract, is due; 4.4.2 When fifty percent (50%) of the Contract Price, as described above, becomes due and the manner of completion of the Work and its progress, quality, schedule are reasonably satisfactory to the Owner, and there are no outstanding claims by the Contractor, subcontractors or material suppliers, the withholding of retainage shall be discontinued. 4.4.3 If after discontinuing retainage, the Owner determines that the Work is unsatisfactory or has fallen behind schedule, withholding of ten percent (10%) of each request for payment may be resumed. When the Work has reached Substantial Completion and the Owner determines the Work to be reasonably acceptable, the Contractor shall submit an invoice or other documents as may be required and receive payment thereof within thirty (30) calendar days. If there are any remaining incomplete minor items, an amount equal to two hundred percent (200%) of the value of each item, as determined by the Owner, shall be withheld until such items are complete; 4.4.4 The Contractor shall within ten (10) calendar days from its receipt of retainage from the Owner pass through payments to Subcontractors and shall reduce each Subcontractor’s retainage in the same manner as the Contractor’s retainage is reduced by the Owner. The Subcontractor shall within ten (10) calendar days from the Subcontractor’s receipt of retainage pass through payments to lower tier subcontractor’s and shall reduce each lower tier subcontractor’s retainage in the same manner as the Subcontractor’s retainage is reduced. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-12 4.4.5 The Contractor and Owner agree to abide by all applicable provisions of Georgia State Law concerning retainage, including but not limited to O.C.G.A. §13-10-80. If the terms of this Contract concerning retainage conflict with Georgia State Law, Georgia State Law shall govern. ARTICLE V FINAL INSPECTION 5.1 Upon notice from the Contractor that the Work is completed, the Owner shall make a Contractor during the course of final inspection of the Work and shall notify the Contractor of all instances where the Work fails to comply with the Drawings and Specifications, as well as any defects the Owner may discover. At no cost to the Owner, the Contractor shall immediately make such alterations as are necessary to bring the Work into compliance with the Contract, the Drawings, and Specifications. ARTICLE XI ACCEPTANCE AND FINAL PAYMENT 6.1 Final Payment. Upon final completion and acceptance of the Work in accordance with Section 50 of the General Provisions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said paragraph 90-09. 6.2 Before final payment is due the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with the work have been paid, except that in case of disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety bond satisfactory to the Owner guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. 6.3 The making and acceptance of the final payment shall constitute a waiver of all claims by the Owner other than those arising from unsettled liens, from faulty work appearing within twelve (12) months after final payment, from requirements of the specifications, or from manufacturers' guarantees. It shall also constitute a waiver of all claims by the Contractor except those previously made and still unsettled. 6.4 If after the Work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Engineer, so certifies, the Owner shall upon certificate Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-13 of the Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. ARTICLE VII CHANGES 7.1 The Owner may, during the Contract period, make changes to the Scope of Work, which may result in changes to the general scope of the Contract and its provisions. 7.2 Written/verbal agreements, changes, or amendments to this Contract shall not be binding upon the Owner unless approved and signed by the Owner in advance of performing work. 7.3 Contractor acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Augusta Aviation Commission or Augusta, Georgia Board of Commissioners and approval of the Mayor. Under Georgia law, Contractor is deemed to possess knowledge concerning Augusta, Georgia's ability to assume contractual obligations and the consequences of Contractor's provision of goods or services to Augusta, Georgia under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that the Contractor may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Contractor agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if the Contractor provides goods or services to Augusta, Georgia in excess of the any contractually authorized goods or services, as required by Augusta, Georgia's Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods or services provided by Contractor. Contractor assumes all risk of non-payment for the provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized, including, without limitation, all remedies at law or equity. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-14 ARTICLE VIII INSURANCE 8.1 During the term of this Contract, Contractor shall provide, pay for, and maintain with companies reasonably satisfactory to the Owner the types of insurance as set forth in the Augusta Code, and Georgia Law as the same may be amended from time to time, and as described herein. All insurance shall be issued by insurance companies eligible to do business in the State of Georgia and Best Rated A+ or equivalent. In the event of a conflict between the provisions of the Augusta Code and this Contract, the more stringent requirement shall govern. In no event shall Contractor maintain any insurance less than the requirements set forth in the Augusta Code, as amended. 8.2 All liability policies of Contractor and its subcontractors shall provide coverage that includes, or has the same substantive effect as the following: 8.2.1 Augusta, Georgia, the Augusta Aviation Commission, and each of its Commissioners, officers, agents, elected representatives, volunteers, and employees, in their respective capacities as such, shall be additional insured hereunder with respect to the products, premises, and operations of the named insured. 8.2.2 This insurance policy shall apply as primary, and any insurance and/or self-insurance as may be maintained by the Augusta, the Augusta Aviation Commission, or its Commissioners, officers, agents, elected representatives, volunteers, and employees shall apply in excess of, and shall not contribute with insurance provided by this policy.” 8.2.3 This insurance shall not be materially changed, altered, canceled, or non-renewed until after thirty (30) calendar days advanced written notice has been given to Augusta, Georgia except that only ten (10) calendar days’ notice shall be required in the event of cancellation due to non-payment of premium. 8.3 All such evidence of insurance shall be in the form of certificates of insurance satisfactory to the Augusta and its Risk Manager, accompanied by a certified true copy of an endorsement to each policy containing the above language. Properly executed certificates of insurance shall evidence the insurance coverage and limits required. The authorized representative of the insurance company shown on the certificate shall sign these certificates. The required policies of insurance shall comply with the laws of the State of Georgia. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-15 8.4 If at any time the Executive Director requests a written statement from the insurance company as to any impairment to the aggregate limit, Contractor shall promptly authorize and have delivered such statement to the Augusta Aviation Commission. Contractor authorizes the Augusta Aviation Commission and/or the Augusta’s Risk Manager to confirm with Contractor’s insurance agents, brokers, and insurance companies all information furnished. 8.5 The acceptance of delivery to the Owner of any certificate of insurance evidencing the insurance coverage and limits required under this Contract does not constitute approval or acceptance by the Owner that the insurance requirements in this Contract have been met. No operations shall commence at the Airport unless and until the required certificates of insurance are in effect and approved by the Augusta’s Risk Manager. 8.6 The Contractor and the Owner understand, and agree that the minimum limits of the insurance herein required may, from time to time, become inadequate, and Contractor agrees that it will increase such minimum limits upon receipt of written notice defining the basis of the increase. The Contractor shall furnish the Owner, within sixty (60) calendar days of the effective date thereof, a certificate of insurance evidencing that such insurance is in force. 8.7 Contractor’s insurance companies or its authorized representative shall give the Owner thirty (30) calendar days prior written notice of any cancellation, intent not to renew, or material reduction in any policy’s coverage, except in the application of the Aggregate Limit Provisions. In the event of a reduction to the Aggregate Limit, it is agreed that immediate steps will be taken to have the prior Aggregate Limit reinstated. 8.8 If at any time, the Airport Executive Director requests a written statement from the insurance companies as to any impairment(s) to the Aggregate Limit, prompt authorization and delivery of all requested information will be given to the Augusta Aviation Commission. Renewal Certificates of Insurance must be provided to the Owner as soon as practical but in every instance prior to expiration of current coverage. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-16 8.9 The amounts and types of insurance shall conform to the following minimum requirements with the use of Insurance Service Office policies, forms, and endorsements or broader, where applicable. Notwithstanding the foregoing, the wording of all policies, forms, and endorsements must be reasonably acceptable to the Owner. 8.10 Workers’ Compensation and Employer’s Liability Insurance shall be maintained in force by Contractor during the term of this Contract for all employees engaged in the operations under this Contract. The limits of coverage shall not be less than: Workers’ Compensation Georgia Statutory Employer’s Liability $1,000,000.00 Limit Each Accident $1,000,000.00 Limit Disease Aggregate $1,000,000.00 Limit Disease Each Employee 8.11 Commercial General Liability – Occurrence Form. Policy shall include bodily injury, property damage, personal injury and broad form contractual liability coverage with limits no less than five million dollars ($5,000,000.00) in Broad Form Comprehensive General Liability insurance. 8.12 Automobile Liability Insurance. For any vehicles authorized in writing by the Executive Director to operate on the Aircraft Operating Area (AOA) of the Airport, Automobile Insurance in the minimum amount of Five Million Dollars ($5,000,000.00) combined single limit coverage. If the Contractor's Comprehensive General Liability coverage includes vehicular operations on the Airport, separate automobile insurance shall not be required. The foregoing insurance shall be endorsed to state that it will be primary to the Augusta, Georgia and the Augusta Aviation Commission's insurance and that the carrier waives its right of subrogation against Augusta, Georgia, the Augusta Aviation Commission, and their officers, agents, elected and appointed officials, representatives, volunteers, and employees. Augusta, Georgia, the Augusta Aviation Commission, and their officers, agents, employees, elected and appointed officials shall be added as additional insureds on said policies. Said policy shall contain Severability of Interest Clause and shall include contractual liability coverage at least as broad as that given in the most current CA 00 01 ISO form. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-17 8.13 Excess Liability: $2,000,000.00 Policy must follow form of General Liability Policy and all insurance together for general liability must total at least a minimum of two million dollars ($2,000,000.00). Any form of underlying and excess policies may satisfy such requirement. 8.14 The Commercial General Liability Insurance coverage as required in the paragraph above shall include those classifications, as listed in Standard Liability Insurance Manuals, which are applicable to the operations of the Contractor in the performance of this Contract. 8.15 Within sixty (60) calendar days of the effective date thereof or any subsequent term, Contractor shall provide Owner with certificate(s) of insurance evidencing that such insurance as described herein be in force. Insurance binder letter(s) or a Certificate(s) of Insurance as described above must be sent to the address below with a copy to the Owner: Augusta, Georgia Risk Management 535 Telfair Street Suite 920 Augusta, GA 30901 (706) 821-2502 (Fax) 8.16 Subcontractors. It is the sole responsibility of the general Contractor to ensure that all subcontractors working under it have separately procured any and all types and limits of insurance that are required under any and all pertinent local, state, or federal ordinances or resolutions that are suitable for the particular trade that the subcontractor is performing. It is also the sole responsibility of the general and/or prime Contractor to ensure that any and all subcontractors or vendors carry types and limits of insurance not less than those listed herein and that the subcontractors and/or vendors carry and/or procure endorsements to waive all subrogation rights against and name “Augusta, Georgia, its appointed and elected Officials, departments, agencies, boards, commissions, its officers, agents, employees and volunteers” as additional insureds. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-18 ARTICLE IX AIRPORT SECURITY REQUIREMENTS 9.1 Contractor’s employees shall be required to operate in Airport’s secure areas. Contractor shall be required to obtain the Airport’s Security Identification Display Area (SIDA) badges for any employee working in the secured area. Contractor shall comply, at its own expense, with the Transportation Security Administration (TSA) and the Owner’s security requirements for the Airport including, but not limited to employee training and badges. Contractor shall cooperate with the TSA and the Owner on all security matters and shall promptly comply with any project security arrangements established by the Owner. Compliance with such security requirements shall not relieve Contractor of its responsibility for maintaining proper security for the above-noted items, nor shall it be construed as limiting in any manner Contractor’s obligation with respect to all applicable federal, state and local laws and regulations and its duty to undertake reasonable action to establish and maintain secure conditions at and around the Project and throughout the Airport. All employees shall be properly badged and comply with all Owner’s safety and security rules. 9.2 Any Contractor employees assigned to work in a secured area are required to be “badged” or a “badged” Contractor employee must escort them the entire time they are in these secured areas. 9.3 To qualify for the badge, individual must be fingerprinted and have a background investigation completed. In addition, the Owner will conduct a background inquiry and require finger printing of all individuals who will be working on the secured side of the Airport screening point. This may also include collection of appropriate criminal history information, contractual and business associations and practices, employment histories, reputation in the business community and credit reports for the Contractor, as well as, its employees. 9.4 Contractor consents to such an inquiry and agrees to make available to the Owner such books and records the Owner deems necessary to conduct the review. 9.5 Contractor shall pay all costs associated with providing SIDA badges. 9.6 Contractor shall be responsible for any fines assessed by the FAA or TSA as a result of the actions of its employees or subcontractors. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-19 ARTICLE X REPRESENTATIONS AND WARRANTIES In order to induce the Owner to enter into this Contract, Contractor hereby represents and warrants that as of the date above written that: 10.1 Contractor is duly organized and validly existing in good standing under the laws of the State of Georgia in which it is organized, is qualified to do business in all jurisdictions in which it is operating, and has the power and authority to execute and deliver and to perform its obligations under this Contract and the documents to which it is signatory; and 10.2 The execution, delivery and performance by Contractor and its undersigned representative(s) of this Contract and other documents to which Contractor is a signatory do not require the approval or consent of any other person, entity or government agency and do not result in any breach of any agreement to which Contractor is a party or by which it is bound; and 10.3 The execution, delivery and performance by Contractor of this Contract and other documents to which it is a signatory have been duly authorized by all necessary action, and constitute legal, valid and binding obligations of Contractor, enforceable against Contractor in accordance with its terms; and 10.4 No action, suit or proceeding to which Contractor is a party is pending or threatened that may restrain or question this Contract, or any other document to which it is a signatory, or the enjoyment of rights or benefits contemplated herein; and 10.5 Contractor has all State of Georgia Licenses and permits required for the performance of the Work and shall only use properly licensed and trained persons to perform such services. ARTICLE XI NOTICES 11.1 Delivery. All notices given by either party to the other under this Contract must be in writing and delivered by: (i) regular mail, postage prepaid; (ii) certified or registered mail; (iii) facsimile; or (iv) hand - delivery, to the parties at the addresses and facsimile numbers set forth in the Clause titled “Addresses”. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-20 11.2 Receipt. Notices sent by mail will be deemed to be received upon deposit in the mail, properly addressed. Notices sent by certified or registered mail will be deemed to be received upon the date of the acknowledgment. Notices sent by facsimile will be deemed to be received upon successful transmission to the proper facsimile number. Notices delivered by hand- delivery will be deemed to be received upon acceptance by the respective party or its agent. 11.3 Change of Address or Facsimile Number. Either party may, at any time, change its respective address or facsimile number by sending written notice to the other party of the change. 11.4 Addresses. To OWNER: To CONTRACTOR: Augusta Regional Airport Attn: Executive Director Attn: 1501 Aviation Way Augusta, Georgia 30906 Telephone: (706) 798-3236 Telephone: Fax: (706) 798-1551 Fax: With a copy to: Augusta General Counsel Augusta Richmond County Department of Law 535 Telfair St. Building 3000 Augusta, GA 30901 Fax: (706) 842-5556 ARTICLE XII INDEMNIFICATION AND HOLD HARMLESS 12.1 Except where, and to the extent caused by the gross negligence of Augusta, Georgia, the Augusta Aviation Commission, their agents, employees, contractors, officers or, Contractor shall protect, defend, reimburse, indemnify, and hold Augusta, Georgia, the Augusta Aviation Commission, its members, agents, employees, and elected officers and each of them, free and harmless at all times as set forth in Augusta, Georgia Code, and particularly Article 1, Chapter 3, Division 1, Section 1-3-8.5, Indemnity and Insurance, as the same may be amended from time to time, and described herein. In the event of a conflict between the provisions of the Augusta Code and this Contract, the broader requirement shall govern. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-21 ARTICLE XIII PERMITS 13.1 Contractor shall obtain and maintain at all times all necessary licenses, permits and certifications to perform the work described in the Contract. Contractor shall furnish copies of all licenses, permits, and certifications to the Administrator. ARTICLE XIV WORK PERMITS REQUIRED 14.1 Contractor agrees and acknowledges that its employees and agent’s employees, as well as any subcontractors or subcontractors’ personnel, working on the Contract must be United States citizens, or must be lawfully admitted for residence and be permitted to work in the United States under the Immigration and Naturalization Act, 8 U.S.C. 1101, et. seq. ARTICLE XV FEDERAL WORK AUTHORIZATION 15.1 Pursuant to O.C.G.A. §13-10-91 and Georgia Department of Labor Rule 300-10-1-.02, the Owner cannot enter a contract for the physical performance of services unless the Contractor and its Subcontractors register and participate in the Federal Work Authorization Program to verify specific information on all new employees. 15.2 The Contractor certifies that it has complied and will continue to comply with O.C.G.A. §13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. 15.3 The Contractor agrees to sign an affidavit evidencing its compliance with O.C.G.A. §13- 10-91 and Georgia Department of Labor Rule 300-10-1-.02. The signed affidavit is attached to this Contract as an exhibit 15.4 The Contractor agrees that in the event that it employs or contracts with any Subcontractor(s) in connection with this Contract, the Contractor will secure from each Subcontractor an affidavit that indicates the employee-number category applicable to that Subcontractor and certifies the Subcontractor’s current and continuing compliance with O.C.G.A. §13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. Any signed Subcontractor affidavit(s) obtained in connection with this Contract shall be attached hereto as an exhibit. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-22 ARTICLE XVI MISCELLANEOUS CONTRACT PROVISIONS 16.1 Independent Contractor/Subcontractor Contractor is acting, in performance of this Contract, as an independent contractor. Personnel supplied by the Contractor or its agents or subcontractors hereunder are not the Owner’s employees or agents and Contractor assumes full responsibility for their acts. Contractor shall be solely responsible for the payment of compensation to Contractor’s employees. The Owner shall not be responsible for payment of Worker’s Compensation, disability benefits, and unemployment insurance or for withholding and paying employment taxes for any Contractor employee, or Contractor’s subcontractors or its agent’s employees, but such responsibility shall be solely that of Contractor. This clause of the contract does not prevent the Airport from requiring Contractor to have its employees follow normal rules and guidelines for work performance, redirecting the efforts of the employees to meet the needs of the facilities, performing safety or from requiring Contractor to perform the requirements of this Contract satisfactorily, according to the General Conditions, Scope of Services, Performance Work Statement, Service Performance Standards and Methods described herein. 16.2 Force Majeure 16.2.1 Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of any such obligation, except the payment of money, is prevented or delayed by any cause, existing or future, which is beyond the reasonable control of the affected party, or by a strike, lockout or other labor difficulty, the settlement of which shall be within the sole discretion of the party involved. 16.2.2 Each party hereto shall give notice promptly to the other of the nature and extent of any Force Majeure claimed to delay, hinder or prevent performance of the services under this Contract. In the event either party is prevented or delayed in the performance of this obligation because of such Force Majeure, there shall be an equitable adjustment of the schedule. In the event there is a fluctuation in the costs or price associated with the project due to occurrence of a force majeure event, such price differential shall be borne by the party claiming the force majeure delay. However, if the party claiming the delay can show good faith efforts to mitigate the costs and demonstrates that the party’s action, inaction, or omission did not contribute Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-23 to the price or costs fluctuation, said increased costs shall be borne equally by both parties. 16.2.3 Contractor will not be liable for failure to perform or for delay in performance because of Force Majeure, including the following: 16.2.3.1 any cause beyond its reasonable control; 16.2.3.2 any act of God; 16.2.3.3 inclement weather; 16.2.3.4 earthquake; 16.2.3.5 fire; 16.2.3.6 explosion; 16.2.3.7 flood; 16.2.3.8 strike or other labor dispute; 16.2.3.9 any shortage or disruption of or inability to obtain labor, material, manufacturing facilities, power, fuel or transportation from unusual sources, or any other; 16.2.3.10 delay or failure to act of any governmental or military authority; 16.2.3.11 any war, hostility or invasion; 16.2.3.12 any embargo, sabotage, civil disturbance, riot or insurrection; 16.2.3.13 any legal proceedings; or 16.2.3.14 failure to act by Contractor’s suppliers due to any cause which Contractor is not responsible, in whole or in part. 16.2.3.15 any disease, epidemic, or pandemic 16.3 Commercial Activities Neither Contractor nor its employees may establish any commercial activity or issue concessions or permits of any kind to third parties for establishing activities at the Airport. 16.4 Records and Audit Contractor and its subcontractors shall maintain records and accounts in connection with all aspects in the performance of this Contract, including those, which will accurately document incurred costs, both direct and indirect, of whatever nature, during and for a period of three (3) years from the expiration or other termination of this Contract, unless otherwise specified by applicable law. The Owner may examine and copy, at all reasonable times, with advance notification, those records and accounts. Contractor shall maintain all records in a central location in Augusta, Georgia. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-24 16.5 Contingent Fees Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Contract; and that Contractor has not paid or agreed to pay any company, association, corporation, firm or person, other than a bona fide employee working for Contractor, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Contract. For the breach or violation of this warranty and upon a finding after notice and hearing, the Owner may terminate the Contract and, at its discretion, may deduct from the Contract sum, or otherwise recover the full amount of any such fee, commission, percentage, gift or consideration. 16.6 Rights and Remedies The rights and remedies of the Owner provided in this paragraph are not exclusive and are in addition to any other rights and remedies provided by law or under this Contract. 16.7 Non-Appropriations Notwithstanding anything contained in this Contract, if sufficient funds have not been appropriated to support continuation of this Contract for an additional calendar year or an additional term of the Contract, this Contract shall terminate absolutely and without further obligation on the part of the Owner at the close of the calendar year of its execution or if the Owner suspends performance pending the appropriation of funds. 16.8 Assignment Without the prior written consent of the Owner, Contractor may not assign, transfer or convey any of its interests under this Contract, nor delegate any of its obligations or duties under this Contract except as provided herein. 16.8.1 Consent of the Owner Required. Any assignment of this Contract or rights under this Contract, in whole or part, without the prior written consent of the Owner will be void, except that, upon ten-(10) calendar days prior written notice to the Owner, Contractor may assign monies due or to become due under this Contract. Any assignment of monies will be subject to proper setoffs in favor of the Owner and to any deductions provided for in this Contract. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-25 16.8.2 No Relief of Responsibilities. No assignment will be approved which would relieve Contractor of its responsibilities under this Contract. 16.9 Parties Bound. This Contract will be binding upon and inure to the benefit of the Owner and Contractor and their respective successors and assigns. 16.10 No Partnership or Joint Venture. Nothing contained in this Contract will be deemed to create a partnership or joint venture between the Owner and Contractor or cause the Owner to be responsible for the debts or obligations of Contractor or any other party. Contractor must not represent to anyone that its relationship to the Owner is other than as the Owner’s Contractor. Contractor must act as an independent agent and not as the agent of the Owner in performing this Contract and shall maintain complete control over its employees and all of its lower-tier suppliers and subcontractors. Nothing contained in this Contract or any lower tier purchase order or subcontract awarded by Contractor will create any contractual relationship between any lower-tier supplier or subcontractor and the Owner. No act or direction of the Owner shall be deemed to be the exercise of supervision or control of the Contractor’s performance hereunder. 16.11 Waiver The failure of the Owner to seek redress for any violation of or to insist upon the strict performance of, any term of this Contract will not prevent a subsequent violation of this Contract from being actionable by the Owner. The provision in this Contract of any particular remedy will not preclude the Owner from any other remedy. 16.12 Compliance with Applicable Laws and Regulations Contractor covenants and agrees that it, its agents and employees shall comply with all Georgia, county, state, and federal laws, Airport Rules and Regulations, and Augusta, Georgia Ordinances applicable to the work to be performed under this Contract, and that it shall obtain all necessary permits, pay all license fees and taxes to comply therewith. Further, Contractor agrees that it, its agents, and employees will abide by all rules, regulations, and policies of Airport during the term of this Contract, including any renewal periods. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-26 16.13 Patent Indemnity Except as otherwise provided, the Contractor shall indemnify Augusta, Georgia and its Board of Commissioners, officers, agents and employees against liability, including costs and expenses for infringement upon any letters or patent of the United States arising out of the performance of this Contract or out of the use or disposal by or for the account of the Owner of supplies furnished or construction work performed hereunder. 16.14 Use of Augusta, Georgia Landfill Contractor shall dispose of all debris and trash from the Airport will be transported to and disposed of at the Augusta, Georgia Solid Waste Landfill in accordance with local and state regulations. The Contractor shall provide evidence of proper disposal through manifests, which shall include the types of material disposed of, the name and location of the disposal facility, date of disposal and all related fees. 16.15 Inspection The Owner may, at reasonable times, inspect the part of the plant, place of business, or work site of a contractor or subcontractor or subunit thereof which is pertinent to the performance of the contract. 16.16 Temporary Suspension or Delay of Performance of Contract To the extent that it does not alter the scope of this Contract the Owner may unilaterally order a temporary stopping of the work, or delaying of the work to be performed by the Contractor under this Contact. 16.17 Entire Agreement This Contract, together with all of the attachments shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Contract shall not be binding upon either party except to the extent incorporated in this Contract. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-27 16.18 Governing Law This Contract will be construed under Georgia law, including the Georgia Uniform Commercial Code; all remedies available under that code are applicable to this Contract. Contractor and the Owner fix jurisdiction and venue for any action brought with respect to this Contract in Augusta, Georgia. 16.19 Legal Construction If any provision contained in this Contract is held to be invalid, illegal or unenforceable, that invalidity, illegality or unenforceability will not affect any other provision of this Contract and this Contract will be construed as if the invalid, illegal or unenforceable provision had never been contained in this Contract. 16.20 Prior Contracts Superseded This Contract and the attachments constitute the sole and only agreement between Contractor and Owner with respect to the subject matter of this Contract and supersede any prior understandings or written or oral contracts respecting the subject matter of this Contract. 16.21 Counterparts This Contract may be executed concurrently in one or more counterparts, each of which will be deemed an original, but all of which will together constitute one (1) Contract. 16.22 Further Acts Owner and Contractor each agrees to perform any additional acts and execute and deliver any additional documents as may reasonably be necessary in order to carry out the provisions and affect the intent of this Contract. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their appropriate officials, as of the date first written above. [SIGNATURES ON THE FOLLOWING PAGE] Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-28 AUGUSTA, GEORGIA ____________________________________________________ Hardie Davis, Jr. Mayor Attest: ______________________________________________ Lena J. Bonner, Clerk of Commission AUGUSTA AVIATION COMMISSION _________________________________________________ James Germany, Aviation Commission Chair Attest: ___________________________________________ Dereena Harris, Clerk of Augusta Aviation Commission CONTRACTOR _________________________ Sworn to and subscribed before me this ____ day of ___________, 202_. ______________________________ Notary Public My commission expires: ____________ (NOTARIAL SEAL) Invitation to Bid Sealed bids will be received at this office until Thursday, June 23, 2022 @ 3:00 p.m. via ZOOM Meeting ID: 892 2279 2165 Passcode: 091508 for furnishing: Bid Item #22-240 Rehabilitation of the Standard Aero Ramp for Augusta, GA – Augusta Regional Airport Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be examined at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901 (706-821-2422). Plans and specifications for the project shall be obtained by all prime contractors, subcontractors, and suppliers exclusively from Augusta Blueprint. The fees for the plans and specifications which are non- refundable are $210.00. It is the wish of the Owner that all businesses are given the opportunity to submit on this project. To facilitate this policy the Owner is providing the opportunity to view plans online (www.augustablue.com) at no charge through Augusta Blueprint (706 722-6488) beginning Thursday, May 12, 2022. 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. Pre-Bid Conference will be held on Monday, June 6, 2022 @ 10:00 a.m. Via Zoom – Meeting ID: 838 1523 4260; Passcode: 490162. Optional Site Visit will be held on Tuesday, June 7, 2022 @ 10:00 a.m. 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 8, 2022 @ 5:00 P.M. No bid will be accepted by fax or email, all must be received by mail or hand delivered. No proposal may be withdrawn for a period of ninety (90) days after BIDs have been opened, pending the execution of contract with the successful vendor. A 10% Bid Bond is required. A 100% performance bond and a 100% payment bond will be required for award. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. 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. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax or email, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle May 12, 19, 26, 2022 and June 2, 2022 Metro Courier May 12, 2022 Revised: 2/19/2016 OFFICIAL Vendors E. R. Snell Contractor Inc 1785 Oak Rd. Snellville, GA 30078 Reeves Construction Co. 1 Apac Industrial Way Augusta, GA 30907 Attachment "B"Yes Yes Addendum 1 & 2 Yes Yes E-Verify Number 22114 667047 Save Form Yes Yes Bid Bond Yes Yes Base Bid $2,102,033.60 $2,666,310.00 Alternate One $1,163,419.75 $906,633.00 Alternate Two $1,216,821.90 $1,090,986.00 Total Base Bid $4,482,275.25 $4,663,929.00 Total Number Specifications Mailed Out: 19 Total Number Specifications Download (Demandstar): 4 Total Electronic Notifications (Demandstar): 100 Total Georgia Procurement Registry: 806 Total Packages Submitted: 2 Total Noncompliant: 0 Bid Opening Bid Item #22-240 Rehabilitation of the Standard Aero Ramp for Augusta, GA - Augusta Regional Airport Bid Date: Thursday, June 30, 2022 @ 3:00 p.m. Page 1 of 1 Commission Meeting Agenda 9/6/2022 2:00 PM Massage Operator License Department:Planning & Development Department:Planning & Development Caption:Motion to approve a request by Stephanie A. Hall for a Massage Operators License to be used in connection with Sport & Injury Bodyworks, LLC located at 645 N Frontage RD. District 3. Super District 10. (Approved by Public Services Committee August 30, 2022) Background:This is a New Location. Analysis:The applicant meets the requirements of the City of Augustaa's Ordinance that regulates Massage Therapy. Financial Impact:The applicant will pay an administrative fee of $120.00 and a fee based on Gross Revenue. 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 Commission Meeting Agenda 9/6/2022 2:00 PM Mr. Maher Naber Department: Department: Caption:Motion to approve allowing the Fire and the Planning & Development departments to meet with Mr. Maher Naber regarding a special use permit for 726 Broad Street and report back in thirty-days or sooner. (Approved by Public Services Committee August 30, 2022) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 9/6/2022 2:00 PM RFP 22-151 Contract between Augusta Regional Airport and Blanchard & Calhoun Insurance Agency, Inc. Department:Augusta Regional Airport Department:Augusta Regional Airport Caption:Motion to approve Contract between Augusta Regional Airport and Blanchard and Calhoun Insurance Agency, Inc. for RFP 22-141 Insurance Brokerage Services. Approved by the Augusta Aviation Commission on August 11, 2022.(Approved by Public Services Committee August 30, 2022) Background:On July 6, 2022, the Airport issued an RFP seeking an insurance broker to provide all insurance services to the Airport. The Broker shall review the Airport’s existing coverages and contracts and make recommendations and suggestions for new services and products to include Aviation Commercial General Liability, Business Auto-Pilot Courtesy Cars, Business Auto- Fleet, Commercial Inland Marine, Directors and Officers Liability, Pollution Liability and Terrorism. The Broker will also be responsible for making recommendations to the Augusta Regional Airport Aviation Commission of the most advantageous insurance programs providing the highest level of coverage at the best possible price to meet the Airport’s needs and objectives. Analysis:In response to RFP Item #22-141 the one (1) proposal received was from Blanchard and Calhoun. This proposal was scored using an evaluation sheet provided by Procurement, with a total possible score of 500. Evaluation criteria included qualifications and experience, organization and approach, financial stability, references and cost/fee consideration. Their Fee Proposal was submitted in a separate sealed envelope and was not opened until the remainder of the RFP Evaluation sheet had been scored. Excluding the Cost fee Consideration, Blanchard and Calhoun Insurance Agency, Inc. received a cumulative score of 417.5. Blanchard and Calhoun’s fee proposal was percentage based on each policy provided which included Business Auto 10%, Directors & Officers Liability 15.5%, Auto Fleet Scheduled Art 15.5%, Pollution Liability 10% and Aviation General Liability 15%. These percentages are paid by the insurance carriers/underwriters, not the Airport. The evaluation committee (i.e., Airport Staff and Procurement) determined that their percentages are within fair market value. Financial Impact: Alternatives:To Deny. Cover Memo Recommendation:Recommend Approval. Approved by the Augusta Aviation Commission on August 11, 2022. Funds are Available in the Following Accounts: 551081101-5231110 REVIEWED AND APPROVED BY: Cover Memo Page 1 of 22 CONTRACT FOR INSURANCE BROKERAGE SERVICES FOR THE AUGUSTA, GEORGIA AT AUGUSTA REGIONAL AIRPORT AND BLANCHARD & CALHOUN INSURANCE AGENCY, INC. Page 2 of 22 TABLE OF CONTENTS Article I Scope of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Article II Data Security and Software . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Article III Staffing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 Article IV Standards and Practices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 Article V Compensation……………………………………………………………....8 Article VI Contract Term……………………………………………………………..8 Article VII Insurance Requirements……………………………………………………….9 Article VIII Indemnification……………………………………………………………… 11 Article IX Broker as Independent Consultant……………………………………….11 Article X Assignment………………………………………………………………11 Article XI Nondiscrimination………………………………………………………11 Article XII Default and Termination………...………………………………………………..12 Article XIII Miscellaneous Provisions……………………………………………………...13 Exhibit A Required Submittals Exhibit B Specified Portions of Broker’s Proposal Exhibit C Broker’s Cost Proposal Page 3 of 22 This Contract for Insurance Brokerage Services for the Augusta Regional Airport is entered into this ____________day of _____________ 2022, by and between Augusta, Georgia (“Augusta”), a political and legal subdivision of the State of Georgia for the Augusta Aviation Commission (hereinafter referred to as "Airport'') and Blanchard & Calhoun Insurance Agency, Inc., (hereinafter referred to as ''Broker''), a Georgia domestic profit corporation whose principal place of business is located at 245 Davis Road, Augusta, Georgia. WITNESSETH: WHEREAS, the Augusta Aviation Commission requires a qualified firm to provide insurance brokerage services; and WHEREAS, the Airport issued a Request For Proposal (RFP), RFP 22-141 Airport Insurance Brokerage Services, requesting proposals from qualified brokers to provide Insurance Brokerage Services and act as the Airports Agent/Broker of Record for various insurance policies; and WHEREAS, Broker responded to the RFP, attached hereto as Exhibit A, and incorporated herein, and represented that it is a qualified Broker that possesses the necessary expertise, knowledge, training, and skills; and bas the capability to perform all requirements and tasks set forth in this Contract; and WHEREAS, the Airport desires to enter into a Contract the Broker. NOW THEREFORE, in consideration of the promises and the mutual covenants contained in this Contract, the sufficiency and receipt of which is hereby acknowledged together, the Parties agree as follows: ARTICLE I SCOPE OF WORK BACKGROUND The Airport is located in Augusta, Georgia and is operated by the Augusta Aviation Commission on behalf of Augusta. The Airport is a full-service commercial airport, as well as a Fixed Based Operator and general aviation facility. The commercial side of the Airport consists of a new main passenger terminal that has been completed and occupied since January 2008. The Augusta Air Trade Area has a population of over 550,000 and is the second largest city in Georgia. The Airport Page 4 of 22 is served by two airlines: Delta Air Lines and American Eagle (d/b/a American Airlines). Augusta Regional Airport is a non-smoking facility. Total Annual Passengers: Total Enplaned Passengers: 2016 552,156 279,105 2017 580,755 292,902 2018 613,517 310,649 2019 673,631 339,925 2020 316,388 (Covid-19) 160,403 2021 514,603 261,149 2022 580,000 (estimated) 293,000 (estimated) 1.0 SERVICES 1.1 The Broker shall review the Airport's existing coverages and contracts and make recommendations to make suggestions for new services and products to include: Aviation Commercial General Liability Business Auto - Pilot Courtesy Cars Business Auto – Fleet Commercial Inland Marine (Equipment and Fine Arts) Directors’ and Officers' Liability Pollution Liability 1.2 The Broker shall maintain full and accurate records with respect to all matters and services provided on behalf of the Airport’s benefit plans and programs. 1.3 Broker shall, as directed by the Airport, negotiate with providers on various topics including, but not limited to, premium rates, benefits levels, performance standards and guarantees, contractual terms and conditions, quality assurance standards, utilization, and performance reports, statistical and/or financial reports. 1.4 Serve as the Augusta Regional Airport Aviation Commission's Agent/Broker of Record for various lines of insurance. Page 5 of 22 1.5 Solicit and analyze proposals received from various insurance companies, negotiate changes for the benefit of the Augusta Regional Airport Aviation Commission and verify the reasonableness of the coverage terms and pricing. 1.6 Represent the Augusta Regional Airport Aviation Commission in all negotiations with insurers, underwriters, and other parties with regard to the Airport's insurance program. 1.7 Provide summaries of the various insurance programs and options. including but not limited to, limits, coverage. retention levels, terms, conditions, payment options, pricing, and insurer quality. 1.8 Make recommendations to the Augusta Regional Airport Aviation Commission of the most advantageous insurance programs providing the highest level of coverage at the best possible price to meet the Airport's needs and objectives. 1.9 Provide analysis and recommendations as to the most cost-effective means for addressing the Augusta Regional Airport Aviation Commission’s exposures. 1.10 Review all policy and contract documents, including binders, issued to ensure that the insurance policies and contracts conform to the proposals offered by the insurers and those accepted and approved by the Augusta Regional Airport Aviation Commission. 1.11 Administer the placement of coverage and provide original binders, policies, and endorsements as requested and required in the timetable specified by the Augusta Regional Airport Aviation Commission. 1.12 Ensure that insurance policies are placed with reputable and financially responsible insurers (based on insurance rating among other criteria) including keeping the Augusta Regional Airport Aviation Commission informed of any changes in rating of the insurers and making recommendations should ratings change during policy term. 1.13 Assist the Augusta Regional Airport Aviation Commission with the review and design of insurance requirements to be used in contracts and leases. Page 6 of 22 1.14 Act as liaison between the Augusta Regional Airport Aviation Commission and the insurers and service companies in assisting with claims and providing certificates of insurance as necessary. 1.15 Review loss runs and provide copies of loss runs and summaries to the Augusta Regional Airport Aviation Commission annually. 1.16 Provide the Augusta Regional Airport Aviation Commission with aviation market trends annually. 1.17 Attend meetings related to the insurance program as requested. 1.18 Perform administrative and clerical services relative to account management, including but not limited to, changes to policies, premium adjustments, verification of accuracy of bills, and audits. 1.19 Submit all payments/premiums to carriers and other parties. All payments/premiums will be made to the selected brokerage Broker. 1.20 Assign account manager to the Augusta Regional Airport Aviation Commission who will be responsible for communication with the Airport and who, along with any other team members assigned, must be available on a 24 hour/7 day a week basis for advice and consultation on insurance program related issues and concerns. 1.21 Prepare and deliver necessary reports, including an annual report which contains a summary of the insurance program in force, coverage provisions, and any insurance claims. 1.22 Assist in the management of claims asserted by passengers and patrons. 1.23 Ensure that the insurance policies provided are in effect continuously without a break in service. Page 7 of 22 ARTICLE II DATA SECURITY AND SOFIWARE 2.1 Broker shall ensure that all personal and medical data provided by the Airport related to its employees or its patrons shall be maintained in a secure environment and protected from unauthorized access. 2.2 Individually identifiable information about the Airport's patrons or employee's past, present, or future health or condition, the provision of health care or payment for the health care is considered "Protected Health Information (''PHI). Broker shall comply with all HIPPA regulations. 2.3 Security Measures. Broker warrants that it has security measures to protect data from unauthorized access both in transmission and while housed. Users access Broker's systems only with a valid Username and Password combination transported over an encrypted SSL protocol. (Description of Security system to be provided by Broker) 2.4 Security Testing Procedures. Broker warrants that its security testing procedures shall protect the Airport's data. (To be provided by Broker) 2.5 Physical Security Measures. Broker utilizes physical security measures to protect server environment where data is housed. (To be provided by Broker) 2.6 Broker acknowledges that the Airport and Augusta are subject to the Georgia Open Records Act. Broker shall immediately notify the Airport's Executive Director or his designee regarding any Open Records Requests received. 2.13 Upon the termination of the contract Broker shall return all data provided by the Airport during the term of the Contract. ARTICLE III STAFFING 3.1 Broker shall provide adequate staffing for the Contract. 3.2 Broker shall utilize the persons listed in its proposal as Key Personnel. Any changes or Page 8 of 22 substitutions in the Broker's personnel providing services shall be disclosed in writing to the Airport's representative. Any substitute personnel shall be qualified in accordance with requirements of this Contract. 3.3 Broker's Key Personnel list is attached hereto as part of Exhibit B. ARTICLE IV STANDARDS AND PRACTICES Broker must conform to the highest standards of practices for the insurance brokerage industry. ARTICLE V COMPENSATION 5.1 Broker shall be compensated at the commission rates on Exhibit C attached hereto. 5.2 Invoices shall be submitted to: Ms. Risa Bingham, Finance Director 1501 Aviation Way Augusta, GA 30901 5.3 PAYMENT: Payment shall be tendered to the Broker upon acceptance and approval by the Airport for satisfactory compliance with the general terms, conditions, and specifications of the Contract, completed services; verification of delivery of products; assurance that the product/service performs as specified and warranted; and receipt of a valid invoice. ARTICLE VI CONTRACT TERM The initial contract term shall be three (3) years. By mutual agreement between the Broker and the Airport, the contract may be renewable for two (2) additional one (1) year periods. In accordance with Georgia Law regarding multi-year contracts, the effective date of the contract shall continue through December 31 of the date of execution. The contract shall: (i) terminate absolutely and without further obligation on the part of Augusta each and every December 31st, as required by O.C.G.A. § 36-60-13, as amended, unless terminated earlier in accordance with the termination provisions in this Article of this Agreement: (ii) automatically renew on each January 1st unless terminated in accordance with the termination provisions of this Agreement; Page 9 of 22 and (iii) terminate absolutely, with no further renewals, on December 31, 2027, unless extended by written amendment. The Contract Term may be extended only by written renewal approved by the Augusta Aviation Commission, Augusta, Georgia Board of Commissioners and executed by the Augusta, Georgia Mayor and the Contractor in accordance with the terms of this Contract. ARTICLE VII INSURANCE REQUIREMENTS 7.1 Broker shall procure and maintain until all of its obligations have been discharged, including any warranty periods under this Contract, are satisfied, insurance against claims for injury to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Broker, his agents, representatives, employees, or sub-Brokers. The insurance requirements herein are minimum requirements for this Contract and in no way, limits the indemnity covenants contained in this Contract. The Airport in no way warrants that the minimum limits contained herein are sufficient to protect the Broker from liabilities that might arise out of the performance of the work under this Contract by the Broker, its agents, representatives, employees or sub- Brokers, and Broker is free to purchase additional insurance. 7.2 MINIMUM SCOPE AND LIMITS OF INSURANCE. Broker shall provide Professional (Errors and Omissions) Liability Insurance. For Professional Services with limits of liability of not less than $1,000,000 per occurrence or claim/ $2,000,000 policy aggregate. Such coverage shall insure damage, injury and loss caused by error, omission, or negligent acts. including all prior acts without limitation, related to the professional services to be provided under the resulting Contract. The definition of Contractual Liability shall be amended to state that liability under a contract of professional services is covered. Further, coverage shall be afforded for personal injury, regulatory actions, wrongful acts, and contractual liability. The Broker shall ensure that coverage under this Policy continues for a period of thirty-six (36) months after completion of services. 7.3 The policy shall be endorsed to include the following additional insured language: "Augusta, Georgia, the Augusta Aviation Commission, their appointed and elected Officials, departments, agencies, boards, commissions, and its officers, officials, agents, Page 10 of 22 and employees shall be named as additional insured" with respect to liability arising out of the activities performed by or on behalf of the Broker. 7.4 Policy shall contain a waiver of subrogation against the "Augusta, Georgia, the Augusta Aviation Commission, their appointed and elected Officials, departments, agencies, boards, commissions, and its officers, officials, agents, and employees" for losses arising from work performed by or on behalf of the Broker. 7.5 In the event that the professional liability insurance required by this Contract is written on a claims-made basis, Broker warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning at the time work under this Contract is completed. The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Work of this contract. This coverage shall be written with all Environmental/Pollution exclusions deleted. 7.6 Verification of Coverage: Broker shall furnish the Airport with certificates of insurance as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by the Airport before work commences. Each insurance policy required by this Contract must be in effect at or prior to commencement of work under this contract and remain in effect for the duration of the project. Failure to maintain the insurance policies as required by this Contract, or to provide evidence of renewal, is a material breach of contract. 7.7 Sub-Brokers: It is the sole responsibility of the Broker to ensure that all sub-Brokers are covered under its policies of insurance or to ensure all sub-Brokers have separately procured any and all types and limits of insurance that is required under any and all pertinent state, federal and local laws, ordinances, or resolutions that is suitable for asbestos testing and inspection. Page 11 of 22 ARTICLE VII INDEMNIFICATION The Broker shall indemnify, defend and save harmless Augusta, Georgia and the Augusta Aviation Commission, and their employees, agents, and representatives from all claims, losses, suits or demands for bodily injury and property damage suffered by Augusta, the Augusta Aviation Commission, their employees, agents, contractors, customers, invitees or other third parties arising out of the negligence, willful misconduct of the Broker or the Broker's failure to perform its obligations under this Agreement. The Airport shall give the Broker timely notice on any claim coming under the scope of this paragraph. The Broker shall be entitled to control the defense in such actions and make all decisions with respect to settlement or compromise and appeal. ARTICLE IX BROKER AS INDEPENDENT CONSULTANT In conducting its business hereunder, Broker acts as an independent consultant or contractors and not as an employee or agent of Airport. The selection, retention, assignment, direction, and payment of Broker s employees shall be the sole responsibility of Broker. ARTICLE X ASSIGNMENT This Contract shall not be sold, assigned, or transferred by Broker by process or operation of law or in any other manner whatsoever, including intra-corporate transfers or reorganizations between or among a subsidiary of Broker, or with a business entity which is merged or consolidated with Broker or which purchases a majority or controlling interest in the ownership or assets of Broker without the prior written consent of the Airport. ARTICLE XI NONDISCRIMINATION Notwithstanding any other provision of this Contract, during the performance of this Contract Broker, for itself, its heirs, personal representatives, successors in interest and assigns, as part of the consideration of this Contract does hereby covenant and agree, that: 11.1 No person on the grounds of race, creed, color, sex, age, handicap, or national origin shall Page 12 of 22 be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of the Premises. 11.2 In the construction of any improvements on, over, or under the Premises and the furnishing of services thereon, no person on the grounds of race, creed, color, sex, age, handicap, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination; and 11.3 The Broker shall use the Premises in compliance with all other requirements imposed by or pursuant to 14 CPR Part 152 and Title VI of the Civil Rights Act of 1964 and 49 CFR, Subtitle A, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as such Title and Regulations may be amended. ARTICLE XII DEFAULT AND TERMINATION Termination by Airport. This Contract shall be subject to termination by the Airport at any time in the opinion of the Airport the Broker fails to carry out the Contract provisions of any one or more of the following events: 12.1 The default by Broker in the performance of any of the terms, covenants, or conditions of the Contract, and/or the failure of Broker to remedy, or undertake to remedy with sufficient forces and to the Airport's reasonable satisfaction. The Airport shell provide the Broker with notice of any conditions which violate or endanger the performance of the Contract. If after such notice the Broker mils to remedy such conditions within thirty (30) days to the satisfaction of the Airport, the Airport may exercise its option in writing to terminate the Contract without further notice to the Broker and order the Broker to stop providing services immediately and vacate the premises; and to cancel ordered products with no expense to the Airport. 12.2 Broker files a voluntary petition in bankruptcy, including a reorganization plan, makes a general or other assignment for the benefit of creditors, is adjudicated as bankrupt or if a receiver is appointed for the benefit of creditors, is adjudicated as bankrupt or if a receiver Page 13 of 22 is appointed for the property or affairs of Broker and such receivership is not vacated within thirty (30) days after the appointment of such receiver. 12.3 Broker's failure to provide services according to the specifications contained herein. 12.4 Broker’s failure to keep, perform, or observe any other term or condition of this Contract. 12.5 Broker’s performance of the Contract is unreasonably delayed. 12.6 The Airport reserves the right to terminate this Contract if the services provided under this Contract do not meet or exceed existing industry standards. The Airport reserves the right to make the final determination as to the quality of services. ARTICLE XIII MISCELLANEOUS PROVISIONS 13.1 Entire Agreement. This Contract constitutes the entire agreement between the parties, and as of its effective date supersedes all prior or independent contracts between the parties covering the subject matter hereof for the services to be provided, and all representations, warranties, inducements, promises or contracts, oral or otherwise, between the parties not embodied in this Contract shall be of no force or effect. 13.2 The Airport hereby engages the Broker and Broker hereby agrees, to perform the services hereinafter set forth in accordance with this Contract, consisting of the following documents: 13.2.1 Any amendments as mutually agreed and signed by both parties; 13.2.2 Any subsequent Change Orders as mutually agreed to and approved by Airport; 13.2.3 Broker's insurance certificates; 13.2.4 Broker's licenses and permits; 13.2.5 Specified portions of Broker's RFP; and 13.2.6 Broker's Required Submittals. 13.3 Modifications. The Airport and Broker hereby agree no modifications or amendment to this Contract shall not be binding upon the parties unless the same is in writing, conforms to the Airport's policies and procedures governing change orders, is signed by the Airport's Page 14 of 22 and the Broker's duly authorized representatives in the same manner as this Contract is executed. 13.4 Severability. If a provision or term hereof shall be finally declared void or illegal by any court or administrative agency having jurisdiction, the entire Contract shall not be void, but the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. 13.5 Notice. Any notice given by one party to the other in connection with this Contract shall be in writing and shall be sent by certified mail, return receipt requested with postage and fees prepaid to: The Airport: Augusta Aviation Commission Attention: Airport Executive Director 1501 Aviation Way Augusta, GA 30906 With a Copy to: General Counsel Augusta Law Department 535 Telfair Street, Suite 3000 Augusta, Georgia 30901-2374 If to Broker, addressed to: Blanchard & Calhoun Insurance Agency, Inc. Attention: Preston Moss 245 Davis Road Augusta, GA 30907 Notices shall be deemed to have been received on the date of receipt as shown on the return receipt. 13.6 Headings. The headings used in this Contract are intended for convenience and reference only and do not define or limit the scope or meaning of any provision of this Contract. 13.7 Force Majeure. Neither party shall be held to be in breach of this Contract because of any failure to perform any of its obligations hereunder if said failure is due to any act of God, Page 15 of 22 fire, flood, accident, strike, riot, insurrection, war, or any other cause over which that party has no control. Such party shall give notice and full particulars of such Force Majeure in writing to the other party within a reasonable time after occurrence of the event and the obligation of the party giving such notice shall endeavor to remove or overcome such inability with all reasonable dispatch. 13.8 Waiver. The waiver of any breach, violation, or default in or with respect to the performance or observance of the covenants and conditions contained herein shall not be taken to constitute a waiver of any subsequent breach, violation, or default in or with respect to the same or any other covenant or condition hereof. 13.9 Controlling Law and Venue. All claims, disputes, and other matters in question between and the Broker arising out of or relating to the Agreement, or the breach thereof shall be decided in the Superior Court of Richmond County, Georgia. The Broker, by executing this Agreement, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. 13.10 Dispute. Any disputes regarding the terms or conditions or performance under this Contract shall be amicably resolved if possible. If efforts by both parties to resolve the disputes are unsuccessful, all disputes shall first be resolved through non-binding arbitration or mediation. If the parties cannot come to a resolution through arbitration or mediation, the aggrieved party may file a civil action in a court of law. Each party shall be responsible for its own costs and fees, including attorney’s fees, for the arbitration, mediation, or a civil action. 13.11 Broker Affidavit and Compliance. Pursuant to the Georgia Security and Immigration Compliance Act of 2006, the Broker understands and agrees that compliance with the requirements of O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-.02 are conditions of this Contract. The Broker further agrees that such compliance shall be attested by the Broker through execution of the Broker affidavit required by Georgia Department of Labor Rule 300-10-1-.07, or a substantially similar Broker affidavit. The Broker's fully executed affidavit is attached hereto and is incorporated into this Contract Page 16 of 22 by reference. 13.12 Successors and Assigns. This Contract shall be binding on the parties hereto, their successors and assigns, the Broker agrees and understands that it may not transfer or assign this Contract or any of its right or obligations hereunder without written permission of Augusta. 13.13 Broker's Representations: The Broker represents and warrants to the Airport that this Contract and the Broker's obligation hereunder do not violate any applicable federal, state, or local law, rule, or regulation and that in the event any approvals of any governmental entity are required for the performance of any Broker's obligations hereunder, all such approvals shall be obtained by the Broker at its sole costs and expense in a timely manner. The Broker represents and warrants to the Airport that no such approvals of any governmental entity involved in the regulation of banking activities are required to be obtained by the Broker in connection with the performance by the Broker of any of its obligations hereunder or the exercise of any of its rights hereunder, or as a result of the performance by the Broker of any of its obligations hereunder. The Broker further warrants that it is a validly existing Georgia corporation and that it has all the necessary licensing and permits to provide the services herein. 13.14 Existence and Powers. The Broker is duly organized and validly existing under the laws of Georgia and is duly qualified to do business in the State of Georgia, with full power, authority, and legal right to enter into and perform its obligations under this Contract. 13.15 Due Authorization and Binding Obligation. This Contract has been duly authorized, executed and delivered by the Broker and constitutes a legal, valid end binding obligation of the Broker, enforceable against the Broker in accordance with its terms, except to the extent its enforceability may be limited by (i) applicable bankruptcy, reorganization, moratorium or similar laws affecting enforcement of creditors' rights or remedies generally, (ii) general equitable principles concerning remedies, and (iii) limitations on the enforceability of rights to indemnification by federal or State laws or regulations or public policy. Page 17 of 22 13.16. No Conflict. To its knowledge, neither the execution nor delivery of this Contract by the Broker , nor the performance by the Broker of its obligations hereunder (i) conflicts with, violates or results in a material breach of any law or governmental regulation applicable to the Broker, (ii) conflicts with, violates or results in a material breach of any term or condition of any order, judgment or decree, or any contract, Contract or instrument, to which Broker is a party or by which Broker or any of its properties or assets are bound, or constitutes a material default under any of the foregoing, or (iii) constitutes a default under or results in the creation of, any lien, charge, encumbrance or security interest upon any assets of the Broker under any Contract or instrument to which the Broker is a party or by which the Broker or its assets may be bound or affected. 13.17 No Approvals Required. No approval, authorization, order, or consent of, or declaration, registration or filing with, any Governmental Authority is required for the valid execution and delivery of this Contract by the Broker or the performance of its obligations hereunder, except such as have been duly obtained or made. 13.18 Financial Condition. There has been no material adverse change in the financial condition of the Broker that would impair the ability of the Broker to perform its obligations under this Contract. 13.19 No Collusion. The Broker- s proposal is genuine and not collusive or a sham. The Broker has not colluded, conspired, connived, or agreed, directly or indirectly, with any other person, to put in a sham proposal, or to refrain from proposing, and has not in any manner, directly or indirectly, sought, by Contract, collusion, communication or conference with any person, to fix the prices of the Broker's proposal or the proposals of any other Person or to secure any advantage against any Person interested in this Contract. 13.20 Information Supplied by Broker. The information supplied and representations and warranties made by the Broker are true, correct, and complete in all material respects. The Broker's proposal does not contain, and shall not contain, any untrue statement of a material fact or omit to state a material fact required to be stated therein, or necessary in order to make the statements therein not misleading. Page 18 of 22 13.21 Ethics, Gratuities and Kickbacks. Neither the Brok.er, any subsidiary, or any agent or other representative of the Broker has given or agreed to give, any employee or former employee of Augusta or Airport or any other person, a gratuity, or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation or any part of a procurement requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing. or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter pertaining to any procurement requirement or a contract or subcontract, or to any solicitation or proposal for a contract or subcontract. Notwithstanding any other provision hereof, for the breach or violation of this representation and warranty and upon a finding after notice and hearing, Augusta may terminate this Contract. 13.22 Contingent Fees. The Broker has not employed or retained any Broker or person, other than a bona fide employee working for the Broker, to solicit or secure this Contract; and the Broker has not paid or agreed to pay any Broker, association, corporation, firm, or person, other than a bona fide employee working tor the .8roker, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Contract. For the breach or violation of this representation and warranty and upon a finding after notice and hearing, the Airport may terminate this Contract and, at its discretion. may deduct from fees or otherwise recover, the full amount of any such fee, commission, percent gift or consideration. 13.23 Compliance with Laws. The Broker shall promptly observe and comply with applicable provisions of all published federal, state and local laws, rules and regulations which govern or apply to the services rendered by the Broker herein, or to the wages paid by the Broker to its employees. 13.24 Permits and Licensing. The Broker will procure and keep in force during the term of this Contract all necessary licenses, registrations, certificates, permits, and other authorizations as are required herein and/or by Georgia and federal laws. Page 19 of 22 13.25 Entire Contract. This Contract constitutes the entire agreement between the parties hereto and no other representation, warranties, or contracts, whether written or oral, shall be binding on either of the parties. This Contract may not be modified except by an instrument in writing signed by both parties. 13.26 The Airport’s contact for this Contract shall be Timothy Weegar. 13.27 Broker's contact for this Contract shall be Preston Moss. IN WITNESS WHEREOF, the parties hereto have executed this Contract, the day and year first written above. AUGUSTA, GEORGIA BLANCHARD & CALHOUN _________________________________ ____________________________________ Hardie Davis, Jr. Preston Moss Mayor President Attest: ______________________________ Witness:_____________________________ Lena J. Bonner, Clerk of Commission (SEAL) AUGUSTA AVIATION COMMISSION By: _____________________________ James Germany Aviation Commission Chairperson Attest: _______________________________ Dereena Harris, Clerk Page 20 of 22 EXHIBIT A REQUIRED SUBMITTALS FOR RFP 22-141 Page 21 of 22 EXHIBIT B SPECIFIED PORTIONS OF BROKER’S PROPOSAL Page 22 of 22 EXHIBIT C BROKER’S COST PROPOSAL Request for Proposals Request for Proposals will be received at this office until Wednesday, July 6, 2022 @ 11:00 a.m. via ZOOM Meeting ID: 860 4292 2302; Passcode: 135819 for furnishing RFP Item # 22-141 Airport Insurance Brokerage Services for Augusta, GA – Augusta Regional Airport RFPs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 RFP documents may be viewed on the Augusta Georgia web site under the Procurement Department ARCbid. RFP documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901 (706- 821-2422). Pre-Proposal Conference will be held on Tuesday, June 14, 2022 @ 10:00 a.m. via ZOOM – Meeting ID: 843 3661 4022; Passcode: 471060 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 15, 2022 @ 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 their 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 19, 26, 2022 and June 2, 9, 2022 Metro Courier May 19, 2022 Revised: 3/22/21 OFFICIAL VENDORS Attachment "B" Addendum 1 E-Verify Number SAVE Form Original 7 Copies Fee Proposal Legacy Risk Solutions, LLC dba Blanchard & Calhoun Insurance Agency 245 Davis Road Augusta, GA 30907 Yes Yes 687803 Yes Yes Yes Yes Total Number Specifications Mailed Out: 21 Total Number Specifications Download (Demandstar): 4 Total Electronic Notifications (Demandstar): 165 Georgia Procurement Registry: 1196 Total packages submitted: 1 Total Noncompliant: 0 RFP Opening - RFP Item #22-141 Airport Insurance Brokerage Services for Augusta, GA –Augusta Regional Airport Date: Wednesday, July 6, 2022 @ 11:00 a.m. via ZOOM Page 1 of 1 Legacy Risk Solutions, LLC dba Blanchard & Calhoun Insurance Agency 245 Davis Road Augusta, GA 30907 Legacy Risk Solutions, LLC dba Blanchard & Calhoun Insurance Agency 245 Davis Road Augusta, GA 30907 Ranking of 0-5 (Enter a Evaluation Criteria Ranking Points 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 2. Qualifications & Experience (0-5)20 5.0 100.0 3. Organization & Approach (0-5)15 5.0 75.0 4.Scope of Services – Provide experience and approach to the Scope of Services included in Section 4 and to include the following: • Firms Knowledge and Understanding of aviation-related Insurance needs and coverage requirements. • Firms’ qualifications and aviation-related Insurance Experience of Agent assigned to accounts. • Services and Management Approach to Servicing account. • Demonstrated Knowledge and Understanding of aviation-related insurance market trends. (0-5)20 5.0 100.0 5. Financial Stability (0-5)5 3.5 17.5 6. References (0-5)5 5.0 25.0 a. Within Richmond County 10 points 5 10 5.0 50.0 b. Within CSRA 6 points 5 6 0.0 c. Within Georgia 4 points 5 4 0.0 d. Within SE United States (includes AL, TN, NC, SC, FL) 2 points 5 2 0.0 e. All Others 1 points 5 1 0.0 375 23.5 367.5 8. Presentation by Team (0-5)10 0 9. Q&A Response to Panel Questions (0-5)5 0 Lowest Fees 5 10 5.0 50.0 Second 5 6 0.0 Third 5 4 0.0 Forth 5 2 0.0 Fifth 5 1 0.0 125 5.0 50.0 500 28.5 417.5 Phase 1 Total - (Total Maximum Ranking 25 - Maximum Weighted Total Possible 375) Vendors Phase 1 RFP Evaluation Sheet - RFP Item #22-141 Airport Insurance Brokerage Services for Augusta, GA – Augusta Regional Airport Evaluation Meeting: Wednesday, July 20, 2022 @ 2:00 p.m. Weighted Scores 7. Proximity to Area Procurement DepartmentRepresentative:_________Nancy Williams_________________________________ Procurement Department Completion Date: 7/18/22 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 Evaluator: Cumulative Date: 7/15/2022 Total (Total Possible Score 500) Total (May not Receive Less Than a 3 Ranking in Any Category to be Considered for Award) Total Phase 2 - (Total Maximum Ranking 15 - Maximum Weighted Total Possible 125) Total Cumulative Score (Maximum point is 500) 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) 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 9/6/2022 2:00 PM Robert Davis Department: Department: Caption:Motion to approve an update regarding SPLOST 8 funding in 30-days; and determine relationship with the Augusta Recreation Department and Augusta R/C Supercross as presented by Mr. Robert Davis at Augusta's Bayvale Park at next week's Commission meeting. (Approved by the Public Services Committee August 30, 2022) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo --a- AGENDA ITEM REQUEST FORM Commission meetings: First and third Tuesdays of each month - 2:00 p.m. Committee meetings: Second and last Tuesdays of each month - L:00 p.m. Commission/Committee: (Please check one and insert meeting date) Commission Date of Meeting Public Safety Committee Date of Meeting Public Services Committee Date of Meetilg August 30th 2OZZ Administrative Services Committee Date of Meeting Engineering Services Committee Date of Meeting Finance Committee Date of Meeting Contact Information for IndividuaUPresenter Making the Request: Name: Robert Davis Address: P.O. Box 333 Evans. Ga. 30809 TelephoneNumber: 706-82s4023 Fax Number: E-Mail Address: augustarcsupercross@gmail.com Caption/Topic of Discussion to be placed on the Agenda: Augusta R/C Supercross @ Bayvale Park - 3470 Milledgevllle Rd, Augusta, GA 30909 \Mat we offer to the community & Augusta Parks & Recs We need support for our program to stay alive. We have been personally funding this program since 2001 And now the parks infrastructure is failing/unsafe and we are shut down without electricity Please send this request form to the following address: Ms. Lena J. Bonner Telephone Number: 706-82l-1820 Clerk of Commission Fax Number: 706-821-1838 Suite 220 Municipal Building E-Mail Address: nmorawski@augustaga.gov 535 Telfair Street Augusta, GA 30901 Requests may be faxed, e-mailed or delivered in person and must be received in the Clerk,s Office 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 witl be allowed for presentations. Commission Meeting Agenda 9/6/2022 2:00 PM STVT-AAI Education, dba Miller Motte College Service Agreement Department:Augusta Transit Department:Augusta Transit Caption:Motion to approve a student transportation contract with transit fees of $2.75 per student per quarter for STVT-AAI Education, Inc. dba Miller Motte College (hereinafter referred to as “Miller-Motte”) students to receive transportation services to and from campus with valid student identification cards issued by the college at no direct charge to the student as presently being offered to other area colleges.(Approved by Public Services Committee August 30, 2022) Background:Miller Motte College is an accredited two-year college offering associate degree programs. Miller Motte College would like to afford their students transportation services. The students will show there ID provided by the college and board the bus. Analysis:Support of the transit service would afford students without transportation the opportunity to attend Miller Motte College. Billing will be based upon student enrollment. Financial Impact:Increase in Transit Revenue. Alternatives:Deny. Recommendation:Approve the request for service. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Cover Memo 1 TRANSIT SERVICE AGREEMENT BETWEEN AUGUSTA, GEORGIA AND STVT-AAI EDUCATION, INC. DBA MILLER-MOTTE COLLEGE No. Augusta Transit Department THIS AGREEMENT, made as of this _____ day of __________, 2022, (hereinafter called the “execution date”) by and between, Augusta, Georgia (hereinafter referred to as “Augusta, Georgia” or “Augusta”), a political subdivision of the state of Georgia, by and through its Augusta Transit Department (“Augusta Transit”) and STVT-AAI Education, Inc. dba Miller-Motte College (hereinafter referred to as "Miller-Motte”). ARTICLE I. TERM AND RENEWAL This Agreement shall commence on ____________, 2022. The initial term of this Agreement shall be through ______________. This Agreement shall (i) terminate absolutely and without further obligation on the part of Augusta each and every December 31st 11:59 P.M., as required by OCGA § 36-60-13, as amended, unless terminated earlier in accordance with the termination provisions in this Article of this Agreement; (ii) automatically renew on January 1st at 12:00 A.M., unless terminated in accordance with the termination provisions of this Article of this Agreement; and (iii) terminate absolutely, with no further renewals, on _____________________, unless extended by written amendment. The Agreement term may be extended only by written renewal approved by the Augusta, Georgia Board of Commissioners and executed by the Augusta, Georgia Mayor and Miller-Motte in accordance with the terms of this Agreement. ARTICLE II. OBLIGATION AND PAYMENT FOR SERVICES Miller-Motte shall prepay to Augusta Transit a fee of two dollars and seventy-five cents ($2.75) per school quarter/semester, per student who possesses a valid student identification card for the semester specified. Miller-Motte shall provide official student enrollment figures to Augusta Transit on or before the thirtieth (30th) day of class each semester. Augusta Transit shall provide an invoice to Miller-Motte each semester based on the official student enrollment report. Payment shall be made payable to Augusta Transit on or before the thirtieth (30th) day of classes of each semester and such payment shall be sent directly to Augusta Transit for deposit and tracking purposes. Augusta Transit shall provide transportation service at no direct charge to the student or additional cost to Miller-Motte on all existing routes. Students must present a valid student identification card issued by Miller-Motte for the current school semester. Students with a valid student identification card issued by Miller-Motte may ride on all existing routes from the first scheduled day of classes each semester up to the beginning date of the next semester. Students will be provided this service on all days that regular route services are in operation through Augusta Transit. Holidays which are contained in Exhibit “A” (which is attached hereto and incorporated by reference herein) will be excluded except as noted. 2 ARTICLE III. TERMINATION A. Termination for Convenience. Each Party may, for its own convenience, without cause and without prejudice to any other right or remedy of the other Party, elect to terminate the Agreement, in whole or in part, by delivering to the other party, at the address listed in the Notices Article of this Agreement, a written notice of termination specifying the effective date of termination. Such notice shall be delivered to the other Party at least sixty (60) days prior to the effective date of termination. B. Termination for Default. If Miller-Motte fails to perform in the manner called for in the Agreement, or if Miller-Motte fails to comply with any other provisions of the Agreement, Augusta may terminate this Agreement for default. Termination shall be affected by serving a notice of termination to Miller-Motte setting forth the manner in which Miller-Motte is in default. Miller-Motte shall be liable only for payment under the payment provisions of this Agreement for services rendered before the effective date of termination. If it is determined that Miller-Motte was not in default or that the failure to perform is excusable, a termination for default will be considered to have been a termination for the convenience of Augusta, Georgia and the rights and obligations of the parties shall be governed accordingly. If this Agreement is terminated by Augusta pursuant to paragraph A or B above, the termination will not affect any rights or remedies of Augusta then existing or which may thereafter accrue against _______________. C. Miller-Motte Default - If Miller-Motte defaults by failing to substantially perform, in accordance with the terms of this Agreement, Augusta in its sole discretion may, in the case of a termination for breach or default, allow Miller-Motte an appropriately short period of time in which to cure the defect. In such case, the notice of termination shall state the time period in which cure is permitted and other appropriate conditions. If Miller-Motte fails to remedy to Augusta’s satisfaction the breach or default or any of the terms, covenants, or conditions of this Agreement within ten (10) days after receipt by Miller-Motte or written notice from the Augusta setting forth the nature of said breach or default, Augusta shall have the right to terminate the Agreement without any further obligation to Miller-Motte. Any such termination for default shall not in any way operate to preclude the Augusta from also pursuing all available remedies against Miller-Motte for said breach or default. D. Waiver of Remedies for any Breach. In the event that the Augusta elects to waive its remedies for any breach by Miller-Motte of any covenant, term or condition of this Agreement, such waiver by the Augusta shall not limit its remedies for any succeeding breach of that or of any other term, covenant, or condition of this Agreement. E. Augusta Default - If Augusta defaults by failing to substantially perform, in accordance with the terms of this Agreement, Miller-Motte shall provide written notice to Augusta setting forth the nature of the default and the request for cure within 30 calendar days from the date of 3 receipt of the written notice. In such case, the written notice shall state the time period in which cure is permitted and other appropriate conditions. If Augusta fails to remedy to Miller-Motte's satisfaction the breach or default within 30 days after receipt by Augusta of written notice, Miller-Motte shall have the right to terminate the Agreement without any further obligation to Augusta. F. Augusta, Georgia, may, in its sole discretion, terminate this Agreement immediately for any breach of this Agreement by Miller-Motte, including its students, which endangers or could endanger the public health, safety or welfare, or which jeopardizes, or could jeopardize, in the reasonable opinion of Augusta, its financial condition or Augusta’s ability to continue receiving appropriations. Notice of Termination under this subsection shall be in writing and shall be effective upon delivery to Miller-Motte. G. Except as otherwise provided in this agreement, neither party shall be entitled to recover, lost profits, special, consequential, or punitive damages, attorney’s fees, or costs from the other party to this Agreement for any reason whatsoever. ARTICLE IV. NOTICE Any notice or consent required to be given by or on behalf of any party hereto to any other party hereto shall be in writing and shall be sent by (a) registered or certified United States mail, return receipt requested, postage prepaid, (b) personal delivery to Augusta’s Chief Executive Officer and the Executive Assistant, (c) overnight courier service, or (d) delivered in person to the Miller- Motte College or its authorized representative. All notices sent to the addresses listed below shall be binding unless said address is changed in writing no less than two weeks before such notice is sent. Future changes in address shall be effective upon written notice being given via certified first class U.S. mail, return receipt requested. Such notices will be addressed as follows: If to Augusta: Augusta, Georgia Office of the Mayor 535 Telfair Street, Suite 200 Augusta, GA 30901 With a copy to: Sharon Dottery, Director Augusta Transit 2844 Regency Blvd Augusta, Georgia 30904 If to Miller-Motte: Miller-Motte College Pamela Fable Executive Director 4 3128 Deans Bridge Road Augusta, Georgia 30906 ARTICLE IV. GENERAL INFORMATION A. Hold Harmless. To the fullest extent of the law, Miller-Motte covenants and agrees that it will indemnify and hold harmless Augusta, Georgia and all of the county's officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, action, neglect or omission by Miller-Motte or any of its student riders during the performance of this Agreement, whether direct or indirect, and whether to any person or property to which Augusta, Georgia or said parties may be subject, accept that Miller-Motte, will not be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from sole negligence of Augusta, Georgia or any of its officers, agents or employees. B. Georgia Laws Govern. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Georgia. C. Venue. This Agreement shall be deemed to have been made and performed in Augusta, Georgia. For the purpose of venue, all suits or causes of action arising out of this Agreement shall be brought in the Superior Court of Richmond County, Georgia. Miller-Motte, by executing this Agreement, specifically consents to jurisdiction and venue in Richmond County and waives any right to contest the jurisdiction and venue in the Superior Court of Richmond County, Georgia. D. Assignments. Augusta has entered into this Agreement in part on the basis of personal reliance in the integrity and qualifications of Miller-Motte. Miller-Motte agrees it shall not delegate, assign, subcontract, transfer, pledge, convey, sell, or otherwise dispose of the whole or any part of this Agreement or its right, title, or interest therein to any person, firm, or corporation without the previous written consent of Augusta. Any attempted assignment by Miller-Motte without prior express written approval of Augusta shall at Augusta’s sole option terminate this Agreement. E. Excused Performance. If because of riots, war, public emergency or calamity, fire, flood, earthquake, act of God, government restriction, labor disturbance or strike, transit operations through Augusta, Georgia are interrupted or stopped, performance of this agreement, with the exception of moneys already due and owing, shall be suspended and excused to the extent commensurate with such interfering occurrence. The expiration date of this agreement may be extended for a period of time equal to the time that such default in performance is excused. F. Inclement Weather Cancellation or Delay of Service. Augusta, Georgia shall not charge for days when shuttle or bus service is cancelled due to inclement weather or general government closure. Augusta Transit shall advise the Office of the President as to the times of delays and/or cancellations of transit services. G. Licenses, Permits and Certifications. Miller-Motte hereby warrants and represents that at all times 5 during the term of this Agreement it shall maintain in good standing all required licenses, certifications, and permits required under federal, state and local laws. H. Waiver. The waiver by either party of any failure on the part of the other party to perform in accordance with any of the terms or conditions of this Agreement shall not be construed as a waiver of any future or continuing similar or dissimilar failure. I. Severability. In the event any provision of this Agreement is held to be unenforceable for any reason, the remainder of the Agreement shall be in full force and effect and enforceable in accordance with its terms. J. No Conflict. Contractor represents and warrants that it presently has no interest, direct or indirect, and covenants and agrees that it will not, during the term of this Agreement, acquire any interest, direct or indirect that would conflict in any manner or degree with the performance of its duties and obligations hereunder. Contractor further covenants and agrees for itself, its agents, employees, directors and officers to comply fully with the provisions of the Official Code of Georgia (OCGA §§45-10-20 et. seq.) and the provisions of the Augusta, Georgia Code of Ethics governing conflicts of interest of persons doing business with Augusta, as such provisions now exist and may be amended hereafter. Miller-Motte represents and warrants that such provisions are not and will not be violated by the Agreement or its performance hereunder. K. Compliance with Applicable Laws. The Contractor’s attention is directed to the fact that all applicable federal, state, and County laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over this type of service shall apply to the Agreement throughout, and they will be deemed to be included in the Agreement the same as though herein written out in full. Miller-Motte shall keep itself and its employees fully informed of all laws, ordinances, and regulations in any manner affecting those engaged or employed in the Work or the materials used in the Work or in any way affecting the conduct of the Work and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If Miller-Motte discovers any discrepancy or inconsistency in this Agreement in relation to any such law, regulation, ordinance, order, or decree, it shall promptly report the same, in writing, to Augusta. Miller-Motte shall at all times observe and comply with all such laws, ordinances, and regulations, and shall protect and indemnify Augusta and its agents against any all damages and claims arising out of any violation of such law, ordinance, regulation, order, or decree, whether by Miller-Motte or its employees. L. Georgia Open Records Act. Miller-Motte shall comply with the Georgia Open Records Act, OCGA § 50-18-70 et seq. M. Foreign Corporations. In the event that Miller-Motte is a foreign corporation, partnership, or sole proprietorship, it hereby irrevocably appoints the Georgia Secretary of State as its agent for service of all legal process for the purposes of this Agreement only. N. Judicial Interpretation. The law of the State of Georgia shall govern the construction of this Agreement. Should any provision of this Agreement require judicial interpretation, it is agreed that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that 6 a document is to be construed more strictly against the party who itself or through its agent prepared same, it being agreed that the agents of all parties have participated in the preparation hereof and all parties have had an adequate opportunity to consult with legal counsel. In interpreting this Agreement in its entirety, the printed provisions of this Agreement and any additions written or typed hereon shall be given equal weight, and there shall be no inference, by operation of law or otherwise, that any provision of this Agreement shall be construed against either party hereto. O. Modification. Miller-Motte acknowledges that this Agreement and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Board of Commissioners and approval of the Mayor. P. Sole Agreement. This Agreement constitutes the sole agreement between the parties. No representations oral or written not incorporated herein shall be binding upon the parties. No amendment or modifications of this Agreement shall be enforceable unless approval by action of Augusta. [THIS SPACE INTENTIONALLY LEFT BLANK] 7 IN WITNESS WHEREOF, the parties hereto have caused the Agreement contained in this Attachment to be executed in two counterparts, each to be considered as an original by their authorized representative. STVT-AAI Education, Inc. dba Miller-Motte College ____________________________________ By: Bill Nance, President & CEO Augusta, Georgia ____________________________________ Hardie Davis, Jr., Mayor Attest: ____________________________________ Notary Public My Commission Expires: ___________________________________ Lena J. Bonner, Clerk of Commission 8 EXHIBIT A HOLIDAYS OBSERVED BY AUGUSTA, GEORGIA New Year’s Day Martin Luther King, Jr. Day Good Friday (Office closed, Buses will operate) Memorial Day Juneteenth Independence Day Labor Day Veterans Day (Office closed, Buses will operate) Thanksgiving Day Day after Thanksgiving (Office closed, Buses will operate) Christmas Eve (Service stops at 6:00p) Christmas Day Commission Meeting Agenda 9/6/2022 2:00 PM 2022 - 911 Logo Department:Central Services Department:Central Services Caption:Motion to approve 911 Emergency Services Department to affix 911 Logo for two Public Safety Vehicles.(Approved by Administrative Services Committee August 30, 2022) Background:The 911 Emergency Services Department is requesting to have the 911 logo placed on the two vehicles purchased for the department. This request is to be uniform with identifying the 911 department, similar to other public safety departments in Augusta, Georgia with their specific agency logo. Additionally, when attending public safety related events or in the event of emergencies requiring 911 staff, the vehicle logo will assist in easily identifying the Augusta, Georgia 911 Emergency Services Department. Analysis:Central Services – Fleet Management Division requests approval for 911 Emergency Services to affix the 911 logo on the driver and passenger doors in replacement of the standard Augusta, GA logo. Financial Impact:216-03-7110/52-38110 - $149.80 Alternatives:(1) Approve 911 Emergency Services logo to be affixed; (2) Do not approve 911 logo and affix standard Augusta, Ga logo Recommendation:Motion to Approve 911 Emergency Services Department to affix 911 Logo for two Public Safety Vehicles Funds are Available in the Following Accounts: 216-03-7110/52-38110 - $149.80 REVIEWED AND APPROVED BY: Cover Memo Estimate DATE 8/2/2022 ESTIMATE NO. 21-9406 NAME / ADDRESS First Vehicle Services - 49080 1568 Broad St. Augusta, Ga. 30904 SHIP TO First Vehicle Services - 49080 1568 Broad St. Augusta, Ga. 30904 P.O. NO.TERMS Net 45 DUE DATE 9/10/2022 REP ETD ORDERED BY Kaycee SIGNATURE _________________... TOTAL DATE Thank you for the opportunity! ITEM DESCRIPTIONQTY COST TOTAL Graphics INST Description: "911" decal Size: 15"h x 13.28w 2022 Ford Escape Printed Vinyl: 180Cv3 Color:black on white Finishing: Installed 2 29.95 59.90 Artwork Includes logo clean up, logo creation, or consultation.0.25 60.00 15.00 _____________________________________ Customer acknowledges that any change, alteration or additional charges added to the order shall be subject to further charge as reasonable for the additional materials, labor and margin. Customer grants a security interest in the signage for payment of any amounts not paid upon delivery. Amounts not paid when due shall accrue interest at 19% per annum in addition to attorneys fees of 15% of the amount collected. Customer acknowledges that all payments hereunder shall be made out to AKO Signs, exclusively. Customer shall rely only upon official AKO proof documents, and shall not rely upon any representation or statement by salesperson in conflict therewith. This approval agreement comproses the entire agreement between and among the parties. $74.90 Estimate DATE 7/27/2022 ESTIMATE NO. 21-9363 NAME / ADDRESS First Vehicle Services - 49080 1568 Broad St. Augusta, Ga. 30904 SHIP TO First Vehicle Services - 49080 1568 Broad St. Augusta, Ga. 30904 P.O. NO.TERMS Net 45 DUE DATE 9/10/2022 REP ETD ORDERED BY Kaycee SIGNATURE _________________... TOTAL DATE Thank you for the opportunity! ITEM DESCRIPTIONQTY COST TOTAL Graphics INST Description: "911" decal Size: 15"h x 13.28w 2022 Ford Explorer Printed Vinyl: 180Cv3 Color:black on white Finishing: Installed 2 29.95 59.90 Artwork Includes logo clean up, logo creation, or consultation.0.25 60.00 15.00 _____________________________________ Customer acknowledges that any change, alteration or additional charges added to the order shall be subject to further charge as reasonable for the additional materials, labor and margin. Customer grants a security interest in the signage for payment of any amounts not paid upon delivery. Amounts not paid when due shall accrue interest at 19% per annum in addition to attorneys fees of 15% of the amount collected. Customer acknowledges that all payments hereunder shall be made out to AKO Signs, exclusively. Customer shall rely only upon official AKO proof documents, and shall not rely upon any representation or statement by salesperson in conflict therewith. This approval agreement comproses the entire agreement between and among the parties. $74.90 Commission Meeting Agenda 9/6/2022 2:00 PM 2022 - Engineering Bucket Trucks - ITB 22-214 Department:Central Services Department:Central Services Caption:Motion to approve the purchase of two 2024 ETI ETC40IH, at a individual cost of $176,063.00 each for a total of $352,126.00 from Equipment Technology, LLC. (Bid 22-214) for the Engineering Department-Traffic Engineering Division and Street Lights Division. (Approved by Administrative Services Committee August 30, 2022) Background:The Engineering Department – Traffic Engineering Division and Street Lights Division is requesting to purchase two trucks as replacements for totaled asset # 212159 and asset # 204258 which will be retained until the new vehicle is received at which point will be auctioned. These vehicles are critical to service and maintain street lights and signage throughout the Augusta, GA. Analysis:The Procurement Department published a competitive bid using the Demand Star application for a Truck, Bucket 45 Foot. Invitations to bid were sent to 12 vendors and four responses were received. Equipment Technology, LLC. of Oklahoma City, OK offered the requested equipment within the designated budget and provided all the necessary specifications for the desired equipment. Bid 22-214: Truck, Bucket 45 Foot : 2024 ETI ETC40IH – Equipment Technology, LLC. (Oklahoma City, OK): $176,063.00 x 2 = $352,126.00 Financial Impact:$352,126.00 using Capital Outlay Fund account; 272-04-1610/54.21110 Alternatives:(1) Approve the request; (2) Do not approve the request Recommendation:Motion to approve the purchase of two 2024 ETI ETC40IH Trucks, Bucket 45 foot at a total cost of $352,126.00 from Equipment Technology, LLC. of Oklahoma City, OK (Bid 22-214) for the Engineering Department-Traffic Engineering Division/Street Light Division. Funds are Available in the Following Accounts: $352,126.00 using Capital Outlay Fund account; 272-04-1610/54.21110Cover Memo REVIEWED AND APPROVED BY: Cover Memo Invitation to Bid Sealed bids will be received at this office until Monday, May 2, 2022 @ 11:00 a.m. via ZOOM Meeting ID: 825 7138 1757; Passcode: 105854 for furnishing: Bid Item #22-214 2023 Truck, Bucket 45 Foot for Augusta, GA – Central Service Department Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may be obtained at the offices of Augusta, GA Procurement Department, 535 Telfair Street – Suite 605, Augusta, GA 30901 (706-821-2422). All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, April 15, 2022 @ 5:00 P.M. No bid will be accepted by fax or email, all must be received by mail or hand delivered. No bids may be withdrawn for a period of ninety (90) days after bids have been opened, pending the execution of contract with the successful bidder. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. 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. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax or email, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle March 24, 31, 2022 and April 7, 14, 2022 Metro Courier March 24, 2022 OFFICIAL VENDORS Altec Industries Inc 200 Altec Dr. Elizabethtown, KY 42701 ETI 341 NW 122nd St. Oklahoma City, OK 73114 Versalift Southeast 614 East Hanover Rd. Graham, NC 27253 Attachment B Yes Yes Yes E-Verify Number 1826145 1389794 1428107 SAVE Form Yes Yes Yes 10.01 Keys $122.00 $275.00 $300.00 10.02 Heavy Duty Floor Mats $421.00 $254.00 $168.00 10.03 Winch $4,042.00 $3,416.00 $5,000.00 10.04 Power Inverter $2,319.00 $2,642.00 $2,162.00 YEAR 2026 2024 2023 MAKE Ford ETI Versalift MODEL F550 ETC40IH SST-40-EIH BID PRICE $199,449.00 $169,476.00 $171,626.00 APPROXIMATE DELIVERY TIME June 2026 710 DAYS 420 Days Total Number Specifications Mailed Out: 12 Total Number Specifications Download (Demandstar): 4 Total Electronic Notifications (Demandstar): 92 Georgia Registry: 137 Total Packages Submitted: 4 Total Non-Compliant: 0 Bid Opening Bid Item #22-214 2023 Truck, Bucket 45 Foot for Augusta, Georgia- Central Services Department-Fleet Maintenance Division Bid Due: Tuesday, May 2, 2022 @11:00 a.m. 10.00 OPTIONAL ITEMS BIDDER OFFER Terex Utilities Inc. 3140 15th Ave SE Watertown, SD 57201 Yes 274840 Yes $260.00 $500.00 360 Days $181,899.00 $6,272.00 $3,890.00 2023 Terex LT40 Page 1 of 1 Commission Meeting Agenda 9/6/2022 2:00 PM 2022 - Ford F150s Department:Central Services Department:Central Services Caption:Motion to approve utilizing state contract (#SWC 99999-SPD- ES40199373-002) for the purchase of six Ford F150s, at a total cost of $144,540 from Allan Vigil Ford for various departments. (Approved by Administrative Services Committee August 30, 2022) Background:The state contract holder, Allan Vigil Ford, informed Fleet Management there are six Ford F150s arriving between August and September that can be purchased. Ford cut off orders on all 2022 Ford F150s in early 2021 and 2023 pricing is expected to release in late Fall 2022. The price for each is $24,090 per the attached quote. To ensure the purchase is secured by Augusta Richmond County, Procurement drafted a “Letter of Intent to Purchase” at the request of Central Services-Fleet Management Division. Due to the marketing conditions, there is a possibility Ford manufacture can choose to no fulfil any remaining orders due to low supply and high demand; however, the letter will prioritize the trucks that are built for Augusta Richmond Count and guarantee pricing. Once Commission has approved the order, Fleet Management will acquire the purchase order and submit to the vendor for securing the asset purchase. Central Services is replacing asset #994179 and asset #994436. Engineering is replacing asset #984142 and asset #994401. Utilities is purchasing one truck new and replacing asset #208147. Analysis:The Procurement Department approved the request to utilize Georgia State Contract (#SWC 99999-SPD-ES40199373-002) awarded to Allan Vigil Ford. Allan Vigil Ford - $24,090 each Financial Impact:Fleet Capital (272-01-6440/54-22110) - $96,360 Utilities-Construction Division GMA Lease (631-10-1110/54-99631) - $24,090 Utilities- Metering Division (560-04-3210/5422210) - $24,090 Alternatives:(1) Approve (2) Do not approve Recommendation:Motion to approve utilizing state contract (#SWC 99999-SPD- ES40199373-002) for the purchase of six Ford F150s, at a total cost of $144,540 from Allan Vigil Ford for various departments. Cover Memo Funds are Available in the Following Accounts: Fleet Capital (272-01-6440/54-22110) - $96,360 Utilities-Construction Division GMA Lease (631-10-1110/54-99631) - $24,090 Utilities- Metering Division (560-04-3210/5422210) - $24,090 REVIEWED AND APPROVED BY: Cover Memo R C I A l.adrrrmn SmrL*m htd- Eta rr- TO: FROM: DATE: ST]BIECT: A Laquom smdcrson, Inrcrim Froa Managa (?06) 821-7174 mm;- 'ffi zx_sozz r. OD MEMORANDT}M bw- Geri Sams, Director, procurement Department W Director, central services Departuent Request to ufilize state contract #swc 99999-spD-Es401993 73-002-I'ord F150 central services'Fleet Managcment request to utilize state contract #swc ggggg-spD- ::i9l?:J:-09.? C"|d1150). rhe stui".oot ."t holder, All* vigil For( has six Ford Fl50sffiil;hr"iriiiii,O.t, nnn - ,t$24,090 per the attached quote. The vendor-is requesting a"Letlat of Intent to Purchase'to hold the tnrcks for Augustaru"h9{-county.Dlg to marketing conditions, there is u "h*""Ford manufacture can chooseto.no! fulfil any remaining orders due to low supply ana nigh de,m*a; rro*"uer, ,t , t"rto *ittprioritize the fiucks ttrat ale.uuilt forAugusta niir,ir""ad-*tv and guaranteepricing. onceCommission has approved the order, rleet trrlanage,ment will acguire the purchase order andsubmit to the vendor for securing the asset p*his". Thank you for your assistance. Please call ifyou have any questions or concen6 in regards tothis communication. RL/Kb A LLAN vt G t L F o RD- Lt N co LN' 8*{r** * E N TsArEs ,' 2A22 Ford F150 (1I2 ton) Regular Cab,0 Gyl,4x2, StltlB 81flc *99999€PD-ES4I l S9374{02 Eguipment lnoluded ln Base prlce 3.3L VE Fhx Fuelenglne 6 Speed Automatic Transmission Factory lnstalted A/C AItll-FM Radio SolarTnted Glass Power Steering/A8S Brakes Rear vlew back up camera Vlnyl 4020/40 Bench Seat Rubber Fbor Govering FullSize Spare/ $tep bumper Autotamp headlights Short Bcd {6.5 ft) 6300 G\/WR P245l70Rx17 Tircs Ford SYNC (Bluehoth) GrcwGab only; PowerWindows, Locls & Minors ExEriorCohrs IntedcrColor Dl Stone Gray Gray PQ Raoe Red rr HX Antimatter tslue rr 93 Aths Blue JS lconic Silver UM Agate Black ,' l4l&rbQuizPd GISY---- i- , "{ fYz odord White n--'- ffilEuear 3925.00 Per vehicle FOB Allan Vigil Ford Dellvery- see chart, $75 minimum ALI.AT{ VTGIL FORD GOV'T SALES e?00 ilt. Zion Blvd Morow,GA 30260 770-e88{880 Fhone G78-364-tSl0 Fax 5.01VB Flex Fuelengine 3.51V0 EcoBmst engine* 2.71 V5 Ecoboost Long Bed (8 ft) Extended range fuel tank" Super Cab (6.6 ft. bed) Super Cab (B Il. bed)' 4x4 Option-Regular cab 4X4 Option-Super&Grew Cabt Skld plates (4X4s only) Grew Cab SVI,B (5.5 ft bsd) Grew Cab l-WB'(6.5 fr bod) 3,51 Hybrld engine-Grew Cab) Llmited Slip Axle Daytime Running Lightg Pourer Windows/Locks/Minors Power Seat requlres E5A XL w/ Power W-L-M, SYNC, AM/FM, & Cruise control. l0lA for Crew Gab Class lV Hatch (t ro tow pkg) Trailer Tor Pkg(lncludss G7T) Electric Breke Contoller Tow Minors W spotllghts-' Runnlng boards (black) Cruise Conkol 40-20.f0 Cloth Split Bench Cloth BuckeB w/oonsole*" Rear windov defroster Fog Llghb CarpetW Mats Alurnlnum Whe€ls & BumPers SYNC 4 M SiTiUSXM Tailgate Step Spray-ln Bctlllner Reverse Senslng-requ i rct 53A or 53E XLT Package XLT Power Driver Seat Navigation Pkg (XLT onlYl Xl SSV Packaoe Options total Other vendor added equiPrnent Delivery Total Contact person Agency Phone Number 1,836.00 2,368.00 r,125.00 295.00 410.00 2,525.00 3,890.00 3,495.00 3,045.00 155.00 5,850.00 0,740.00 7,150.00 525.00 42.OO 1,088.00 345.00 2,075.00 9t5.00 109.00 s95.00 265.00 495.00 262.00 216.00 N/C 275.00 305.00 135.00 r40.00 740.00 305.00 355.00 420.00 255.00 5,250.00 330.00 755.00 49.00 321Ie6.00 Codc1836 e95Sggo 99P - tls -ess-xrc * X,lC/Long FlE -x.lE-ltg-wtcs ---- gsD xLg -gl;z-.-_-asR -g'tP _ t01A_ 1014189 538 53A 677 54Y/59S - tBe - oos -cs-ws 57Qts24 -sgs- teglTaen 6241582 -egt --T16-erx lzon 300A l]-gtp_ 50N 66S Basc Prlce SJIL V8 or 3.5L Ecoboost englne requlred Not available wlth regular cab ehort wheel base*** Rsquires E5A (Power YU-L.DUrtil Supor cab & Crew cab onlY,'*' Grew Cab only @Voat&l---tjil{lif0dtl -,ra, -lA\,010'ooM1?nl Central Services Department - Fleet Management Division Replacement Evaluation Form Planned Replacement Yeu: 2022 FundingSource: Fleet Asset Information DepartmentName: Engineering-streetLights Org Key: 276-04-1610 vehicle Description: 1998 Ford Ranger Asset Number: 984142 Division is responsible for the installation, maintenance and repairs on traffic signal control devices. Signature of Director/Elected Officiat: ^ 4 v7 l.t- Name of Director/Elected Official: PurchaseDate: 7/1711998 PurchasePrice: $14933J0 Current Mileage: 190$8? Current Hours: t Criteria Miles/Flours 19 Type ofservi""T M&R Cost 4 Retiabitity Z Condition 3 Total Score 30 88% OR $13.102.80 3 past accidents/Exterior appearance is poor ehicle will be turned in for a new Ford F150.The mileage is 190,887 and the potential rqrlacement mileage is l75K according to the Fleet Managanent Operations, Maintenance and Replacement Policy, 3.02. Vehicte paint and clearcoat is peeling. The departnent has determined that the vehicle cannot be used for any other divisions and will need to be sold on auction. Name of Fleet Manager4aquonac- Sanderson, Interim Fleet Central Services Director Apprbval: Name of Director:'Ron L66-pkin, Int6rim Cenhal Services Director Central Services Department - Fleet Management Division Replacement Evaluation Form Asset Information Department Name: Engineering Date: 23-Jun-22 Org Key: 101-04-1110 Vehicle Description: 2000 Ford Ranger Asset Number: 994401 Assigned Use:Division is responsible for inspections for roadway, bridge, darinways, land development, utility work and othsr construction projects. Signature of DirectoriElected Name of Director/Elected Official: Official:Hameed Malik, PhD, PE Augusta Engineering Dept. Purchase Date: Purchase Price: Current Mileage: $r 6.793.50 t69-974 ment Criteria Miles/Hours 16 Tlpe of Servi""T M&R Cost 4 RetiaUitity-i-- Condition 3 Total Score 26 76% OR $12,743.80 2 past accidents/Exterior appearance is poor Vehicte will be turned in for a new Ford F150.The mileage is 169,974 and the potential acement mileage is 175K according to the Fleet Management Operations, Maintenance and eplacement Policy, 3.02. The evaluated vehicle will reach l75k miles before the new vehicle is ivered. The department has determined that the vehicle cannot be used for any other divisions will need to be sold on auction. Fleet Manager y'.lVqro, Name of Fleet Manf$erfi-44upwC. Sanderson. Interim Fleet Central Services Director Aonr6val:=4/-2y' -/ F Name of Director: Ron L-ampkin,Gterim central Services Director Planned Replacement Year: Funding Source: 2022 AUGUSTA RICHMOND COUNTY Equipment Disposition Form Company ARC Asset #994436 Bumper #RO #207709 Year 1999 Make Model Type Miles/Hours General Description of Repairs Needed Type of Estimate Cost Detail Parts Labor Sublet Total NCC - 4 Accident - Fleet -$ -$ -$ -$ NCC - 5 Operator Abuse -$ -$ -$ -$ NCC - 6 Vandalism -$ -$ -$ -$ NCC - 7 FM Directed -$ -$ -$ -$ NCC - 9 Capital Improve.-$ -$ -$ -$ NCC - D Pursuit Damage -$ -$ -$ -$ NCC - G Emergencies -$ -$ -$ -$ NCC - L Operational Loss 6,942.00$ 564.00$ -$ 7,506.00$ NCC - M Accident - Risk -$ -$ -$ -$ Contract Repairs -$ -$ -$ -$ Disposal Recommended -$ -$ -$ -$ Continuation Approval -$ -$ -$ -$ 2nd Continuation Approval -$ -$ -$ -$ 3rd Continuation Approval -$ -$ -$ -$ Total Cost $7,506.00 Unit can CANNOT be driven/operated Unit presently located at Prepared & Submitted by BK FVS Approval MEB Date 30-Jun-22 County Fleet Manager Response Returned for Information Date Disposal Approval Date Disapproved Date Contract Repair Approval Date Non-Contract Approval Date Continuation Approval Date 2nd Continuation Approval Date 3rd Continuation Approval Date Authorization #Charge Code Approval Signature Date Contractor Shop 1 BROAD STREET DODGE 2,500 99,361PICKUP TRUCK-ALL CODE L - COOLANT IN OIL, RUNS BAD, TRANSMISSION SLIPPING1 2 3 4 FRM-OP-204A.Rev4 Augusta Non-Contract Cover Revised 03/13/2017 REPAIR ESTIMATE FORM WO #207709 Year 1999 Asset #994436 Make DODGE Bumper #0 Model 2,500 Mileage 99,361 Company ARC Dept Contractor Shop 1 Type PICKUP TRUCK-ALL Unit Total NCC Labor Labor Qty Part Number Part Description Price Price Description of Work CODE Hours Subtotal 1 LONG BLOCK 3,800.00$ 3,800.00$ REPLACE ENGINE L 22.00 528.00$ 1 RADIATOR 260.00$ 260.00$ L -$ 1 GASKET KIT 165.00$ 165.00$ L -$ 8 SPARK PLUGS 6.00$ 48.00$ L -$ 2 COOLANT 10.00$ 20.00$ L -$ 1 PLUG WIRES 65.00$ 65.00$ L -$ 5 OIL 3.00$ 15.00$ L -$ 1 OIL FILTER 3.00$ 3.00$ L -$ 1 TRANSMISSION 2,450.00$ 2,450.00$ REPLACE TRANSMISSION L 1.50 36.00$ 1 TRANS COOLER 44.00$ 44.00$ L -$ 12 TRANS FLUID 6.00$ 72.00$ L -$ -$ L -$ -$ L -$ -$ L -$ -$ L -$ -$ L -$ -$ L -$ -$ L -$ -$ L -$ -$ -$ -$ 0 -$ -$ 0 -$ -$ 0 -$ -$ 0 -$ -$ 0 -$ -$ 0 -$ -$ 0 -$ -$ 0 -$ -$ -$ -$ 0 -$ -$ 0 -$ -$ 0 -$ -$ 0 -$ -$ 0 -$ -$ 0 -$ -$ 0 -$ Total Materials 6,942.00$ Total Labor Hours 23.50 Labor Rate 24.00$ Total Labor Cost 564.00$ CODE Outside Vendor Work Amount Total Materials Cost 6,942.00$ Total Labor Cost 564.00$ Total Outside Vendor Cost -$ -$ Total Amount 7,506.00$ Prepared & Submitted by:BK Date 6/30/2022 CO D E L - C O O L A N T I N OI L , R U N S B A D , TR A N S M I S S I O N 0 0 0 FRM-OP-204A.Rev4 Augusta Non-Contract Estimate Revised 1/19/17 REPAIR ESTIMATE FORM WO #207709 Year 1999 Asset #994436 Make DODGE Bumper #0 Model 2,500 Mileage 99,361 Company ARC Dept Contractor Shop 1 Type PICKUP TRUCK-ALL Unit Total NCC Labor Labor Qty Part Number Part Description Price Price Description of Work CODE Hours Subtotal -$ -$ -$ -$ -$ 0 - -$ -$ -$ 0 - -$ -$ -$ 0 - -$ -$ -$ 0 - -$ -$ -$ 0 - -$ -$ -$ 0 - -$ -$ -$ 0 - -$ -$ -$ 0 - -$ -$ -$ 0 - -$ -$ -$ -$ -$ -$ 0 -$ -$ -$ 0 -$ -$ -$ 0 -$ -$ -$ 0 -$ -$ -$ 0 -$ -$ -$ 0 - -$ -$ -$ 0 - -$ -$ -$ 0 - -$ -$ -$ -$ -$ -$ 0 - -$ -$ -$ 0 - -$ -$ -$ 0 - -$ -$ -$ 0 - -$ -$ -$ 0 - -$ -$ -$ 0 - -$ -$ -$ 0 - -$ -$ -$ 0 - -$ -$ -$ - -$ -$ -$ 0 - -$ -$ -$ 0 - -$ -$ -$ 0 - -$ -$ -$ 0 - -$ -$ -$ 0 - -$ -$ -$ 0 - -$ -$ -$ 0 - -$ Total Materials -$ Total Labor Hours - Labor Rate 24.00$ Total Labor Cost -$ CODE Outside Vendor Work Amount Total Materials Cost -$ Total Labor Cost -$ Total Outside Vendor Cost -$ -$ Total Amount -$ Prepared & Submitted by:BK Date 6/30/2022 CO D E L - C O O L A N T I N OI L , R U N S B A D , TR A N S M I S S I O N 0 0 0 FRM-OP-204A.Rev4 Augusta Non-Contract Estimate Revised 1/19/17 Commission Meeting Agenda 9/6/2022 2:00 PM 2022 MARSHAL AIRPORT EXPLORER Department:Central Services Department:Central Services Caption:Motion to approve utilizing a state contract (# SWC 99999-001- SPD0000183-0006 ) for the purchase of one Ford Utility Police K9, at a total cost of $49,614 to Wade Ford for the Richmond County Marshal’s Office – Airport Division. (Approved by Administrative Services Committee August 30, 2022) Background:The state contract holder, Wade Ford, informed Fleet Management that they currently have a Ford Utility Police available on order that is not reserved. Ford is not taking any new orders for 2022 Ford Utility’s as pricing has cut off for government incentives. To ensure the purchase is secured by Augusta Richmond County, Procurement drafted a “Letter of Intent to Purchase” at the request of Central Services-Fleet Management Division. Due to the marketing conditions, Ford manufacture can choose to not fulfil any remaining orders due to low supply and high demand; however, the letter will prioritize that the trucks are built and price guarantee for Augusta Richmond County. Once Commission has approved the order, Fleet Management will acquire the purchase order and submit to the vendor for securing the asset purchase. Analysis:The Procurement Department approved the request to utilize Georgia State Contract (#SWC 99999-001-SPD0000183-0006) awarded to Wade Ford. Wade Ford - $49,614 each Financial Impact:GMA Lease (631-10-1110/54-99631) $49,614 – Wade Ford Alternatives:(1) Approve (2) Do not approve Recommendation:Motion to approve utilizing a state contract (#SWC 99999-001- SPD0000183-0006) for the purchase of one Ford Utility Police K9, at a total cost of $49,614 to Wade Ford for the Richmond County Marshal’s Office – Airport Division. Funds are Available in the Following Accounts: GMA Lease (631-10-1110/54-99631) $49,614 – Wade Ford funded by airport, approved by their commission 7.28 dbw Cover Memo REVIEWED AND APPROVED BY: Cover Memo @"rrrr-rrr-rlq?.,rtr-rr, %. S"*@o-rd, qt,*t"" LETTER OF TNTENT TO PURCHASE VEHICLE FROM WADE FORD, lNC. This letter of intent dated, July 7 ,2022, is to inform you that the Central Services Department - Fleet Management Division has concluded that we intend to purchase: one (1) 2022 Utility Police lnterceptor (K9 Utitity Package) for our Marshal's Office utilizing: Statewide Contract Number: 99999-001-SPD0000183-0005: Police Pursuit and Special Services Vehicles: Effective Date: Janua ry 4,2022 - Expiration Date: Janua ry 3, 2024- The specific specifications and pricing information for this purchase is attached. 1. Buver: Augusta, Georgia -Centralservices Department: Fleet Management Division 2. Seller: Wade Ford, lnc, Government Sales Center: 3860 S Cobb Dr., Smyrna, GA 30080 3. Vehicle Purchase Price: 545,S55.00 4. K-9 Slick Package Price: 5L3,048.00 (price includes labor) 5. Source: GeorgiaStatewideContractNumber: 99999-001-SPD0000183-0005 A purchase order will be provided upon the approval of the Augusta, Georgia Commission. Respectful ly submitted, GeriA. Sams Director of Procurement Attachments: Vehicle Purchase Price /Specifications/K-9 Quote 535 Telfair Street-Suite 605, Augusta, Georgia 30901 (706) 821-2422 - Fax (706) 821-281 I \\ \\ \\ .itLlgr.tstltga. go\ Register at www.demandstar.com/supplier fbr automatic bid notilication Scan this QR code with your smartphone or camera equipped tablet to visit the Augusta, Georgia 1n:! unurY POuCE lrr[tctTrot (tttttor'tPD@1atffl gTD;croTHFRot{T/vlNYlRG^i,PowEiw|tlDows^ocxs^lliios/DilvEt3E^T,?m'uTiATEDIIitS waDG FoiD6(nEilslfillIAUSCtxlft: taao Sodt Colb Ddv., tqto', AAt00 r!le., nodar Dararldlon ?tlca Totd ffi Pft. rorll s+e b3!+s++YsRls 19 19 ffis.-n 2,799 1 Fhx f{l lR.o. 98F}(10E3)l t (1,61 E7i [rvhw C.mn (Mks U.PltYl E6B6d 797 r9v lnorvl.womnoco.mnd l3 2x lS zl3 56U l lnt tior Uptndt P.ck a.lag 32?lldds D@.-lsl thrt r w/dor ltto? 664 r6d H..dLm Lllttlil Soltltion tal 6rG hrr{oor H.irdht NOP (w/52P}3 I t5'r til L.m, ltocint 59 s59 rtn :l,6hrl I dut nlocl F{tun 668 til bm LE*iil Solution 3 a25 rtc ltM. 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(1t" Full F.el s59 1tx .mw.ttsk n/sx.k r s 311 54E It* Drlftd Alumlhum Whcal ( /t69 'l5S 613 )l0ll SDlii Conmstor 55 a.r VahlcL Prlc. 202r-xr;22 ,tb a G?c O{lcGrcc s s s v,2u 1,565 500 IOrAp.rV.t{d. $ quantlty Rcquasted Ou[qS&,'klawnlory t comptct*Et* rcwh Prgtr(,doa ASamy Coot ct Addrcss PhonG ORD€iTOTAL W$T UATXIXG EQUI?ICXT 3AtE3 I SEIVICE' LLC 115 SAND BAR FERRY ROAD AUGUSTA, GA 30901 Phone f 705-855{916 QUOTE Drtc Quotc i 6124nU22 7182 Name / Address FIRSTVEHICLE ATTN: TERN PO BOX 507 AUGUSTA, GA 30903 250.00 410.00 125.00 535.00 0.00 0.00 55.00 65.00 35.00 60.00 3,000.00 115.00 1,015.00 280.00 115.00 390.00 190.00 1l{).00 35.00 15.00 150.00 2022 FORD UTILITY K-9SLICK TOPPACKAGE SOUND OFI nIORCE INTERIOR WINDSHIELD BAR 12 LED DUAL COLOR ( BLUE/WHITE) souND oFF ENFWBRF(XXX) REAR INTERIOR BAR- DUAL COLOR ( BLUE /AMBER ) COD-CD9O12-PI-BW HIDE A BLAST TWIST LOCK FOR Pru DUAL COLOR BLI,JEIWHITE (HEADLIGHT) FENIEX H-22198W V3 VERSION CANNON BLUE/WHITE ( REVERSE ) CODE3 MICROPAK-DC.BW DIRECIIONAL LED HIDE A BLAST MULTI COLOR BLUE/WHITE ( FRONT AND REARQUARTERPANEL ) SOUND OFF EMT'S2STS4E MTTOWER 4" STI'D MNT 12 LED DUAL COLOR -BLUE/WHITE ( FOGAREA) SOUND OFF ETSA481CSR 4OO SERIES MULNTI,JNCTION SIREN w/ KNOB CONTROL , lOO WATT FENIEX S.2OO9 TRTTON 1OOW SPEAKER IOTTO 42H512 2020+ LmILITY MAX DEPTH CONSOLE (20"FP) 42fu403 4" EQTIIPMENT BRKT- SOT.IND OFF ETSA481C SIREN/CONTROL 42M$3"BLANK JOTTO 42'37U DUAL INTERNAL CUPHOLDER JOTTO 42}6260 UPPER STRUCTI,'RE ARMREST TRIPLE OUTLET sLB FIRE EXTINGUISHER WVEHICLE BRACKET HAVIS K9.F28-T 20202022 IdtTLff Y KENNEL HAVIS K9-A.103 WATERBOWL OPTION ACEK9 HA.252O HEAT ALARM PRO ACEK9 HA-FKTIGP OPTIONAL FAN ACE K9 HA.FWC-1o HEAVY DUTY FAN GUARD ACE K9 HA-RBM-27-RD PAGER KIT WITH ANTENNA WINDOW TINT w/5 " STRIP ATD'974 BOOSTER CABLE KIT WAYTEK 48887 CIRCUIT BREAKER 150 AMP WAYTEK 75716 RELAY SHOP SUPPLY (WRE,LOOM,FUSES, ETC) 410.00 125.00 s35.00 0.00 0.00 55.00 65.00 35.00 60.00 3,000.00 1r5.00 1,0r5.00 280.00 115.00 390.00 190.00 sou-ENFWBF(XXXX) sou-ENFwBRF(Xxx) coD-cD9012-PI-BW FEN.H-22198W COD-MICROPAK-D,.. SOU-EMT'S2ST54E SOU.ETSA4SICSR FEN-92009 1oT4254512 JOT42ffi403 JOT42ms3 loT425-3704 IoT42fr2({ ABL-140553 'LB -25614 Misc HAV-Kg-A-103 Misc Misc Misc Misc TINT ATD-7974 wAY-48887 wAv-75716 Misc Sales Tax (8.0olo) Page 1 UIST UAIIIXG IQUI?IEXT 3AtE3 ' 33IYICC. LLC 115 SAND BAR FERRY ROAD AUGI,'STAGASBOI Phon€ 17(}6.t5fi916 QUOTE D.b Quotc, sr,'rn@2 7182 Nemc/Ad&eec FIRSTVEHICLE ATTN:TERRI POBOX507 AUGUSTA, GA3O9O3 Oty Itcur Dcccriflion R.t Totel LABORTO INSTALL ABOVE 3,550.00 3,550.00 This Quote is an offer by west waming EquiPment to Purduse Goods md/or provide Services (as applicable) to the recepiant of this quote in accordance with the spedfications stad herein. This Quote is notbinding or accepted until the recePitant suPplies West Waming Equipmentwith a purchase order for the quoted goods and/or serivces. Commencement of purdusing Spods and/or providing serives will occur onoe both parties agree uPon a dah. Qtroted Prices are good for 30 salee Tax (8'{lolo) $o'oo Total $13'o4s'oo Page 2 Statewide Contract Information Sheet Statewide Contract Numbet 99999-OO1- SPDOOOOlS3-OOO6 NIGF Code o7105 Name of Contract Police Pursuit and Special Services Vehicles Effective Date Ll4/2022 | Expiration Date L/3/2024 Contract Table of Contents Vendors Awarded 7 Contract Information:Mandatory Contract Contract Information for Vendor Contract Summary Page 1 Wade Ford, Inc.2 Additional Contract Information Contract Renewals/ Extensions/ Changes 3 Specifications 4 Line-Item Listing & Pricing 4 Ordering Instructions 5-6 Contract Ad mi n istrator 7 Contract Information Statewide Contract Number 99999-OO 1-SPDOOOO 183-OOO6 PeopleSoft Vendor N umber ooooo11786 Locatiron Code o6 Vendor Name & Address Wade Ford, fnc. 3680 South Cobb Drive Smyrna, GA 3OO8O TIN: 58-L5443L7 Contract Administrator Roger Moore Government Fleet Sales Telephon e= 67 8-460-388 1 Telephone: 678-303-3812 Email : rmoore@wade.com Contact Details Ordering Information Wade Ford, Inc. 3680 South Cobb Drive Smyrna, GA 3OO80 Remitting Information Wade Ford, Inc. 3680 South Cobb Drive Smyrna, GA 3OO8O Delivery Days Coordinate Delivery Schedule upon Order Payment Terms Net 3O days Bid Offer includes State and Local Governments Acceptable payment method ACH & Purchase Orders 1 Laquona Sanderson From:Laquona Sanderson Sent:Wednesday, July 6, 2022 8:37 PM To:Kaycee Braswell Subject:Fwd: 7-6-22 Ford Utility K9 Airport Approved via email. Send this email with the memo. Q Get Outlook for iOS From: Ron Lampkin <RLampkin@augustaga.gov> Sent: Wednesday, July 6, 2022 6:53:54 PM To: Laquona Sanderson <LSanderson@augustaga.gov> Subject: RE: 7-6-22 Ford Utility K9 Airport Approved! Thank You Ron Lampkin Interim Director Central Services Augusta-Richmond County 2760 Peach Orchard Road Augusta, GA 30906 (706) 821-2300 Office (706) 513-2109 Cell From: Laquona Sanderson <LSanderson@augustaga.gov> Sent: Wednesday, July 6, 2022 5:26 PM To: Ron Lampkin <RLampkin@augustaga.gov> Subject: Fwd: 7-6-22 Ford Utility K9 Airport Ron, Can you review and approve the attached memo via email? The deadlines for vehicle purchases happen so fast due to the shortage so we are requesting a letter of intent from Procurement. Thank you, LaQuona Sanderson Get Outlook for iOS From: Kaycee Braswell <KBraswell@augustaga.gov> Sent: Wednesday, July 6, 2022 3:27:13 PM 2 To: Laquona Sanderson <LSanderson@augustaga.gov> Subject: 7-6-22 Ford Utility K9 Airport Laquona, Please review. Kaycee Braswell Fleet Administrative Coordinator Augusta Richmond County PH: 706-821-2845 Fax: 706-821-1498 This e-mail contains confidential information and is intended only for the individual named. If you are not the named addressee, you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. The City of Augusta accepts no liability for the content of this e-mail or for the consequences of any actions 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, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender therefore does not accept liability for any errors or omissions in the content of this message which arise as a result of the e-mail transmission. If verification is required, please request a hard copy version. AED:104.1 Commission Meeting Agenda 9/6/2022 2:00 PM 2022 RCSO 15PASSENGER TRANSIT GA State Contract Department:Central Services Department:Central Services Caption:Motion to approve utilizing a state contract (#SWC 99999-SPD- ES40199373-009S) for the purchase of one Ford T350 Van, at a total cost of $53,933 to Wade Ford for the Richmond County Sheriff’s Office. (Approved by Administrative Services Committee August 30, 2022) Background:The state contract holder, Wade Ford, informed Fleet Management to place the order to avoid the state contract pricing or manufacture order cut offs. Ford opened orders for Transit vans in early June 2022. The estimated pricing is $53,933 per the attached quote. The purchase of one Ford Transit 15-Passenger van was requested by the Richmond County Sheriff’s Office to replace asset #994141. To ensure we meet the pricing cut off the vendor has recommended placing the order at the estimated cost. Once Commission has approved the order, Fleet Management will acquire the purchase order and submit to the vendor for securing the asset purchase. Analysis:The Procurement Department approved the request to utilize Georgia State Contract #SWC 99999-SPD-ES40199373-009S awarded to Wade Ford. Wade Ford - $53,933 Financial Impact:SPLOST 8 (330-03-1310/222-03-9002/54-22110) $53,933 – Wade Ford Alternatives:(1) Approve (2) Do not approve Recommendation:Receive as information the order place for one Ford Transit 15-passenger van, at a total cost of $53,933 to Wade Ford (#SWC 99999-SPD- ES40199373-009S) for the Richmond County Sheriff’s Office. Funds are Available in the Following Accounts: SPLOST 8 (330-03-1310/222-03-9002/54-22110) $53,933 – Wade Ford REVIEWED AND APPROVED BY: Cover Memo Cover Memo 1 Laquona Sanderson From:Sheila Paulk Sent:Friday, June 17, 2022 1:16 PM To:Kaycee Braswell; Laquona Sanderson Cc:Geri Sams; Darrell White; Doreen Holmes; Nancy M. Williams Subject:RE: 6-15-22 RCSO-Jail 15 Passenger Van Attachments:APPROVAL - FORD 15 PASSENGER VAN.pdf Kaycee / Laquona, Ms. Sams has approved Fleet Management to move forward. However, as stated in the memo, the final approval is based on Commission. Sheila D. Paulk Procurement Department (706) 821-2861 Direct or (706) 821-2811 Fax (706) 821-2498 Print Shop Thank You For Doing Business With Us...... Augusta, Georgia - Procurement Department spaulk@augustaga.gov www.augustaga.gov From: Darrell White <DWhite2@augustaga.gov> Sent: Friday, June 17, 2022 11:08 AM To: Geri Sams <gsams@augustaga.gov> Cc: Sheila Paulk <SPaulk@augustaga.gov> Subject: FW: 6-15-22 RCSO-Jail 15 Passenger Van Importance: High FYI From: Kaycee Braswell <KBraswell@augustaga.gov> Sent: Friday, June 17, 2022 11:03 AM To: Darrell White <DWhite2@augustaga.gov> Cc: Laquona Sanderson <LSanderson@augustaga.gov> Subject: FW: 6-15-22 RCSO-Jail 15 Passenger Van Darrell, Please see that attached memo regarding the Ford Transit 15 passenger van that Wade Ford can order. Fleet Management will wait on Procurements response to advise what to do next. Thanks! Kaycee Braswell Fleet Administrative Coordinator Augusta Richmond County PH: 706-821-2845 2 Fax: 706-821-1498 From: Laquona Sanderson <LSanderson@augustaga.gov> Sent: Friday, June 17, 2022 10:54 AM To: Kaycee Braswell <KBraswell@augustaga.gov> Subject: Fwd: 6-15-22 RCSO-Jail 15 Passenger Van Kaycee, Please see attached. Q Get Outlook for iOS From: Katie Cornelius <KCornelius@augustaga.gov> Sent: Friday, June 17, 2022 10:35:36 AM To: Laquona Sanderson <LSanderson@augustaga.gov> Subject: RE: 6-15-22 RCSO-Jail 15 Passenger Van Q, Please see the attached signed document. সহ঺঻ Thanks, Katie ___________________________________________________________ Katie Cornelius l Administrative Assistant Augusta – Richmond County l Central Services Department 2760 Peach Orchard Rd l Augusta, Georgia 30906 (p) 706-312-4152 KCornelius@augustaga.gov l www.augustaga.gov From: Laquona Sanderson <LSanderson@augustaga.gov> Sent: Thursday, June 16, 2022 12:41 PM To: Katie Cornelius <KCornelius@augustaga.gov> Subject: FW: 6-15-22 RCSO-Jail 15 Passenger Van Please print the attached and have the director sign the memo. Thank you, 3 LaQuona Sanderson LaQuona Sanderson l Business Analyst Augusta – Richmond County l Central Services Department 2760 Peach Orchard Rd l Augusta, Georgia 30906 (p) 706-432-5254 l (f) 706-796-5077 LSanderson@augustaga.gov l www.augustaga.gov From: Kaycee Braswell <KBraswell@augustaga.gov> Sent: Wednesday, June 15, 2022 3:22 PM To: Laquona Sanderson <LSanderson@augustaga.gov> Subject: 6-15-22 RCSO-Jail 15 Passenger Van See attached. Kaycee Braswell Fleet Administrative Coordinator Augusta Richmond County PH: 706-821-2845 Fax: 706-821-1498 This e-mail contains confidential information and is intended only for the individual named. If you are not the named addressee, you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. The City of Augusta accepts no liability for the content of this e-mail or for the consequences of any actions 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, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender therefore does not accept liability for any errors or omissions in the content of this message which arise as a result of the e-mail transmission. If verification is required, please request a hard copy version. AED:104.1 A ""p-.:T?t Senrices DePartment'"fffta,-;Tstiyth A, Dorsc, Director 2760 Peach Orchanl Rood, Augusa, GA 30906Iaquona sandcrsoo' Busincss Analyst (7o6rszr-7r't4fuN (706)796-J077 Fru. 0lo kftW:- TO: FROM: DATE: SUBIECT: MEMORANDUM Geri Sams, I)irector, procurement Deparrtment $5lampkin, Interjm l)irector, Central Senices Departmentt<# June 15,2022 Request to udlize state contract #swc 99999-spD-8s40199373-009s - Ford T350 lS-passenger Van on behalf of the Richmond county sheriffs office, cenhal senrices-Fleet Manageurent requestto utilize state conhact #swc 99999-sPD-ES40199373-009s (Ford T350 passenger van). Fordopened orders for the T350s early June and is expected to have a short order window. The state conhact holder, Wade Fond, informed Flret Management to place the order to avoidsurpasses the state conhact pricing sut off. The estimated dcing is $s:,91s p; th" attachedquote. To ensure we meet the pricing cut offthe vendor has recommended placing the order at theestimated cost' once Commission has app-roved the order, Fleet Manqgement will acquire thepurchase order and submit to the vendoi -for securing the assJ purchasi. - Fleet Management is-requesting permission to place an order for the Riclmond Co,nty Sheriffsoffi ce utilizing spl,osr 8 1r o Jo: - r 3 I o I 222 -O3 -eOW SiZZi t 01. Thank you for your assistance. Please call if you have any questions or concenns in regards tothis communication. RL/Kb Katie Cornelius From: Sent: To: Subject: Attachments: Rachael Hammer <rhammer@wade.com> Thursday, June 02, 2OZ2Z:40pM Kaycee Braswell EXIERNALI Transit Vans :19-]?-r 1 T350 passenger van 2023 Revison (1).xrsx s7.8.9 T-150-2s0-350 cargo Van2023 Revison (1)xlsx The order bank opened a few days ago and were were promised a short window but have not been given anexact end date' lf you can fitl out the worksheets with what you think you wlll need we can place the orderswithout a Po in order to make sure we get them in the system. you will Nor be held responsible for thevehicle unless you issue a Po, we can easlly cancel it, I would iust hate to miss the order window waiting on aPO. Let me know if you have any questions. Thanks! RachaelHammer Government Department Manager Wade Ford 77O-436-L200 Ext 1615 [NorlcE: This message originated outside-of th? city of Augusta's mail system - Do Nor cLlcK on links,open attachments or respond to requests for infornration uiless you are sure the content is safe.l GA stolewide controct 99999 -spD-Es4ot 99g23-oogsSIO/SI2/SI3 T-350 PASSENGER VAN I.OW/MID lHIGH ROOF / Etx2Y, l48'wr, 3.51 std V6, Vinyr seots, Fronr Ac, power Group, Bock-up comwo, AM/FM, sriding side DoorWADE toRD Governmenr sorer 3E60 south cobb Dr smyrno, oA soogoJorld lron Phone fAX emolt Roof Exl Length (lS Tow Power Heoled Minors Full Wheel Covers HD Fronl Troy Floor rotol lody optlonr -----*ffi- Dellvcry C hoEe --*---ES-lictotttc rom-----ffirotoltoch----..---.-.-ffi66- # Unlh lor order rotqlfior otder / po- sE lsg.oo Agency Agency Conloct phone Addrers -ffi BY Schoot Bus Yellow PQ ?oce Red YI Oxford While UM Agqte BlockllerolliCg26- FK Diffused Silver Uetoilic $200- J7 Mognetic Metollic $200 AW (opoor Red Metollic $200 NI Blue Jeons Meiollic $200 UX ngot Silver Metoilic $200 W6 Green Gem Melollic $200 T$T TAIXIXG CQUI?IEXT SAIES I 33IYIGI. LlG 115 SANDBAR FERRYROAD AUGUSTAGASOgOl Phone t m5{55{915 QUOTE Drtt Qoo[.1 6Dtm2 ng7 Natne /Addrcas ERS"TVEHICI,E ATIN:IERRI DOBOX507 AUG['STAY GA 30903 CCID.21TR52A{B FEN{-{010 FBN.H.221gBW FBN.H3217 FBN{-t{t1{ FEN-92009 sou-BTBAStp000 5LB - 25614 ABL-1,{05*t HAV-WGI.F2O sET-loV$UNC M3c LABOR 2OZt TI)RDIEANSITTS5oVAN ( r$ WTTEEL BASE )PRISONER IRANSIORT BLT'E LIGHTS AUGUSIA.BJCXil{OND CNTY 21IB52AI - 52" 21TRSTANDARD MODEL LEDUGHTBAR WIrI{TNGDOWNANDALLEY FEhIIEX C4O1O 42M MINI CONIROLLER TGNIEX H.22T9BW W VEN$ON CANNON BLI'BAAIHITE FENIEX H.1iII7 MErAL r'LINGE W MOI'NTTNG }IARDWARE FtNIEx C4{ru groRM mO 100tA, stREN FENIEX 92(n9 TRTTON lMW SPEAXER SOUND OFF ETBASSANO BACK UPALARM 5LB FIRE EXIINGI'ISIIER W VEHICI,B B,RACKET TRtrI.EOUTLET HAVIS SHIETDS UIINDOWGUAXDXITFOR U PASSENGER OR 15 PASSENGER T4IITH s'TAIING OUT DOORS V1IILL NEEDIO KNOW W}TETIIERTI{E VAN tri A TIOOR 14E MIEEL BASE EBSC'RE ORDEruNG KIT SENNA TOVSCAGE }VM{FULL K)WER EXIENSON PAI{EL sH@slrPPt Y (WIRE LOOMFUSES,ETq LABOR TO INSTALL A8O1'B 155fi) 125.00 {0.m 60.(n 30,q) r"6E5.m 0.m u5.(n 2,850.00 Thle Quoc lgan offoby West Warntg fauip-"t t" p,,rt.* Goodr and/or provtde ServicesGapplicable) to tlre EcePlant of thit quot hr a€cordance witr the spedficatiors sbEd hetein ThtsQuote b not!tuding o( aeepEd urtir the rcepitatrt flppties west wamtu€ Eq'iPtrrEalt wift apucluce order for fte Eroted goods and/q eeriges. dmmencemesrt of p.r.t r"ir,g tlood" .rd/o,providlng serivee will occur once botr parties agree upur. a"e. oooeiil*. r*-?il;;; Salcc Tax (8.0%) $o.m Total %,nLn Commission Meeting Agenda 9/6/2022 2:00 PM 2023 Ford F150s Department:Central Services Department:Central Services Caption:Motion to approve utilizing state contract (#SWC 99999-SPD- ES40199373-002) for the purchase of eight Ford F150s, at a total cost of $306,808 from Allan Vigil Ford for various departments. (Approved by Administrative Services Committee August 30, 2022) Background:To ensure the purchase is secured by Augusta Richmond County, Procurement drafted a “Letter of Intent to Purchase” at the request of Central Services-Fleet Management Division. The state contract holder, Allan Vigil Ford, informed Fleet Management that the Ford manufacture pricing for 2023 Ford F150s opened late July and scheduled to close August 12. Ford requires a purchase order to secure the orders while “Letter of Intent to Purchase” will potentially hold the orders until our agenda process is complete. Once Commission has approved the order, Fleet Management will acquire the purchase order and submit to the vendor for securing the asset purchase. Central Services is replacing asset #F02299. Engineering is purchasing one new truck for a new Inspector. The Marshals Office-Airport Division is purchasing one new truck. Planning and Development – Building Inspections is purchasing two new trucks for two new Inspectors. Utilities is purchasing two new trucks for Fort Gordon and one new truck for Water Quality. Analysis:The Procurement Department approved the request to utilize Georgia State Contract (#SWC 99999-SPD-ES40199373-002) awarded to Allan Vigil Ford via letter of intent. Central Services – 2023 Ford F150 - $35,853 Engineering – 2023 Ford F150 - $40,580 Marshal-Airport – 2023 Ford F150 - $50,658 Planning and Development – (2) 2023 Ford F150 - $31,198/asset Utilities-Fort Gordon – 2023 Ford F150 - $40,540 and $41,105 Utilities-Water Quality – 2023 Ford F150 - $35,676 Financial Impact:Fleet Capital - (272-01-6440/54-22210) - $35,853 Engineering – NPDES Funds (261-04-1311/54-22210) - $40,580 Marshal-Airport - GMA Lease (631-10-1110/54-99631) - $50,658 Planning and Development - (217-07- 2210/54-22210) - $31,198 each = total $62,396 Utilities-Fort Gordon - GMA Lease (631-10-1110/54-99631) - $40,540 Utilities-Fort Gordon - (506-04-3430/54-22210) - $41,105 Utilities-Water Quality - GMA Lease (631-10-1110/54-99631- $35,676 Alternatives:: (1) Approve (2) Do not approve Cover Memo Recommendation:Motion to approve utilizing state contract (#SWC 99999-SPD- ES40199373-002) for the purchase of eight Ford F150s, at a total cost of $306,808 from Allan Vigil Ford for various departments. . Funds are Available in the Following Accounts: Fleet Capital - (272-01-6440/54-22210) - $35,853 Engineering – NPDES Funds (261-04-1311/54-22210) - $40,580 Marshal-Airport - GMA Lease (631-10-1110/54-99631) - $50,658 Planning and Development - (217-07- 2210/54-22210) - $31,198 each = total $62,396 Utilities-Fort Gordon - GMA Lease (631-10-1110/54-99631) - $40,540 Utilities-Fort Gordon - (506-04-3430/54-22210) - $41,105 Utilities-Water Quality - GMA Lease (631-10-1110/54-99631- $35,676 REVIEWED AND APPROVED BY: Cover Memo Centrel Servlcer Depertuent - Fleet Manrgement Dtvtrion Replrcemcnt Evaluation Fom Arcet Informetion DepartrrentName: Cental Services Datc lGAug-22 OrgKey: 10l-01-6420 Velricle Description: 2003 Ford Fl50 Ass€t Nurrber: F02299 Assigned Use:fire vehicle is used for facility maintenance servioe requests. Signature of Dircctor/Elected Offi cial Name of DirectorlElectod OffEcial PurchaseDate: lll7l2ffi3 PurchasePrice: $16"963.04 Clttr€ntMileage: 120,771 Cument Horns:N/A Replocement Criterir Scorhg Tlpe of Service 3 M&R Cost 2 Score Dctrlls MiledHours 12 4l% oR $6,951.01 Reliability-4- Condition 4 Vehiclewillnotstayruming Totels.oo.E Fleet Manager Rccomnrendation: Vehicle wttl be tumed in for r new Ford F150. The vehicle has ahistoryofno operating at full eapacity and will shut down. The technician has picked up the vetriole from being scrviced multiple timcs and it will only nrn for a short period" The deparhent has dctcrmined that the vdricle cannot be used for any other divisions and will need to be sold on arc{ion. Planned Replacement Year: ch Frmding source: f41 Fleet Manager Apprroval |rfnmc of Fleet Cenfal Services Director Int€rim Flcet Interim Csntral Serviccs DirectorName of Director: Ron Commission Meeting Agenda 9/6/2022 2:00 PM Charles B. Webster Detention Center Replacements Department:Central Services Department:Central Services Caption:Motion to receive as information only the emergency replacements needed to the Charles B. Webster Detention Center totaling $984,123.00 for Lock Replacement - Willo Products Co., Shower Upgrades - Tri Solutions, Roof Replacement - Hixon's Roofing(Approved by Administrative Services Committee August 30, 2022) Background:Per the April 20, 2021 - Commission Meeting, in which the Administrator’s office was tasked with addressing the infrastructure needs at the Charles B. Webster Detention Center, below listed are the Phase 2 Projects to be performed during the year 2022: $534,288.00; 2022 CSD SPLOST VII Overages Lock/Security Replacements (C & D Pods) – Willo Products Company $265,160.00; 2022 CSD SPLOST VII Overages Shower Upgrades (F, B, C & EG Pods) – Tri Solutions Inc. $184,675.00; 2022 CSD SPLOST VII Overages Roof Replacement (E Pod) – Hixon’s Roofing Analysis:Shower replacement, lock/security replacement, and roof replacement activities will take place during the year 2022 to address the infrastructure needs at CBWDC. Financial Impact:$984,123.00 charged to 2022 CSD SPLOST VII Overages 329051110- 54.13120/ 222059622-54.13120 Alternatives:(1) Approve information (2) Do not approve information Recommendation:Receive as information only the emergency replacements needed to the Charles B. Webster Detention Center totaling $984,123.00. Funds are Available in the Following Accounts: $984,123.00 charged to 2022 CSD SPLOST VII Overages 329051110- 54.13120/ 222059622-54.13120 REVIEWED AND APPROVED BY: Cover Memo Cover Memo Commission Meeting Agenda 9/6/2022 2:00 PM HCD_ HUD’s Lead Hazard Reduction Program Grant Application Update Department:Housing and Community Development Department Department:Housing and Community Development Department Caption:Motion to receive as information grant application from HUD Lead Hazard Reduction Program Grant Application. (Approved by Administrative Services Committee August 30, 2022) Background:On August 2, 2022, the Augusta, GA Commission approved HCDs request to submit a HUD Lead Hazard Reduction Program Grant Application and giving authority for the Mayor to sign the necessary Standard Forms (SF424, SF424D, & other). Thus, after conversation, (August 3, 2022) with a HUD representative, it was suggested and encouraged that for a more favorable consideration, HCD apply for an amount less than $4M. As a fact, our initial documents submitted to Mayor Davis (for signature) were for $6,627,232, however after an internal huddle, we revised the necessary documents to read $3,960,000, before time of submission. Current to date, said application has been successfully submitted as we can expect to hear approval/denial on or before the end of first quarter 2023. Approximately three-quarters of the nation’s housing stock that was built before 1978 (approximately 64 million dwellings) contains some lead- based paint. When properly maintained and managed, this paint poses little risk. However, 1.7 million children have blood lead levels above safe limits, mostly due to exposure to lead-based paint hazards. Augusta Georgia has three of the top 20 state ZIP Codes with high rates of kids with lead problems. Each ZIP Code in 2019 had at least 12 percent of children tested having blood lead levels at 3.5 micrograms per deciliter or higher, state data shows. The program's purpose is to maximize the number of children under the age of six protected from lead poisoning by assisting grantees undertake comprehensive programs to identify and control lead-based paint hazards in eligible privately-owned rental or owner-occupied housing populations. In addition, there is Healthy Homes Supplemental funding available that is intended to enhance the lead-based paint hazard control activities by comprehensively identifying and addressing other housing hazards that Analysis:If awarded, HCD will be capable of providing services to families that reside in the Augusta, Georgia -Richmond County area, who may be affected by lead-based paint hazards & other housing-related health issues; assist in the prevention of lead poisoning through education, training, and community outreach; offer technical and financial assistance while providing a safe and controlled means of lead hazard control & healthy homes remediation in residential dwelling units occupied by low-income Cover Memo households (annual household income cannot exceed 80% of the area median income, as determined by HUD). Financial Impact:The Lead Hazard Reduction Program Grant funding from the US Housing and Urban Development Department consists of a Grant application with no financial commitments for Augusta, Georgia at the time of application. Alternatives:Not Applicable Recommendation:Motion to Receive as Information Funds are Available in the Following Accounts: Requested Application Amount: $3,960,000 REVIEWED AND APPROVED BY: Cover Memo Lead Hazard Control and Healthy Homes Grant Budget Explanation Grid (Funding Source-United States Department of Housing and Urban Development) 1 Project Name Lead Hazard Control Grant Budget Grant Description For the use of, but not limited to, conducting targeted outreach, affirmative marketing, education, or outreach programs on lead hazard control and lead poisoning prevention that will result in increased lead hazard control activities or that are designed to increase the ability of the program to deliver lead hazard control services, including educating owner-occupied owners of rental properties and tenants. Description Administration, Planning and Management Strategy Total Lead Portion $3,560,000.00 Project Description Lead testing and affordable projects including rehabilitation services (owner and rental) Target Area Citywide Estimated number of benefiting families Approximately 75 households at or below 80% AMI will be provided housing rehabilitation and lead testing services in Augusta-Richmond County. Grant Match ➢ 10% ($356,000.00) • HCD staff salaries and wages ✓ Director Welcher, Deputy Director and other staff • Partner Organization ✓ Medical Associates Plus ❖ 2 staffers salary and fringe for mobile testing services ➢ HUD Mandate-Application, Assurances, Certifications, and Disclosures forms (SF 424's) total estimated budget includes the applicant match (as seen on pg. 3 of the Application for Federal Assistance SF 424 form). HCD's total funding request does not include the match. 2 Project Name Healthy Homes Supplement Grant Budget Grant Description Exclusive use for direct costs associated with the identification and remediation of the housing-related health and safety hazards identified in each individual eligible unit. Healthy Homes Supplemental funding include costs for completing an assessment to identify housing hazards that affect health, development of scopes of work of the identified hazards, and conducting remediation of identified and documented health and safety hazards that are individualized for each of the housing units selected to receive this funding where lead hazard control activities are being completed. Total Healthy Homes Portion $400,000 (No match requirement) Description Affordable projects including rehabilitation services (owner and rental) Target Area Citywide Estimated number of benefiting families Up to approximately 75 households at or below 80% AMI will be provided housing rehabilitation services in Augusta-Richmond County. Total Funding Request ➢ $3,960,000 (Lead Hazard Control Grant Budget & Healthy Homes Supplement Grant Budget / (w/out applicant match) Housing and Community Development 510 Fenwick Street - Augusta, GA 30901 (706) 821-1797 – Fax (706) 821-1784 www.augustaga.gov Housing and Community Development Department Hawthorne E. Welcher, Jr. Director Shauntia Lewis Deputy Director Commission Meeting Agenda 9/6/2022 2:00 PM Hornsby Subdivision Improvments Department:Augusta Commission Department:Augusta Commission Caption:Motion to refer this request from Hornsby Subdivision Improvements led by Cherry Ave. Revitalization Enterprise to the Engineering Department to work with the organization relative to street sign toppers. (Approved by Administrative Services Committee August 30, 2022) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 9/6/2022 2:00 PM Recruitment Process Administrator Process Department:Augusta Commission Department:Augusta Commission Caption:Motion to approve amending the current Administrator's Job Description 1) six (6) months of experience as an Administrator 2) advertising for the position starting December 1, 2022 for 30-45 days and 3) with interviews starting February 1, 2023. (Approved by Administrative Services Committee August 30, 2022) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 9/6/2022 2:00 PM RFQ 22-188 - HCD Lead Grant Hazard Reduction Program Contract Approval Request Department:HCD Department:HCD Caption:Motion to approve HCDs RFQ 22-188: contracts with The committee has recommended to prequalify the following vendors for the 4 lead services areas listed below: 1. Certified Lead Abate Contractors: Clean and Green Environmental and National Environmental Solutions, Inc. 2. Certified Lead RRP Contractors: G & P Construction, Clean and Green Environmental , Blounts Complete Home Services and National Environmental Solutions, Inc. 3. Certified Lead Inspector/Risk Assessor: Clean and Green Environmental , GLE Associates, and National Environmental Solutions, Inc. 4. Clearance Inspectors: Clean and Green Environmental, GLE Associates and National Environmental Solutions, Inc. to administer lead remediation for the Housing and Community Development (HCD) Lead Grant Hazard Reduction Program. This pre- qualification contract is for a three (3) year term.(Approved by Administrative Services Committee August 30, 2022) Background:The action is to assist with the HCD Lead Grant Hazard Reduction Program. The approved vendors will assist HCD with lead inspection, risk assessment, and the remediation of lead found in homes built pre-1978. The vendors have been pre-qualified in their areas of expertise in which they have been certified to perform the requested services. Analysis:Approval of this request will assist HCD to eradicate lead in all homes built pre-1978 in Augusta, Richmond County. RFQ 22-188 was submitted to the Augusta Procurement Department on January 7, 2022. The RFQ opening date was March 15, 2022; there were five vendors that responded with all five being compliant. The evaluation committee met on May 6, 2022, to assess the proposals and qualify the vendors in the areas that they were certified in. The committee has recommended to prequalify the following vendors for the 4 lead services areas listed below: 1. Certified Lead Abate Contractors: Clean and Green Environmental and National Environmental Solutions, Inc. 2. Certified Lead RRP Contractors: G & P Construction, Clean and Green Environmental , Blounts Complete Home Services and National Environmental Solutions, Inc. 3. Certified Lead Inspector/Risk Assessor: Clean and Green Environmental , GLE Associates, and National Environmental Solutions, Inc. 4. Clearance Inspectors: Clean and Green Environmental, GLE Associates and National Environmental Solutions, Inc. The pre-qualified vendors will be required to submit bids as pre-qualified vendors for the individual projects included in the Lead Grant Hazard Reduction Program. Cover Memo Financial Impact:HCD receives grant funding from the United States Housing and Urban Development for the Lead Hazard Reduction Program to eradicate lead. Grant funding will address all administrative costs concerning the Lead Hazard Reduction Grant. Alternatives:deny and require HCD to procure services through the Procurement Process so that vendors can be prequalify to perform the services awarded though the grant. Recommendation:Motion to approve HCDs RFQ 22-188: contracts with 1. G & P Construction, Hauling and Environmental LLC, 2. Clean and Green Environmental, 3. GLE Associates Inc., 4. Blount's Complete Home Services Inc., and 5. National Environmental Solutions Inc. to administer lead remediation for the Housing and Community Development (HCD) Lead Grant Hazard Reduction Program. This contract is for three (3) years. RFQ 22-188. Funds are Available in the Following Accounts: Motion to approve HCDs RFQ 22-188: contracts with 1. G & P Construction, Hauling and Environmental LLC, 2. Clean and Green Environmental, 3. GLE Associates Inc., 4. Blount's Complete Home Services Inc., and 5. National Environmental Solutions Inc. to administer lead remediation for the Housing and Community Development (HCD) Lead Grant Hazard Reduction Program. This contract is for three (3) years. RFQ 22-188. Fund source: 221073227-5211120 REVIEWED AND APPROVED BY: Cover Memo HOUSING & COMMUNITY DEVELOPMENT TO: FROM: THRU: CC: DATE: RE: SUBJECT Hawthorne Welcher, Jr. Director MEMORANDUM Ms. Geri Sams, Procurement Director Ms. Shauntia Lewis, HCD, Deputy Direc or Mr. DatTell White, Procurement Deputy Director Ms. Nancy Williams, Procurement Contract Compliance June 8, 2022 HCD Recommendation of Award to Enter into Contract RFQ Item #22-188 Lead Grant Hazard Reduction Program Shauntia Lewis Deputy Director I. In compliance with Augusta, Georgia's Code, and following direction from the Augusta Procurement Department, Housing and Community Development (HCD) requests the recommendation of award for the following RFQ Item #22-188 • G &P Construction, Hauling and Environmental LLC, •Clean And Green Environmental, •GLE Associates Inc., •Blount's Complete Home Services Inc., •National Environmental Solutions Inc. HOUSING COMMUNITY DEVELOPMENT RECOMMENDATION Approve and authorize securing services in response to # RFQ Item 22-188 through Bid from G & P Construction, Hauling and Environmental LLC, Clean and Green Environmental, GLE Associates Inc., Blount's Complete Home Services Inc., National Environmental Solutions Inc. Such Lead service are to include: I.Ce1tified Lead Abatement Contractorsa.Lead Abatement Housing b.Passing Clearance 2.Certified Lead RRP Contractora.Renovation Repair for Housingb.Pass Clearance Housing and Community Development 510 Fenwick Street -Augusta, GA 30901 (706)821-1797 -Fax (706) 821-1784www.augustaga.gov Request for Qualification Request for Qualifications will be received at this office until Wednesday, April 20, 2022 @ 11:00 a.m. via ZOOM Meeting ID: 858 0093 4040; Passcode: 462521 for furnishing: RFQ Item #22-188 Lead Grant Hazard Reduction Program for Augusta, GA – Housing and Community Development 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 (706-821-2422). All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, April 1, 2022 @ 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 90 days after bids have been opened, pending the execution of contract with the successful bidder(s). Request for qualifications (RFQ) and specifications. An RFQ shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the 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 qualification 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 their qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov GERI A. SAMS, Procurement Director Publish: Augusta Chronicle March 10, 17, 24, 31, 2022 Metro Courier March 10, 2022 Revised: 3/22/21 OFFICIAL VENDORS Attachment "B" E-Verify Number SAVE Form Original 7 Copies G & P Construction, Hauling and Environmental, LLC 317 Reynold Street Augusta, SC 30901 Yes 877166 Yes Yes Yes Clean And Green Environmental 3245 Peachtree Pkwy. Suite D-468 Suwanee, GA 30024 Yes 1817653 Yes Yes Yes GLE Associates, Inc. 1100 Spring Street NW Suite 820 Atlanta, GA 30309 Yes 267171 Yes Yes Yes Enviro Masters Inc. 2790 US-27 Carrollton, GA 30117 Blounts Complete Home Services, Inc. 2907C Tobacco Rd Hephzibah, GA 30815 Yes 209640 Yes Yes Yes National Environmental Solutions Inc. PO Box 220 Sautee, GA 30571 Yes 1367349 Yes Yes Yes RFQ Opening - RFQ Item #22-188 Lead Grant Hazard Reduction Program for Augusta, GA – Housing and Community Development Date: Wednesday, April 20, 2022 @ 11:00 a.m. Total Number Specifications Mailed Out: 23 Total Number Specifications Download (Demandstar): 4 Total Electronic Notifications (Demandstar): 123 Georgia Procurement Registry: 208 Total packages submitted: 6 Total Noncompliant: 0 No Response Submittal Page 1 of 1 Commission Meeting Agenda 9/6/2022 2:00 PM RFQ 22-213 Award Contract for Design of New Fleet Management Facility Department:Central Services - Facilities Department:Central Services - Facilities Caption:Motion to approve award of contract to prepare Construction Documents for construction of New Facilities for Augusta Fleet Management to Dickinson Architects of Augusta in the amount of $108,000 for Phase I and 8.5% of construction costs for Phase II - RFQ 22-213.(Approved by Administrative Services Committee August 30, 2022) Background:Augusta Fleet Management (AFM) is currently located at 1568 Broad Street and at 2314 Tobacco Road. The recently approved SPLOST 8 includes funding to construct new facilities for Fleet shop and management operations. This project combines operations for Fleet as well as the Fire Department Heavy Vehicle Shop (AFDHVS) in a single location at the corner of Phinizy Road and Old Louisville Road. The Augusta Space Needs Assessment, completed in 2019, included evaluation of AFM operations. The AFDHVS was not included in this original study and will need to be conducted to make sure near and long term needs for all operations are met. The initial phase of this contract will include validation of the program for AFM, programming of the space needs for the AFDHVS, and then to develop preliminary designs for evaluation, discussion and estimating before moving forward with Phase II. Analysis:RFQ Item 22-213 was issued through the Procurement in accordance with Augusta requirements. Statements of Qualification for this RFP were received on May 10, 2022. The qualifications presented by each firm were carefully reviewed by the Evaluation Committee and ranked based upon qualifications. Based upon the Statements of Qualifications submitted by the firms, Dickinson Architects was determined to offer the best qualifications for the design of this project. Financial Impact:The cost for Phase I, preliminary design services is $108,000. The cost for Phase II, Construction Documents and Administration is 8.5% of construction cost. Alternatives:1. Approve award of contract to prepare Construction Documents for construction of New Facilities for Augusta Fleet Management to Dickinson Architects of Augusta in the amount of $108,000 for Phase I and 8.5% of construction costs for Phase II. 2. Do not approve the award. Cover Memo Recommendation:Approve award of contract to prepare Construction Documents for construction of New Facilities for Augusta Fleet Management to Dickinson Architects of Augusta in the amount of $108,000 for Phase I and 8.5% of construction costs for Phase II. Funds are Available in the Following Accounts: Design for this project is funded through SPLOST VII. Construction costs are bonded from SPLOST VIII. 329-05-1120 / 5212999 216057101 / 5212999 REVIEWED AND APPROVED BY: Cover Memo 771 BROAD STREET ● SUITE 200 ● AUGUSTA ● GEORGIA 30901 ● TEL.706.722.7488 ● FAX 706.724.1029 Nicholas Dickinson, II, AIA, NCARB, CEO Erin M. Armstrong, AIA, NCARB, LEED AP, Partner • • • • • • • 771 BROAD STREET ● SUITE 200 ● AUGUSTA ● GEORGIA 30901 ● TEL.706.722.7488 ● FAX 706.724.1029 • • • Request for Qualifications Request for Qualifications will be received at this office until Tuesday, May 10, 2022 @ 3:00 p.m. via ZOOM Meeting ID: 897 4778 4682; Passcode: 422766 for furnishing: RFQ Item #22-213 Design Services for Fleet Management New Facilities 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 (706-821-2422). Pre-Qualification Conference will be held on Monday, April 18, 2022 @ 2:00 p.m. via Zoom – Meeting ID: 830 8850 5741 Passcode: 468828 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, April 19, 2022 @ 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 90 days after RFQ have been opened, pending the execution of contract with the successful bidder(s). Request for qualifications (RFQ) and specifications. An RFQ shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the 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 qualification issued by a city must include the contractor affidavit as part of the requirement for their bid to be considered. Respondents 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 their qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov GERI A. SAMS, Procurement Director Publish: Augusta Chronicle March 24, 31, 2022 and April 7, 14, 2022 Metro Courier March 24, 2022 Revised: 3/22/21 Meeting ID Topic Start Time 83088505741 Pre-Qualification Conference: #22-213 New Facilities for Augusta Fleet Management - Central Service Department 4/18/2022 13:15 Name (Original Name)User Email Total Minutes Shill@augustaga.gov shill@augustaga.gov 72 Darrell White 73 Danielle Debien 64 Ashkea White 42 Virgo Gambill Architects 39 Martin Ford 37 Dinah Dempsey 44 JGC JMA 35 millardr 36 Rick Acree 35 Amy Christian 32 Lisa Pinyan 32 Dr. Yolanda Jackson (Yolanda Jackson)p.johnson@augustaga.gov30 Garrett Womble 31 Rachel Stahler 29 Ken Prol - DC 28 Serena Graham 28 DCortese 28 Megan Poston 28 gshields 28 John Hughes 28 15183126534 19 Ronald Reekes 26 Melissa Chavis-Chris Booker & Associates# PC 26 Tywanna Scott 25 19177030339 24 17067986792 23 GMullin 23 GERALDINE SAMS 14 End Time Minutes Participants 4/18/2022 14:27 72 31 Guest No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes OFFICIAL VENDORS Attachment "B" E-Verify Number Addendum 1 SAVE Form Original 7 Copies Wendel Architecture, PC 375 Essjay Road, Ste. 200 Williamsville, NY 14221 Yes 969198 Yes Yes Yes Yes Hussey, Gay, Bell & DeYoung International, Inc. 329 Commericial Drive, Suite 200 Savannah, GA 31406 Yes 398475 Yes Yes Yes Yes Millard Inc. 580 Colonial Park Dirve Roswell, GA 30075 Yes 195286 Yes Yes Yes Yes Praxis3 100 Peachstreet St NW, Ste 1450 Atlanta, GA 30303 Yes 232770 Yes Yes Yes Yes Studio 3 Design Group, PC 1617 Walton Way Augusta, GA 30904 Yes 194106 Yes Yes Yes Yes 2KM Architects, Inc. 529 Greene Street Augusta, GA 30901 Yes 312290 Yes Yes Yes Yes Virgo Gambill Architects PC 3810 Oak Drive Augusta, GA 30909 Yes 184039 Yes Yes Yes Yes Dickinson Architects, PC 771 Broad Street, Suite 200 Augusta, GA 30901 Yes 67757 Yes Yes Yes Yes Johnson Laschober & Associates P.C. 1296 Broad Street Augusta, GA 30901 Yes 226309 Yes Yes Yes Yes RFQ Opening - RFQ Item #22-213 Design Services for Fleet Management New Facilities for Augusta, GA Central Services Department Date: Tuesday, May 10, 2022 @ 3:00 p.m. ZOOM Total Number Specifications Mailed Out: 13 Total Number Specifications Download (Demandstar): 10 Total Electronic Notifications (Demandstar): 526 Georgia Procurement Registry: 2213 Pre-Qualifications Conference: 31 Total packages submitted: 9 Total Noncompliant: 0 Page 1 of 1 Wendel Architecture, PC 375 Essjay Road, Ste. 200 Williamsville, NY 14221 Hussey, Gay, Bell & DeYoung International, Inc. 329 Commericial Drive, Suite 200 Savannah, GA 31406 Millard Inc. 580 Colonial Park Dirve Roswell, GA 30075 Praxis3 100 Peachstreet St NW, Ste 1450 Atlanta, GA 30303 Studio 3 Design Group, PC 1617 Walton Way Augusta, GA 30904 2KM Architects, Inc. 529 Greene Street Augusta, GA 30901 Virgo Gambill Architects PC 3810 Oak Drive Augusta, GA 30909 Dickinson Architects, PC 771 Broad Street, Suite 200 Augusta, GA 30901 Johnson Laschober & Associates P.C. 1296 Broad Street Augusta, GA 30901 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 PASS 2. Qualifications & Experience (0-5)20 4.8 5.0 3.8 4.0 4.5 4.0 4.0 4.3 4.3 3. Organization & Approach (0-5)15 5.0 4.8 4.3 3.8 4.4 3.5 3.5 4.8 4.2 4. Project Specific Experience Firms experience in providing design services to include at minimum the requirements of Section II Scope of Services specifically Minimum Requirements and Scope of Services and Tasks. (0-5)15 4.5 4.5 3.8 3.8 4.0 3.3 2.8 4.0 4.2 5. Schedule of Work (0-5)10 3.8 4.5 3.3 3.8 4.0 3.3 3.0 4.4 4.0 6. Financial Stability (0-5)10 4.0 4.0 4.0 4.0 4.1 3.8 3.5 4.3 4.5 6. References (0-5)5 4.5 4.3 4.0 4.0 4.3 4.0 4.0 4.0 4.5 Within Richmond County 5 10 5 5 5 5 5 Within CSRA 5 6 Within Georgia 5 4 5 5 5 Within SE United States (includes AL, TN, NC, SC, FL) 5 2 All Others 5 1 5 27.5 28.0 24.0 24.3 26.1 23.0 22.3 26.4 26.1 8. Presentation by Team (0-5)10.0 0.0 4.2 0.0 0.0 4.5 0.0 0.0 4.6 4.3 9. Q&A Response to Panel Questions (0-5)5.0 0.0 4.3 0.0 0.0 4.3 0.0 0.0 4.8 4.5 0.0 8.5 0.0 0.0 8.9 0.0 0.0 9.4 8.8 27.5 36.5 24.0 24.3 35.0 23.0 22.3 35.8 34.9 Evaluation Sheet Item - RFQ Opening - RFQ Item #22-213 Design Services for Fleet Management New Facilities for Augusta, GA Central Services Department RFQ Evaluation Meeting: Thursday, May 26, 2022 @ 3:00 p.m. Phase 1 Total - (Total Maximum Ranking 30 - Maximum Weighted Total Possible 425) Vendors 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) Ranking of 0-5 (Enter a number value between 0 and 5) Scale 0 (Low) to 5 (High) 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) Phase 2 (Option - Numbers 8-9) (Vendors May Not Receive Less Than a 3 Ranking in Any Category to be Considered for Award) Total Phase 2 - (Total Maximum Ranking 10 - Maximum Weighted Total Possible 75) Internal Use Only - Page 1 Evaluator: Cumulative Date: 5/26/22 Phase I Procurement DepartmentRepresentative:_____Nancy Williams_____________________________________ Procurement Department Completion Date: 5/26/22 Phase I Vendors Wendel Architecture, PC 375 Essjay Road, Ste. 200 Williamsville, NY 14221 Hussey, Gay, Bell & DeYoung International, Inc. 329 Commericial Drive, Suite 200 Savannah, GA 31406 Millard Inc. 580 Colonial Park Dirve Roswell, GA 30075 Praxis3 100 Peachstreet St NW, Ste 1450 Atlanta, GA 30303 Studio 3 Design Group, PC 1617 Walton Way Augusta, GA 30904 2KM Architects, Inc. 529 Greene Street Augusta, GA 30901 Virgo Gambill Architects PC 3810 Oak Drive Augusta, GA 30909 Dickinson Architects, PC 771 Broad Street, Suite 200 Augusta, GA 30901 Johnson Laschober & Associates P.C. 1296 Broad Street Augusta, GA 30901 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 PASS 2. Qualifications & Experience 95.0 100.0 75.0 80.0 90.0 80.0 80.0 85.0 85.0 3. Organization & Approach 75.0 71.3 63.8 56.3 65.6 52.5 52.5 71.3 62.8 4. Scope of Services Provide experience and approach to item included in SECTION III - SCOPE OF WORK. Firm must demonstrate the technical and personal skills necessary for the successful implementation of the CIP. Firm must also have history of effective collaboration with municipal clients, local government staff, and communication with the community to 67.5 67.5 56.3 56.3 60.0 48.8 41.3 60.0 62.8 5. Schedule of Work 37.5 45.0 32.5 37.5 40.0 32.5 30.0 43.8 40.0 6. Financial Stability 40.0 40.0 40.0 40.0 40.6 37.5 35.0 42.5 45.0 6. References 22.5 21.3 20.0 20.0 21.3 20.0 20.0 20.0 22.5 Within Richmond County 0 0 0 0 50 50 50 50 50 Within CSRA 0 0 0 0 0 0 0 0 0 Within Georgia 0 20 20 20 0 0 0 0 0 Within SE United States (includes AL, TN, NC, SC, FL) 0 0 0 0 0 0 0 0 0 • All Others 5 0 0 0 0 0 0 0 0 Phase 1 Total - (Total Maximum Ranking 30 - Maximum Weighted Total Possible 425)342.5 365.0 307.5 310.0 367.5 321.3 308.8 372.5 368.1 8. Presentation by Team 0.0 41.8 0.0 0.0 45.3 0.0 0.0 46.3 43.3 9. Q&A Response to Panel Questions 0.0 21.5 0.0 0.0 21.6 0.0 0.0 23.8 22.3 Total Phase 2 - (Total Maximum Ranking 10 - Maximum Weighted Total Possible 75) 0.0 63.3 0.0 0.0 66.9 0.0 0.0 70.0 65.5 Total Cumulative Score (Maximum point is 500)342.5 428.3 307.5 310.0 434.4 321.3 308.8 442.5 433.6 Weighted Scores 7. Proximity to Area (only choose 1 line according to location of the company - enter the ranking value for the one line only) Evaluation Sheet Item - RFQ Opening - RFQ Item #22-213 Design Services for Fleet Management New Facilities for Augusta, GA Central Services Department RFQ Evaluation Meeting: Thursday, May 26, 2022 @ 3:00 p.m. Phase 2 (Option - Numbers 8-9) (Vendors May Not Receive Less Than a 3 Ranking in Any Category to be Considered for Award) Total (Total Possible Score 500) Total (May not Receive Less Than a 3 Ranking in Any Category to be Considered for Award) Internal Use Only - Page 2 Evaluator: Cumulative Date: 5/26/22 Phase I Procurement DepartmentRepresentative:_____Nancy Williams_____________________________________ Procurement Department Completion Date: 5/26/22 Phase I AIA® Document B101™ – 2017 Standard Form of Agreement Between Owner and Architect AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 15:20:00 ET on 07/11/2022 under Order No.2114342581 which expires on 07/10/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1800623977) 1 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. ELECTRONIC COPYING of any portion of this AIA® Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document. AGREEMENT made as of the « » day of « » in the year « » (In words, indicate day, month and year.) BETWEEN the Architect’s client identified as the Owner: (Name, legal status, address and other information) « »« » «Augusta Commission » «535 Telfair Street » «Augusta, Georgia 30901 » and the Architect: (Name, legal status, address and other information) « »« » «Dickinson Architects, P.C. » «771 Broad Street, Suite 200 » «Augusta, Georgia 30901 » for the following Project: (Name, location and detailed description) « New Facilities for Augusta Fleet Management for the Central Services Department » « The project site is identified as 3446 Old Louisville Road, Augusta, Georgia 30906. » « » The Owner and Architect agree as follows. AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 15:20:00 ET on 07/11/2022 under Order No.2114342581 which expires on 07/10/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1800623977) 2 TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT’S RESPONSIBILITIES 3 SCOPE OF ARCHITECT’S BASIC SERVICES 4 SUPPLEMENTAL AND ADDITIONAL SERVICES 5 OWNER’S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. (For each item in this section, insert the information or a statement such as “not applicable” or “unknown at time of execution.”) § 1.1.1 The Owner’s program for the Project: (Insert the Owner’s program, identify documentation that establishes the Owner’s program, or state the manner in which the program will be developed.) «Augusta Fleet Management (AFM) Program will be based on the provided 2019 Space Needs Assessment. The Augusta Fire Department Heavy Vehicle Shop Program will be developed through an interview process with the User. » § 1.1.2 The Project’s physical characteristics: (Identify or describe pertinent information about the Project’s physical characteristics, such as size; location; dimensions; geotechnical reports; site boundaries; topographic surveys; traffic and utility studies; availability of public and private utilities and services; legal description of the site, etc.) «The project site is identified as 3446 Old Louisville Road, Augusta, Georgia 30906. There is currently a fire station occupying the NW corner of the site. The fire station will not be demolished. » § 1.1.3 The Owner’s budget for the Cost of the Work, as defined in Section 6.1: (Provide total and, if known, a line item breakdown.) «Budget (SCL) to be established at the completion of Phase I and the start of Phase II. » § 1.1.4 The Owner’s anticipated design and construction milestone dates: .1 Design phase milestone dates, if any: AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 15:20:00 ET on 07/11/2022 under Order No.2114342581 which expires on 07/10/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1800623977) 3 «Not determined » .2 Construction commencement date: «Not determined » .3 Substantial Completion date or dates: «Not determined » .4 Other milestone dates: «Not determined » § 1.1.5 The Owner intends the following procurement and delivery method for the Project: (Identify method such as competitive bid or negotiated contract, as well as any requirements for accelerated or fast- track design and construction, multiple bid packages, or phased construction.) «Design-Bid-Build » § 1.1.6 The Owner’s anticipated Sustainable Objective for the Project: (Identify and describe the Owner’s Sustainable Objective for the Project, if any.) «N/A » § 1.1.6.1 If the Owner identifies a Sustainable Objective, the Owner and Architect shall complete and incorporate AIA Document E204™–2017, Sustainable Projects Exhibit, into this Agreement to define the terms, conditions and services related to the Owner’s Sustainable Objective. If E204–2017 is incorporated into this agreement, the Owner and Architect shall incorporate the completed E204–2017 into the agreements with the consultants and contractors performing services or Work in any way associated with the Sustainable Objective. § 1.1.7 The Owner identifies the following representative in accordance with Section 5.3: (List name, address, and other contact information.) «To be determined » « » « » « » « » « » § 1.1.8 The persons or entities, in addition to the Owner’s representative, who are required to review the Architect’s submittals to the Owner are as follows: (List name, address, and other contact information.) «To be determined » § 1.1.9 The Owner shall retain the following consultants and contractors: (List name, legal status, address, and other contact information.) .1 Geotechnical Engineer: To be determined« »« » « » « » « » AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 15:20:00 ET on 07/11/2022 under Order No.2114342581 which expires on 07/10/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1800623977) 4 « » .2 Civil Engineer: «N/A »« » « » « » « » « » .3 Other, if any: (List any other consultants and contractors retained by the Owner.) «Surveyor, To be determined » § 1.1.10 The Architect identifies the following representative in accordance with Section 2.3: (List name, address, and other contact information.) «Nicholas Dickinson, II » «Dickinson Architects, P.C » «771 Broad Street, Suite 200 » «Augusta, Georgia 30901 » «O-706-722-7488 » « ndjr@dickinsonarchitects.com » § 1.1.11 The Architect shall retain the consultants identified in Sections 1.1.11.1 and 1.1.11.2: (List name, legal status, address, and other contact information.) § 1.1.11.1 Consultants retained under Basic Services: .1 Structural Engineer: «Rob Still, P.E. »« » «Cranston Engineering Group » « 452 Ellis Street » « Augusta, Georgia 30901 » «706-722-1588 » .2 Mechanical Engineer: «J. Martin Ford, P.E. »« » «PFA Engineering » «1201 Broad Street, Suite 3A » «Augusta, Georgia 30901» « 706-722-3959 » .3 Electrical Engineer: «M. Ashley Paulk, IV, P.E »« » «Electrical Design Consultants » «1201 Broad Street, Suite 1A » «Augusta, Georgia 30901 » «706-724-3551 » § 1.1.11.2 Consultants retained under Supplemental Services: «Programming, Architectural Design: IBI Group Civil Engineering: TBD Cost Estimating: TBD » AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 15:20:00 ET on 07/11/2022 under Order No.2114342581 which expires on 07/10/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1800623977) 5 § 1.1.12 Other Initial Information on which the Agreement is based: « » § 1.2 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that the Initial Information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the Architect’s services, schedule for the Architect’s services, and the Architect’s compensation. The Owner shall adjust the Owner’s budget for the Cost of the Work and the Owner’s anticipated design and construction milestones, as necessary, to accommodate material changes in the Initial Information. § 1.3 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. The parties will use AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission, and exchange of digital data. § 1.3.1 Any use of, or reliance on, all or a portion of a building information model without agreement to protocols governing the use of, and reliance on, the information contained in the model and without having those protocols set forth in AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, and the requisite AIA Document G202™–2013, Project Building Information Modeling Protocol Form, shall be at the using or relying party’s sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building information model, and each of their agents and employees. ARTICLE 2 ARCHITECT’S RESPONSIBILITIES § 2.1 The Architect shall provide professional services as set forth in this Agreement. The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement, or shall cause such services to be performed by appropriately licensed design professionals. § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. § 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. § 2.4 Except with the Owner’s knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect’s professional judgment with respect to this Project. § 2.5 The Architect shall maintain the following insurance until termination of this Agreement. If any of the requirements set forth below are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect as set forth in Section 11.9. § 2.5.1 Commercial General Liability with policy limits of not less than «One Million Dollars » ($ «1,000,000 » ) for each occurrence and «Two Million Dollars » ($ «2,000,000 » ) in the aggregate for bodily injury and property damage. § 2.5.2 Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Architect with policy limits of not less than « One Million Dollars » ($ «1,000,000 » ) per accident for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles, along with any other statutorily required automobile coverage. § 2.5.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 2.5.1 and 2.5.2, and in no event shall any excess or umbrella liability insurance provide AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 15:20:00 ET on 07/11/2022 under Order No.2114342581 which expires on 07/10/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1800623977) 6 narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. § 2.5.4 Workers’ Compensation at statutory limits. § 2.5.5 Employers’ Liability with policy limits not less than « One Million Dollars » ($ «1,000,000 » ) each accident, One Million Dollars« » ($ «1,000,000 » ) each employee, and « One Million Dollars » ($ «1,000,000 » ) policy limit. § 2.5.6 Professional Liability covering negligent acts, errors and omissions in the performance of professional services with policy limits of not less than « Two Million Dollars » ($ «2,000,000 » ) per claim and « Two Million Dollars » ($ «2,000,000 » ) in the aggregate. § 2.5.7 Additional Insured Obligations. To the fullest extent permitted by law, the Architect shall cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as an additional insured for claims caused in whole or in part by the Architect’s negligent acts or omissions. The additional insured coverage shall be primary and non-contributory to any of the Owner’s insurance policies and shall apply to both ongoing and completed operations. § 2.5.8 The Architect shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section 2.5. ARTICLE 3 SCOPE OF ARCHITECT’S BASIC SERVICES § 3.1 The Architect’s Basic Services consist of those described in this Article 3 and include usual and customary civil, structural, mechanical, and electrical engineering services. Services not set forth in this Article 3 are Supplemental or Additional Services. § 3.1.1 The Architect shall manage the Architect’s services, research applicable design criteria, attend Project meetings, communicate with members of the Project team, and report progress to the Owner. § 3.1.2 The Architect shall coordinate its services with those services provided by the Owner and the Owner’s consultants. The Architect shall be entitled to rely on, and shall not be responsible for, the accuracy, completeness, and timeliness of, services and information furnished by the Owner and the Owner’s consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission, or inconsistency in such services or information. § 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit for the Owner’s approval a schedule for the performance of the Architect’s services. The schedule initially shall include anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information. The schedule shall include allowances for periods of time required for the Owner’s review, for the performance of the Owner’s consultants, and for approval of submissions by authorities having jurisdiction over the Project. Once approved by the Owner, time limits established by the schedule shall not, except for reasonable cause, be exceeded by the Architect or Owner. With the Owner’s approval, the Architect shall adjust the schedule, if necessary, as the Project proceeds until the commencement of construction. § 3.1.4 The Architect shall not be responsible for an Owner’s directive or substitution, or for the Owner’s acceptance of non-conforming Work, made or given without the Architect’s written approval. § 3.1.5 The Architect shall contact governmental authorities required to approve the Construction Documents and entities providing utility services to the Project. The Architect shall respond to applicable design requirements imposed by those authorities and entities. § 3.1.6 The Architect shall assist the Owner in connection with the Owner’s responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 3.2 Schematic Design Phase Services § 3.2.1 The Architect shall review the program and other information furnished by the Owner, and shall review laws, codes, and regulations applicable to the Architect’s services. AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 15:20:00 ET on 07/11/2022 under Order No.2114342581 which expires on 07/10/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1800623977) 7 § 3.2.2 The Architect shall prepare a preliminary evaluation of the Owner’s program, schedule, budget for the Cost of the Work, Project site, the proposed procurement and delivery method, and other Initial Information, each in terms of the other, to ascertain the requirements of the Project. The Architect shall notify the Owner of (1) any inconsistencies discovered in the information, and (2) other information or consulting services that may be reasonably needed for the Project. § 3.2.3 The Architect shall present its preliminary evaluation to the Owner and shall discuss with the Owner alternative approaches to design and construction of the Project. The Architect shall reach an understanding with the Owner regarding the requirements of the Project. § 3.2.4 Based on the Project requirements agreed upon with the Owner, the Architect shall prepare and present, for the Owner’s approval, a preliminary design illustrating the scale and relationship of the Project components. § 3.2.5 Based on the Owner’s approval of the preliminary design, the Architect shall prepare Schematic Design Documents for the Owner’s approval. The Schematic Design Documents shall consist of drawings and other documents including a site plan, if appropriate, and preliminary building plans, sections and elevations; and may include some combination of study models, perspective sketches, or digital representations. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. § 3.2.5.1 The Architect shall consider sustainable design alternatives, such as material choices and building orientation, together with other considerations based on program and aesthetics, in developing a design that is consistent with the Owner’s program, schedule and budget for the Cost of the Work. The Owner may obtain more advanced sustainable design services as a Supplemental Service under Section 4.1.1. § 3.2.5.2 The Architect shall consider the value of alternative materials, building systems and equipment, together with other considerations based on program and aesthetics, in developing a design for the Project that is consistent with the Owner’s program, schedule, and budget for the Cost of the Work. § 3.2.6 The Architect shall submit to the Owner an estimate of the Cost of the Work prepared in accordance with Section 6.3. § 3.2.7 The Architect shall submit the Schematic Design Documents to the Owner, and request the Owner’s approval. § 3.3 Design Development Phase Services § 3.3.1 Based on the Owner’s approval of the Schematic Design Documents, and on the Owner’s authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Design Development Documents for the Owner’s approval. The Design Development Documents shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, and other appropriate elements. The Design Development Documents shall also include outline specifications that identify major materials and systems and establish, in general, their quality levels. § 3.3.2 The Architect shall update the estimate of the Cost of the Work prepared in accordance with Section 6.3. § 3.3.3 The Architect shall submit the Design Development Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, and request the Owner’s approval. § 3.4 Construction Documents Phase Services § 3.4.1 Based on the Owner’s approval of the Design Development Documents, and on the Owner’s authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Construction Documents for the Owner’s approval. The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels and performance criteria of materials and systems and other requirements for the construction of the Work. The Owner and Architect acknowledge that, in order to perform the AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 15:20:00 ET on 07/11/2022 under Order No.2114342581 which expires on 07/10/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1800623977) 8 Work, the Contractor will provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals, which the Architect shall review in accordance with Section 3.6.4. § 3.4.2 The Architect shall incorporate the design requirements of governmental authorities having jurisdiction over the Project into the Construction Documents. § 3.4.3 During the development of the Construction Documents, the Architect shall assist the Owner in the development and preparation of (1) procurement information that describes the time, place, and conditions of bidding, including bidding or proposal forms; (2) the form of agreement between the Owner and Contractor; and (3) the Conditions of the Contract for Construction (General, Supplementary and other Conditions). The Architect shall also compile a project manual that includes the Conditions of the Contract for Construction and Specifications, and may include bidding requirements and sample forms. § 3.4.4 The Architect shall update the estimate for the Cost of the Work prepared in accordance with Section 6.3. § 3.4.5 The Architect shall submit the Construction Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, take any action required under Section 6.5, and request the Owner’s approval. § 3.5 Procurement Phase Services § 3.5.1 General The Architect shall assist the Owner in establishing a list of prospective contractors. Following the Owner’s approval of the Construction Documents, the Architect shall assist the Owner in (1) obtaining either competitive bids or negotiated proposals; (2) confirming responsiveness of bids or proposals; (3) determining the successful bid or proposal, if any; and, (4) awarding and preparing contracts for construction. § 3.5.2 Competitive Bidding § 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents. § 3.5.2.2 The Architect shall assist the Owner in bidding the Project by: .1 facilitating the distribution of Bidding Documents to prospective bidders; .2 organizing and conducting a pre-bid conference for prospective bidders; .3 preparing responses to questions from prospective bidders and providing clarifications and interpretations of the Bidding Documents to the prospective bidders in the form of addenda; and, .4 organizing and conducting the opening of the bids, and subsequently documenting and distributing the bidding results, as directed by the Owner. § 3.5.2.3 If the Bidding Documents permit substitutions, upon the Owner’s written authorization, the Architect shall, as an Additional Service, consider requests for substitutions and prepare and distribute addenda identifying approved substitutions to all prospective bidders. § 3.5.3 Negotiated Proposals § 3.5.3.1 Proposal Documents shall consist of proposal requirements and proposed Contract Documents. § 3.5.3.2 The Architect shall assist the Owner in obtaining proposals by: .1 facilitating the distribution of Proposal Documents for distribution to prospective contractors and requesting their return upon completion of the negotiation process; .2 organizing and participating in selection interviews with prospective contractors; .3 preparing responses to questions from prospective contractors and providing clarifications and interpretations of the Proposal Documents to the prospective contractors in the form of addenda; and, .4 participating in negotiations with prospective contractors, and subsequently preparing a summary report of the negotiation results, as directed by the Owner. § 3.5.3.3 If the Proposal Documents permit substitutions, upon the Owner’s written authorization, the Architect shall, as an Additional Service, consider requests for substitutions and prepare and distribute addenda identifying approved substitutions to all prospective contractors. AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 15:20:00 ET on 07/11/2022 under Order No.2114342581 which expires on 07/10/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1800623977) 9 § 3.6 Construction Phase Services § 3.6.1 General § 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA Document A201™–2017, General Conditions of the Contract for Construction. If the Owner and Contractor modify AIA Document A201–2017, those modifications shall not affect the Architect’s services under this Agreement unless the Owner and the Architect amend this Agreement. § 3.6.1.2 The Architect shall advise and consult with the Owner during the Construction Phase Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible for the Contractor’s failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect’s negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. § 3.6.1.3 Subject to Section 4.2 and except as provided in Section 3.6.6.5, the Architect’s responsibility to provide Construction Phase Services commences with the award of the Contract for Construction and terminates on the date the Architect issues the final Certificate for Payment. § 3.6.2 Evaluations of the Work § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.2.3, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner (1) known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Contractor, and (3) defects and deficiencies observed in the Work. § 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not the Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the Work. § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect’s response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of, and reasonably inferable from, the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The Architect’s decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. § 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A201–2017, the Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents. § 3.6.3 Certificates for Payment to Contractor § 3.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. The Architect’s certification for payment shall constitute a representation to the Owner, based on the Architect’s evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Contractor’s AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 15:20:00 ET on 07/11/2022 under Order No.2114342581 which expires on 07/10/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1800623977) 10 Application for Payment, that, to the best of the Architect’s knowledge, information and belief, the Work has progressed to the point indicated, the quality of the Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment in the amount certified. The foregoing representations are subject to (1) an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) results of subsequent tests and inspections, (3) correction of minor deviations from the Contract Documents prior to completion, and (4) specific qualifications expressed by the Architect. § 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate the Contractor’s right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment. § 3.6.4 Submittals § 3.6.4.1 The Architect shall review the Contractor’s submittal schedule and shall not unreasonably delay or withhold approval of the schedule. The Architect’s action in reviewing submittals shall be taken in accordance with the approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time, in the Architect’s professional judgment, to permit adequate review. § 3.6.4.2 The Architect shall review and approve, or take other appropriate action upon, the Contractor’s submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Contractor’s responsibility. The Architect’s review shall not constitute approval of safety precautions or construction means, methods, techniques, sequences or procedures. The Architect’s approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 3.6.4.3 If the Contract Documents specifically require the Contractor to provide professional design services or certifications by a design professional related to systems, materials, or equipment, the Architect shall specify the appropriate performance and design criteria that such services must satisfy. The Architect shall review and take appropriate action on Shop Drawings and other submittals related to the Work designed or certified by the Contractor’s design professional, provided the submittals bear such professional’s seal and signature when submitted to the Architect. The Architect’s review shall be for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect shall be entitled to rely upon, and shall not be responsible for, the adequacy and accuracy of the services, certifications, and approvals performed or provided by such design professionals. § 3.6.4.4 Subject to Section 4.2, the Architect shall review and respond to requests for information about the Contract Documents. The Architect shall set forth, in the Contract Documents, the requirements for requests for information. Requests for information shall include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. The Architect’s response to such requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. If appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in response to the requests for information. § 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. § 3.6.5 Changes in the Work § 3.6.5.1 The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Subject to Section 4.2, the Architect shall prepare Change Orders and Construction Change Directives for the Owner’s approval and execution in accordance with the Contract Documents. AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 15:20:00 ET on 07/11/2022 under Order No.2114342581 which expires on 07/10/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1800623977) 11 § 3.6.5.2 The Architect shall maintain records relative to changes in the Work. § 3.6.6 Project Completion § 3.6.6.1 The Architect shall: .1 conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; .2 issue Certificates of Substantial Completion; .3 forward to the Owner, for the Owner’s review and records, written warranties and related documents required by the Contract Documents and received from the Contractor; and, .4 issue a final Certificate for Payment based upon a final inspection indicating that, to the best of the Architect’s knowledge, information, and belief, the Work complies with the requirements of the Contract Documents. § 3.6.6.2 The Architect’s inspections shall be conducted with the Owner to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. § 3.6.6.3 When Substantial Completion has been achieved, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor, including the amount to be retained from the Contract Sum, if any, for final completion or correction of the Work. § 3.6.6.4 The Architect shall forward to the Owner the following information received from the Contractor: (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment; (2) affidavits, receipts, releases and waivers of liens, or bonds indemnifying the Owner against liens; and (3) any other documentation required of the Contractor under the Contract Documents. § 3.6.6.5 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Architect shall, without additional compensation, conduct a meeting with the Owner to review the facility operations and performance. ARTICLE 4 SUPPLEMENTAL AND ADDITIONAL SERVICES § 4.1 Supplemental Services § 4.1.1 The services listed below are not included in Basic Services but may be required for the Project. The Architect shall provide the listed Supplemental Services only if specifically designated in the table below as the Architect’s responsibility, and the Owner shall compensate the Architect as provided in Section 11.2. Unless otherwise specifically addressed in this Agreement, if neither the Owner nor the Architect is designated, the parties agree that the listed Supplemental Service is not being provided for the Project. (Designate the Architect’s Supplemental Services and the Owner’s Supplemental Services required for the Project by indicating whether the Architect or Owner shall be responsible for providing the identified Supplemental Service. Insert a description of the Supplemental Services in Section 4.1.2 below or attach the description of services as an exhibit to this Agreement.) Supplemental Services Responsibility (Architect, Owner, or not provided) § 4.1.1.1 Programming Architect § 4.1.1.2 Multiple preliminary designs Not Provided (NP) § 4.1.1.3 Measured drawings NP § 4.1.1.4 Existing facilities surveys NP § 4.1.1.5 Site evaluation and planning Architect § 4.1.1.6 Building Information Model management responsibilities NP § 4.1.1.7 Development of Building Information Models for post construction use NP § 4.1.1.8 Civil engineering Architect § 4.1.1.9 Landscape design Architect AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 15:20:00 ET on 07/11/2022 under Order No.2114342581 which expires on 07/10/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1800623977) 12 Supplemental Services Responsibility (Architect, Owner, or not provided) § 4.1.1.10 Architectural interior design Architect § 4.1.1.11 Value analysis NP § 4.1.1.12 Detailed cost estimating beyond that required in Section 6.3 Architect § 4.1.1.13 On-site project representation NP § 4.1.1.14 Conformed documents for construction NP § 4.1.1.15 As-designed record drawings NP § 4.1.1.16 As-constructed record drawings NP § 4.1.1.17 Post-occupancy evaluation NP § 4.1.1.18 Facility support services NP § 4.1.1.19 Tenant-related services NP § 4.1.1.20 Architect’s coordination of the Owner’s consultants NP § 4.1.1.21 Telecommunications/data design NP § 4.1.1.22 Security evaluation and planning NP § 4.1.1.23 Commissioning NP § 4.1.1.24 Sustainable Project Services pursuant to Section 4.1.3 NP § 4.1.1.25 Fast-track design services NP § 4.1.1.26 Multiple bid packages NP § 4.1.1.27 Historic preservation NP § 4.1.1.28 Furniture, furnishings, and equipment design NP § 4.1.1.29 Other services provided by specialty Consultants NP § 4.1.1.30 Other Supplemental Services § 4.1.2 Description of Supplemental Services § 4.1.2.1 A description of each Supplemental Service identified in Section 4.1.1 as the Architect’s responsibility is provided below. (Describe in detail the Architect’s Supplemental Services identified in Section 4.1.1 or, if set forth in an exhibit, identify the exhibit. The AIA publishes a number of Standard Form of Architect’s Services documents that can be included as an exhibit to describe the Architect’s Supplemental Services.) «4.1.1.1 – Verification of AFM Program. Programming of AFDHVS. 4.1.1.5 – Conceptual Site Studies prepared following Program Verification. 4.1.1.8 – Engineered Plans to be submitted for Permit. 4.1.1.9 – Design of plans to comply with Tree Ordinance. 4.1.1.10 - Selection of Finishes for Interior Spaces. 4.1.1.12 – Total of four (4) detailed Cost Estimates. » § 4.1.2.2 A description of each Supplemental Service identified in Section 4.1.1 as the Owner’s responsibility is provided below. (Describe in detail the Owner’s Supplemental Services identified in Section 4.1.1 or, if set forth in an exhibit, identify the exhibit.) « » § 4.1.3 If the Owner identified a Sustainable Objective in Article 1, the Architect shall provide, as a Supplemental Service, the Sustainability Services required in AIA Document E204™–2017, Sustainable Projects Exhibit, attached to this Agreement. The Owner shall compensate the Architect as provided in Section 11.2. AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 15:20:00 ET on 07/11/2022 under Order No.2114342581 which expires on 07/10/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1800623977) 13 § 4.2 Architect’s Additional Services The Architect may provide Additional Services after execution of this Agreement without invalidating the Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4.2 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect’s schedule. § 4.2.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not proceed to provide the following Additional Services until the Architect receives the Owner’s written authorization: .1 Services necessitated by a change in the Initial Information, previous instructions or approvals given by the Owner, or a material change in the Project including size, quality, complexity, the Owner’s schedule or budget for Cost of the Work, or procurement or delivery method; .2 Services necessitated by the enactment or revision of codes, laws, or regulations, including changing or editing previously prepared Instruments of Service; .3 Changing or editing previously prepared Instruments of Service necessitated by official interpretations of applicable codes, laws or regulations that are either (a) contrary to specific interpretations by the applicable authorities having jurisdiction made prior to the issuance of the building permit, or (b) contrary to requirements of the Instruments of Service when those Instruments of Service were prepared in accordance with the applicable standard of care; .4 Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure of performance on the part of the Owner or the Owner’s consultants or contractors; .5 Preparing digital models or other design documentation for transmission to the Owner’s consultants and contractors, or to other Owner-authorized recipients; .6 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner; .7 Preparation for, and attendance at, a public presentation, meeting or hearing; .8 Preparation for, and attendance at, a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; .9 Evaluation of the qualifications of entities providing bids or proposals; .10 Consultation concerning replacement of Work resulting from fire or other cause during construction; or, .11 Assistance to the Initial Decision Maker, if other than the Architect. § 4.2.2 To avoid delay in the Construction Phase, the Architect shall provide the following Additional Services, notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If, upon receipt of the Architect’s notice, the Owner determines that all or parts of the services are not required, the Owner shall give prompt written notice to the Architect of the Owner’s determination. The Owner shall compensate the Architect for the services provided prior to the Architect’s receipt of the Owner’s notice. .1 Reviewing a Contractor’s submittal out of sequence from the submittal schedule approved by the Architect; .2 Responding to the Contractor’s requests for information that are not prepared in accordance with the Contract Documents or where such information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner-provided information, Contractor-prepared coordination drawings, or prior Project correspondence or documentation; .3 Preparing Change Orders and Construction Change Directives that require evaluation of Contractor’s proposals and supporting data, or the preparation or revision of Instruments of Service; .4 Evaluating an extensive number of Claims as the Initial Decision Maker; or, .5 Evaluating substitutions proposed by the Owner or Contractor and making subsequent revisions to Instruments of Service resulting therefrom. § 4.2.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional Services. When the limits below are reached, the Architect shall notify the Owner: .1 «Two » ( «2 » ) reviews of each Shop Drawing, Product Data item, sample and similar submittals of the Contractor .2 «Seventy-Five » ( «75 » ) visits to the site by the Architect during construction AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 15:20:00 ET on 07/11/2022 under Order No.2114342581 which expires on 07/10/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1800623977) 14 .3 «Three » ( «3 » ) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 «Three » ( «3 » ) inspections for any portion of the Work to determine final completion. § 4.2.4 Except for services required under Section 3.6.6.5 and those services that do not exceed the limits set forth in Section 4.2.3, Construction Phase Services provided more than 60 days after (1) the date of Substantial Completion of the Work or (2) the initial date of Substantial Completion identified in the agreement between the Owner and Contractor, whichever is earlier, shall be compensated as Additional Services to the extent the Architect incurs additional cost in providing those Construction Phase Services. § 4.2.5 If the services covered by this Agreement have not been completed within «Twelve » ( «12 » ) months of the date of this Agreement, through no fault of the Architect, extension of the Architect’s services beyond that time shall be compensated as Additional Services. ARTICLE 5 OWNER’S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program, which shall set forth the Owner’s objectives; schedule; constraints and criteria, including space requirements and relationships; flexibility; expandability; special equipment; systems; and site requirements. § 5.2 The Owner shall establish the Owner’s budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1; (2) the Owner’s other costs; and, (3) reasonable contingencies related to all of these costs. The Owner shall update the Owner’s budget for the Project as necessary throughout the duration of the Project until final completion. If the Owner significantly increases or decreases the Owner’s budget for the Cost of the Work, the Owner shall notify the Architect. The Owner and the Architect shall thereafter agree to a corresponding change in the Project’s scope and quality. § 5.3 The Owner shall identify a representative authorized to act on the Owner’s behalf with respect to the Project. The Owner shall render decisions and approve the Architect’s submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect’s services. § 5.4 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions, and other necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 5.5 The Owner shall furnish services of geotechnical engineers, which may include test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 5.6 The Owner shall provide the Supplemental Services designated as the Owner’s responsibility in Section 4.1.1. § 5.7 If the Owner identified a Sustainable Objective in Article 1, the Owner shall fulfill its responsibilities as required in AIA Document E204™–2017, Sustainable Projects Exhibit, attached to this Agreement. § 5.8 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect’s request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner’s consultants. The Owner shall furnish the services of consultants other than those designated as the responsibility of the Architect in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants and contractors maintain insurance, including professional liability insurance, as appropriate to the services or work provided. AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 15:20:00 ET on 07/11/2022 under Order No.2114342581 which expires on 07/10/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1800623977) 15 § 5.9 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 5.10 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner’s needs and interests. § 5.11 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect’s Instruments of Service. § 5.12 The Owner shall include the Architect in all communications with the Contractor that relate to or affect the Architect’s services or professional responsibilities. The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Contractor otherwise relating to the Project. Communications by and with the Architect’s consultants shall be through the Architect. § 5.13 Before executing the Contract for Construction, the Owner shall coordinate the Architect’s duties and responsibilities set forth in the Contract for Construction with the Architect’s services set forth in this Agreement. The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor, including the General Conditions of the Contract for Construction. § 5.14 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress. § 5.15 Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of, or enforce lien rights. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include contractors’ general conditions costs, overhead and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work does not include the compensation of the Architect; the costs of the land, rights-of-way, financing, or contingencies for changes in the Work; or other costs that are the responsibility of the Owner. § 6.2 The Owner’s budget for the Cost of the Work is provided in Initial Information, and shall be adjusted throughout the Project as required under Sections 5.2, 6.4 and 6.5. Evaluations of the Owner’s budget for the Cost of the Work, and the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work, prepared by the Architect, represent the Architect’s judgment as a design professional. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials, or equipment; the Contractor’s methods of determining bid prices; or competitive bidding, market, or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner’s budget for the Cost of the Work, or from any estimate of the Cost of the Work, or evaluation, prepared or agreed to by the Architect. § 6.3 In preparing estimates of the Cost of Work, the Architect shall be permitted to include contingencies for design, bidding, and price escalation; to determine what materials, equipment, component systems, and types of construction are to be included in the Contract Documents; to recommend reasonable adjustments in the program and scope of the Project; and to include design alternates as may be necessary to adjust the estimated Cost of the Work to meet the Owner’s budget. The Architect’s estimate of the Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. If the Owner requires a detailed estimate of the Cost of the Work, the Architect shall provide such an estimate, if identified as the Architect’s responsibility in Section 4.1.1, as a Supplemental Service. § 6.4 If, through no fault of the Architect, the Procurement Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, the Owner’s budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market. AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 15:20:00 ET on 07/11/2022 under Order No.2114342581 which expires on 07/10/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1800623977) 16 § 6.5 If at any time the Architect’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Architect shall make appropriate recommendations to the Owner to adjust the Project’s size, quality, or budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments. § 6.6 If the Owner’s budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Section 9.5; .4 in consultation with the Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or, .5 implement any other mutually acceptable alternative. § 6.7 If the Owner chooses to proceed under Section 6.6.4, the Architect shall modify the Construction Documents as necessary to comply with the Owner’s budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 6.6.1. If the Owner requires the Architect to modify the Construction Documents because the lowest bona fide bid or negotiated proposal exceeds the Owner’s budget for the Cost of the Work due to market conditions the Architect could not reasonably anticipate, the Owner shall compensate the Architect for the modifications as an Additional Service pursuant to Section 11.3; otherwise the Architect’s services for modifying the Construction Documents shall be without additional compensation. In any event, the Architect’s modification of the Construction Documents shall be the limit of the Architect’s responsibility under this Article 6. ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. § 7.2 The Architect and the Architect’s consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect’s consultants. § 7.3 The Architect grants to the Owner a nonexclusive license to use the Architect’s Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Owner substantially performs its obligations under this Agreement, including prompt payment of all sums due pursuant to Article 9 and Article 11. The Architect shall obtain similar nonexclusive licenses from the Architect’s consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub-subcontractors, and suppliers, as well as the Owner’s consultants and separate contractors, to reproduce applicable portions of the Instruments of Service, subject to any protocols established pursuant to Section 1.3, solely and exclusively for use in performing services or construction for the Project. If the Architect rightfully terminates this Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 shall terminate. § 7.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service, the Owner releases the Architect and Architect’s consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner’s use of the Instruments of Service under this Section 7.3.1. The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4. § 7.4 Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner’s sole risk and without liability to the Architect and the Architect’s consultants. AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 15:20:00 ET on 07/11/2022 under Order No.2114342581 which expires on 07/10/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1800623977) 17 § 7.5 Except as otherwise stated in Section 7.3, the provisions of this Article 7 shall survive the termination of this Agreement. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 General § 8.1.1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of or related to this Agreement, whether in contract, tort, or otherwise, in accordance with the requirements of the binding dispute resolution method selected in this Agreement and within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents, and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201–2017, General Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents, and employees of any of them, similar waivers in favor of the other parties enumerated herein. § 8.1.3 The Architect and Owner waive consequential damages for claims, disputes, or other matters in question, arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination of this Agreement, except as specifically provided in Section 9.7. § 8.2 Mediation § 8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien arising out of the Architect’s services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation, which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Agreement. A request for mediation shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 8.2.3 The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following: (Check the appropriate box.) [ « » ] Arbitration pursuant to Section 8.3 of this Agreement [ «X » ] Litigation in a court of competent jurisdiction [ « » ] Other: (Specify) « » AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 15:20:00 ET on 07/11/2022 under Order No.2114342581 which expires on 07/10/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1800623977) 18 If the Owner and Architect do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction. § 8.3 Arbitration § 8.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement, any claim, dispute or other matter in question arising out of or related to this Agreement subject to, but not resolved by, mediation shall be subject to arbitration, which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of this Agreement. A demand for arbitration shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the arbitration. § 8.3.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the claim, dispute or other matter in question would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the claim, dispute or other matter in question. § 8.3.2 The foregoing agreement to arbitrate, and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement, shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. § 8.3.3 The award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 8.3.4 Consolidation or Joinder § 8.3.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation; (2) the arbitrations to be consolidated substantially involve common questions of law or fact; and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 8.3.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. § 8.3.4.3 The Owner and Architect grant to any person or entity made a party to an arbitration conducted under this Section 8.3, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Architect under this Agreement. § 8.4 The provisions of this Article 8 shall survive the termination of this Agreement. ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect’s option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give seven days’ written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Owner shall pay the Architect all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect’s services. The Architect’s fees for the remaining services and the time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect’s services. The Architect’s fees for the remaining services and the time schedules shall be equitably adjusted. AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 15:20:00 ET on 07/11/2022 under Order No.2114342581 which expires on 07/10/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1800623977) 19 § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days’ written notice. § 9.4 Either party may terminate this Agreement upon not less than seven days’ written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than seven days’ written notice to the Architect for the Owner’s convenience and without cause. § 9.6 If the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or the Architect terminates this Agreement pursuant to Section 9.3, the Owner shall compensate the Architect for services performed prior to termination, Reimbursable Expenses incurred, and costs attributable to termination, including the costs attributable to the Architect’s termination of consultant agreements. § 9.7 In addition to any amounts paid under Section 9.6, if the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or the Architect terminates this Agreement pursuant to Section 9.3, the Owner shall pay to the Architect the following fees: (Set forth below the amount of any termination or licensing fee, or the method for determining any termination or licensing fee.) .1 Termination Fee: « » .2 Licensing Fee if the Owner intends to continue using the Architect’s Instruments of Service: « » § 9.8 Except as otherwise expressly provided herein, this Agreement shall terminate one year from the date of Substantial Completion. § 9.9 The Owner’s rights to use the Architect’s Instruments of Service in the event of a termination of this Agreement are set forth in Article 7 and Section 9.7. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located, excluding that jurisdiction’s choice of law rules. If the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 8.3. § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201–2017, General Conditions of the Contract for Construction. § 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns, and legal representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner’s rights and obligations under this Agreement, including any payments due to the Architect by the Owner prior to the assignment. § 10.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services, or responsibilities beyond the scope of this Agreement. AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 15:20:00 ET on 07/11/2022 under Order No.2114342581 which expires on 07/10/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1800623977) 20 § 10.5 Nothing contained in this Agreement shall create a contractual relationship with, or a cause of action in favor of, a third party against either the Owner or Architect. § 10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. § 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect’s promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect’s materials shall not include the Owner’s confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner’s promotional materials for the Project. This Section 10.7 shall survive the termination of this Agreement unless the Owner terminates this Agreement for cause pursuant to Section 9.4. § 10.8 If the Architect or Owner receives information specifically designated as “confidential” or “business proprietary,” the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except as set forth in Section 10.8.1. This Section 10.8 shall survive the termination of this Agreement. § 10.8.1 The receiving party may disclose “confidential” or “business proprietary” information after 7 days’ notice to the other party, when required by law, arbitrator’s order, or court order, including a subpoena or other form of compulsory legal process issued by a court or governmental entity, or to the extent such information is reasonably necessary for the receiving party to defend itself in any dispute. The receiving party may also disclose such information to its employees, consultants, or contractors in order to perform services or work solely and exclusively for the Project, provided those employees, consultants and contractors are subject to the restrictions on the disclosure and use of such information as set forth in this Section 10.8. § 10.9 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions. If it is determined that any provision of the Agreement violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Agreement shall be construed, to the fullest extent permitted by law, to give effect to the parties’ intentions and purposes in executing the Agreement. ARTICLE 11 COMPENSATION § 11.1 For the Architect’s Basic Services described under Article 3, the Owner shall compensate the Architect as follows: .1 Stipulated Sum Phase I – Conceptual Design (Insert amount) «Lump Sum Fee: One Hundred Eight Thousand Dollars ($108,000) » .2 Percentage Basis Phase II – Bid Documents and Construction Phase Services (Insert percentage value) Prior to Phase II, Client to establish Budget/Stated Cost Limitation (SCL) «Eight and 50/100 » («8.5 » ) % of the Owner’s budget for the Cost of the Work, as calculated in accordance with Section 11.6. .3 Other (Describe the method of compensation) « » § 11.2 For the Architect’s Supplemental Services designated in Section 4.1.1 and for any Sustainability Services required pursuant to Section 4.1.3, the Owner shall compensate the Architect as follows: AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 15:20:00 ET on 07/11/2022 under Order No.2114342581 which expires on 07/10/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1800623977) 21 (Insert amount of, or basis for, compensation. If necessary, list specific services to which particular methods of compensation apply.) « » § 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.2, the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation.) «Hourly rates per 11.7 of this Agreement » § 11.4 Compensation for Supplemental and Additional Services of the Architect’s consultants when not included in Section 11.2 or 11.3, shall be the amount invoiced to the Architect plus «Ten » percent ( «10 »%), or as follows: (Insert amount of, or basis for computing, Architect’s consultants’ compensation for Supplemental or Additional Services.) « » § 11.5 When compensation for Basic Services is based on a stipulated sum or a percentage basis, the proportion of compensation for each phase of services shall be as follows: Phase I – Conceptual Plan Phase II – As follows: Schematic Design Phase One Hundred Percent« » Fifteen Billed percent ( Monthly «15 » %) Design Development Phase «Twenty » percent ( «20 » %) Construction Documents Phase «Forty » percent ( «40 » %) Procurement Phase «Five » percent ( «5 » %) Construction Phase «Twenty » percent ( «20 » %) Total Basic Compensation one hundred percent ( 100 %) § 11.6 When compensation identified in Section 11.1 is on a percentage basis, progress payments for each phase of Basic Services shall be calculated by multiplying the percentages identified in this Article by the Owner’s most recent budget for the Cost of the Work. Compensation paid in previous progress payments shall not be adjusted based on subsequent updates to the Owner’s budget for the Cost of the Work. § 11.6.1 When compensation is on a percentage basis and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. § 11.7 The hourly billing rates for services of the Architect and the Architect’s consultants are set forth below. The rates shall be adjusted in accordance with the Architect’s and Architect’s consultants’ normal review practices. (If applicable, attach an exhibit of hourly billing rates or insert them below.) «Hourly rates as shown in Dickinson Architects proposal dated July 21, 2022. » Employee or Category Rate ($0.00) §11.8 Compensation for Reimbursable Expenses § 11.8.1 Reimbursable Expenses are in addition to compensation for Basic, Supplemental, and Additional Services and include expenses incurred by the Architect and the Architect’s consultants directly related to the Project, as follows: .1 Transportation and authorized out-of-town travel and subsistence; .2 Long distance services, dedicated data and communication services, teleconferences, Project web sites, and extranets; AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 15:20:00 ET on 07/11/2022 under Order No.2114342581 which expires on 07/10/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1800623977) 22 .3 Permitting and other fees required by authorities having jurisdiction over the Project; .4 Printing, reproductions, plots, and standard form documents; .5 Postage, handling, and delivery; .6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .7 Renderings, physical models, mock-ups, professional photography, and presentation materials requested by the Owner or required for the Project; .8 If required by the Owner, and with the Owner’s prior written approval, the Architect’s consultants’ expenses of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits in excess of that normally maintained by the Architect’s consultants; .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses; .11 Registration fees and any other fees charged by the Certifying Authority or by other entities as necessary to achieve the Sustainable Objective; and, .12 Other similar Project-related expenditures. § 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect’s consultants plus «Ten » percent ( «10 » %) of the expenses incurred. §11.9 Architect’s Insurance. If the types and limits of coverage required in Section 2.5 are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect for the additional costs incurred by the Architect for the additional coverages as set forth below: (Insert the additional coverages the Architect is required to obtain in order to satisfy the requirements set forth in Section 2.5, and for which the Owner shall reimburse the Architect.) « » §11.10 Payments to the Architect §11.10.1 Initial Payments § 11.10.1.1 An initial payment of «Zero » ($ «0 » ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner’s account in the final invoice. § 11.10.1.2 If a Sustainability Certification is part of the Sustainable Objective, an initial payment to the Architect of «Zero » ($ «0 » ) shall be made upon execution of this Agreement for registration fees and other fees payable to the Certifying Authority and necessary to achieve the Sustainability Certification. The Architect’s payments to the Certifying Authority shall be credited to the Owner’s account at the time the expense is incurred. §11.10.2 Progress Payments § 11.10.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect’s invoice. Amounts unpaid «Forty-Five »( «45 » ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of monthly or annual interest agreed upon.) « » % « » § 11.10.2.2 The Owner shall not withhold amounts from the Architect’s compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work, unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.10.2.3 Records of Reimbursable Expenses, expenses pertaining to Supplemental and Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: (Include other terms and conditions applicable to this Agreement.) AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 15:20:00 ET on 07/11/2022 under Order No.2114342581 which expires on 07/10/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1800623977) 23 « » ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the Owner and Architect. § 13.2 This Agreement is comprised of the following documents identified below: .1 AIA Document B101™–2017, Standard Form Agreement Between Owner and Architect .2 AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, dated as indicated below: (Insert the date of the E203-2013 incorporated into this agreement.) « » .3 Exhibits: (Check the appropriate box for any exhibits incorporated into this Agreement.) [ « » ] AIA Document E204™–2017, Sustainable Projects Exhibit, dated as indicated below: (Insert the date of the E204-2017 incorporated into this agreement.) « » [ « » ] Other Exhibits incorporated into this Agreement: (Clearly identify any other exhibits incorporated into this Agreement, including any exhibits and scopes of services identified as exhibits in Section 4.1.2.) «Augusta Supplementary General Conditions – Exhibit II » .4 Other documents: (List other documents, if any, forming part of the Agreement.) «Dickinson Architects proposal letter dated July 21, 2022. » This Agreement entered into as of the day and year first written above. OWNER (Signature)ARCHITECT (Signature) « »« » «Nicholas Dickinson, II, C.E.O. »« » (Printed name and title) (Printed name, title, and license number, if required) RFQ #22-213 Design Services for Fleet Management New Facilities RFQ Due: Tuesday, May 10, 2022 @ 3:00 p.m. Page 33 of 36 EXHIBIT II AUGUSTA SUPPLEMENTARY GENERAL CONDITIONS TO AIA B101-2017 Supplementary General Conditions, which will be added by Augusta, shall include, but not be limited to the following: •Temporary suspension or delay of performance of contract. To the extent that it does not alter the scope of this agreement, Augusta, Georgia may unilaterally order a temporary stopping of the work or delaying of the work to be performed by Architect under this agreement. •Termination of the Agreement for Default. Failure of the Architect, which has not been remedied or waived, to perform or otherwise comply with a material condition of the Agreement shall constitute default. Augusta, Georgia may terminate this contract is part or in whole upon written notice to the Architect pursuant to this term. •Hold Harmless. Except as otherwise provided in this agreement, Architect shall indemnify and hold harmless Augusta, Georgia, and its employees and agents from and against all liabilities, claims, suits, demands, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from the performance of its Work. •Prohibition against Contingent Fees. The Architect warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by Architect for the purpose of securing business and that the Architect has not received any non-Augusta fee related to this Agreement without the prior written consent of Augusta. For breach or violation of this warranty, Augusta shall have the right to annul this Agreement without liability or at its discretion to deduct from the Agreement Price of consideration the full amount of such commission, percentage, brokerage or contingent fee. •Venue and Jurisdiction. The law of the State of Georgia shall govern the Contract between Augusta and Contractor with regard to its interpretation and performance, and any other claims related to this agreement. All claims, disputes and other matters in question between Augusta and Contractor arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The Contractor, by executing this Agreement, specifically consents to jurisdiction and venue in Richmond County and waives any right to contest the jurisdiction and venue in the Superior Court of Richmond County, Georgia. • Georgia Prompt Pay Act not applicable. The terms of this agreement supersede any and all provisions of the Georgia Prompt Pay Act. RFQ #22-213 Design Services for Fleet Management New Facilities RFQ Due: Tuesday, May 10, 2022 @ 3:00 p.m. Page 34 of 36 • Right to inspect premises. Augusta, Georgia may, at reasonable times, inspect the part of the plant, place of business, or work site of Contractor or any subcontractor of Contractor or subunit thereof which is pertinent to the performance of any contract awarded or to be awarded by Augusta, Georgia. • E-Verify All contractors and subcontractors entering into contracts with Augusta, Georgia for the physical performance of services shall be required to execute an Affidavit verifying its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with Augusta, Georgia has registered with and is participating in a federal work authorization program. All contractors and subcontractors must provide their E-Verify number and must be in compliance with the electronic verification of work authorized programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91 and shall continue to use the federal authorization program throughout the contract term. All contractors shall further agree that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to its contract with Augusta, Georgia the contractor will secure from such subcontractor(s) each subcontractor’s E-Verify number as evidence of verification of compliance with O.C.G.A. § 13-10-91 on the subcontractor affidavit provided in Rule 300-10-01-.08 or a substantially similar form. All contractors shall further agree to maintain records of such compliance and provide a copy of each such verification to Augusta, Georgia at the time the subcontractor(s) is retained to perform such physical services. • Local Small Business Language In accordance with Chapter 10B of the AUGUSTA, GA. CODE, Architect expressly agrees to collect and maintain all records necessary to for Augusta, Georgia to evaluate the effectiveness of its Local Small Business Opportunity Program and to make such records available to Augusta, Georgia. The requirements of the Local Small Business Opportunity Program can be found at www.augustaga.gov. In accordance with AUGUSTA, GA. CODE § 1-10-129(d)(7), for all contracts where a local small business goal has been established, the contractor is required to provide local small business utilization reports. Architect shall report to Augusta, Georgia the total dollars paid to each local small business on each contract, and shall provide such payment affidavits, regarding payment to subcontractors as may be requested by Augusta, Georgia. Such documents shall be in the format specified by the Director of minority and small business opportunities and shall be submitted at such times as required by Augusta, Georgia. Failure to provide such reports within the time period specified by Augusta, Georgia shall entitle Augusta, Georgia to exercise any of the remedies set forth, including but not limited to, withholding payment from the contractor and/or collecting liquidated damages. • Acknowledgement. “Contractor acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Board of Commissioners and approval of the Mayor. Under Georgia law, Contractor is deemed to possess knowledge concerning Augusta, Georgia's ability to assume contractual obligations and the RFQ #22-213 Design Services for Fleet Management New Facilities RFQ Due: Tuesday, May 10, 2022 @ 3:00 p.m. Page 35 of 36 consequences of Contractor’s provision of goods or services to Augusta, Georgia under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that the Contractor may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Contractor agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if the Contractor provides goods or services to Augusta, Georgia in excess of the any contractually authorized goods or services, as required by Augusta, Georgia's Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods or services provided by Contractor. Contractor assumes all risk of non-payment for the provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized, including, without limitation, all remedies at law or equity." This acknowledgement shall be a mandatory provision in all Augusta, Georgia contracts for goods and services, except revenue producing contracts. [SIGNATURES ON FOLLOWING PAGE] Commission Meeting Agenda 9/6/2022 2:00 PM BOOST GRANT FOR JUVENILE COURT Department:Juvenile Court Department:Juvenile Court Caption:Motion to approve the Georgia Department of Education through the Georgia Statewide Afterschool Network has awarded the Richmond County Juvenile Court an additional $53,550 for the Building Opportunities Out of School Time (BOOST) Grant. (Approved by Public Safety Committee August 30, 2022) Background:The GA DOE awarded the Richmond County Juvenile Court a three year grant for Building Opportunities Out of School Time Grant. This is the second installment of this award. Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: We will set the budget at 220022650 once the grant is approved. REVIEWED AND APPROVED BY: Cover Memo 815122,9:20 AM Mail - DaCara Brown - Outlook IEXTERNALI BOOST Year 2 Afterschool Funding Recommendation Jed Dews <jdews@georgiavoices.org > MonT/11/2022 2:08 PM To: DaCara Brown < DBrown@augustaga.gov> July !L,2022 Dear Augusta Richmond County Juvenile Court (City of Augusta, GA), Here at the Georgia Statewide Afterschool Network (GSAN), it continues to be an absolute privilege to administer the Building Opportunities for Out-of-SchoolTime (BOOST) grant program in coordination with the Georgia Department of Education (GaDOE). ln our first year of operation, we were able to recommend over S80 million in funding and provide comprehensive technical assistance and quality supports to 101 youth service organizations. While the year was compressed due to the initial truncated timeline, the stories of expanded access to afterschool and summer programming speak volumes to the need for this kind of funding, as does the innovative ways providers are reducing barriers to OST participation and increasing the quality and scope of services being provided to Georgia's youth. Along with a third-party research and evaluation partner, GSAN is now engaged in building the evidence for BOOST using your reporting data, case studies, provider interviews, and much more. As we close out BOOST Year 1 (August t,2o21)uly 3L,20221, we also look forward to Year 2 (August L,2022-July 3t, 2023l.. While BOOST grants are renewable over three years, the funding amount is dependent on several key factors emphasized since the beginning of the project: timely submission of a program report, compliance with training requirements, responsible and active utilization of funds, number of youth served, and amount (dosage) of OST programming provided. Providers were asked to draw down at least 30% of their afterschool award or show active drawdowns approaching that amounU providers who were unable to access funds in a timely manner are subject to award penalties. Additionally, initial funding amounts were based largely on the number of youth and dosage reported in the application; in cases where results were significontly less than the original projection (or pre- approved project modification), award amounts were lowered to reflect a grant of equitable size to other, similar providers. ln some special circumstances and in cases where providers significantly exceeded their original projections, award amounts may have been increased accordingly. Below you will find the results of your BOOST Year 2 AFTERSCHOOL funding recommendations, including the details of any penalties and adjustments.!f you believe vourlunding.penaltvleflcctlan error,_you_mustnotify GSAN in writing-by Wednesday, Julv 13 a g boost@geoggiavoices.org. Please note: This is only for Year 2 afterschool. All Year 2 summer funding recommendations will be provided at a later date. Total Funding Penalty: S 0.00 Reporting Compliance Penalty: S 0.00 Training Compliance Penalty: S 0.00 Utilization of Funds Penalty: S O.OO Service Number Penalty: S 0.00 Program Dosage Penalty: S O.OO TotalAward lncrease: S 0.00 Reasons for lncrease Adjustments: N/A Year 2 AFTERSCHOOL Funding Recommendation: 553,550.00 Amount of Year 1 Award Remaining Available in Year 2: Any remaining Year 1 funds for your organization will continue to be available to you in Year 2 of the program. Please note that the GA State Board of Education must formally approve these recommendations at its July 27,2022 meeting before they can be formalized through an amended Grant Aword Notification These amounts are also subject to change if new information is discovered between the date of this letter and the approval date. Grantees should begin drafting BOOST Year 2 ofterschoolbudgets using your total Year 2 funding recommendation. GSAN will follow-up in the coming week with budgeting details including a new budget template and more instructions. https://outlook.office365.com/mail/id/AAQkAGQ1ZOU2ZWI5LTZhZGEtNDUl Nyl hZDZkLTE2Nzc2ZGFiYmQzNwAQAH0jtzayaUhmio/o2FucKLbTo/o2Fy... 112 815122,9:20 AM Mail - DaCara Brown - Outlook Thank you for being on the BOOST journey with GSAN and GaDOE and for the work you do to nurture healthier, stronger, more resilient children and youth in Georgia! Sincerely, Jed Dews lAssociate Director, BOOST Grants Program Georgia Statewide Afterschool Network Pronouns: he/his 470-681-5146 Direct Have you read the Whole Child Pimer? @oo Georgia Stotewide Afterschool Network is o division of Voices for Georgio's Children. [NOTICE: This message originated outside of the City of Augusta's mail system -- DO NOT CIICK on links, open attachments or respond to requests for information unless you are sure the content is safe.] G.San https://outlook.office365.com/mail/id/AAQkAGQ'lZDU2AtllsLTZhZGEtNDU'lNyl hZDZkLTE2Nzc2ZGFiYmQzNwAQAH0jfzayaUhmiYo2FMcKLbTo/o2Fy... 212 815122,9:22 AM ln This Edition: a o a a .- o a a o- o Take Action! Mail - DaCara Brown - Outlook IEXTERNALI Grantee Update #30 (August 1, Z0ZZ) BOOST < boost@georgiavoices.org > MonS/1/2022 6:00 PM To: DaCara Brown < DBrown @augustaga.gov> anru G.S l* I (Action Required) (Action Required)_ tAction Requiredl. (Action Requiredl. oBTATN OR PROVIDE YOUR UNTQUE ENTtTy tD (UEt) Thank you to all of the grantees who were able to supply their UEI to GSAN. That information has beenprovided to GaDOE for use with your BOOST award(s). At this time, 35 organizations have not yet provided the needed UEI information. We recognize that many organizations are experiencing delays dueto barriers with the SAM.gov process. There are no penalties for delayed submission of your UEI; however, you will not be able to access your Year 2 funds until this number is obtained and provided to GSAN. Please continue to use the to report this to GSAN as soon as possible. Refer to previous Grantee Updates or contact us if you need assistance obtaining your UEl. https://outlook.office365.com/mail/id/AAQkAGQ1ZDU2ZW15LTZhZGEtNDUl Nyl hZDZkLTE2Nzc2ZGFiYmQzNwAeADoaxTgtyuVHrmNTwLlAuaS%3D 1t4 August 1, 2022 815122,9:22 AM Mail - DaCara Brown - Outlook REGISTER FOR A MONITORING WEBINAR All grantees should make plans to attend ONE of the two special grant monitoring webinars available in August. The webinar will provide an overyiew of the process in which GaDOE will monitor subgrantees' internal controls, expenditures, inventory drawdowns, and cost principles regarding the received BOOST grant funds. lt will also highlight GSAN's approach to program monitoring. Organizationat teadership, grant management, and/or fiscal management should attend. . August 4, 2022 10:00a-11 :30a. August 10, 2022 10:00a-11 :30a YEAR 2 AFTERSCHOOL BUDGETS PAST DUE lf you have not yet submitted your Year 2 afterschool budget to GSAN for review, your budget is past due. Please contact us at boost@georgiavoices.org as soon as possible for assistance. Please note that GSAN and GaDOE will pre-approve yout budget, which may take 2-3 weeks. You will receive an updated copy of your pre-approved budget that is modified to include special funding descriptions requested by GaDOE; it will reflect your Year 1 line items as well and will be used to track federal spending requirements. Thank you for your patience as we process these budgets. YEAR 1 INVOICING lf you have not already exhausted your available funds, please use the month of August to complete your invoicing for Year 1 afterschool and summer programming and drawdown any funds that will not be rolled over to Year 2.lf you reported a rollover in your Year 2 afterschool budget, do not draw down those funds; you'll also have an opportunity to report a rollover for Year 2 summer, so do not draw down any summer funds you intend to rollover. There is no absolute deadline for drawing down Year 1 funds; these funds will remain accessible to you, even after August. However, due to the complex nature of budgeting for federal requirements, it will become difficult to manage both Year 1 funds and Year 2 funds after August. We encourage all grantees to make every effortto complete invoice submissions this month! Reminders & Updates YEAR 2 AFTERSCHOOL FUNDS APPROVED AND ADDED TO MYGaDOE PORTALAt their July 21 meeting, the Georgia State Board of Education approved GSAN's funding recommendations for the 2022-2023 school year with no revisions. GaDOE Grants Accounting added those awards to each grantee's account in the MyGaDOE portal; individuals with MyGaDOE access likely received an email with the subject "Allocation, Additional Allocation, and/or Carryover funds have been added to your ESSER |||-ARP-BOOST Grant." The email references taking action to verify the award; however, GSAN has confirmed that no action is required. Due to the way the grant works for GaDOE, as the prime grantee, Year 2 awards are added to Year 1 awards in the system. This may lead to confusion so please note -- these are not additional funds for the 2021-2O22 year. These are the funds you budgeted/are budgeting for the 2022-2023 afterschoot year. BUDGET APPROVAL PROCESS IN MYGADOE REVISED GaDOE recently updated the process for budget approval in the MyGaDOE system. While all of the same parties remain involved, the order of submission has changed. Please see the new process below. Note hftps://outlook.office365.com/mail/id/AAQkAGQ1ZDU2ZW\5LTZhZGEtNDUl Nyl hZDZkLTE2Nzc2ZGFiYmQzNwAQAD0axTglyuVHrmNTwLlAuaS%3D 815122,9:22 AM Mail - DaCara Brown - Outlook that the Superintendent will now sign off after the GaDOE Program Specialist. LEA Coordin tor r ! +:: ::. $ t: r :*:.iiil L *>r iJ.rnti:,a .r.'!l $ i{,ri-tr: l h+ !.Li3L:.1 ! ! r: ! !1r : i -.i;;.:.1. j[ {] I +}:1,:r5' i, {itrrl r.}r1,! | i.j ;}F$ir. {r, ;d ConApp Sudget Approual ths bx@et appr++d gr*frrrr$ lserrsgr+* $up*hrtcrrd*nt .11!er lit,,;dlr,iillfflfrr* *,i:ai:;rr. 1l-+ : F,1 :-F::::,nl.t!:*+na f+'l: €:iJ.:.--r rt!,.r1. ttaill!.;iEa:q*:l1+;[&...r'i.j]'dlrr,'1t,ae;,",i-;; i{dFF1*;i#,I!?i,ii'.i; \,- GaDOE Progrem Sprcid[ct ilft!!r rE.ri-r.rl--tf.Er*.,!j1-i{,1 f!"1+{rfiiif.F- tra,*{+:!1, !F,i1{,::1::l r,.1,, lr,*, ,-.....:. .^Ft r,.lti.t. ." .;,.tr. r . 4.t," .,.r.,t I !i i{ I a,!'!,.r:j I i A ;! Bli 4! ! r:r-.*g I : I !,:= ii,I t:l ;.t o ii*j ":fi;+ Srents Aecounting iJ.ffiIii i!:,':rtrr'f ,+:i!111 l:r1ilr If'.r,I tl,ti.ntjfr..."l: il: :ls:l ltr di,:iii+:i YEAR 2 QUALITY SUPPORT AND TRAINING PLAN Please stay tuned for more information regarding Year 2 training requirements and professional development opportunities! The final plan, based on your input and the results of Year 1, is being reviewed now, and we look fonruard to offering you many excellent quality-building opportunities in the coming program year! BOOST TOWN HALL MEETING ln the interest of reducing grantee time commitments as we begin Year 2, and because all grantees are required to send a minimum of 1 representative to the upcoming ASYD Conference September 7th - 9th in Athens, GA, BOOST will not host its bi-monthly Town Hall meeting this month. Going fonruard, Town Hall sessions will be held quarterly, affording grantees an open forum in which to discuss the BOOST grants program and process. We look fonruard to seeing you at the Conference next month! AFTERSCHOOL ALLIANCE YOUTH AMBASSADOR APPLICATION OPEN UNTIL AUGUST 15 Each school year, the Afterschool Alliance recruits a cohort of youth ages 13 and up to serve as Youth Ambassadors and share their perspectives on afterschool programs with a national audience. Youth Ambassadors receive training on being afterschool advocates-learning how to effectively communicate about their afterschool experiences with elected officials, media, and others in leadership positions, and how to use their afterschool stories to advocate for change. Do you know a youth who would make a great candidate for this program? Each Youth Ambassador receives a stipend of $1,000 for their participation in the program, which runs for 8 months, from October to May. https:i/outlook.office365.com/mail/id/AAQkAGQlZDU2ZW15LTZhZGEtNDUl Nyl hZDZkLTE2Nzc2ZGFiYmQzNwAQAD0axTglyuVHrmNTwLlAuaS%3D 314 815122,9:22 AM RET Voices for Georgias Children 75 Marietta Street NW Suite 401 Atlanta, GA 30303 United States lf you believe you received this message in enor or wish to no longer receive email from us, please unsubscribe. [NOTICE: This message originated outside of the City of Augusta's mail system -- DO NOT CIICK on links, open attachments or respond to requests for information unless you are sure the content is safe.] Mail - DaCara Brown - Outlook https://outlook.office365.com/mail/id/AAQkAGQlZDU2ZWl5LTZhZGEtNDUl Nyl hZDZkLTE2Nzc2ZGFiYmQzNwAQADOaxTglyuVHrmNTwLlAuaS%3D 414 AUGUSTA, GEORGIA New Grant ProposaUApplication Before a DepartmenUagency may epply for the grenUeward on behelf of Augusta Richmond County, they must first obtain approval signature from the Administrgtor end the Finance Director. The Administrator witl obtain information on the grant program end requirements from the funding agency and review these for feasibility to determine if this granUawerd will benefit Augusta Richmond County. The Finence Director will review the funding requirement to determine if the grant will fit within our budget structure and financial goals. Proposal Project No. Project Title PR000371 ruVENILE Building Opportunities for Out-of-School Time (BOOST) Grants Building Opportunities for Out-of-School Time (BOOST) Grants Georgia Statewide Afterschool Network (GSCAN) with the Georgia Department of Education (GaDOE) has established the Building Opportunities for Out-of-School Time (BOOST) Grant Program. Boost Grants will support the learning acceleration, connectedness, and well being of Georgia's students utilizing a whole child approach. No local match required. No EEO Required. Start Date: 0811512022 Submit Date: 0811012022 Total Budgeted Amount: 53,550.00 Sponsor: GM004b SponsorType: PT Purpose: 2 Name End Date: 0513112023 Depertment: 022 Total Funding Agency: US nept. of Education Pass thru Federal Serve Comm Juvenile Cts Contacts Juvenile Court Cash Match? 53,550.00 Total Cash Match: N 0.00 Frow rhru m' GM$Oq$ 6A Depi o$UO,r PhoneType ID Icr GMI025 DaCara Brown (706)8214261 Type FA _ry- D. CRAIG Approvals Date 08110t2022 Dept. Signature: Grant Coordinator L) I have reviewed the Grant application and enclosed materials and: MU"grant/award to be feasible to the needs of Augusta Richmond Counry o Deny the request 6 - rb zo2z. Date 2.) I have reviewed the Grant application and enclosed materials and: / Approve the Department Agency to move forward with the application B ltz lzo22 Date This form will also be used to provide the external euditors with information on all grants for compliance and certilication requirements as required by the State and Federal Government. Finance Director User: DB0663 I - DaCara Brown Pege Report: GMl0OO_PROPOSAL - GMl000: Grants Management: I Current D*e: 08/ l0/2O22 Current Time: l0:24:10 Commission Meeting Agenda 9/6/2022 2:00 PM Inmates' GED Testing Department:Richmond County Correctional Institution Department:Richmond County Correctional Institution Caption:Motion to approve MOU with the Georgia Department of Corrections (GDC) to administer (GED) Testing to inmates. (Approved by Public Safety Committee August 31, 2022) Background:(GED) Testing were previously administered by Augusta Technical College. Augusta Technical College does not have staffing to continue testing. The Georgia Department of Corrections has a team of individuals who can administer the tests to inmates. Analysis:This MOU will allow the department to continue to offer the (GED) tests to inmates. Financial Impact:There is a ($30.00) fee for each section of the test. Approximate need is $1,200 for remainder of the year. Alternatives:None Recommendation:Recommend approval of the MOU Funds are Available in the Following Accounts: 101033212-5237110 REVIEWED AND APPROVED BY: Cover Memo 1 FY23 IGAStateGovt INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE GEORGIA DEPARTMENT OF CORRECTONS AND Richmond County Correctional Institution Paper Based GED® Testing for Offenders THIS AGREEMENT is entered into the first day of July,2022 by and between the GEORGIA DEPARTMENT OF CORRECTIONS, an agency of the State of Georgia (“Department”), and Augusta-Richmond County a political subdivision of the State of Georgia (“County”), acting by and through its Board of County Commissioners, referred to individually as “Party” or together as “Parties.” WHEREAS, the purpose of this Agreement is for the Department to provide paper based GED® testing services for offenders at Richmond County Correctional Institution, 2314 Tobacco Rd. Augusta, GA 30906 (“Testing Location”). NOW, THEREFORE, in consideration of the premises and the mutual promises and agreements set forth below, the parties agree as follows: 1. Scope of Services. The Governmental Entity agrees to perform fully and faithfully the services described in Exhibit “A,” attached hereto and incorporated by reference herein (the “Services”). The Department and the Governmental Entity shall meet annually to review the Services. No additional or different services shall be performed unless provided for by an amendment to this Agreement, executed by the parties in the manner provided for herein. 2. Independent Contractor. In the performance of the services, and for all tax, liability, employment, and insurance purposes, Governmental Entity shall at all times be an Independent Contractor and not an agent, representative, or employee of the Department. Governmental Entity shall determine the means and manner of performance of its responsibilities, and Governmental Entity shall not hold itself out to be an employee or agent of the Department. 3. Compensation. The Department agrees to pay Governmental Entity in accordance with Exhibit “B” attached to this Agreement and incorporated by reference herein (the “Compensation Schedule”) for the full and faithful performance of the services under this Agreement during the term hereof. The Department shall pay Governmental Entity upon receipt of Governmental Entity’s invoice in approved form. The Department shall endeavor to pay approved invoices within 30 days of receipt; however, no interest shall accrue on past-due amounts. Governmental Entity acknowledges and agrees that the Department is authorized to withhold payments due the Governmental Entity until 2 FY23 IGAStateGovt Governmental Entity has filed with the Department the Governmental Entity’s Taxpayer Identification Number. In addition, payments otherwise due the Governmental Entity may be withheld by the Department on account of the Services being deemed deficient by the Department and not remedied or for breach of any term of this Agreement. If the foregoing deficiencies are remedied, then withheld payments shall be made promptly, and if not remedied within a reasonable time, the Department may terminate this Agreement in the manner provided for herein. Payment request submitted thirty (30) days after the termination of this Agreement will not be paid by the Department. 4. Benefits. The Governmental Entity acknowledges that he is not entitled to any benefits, including health insurance, workers compensation coverage, unemployment compensation coverage, which are ordinarily provided to employees of the Department. 5. Pledges of Credit. Governmental Entity acknowledges that the State of Georgia may not lawfully pledge its credit so as to cause a State agency to incur a financial obligation unless funds to honor the obligation have been lawfully appropriated. In the event that the source of any payment by the Department as provided for herein is insufficient, in the sole discretion of the Department, this Agreement shall terminate without further obligation of the Department. 6. Expenses. The Department shall not be liable for and shall not reimburse Governmental Entity for any travel or other expenses incurred by the Governmental Entity unless approved in advance by the Department in writing. Any such reimbursement shall be made in accordance with and in amounts permitted by applicable state rules and regulations. 7. Equipment. The Department is not required to provide any office space nor any equipment to the Governmental Entity except as specifically provided under this Agreement. 8. Term and Amendment. This Agreement shall be effective as of the 1st day of July, 2022, and shall continue in full force and effect until 11:59 p.m. on June 30, 2023. Any changes, modifications, or amendments to this Agreement will be effective only if reduced to writing and signed by both parties. 9. Renewal. The Department shall have the option, exercisable in its sole discretion depending on the satisfactory performance and availability of funds, to renew this Agreement for up to four (4) terms. Each renewal term shall not exceed twelve months. The Department shall give the Governmental Entity no less than thirty (30) days’ notice of its intent to renew. If renewed, renewal shall be upon the same terms and conditions. As to each term and subject to the termination provisions of this Agreement, the Agreement shall terminate absolutely and automatically at the close of the then-current term without further obligation by the Department. The original Agreement, applicable amendments and 3 FY23 IGAStateGovt any Agreement renewals shall bind the Department and the Governmental Entity. Upon the Department’s election, in the Department’s sole discretion, to renew any part of this Agreement, the Governmental Entity shall remain obligated to perform in accordance with this Agreement unless otherwise agreed in writing by the Department and the Governmental Entity. 10. Compliance with Laws. The Governmental Entity agrees to perform the Services in accordance with the terms and conditions of this Agreement and in compliance with all laws, rules, regulations and orders of federal, State and local governments, including orders of any court of competent jurisdiction and standard operating procedures of Department. Without limitation to the generality of the foregoing, Governmental Entity agrees to comply with any special conditions, undertakings or representations attached hereto, all of which form a part hereof. 11. Termination for Convenience. Either party may terminate this Agreement for any reason by providing written notice fourteen (14) days in advance of such termination. In the event of termination under this paragraph, the Department shall pay the Governmental Entity for Services that have been fully and faithfully performed prior to the effective date of termination; provided, however, that payments otherwise due the Governmental Entity may be applied by the Department against amounts due or claimed to be due the Department and, in addition, if termination is for cause, payments may be withheld by the Department on account of the Services being deemed deficient and not remedied by the Governmental Entity prior to the effective date of termination. Governmental Entity shall be liable to the Department for any additional cost incurred by the Department as a result of deficiencies in the Services to be provided hereunder. 12. Rights and Interests. This relationship is intended solely for the mutual benefit of the Parties, and there is no intention, express or otherwise, to create any rights or interests for any party other than the Department or Governmental Entity. 13. Conflicts of Interest. The Governmental Entity covenants that the Governmental Entity presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the Governmental Entity’s services hereunder. The Governmental Entity further covenants that in the performance of this Agreement, the Governmental Entity will not employ any person having such an interest. 14. Trading with State Employees. The parties certify that this Agreement does not and will not violate the provisions of O.C.G.A. §45-10-20, et seq., in any respect. The Governmental Entity agrees not to employ any individual that would result in a violation of this law. 15. Screening. Governmental Entity acknowledges and agrees that Governmental 4 FY23 IGAStateGovt Entity, including employees of Governmental Entity and subcontractor(s) of Governmental Entity, shall be subject to background investigations, including but not limited to criminal background investigations, conducted by duly authorized agents of the State, and while on the premises of any Department Facility, Governmental Entity and Governmental Entity’s personnel shall be subject to, and agree to comply with, rules pertaining or related to safety and security, including spoken directives of GDC facility staff and the Department’s standard operating procedures related to Employee Standards of Conduct and sexual harassment. 16. Training. In the event the Agreement is to perform Services at a Department facility, the Governmental Entity shall participate in Department and facility policy and procedure orientation which shall include but shall not be limited to institutional rules, security and operations. The Governmental Entity shall participate in any additional training as needed or appropriate to the services being rendered to the Department. The determination of additional training shall be solely determined by the Department. 17 Licenses, Certifications and Insurance. Governmental Entity agrees to maintain for the duration of this Agreement all licenses, certifications and permits applicable to the Services under this Agreement. Both parties acknowledge that each is self-insured through the Department of Administrative Services, and that neither shall be responsible for damages caused by the other. 18. Sexual Harassment Prevention. Both Parties acknowledge that they are subject to the Governor’s Executive Order “Preventing Sexual Harassment in the Executive Branch of Government” signed January 14, 2019 and both parties agree to comply with the same. 18. Standards of Conduction and Sexual Harassment. Governmental Entity agrees that the Governmental Entity and any of its agents, employees, officials or subcontractors who enter any facility, institution, office or other premise of the Department or who come into contact with any employee of the Department shall comply with the Department's Policies and Procedures relating to Standards of Conduct and Sexual Harassment and shall follow all orders or directives given by Department personnel. If the Governmental Entity or any of its agents, employees, officials or subcontractors should be accused of violating any of these policies or procedures or otherwise violating this provision, then the Governmental Entity will allow and assist the Department in investigating the charge or accusation. If the charge is established or if the Governmental Entity, its agents, employees, officials or subcontractors is found guilty of sexual harassment disciplinary action, including dismissal and termination of the contract and/or services may be instituted by the Department. The Governmental Entity will take appropriate action to sanction the violation and to ensure that there are no further violations. The Department may also bar anyone from its premises whom it finds to have violated these policies or procedures or who has otherwise violated this provision. The Governmental Entity shall execute acknowledgements evidencing that it has been advised of the Department’s Standard of 5 FY23 IGAStateGovt Conduct, Guidelines for Contract Personnel and Unlawful and Sexual Harassment Polices of the Department. 19. Confidentiality. Governmental Entity agrees to adhere to the Department’s Confidentiality policy and procedures which have been or will be provided to the Governmental Entity in writing by the Department. Governmental Entity will hold in strictest confidence and will not disclose to others for any reason whatsoever, any works, writings, plans, proposals, documents, contracts, records, data, analyses, compilations, forecasts, studies, reports, recordings, maps, or other information or material received or prepared by Governmental Entity (collectively, the “Information”), except to the extent that such Information (a) is otherwise available from third persons without restriction on its further use or disclosure, (b) is required by order of any court or by law (including but not limited to the Georgia Open Records Act) or by any regulatory agency to which Governmental Entity is subject or in connection with any civil or administrative proceeding, or (c) to the extent such Information is or becomes publicly known other than through actions, direct or indirect, of the Governmental Entity. 20. Prison Rape Elimination Act. Governmental Entity agrees to assist the Department in complying with standards articulated under 28 C.F.R. 115, entitled the Prison Rape Elimination Act, by submitting to a background check and agreeing not to sexually abuse or harass any offenders. Governmental Entity agrees to undergo training, as the Department sees fit, regarding the Department’s zero-tolerance policy for sexual abuse and sexual harassment and Governmental Entity agrees to document and acknowledge in writing that Governmental Entity understands such training. Governmental Entity agrees to inform Department of any knowledge, suspicion, or information regarding the occurrence of sexual abuse or harassment in any facility in which the Governmental Entity is present. Governmental Entity agrees to keep all information about sexual abuse or sexual harassment, other than such information as is required to report the incident, completely confidential. Governmental Entity agrees and understands that a violation of the Prison Rape Elimination Act could result in administrative sanctions, criminal sanctions, or both. Governmental Entity acknowledges that failure to maintain the standards articulated in this paragraph is considered a material breach of this Agreement and is grounds for termination of this Agreement. 21. Shop Right. Governmental Entity agrees that any processes, equipment, proprietary know-how or other proprietary information or matters that are produced or result, directly or indirectly, from or in connection with Governmental Entity’s performance of the Services shall be the property of the Department, and Governmental Entity further agrees to execute any and all documents, or take additional actions which may be necessary in the future to give full effect to this provision. 22. Cooperation. Governmental Entity and the Department, its employees, agents, subcontractors, and assigns, agree to cooperate fully in the defense of any litigation brought 6 FY23 IGAStateGovt against the Department or Governmental Entity relating to this Agreement, and each party shall give the other prompt notice of any claim, demand, suit, or proceeding. 23. Assignment. The parties will not transfer their right, title, or interest hereunder or delegate any of their duties or obligations hereunder without the prior written consent of the other parties. 24. Notices. Any notice under this Agreement shall be deemed duly given if delivered by hand (against receipt) or if sent by registered or certified mail to a party hereto 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 Agreement. It to Governmental Entity: Richmond CCI Evan Joseph 2314 Tobacco Rd. Augusta, GA 30906 If to Department: Jennifer Ammons General Counsel Georgia Department Corrections State Offices South at Tift College P.O. Box 1529 Forsyth, Georgia 31029 With Copy to: Dr. Jennifer Irvin 300 Patrol Road Upshaw – 2nd Floor Forsyth, GA 31029 25. Headings. The headings in this Agreement have been inserted for convenience only and shall not affect or control the meaning or construction of any of the provisions of this Agreement. 26. Survival. The terms, conditions, representations, obligations, understandings and undertakings herein shall survive any termination of this Agreement. 27. Severability. If any term or provision in this Agreement shall be found to be illegal or unenforceable, then, notwithstanding the offending terms or provisions, this Agreement shall remain in full force in effect and such terms or provisions shall be deemed stricken herefrom. 28. Legislative Modification. Notwithstanding any other provision of this Agreement to the contrary, in the event that any federal, state, or local law, rule, regulation, or 7 FY23 IGAStateGovt interpretation thereof restricts, prohibits, or in any way materially changes the method or amount of reimbursement or payment for services under this Agreement at any time during the duration of this Agreement, then this Agreement shall, to the extent permitted by the laws of the State of Georgia, be deemed amended by the parties to provide for payment of compensation and other fees in a manner consistent with any such prohibition, restriction, or limitation. 29. Drug-Free Workplace. The Governmental Entity acknowledges that it is fully aware of the contents and requirements of the Drug-Free Workplace Act, O.C.G.A. §50- 24-1, et seq. (A) The Governmental Entity hereby certifies that he will not engage in the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of this Agreement and any extensions thereof. (B) The Governmental Entity may be suspended, the contract terminated or the Governmental Entity debarred if it is determined that: (1) the Governmental Entity has made false certification hereinabove; or (2) the Governmental Entity has violated such certification by failure to carry out the requirements of the “Drug-Free Workplace Act”. 30. Governing Law. This Agreement is executed in the State of Georgia, and the laws of the State of Georgia shall govern all matters pertaining to the validity, construction, interpretation and effect of this Agreement. Venue shall lie in the Superior Courts of Fulton County for any action arising from Governmental Entity’s provision of Services pursuant to the Agreement. 31. Compliance with Federal and State Work Authorization and Immigration Laws. Governmental Entity certifies its compliance with Illegal Immigration Reform and Enforcement Act of 2011 and specifically those provisions codified at O.C.G.A. §13-10- 90, et seq. Governmental Entity warrants that it has registered with and uses the federal work authorization program commonly known as “E-Verify.” Governmental Entity further agrees that it will contract for the physical performance of services in satisfaction of this contract only with subcontractors who present an affidavit as required by O.C.G.A. §13- 10-91. Governmental Entity warrants that it will include a similar provision in all contracts entered into for the physical performance of services in satisfaction of this contract. 32. Remedies. No remedies or rights herein conferred upon the parties are intended to be exclusive of any remedy or right provided by law, but each shall be cumulative and shall be in addition to every other remedy or right given hereunder or now or hereafter existing at law or in equity (including the right of specific performance). 33. Waiver. The failure of either party to exercise or enforce any right conferred upon it hereunder shall not be deemed to be a waiver of any such right nor operate to bar the exercise or performance thereof at any time or times thereafter; nor shall its waiver of any right hereunder at any given time, including rights to any payment, be deemed a waiver thereof for any other time. 8 FY23 IGAStateGovt 34. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original but all of which shall constitute one agreement. No party shall be bound by this Agreement until all parties have executed it. 35. Entire Agreement. This Agreement constitutes the entire agreement and understanding between the parties hereto and replaces, cancels and supersedes any prior agreements and understandings relating to the subject matter hereof; and all prior representations, agreements, and undertakings between the parties hereto with respect to the subject matter hereof are merged herein. This Agreement may be modified only by mutual consent of the parties. Any modification must be in writing and signed by both parties. IN WITNESS WHEREOF, the parties have caused the authorized representatives of each to execute this Agreement on the day and year first above written. GEORGIA DEPARTMENT OF GOVERNMENTAL ENTITY CORRECTIONS By: ___________________________ By: _____________________________ Jennifer Ammons Name: General Counsel Title: Date: __________________________ Date: ____________________________ 9 FY23 IGAStateGovt Exhibit A Scope of Services I. The Governmental Entity Shall: 1. Governmental Entity shall contact the Department to schedule a test date that is mutually agreeable for both Parties. 2. Governmental Entity will provide a quiet testing space, free of distractions and interruptions, for the Department to administer the GED® test at the Testing Location and coordinate the exact time and location with the Governmental Entity at a time that is mutually convenient for both Parties. The Governmental Entity will provide appropriate accommodations for the Examinee(s) with special needs. 3. Provide a list of testers and required demographic information and test content area(s) needed. 3. Provide a quiet, secure location for testing that will accommodate the number of testers and necessary space between testers that will satisfy social distancing requirements as well as a staff member to ensure security during testing. 4. Schedule testing so that there is a Governmental Entity Staff Member available to provide breaks as needed for the Department’s Test Administrator. 5. Provide hand sanitizer and other appropriate measures to abide by current health standards and social distancing requirements. 6. Provide approved calculators and scratch paper for use on the test. 7. Pay for test booklets for content area tests at a rate of $30.00 per test content area per tester no later than thirty (30) days after invoice receipt. 8. Ensure that all testers have photo identification to present on the day of testing as the GDC test administrator will not test without identification. Department will be responsible for the following: 1. Order tests on behalf of Governmental Entity based on provided list of testers and test content area(s) needed. 10 FY23 IGAStateGovt 2. Pick up and transport test booklets and other materials from official Department delivery site to Government Entity. 3. Provide testing services according to Pearson Vue guidelines. 4. Collect and ship test booklets and other materials to Pearson Vue. 5. Retrieve scores through GED Manager and report scores to Governmental Entity. 6. Provide invoice from Pearson Vue for tests ordered for reimbursement to the Department. 11 FY23 IGAStateGovt Exhibit “B” Compensation Schedule The Governmental Entity agrees to reimburse the Department for the cost of paper GED testing at the rate of Thirty Dollars ($30.00) per content section. The Governmental Entity will reimburse the Department within thirty (30) days of receipt of the invoice. Paper tests will be purchased per the roster submitted to the Department by the Governmental Entity as needed. Testing dates will be scheduled as needed at the convenience of both Parties and at no additional charge to the Governmental Entity. Commission Meeting Agenda 9/6/2022 2:00 PM 5th Street Over the Savannah River –Bridge Repair and Restoration Project TIA Project#RC07-001217/PI#0011418 Bid #19-291 File Reference: 2022– 014(T) Department:Engineering Department:Engineering Caption:Motion to approve to Supplement Construction (SA3) to Superior Construction Company Southeast, LLC in the amount of $286,327.80 for Transportation Investment Act (TIA) Project, 5th Street Bridge over Savannah River Repair and Restoration Projects as requested by Augusta Engineering . Bid 19-291(Approved by Engineering Services Committee August 30, 2022) Background:Currently, Superior Construction Company Southeast, LLC is under contract with Augusta, GA for Transportation Investment Act (TIA) Project, 5th Street Bridge over Savannah River (Bridge Repair and Restoration) Improvements Project. The Augusta Commission awarded this contract on December 17, 2019. Bridge rehabilitation work is complete and at the deck. Safety and recreation features construction is in progress and near completion. Bridge’s intended use is a Public Linear Park. Project improvements include various Linear Park features including multiple shade structures and lighting. Bridge underdeck lighting is interchangeable color lighting with presently only one central shade structure equipped with similar lighting fixture. Analysis:Superior Construction Company Southeast, LLC is currently under contract with Augusta, GA/Augusta Engineering for 5th Street Bridge over Savannah River (Bridge Repair and Restoration)) Improvements work. Bridge Improvements work is progressing and project is near completion. Bridge lighting was commission and tested on June 15, 2022. It was noted that interchangeable color lighting feature is also needed at other shade structures. These shade structure presently does not have RGBW fixture. Work covered under this supplement is adding such fixtures. Financial Impact:Funds in the amount of $286,328 available in Engineering SPLOST VI - Street Lighting for covering construction cost. Alternatives:1) Do not approve and find alternative to complete shade structures needed lighting improvements. Recommendation:Approve to Supplement Construction (SA3) to Superior Construction Company Southeast, LLC in the amount of $286,328 for Transportation Cover Memo Investment Act (TIA) Project, 5th Street Bridge over Savannah River Repair and Restoration Projects as requested by Augusta Engineering. Bid 19-291 Funds are Available in the Following Accounts: ($286,328) 328-041110-5312310 / 219828922-5312310 (SPLOST VI) REVIEWED AND APPROVED BY: Cover Memo 5TH STREET BRIDGE REHABILITATION OVER SAVANNAH RIVER CITY OF AUGUSTA RGBW CHANGE ORDER - 24 FIXTURES BID DATE: JULY 26, 2022 R. J. HAYNIE & ASSOCIATES, INC. COMPLETION DATE: TBD LINE NO.ITEM NO.DESCRIPTION UNIT QUANTITY UNIT PRICE EXTENDED PRICE CABLE, TP XHHW, AWG NO 4 LF 1250.00 4.25$ 5,312.50$ RGBW40K FIXTURE EA 24.00 6,275.00$ 150,600.00$ CBX BOX EA 6.00 2,985.00$ 17,910.00$ 65 FT SNOOPER TRUCK RENTAL LS 1.00 68,100.00$ 68,100.00$ 1/2 IN PVC COATED LIQUID TIGHT CONDUIT LF 175.00 17.00$ 2,975.00$ 4 X 4 X 4 JUNCTION BOX EA 4.00 393.00$ 1,572.00$ 60 X 25 X 18 PADLOCKABLE 3R CABINET W/ BACK PANEL EA 2.00 4,633.40$ 9,266.80$ DMX CABLE LF 1250.00 3.65$ 4,562.50$ BID TOTAL:260,298.80$ **5 year Cloud service is included. **Bid is valid for 30 days. R. J. Haynie & Associates, Inc. Jeff Haynie 404-361-0672 (office) 404-366-9750 (fax) Augusta-Richmond County, Georgia BE IT ORDAINED by the Commission-Council of Augusta-Richmond County, Georgia that the following Capital Project Budget is hereby amended: Section 1: The project is authorized to CPB#371-041110-T15041217. This request is to Supplement Construction Three to Superior Construction Company Southeast, LLC in the amount Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. TIA Design 992,200$ TIA Construction 8,000,000$ LMIG FUNDS 1,000,000$ TIA Discretionary 1,658,202$ LMIG FY2021FUNDS 550,000$ SPLOST VI 260,299$ 12,460,701$ 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 CPB#371-041110-T15041217 5th Street Bridge over the Savannah River (Bridge Repair and Restoration) Bid 19-291 of $260,299 for Transportation Investment Act (TIA) project subject to bonds as requested by AED. Funding is available in SPLOST VI Funds 8/18/2022 Augusta-Richmond County, Georgia CAPITAL PROJECT BUDGET CPB#371-041110-T15041217 5th Street Bridge over the Savannah River (Bridge Repair and Restoration) Bid 19-291 CPB AMOUNT CPB New SOURCE OF FUNDS CPB Addition CPB TIA Project 371-041110/5212115-T15041217 ($200,920)($200,920) TIA Project 371-041110/5212115-T15041217 ($791,280)($791,280) TIA Project 371-041110-T15041217 ($8,000,000)($8,000,000) GDOT LMIG Funds ($1,000,000)($1,000,000) TIA Discretionary ($1,658,202)($1,658,202) GDOT LMIG 2021 ($550,000)($550,000) SPLOST VI $0 ($260,299)($260,299) TOTAL SOURCES:($12,200,402)($260,299)($12,460,701) USE OF FUNDS ENGINEERING 371-041110-5414210/T15041217 $992,200 $992,200 TIA Project 371-041110-5414110-T15041217 $8,000,000 $8,000,000 GDOT LMIG Funds 371-041110-5414110 $1,000,000 $1,000,000 TIA Discretionary 235-041110-5414110 $1,658,202 $1,658,202 GDOT LMIG 2021 $550,000 SPLOST VI Funds 328-041110-219828922 $0 $260,299 $260,299 TOTAL USES:$12,200,402 $260,299 $12,460,701 8/18/2022 Commission Meeting Agenda 9/6/2022 2:00 PM Acquisition of a temporary construction easement to Richmond County, Georgia from Alfredie Dixon and Joan R. Dixon 808 Perry Ct. Department:Engineering Department:Engineering Caption:Motion to authorize condemnation to acquire title of a portion of property for temporary easement (Parcel 059-2-821-00-0) 808 Perry Court. (Approved by Engineering Services Committee August 30, 2022) Background:The City has been unable to reach an agreement with the property owners and therefore seeks to acquire title through condemnation. In order to proceed and avoid further project delays, it is necessary to condemn a portion of subject property. The required property consists of 609 square feet of temporary easement. The appraised value is $500.00. Analysis:Condemnation is necessary in order to acquire the required property. Financial Impact:The necessary costs will be covered under the project budget. Alternatives:Deny condemnation. Recommendation:Approve condemnation. Funds are Available in the Following Accounts: FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNTS: G/L 272-07-5511/5212115 REVIEWED AND APPROVED BY: Cover Memo AGENDA ITEM ______________ EDITION ______________ DATE: August 8, 2022 TO: The Honorable Hardie Davis, Mayor Members of the Augusta Commission/Members of the Engineering Services Committee FROM: Daniel W. Hamilton through Wayne Brown, General Counsel SUBJECT: Acquisition of a temporary construction easement to Richmond County, Georgia from Alfredie Dixon and Joan R. Dixon. CAPTION: Motion to authorize condemnation to acquire title of a portion of property for temporary easement (Parcel 059-2-821-00-0) 808 Perry Court. BACKGROUND: The City has been unable to reach an agreement with the property owners and therefore seeks to acquire title through condemnation. In order to proceed and avoid further project delays, it is necessary to condemn a portion of subject property. The required property consists of 609 square feet of temporary easement. The appraised value is $500.00. ANALYSIS: Condemnation is necessary in order to acquire the required property. FINANCIAL IMPACT: The necessary costs will be covered under the project budget. ALTERNATIVES: Deny condemnation. RECOMMENDATION: Approve condemnation. AGENDA DATE: August 30, 2022. DEPARTMENT FUNDS ARE AVAILABLE IN THE DIRECTOR:_________________________ FOLLOWING ACCOUNTS: G/L 272-075511 ADMINISTRATOR:____________________ FINANCE:__________________________ Commission Meeting Agenda 9/6/2022 2:00 PM Acquisition of a temporary construction easement to Richmond County, Georgia from Bernice O. Dixon (deceased). 1244 James Brown Blvd. Department:Engineering Department:Engineering Caption:Motion to authorize condemnation to acquire title of a portion of property for temporary easement (Parcel 059-2-834-00-0) 1244 James Brown Boulevard.(Approved by Engineering Services Committee August 30, 2022) Background:The City cannot determine clear title due to the owner being deceased. Therefore the City seeks to acquire title through condemnation. In order to proceed and avoid further project delays, it is necessary to condemn a portion of subject property. The required property consists of 375 square feet of temporary easement. The appraised value is $500.00. Analysis:Condemnation is necessary in order to acquire the required property. Financial Impact:The necessary costs will be covered under the project budget Alternatives:Deny condemnation. Recommendation:Approve condemnation. Funds are Available in the Following Accounts: FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNTS: G/L 272-07-5511/5212115 REVIEWED AND APPROVED BY: Cover Memo AGENDA ITEM ______________ EDITION ______________ DATE: August 8, 2022 TO: The Honorable Hardie Davis, Mayor Members of the Augusta Commission/Members of the Engineering Services Committee FROM: Daniel W. Hamilton through Wayne Brown, General Counsel SUBJECT: Acquisition of a temporary construction easement to Richmond County, Georgia from Bernice O. Dixon (deceased). CAPTION: Motion to authorize condemnation to acquire title of a portion of property for temporary easement (Parcel 059-2-834-00-0) 1244 James Brown Boulevard. BACKGROUND: The City cannot determine clear title due to the owner being deceased. Therefore the City seeks to acquire title through condemnation. In order to proceed and avoid further project delays, it is necessary to condemn a portion of subject property. The required property consists of 375 square feet of temporary easement. The appraised value is $500.00. ANALYSIS: Condemnation is necessary in order to acquire the required property. FINANCIAL IMPACT: The necessary costs will be covered under the project budget. ALTERNATIVES: Deny condemnation. RECOMMENDATION: Approve condemnation. AGENDA DATE: August 30, 2022. DEPARTMENT FUNDS ARE AVAILABLE IN THE DIRECTOR:_________________________ FOLLOWING ACCOUNTS: G/L 272-075511 ADMINISTRATOR:____________________ FINANCE:__________________________ Commission Meeting Agenda 9/6/2022 2:00 PM Acquisition of a temporary construction easement to Richmond County, Georgia from Emma Brassfield (deceased) 836 Spruce Street. Department:Engineering Department:Engineering Caption:Motion to authorize condemnation to acquire title of a portion of property for temporary easement (Parcel 059-2-837-00-0) 836 Spruce Street. (Approved by Engineering Services Committee August 30, 2022) Background:The City cannot determine clear title due to the owner being deceased. Therefore the City seeks to acquire title through condemnation. In order to proceed and avoid further project delays, it is necessary to condemn a portion of subject property. The required property consists of 446 square feet of temporary easement. The appraised value is $500.00. Analysis:Condemnation is necessary in order to acquire the required property. Financial Impact:The necessary costs will be covered under the project budget. Alternatives:Deny condemnation. Recommendation:Approve condemnation. Funds are Available in the Following Accounts: FOLLOWING ACCOUNTS: G/L 272-07-5511/5212115 REVIEWED AND APPROVED BY: Cover Memo AGENDA ITEM ______________ EDITION ______________ DATE: August 8, 2022 TO: The Honorable Hardie Davis, Mayor Members of the Augusta Commission/Members of the Engineering Services Committee FROM: Daniel W. Hamilton through Wayne Brown, General Counsel SUBJECT: Acquisition of a temporary construction easement to Richmond County, Georgia from Emma Brassfield (deceased). CAPTION: Motion to authorize condemnation to acquire title of a portion of property for temporary easement (Parcel 059-2-837-00-0) 836 Spruce Street. BACKGROUND: The City cannot determine clear title due to the owner being deceased. Therefore the City seeks to acquire title through condemnation. In order to proceed and avoid further project delays, it is necessary to condemn a portion of subject property. The required property consists of 446 square feet of temporary easement. The appraised value is $500.00. ANALYSIS: Condemnation is necessary in order to acquire the required property. FINANCIAL IMPACT: The necessary costs will be covered under the project budget. ALTERNATIVES: Deny condemnation. RECOMMENDATION: Approve condemnation. AGENDA DATE: August 30, 2022. DEPARTMENT FUNDS ARE AVAILABLE IN THE DIRECTOR:_________________________ FOLLOWING ACCOUNTS: G/L 272-075511 ADMINISTRATOR:____________________ FINANCE:__________________________ Commission Meeting Agenda 9/6/2022 2:00 PM Acquisition of a temporary construction easement to Richmond County, Georgia from Mary A. Dejesus (deceased). 1308 James Brown Blvd. Department:Engineering Department:Engineering Caption:Motion to authorize condemnation to acquire title of a portion of property for temporary easement (Parcel 059-2-832-00-0) 1308 James Brown Boulevard.(Approved by Engineering Services Committee August 30, 2022) Background:The City cannot determine clear title due to the owner being deceased. Therefore the City seeks to acquire title through condemnation. In order to proceed and avoid further project delays, it is necessary to condemn a portion of subject property. The required property consists of 375 square feet of temporary easement. The appraised value is $500.00. Analysis:Condemnation is necessary in order to acquire the required property. Financial Impact:The necessary costs will be covered under the project budget. Alternatives:Deny condemnation. Recommendation:Approve condemnation. Funds are Available in the Following Accounts: FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNTS: G/L 272-07-5511/5212115 REVIEWED AND APPROVED BY: Cover Memo AGENDA ITEM ______________ EDITION ______________ DATE: August 8, 2022 TO: The Honorable Hardie Davis, Mayor Members of the Augusta Commission/Members of the Engineering Services Committee FROM: Daniel W. Hamilton through Wayne Brown, General Counsel SUBJECT: Acquisition of a temporary construction easement to Richmond County, Georgia from Mary A. Dejesus (deceased). CAPTION: Motion to authorize condemnation to acquire title of a portion of property for temporary easement (Parcel 059-2-832-00-0) 1308 James Brown Boulevard. BACKGROUND: The City cannot determine clear title due to the owner being deceased. Therefore the City seeks to acquire title through condemnation. In order to proceed and avoid further project delays, it is necessary to condemn a portion of subject property. The required property consists of 375 square feet of temporary easement. The appraised value is $500.00. ANALYSIS: Condemnation is necessary in order to acquire the required property. FINANCIAL IMPACT: The necessary costs will be covered under the project budget. ALTERNATIVES: Deny condemnation. RECOMMENDATION: Approve condemnation. AGENDA DATE: August 30, 2022. DEPARTMENT FUNDS ARE AVAILABLE IN THE DIRECTOR:_________________________ FOLLOWING ACCOUNTS: G/L 272-075511 ADMINISTRATOR:____________________ FINANCE:__________________________ Commission Meeting Agenda 9/6/2022 2:00 PM Acquisition of right of way and temporary construction easement to Richmond County, Georgia from Marietta Scott Reid (deceased), Aline Walker, Marcus Reid Anthony, and Katrina Nicole Reid. 858 Laney Walker Boulevard. Department:Engineering Department:Engineering Caption:Motion to authorize condemnation to acquire title of a portion of property for right of way and temporary easement (Parcel 059-2-319-00-0) 858 Laney Walker Boulevard.(Approved by Engineering Services Committee August 30, 2022) Background:The City cannot determine clear title due to one of the owners being deceased. Also, the City has been unable to reach an agreement with some of the property owners. Therefore the City seeks to acquire title through condemnation. In order to proceed and avoid further project delays, it is necessary to condemn a portion of subject property. The required property consists of 312 square feet of right of way and 264 square feet of temporary easement. The appraised value is $3,000.00. Analysis:Condemnation is necessary in order to acquire the required property. Financial Impact:The necessary costs will be covered under the project budget. Alternatives:Deny condemnation. Recommendation:Approve condemnation. Funds are Available in the Following Accounts: FOLLOWING ACCOUNTS: G/L 272-07-5511/5212115 REVIEWED AND APPROVED BY: Cover Memo AGENDA ITEM ______________ EDITION ______________ DATE: August 8, 2022 TO: The Honorable Hardie Davis, Mayor Members of the Augusta Commission/Members of the Engineering Services Committee FROM: Daniel W. Hamilton through Wayne Brown, General Counsel SUBJECT: Acquisition of right of way and temporary construction easement to Richmond County, Georgia from Marietta Scott Reid (deceased), Aline Walker, Marcus Reid Anthony, and Katrina Nicole Reid. CAPTION: Motion to authorize condemnation to acquire title of a portion of property for right of way and temporary easement (Parcel 059-2- 319-00-0) 858 Laney Walker Boulevard. BACKGROUND: The City cannot determine clear title due to one of the owners being deceased. Also, the City has been unable to reach an agreement with some of the property owners. Therefore the City seeks to acquire title through condemnation. In order to proceed and avoid further project delays, it is necessary to condemn a portion of subject property. The required property consists of 312 square feet of right of way and 264 square feet of temporary easement. The appraised value is $3,000.00. ANALYSIS: Condemnation is necessary in order to acquire the required property. FINANCIAL IMPACT: The necessary costs will be covered under the project budget. ALTERNATIVES: Deny condemnation. RECOMMENDATION: Approve condemnation. AGENDA DATE: August 30, 2022. DEPARTMENT FUNDS ARE AVAILABLE IN THE DIRECTOR:_________________________ FOLLOWING ACCOUNTS: G/L 272-075511 ADMINISTRATOR:____________________ FINANCE:__________________________ Commission Meeting Agenda 9/6/2022 2:00 PM Award Bid Item 22-209 Landscaping and Lawn Maintenance for Water Treatment Plants Department:Utilities Department:Utilities Caption:Motion to approve Bid Award Item 22-209 Landscaping and Lawn Maintenance for Water Treatment Plants(Approved by Engineering Services Committee August 30, 2022) Background:The Utilities Department has worked with the Augusta Procurement Department to solicit bids for landscaping and lawn maintenance services at our two largest drinking water treatment facilities. The bid solicitation requested a monthly cost for one year with an option for a second year. The solicitation resulted in five bids from qualified vendors. Analysis:Our review of the bids received determined that the best bid was submitted by Jacobs Land Management at a maximum cost of $2,815.00 per month for both facilities. They also propose to maintain that pricing if Augusta exercises the option for a second year. The total annual maximum cost for this service would be $33,780.00. Financial Impact:$33.780.00 from budgeted funds. Alternatives:Perform this work with our staff and equipment which would cost more than the proposed maximum cost. Not Recommended. Recommendation:Award Bid Item 22-209 to Jacobs Land Management at an annual cost of $33.780.00. Funds are Available in the Following Accounts: 506043520-5222410 for Highland Avenue Facility 506043540-5222410 for N Max Hicks Facility REVIEWED AND APPROVED BY: Cover Memo Invitation to Bid Sealed bids will be received at this office until Monday, May 9, 2022 @ 11:00 a.m. via ZOOM Meeting ID: 883 5667 1071; Passcode: 527197 for furnishing: Bid Item #22-209 Landscaping and Lawn Maintenance for Water Treatment Plant for Augusta, GA – Utilities Department Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may be obtained at the offices of Augusta, GA Procurement Department, 535 Telfair Street – Suite 605, Augusta, GA 30901 (706-821-2422). Please contact Stephen Orton at 706-836-7283 for Optional Site-Visit on April 18, 2022. 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, April 20, 2022 @ 5:00 P.M. No bid will be accepted by fax or email, all must be received by mail or hand delivered. No bids may be withdrawn for a period of ninety (90) days after bids have been opened, pending the execution of contract with the successful bidder. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference an eligible bidder must submit a completed and signed written application to become a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project. An eligible bidder who fails to submit an application for approval as a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project, and who otherwise meets the requirements for approval as a local bidder, will not be qualified for a bid preference on such eligible local project. 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. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax or email, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle March 24, 31, 2022 and April 7, 14, 2022 Metro Courier March 24, 2022 OFFICIAL VENDORS Jacobs Land Management 733 Scott Nixon Memorial Dr. Augusta, GA 30907 HB Landscaping and Lawn Care LLC 663 Blanchard Rd. Evans, GA 30809 Yellowstone Landscape 702 McKnight Industrial Blvd Martinez, GA 30907 LEP Contracting LLC 2917 Foxhall Circle Augusta, GA 30907 Pond Maintenance of Augusta LLC 3707 Colbert St. Augusta, GA 30906 Anything Outdoors 4160 Iron Horse Dr. Augusta, GA 30907 Attachment B YES YES YES YES YES E-Verify Number 417873 1419481 648975 1512510 67036 SAVE Form YES YES YES YES YES Area 1 $255.00 $416.00 $450.00 $1,000.00 $600.00 Area 2 $220.00 $566.00 $1,000.00 $850.00 $600.00 Area 3 $295.00 $566.00 $815.00 $850.00 $600.00 Area 4 $435.00 $566.00 $750.00 $850.00 $1,200.00 Area 5 $285.00 $366.00 $950.00 $850.00 $600.00 Highland Plant Total Monthly Fee $1,490.00 $2,480.00 $3,965.00 $4,400.00 $3,600.00 Area 1 $485.00 $460.00 $1,150.00 $734.00 $2,000.00 Area 2 $175.00 $260.00 $350.00 $1,000.00 $500.00 Area 3 $190.00 $260.00 $450.00 $734.00 $500.00 Area 4 $475.00 $560.00 $1,380.00 $734.00 $2,000.00 Hicks Plant Total Monthly Fee $1,325.00 $1,540.00 $3,330.00 $3,202.00 $5,000.00 Area 1 $255.00 $437.00 $450.00 $1,045.00 $690.00 Area 2 $220.00 $594.00 $1,000.00 $886.00 $690.00 Area 3 $295.00 $594.00 $815.00 $886.00 $690.00 Area 4 $435.00 $594.00 $750.00 $886.00 $1,380.00 Area 5 $285.00 $385.00 $950.00 $886.00 $690.00 Highland Plant Total Monthly Fee $1,490.00 $2,604.00 $3,965.00 $4,589.00 $4,140.00 Area 1 $485.00 $483.00 $1,150.00 $759.00 $2,300.00 Area 2 $175.00 $273.00 $350.00 $1,045.00 $575.00 Area 3 $190.00 $273.00 $450.00 $759.00 $575.00 Area 4 $475.00 $588.00 $1,380.00 $759.00 $2,300.00 Hicks Plant Total Monthly Fee $1,325.00 $1,617.00 $3,330.00 $3,322.00 $5,750.00 Bid Form: Landscaping Services Fee for the One (1) One Year Extension Options Bid Form: Landscaping Services LATE SUBMITTAL Total Number Specifications Mailed Out: 22 Total Number Specifications Download (Demandstar): 11 Total Electronic Notifications (Demandstar): 281 Total Georgia Procurement Registry: 1918 Total packages submitted: 6 Total Non-Compliant: 1 Bid Opening Bid Item #22-209 Landscaping and Lawn Maintenance for Water Treatment Plant for Augusta, Georgia- Utilities Department Bid Due: Mon May 9, 2022 @ 11:00 a.m. Page 1 of 1 Commission Meeting Agenda 9/6/2022 2:00 PM Blue Ridge Services, Inc. Professional Services Contract - SA1 Deans Bridge Road Landfill Comprehensive Operational Review and Operation Supporting Services-Supplemental Work File Reference: 22 – 014(L) Department:Engineering Department:Engineering Caption:Motion to approve Supplemental Agreement one (SA1) for Blue Ridge Services Professional Services Contract in amount of $82,002.73 for Solid Waste Intake Operations Supporting Services for Deans Bridge Road Landfill. Emergency Procurement. Requested by AE&ESD (Approved by Engineering Services Committee August 30, 2022) Background:For an extended time, Augusta Deans Bridge Road Landfill (Facility) has been experiencing solid waste management operational challenges and issues. To bring the Facility back in compliance per NOV cited schedule and getting possible response time extension, there was an emergency need to i) conduct a comprehensive solid waste management operational review, ii) develop fill sequence plan, iii) develop waste management standard operating procedures, and iv) conduct the Facility waste management employees’ hands-on on-site training. Aforementioned activities are very specialized services and Blue Ridge is the national leader of such professional services firm. Blue Ridge professional Services are acquired under Emergency Procurement option in December 2021. Analysis:Blue Ridge professional Services are acquired under Emergency Procurement option in December 2021. Since then, Blue Ridge conducted Deans Bridge Road Landfill (DBRLF) operational review, developed waste fill sequences plan, initiated operators onsite training and provided several associated services. Supplemental Services needs arise due to GA EPD information request concerning fill sequences, active phase stormwater management and requiring supplemental analysis & submittals. Also, initiation of operators onsite training revealed that additional onsite training and support is warranted to ensure waste fill sequence plan is implemented as developed and operators have comprehensive understanding of such plan. Financial Impact:Funds in amount of $82,002.73 are available in Solid Waste Operational Funds (541-044210-52-12115). Alternatives:No alternate proposed Recommendation: Cover Memo Approve Supplemental Agreement One (SA1) for Blue Ridge Services Professional Services Contract in amount of $82,002.73 for Solid Waste Intake Operations Supporting Services for Deans Bridge Road Landfill. Emergency Procurement. Requested by AE&ESD Funds are Available in the Following Accounts: ($82,002.73) - 541-044210-5212115 - Solid Waste Operational Funds REVIEWED AND APPROVED BY: Cover Memo Hameed Malik, Ph.D., P.E. Director Engineering Augusta Engineering Department 452 Walker St., Suite 110, Augusta, Georgia 30901 August 4, 2022 Dr. Malik, Blue Ridge Services Montana, Inc. has prepared the following summary of tasks that we have been asked to perform that are outside of our original scope of services. Summary of additional tasks performed through August 4, 2022 • Landfill Compactor Recommendations o Correspondence and review of landfill compactor bid specs, research, and provide correspondence with findings and recommendations. ▪ Task Total $780.00 • Stormwater flap design (for submittal to the State) o Includes, project management, internal and external correspondence, calculations, development of drawings, and pro-rated onsite recognizance and observation for onsite visit. ▪ Task Total $17,446.48 • Modified Fill Sequence Plans (for submittal to the State) o In our proposal and cost estimate we had allocated $23,765.00 to create one fill sequence plan concept. Once learning of the need to incorporate the rain flap design into the fill sequence plans and maximize the timeframe within the available lined area, we were asked to develop and submit another fill sequence plan. o Includes, project management, internal and external correspondence, meetings, calculations and the development, printing and shipment of fill sequence drawings which were provided for staff review and submittal to the State ▪ Task Total $20,416.25 • CORE Data Collection and Review o We did not receive the requested CORE questionnaire and associated data in our initial requests and spent a significant amount of effort re-requesting, summarizing, and reconfiguring the outstanding information and data. ▪ Task Total $5,265.00 • Total of additional tasks performed through August 4, 2022, $43,907.73 Summary of estimated additional tasks moving forward • Further modifications to Fill Sequence plans and Stormwater flap design o Pending feedback from the State, we will require additional budget to perform any modifications to the fill sequence plans and stormwater flap designs that were submitted. We will also require additional budget to provide greater operational detail within each phase of the fill sequence plans. This detail could include optimized wet-weather access roads and tipping areas for operations staff to follow. This additional detail within the plans will require updated aerial topography (performed by others). o Includes, project management, internal and external correspondence, meetings, calculations and the development, printing, and shipment of more detailed fill sequence drawings. ▪ Task Total $15,600 • Additional onsite training and support o We were asked to provide three additional onsite training and support sessions for onsite management, supervision, and operations staff. This would extend our existing monthly onsite training and support sessions through the end of 2022. This training and support would continue to reinforce the wide variety of optimizations, planning components and safety enhancements we have introduced throughout the course of the project. o Includes labor, materials and travel related expenses to provide 3 separate-three day onsite training sessions. ▪ Task Total $36,535 • Total of additional tasks moving forward, $38,095 In our original scope of services, we had allocated $26,265.00 to develop the Airspace Management Plan (AMP). Per your request, we have focused our efforts toward developing the fill sequence plans and have not utilized any of our original budget to develop the longer-term Airspace Management Plan (AMP). Now that our team has reviewed the base grades provided by SCS it is clear they have not been updated to account for the as-built conditions of the lined slope. Prior to doing any AMP work SCS would need to update the design base grades and final grades to ensure that any long-term sequencing iterations are accurate. With this in mind, we recommend standing down on the AMP task, and reallocating the $26,265.00 of this original budget toward the tasks outlined within this document. We respectfully request that the $26,265.00 AMP budget be reallocated to partially cover the additional tasks outlined in this document. This reallocation of budget would result in an additional budget request of $55,737.73 to cover the tasks performed through August 4, 2022, and the estimated additional tasks moving forward. Please let me know if you have any questions or would like to discuss any of the above in more detail. We look forward to your timely response. Respectfully, Jason Todaro Solid Waste Operations Consultant III. (SA02 – For changes greater than $25,000) August 2022 ENGINEERING DEPARTMENT SUPPLEMENTAL AGREEMENT Augusta Richmond County Project Number(s): 541-044210 – 5212115 Supplemental Agreement Number: 1 Purchase Order Number: P423293 WHEREAS, We, Blue Ridge Services, Inc., entered into a contract with Augusta-Richmond County on December 23, 2021, for the Deans Bridge Road Solid Waste Facility for the Waste Management Operations-Operational Regulatory Deficiencies and Violations Operation Improvements Project referenced 541-044210-5212115 and WHEREAS, certain revisions to the design requested by Augusta-Richmond County are not covered by the scope of the original contract, we desire to submit the following Supplemental Agreement to-wit: Deans Bridge Road LF- Comprehensive Operational Review and Operation Supporting Services-Supplemental Work It is agreed that as a result of the above described modifications the contract amount is increased by $82,002.73 from $158,104.00 to a new total of $240,106.73. Any modifications to submittal dates shall be as identified in the attached proposal. This agreement in no way modifies or changes the original contract of which it becomes a part, except as specifically stated herein. NOW, THEREFORE, We, Blue Ridge Services, Inc, Consultant, hereby agree to said Supplemental Agreement consisting of the above-mentioned item, and agree that this Supplemental Agreement is hereby made a part of the original contract to be performed under the specifications thereof, and that the original contract is in full force and effect, except insofar as it might be modified by this Supplemental Agreement. RECOMMEND FOR APPROVAL: CITY OF AUGUSTA-RICHMOND COUNTY Blue Ridge Services, Inc AUGUSTA, GEORGIA Honorable Hardie Davis, Mayor Approved Date: Approved: Date: [ATTACHED CORPORATE SEAL] ATTEST: ATTEST: Title: Title: (SA02 – For changes greater than $25,000) August 2022 ENGINEERING DEPARTMENT SUPPLEMENTAL AGREEMENT Augusta Richmond County Project Number(s): 541-044210 – 5212115 Supplemental Agreement Number: 1 Purchase Order Number: P423293 WHEREAS, We, Blue Ridge Services, Inc., entered into a contract with Augusta-Richmond County on December 23, 2021, for the Deans Bridge Road Solid Waste Facility for the Waste Management Operations-Operational Regulatory Deficiencies and Violations Operation Improvements Project referenced 541-044210-5212115 and WHEREAS, certain revisions to the design requested by Augusta-Richmond County are not covered by the scope of the original contract, we desire to submit the following Supplemental Agreement to-wit: Deans Bridge Road LF- Comprehensive Operational Review and Operation Supporting Services-Supplemental Work It is agreed that as a result of the above described modifications the contract amount is increased by $82,002.73 from $158,104.00 to a new total of $240,106.73. Any modifications to submittal dates shall be as identified in the attached proposal. This agreement in no way modifies or changes the original contract of which it becomes a part, except as specifically stated herein. NOW, THEREFORE, We, Blue Ridge Services, Inc, Consultant, hereby agree to said Supplemental Agreement consisting of the above-mentioned item, and agree that this Supplemental Agreement is hereby made a part of the original contract to be performed under the specifications thereof, and that the original contract is in full force and effect, except insofar as it might be modified by this Supplemental Agreement. RECOMMEND FOR APPROVAL: CITY OF AUGUSTA-RICHMOND COUNTY Blue Ridge Services, Inc AUGUSTA, GEORGIA Honorable Hardie Davis, Mayor Approved Date: Approved: Date: [ATTACHED CORPORATE SEAL] ATTEST: ATTEST: Title: Title: Commission Meeting Agenda 9/6/2022 2:00 PM Cost Share Agreement for Sanitary Sewer Upsizing from 8” to 12” diameter pipe through segments of the Captain’s Corner Subdivision with JEN-PCS, LLC. And Augusta Utilities Department. Department:Augusta Utilities Department Department:Augusta Utilities Department Caption:Motion to approve a cost sharing agreement between Augusta Utilities Department and JEN-PCS, LLC for the up-sizing of gravity sanitary sewer main from 8” pipe to 12” pipe in the amount of $71,684.43.(Approved by Engineering Services Committee August 30, 2022) Background:JEN-PCS, LLC developed a large tract of land for the purpose of a new subdivision in the western portion of the county. Due to the development and the location of the development Augusta Utilities can benefit by increasing pipe size whereby the system will be better equip to handle not only the sanitary sewer of this development but future developments by increasing the pipe size to allow greater capacity. 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:10.0pt; mso-para-margin-left:0in; line-height:115%; 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 Utilities Department agrees that the 3,691 linear feet of sanitary sewer main cost difference between an 8” sewer main and 12” sewer main fee of $71,684.43 is fair and reasonable. Financial Impact:Funding in the amount of $71,684.43 is available from accounts: 507043420-5425210/ 82200070-5425210 Alternatives:No alternatives are recommended. Recommendation:Augusta Utilities Department recommends the Commission approve the Cost Share Agreement between JEN-PCS, LLC and Augusta in the amount of $71,684.43 for the up-sizing of sanitary sewer from 8” to 12” diameter pipe in the Captain’s Corner Subdivision. Cover Memo Funds are Available in the Following Accounts: Funds are available in the following accounts: 507043420-5425210/ 82200070-5425210 REVIEWED AND APPROVED BY: Cover Memo STATE OF GEORGIA) COUNTY OF RICHMOND) COST SHARING AGREEMENT THIS Agreement, made the ____ day of _____________, 2022, by and between JEN-PCS, LLC, a Georgia limited liability corporation, hereinafter referred to as “JEN- PCS”, and AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, by and through its Utilities Department, hereinafter referred to as “AUGUSTA”: WITNESSETH WHEREAS JEN-PCS owns certain property (hereinafter referred to as the “PROPERTY”) described as: ALL that tract or parcel of land, with improvements thereon, situate, lying and being in the State of Georgia, Counties of Richmond and Columbia, being known as “Parcel “B” 612,069 sq. ft. 14.05 acres” as shown on a plat prepared for MCK&D, LLC by James G. Swift & Associates under date of August 13, 2020, a copy of which is recorded in the Office of the Clerk of Superior Court of Richmond County, Georgia in Plat Book 14, Page 193, and in the Office of the Clerk of Superior Court of Columbia County, Georgia in Plat Book E2020, Page 228; reference is hereby made to said plat for a more complete and accurate description as to the metes, bounds and location of said property. WHEREAS JEN-PCS wishes to develop the PROPERTY and wishes to construct a sanitary sewer extension (hereinafter referred to as the “EXTENSION) and to connect into the public sanitary sewer system (hereinafter referred to as the “SEWER”) of AUGUSTA; and WHEREAS a connection point to said SEWER is not readily available to the PROPERTY; and WHEREAS, AUGUSTA has requested the Developer construct a 12-inch sanitary sewer main rather than an 8-inch sanitary sewer main, which is the minimum size required to meet the JEN-PCS’ needs; and WHEREAS, JEN-PCS’ engineer has demonstrated that a 12-inch sanitary sewer main is not required to meet the needs of the development, however, it has been determined by AUGUSTA that a 12-inch main is needed to meet the needs of AUGUSTA in this area and will benefit this development and surrounding area; and WHEREAS, JEN-PCS has contracted with a professional engineer to prepare the design plans, contract documents and detailed specifications for the design of the 12- inch sanitary sewer main, as well as cost estimates for the construction; and WHEREAS, the plans have been reviewed by AUGUSTA, and AUGUSTA concurs with the JEN-PCS’ cost estimates. NOW THEREFORE, JEN-PCS and AUGUSTA hereby enter into the following agreement: A. PROJECT SCOPE AND ESTIMATED COST: The project consists of increasing 3,691.59 linear feet of eight inch (8”) PVC pipeline to twelve-inch (12”) PVC pipeline, which JEN-PCS agrees to construct as shown on Exhibit A. AUGUSTA agrees to pay the difference in costs that are a direct result of the increase in size from an 8-inch PVC pipeline to a 12-inch PVC pipeline, of the EXTENSION. The estimated cost to AUGUSTA, for this increase to the EXTENSION, is $71,684.43 as shown on Exhibit B. B. STIPULATIONS: All parties understand and agree that: 1. JEN-PCS shall conduct a competitive bid, for the construction of said EXTENSION, which shall adhere to the guidelines of the Augusta-Richmond County Procurement Department. 2. The above stated estimated costs include any and all costs associated with this project, including, but not limited to surveying, engineering, plats, clearing and grubbing, construction, materials, acquisition and restoration. 3. The EXTENSION shall be constructed consistent with the applicable AUD (Augusta Utilities Department), Georgia Plumbing codes and any other standards, regulations and requirements pertinent to water pipelines. 4. The EXTENSION must pass all required and recommended testing. AUD may, but is not obligated to, monitor the construction of the EXTENSION. 5. If the EXTENSION passes all required testing, it shall be dedicated to AUGUSTA, at no further cost, whatsoever. 6. Any and all estimated cost overruns must have prior written approval of AUGUSTA, through its Utilities Department (AUD). 7. If it is discovered that any easements will be needed, in conjunction with this EXTENSION, said easements shall be obtained by JEN-PCS and donated/dedicated to AUGUSTA. C. DEDICATION OF PIPELINES AND EASEMENT(S): As stated in B.4 and B.6 above, any and all easements obtained by any party and used for the EXTENSION shall be donated, and the pipelines dedicated, to AUGUSTA. This donation and dedication will be done upon the final approval and acceptance of the EXTENSION by AUD. The documents for the donation and dedication will be prepared by AUD and presented to JEN-PCS, for execution. It is explicitly understood, and agreed, by all parties, that upon the donation and dedication of the EXTENSION, any rights, or permissions, given to any party other than AUGUSTA will cease to exist, and that no connections, or any other act that would cause any party, other than AUGUSTA, to access the EXTENSION, shall be prohibited unless permitted, in writing, by AUGUSTA. D. PAYMENT: Upon the completion of said EXTENSION, AUD will perform a final inspection to determine that the EXTENSION has been constructed to all applicable Standards, Specifications and Codes, and that said EXTENSION has passed all required and recommended testing. If AUD determines that said EXTENSION is acceptable to AUGUSTA, a final inspection report will be forwarded to JEN-PCS and JEN-PCS will send an itemized invoice to AUD. Payment to JEN-PCS will be made within thirty (30) days of the receipt of the itemized invoice by AUD. For payment to be made to JEN-PCS, JEN-PCS must provide AUD with its e- verify number, and any other information AUD may request, in order to process said payment. The terms “JEN-PCS” and "AUGUSTA" as used herein shall be deemed to mean their respective heirs, successors and assigns, and this Agreement shall inure to the benefit of and be binding upon JEN-PCS and AUGUSTA and their respective heirs, successors and assigns. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and their seals on the day and year above first written. Signed, sealed and delivered in the presence of: JEN-PCS, LLC. _________________________________ By: ___________________________________ WITNESS _________________________________ As Its: ________________________ NOTARY PUBLIC ________ County, __________ My Commission Expires: _______________ AUGUSTA, GEORGIA _________________________________ By: ______________________________________ WITNESS Hardie Davis, Jr. As Its: ____Mayor_____ _________________________________ NOTARY PUBLIC _____________ County, State of ___________ My Commission Expires: _____________ Attest: [NOTARY SEAL] By: ______________________________ As Its: ________________________________ (SEAL) EXHIBIT B Up Charge/Unit Quantity Unit Total Up Charge 8" to 12" PVC Upsize charge $11.18 3,691.59         LF $41,271.98 8"X6" to 12"X6" Service Tee  $185.60 47.00               EACH $8,723.20 Rock For Bedding ‐ Additional Rock Per LF $4.25 3,691.59       LF $15,689.26 Manhole ‐ 8" coring and boots upsized to 12" $200.00 30.00               EACH $6,000.00 $71,684.43Upsize Cost Share Total  Captains Corner Sewer Oversize Cost to Augusta Commission Meeting Agenda 9/6/2022 2:00 PM Deans Bridge Road Solid Waste Facility Operations Operational Regulatory Compliance Requirements Phase 3 Design & Operation Compliance Site Restoration & Other Erosion Repairs - Supplemental Work Engineering RFP 19-241 Department:Engineering Department:Engineering Caption:Motion to approve Supplemental Agreement Three for Infrastructure Systems Management, LLC (ISM) in the amount of $351,502.50 for Deans Bridge Road Landfill Phase 3 Site Improvements & stabilization and Erosion Management services. RFP 19-241 / Requested by AE&ESD (Approved by Engineering Services Committee August 30, 2022) Background:ISM is assisting Solid Waste Phase 3 Operations (Facility) in resolving its Design & Operation deficiencies and violations cited in Georgia Environmental Protection Division (EPD). Widespread erosion, sediment build up in storm conveyance system, Best Management Control Measures (BMPs) failure noted at Phase3 area is cited violations. ISM is engaged in field engineering services for Phase 3 site restoration. Such efforts are showing Facility site conditions improvements and continuity of such services is critical to prepare the facility for regulatory compliance visit by EPD later this year. ISM is presently under contract for Field Engineering and Design and has resources and ability to complete this supplemental work in the given time schedule. Analysis:ISM is providing professional services for the facility site restoration and misc. regulatory compliance field engineering activities. ISM has the needed professional specialized resources and ability to get this supplemental work completed too. Timely subject repairs and site restoration is critical to avoid regulatory citations and to also minimize costly future repairs. It is the cost effective way to maintain Facility Site conditions. Financial Impact:Funds in amount of $351,502.50 are available in landfill operations funds (Account #541-044210-5319150). Alternatives:1). No Alternate proposed Recommendation:Approve Supplemental Agreement Three for Infrastructure Systems Management, LLC (ISM) in the amount of $351,502.50 for Deans Bridge Road Landfill Phase 3 Site Improvements & stabilization and Erosion Management services. RFP 19-241 / Requested by AE &ESD Cover Memo Funds are Available in the Following Accounts: ($351,502.50) 541-044210-5319150 - Landfill Operations Funds REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 9/6/2022 2:00 PM East Augusta Roadway and Drainage Improvements - SA#4 - Brunswick Ave. & Azalea Street Phase CEI Services RFQ 06-202 File Reference: 22-014(A) Department:Engineering Department:Engineering Caption:Motion to approve funding for Design Consultant Services Supplemental Agreement #4 to Benesch (formerly WR Toole Engineers) in the amount of $33,160 for the East Augusta Roadway & Drainage Improvement Project-Brunswick Ave. & Azalea Street Phase Construction Phase Services (CEI). Requested by the Augusta Engineering. RFQ 06-202 (Approved by Engineering Services Committee August 30, 2022) Background:On March 17, 2009, Augusta Commission approved award of design phases of the project to WR Toole Engineers (presently Benesch). On November 16, 2021, Augusta Commission funding for the East Augusta Street and Drainage Improvements Project- Brunswick Ave. & Azalea Street Phase (Phase III) and awarded contract to Reeves Construction. Construction Phase of roadway and drainage improvements require design related coordination with utilities, resolution of constructability conflicts, review of contractor construction documents submittals, and request for field information (CEI) that warrants design engineer services Analysis:In 2009, commission approved award of design phases of the project to Benesch. The project is now under construction. This supplemental agreement covers services during construction phase for contractor request for field information, utility conflicts assessment & resolution, field engineering, and attending construction progress meetings. Financial Impact:Funds in amount of $33,160 are available in Stormwater Utility funds. Alternatives:Do not approve and find alternative to perform CEI services. Recommendation:Approve funding for Design Consultant Services Supplemental Agreement to Benesch (formerly WR Toole Engineers) in the amount of $33,160 for the East Augusta Roadway & Drainage Improvement Project-Brunswick Ave. & Azalea Street Phase Construction Phase Services (CEI). Requested by the Augusta Engineering. RFQ 06-202. Funds are Available in the Following Accounts: ($33,160) 581-044320-5211120 - Stormwater Utility Funds Cover Memo REVIEWED AND APPROVED BY: Cover Memo Alfred Benesch & Company 1005 Broad Street, Suite 200 Augusta, GA 30901 www.benesch.com P 706-722-4114 F 706-722-6219 October 13, 2020 Augusta Engineering Department Attention: Anthony Taylor 452 Walker St., Suite 110 Augusta, Georgia 30901 Reference: East Augusta Phase III Engineering and Construction Support Proposal for Engineering and Construction Support Services (BEN #P2119053) Dear Mr. Taylor: Benesch appreciates this opportunity to present a request for supplement fees to provide professional engineering services during the pre-construction and construction phase of the East Augusta Phase III - Brunswick Avenue and Azealia Street Drainage Improvements project. As discussed in our conversation on September 29th, 2020, we were requested to provide engineering services through construction of the East Augusta Phase III project as we did during the East Augusta Phase VIII- Marion Homes Drainage Improvement project. The following briefly outlines our scope of services to provide field engineering and construction support services associated for the East Augusta Phase III – Brunswick Ave. & Azealia Street Drainage Improvements Project. A man hour sheet is also attached. Construction Support Services Pre-Construction · Review material submittals for compliance with design standards. Field Engineering · Through construction of the Brunswick Ave. & Azealia Street Project we will respond to requests for information, identify potential conflicts, and address any outstanding project items. Additionally, as requested, we will provide field engineering services to address conflict resolution and design modifications. Time commitments for construction support services are based upon the following: o 45 weekly construction meetings and miscellaneous inspections o Project Manager (2 hrs. / week) o Construction Inspector (4 hrs. / week) Erosion Control Measures Inspections · Complete inspections of the erosion control measures per the NPDES permit requirements. o Inspection of final stabilization of permanent grassing. Time Frame & Schedule We understand that the East Augusta Phase III project is scheduled to go to bid this fall. We will be available to provide construction support services upon notice to proceed with the awarded contractor and be available throughout closeout of the project. Completion of Services & Additional Services We respectfully propose to work on an hourly rate basis against the following not to exceed fee lump sum. The lump sum fees are proposed given the assumed scope of work and professional time commitments noted above. We will not provide services exceeding this amount without written authorization from the Augusta Engineering Department. Monthly invoices will include a detailed breakdown of all time dedicated to the project. · Total Engineering and Construction Support Services $ 33,160.00 The proposed scope of work excludes the following services. Should these or other professional services be required, Benesch will respectfully provide a supplemental proposal based on a mutually established scope of work. · Environmental Site Assessments / Environmental Permitting (NEPA, etc.) · NPDES Stormwater Sampling and Testing · Construction Materials Testing Again, thank you for this opportunity to submit a request for supplemental fees. Should you have any questions, please do not hesitate to contact our office. Sincerely, Alfred Benesch & Company Victor Conover, P.E., C.F.M. Project Manager Attachments: Man-hour/Fee Estimate (1 Pages) 10/13/2020 Augusta, Georgia Augusta Engineering Department East Augusta Phase III Engineering and Construction Support P2019015 Item/ Task Description Pr i n c i p a l - I n - C h a r g e Sr . P r o j e c t M a n a g e r Pr o j e c t M a n a g e r Se n i o r D e s i g n e r De s i g n e r CA D D e s i g n e r Ad m i n To t a l Engineering and Construction Support Construction Services Material Submittal Review 4 8 12 Construction Support - Conflict Design Management (Assume 45 Weeks)90 180 270 Final Stabilization Inspection 8 8 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Total 0 0 102 0 188 0 0 290 Personnel Est. Hours Rate/Hour Cost ($) Totals Division Manager 0 $235.00 $0.00 Sr. Project Manager 0 $195.00 $0.00 Project Manager 102 $150.00 $15,300.00 Senior Designer 0 $105.00 $0.00 Designer 188 $95.00 $17,860.00 CAD Designer 0 $75.00 $0.00 Admin 0 $55.00 $0.00 Total per Rate Schedule $33,160.00 $33,160.00 Subconsultant Costs Number Rate Est. Cost ($) Total Subconsultant Costs $0.00 Total Proposed Fees $33,160.00 Date: Project Location: Benesch Proposal #: Owner: Project Name: AUGUSTA-RICHMOND COUNTY AUGUSTA ENGINEERING AND ENVIRONMENTAL SERVICES DEPARTMENT SUPPLEMENTAL AGREEMENT (SA04 – For changes greater than $25,000) August 2022 WHEREAS, We, Alfred Benesch & Company (formerly W. R. Toole Engineers), entered into a contract with Augusta-Richmond County on March 17, 2009, for Engineering Design Services for East Augusta Roadway & Drainage Improvement Project, File Reference No. 09-014 (A), and WHEREAS, certain revisions to the design requested by Augusta-Richmond County are not covered by the scope of the original contract, we desire to submit the following Supplemental Agreement to-wit: East Augusta Phase III Engineering and Construction Support Services It is agreed that as a result of the above described modification the contract amount is increased by $33,160.00 from $1,115,707.00 to a new total of $1,148,867.00. Any modifications to submittal dates shall be as identified in the attached proposal. This agreement in no way modifies or changes the original contract of which it becomes a part, except as specifically stated herein. NOW, THEREFORE, We, Alfred Benesch & Company (formerly W. R. Toole Engineers), hereby agree to said Supplemental Agreement consisting of the above mentioned items and prices, and agree that this Supplemental Agreement is hereby made a part of the original contract to be performed under the specifications thereof, and that the original contract is in full force and effect, except insofar as it might be modified by this Supplemental Agreement. This _________ day of _____________, 2022. RECOMMEND FOR APPROVAL: CITY OF AUGUSTA-RICHMOND COUNTY ALFRED BENESCH & COMPANY (formerly AUGUSTA, GEORGIA W. R. TOOLE ENGINEERS, INC.), Mayor Hardie Davis, Jr. Approved: Date Approved: Date [ATTACHED CORPORATE SEAL] ATTEST: ATTEST: Title: ____________________________ Title: ____________________________ Augusta Richmond County Project Number(s): 581-044320-5211120 Supplemental Agreement Number: 4 Purchase Order Number: P163878 Commission Meeting Agenda 9/6/2022 2:00 PM Georgia Power Easements Request Augusta Parcels- Savannah Rapids Pavilion File Reference: 22-014(A) Department:Engineering Department:Engineering Caption:Motion to approve Georgia Power Easements at Augusta Owned Parcels – Savannah Rapids Pavilion. Also authorize Augusta, GA’s Mayor to sign all documentation. This approval is contingent upon receipt of letter agreement from Georgia Power. Requested by the Augusta Engineering. (Approved by Engineering Services Committee August 30, 2022) Background:Augusta, Georgia owns property located on Evans to Locks Road, which is leased to Columbia County, and on which the Savannah Rapids is located. The parking lot at this property has recently been enlarged and Georgia Power is requesting two new easements for extending its service across this parking lot area. Analysis:The easements are for Georgia Power to run electricity (distribution lines) to a building located near the reconstructed parking lot and lighting. Financial Impact:N/A Alternatives:Do not approve. Recommendation:Approve Georgia Power Easements at Augusta Owned Parcels – Savannah Rapids Pavilion. Also authorize Augusta, GA’s Mayor to sign all documentation. This approval is contingent upon receipt of letter agreement from Georgia Power. Requested by the Augusta Engineering. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Cover Memo June 27, 2022 AUGUSTA-RICHMOND COUNTY, GEORGIA 535 Telfair St. Augusta, GA 30901 Enclosed is the easement (the “Easement”) that GEORGIA POWER COMPANY (“GPC”) needs to acquire along property owned by AUGUSTA-RICHMOND COUNTY, GEORGIA (the “Owner”) located in the 125th GMD of Columbia County, Georgia, as more particularly identified on Exhibit “A” attached to the Easement (the “Easement Area”), in connection with the SAVANNAH RAPIDS PAV., MARTINEZ (COLUMBIA COUNTY) - DISTRIBUTION LINE project. Upon written request from the Owner, the Company agrees to relocate its facilities to a mutually agreeable location on another portion of the Property of the Owner, so long as (i) the Owner executes a new easement agreement in connection with the establishment of such new easement area, the form of which easement shall be substantially in the form of this instrument, (ii) the Lessee (Columbia County) pays any and all costs associated with said relocation and any future relocations requested by Columbia County prior to the commencement of the same, and (iii) such relocation(s) does not cause service hardship (defined as a situation that would make the equipment inaccessible, or dangerous for company or contractor personnel to access) for the Company as jointly agreed upon by the Owner and the Company. The Owner acknowledges and agrees that the Company shall not be required to pay any additional compensation for execution by the Owner of the new easement described in the preceding sentence. Upon completion of the relocation of the facilities as contemplated herein, the Company agrees to quitclaim the abandoned portion of the Easement Area to the Owner. The relocation rights described herein shall automatically expire and terminate the first time the Owner transfers the Property encumbered by the Easement Area contemplated herein, or any portion thereof, to a new, non-governmental property owner. This letter is to be presented and surrendered to GPC when exercising this relocation request. Please return the signed, witnessed, and notarized Easement to me at the following address: Georgia Power Company Attn: David Bragg, Land Dept. 1122 Grimm Ave. Millen, Georgia 30442 I will continue to be available to answer any questions you may have concerning the Easement or the construction of the distribution lines described therein. If you have questions, please call me at 706-360-8695. Sincerely, David Bragg Land Acquisition Agent Georgia Power Company Authorized: ____________________________________ Zachary Bartlett Project Engineer – Georgia Power Company ____________________________________ Scott Johnson Manager – Columbia County Combination Easement (LIMS 2) 2017.08.15 Page 1 of 3 After recording, return to: Georgia Power Company Attn: Land Acquisition (Recording) 241 Ralph McGill Blvd NE Bin 10151 Atlanta, GA 30308-3374 PROJECT 2021120133 LETTER FILE DEED FILE MAP FILE ACCOUNT NUMBER 10575689-GPC9596-VBS-15 NAME OF LINE/PROJECT: SAVANNAH RAPIDS PAV., MARTINEZ (COLUMBIA COUNTY) - DISTRIBUTION LINE PARCEL NUMBER 001 STATE OF GEORGIA COLUMBIA COUNTY E A S E M E N T For and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, in hand paid by GEORGIA POWER COMPANY, a Georgia corporation (the “Company”), the receipt and sufficiency of which are hereby acknowledged, AUGUSTA-RICHMOND COUNTY, GEORGIA (the “CITY”, which term shall include heirs, successors and/or assigns), whose mailing Address is 535 Telfair St., Augusta, GA 30901, does hereby grant and convey to the Company, its successors and assigns, the non-exclusive right, privilege and easement to go in, upon, along, across, under and through the Property (as defined below) for the purposes described herein. The “Property” is defined as that certain tract of land owned by the Undersigned at 3300 EVANS TO LOCKS RD, MARTINEZ, GA 30907 (Tax Parcel ID No. 084 005) in the 125 GMD (Georgia Militia District) of Columbia County, Georgia. The “Easement Area” is defined as any portion of the Property located (a) within fifteen (15) feet of the centerline of the overhead distribution line(s) as installed in the approximate location(s) shown on “Exhibit A” attached hereto and made a part hereof, (b) within ten (10) feet of the centerline of the underground distribution line(s) as installed in the approximate location(s) shown on “Exhibit A,” and (c) within ten (10) feet from each side of any related above-ground equipment and facilities, including without limitation cubicles, transformers and service pedestals, as installed in the approximate location(s) shown in “Exhibit A.” Collectively aforementioned (a), (b), and (c) called “Facilities.” The rights granted herein include and embrace the right of the Company to construct, operate, maintain, repair, renew and rebuild continuously upon and PARCEL 001 NAME OF LINE/PROJECT: SAVANNAH RAPIDS PAV., MARTINEZ (COLUMBIA COUNTY) - DISTRIBUTION LINE Combination Easement (LIMS 2) 2017.08.15 Page 2 of 3 under the Easement Area its lines for transmitting electric current with poles, wires, transformers, service pedestals, anchors, guy wires and other necessary apparatus, fixtures, and appliances; the right to attach communication facilities and related apparatus, fixtures, and appliances to said poles; the right to stretch communication or other lines within the Easement Area; the right to permit the attachment of the cables, lines, wires, apparatus, fixtures, and appliances of any other company or person to said poles for electrical, communication or other purposes; the right to assign this Easement in whole or in part; the right at all times to enter upon the Easement Area for the purpose of inspecting said lines and/or making repairs, renewals, alterations and extensions thereon, thereunder, thereto or therefrom; the right to cut, trim, remove, clear and keep clear of said overhead or underground lines, transformers, fixtures, and appliances all trees and other obstructions that may in the opinion of the Company now or hereafter in any way interfere or be likely to interfere with the proper maintenance and operation of said overhead or underground lines, transformers, fixtures, and appliances; the right of ingress and egress over the Property to and from the Easement Area; and the right to install and maintain electrical and communication lines and facilities to existing and future structure(s) within the Easement Area under the easement terms provided herein. Any timber cut on the Easement Area by or for the Company shall remain the property of the owner of said timber. The CITY does not convey any land, but merely grants the non-exclusive rights, privileges and easements hereinbefore set out. The Company and the Undersigned agree that the rights granted in this Combination Easement expressly are and shall remain subject to and limited by the terms and conditions in the letter agreement dated June 27, 2022 from Georgia Power Company to Augusta-Richmond County, Georgia and said letter agreement is not merged into, extinguished by, or otherwise limited in any way by the undersigned’s grant herein. Neither the Owner nor the Company shall be liable for or bound by any statement, agreement or understanding not herein expressed. [Signature(s) on Following Page(s)] PARCEL 001 NAME OF LINE/PROJECT: SAVANNAH RAPIDS PAV., MARTINEZ (COLUMBIA COUNTY) - DISTRIBUTION LINE Combination Easement (LIMS 2) 2017.08.15 Page 3 of 3 IN WITNESS WHEREOF, the Undersigned has/have hereunto set his/her/their hand(s) and seal(s), this day of , . Signed, sealed and delivered in the presence of: Witness Notary Public AUGUSTA-RICHMOND COUNTY By: (SEAL) Name: HARDIE DAVIS, JR. Title: MAYOR Attest: (SEAL) Name: Title: [CORPORATE SEAL] Underground (LIMS 2) 2017.08.17 Page 1 of 3 After recording, return to: Georgia Power Company Attn: Land Acquisition (Recording) 241 Ralph McGill Blvd NE Bin 10151 Atlanta, GA 30308-3374 PROJECT 2021120133 LETTER FILE DEED FILE MAP FILE ACCOUNT NUMBER 10575689-GPC9596-VBS-15 NAME OF LINE/PROJECT: SAVANNAH RAPIDS PAV., MARTINEZ (COLUMBIA COUNTY) - DISTRIBUTION LINE PARCEL NUMBER 002 STATE OF GEORGIA COLUMBIA COUNTY U N D E R G R O U N D E A S E M E N T For and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, in hand paid by GEORGIA POWER COMPANY, a Georgia corporation (the “Company”), the receipt and sufficiency of which are hereby acknowledged, AUGUSTA-RICHMOND COUNTY, GEORGIA (the “CITY”, which term shall include heirs, successors and/or assigns), whose mailing Address is 535 Telfair St., Augusta, GA 30901, does hereby grant and convey to the Company, its successors and assigns, the non-exclusive right, privilege and easement to go in, upon, along, across, under and through the Property (as defined below) for the purposes described herein. The “Property” is defined as that certain tract of land owned by the Undersigned at 0 EVANS TO LOCKS RD, MARTINEZ, GA 30907 (Tax Parcel ID No. 084 043) in the 125 GMD (Georgia Militia District) of Columbia County, Georgia. The “Easement Area” is defined as any portion of the Property located (a) within ten (10) feet of the centerline of the underground distribution line(s) as installed in the approximate location(s)shown on “Exhibit A” attached hereto and made a part hereof, and (b) within ten (10) feet from each side of any related above-ground equipment and facilities, including without limitations cubicles, transformers and service pedestals, as installed in the approximate location(s) shown in “Exhibit A”. Collectively aforementioned (a), (b), and (c) called “Facilities.” The rights granted herein include and embrace the right of the Company to construct, operate, maintain, repair, renew and rebuild continuously upon and under the Easement Area its lines for transmitting electric current with wires, PARCEL 002 NAME OF LINE/PROJECT: SAVANNAH RAPIDS PAV., MARTINEZ (COLUMBIA COUNTY) - DISTRIBUTION LINE Underground (LIMS 2) 2017.08.17 Page 2 of 3 transformers, service pedestals, manholes, conduits, cables and other necessary apparatus, fixtures and appliances; the right to stretch communication or other lines of any other company or person under the Easement Area; the right to assign this Underground Easement in whole or in part; the right at all times to enter upon the Easement Area for the purpose of inspecting said lines and/or making repairs, renewals, alterations and extensions thereon, thereunder, thereto or therefrom; the right to cut, trim, remove, clear and keep clear of said underground lines, transformers, fixtures, and appliances all trees and other obstructions that may in the opinion of the Company now or hereafter in any way interfere or be likely to interfere with the proper maintenance and operation of said underground lines, transformers, fixtures, and appliances; the right of ingress and egress over the Property to and from the Easement Area; and the right to install and maintain electrical and communication lines and facilities to existing and future structure(s) within the Easement Area under the easement terms provided herein. Any timber cut on the Easement Area by or for the Company shall remain the property of the owner of said timber. The CITY does not convey any land, but merely grants the non-exclusive rights, privileges and easements hereinbefore set out. The Company and the Undersigned agree that the rights granted in this Combination Easement expressly are and shall remain subject to and limited by the terms and conditions in the letter agreement dated June 27, 2022 from Georgia Power Company to Augusta-Richmond County, Georgia and said letter agreement is not merged into, extinguished by, or otherwise limited in any way by the undersigned’s grant herein. Neither the Owner nor the Company shall be liable for or bound by any statement, agreement or understanding not herein expressed. [Signature(s) on Following Page(s)] PARCEL 002 NAME OF LINE/PROJECT: SAVANNAH RAPIDS PAV., MARTINEZ (COLUMBIA COUNTY) - DISTRIBUTION LINE Underground (LIMS 2) 2017.08.17 Page 3 of 3 IN WITNESS WHEREOF, the Undersigned has/have hereunto set his/her/their hand(s) and seal(s), this day of , . Signed, sealed and delivered in the presence of: Witness Notary Public AUGUSTA-RICHMOND COUNTY, GEORGIA By: (SEAL) Name: HARDIE DAVIS, JR. Title: MAYOR Attest: (SEAL) Name: Title: [CORPORATE SEAL] Commission Meeting Agenda 9/6/2022 2:00 PM Landfill Compactor Purchase Bid 22-190 Department:Engineering Department:Engineering Caption:Motion to approve award of Bid to Yancy Brothers in the amount of $1,477,101.00 for Landfill Compactor Purchase. Bid 22-190 / Requested by AE&ESD (Approved by Engineering Services Committee August 30, 2022) Background:One of the regulatory permit requirements of Deans Bridge Road l Landfill (DBRLF) operations is proper placement and compaction of the garbage. The equipment used to achieve this is a landfill compactor, and is vital to the safe and compliant operation of the landfill. DBRLF operations is a daily eleven-hour waste intake operation and current equipment is aging and frequently down for maintenance. In this period of time, parts for the machines are very difficult to locate and have a high lead-time. Also, current supply chain delays and skilled labor shortages are causing delayed repairs. Without the operating compactors, the landfill operations compliance becomes difficult. Analysis:Bids were received on March 31, 2022 with Yancey Brothers being the qualified responsible bidder. There were three responsive bidders to Bid Item 22-190. These firms are C&C Manufacturing LLC, Yancey Brothers, and Flint Equipment Company. Upon careful considerations and analysis of submitted equipment specific information and associated exceptions, it is determined that Yancy Brothers submitted the most qualified responsible bid. It is the recommendation of the Engineering & Environmental Services Department to award this project to Yancy Brothers. Financial Impact:Funds in amount of $1,477,101.00 are available in Environmental Services Operation FY2022 budget (541044210/5422510). Alternatives:Cancel Bid and find alternate options for purchasing this equipment. Recommendation:Approve award of Bid to Yancy Brothers in the amount of $1,477,101.00 for Landfill Compactor Purchase. Bid 22-190 / Requested by AE&ESD. Funds are Available in the Following Accounts: ($1,477,101) - 541044210-5422510 Sold Waste Funds Cover Memo REVIEWED AND APPROVED BY: Cover Memo OFFICIAL / 17.";'.~ Bid Opening -Bid Item #22-190 Landfill Compactor for Augusta, GA -Environmental Services Department Bid Due: Thursday, March 31, 2022 @ 11:00 a.m. Total Number Specifications Mailed Out: 16 Total Number Specifications Download (Demandstar): 6 Total Electronic Notifications (Demandstar): 81 Georgia Procurement Registry: 257 Total packages submitted: 3 Total Non-Compliant: O C&C Manufacturing LLC Yancey Brothers Flint Equipment Company VENDORS 15075 Aljon Ave 4165 Mike Padgett Hwy 1900 William Few Parkway Ottumwa, IA 52501 Augusta, GA 30906 Grovetown, GA 30813 Attachment B Yes Yes Yes E-Verify Number 1452339 146813 344722 SAVE Form Yes Yes Yes BIDDER OFFER YEAR 2022 2022 2022 MAKE Al-Jon Caterpillar Tana MODEL ADV600 836K 520 BID PRICE $1,349 ,000.00 $1,477,101.00 $1,440,145.00 APPROXIMATE Nov-Dec 2022 360 Days 60-120 Days DELIVERY TIME Page 1of 1 Invitation to Bid Sealed bids will be received at this office until Thursday, March 31, 2022 @ 11:00 a.m. via ZOOM Meeting ID: 876 7089 9656; Passcode: 706285 for furnishing: Bid Item #22-190 Landfill Compactor for Augusta, GA – Environmental Service Department Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department (706-821-2422). All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, March 18, 2022 @ 5:00 P.M. No bid will be accepted by fax or email, all must be received by mail or hand delivered. No bids may be withdrawn for a period of ninety (90) days after bids have been opened, pending the execution of contract with the successful bidder. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. 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. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle February 24, 2022 and March 3, 10, 17, 2022 Metro Courier February 24, 2022 OFFICIAL VENDORS C&C Manufacturing LLC 15075 Aljon Ave Ottumwa, IA 52501 Yancey Brothers 4165 Mike Padgett Hwy Augusta, GA 30906 Flint Equipment Company 1900 William Few Parkway Grovetown, GA 30813 Attachment B Yes Yes Yes E-Verify Number 1452339 146813 344722 SAVE Form Yes Yes Yes YEAR 2022 2022 2022 MAKE Al-Jon Caterpillar Tana MODEL ADV600 836K 520 BID PRICE $1,349,000.00 $1,477,101.00 $1,440,145.00 APPROXIMATE DELIVERY TIME Nov-Dec 2022 360 Days 60-120 Days Total Number Specifications Mailed Out: 16 Total Number Specifications Download (Demandstar): 6 Total Electronic Notifications (Demandstar): 81 Georgia Procurement Registry: 257 Total packages submitted: 3 Total Non-Compliant: 0 Bid Opening - Bid Item #22-190 Landfill Compactor for Augusta, GA -Environmental Services Department Bid Due: Thursday, March 31, 2022 @ 11:00 a.m. BIDDER OFFER Page 1 of 1 Commission Meeting Agenda 9/6/2022 2:00 PM Section 319(h) FY21 Grant-Element 12 Phase 2 Biota Implementation in an Urban Stream through Aquatic Habitat Restoration File Reference: 22 – 014(A) Department:Engineering Department:Engineering Caption:Motion to approve and Authorize the Engineering & Environmental Services Department (AE&ESD) to Accept and Receive Federal Financial Assistance through Section 319(h) Nonpoint Source Implication Grant Program for Phase 2 Biota improvement in Urban Stream. Also grant authorization permitting Augusta, GA’s Mayor to sign all documentation requested by AE&ESD. (Approved by Engineering Services Committee August 30, 2022) Background:The Clean Water Act Section 319(h) Water Quality grant funds support activities to identify and implement projects for reduction of prioritized risks and concerns in the community such as source assessment and control of pollutant of interest load within state listed impaired water bodies. During 2016, Augusta Engineering Department in partnering with Phinizy Center for Water Sciences (PCWS) received two (2) separate Section 319(h) grant federal funds for various activities associated with surface water quality improvement program. Biota grant targeted activities include restoring healthy macroinvertebrate and fish through instream aquatic habitat restoration practices. As a team, AED and PCWS staff worked to install and manage various management features. Phase 2 will continue the project. Analysis:On March 7, 2017 Augusta Commission authorized acceptance of Phase one of this grant (Section 319(h) FY2016). Phase 2 is continuity of inprogress activities and completion of certain tasks that delayed due to Covid-19 pandemic. Phase 2 will continue the project based on Project Activities. The BMP installation targets a minimum of 0.25 stream miles (1320 linear feet) along the 6-mile “Headwaters to SR56” reach, with a spacing of approximately one feature every 50-200 ft. Point Bar Formation/Stabilization Structure; Pipe Refugia; Widener/Woody Habitat/Low flow Concentrator; Pool Enhancer; and Cross-Channel Rock Vane BMPs have been evaluated and chosen based on in-stream assessment, project cost, ability to install, and six research/restoration priorities developed by the project team. Financial Impact:By accepting this grant, AED will receive $117,058 in federal funds. AED will provide $50,047 matching non-federal funds i) in-kind, and ii) $61,768 from its stormwater services contractual program. Cover Memo Alternatives:1). Do not approve and identify alternate mechanism for assessment & restoration of impaired waterbodies. Recommendation:Approve and Authorize the Engineering & Environmental Services Department (AE&ESD) to Accept and Receive Federal Financial Assistance through Section 319(h) Nonpoint Source Implication Grant Program for Phase 2 Biota improvement in Urban Stream. Also grant authorization permitting Augusta, GA’s Mayor to sign all documentation. requested by AE&ESD. Funds are Available in the Following Accounts: ($117,058) $50,047 in-kind & $61,768 - 581-044320-5211120 Stormwater Utility Funds REVIEWED AND APPROVED BY: Cover Memo Dr. Hameed Malik, Ph.D., P.E. Director of Engineering Augusta Engineering Department Engineering Administration 452 Walker Street, Suite 110 Augusta, Georgia 30901 RE: Contract Offer for Section 319(h) FY21 Grant - Element 12 Augusta, Georgia (Augusta-Richmond County) “Phase 2 Biota Improvement in an Urban Stream through Aquatic Habitat Restoration” Dear Dr. Malik: Attached to this email is an electronic file of a new contract with Augusta, Georgia (Augusta-Richmond County) for the “Phase 2 Biota Improvement in an Urban Stream through Aquatic Habitat Restoration” project. Please arrange for Mayor Hardie Davis, Jr. to use the SignNow feature in this email (check Junk or Spam folders) to sign and date the contract on the signature page. Also, please confirm the conditions (Yes/No) that apply in the Highly Compensated Officers section of the FFATA Work Sheet. In addition, the E-Verify Contractor Affidavit must be notarized as well as signed, dated, and returned via email before the contract can be fully executed. Once signed and dated, all documents will be returned via SignNow to GAEPD and the attention of your grant administrator, Mary E Gazaway, Nonpoint Source Program Grants Unit. After insertion of electronic signature and date by my office, we will email you an electronic file of the fully executed contract. If you have any questions or concerns regarding the process or the contract, please contact Ms. Gazaway at mary.gazaway@dnr.ga.gov or 470-524- 0556. Regards, Richard E. Dunn Director RED:meg Richard E. Dunn, Director EPD Director’s Office 2 Martin Luther King, Jr. Drive Suite 1456, East Tower Atlanta, Georgia 30334 404-656-4713 August 12, 2022 Page 1 of 11 STATE OF GEORGIA COUNTY OF FULTON CONTRACT BETWEEN THE GEORGIA ENVIRONMENTAL PROTECTION DIVISION (EPD) AND AUGUSTA, GEORGIA (AUGUSTA–RICHMOND COUNTY) FOR PHASE 2 BIOTA IMPROVEMENT IN AN URBAN STREAM THROUGH AQUATIC HABITAT RESTORATION This contract (“Contract”) is made and entered into as of the date of the last signature hereunder (hereinafter called “Effective Date”), by and between the Georgia Environmental Protection Division; (hereinafter called “Division”), and Augusta, Georgia (Augusta-Richmond County) (hereinafter called “Contractor”). The persons executing this Contract on behalf of the Contractor have authority to bind the Contractor to the terms of this Contract. The Director of the Division is authorized by law to execute this Contract. WHEREAS, the Division desires to engage the Contractor to render certain services hereafter described in connection with an undertaking (hereinafter referred to as the “Project”) which will be financed through grants authorized under Section 319 of the Federal Water Pollution Control Act Amendments of l987 and administered by the Division; and WHEREAS, Contractor desires to perform such services for the Project. NOW, THEREFORE, in consideration of the valuable and mutual benefits flowing to each party as described below, the parties hereto mutually agree as follows: 1. Employment of Contractor. The Division hereby agrees to engage the Contractor and the Contractor hereby agrees to perform these services hereinafter as set forth in fulfillment of this Contract. 2. Scope of Work. In performance of the Project, the Contractor shall conduct the work described in the Scope of Work identified in the attached Appendix A, hereby made a part of this Contract by reference. 3. Term; Time of Performance. The term (“Term”) of this Contract shall commence upon the Effective Date and shall terminate upon the earlier of: i) the completion of the tasks identified in Appendix A: Scope of Work; or ii) June 30, 2024 (hereinafter referred to as “Termination Date”), unless sooner terminated by the Division or renewed by the Division in accordance with the provisions of this Contract. The services of the Contractor are to commence as soon as practicable after the Effective Date and shall be undertaken in accordance with the timeline for completion of tasks included in the attached Appendix B: Project Schedule, hereby made a part of this Contract by reference. Page 2 of 11 4. Compensation. Division agrees to pay Contractor compensation for the services performed under this Contract not to exceed One Hundred Seventeen Thousand Fifty-Eight dollars, $117,058.00. Said compensation shall be paid in accordance with the budget described in the Scope of Work. Any changes to the amount of compensation to be provided by the Division to Contractor shall be made in a writing executed in accordance with the terms of Paragraph 23. 5. In Kind Match. The Contractor will contribute a minimum of the equivalent of 40% of the total project cost, in services or cash contributions, toward the performance of services described in Appendix A: Scope of Work. 6. Method of Payment. Division will pay Contractor for work performed under this Contract not to exceed the compensation described in Paragraph 4, and in accordance with the terms described in this Paragraph: a. Payment will only be made for the services described in Appendix A: Scope of Work; and b. Contractor shall be paid quarterly. No later than the 15th day of the month following close of the immediately preceding quarter, Contractor shall submit to the Division contact specified in Paragraph 36 an invoice for services rendered in that immediate preceding quarter, accompanied by a progress report describing the services performed and identifying the related items or tasks in the Scope of Work, specifying that the services have been performed in accordance with this Contract, and accompanied by any documentation, outputs, deliverables, or close-out reports; and c. The Contractor shall certify in writing the accuracy of each invoice. All invoices from the Contractor should show detailed line items referencing the costs of labor, materials, property, equipment, installation, services, incidentals, etc. All invoices should be signed and dated by authorized personnel as evidence of review and approval prior to submission to the Division for reimbursement; and d. The Division will review and approve or deny invoices within 30 days of receipt. Payment shall be made upon determination by the Division that Scope of Work items required by the Contract, including deliverables and reporting requirements of various categories and kinds of information for the period, are sufficient. Any invoice not approved by the Division shall not be paid; and e. Payment of the final 10 percent (%) shall not be due and payable until all Scope of Work items are completed and the Division has accepted and approved the final products, reports, and invoices. 7. Credit. Notwithstanding any other provision of this Contract, the Contractor acknowledges that the Division, as an agency of the State of Georgia, is prohibited from pledging the State’s credit. 8. Funding. The Contractor acknowledges that this Contract is funded with a grant from the U.S. Environmental Protection Agency (“USEPA”). In the event that the Division determines that the source of payment no longer exists or is insufficient with respect to the Services, the Division shall terminate this Contract in accordance with the provisions of Paragraph 13. a. In the event of such termination, the Division shall remain obligated to pay for Services performed and accepted by the Division prior to such termination. All finished or unfinished documents, data, studies, surveys, drawings, maps, models, Page 3 of 11 photographs, and reports prepared by the Contractor under this Contract shall become the property of the Division. Any use of incomplete documents shall be at the sole risk of the Division. The determination of the Division of the events stated above shall be conclusive. b. The Division shall provide notice in writing to Contractor as soon as practicable after the Division determines that the source of payment no longer exists or is insufficient with respect to the services. 9. Fair Share. This Contract is being funded with a grant from the USEPA. It is the policy of the USEPA to ensure to the fullest extent possible that at least a negotiated “Fair Share” percentage of federal funds awarded to prime and subcontractors in support of USEPA programs be made available to Disadvantaged Business Enterprises (“DBE”). a. The Contractor agrees to ensure to the fullest extent possible that at least 4% Minority Business Enterprises (MBE) and 4% Women Business Enterprises (WBE) of federal funds for contracts or subcontracts for supplies, construction, equipment or services are made available to organizations owned or controlled by socially and economically disadvantaged individuals, women and historically black colleges and universities. b. The Contractor agrees to include in its bid documents this 4% “Fair Share” percentage. c. To evaluate compliance with the “Fair Share” policy, the Contractor agrees to comply with the following six affirmative steps as appropriate: i. Including qualified minority and women businesses on solicitation lists; ii. Assuring that minority and women’s businesses are solicited whenever they are potential sources; iii. Dividing total requirements, when economically feasible, into small tasks or quantities to permit maximum participation of minority and women’s businesses; iv. Establishing delivery schedules, where the requirements of the work permit, which will encourage the participation by minority and women’s businesses; v. Using the services and assistance of the U.S. Small Business Administration and the Office of Minority Business Enterprise of the U.S. Department of Commerce; vi. Requiring each party to a subagreement to take the affirmative steps outlined in paragraphs (i) through (ii) of this section. d. The Contractor must submit to the Division a certification that the six steps have been followed, along with documentation of the six steps that is sufficiently detailed to allow for satisfactory review and should document the efforts of solicitation taken such as; the name and address of MBE’s/WBE’s solicited, if advertised in newspaper show proof and indicate name of paper. e. The Contractor is required to submit semiannual reports of total Contract expenditures to the Division, which includes a separate total for MBE/WBE utilization. 10. Taxes. The State is exempt from Federal Excise Taxes, and no payment will be made for any taxes levied on Contractor’s employee’s wages. The Division is exempt from State and Local Sales and Use Taxes on the services. Tax Exemption Certificates will be furnished upon request. Contractor or an authorized subcontractor shall provide the Division with a sworn verification regarding the filing of unemployment taxes or persons assigned by Page 4 of 11 Contractor to perform Services, which verification is incorporated herein by reference. 11. Certification Regarding Sales and Use Tax. By executing the Contract, the Contractor certifies it is either (a) registered with the State Department of Revenue, collects, and remits State sales and use taxes as required by Georgia law, including Chapter 8 of Title 48 of the Georgia Code; or (b) not a “retailer” as defined in O.C.G.A. Section 48-8-2. The Contractor also acknowledges that the Division may declare the Contract void if the above certification is false. The Contractor also understands that fraudulent certification may result in the Division or its representative filing for damages for breach of contract. 12. Termination of Contract for Cause. If, through any cause other than force majeure, the Contractor shall fail to fulfill in a timely and proper manner its obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Contract, the Division shall thereupon have the right to terminate this Contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. a. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Contractor under this Contract shall become the property of the Division, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials in which funds were accrued or encumbered up to the actual date of termination. b. Notwithstanding the above, the Contractor shall not be relieved of liability to the Division for damages sustained by the Division by virtue of any breach of this Contract by the Contractor, and the Division may withhold any payments to the Contractor for the purpose of setoff until such time as the exact amount of damages due the Division from the Contractor is determined. 13. Termination of Contract for Convenience. The Division may terminate this Contract at any time for good reason by giving at least thirty (30) days written notice to the Contractor of such termination and specifying the effective date. a. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Contractor under this Contract shall become the property of the Division, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials in which funds were accrued or encumbered up to the actual date of termination. b. If this Contract is terminated as provided herein, the Contractor will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Contractor covered by this Contract, less payments of compensation previously made. 14. Release of Materials Pursuant to the Georgia Open Records Act. All products, reports, information, data, etc., given to, derived from, prepared by, or assembled by the Contractor (the “Materials”) in the performance of this Contract shall be governed by the Georgia Open Records Act. Unless otherwise required by applicable law, the Contractor shall not release or deliver any Materials to the general public or to local officials pursuant to a written or oral request under the Georgia Open Records Act. Division expressly acknowledges and agrees that Contractor is an “agency” as defined in O.C.G.A. § 50-18-70 and is consequently subject to the Georgia Open Records Act. Contractor shall inform the Division in writing if Page 5 of 11 it receives any requests for the Materials pursuant to the Georgia Open Records Act. 15. Assignability. Contractor shall not transfer or assign all or any of its right, title or interest in this Contract or delegate any of its duties or obligations hereunder without the prior written consent of the Division. The Division may transfer or assign all or any of its right, title or interest in this agreement to another agency or authority of the State of Georgia without written notice to Contractor. 16. Interest of Contract. The Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance required under the Contract. It is specifically agreed and understood that for the purposes of this Contract, the Contractor shall be an independent contractor and nothing in this Contract shall be construed as creating a joint venture, partnership or employment relationship between the parties. 17. Copyrights. No reports, maps, or other documents produced or derived in whole or in part under this Contract shall be the subject of an application for copyright by or on behalf of the Contractor. Any such reports, maps and other documents shall constitute a “work made for hire” pursuant to the U.S. Copyright Act of 1976, as amended, and Contractor agrees that the Division is the original and sole owner of all rights, including without limitation copyright, in and to such reports, maps and other documents. If for any reason such reports, maps, and other documents are found not to be “works made for hire,” then Contractor hereby assigns to the Division all right, title and interest in and to such reports, maps and other documents without further consideration of any kind. Contractor agrees to execute all further documents and to take all further steps deemed advisable by the Division to secure and protect the Division’s rights as stated herein. 18. Documents. Provided that Contractor has been paid for the Services, the Division shall have the right to use the documents, maps, photographs, drawings and other materials (including but not limited to models, software or other digital work products) resulting from Contractor efforts on this Contract. Contractor acknowledges that, in accordance with the Contract, the Division is the original and sole owner of all rights in and to such documents, maps, photographs, drawings and other such materials including but not limited to models, software or other digital work products. Division acknowledges that the reuse of any such materials by Division on any extension of this project or any other project shall, with the exception of the obligations of Contractor, be at Division’s sole risk unless otherwise agreed to in writing by all parties. Contractor shall have the right to retain copies of all such materials. 19. Identification of Documents and Projects. All construction or demonstration projects, reports, maps, signage, and other documents completed as a part of this Contract, other than documents exclusively for internal use within the Division, shall give the Contractor recognition and carry the following notation on a conspicuous sign or the front cover or a title page (or in the case of maps, in the same block as the legend): “The preparation of this (report, map, document, project, etc.) was financed in part through a grant from the U.S. Environmental Protection Agency under the Provisions of Section 319(h) of the Federal Water Pollution Control Act, as amended.” and give credit to the Environmental Protection Division of the Department of Natural Resources, State of Georgia together with the month and year of completion. 20. Intellectual Property. The Contractor agrees it will not use the name or any intellectual Page 6 of 11 property, including but not limited to, the Division’s trademarks or logos in any manner, including commercial advertising or as a business reference, without the express prior written consent of the Division. 21. Personnel. The Contractor represents that it has, or will secure, all personnel required in performing the Services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the Division. a. All the Services required hereunder will be performed by the Contractor or under its supervision, and all the personnel engaged in the work shall be fully qualified and shall be authorized under state and local law to perform such services. b. None of the work or Services covered by this Contract shall be subcontracted without the prior written approval of the Division contact specified in Paragraph 36. c. The Division, or its authorized representatives, shall have the right to enter into the premises of Contractor and/or all subcontractors, or any places where duties under this Contract are being performed, to inspect, monitor, or otherwise evaluate the performance under this Agreement. 22. Right to Audit and Access to Records. The Contractor shall maintain books, records and documents in accordance with generally accepted accounting principles and procedures and which sufficiently and properly document and calculate all charges billed to the Division throughout the term of the Contract for a period of at least five (5) years following the date of final payment or completion of any required audit, whichever is later. Records to be maintained include both financial records and service records. The Contractor shall permit the Auditor of the State of Georgia or any authorized representative of the State, and where federal funds are involved, the Comptroller General of the United States, or any other authorized representative of the United States government, to access and examine, audit, excerpt and transcribe any directly pertinent books, documents, papers, electronic or optically stored and created records or other records of the Contractor relating to orders, invoices or payments or any other documentation or materials pertaining to the Contract, wherever such records may be located during normal business hours. The Contractor shall not impose a charge for audit or examination of the Contractor’s books and records. If an audit discloses incorrect billings or improprieties, the Division reserves the right to charge the Contractor for the cost of the audit and appropriate reimbursement. Evidence of criminal conduct will be turned over to the proper authorities. 23. Entire Agreement; Modification. This Contract represents the sole and complete understanding of the terms of the Contract between the parties hereto with respect to the subject matter contained herein and supersedes all prior agreements and understandings, oral or written, with respect thereto. No modification or amendment to this Contract will be binding on either party hereto unless such modification or amendment is reduced to a writing executed by both parties. Any changes in the scope and/or duration of this Contract shall be mutually agreed upon by and between the Division and the Contractor in a writing executed in accordance with this Paragraph. 24. Warranty. The Contractor warrants to the Division that the Services will be performed in a workmanlike manner, consistent with that level of care and skill ordinarily exercised by other providers of similar services and with sound principles commonly used by similar professionals under similar circumstances at the time the Services are provided and further warrants that the work will be performed as intended and described in the Scope of Work. a. Contractor warrants that he has not employed or retained any company or person, other Page 7 of 11 than a bona fide employee working solely for him, to solicit or secure this Contract and that he has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for him, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or the making of this Contract. 25. Indirect Damages. Each party hereby waives its rights to recover from the other party any consequential, indirect, or incidental damages (including but not limited to, loss of use, income, profits, financing, or reputation), arising out of, or relating to, this agreement of the performance of the services or both. 26. Use of Third Party Data. The Division has requested that the Contractor obtain certain facts, information, data, assumptions, opinions and representations (collectively, “Items”) from third parties as part of its scope of services. The Division understands and agrees that (i) the products of its services that the Contractor provides (collectively, “Products”) may be based in part or in whole on Items that have not been verified by the Contractor, (ii) the Contractor has no obligation or duty to verify the accuracy or completeness of the Items and (iii) the Contractor makes no representation(s) or warranty(ies), express or implied, with respect to the Items or the Products (other than the Products were prepared in accordance with the standard of care to which the contractor is subject, as set forth elsewhere in this contract), all of which representation(s) and warranty(ies) are hereby disclaimed, including, without limitation, the warranties of merchantability and fitness for a particular purpose. The Division hereby releases the Contractor from any and all claims, damages, losses, expenses and liabilities of every kind and nature whatsoever, including reasonable attorneys’ fees and defense costs, arising out of the use of Items by the Contractor in performing its services under this contract, including, without limitation, the preparation and delivery of the Products to the Division. 27. Compliance with the Georgia Security and Immigration Compliance Act. Contractor Certifies that it will comply with O.C.G.A. § 13-10-91 relating to the verification of the status of newly hired employees as incorporated herein by reference. 28. Federally-Mandated Certifications and Disclosures. a. Lobbying i. Disclosure Regarding Lobbying: Contractor hereby warrants as a condition of this Contract that if it is an organization described in Section 501(c)(4) of the Internal Revenue Code of 1986, it will not engage in lobbying activities prohibited by the Lobbying Disclosure Act of 1985. ii. Certification Regarding Lobbying: Contractor certifies to the best of its knowledge and belief that: 1. No Federal appropriated funds have been paid in full or will be paid, by or on behalf of Contractor, to any person for influencing or attempting to influence an officer or employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an Page 8 of 11 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 contract, then Contractor shall fully disclose same to the Division, and shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions. b. Drug Free Work Place: Contractor certifies that, in accordance with the provisions of O.C.G.A. § 50-24-1, et seq., a drug-free workplace will be provided to Contractor’s employees during the performance of this contract; and it will secure from any subcontractor hired to work in a drug-free workplace the following written certification: “As part of any subcontracting agreement (Subcontractor’s Name), certifies to Contractor that a drug-free workplace will be provided for the subcontractor’s employees during the performance of this Contract pursuant to paragraph 7 of subsection (b) of Code 50-24-3.” c. Debarment, Suspension, and Other Responsibility Matters: i. The Contractor certifies that it and its principles: 1. Are not presently debarred, suspended, proposed for debarment, and declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency. 2. Have not, within a three-year period preceding this contract, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public 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. 3. Are not presently indicted for or otherwise criminally or civilly charged by a government entity with commission of any of the above offenses. 4. Have not within a three-year period preceding this contract had one or more public transactions terminated for cause or default. ii. Where the Contractor is unable to certify to any of the statements in this certification, such Contractor shall attach an explanation to this contract. d. Equal Employment Opportunity: The Contractor will not discriminate against any employee for employment because of race, color, religion, sex or national origin. The Contractor will comply with all sections of Executive Order 11246 - Equal Employment Opportunity. e. Audit Requirement: A non-Federal entity that expends $750,000 or more during the non-Federal entity’s fiscal year in Federal awards must have a single or program- specific audit conducted for that year in accordance with the provisions of Subpart F, Part 200, Chapter II of Subtitle A, Title 2, Code of Federal Regulations. 29. General Federal Grant Conditions. All covenants, agreements and stipulations in Part 200 Chapter II of Subtitle A, Title 2, Code of Federal Regulations, are incorporated herein by reference. The parties acknowledge those general grant conditions and intend that all those covenants, agreements, and stipulations between the U.S. Environmental Protection Agency Page 9 of 11 and the Division, with the exception of the provision for compliance with the Davis-Bacon Act, are applicable to and enforceable against the Contractor. Allowable costs will be determined in accordance with the cost principles in the hereto referenced Code of Federal Regulations. a. The Contractor will assure the continued proper operation and maintenance of all nonpoint source management practices that have been implemented for projects funded under this agreement. Such practices shall be operated and maintained for the expected lifespan of the specific practice and in accordance with commonly accepted standards. The Contractor shall include a provision in every applicable sub-agreement (contract) awarded under this grant requiring that the management practices for the project be properly operated and maintained. b. The Contractor agrees to ensure that all necessary permits (such as Clean Water Act § 404) are obtained prior to implementation of any grant funded activity that may fall under applicable federal, state or local laws. The Contractor project implementation plan must identify permits that may be needed to complete activities identified in Appendix A: Scope of Work. The Contractor must keep documentation regarding necessary permits in the project file. 30. Israel. The Contractor certifies that the Contractor is not currently engaged in, and agrees for the duration of this Contract not to engage in, a boycott of Israel, as defined in O.C.G.A. § 50-5-85. 31. Applicable Law. The parties agree that this agreement and all rights, privileges and responsibilities shall be interpreted and construed according to the laws of the State of Georgia. 32. No Waiver. The failure of the Division at any time to require performance by the Contractor of any provision hereof, shall in no way affect the right of the Division thereafter to enforce that same provision or any part of the Contract, nor shall the failure of the Division to enforce any breach of any provision hereof be taken or held to be a waiver of such provision, or as a waiver, modification or rescission of the Contract itself. 33. Counterparts; Electronic Signature. This Contract may be executed in two (2) counterparts each of which is deemed an original of equal dignity with the other and which is deemed on and the same instrument as the other. The Division and Contractor agree that any electronic signatures on this Contract hereto constitute original, valid signatures pursuant to the Uniform Electronic Transactions Act, O.C.G.A. § 10-1-21 et seq. 34. Severability. If any one or more of the provisions of this Contract are for any reason be held by any court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability will not affect any other provision, and this Contract will be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 35. Notice. All notices, correspondence requests, demands, waives and other communications required or permitted to be given under this Contract shall be made in writing and shall be deemed to have been duly given if delivered by U.S. Mail, postage paid, sent by nationally recognized overnight courier, or by electronic-mail to the contacts as follows: Page 10 of 11 If to the Division: Mary E Gazaway Grant Administrator Georgia EPD Watershed Protection Branch Nonpoint Source Pollution Program Grants Unit Suite 1462 East Tower 2 Martin Luther King, Jr. Drive Atlanta, Georgia 30334 470-524-0556 (Zoom phone) mary.gazaway@dnr.ga.gov If to Contractor: Hameed Malik, Ph.D., P.E. Director of Engineering Augusta Engineering Department Engineering Administration 452 Walker Street, Suite 110 Augusta, GA 30901 (706) 796-5040 hmalik@augustaga.gov Page 11 of 11 IN WITNESS WHEREOF the Division and the Contractor have executed this Contract on the day and year below written. The Environmental Protection Division of the Department of Natural Resources, State of Georgia Augusta. Georgia (Augusta-Richmond County) Richard E. Dunn Director Date: Hardie Davis, Jr. Mayor Date: APPENDIX A Scope of Work Section 319(h) FY2021 Grant – Element12 1. Project Title: Phase 2 - Biota Improvement in an Urban Stream through Aquatic Habitat Restoration 2. Lead Organization: Augusta, GA (AKA Augusta-Richmond County) 535 Telfair Street, Building 4000 Augusta, GA 30901 (706) 796-5040 (706)796-5045 Primary Contact: Hameed Malik, Ph.D., P.E. Director of Engineering Augusta Engineering Department Engineering Administration 452 Walker Street, Suite 110 Augusta, GA 30901 (706) 796-5040 (706) 796-5045 hmalik@augustaga.gov Project Start Date: August 2022 Project End Date: June 30, 2024 Federal Amount Requested: $117,058 Match Amount to be Contributed: $111,815 Total Project Amount: $228,873 3. Project Goals: Phase 2 of this project continues to implement a 2018 Nine-Element Watershed Management Plan (WMP) for the Augusta Canal (HUC-12 #030601060601)/Butler Creek (HUC-12 #030601060602)/Beaverdam Ditch (HUC-12 #030601060607) Watersheds in the Savannah River Basin by addressing Bio F and Bio M water quality impairments in an 8-mile portion of Rocky Creek (HUC-12 030601060607) in Augusta-Richmond County, Georgia. Project goals are to increase a fish Index of Biotic Integrity (IBI) to >16 (Very Poor) and a macroinvertebrate Multi-Metric Index (MMI) in a 100-point scale to >5 (Very Poor). Restoration of biological health may also decrease fecal coliform concentrations based on a well-supported scientific food web theory. These efforts will be documented through pre- and post-BMP monitoring using GAEPD/GADNR standard protocols for sampling fish and macroinvertebrates in streams. Habitat will be restored by directly adding Best Management Practices (BMPs) to the stream to encourage a more natural riffle-pool geomorphology over time and support habitat diversity. Phase 2 - Aquatic Habitat Restoration Augusta-Richmond County Section 319(h) FY2021 Project 2 The project supports sections of Georgia’s Statewide NPS Management Plan (2014): 319 Grants, Key Stakeholders, Funding, page 92; Water Quality Monitoring, Program Issues, Short Term Goal 1.1 page 64; Water Quality Monitoring, Program Issues, page 79; 319 Program, Short Term Goal 8.1, page 97; Water Quality Monitoring, Short Term Goal 2.4, Page 85; Urban, Short Term Goal 4.2, Page 105; and 319 Grants, Long Term Goal 13, Page 99. 4. Project Background: Due to delays caused by the COVID-19 pandemic, project activities will be achieved in two phases. Contracted under a Section 319(h) FY2016 grant, Phase 1 resulted in the completion of the following Project Activities and Tasks plus quarterly, annual, and close-out reporting: Project Activity: Reach out to representatives & convene 3 meetings of Watershed Partnership developed throughout the previous TMDL planning process Task 1: Introduce project to appropriate watershed partners Task 2: Convene 3 meetings to solicit input, encourage support, and publicize project Project Activity: Survey and qualify assessment of existing habitat. Task 3: Survey of existing habitat in 8-mile reach of Rocky Creek Task 4: Pre-BMP installation assessment of macroinvertebrate and fish communities in observed habitats Project Activity: Install BMPs from available options as determined by the assessment Task 5: Survey of selected reach Task 6: Engineering Design of Structures Phase 2 will continue the project based on Project Activities and Tasks listed in 5. Project Activities below. The BMP installation targets a minimum of 0.25 stream miles (1320 linear feet) along the 6-mile “Headwaters to SR56” reach, with a spacing of approximately one feature every 50-200 ft. Point Bar Formation/Stabilization Structure; Pipe Refugia; Widener/Woody Habitat/Low flow Concentrator; Pool Enhancer; and Cross-Channel Rock Vane BMPs have been evaluated and chosen based on in-stream assessment, project cost, ability to install, and six research/restoration priorities developed by the project team. A 2016 Total Maximum Daily Load (TMDL) evaluated both a 6-mile segment (Headwaters to SR 56, formerly Headwaters to Phinizy Ditch) and a 2-mile reach (SR 56 to below New Savannah Road) of Rocky Creek in Augusta as Very Poor for diversity in fish and macroinvertebrate community populations. The TMDL does not call for further reduction in sediment loading from external sources into Rocky Creek: https://epd.georgia.gov/sites/epd.georgia.gov/files/related_files/site_page/Savannah%20Biota%2 0Impacted%20TMDL%20Report%20%5B2016%5D.pdf Reduction of sediment will be pursued as an ancillary benefit of habitat BMPs and may improve biotic health further. Therefore, the BMPs selected for this project are intended to stabilize the creek bed and banks so they provide long term habitat as opposed to unconsolidated stream bed and bank sediments. Phase 2 - Aquatic Habitat Restoration Augusta-Richmond County Section 319(h) FY2021 Project 3 A fecal coliform bacteria TMDL developed in 2000 for the 2-mile segment of Rocky Creek established an 80% load reduction to achieve state water quality standards: https://epd.georgia.gov/sites/epd.georgia.gov/files/related_files/site_page/EPA_Rocky_Creek_Fe cal_TMDL.pdf By improving the fish and macroinvertebrate communities, this project will upgrade the overall food web, and help to create an environment that is less hospitable for fecal bacteria. 5. Project Activities: Project Activity: Install BMPs from available options as determined by the assessment Task 1: Install and provide for operations and maintenance of structures that create in-stream habitat for biota including fish and macroinvertebrates over a wide range of the food web and varying depth in the water column. Deliverables: Installation of structural practices; Records of BMP inspections and maintenance kept and made available for review beyond the term of this contract. Measures of Success: Completion of structural practice installations; BMPs operated and maintained for expected lifespan and in accordance with commonly accepted standards to ensure proper functioning of system as designed. Project Activity: Targeted monitoring to track post-BMP water quality trends including improvement towards achieving stated goals Task 2: Post-BMP sampling assessment of macroinvertebrates and fish above, in, and below the BMP installations, including the historic GAEPD monitoring sites, using GAEPD (2007)/GADNR(2005) protocols Deliverables: • Finalized QA/QC Water Quality Monitoring Plan for macroinvertebrate & fish assessments • Post-BMP metrics for stream showing value of BMP compared to areas of stream without habitat restoration Measures of Success: • Finalized QA/QC Water quality Monitoring Plan approved by GAEPD • Data showing an IBI >16 in fish and an MMI >5 in macroinvertebrate biometric values Project Activity: Publicize study results to scientific and general audience Task 3: Develop a Case Study paper to summarize the project and publicize through project partner websites and social media outlets Deliverables: • Completed paper and • Presentation made accessible to general public Phase 2 - Aquatic Habitat Restoration Augusta-Richmond County Section 319(h) FY2021 Project 4 • Access to presentation through social media Measures of Success: Documented views of presentation on social media outlets Task 4: Develop a Case Study paper to summarize the project and present to scientific community at regional water conference Deliverables: • Completed paper and • Presentation at Georgia Water Resources Conference or similar conference Measures of Success: Acceptance of talk and paper at conference Project Activity: Reporting Requirements Task 5: Submit Quarterly Reports, including WBE/MBE reports and invoices, by the 15th of January, April, July, and October of each year during the grant period. Deliverables: Quarterly deliverables, monitoring data reports, invoices and supporting documentation reporting progress on project and using template provided by GAEPD. Measures of Success: Quarterly deliverables, monitoring data reports, invoices and supporting documentation reviewed and approved by GAEPD. Task 6: Participate in project review meetings with GAEPD based on the following schedule: Six months and twelve months after the project start date, then annually through the project term. Deliverables: Attendance at meetings and verbal or written responses to GAEPD. Measures of Success: Full participation at all project review meetings. . Task 7: Submit Final Invoice and Closeout Report to GAEPD for review. Deliverables: Final Invoice and Closeout Report Measures of Success: Final Invoice and Closeout Report reviewed and approved by GAEPD. 6. Roles and Responsibilities of Participating Organizations: Organization Name Specific Responsibilities City of Augusta • Account for 40% of total project costs in matching funds or in-kind services • Pay funds to appropriate contractor(s) and vendor(s) • Request reimbursements from GAEPD on a quarterly basis • Track the progress of project activities completed, grant funds expended, and match values provided in accordance with the drawdown & implementation schedule Phase 2 - Aquatic Habitat Restoration Augusta-Richmond County Section 319(h) FY2021 Project 5 • Complete and submit quarterly progress reports and invoices to GAEPD by January 15th, April 15th, July 15th, and October 15th of each project year • Participate in project review meetings with GAEPD each project year • Complete & submit close-out report at conclusion of project GAEPD • Provide 60% of total project costs • Review and approve project deliverables • Participate in meetings, as appropriate • Review and assist as needed with 319(h) Grant protocols • Provide project oversight and contract management • Provide monitoring guidance and training Phinizy Center for Water Sciences • Contract with City of Augusta to perform the following: • Sample, identify, and enumerate aquatic insect and fish species • Assist in report writing • Assist in BMP construction • Subcontract for the following services under an existing subagreement and with a previously approved professional: o Install and maintain rain gauges and water level loggers o Develop rating curves o Assist in report writing 7. Project Location: Rocky Creek runs through and lies entirely within Richmond County. It is a tributary to the Savannah River. a) Project Area Description and Map: Phase 2 - Aquatic Habitat Restoration Augusta-Richmond County Section 319(h) FY2021 Project 6 Figure 1. Location of Rocky Creek in the Augusta-Richmond County Area Figure 2. Rocky Creek Watershed including impaired reaches and proposed restoration area (Red-Fecal Coliform Impaired Reach, Orange-Macroinvertebrate Impaired Reach, Blue-Proposed Target Area) Phase 2 - Aquatic Habitat Restoration Augusta-Richmond County Section 319(h) FY2021 Project 7 Figure 3. Aerial photo of the extent of proposed restoration area with Milledgeville Road bordering upstream on the left and Wheeless Road bordering downstream on the right b) Project Area Size (Acres): 8,107 acres c) County or Counties: Richmond d) Land Uses within the Watershed(s) or Project Area (Percentages): Agricultural 6% Commercial Forestry 0% Urban/Residential 78% Mining/Extraction 1% Forest/Natural Areas 13% Water/Wetlands 2% TOTAL 100% Data Source & Date: Draft Total Maximum Daily Load Evaluation for Seven Stream Segments in the Savannah River Basin for Sediment, 2015 e) Hydrologic Unit Code(s), Watershed Name(s) and Priority Watershed(s): HUC-10: #0306010606 Name: Rocky Creek Priority: NA 8. Nonpoint Source Pollution Impairments and Healthy Waters: a) Section 305(b)/303(d) List of Waters: Water Body Segment Name (Segment Length (Miles) or Embayment Acreage) County Location(s) Criterion Violated or Water Quality Concern (Healthy Water) Listing Status Category 4a, 5 or 1 Rocky Creek (2 miles) Richmond Bio M, Bio F, Fecal Coliform 4a Rocky Creek (6 miles) Richmond Bio M, Bio F 4a b) Secondary Pollutant(s): In addition to the impairments already listed, there is evidence that sediment from the stream itself could be contributing to sediment load in the stream. Significant gully and Phase 2 - Aquatic Habitat Restoration Augusta-Richmond County Section 319(h) FY2021 Project 8 channel erosion can be observed in the channel as well as a great deal of bed movement. Higher flows cause significant movement of bed features. 9. Monitoring: DRAFT QA/QC Water Quality Monitoring Plan as Attachment (listed in Section 11.) GADNR, 2005-Standard operating procedures for conducting biomonitoring on fish communities in wadeable streams in Georgia at http://www.georgiawildlife.com/node/913 GAEPD, 2007-Macroinvertebrate Biological Assessment of Wadeable Streams in Georgia; Standard Operating Procedures at http://epd.georgia.gov/macroinvertebrate-bioassessment- standard-operating-procedures-sop-and-metric-spreadsheets GAEPD is working on revising the multi metric index (MMI) used to assess the health of macroinvertebrate communities. See current assessment guidelines below. http://epd.georgia.gov/sites/epd.georgia.gov/files/related_files/site_page/Guidelines%20for%2 0Listing%20and%20Delisting%20of%20Biological%20Data_Feb2016_Version1_2_Revised_ August%202016.pdf Phase 2 - Aquatic Habitat Restoration Augusta-Richmond County Section 319(h) FY2021 Project 9 10. Project Budget: Item Item Class Category 319(h) Grant Funds (60% Maximum) Non-Federal Matching Funds (40% Minimum) Total A Personnel: One (1) AED Director – approximately 0.007 FTE ($170,000/year) for 2 years Description of Duties: City Project Management, Project oversight, BMP decisions 2,380 2,380 One (1) Stormwater Serv. Mgr. - approximately 0.15 FTE ($122,000/year) for 2 years Description of Duties: Project Management, Project oversight, Fieldwork, BMP decisions 36,600 36,600 One (1) Engineering Mgr. - approximately 0.01 FTE ($109,900/year) for 2 years Description of Duties: Engineering Design, Permitting, Project Management, BMP decisions 2,198 2,198 One (1) Stormwater Coordinator - approximately 0.01 FTE ($60,672/year) for 2 years Description of Duties: Engineering Design, Permitting, Project Management, BMP decisions 1,213 1,213 One (1) Staff Engineer - approximately 0.01 FTE ($79,000/year) for 2 years Description of Duties: Engineering Design, Permitting, Project Management, BMP decisions 1,580 1,580 One (1) AED Assist. Director – approximately 0.01 FTE ($101,000/year) for 2 years Description of Duties: City Project Management, Project oversight, BMP decisions 2,020 2,020 One (1) Asset Manager - approximately 0.01 FTE ($106,000/year) for 2 years Description of Duties: GIS, Survey, BMP decisions 1,908 1,908 One (1) GIS analyst - approximately 0.01 FTE ($48,847/year) for 2 years Description of Duties: GIS, Survey, BMP decisions 977 977 One (1) GIS analyst - approximately 0.01 FTE ($58,532/year) for 2 years Description of Duties: GIS, Survey, BMP decisions 1,171 1,171 Sub Total: 0 50,047 50,047 B Fringe Benefits: Included in Item A @ a rate of 30% 0 0 Sub Total: 0 0 0 C Travel: Staff Position: Purpose of Travel: 833 Miles x Mileage Rate ($.545 mile) 0 0 Sub Total: 0 0 0 D Equipment: Equipment: Purpose/Use: Sub Total: 0 0 0 E Supplies: Supplies: Purpose/Use: Sub Total: 0 0 0 Phase 2 - Aquatic Habitat Restoration Augusta-Richmond County Section 319(h) FY2021 Project 10 Item Item Class Category 319(h) Grant Funds (60% Maximum) Non-Federal Matching Funds (40% Minimum) Total CONTRACTUAL: PHINIZY CENTER (NGO) Up to four (4) Aquatic Ecologists – approximately 0.125 FTE ($35,000/year) for 2 years = $35,000 Description of Duties: Assisting with BMP sites survey, aquatic sampling and subcontracting the following for BMP construction: • One (1) Project Engineer- approximately 0.25 FTE ($80,000/year) for 2 years = $40,000 Description of Duties: BMP selection and engineering, assist with survey, report writing and project management • One (1) Construction Contractor - TBD = $103,826 Description of Duties: Install BMPs 117,058 61,768 178,826 Sub Total: 117,058 61,768 178,826 G Construction: (Does not apply to GAEPD Section 319(h) Grants) N/A N/A N/A H Other: Sub Total I Total Direct Charges: (Sum of A-H) 117,058 111,815 228,873 J Indirect Charges: (0% Eligible for Reimbursement with Federal Dollars) N/A Up to 100% K Total: (Sum of I and J) 117,058 111,815 228,873 Narrative Justification for Item Class Categories: Personnel (A): Personnel in this item class category are all Augusta-Richmond County employees within the Augusta Engineering Department (AED) and are all contributing time as Non-Federal matching contributions to the project. Since this project includes stream restoration efforts that have potential impacts on in-stream flows within one of the Richmond County streams, the AED will treat this as a submitted county construction project which will go through our plan review and permitting processes. In addition, this project requires more specialized elements that include engineering, buffer assessments and permitting, BMP installation and monitoring, aquatic ecology, project management, and water quality assessments. All necessary personnel to perform those necessary duties are included in this grant. • AED Director: approximately (0.007 FTE @ $170,000/year) will have project oversight duties, will be involved in planning, and will participate in draft and final report reviews. • AED Stormwater Services Manager: approximately (0.15 FTE @ $122,000/year), will oversee, manage and coordinate project, provide aquatic ecology and water quality technical advice, input on BMP decisions, and organize and participate in fieldwork. • AED Engineering Manager: approximately (0.01 FTE @ $109,900/year), will provide plan review oversight, engineering design support, permit writing support, input on BMP decisions and monitoring, and project management support. • AED Stormwater Coordinator: approximately (0.01 FTE @ $60,672/yr) will have BMP design input, fieldwork and project management responsibilities. • AED Staff Engineer: approximately (0.01 FTE @ $79,000/yr) will have BMP design input, engineering design support, fieldwork and project management responsibilities. Phase 2 - Aquatic Habitat Restoration Augusta-Richmond County Section 319(h) FY2021 Project 11 • AED Assistant Director-Maintenance: approximately (0.01 FTE @ $101,000/yr) will have project management, project oversight, and site maintenance responsibilities. • AED Asset Manager: approximately (0.01 FTE @ $106,000/yr) will have GIS, survey, and BMP design input. • AED GIS analyst: approximately (0.01 FTE @ $48,847/yr) will have GIS, survey, and BMP design input. • AED GIS analyst: approximately (0.01 FTE @ $58,532/yr) will have GIS, survey, and BMP design input. Fringe Benefits (B): Fringe amounts are included in the Personnel Line Item and are not broken out in this Line Item. Fringe Benefits rate for AED employees is 30% and are included in Personnel Line Item. Supplies (E): Supplies have been reallocated to Contractual expenses Contractual (F): Phinizy Center for Water Sciences will be the Contractual Manager for the project and will make use of an existing subcontract and approved professional relationship as well as subcontract with qualified companies, consultants, and institutions to outsource monitoring, engineering and construction services. See below Justification for scope of services. • Phinizy Center for Water Sciences: Phinizy Center (0.125 FTE @$35,000/year) includes at a maximum four (4) staff members experienced in aquatic ecology and geomorphology in urban streams. Personnel qualified for this function include aquatic ecologists, researchers, and other specialists to perform post-BMP implementation surveys, geomorphic characterizations, hydrologic analyses, and report writing. The team will also be involved in taking advantage of an existing subagreement and a previously approved professional relationship to outsource aquatic monitoring services. In addition, Phinizy Center will outsource for microelectronics, survey assistance, and report writing, where needed and subcontract the following for BMP construction: • One (1) Project Engineer - approximately 0.25 FTE ($80,000/year) for 2 years = $40,000 for BMP selection and engineering, assist with survey, report writing and project management. • One (1) Construction Contractor - TBD = $103,826 to install BMPs. Phase 2 of this project will install Bioengineering BMPs within Rocky Creek to increase available habitat for aquatic insect and fish populations. Most supplies have already been acquired in Phase 1. However, the budgets for BMP installation in this Line Item may include additional items for construction and live plants. Planting • Live Stakes: ($1-$4 each) assuming a minimum of 12 groups of 50 at $4 each = $2,400 • Herbaceous Plugs = $3,000 Additional Items • Temporary Construction Entrances (2) = $4,000 Phase 2 - Aquatic Habitat Restoration Augusta-Richmond County Section 319(h) FY2021 Project 12 11. Project Attachment(s): Link: 2018 Nine-Element Watershed Management Plan for the Augusta Canal (HUC-12 #030601060601) / Butler Creek (HUC-12 #030601060602) / Beaverdam Ditch (HUC-12 #030601060607) Watersheds in Savannah River Basin https://epd.georgia.gov/document/document/augustacanalbutlercreekbeaverdamdi tchwmp0306010606y2018pdf/download Attachment 1: Post-BMP QA/QC Water Quality Monitoring Plan Initial Final Grant Drawdown Amount $117,058 $0 Percent Federal Remaining 100% 0% Match Amount $0 $111,815 Percent Match Accrued 0% 100% Jul-22 Aug-22 Sep-22 Oct-22 Nov-22 Dec-22 Jan-23 Feb-23 Mar-23 Apr-23 May-23 Jun-23 Jul-23 Aug-23 Sep-23 Oct-23 Nov-23 Dec-23 Jan-24 Feb-24 Mar-24 Apr-24 May-24 Jun-24 Milestones/Tasks Color KEY Deliverable to EPD Data Produced Information Conveyed Design/Construction $25,000 $15,607 $13,000 $10,000 $6,345 $11,706 Appendix B: Project Schedule - Phase 2 Biota Improvement in an Urban Stream through Aquatic Habitat Restoration 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter 5th Quarter 6th Quarter 7th Quarter 8th Quarter 91%70%48%35%24%15% $10,400 $25,000 10%0% 90% $10,400 $25,000 $25,000 $15,607 $10,700 $8,000 32%54% Task 7: Submit Final Close-Out Report Task 2: Carry out post BMP sampling for fish and macros Task 4: Develop a case study paper or presentation for the project ands submit/present at water conference Task 3: Develop a case study paper or presentation for the project and publish to partner websites/social media Task 6: Participate in project review meetings with GAEPD Execute Contract Task 1: Implement and install BMPs Task 5: Submit Quarterly Invoices & Status Reports 100% $5,926 $11,182 9%68%78%85% Contractor Affidavit under O.C.G.A. § 13-10-91(b)(l) The undersigned contractor ("Contractor") executes this Affidavit to comply with O.C.G.A § 13-10-91 related to any contract to which Contractor is a party that is subject to O.C.G.A. § 13-10-91 and hereby verifies its compliance with O.C.G.A. § 13-10-91, attesting as follows: a) The Contractor has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program; b) The Contractor will continue to use the federal work authorization program throughout the contract period, including any renewal or extension thereof; c) The Contractor will notify the public employer in the event the Contractor ceases to utilize the federal work authorization program during the contract period, including renewals or extensions thereof; d) The Contractor understands that ceasing to utilize the federal work authorization program constitutes a material breach of Contract; e) The Contractor will contract for the 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(a), (b), and (c); f) The Contractor acknowledges and agrees that this Affidavit shall be incorporated into any contract(s) subject to the provisions of O.C.G.A. § 13-10- 91 for the project listed below to which Contractor is a party after the date hereof without further action or consent by Contractor; and g) Contractor acknowledges its responsibility to submit copies of any affidavits, drivers' licenses, and identification cards required pursuant to O.C.G.A. § 13-10-91 to the public employer within five business days of receipt. __ 46923_________________ _____July 9, 2007__________________ Federal Work Authorization User Identification Number Date of Authorization Augusta, Georgia Phase 2 Biota Improvement in Urban Stream through Aquatic Habitat Restoration _ Name of Contractor Name of Project _Georgia DNR EPD ___ Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on _________, _____, 20_____ in _______________ (city), __________ (state). _____________________________________________ Signature of Authorized Officer or Agent _____________________________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _______ DAY OF _____________, 20______. __________________________________________________ NOTARY PUBLIC My Commission Expires: _____________________________ BRIAN KEMP MARK WILLIAMS GOVERNOR COMMISSIONER 2 MARTIN LUTHER KING, JR. DRIVE, S.E., SUITE 1252 EAST | ATLANTA, GEORGIA 30334-9000 404.656.3500 | FAX 404.656.0770 | WWW.GADNR.ORG Dear Sub-Awardee, In 2006, the Federal Funding Accountability and Transparency Act (FFATA) was signed into law. This legislation requires information disclosure concerning entities receiving Federal financial assistance through Federal grants. As a result, our organization is required to report on each of the grants that we award (i.e., subawards, subcontracts). By answering the questions below, your organization will provide us the data needed to meet FFATA reporting requirements. This form is to be returned within 15 days of the contract signature date. Please don’t hesitate to contact us if your organization has difficulty completing the questionnaire. Please contact: Name: Denise Bowen Telephone Number: 404-463-2881 To be completed by Organization Receiving the Award Subawardee Doing Business as Name: Augusta, Georgia (Augusta-Richmond County) DUNS #: 07-3438418 Address: City: 530 Greene Street, Augusta State GA Zip code 30901 + 4 Primary Place of Grant Performance: City: Augusta State GA Zip code 30901 + 4 Highly Compensated Officers: Please list below your top 5 compensated officers if all three of the following conditions apply: Yes No Your organization received 80% or more of its annual gross revenues from federal contracts, subcontracts, loans, grants, subgrants and cooperative agreements in the preceding fiscal year. Your organization received $25,000,000 or more in annual gross revenue from federal contracts, subcontracts, loans, grants, subgrants and cooperative agreements in the preceding fiscal year. The public does not have access to information about the compensation of the senior executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 USC 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. Officer 1 Name: Compensation: $ Officer 2 Name: Compensation: $ Officer 3 Name: Compensation: $ Officer 4 Name: Compensation: $ Officer 5 Name: Compensation: $ To be completed by Awarding Agency: Georgia Department of Natural Resources Division: Environmental Protection Federal Funding Agency Name: U.S. Environmental Protection Agency (U.S. EPA) Federal Award Number (case, space and character sensitive): C9994458-??-0 Federal Funding Agency Code (4 digits): 6800 Catalog of Federal Domestic Assistance Number (CFDA): 66.460 Prime Recipient DUNS number (9 digits): 146985544 Prime Recipient City and State: Georgia Program Source (Treasury Account Symbol – TAS for contracts): 68-0102 Activity Code (10 NAICS, NTEE-NTPC code): 924110 Subaward Amount: $? Subaward Date: ? Subaward Number: ?_________ Subaward Project Title (Description): Phase 2 Biota Improvement in an Urban Stream through Aquatic Habitat Restoration Targeted Monitoring Plan under 319(h) Grant for a portion of the Rocky Creek Watershed Augusta-Richmond County, Georgia Submitted by Phinizy Center for Water Sciences 1858 Lock and Dam Road, Augusta, GA, 30906 November, 2016 1 2 Contents 1. Watershed Description and Reason for Monitoring ............................................................................. 3 a. Size (HUC/acres/square miles) of watershed delineation or drainage area to be studied .............. 3 b. Name(s) of stream segment(s) and location descriptions ................................................................ 3 c. General watershed conditions and land use / coverage .................................................................. 3 d. Water quality impairments ............................................................................................................... 3 e. Jurisdictions impacting watershed .................................................................................................... 3 f. Reason(s) for monitoring .................................................................................................................. 4 2. Pollutants or Indicators to be Monitored ............................................................................................. 4 a. Indicators to be Monitored ............................................................................................................... 4 b. Installed BMPs ................................................................................................................................... 4 3. Monitoring Locations ............................................................................................................................ 5 a. Site Selection ..................................................................................................................................... 5 4. Quality Assurance/Quality Control ....................................................................................................... 6 a. Field staff ........................................................................................................................................... 6 b. Methodology and materials .............................................................................................................. 6 5. Training ................................................................................................................................................. 6 a. Names and affiliation of GAEPD staff trainers .................................................................................. 6 b. Names and affiliations of field personnel being trained ................................................................... 6 c. Titles and dates of training workshops ............................................................................................. 6 d. Description of the training sessions .................................................................................................. 6 6. Monitoring Schedule ............................................................................................................................. 7 a. General Schedule .............................................................................................................................. 7 3 1. Watershed Description and Reason for Monitoring a. Size (HUC/acres/square miles) of watershed delineation or drainage area to be studied i. HUC12 - 030601060607 ii. 8107 acres iii. 12.7 square miles b. Name(s) of stream segment(s) and location descriptions i. The impaired reach is 2 miles of Rocky Creek from SR 56 to New Savannah Road for Fecal Coliform and Biota (Bio F and Bio M) and 6 miles of Rocky Creek from SR 56 to the Headwaters for just Biota (Bio F and Bio M). ii. The HUC12 subwatershed is entirely contained within Richmond County. iii. Targeted sampling will take place in the impaired section and upstream to the headwaters. The main focus of sampling will be within and downstream of the BMP c. General watershed conditions and land use / coverage i. The area to be monitored is highly urbanized with the following land use percentages. A large percentage of the development is mature with older structures and infrastructure. There are large natural areas, especially near the stream. The overall condition of the watershed is highly impacted by urbanization. 1. Agricultural 6% 2. Commercial Forestry 0% 3. Urban/Residential 78% 4. Mining/Extraction 1% 5. Forest/Natural Areas 13% 6. Water/Wetlands 2% 7. TOTAL 100% d. Water quality impairments i. This monitoring plan addresses the impairment of 8 miles of Rocky Creek for Biota Impairment (Bio F and Bio M) based on not supporting the criteria associated with its designated use of fishing ii. This impairment is described in the following document: 1. 2016 Total Maximum Daily Load Evaluation for Seven Stream Segments in the Savannah River Basin for Sediment e. Jurisdictions impacting watershed i. Augusta-Richmond County Consolidated Government 4 f. Reason(s) for monitoring i. The primary reason for monitoring is to verify the efficacy of the management practices to be installed in the overall project ii. A secondary reason for monitoring is to assess the ability to delist the stream after BMP implementation 2. Pollutants or Indicators to be Monitored a. Indicators to be Monitored i. Turbidity or Total Suspended Solids (TSS) ii. Stream Stage/discharge iii. Temperature/Conductivity iv. Visual Assessment of Stream Conditions v. Macroinvertebrates vi. Fish Community b. Installed BMPs i. This project will install a series of instream aquatic habitat restoration practices to overcome historic sedimentation and loss of habitat. These are described more fully in the proposal document. 5 3. Monitoring Locations Table 1. Description of 7 monitoring sites Sample Location # Latitude (N) Longitude (W) Description 1 Milledgeville Road 33°26'53.22” 82° 3'14.74” Just above BMP 2 Wheeless Road 33°26'50.31" 82° 2'46.75" Within BMP 3 Dean’s Bridge Road 33°26'17.30" 82° 1'31.85" Below BMP a. Site Selection i. Site selection was based on the ability to monitor the impact of the BMP on the noted impairments. It is also based on the ability to assess the post BMP condition of the impairments in the impaired reaches. Figure 1. Map of target monitoring area including historic monitoring sites (pins), impaired biota reach (orange), and BMP installation reach (blue). 6 4. Quality Assurance/Quality Control a. Field staff i. Damon Mullis and Matt Erickson– Phinizy Center ii. Augusta-Richmond County Technician iii. Additional Adopt-A-Stream Volunteers b. Methodology and materials i. Standard operating procedures (SOP) will comply with EPD Surface Water Sampling (EPD-WPMP-2), the Georgia Adopt-A-Stream AAS Biological and Chemical Manual, and GAEPD/GADNR standard protocols for sampling fish (GADNR, 2005-Standard operating procedures for conducting biomonitoring on fish communities in wadeable streams in Georgia) and macroinvertebrates (GAEPD, 2007-Macroinvertebrate biological assessment of wadeable streams in Georgia; standard operating procedures) ii. Only trained personnel will be allowed to collect or process samples. 5. Training a. Names and affiliation of GAEPD staff trainers i. Training will be performed by Ruth Mead, a Certified Adopt-A-Stream Trainer who is the Senior Education Specialist at Phinizy Center. ii. GAEPD/GADNR training will be conducted through the annual workshop offered by GADNR b. Names and affiliations of field personnel being trained i. Phinizy and Augusta Engineering staff as well as additional Adopt-A-Stream Volunteers c. Titles and dates of training workshops i. GA Adopt-A-Stream Biological and GAEPD/GADNR training will take place on a date TBD in 2017 for training in the assessment of Bio M and Bio F. d. Description of the training sessions i. Sessions will follow the GA Adopt-A-Stream manuals for training in the designated areas ii. GADNR training of aquatic insect methodologies is offered once per year 7 6. Monitoring Schedule a. General Schedule i. Sampling for fish and aquatic insects will be conducted before, during, and after BMP installation in order to assess BMP effectiveness. All sampling will be conducted, at a minimum, during Georgia’s Index Period which is mid- September through February. Sampling will be conducted, at a minimum, of one time at each of the three proposed sites (upstream, within, and downstream of BMP installation) during the mid-September through February time period, during the pre-BMP, ongoing-BMP, and post-BMP installation phases. That is, at a minimum, of 3 sites (upstream, within, and downstream), during each of the 3 phases (pre-BMP, ongoing-BMP, and post-BMP installation). ii. All sampling will be conducted according to the GAEPD protocols identified in Section 4.b. Commission Meeting Agenda 9/6/2022 2:00 PM Speed Hump Request for Gardner Street Department:Engineering Department:Engineering Caption:Motion to approve the installation of three (3) speed humps along Gardner Street between Johns Road and Milledge Road per Augusta Speed humps adopted Policy. Also approve construction funds in amount of $12,000. Requested by Engineering 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:0in; mso- pagination:widow-orphan; font-size:10.0pt; font-family:"Times New Roman",serif;} (Approved by Engineering Services Committee September 1, 2022) Background:The residents of this area requested to go through the speed hump process. The speed survey showed that the majority of the vehicles traveling along this street were going 10 mph over the posted speed limit. Approximately 65% (11 of 17) of the property owners adjacent to Gardner Street signed the required petition. The Augusta Engineering Department will install three (3) speed humps along Gardner Street per policy standards. 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:0in; mso-pagination:widow-orphan; font-size:10.0pt; font-family:"Times New Roman",serif;} Analysis:Based on the current cost of materials and labor, the cost to install one standard speed hump is $4,000. Per the adopted speed hump policy, three (3) speed humps will be installed to calm traffic and reduce the overall vehicle speeds. Financial Impact:Adequate funds are available, and expenditures of this amount will leave enough funding in this account for other traffic calming projects throughout the year. Alternatives:Do not approve Recommendation: Cover Memo Approve the installation of three (3) speed humps along Gardner Street between Johns Road and Milledge Road per Augusta Speed humps adopted Policy. Also approve construction funds in amount of $12,000. Requested by Engineering. Funds are Available in the Following Accounts: Traffic Funds ($12,000.00) 101041710-5319160 REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 9/6/2022 2:00 PM Tobacco Road Compressed Natural Gas (CNG) Fueling Station Dispensers Replacement Department:Engineering Department:Engineering Caption:Motion to approve a $282,775.00 urgent replacement by Hembree Contracting, Inc of the inoperative CNG dispensers located at 3035 Tobacco Road. Requested by Engineering. (Approved by Engineering Services Committee August 30, 2022) Background:The Tobacco Road and Scott Nixon Memorial Drive CNG stations are a major agreement component of Augusta’s Solid Waste & Recyclables Collection Services contract with its haulers. During the past two years, Tobacco Road CNG station has been plagued with equipment failures that has repeatedly caused lengthy dispensers’ downtime. The downtimes are due mainly to hard-to-find outdated electronics and mechanical parts. These outages deny the haulers the agreed to service of providing them reliable CNG dispensing support within a reasonable distance. When you add the haulers’ additional operating cost to Tobacco Road station’s outages for minor maintenance adjustments or needing to engage the system resets the economic impact supporting replacing the dispensers goes even higher. Analysis:The number of equipment components failure and repair service calls have increased, and the intervals between repair service requests has decreased for the Tobacco Road CNG station. Along with the increase in service calls is an increase in the cost for maintaining the station. Whenever the Tobacco Road station is out of service, it is a twenty (20) mile round trip drive from there to the Scott Nixon station. The refueling drive causes collection delays for the haulers and an excessive nonproductive use of fuel. Depending on their daily route some of the hauler’s vehicles must refuel two times a day at the Tobacco Road station. Financial Impact:Funds in the amount of $282,775 is available in Environmental Services Account 541 044210 5422510 Alternatives:Do not approve and risk not providing reliable CNG dispensing support within a reasonable distance. Recommendation:Approve a $282,775.00 urgent replacement by Hembree Contracting, Inc of the inoperative CNG dispensers located at 3035 Tobacco Road. Cover Memo Funds are Available in the Following Accounts: ($282,775) 541-5319130 – Landfill Operations Fund 541 044210 5422510 REVIEWED AND APPROVED BY: Cover Memo June 17, 2022 Proposal for: Atlanta Gas Light Location: City of Augusta CNG Station 3035 Tobacco Rd. Hephzibah,GA 30185 Hembree Contracting, Inc. recommends the following to update this existing CNG site with a new fuel management terminal: To allow more efficient fueling • Remove existing dispensers 1&2 and replace with new dispensers • Reuse one 1” gas line at each dispenser cap off other two at both ends • Re-program priority panel to use only high pressure • Convert storage vessels to all high pressure • Replace with new provided dispensers To provide effective card reading • Add fuel management terminals next to each dispenser • Run two conduits from each dispenser to respective fuel management terminal • Use existing 120v circuit for blower interconnect for power to fuel management terminals • Use existing Cat5e cable from dispenser to communication panel • Run four #14’s from fuel management terminal to dispenser for authorize signal Project Cost: $282,775 Please let me know if you have questions or need more information. Wes Hembree (770) 294-6997 wes@hembreecontracting.com Hembree Contracting, Inc. 208 Main Street / PO Box 384 Bremen, GA 30110 www.hembreecontracting.com Commission Meeting Agenda 9/6/2022 2:00 PM Utilize On-Call Professional Services for Traffic Signal Permitting and Design at Gordon Hwy and Haynes Station Dr. RFP 19-241 Department:Engineering Department:Engineering Caption:Motion to approve funding for on-call professional engineering services for traffic signal analysis, design, and permitting at Gordon Hwy and Haynes Station Drive in the amount of $142,400.00 to Infrastructure Systems Management, LLC (ISM) per RFP 19-241. Requested by Engineering. (Approved by Engineering Services Committee August 30, 2022) Background:The areas surrounding the intersection of Gordon Hwy and Haynes Station Drive have grown substantially in recent years resulting in traffic issues from both an operational and safety standpoint. The Augusta Engineering and Environmental Services Department would like to pursue upgrading this intersection to address the current traffic needs by the installation of a traffic signal through the Georgia Department of Transportation (GDOT). Analysis:This on-call contract will consist of several tasks including data collection, existing condition analysis, future year analysis, signal warrant analysis, GDOT ICE analysis, signal design, and permitting. Because Gordon Hwy is a state route, GDOT’s policies and standards must be maintained throughout the process. The analysis, design, and permitting phases will be completed in accordance with GDOT’s various manuals and policies. Financial Impact:Funds are available in the amount of $142,400.00 in the Traffic Mitigation Traffic Signal Imp/Gordon Hwy account. Alternatives:Do not approve and find alternate process for completing signal design. Recommendation:Approve contract award to ISM for on-call services in the amount of $142,400.00 for the analysis, design, and permitting of a traffic signal at Gordon Hwy and Haynes Station Drive. Funds are Available in the Following Accounts: ($142,400.00) 160041710-5212115 – Traffic Mitigation Fund Cover Memo REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 9/6/2022 2:00 PM Approve and Adopt Revised Ordinance Regarding RTV Ordinance Revisions Department:Engineering Department:Engineering Caption:Motion to approve and adopt proposed Ordinance changes to the Augusta, Georgia Code, 3-5-1 and 3-5-86 to modify requirements for personal transportation vehicles (PTV). (No recommendation from Engineering Services Committee August 30, 2022 Background:Currently, the PTV ordinance and all associated conditions were adopted in 2018 by the Augusta Commission. A downtown business would like to modify the Ordinance to allow the use of a larger PTV vehicle. Analysis:The ordinance modifications involve increasing the allowable weight of a Commercial PTV to 3,000 pounds and increasing the number of passengers up to 20 people. Financial Impact:None Alternatives:Do not approve changes to Augusta, Georgia Code 3-5-1 and 3-5-86. Recommendation:Approve proposed revisions to Augusta, Georgia Code 3-5-1 and 3-5-86 to allow for Commercial PTV changes. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 9/6/2022 2:00 PM Minutes Commission Regular and Special Called Mtgs. Department:Office of the Clerk of Commisson Department:Office of the Clerk of Commisson Caption:Motion to approve minutes of the Regular Meeting held August 16 and Special Called Meetings held August 18, 23 and 30, 2022. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 9/6/2022 2:00 PM Motion to Accept Federal Aviation Administration Grant No. 53 in the Amount of $530,506.27 Department:Augusta Regional Airport Department:Augusta Regional Airport Caption:Motion to accept Federal Aviation Administration (FAA) Airport Improvement Program (AIP) Grant No. 53 in the amount of $530,506.27. Approved by the Augusta Aviation Commission on August 24, 2022. Background:It is anticipated that this grant will fund projects in the fiscal year 2022/2023. The grant is tentatively approved for the Augusta Regional Airport Runway 17-35 Obstruction Removal Environmental Assessment (EA) Project. The grant award has a September 15, 2022 deadline for return to the FAA.. Analysis:On April 11, 2022, Staff submitted the 2022 Final AIP Grant Applications to Joseph Robinson and Craig Merchant at the Atlanta Airport District Office (ADO). This grant included the Terminal Area Planning (TAP) Study and Airport Layout Plan (ALP) Update project, the Obstruction Removal EA for Runway 17-35 and 8-26 project, and the Disadvantaged Business Enterprise (DBE) 2022-2024 Goal Setting project. The application included the cost of planning and environmental services. Financial Impact:There is no financial impact. This is a “money in (grant)” action. Alternatives:To Deny. Recommendation:Recommend Approval. Approved by the Augusta Aviation Commission on August 24, 2022. Funds are Available in the Following Accounts: Fund 551 REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 9/6/2022 2:00 PM HCD_ Memorandum of Understanding with Honnête Habitats III, LLC (HH) Approval Request Department:HCD Department:HCD Caption:Motion to approve HCD's request for 50/50 partnership with Honnête Habitats III, LLC to develop (3) workforce housing units, (New Construction) within the Laney Walker/Bethlehem area located at 1409 Maple St., 1411 Maple St., and 1413 Maple St . (No recommendation from Administrative Services Committee August 30, 2022 and submission of additional information.) Background:Honnête Habitats III, LLC is a real estate development company focused on constructing speculative houses in the southeastern United States. HH engages in building appealing designs of affordable houses that will meet the needs of a wide range of clients. As part of its plans to become one of the leading builders in the United States of America, HH adopts international best practices in the industry. The mission of HH is to develop, promote, and preserve quality housing while building strong, healthy neighborhoods in urban areas and helping residents improve their lives. Address Budget Project Type Parcel #1 $117,240 New Construction (labor/material) Parcel #2 $114,240 New Construction (labor/material) Cover Memo Parcel #3 $114,240 New Construction (labor/material) Analysis:HCD seeks to continue corridor development via the Twiggs Street corridor in partnership with Honnête Habitats. Financial Impact:HCD agrees to commit $345,720 total in partnership with HH. Alternatives:Deny Recommendation:Motion to approve HCD's request for 50/50 partnership with Honnête Habitats III, LLC to develop (3) workforce housing units, (New Construction) within the Laney Walker/Bethlehem area located at 1409 Maple St, 1411 Maple St, and 1413 Maple St. Funds are Available in the Following Accounts: Laney Walker/Bethlehem Project Funds: GL Code: 298-07-7343-5413150 REVIEWED AND APPROVED BY: Cover Memo HH 2022 MOU 1 Memorandum of Understanding Laney Walker / Bethlehem (LW/B) Revitalization- Honnête Habitats III, LLC This Memorandum of Understanding (“MOU”) is entered into on the ______ day of __________________________, 2022 by and between the Augusta, GA’s Housing and Community Development Department (HCD) and Honnete Habitats III, LLC. (HH) HCD serves as the Augusta, GA’s manager for Laney Walker/Bethlehem (LW/B). HH. serves as a supportive services partner and as an investor/developer partner. Honnête Habitats III, LLC is a real estate development company focused on constructing speculative houses in the southeastern United States. HH engages in building appealing designs of affordable houses that will meet the needs of a wide range of clients. As part of its plans to become one of the leading builders in the United States of America, HH adopts international best practices in the industry. The mission of HH is to develop, promote, and preserve quality housing while building strong, healthy neighborhoods in urban areas and helping residents improve their lives. The above-named parties to this Memorandum of Understanding recognize the importance of facilitating developments within the LW/B neighborhoods to include increasing homeownership opportunities for low to moderate income households as a joint, coordinated effort. This MOU and the accompanying program descriptions set forth the terms and conditions under which the parties express their intent to present and execute a comprehensive approach to achieving the goals of this initiative. It is expected that a signed Development Agreement will evolve from this MOU. Part I. Structure and Purpose of Initiative This local initiative will be known as the Laney Walker / Bethlehem Revitalization Project Initiative (the "Initiative"). The greater Initiative is designed to facilitate the development of residential housing and mixed-use development located on property currently owned by the Augusta, Georgia Land Bank Authority (AGLBA). Augusta, GA has concluded that it is beneficial to act as a team for the purpose of increasing homeownership and rental housing opportunities, as well as retaining the cultural and historic context that defines the Laney Walker & Bethlehem communities. Part II. Partnership Goals The goal of the Initiative is to continue HH. as a supportive service partner and as an investor/developer partnership which will: • Foster comprehensive revitalization, in partnership, and the promotion of new, single-family housing in the LW/B communities; • Increase affordable homeownership opportunities in LW/B through approved participating lenders and use of financing assistance offered through the LW/B bonds funds, various HUD programs and HH. • Foster the use of architecturally compatible building design that captures the character and history of the LW/B communities, utilizing the LW/B Pattern Book as a basis; HH 2022 MOU 2 • Increase homeownership by providing targeted counseling and education to potential homebuyers; • Conduct outreach activities to potential renters and homebuyers in the community to inform them of housing opportunities; • Provide ongoing supportive (wraparound) services for homebuyers; and • Build a model of partnership that can be replicated in other communities. Part III. Responsibilities of the Parties The parties will have the following responsibilities: Investor/Developer Partner • HCD to work with HH. to identify up to three (3) Single Family lots • HH. to identify Affordable/Workforce house plans for each identified lot • HH. to agree upon deal structure (land infusion, construction split, down payment, etc.) • HCD and HH. to utilize private partner funds for the development on Maple Street of three (3) parcels identified as: o Parcel #1 o 50% partnership commitment: $117,240.00 o Parcel #2 o 50% partnership commitment: $114,240.00 o Parcel #3 o 50% partnership commitment: $114,240.00 Part IV. Performance Objectives The overall performance of the Initiative will be evaluated on the completion of development and implement services (as shown above), and the number of residents who are actually able to obtain housing. To date, HCD has undertaken an extensive effort to ensure the success of this revitalization. Public meetings were initially held to receive stakeholder input, and on-going meetings are being held to keep the public informed. Land acquisition activities have resulted in significant and meaningful site control. Master plans have been designed to reflect the activity to date, while guiding future endeavors. Part V. Public Relations The parties agree that initially, and throughout the term of this MOU, marketing and public announcements relative to Initiative activities be coordinated among and approved by both HCD and HH. prior to public release. Part VI. Relationship of Parties HH 2022 MOU 3 Nothing in this MOU shall be deemed to constitute or create an association, partnership or joint venture among the participating parties, or any agency or employer-employee relationship. No party is granted, nor shall it represent that it has been granted, any right or authority to assume or create any obligation or responsibility, expressed or implied, on behalf of, or in the name of another party, or bind another party in any manner. Part VII. Term; Early Termination The term of the MOU is twenty-four (24) months from the date of the execution. It is the intention of the participants to work diligently to ensure that within 90 days, all of the Initiative Development Goals shall be met. At that time, renewal of the partnership may be extended upon the agreement of both parties. The participating parties reserve the right to terminate the MOU with 90-day notice. Part VIII. Administration and Reports HCD will facilitate monitoring the Initiative and providing bi-monthly reports to the participants. Part IX. Additional Provisions HCD and HH. shall each identify a primary contact and an alternative contact. Part X. Acknowledgements As the authorized representative for my organization, I have read this MOU regarding the Initiative. I agree that it accurately describes the purpose, operational plan and roles of the Initiative participants. I understand that this document is not a contract and is not a legally binding agreement. HH 2022 MOU 4 In Witness Whereof, the parties have set their hands and seals as of the date first written above. Attest: Augusta, Georgia By:__________________________________________ Date:________________________ Hardie Davis, Jr. As Mayor By:___________________________________________ Date:________________________ Takiyah A. Douse As Interim City Administrator By:___________________________________________ Date:________________________ Hawthorne Welcher, Jr. As Director, HCD Approved as to Form by:___________________________ Date: ________________________ Augusta, GA Law Department SEAL _____________________________________ Lena Bonner As its Clerk of Commission Honnête Habitats III, LLC By:____________________________________________ Date:_____________________ Name: Brea E. Elles Title: Founder HONNETE HABITATS Real Estate Development Overview E E Prepared for: Augusta, GA Prepared by: Brea Elles, CEO E: belles@atelierhonnete.com | C: (646) 305-5404 Created: August 11th , 2022 1 PREPARED BY BREA ELLES AUGUSTA PROPOSED DEVELOPMENTHONNETE HABITATS Who we are Brea Elles, CEO Our Mission The mission of Honnete Habitats is to develop, promote and preserve quality housing while building strong, healthy neighborhoods in urban areas and helping residents improve their lives. We are excited to present our approach and operations, which continue to move our mission forward. Honnête Habitats is a real estate development company focused on constructing speculative houses in the southeastern United States. We engage in building appealing designs of affordable houses that will meet the needs of a wide range of clients. As part of our plans to become one of the leading builders in the United States of America, we adopt international best practices in the industry. Brea Elles of Honnete Habitats, a design and construction professional with 10+ years of experience, a Master of Interior Architecture and International Real Estates, and certificate in Project Management. Atelier Honnete helps homeowners with renovation project planning such as setting reasonable budget, vetting general contractors, reviewing construction estimates and offering design services. Brea is on the upcoming HGTV show, “Buy It or Build It”, creating and shaping interiors empathetic to each families’ lifestyles. 2 PREPARED BY BREA ELLES AUGUSTA PROPOSED DEVELOPMENTHONNETE HABITATS Project team The overall fitness of the consulting group is critical to the project's success, being accountable for its performance. PROJECT MANAGER HONNETE HABITATS GENERAL CONTRACTOR TO BE DETERMINED ARCHITECT HONNETE HABITATS REAL ESTATE BROKER STUART BROOKS PROJECT MANAGEMENT Honnête Habitats will be responsible for the project timeline, budget, and quality of execution. The team will oversee the design to influence the design and expedite time-critical processes. ARCHITECTURE & ENGINEERING The architect to provide architectural, engineering, and interior design services. The architecture and engineering team is responsible for a cost-effective design that captures the project's vision and goals. GENERAL CONTRATOR The GC's project fiscal responsibility will entail managing the budget, minimizing change orders, identifying savings opportunities via constructability or value engineering, and providing competitive bids. REAL ESTATE BOKER The realtor will be responsible for preselling and selling the property with the floor plans. He/she will present to Honnête Habitats potential buyers and coordinate the required due diligence for sale.. 3 PREPARED BY BREA ELLES AUGUSTA PROPOSED DEVELOPMENTHONNETE HABITATS Our approach Impactful Facades The shell, structure, building facades, windows, and doors represent 25% to 30% of total hard costs, and generally, not items that can be great value engineered to reduce costs. The strategy focuses on the economy of form and material selection to offer opportunities to balance costs and aesthetics. While tight budgets constrain affordable housing construction, it should be appealing and offer comfort and convenience to its residents while meeting all the essential requirements of safe, healthy housing. At Honnete Habitats, we focus on affordable housing's interior spatial design with various demographic needs. We aim to find a balance between the total construction cost and the design selection to yield the required return on the sale of a house. The following are some of our strategies: Efficient & Economic Interior Most projects leverage a set of standard unit plans to generate design and construction efficiencies. The ideas for spatial efficiency are rarely groundbreaking, but small changes can make more livable and efficient units when deployed across a building. Interiors are often an area of short-sighted cost-cutting: downgrading finishes and appliances do not save much money and may reduce the durability and environmental quality. 01 02 4 PREPARED BY BREA ELLES AUGUSTA PROPOSED DEVELOPMENTHONNETE HABITATS EXISTING NEIGHBORHOOD The existing neighborhood consist of many single-family houses of craftsman architecture. Most of the exterior facades are horizontal siding with brick or concrete foundation walls. The exterior colors are predominantly white paint with colorful roof and trim framed by greenery. Including new houses with a front garage will be a novel concept for the existing street elevation of the neighborhood. The garage must be recessed to remove much emphasis and place emphasis on the front entry. A transition between craftsman and modern architecture will be best suited to maintain the reference of the previous historical architecture. The exterior facades consist of horizontal siding, batten board, or shingles, providing a flare of modernity and texture. 5 PREPARED BY BREA ELLES AUGUSTA PROPOSED DEVELOPMENTHONNETE HABITATS MODEL HOUSE PROPOSED CRAFTSMAN ARCHITECTURAL STYLE 1650 Sq Ft, 3 Bedrooms, 2.5 Bathrooms, 1 Car Garage We are proposing a craftsman architectural style to preserve the historical architectural reference of the neighborhood. The interior settings will be modern with finishes and trims. The exterior materiality consists of the pairing of batten board, siding and shingles with a modern color palette framed by green landscape. 18’-0” 62 ’ -0” 6 PREPARED BY BREA ELLES AUGUSTA PROPOSED DEVELOPMENTHONNETE HABITATS Lot 1 2 3 Address 1409 Maple St 1411 Maple St 1413 Maple St Lot Size 30 x 150 31 x 150 31 x 150 House Square Footage 1650 1650 1650 Construction Type New Construction New Construction New Construction Housing Type Single Family Single Family Single Family Levels 2 2 2 Bedrooms 2/1 Flex 2/1 Flex 2/1 Flex Bathroom 2 2 2 Garage 1 1 1 Construction Timeline (Months)6 6 6 Lots/plans The project is for the development of three adjacent lots within the Twiggs St corridor. Each lot will be developed with a single-family two-story 1650 square feet house. 7 Commission Meeting Agenda 9/6/2022 2:00 PM GDOT FY2023 Local Maintenance and Improvement Grant (LMIG) Project Number: N/A File Reference: 22-014 (A) Department:Engineering Department:Engineering Caption:Motion to approve and authorize Augusta Engineering (AE&ESD) to submit, accept and receive Georgia Department of Transpiration (GDOT) Financial Assistance from GDOT FY2023 Local Maintenance and Improvement Grant (FY2023 LMIG) for Road Improvements & maintenance projects (Listed under Financial Impact Section). requested by AE&ESD. (No recommendation from Engineering Services Committee August 30, 2022) Background:GDOT restructured its State Aid Program and named it as “Local Maintenance and Improvement Grant (LMIG).” LMIG is a formula-based grant from GDOT that is funded through the motor fuel tax. Grant funds are typically used to supplement local projects for road improvements and road resurfacing efforts based on priority. Augusta is eligible to receive approximately $2.35 million through GDOT FY2023 LMIG Program. Analysis:GDOT LMIG financial assistance is critical for completing AED projects such as roadway improvements and maintenance construction projects. This financial assistance is available on a yearly basis. In addition to this yearly assistance, GDOT also provides LMIG funds to AED on as requested basis depending on LMIG additional funds availability on the state level, demonstrated need and local project connectivity to state road system. Financial Impact:Augusta, GA AED will receive $2,349,652.43 in GDOT FY23LMIG. A local funding match of 10% is required. FY23LMIG partially funded AED proposed projects are: i) McNutt Dirt Road Paving; and iii) Resurfacing of Hephzibah-McBean Road (Hwy 56 to Hwy 25). Additional road resurfacing may be added if there is saving in contracted work for listed improvements or additional funding from other sources available. Alternatives:2). Do not approve and loose FY2023 LMIG Funds that are designated for Augusta, Georgia. Recommendation:Approve and authorize Augusta Engineering Department (AED) to submit, accept and receive Georgia Department of Transpiration (GDOT) Financial Assistance from GDOT FY2022 Local Maintenance and Cover Memo Improvement Grant (FY2022 LMIG) for Road & Drainage Improvements & maintenance projects (Listed under Financial Impact Section) as requested by AED. Funds are Available in the Following Accounts: ($234,965) local funding match of 10% to be funded through SPLOST 7 & SPLOST 8 as follows: ($117,482 – SPLOST 7 – 329041110-221829914 / $117,483 SPLOST 8 – 330-041120-222830908) REVIEWED AND APPROVED BY: Cover Memo Revised 07/01/2022 GEORGIA DEPARTMENT OF TRANSPORTATION LOCAL MAINTENANCE & IMPROVEMENT GRANT (LMIG) APPLICATION FOR FISCAL YEAR 2023 TYPE OR PRINT LEGIBLY. ALL SECTIONS MUST BE COMPLETED. LOCAL GOVERNMENT AFFIDAVIT AND CERTIFICATION I, _________________________________________(Name), the_______________________________________(Title), on behalf of __________________________________________________(Local Government), who being duly sworn do swear that the information given herein is true to the best of his/her knowledge and belief. Local Government swears and certifies that it has read and understands the LMIG General Guidelines and Rules and that it has complied with and will comply with the same. Local government further swears and certifies that it has read and understands the regulations for the Georgia Planning Act of 1989 (O.C.G.A. § 45-12-200, et seq.), Service Delivery Strategy Act (O.C.G.A. § 36-70-20, et seq.), and the Local Government Budgets and Audits Act (O.C.G.A. 36-81-7 et seq.) and will comply in full with said provisions. Local government further swears and certifies that the roads or sections of roads described and shown on the local government’s Project List are dedicated public roads and are part of the Public Road System in said county/city. Local government further swears and certifies that it complied with federal and/or state environmental protection laws and at the completion of the project(s), it met the match requirements as stated in the Transportation Investment ACT (TIA). Further, the local government shall be responsible for any claim, damage, loss or expense that is attributable to negligent acts, errors, or omissions related to the designs, drawings, specifications, work and other services furnished by or on behalf of the local government pursuant to this Application (“Loss”). To the extent provided by law, the local government further agrees to hold harmless and indemnify the DEPARTMENT and the State of Georgia from all suits or claims that may arise from said Loss. If the local government fails to comply with these General Guidelines and Rules, or fails to comply with its Application and Certification, or fails to cooperate with the auditor(s) or fails to maintain and retain sufficient records, the DEPARTMENT may, at its discretion, prohibit the local government from participating in the LMIG program in the future and may pursue any available legal remedy to obtain reimbursement of the LMIG funds. Furthermore, if in the estimation of the DEPARTMENT, a roadway or bridge shows evidence of failure(s) due to poor workmanship, the use of substandard materials, or the failure to follow the required design and construction guidelines as set forth herein, the Department may pursue any available legal remedy to obtain reimbursement of the allocated LMIG funds or prohibit local government from participating in the LMIG program until such time as corrections are made to address the deficiencies or reimbursement is made. All projects identified on the Project list shall be constructed in accordance with the Department’s Standard Specifications of Transportation Systems (Current Edition), Supplemental Specifications (Current Edition), and Special Provisions. Local Government: ______________________________ E-Verify Number ____________________________ (Signature) Sworn to and subscribed before me, ____________________________ (Print) This _____ day of_________, 20____. Mayor / Commission Chairperson In the presence of: ____________________________ (Date) NOTARY PUBLIC LOCAL GOVERNMENT SEAL:______________________________ My Commission Expires: NOTARY PUBLIC SEAL: September 6, 2022 Bill Wright, GDOT State Aid Administrator GDOT - One Georgia Center 600 W. Peachtree St., NW, 17th Floor Atlanta, GA 30308 Subject: FY 2023 State Local Maintenance and Improvement Grant (LMIG) Application File Reference: 22-014(A) Dear Mr. Wright: Please find enclosed Augusta, GA Local Maintenance and Improvements Grant (LMIG) Application for FY 2023. Contact information for questions concerning this submittal is listed below: Hameed Malik, Ph.D., PE, Director Augusta, GA Engineering & Environmental Services Department 452 Walker St., Suite 110, Augusta, GA 30901 Telephone: (706) 796-5040 Fax: (706) 796-5045 E-mail: hmalik@augustaga.gov Sincerely, Hardie Davis, Jr. Mayor Enclosure: LMIG Application cc: Matthew Sammons, GDOT District 2 State Aid Coordinator Takiyah Douse, Interim Administrator Hameed Malik, Ph.D., PE, Director - Engineering Lewis Avery, CPA, Assistant Director Finance and Administration, AED Timothy E. Schroer, CPA, Assistant Director – Finance File Commission Meeting Agenda 9/6/2022 2:00 PM Appt. Communty Service Board Department: Department: Caption: Consider a request from the Community Service Board regarding the reappointment of Mr. Thomas J. "Jeff" Drake. Background:Mr. Drake was appointed in March 2020 to fill the board seat vacated by the resignation of Lonnie "Jim" Showman in August 2019. The term expired June 30, 2022. Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 9/6/2022 2:00 PM 2022 Employee Retention Plan Department:Augusta Commission Department:Augusta Commission Caption:Discuss the Employees Retention Plan. (Requested by Commissioner Ben Hasan) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 9/6/2022 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