Loading...
HomeMy WebLinkAbout2021-05-25 Meeting AgendaEngineering Services Committee Meeting Virtual/Teleconference- 5/25/2021- 1:10 PM ENGINEERING SERVICES 1.Approve Supplement Construction Contract (SA2) to E R Snell Contactor, Inc. in the amount of $75,715.73 for completing supplemental roadway needed Improvements in conjunction with Transportation Investment Act (TIA) Project, 15th Street Pedestrian Improvements Project as requested by AED. Bid 18- 260 Attachments 2.Motion to approve the purchase of Trimble GPS equipment for Utilities field data collection in the amount of $35,273.50. Attachments 3.Consider approving the deed of dedication and maintenance agreement for Brookstone North. Attachments 4.Consider proposal from Constantine Engineering to provide engineering services to design the Utilities Department’s Fort Gordon West Trunk Sanitary Sewer Upgrade project at a cost of $337,000.00. Attachments 5.Motion to approve entering into Contract Agreement with the Georgia Department of Transportation (GDOT) for Acquisition of Right of Way State-Aid or Federal-Aid James Brown Blvd. Phase III sidewalks (Twiggs to Laney Walker Blvd.) Project (PI #0013707). Also authorize Augusta Mayor and Clerk of Commission to execute “Resolution of the Local Government” Document and Georgia E-Verify Affidavit. Requested by AED. Attachments 6.Consider approving and accepting the water and sanitary sewer deed of dedication and maintenance agreement for Laurel Park, Phase 1. Attachments 7.Attachments Motion to approve the minutes of the Engineering Services Committee held on May 11, 2021. 8.Motion to determine that Spellman Lane, as shown on the attached map has ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the best public interest, and to receive as information the results of the public hearing held regarding the issue of abandonment pursuant to O.C.G.A. §32-7-2, with the abandoned property to be quit-claimed to the appropriate party(ies), as provided by law and an easement to be retained over the entire abandoned portion for existing or future utilities as directed by Augusta Engineering Department and Augusta Utilities Department and adopt the attached Resolution. Attachments 9.Consider approval of a change order in the amount of $63,425 to ZEL Engineers, Inc. for the scope addition which will include additional Engineering services. Attachments 10.Discuss the placement of speed bumps in residential neighborhoods. (Requested by Commissioner Ben Hasan)Attachments 11.Motion to approve a change order in the amount of $359,000 to Blair Construction, Inc. for the additional services that were required on the Rocky Creek Force Main project. (Bid #19--201 - Purchase Order 19UTI790) Attachments 12.Motion to approve a summary change order in the amount of $287,044.33 to BRW Construction Group, LLC for the additional construction services needed on the Rocky Creek Pump Station project. Attachments 13.Consider approving the deed of dedication, maintenance agreement and transfer of easement rights for Sims Landing, Phases I and II. Attachments 14.Approve the installation of 5 street lights along Dakar Drive with an annual cost of $1,627.20. Also approve the creation of a new lighting fee district for the parcels along Dakar Drive. Funding is available in Street Lighting budget account #276041610-5312310. Attachments 15.Approve the installation of 31 street lights within Haynes Station Phase 11 with an annual cost of $9,988.20. Also approve the creation of a new lighting fee district for the parcels within Haynes Station Phase 11. Funding is available in Street Lighting budget account #276041610-5312310. Attachments www.augustaga.gov Engineering Services Committee Meeting 5/25/2021 1:10 PM 15th Street Pedestrian Improvements Project (John C Calhoun to Central Ave) Supplemental Improvements TIA Project#RC07-000146/PI#0011408 Bid #18-260 File Reference: 21 – 014(T) Department:Engineering Presenter: Caption:Approve Supplement Construction Contract (SA2) to E R Snell Contactor, Inc. in the amount of $75,715.73 for completing supplemental roadway needed Improvements in conjunction with Transportation Investment Act (TIA) Project, 15th Street Pedestrian Improvements Project as requested by AED. Bid 18- 260 Background:Currently, E.R. Snell Contactor, Inc. is under contract with Augusta, GA for Transportation Investment Act (TIA) Project, 15th Street Pedestrian Improvements. The Augusta Commission awarded this contract on December 15, 2018. During construction phase additional improvements around 15th Street / Laney Walker Blvd. intersection area were identified . Work included additional curbing, sidewalks and stripping. To keep project on schedule and avoid standby time expenses, AED proceeded with this work. Analysis:E.R. Snell Contractor, Inc. is currently under contract with Augusta, GA/Augusta Engineering for 15th Street Pedestrian Improvements work and the cost provided of $75,715.73 for additional improvements. This cost was analyzed and determined to be reasonable and cost effective for the type of work being performed. Financial Impact:Funds are available in the amount of $49,436 Project SPLOST VI funds and $26,280 TIA discretionary funds. Alternatives:1) Not proposed. Recommendation:Approve Supplement Construction Contract (SA2) to E R Snell Contactor, Inc. in the amount of $75,715.73 for completing Cover Memo Item # 1 supplemental roadway needed Improvements in conjunction with Transportation Investment Act (TIA) Project, 15th Street Pedestrian Improvements Project as requested by AED. Bid 18- 260. Funds are Available in the Following Accounts: SPLOST VI 328-041110-5414110 / 210328103-5414110 ($49,436) TIA Discretionary 235-041110-5414110 / T15041142-5414110 ($26,280) REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 1 Attachment number 1 \nPage 1 of 1 Item # 1 Augusta-Richmond County, Georgia BE IT ORDAINED by the Commission-Council of Augusta-Richmond County, Georgia that the following Capital Project Budget is hereby adopted: Section 1: This project is set up and authorized to CPB#371-041110-T15040146 to Supplement Construction in the amount of $75,716 to E R Snell Contractor for the 15th Street Pedestrian Improvements Project. Funding is in the project TIA Discretionary and SPLOST VI funds. Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. SPLOST Phase VI 373,510$ SPLOST Phase VI 382,610$ TIA Discretionary 109,080$ TIA Funds 5,652,600$ TIA Funds 93,480$ TIA Discretionary 87,980$ TIA Discretionary 26,280$ SPLOST Phase VI 49,436$ 6,774,976$ Section 3: Copies of this Capital Project Budget shall be made available to the Comptroller for direction in carrying out this project. Adopted this ____________________ day of ______________________. Approved _________________________________________________ Original-Commission Council Office Copy-Engineering Department Copy-Finance Department Copy-Procurement Department CPB#371-041110-T15040146 Honorable Hardie Davis, Jr., Mayor CAPITAL PROJECT BUDGET 15th Street Pedestrian Improvements 1 of 4 5/14/2021 Attachment number 2 \nPage 1 of 4 Item # 1 Augusta-Richmond County, Georgia CPB#371-041110-T15040146 CAPITAL PROJECT BUDGET 15th Street Pedestrian Improvements CPB AMOUNT CPB NEW SOURCE OF FUNDS CPB ADDITION CPB SPLOST PHASE VI (373,510)$ (49,436)$ (422,946)$ 328-041110-5414110 210328103 SPLOST PHASE VI (382,610)$ (382,610)$ 328-041110-5414110 210328103 TIA DISCRETIONARY (197,060)$ (26,280)$ (223,340)$ 235-041110-5414110 T15041142 TIA Funds (5,746,080)$ (5,746,080)$ 371-041110-T15040146 TOTAL SOURCES:(6,699,260)$ (75,716)$ (6,774,976)$ USE OF FUNDS ENGINEERING 328-041110-5414110 756,120$ 49,436$ 805,556$ TIA DISCRETIONARY 197,060$ 26,280$ 223,340$ 235-041110-5414110 TIA FUNDS 5,746,080$ 5,746,080$ TOTAL USES:6,699,260$ 75,716$ 6,774,976$ 2 of 4 5/14/2021 Attachment number 2 \nPage 2 of 4 Item # 1 3 of 4 5/14/2021 Attachment number 2 \nPage 3 of 4 Item # 1 4 of 4 5/14/2021 Attachment number 2 \nPage 4 of 4 Item # 1 Engineering Services Committee Meeting 5/25/2021 1:10 PM Approval of the purchase of Trimble GPS equipment for Utilities field data collection in the amount of $35,273.50 Department:Utilities Presenter:Wes Byne Caption:Motion to approve the purchase of Trimble GPS equipment for Utilities field data collection in the amount of $35,273.50. Background:The 5 year lease for the currently used GPS equipment that was approved by the Commission in 2015 has now ended. Augusta Utilities Department (AUD) would now like to upgrade our current GPS equipment so that it is more closely integrated with ArcGIS and CityWorks. In the past, the use of stand-alone data collection devices was the best-practices standard for collecting the field data utility departments sought to catalog and preserve. Such was the avenue pursued by AUD and other public utilities. Leveraging existing, on-site software from ArcGIS, the Utilities department seeks to implement a streamlined approach to field data collection that not only increases spatial accuracy of their assets but relieves office personnel from the burden of tedious software administration. Analysis:Field data collection and validation is integral to the accuracy on which AUD depends on a daily basis. AUD’s maps become more accurate and more insight is gained about the water and wastewater system overall. AUD has invested resources over the years to stay on the cutting edge of GPS technologies in order to achieve a high standard of accuracy. While the current configuration of GPS hardware and data processing software is accurate it is also very time consuming for office staff. Advances in software integrations has led AUD to propose purchasing three GPS data collector set-ups that will utilize published maps and ArcGIS software from the City’s IT department. In so doing, the field collection units will be connected to a real-time database that stores the entered points and attribution that can be seen by office staff almost instantly at a reduced overall cost. This setup has already been tested with the help of our Trimble vendor, Navigation Electronics, Inc. Cover Memo Item # 2 (NEI), with great success. Our office staff has already seen tremendous dividends of this new process in time savings alone, freeing them to do other necessary tasks. This simplified process allows for more wireless transmission of data to reduce the need for staff to meet and transfer date from the equipment, but it will also help keep our staff productive if staffing levels are affected due to COVID19. Financial Impact:Funding in the amount of $35,273.50 is available from accounts: 506043110-5424510 Alternatives:The Commission could elect to not approve this equipment purchase. Recommendation:We recommend approval of the purchase of Trimble GPS equipment for Utilities field data collection. Funds are Available in the Following Accounts: Funding in the amount of $35,273.50 is available from accounts: 506043110-5424510 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 2 AUGUSTA UTILITIES DEPT Tommy Carpenter tcarpenter@augustaga.gov (M) (706) 513-2435 (O) (706) 312-4150 BILL TO 535 Telfair St. Ste 800 Building 100 AUGUSTA, GA 30901 SHIP TO 535 Telfair St. Ste 800 Building 100 AUGUSTA, GA 30901 Sub Total $ 35,273.50 Grand Total $ 35,273.50 Navigation Electronics, Inc 3575 Koger Blvd., Suite 140 Duluth, GA 30096 Jeannine Hightower Quote #: Q7323Date: April 20, 2021 jeannine@neigps.com Georgia MGIS Sales 770-729-8005 Line Part Number Description Qty Price Total 1.R2 RTK Rover R2-101-00 Trimble R2, single receiver; R2-CFG-001-43 Trimble R2 Configuration Level - Centimeter mode; 101071- 00-01 Trimble Geospatial Accessory - Power Supply and Power Cord for Dual Battery Charger (North America) 3 $ 12,095.00 $ 36,285.00 2.55910-50 MGIS US Trade-In Credit Trading in (3) Geo7X CM Kits (no software) Trade-In Offer expires 05/28/2021 3 $ -2,500.00 $ -7,500.00 3.117057 Trimble TDC600 Worldwide 3 $ 1,495.00 $ 4,036.50 4.106735-00 Trimble Accessory - Range Pole Bracket 3 $ 155.00 $ 418.50 5.NEI 2300GEO-TT R2/TDC600 Custom Case 3 $ 355.00 $ 958.50 6.NEIYSUP 1 Year NEI Support (includes phone support and access to support website) 1 $ 475.00 $ 475.00 7.PROFSERVGIS NEI GIS Professional Services (Per hour, four hour minimum). Includes: basic setup and orientation for Trimble TerraSync, TerraFlex, or Collector for GIS. This includes setup of the organization, users, real-time configurations, form creation, data review, and export. 4 $ 150.00 $ 600.00 Attachment number 1 \nPage 1 of 3 Item # 2 Purchase orders should be addressed to: Navigation Electronics, Inc 124 Toledo Dr. Lafayette, LA 70506 Please email a copy of your order to: jeannine@neigps.com Quote: Q7323 FOB: Origin, customer pays all shipping costs Terms: Net 30 Delivery: 5 Days ARO Valid Until: May 28, 2021 NEI is a Certified Woman Owned Small Business Attachment number 1 \nPage 2 of 3 Item # 2 Order Placement Procedures Complete and Sign this Quotation Sign this quotation and return via email or facsimile before the expiration date: May 28, 2021 Complete Lease Agreement If this order is to be leased, complete the lease agreement sent to you, following the enclosed instructions. Order fulfillment will start after the lease is approved. Please note that due to fluctuations in interest rates, leasing terms cannot be guaranteed, contact House Account to lock in rates. Credit Card Payment If you would like to pay with a credit card, please contact the Main Office at 337-237-1413 or 800-949-1446 Quote # Q7323 Client Representative X________________________________________ Approved By (Signature) X________________________________________ Approved By (Name) _________________________________________ Date Purchase Order Number Attachment number 1 \nPage 3 of 3 Item # 2 Attachment number 2 \nPage 1 of 1 Item # 2 Attachment number 3 \nPage 1 of 1 Item # 2   Trimble Navigation Limited  10368 Westmoor Drive  Westminster, CO 80021  United States        December 4, 2020      To Whom It May Concern: Subject: Trimble Mapping & GIS Dealer for State of Georgia, Trimble Navigation Ltd is the only manufacturer of Trimble Hardware and Software. Navigation Electronics, Inc. is the sole authorized Trimble Mapping/GIS Dealer in the State of Georgia. Contractual agreements limit our dealers to sell in a specific geographic territory for the purpose of local support for customers. There are no other authorized Trimble Mapping & GIS dealers for Georgia. Trimble Mapping/GIS dealers are strategically located throughout the United States and sell in designated territories in which they are responsible for the sale, service, support and training of our GNSS solutions. I hope this information assists you. Please do not hesitate to contact me if you have any questions.      Regards,        Sean K. Chard  Geospatial Channel Manager – Southeast Region  Trimble Navigation Ltd.  Cell:  408.480.5483  Email:   sean_chard@trimble.com    Attachment number 4 \nPage 1 of 1 Item # 2 Engineering Services Committee Meeting 5/25/2021 1:10 PM Brookstone North Water & Sanitary Sewer Dedication Documents Department:Utilities Presenter:Wes Byne Caption:Consider approving the deed of dedication and maintenance agreement for Brookstone North. Background:The final plat, for Brookstone North, was approved in December of 2019. The water and sanitary sewer systems have been inspected by the Utilities Department and passed said inspections. Analysis:Brookstone North has met all codes, ordinances and standards. Acceptance of this deed shall dedicate, as required, the water and sanitary sewer mains along with the applicable easements, to Augusta, for operation and maintenance. Financial Impact:By acceptance of the deed of dedication and maintenance agreement, all future maintenance and associated costs, after the expiration of the maintenance agreement, will be borne by Augusta. Positive revenue will be generated by the sale of water and sanitary sewer taps and the monthly billings. Alternatives:Do not approve the deed of dedication and maintenance agreement. Recommendation:Approve the deed of dedication and maintenance agreement. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Cover Memo Item # 3 Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 3 Attachment number 1 \nPage 1 of 5 Item # 3 Attachment number 1 \nPage 2 of 5 Item # 3 Attachment number 1 \nPage 3 of 5 Item # 3 Attachment number 1 \nPage 4 of 5 Item # 3 Attachment number 1 \nPage 5 of 5 Item # 3 Attachment number 2 \nPage 1 of 3 Item # 3 Attachment number 2 \nPage 2 of 3 Item # 3 Attachment number 2 \nPage 3 of 3 Item # 3 At t a c h m e n t n u m b e r 3 \ n P a g e 1 o f 5 It e m # 3 At t a c h m e n t n u m b e r 3 \ n P a g e 2 o f 5 It e m # 3 At t a c h m e n t n u m b e r 3 \ n P a g e 3 o f 5 It e m # 3 At t a c h m e n t n u m b e r 3 \ n P a g e 4 o f 5 It e m # 3 At t a c h m e n t n u m b e r 3 \ n P a g e 5 o f 5 It e m # 3 Engineering Services Committee Meeting 5/25/2021 1:10 PM Fort Gordon West Trunk Sanitary Sewer Upgrade Department:Utilities Presenter:Wes Byne Caption:Consider proposal from Constantine Engineering to provide engineering services to design the Utilities Department’s Fort Gordon West Trunk Sanitary Sewer Upgrade project at a cost of $337,000.00. Background:Augusta Utilities Department (AUD) is the contracted water, sanitary sewer, and irrigation utility provider for Fort Gordon. Fort Gordon is undergoing a post-wide transformation with extensive new construction on the west side of post. This growth requires upgrading the West Trunk Sanitary Sewer. The cost for Constantine Engineering’s services will be covered within AUD’s renewal and replacement budget paid by Fort Gordon. Analysis:Based upon their qualifications as preapproved consultants under RFQ #18-132 Engineering Consultant Services for Utilities, the Utilities Department recommends contracting with Constantine Engineers to perform professional services to design the Fort Gordon West Trunk Sanitary Sewer Upgrade. Utilities Department requests approval in the amount of $337,000.00 to fund the proposed services. Financial Impact:$337,000.00 funds are available from the following accounts: 507043420-5212115 / 88880250-5212115 Alternatives:No alternatives are recommended. Recommendation:Recommend approval for Utilities Department to contract with Constantine Engineers for the proposed services in the amount of $337,000.00.Cover Memo Item # 4 Funds are Available in the Following Accounts: Funds are available in the following accounts: 507043420- 5212115 / 88880250-5212115. REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 4 1 OF 28 REVISION DATE: September 2017 STATE OF GEORGIA RICHMOND COUNTY MAJOR PROJECTS CONSULTANT SERVICES AGREEMENT BETWEEN AUGUSTA, GEORGIA (CITY) AND CONSULTANT CONSULTANT: Constantine Engineering PROJECT: Fort Gordon West Trunk Sanitary Sewer Upgrade DATE EXECUTED: DATE COMPLETED: Attachment number 1 \nPage 1 of 28 Item # 4 2 OF 28 REVISION DATE: September 2017 STATE OF GEORGIA RICHMOND COUNTY MAJOR PROJECTS CONSULTANT SERVICES AGREEMENT BETWEEN AUGUSTA, GEORGIA (CITY) AND CONSULTANT This Agreement is made and entered into this ______ day of _ ___________, 2021 by and between AUGUSTA, Georgia, a political subdivision of the State of Georgia, hereinafter called the “CITY” and Constantine Engineering, a Corporation authorized to do business in Georgia, hereinafter called the "CONSULTANT." WHEREAS, the CITY desires to engage a qualified and experienced consulting firm to furnish professional services for: and, WHEREAS, the CONSULTANT has represented to the CITY that it is experienced and qualified to provide the services contained herein and the CITY has relied upon such representation. NOW, THEREFORE, in consideration of the mutual promises and covenant herein contained, it is agreed by and between the CITY and the CONSULTANT that: Attachment number 1 \nPage 2 of 28 Item # 4 3 OF 28 REVISION DATE: June 2011 GENERAL PROVISIONS CONSULTANT has agreed, in this Agreement with CITY to procure the services of licensed design professionals, to provide the engineering services required to provide professional engineering and design services for the Project in accordance with the requirements as outlined in and attached as Attachment A – Scope of Services and other relevant data defining the Project. CONSULTANT COORDINATION The CONSULTANT shall cooperate fully with all municipalities, local government officials, utility companies, and other consultants as directed by the CITY. CONSULTANT and all relevant parties agree to work together on the basis of trust, good faith and fair dealing, and shall take actions reasonably necessary to enable each other to perform this Agreement in a timely, efficient and economical manner. All parties agree to cooperate in a manner consistent with good design practice and will exercise the degree of skill and diligence normally employed by professional engineers or consultants practicing under similar conditions. CONSULTANT will re-perform any services not meeting this standard without additional compensation. AMENDMENTS TO AGREEMENT Every amendment to the Scope of Services shall become and is hereby made a part of this Agreement. Amendments must be fully executed by both the CONSULTANT and CITY to be valid. REDUCTION IN REQUIRED SERVICES If reductions in the required services are ordered by CITY, the credits shall be the amounts for such services as described in subsequently executed Amendments to this Agreement, and no claim for damages for anticipated profits shall accrue to the CONSULTANT. DATE CHANGES If in this Agreement specific periods of time for rendering services are set forth or specific dates by which services are to be completed are provided and if such periods of time or dates are changed through no fault of CONSULTANT, the rates and amounts of compensation provided for herein shall be subject to equitable adjustment. AGREEMENT MODIFICATIONS This Agreement shall not be modified except by a duly executed Amendment hereto in writing under the hands and seals of both parties hereto. TIME OF COMPLETION The time of completion shall be as described in the schedule attached hereto as Attachment D - Schedule. Attachment number 1 \nPage 3 of 28 Item # 4 4 OF 28 REVISION DATE: June 2011 This Agreement shall terminate immediately and absolutely at such time as appropriated and otherwise obligated funds are no longer available to satisfy the obligations of the CONSULTANT on behalf of the CITY under this Agreement. However, CONSULTANT will be compensated for all work prior to termination of contract even if the CITY has obligated the funds to other projects. PROJECT PROGRESS CONSULTANT'S services and compensation under this Agreement have been agreed to in anticipation of the orderly and continuous progress of the Project through completion. LITIGATION Nothing in this Agreement shall be construed as obligating the CONSULTANT to appear, support, prepare, document, bring, defend or assist in litigation either undertaken or defended in behalf of the CITY except in consideration of compensation. All such services required or requested of CONSULTANT by the CITY except suits or claims between the parties to this Agreement will be reimbursed as additional services. BINDINGS It is further agreed that the CITY and CONSULTANT each binds itself and themselves, its or their successors, executors, administrators and assigns to the other party to this Agreement and to its or their successors, executors and assigns in respect to all covenants of this Agreement. Except as above, neither CITY nor the CONSULTANT shall assign, sublet or transfer its or their interest in this Agreement without prior written consent of the other party hereto. EXTENT OF THE AGREEMENT This Agreement represents the entire agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations and agreements, either written or oral. Attachment number 1 \nPage 4 of 28 Item # 4 5 OF 28 REVISION DATE: June 2011 DEFINITIONS Wherever used in this Agreement, whether in the singular or in the plural, the following terms shall have the following meanings: Agreement Execution - means the date on which CONSULTANT executes and enters into an Agreement with CITY to perform the Work. Agreement Price - means the total monies, adjusted in accordance with any provision herein, payable to the CONSULTANT under this Agreement. CITY –means a legal entity AUGUSTA, Georgia, a political subdivision of the State of Georgia. CONSULTANT - means the party or parties contracting directly with the CITY to perform Work pursuant to this Agreement. Contract - means the Agreement Documents specifically identified and incorporated herein by reference. Contract Time - means the period of time stated in this Agreement for the completion of the Work. Subcontractor - means any person, firm, partnership, joint venture, company, corporation, or entity having a contractual agreement with CONSULTANT or with any of its subcontractors at any tier to provide a part of the Work called for by this Agreement. Supplemental Agreement - means a written order to CONSULTANT signed by CITY and accepted by CONSULTANT, effecting an addition, deletion or revision in the Work, or an adjustment in the Agreement Price or the Contract Time, issued after execution of this Agreement. Task Order – means a written order specifying a Scope of Services, time of completion and compensation limit for services being provided by CONSULTANT. Task Orders shall be incorporated by reference as part of the Supplemental Conditions of this Agreement. Work - means any and all obligations, duties and responsibilities, including furnishing equipment, engineering, design, workmanship, labor and any other services or things necessary to the successful completion of the Project, assigned to or undertaken by CONSULTANT under this Agreement. Attachment number 1 \nPage 5 of 28 Item # 4 6 OF 28 REVISION DATE: June 2011 CONTRACT DOCUMENTS List of Documents The Agreement, the General Conditions, the Attachments, and any Supplemental Agreements, including Task Orders shall constitute the Agreement Documents (the “Agreement”). Conflict and Precedence The Agreement Documents are complementary, and what is called for by one is as binding as if called for by all. In the event there are any conflicting provisions or requirements in the component parts of this Agreement, the several Agreement Documents shall take precedence in the following order: 1. Agreement – Including Attachments 2. General Conditions 3. Supplemental Conditions – Including Task Orders Attachment number 1 \nPage 6 of 28 Item # 4 7 OF 28 REVISION DATE: June 2011 GENERAL CONDITIONS 1. COMMENCEMENT OF WORK The performance of services as defined in the Prime Agreement between CONSULTANT and the CITY, and herein described in this Agreement as Attachment A shall be commenced upon receipt by the CONSULTANT of a written Notice To Proceed. The effective date of services shall be defined in the Notice To Proceed. 2. PROFESSIONAL STANDARDS The standard of care for all services performed or furnished by CONSULTANT under this Agreement will be the level of care and that is ordinarily used by members of CONSULTANT’S profession practicing under similar conditions. 3. CHANGES AND EXTRA WORK The CITY may, at any time, request changes in the work to be performed hereunder. All such changes, including any increase or decrease in the amount of the CONSULTANT’s compensation, which are mutually agreed upon by and between the CITY and the CONSULTANT, shall be incorporated in written Supplemental Agreements to the Agreement. Changes that involve an increase in the compensation shall be considered major, and require the approval of the CITY. 4. PERSONNEL The CONSULTANT represents that it has secured or will secure, at its own expense, all personnel necessary to complete this Agreement; none of whom shall be employees of, or have any contractual relationship with, the CITY. All of the services required hereunder will be performed by the CONSULTANT under its supervision, and all personnel engaged in the work shall be qualified and shall be authorized or permitted under law to perform such services. All key professional personnel, including subcontractors, engaged in performing services for the CONSULTANT under this agreement are indicated in a personnel listing attached hereto as Attachment C – Listing of Key Personnel and incorporate herein by reference. No changes or substitution shall be permitted in the CONSULTANT’s Key Personnel without the prior written approval of the CITY or his designee. The CONSULTANT shall employ only persons duly registered in the appropriate category in responsible charge of supervision and design of the work. The CONSULTANT shall endorse all reports, contract plans, and survey data. Such endorsements shall be made by a person duly registered in the appropriate category by the Georgia State Board of Registration for Professional Engineers and Land Surveyors, being in the full employ of the CONSULTANT and responsible for the work prescribed by this Agreement. Attachment number 1 \nPage 7 of 28 Item # 4 8 OF 28 REVISION DATE: June 2011 5. ACCURACY OF WORK The CONSULTANT shall be responsible for the accuracy of the work and shall promptly correct errors and omissions in its plans and specifications without additional compensation. The CONSULTANT shall give immediate attention to these changes so there will be a minimum of delay to others. Acceptance of the work by the CITY will not relieve the CONSULTANT of the responsibility for subsequent correction of any errors and the clarification of any ambiguities. 6. CONFIDENTIALITY The CONSULTANT agrees that its conclusions and any reports are for the confidential use and information of the CITY and that it will not disclose its conclusions in whole or in part to any persons whatsoever, other than to submit its written documentation to the CITY, and will only discuss the same with it or its authorized representatives. Upon completion of this Agreement term, all documents, drawings, reports, maps, data and studies prepared by the CONSULTANT pursuant thereto shall become the property of the CITY and be delivered thereto. Articles, papers, bulletins, reports, or other materials reporting the plans, progress, analyses, or results and findings of the work conducted under this Agreement shall not be presented publicly or published without prior approval in writing of the CITY. It is further agreed that if any information concerning the PROJECT, should be released by the CONSULTANT without prior approval from the CITY, the release of same shall constitute grounds for termination of this Agreement without indemnity to the CONSULTANT, but should any such information be released by the CITY or by the CONSULTANT with such prior approval, the same shall be regarded as public information and no longer subject to the restrictions of this Agreement. 7. OPEN RECORDS CONSULTANT acknowledge that all records relating to this Agreement and the services to be provided under the contract may be a public record subject to Georgia’s Open Records Act (O.C.G.A. § 50-18-70, et seq.). CONSULTANT shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. 8. JURISDICTION The law of the State of Georgia shall govern the CONTRACT between CITY and CONSULTANT with regard to its interpretation and performance, and any other claims related to this agreement. All claims, disputes and other matters in question between CITY and CONSULTANT arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The CONSULTANT, 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. Attachment number 1 \nPage 8 of 28 Item # 4 9 OF 28 REVISION DATE: June 2011 9. TERMINATION OF AGREEMENT FOR CAUSE If through any cause, the CONSULTANT shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the CONSULTANT shall violate any of the covenants, agreements or stipulations of this Agreement, CONSULTANT will be given the opportunity to commence correction of obligation within 5 days of written notice and diligently complete the correction thereafter. Failure to maintain the scheduled level of effort as proposed and prescribed, or deviation from the aforesaid schedule without prior approval of the CITY, shall constitute cause for termination. The CITY shall thereupon have the right to terminate this Agreement by giving written notice to the CONSULTANT of such termination, and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In such event, all finished or unfinished documents, maps, data, studies, work papers and reports prepared by the CONSULTANT under this Agreement shall become the property of the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents, as mutually agreed by the CITY and CONSULTANT. 10. TERMINATION FOR CONVENIENCE OF THE CITY The CITY may terminate this contract in part or in whole upon written notice to the CONSULTANT. The CONSULTANT shall be paid for any validated services under this Contract up to the time of termination. 11. COORDINATION AND COOPERATION WITH OTHER UTILITIES AND CONSULTANTS CONSULTANT shall thoroughly research all utility records to identify the existing facilities on the submitted roadway plans for avoidance, or resolution, of conflicts with the proposed Scope of Services. If the CITY undertakes or awards other contracts for additional related work, the CONSULTANT shall fully cooperate with such other CONSULTANTs and the CITY employees or appointed committee(s), and carefully fit its own work to such additional work as may be directed by the CITY. The CONSULTANT shall not commit or permit any act which will interfere with the performance of work by any other CONSULTANT or by CITY employees. 12. COVENANT AGAINST CONTINGENT FEES The CONSULTANT 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 CONSULTANT for the purpose of securing business and that the CONSULTANT has not received any non-CITY fee related to this Agreement without the prior written consent of the CITY. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability or at its discretion to deduct from the Agreement Price of consideration the full amount of such commission, percentage, brokerage or contingent fee. Attachment number 1 \nPage 9 of 28 Item # 4 10 OF 28 REVISION DATE: June 2011 13. RESPONSIBILITY FOR CLAIMS AND LIABILITY The CONSULTANT shall be responsible for any and all damages to properties or persons caused by its employees, subcontractors, or agents, and shall hold harmless the CITY, its officers, agents and employees from all suits, claims, actions or damages of any nature whatsoever to the extent found to be resulting from the CONSULTANT, its subcontracts, or agent in the negligent performance or non-performance of work under this Agreement. These indemnities shall not be limited by reason of the listing of any insurance coverage. 14. INSURANCE The CONSULTANT shall, at all times that this Agreement is in effect, cause to be maintained in force and effect an insurance policy(s) that will ensure and indemnify the CITY against liability or financial loss resulting from injuries occurring to persons or property or occurring as a result of any negligent error, act, or omission of the CONSULTANT in performance of the work during the term of this Agreement. The CONSULTANT shall provide, at all times that this agreement is in effect, Worker's Compensation insurance in accordance with the laws of the State of Georgia. The CONSULTANT shall provide, at all times that this Agreement is in effect, Insurance with limits of not less than: A. Workmen’s Compensation Insurance – in accordance with the laws of the State of Georgia. B. Public Liability Insurance – in an amount of not less that One Million ($1,000,000) Dollars for injuries, including those resulting in death to any one person, and in an amount of not less than One Million ($1,000,000) Dollars on account of any one occurrence. C. Property Damage Insurance – in an amount of not less than One Million ($1,000,000) Dollars from damages on account of an occurrence, with an aggregate limit of One Million ($1,000,000) Dollars. D. Valuable Papers Insurance – in an amount sufficient to assure the restoration of any plans, drawings, field notes, or other similar data relating to the work covered by the Project. E. Professional Liability Insurance – in an amount of not less than One Million ($1,000,000) Dollars or an amount that correlates to the aggregate fee on the project should it exceed $1,000,000. CITY will be named as an additional insured with respect to CONSULTANT’s liabilities hereunder in insurance coverage’s identified in items (b) and (c). The policies shall be written by a responsible company(s), to be approved by the CITY, and shall be noncancellable except on thirty-(30) days' written notice to the CITY. Such policies shall name the CITY as co-insured, except for worker's compensation and professional liability policies, and a copy of such policy or a certificate of insurance shall be filed with the Director at the time of the execution of this Agreement. Attachment number 1 \nPage 10 of 28 Item # 4 11 OF 28 REVISION DATE: June 2011 15. PROHIBITED INTERESTS 15.1 Conflict of Interest: The CONSULTANT agrees that it presently has no interest and shall acquire no interest, direct or indirect, that would conflict in any manner or degree with the performance of its services hereunder. The CONSULTANT further agrees that, in the performance of the Agreement, no person having such interest shall be employed. 15.2 Interest of Public Officials: No member, officer, or employee of the CITY during his tenure or for one year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. 15.3 Employment of CITY’s Personnel: The CONSULTANT shall not employ any person or persons in the employ of the CITY for any work required by the terms of the Agreement, without the written permission of the CITY except as may otherwise be provided for herein. 16. SUBCONTRACTING The CONSULTANT shall not subcontract any part of the work covered by this Agreement or permit subcontracted work to be further subcontracted without the CITY's prior written approval of the subcontractor. All subcontracts in the amount of $5,000 or more shall include, where possible, the provisions set forth in this Agreement. 17. ASSIGNABILITY The CONSULTANT shall not assign or transfer whether by an assignment or novation, any of its rights, obligations, benefits, liabilities or other interest under this Agreement without the written consent of the CITY. 18. EQUAL EMPLOYMENT OPPORTUNITY During the performance of this Agreement, the CONSULTANT agrees as follows: (1) the CONSULTANT will not discriminate against any employee or applicant for employment because of race, creed, color, sex or national origin; (2) the CONSULTANT will, in all solicitations or advertisements for employees placed by qualified applicants, receive consideration for employment without regard to race, creed, color, sex or national origin; (3) the CONSULTANT will cause the foregoing provisions to be inserted in all subcontracts for any work covered by the Agreement so that such provision will be binding upon each subcontractor, provided that the foregoing provision shall not apply to contracts or subcontracts for standard commercial supplies of raw materials. 19. DRUG FREE WORK PLACE CONSULTANT shall be responsible for insuring that its employees shall not be involved in any manner with the unlawful manufacture, distribution, dispensation, possession, sale or use of a controlled substance in the workplace. For purposes of the policy, “workplace” is defined as CITY Attachment number 1 \nPage 11 of 28 Item # 4 12 OF 28 REVISION DATE: June 2011 owned or leased property, vehicles, and project or client site. Any violation of the prohibitions may result in discipline and/or immediate discharge. CONSULTANT shall notify the appropriate federal agencies of an employee who has a criminal drug statute conviction for workplace violation. CONSULTANT may require drug or alcohol testing of employees when contractually or legally obligated, or when good business practices would dictate. 20. ANTI-KICKBACK CLAUSE Salaries of architects, drafters, engineer’s, and technicians performing work under this Agreement shall be paid unconditionally and not less often than once a month without deduction or rebate on any account except only such payroll deductions as are mandatory by law. The CONSULTANT hereby promises to comply with all applicable "Anti-kickback" laws, and shall insert appropriate provisions in all subcontracts covering work under this Agreement. 21. AUDITS AND INSPECTORS At any time during normal business hours and as often as the CITY may deem necessary, the CONSULTANT shall make available to the CITY and/or audit representatives of the CITY for examination all of its records with respect to all matters covered by this Agreement. It shall also permit the CITY and/or representatives of the audit, examine and make copies, excerpts or transcripts from such records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. The CONSULTANT shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred on the Project and used in support of its proposal and shall make such material available at all reasonable times during the period of the Agreement, and for three years from the date of final payment under the Agreement, for inspection by the CITY or any reviewing agencies, and copies thereof shall be furnished upon request at cost plus 10%. The CONSULTANT agrees that the provisions of this Article shall be included in any Agreements it may make with any subcontractor, assignee, or transferee. 22. OWNERSHIP, PUBLICATION, REPRODUCTION AND USE All documents and materials prepared as an instrument of service pursuant to this Agreement are the property of the CITY. The CITY shall have the unrestricted authority to publish, disclose, distribute, and otherwise use, in whole or in part, any reports, data, maps, or other materials prepared under this Agreement without according credit of authorship. The CITY shall hold harmless the CONSULTANT against all claims arising out of such use of documents and materials without the CONSULTANT’s knowledge and written consent. 23. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of the CITY, either before, during, or after the execution of this Agreement, shall affect or modify any of the terms or obligations herein contained, nor shall such verbal agreement or conversation entitle the Attachment number 1 \nPage 12 of 28 Item # 4 13 OF 28 REVISION DATE: June 2011 CONSULTANT to any additional payment whatsoever under the terms for this Agreement. All changes to this Agreement shall be in writing and appended hereto as prescribed in Article 3 above. 24. INDEPENDENT CONTRACTOR The CONSULTANT shall perform the services under this Agreement as an independent contractor and nothing contained herein shall be construed to be inconsistent with this relationship or status. Nothing in this Agreement shall be interpreted or construed to constitute the CONSULTANT or any of its agents or employees to be the agent, employee, or representative of the CITY. 25. NOTICES All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. Notices shall be addressed as follows: CITY: CONSULTANT: ADMINISTRATOR AUGUSTA, GEORGIA Constantine Engineering 530 Greene Street 608 Broad Street, Suite 2 Augusta, GA 30911 Augusta, GA 30901 Copy to: DIRECTOR AUGUSTA UTILITIES DEPARTMENT 452 Walker Street; Suite 200 Augusta, GA 30901 26. TEMPORARY SUSPENSION OR DELAY OF PERFORMANCE OF CONTRACT To the extent that it does not alter the scope of this agreement, Augusta, GA may unilaterally order a temporary stopping of the work, or delaying of the work to be performed by CONSULTANT under this agreement. 27. DEFECTIVE PRICING To the extent that the pricing provided by CONSULTANT is erroneous and defective, the parties may, by agreement, correct pricing errors to reflect the intent of the parties. 28. SPECIFIED EXCUSES FOR DELAY OR NON-PERFORMANCE CONSULTANT is not responsible for delay in performance caused by hurricanes, tornadoes, floods, and other severe and unexpected acts of nature. In any such event, the contract price and schedule shall be equitably adjusted. 29. HOLD HARMLESS Except as otherwise provided in this agreement, CONSULTANT shall indemnify and hold harmless Augusta, GA, and its employees and agents from and against all liabilities, claims, suits, Attachment number 1 \nPage 13 of 28 Item # 4 14 OF 28 REVISION DATE: June 2011 demands, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from the negligent performance of its Work. 30. GEORGIA PROMPT PAY ACT NOT APPLICABLE The terms of this agreement supersede any and all provisions of the Georgia Prompt Pay Act. 31. RIGHT TO INSPECT PREMISES Augusta, Georgia may, at reasonable times, inspect the part of the plant, place of business, or work site of CONSULTANT or any subcontractor of CONSULTANT or subunit thereof which is pertinent to the performance of any contract awarded or to be awarded by Augusta, Georgia. 32. 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. 33. LOCAL SMALL BUSINESS LANGUAGE In accordance with Chapter 10B of the AUGUSTA, GA. CODE, Contractor 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. Contractor 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. Attachment number 1 \nPage 14 of 28 Item # 4 15 OF 28 REVISION DATE: June 2011 34. ACKNOWLEDGEMENT “Consultant 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, Consultant is deemed to possess knowledge concerning Augusta, Georgia's ability to assume contractual obligations and the consequences of Consultant'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 Consultant may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Consultant agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if the Consultant 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 Consultant. Consultant 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] Attachment number 1 \nPage 15 of 28 Item # 4 16 OF 28 REVISION DATE: June 2011 IN WITNESS WHEREOF, said parties have hereunto set their seals the day and year written below: CITY: CONSULTANT: AUGUSTA, GEORGIA (CITY) Constantine Engineering BY: BY: PRINTED NAME: Hardie Davis, Jr. PRINTED NAME Joey G. Crews AS ITS: MAYOR AS ITS:: Southeast Water Practice Director ATTEST CLERK: ATTEST: PRINTED NAME: PRINTED NAME Jeffrey L Duplantis AS ITS: Clerk of Commission AS ITS:: Client Service Manager DATE: DATE: Copy To: DIRECTOR AUGUSTA UTILITIES DEPARTMENT 452 Walker Street, Suite 200 Augusta, GA 30901 Attachment number 1 \nPage 16 of 28 Item # 4 17 OF 28 REVISION DATE: June 2006 CONSULTANT’S RESPONSIBILITIES CONSULTANT , in order to determine the requirements of the Project, shall review the information in Attachment A – Scope of Services. CONSULTANT shall review its understanding of the Project requirements with CITY and shall advise CITY of additional data or services which are not a part of CONSULTANT’s services, if any, necessary for design to begin. PROJECT UNDERSTANDING Upon request from the CONSULTANT, CITY may provide all criteria and full information as to CITY's and CONSULTANT'S requirements for this part of the project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expendability, and any budgetary limitations. CONSULTANT may request from the CITY to furnish data, reports, surveys, and other materials that may be relied upon in performing CONSULTANT'S services. REVIEW OF WORK Authorized representatives of the CITY may at all reasonable times review and inspect the project activities and data collected under the Agreement and amendments thereto. All reports, drawings, studies, specifications, estimates, maps and computation prepared by or for the CITY in association with this Agreement shall be subject to review. The CITY may at any time request progress reports, prints or copies of any work performed under this Agreement. Refusal by the CONSULTANT to submit progress reports and/or plans shall be cause to withhold payment to the CONSULTANT until the CONSULTANT complies with the CITY’s request in the regard. The CITY’s review recommendations shall be incorporated into the plans by the CONSULTANT. CONSULTANT'S INSURANCE CONSULTANT will maintain throughout this AGREEMENT the following insurance limits as specified in General Condition 14 – Insurance. Attachment number 1 \nPage 17 of 28 Item # 4 18 OF 28 REVISION DATE: June 2011 CITY’S RESPONSIBILITES CITY-FURNISHED DATA CITY will provide to CONSULTANT all data in CITY's possession relating to CONSULTANT's services on the PROJECT. CONSULTANT will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by CITY. RIGHT TO ENTER The CONSULTANT will notify all property owners or occupants of the intent to enter properties for the purpose of accomplishing work in accordance with the practices of the CITY. The CONSULTANT shall discuss with and receive approval from the CITY prior to sending notices of intent to enter private property. Upon request by the CONSULTANT, the CITY will provide the necessary documents identifying the CONSULTANT as being in the employ CITY for the purpose described in the Agreement. ADVERTISEMENTS, PERMITS, AND ACCESS Unless otherwise agreed to in the Scope of Services, CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights-of-way, and access necessary for CONSULTANT's services or PROJECT construction. TIMELY REVIEW CITY will examine CONSULTANT's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as CITY deems appropriate; and render in writing decisions required by CITY in a timely manner. PROMPT NOTICE CITY will give prompt written notice to CONSULTANT whenever CITY observes or becomes aware of any development that affects the scope or timing of CONSULTANT's Services, or of any defect in the work of CONSULTANT or construction contractors. CITY'S INSURANCE CITY will maintain property insurance on all pre-existing physical facilities associated in any way with the PROJECT. LITIGATION ASSISTANCE The Scope of Services does not include costs of CONSULTANT for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by CITY. All such Services required or requested of CONSULTANT by CITY, except for suits or claims between the parties to this AGREEMENT, will be reimbursed as additional services. Attachment number 1 \nPage 18 of 28 Item # 4 19 OF 28 REVISION DATE: June 2011 ATTACHMENT A – SCOPE OF SERVICES Purpose The purpose of this Scope of Services is to authorize and direct CONSULTANT (Constantine Engineering) to provide professional services relating to the design of the proposed sanitary sewer upgrades for the Fort Gordon West Trunk Sanitary Sewer Upgrade project. Scope of Services The scope of services for this project includes the following: Task 1 - Preliminary Design Preliminary Design will include services related to establishing the sanitary sewer route, sanitary sewer pipe sizing based upon flow projections, preparation of a preliminary cost estimate, and development of a technical memorandum. The following services are included: a. Conduct a kickoff meeting and a review meeting; with preparation of meeting minutes for each meeting. b. Perform a detailed review of available reports, studies, and other pertinent information. c. Perform a field recon for sanitary sewer routing. Identify topographic ground elevations, existing utility locations, and other physical feature information for design purposes. d. Establish final design criteria. e. Research available property information and other relevant data. Confirm sanitary sewer routing. Consideration will be given to accessibility, rock, utility conflicts, permitting difficulty, and other pertinent factors. f. Prepare preliminary schematics of the proposed route. g. Prepare preliminary hydraulic calculations for the sanitary sewer. h. Prepare a preliminary opinion of probable project costs and update the schedule with project milestones and target dates. i. Prepare a technical memorandum summarizing our findings, conclusions, and recommendations with suitable exhibits. j. Monitor project progress and budget, facilitate QA/QC of work products, communicate with AUD Project Manager, and provide project updates. Task 2 - Final Design Design and Engineering Services will include services related to preparing construction drawings and technical specifications setting forth the size and character of the project as well as the requirements for its installation. The following services are included: Attachment number 1 \nPage 19 of 28 Item # 4 20 OF 28 REVISION DATE: June 2011 a. Conduct a kick-off meeting to further define the project and two (60% and 90%) design review/progress meetings. b. Coordinate surveying of the proposed sanitary sewer route including obtaining topographic information, locating property boundaries, existing rights-of-way, and locating existing above ground and underground utilities. c. Coordinate Subsurface Utility Exploration to determine existing utility conflicts. d. Coordinate a geotechnical investigation of the proposed sanitary sewer route to obtain information regarding the potential to encounter rock, if necessary. e. Select final design criteria and materials. f. Prepare construction drawings and technical specifications. g. Perform QA/QC of the construction drawings and technical specifications by Senior Engineer not involved in the project. h. Update the preliminary opinion of probable cost and preliminary schedule at 60% design, 90% design, and upon completion of final design. Task 3 - Bidding Assistance CONSULTANT will support all phases of this project, including bid phase services through Augusta Procurement. CONSULTANT will attend pre-bid meeting and the bid opening. CONSULTANT will develop a bid form and related bid documents as requested, assisting Owner in obtaining bids, addressing technical questions raised by prospective bidders and suppliers, issuance of all instructions and addenda, and recommendation of contract award. CONSULTANT will deliver bid documents, including plans and technical specifications, on a jump drive in PDF format. Owner will assemble and distribute bidding documents to contractors and will assemble contract documents for execution. Task 4 – Permitting Services Permitting Services will include advising AUD on what permits may be required for the project, preparation of a Notice of Intent to obtain a Stormwater Permit from Georgia EPD, preparation of a “GAEPD Construction Permit” application package for submittal and assisting with obtaining said permit. Permitting Services will be performed on an as needed basis with compensation being invoiced on a Cost-Plus basis. Task 5 – Construction Administration Services Construction Administration Services will include general consultation and advice regarding construction activities, attending a preconstruction conference and attending a final inspection for substantial completion. An 8-month construction period is contemplated. Construction Administration Services will be performed on an as needed basis with compensation being invoiced on a Cost-Plus basis. Attachment number 1 \nPage 20 of 28 Item # 4 21 OF 28 REVISION DATE: June 2011 Task 6 - Additional Technical Services Coordinate Utility Location (Subsurface Utility Engineering) CONSULTANT will coordinate with the CITY to obtain existing utility information from CITY and other sources. CONSULTANT will provide recommendations for subsurface utility engineering (SUE) and potholing locations to the CITY. SUE and potholing are not part of CONSULTANT’s work; it is assumed that this will be done by others. Provide Verification Surveys Topographic survey data may need to be obtained in the field at some project locations. This may include pipes, manholes, drains, ditches with inverts, fence lines, pavement, roadways, valves, vegetation, structures, etc. CONSULTANT will provide recommendations for survey scope and boundaries to the CITY. Surveying is not part of CONSULTANT’s work; it is assumed that this will be done by others. Provide Geotechnical Investigations Various improvements are proposed along the anticipated sewer route which may require geotechnical investigations and reporting. CONSULTANT will provide recommendations for geotechnical field investigations and reporting to the CITY. Geotechnical investigation is not part of CONSULTANT’s work; it is assumed that this will be done by others. Quality Assurance / Quality Control (QA/QC) Quality Assurance/Quality Control (QA/QC) is a continual process that begins with the Design Phase Notice-To-Proceed (NTP), continues through project closeout, and includes participation from all project stakeholders. We will provide continual constructability/operability, QA/QC and value engineering reviews done by Constantine staff at the 30%, 60%, and 90% design stages with AUD staff and other stakeholders. Attachment number 1 \nPage 21 of 28 Item # 4 22 OF 28 REVISION DATE: June 2011 ATTACHMENT B - COMPENSATION The CITY shall compensate the CONSULTANT for services, which have been authorized by the CITY under the terms of this Agreement. The CONSULTANT may submit to the CITY a monthly invoice, in a form acceptable to the CITY and accompanied by all support documentation requested by the CITY, for payment for the services, which were completed during the billing period. The CITY shall review for approval said invoices. The CITY shall have the right to reject payment of any invoice or part thereof if not properly supported, or if the costs requested or a part thereof, as determined solely by the CITY, are unreasonably in excess of the actual phase of completion of each phase. The CITY shall pay each such invoice or portion thereof as approved, provided that the approval or payment of any such invoice shall not considered to be evidence of performance by the CONSULTANT to the point indicted by such invoice, or of receipt of acceptance by the CITY of the service covered by such invoice. The CITY shall pay any undisputed items contained in such invoices. Each invoice shall be accompanied by a letter progress report describing the total work accomplished for each phase and any problems, which have been encountered, which may inhibit execution of the work. The CONSULTANT shall also submit an accurate updated schedule, and an itemized description of the percentage of total work completed for each phase during the billing period. When the CITY authorizes the CONSULTANT to proceed with the work authorized in a Task Order, it agrees to pay the CONSULTANT for work completed, on a lump sum percent complete basis. Compensation for design services shall be invoiced based on the sum of all actual costs incurred in the performance of the work, including all direct, payroll, overall and profit cost in an amount not-to-exceed the compensation set forth in the terms of the Agreement or any authorized Task Order. All invoices submitted by the CONSULTANT shall be detailed to reflect incurred expenses, labor hours and costs by authorized Task. Overtime may be performed at the discretion of the CONSULTANT, but the premium time portion of the overtime will not be billed to the CITY unless the CONSULTANT has requested acceleration of the scheduled work in writing. Attachment number 1 \nPage 22 of 28 Item # 4 23 OF 28 REVISION DATE: June 2011 Task 1 - Preliminary Design Lump Sum $28,000 Task 2 - Final Design Lump Sum $182,000 Task 3 - Bidding Assistance Cost Plus $8,000 Task 4 - Permitting Assistance Cost Plus $24,000 Task 5 - Construction Administration Cost Plus $20,000 Task 6 - Technical Services (SUE, Survey, Geotech) Lump Sum $70,000 Other Direct Costs $5,000 TOTAL $337,000 Project Phases Unit CostUnit Fee Schedule for Fort Gordon West Trunk Sanitary Sewer Upgrade Attachment number 1 \nPage 23 of 28 Item # 4 24 OF 28 REVISION DATE: June 2011 ATTACHMENT C – LISTING OF KEY PERSONNEL CONSULTANT shall provide qualified personnel to perform its work. The list of key personnel below, including a designated Program Manager will not change or be reassigned without the written approval of the CITY. Those personnel committed for this work are as follows: Jeff Duplantis, PE, Project Mgr Joe Greenburg, PE, Design Mgr Tammy Huggins, PE, QA/QC Joey Crews, PE, QA/QC Attachment number 1 \nPage 24 of 28 Item # 4 25 OF 28 REVISION DATE: June 2011 ATTACHMENT D – SCHEDULE FOR PERFORMANCE Task Schedule Preliminary Engineering 30% Preliminary Design Package Complete 45 days from receipt of the NTP Final Design & Contract Documents 60% Engineering Design 120 days following CITY approval of and receipt of written comments on the Preliminary Design Package(s). 90% Engineering Design 30 days from receipt of CITY approval of and receipt of written comments on the 60% Design Documents Final Plans and Specifications 15 days from receipt of CITY approval of the 90% Design Documents Bid Phase Services Bid Opening 90 days from Final Plans and Specifications acceptance by County. Attachment number 1 \nPage 25 of 28 Item # 4 26 OF 28 REVISION DATE: June 2011 CONSULTANT SERVICES As a part of this Agreement the CONSULTANT agrees to furnish the following checked items (CONSULTANT to initial in the space provided acknowledging responsibility to furnish said item). Prior to Authorization To Proceed:  Detailed Scope of Services based upon Schedule A of this Agreement to be submitted with Cost Proposal clearly defining the CONSULTANT’S understanding of the project limits, design objectives and CONSULTANT’S services to be provided.  Cost Proposal that will include cost of surveying, design, preparation of construction plans and specifications, and other services requested in the CITY’s Request for Proposal.  Schedule for submittal of review documents at 30%, 60%, and 90% completion; and final documents. Prior to submitting 30% review documents:  Locate all existing utilities using available information collected by the CONSULTANT. The CITY will furnish available information on water and sewer locations however the CONSULTANT must verify to CITY’S satisfaction.  Provide CITY with information on the project site(s), including the following:  Past and present use of the land (specifically identify any landfilling activities in the area); identify any nearby designated wetlands  Soil type(s)  Boring results when required by CONSULTANT for new facilities or where depth of line and existing site conditions warrant.  Brief description of the area (e.g., residential, commercial, industrial) including general slope of the land, and whether trees, signs, etc. will be in conflict with the new facilities. Include number of properties affected and number of easements required with property owners identified  Identification of potential problems in meeting design objectives.  Site Plan (If Required) Throughout project:  Prepare printed responses to comments received from the CITY following reviews.  Provide the necessary plats for easement acquisition and DOT/other permit application.  Prepare Public Works/DOT/Other permit applications for signature by the CITY.  Prepare and submit plans to EPD for review and approval when required.  Prepare plans and specifications, using Augusta Utilities Design Standards and Specifications (latest version). Specifications must mirror that provided by the CITY. Attachment number 1 \nPage 26 of 28 Item # 4 27 OF 28 REVISION DATE: June 2011  Prepare construction cost estimates at each review stage, 30%, 60%, 90%, and with the submittal of Final documents. Provide cost breakdown for any items to be lump sum in the construction contract. Upon completion of design:  Coordinate with the City Procurement Department to advertise the project.  Fax bid information to CITY.  Attend the Pre-Bid Meeting as a technical reference to the CITY.  Prepare letter of recommendation for award of the contract.  Develop conformed contract documents and forward to the CITY for execution.  Attend the pre-construction meeting as a technical reference to the CITY.  Provide clarification related to the plans/specifications throughout design and construction.  Provide record drawings at completion of the project electronically, per the Utilities Design Standards and Specifications (latest version).  Provide Services During Construction as follows:  Attend project meetings as scheduled by the CITY  Recommend design changes as field conflicts arise (site visits may be required)  Review and approval of pay requests from the construction Contractor (line of communication will be construction contractor to resident observer to CONSULTANT to CITY)  Provide clarification of plans and specifications throughout construction  Revise/update plans and/or easement plats as changes occur that require resubmittal to DOT/other agencies. AUGUSTA UTILITIES DEPARTMENT CONSULTANT BY: BY: PRINTED NAME: PRINTED NAME: Jeffrey L Duplantis TITLE: DIRECTOR TITLE: Client Service Manager DATE: DATE: 5/12/21 Attachment number 1 \nPage 27 of 28 Item # 4 28 OF 28 REVISION DATE: June 2006 ADDITIONAL SERVICES: 1. Revisions to the plans/contract documents to extend the limits of the project after this AGREEMENT has been executed by the CITY. 2. Revisions due to incorrect locations of existing utilities by the CONSULTANT (i.e., correct location given by CITY, incorrectly marked on plans by engineer) will be the responsibility of the CONSULTANT. Other revisions required by the CITY, DOT, EPD, or other government agency at their request will be considered an additional service. 3. Out-of-town meetings or conferences required of the CONSULTANT by the CITY. 4. Conducting or attending monthly construction meetings, request for information (RFI) review, field change review, pay request review, and conducting final inspections for substantial completion as may be required of the CONSULTANT by the CITY. 5. At the conclusion of the project, development of as-built documents including the contractor’s redline information in the drawings to document changes that occurred in the field. 6. Other not described above, as approved by the CITY. NOTE: It is the responsibility of the CONSULTANT as contracted by the CITY to provide professional surveying and engineering services. It is expected that such professionals will operate in a manner which assures the interests of the common welfare, rather than in a manner which promotes their own financial gain. It is expected that such professionals will act as a faithful agent for the CITY as a client. It is the duty of the CONSULTANT to protect the safety, health and welfare of the public in the performance of their professional duties. Attachment number 1 \nPage 28 of 28 Item # 4 DR A W I N G STA T U S DR A W I N G I N F ORM A T I ON :(6 7  7 5 8 1 .  6 $ 1 , 7 $ 5 <  6 ( : ( 5 1 FO R T G O R D O N DATEREVISION AUG U S TA UTI L I T I E S D E P A R T M E N T 45 2 W A L K E R S T R E E T , S U I T E 2 0 0 AU G U S T A , G A 3 0 9 0 1 :(677581. 6$1,7$5<6(:(5 Attachment number 2 \nPage 1 of 1 Item # 4  1 of 1  RFQ 18‐132 Engineering Consultant Services Rosters  Category 1 – Water Distribution System and Wastewater Collection System Analysis and  Design, including Pumping Stations:  A & S Engineering, LLC   Constantine Engineering, Inc.   Cranston Engineering Group, P.C.   Goodwyn, Mills and Cawood, Inc.   Infrastructure Systems Management, LLC   Johnson, Laschober & Associates, P.C.   W.K. Dickson & Company, Inc.   W.R. Toole Engineers, Inc.   Zimmerman, Evans & Leopold, Inc.   Category 2 – Water Treatment Plants:  Goodwyn, Mills and Cawood, Inc.   Hazen and Sawyer   Jacobs Engineering Group, Inc.   Category 3 – Wastewater Treatment Plants:  Constantine Engineering, Inc.   Goodwyn, Mills and Cawood, Inc.   Hussey, Gay, Bell & DeYoung, Inc.   Jacobs Engineering Group, Inc.   Category 4 – Wastewater Collection System Modeling:   CDM Smith, Inc.   Constantine Engineering, Inc.   Jacobs Engineering Group, Inc.   Category 5 – Wastewater Collection System Flow Monitoring:   McKim & Creed, Inc.   W.K. Dickson & Company, Inc.   Woolpert, Inc.     Category 6 – Surveying:  Cranston Engineering Group, P.C.   Moreland Altobelli Associates, LLC   Woolpert, Inc.   W.R. Toole Engineers, Inc.     Attachment number 3 \nPage 1 of 1 Item # 4 Engineering Services Committee Meeting 5/25/2021 1:10 PM James Brown Blvd Sidewalks Phase III Project (Twiggs to Laney Walker Blvd) GDOT PI # 0013707 File Reference: 21 – 014(A) Department:Engineering Presenter: Caption:Motion to approve entering into Contract Agreement with the Georgia Department of Transportation (GDOT) for Acquisition of Right of Way State-Aid or Federal-Aid James Brown Blvd. Phase III sidewalks (Twiggs to Laney Walker Blvd.) Project (PI #0013707). Also authorize Augusta Mayor and Clerk of Commission to execute “Resolution of the Local Government” Document and Georgia E-Verify Affidavit. Requested by AED. Background:There is need for Phase III of the James Brown Boulevard Streetscape project. This streetscape project is included in the larger Ninth Street (James Brown Boulevard) improvements listed in the Augusta Regional Transportation Study (ARTS). The purpose of Phase III is to repair delinquent sidewalk and streetscape features along James Brown Boulevard from Twiggs Street to Laney Walker Boulevard. Alternatively, this project will bring the deficient pedestrian facilities within the project boundary into compliance with the Americans with Disabilities Act (ADA), and also serve to beautify and create a consistent façade for the James Brown Boulevard corridor. The project is included in Augusta Metropolitan Planning Organization (MPO) Transportation Alternatives Program (TAP) as funded by federal funds with 20% local match. Analysis:Agreement allows GDOT federal funding assistance to complete acquisition of right of way needed for sidewalks improvements as designed. Financial Impact:GDOT is providing up to $321,248.00 federal funds through Augusta MPO to complete right of way phase of the project. 20% local match is needed. Match funds are available in AED SPLOST VI Sidewalks Rehab-Replacement allocation. Cover Memo Item # 5 Alternatives:Do not approve and abandon the project. Recommendation:Motion to approve entering into Contract Agreement with the Georgia Department of Transportation (GDOT) for Acquisition of Right of Way State-Aid or Federal-Aid James Brown Blvd. Phase III sidewalks (Twiggs to Laney Walker Blvd.) Project (PI #0013707). Also authorize Augusta Mayor and Clerk of Commission to execute “Resolution of the Local Government” Document and Georgia E-Verify Affidavit. Requested by AED Funds are Available in the Following Accounts: Funds TAP Grant with 20% Matching Fund-SPLOST VI 328041110-5414310-219828919 (Sidewalks allocation) REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 5 Page 1 of 21 Revised 3/2021 CONTRACT FOR ACQUISITION OF RIGHT OF WAY STATE-AID OR FEDERAL-AID PROJECT Reimbursable PROJECT: N/A LOCAL GOVERNMENT: Richmond STATE/FEDERAL ROUTE: N/A P.I. NO.: 0013707 STATE OF GEORGIA COUNTY RICHMOND THIS AGREEMENT is made and entered into this _____ day of __________________, ______ by and between the GEORGIA DEPARTMENT OF TRANSPORTATION (hereinafter called the DEPARTMENT) and RICHMOND (hereinafter called the LOCAL GOVERNMENT). ☒ CFDA # 20.205 Highway Plan and Construction Cluster ☐ CFDA # 20.219 Recreation Trails Program WITNESSETH THAT: WHEREAS, the DEPARTMENT and the LOCAL GOVERNMENT propose to let to construction the above indicated project located at JAMES BROWN BLVD FM TWIGGS ST TO LANEY WALKER BLVD - PH III, with the cost of the right of way being distributed between the LOCAL GOVERNMENT and the DEPARTMENT as hereinafter specified; and WHEREAS, rights of way lying on a designated state or federal route (on-system) are to be acquired in the DEPARTMENT’S name by the LOCAL GOVERNMENT when closed by deed; and WHEREAS, rights of way lying on a designated state or federal route (on-system) requiring condemnation are to be condemned in the LOCAL GOVERNMENT’S name and then transferred to the DEPARTMENT by quit claim deed after the condemnation is complete and after the LOCAL GOVERNMENT has full and final possession of the right of way; and WHEREAS, rights of way lying on a non-designated state or federal route (off-system) are to be acquired in the LOCAL GOVERNMENT’S name by the LOCAL GOVERNMENT when closed by deed and remain in the LOCAL GOVERNMENT’S name; and WHEREAS, rights of way lying on a non-designated state or federal route (off-system) requiring condemnation are to be condemned in the LOCAL GOVERNMENT’S name and remain in the LOCAL GOVERNMENT’S name; and Attachment number 1 \nPage 1 of 21 Item # 5 Page 2 of 21 WHEREAS, the DEPARTMENT is authorized to enter into this contract with the LOCAL GOVERNMENT by virtue of Section 32-2-2(a) of the Official Code of Georgia Annotated; and WHEREAS, the LOCAL GOVERNMENT is authorized to enter into this contract by virtue of Sections 32-3-3(e), 32-4-41(6), 32-4-42, 32-4-61 and 32-5-25 of the Official Code of Georgia Annotated and by a certain resolution of the Board of Commissioners, adopted the ___ day of ______________, 20______; and WHEREAS, said rights of way are to be acquired by LOCAL GOVERNMENT in accordance with certain specified requirements of the Federal-Aid Highway Act of 1970, as amended, and regulations of the DEPARTMENT in order for the construction cost of said project to be eligible for State or Federal participation. NOW, THEREFORE, in consideration of Ten ($10.00) Dollars in hand paid to the LOCAL GOVERNMENT, the receipt of which is hereby acknowledged, and the mutual promises and covenants hereinafter set out, the DEPARTMENT and the LOCAL GOVERNMENT agree as follows: ITEM I The DEPARTMENT agrees to reimburse the LOCAL GOVERNMENT Not to Exceed Two Hundred Forty-Eight Thousand DOLLARS and no CENTS ($248,000.00) for eligible reimbursable right of way costs. Reimbursable right of way costs includes land and improvement costs and other costs as specified in 23 CFR 710.203(b). Rights of way lying on a designated state or federal route (on-system) are to be acquired in the DEPARTMENT’S name by the LOCAL GOVERNMENT when closed by deed. Rights of way lying on a designated state or federal route (on-system) requiring condemnation are to be condemned in the LOCAL GOVERNMENT’S name and then transferred to the DEPARTMENT by quit claim deed after the condemnation is complete and after the LOCAL GOVERNMENT has full and final possession of the right of way. Rights of way lying on a non-designated state or federal route (off-system) are to be acquired in the LOCAL GOVERNMENT’S name by the LOCAL GOVERNMENT when closed by deed and remain in the LOCAL GOVERNMENT’S name. Rights of way lying on a non-designated state or federal route (off-system) requiring condemnation are to be condemned in the LOCAL GOVERNMENT’S name and remain in the LOCAL GOVERNMENT’S name. Reimbursement of acquisition costs will be eligible after completion of the following: all land and improvement acquisition; completion of all property management; completion of all demolition; and, after all occupants have relocated off the project. Further, before any reimbursement of costs occurs, the LOCAL GOVERNMENT shall certify in writing to the DEPARTMENT that title to all parcels has been acquired and that all property management, all demolition and all relocation has been completed. Said certification will include a statement that “All parcels are vacant and immediately available for construction purposes”. Attachment number 1 \nPage 2 of 21 Item # 5 Page 3 of 21 Each valuation and damage expert utilized on this project must be selected from the DEPARTMENT’s “Approved Appraiser List”. The DEPARTMENT shall review and approve each selection prior to the LOCAL GOVERNMENT contracting with the appraiser. All appraisals will be submitted to the DEPARTMENT for review, for approval and to establish fair market value prior to negotiations. The LOCAL GOVERNMENT is responsible for properly flagging, staking, and marking all required right of way and all required easement (temporary or permanent) surveyed boundary lines PRIOR to the appraiser inspecting and appraising the property and PRIOR to the on-site Negotiation Agent meeting with the property owner to review the required right of way and/or required easement(s). Except as specified in ITEM V of this contract, all counter offers, administrative settlements and legal settlements authority above the fair market value must be reviewed and approved by the DEPARTMENT if the LOCAL GOVERNMENT desires that the DEPARTMENT participate in any increased settlement agreement above the fair market value. It is understood and agreed that the DEPARTMENT may participate in a court directed award above the fair market value subject to the availability of funds identified for the project. The DEPARTMENT will not be required to participate in any such award increase that is not supported by a court order. It is further agreed between the parties that the DEPARTMENT shall be the final arbiter of whether an increase in an award or expense will be reimbursable to the LOCAL GOVERNMENT. ITEM II The LOCAL GOVERNMENT shall ensure at the time of closing that the current, approved deed or easement document reflects the latest revised or current required right of way description and/or easement(s) description. The LOCAL GOVERNMENT will provide its own all legal counsel associated with acquiring properties by deed. The LOCAL GOVERNMENT, or its designated representative, will prepare all Condemnation Petitions in the name of the LOCAL GOVERNMENT and will provide all legal counsel and/or litigation associated with acquiring properties through condemnation. After receipt of the approved and accepted certification from the LOCAL GOVERNMENT to the DEPARTMENT and where after all acquired parcels on designated state or federal routes, whether by deed or by condemnation, have been executed, quitclaimed, transferred in name from the LOCAL GOVERNMENT and recorded in the name of the DEPARTMENT, the DEPARTMENT will reimburse the LOCAL GOVERNMENT pursuant to ITEM III herein. ITEM III Attachment number 1 \nPage 3 of 21 Item # 5 Page 4 of 21 As set forth in ITEM I above, the DEPARTMENT will reimburse Two Hundred Forty- Eight Thousand DOLLARS and no CENTS ($248,000.00) of eligible right of way costs. The procedure for reimbursement is as follows: All files and reimbursement requests shall be directed to the District Local Government Right of Way Coordinator (DLGC) in the Tennille District Office. All reimbursement matters shall first be reviewed at the District Level in accordance with current guidelines and policies. Reimbursement to LOCAL GOVERNMENT will be issued from the General Office in Atlanta following receipt of an invoice on the local government’s letterhead, all approved documents and the accepted and approved LOCAL GOVERNMENT certification. One copy of the following items shall be included for EACH parcel and activity cost to be reimbursed: 1) Reimbursement of eligible costs associated with properties acquired by deed or easement: a) Recorded Deed or Easement; b) Copy of the Approved Option; c) Executed Closing Statement; and d) Copy of approved Review Appraisers Report (Form 532). e) Approved Administrative Settlement Analysis (if applicable) 2) Reimbursement of eligible costs associated with properties acquired through condemnation: a) Copy of the filed, recorded Condemnation Petition with identified docket number; b) Copy of receipt for monies deposited into court; and c) Copy of Quitclaim Deed from LOCAL GOVERNMENT to DEPARTMENT for on-system only. d) Approved Settlement Authority Request (if applicable) 3) Reimbursement of eligible property management costs: a) Copy of verifiable and detailed invoice from the contractor and receipt for payment from the LOCAL GOVERNMENT and any fee contractors employed by the LOCAL GOVERNMENT for Property Management activities. 4) Reimbursement of eligible relocation costs: a) Copy of Relocation Payment Checks; b) Copy of Executed Relocation Claim Forms; and c) Copy of the Approval Authorization of Payment Amount 5) Reimbursement for any other cost(s) not specifically listed above MUST include an invoice and any other supporting documentation as may be requested by the DEPARTMENT. Attachment number 1 \nPage 4 of 21 Item # 5 Page 5 of 21 Any deviation from or change in the above described procedure must be approved by the State Right of Way Administrator in the Atlanta General Office. ITEM IV The LOCAL GOVERNMENT will ensure that the demolition and removal in their entirety of all buildings, walls, fences, gates, underground storage tanks, other hazardous materials, signs, or any other improvements and structures of any nature or description, lying wholly or partially situated within the right of way and/or easement area, whether surface or subsurface shall be conducted in accordance with and pursuant to any and all pertinent state and federal laws, regulations and procedures, including but not limited to all current laws, regulations and procedures of the U.S. Environmental Protection Agency and the Georgia Environmental Protection Division. Any demolition and removal shall be in accordance with procedures approved by the DEPARTMENT. The DEPARTMENT will not remove any improvements or structures as clearing and grubbing items. Any and all contaminated properties will require the DEPARTMENT’s approval before being acquired by the LOCAL GOVERNMENT. ITEM V The LOCAL GOVERNMENT has the authority to approve a counter offer or an administrative settlement up to $20,000 or 10% above the approved Fair Market Value. On legal settlement authority for condemned parcels, the LOCAL GOVERNMENT authority level is 20% or $20,000, whichever is greater. All other counter offers, administrative settlements and legal settlement authority on condemned parcels must be reviewed and approved by the DEPARTMENT, if the DEPARTMENT is to participate in any increased cost. Any modification whatsoever or any special provision included as an agreement to any document must first be approved and appropriately accepted by the DEPARTMENT. The DLGC in the Tennille District Office will function as the LOCAL GOVERNMENT liaison with the DEPARTMENT. All counter offers, check requests, and any matters to be considered for agreement will be submitted through the DLGC. Once a determination has been made by the General Office, the DLGC will notify the LOCAL GOVERNMENT, in writing, of either approval or rejection of the submitted proposal. The DEPARTMENT will not participate in any portion of a counter proposal which is closed prior to DEPARTMENT review, approval and acceptance. ITEM VI During the life of this contract and prior to completion of the construction work and final acceptance of the project by the DEPARTMENT, the LOCAL GOVERNMENT agrees not to use convict labor in any way on the project. Attachment number 1 \nPage 5 of 21 Item # 5 Page 6 of 21 ITEM VII Once the environmental clearance is obtained and the right of way plans are approved, but prior to right of way authorization, the LOCAL GOVERNMENT can begin pre-acquisition activities at its own risk. However, acquisition activities including the making of offers cannot be made until the following has been completed: an acceptable project cost estimate has been submitted, reviewed and approved; right of way funds have been authorized in accordance with 23 CFR Part 710; and, the DEPARTMENT has issued a Notice to Proceed to the LOCAL GOVERNMENT for any eligible, reimbursable right of way acquisition activities. The LOCAL GOVERNMENT agrees to defend itself from and against any and all suits, if any should arise, involving property titles and/or contaminated properties associated with the acquisition of Rights of Way by deed or condemnation. ITEM VIII The LOCAL GOVERNMENT will, as required by law, proceed within fifteen (15) days after being notified by the DEPARTMENT to acquire the rights of way for said project free of all encumbrances by gift, deed, easements or condemnation in accordance with the approved plans. ITEM IX The LOCAL GOVERNMENT will, in the right of way acquisition procedure, observe and comply with Title 49 Code of Federal Regulations Part 24; Title 23 Code of Federal Regulations Part 710; Georgia Laws 1972, p. 931, as amended; and, in accordance with the requirements as outlined in the Relocation Assistance Manual prepared by the DEPARTMENT. The LOCAL GOVERNMENT will be responsible for making payments to owners as required under this procedure for any incidental expenses for the transfer of real property for rights of way purposes and any other moving and relocation expenses as required under the law and determined to be proper by the DEPARTMENT. Appeals of relocation assistance benefits will be submitted to the DEPARTMENT for review. Response to an appeal will be the responsibility of the DEPARTMENT. The LOCAL GOVERNMENT will, in their acquisition of the right of way, comply with the procedures set forth in Attachment No. 1 - Memorandum of Instructions, attached hereto. During the performance of this contract, the LOCAL GOVERNMENT will also comply with the Regulations of the U. S. Department of Transportation relative to nondiscrimination in State Aid or Federally-assisted programs of said Department in accordance with the stipulations as indicated under APPENDIX A and APPENDIX E of Attachment No. 2, attached hereto. The LOCAL GOVERNMENT shall also comply with all provisions as set forth in Attachment No. 2 - The United States Department of Transportation (USDOT) Standard Title VI/Non- Discrimination Assurances, DOT Order No. 1050.2A, attached hereto, inclusive of APPENDIX A, APPENDIX B, APPENDIX C, APPENDIX D, and APPENDIX E of Attachment No. 2. ITEM X Attachment number 1 \nPage 6 of 21 Item # 5 Page 7 of 21 Where determined to be desirable, LOCAL GOVERNMENT will provide rodent control measures as required by the U. S. Department of Transportation prior to the demolition or removal of improvements located within the right of way of the project. The measures employed shall be in accordance with procedures approved by state and local laws and regulations governing rodent control. ITEM XI This Agreement sets forth the entire understanding between the Parties relating to the subject contained herein and supersedes all prior oral and written understandings, arrangements and agreements between the parties relating thereto. It is understood that no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless evidenced by an amendment to this Agreement signed by both the DEPARTMENT and the LOCAL GOVERNMENT. ITEM XII The COUNTY shall maintain all books, documents, papers, accounting records, and other evidence pertaining to costs associated with this Agreement and used in support of its activities and shall make such material available at all reasonable times during the period of this Agreement, and for three years from the date of final payment under this Agreement, for inspection by the DEPARTMENT, and any reviewing agencies, and copies thereof shall be furnished upon request. The COUNTY shall comply with federal administrative procedures in accordance with the requirements of the Uniform Grant Guidance, 2 CFR Part 200, as well as related federal and state regulations and instructions. The COUNTY will ensure that appropriate corrective action is taken within three months after receipt of any audit for all instances of noncompliance. ITEM XIII 1. TIME IS OF THE ESSENCE IN THIS CONTRACT. 2. TERM OF CONTRACT. UNLESS OTHERWISE AMENDED BY THE MUTUAL WRITTEN AGREEMENT OF THE PARTIES HERETO, THIS CONTRACT WILL EXPIRE NO LATER December 31, 2023. 3. This Agreement is made and entered into in Fulton County, Georgia, and shall be governed and construed under the laws of the State of Georgia. 4. If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions shall remain in force and unaffected to the fullest extent permitted by law and regulation. Attachment number 1 \nPage 7 of 21 Item # 5 Page 8 of 21 5. This Agreement shall inure to the benefit of, and be binding upon the parties hereto, and their respective heirs, executors, successors and assigns. 6. 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 a document is to be construed more strictly against the party who itself or through its agent prepared the same, it being agreed that the agents of all parties have participated in the preparation hereof. 7. The Preamble, Recitals, Attachments, and Appendices hereto are a part of this Agreement and are incorporated herein by reference. {REMAINDER OF PAGE LEFT INTENTIONALLY BLANK} Attachment number 1 \nPage 8 of 21 Item # 5 Page 9 of 21 IN WITNESS WHEREOF, this instrument has been and is executed on behalf of the DEPARTMENT by the Commissioner of the DEPARTMENT and on behalf of LOCAL GOVERNMENT being duly authorized to do so by the Board of Commissioners. Executed on Behalf of the Executed on Behalf of GEORGIA DEPARTMENT OF Richmond COUNTY TRANSPORTATION this ______ day of this _______ day of _______________, 20 ______. _______________, 20 ______. By: By: ___________________________ ___________________________ COMMISSIONER CHAIRMAN ____________________________ ATTEST: WITNESS _____________________________ TREASURER _______________________________ NOTARY PUBLIC Sworn to and subscribed before me this _____ day of ______________, 20__. My Commission Expires:________ (Notary Seal) Attachment number 1 \nPage 9 of 21 Item # 5 Page 10 of 21 RESOLUTION OF THE LOCAL GOVERNMENT STATE OF GEORGIA RICHMOND COUNTY BE IT RESOLVED by the LOCAL GOVERNMENT Board of Commissioners and it is hereby resolved, that the foregoing attached Agreement, relative to P.I. 0013707, located in RICHMOND COUNTY be entered into by the LOCAL GOVERNMENT Board of Commissioners, and that _____________________________ as Chairman, and __________________________as Clerk, be and they are, thereby authorized and directed to execute the same for and in behalf of said Board of Commissioners. PASSED AND ADOPTED, this _______ day of _________________, 20 ______. ATTEST: ______________________________ BY: ________________________________ CLERK WITNESS STATE OF GEORGIA RICHMOND COUNTY I, ______________________ as Clerk of the Richmond County Board of Commissioners do hereby certify that I am custodian of the books and records of the same, and that the above and foregoing copy of the original is now on file in my office, and was passed by Richmond County Board of Commissioners. Witness by hand and official signature, this the ________ day of _____________, 20 _____. BY: ________________________________ CLERK Attachment number 1 \nPage 10 of 21 Item # 5 Page 11 of 21 ATTACHMENT NO. 1 MEMORANDUM OF INSTRUCTIONS These instructions are to set forth the procedures necessary for the Political Subdivisions of the State of Georgia to follow when acquiring right of way on highway projects where it is proposed to acquire or construct said project with Federal participation for on system projects. On systems projects are those on designated state or federal routes. The Political Subdivision shall make every effort to acquire expeditiously all real property when authorized to proceed. The Political Subdivision may, when they consider it appropriate, attempt to secure the right of way by donation. To assure the property owner is fully informed of his rights, the request for donation must be made in writing and also set forth that they are entitled to full just compensation, if they so desire. A letter prepared by the Department will be made available to use as a guide. If a property owner requests payment of just compensation, the provisions of paragraph one (1) must be followed. Nothing herein shall be construed to prevent a person whose real property is being acquired from making a gift or donation of such property, or any part thereof, or of any compensation paid therefore, after such person has been fully informed of his right to receive just compensation for the acquisition of his property. 1. At the initiation of negotiations each owner must be fully informed of his right to receive just compensation for the acquisition of his property. In order to assure just compensation is being offered, the following steps must be taken: A) A General Certified Appraiser and other valuation or damage experts, who is on the Department’s approved list, must utilize an appropriate valuation method (appraisal/data book/cost estimate) as determined by the Department. B) The appraiser must give the owner or his designated representative an opportunity to accompany him during his inspection of the property. A statement is to be in the report that this opportunity was provided. C) The report must be adequately documented to support the conclusion of the appraiser and shall be prepared in accordance with the guidelines set forth by the Department. D) The Department must review the appraisal and approve in writing the estimated amount of just compensation to be offered to the property owner. E) The offer must be made in writing for the full amount of the aforesaid estimate of just compensation. Where appropriate, the written offer must state separately the amount for the real property being acquired and the amount attributable to damages to the remaining property. 2. No person occupying real property shall be required to move from his home, farm, or business without at least three (3) months written notice or two (2) months written notice from the time of the closing or condemnation. 3. The Department will furnish copies of letters, settlement and disbursements statements and such other forms, as it may deem necessary or desirable. 4. Copies of all letters, forms, deeds and status reports used in the acquisition of Rights of Way for this project must be forwarded to the Department upon request, for future reference. 5. The LOCAL GOVERNMENT will be responsible for determining benefits and preparing relocation assistance packages. Packages must be submitted to the Department for review and approval prior to offers of benefits being made. Attachment number 1 \nPage 11 of 21 Item # 5 Page 12 of 21 6. Any consultant contracted for negotiation services for the acquisition of right of way for the LOCAL GOVERNMENT must hold either a Real Estate License and be affiliated with a broker, or hold a Real Estate Broker’s License in accordance with OCGA Title 43 Chapter 40 unless identified as an exception under Title 43, Chapter 40 of the Official Code of Georgia Annotated. Said consultant must attend any present and all future mandatory training classes required by the DEPARTMENT. Attachment number 1 \nPage 12 of 21 Item # 5 Page 13 of 21 ATTACHMENT NO. 2 The United States Department of Transportation (USDOT) Standard Title VI/Non-Discrimination Assurances DOT Order No. 1050.2A The Georgia Department of Transportation (herein referred to as the "Recipient"), HEREBY AGREES THAT, as a condition to receiving any Federal financial assistance from the U.S. Department of Transportation (DOT), through the Federal Highway Administration, is subject to and will comply with the following: Statutory/Regulatory Authorities • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); • 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs Of The Department Of Transportation-Effectuation Of Title VI Of The Civil Rights Act Of 1964); • 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964); The preceding statutory and regulatory cites hereinafter are referred to as the "Acts" and "Regulations," respectively. General Assurances In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that: "No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or ort/v/ty, "for which the Recipient receives Federal financial assistance from DOT including the Federal Highway Administration. The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI and other Non-discrimination requirements (The Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these non- discrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted. Specific Assurances More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Federal Highway Program: 1. The Recipient agrees that each "activity," "facility," or "program," as defined in §§ 21.23(b) and 21.23(e) of 49 C.F.R. § 21 will be (with regard to an "activity“) facilitated, or will be (with regard to a "facility") operated, or will be (with regard to a "program") conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations. Attachment number 1 \nPage 13 of 21 Item # 5 Page 14 of 21 2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Federal Highway Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source: "The Georgia Department of Transportation, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award." 3. The Recipient will insert the clauses of Appendix A and E of this Assurance in every contract or agreement subject to the Acts and the Regulations. 4. The Recipient will insert the clauses of Appendix B of this Assurance, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient. 5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith. 6. That where the Recipient receives Federal financial assistance in the form, or for the acquisition of real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property. 7. That the Recipient will include the clauses set forth in Appendix C and Appendix D of this Assurance, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties: a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. 8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligated the Recipient, or any transferee for the longer of the following periods: a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property. Attachment number 1 \nPage 14 of 21 Item # 5 Page 15 of 21 9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub-grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance. 10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance. By signing this ASSURANCE, the Georgia Department of Transportation also agrees to comply (and require any sub-recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing the Georgia Department of Transportation access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by Georgia Department of Transportation. You must keep records, reports, and submit the material for review upon request to the Georgia Department of Transportation, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. Georgia Department of Transportation gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Federal Highway Program. This ASSURANCE is binding on Georgia, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Federal Highway Program. The person(s) signing below is authorized to sign this ASSURANCE on behalf of the Recipient. Attachment number 1 \nPage 15 of 21 Item # 5 Page 16 of 21 APPENDIX A During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, (hereinafter referred to as DOT), Title 49, Code of Federal Regulations, part 21, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to Non- discrimination on the grounds of race, color, or national origin. 4. Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or Federal Highway Administration to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the Recipient or the Federal Highway Administration) as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non• discrimination provisions of this contract, the Recipient will impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the Federal Highway Administration may direct Attachment number 1 \nPage 16 of 21 Item # 5 Page 17 of 21 as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. Attachment number 1 \nPage 17 of 21 Item # 5 Page 18 of 21 APPENDIX B CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4: NOW, THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the GDOT will accept title to the lands and maintain the project constructed thereon in accordance with and in compliance with Title 23 U.S. Code § 107, the Regulations for the Administration of Federal Aid for Highways; the policies and procedures prescribed by the Federal Highway Administration of the U.S Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the GDOT all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof. (HABENDUM CLAUSE) TO HAVE AND TO HOLD said lands and interests therein unto GDOT and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the GDOT, its successors and assigns. The GDOT, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that GDOT will use the lands and interests in lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non- discrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended [, and (3) that in the event of breach of any of the above-mentioned non- discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said land, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI. Attachment number 1 \nPage 18 of 21 Item # 5 Page 19 of 21 APPENDIX C CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE ACTIVITY, FACILITY, OR PROGRAM The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the GDOT pursuant to the provisions of Assurance 7(a): A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add "as a covenant running with the land"] that: 1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations (as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non- discrimination covenants, GDOT will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.* C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the GDOT will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the GDOT and its assigns.* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.) Attachment number 1 \nPage 19 of 21 Item # 5 Page 20 of 21 APPENDIX D CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE ACTIVITY, FACILITY OR PROGRAM The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by GDOT pursuant to the provisions of Assurance 7(b): A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, "as a covenant running with the land") that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishing of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance. B. With respect to (licenses, leases, permits, etc.), in the event of breach of any of the above Non• discrimination covenants, GDOT will have the right to terminate the (license, permit, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.* C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, GDOT will there upon revert to and vest in and become the absolute property of GDOT and its assigns.* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.) Attachment number 1 \nPage 20 of 21 Item # 5 Page 21 of 21 APPENDIX E During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non- discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C.§ 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub- recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). Attachment number 1 \nPage 21 of 21 Item # 5 Engineering Services Committee Meeting 5/25/2021 1:10 PM Laurel Park Ph 1 Deed of Dedication and Maintenance Agreement Department:Utilities Presenter:Wes Byne Caption:Consider approving and accepting the water and sanitary sewer deed of dedication and maintenance agreement for Laurel Park, Phase 1. Background:The final plat, for Laurel Park, Phase 1, was approved on January 19, 2021. The water and sanitary sewer installations have been reviewed and inspected by Utilities. Analysis:This phase of Laurel Park meets all codes, ordinances and standards for water and sanitary sewer. Acceptance will dedicate, as required, the water and sanitary sewer mains, with the applicable easements, to Augusta, for operation and maintenance. Financial Impact:By acceptance of the deed and maintenance agreement, all future maintenance and associated costs, after the 18-month maintenance warranty expires, will be borne by Augusta. Revenue, however, will be generated by the sale of water and sanitary sewer taps. Alternatives:Do no approve and accept the water and sanitary sewer deed of dedication and maintenance agreement for Laurel Park, Phase 1. Recommendation:Approve and accept the water and sanitary sewer deed of dedication and maintenance agreement for Laurel Park, Phase 1. Funds are Available in the Following Accounts:Cover Memo Item # 6 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 6 Attachment number 1 \nPage 1 of 5 Item # 6 Attachment number 1 \nPage 2 of 5 Item # 6 Attachment number 1 \nPage 3 of 5 Item # 6 Attachment number 1 \nPage 4 of 5 Item # 6 Attachment number 1 \nPage 5 of 5 Item # 6 Attachment number 2 \nPage 1 of 3 Item # 6 Attachment number 2 \nPage 2 of 3 Item # 6 Attachment number 2 \nPage 3 of 3 Item # 6 At t a c h m e n t n u m b e r 3 \ n P a g e 1 o f 4 It e m # 6 At t a c h m e n t n u m b e r 3 \ n P a g e 2 o f 4 It e m # 6 At t a c h m e n t n u m b e r 3 \ n P a g e 3 o f 4 It e m # 6 At t a c h m e n t n u m b e r 3 \ n P a g e 4 o f 4 It e m # 6 Engineering Services Committee Meeting 5/25/2021 1:10 PM Minutes Department: Presenter: Caption:Motion to approve the minutes of the Engineering Services Committee held on May 11, 2021. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 7 Engineering Services Committee Meeting Virtual/Teleconference - 5llll2}Zl ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; Garrett, chairman; Hasan,Vice Chairman; Johnson and McKnight, members. ENGINEERING SERVICES 1. Approve Purchase of Additional Meters in Excess of Bid euantities. 4-0. 2. Motion to approve the minutes of the Engineering Services Committee held on April 27,2021. Motions Motion Type Approve Motions Motion Type Approve Motion Text Made By Seconded By Motion toapprove. Commissioner Commissioner Motion Passes Ben Hasan Jordan Johnson Motion Text Made By Seconded By Motion toapprove. Commissioner Commissioner Motion Passes Ben Hasan Jordan Johnson Motion Result Passes Motion Result Passes Item Action: Approved Item Action: Approved 4-0. 3. Consider approving the Easement Abandonment and the Granting of ItemAdditional Rights to Existing Easements for 3430 Dunnington place. (No Action:recommendation from Engineering Services Committee April 27r Z02t - Approvedreferred from May 4 Commission meeting) Attachment number 1 \nPage 1 of 2 Item # 7 Motions $]11"' Motion rext Made By seconded Bv fffil'l'ype Motion to aoorove. Commissioner Commissioner DApprove #;r Passes Ben Hasan Jordan Johnson rasses 4-0. www.auqustaga.gov Attachment number 1 \nPage 2 of 2 Item # 7 Engineering Services Committee Meeting 5/25/2021 1:10 PM Motion to Abandon Right of Way- Spellman Lane Department:Engineering Presenter:Law Caption:Motion to determine that Spellman Lane, as shown on the attached map has ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the best public interest, and to receive as information the results of the public hearing held regarding the issue of abandonment pursuant to O.C.G.A. §32-7-2, with the abandoned property to be quit-claimed to the appropriate party(ies), as provided by law and an easement to be retained over the entire abandoned portion for existing or future utilities as directed by Augusta Engineering Department and Augusta Utilities Department and adopt the attached Resolution. Background:The abandonment request has been reviewed by all essential county departments and administrators and approvals were received to this abandonment request. A map of Spellman Lane is attached. Pursuant to O.C.G.A. §32-7-2, a public hearing was held on May 5, 2021 for this matter. Analysis:In addition to the information provided in the above Background section, results of the public hearing will be presented to the Commission. Notice to the property owners located thereon has been provided, pursuant to O.C.G.A. §32-7-2(b)(1). Financial Impact:Cost of publication and advertisement of public hearing. Alternatives:Approve or deny request to determine that Spellman Lane be abandoned. Recommendation:Approve determination and request for abandonment of Spellman Lane pursuant to O.C.G.A. §32-7-2, with the abandoned property to be quit-claimed to the appropriate party Cover Memo Item # 8 (ies) as allowed by law, and an easement(s) as directed by the Augusta Engineering Department and the Augusta Utilities Department to be retained over the entire abandoned portion for existing or future utilities and drainage and adopt the attached Resolution. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 8 THIS RESOLUTION OF THE AUGUSTA-RICHMOND COUNTY COMMISSION TO ABANDON SPELLMAN LANE AS A PART OF THE ROAD SYSTEM OF AUGUSTA; THIS RESOLUTION, adopted by the Augusta-Richmond County Commission (“Commission”); WHEREAS, it has been proposed that the Commission make a determination that Spellman Lane as shown on the attached map, has ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the best public interest and that the right-of-way should be abandoned as part of the Richmond County Road System; and WHEREAS, it has been Augusta, Georgia’s policy, pursuant to O.C.G.A § 32-7-2, to reduce the number of roads in Augusta, Georgia that are not utilized or useful to the public and to abandon such roads; and WHEREAS, a Public Hearing was held on Spellman Lane at the Augusta-Richmond County Municipal Building, 2nd Floor, 535 Telfair Street, Augusta, Georgia; and WHEREAS, notice of such Public Hearing was published in The Augusta Chronicle, the newspaper in which Sheriff’s advertisements for Richmond County are published, on April 22, 2021 and April 29, 2021, and that the property owners located on Spellman Lane were given notice; and WHEREAS, the results of the Public Hearing were reported to the Board of Commissioners and considered thereby; and WHEREAS, the Commission, at their meeting held, June 1, 2021, approved the proposed abandonment, pursuant to O.C.G.A. § 32-7-2 and the requirements of said statute having been met; NOW THEREFORE, be it resolved by the Commission and it is hereby resolved by the authority of same as follows: Attachment number 1 \nPage 1 of 2 Item # 8 1. It is hereby determined that all requirements of O.C.G.A. § 32-7-2 have been met for the abandonment and removal above-said of the Right-of-Way and such Right-of-Way no longer serves a substantial public purpose or that its removal from the county road system is otherwise in the best public interest and is hereby abandoned as part of the Richmond County Road System; 2. The land formerly comprising the Right-of-Way shall be quitclaimed as permitted by law to the adjoining property owner, subject to easements and restrictions deemed necessary by the Augusta Engineering Department and the Augusta Utilities Department, and the Mayor and Clerk of Commission are hereby authorized to execute the documents necessary to effectuate such transfer as directed by the Augusta Law Department. 3. This Resolution shall be recorded in the Minutes of the Augusta-Richmond County Commission, accompanied by the exhibits referred to herein; 4. This Resolution shall become effective immediately upon its adoption. DULY ADOPTED by the Augusta, Georgia Commission this ______ day of _____________________, 2021. AUGUSTA, GEORGIA COMMISSION By: ________________________________ Hardie Davis, Jr. As its Mayor Attest: ______________________________ Lena J. Bonner As its Clerk Attachment number 1 \nPage 2 of 2 Item # 8 Augusta, GA Disclaimer The data represented on this map has beencompiled by the best methods available. Accuracyis contingent upon the source information ascompiled by various agencies and departmentsboth internal and external to the consolidatedgovernment of Augusta, GA. Augusta, GA and thecompanies contracted to develop these dataassume no legal responsibilities for the informationor accuracy contained on this map. It is strictlyforbidden to sell or reproduce these maps or datafor any reason without the written consent of theAugusta Commission.Print Date Jan 14, 2021 Department of Information TechnologyGeospatial Information Solutions (GIS) Division535 Telfair St Bldg 2000 | Augusta, GA 30901www.augustaga.gov/gis | gis@augustaga.gov Like, Follow, Share #AugustaGIS µ 1 inch = 100 feetMap Scale Spellman Lane Attachment number 2 \nPage 1 of 1 Item # 8 Engineering Services Committee Meeting 5/25/2021 1:10 PM Professional Services for Highland Ave Water Treatment Plant Modification Construction Project - Need for Additional Engineering Services Department:Utilities Presenter:Wes Byne Caption:Consider approval of a change order in the amount of $63,425 to ZEL Engineers, Inc. for the scope addition which will include additional Engineering services. Background:The Highland Avenue Water Treatment Plant has been treating raw water for the City of Augusta for many decades. During the past few years, AUD has found a need for plant modifications in the older water treatment process of the plant to make it more efficient in treating drinking water. ZEL Engineers was selected from AUD’s approved list of Engineering firms for the design services needed by this project construction project. These modifications will improve the plant’s efficiency and save the plant time and cost in the future. Analysis:On April 21, 2015, the Board of Commission approved ZEL Engineers to provide professional services for this project in the amount of $651,340. ZEL Engineers has provided a scope for these additional design services at the Highland Avenue Water Treatment Plant. These additional services included Powder Activated Carbon (PAC) Silo Modifications due to additional GDOT/FAA permitting requirements, Filter Rinse Modifications in the West Filter Building, Raw Water Vault Modifications, and the PAC Silo Entrance Modifications. These modifications were needed due to unforeseen circumstances that were not known during the initial design phase of this project. AUD has reviewed ZEL’s proposal and finds it to be fair and reasonable. Financial Impact:We have reviewed the proposal from ZEL Engineers, Inc. and find it to be reasonable and within budget. Funding in the amount of $63,425 is available from accounts: G/L 512043490- 5212115 J/L 81500050-5212115 Cover Memo Item # 9 Alternatives:No alternatives are suggested. Recommendation:AUD recommends that these additional Professional services with ZEL be approved so that AUD can meet the needs of the Water Treatment Plant. Funds are Available in the Following Accounts: Funds are available in the following accounts: G/L 512043490- 5212115 J/L 81500050-5212115 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 9 Attachment number 1 \nPage 1 of 1 Item # 9 ZIMMERMAN, EVANS & LEOPOLD, INC. 706-724-5627 | Fax 706-724-5789 | 435 Telfair Street | Augusta, GA 30901 www.zelengineers.com March 25, 2021 Mr. Tate Horton Augusta Utilities Department 452 Walker Street, Suite 200 Augusta, GA 30901 Re: Bond Project No. UB-2015-007 Highland Avenue Water Treatment Plant Additional Engineering Services - Revised Dear Mr. Horton: At the direction of Augusta Utility Department, we have performed additional engineering services for several items at the Highland Avenue Water Treatment Plant. The Additional Services are as follows: 1.Powder Activated Carbon Silo Modifications – We filed an application with the FAA and did some preliminary design work to relocate the silo to behind the filter building. The Georgia Department of Transportation denied the location behind the filter building and retroactively denied the first location of the silo. After negotiations with GDOT, an agreement was made to approve a reduced height of the silo at the original silo location. The new height of the silo required an additional submittal to the FAA along with redesign of the silo. The lower height meant the silo diameter needed to change to meet the storage capacity requirements. By increasing the silo diameter, we had to make civil, structural, and electrical changes to the plans. 2.Filter Rinse Modification changes in West Filter Building - At the request of the water treatment plant manager and the approval of AUD, we made design changes to the piping requirements of the rinse lines. 3.Raw Water Vault Modifications - During construction a request was made and approved by AUD to add an access hatch, a ladder and a maintenance platform to the raw water vault. These items were designed and added to the construction contract. Attachment number 2 \nPage 1 of 3 Item # 9 March 25, 2021 Page 2 1416-00 AdditionalServicesR1.docx 4.PAC Silo Entrance Modifications – At the request of AUD, modifications were modifications were made to the driveway entrance to increase the paved area to allow more room for truck deliveries. We have attached a spreadsheet outlining our additional hours and fee for each additional service item. Please review for approval of these additional services so we can move forward for requesting payment. If you have any questions or comments, please do not hesitate to contact me. Very truly yours, ZIMMERMAN, EVANS AND LEOPOLD, INC. Stacey W. Gordon, P.E. Principal SWG:st Attachment number 2 \nPage 2 of 3 Item # 9 Additional Services Item 13A - Change Orders Service Item Name Rate hours Total Rate SubTotal -$ Additional Services Item 13B - Silo Changes Service Item Name Rate hours Total 13B Project Engineer 150.00$ 197.50 29,625.00$ 13B Structural Engineer 150.00$ 10.00 1,500.00$ 13B Staff Engineer 100.00$ 82.00 8,200.00$ 13B Draftsman 70.00$ 67.00 4,690.00$ SubTotal 44,015.00$ Additional Services Item 13C - Pipe Gallery Changes Service Item Name Rate hours Total 13C Project Engineer 150.00$ 34.00 5,100.00$ 13C Draftsman 70.00$ 31.00 2,170.00$ SubTotal 7,270.00$ Additional Services Item 13D - Raw Water Vault Modifications Service Item Name Rate hours Total 13D Project Engineer 150.00$ 8.50 1,275.00$ 13D Staff Engineer 100.00$ 9.00 900.00$ 13D Draftsman 70.00$ 49.00 3,430.00$ SubTotal 5,605.00$ Additional Services Item 13E - Site/Paving Modifications Service Item Name Rate hours Total 13E Project Engineer 150.00$ 33.00 4,950.00$ 13E Staff Engineer 100.00$ 8.50 850.00$ 13E Draftsman 70.00$ 10.50 735.00$ SubTotal 6,535.00$ Total 63,425.00$ Attachment number 2 \nPage 3 of 3 Item # 9   At t a c h m e n t n u m b e r 3 \ n P a g e 1 o f 1 It e m # 9 Attachment number 4 \nPage 1 of 1 Item # 9 Engineering Services Committee Meeting 5/25/2021 1:10 PM Residential Speed Bumps Department: Presenter:Commissioner Ben Hasan Caption:Discuss the placement of speed bumps in residential neighborhoods. (Requested by Commissioner Ben Hasan) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 10 Engineering Services Committee Meeting 5/25/2021 1:10 PM Rocky Creek Force Main Construction Change Order Department:Utilities Presenter:Wes Byne Caption:Motion to approve a change order in the amount of $359,000 to Blair Construction, Inc. for the additional services that were required on the Rocky Creek Force Main project. (Bid #19--201 - Purchase Order 19UTI790) Background:This Project consists of the construction of 7,170 LF of 24” sewer force main that has allowed the abandonment of the gravity trunk sewer along Rocky Creek between Mike Padgett Highway and Doug Bernard Parkway. This sanitary sewer force main will mediate sewer inflow and infiltration (I/I) in the existing sewer basin which will reduce sewer overflows in the system and at the treatment plant. This force main project, which serves a large pump station that is under a different contract, was approved by the Commission on August 6, 2019 for an amount of $3,291,691. Analysis:During the installation of the force main the Contractor had to make several alterations to the scope of the original contact due to higher than normal rainfall which adversely affected field conditions. These alterations included additional flowable fill concrete to tie into the existing sewer line, altering a Jack and Bore due to high ground water, and repositioning a sewer manhole. In addition to the field conditions changing, Augusta Utilities Department (AUD) also added the scope of building 2 smaller pumps stations which will manifold into the same force main. Initially the 2 smaller stations were intended to be constructed by AUD’s own workforce but due to the same wet weather field conditions and COVID-19 effects on construction crew manpower capability, AUD asked the Contractor to install the two pump stations to avoid additional delay in the project. AUD has reviewed Blair Construction’s additional construction services invoice and find it to be fair and reasonable. Cover Memo Item # 11 Financial Impact:Funding in the amount of $359,000.00 is available from accounts: G/L 507043420-5425210 J/L 81700030-5425210 Alternatives:No alternatives are recommended. Recommendation:AUD recommends that these additional Construction services with Blair Construction be approved. Funds are Available in the Following Accounts: Funding are available in the following accounts: G/L 507043420-5425210 J/L 81700030-5425210 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 11 Attachment number 1 \nPage 1 of 1 Item # 11 Item Estimitaed  Quantity Units Unit Price Quantity Amount Quantity Amount Quantity Amount 1 1 LS $260,908.00 1 $260,908.00 1 $260,908.00 2 1 LS $1,591,127.00 1 $1,591,127.00 1 $1,591,127.00 3 1 LS $75,848.00 1 $75,848.00 1 $75,848.00 4 1 LS $214,748.00 1 $214,748.00 1 $214,748.00 5 1 LS $436,366.00 1 $436,366.00 1 $436,366.00 6 1 LS $712,694.00 1 $712,694.00 1 $712,694.00 1 1 $269,168.00 1 $269,168.00 2 1 $89,832.00 1 $89,832.00 $3,291,691.00 $359,000.00 $3,650,691.00 $3,291,691.00 $3,650,691.00 $359,000.00 Original Purchas Order Total Amount for Project Change Order Amount Requested Change Order Items Installion of Pump station #2 and #3.  Approve Additional Flowable Fill, altering Jack & Bore,  and repositioning a sewer manhole. Approve Sanitary Sewer Pavement Miscellaneous Lump Sum Option B Description Original Project  Scope Amount Change Order Items Total to Date Water At t a c h m e n t n u m b e r 2 \ n P a g e 1 o f 1 It e m # 1 1 Attachment number 3 \nPage 1 of 1 Item # 11 Engineering Services Committee Meeting 5/25/2021 1:10 PM Rocky Creek Pump Station Construction Change Order Department:Utilities Presenter:Wes Byne Caption:Motion to approve a summary change order in the amount of $287,044.33 to BRW Construction Group, LLC for the additional construction services needed on the Rocky Creek Pump Station project. Background:This Project consists of the construction of a pump station that has allowed the abandonment of the gravity trunk sewer along Rocky Creek between Mike Padgett Highway and Doug Bernard Parkway. This pump station in conjunction with a proposed sanitary sewer force main, which is under a different contract, will mediate sewer inflow and infiltration (I/I) in the existing sewer basin. The pump station project was approved by the Commission on February 19, 2019 for an amount of $4,269,000. Analysis:During the installation of the pump station the Contractor, BRW Construction Group, LLC, encountered ground water at a shallow depth. Due to the existing ground water and the unusual amount of rainfall during 2020, the Contractor had to spend additional resources on the dewatering process for the site and reinforcing the walls of the construction pit. These activities decreased production time on the project for several months. The Contractor also had to use costly, alternative materials to ensure that the pump station would not settle once the dewatering process was discontinued. The change orders requested by the Contractor include 9 total items in the amount of $547,387.17. The Engineering Firm of record, Goodwin, Mills, and Cawood (GMC), reviewed the request and recommended rejection of change order item #5, consideration of item #8, and approval of the additional 7 items. After discussion between Augusta Utilities Department (AUD), the Contractor, and GMC concerning the requested $434,116.27 for Change Order Item #8, AUD, GMC, and the Contractor find $250,000 for Item #8 to be fair and reasonable. AUD and GMC have reviewed BRW Construction Group, LLC’s change order proposals and Cover Memo Item # 12 recommend approval of a summary change order in the amount of $287,044.33. Financial Impact:Funding in the amount of $287,044.33 is available from accounts: G/L 507043420-5425210 J/L 81800020-5425210 Alternatives:No alternatives are recommended. Recommendation:Augusta Utilities Department recommends the Commission approve Changer Order #1 in the amount of $287,044.33. Funds are Available in the Following Accounts: Funding in the amount of $287,044.33 is available from accounts: G/L 507043420-5425210 J/L 81800020-5425210 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 12 Attachment number 1 \nPage 1 of 1 Item # 12 Goodwyn | Mills | Cawood 1450 Greene Street Suite 505 Augusta, GA 30901 T (706) 251-9099 F (770) 955-1064 www.gmcnetwork.com March 3, 2021 Mr. Tate Horton Augusta Utilities Department 452 Walker Street Suite 200 Augusta, GA 30901 RE: GMC Project No. CAUG170004 GMC has reviewed the attached Proposed Change Orders (PCOs) from BRW Construction Group, LLC. to the contract for the AUD project, numbered UB_2017-002, Rocky Creek Pumping Stations. These PCOs are summarized in the table below. PCO # Summary Recommendation Total Cost 001 Installation of a temporary water line for use curing structural concrete. Approve $4,359.27 002 Additional dowels and reinforcing steel for the pump bench, divider walls, and grout fill areas. Approve $27,779.20 003 Additional 1’ of height required for freestanding bridge crane. Approve $3,254.16 004 Addition of disconnects for each pump including conduit and mounting rack. Approve $23,454.59 005 Plugging and abandonment of the downstream sanitary sewer in lieu of slide gates. Reject $35,422.00 006 Installation of 4” conduit from the powerpole to the transformer pad, 600 MCM adapters inside the e-house, pulling 5 #14 wires in LE-110 conduit, and increasing CT conduit to 1.5” Approve $4,688.40 007 Unsuitable fill material replaced with #4 stone to meet subgrade structural requirements. Approve $36,747.03 008 Additional dewatering effort required to complete construction. Consider $434,116.27 009 Relocation of the transformer pad at Georgia Power’s request. Approve $20,601.68 Original Total: $590,422.60 A more detailed description is provided for each PCO within the attached compiled PCO document. One of the requested change orders (PCO 001) has already been charged within miscellaneous item M-9 that was not expected to be used on the project. For the purposes of the requested summary change order, all remaining line items including M-2, M-4, M-9, M-10, and M-11 will be deducted from the overall sum of the Attachment number 2 \nPage 1 of 93 Item # 12 original contract price and additional requested funds. PCO 001 will be included in the additional costs and the entire M-9 cost will be included in the deducted portion described in the previous sentence. A table of the net additional change in project cost and the deduct from unused line items is included below. This table does not include PCO 005 and limits the cost of PCO 008 to $250,000.00. PCO # Additional Cost 001 $4,359.27 002 $27,779.20 003 $3,254.16 004 $23,454.59 006 $4,688.40 007 $36,747.03 008 $250,000.00 009 $20,601.68 Total Additional Cost: $370,884.33 Unused Line Items Deducted Cost M-2 ($4,500.00) M-4 ($840.00) M-9 ($8,000.00) M-10 ($2,100.00) M-11 ($68,400.00) Total Deduct of Unused Line Items: ($83,840.00) Net Additional Project Cost: $287,044.33 Original Project Cost: $4,269,000.00 Final Project Total: $4,556,044.33 The net additional cost and final project total costs are $287,044.33 and $4,556,044.33, respectively. We stand ready to discuss each of these change order requests at your convenience. Sincerely, Graham Sizemore Project Engineer GOODWYN, MILLS AND CAWOOD, INC. Attachment number 2 \nPage 2 of 93 Item # 12 Attachment number 2 \nPage 3 of 93 Item # 12 Attachment number 2 \nPage 4 of 93 Item # 12 Attachment number 2 \nPage 5 of 93 Item # 12 Attachment number 2 \nPage 6 of 93 Item # 12 Attachment number 2 \nPage 7 of 93 Item # 12 Attachment number 2 \nPage 8 of 93 Item # 12 Attachment number 2 \nPage 9 of 93 Item # 12 Attachment number 2 \nPage 10 of 93 Item # 12 Attachment number 2 \nPage 11 of 93 Item # 12 Attachment number 2 \nPage 12 of 93 Item # 12 Attachment number 2 \nPage 13 of 93 Item # 12 Attachment number 2 \nPage 14 of 93 Item # 12 Attachment number 2 \nPage 15 of 93 Item # 12 Attachment number 2 \nPage 16 of 93 Item # 12 Attachment number 2 \nPage 17 of 93 Item # 12 Attachment number 2 \nPage 18 of 93 Item # 12 Attachment number 2 \nPage 19 of 93 Item # 12 Attachment number 2 \nPage 20 of 93 Item # 12 Attachment number 2 \nPage 21 of 93 Item # 12 Attachment number 2 \nPage 22 of 93 Item # 12 Attachment number 2 \nPage 23 of 93 Item # 12 Attachment number 2 \nPage 24 of 93 Item # 12 Attachment number 2 \nPage 25 of 93 Item # 12 Attachment number 2 \nPage 26 of 93 Item # 12 Attachment number 2 \nPage 27 of 93 Item # 12 Attachment number 2 \nPage 28 of 93 Item # 12 Attachment number 2 \nPage 29 of 93 Item # 12 Attachment number 2 \nPage 30 of 93 Item # 12 Attachment number 2 \nPage 31 of 93 Item # 12 Attachment number 2 \nPage 32 of 93 Item # 12 Attachment number 2 \nPage 33 of 93 Item # 12 Attachment number 2 \nPage 34 of 93 Item # 12 Attachment number 2 \nPage 35 of 93 Item # 12 Attachment number 2 \nPage 36 of 93 Item # 12 Attachment number 2 \nPage 37 of 93 Item # 12 Attachment number 2 \nPage 38 of 93 Item # 12 Attachment number 2 \nPage 39 of 93 Item # 12 Attachment number 2 \nPage 40 of 93 Item # 12 Attachment number 2 \nPage 41 of 93 Item # 12 Attachment number 2 \nPage 42 of 93 Item # 12 Attachment number 2 \nPage 43 of 93 Item # 12 Attachment number 2 \nPage 44 of 93 Item # 12 Attachment number 2 \nPage 45 of 93 Item # 12 Attachment number 2 \nPage 46 of 93 Item # 12 Attachment number 2 \nPage 47 of 93 Item # 12 Attachment number 2 \nPage 48 of 93 Item # 12 Attachment number 2 \nPage 49 of 93 Item # 12 Attachment number 2 \nPage 50 of 93 Item # 12 Attachment number 2 \nPage 51 of 93 Item # 12 Attachment number 2 \nPage 52 of 93 Item # 12 Attachment number 2 \nPage 53 of 93 Item # 12 Attachment number 2 \nPage 54 of 93 Item # 12 Attachment number 2 \nPage 55 of 93 Item # 12 Attachment number 2 \nPage 56 of 93 Item # 12 Attachment number 2 \nPage 57 of 93 Item # 12 Attachment number 2 \nPage 58 of 93 Item # 12 Attachment number 2 \nPage 59 of 93 Item # 12 Attachment number 2 \nPage 60 of 93 Item # 12 Attachment number 2 \nPage 61 of 93 Item # 12 Attachment number 2 \nPage 62 of 93 Item # 12 Attachment number 2 \nPage 63 of 93 Item # 12 Attachment number 2 \nPage 64 of 93 Item # 12 Attachment number 2 \nPage 65 of 93 Item # 12 Attachment number 2 \nPage 66 of 93 Item # 12 Attachment number 2 \nPage 67 of 93 Item # 12 Attachment number 2 \nPage 68 of 93 Item # 12 Attachment number 2 \nPage 69 of 93 Item # 12 Attachment number 2 \nPage 70 of 93 Item # 12 Attachment number 2 \nPage 71 of 93 Item # 12 Attachment number 2 \nPage 72 of 93 Item # 12 Attachment number 2 \nPage 73 of 93 Item # 12 Attachment number 2 \nPage 74 of 93 Item # 12 Attachment number 2 \nPage 75 of 93 Item # 12 Attachment number 2 \nPage 76 of 93 Item # 12 Attachment number 2 \nPage 77 of 93 Item # 12 Attachment number 2 \nPage 78 of 93 Item # 12 Attachment number 2 \nPage 79 of 93 Item # 12 Attachment number 2 \nPage 80 of 93 Item # 12 Attachment number 2 \nPage 81 of 93 Item # 12 Attachment number 2 \nPage 82 of 93 Item # 12 Attachment number 2 \nPage 83 of 93 Item # 12 Attachment number 2 \nPage 84 of 93 Item # 12 Attachment number 2 \nPage 85 of 93 Item # 12 Attachment number 2 \nPage 86 of 93 Item # 12 Attachment number 2 \nPage 87 of 93 Item # 12 Attachment number 2 \nPage 88 of 93 Item # 12 Attachment number 2 \nPage 89 of 93 Item # 12 Attachment number 2 \nPage 90 of 93 Item # 12 Attachment number 2 \nPage 91 of 93 Item # 12 Attachment number 2 \nPage 92 of 93 Item # 12 Attachment number 2 \nPage 93 of 93 Item # 12 Item Estimitaed  Quantity Units Unit Price Quantity Amount Quantity Amount Quantity Amount 1 1 LS $880.00 1 $880.00 1 $880.00 2 1 LS $124,575.00 1 $124,575.00 1 $124,575.00 3 1 LS $1,721,766.60 1 $1,721,766.60 1 $1,721,766.60 4 1 LS $818,616.40 1 $818,616.40 1 $818,616.40 5 1 LS $88,330.00 1 $88,330.00 1 $88,330.00 6 1 LS $900,635.00 1 $900,635.00 1 $900,635.00 7 1 LS $244,725.00 1 $244,725.00 1 $244,725.00 8 1 LS $369,472.00 1 $369,472.00 1 $369,472.00 9 1 ($83,840.00)1 ‐$83,840.00 1 1 $4,359.27 1 $4,359.27 2 1 $27,779.20 1 $27,779.20 3 1 $3,254.16 1 $3,254.16 4 1 $23,454.59 1 $23,454.59 5 1 $35,422.00 1 $0.00 6 1 $4,688.40 1 $4,688.40 7 1 $36,747.03 1 $36,747.03 8 1 $250,000.00 1 $250,000.00 9 1 $20,601.68 1 $20,601.68 $4,269,000.00 $370,884.33 $4,556,044.33 $4,269,000.00 $4,556,044.33 $287,044.33Change Order Amount Requested Deduct of Unused Line Items. (M‐2, M‐4, M‐9, M‐10, M‐ Original Purchas Order Total Amount for Project Description Original Project  Scope Amount Change Order Items Total to Date Water Miscellaneous Installion of a tempory water line for use curing  structural concrete.  Approve Change Order Items Additional dowels and reinforcing steel for the  pump bench, divider walls, and grout fill areas.  Sanitary Sewer Sitework Concrete Metals Process Pipe & Equipment Electrical & Instrumentation Relocation of transformer pad at Georgia Powerʹs  request.  Approved Additional 1ʹ of height required for freestanding  bridge crane. Approve Addition of disconnects for each pump including  conduit and mounting rack. Approve Plugging and abandonment of the downstream  saniatary sewer in lieu of slide gates. Reject Installation of 4ʺ conduit from powerpole to the  transformer pad, 600 MCM adapters inside the e‐ house, pulling 5#14 wiresin LE‐110 conduit, and  increasing CT conduit to 1.5ʺ.  Approve Unsuitable fill material replaced with #4 stone to  meet subgrade structual requirements. Approve Additional dewatering effort required to  complete construction.   Negotiated At t a c h m e n t n u m b e r 3 \ n P a g e 1 o f 1 It e m # 1 2 Attachment number 4 \nPage 1 of 1 Item # 12 Engineering Services Committee Meeting 5/25/2021 1:10 PM Sims Landing Phases I and II Water and Sanitary Sewer Dedication Department:Utilities Presenter:Wes Byne Caption:Consider approving the deed of dedication, maintenance agreement and transfer of easement rights for Sims Landing, Phases I and II. Background:The final plats, for Sims Landing, Phases I and II, were approved by the Commission in 2017 and 2020. The water and sanitary sewer systems have been inspected by the Utilities Department and passed said inspections. Analysis:These phases have met all codes, ordinances and standards. Acceptance of this deed shall dedicate, as required, the water and sanitary sewer mains, along with the applicable easements, to Augusta, for operation and maintenance. Financial Impact:By acceptance of the deed of dedication and maintenance agreement, all future maintenance and associated costs, after the expiration of the maintenance agreement, will be borne by Augusta. Positive revenue will be generated by the sale of water and sanitary sewer taps, and monthly billing of same. Alternatives:Do not approve the deed of dedication, maintenance agreement and transfer of easement rights. Recommendation:Approve the deed of dedication, maintenance agreement and transfer of easement rights. Funds are Available in the Following Accounts: N/A Cover Memo Item # 13 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 13 At t a c h m e n t n u m b e r 1 \ n P a g e 1 o f 1 5 It e m # 1 3 At t a c h m e n t n u m b e r 1 \ n P a g e 2 o f 1 5 It e m # 1 3 At t a c h m e n t n u m b e r 1 \ n P a g e 3 o f 1 5 It e m # 1 3 At t a c h m e n t n u m b e r 1 \ n P a g e 4 o f 1 5 It e m # 1 3 At t a c h m e n t n u m b e r 1 \ n P a g e 5 o f 1 5 It e m # 1 3 At t a c h m e n t n u m b e r 1 \ n P a g e 6 o f 1 5 It e m # 1 3 At t a c h m e n t n u m b e r 1 \ n P a g e 7 o f 1 5 It e m # 1 3 At t a c h m e n t n u m b e r 1 \ n P a g e 8 o f 1 5 It e m # 1 3 At t a c h m e n t n u m b e r 1 \ n P a g e 9 o f 1 5 It e m # 1 3 At t a c h m e n t n u m b e r 1 \ n P a g e 1 0 o f 1 5 It e m # 1 3 At t a c h m e n t n u m b e r 1 \ n P a g e 1 1 o f 1 5 It e m # 1 3 At t a c h m e n t n u m b e r 1 \ n P a g e 1 2 o f 1 5 It e m # 1 3 At t a c h m e n t n u m b e r 1 \ n P a g e 1 3 o f 1 5 It e m # 1 3 At t a c h m e n t n u m b e r 1 \ n P a g e 1 4 o f 1 5 It e m # 1 3 At t a c h m e n t n u m b e r 1 \ n P a g e 1 5 o f 1 5 It e m # 1 3 Attachment number 2 \nPage 1 of 5 Item # 13 Attachment number 2 \nPage 2 of 5 Item # 13 Attachment number 2 \nPage 3 of 5 Item # 13 Attachment number 2 \nPage 4 of 5 Item # 13 Attachment number 2 \nPage 5 of 5 Item # 13 Attachment number 3 \nPage 1 of 3 Item # 13 Attachment number 3 \nPage 2 of 3 Item # 13 Attachment number 3 \nPage 3 of 3 Item # 13 Attachment number 4 \nPage 1 of 3 Item # 13 Attachment number 4 \nPage 2 of 3 Item # 13 Attachment number 4 \nPage 3 of 3 Item # 13 Engineering Services Committee Meeting 5/25/2021 1:10 PM Street Light Request for Dakar Drive Department:Engineering Presenter: Caption:Approve the installation of 5 street lights along Dakar Drive with an annual cost of $1,627.20. Also approve the creation of a new lighting fee district for the parcels along Dakar Drive. Funding is available in Street Lighting budget account #276041610-5312310. Background:Georgia Power will install 5 street lights along Dakar Drive. The upfront cost to install the street light system will be $14,071.00. The yearly cost to operate and maintain the system will be $1,627.20 which will be paid for by the 34 lots associated with Dakar Drive in a special fee district to appear on the 2021 tax bill. The cost per lot will be added to the property tax bill at a rate of $85 annually to cover the cost of system operations and maintenance. Analysis:The cost proposal was received by Augusta, GA on April 19, 2021 in the amount of: Contractor Bid Georgia Power $14,071.00 upfront $1,627.20 annually Financial Impact:Adequate funds are available and expenditures of this amount will leave sufficient amount for emergencies through the end of the fiscal year. Alternatives:1) Approve installation of street light system along Dakar Drive. 2) Do not approve. Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: 276-04-1610-5312310 Cover Memo Item # 14 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 14 Attachment number 1 \nPage 1 of 6 Item # 14 Attachment number 1 \nPage 2 of 6 Item # 14 Attachment number 1 \nPage 3 of 6 Item # 14 Attachment number 1 \nPage 4 of 6 Item # 14 Attachment number 1 \nPage 5 of 6 Item # 14 Attachment number 1 \nPage 6 of 6 Item # 14 Engineering Services Committee Meeting 5/25/2021 1:10 PM Street Light Request for Haynes Station Phase 11 Department:Engineering Presenter: Caption:Approve the installation of 31 street lights within Haynes Station Phase 11 with an annual cost of $9,988.20. Also approve the creation of a new lighting fee district for the parcels within Haynes Station Phase 11. Funding is available in Street Lighting budget account #276041610-5312310. Background:Georgia Power will install 31 street lights along the streets in Haynes Station Phase 11. The upfront cost to install the street light system will be $37,000. The yearly cost to operate and maintain the system will be $9,988.20 which will be paid for by the 93 lots associated with Haynes Station Phase 11 in a special fee district to appear on the 2021 tax bill. The cost per parcel will be added to the property tax bill at a rate of $85 annually to cover the cost of system operations and maintenance. Analysis:The cost proposal was received by Augusta, GA on May 7, 2021 in the amount of: Contractor Bid Georgia Power $37,000.00 upfront $9,988.20 annually Financial Impact:Adequate funds are available and expenditures of this amount will leave sufficient amount for emergencies through the end of the fiscal year. Alternatives:1) Approve installation of street light system in Haynes Station Phase 11. 2) Do not approve. Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: 276-04-1610-5312310 Cover Memo Item # 15 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 15 Attachment number 1 \nPage 1 of 4 Item # 15 Attachment number 1 \nPage 2 of 4 Item # 15 Attachment number 1 \nPage 3 of 4 Item # 15 Attachment number 1 \nPage 4 of 4 Item # 15