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HomeMy WebLinkAbout2016-01-12 Meeting Agenda Public Service Committee Meeting Commission Chamber- 1/12/2016- 1:00 PM PUBLIC SERVICES 1. Approve the 5 Year Renewal with Sterling - Retail, Food and Beverage Concessions Contract with the Augusta Regional Airport. Attachments 2. New Ownership Application: A. N. 16-6: A request by Venumadhav Machha for a retail package Beer & Wine License to be used in connection with AVN Ventures located at 2701 Washington Rd. District 7. Super District 10. Attachments 3. New Application: A.N. 16-7: A request by Cullene W. Schneider for a retail package Liquor License to be used in connection with Aficionados, LLC located at 307 8th Street. District 1. Super District 9. Attachments 4. Approve award of the design/build contract for replacement of the HVAC system at the DFACS Building in the amount of $1,001,258.00 to Coleman Mechanical Services of Harlem, GA. (RFP 15-180) Attachments 5. Approve a request for the Augusta Richmond County Commission to accept the Beams Contracting SE Development Project Change Order #4 that was approved by the Aviation Commission on December 03, 2015. Attachments 6. Approve a request for the Augusta Richmond County Commission to approve the McCarthy Construction Change Order #3 as approved by the Aviation Commission on December 03, 2015. Attachments 7. Approve selection of Daniel Field airport consultant. (RFQ 15- 203A) Attachments 8. Request approval of the Golf Cart/Utility Vehicle Bid/Purchase Request as approved by the Augusta Aviation Attachments www.augustaga.gov Commission at their October 29, 2015 Meeting. Bid Item 15- 219. 9. Motion to approve the minutes of the Public Services Committee held on December 8, 2015. Attachments 10. Approve a request for the Augusta Richmond County Commission to accept the Mutual Aid between Columbia County and the Augusta Regional Airport as approved by the Augusta Aviation Commission on October 29, 2015. Attachments Public Service Committee Meeting 1/12/2016 1:00 PM 5 YEAR RENEWAL STERLING RESTAURANT Department:Augusta Regional Airport Presenter: Caption:Approve the 5 Year Renewal with Sterling - Retail, Food and Beverage Concessions Contract with the Augusta Regional Airport. Background:On June 3, 2011, the Airport entered into a five year concession agreement with Sterling Restaurant & Retail Group, LLC to operate the retail, food and beverage concessions located at the Augusta Regional Airport. The concession agreement included one (1) five (5) year option for renewal. Analysis:Having a restaurant and lounge area and general retail products available in the Airport is a real benefit for Airport passengers. Sterling Restaurant & Retail Group, LLC has provided excellent service over the last five years. Concession revenue from the restaurant and gift shop has increased from $9,000 in 2010 under the old concessionaire to $70,300 in 2014 under Sterling Restaurant & Retail Group. Financial Impact: Alternatives:Deny Recommendation:Approve Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY:Cover Memo Item # 1 Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 1 Second Amendment to Lease and Operation of Retail, Food, and Beverage Concessions Agreement Page 1 of 3 SECOD AMEDMET TO THE LEASE AGREEMET FOR THE OPERATIO OF RETAIL, FOOD AD BEVERAGE COCESSI OS BETWEE STERLIG RESTAURAT & RETAIL GROUP, LLC AD THE CITY OF AUGUSTA FOR THE AUGUSTA REGIOAL AIRPORT AUGUSTA, GEORGIA This Second Amendment to the Lease and Operation of Retail, Food, and Beverage Concessions Agreement at Augusta Regional Airport, made and entered into this 3rd day of June, 2016, between Augusta-Richmond County, Augusta, Georgia for Augusta Regional Airport and Sterling Restaurant & Retail Group, LLC, a Georgia Limited Liability Corporation, formerly known as Tailwind Augusta, LLC (hereinafter referred to as “Concessionaire”). WHEREAS, Augusta and Sterling Restaurant & Retail Group, LLC, entered into a five year Concessions Agreement commencing on June 3, 2011 and terminating on June 2, 2016, for the Concessionaire to manage the Retail, Food, and Beverage Concessions located at Augusta Regional Airport; and WHEREAS, the Parties desire to exercise the renewal term of the Agreement commencing on June 3, 2016; and WHEREAS, the Parties desire to amend certain terms of the Agreement as set forth hereinafter. Attachment number 1 \nPage 1 of 3 Item # 1 Second Amendment to Lease and Operation of Retail, Food, and Beverage Concessions Agreement Page 2 of 3 OW, THEREFORE, in consideration of the inducements, mutual covenants and conditions herein contained, the Parties have agreed to amend the Agreement as follows: 1. Article 2, Term, Section 2.1 is hereby amended to exercise the five year renewal option. 2. Article 2, Term, Section 2.2 is hereby amended as follows: The effective date of this Renewal, as set forth in section 2.1, shall continue through December 31 of that same year. This Agreement shall: (i) terminate absolutely and without further obligation on the part of Augusta each and every December 31st, as required by O.C.G.A. § 36-60-13, as amended, unless terminated earlier in accordance with the termination provisions in this Article of this Agreement: (ii) automatically renew on each January 1st, unless terminated in accordance with the termination provisions of this Agreement; and (iii) terminate absolutely, with no further renewals, on June 3, 2021, unless extended by written amendment. The Contract Time may be extended only by written renewal approved by the Augusta, Georgia Board of Commissioners and executed by the Augusta, Georgia Mayor and the Concessionaire in accordance with the terms of this Contract. 3. All other terms and conditions of the Agreement shall remain the same except as specifically amended herein. Attachment number 1 \nPage 2 of 3 Item # 1 Second Amendment to Lease and Operation of Retail, Food, and Beverage Concessions Agreement Page 3 of 3 I WITESS WHEREOF, the Parties have caused this Second Amendment of the Retail, Food, and Beverage Concessions Agreement to be effective June 3, 2016. AUGUSTA AVIATIO COMMISSIO _________________________________ Chairman Attest: _________________________________ AUGUSTA, GEORGIA __________________________________ Hardie Davis, Jr. , Mayor Attest: ___________________________________ __________________________________ STERLIG RESTAURAT & RETAIL GROUP, LLC otarized/Corporate Seal: _________________________________ Attachment number 1 \nPage 3 of 3 Item # 1 Public Service Committee Meeting 1/12/2016 1:00 PM Alcohol Application Department:Planning & Development Presenter:Robert H. Sherman III Caption:New Ownership Application: A. N. 16-6: A request by Venumadhav Machha for a retail package Beer & Wine License to be used in connection with AVN Ventures located at 2701 Washington Rd. District 7. Super District 10. Background:This is a New Ownership Application. Formerly in the name of Ravi Rajput. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $1,330.00. Alternatives: Recommendation:The Planning & Development recommends approval. The R.C.S.O. recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Law Administrator Clerk of Commission Cover Memo Item # 2 Attachment number 1 \nPage 1 of 2 Item # 2 Attachment number 1 \nPage 2 of 2 Item # 2 Public Service Committee Meeting 1/12/2016 1:00 PM Alcohol Application Department:Planning & Development Presenter:Robert H. Sherman III Caption:New Application: A.N. 16-7: A request by Cullene W. Schneider for a retail package Liquor License to be used in connection with Aficionados, LLC located at 307 8th Street. District 1. Super District 9. Background:This a New Application. Analysis:The applicant meets the requirements of The City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $3,330.00. Alternatives: Recommendation:The Planning & Development recommends approval. The R.C.S.O. recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Law Administrator Clerk of Commission Cover Memo Item # 3 Attachment number 1 \nPage 1 of 2 Item # 3 Attachment number 1 \nPage 2 of 2 Item # 3 Public Service Committee Meeting 1/12/2016 1:00 PM Approve Contract to Replace DFACS HVAC Department:Recreation Parks and Facilities - Facilities Presenter:Lonnie Wimberly, Deputy Director Caption:Approve award of the design/build contract for replacement of the HVAC system at the DFACS Building in the amount of $1,001,258.00 to Coleman Mechanical Services of Harlem, GA. (RFP 15-180) Background:The three story section of the DFACS facility located at 520 Fenwick Street was constructed in 1989. The HVAC system is the original installed system and consists of an air cooled chiller with two large air handling units distributing air to a network of Carrier Moduline VAV boxes with electric reheat. The 26 plus year old system has exceeded its anticipated service life. The chiller has been nursed along for the last few years. Parts are no longer available to repair the VAV boxes and the control system is antiquated and no longer functions. Upgrades are not feasible due to outdated technology. Analysis:We received three responsive statements of qualifications and proposals. These were evaluated based upon the qualifications of the contractor and the design engineer with respect to their experience on similar projects, capability to do the work, understanding of the program, proposed solution and cost. The selection committee reviewed all proposals and the highest scoring Statement of Qualifications and Proposal was submitted by Coleman Mechanical of Harlem, Georgia paired with Johnson Laschober and Associates of Augusta as the design engineer. They also submitted the lowest cost. Staff met with the Coleman and Johnson Laschober to clarify and adjust the design to best meet the needs of Augusta and DFACS. The project cost for design and construction is $1,001,258.00. The scope of work includes: • Removal and replacement of the existing chiller • Updated automation control system • Updated air distribution system • New air handling units with fan arrays The new system is fully warranted. The control system is compatible with our standard system for better monitoring and response. The fan array in the Cover Memo Item # 4 new air handlers will significantly reduce the chances for a system failure since the array contains multiple fans as opposed to a single fan. If one fails, the others will continue to operate while we work to make repairs. Financial Impact:The contract amount is $1,001,258.00 Alternatives:1. Approve award of the design/build contract for replacement of the HVAC system at the DFACS Building in the amount of $1,001,258.00 to Coleman Mechanical Services of Harlem, GA. 2. Do not approve and pursue other options Recommendation:Approve award of the design/build contract for replacement of the HVAC system at the DFACS Building in the amount of $1,001,258.00 to Coleman Mechanical Services of Harlem, GA. Funds are Available in the Following Accounts: The lease on this property with the State of Georgia was written in a manner that builds a reserve for major and minor repairs and upgrades for this building over the life of the lease specifically to accomplish major facility repairs such as this one. This project is to be funded with $698,150 from carry forward, an estimated $15,000 in current year capital carry forward, an estimated $200,000 in current year operating carry forward, and $100,000 in budgeted capital from lease payments in 2016. 272-05-4312 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 4 1 EXHIBIT II Augusta DFACS - HVAC Upgrades Bid Item # 15-XXX INDEX TO CONTRACT Section Title Page NA Notice of Award 2 A Agreement 3-4 PB Performance Bond 5-6 LMPB Labor & Material Payment Bond 7-8 COA Certificate of Owner's Attorney 9 NP Notice to Proceed 10 GC General Conditions 11-25 SGC Supplemental General Conditions 26-28 SC Special Conditions 28 Attachment number 1 \nPage 1 of 30 Item # 4 2 SECTION NA NOTICE OF AWARD TO: PROJECT DESCRIPTION: DFACS HVAC Upgrades The Owner has considered the BID submitted by you for the PROJECT named above in response to its Bid Item # 15-XXX due on . You are hereby notified that your BID (Including Alternates - None) has been accepted in the amount of ($ ). You are to execute the AGREEMENT (Section A) within Ten (10) calendar days from the date of this Notice to you. Furthermore, the Owner has elected to require a Contractor's Performance Bond (Section PB) and a Labor and Materials Payment Bond (Section LMPB). The price of said bonds is included in the contract amount stated above. If you fail to execute said Agreement and to furnish said Bonds within Ten (10) working days from the date of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER'S acceptance of your PROPOSAL as abandoned and as a forfeiture of your Bid Bond. The OWNER will be entitled to such other rights as may be granted by law. Shop drawings and other submittals are due within fifteen (15) calendar days of the issuance of this Notice of Award. You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER. Dated this day of , . BY: Richard M. Acree, Jr., Facilities Manager Augusta Recreation, Parks, and Facilities Department ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF AWARD is hereby acknowledged on this day of , . BY: TITLE: Attachment number 1 \nPage 2 of 30 Item # 4 3 SECTION A AGREEMENT THIS AGREEMENT, made this day of , . by and between Augusta Georgia, a political subdivision of the State of Georgia, hereinafter called "Owner" and doing business as a corporation hereinafter called "Contractor." WITNESSETH: That for and in consideration of the payments and agreements as hereinafter mentioned the sufficiency which is hereby acknowledged, the parties agree to as follows: 1. The Contractor will commence construction of the Augusta DFACS HVAC Upgrades. All work is to be in accordance with plans prepared by the owner as included in Bid Item #15-XXX and related documents as listed in item 5 below. 2. The Contractor shall provide all labor, material, parts, engineering, licensing and certifications required by any applicable regulation. Furthermore, the Contractor will furnish all drawings, product data, material, supplies, tools, equipment, labor, traffic control and other services necessary for the construction and completion of the project described herein. 3. The Contractor will commence the work required by the Contract Documents within Thirty (30) calendar days after the date of the Notice of Award and will complete the work not later than 110 days after notice to proceed, unless the period of completion is extended otherwise in accordance with the terms of this agreement. 4. The Contractor agrees to perform all the work described in the Contract Documents for the sum of dollars ($ ). 5. The term "Contract Documents" means and includes the following: Advertisement for Bids Request for Bids #15-XXX Bid Bond Notice of Award Agreement Performance/Payment Bonds Certificate of Owner's Attorney Notice to Proceed Change Order(s) General Conditions Plans Supplemental General Conditions Special Conditions Technical Specifications Addendum # to Bid Item 6. The Owner will pay to the Contractor in the manner and at such times as set forth in the General Conditions such amounts as required by the Contract Documents. 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors and assigns. Attachment number 1 \nPage 3 of 30 Item # 4 4 IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement in Five (5) counterparts, each of which shall be deemed an original on the date first above written. OWNER: AUGUSTA, GEORGIA ATTEST: BY: NAME: Hardie Davis (Mayor) Lena Bonner (Clerk) CONTRACTOR: ATTEST: BY: (SEAL) NAME: NAME: (Type or Print) (Type or Print) TITLE: TITLE: ADDRESS: Attachment number 1 \nPage 4 of 30 Item # 4 5 SECTION PB PERFORMANCE BOND (This is a sample format only) (NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH PAYMENT BOND ON PAGES 7-8, IN FAVOR OF THE OWNER CONDITIONED FOR THE PAYMENT OF LABOR AND MATERIAL.) KNOW ALL MEN BY THESE PRESENTS: That , as Principal, hereinafter called Contractor, and , a corporation organized and existing under the laws of the State of , with its principal office in the City of , State of , as Surety, hereinafter called Surety, are held and firmly bound unto Augusta, Georgia, as Obligee, hereinafter called the Owner, in the penal amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents for the faithful performance of a certain written agreement. WHEREAS, Contractor has by said written agreement dated entered into a contract with Owner for the construction of Augusta DFACS HVAC Upgrades, Augusta, Georgia, in accordance with the specifications issued by the Augusta Recreation Parks and Facilities Department, which contract is by reference made a part hereof, and is hereinafter referred to as the CONTRACT. NOW, THEREFORE, the condition of this obligation is such that, if Contractor shall promptly and faithfully perform said CONTRACT, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the CONTRACT, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly (1) Complete the CONTRACT in accordance with its terms and conditions, or, (2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the CONTRACT falls due. Attachment number 1 \nPage 5 of 30 Item # 4 6 No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. Signed and sealed this day of , . Witness (Seal) (Contractor) Attest By (Seal) (Title) Witness (Seal) (Surety) Attest By (Seal) (Title) Note: Date of Bond must be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. Attachment number 1 \nPage 6 of 30 Item # 4 7 SECTION LMPB LABOR AND MATERIAL PAYMENT BOND (This is a sample format only) (NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND ON PAGES 5-6, IN FAVOR OF THE OWNER CONDITIONED FOR THE PERFORMANCE OF THE CONTRACT.) KNOW ALL MEN BY THESE PRESENTS: That , as Principal, hereinafter called Contractor, and , a corporation organized and existing under the laws of the State of , with its principal office in the City of , State of , as Surety, hereinafter called Surety, are held and firmly bound unto Augusta, Georgia, as Obligee, hereinafter called the Owner, for the use and benefit of claimants as hereinbelow defined in the amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has, by written agreement dated ,entered into a contract with Owner for the construction of Augusta DFACS HVAC Upgrades, in accordance with specifications issued by the Augusta Recreation Parks and Facilities Department, which contract is by reference made a part hereof, and is hereinafter referred to as the CONTRACT. NOW, THEREFORE, the condition of this obligation is such that, if the Contractor shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required to use in the performance of the CONTRACT, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: (1.) A claimant is defined as one having a direct contract with the Contractor or with a subcontractor of the Contractor for labor, material, or both, used or reasonably required for use in the performance of the contract, labor and material being construed as to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the CONTRACT. (2) The above named Contractor and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgement for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. (3) No suit or action shall be commenced hereunder by any claimant, (a) Unless claimant, other than one having a direct contract with the Contractor, shall have given written notice to any two of the following: The Contractor, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Contractor, Owner or Surety, at any place where an office regularly maintained for the transaction of Attachment number 1 \nPage 7 of 30 Item # 4 8 business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. (b) After the expiration of one (1) year following the date on which Contractor ceased work on said CONTRACT, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. (c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. (4) The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. Signed and sealed this day of , . Witness (Seal) (Contractor) Attest By (Seal) (Title) Witness (Seal) (Surety) Attest By (Seal) (Title) Note: Date of Bond must be prior to date of Contract. If Contractor is Partnership, all partners should execute Bond. Attachment number 1 \nPage 8 of 30 Item # 4 9 CERTIFICATE OF OWNER'S ATTORNEY I, the undersigned , the authorized and acting legal representative of Augusta, Georgia, do hereby certify as follows: I have examined the attached Contract(s) and Surety Bonds, and the manner of execution thereof, and I am of the opinion that each of the aforesaid agreements has been duly executed by the proper parties thereto acting through their duly authorized representatives; that said representatives have full power and authority to execute said agreements on behalf of the respective parties named thereon; and that the foregoing agreements constitute valid and legally binding obligations upon the parties executing the same in accordance with the terms, conditions and provisions thereof. ____________________________________________ Andrew G. MacKenzie General Counsel Augusta, Georgia Law Department DATE:_____________________ Attachment number 1 \nPage 9 of 30 Item # 4 10 SECTION NP NOTICE TO PROCEED TO: DATE: , 2015 PROJECT: Augusta DFACS HVAC Upgrades You are hereby notified to commence work in accordance with the Agreement dated , . This Notice accompanies the accepted Shop Drawings. You are to complete the work not later than 90 days following the issuance of this Notice to Proceed. BY: Richard M. Acree, Jr., Facilities Manager Augusta Recreation, Parks and Facilities Department ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged on this day of , . BY: TITLE: Attachment number 1 \nPage 10 of 30 Item # 4 11 SECTION GC GENERAL CONDITIONS INDEX TO ARTICLES OF GENERAL CONDITIONS Section Page GC-01 Definitions 12 GC-02 Additional Instructions and Detail Drawings 14 GC-03 Schedules, Reports and Records 14 GC-04 Drawings and Specifications 14 GC-05 Shop Drawings 15 GC-06 Materials, Services and Facilities 15 GC-07 Inspection and Testing 15 GC-08 Substitutions 16 GC-09 Patents 16 GC-10 Surveys, Permits and Regulations 16 GC-11 Protection of Work, Property and Persons 17 GC-12 Supervision by Contractor 17 GC-13 Changes in the Work 18 GC-14 Changes in Contract Price 18 GC-15 Time for Completion 18 GC-16 Correction of Work 18 GC-17 Subsurface Conditions 19 GC-18 Suspension of Work, Termination and Delay 19 GC-19 Payments to Contractor 21 GC-20 Acceptance of Final Payment as Release 21 GC-21 Insurance 21 GC-22 Contract Security 22 GC-23 Assignments 23 GC-24 Indemnification 23 GC-25 Separate Contracts 23 GC-26 Subcontracting 24 GC-27 Engineer's Authority 24 GC-28 Land and Rights-of-Way 24 GC-29 Guarantee 24 GC-30 Taxes 25 GC-31 Work Adjacent to Railway or Other Property 25 GC-32 Order and Discipline 25 GC-33 Warning Devices and Signs 25 GC-34 Special Restrictions 25 GC-35 As-Built Drawings 25 GC-36 Allowances 25 Attachment number 1 \nPage 11 of 30 Item # 4 12 GC-01. DEFINITIONS: Wherever used in the Contract Documents, the following terms shall have the meanings indicated which shall be applicable to both the singular and plural thereof. 1. ADDENDA: Written or graphic instruments issued prior to the execution of the Agreement which modify or interpret the Contract Documents, Drawings and Specifications, by addition, deletion, clarifications or corrections. 2. BID: The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the work to be performed. 3. BIDDER: Any person, firm or corporation submitting a bid or proposal for the work. 4. BONDS: Bid, Performance and Payment Bonds and other instruments of security furnished by the Contractor and his Surety in accordance with the Contract Documents. 5. CHANGE ORDER: A written order to the Contractor authorizing an addition, deletion or revision in the work within the general scope of the Contract Documents or authorizing an adjustment in the contract price or contract time. 6. CONTRACT DOCUMENTS: The contract including, but not limited to, Request for Proposals, Advertisement for Bids, Information for Bidders, Proposal, Bid Bond, Notice of award, Agreement, Performance Bond, Payment Bond, Notice to Proceed, Change Order, General Conditions, Supplemental General Conditions, Special Conditions, Technical Specifications, Drawings and Addenda. 7. CONTRACT PRICE: The total monies payable to the Contractor under the terms and conditions of the Contract Documents. 8. CONTRACT TIME: The number of calendar days, or defined completion date stated in the Contract Documents for the completion of the work. 9. LIFE OF THE CONTRACT: The total duration of the Contract from Notice to Proceed to completion of all the work. 10. CONTRACTOR: The person, firm or corporation with whom the Owner has executed the Agreement. 11. DRAWINGS: The part of the Contract Documents which show the characteristics and scope of the work to be performed and which have been prepared or approved by the Engineer. 12. ENGINEER: The person, firm or corporation named as such in the Contract Documents. For purposes of this contract, the Facilities Manager for the Augusta Recreation, Parks and Facilities Department or his designated representative shall act as the Engineer. 13. FIELD ORDER: A written order effecting a change in the work not involving an adjustment in the contract price or an extension of the contract time issued by the Engineer to the Contractor during construction. 14. NOTICE OF AWARD: The written notice of the acceptance of the Bid from the Owner to the successful Bidder. 15. NOTICE TO PROCEED: Written communication issued by the Owner to the Contractor authorizing him to proceed with the work and establishing the date of commencement of the work. Attachment number 1 \nPage 12 of 30 Item # 4 13 16. OWNER: For purposes of this Request for Bids, the Owner is Augusta, Georgia. 17. PROJECT: The undertaking to be performed as provided in the Contract Documents. 18. RESIDENT PROJECT REPRESENTATIVE: The authorized representative of the Owner who is assigned to the project or any part thereof. 19. SHOP DRAWINGS: All drawings, diagrams, illustrations, brochures, schedules, and other data which are prepared by the Contractor, a Subcontractor, Manufacturer, Supplier or Distributor, which illustrate how specific portions of the work shall be fabricated or installed. 20. SPECIFICATIONS: A part of the Contract Documents consisting of written descriptions of a technical nature or materials, equipment, construction systems, standards and workmanship. 21. SUBCONTRACTOR: An individual, firm or corporation having a direct contract with the Contractor or any other Subcontractor for the performance of a part of the work at the site. 22. SUBSTANTIAL COMPLETION: That date as certified by the Engineer when the construction of the project or a specified part can be utilized for the purposes for which it is intended. 23. SUPPLEMENTAL GENERAL CONDITIONS: Modifications and/or additions to the General Conditions of a specific nature generally aimed at the specific contract of which it is a part. 24. SUPPLIERS: Any person, supplier or organization who supplies materials or equipment for the work, including that fabricated to a special design, but who does not perform labor at the site. 25. WORK: All labor necessary to produce the construction required by the Contract Documents and all materials and equipment incorporated or to be incorporated in the project. 26. WRITTEN NOTICE: Written notice to any party of the Agreement relative to any part of this Agreement. Said Notice is considered delivered and the service thereof completed, when posted by certified or registered mail to the said party at his last given address or delivered in person to said party or his authorized representative on the work. Attachment number 1 \nPage 13 of 30 Item # 4 14 GC-02. ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS: 1. The Contractor may be furnished additional instructions or detail drawings, by the Engineer, as necessary to carry out the work required by the Contract Documents. 2. Any additional drawings and instructions thus supplied will become a part of the Contract Documents. The Contractor shall carry out the work in accordance with the additional detail drawings and instructions. GC-03. SCHEDULES, REPORTS AND RECORDS: 1. The Contractor shall submit to the Owner such schedule of quantities and costs, progress schedules, payrolls, reports, estimates, records and other data as the Owner may request concerning the work performed or to be performed. 2. Prior to the first partial payment estimate, the Contractor shall submit schedules showing the order in which he proposes to carry on the work, including dates at which he will start the various parts of the work, estimated date of completion of each part and as applicable: 2.1 the dates at which special detail drawings will be required; and 2.2 respective dates for submission of shop drawings, the beginning of manufacture, the testing and the installation of materials, supplies and equipment. 3. The Contractor shall also submit a schedule of payments that he anticipates he will earn during the course of the work. GC-04. DRAWINGS AND SPECIFICATIONS; 1. The intent of the Contract Documents is to describe the scope of work for which the Contractor shall furnish all design, labor, materials, tools, equipment and transportation necessary for the proper execution. All work is to be in accordance with the Contract Documents and all incidental work necessary to complete the project in an acceptable manner, ready for use, occupancy or operation by the Owner is to be included. 2. In case of conflict between any drawings and specifications, the specifications shall govern. Figure dimensions on drawings shall govern over general drawings. 3. Any discrepancies, inconsistencies, or ambiguities found between the Contract Documents and site conditions shall be immediately reported to the Engineer, in writing, who shall promptly correct such inconsistencies or ambiguities in writing. Work done by the Contractor after his discovery of such discrepancies, inconsistencies or ambiguities shall be done at the Contractor's risk. 4. All work that may be called for in the specifications and not shown on the drawings, or shown and not called for in the specifications, shall be executed and furnished by the Contractor as if described in both these ways. Should any work or material be required which is not detailed in the specifications or drawings, either directly or indirectly, but which is nevertheless necessary for the proper carrying out of the intent thereof, the Contractor is to understand the same to be implied and required and shall perform all such work and furnish any such material as fully as if they were particularly delineated or described. 5. It is understood and agreed that the Contractor, by careful examination, has satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions and all other matters which can in any way affect the work under this contract. No verbal agreement or conversation with any officer, agent or employee of the Owner, either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. Attachment number 1 \nPage 14 of 30 Item # 4 15 GC-05. SHOP DRAWINGS: 1. The Contractor shall provide design drawings, shop drawings and product data for all components as may be necessary for the prosecution of the work as required by the Contract Documents. The Engineer shall promptly review all shop drawings. The Engineer's approval of any shop drawings shall not release the Contractor from responsibility for deviations from the Contract Documents. The approval of any shop drawing that deviates substantially from the requirement of the Contract Documents shall be evidenced by a Change Order. 2. When submitted for the Engineer's review, shop drawings shall bear the Contractor's certification that he has reviewed, checked and approved the shop drawings and that they are in conformance with the requirements of the Contract Documents. 3. Portions of the work that require shop drawings or sample submission shall not commence until the shop drawings or submissions have been approved by the Engineer. A copy of each approved shop drawing and each approved sample shall be kept in good order by the Contractor at the site and shall be available to the Engineer. GC-06. MATERIALS, SERVICES AND FACILITIES: 1. It is understood that, except as otherwise specifically stated in the Contract Documents, the Contractor shall provide and pay for all materials, labor, tools, equipment, transportation, supervision, temporary construction of any nature and all other services and facilities of any nature necessary to execute, complete and deliver the work within the specified time. 2. Materials and equipment shall be stored so as to insure the preservation of their quality and fitness for the work. Stored materials and equipment to be incorporated in the work shall be located so as to facilitate prompt inspection. 3. Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer. 4. Materials, supplies or equipment shall be in accordance with samples submitted by the Contractor and approved by the Engineer. 5. Materials, supplies or equipment to be incorporated into the work and purchased by the Contractor or the Subcontractor will be subject to a chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. GC-07. INSPECTION AND TESTING: 1. All materials and equipment used in the construction of the project shall be subject to adequate inspection and testing in accordance with generally accepted standards. 2. The Contractor shall provide, at his expense, the necessary testing, inspection and certification services required by the Contract Documents, unless otherwise provided. 3. The Owner shall provide all other inspection and testing services required by the Contract Documents. 4. If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any work to specifically be inspected, tested or approved by someone other that the Contractor, the Contractor will give the Engineer timely notice of readiness. The Contractor will then furnish the Engineer the required certificates of inspection, testing or approval. Attachment number 1 \nPage 15 of 30 Item # 4 16 5. Neither observation by the Engineer nor inspections, tests or approvals by persons other than the Contractor shall relieve the Contractor from his obligations to perform the work in accordance with the requirements of the Contract Documents. 6. The Engineer and his representatives will at all times have access to the work. In addition, authorized representatives and agents of any participating Federal or State Agency shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials and other relevant data and records. The Contractor will provide proper facilities for such access and observation of the work and also for any inspection or testing thereof. 7. If any work is covered contrary to the written request of the Engineer, it must, if requested by the Engineer, be uncovered for his observation and replaced at the Contractor's expense. 8. If any work has been covered which the Engineer has not specifically requested to observe prior to its being covered or if the Engineer considers it necessary or advisable that covered work be inspected or tested by others, the Contractor at the Engineer's request, will uncover, expose or otherwise make available for observation, inspection or testing as the Engineer may require, that portion of the work in question, furnishing all necessary labor, materials, tools and equipment. If it is found that such work is defective, the Contractor will bear all the expenses of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction. If, however, such work is not found to be defective, the Contractor will be allowed an increase in the contract price or an extension of the contract time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction and an appropriate change order shall be issued. 9. The Contractor shall give the Engineer 24 hours notice of starting any new work. No work shall be done or materials used without suitable supervision and inspection by the Engineer. The Contractor shall furnish the Engineer with necessary samples of material for testing purposes. GC-08. SUBSTITUTIONS: 1. When a material, article or piece of equipment is identified on the drawings or specifications by reference to brand name or catalogue number, the performance or other salient requirements and that other products of equal capacities, quality and function shall be considered. The Contractor may recommend the substitution of a material, article or piece of equipment of equal substance and function for those referred to in the Contract Documents by reference to brand name or catalogue number and if, in the opinion of the Engineer, such material, article or piece of equipment is of equal substance and function to that specified, the Engineer may approve its substitution and use by the Contractor. Any cost differential shall be deducted from the contract price and the Contract Documents shall be appropriately modified by change order. The Contractor warrants that if substitutes are approved, no major changes in the function or general design of the project will result. Incidental changes or extra component parts required to accommodate the substitute will be made by the Contractor without a change in the contract price or contract time. GC-09. PATENTS: 1. The Contractor shall pay all applicable royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and save the Owner harmless from loss on account thereof except that the Owner shall be responsible for any such loss when a particular process, design or the product of a manufacturer or manufacturers is specified, but if the Contractor has reason to believe that the design, process or product specified is an infringement of a patent, he shall be responsible for such loss unless he promptly gives such information to the Engineer. GC-10. SURVEYS, PERMITS AND REGULATIONS: 1. The Owner shall furnish all land surveys and establish all base lines for locating the principal component parts of the work together with a suitable number of benchmarks adjacent to the work as shown in the Attachment number 1 \nPage 16 of 30 Item # 4 17 Contract Documents. From the information provided by the Owner, unless otherwise specified in the Contract Documents, the Contractor shall develop and make all detail surveys needed for construction such as slope stakes, batter boards, stakes for pile locations and other working points, lines, elevations and cut sheets. 2. The Contractor shall carefully preserve benchmarks, reference points and stakes and in case of willful or careless destruction, he shall be charged with the resulting expense and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance. 3. Permits and licenses necessary for the prosecution of the work shall be secured and paid for by the Contractor. The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn and specified. If the Contractor observes that the Contract Documents are at variance therewith, he shall promptly notify the Engineer in writing and any necessary changes shall be adjusted as provided in Section GC-13, Changes in the Work. GC-11. PROTECTION OF WORK, PROPERTY AND PERSONS: 1. The Contractor will be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work. He will take all necessary precautions for the safety of and will provide the necessary protection to prevent damage, injury or loss to all employees on the work and other persons who may be affected thereby, all the work and all materials or equipment to be incorporated therein, whether in storage on or off the site or other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 2. The Contractor will comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction. He will erect and maintain, as required by the conditions and progress of the work, all necessary safeguards for safety and protection. He will notify the owners of adjacent properties when prosecution of the work may affect them. The Contractor will remedy all damage, injury or loss to any property caused, directly or indirectly, in whole or in part, by the Contractor, and subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them are liable, except damage or loss attributable to the fault of the Contract Documents or to the acts or omissions of the Owner or the Engineer or anyone employed by either of them or anyone for whose acts either of them may be liable and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of the Contractor. 3. In emergencies affecting the safety of persons or the work or property at the site or adjacent thereto, the Contractor, without special instructions or authorization from the Engineer or Owner, shall act to prevent threatened damage, injury or loss. He will give the Engineer prompt written notice of any significant changes in the work or deviations from the Contract Documents caused thereby and a Change Order shall be issued covering the changes and deviations involved. 4. The work under this Contract in every respect shall be at the risk of the Contractor until finished and accepted, except to damage or injury caused directly by the Owner's agents or employees. GC-12. SUPERVISION BY CONTRACTOR: 1. The Contractor will supervise and direct the work. He will be solely responsible for the means, methods, techniques, sequences and procedures of construction. The Contractor will employ and maintain on the work a qualified supervisor or superintendent who shall have been designated in writing by the Contractor as the Contractor's representative at the site. The supervisor shall have full authority to act on the behalf of the Contractor and all communications given to the supervisor shall be as binding as if given to the Contractor. The supervisor shall be present on the site at all times as required to perform adequate supervision and coordination of the work. Attachment number 1 \nPage 17 of 30 Item # 4 18 2. All contracts shall provide that Augusta, Georgia may, at reasonable times, inspect the part of the plant, place of business, or work site of a contractor or subcontractor or subunit thereof which is pertinent to the performance of any contract awarded or to be awarded by Augusta, Georgia GC-13. CHANGES IN THE WORK: 1. The Owner may at any time as the need arises, order changes within the scope of the work without invalidating the Agreement. If such changes increase or decrease the amount due under the Contract Documents or in the time required for performance of the work, an equitable adjustment shall be authorized by Change Order. 2. The Engineer, also, may at any time, by issuing a field order, make changes in the details of the work. The Contractor shall proceed with the performance of any changes in the work so ordered by the Engineer unless the Contractor believes that such field order entitles him to a change in the contract price or time or both, in which event he shall give the Engineer written notice thereof within ten (10) days after the receipt of the ordered change pending the receipt of an executed change order or further instruction from the Owner. GC-14. CHANGES IN CONTRACT PRICE: 1. The contract price may be changed only by a change order. The value of any work covered by a change order or of any claim for increase or decrease in the contract price shall be determined by one or more of the following methods in the order of precedence listed below: 1.1 Unit prices previously approved. 1.2 An agreed lump sum. 1.3 The actual cost for labor, direct overhead, materials, supplies, equipment and other services necessary to complete the work. In addition there shall be added an amount to be agreed upon but not to exceed fifteen (15) percent of the actual cost of the work to cover the cost of general overhead and profit. 2. Defective pricing. To the extent that the pricing provided by Contractor is erroneous and defective, the parties may, by agreement, correct pricing errors to reflect the intent of the parties. GC-15. TIME FOR COMPLETION: 1. The date of beginning and the time for completion of the work are essential conditions of the Contract Documents and the work embraced shall be commenced on the date specified in the Notice to Proceed. 2. The Contractor will proceed with the work at such rate of progress to insure full completion within the contract time. It is expressly understood and agreed, by and between the Contractor and the Owner, that the contract time for the completion of the work described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the work. GC-16. CORRECTION OF WORK: 1. The Contractor shall promptly remove from the premises all work rejected by the Engineer for failure to comply with the Contract Documents, whether incorporated in the construction or not and the Contractor shall promptly replace and re-execute the work in accordance with the Contract Documents and without expense to the Owner and shall bear the expense of making good all work of other Contractors destroyed or damaged by such removal or replacement. Attachment number 1 \nPage 18 of 30 Item # 4 19 2. All removal and replacement work shall be done at the Contractor's expense. If the Contractor does not take action to remove such rejected work within ten (10) days after receipt of written notice, the Owner may remove such work and store the materials at the expense of the Contractor. 3. Any omissions or failure on the part of the Engineer to disapprove or reject any work or material shall not be construed to be an acceptance of any defective work or material. The Contractor shall remove, at his own expense and shall rebuild and replace same without extra charge and in default thereof the same may be done by the Owner at the Contractor's expense or in case the Engineer shall not consider the defect of sufficient importance to require the Contractor to rebuild or replace any imperfect work or material, he shall have the power and is hereby authorized to make an equitable deduction from the stipulated price. GC-17. SUBSURFACE CONDITIONS: 1. The Contractor shall promptly and before such conditions are disturbed, except in the event of an emergency, notify the Owner by written notice of: 1.1 Subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents. 1.2 Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents. 2. The Owner shall promptly investigate the conditions and if he finds that such conditions do so materially differ and cause an increase or decrease in the cost of, or in the time required, for performance of the work, an equitable adjustment shall be made and the Contract Documents shall be modified by a Change Order. Any claim of the Contractor for adjustment hereunder shall not be allowed unless he has given the required written notice; provided that the Owner may, if he determines the facts so justify, consider and adjust any such claims asserted before the date of final payment. GC-18. SUSPENSION OF THE WORK, TERMINATION AND DELAY: 1. The Owner may, at any time and without cause, suspend the work or any portion thereof for a period of not more than ninety days or such further time as agreed upon by the Contractor, by written notice to the Contractor. The Engineer shall fix the date on which work shall be resumed. The Contractor will resume that work on the date so fixed. The Contractor will be allowed an increase in the contract price, an extension of the contract time, or both, directly attributable to any suspension. 2. If the Contractor is adjudged bankrupt or insolvent, or if he makes a general assignment for the benefit of his creditors or if a trustee or receiver is appointed for the Contractor or for any of his property or if he files a petition to take advantage of any debtor's act to reorganize under the bankruptcy or applicable laws or if he repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, or if he repeatedly fails to make prompt payments to subcontractors or for labor, materials or equipment or if he disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction of the work or if he disregards the authority of the Engineer, or if, in the opinion of the Engineer, the Contractor fails to make satisfactory progress in prosecuting the work, or if he otherwise violates any provision of the Contract Documents, then the Owner may, without prejudice to any other right or remedy and after giving the Contractor and his Surety a minimum of ten (10) days from delivery of a written notice, terminate the services of the Contractor and take possession of the Project and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and finish the work by whatever method he may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Project, including compensation for additional professional services, such excess shall be paid to the Contractor. If such costs exceed such unpaid balance, the Contractor will pay the difference to the Owner. Such costs incurred by the Owner will be determined by the Engineer and incorporated in a Change Order. Attachment number 1 \nPage 19 of 30 Item # 4 20 3. The Contractor must obtain permission from the Engineer before any equipment can be removed from the job site. In the event such equipment is removed without the Engineer's approval, the job will be terminated until such time as the equipment is returned to the project and any time and money lost by the Contractor as a result of moving the equipment shall be absorbed by the Contractor. 4. Where the Contractor's services have been so terminate by the Owner, said termination shall not affect any right of the Owner against the Contractor then existing or which may thereafter accrue. Any retention or payment of monies by the Owner due the Contractor will not release the Contractor from compliance with the Contract Documents. 5. After ten (10) days from delivery of a written notice to the Contractor and the Engineer, the Owner, may, without cause and without prejudice to any other right or remedy, elect to abandon the Project and terminate the Contract. In such case, the Contractor shall be paid for all work executed and any expense sustained plus reasonable profit. 6. If, through no act or fault of the Contractor, the work is suspended for a period of more than ninety (90) days by the Owner or under an order of court or other public authority of the Engineer fails to act on any request for payment within thirty (30) days after it is submitted or the Owner fails to pay the Contractor substantially the sum approved by the Engineer within thirty (30) days of its approval and presentation, then the Contractor may after ten (10) days from delivery of a written notice to the Owner and the Engineer, terminate the Contract and recover from the Owner payment for all work executed and all expenses sustained. In addition, and in lieu of terminating the Contract, if the Engineer has failed to act on a request for payment or if the Owner has failed to make any payment as aforesaid, the Contractor may, upon ten (10) days notice to the Owner and the Engineer, stop the work until he has been paid all amounts then due, in which event and upon resumption of the work, Change Orders shall be issued for adjusting the contract price or extending the contract time or both to compensate for the costs and delays attributable to the stoppage of the work. 7. If the performance of all or any portion of the work is suspended, delayed, or interrupted as a result of a failure of the Owner or the Engineer to act within the time specified in the Contract Documents, or if no time is specified, within reasonable time, an adjustment in the contract price or an extension of the contract time or both, shall be made by Change Order to compensate the Contractor for the costs and delays necessarily caused by the failure of the Owner or the Engineer. 8. Specified excuses for delay or non-performance. Contractor 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 9. Termination of the Agreement for Default Failure of the Contractor, which has not been remedied or waived, to perform or otherwise comply with a material condition of the Agreement shall constitute default. The Owner may terminate this contract is part or in whole upon written notice to the Contractor pursuant to this term. GC-19. PAYMENTS TO THE CONTRACTOR: 1. Between the first (1st) and the fifth (5th) of each month, the Contractor will submit to the Engineer a partial payment estimate filled out and signed by the Contractor on an approved form covering the work performed during the period covered by the partial payment estimate and supported by such data as the Engineer may reasonably require. If payment is requested on the basis of materials and equipment not incorporated in the work but delivered and suitably stored at or near the site, the partial payment estimate shall also be accompanied by such supporting data, satisfactory to the Owner, as will establish the Owner's title to the material and equipment and protect his interest therein, including applicable insurance. The Engineer will, within ten days after receipt of each partial payment estimate, either indicate in writing his approval of payment and present the partial payment estimate to the Owner, or return the partial payment estimate to the Contractor indicating in writing his reasons for refusing to approve payment. In the latter case, the Contractor may make the necessary corrections and resubmit Attachment number 1 \nPage 20 of 30 Item # 4 21 the partial payment estimate. The Owner will, within ten days of presentation to him of an approved partial payment estimate, pay the Contractor a progress payment on the basis of the approved partial payment estimate. The Owner shall retain ten (10%) percent of the amount of each payment until final completion and acceptance of all work covered by the Contract Documents. The Owner at any time, however, after fifty (50%) percent of the work has been completed, if he finds that satisfactory progress is being made, may reduce the retained percentage to five (5%) percent on the current and remaining estimates. On completion and acceptance of a part of the work on which the price is stated separately in the Contract Documents, payment may be made in full, including retained percentages, less authorized deductions. 2. The request for payment may also include an allowance for the cost of such major materials and equipment which are suitably stored and insured either at or near the site. 3. All work covered by partial payment shall thereupon become the sole property of the Owner, but this provision shall not be construed as relieving the Contractor of the sole responsibility for the care and protection of the work, material and equipment upon which payments have been made or the restoration of any damaged work, or as a waiver of the right of the Owner to require the fulfillment of all terms of the Contract Documents. 4. Upon completion and acceptance of the work, the Engineer shall issue a certificate attached to the final payment request that the work has been accepted by him under the conditions of the Contract Documents. The entire balance found to be due the Contractor, including the retained percentages shall be paid to the Contractor, except such sums as may be lawfully retained by the Owner for saving the Owner or the Owner's agents harmless from all claims growing out of the lawful demands of Subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, tools and supplies, incurred in the furtherance of the performance of the work. The Contractor shall, at the Owner's request, furnish satisfactory evidence that all obligations of the nature designated above have been paid, discharged, or waived. If the Contractor fails to do so, the Owner may, after having notified the Contractor, either pay unpaid bills or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to the Contractor shall be resumed, in accordance with the terms of the Contract Documents, but in no event shall the provisions of this sentence be construed to impose any obligations upon the Owner to either the Contractor, his Surety, or any third party. In paying any unpaid bills of the Contractor, any payment so made by the Owner shall be considered as a payment made under the Contract Documents by the Owner to the Contractor and the Owner shall not be liable to the Contractor for any such payments made in good faith. 5. If the Owner fails to make payment 30 days after approval by the Engineer, in addition to other remedies available to the Contractor, there may be added to each such payment, interest at a maximum rate of 1% per month commencing on the first day after said payment is due and continuing until the payment is received by the Contractor. 6. Prohibition Against Contingency Fees: The Contractor 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 Contractor for the purpose of securing business and that the Contractor has not received any non-Owner fee related to this Agreement without the prior written consent of Owner. For breach or violation of this warranty, the Owner 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. 7. Georgia Prompt Pay Act not Applicable. The terms of this agreement supersede any and all provisions of the Georgia Prompt Pay Act. Attachment number 1 \nPage 21 of 30 Item # 4 22 GC-20. ACCEPTANCE OF FINAL PAYMENT AS RELEASE: 1. The acceptance by the Contractor of final payment shall be and shall operate as a release to the Owner of all claims and all liability to the Contractor other than claims in stated amounts as may be specifically excepted by the Contractor for all things done or furnished in connection with this work and for every act and neglect of the Owner and other relating to or arising out of this work. Any payment, however, final or otherwise, shall not release the Contractor or his Sureties from any obligations under the Contract Documents or the Performance Bond and Payment Bonds. GC-21. INSURANCE: 1. The Contractor shall purchase and maintain during the life of this Contract such insurance as will protect him from claims set forth below which may arise out of or result from the Contractor's execution of the work, whether such execution by himself or by any Subcontractor or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. 1.1 Claims under Workman's Compensation, disability benefit and other similar employee benefit acts, 1.2 Claims for damages because of bodily injury, occupational sickness or disease or death of his employees, 1.3 Claims for damages because of bodily injury, sickness or disease or death of any person other than his employees, 1.4 Claims for damages insured by usual personal injury liability coverage which are sustained (1) by any person as a result of an offense directly or indirectly related to the employment of such person by the Contractor or (2) by any other person; and 1.5 Claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom. 2. Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the work. These Certificates shall contain a provision that coverage afforded under the policies will not be cancelled unless at least fifteen (15) days prior written notice has been given to the Owner. 3. The Contractor shall procure and maintain, at his own expense, during the life of the Contract, liability insurance as hereinafter specified. 3.1 Contractor's General Public liability and Property Damage insurance including vehicle coverage issued to the Contractor and protecting him from all claims for personal injury, including death, and all claims for destruction of or damage to property, arising out of or in connection with any operations under the Contract Documents, whether such operations be by himself or by any Subcontractor under him or anyone directly or indirectly employed by the Contractor or by a Subcontractor under him. Insurance shall be written with a limit of liability of not less than $500,000 for all damages arising out of bodily injury, including death, at any time resulting therefrom, sustained by any one person in any one accident; and a limit of liability of not less than $500,000 for any such damages sustained by two or more persons in any one accident. Insurance shall be written with a limit of liability of not less than $500,000 for all property damage sustained by any one person in any one accident; and a limit of liability of not less than $500,000 for any such damage sustained by two or more persons in any one accident. 4. The Contractor shall procure and maintain, at his own expense, during the life of the Contract, in accordance with the provisions of the laws of the state in which the work is performed, Workman's Compensation Insurance, including occupational disease provisions, for all of his employees at the site of the project and in case any work is sublet, the Contractor shall require such Subcontractor similarly to provide Workman's Compensation Insurance, including occupational disease provision for all of the Attachment number 1 \nPage 22 of 30 Item # 4 23 latter's employees unless such employees are covered by the protection afforded by the Contractor. In case any class of employees engaged in hazardous work under this Contract at the site of the Project is not protected under Workman's Compensation statute, the Contractor shall provide and shall cause each Subcontractor to provide adequate and suitable insurance for the protection of his employees not otherwise protected. 5. The Contractor shall secure, if applicable, "All Risk" type Builder's Risk Insurance for work to be performed. Unless specifically authorized by the Owner, the amount of such insurance shall not be less than One Million Dollars ($1,000,000.00). The policy shall cover not less than the losses due to fire, explosion, hail, lightening, vandalism, malicious mischief, wind, collapse, riot, aircraft and smoke during the contract time and until the work is accepted by the Owner. The policy shall name as the insured the Contractor, the Engineer and the Owner. GC-22. CONTRACT SECURITY: 1. The Contractor shall, within ten (10) days after the receipt of the Notice of Award, furnish the Owner with a Performance Bond and a Payment Bond in penal sums equal to the amount of the contract price, conditioned upon the performance by the Contractor of all undertakings, covenants, terms, conditions and agreements of the Contract Documents and upon the prompt payment by the Contractor to all persons supplying labor and materials in the prosecution of the work provided by the Contract Documents. Such bonds shall be executed by the Contractor and a corporate bonding company licensed to transact business in the state in which the work is to be performed and named on the current list of "Surety Companies Acceptable on Federal Bonds" as published in the Treasury Department Circular Number 570. The expense of these bonds shall be borne by the Contractor. If at any time a Surety on any such bond is declared a bankrupt or loses its right to do business in the state in which the work is to be performed or is removed from the list of Surety Companies accepted on Federal Bonds, Contractor shall within ten (10) days after notice from the Owner to do so, substitute an acceptable bond (or bonds) in such form and sum and signed by such other Surety or Sureties as may be satisfactory to the Owner. The premiums on such bonds shall be paid by the Contractor. No further payments shall be deemed due nor shall be made until the new Surety or Sureties shall have furnished an acceptable bond to the Owner. GC-23. ASSIGNMENTS: 1. Neither the Contractor nor the Owner shall sell, transfer, assign or otherwise dispose of the Contract or any portion thereof, or his right, title or interest therein, or his obligations thereunder, without written consent of the other party. GC-24. INDEMNIFICATION: 1. The Contractor will indemnify and hold harmless the Owner and the Engineer and their agents and employees from and against all claims, damages, losses and expenses including attorney's fees arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, including the loss of use resulting therefrom; and is caused in whole or in part by any negligent or willful act or omission of the Contractor and Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. 2. In any and all claims against the Owner or the Engineer or any of their agents or employees, by an employee of the Contractor, Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under Workman's Compensation acts, disability benefit acts or other employee benefits acts. 3. The obligation of the Contractor under this paragraph shall not extend to the liability of the Engineer, his agents or employees arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, design or specifications. Attachment number 1 \nPage 23 of 30 Item # 4 24 GC-25. SEPARATE CONTRACTS: 1. The Owner reserves the right to let other contracts in connection with this Project. The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work and shall properly connect and coordinate his work with theirs. If the proper execution or results of any part of the Contractor's work depends upon the work of any other Contractor, the Contractor shall inspect and promptly report to the Engineer any defects in such work that render it unsuitable for such proper execution and results. 2. The Owner may perform additional work related to the Project by himself or he may let other contracts containing provisions similar to these. The Contractor will afford the other Contractors who are parties to such contracts (or the Owner, if he is performing the additional work himself), reasonable opportunity for the introduction and storage of materials and equipment and the execution of the work and shall properly connect and coordinate his work with theirs. 3. If the performance of additional work by other Contractors or the Owner is not noted in the Contract Documents prior to the execution of the Contract, written notice thereof shall be given to the Contractor prior to starting any such additional work. If the Contractor believes that the performance of such additional work by the Owner or others involves him in additional expense or entitles him to an extension of the contract time, he may make a claim therefor as provided in Sections GC-13 and GC-14. GC-26. SUBCONTRACTING: 1. The Contractor may utilize the services of specialty Subcontractors on those parts of the work which, under normal contracting practices, are performed by specialty Subcontractors. 2. The Contractor shall not award work to Subcontractor(s), in excess of fifty (50%) percent of the Contract Price, without prior written approval of the Owner. 3. The Contractor shall be fully responsible to the Owner for the acts and omissions of his Subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of person directly employed by him. 4. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind the Subcontractors to the Contractor by the terms of the Contract Documents insofar as applicable to the work of Subcontractors and to give the Contractor the same power as regards terminating any subcontract that the Owner may exercise over the Contractor under any provision of the Contract Documents. 5. Nothing contained in this Contract shall create any contractual relation between any Subcontractor and the Owner. GC-27. ENGINEER'S AUTHORITY: 1. The Engineer shall act as the Owner's representative during the construction period. He shall decide questions which may arise as to quality and acceptability of materials furnished and work performed. He shall interpret the intent of the Contract Documents in a fair and unbiased manner. The Engineer will make visits to the site and determine if the work is proceeding in accordance with the Contract Documents. 2. The Contractor will be held strictly to the intent of the Contract Documents in regard to the quality of materials, workmanship and execution of the work. Inspections may be made at the factory or fabrication plant or the source of material supply. Attachment number 1 \nPage 24 of 30 Item # 4 25 3. The Engineer will not be responsible for the construction means, controls, techniques, sequences, procedures, or construction safety. 4. The Engineer shall promptly make decisions relative to interpretation of the Contract Documents. GC-28. LAND AND RIGHTS-OF-WAY: 1. The Owner shall provide the Contractor information which delineates and describes the land owned and right-of-way acquired. 2. The Contractor shall provide at his own expense and without liability to the Owner any additional land or building and access thereto that the Contractor may desire for temporary construction facilities, or for storage of materials. GC-29. GUARANTEE: 1. The contractor shall provide a warranty on all work, materials and equipment incorporated into this project. The warranty period shall not be less than one (1) year from the date of completion and shall cover parts and labor. GC-30. TAXES: 1. The Contractor will pay all sales, consumer, use and other similar taxes required by the law of the place where the work is performed. GC-31. WORK ADJACENT TO RAILWAY OR OTHER PROPERTY: 1. Whenever the work embraced in this Contract is near the tracks, structures or buildings of the Owner or of other railways, persons, or property, the work shall be so conducted as not to interfere with the movement of trains or other operations of the railway, or, if in any case such interference be necessary, the Contractor shall not proceed until he has first obtained specific authority and directions therefor from the proper designated officer of the Owner and has the approval of the Engineer. GC-32. ORDER AND DISCIPLINE: 1. The Contractor shall at all times enforce strict discipline and good order among his employees and any employee of the Contractor who shall appear to be incompetent, disorderly or intemperate or in any other way disqualified for or unfaithful to the work entrusted to him, shall be discharged immediately on the request of the Engineer and he shall not again be employed on the workout with the Engineer's written consent. GC-33. WARNING DEVICES AND SIGNS: 1. The Contractor shall furnish, erect, paint and maintain appropriate warning devices in and around the construction area. GC-34. SPECIAL RESTRICTIONS: Not Used for this Project GC-35. AS-BUILT DRAWINGS: Not Used for this Project GC-36. ALLOWANCES: - Not Used for this Project Attachment number 1 \nPage 25 of 30 Item # 4 26 SECTION SGC INDEX TO SUPPLEMENTAL GENERAL CONDITIONS SECTION TITLE SGC-01. Contractor's Breakdown of Lump Sum Payment Items SGC-02. Prior Use By Owner SGC-03. Cleaning Up SGC-04. Maintenance of Traffic SGC-05. Maintenance of Access SGC-06. Erosion Control and Restoration of Property SGC-07. Safety and Health Regulations SGC-08. Pre-Construction Conference SGC-09. Settlement of Disputes SGC-10. Open Records Act Attachment number 1 \nPage 26 of 30 Item # 4 27 SECTION SGC SUPPLEMENTAL GENERAL CONDITIONS SGC-01. CONTRACTOR'S BREAKDOWN OF LUMP SUM PAYMENT ITEMS: The Contractor shall, immediately after the contract has been awarded, submit to the Engineer for his approval, a breakdown showing estimates of all costs apportioned to the major elements of design, equipment, material and labor comprising the total work included under any of the lump sum items shown in the proposal. These estimates as approved will serve as the basis for estimating of payments due on all progress estimates. SGC-02. PRIOR USE BY OWNER: Prior to completion of all the work, the Owner may take over the operation and/or use of the incomplete project or portions thereof. Such prior use of the facilities by the Owner shall not be deemed as final acceptance of any work or relieve the Contractor from any of the requirements of the Contract Documents. SGC-03. CLEAN-UP: The Contractor shall keep the premises free from the accumulation of waste material and rubbish and upon completion of the work, prior to final acceptance of the completed project by the Owner, he shall remove from the premises all rubbish, surplus materials, implements, tools, etc., and leave his work in a clean condition, satisfactory to the Engineer. Periodic cleaning will be scheduled by a representative of the owner. SGC-04. MAINTENANCE OF TRAFFIC AND OPERATIONS: The Contractor shall provide adequate warning and protection for pedestrian and vehicular traffic from any hazard arising out of the Contractor's operations and will be held responsible for any damage caused by negligence on his part or by the improper placing of or failure to display danger signs and road lanterns. All traffic lanes, sidewalks and driveways will be kept open and clear at all times except as provided below. The Contractor shall not block traffic on any street more than 30 minutes or without written permission from such agency. Before leaving the work each night, it shall be placed in such condition as to cause the least possible hazard therefrom. Should the Contractor fail to comply with the provisions of this paragraph, the Owner may, with his own forces, provide signs, flagmen, barricades and/or passageways or clear the pavement and deduct the cost thereof from sums due to the Contractor. Detours and traffic controls are to be reviewed by Traffic Engineering before implementation. SGC-05. MAINTENANCE OF ACCESS: The Contractor will be required to maintain access to the establishment during all times it is normally open for business. Bridges across open trenches and work areas will be required to provide vehicular and pedestrian access. Bridges with handrail protection will be required for crosswalks at street intersections. It is recognized that it will be necessary to remove bridges and to block cross traffic while equipment is in operation. The Contractor shall, however, plan and pursue his operations so as to minimize the time that direct entrance is blocked. SGC-06. EROSION CONTROL AND RESTORATION OF PROPERTY: The Contractor will be required to schedule his work and perform operations in such a manner that siltation and bank erosion will be minimized during all phases of construction. This work should included protective measures in places before land disturbing activities begin in accordance with Federal, State and Local Ordinances covering soil erosion and siltation prevention. Any areas disturbed during the course of construction shall be restored to a condition equal or better than the original condition. SGC-07. SAFETY AND HEALTH REGULATIONS: The Contractor shall comply with the Department of Labor Safety and Health Regulations for construction promulgated under the Occupational, Health and Safety Act of 1970 (PL31-596) and under Section 107 of the Contract Work Hours and Safety Standards Act (PL91-54). Attachment number 1 \nPage 27 of 30 Item # 4 28 SGC-08. PRE-CONSTRUCTION CONFERENCE: A pre-construction conference may be held at an acceptable time to the Owner and the Contractor prior to the "Notice to Proceed" to coordinate the work and satisfy all requirements of the Contract Documents. SGC-09. SETTLEMENT OF DISPUTES: This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, U.S.A. All claims, disputes and other matters in question between Licensee and Icon Software Corporation arising out of, or relating to, this Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. Contractor, by executing this Agreement, specifically consents to venue and jurisdiction in Richmond County, Georgia and waives any right to contest jurisdiction and venue in said Court SGC-10. OPEN RECORDS ACT: Contractor acknowledges that this Agreement and certain documentation may be subject to the Georgia Open Records Act (O.C.G.A. § 50-18-70, et seq. Contractor shall cooperate fully in responding to such request and shall make all records, not exempt, available for inspection and copying as required by law. SGC-11. LIQUIDATED DAMAGES: The Contractor agrees to pay as liquidated damages to the Owner the sum of $__NONE______ for each consecutive calendar day after expiration of the Contract Time of Completion Time, except for authorized extensions of time by the Owner. The parties agree that these provisions for liquidated damages are not intended to operate as penalties for breach of Contract. The liquidated damages set forth above are not intended to compensate the Owner for any damages other than inconvenience and loss of use or delay in services. The existence or recovery of such liquidated damages shall not preclude the Owner from recovering other damages in addition to the payments made hereunder which the Owner can document as being attributable to the documented Contractor failures. In addition to other costs that may be recouped, the Owner may include costs of personnel and assets used to coordinate, inspect, and re-inspect items within this Contract as well as attorney fees if applicable. . SPECIAL CONDITIONS SC-01. LICENSE: The successful bidder shall have a current Business license during the term of this contract. The license shall be purchased form the Business License and Enforcement Department. SC-02. COORDINATION OF WORK: The Contractor shall coordinate his work with the Landscape Section of the Facilities Management Division of Augusta Public Services Department as required for traffic control and access. All construction shall be in accordance with the contract documents and applicable codes and regulations. SC-03. OPERATION AND STORAGE AREAS: The owner will not be responsible for providing security for any stored materials, on site or off. SC-04. PRESERVATION OF EXISTING VEGETATION: The Contractor will preserve and protect existing vegetation such as trees, shrubs and grass on or adjacent to the site which do not unreasonably interfere with the construction as may be determined by the Engineer. SC-05. CLEAN-UP: The Contractor shall keep the premises free from the accumulation of waste material and rubbish. Upon completion of the work, prior to final acceptance of the completed project by the Owner, he shall remove from the premises all rubbish and surplus materials to the satisfaction of the Engineer. Attachment number 1 \nPage 28 of 30 Item # 4 29 SC-06. USE OF AUGUSTA, GEORGIA LANDFILL: All contracts for contractors performing demolition and/or construction projects for Augusta, Georgia shall contain a provision requiring that all debris, trash and rubble from the project be transported to and disposed of at the Augusta, Georgia Solid Waste Landfill in accordance with local and state regulations. The contractor shall provide evidence of proper disposal through manifests, which shall include the types of material disposed of, the name and location of the disposal facility, date of disposal and all related fees. SC-07. 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 SC-08. 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 ACKNOWLEDGMENT “Contractor acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Board of Commissioners and approval of the Mayor. Under Georgia law, Contractor is deemed to possess knowledge concerning Augusta, Georgia's ability to assume contractual obligations and the consequences of Contractor's provision of goods or services to Augusta, Georgia under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that the Contractor may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Contractor agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if the Contractor provides goods or services to Augusta, Georgia in excess of the Attachment number 1 \nPage 29 of 30 Item # 4 30 any contractually authorized goods or services, as required by Augusta, Georgia's Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods or services provided by Contractor. Contractor assumes all risk of non-payment for the provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized, including, without limitation, all remedies at law or equity." This acknowledgement shall be a mandatory provision in all Augusta, Georgia contracts for goods and services, except revenue producing contracts Attachment number 1 \nPage 30 of 30 Item # 4 Request for Proposal Request for Proposals will be received at this office until Wednesday, June 17, 2015 @ 3:00 p.m. for furnishing: RFP Item #15-180 Design/Build HVAC Upgrades - DFACS for Recreation, Parks & Facilities Department RFPs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 RFP documents may be viewed on the Augusta Georgia web site under the Procurement Department ARCbid. RFP documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. A Mandatory Pre Proposal Conference will be held on Tuesday, June 2, 2015 @ 10:00 a.m. in the Procurement Department, 535 Telfair Street, Room 605, Augusta, GA 30901. A mandatory site visit will follow. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Thursday, June 4, 2015, @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. No RFP may be withdrawn for a period of 90 days after time has been called on the date of opening. Request for proposals (RFP) and specifications. An RFP shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the request for proposal including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark RFP number on the outside of the envelope. Proponents are cautioned that acquisition of RFP documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RFP documents from unauthorized sources places the proponent at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle May 7, 14, 21, 28, 2015 Metro Courier May 13, 2015 Revised: 1/12/2015 Attachment number 2 \nPage 1 of 1 Item # 4 VENDORS Attachment B Addendum #1 E-Verify # SAVE Form Original 7 Copies Fee Proposal GOLD MECH SERVICES 1559 BROAD STREET AUGUSTA, GA. 30904 YES YES 181543 YES YES YES YES COPPER CONSTRUCTION CO. 410 MCINTOSH STREET VIDALIA, GEORGIA 30474 YES YES 585318 YES YES YES YES COLEMAN MECH 135 HENRY MILLER STREET HARLEM, GA 30814 YES YES 612078 YES YES YES YES Proposal Opening RFP Item #15-180 Design/Build HVAC Upgrades - DFACS for Augusta, Georgia - Recreation, Parks & Facilities Department RFP Due: Wednesday, June 17, 2015 @ 3:00 p.m. Total Number Specifications Mailed Out: 13 Total Number Specifications Download (Demandstar): 3 Total Electronic Notifications (Demandstar): 74 Mandatory Pre-proposal/Telephone Conference Attendees: 8 Total packages submitted: 3 Total Noncompliant: 0 The following vendors did not respond: THERMAL RESOURCE SALES INC / 7499 PARKLAND ROAD, SUITE 100 / COLUMBIA, SC 29223 YEAROUT SERVICE / 4096 BUSINESS PARK CT / EVANS, GA 30809 PRUETT FORD & ASSOCIATES / 1201 BROAD STREET, SUITE 3A / AUGUSTA, GA 30901 EDC / 1201 BROAD STREET / AUGUSTA, GA 30901 Page 1 of 1 Attachment number 3 \nPage 1 of 1 Item # 4 Evaluation Criteria PTS COLEMAN MECH 135 HENRY MILLER STREET HARLEM, GA 30814 COPPER CONSTRUCTION CO. 410 MCINTOSH STREET VIDALIA, GEORGIA 30474 GOLD MECH SERVICES 1559 BROAD STREET AUGUSTA, GA. 30904 1. Professional qualification necessary for satisfactory completion of the work.20 20 20 20 2. Specialized experience and technical competence in the type of work required.20 20 20 20 3. Capacity to accomplish the work 15 15 15 15 4. Past performance on contracts with Government agencies, private agencies, private industry in terms of cost control, quality work, and compliance with performance schedules. Document by references and other means 10 10 10 10 5 Firms understanding of work to be done 15 15 15 15 6. Other Factors 1. Quality & conciseness of the Work Program Schedule. 2. Consultant proposal identifies other technical or unique factors directly applicable to this study but not included in the RFP. 3. Evidence that the consultant consortium (if applicable) roles & efforts in the project are clearly defined. 10 10 10 10 Proximity to Area • Within Richmond County 5 points • Within CSRA 4 points • Within Georgia 3 points • Within SE United States (includes AL, TN, NC, SC, FL) 2 points • All Others 1 point 5 5 5 5 Cost of Services • Lowest Fee 5 points • Second 4 points • Third 3 points • Fourth 2 points • Fifth 1 point 5 5 3 4 Total 100 100 98 99 Cummulative Evaluation Sheet RFP Item #15-180 Design/Build HVAC Upgrades - DFACS for Augusta, Georgia - Recreation, Parks & Facilities Department Wednesday, July 1, 2015 @ 11:00 a.m. Attachment number 4 \nPage 1 of 1 Item # 4 Recreation, Parks and Facilities Departm ent Lonnie W im berly Richard M . Acree, Jr. Deputy Director - Facilities Facilities M anager Augusta Recreation, Parks, and Facilities Department 2027 Lum pkin Road, P.O. Box 5605, Augusta, GA 30916-5605 (706)821-2426 – Fax (706) 821-2822 W W W .AUGUSTAGA.GOV MEMORANDUM TO: Ms. Geri Sams, Procurement Director FROM: Mr. Richard M. Acree, Jr., Facilities Manager THROUGH: Mr. Lonnie Wimberly, Deputy Director, Facilities THROUGH: Mr. Ron Houck, Interim Director DATE: July 30, 2015 SUBJECT: RFP 15-180 – Design/Build HVAC Upgrade for DFACS Ms. Sams: The proposals for the referenced RFP were received on 06/17/2015. We received 3 compliant proposals. The qualifications of each firm was carefully evaluated by a committee consisting of two representatives from Recreation, Parks and Facilities and one from Procurement. Coleman Mechanical out of Harlem, Georgia was judged to have the highest score after considering all factors and we recommend awarding the contract to this firm. Please request the appropriate follow-up paperwork from Coleman so we can move forward. We do wish to consult with this firm as soon as the documents are received to insure we are clear of scope, schedule and other project specifics to compete the contract. An agenda Item will be prepared based upon these discussions. Thank you for your assistance in securing this pricing. Please do not hesitate to call if you have any questions or need additional clarification. Cc: Lonnie Wimberly Attachment number 5 \nPage 1 of 1 Item # 4 Attachment number 6 \nPage 1 of 3 Item # 4 Attachment number 6 \nPage 2 of 3 Item # 4 Attachment number 6 \nPage 3 of 3 Item # 4 Attachment number 7 \nPage 1 of 2 Item # 4 Attachment number 7 \nPage 2 of 2 Item # 4 Attachment number 8 \nPage 1 of 2 Item # 4 Attachment number 8 \nPage 2 of 2 Item # 4 Public Service Committee Meeting 1/12/2016 1:00 PM BEAMS CONTRACTING SE DEVELOPMENT PROJECT Department:Augusta Regional Airport Presenter: Caption:Approve a request for the Augusta Richmond County Commission to accept the Beams Contracting SE Development Project Change Order #4 that was approved by the Aviation Commission on December 03, 2015. Background: The project consists of constructing a new roadway and utility corridor to the Airport’s midfield in order to facilitate aviation related development. The ultimate result of this Project is to have a ‘shovel ready’ site that is ready for immediate economic development. A portion of this roadway includes the General Perry Smith Parkway. On September 24, 2012, a construction contract with Beam’s Contracting, Inc. was executed in the amount of $4,035,194.91. The project is funded by SPLOST and is within budget. Change Order #1 accounted for additions and deletions to the Project scope based on comments from County, state and federal regulatory agencies. The resulting deductive contract modification included a scope reduction and cost adjustments due to appreciation in materials, labor, overhead and taxes. Change Order #2 compensated the contractor for additional water quality inspections and cost escalations. Change Order #3 added utilities to the scope which included water, sanitary sewer, and electricity. Analysis:This Change Order provides the addition of sod and irrigation along the southern most portion of the General Perry Smith Parkway. This will enhance the appearance of the Parkway. Other changes consist of the final adjustments of the utilities to match the as-built quantities. The Airport’s engineering consultant, Mead & Hunt has reviewed the proposed costs and found them to be reasonable. Original Contract $4,035,194.91 Contract Modification #1 -$387,172.56 Contract Modification #2 Cover Memo Item # 5 $145,649.91 Contract Modification #3 $757,831.05 Contract Modification #4 $102,904.84 Revised Contract Total $4,654,408.15 Financial Impact:Original Contract $4,035,194.91 Contract Modification #1 - $387,172.56 Contract Modification #2 $145,649.91 Contract Modification #3 $757,831.05 Contract Modification #4 $102,904.84 Revised Contract Total $4,654,408.15 Alternatives:Deny Recommendation:Approve Funds are Available in the Following Accounts: Funding by Splost and funds are available REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 5 CONTRACT MODIFICATION NUMBER 4 OWNER: Augusta Regional Airport CONTRACTOR: Beam’s Contracting, Inc. 1501 Aviation Way 15030 Atomic Road Augusta, GA 30906 Beech Island, SC 29842 PROJECT: Southeast Development Area Access CONTRACT DATE: September 18, 2012 PROJECT NUMBER: Augusta Richmond County Purchase Order P214540 NO WORK COVERED BY THIS CHANGE ORDER MAY PROCEED UNTIL CONTRACTOR IS IN RECEIPT OF A COPY OF FULLY EXECUTED ORDER BY THE CONTRACTOR, THE OWNER AND THE ENGINEER. IF CONTRACTOR IS IN AGREEMENT WITH THIS CHANGE, CONTRACTOR SHOULD EXECUTE ALL COPIES AND RETURN ALL COPIES TO THE CONSTRUCTION PROJECT MANAGER WITHIN SEVEN (7) CALENDAR DAYS. THIS CHANGE WILL INCREASE OR DECREASE THE CONTRACT AMOUNT AND TIME TO COMPLETE BY THE AMOUNT SHOWN BELOW. ALL OTHER TERMS OF THE CONTRACT, INCLUDING THE GENERAL, SUPPLEMENTARY AND OTHER CONDITIONS OF THE CONTRACT SHALL APPLY TO THIS CHANGE ORDER UNLESS EXPRESSLY MODIFIED BY THIS CHANGE. DESCRIPTION OF CHANGE: The primary change of Change Order 4 is the addition of irrigation and sod along the southern most portion of the General Perry Smith Parkway. This will enhance the appearance of the Parkway and also aid Airport Maintenance Staff by providing an easily maintainable project. Other changes consist of minor additions to utilities to match as-built quantities with the Plans. ORIGINAL TOTAL CONTRACT PRICE 4,035,194.91 APPROVED COST ADDITIONS (DELETIONS) TO DATE $516,308.40 AMOUNT OF THIS CHANGE ORDER $102,904.84 REVISED TOTAL CONTRACT PRICE $4,654,408.15 PERCENTAGE FOR THIS CHANGE ORDER OF ORIGINAL CONTRACT PRICE 2.55% TOTAL CHANGE ORDER PERCENTAGE OF ORIGINAL CONTRACT PRICE 15.35% ORIGINAL TOTAL CONTRACT CALENDAR DAYS 160 CALENDAR DAY ADDITIONS (DELETIONS) PREVIOUS CHANGE ORDERS 110 CALENDAR DAY ADDITIONS (DELETIONS) THIS CHANGE ORDER REVISED TOTAL CONTRACT CALENDAR DAYS 270 CONTRACTOR ACKNOWLEDGES, BY ITS EXECUTION AND ACCEPTANCE OF THIS CHANGE ORDER, THAT THE ADJUSTMENTS IN CONTRACT PRICE AND TIME SHOWN HEREON CONSTITUTES FULL AND COMPLETE COMPENSATION AND SATISFACTION FOR ALL COSTS AND MODIFICATIONS OF PERFORMANCE TIME INCURRED BY THE CONTRACTOR AS A RESULT OF THIS CHANGE ORDER. NO OTHER CLAIM FOR INCREASED COST OF PERFORMANCE OR MODIFICATIONS OF TIME WILL BE GRANTED BY THE OWNER FOR THIS WORK COVERED BY THIS CHANGE. THE CONTRACTOR HEREBY WAIVES AND RELEASE ANY FURTHER CLAIMS FOR COST OR TIME AGAINST THE OWNER ARISING FROM OR RELATING TO THE MATTERS OF WORK SET FORTH OR CONTEMPLATED BY THIS CHANGE ORDER. CONTRACTOR’S ACCEPTANCE: Beam’s Contracting, Inc. Signature Date Typed Name: Title A/E RECOMMENDED FOR APPROVAL: Mead & Hunt, Inc. Signature Date Typed Name: Title Attachment number 1 \nPage 1 of 4 Item # 5 OWNER RECOMMENDED FOR APPROVAL: Augusta Regional Airport Signature Date Typed Name: Title Attachment number 1 \nPage 2 of 4 Item # 5 CONTRACT MODIFICATION NUMBER 4 OWNER: Augusta Regional Airport CONTRACTOR: Beam’s Contracting, Inc. 1501 Aviation Way 15030 Atomic Road Augusta, GA 30906 Beech Island, SC 29842 PROJECT: Southeast Development Area Access CONTRACT DATE: September 18, 2012 PROJECT NUMBER: Augusta Richmond County Purchase Order P214540 DESCRIPTION OF CHANGE: The primary change of Change Order 4 is the addition irrigation and sod to be installed along the southern most portion of the General Perry Smith Parkway. This will enhance the appearance of the Parkway and also aid Airport Maintenance Staff by providing an easily maintainable project. Other changes consist of minor additions to utilities to match as-built quantities with the Plans. The costs associated with all items described below have been reviewed and found to be reasonable. EXISTING ITEMS 1. Line 88 – 4” MJ Fittings ADD / (DELETE): 1 EA at $398.30 COST ADDITION / (DELETION): $398.30 JUSTIFICATION: While Beams’s Contracting was connecting the 4” Sanitary Force Main to the existing sanitary manhole near Doug Barnard Parkway, a conflict was encountered with electrical service to an existing sign. It was less expensive to add one fitting than move a sign and associated electrical service. 2. Line 92 – Sanitary Sewer Manholes ADD / (DELETE): 1 EA at $3,310.00 COST ADDITION / (DELETION): $3,310.00 JUSTIFICATION: Utility plans had 8 Sanitary Manholes shown on the Plan sheets but only 7 Sanitary Manholes were included in Change Order #3. 3. Line 98 – 12” Water Valves ADD / (DELETE): 1 EA at $2,170.30 COST ADDITION / (DELETION): $2,170.30 JUSTIFICATION: Utility plans had five 12” Water Valves shown on the Plan sheets but only four 12” Water Valves were included in Change Order #3 quantities. 4. Line 100 – Electrical Hookup Allowance ADD / (DELETE): 1 EA at ($23,865.00) COST ADDITION / (DELETION): ($23,865.00) JUSTIFICATION: The Augusta Utilities Department performed this work, so Beam’s Contracting was not required to hire a private electrical subcontractor to complete the electrical connection at the sanitary pump station. This resulted in savings to the project of $23,865.00. Attachment number 1 \nPage 3 of 4 Item # 5 NEW ITEMS 1. Line 102 - General Perry Smith Roadway Landscaping Improvements ADD / (DELETE): 1 LS at $115,766.24 COST ADDITION / (DELETION): $115,766.24 JUSTIFICATION: The original plans did not include sod or irrigation in the median or along the shoulders of the General Perry Smith Parkway. This item includes irrigation system, connection to water main, minor grading and sod installation. This enhancement was requested by the Airport staff. 2. Line 103 – 36” Headwall Grate ADD / (DELETE): 1 EA at $5,125.00 COST ADDITION / (DELETION): $5,125.00 JUSTIFICATION: The original Plans did not include a grate on the 36” culvert pipe headwall. This culvert extends beneath the Airport perimeter fence. A grate is required to prevent wildlife and/or people from accessing the secure airfield through the 36” culvert. Attachment number 1 \nPage 4 of 4 Item # 5 Public Service Committee Meeting 1/12/2016 1:00 PM CHANGE ORDER #3 MCCARTHY CONSTRUCTION Department:Augusta Regional Airport Presenter: Caption:Approve a request for the Augusta Richmond County Commission to approve the McCarthy Construction Change Order #3 as approved by the Aviation Commission on December 03, 2015. Background: The purpose of this Project is for the rehabilitation of the existing pavements associated with the Air Carrier and General Aviation Aprons. A contract was awarded to McCarthy Improvement Company in the amount of $7,034,186.00 to complete Schedules 1, 3, 5, Bid Alternative 1 – Schedule 7, and Bid Alternative 2 – Schedule 8. The Project is funded by T-SPLOST. Change Order #1 increased the amount of constructed ramp area for Schedules 1 and 3 in order to efficiently terminate the individual phases of construction. Change Order #1 also removed a fuel spill containment area and security fence gate from the Project. Change Order #2 modified the pavement section to reduce the risk of weather delays. It also eliminated an automated gate and added underground communication ducts and a new required manhole. The original dollar amount approved for this Project is $8.4 million, leaving funds available for the change. Analysis:This Change Order provides for the final adjustments in quantities due to unforeseen conditions and airfield markings. The net cost of the changes is $71,091.70. Therefore, the new Contract Amount will be $7,176,514.35. The contract time will not be increased. The unit prices from the original contract were applied to the revised quantities. All new unit prices have been evaluated by Mead & Hunt and are in line with industry standards. Financial Impact:This Project is funded by T-SPLOST funds Alternatives:Deny Cover Memo Item # 6 Recommendation:Approve Funds are Available in the Following Accounts: TSPLOST REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 6 CONTRACTOR: CONTRACT DATE: December 9, 2014 GDOT Pl#0011399 CHANGE ORDER DATE: November 20, 2015 CHANGE ORDER NUMBER 3 OWNER: PROJECT NAME: PROJECT NUMBER: Augusta Regional Airport 1501 Aviation Way Augusta, GA 30906 AGS — Rehabilitate Air Carrier and General Aviation Apron McCarthy Improvement Company 5401 Victoria Avenue Davenport, IA 52807 NO WORK COVERED BY THIS CHANGE ORDER MAY PROCEED UNTIL CONTRACTOR IS IN RECEIPT OF A COPY FULLY EXECUTED BY THE CONTRACTOR, THE OWNER AND THE ENGINEER. IF CONTRACTOR IS IN AGREEMENT WITH THIS CHANGE, CONTRACTOR SHOULD EXECUTE ALL COPIES AND RETURN ALL COPIES TO THE CONSTRUCTION PROJECT MANAGER WITHIN SEVEN (7) CALENDAR DAYS. THIS CHANGE WILL INCREASE OR DECREASE THE CONTRACT AMOUNT AND TIME TO COMPLETE BY THE AMOUNT SHOWN BELOW. ALL OTHER TERMS OF THE CONTRACT, INCLUDING THE GENERAL, SUPPLEMENTARY AND OTHER CONDITIONS OF THE CONTRACT SHALL APPLY TO THIS CHANGE ORDER UNLESS EXPRESSLY MODIFIED BY THIS CHANGE. DESCRIPTION OF CHANGE: Changes generally consist of modifications to project that have become necessary due to construction requirements that were unforeseen by the Contractor that where not a part of the original project scope along with Owner's requested revisions to airfield markings. Changes are described in attachments to this Contract Change Order form. ORIGINAL TOTAL CONTRACT PRICE $ 7,034,186.00 APPROVED COST ADDITIONS (DELETIONS) TO DATE $ 71,236.65 AMOUNT OF THIS CHANGE ORDER $ 71,091.70 REVISED TOTAL CONTRACT PRICE $ 7,176,514.35 PERCENTAGE FOR THIS CHANGE ORDER OF ORIGINAL CONTRACT PRICE 1.01% TOTAL CHANGE ORDER PERCENTAGE OF ORIGINAL CONTRACT PRICE 2.02% ORIGINAL TOTAL CONTRACT CALENDAR DAYS 153 CALENDAR DAY ADDITIONS (DELETIONS) PREVIOUS CHANGE ORDERS 29 CALENDAR DAY ADDITIONS (DELETIONS) THIS CHANGE ORDER 0 REVISED TOTAL CONTRACT CALENDAR DAYS 182 CONTRACTOR ACKNOWLEDGES, BY ITS EXECUTION AND ACCEPTANCE OF THIS CHANGE ORDER, THAT THE ADJUSTMENTS IN CONTRACT PRICE AND TIME SHOWN HEREON CONSTITUTES FULL AND COMPLETE COMPENSATION AND SATISFACTION FOR ALL COSTS AND MODIFICATIONS OF PERFORMANCE TIME INCURRED BY THE CONTRACTOR AS A RESULT OF THIS CHANGE ORDER. NO OTHER CLAIM FOR INCREASED COST OF PERFORMANCE OR MODIFICATIONS OF TIME WILL BE GRANTED BY THE OWNER FOR THIS WORK COVERED BY THIS CHANGE. THE CONTRACTOR HEREBY WAIVES AND RELEASE ANY FURTHER CLAMS FOR COST OR TIME AGAINST THE OWNER ARISING FROM OR RELATING TO THE MATTERS OF WORK SET FORTH OR CONTEMPLATED BY THIS CHANGE ORDER. CONTRACTOR'S ACCEPTANCE Contractor: McCarthy Improvement Company Signature Date Joseph D. Bush President Typed Name Title NE RECOMMENDED FOR APPROVAL Engineer: Mead & Hunt, Inc. Signature Date Chris Birkmever, P.E. Prolect Manager Typed Name Title OWNER RECOMMENDED FOR APPROVAL Owner: Augusta Regional Airport Signature Cedric Johnson Typed Name Date Aviation Commission Chairman Title Attachment number 1 \nPage 1 of 8 Item # 6 CONTRACTOR: CONTRACT DATE: December 9, 2014 CHANGE ORDER DATE: November 20, 2015 CHANGE ORDER NUMBER 3 OWNER: PROJECT NAME: PROJECT NUMBER: Augusta Regional Airport 1501 Aviation Way Augusta, GA 30906 AGS — Rehabilitate Air Carrier and General Aviation Apron GDOT PI#0011399 McCarthy Improvement Company 5401 Victoria Avenue Davenport, IA 52807 DESCRIPTION OF QUANTITY CHANGES, COST CHANGES AND JUSTIFICATION ADJUSTED ITEMS 1. Schedule 1: a. Increase quantity of P-101.1 Asphalt Concrete Pavement Removal, Full Depth to provide a better tie-in to the existing asphalt ramp. This work requires the adjustment of the quantity of Item P-101-1. COST ADDITION / (DELETION): $ 12,339.50 DAYS ADDITION / (DELETION): 0 b. Increase quantity of X-105.5 Remove Pavement Markings to account for actual pavement markings removed for the project. This work requires the adjustment of the quantity of Item X-105.5. COST ADDITION / (DELETION): $ 32,722.50 DAYS ADDITION / (DELETION): 0 c. Increase quantity of P-501.2 Portland Cement Concrete Pavement to account for change of material from asphalt pavement to concrete pavement to tie into existing asphalt pavement. This work requires the adjustment of the quantity of Item P-501.2. COST ADDITION / (DELETION): $ 1,977.50 DAYS ADDITION / (DELETION): 0 d. Increase quantity of P-620.2 Permanent Pavement Marking to account for actual pavement markings provided for the project. This work requires the adjustment of the quantity of Item P-620.2. COST ADDITION / (DELETION): $ 43,149.00 DAYS ADDITION / (DELETION): 0 e. Increase quantity of F-162.1 to account for actual fence constructed for the staging area. This work requires the adjustment of the quantity of Item F-162.1. COST ADDITION / (DELETION): $ 627.00 DAYS ADDITION / (DELETION): 0 f. Fill existing storm drainage pipes discovered during construction with P-153 Controlled Low-Strength Material (CLSM). This work requires the addition of Item P-152.3. COST ADDITION / (DELETION): $ 16,405.70 DAYS ADDITION / (DELETION): 0 2. Schedule 3: a. Reduce quantity of X-105.5 Remove Pavement Markings to account for actual pavement markings removed for the project. This work requires the adjustment of the quantity of Item X-105.5. COST ADDITION / (DELETION): ($ 2,625.00) DAYS ADDITION / (DELETION): 0 b. Increase quantity of P-501.3 Portland Cement Concrete Pavement to account for change of material from asphalt pavement to concrete pavement to tie into existing asphalt pavement. This work requires the adjustment of the quantity of Item P-501.3. COST ADDITION / (DELETION): $ 3,275.00 Attachment number 1 \nPage 2 of 8 Item # 6 DAYS ADDITION / (DELETION): 0 c. Increase quantity of P-620.1 Temporary Runway and Taxiway Painting to cover SIDA line during transition from Schedule 1 to Schedule 3. This work requires the adjustment of the quantity of Item P-501.3. COST ADDITION / (DELETION): $ 1,586.50 DAYS ADDITION / (DELETION): 0 3. Schedule 5: a. Reduce the project quantity of P-101.1 Asphalt Concrete Removal to account for revisions in project limits determined during construction. This work requires the adjustment of the quantity of Item P-101.1. COST ADDITION / (DELETION): ($ 6,816.00) DAYS ADDITION / (DELETION): 0 b. Reduce the project quantity of P-101.3 Milling and Surface Prep for Overlay to account for revisions in project limits determined during construction. This work requires the adjustment of the quantity of Item P-101.3. COST ADDITION / (DELETION): ($ 13,200.00) DAYS ADDITION / (DELETION): 0 c. Increase quantity of X-105.5 Remove Pavement Markings to account for actual pavement markings removed for the project. This change is quantity reflects the decision to relocate the movement line to provide more efficient use of the ramp. This work requires the adjustment of the quantity of Item X-105.5. COST ADDITION / (DELETION): $ 42,750.00 DAYS ADDITION / (DELETION): 0 d. Increase quantity of P-301.1 Soil-Cement Base Course to account for actual field location of underlying pavement sections. This work requires the adjustment of the quantity of Item P-310.1. COST ADDITION / (DELETION): $ 1,300.00 DAYS ADDITION / (DELETION): 0 e. Reduce the project quantity of P- 401.1 Asphalt Concrete Surface Course to account for revisions in project limits determined during construction. This work requires the adjustment of the quantity of Item P401.1. COST ADDITION / (DELETION): ($ 39,200.00) DAYS ADDITION / (DELETION): 0 f. Increase the project quantity of P- 401.3 Asphalt Concrete Base Course to account for revisions in project limits determined during construction. This work requires the adjustment of the quantity of Item P401.3. COST ADDITION / (DELETION): $ 8,400.00 DAYS ADDITION / (DELETION): 0 g. Reduce the project quantity of P-620.1 Temporary Runway and Taxiway Painting to account for changes in project phasing. This work requires the adjustment of the quantity of Item P-620.1. COST ADDITION / (DELETION): ($ 13,600.00) DAYS ADDITION / (DELETION): 0 h. Reduce the project quantity of P-620.2 Permanent Runway and Taxiway Painting to account for Owner requested changes to final pavement markings. This work requires the adjustment of the quantity of Item P- 620.2. COST ADDITION / (DELETION): ($ 18,000.00) DAYS ADDITION / (DELETION): 0 Justification: During the course of the project underlying pavement limits have been exposed that require the adjustments to the project limits. The cost to determine the exact locations of the underlying pavement section changes was not cost effective during the exploratory phase of the project design. Some of the changes presented represent quantity adjustments due to the actual field conditions. Additionally, an abandoned storm sewer system was exposed that needed to be mitigated to prevent undermining of the new concrete pavements. Attachment number 1 \nPage 3 of 8 Item # 6 Other changes are necessary due to requested changes by the Contractor for tie-ins to the surround pavements and to the phasing of the Project. The changes requested meet or exceed the original design intend and will provide a high quality finished product. Cost Analysis: The unit prices from the original contract are being held for the revised quantities provided. All new unit prices have been evaluated by Mead & Hunt and are in line with industry standards. Attachment number 1 \nPage 4 of 8 Item # 6 Page 1 of 4 11/19/2015 Change Order No. 3 Project: AGS - Rehabilitate Air Carrier and General Aviation Apron Airport Engineer: Clarence Fennell Project: GDOT PI #0011399 SCHEDULE 1 ORIGINAL CONTRACT CHANGE ORDER QUANTITY ADJUSTMENTS ADJUSTED CONTRACT SPEC. NO. Bid Item Description Unit Quantity Unit Cost Contract Cost CO 1 CO 2 CO 3 Quantity Contract Cost P-100.1 MOBILIZATION, CLEANUP, AND DEMOBILIZATION LS 1 $ 427,000.00 $ 427,000.00 -1 0 0 0 $ - P-100.1.R1 MOBILIZATION, CLEANUP, AND DEMOBILIZATION LS 0 $ 479,024.00 $ - 1 -1 0 0 $ - P-100.1.R2 MOBILIZATION, CLEANUP, AND DEMOBILIZATION LS 0 $ 551,024.00 $ - 0 1 0 1 $ 551,024.00 SP-10-1 AIRFIELD SAFETY AND TRAFFIC CONTROL LS 1 $ 1,500,000.00 $ 1,500,000.00 0 -1 0 0 $ - SP-10-1.R1 AIRFIELD SAFETY AND TRAFFIC CONTROL LS 0 $ 1,734,600.00 $ - 0 1 0 1 $ 1,734,600.00 P-101.1 ASPHALT CONCRETE PAVEMENT REMOVAL, FULL DEPTH SY 21,500 $ 9.25 $ 198,875.00 0 0 1,334 22,834 $ 211,214.50 P-101.2 PCC PAVEMENT DEMOLITION AND REMOVAL SY 125 $ 15.00 $ 1,875.00 0 0 0 125 $ 1,875.00 P-101.3 MILLING AND SURFACE PREP FOR OVERLAY SY 0 $ 21.20 $ - 230 0 0 230 $ 4,876.00 X-105.5 REMOVE PAVEMENT MARKINGS SF 4,700 $ 7.50 $ 35,250.00 0 0 4,363 9,063 $ 67,972.50 P-152.1 UNCLASSIFIED EXCAVATION-BELOW PAVEMENT SECTION CY 15,900 $ 16.75 $ 266,325.00 4,110 -20,010 0 0 $ - P-152.2 SELECT FILL CY 13,200 $ 13.75 $ 181,500.00 1,800 -15,000 0 0 $ - P-156.1 SILT FENCE-TYPE C LF 10,700 $ 3.00 $ 32,100.00 0 0 0 10,700 $ 32,100.00 P-156.3 INLET SEDIMENT TRAP-SILT SAVER EA 4 $ 500.00 $ 2,000.00 -1 0 0 3 $ 1,500.00 P-156.4 INLET SEDIMENT TRAP-SILT SACK EA 15 $ 250.00 $ 3,750.00 -15 0 0 0 $ - P-156.5 CRUSHED STONE CONSTRUCTION OUTLET EA 2 $ 3,000.00 $ 6,000.00 0 0 0 2 $ 6,000.00 P-156.6 EROSION CONTROL MOBILIZATION EA 1 $ 1,000.00 $ 1,000.00 0 0 0 1 $ 1,000.00 P-156.7 EMERGENCY EROSION CONTROL MOBILIZATION EA 1 $ 1,000.00 $ 1,000.00 0 0 0 1 $ 1,000.00 P-209.1 CRUSHED AGGREGATE BASE COURSE SY 19,500 $ 8.50 $ 165,750.00 3,000 -22,500 0 0 $ - P-301.1 SOIL-CEMENT BASE COURSE SY 700 $ 81.00 $ 56,700.00 275 -975 0 0 $ - P-301.1.R1 SOIL-CEMENT BASE COURSE SY 0 $ 43.75 $ - 0 22,500 0 22,500 $ 984,375.00 P-310.1 GEOTEXTILE FABRIC SY 19,500 $ 1.25 $ 24,375.00 3,000 -22,500 0 0 $ - P-310.2 GEOGRID SY 19,500 $ 3.00 $ 58,500.00 3,000 -22,500 0 0 $ - P-401.1 ASPHALT CONCRETE SURFACE COURSE TON 180 $ 155.00 $ 27,900.00 95 -75 0 200 $ 31,000.00 P-401.2 ASPHALT CONCRETE BASE COURSE TON 1,200 $ 125.00 $ 150,000.00 -800 -180 0 220 $ 27,500.00 P-501.1 PORTLAND CEMENT CONCRETE PAVEMENT (8") SY 650 $ 130.00 $ 84,500.00 0 115 0 765 $ 99,450.00 P-501.2 PORTLAND CEMENT CONCRETE PAVEMENT (11") SY 5,400 $ 56.50 $ 305,100.00 4,100 0 35 9,535 $ 538,727.50 P-501.3 PORTLAND CEMENT CONCRETE PAVEMENT (14" SY 12,000 $ 64.75 $ 777,000.00 0 -400 0 11,600 $ 751,100.00 X-501.1 PORTLAND CEMENT CONCRETE CURING FACILITY LS 1 $ 28,500.00 $ 28,500.00 0 0 0 1 $ 28,500.00 P-620.1 TEMPORARY RUNWAY AND TAXIWAY PAINTING (WHITE, YELLOW, BLACK) SF 250 $ 9.50 $ 2,375.00 300 0 0 550 $ 5,225.00 P-620.2 PERMANENT PAVEMENT MARKINGS (WHITE, YELLOW, BALCK, RED) SF 2,600 $ 14.25 $ 37,050.00 -1,250 0 3,028 4,378 $ 62,386.50 D-701.1 CONCRETE SEWER PIPE, 36-INCH, CLASS V LF 450 $ 107.00 $ 48,150.00 -450 0 0 0 $ - D-705.1 6-INCH PERFORATED POLYEHTYLENE PIPE, SCHEDULE 80 LF 900 $ 48.50 $ 43,650.00 550 -1,450 0 0 $ - D-751.2 CATCH BASIN, TYPE I EA 1 $ 3,000.00 $ 3,000.00 -1 0 0 0 $ - D-751.3 CATCH BASIN, TYPE II EA 1 $ 3,000.00 $ 3,000.00 -1 0 0 0 $ - D-751.4 CLEANOUT, TYPE I EA 1 $ 1,025.00 $ 1,025.00 1 -2 0 0 $ - D-751.5 CLEANOUT, TYPE II EA 9 $ 1,150.00 $ 10,350.00 -3 -6 0 0 $ - T-901.1 GRASSING AND MULCHING LS 1 $ 25,000.00 $ 25,000.00 0 0 0 1 $ 25,000.00 T-905.1 IMPORT TOPSOIL LS 1 $ 1,000.00 $ 1,000.00 0 0 0 1 $ 1,000.00 F-162.1 CHAIN LINK FENCE LF 1,200 $ 19.00 $ 22,800.00 0 0 33 1,233 $ 23,427.00 F-162.4 DOUBLE SWING GATE EA 3 $ 1,300.00 $ 3,900.00 0 0 0 3 $ 3,900.00 X-110.1 ELECTRICAL DUCT BANK LS 0 $ 123,125.00 $ - 0 1 0 1 $ 123,125.00 P-152.3 FILL EXISTING PIPES WITH CLSM LS 0 $ 16,405.70 $ - 0 0 1 1 $ 16,405.70 TOTAL SCHEDULE 1 $ 4,536,300.00 $ 5,334,283.70 At t a c h m e n t n u m b e r 1 \ n P a g e 5 o f 8 It e m # 6 Page 2 of 4 11/19/2015 Change Order No. 3 Project: AGS - Rehabilitate Air Carrier and General Aviation Apron Airport Engineer: Clarence Fennell Project: GDOT PI #0011399 SCHEDULE 3 ORIGINAL CONTRACT CHANGE ORDER QUANTITY ADJUSTMENTS ADJUSTED CONTRACT SPEC. NO. Bid Item Description Unit Quantity Unit Cost Contract Cost CO 1 CO 2 CO 3 Quantity Contract Cost P-100.1 MOBILIZATION, CLEANUP, AND DEMOBILIZATION LS 1 $ 110,000.00 $ 110,000.00 0 -1 0 0 $ - P-100.1.R1 MOBILIZATION, CLEANUP, AND DEMOBILIZATION LS 0 $ 128,000.00 $ - 0 1 0 1 $ 128,000.00 SP-10-1 AIRFIELD SAFETY AND TRAFFIC CONTROL LS 1 $ 427,500.00 $ 427,500.00 0 -1 0 0 $ - SP-10-1.R1 AIRFIELD SAFETY AND TRAFFIC CONTROL LS 0 $ 485,900.00 $ - 0 1 0 1 $ 485,900.00 P-101.1 ASPHALT CONCRETE PAVEMENT REMOVAL, FULL DEPTH SY 5,000 $ 8.00 $ 40,000.00 0 0 0 5,000 $ 40,000.00 P-101.2 PCC PAVEMENT DEMOLITION AND REMOVAL SY 235 $ 20.00 $ 4,700.00 0 0 0 235 $ 4,700.00 P-101.3 MILLING AND SURFACE PREP FOR OVERLAY SY 0 $ 21.20 $ - 22 0 0 22 $ 466.40 X-105.5 REMOVE PAVEMENT MARKINGS SF 0 $ 7.50 $ - 350 0 -350 0 $ - P-152.1 UNCLASSIFIED EXCAVATION-BELOW PAVEMENT SECTION CY 3,500 $ 14.25 $ 49,875.00 950 -3,475 0 975 $ 13,893.75 P-152.2 SELECT FILL CY 2,800 $ 14.75 $ 41,300.00 0 -2,800 0 0 $ - P-156.6 EROSION CONTROL MOBILIZATION EA 1 $ 1,000.00 $ 1,000.00 0 0 0 1 $ 1,000.00 P-156.7 EMERGENCY EROSION CONTROL MOBILIZATION EA 1 $ 1,000.00 $ 1,000.00 0 0 0 1 $ 1,000.00 P-209.1 CRUSHED AGGREGATE BASE COURSE SY 4,000 $ 8.50 $ 34,000.00 0 -4,000 0 0 $ - P-301.1 SOIL-CEMENT BASE COURSE SY 850 $ 45.00 $ 38,250.00 220 3,930 0 5,000 $ 225,000.00 P-310.1 GEOTEXTILE FABRIC SY 4,000 $ 1.25 $ 5,000.00 0 -4,000 0 0 $ - P-310.2 GEOGRID SY 4,000 $ 3.00 $ 12,000.00 0 -4,000 0 0 $ - P-401.1 ASPHATL CONCRETE SURFACE COURSE TON 230 $ 180.00 $ 41,400.00 45 0 0 275 $ 49,500.00 P-401.2 ASPHALT CONCRETE BASE COURSE TON 320 $ 140.00 $ 44,800.00 130 0 0 450 $ 63,000.00 P-501.3 PORTLAND CEMENT CONCRETE PAVEMENT (14" SY 4,000 $ 65.50 $ 262,000.00 0 0 50 4,050 $ 265,275.00 X-501.1 PORTLAND CMENET CONCRETE CURING FACILITY LS 1 $ 1,725.00 $ 1,725.00 0 0 0 1 $ 1,725.00 P-620.1 TEMPORARY RUNWAY AND TAXIWAY PAINTING (WHITE, YELLOW, BLACK) SF 0 $ 9.50 $ - 220 0 167 387 $ 3,676.50 D-705.1 6-INCH PERFORATED POLYEHTYLENE PIPE, SCHEDULE 80 LF 480 $ 48.50 $ 23,280.00 -30 -450 0 0 $ - D-751.1 60-INCH MANHOLE EA 1 $ 4,450.00 $ 4,450.00 -1 0 0 0 $ - D-751.4 CLEANOUT, TYPE I EA 1 $ 1,025.00 $ 1,025.00 0 -1 0 0 $ - D-751.5 CLEANOUT, TYPE II EA 1 $ 1,125.00 $ 1,125.00 -1 0 0 0 $ - TOTAL SCHEDULE 3 $ 1,144,430.00 $ 1,283,136.65 At t a c h m e n t n u m b e r 1 \ n P a g e 6 o f 8 It e m # 6 Page 3 of 4 11/19/2015 Change Order No. 3 Project: AGS - Rehabilitate Air Carrier and General Aviation Apron Airport Engineer: Clarence Fennell Project: GDOT PI #0011399 SCHEDULE 5 ORIGINAL CONTRACT CHANGE ORDER QUANTITY ADJUSTMENTS ADJUSTED CONTRACT SPEC. NO. Bid Item Description Unit Quantity Unit Cost Contract Cost CO 1 CO 2 CO 3 Quantity Contract Cost P-100.1 MOBILIZATION, CLEANUP, AND DEMOBILIZATION LS 1 $ 90,000.00 $ 90,000.00 0 -1 0 0 $ - SP-10-1 AIRFIELD SAFETY AND TRAFFIC CONTROL LS 1 $ 293,000.00 $ 293,000.00 0 -1 0 0 $ - P-101.1 ASPHALT CONCRETE PAVEMENT REMOVAL, FULL DEPTH SY 3,200 $ 8.00 $ 25,600.00 0 -850 -852 1,498 $ 11,984.00 P-101.3 MILLING AND SURFACE PREP FOR OVERLAY SY 3,100 $ 11.00 $ 34,100.00 0 2,010 -1,200 3,910 $ 43,010.00 X-105.5 REMOVE PAVEMENT MARKINGS SF 550 $ 19.00 $ 10,450.00 0 0 2,250 2,800 $ 53,200.00 P-152.1 UNCLASSIFIED EXCAVATION-BELOW PAVEMENT SECTION CY 900 $ 18.00 $ 16,200.00 0 -550 0 350 $ 6,300.00 P-156.6 EROSION CONTROL MOBILIZATION EA 1 $ 1,000.00 $ 1,000.00 0 0 0 1 $ 1,000.00 P-156.7 EMERGENCY EROSION CONTROL MOBILIZATION EA 1 $ 1,000.00 $ 1,000.00 0 0 0 1 $ 1,000.00 P-301.1 SOIL-CEMENT BASE COURSE SY 3,050 $ 26.00 $ 79,300.00 0 -1,250 50 1,850 $ 48,100.00 P-401.1 ASPHALT CONCRETE SURFACE COURSE TON 1,500 $ 140.00 $ 210,000.00 0 0 -280 1,220 $ 170,800.00 P-401.2 ASPHALT CONCRETE BASE COURSE TON 1,100 $ 120.00 $ 132,000.00 0 -490 70 680 $ 81,600.00 X-107.1 PAVING FABRIC SY 2,900 $ 12.00 $ 34,800.00 0 -2,525 0 375 $ 4,500.00 P-620.1 TEMPORARY RUNWAY AND TAXIWAY PAINTING (WHITE, YELLOW, BLACK) SF 800 $ 17.00 $ 13,600.00 0 0 -800 0 $ - P-620.2 PERMANENT PAVEMENT MARKINGS (WHITE, YELLOW, BALCK, RED) SF 800 $ 18.00 $ 14,400.00 0 3,050 -1,000 2,850 $ 51,300.00 D-751.6 WATER QUALITY MANHOLE EA 0 $ 86,300.00 $ - 0 1 0 1 $ 86,300.00 TOTAL SCHEDULE 5 $ 955,450.00 $ 559,094.00 SCHEDULE 7 ORIGINAL CONTRACT CHANGE ORDER QUANTITY ADJUSTMENTS ADJUSTED CONTRACT SPEC. NO. Bid Item Description Unit Quantity Unit Cost Contract Cost CO 1 CO 2 CO 3 Quantity Contract Cost P-100.1 MOBILIZATION, CLEANUP, AND DEMOBILIZATION LS 1 $ 28,000.00 $ 28,000.00 -1 0 0 0 $ - SP-10-1 AIRFIELD SAFETY AND TRAFFIC CONTROL LS 1 $ 160,000.00 $ 160,000.00 -1 0 0 0 $ - P-101.1 ASPHALT CONCRETE PAVEMENT REMOVAL, FULL DEPTH SY 550 $ 8.00 $ 4,400.00 -550 0 0 0 $ - P-156.6 EROSION CONTROL MOBILIZATION EA 1 $ 1,000.00 $ 1,000.00 -1 0 0 0 $ - P-156.7 EMERGENCY EROSION CONTROL MOBILIZATION EA 1 $ 1,000.00 $ 1,000.00 -1 0 0 0 $ - P-209.1 CRUSHED AGGREGATE BASE COURSE SY 500 $ 10.00 $ 5,000.00 -500 0 0 0 $ - P-501.1 PORTLAND CEMENT CONCRETE PAVEMENT (8") SY 500 $ 157.00 $ 78,500.00 -500 0 0 0 $ - P-501.3 PORTLAND CEMENT CONCRETE PAVEMENT (14" SY 18 $ 317.00 $ 5,706.00 -18 0 0 0 $ - X-109 FUEL CONTAINMENT PIPING EA 1 $ 15,000.00 $ 15,000.00 -1 0 0 0 $ - TOTAL SCHEDULE 7 $ 298,606.00 $ At t a c h m e n t n u m b e r 1 \ n P a g e 7 o f 8 It e m # 6 Change Order No. 3 Project: Airport Engineer: Project: Page 4 of 4 11/19/2015 AGS - Rehabilitate Air Carrier and General Aviation Apron Clarence Fennell GDOT PI #0011399 SCHEDULE 8 ORIGINAL CONTRACT CHANGE ORDER QUANTITY ADJUSTMENTS ADJUSTED CONTRACT SPEC. NO. Bid Item Description Unit Quantity Unit Cost Contract Cost CO 1 CO 2 CO 3 Quantity Contract Cost P-100.1 MOBILIZATION, CLEANUP, AND DEMOBILIZATION LS 1 $ 6,000.00 $ 6,000.00 0 -1 0 $ - SP-10-1 AIRFIELD SAFETY AND TRAFFIC CONTROL LS 1 $ 41,000.00 $ 41,000.00 0 -1 0 $ - X-105.3 REMOVE CHAIN-LINK FENCE LF 40 $ 10.00 $ 400.00 0 -40 0 $ - X-105.4 REMOVE SWING ARM GATE AND CONTROLLER EA 2 $ 5,000.00 $ 10,000.00 -1 -1 0 $ - P-156.6 EROSION CONTROL MOBILIZATION EA 1 $ 1,000.00 $ 1,000.00 0 -1 0 $ - P-156.7 EMERGENCY EROSION CONTROL MOBILIZATION EA 1 $ 1,000.00 $ 1,000.00 0 -1 0 $ - F-162.1 CHAIN LINK FENCE LF 40 $ 50.00 $ 2,000.00 0 -40 0 $ - F-162.2 14' CANTILEVER GATE EA 1 $ 18,000.00 $ 18,000.00 0 -1 0 $ - F-162.3 18' CANTILEVER GATE EA 1 $ 20,000.00 $ 20,000.00 -1 0 0 $ - TOTAL SCHEDULE 8 $ 99,400.00 $ PROJECT SUMMARY TABLE ORIGINAL CONTRACT CHANGE ORDER QUANTITY ADJUSTMENTS SUMMAR1 ADJUSTED CONTRACT $ 7,034,186.00 CO 1 CO 2 CO 3 $ 7,176,514.35 Cos t I ncr eas e % I ncr eas e Cummul ati ve Change Or der Costs Cummul ati ve Change $ 32,562.90 $ 38,673.75 $ 71,091.70 0.46% 0.55% 1.01% $ 32,562.90 $ 71,236.65 $ 142,328.35 0.46% 1.01% 2.02% At t a c h m e n t n u m b e r 1 \ n P a g e 8 o f 8 It e m # 6 Public Service Committee Meeting 1/12/2016 1:00 PM Daniel Field Consultant Selection Approval Department:Daniel Field Presenter:Becky Shealy Caption:Approve selection of Daniel Field airport consultant. (RFQ 15- 203A) Background:The airport employs an airport consulting firm to provide architectural and engineering services. The FAA requires the airport to conduct the Consultant Selection Process at least every 5 years. The Daniel Field General Aviation Commission will review the work of the awarded consultant on a yearly basis. If the Daniel Field General Aviation Commission determines that the consultant of record has not provided the necessary support for Daniel Field within that year, it will recommend that the Consultant Selection Process be conducted prior to the required 5 year time line, as set forth by the FAA guidelines. Analysis:The airport has conducted this process as per federal, state and city guidelines, and selected the firm of W.K. Dickson to provide these services. Financial Impact:The consultant submits a work authorization for each project. The FAA pays 90% for work on federally funded airport projects. The remaining 10% is paid for by Daniel Field's enterprise fund. Alternatives:Deny request Recommendation:Approve the selection of W.K. Dickson as airport consultant. Funds are Available in the Following Accounts: Federal Funds at 90% Daniel Field Enterprise Funds at 10% Cover Memo Item # 7 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 7 Request for Qualification Request for Qualifications will be received at this office until Tuesday, November 10, 2015 @ 11:00 a.m. for furnishing: RFQ Item #15-203A Airport Consultant Planning and Engineering Services for the Daniel Field Airport Qualifications will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Request for Qualification (RFQ) documents may be viewed on the Augusta Georgia web site under the Procurement Department ARCbid. RFQ documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Wednesday, October 28, 2015 @ 5:00 P.M. No RFQ will be accepted by fax, all must be received by mail or hand delivered. No qualifications may be withdrawn for a period of 90 days after time has been called on the date of opening. Request for qualifications (RFQ) and specifications. An RFQ shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the RFQ including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the RFQ which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark RFQ number on the outside of the envelope. Proponents are cautioned that acquisition of RFQ documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RFQ documents from unauthorized sources places the Proponent at the risk of receiving incomplete or inaccurate information upon which to base its qualifications. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle October 6, 8, 15, 22, 27, 2015 Metro Courier October 14, 2015 Revised: 1/8/2015 Attachment number 1 \nPage 1 of 1 Item # 7 VENDORS Attachment "B"E-Verify # Addendum SAVE Form Original 7 Copies POND & COMPANY 3500 PARKWAY LANE SUITE 600 NORCROSS, GA 30092 YES 175046 YES YES YES YES GOODWYN MILLS & CAWOOD 2660 EASTCHASE LANE SUITE 200 MONTGOMERY AL 36117 YES 425070 YES YES YES YES MEAD AND HUNT, INC 307 WEST MAIN STREET LEXINGTON, SC 29072 YES 244747 YES YES YES YES CROY ENGINEERING, LLC 200 COBB PARKWAY NORTH, BUILDING 400, SUITE 413, MARIETTA, GA 30062 YES 150917 YES YES YES YES HOLT CONSULTING COMPANY, LLC 1332 MAIN STREET SUITE 55 COLUMBIA SC 29201 YES 718470 YES YES YES YES W.K. DICKSON & COMPANY, INC 1450 GREENE STREET, SUITE 225 ATLANTA, GA 30901 YES 110665 YES YES YES YES Total Number Specifications Mailed Out: 33 Total Number Specifications Download (Demandstar): 15 Total Electronic Notifications (Demandstar): 737 Pre-Proposal/Telephone Conference Attendees: not applicable Total packages submitted: 6 Total Noncompliant: 0 Qualification Opening RFQ Item #15-203A Airport Consultant Planning and Engineering Services for Augusta, Georgia - Daniel Field Airport RFQ Due: Tuesday, November 10, 2015 @ 11:00 a.m. Page 1 of 1 Attachment number 2 \nPage 1 of 1 Item # 7 Evaluation Criteria Points POND & COMPANY 3500 PARKWAY LANE SUITE 600 NORCROSS, GA 30092 GOODWYN MILLS & CAWOOD 2660 EASTCHASE LANE MONTGOMERY AL 36117 MEAD AND HUNT, INC 307 WEST MAIN ST. LEXINGTON, SC 29072 CROY ENG. LLC 200 COBB PARKWAY N, BUILDING 400, SUITE 413, MARIETTA, GA 30062 W.K. DICKSON & COMPANY, INC 1450 GREENE STREET, SUITE 225 ATLANTA, GA 30901 HOLT CONSULTING COMPANY, LLC 1332 MAIN STREET SUITE 55 COLUMBIA SC 29201 (1) Firm Qualifications and Experience 25 17.3 18.7 9.0 18.0 21.3 13.7 (2) Key Personnel Qualifications and Experience 20 10.7 13.7 16.3 15.3 16.3 14.0 (3) Relevant Project Experience and Performance on Past Similar Projects 20 7.3 16.3 13.7 17.0 16.0 12.7 (4) References and Workload 20 10.0 16.3 15.3 16.0 14.0 11.3 (5) Familiarity with the FAA and GDOT Aviation Programs 10 7.0 4.3 12.7 9.0 9.0 7.0 (6) Proximity to Area • Within Richmond County 5 pts • Within CSRA 4 pts • Within Georgia 3 pts • Within SE United States 2 pts. (includes AL, TN, NC, SC, FL) • All Others 1 pt 5 3.0 2.0 6.7 3.0 5.0 2.0 Total Points 100 55.3 71.3 73.7 78.3 81.7 60.7 Cumulative Evaluation Sheet - RFQ Item #15-203A Airport Consultant Planning and Engineering Services for Augusta, Georgia - Daniel Field Airport Tuesday, November 10, 2015 @ 11:00 a.m. Attachment number 3 \nPage 1 of 1 Item # 7 Attachment number 4 \nPage 1 of 1 Item # 7 Attachment number 5 \nPage 1 of 4 Item # 7 Attachment number 5 \nPage 2 of 4 Item # 7 Attachment number 5 \nPage 3 of 4 Item # 7 Attachment number 5 \nPage 4 of 4 Item # 7 Attachment number 6 \nPage 1 of 5 Item # 7 Attachment number 6 \nPage 2 of 5 Item # 7 Attachment number 6 \nPage 3 of 5 Item # 7 Attachment number 6 \nPage 4 of 5 Item # 7 Attachment number 6 \nPage 5 of 5 Item # 7 Public Service Committee Meeting 1/12/2016 1:00 PM Golf Cart Utility Terrain Vehicle Bid/Purchase Department:Augusta Regional Airport Presenter: Caption:Request approval of the Golf Cart/Utility Vehicle Bid/Purchase Request as approved by the Augusta Aviation Commission at their October 29, 2015 Meeting. Bid Item 15-219. Background:Currently the airport has three golf carts that are designated to provide operational support for air crews and their passengers. As the units age, they are becoming less reliable and more dependent on maintenance repairs. As a result the Aviation Services department is requesting three new replacement golf carts to support the operation. Analysis:The last golf cart purchase was made in the 1996-1998 timeframe. Our golf carts serve as a customer service essential and operational necessity for transporting aircrews, passengers, and their luggage. Due to the golf cart ages and reliability concerns it has now become necessary to procure new units. Airport worked with the Augusta Procurement Department to bid for the procurement of the new units. Seven (7) companies were invited to bid but only two bids were received in which Augusta Turf and Tractor was the only compliant bidder to meet our operational requirements. Financial Impact:$27,093.00 Alternatives: Recommendation:Approve Funds are Available in the Following Accounts: 551081206-5421110. Cover Memo Item # 8 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 8 Attachment number 1 \nPage 1 of 19 Item # 8 Attachment number 1 \nPage 2 of 19 Item # 8 Attachment number 1 \nPage 3 of 19 Item # 8 Attachment number 1 \nPage 4 of 19 Item # 8 Attachment number 1 \nPage 5 of 19 Item # 8 Attachment number 1 \nPage 6 of 19 Item # 8 Attachment number 1 \nPage 7 of 19 Item # 8 Attachment number 1 \nPage 8 of 19 Item # 8 Attachment number 1 \nPage 9 of 19 Item # 8 Attachment number 1 \nPage 10 of 19 Item # 8 Attachment number 1 \nPage 11 of 19 Item # 8 Attachment number 1 \nPage 12 of 19 Item # 8 Attachment number 1 \nPage 13 of 19 Item # 8 Attachment number 1 \nPage 14 of 19 Item # 8 Attachment number 1 \nPage 15 of 19 Item # 8 Attachment number 1 \nPage 16 of 19 Item # 8 Attachment number 1 \nPage 17 of 19 Item # 8 Attachment number 1 \nPage 18 of 19 Item # 8 Attachment number 1 \nPage 19 of 19 Item # 8 Public Service Committee Meeting 1/12/2016 1:00 PM Minutes Department:Clerk of Commission Presenter: Caption:Motion to approve the minutes of the Public Services Committee held on December 8, 2015. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 9 Attachment number 1 \nPage 1 of 4 Item # 9 Attachment number 1 \nPage 2 of 4 Item # 9 Attachment number 1 \nPage 3 of 4 Item # 9 Attachment number 1 \nPage 4 of 4 Item # 9 Public Service Committee Meeting 1/12/2016 1:00 PM Mutual Aid Agreement with Columbia County Department:Augusta Regional Airport Presenter: Caption:Approve a request for the Augusta Richmond County Commission to accept the Mutual Aid between Columbia County and the Augusta Regional Airport as approved by the Augusta Aviation Commission on October 29, 2015. Background:The Mutual Aid Agreement between the City of Augusta, Augusta Regional Airport and Columbia County has been established for quite some time. The current Mutual Aid Agreement between both parties has expired. The City of Augusta, Augusta Regional Airport and Columbia County have both agreed to renew the Mutual Aid Agreement in the event either the Airport Fire Department or Columbia County Fire Department needs emergency assistance. Analysis: Financial Impact: Alternatives:Deny Recommendation:Accept the Mutual Aid Agreement with Columbia County. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Cover Memo Item # 10 Administrator. Clerk of Commission Cover Memo Item # 10 Page 1 of 4 AUGUSTA RICHMOND COUNTY AND COLUMBIA COUNTY MUTUAL AID AGREEMENT This AGREEMENT, made as of _____ day of _______ ___, 2015, by and between Augusta Richmond County GEORGIA a political subdivision of the State of Georgia, acting by and through its duly elected Board of Commissioners (hereinafter " Augusta") and COLUMBIA COUNTY, GEORGIA, a political subdivision of the State of Georgia, acting by and through its duly elected Board of Commissioners (hereinafter "Columbia County"). WITNESSETH: WHEREAS, Augusta owns the Augusta Regional Airport (the "Airport") which serves, among others, the residents of the County with many flights arriving and departing from the Airport flying over the County; WHEREAS, Augusta has established and maintains at the Airport, a fire department (the "Airport Fire Department") that has the equipment, supplies and training to fight fires occurring from a plane crash or conflagration; WHEREAS, the purpose of this agreement is to have the parties hereto establish, through their mutual cooperation, a pre-determined plan for dealing with an airplane crash or conflagration in the County, which may demand special fire services, equipment, supplies and trained personnel that the County's Fire Department does not have; WHEREAS, it is deemed to be in the public interest for the parties hereto to enter into an agreement for mutual assistance in fire protection and support during an airplane crash or conflagration in the County, in order to increase fire defenses and to assure proper fire control; NOW THEREFORE, in consideration of the mutual covenants contained herein by and between the Parties hereto, it is hereby agreed as follows: 1. MUTUAL AID. (a) Should it become necessary to activate the terms of this Agreement as herein set forth, due to a plane crash or conflagration in the County, Augusta shall give the Chief of the Airport's Fire Department or his designees, the authority, upon notification by the County to Augusta or the Airport Fire Department that a plane crash or conflagration emergency in the County does, in fact, exist and that aid is needed, to order available apparatus, equipment supplies and manpower of the Airport Fire Department into action to assist the County as may be needed. 2. SUPERVISION. (a) It shall be the responsibility of the Chief of the Airport's Fire Department to see that all personnel responding to the County's request for assistance are responsible persons and that the conduct and actions of said personnel shall be the responsibility of Augusta. Such employees shall have the same powers, duties, rights, privileges, and immunities as if they were performing their duties in Augusta. Attachment number 1 \nPage 1 of 4 Item # 10 (b) The Chief of the County Fire Department shall in all instances be in command of the emergency as to the aspects of strategy, fire control tactics and over-all direction of the operations. All orders or directions regarding the operations of the Airport Fire Department shall be relayed to the Chief firefighting officer in command of the Airport Fire Department. 3. LIABILITY. (a) Each party to this Agreement shall assume all liability and responsibility for the death of or injury to any personnel of their own command responding to the request for aid from the County. (b) Augusta while responding under the terms of this Agreement through its Airport Fire Department shall assume no responsibility or liability for property damaged or destroyed at the actual scene of any airplane crash or conflagration in the County due to firefighting and rescue operations, fire control tactics, and strategy or other operations as may be required or ordered; said liability and responsibility shall rest solely with the party requesting such aid and within whose boundaries the property shall exist, or the incident occur. (c) The County when requesting aid shall in no way be deemed liable or responsible for the personal property of the members of the Augusta Fire Department or Airport Fire Department, which may be lost, stolen, or damaged while performing their duties under the response terms herein. Augusta when responding and furnishing any equipment shall bear the loss or damage to such equipment and shall pay any expense incurred in the operation and maintenance thereof (d) To the extent permitted by law or by contract, all of the privileges and immunities from liability; exemption from laws, ordinances, and rules; and all pension, insurance, relief, disability, workers compensation, salary, death, and other benefits which apply to the activity of such officers, agents, or employees of Augusta when performing their respective functions within the territorial limits of the County (?) shall apply to such officers, agents or employees to the same degree, manner, and extent while engaged in the performance of any of their functions and duties in the County. Neither party shall be liable for any actions or omissions of the employees of others rendering assistance extraterritorially. This provision shall apply with equal effect to paid, volunteer and auxiliary employees. (e) The provisions of this Agreement shall not be construed as creating a duty or any liability on the part of either Party to this Agreement to respond to an emergency within the other jurisdiction. The Fire Chief furnishing aid shall have the sole discretion to determine if such aid shall be furnished to the other jurisdiction. (f) There shall be no liability imposed on any party or its personnel for failure to respond to fire or rescue calls pursuant to this Agreement. (g) No employee of a party shall be deemed to be an employee or agent of the other party because of any action or incident arising pursuant to this Agreement. (h) All damages or repairs to any equipment or apparatus shall be the responsibility of the owner of such equipment or apparatus. (i) Any damage or other compensation which is required to be paid to any employee by reason of an injury occurring while providing services pursuant to this Agreement shall be the sole Attachment number 1 \nPage 2 of 4 Item # 10 responsibility of the employee's jurisdiction. 4. CONSIDERATION AND COMPENSATION. (a) Each party to this Agreement shall assume all costs of salaries, wages and bonuses or other compensation for its own personnel that respond for duty under the terms of this Agreement; shall compensate its employees during the time of fighting the fire from the airplane crash or conflagration; and shall defray the actual travel and maintenance expenses of such employees while they are engaged in such activities. Such compensation shall include any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such aid. 5. RELEASE OF CLAIMS. (a) Each party agrees to release the other party from any and all liability, claims, judgments, costs, or demands for damage to its own property or for personal injury to any personnel, whether directly arising or indirectly arising out of the use of any vehicle, equipment, or apparatus by the other party during the provision of service pursuant to this Agreement. 6. THIRD PARTY BENEFICIARIES. (a) This Agreement shall not create any rights for any non-signatory third party. 7. TERM OF AGREEMENT. (a) Unless otherwise extended or shortened in writing by all parties, this Agreement shall expire five (5) years from the effective date. In no event shall this agreement extend for more than (50) fifty years from the effective date of this Agreement. This agreement may be unilaterally terminated by either party upon (60) sixty days written notice to all parties. 8. STANDBY OF EQUIPMENT — MUTUAL AID. (a) Upon receipt of a request for assistance by the County and upon a determination by the Chief of the Airport Fire Department that the request may be honored without unreasonably impairing the capacity to provide fire protection at the Airport, the Chief of the Airport Fire Department may take such steps as necessary to furnish apparatus, equipment, supplies, manpower and assistance to the County as he deems appropriate. Such response shall remain solely the decision of the Chief of the Airport Fire Department. (b) Augusta shall not be bound to dispatch apparatus, equipment, supplies or personnel to the assistance of the County but every effort should be made by the Airport Fire Department to furnish such assistance if, in the judgment of the Chief of the Airport Fire Department to furnish such assistance if, in the judgement of the Chief of the Airport Fire Department, such dispatch would not impose upon the Airport a serious impairment to its fire defenses and fire protection. (c) Each party shall also assume all costs involving the use of its apparatus, equipment and tools used specifically fighting the plane crash fire or conflagration and shall make no charge for such use to the other party; however, any special extinguishing agents used by Augusta or the Airport from its own supply shall be paid for by the County upon receipt of an itemized statement of costs for extinguishing agents. Attachment number 1 \nPage 3 of 4 Item # 10 Page 4 of 4 (d) Upon notice from the Airport tower of a plane crash in Columbia County, the Airport Fire Department will respond by contacting the County Fire Department personnel to determine if they are aware of the crash and confirm that County is requesting the aid of the Airport Fire Department. 9. ENTIRE AGREEMENT. (a) This Agreement shall constitute the entire Agreement between the Parties and no modification thereof shall be binding unless evidenced by a subsequent signed written Agreement. (b) This Agreement shall be the sole instrument for the provision of emergency fire and rescue service mutual aid between the Parties. 10. TERMINATION. (a) Breach of this Agreement by the County or by Augusta shall terminate the entire Agreement. (b) Either party to this Agreement may terminate the Agreement by giving not less than sixty (60) days written notice to the other party. 11.SEVERABILITY OF TERMS. (a) In the event any part or provision of this Agreement is held to be invalid, the remainder of this Agreement shall not be affected thereby and shall continue in full force and effect. 12. GOVERNING LAW. (a) This Agreement shall be governed in all respects by the laws of the State of Georgia. 13. CONSTRUCTION. (a) Nothing in this Agreement is intended to or shall be construed as modifying the respective right and obligations of the Parties under a mutual aid agreement as specifically provided by the Georgia Mutual Aid Act. WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in three counterparts, each to be considered as an original by their authorized representative. COLUMBIA COUNTY, GEORGIA AUGUSTA, GEORGIA By: By: Cedric Johnson, Chairman Of Its Board of Commissioners Augusta Aviation Commission ATTEST ATTEST By: By: Ms. Lena J. Bonner Ms. Patrice Crawley County Clerk County Clerk Ron C. Cross, Chairman By:_______________________________ Julie Orwen Administrative Manager, Augusta Regional Airport ATTEST By:________________________________ Mayor Hardie Davis, Jr. Attachment number 1 \nPage 4 of 4 Item # 10