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2022-08-30-Meeting Minutes
Administrative Services Committee Meeting Commission Chamber - 8/30/2022 ATTENDANCE: ADMINISTRATIVE SERVICES 1. Motion to approve the minutes of the Administrative Services Committee held on August 9, 2022.Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Bobby Williams Commissioner Francine Scott Passes 2. Motion to approve 911 Emergency Services Department to affix 911 Logo for two Public Safety Vehicles. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Bobby Williams Commissioner Francine Scott Passes 3. Motion to approve the purchase of two 2024 ETI ETC40IH, at a individual cost of $176,063.00 each for a total of $352,126.00 from Equipment Technology, LLC. (Bid 22-214) for the Engineering Department- Traffic Engineering Division and Street Lights Division. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Bobby Williams Commissioner Francine Scott Passes 4. Motion to approve utilizing state contract (#SWC 99999-SPD-ES40199373-002) for the purchase of six Ford F150s, at a total cost of $144,540 from Allan Vigil Ford for various departments. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Commissioner Bobby Williams Commissioner Francine Scott Passes Motion to approve. Motion Passes 4-0. 5. Motion to approve utilizing a state contract (# SWC 99999-001-SPD0000183-0006 ) for the purchase of one Ford Utility Police K9, at a total cost of $49,614 to Wade Ford for the Richmond County Marshal’s Office – Airport Division. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Bobby Williams Commissioner Francine Scott Passes 6. Motion to approve utilizing a state contract (#SWC 99999-SPD-ES40199373-009S) for the purchase of one Ford T350 Van, at a total cost of $53,933 to Wade Ford for the Richmond County Sheriff’s Office. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Bobby Williams Commissioner Francine Scott Passes 7. Motion to approve utilizing state contract (#SWC 99999-SPD-ES40199373-002) for the purchase of eight Ford F150s, at a total cost of $306,808 from Allan Vigil Ford for various departments. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Bobby Williams Commissioner Francine Scott Passes 8. Motion to receive as information only the emergency replacements needed to the Charles B. Webster Detention Center totaling $984,123.00 for Lock Replacement - Willo Products Co., Shower Upgrades - Tri Solutions, Roof Replacement - Hixon's Roofing Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Bobby Williams Commissioner Francine Scott Passes 9. Discuss Hornsby Subdivision Improvements led by Cherry Ave. Revitalization Enterprise regarding housing rehabilitation of abandon houses. (Requested by Commissioner Jordan Johnson) Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Defer Motion to approve referring this item to the Traffic Engineering Department. Motion Passes 4-0. Commissioner Bobby Williams Commissioner Francine Scott Passes 10. Presentation of the Gold Cross Draft Contract.Item Action: None Motions Motion Type Motion Text Made By Seconded By Motion Result It was the consensus of the committee to delete this item until a later date. 11. Motion to receive as information grant application from HUD Lead Hazard Reduction Program Grant Application. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Bobby Williams Commissioner Francine Scott Passes 12. Motion to approve HCD's request for 50/50 partnership with Honnête Habitats III, LLC to develop (3) workforce housing units, (New Construction) within the Laney Walker/Bethlehem area located at 1409 Maple St., 1411 Maple St., and 1413 Maple St . Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to refer this item to the full Commission with no recommendation and to include additional information. Motion Passes 4-0. Commissioner Bobby Williams Commissioner Francine Scott Passes 13. Motion to approve HCDs RFQ 22-188: contracts with The committee has recommended to prequalify the following vendors for the 4 lead services areas listed below: 1. Certified Lead Abate Contractors: Clean and Green Environmental and National Environmental Solutions, Inc. 2. Certified Lead RRP Contractors: G & P Construction, Clean and Green Environmental , Blounts Complete Home Services and National Environmental Solutions, Inc. 3. Certified Lead Inspector/Risk Assessor: Clean and Green Environmental , GLE Associates, and National Environmental Solutions, Inc. 4. Clearance Inspectors: Clean and Green Environmental, GLE Associates and National Environmental Solutions, Inc. to administer lead remediation for the Housing and Community Development (HCD) Lead Grant Hazard Reduction Program. This pre-qualification contract is for a three (3) year term. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Passes Motion to approve. Motion Passes 4-0. Commissioner Bobby Williams Commissioner Francine Scott 14. Motion to approve award of contract to prepare Construction Documents for construction of New Facilities for Augusta Fleet Management to Dickinson Architects of Augusta in the amount of $108,000 for Phase I and 8.5% of construction costs for Phase II - RFQ 22-213. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Bobby Williams Commissioner Francine Scott Passes www.augustaga.gov Administrative Services Committee Meeting 8/30/2022 1:10 PM Minutes Department: Presenter: Caption:Motion to approve the minutes of the Administrative Services Committee held on August 9, 2022. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Estimate DATE 8/2/2022 ESTIMATE NO. 21-9406 NAME / ADDRESS First Vehicle Services - 49080 1568 Broad St. Augusta, Ga. 30904 SHIP TO First Vehicle Services - 49080 1568 Broad St. Augusta, Ga. 30904 P.O. NO.TERMS Net 45 DUE DATE 9/10/2022 REP ETD ORDERED BY Kaycee SIGNATURE _________________... TOTAL DATE Thank you for the opportunity! ITEM DESCRIPTIONQTY COST TOTAL Graphics INST Description: "911" decal Size: 15"h x 13.28w 2022 Ford Escape Printed Vinyl: 180Cv3 Color:black on white Finishing: Installed 2 29.95 59.90 Artwork Includes logo clean up, logo creation, or consultation.0.25 60.00 15.00 _____________________________________ Customer acknowledges that any change, alteration or additional charges added to the order shall be subject to further charge as reasonable for the additional materials, labor and margin. Customer grants a security interest in the signage for payment of any amounts not paid upon delivery. Amounts not paid when due shall accrue interest at 19% per annum in addition to attorneys fees of 15% of the amount collected. Customer acknowledges that all payments hereunder shall be made out to AKO Signs, exclusively. Customer shall rely only upon official AKO proof documents, and shall not rely upon any representation or statement by salesperson in conflict therewith. This approval agreement comproses the entire agreement between and among the parties. $74.90 Estimate DATE 7/27/2022 ESTIMATE NO. 21-9363 NAME / ADDRESS First Vehicle Services - 49080 1568 Broad St. Augusta, Ga. 30904 SHIP TO First Vehicle Services - 49080 1568 Broad St. Augusta, Ga. 30904 P.O. NO.TERMS Net 45 DUE DATE 9/10/2022 REP ETD ORDERED BY Kaycee SIGNATURE _________________... TOTAL DATE Thank you for the opportunity! ITEM DESCRIPTIONQTY COST TOTAL Graphics INST Description: "911" decal Size: 15"h x 13.28w 2022 Ford Explorer Printed Vinyl: 180Cv3 Color:black on white Finishing: Installed 2 29.95 59.90 Artwork Includes logo clean up, logo creation, or consultation.0.25 60.00 15.00 _____________________________________ Customer acknowledges that any change, alteration or additional charges added to the order shall be subject to further charge as reasonable for the additional materials, labor and margin. Customer grants a security interest in the signage for payment of any amounts not paid upon delivery. Amounts not paid when due shall accrue interest at 19% per annum in addition to attorneys fees of 15% of the amount collected. Customer acknowledges that all payments hereunder shall be made out to AKO Signs, exclusively. Customer shall rely only upon official AKO proof documents, and shall not rely upon any representation or statement by salesperson in conflict therewith. This approval agreement comproses the entire agreement between and among the parties. $74.90 Administrative Services Committee Meeting 8/30/2022 1:10 PM 2022 - 911 Logo Department:Central Services Presenter:Ron Lampkin Caption:Motion to approve 911 Emergency Services Department to affix 911 Logo for two Public Safety Vehicles. Background:The 911 Emergency Services Department is requesting to have the 911 logo placed on the two vehicles purchased for the department. This request is to be uniform with identifying the 911 department, similar to other public safety departments in Augusta, Georgia with their specific agency logo. Additionally, when attending public safety related events or in the event of emergencies requiring 911 staff, the vehicle logo will assist in easily identifying the Augusta, Georgia 911 Emergency Services Department. Analysis:Central Services – Fleet Management Division requests approval for 911 Emergency Services to affix the 911 logo on the driver and passenger doors in replacement of the standard Augusta, GA logo. Financial Impact:216-03-7110/52-38110 - $149.80 Alternatives:(1) Approve 911 Emergency Services logo to be affixed; (2) Do not approve 911 logo and affix standard Augusta, Ga logo Recommendation:Motion to Approve 911 Emergency Services Department to affix 911 Logo for two Public Safety Vehicles Funds are Available in the Following Accounts: 216-03-7110/52-38110 - $149.80 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission OFFICIAL VENDORS Altec Industries Inc 200 Altec Dr. Elizabethtown, KY 42701 ETI 341 NW 122nd St. Oklahoma City, OK 73114 Versalift Southeast 614 East Hanover Rd. Graham, NC 27253 Attachment B Yes Yes Yes E-Verify Number 1826145 1389794 1428107 SAVE Form Yes Yes Yes 10.01 Keys $122.00 $275.00 $300.00 10.02 Heavy Duty Floor Mats $421.00 $254.00 $168.00 10.03 Winch $4,042.00 $3,416.00 $5,000.00 10.04 Power Inverter $2,319.00 $2,642.00 $2,162.00 YEAR 2026 2024 2023 MAKE Ford ETI Versalift MODEL F550 ETC40IH SST-40-EIH BID PRICE $199,449.00 $169,476.00 $171,626.00 APPROXIMATE DELIVERY TIME June 2026 710 DAYS 420 Days Total Number Specifications Mailed Out: 12 Total Number Specifications Download (Demandstar): 4 Total Electronic Notifications (Demandstar): 92 Georgia Registry: 137 Total Packages Submitted: 4 Total Non-Compliant: 0 Bid Opening Bid Item #22-214 2023 Truck, Bucket 45 Foot for Augusta, Georgia- Central Services Department-Fleet Maintenance Division Bid Due: Tuesday, May 2, 2022 @11:00 a.m. 10.00 OPTIONAL ITEMS BIDDER OFFER Terex Utilities Inc. 3140 15th Ave SE Watertown, SD 57201 Yes 274840 Yes $260.00 $500.00 360 Days $181,899.00 $6,272.00 $3,890.00 2023 Terex LT40 Page 1 of 1 Administrative Services Committee Meeting 8/30/2022 1:10 PM 2022 - Engineering Bucket Trucks - ITB 22-214 Department:Central Services Presenter:Ron Lampkin Caption:Motion to approve the purchase of two 2024 ETI ETC40IH, at a individual cost of $176,063.00 each for a total of $352,126.00 from Equipment Technology, LLC. (Bid 22-214) for the Engineering Department-Traffic Engineering Division and Street Lights Division. Background:The Engineering Department – Traffic Engineering Division and Street Lights Division is requesting to purchase two trucks as replacements for totaled asset # 212159 and asset # 204258 which will be retained until the new vehicle is received at which point will be auctioned. These vehicles are critical to service and maintain street lights and signage throughout the Augusta, GA. Analysis:The Procurement Department published a competitive bid using the Demand Star application for a Truck, Bucket 45 Foot. Invitations to bid were sent to 12 vendors and four responses were received. Equipment Technology, LLC. of Oklahoma City, OK offered the requested equipment within the designated budget and provided all the necessary specifications for the desired equipment. Bid 22-214: Truck, Bucket 45 Foot : 2024 ETI ETC40IH – Equipment Technology, LLC. (Oklahoma City, OK): $176,063.00 x 2 = $352,126.00 Financial Impact:$352,126.00 using Capital Outlay Fund account; 272-04-1610/54.21110 Alternatives:(1) Approve the request; (2) Do not approve the request Recommendation:Motion to approve the purchase of two 2024 ETI ETC40IH Trucks, Bucket 45 foot at a total cost of $352,126.00 from Equipment Technology, LLC. of Oklahoma City, OK (Bid 22-214) for the Engineering Department-Traffic Engineering Division/Street Light Division. Funds are Available in the Following Accounts: $352,126.00 using Capital Outlay Fund account; 272-04-1610/54.21110 REVIEWED AND APPROVED BY: Procurement Finance Law Administrator Clerk of Commission R C I A l.adrrrmn SmrL*m htd- Eta rr- TO: FROM: DATE: ST]BIECT: A Laquom smdcrson, Inrcrim Froa Managa (?06) 821-7174 mm;- 'ffi zx_sozz r. OD MEMORANDT}M bw- Geri Sams, Director, procurement Department W Director, central services Departuent Request to ufilize state contract #swc 99999-spD-Es401993 73-002-I'ord F150 central services'Fleet Managcment request to utilize state contract #swc ggggg-spD- ::i9l?:J:-09.? C"|d1150). rhe stui".oot ."t holder, All* vigil For( has six Ford Fl50sffiil;hr"iriiiii,O.t, nnn - ,t$24,090 per the attached quote. The vendor-is requesting a"Letlat of Intent to Purchase'to hold the tnrcks for Augustaru"h9{-county.Dlg to marketing conditions, there is u "h*""Ford manufacture can chooseto.no! fulfil any remaining orders due to low supply ana nigh de,m*a; rro*"uer, ,t , t"rto *ittprioritize the fiucks ttrat ale.uuilt forAugusta niir,ir""ad-*tv and guaranteepricing. onceCommission has approved the order, rleet trrlanage,ment will acguire the purchase order andsubmit to the vendor for securing the asset p*his". Thank you for your assistance. Please call ifyou have any questions or concen6 in regards tothis communication. RL/Kb A LLAN vt G t L F o RD- Lt N co LN' 8*{r** * E N TsArEs ,' 2A22 Ford F150 (1I2 ton) Regular Cab,0 Gyl,4x2, StltlB 81flc *99999€PD-ES4I l S9374{02 Eguipment lnoluded ln Base prlce 3.3L VE Fhx Fuelenglne 6 Speed Automatic Transmission Factory lnstalted A/C AItll-FM Radio SolarTnted Glass Power Steering/A8S Brakes Rear vlew back up camera Vlnyl 4020/40 Bench Seat Rubber Fbor Govering FullSize Spare/ $tep bumper Autotamp headlights Short Bcd {6.5 ft) 6300 G\/WR P245l70Rx17 Tircs Ford SYNC (Bluehoth) GrcwGab only; PowerWindows, Locls & Minors ExEriorCohrs IntedcrColor Dl Stone Gray Gray PQ Raoe Red rr HX Antimatter tslue rr 93 Aths Blue JS lconic Silver UM Agate Black ,' l4l&rbQuizPd GISY---- i- , "{ fYz odord White n--'- ffilEuear 3925.00 Per vehicle FOB Allan Vigil Ford Dellvery- see chart, $75 minimum ALI.AT{ VTGIL FORD GOV'T SALES e?00 ilt. Zion Blvd Morow,GA 30260 770-e88{880 Fhone G78-364-tSl0 Fax 5.01VB Flex Fuelengine 3.51V0 EcoBmst engine* 2.71 V5 Ecoboost Long Bed (8 ft) Extended range fuel tank" Super Cab (6.6 ft. bed) Super Cab (B Il. bed)' 4x4 Option-Regular cab 4X4 Option-Super&Grew Cabt Skld plates (4X4s only) Grew Cab SVI,B (5.5 ft bsd) Grew Cab l-WB'(6.5 fr bod) 3,51 Hybrld engine-Grew Cab) Llmited Slip Axle Daytime Running Lightg Pourer Windows/Locks/Minors Power Seat requlres E5A XL w/ Power W-L-M, SYNC, AM/FM, & Cruise control. l0lA for Crew Gab Class lV Hatch (t ro tow pkg) Trailer Tor Pkg(lncludss G7T) Electric Breke Contoller Tow Minors W spotllghts-' Runnlng boards (black) Cruise Conkol 40-20.f0 Cloth Split Bench Cloth BuckeB w/oonsole*" Rear windov defroster Fog Llghb CarpetW Mats Alurnlnum Whe€ls & BumPers SYNC 4 M SiTiUSXM Tailgate Step Spray-ln Bctlllner Reverse Senslng-requ i rct 53A or 53E XLT Package XLT Power Driver Seat Navigation Pkg (XLT onlYl Xl SSV Packaoe Options total Other vendor added equiPrnent Delivery Total Contact person Agency Phone Number 1,836.00 2,368.00 r,125.00 295.00 410.00 2,525.00 3,890.00 3,495.00 3,045.00 155.00 5,850.00 0,740.00 7,150.00 525.00 42.OO 1,088.00 345.00 2,075.00 9t5.00 109.00 s95.00 265.00 495.00 262.00 216.00 N/C 275.00 305.00 135.00 r40.00 740.00 305.00 355.00 420.00 255.00 5,250.00 330.00 755.00 49.00 321Ie6.00 Codc1836 e95Sggo 99P - tls -ess-xrc * X,lC/Long FlE -x.lE-ltg-wtcs ---- gsD xLg -gl;z-.-_-asR -g'tP _ t01A_ 1014189 538 53A 677 54Y/59S - tBe - oos -cs-ws 57Qts24 -sgs- teglTaen 6241582 -egt --T16-erx lzon 300A l]-gtp_ 50N 66S Basc Prlce SJIL V8 or 3.5L Ecoboost englne requlred Not available wlth regular cab ehort wheel base*** Rsquires E5A (Power YU-L.DUrtil Supor cab & Crew cab onlY,'*' Grew Cab only @Voat&l---tjil{lif0dtl -,ra, -lA\,010'ooM1?nl Central Services Department - Fleet Management Division Replacement Evaluation Form Planned Replacement Yeu: 2022 FundingSource: Fleet Asset Information DepartmentName: Engineering-streetLights Org Key: 276-04-1610 vehicle Description: 1998 Ford Ranger Asset Number: 984142 Division is responsible for the installation, maintenance and repairs on traffic signal control devices. Signature of Director/Elected Officiat: ^ 4 v7 l.t- Name of Director/Elected Official: PurchaseDate: 7/1711998 PurchasePrice: $14933J0 Current Mileage: 190$8? Current Hours: t Criteria Miles/Flours 19 Type ofservi""T M&R Cost 4 Retiabitity Z Condition 3 Total Score 30 88% OR $13.102.80 3 past accidents/Exterior appearance is poor ehicle will be turned in for a new Ford F150.The mileage is 190,887 and the potential rqrlacement mileage is l75K according to the Fleet Managanent Operations, Maintenance and Replacement Policy, 3.02. Vehicte paint and clearcoat is peeling. The departnent has determined that the vehicle cannot be used for any other divisions and will need to be sold on auction. Name of Fleet Manager4aquonac- Sanderson, Interim Fleet Central Services Director Apprbval: Name of Director:'Ron L66-pkin, Int6rim Cenhal Services Director Central Services Department - Fleet Management Division Replacement Evaluation Form Asset Information Department Name: Engineering Date: 23-Jun-22 Org Key: 101-04-1110 Vehicle Description: 2000 Ford Ranger Asset Number: 994401 Assigned Use:Division is responsible for inspections for roadway, bridge, darinways, land development, utility work and othsr construction projects. Signature of DirectoriElected Name of Director/Elected Official: Official:Hameed Malik, PhD, PE Augusta Engineering Dept. Purchase Date: Purchase Price: Current Mileage: $r 6.793.50 t69-974 ment Criteria Miles/Hours 16 Tlpe of Servi""T M&R Cost 4 RetiaUitity-i-- Condition 3 Total Score 26 76% OR $12,743.80 2 past accidents/Exterior appearance is poor Vehicte will be turned in for a new Ford F150.The mileage is 169,974 and the potential acement mileage is 175K according to the Fleet Management Operations, Maintenance and eplacement Policy, 3.02. The evaluated vehicle will reach l75k miles before the new vehicle is ivered. The department has determined that the vehicle cannot be used for any other divisions will need to be sold on auction. Fleet Manager y'.lVqro, Name of Fleet Manf$erfi-44upwC. Sanderson. Interim Fleet Central Services Director Aonr6val:=4/-2y' -/ F Name of Director: Ron L-ampkin,Gterim central Services Director Planned Replacement Year: Funding Source: 2022 AUGUSTA RICHMOND COUNTY Equipment Disposition Form Company ARC Asset #994436 Bumper #RO #207709 Year 1999 Make Model Type Miles/Hours General Description of Repairs Needed Type of Estimate Cost Detail Parts Labor Sublet Total NCC - 4 Accident - Fleet -$ -$ -$ -$ NCC - 5 Operator Abuse -$ -$ -$ -$ NCC - 6 Vandalism -$ -$ -$ -$ NCC - 7 FM Directed -$ -$ -$ -$ NCC - 9 Capital Improve.-$ -$ -$ -$ NCC - D Pursuit Damage -$ -$ -$ -$ NCC - G Emergencies -$ -$ -$ -$ NCC - L Operational Loss 6,942.00$ 564.00$ -$ 7,506.00$ NCC - M Accident - Risk -$ -$ -$ -$ Contract Repairs -$ -$ -$ -$ Disposal Recommended -$ -$ -$ -$ Continuation Approval -$ -$ -$ -$ 2nd Continuation Approval -$ -$ -$ -$ 3rd Continuation Approval -$ -$ -$ -$ Total Cost $7,506.00 Unit can CANNOT be driven/operated Unit presently located at Prepared & Submitted by BK FVS Approval MEB Date 30-Jun-22 County Fleet Manager Response Returned for Information Date Disposal Approval Date Disapproved Date Contract Repair Approval Date Non-Contract Approval Date Continuation Approval Date 2nd Continuation Approval Date 3rd Continuation Approval Date Authorization #Charge Code Approval Signature Date Contractor Shop 1 BROAD STREET DODGE 2,500 99,361PICKUP TRUCK-ALL CODE L - COOLANT IN OIL, RUNS BAD, TRANSMISSION SLIPPING1 2 3 4 FRM-OP-204A.Rev4 Augusta Non-Contract Cover Revised 03/13/2017 REPAIR ESTIMATE FORM WO #207709 Year 1999 Asset #994436 Make DODGE Bumper #0 Model 2,500 Mileage 99,361 Company ARC Dept Contractor Shop 1 Type PICKUP TRUCK-ALL Unit Total NCC Labor Labor Qty Part Number Part Description Price Price Description of Work CODE Hours Subtotal 1 LONG BLOCK 3,800.00$ 3,800.00$ REPLACE ENGINE L 22.00 528.00$ 1 RADIATOR 260.00$ 260.00$ L -$ 1 GASKET KIT 165.00$ 165.00$ L -$ 8 SPARK PLUGS 6.00$ 48.00$ L -$ 2 COOLANT 10.00$ 20.00$ L -$ 1 PLUG WIRES 65.00$ 65.00$ L -$ 5 OIL 3.00$ 15.00$ L -$ 1 OIL FILTER 3.00$ 3.00$ L -$ 1 TRANSMISSION 2,450.00$ 2,450.00$ REPLACE TRANSMISSION L 1.50 36.00$ 1 TRANS COOLER 44.00$ 44.00$ L -$ 12 TRANS FLUID 6.00$ 72.00$ L -$ -$ L -$ -$ L -$ -$ L -$ -$ L -$ -$ L -$ -$ L -$ -$ L -$ -$ L -$ -$ -$ -$ 0 -$ -$ 0 -$ -$ 0 -$ -$ 0 -$ -$ 0 -$ -$ 0 -$ -$ 0 -$ -$ 0 -$ -$ -$ -$ 0 -$ -$ 0 -$ -$ 0 -$ -$ 0 -$ -$ 0 -$ -$ 0 -$ -$ 0 -$ Total Materials 6,942.00$ Total Labor Hours 23.50 Labor Rate 24.00$ Total Labor Cost 564.00$ CODE Outside Vendor Work Amount Total Materials Cost 6,942.00$ Total Labor Cost 564.00$ Total Outside Vendor Cost -$ -$ Total Amount 7,506.00$ Prepared & Submitted by:BK Date 6/30/2022 CO D E L - C O O L A N T I N OI L , R U N S B A D , TR A N S M I S S I O N 0 0 0 FRM-OP-204A.Rev4 Augusta Non-Contract Estimate Revised 1/19/17 REPAIR ESTIMATE FORM WO #207709 Year 1999 Asset #994436 Make DODGE Bumper #0 Model 2,500 Mileage 99,361 Company ARC Dept Contractor Shop 1 Type PICKUP TRUCK-ALL Unit Total NCC Labor Labor Qty Part Number Part Description Price Price Description of Work CODE Hours Subtotal -$ -$ -$ -$ -$ 0 - -$ -$ -$ 0 - -$ -$ -$ 0 - -$ -$ -$ 0 - -$ -$ -$ 0 - -$ -$ -$ 0 - -$ -$ -$ 0 - -$ -$ -$ 0 - -$ -$ -$ 0 - -$ -$ -$ -$ -$ -$ 0 -$ -$ -$ 0 -$ -$ -$ 0 -$ -$ -$ 0 -$ -$ -$ 0 -$ -$ -$ 0 - -$ -$ -$ 0 - -$ -$ -$ 0 - -$ -$ -$ -$ -$ -$ 0 - -$ -$ -$ 0 - -$ -$ -$ 0 - -$ -$ -$ 0 - -$ -$ -$ 0 - -$ -$ -$ 0 - -$ -$ -$ 0 - -$ -$ -$ 0 - -$ -$ -$ - -$ -$ -$ 0 - -$ -$ -$ 0 - -$ -$ -$ 0 - -$ -$ -$ 0 - -$ -$ -$ 0 - -$ -$ -$ 0 - -$ -$ -$ 0 - -$ Total Materials -$ Total Labor Hours - Labor Rate 24.00$ Total Labor Cost -$ CODE Outside Vendor Work Amount Total Materials Cost -$ Total Labor Cost -$ Total Outside Vendor Cost -$ -$ Total Amount -$ Prepared & Submitted by:BK Date 6/30/2022 CO D E L - C O O L A N T I N OI L , R U N S B A D , TR A N S M I S S I O N 0 0 0 FRM-OP-204A.Rev4 Augusta Non-Contract Estimate Revised 1/19/17 Administrative Services Committee Meeting 8/30/2022 1:10 PM 2022 - Ford F150s Department:Central Services Presenter:Ron Lampkin Caption:Motion to approve utilizing state contract (#SWC 99999-SPD- ES40199373-002) for the purchase of six Ford F150s, at a total cost of $144,540 from Allan Vigil Ford for various departments. Background:The state contract holder, Allan Vigil Ford, informed Fleet Management there are six Ford F150s arriving between August and September that can be purchased. Ford cut off orders on all 2022 Ford F150s in early 2021 and 2023 pricing is expected to release in late Fall 2022. The price for each is $24,090 per the attached quote. To ensure the purchase is secured by Augusta Richmond County, Procurement drafted a “Letter of Intent to Purchase” at the request of Central Services-Fleet Management Division. Due to the marketing conditions, there is a possibility Ford manufacture can choose to no fulfil any remaining orders due to low supply and high demand; however, the letter will prioritize the trucks that are built for Augusta Richmond Count and guarantee pricing. Once Commission has approved the order, Fleet Management will acquire the purchase order and submit to the vendor for securing the asset purchase. Central Services is replacing asset #994179 and asset #994436. Engineering is replacing asset #984142 and asset #994401. Utilities is purchasing one truck new and replacing asset #208147. Analysis:The Procurement Department approved the request to utilize Georgia State Contract (#SWC 99999-SPD-ES40199373-002) awarded to Allan Vigil Ford. Allan Vigil Ford - $24,090 each Financial Impact:Fleet Capital (272-01-6440/54-22110) - $96,360 Utilities-Construction Division GMA Lease (631-10-1110/54-99631) - $24,090 Utilities- Metering Division (560-04-3210/5422210) - $24,090 Alternatives:(1) Approve (2) Do not approve Recommendation:Motion to approve utilizing state contract (#SWC 99999-SPD- ES40199373-002) for the purchase of six Ford F150s, at a total cost of $144,540 from Allan Vigil Ford for various departments. Funds are Available in the Following Accounts: Fleet Capital (272-01-6440/54-22110) - $96,360 Utilities-Construction Division GMA Lease (631-10-1110/54-99631) - $24,090 Utilities- Metering Division (560-04-3210/5422210) - $24,090 REVIEWED AND APPROVED BY: Procurement Finance Law Administrator Clerk of Commission @"rrrr-rrr-rlq?.,rtr-rr, %. S"*@o-rd, qt,*t"" LETTER OF TNTENT TO PURCHASE VEHICLE FROM WADE FORD, lNC. This letter of intent dated, July 7 ,2022, is to inform you that the Central Services Department - Fleet Management Division has concluded that we intend to purchase: one (1) 2022 Utility Police lnterceptor (K9 Utitity Package) for our Marshal's Office utilizing: Statewide Contract Number: 99999-001-SPD0000183-0005: Police Pursuit and Special Services Vehicles: Effective Date: Janua ry 4,2022 - Expiration Date: Janua ry 3, 2024- The specific specifications and pricing information for this purchase is attached. 1. Buver: Augusta, Georgia -Centralservices Department: Fleet Management Division 2. Seller: Wade Ford, lnc, Government Sales Center: 3860 S Cobb Dr., Smyrna, GA 30080 3. Vehicle Purchase Price: 545,S55.00 4. K-9 Slick Package Price: 5L3,048.00 (price includes labor) 5. Source: GeorgiaStatewideContractNumber: 99999-001-SPD0000183-0005 A purchase order will be provided upon the approval of the Augusta, Georgia Commission. Respectful ly submitted, GeriA. Sams Director of Procurement Attachments: Vehicle Purchase Price /Specifications/K-9 Quote 535 Telfair Street-Suite 605, Augusta, Georgia 30901 (706) 821-2422 - Fax (706) 821-281 I \\ \\ \\ .itLlgr.tstltga. go\ Register at www.demandstar.com/supplier fbr automatic bid notilication Scan this QR code with your smartphone or camera equipped tablet to visit the Augusta, Georgia 1n:! unurY POuCE lrr[tctTrot (tttttor'tPD@1atffl gTD;croTHFRot{T/vlNYlRG^i,PowEiw|tlDows^ocxs^lliios/DilvEt3E^T,?m'uTiATEDIIitS waDG FoiD6(nEilslfillIAUSCtxlft: taao Sodt Colb Ddv., tqto', AAt00 r!le., nodar Dararldlon ?tlca Totd ffi Pft. rorll s+e b3!+s++YsRls 19 19 ffis.-n 2,799 1 Fhx f{l lR.o. 98F}(10E3)l t (1,61 E7i [rvhw C.mn (Mks U.PltYl E6B6d 797 r9v lnorvl.womnoco.mnd l3 2x lS zl3 56U l lnt tior Uptndt P.ck a.lag 32?lldds D@.-lsl thrt r w/dor ltto? 664 r6d H..dLm Lllttlil Soltltion tal 6rG hrr{oor H.irdht NOP (w/52P}3 I t5'r til L.m, ltocint 59 s59 rtn :l,6hrl I dut nlocl F{tun 668 til bm LE*iil Solution 3 a25 rtc ltM. 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(Frentl s 3.128 s ord.r Clot'lon DctatlDtlon Ptkc Total 90f bllktk Prilk Lvl lV+ lDrlwrl s 2-184 51P lSEt L.mD PGp Xlt (Drivcr Sidt)s 139 90G blll(ic P.*L Lvl lV+ (frcill s 4.768 i6r 1.mb ,r.6 kit lou.l Sid.I s2n s5B/saZ rus - ilH SEt Monhdlfl s 5t8 I 1 688 ,6lh D.rlmt r ALtt *7 s 67 (H.r oDdon Dcrolotlon Ptlca Tot.l I 7e ,n-Calllrbn Asitt !13 s 143 imtt m-Drivrr(Unitvl 390 5 390 sil9 l,lrad SH.vLw 59 S 59 imt Lrm - Orh€r lwhalcn!41tl 59!t.rlmt rAhm (R.q.55F)1ll imi Lrmo - Ourl lunitYl 511 a7a ,olka Errim ldh ,I 256 3 256 5lV ;dt LrmD . D6l (Whcllnl 556 75R lmm s.ilIil Sr6tlm 3 772 s 272 O.d.. O"dm DGrarlDd,on Prlca Tolal ordc, oldon Dcrolgtlon Pdcc Totrl 92G lorl.tt Priv.cy Gh$s 118 I 91f alr conditioniil (Raar w/o Contrcll s 536 535 ).1.t P.tod Gh$ (2ttd Ril ONIY)s84 l5D hd- D.hh ).fldor Plrta s 331 5ry lm V.ult 212 odor oodon DGsc,lDdor Ptka T@! 19({EAGM Ltt rY 10t 6tE r Xll 192 s sm lchllmc.nt rC.93 I 6tR l6laslmsbnaorit s99 9!' (1t" Full F.el s59 1tx .mw.ttsk n/sx.k r s 311 54E It* Drlftd Alumlhum Whcal ( /t69 'l5S 613 )l0ll SDlii Conmstor 55 a.r VahlcL Prlc. 202r-xr;22 ,tb a G?c O{lcGrcc s s s v,2u 1,565 500 IOrAp.rV.t{d. $ quantlty Rcquasted Ou[qS&,'klawnlory t comptct*Et* rcwh Prgtr(,doa ASamy Coot ct Addrcss PhonG ORD€iTOTAL W$T UATXIXG EQUI?ICXT 3AtE3 I SEIVICE' LLC 115 SAND BAR FERRY ROAD AUGUSTA, GA 30901 Phone f 705-855{916 QUOTE Drtc Quotc i 6124nU22 7182 Name / Address FIRSTVEHICLE ATTN: TERN PO BOX 507 AUGUSTA, GA 30903 250.00 410.00 125.00 535.00 0.00 0.00 55.00 65.00 35.00 60.00 3,000.00 115.00 1,015.00 280.00 115.00 390.00 190.00 1l{).00 35.00 15.00 150.00 2022 FORD UTILITY K-9SLICK TOPPACKAGE SOUND OFI nIORCE INTERIOR WINDSHIELD BAR 12 LED DUAL COLOR ( BLUE/WHITE) souND oFF ENFWBRF(XXX) REAR INTERIOR BAR- DUAL COLOR ( BLUE /AMBER ) COD-CD9O12-PI-BW HIDE A BLAST TWIST LOCK FOR Pru DUAL COLOR BLI,JEIWHITE (HEADLIGHT) FENIEX H-22198W V3 VERSION CANNON BLUE/WHITE ( REVERSE ) CODE3 MICROPAK-DC.BW DIRECIIONAL LED HIDE A BLAST MULTI COLOR BLUE/WHITE ( FRONT AND REARQUARTERPANEL ) SOUND OFF EMT'S2STS4E MTTOWER 4" STI'D MNT 12 LED DUAL COLOR -BLUE/WHITE ( FOGAREA) SOUND OFF ETSA481CSR 4OO SERIES MULNTI,JNCTION SIREN w/ KNOB CONTROL , lOO WATT FENIEX S.2OO9 TRTTON 1OOW SPEAKER IOTTO 42H512 2020+ LmILITY MAX DEPTH CONSOLE (20"FP) 42fu403 4" EQTIIPMENT BRKT- SOT.IND OFF ETSA481C SIREN/CONTROL 42M$3"BLANK JOTTO 42'37U DUAL INTERNAL CUPHOLDER JOTTO 42}6260 UPPER STRUCTI,'RE ARMREST TRIPLE OUTLET sLB FIRE EXTINGUISHER WVEHICLE BRACKET HAVIS K9.F28-T 20202022 IdtTLff Y KENNEL HAVIS K9-A.103 WATERBOWL OPTION ACEK9 HA.252O HEAT ALARM PRO ACEK9 HA-FKTIGP OPTIONAL FAN ACE K9 HA.FWC-1o HEAVY DUTY FAN GUARD ACE K9 HA-RBM-27-RD PAGER KIT WITH ANTENNA WINDOW TINT w/5 " STRIP ATD'974 BOOSTER CABLE KIT WAYTEK 48887 CIRCUIT BREAKER 150 AMP WAYTEK 75716 RELAY SHOP SUPPLY (WRE,LOOM,FUSES, ETC) 410.00 125.00 s35.00 0.00 0.00 55.00 65.00 35.00 60.00 3,000.00 1r5.00 1,0r5.00 280.00 115.00 390.00 190.00 sou-ENFWBF(XXXX) sou-ENFwBRF(Xxx) coD-cD9012-PI-BW FEN.H-22198W COD-MICROPAK-D,.. SOU-EMT'S2ST54E SOU.ETSA4SICSR FEN-92009 1oT4254512 JOT42ffi403 JOT42ms3 loT425-3704 IoT42fr2({ ABL-140553 'LB -25614 Misc HAV-Kg-A-103 Misc Misc Misc Misc TINT ATD-7974 wAY-48887 wAv-75716 Misc Sales Tax (8.0olo) Page 1 UIST UAIIIXG IQUI?IEXT 3AtE3 ' 33IYICC. LLC 115 SAND BAR FERRY ROAD AUGI,'STAGASBOI Phon€ 17(}6.t5fi916 QUOTE D.b Quotc, sr,'rn@2 7182 Nemc/Ad&eec FIRSTVEHICLE ATTN:TERRI POBOX507 AUGUSTA, GA3O9O3 Oty Itcur Dcccriflion R.t Totel LABORTO INSTALL ABOVE 3,550.00 3,550.00 This Quote is an offer by west waming EquiPment to Purduse Goods md/or provide Services (as applicable) to the recepiant of this quote in accordance with the spedfications stad herein. This Quote is notbinding or accepted until the recePitant suPplies West Waming Equipmentwith a purchase order for the quoted goods and/or serivces. Commencement of purdusing Spods and/or providing serives will occur onoe both parties agree uPon a dah. Qtroted Prices are good for 30 salee Tax (8'{lolo) $o'oo Total $13'o4s'oo Page 2 Statewide Contract Information Sheet Statewide Contract Numbet 99999-OO1- SPDOOOOlS3-OOO6 NIGF Code o7105 Name of Contract Police Pursuit and Special Services Vehicles Effective Date Ll4/2022 | Expiration Date L/3/2024 Contract Table of Contents Vendors Awarded 7 Contract Information:Mandatory Contract Contract Information for Vendor Contract Summary Page 1 Wade Ford, Inc.2 Additional Contract Information Contract Renewals/ Extensions/ Changes 3 Specifications 4 Line-Item Listing & Pricing 4 Ordering Instructions 5-6 Contract Ad mi n istrator 7 Contract Information Statewide Contract Number 99999-OO 1-SPDOOOO 183-OOO6 PeopleSoft Vendor N umber ooooo11786 Locatiron Code o6 Vendor Name & Address Wade Ford, fnc. 3680 South Cobb Drive Smyrna, GA 3OO8O TIN: 58-L5443L7 Contract Administrator Roger Moore Government Fleet Sales Telephon e= 67 8-460-388 1 Telephone: 678-303-3812 Email : rmoore@wade.com Contact Details Ordering Information Wade Ford, Inc. 3680 South Cobb Drive Smyrna, GA 3OO80 Remitting Information Wade Ford, Inc. 3680 South Cobb Drive Smyrna, GA 3OO8O Delivery Days Coordinate Delivery Schedule upon Order Payment Terms Net 3O days Bid Offer includes State and Local Governments Acceptable payment method ACH & Purchase Orders 1 Laquona Sanderson From:Laquona Sanderson Sent:Wednesday, July 6, 2022 8:37 PM To:Kaycee Braswell Subject:Fwd: 7-6-22 Ford Utility K9 Airport Approved via email. Send this email with the memo. Q Get Outlook for iOS From: Ron Lampkin <RLampkin@augustaga.gov> Sent: Wednesday, July 6, 2022 6:53:54 PM To: Laquona Sanderson <LSanderson@augustaga.gov> Subject: RE: 7-6-22 Ford Utility K9 Airport Approved! Thank You Ron Lampkin Interim Director Central Services Augusta-Richmond County 2760 Peach Orchard Road Augusta, GA 30906 (706) 821-2300 Office (706) 513-2109 Cell From: Laquona Sanderson <LSanderson@augustaga.gov> Sent: Wednesday, July 6, 2022 5:26 PM To: Ron Lampkin <RLampkin@augustaga.gov> Subject: Fwd: 7-6-22 Ford Utility K9 Airport Ron, Can you review and approve the attached memo via email? The deadlines for vehicle purchases happen so fast due to the shortage so we are requesting a letter of intent from Procurement. Thank you, LaQuona Sanderson Get Outlook for iOS From: Kaycee Braswell <KBraswell@augustaga.gov> Sent: Wednesday, July 6, 2022 3:27:13 PM 2 To: Laquona Sanderson <LSanderson@augustaga.gov> Subject: 7-6-22 Ford Utility K9 Airport Laquona, Please review. Kaycee Braswell Fleet Administrative Coordinator Augusta Richmond County PH: 706-821-2845 Fax: 706-821-1498 This e-mail contains confidential information and is intended only for the individual named. If you are not the named addressee, you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. The City of Augusta accepts no liability for the content of this e-mail or for the consequences of any actions taken on the basis of the information provided, unless that information is subsequently confirmed in writing. Any views or opinions presented in this e-mail are solely those of the author and do not necessarily represent those of the City of Augusta. E-mail transmissions cannot be guaranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender therefore does not accept liability for any errors or omissions in the content of this message which arise as a result of the e-mail transmission. If verification is required, please request a hard copy version. AED:104.1 Administrative Services Committee Meeting 8/30/2022 1:10 PM 2022 MARSHAL AIRPORT EXPLORER Department:Central Services Presenter:Ron Lampkin Caption:Motion to approve utilizing a state contract (# SWC 99999-001- SPD0000183-0006 ) for the purchase of one Ford Utility Police K9, at a total cost of $49,614 to Wade Ford for the Richmond County Marshal’s Office – Airport Division. Background:The state contract holder, Wade Ford, informed Fleet Management that they currently have a Ford Utility Police available on order that is not reserved. Ford is not taking any new orders for 2022 Ford Utility’s as pricing has cut off for government incentives. To ensure the purchase is secured by Augusta Richmond County, Procurement drafted a “Letter of Intent to Purchase” at the request of Central Services-Fleet Management Division. Due to the marketing conditions, Ford manufacture can choose to not fulfil any remaining orders due to low supply and high demand; however, the letter will prioritize that the trucks are built and price guarantee for Augusta Richmond County. Once Commission has approved the order, Fleet Management will acquire the purchase order and submit to the vendor for securing the asset purchase. Analysis:The Procurement Department approved the request to utilize Georgia State Contract (#SWC 99999-001-SPD0000183-0006) awarded to Wade Ford. Wade Ford - $49,614 each Financial Impact:GMA Lease (631-10-1110/54-99631) $49,614 – Wade Ford Alternatives:(1) Approve (2) Do not approve Recommendation:Motion to approve utilizing a state contract (#SWC 99999-001- SPD0000183-0006) for the purchase of one Ford Utility Police K9, at a total cost of $49,614 to Wade Ford for the Richmond County Marshal’s Office – Airport Division. Funds are Available in the Following Accounts: GMA Lease (631-10-1110/54-99631) $49,614 – Wade Ford funded by airport, approved by their commission 7.28 dbw REVIEWED AND APPROVED BY: Procurement Finance Law Administrator Clerk of Commission 1 Laquona Sanderson From:Sheila Paulk Sent:Friday, June 17, 2022 1:16 PM To:Kaycee Braswell; Laquona Sanderson Cc:Geri Sams; Darrell White; Doreen Holmes; Nancy M. Williams Subject:RE: 6-15-22 RCSO-Jail 15 Passenger Van Attachments:APPROVAL - FORD 15 PASSENGER VAN.pdf Kaycee / Laquona, Ms. Sams has approved Fleet Management to move forward. However, as stated in the memo, the final approval is based on Commission. Sheila D. Paulk Procurement Department (706) 821-2861 Direct or (706) 821-2811 Fax (706) 821-2498 Print Shop Thank You For Doing Business With Us...... Augusta, Georgia - Procurement Department spaulk@augustaga.gov www.augustaga.gov From: Darrell White <DWhite2@augustaga.gov> Sent: Friday, June 17, 2022 11:08 AM To: Geri Sams <gsams@augustaga.gov> Cc: Sheila Paulk <SPaulk@augustaga.gov> Subject: FW: 6-15-22 RCSO-Jail 15 Passenger Van Importance: High FYI From: Kaycee Braswell <KBraswell@augustaga.gov> Sent: Friday, June 17, 2022 11:03 AM To: Darrell White <DWhite2@augustaga.gov> Cc: Laquona Sanderson <LSanderson@augustaga.gov> Subject: FW: 6-15-22 RCSO-Jail 15 Passenger Van Darrell, Please see that attached memo regarding the Ford Transit 15 passenger van that Wade Ford can order. Fleet Management will wait on Procurements response to advise what to do next. Thanks! Kaycee Braswell Fleet Administrative Coordinator Augusta Richmond County PH: 706-821-2845 2 Fax: 706-821-1498 From: Laquona Sanderson <LSanderson@augustaga.gov> Sent: Friday, June 17, 2022 10:54 AM To: Kaycee Braswell <KBraswell@augustaga.gov> Subject: Fwd: 6-15-22 RCSO-Jail 15 Passenger Van Kaycee, Please see attached. Q Get Outlook for iOS From: Katie Cornelius <KCornelius@augustaga.gov> Sent: Friday, June 17, 2022 10:35:36 AM To: Laquona Sanderson <LSanderson@augustaga.gov> Subject: RE: 6-15-22 RCSO-Jail 15 Passenger Van Q, Please see the attached signed document. সহ Thanks, Katie ___________________________________________________________ Katie Cornelius l Administrative Assistant Augusta – Richmond County l Central Services Department 2760 Peach Orchard Rd l Augusta, Georgia 30906 (p) 706-312-4152 KCornelius@augustaga.gov l www.augustaga.gov From: Laquona Sanderson <LSanderson@augustaga.gov> Sent: Thursday, June 16, 2022 12:41 PM To: Katie Cornelius <KCornelius@augustaga.gov> Subject: FW: 6-15-22 RCSO-Jail 15 Passenger Van Please print the attached and have the director sign the memo. Thank you, 3 LaQuona Sanderson LaQuona Sanderson l Business Analyst Augusta – Richmond County l Central Services Department 2760 Peach Orchard Rd l Augusta, Georgia 30906 (p) 706-432-5254 l (f) 706-796-5077 LSanderson@augustaga.gov l www.augustaga.gov From: Kaycee Braswell <KBraswell@augustaga.gov> Sent: Wednesday, June 15, 2022 3:22 PM To: Laquona Sanderson <LSanderson@augustaga.gov> Subject: 6-15-22 RCSO-Jail 15 Passenger Van See attached. Kaycee Braswell Fleet Administrative Coordinator Augusta Richmond County PH: 706-821-2845 Fax: 706-821-1498 This e-mail contains confidential information and is intended only for the individual named. If you are not the named addressee, you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. The City of Augusta accepts no liability for the content of this e-mail or for the consequences of any actions taken on the basis of the information provided, unless that information is subsequently confirmed in writing. Any views or opinions presented in this e-mail are solely those of the author and do not necessarily represent those of the City of Augusta. E-mail transmissions cannot be guaranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender therefore does not accept liability for any errors or omissions in the content of this message which arise as a result of the e-mail transmission. If verification is required, please request a hard copy version. AED:104.1 A ""p-.:T?t Senrices DePartment'"fffta,-;Tstiyth A, Dorsc, Director 2760 Peach Orchanl Rood, Augusa, GA 30906Iaquona sandcrsoo' Busincss Analyst (7o6rszr-7r't4fuN (706)796-J077 Fru. 0lo kftW:- TO: FROM: DATE: SUBIECT: MEMORANDUM Geri Sams, I)irector, procurement Deparrtment $5lampkin, Interjm l)irector, Central Senices Departmentt<# June 15,2022 Request to udlize state contract #swc 99999-spD-8s40199373-009s - Ford T350 lS-passenger Van on behalf of the Richmond county sheriffs office, cenhal senrices-Fleet Manageurent requestto utilize state conhact #swc 99999-sPD-ES40199373-009s (Ford T350 passenger van). Fordopened orders for the T350s early June and is expected to have a short order window. The state conhact holder, Wade Fond, informed Flret Management to place the order to avoidsurpasses the state conhact pricing sut off. The estimated dcing is $s:,91s p; th" attachedquote. To ensure we meet the pricing cut offthe vendor has recommended placing the order at theestimated cost' once Commission has app-roved the order, Fleet Manqgement will acquire thepurchase order and submit to the vendoi -for securing the assJ purchasi. - Fleet Management is-requesting permission to place an order for the Riclmond Co,nty Sheriffsoffi ce utilizing spl,osr 8 1r o Jo: - r 3 I o I 222 -O3 -eOW SiZZi t 01. Thank you for your assistance. Please call if you have any questions or concenns in regards tothis communication. RL/Kb Katie Cornelius From: Sent: To: Subject: Attachments: Rachael Hammer <rhammer@wade.com> Thursday, June 02, 2OZ2Z:40pM Kaycee Braswell EXIERNALI Transit Vans :19-]?-r 1 T350 passenger van 2023 Revison (1).xrsx s7.8.9 T-150-2s0-350 cargo Van2023 Revison (1)xlsx The order bank opened a few days ago and were were promised a short window but have not been given anexact end date' lf you can fitl out the worksheets with what you think you wlll need we can place the orderswithout a Po in order to make sure we get them in the system. you will Nor be held responsible for thevehicle unless you issue a Po, we can easlly cancel it, I would iust hate to miss the order window waiting on aPO. Let me know if you have any questions. Thanks! RachaelHammer Government Department Manager Wade Ford 77O-436-L200 Ext 1615 [NorlcE: This message originated outside-of th? city of Augusta's mail system - Do Nor cLlcK on links,open attachments or respond to requests for infornration uiless you are sure the content is safe.l GA stolewide controct 99999 -spD-Es4ot 99g23-oogsSIO/SI2/SI3 T-350 PASSENGER VAN I.OW/MID lHIGH ROOF / Etx2Y, l48'wr, 3.51 std V6, Vinyr seots, Fronr Ac, power Group, Bock-up comwo, AM/FM, sriding side DoorWADE toRD Governmenr sorer 3E60 south cobb Dr smyrno, oA soogoJorld lron Phone fAX emolt Roof Exl Length (lS Tow Power Heoled Minors Full Wheel Covers HD Fronl Troy Floor rotol lody optlonr -----*ffi- Dellvcry C hoEe --*---ES-lictotttc rom-----ffirotoltoch----..---.-.-ffi66- # Unlh lor order rotqlfior otder / po- sE lsg.oo Agency Agency Conloct phone Addrers -ffi BY Schoot Bus Yellow PQ ?oce Red YI Oxford While UM Agqte BlockllerolliCg26- FK Diffused Silver Uetoilic $200- J7 Mognetic Metollic $200 AW (opoor Red Metollic $200 NI Blue Jeons Meiollic $200 UX ngot Silver Metoilic $200 W6 Green Gem Melollic $200 T$T TAIXIXG CQUI?IEXT SAIES I 33IYIGI. LlG 115 SANDBAR FERRYROAD AUGUSTAGASOgOl Phone t m5{55{915 QUOTE Drtt Qoo[.1 6Dtm2 ng7 Natne /Addrcas ERS"TVEHICI,E ATIN:IERRI DOBOX507 AUG['STAY GA 30903 CCID.21TR52A{B FEN{-{010 FBN.H.221gBW FBN.H3217 FBN{-t{t1{ FEN-92009 sou-BTBAStp000 5LB - 25614 ABL-1,{05*t HAV-WGI.F2O sET-loV$UNC M3c LABOR 2OZt TI)RDIEANSITTS5oVAN ( r$ WTTEEL BASE )PRISONER IRANSIORT BLT'E LIGHTS AUGUSIA.BJCXil{OND CNTY 21IB52AI - 52" 21TRSTANDARD MODEL LEDUGHTBAR WIrI{TNGDOWNANDALLEY FEhIIEX C4O1O 42M MINI CONIROLLER TGNIEX H.22T9BW W VEN$ON CANNON BLI'BAAIHITE FENIEX H.1iII7 MErAL r'LINGE W MOI'NTTNG }IARDWARE FtNIEx C4{ru groRM mO 100tA, stREN FENIEX 92(n9 TRTTON lMW SPEAXER SOUND OFF ETBASSANO BACK UPALARM 5LB FIRE EXIINGI'ISIIER W VEHICI,B B,RACKET TRtrI.EOUTLET HAVIS SHIETDS UIINDOWGUAXDXITFOR U PASSENGER OR 15 PASSENGER T4IITH s'TAIING OUT DOORS V1IILL NEEDIO KNOW W}TETIIERTI{E VAN tri A TIOOR 14E MIEEL BASE EBSC'RE ORDEruNG KIT SENNA TOVSCAGE }VM{FULL K)WER EXIENSON PAI{EL sH@slrPPt Y (WIRE LOOMFUSES,ETq LABOR TO INSTALL A8O1'B 155fi) 125.00 {0.m 60.(n 30,q) r"6E5.m 0.m u5.(n 2,850.00 Thle Quoc lgan offoby West Warntg fauip-"t t" p,,rt.* Goodr and/or provtde ServicesGapplicable) to tlre EcePlant of thit quot hr a€cordance witr the spedficatiors sbEd hetein ThtsQuote b not!tuding o( aeepEd urtir the rcepitatrt flppties west wamtu€ Eq'iPtrrEalt wift apucluce order for fte Eroted goods and/q eeriges. dmmencemesrt of p.r.t r"ir,g tlood" .rd/o,providlng serivee will occur once botr parties agree upur. a"e. oooeiil*. r*-?il;;; Salcc Tax (8.0%) $o.m Total %,nLn Administrative Services Committee Meeting 8/30/2022 1:10 PM 2022 RCSO 15PASSENGER TRANSIT GA State Contract Department:Central Services Presenter:Ron Lampkin Caption:Motion to approve utilizing a state contract (#SWC 99999-SPD- ES40199373-009S) for the purchase of one Ford T350 Van, at a total cost of $53,933 to Wade Ford for the Richmond County Sheriff’s Office. Background:The state contract holder, Wade Ford, informed Fleet Management to place the order to avoid the state contract pricing or manufacture order cut offs. Ford opened orders for Transit vans in early June 2022. The estimated pricing is $53,933 per the attached quote. The purchase of one Ford Transit 15-Passenger van was requested by the Richmond County Sheriff’s Office to replace asset #994141. To ensure we meet the pricing cut off the vendor has recommended placing the order at the estimated cost. Once Commission has approved the order, Fleet Management will acquire the purchase order and submit to the vendor for securing the asset purchase. Analysis:The Procurement Department approved the request to utilize Georgia State Contract #SWC 99999-SPD-ES40199373-009S awarded to Wade Ford. Wade Ford - $53,933 Financial Impact:SPLOST 8 (330-03-1310/222-03-9002/54-22110) $53,933 – Wade Ford Alternatives:(1) Approve (2) Do not approve Recommendation:Receive as information the order place for one Ford Transit 15-passenger van, at a total cost of $53,933 to Wade Ford (#SWC 99999-SPD- ES40199373-009S) for the Richmond County Sheriff’s Office. Funds are Available in the Following Accounts: SPLOST 8 (330-03-1310/222-03-9002/54-22110) $53,933 – Wade Ford REVIEWED AND APPROVED BY: Procurement Finance Law Administrator Clerk of Commission Centrel Servlcer Depertuent - Fleet Manrgement Dtvtrion Replrcemcnt Evaluation Fom Arcet Informetion DepartrrentName: Cental Services Datc lGAug-22 OrgKey: 10l-01-6420 Velricle Description: 2003 Ford Fl50 Ass€t Nurrber: F02299 Assigned Use:fire vehicle is used for facility maintenance servioe requests. Signature of Dircctor/Elected Offi cial Name of DirectorlElectod OffEcial PurchaseDate: lll7l2ffi3 PurchasePrice: $16"963.04 Clttr€ntMileage: 120,771 Cument Horns:N/A Replocement Criterir Scorhg Tlpe of Service 3 M&R Cost 2 Score Dctrlls MiledHours 12 4l% oR $6,951.01 Reliability-4- Condition 4 Vehiclewillnotstayruming Totels.oo.E Fleet Manager Rccomnrendation: Vehicle wttl be tumed in for r new Ford F150. The vehicle has ahistoryofno operating at full eapacity and will shut down. The technician has picked up the vetriole from being scrviced multiple timcs and it will only nrn for a short period" The deparhent has dctcrmined that the vdricle cannot be used for any other divisions and will need to be sold on arc{ion. Planned Replacement Year: ch Frmding source: f41 Fleet Manager Apprroval |rfnmc of Fleet Cenfal Services Director Int€rim Flcet Interim Csntral Serviccs DirectorName of Director: Ron Administrative Services Committee Meeting 8/30/2022 1:10 PM 2023 Ford F150s Department:Central Services Presenter:Ron Lampkin Caption:Motion to approve utilizing state contract (#SWC 99999-SPD- ES40199373-002) for the purchase of eight Ford F150s, at a total cost of $306,808 from Allan Vigil Ford for various departments. Background:To ensure the purchase is secured by Augusta Richmond County, Procurement drafted a “Letter of Intent to Purchase” at the request of Central Services-Fleet Management Division. The state contract holder, Allan Vigil Ford, informed Fleet Management that the Ford manufacture pricing for 2023 Ford F150s opened late July and scheduled to close August 12. Ford requires a purchase order to secure the orders while “Letter of Intent to Purchase” will potentially hold the orders until our agenda process is complete. Once Commission has approved the order, Fleet Management will acquire the purchase order and submit to the vendor for securing the asset purchase. Central Services is replacing asset #F02299. Engineering is purchasing one new truck for a new Inspector. The Marshals Office-Airport Division is purchasing one new truck. Planning and Development – Building Inspections is purchasing two new trucks for two new Inspectors. Utilities is purchasing two new trucks for Fort Gordon and one new truck for Water Quality. Analysis:The Procurement Department approved the request to utilize Georgia State Contract (#SWC 99999-SPD-ES40199373-002) awarded to Allan Vigil Ford via letter of intent. Central Services – 2023 Ford F150 - $35,853 Engineering – 2023 Ford F150 - $40,580 Marshal-Airport – 2023 Ford F150 - $50,658 Planning and Development – (2) 2023 Ford F150 - $31,198/asset Utilities-Fort Gordon – 2023 Ford F150 - $40,540 and $41,105 Utilities-Water Quality – 2023 Ford F150 - $35,676 Financial Impact:Fleet Capital - (272-01-6440/54-22210) - $35,853 Engineering – NPDES Funds (261-04-1311/54-22210) - $40,580 Marshal-Airport - GMA Lease (631-10-1110/54-99631) - $50,658 Planning and Development - (217-07- 2210/54-22210) - $31,198 each = total $62,396 Utilities-Fort Gordon - GMA Lease (631-10-1110/54-99631) - $40,540 Utilities-Fort Gordon - (506-04-3430/54-22210) - $41,105 Utilities-Water Quality - GMA Lease (631-10-1110/54-99631- $35,676 Alternatives:: (1) Approve (2) Do not approve Recommendation:Motion to approve utilizing state contract (#SWC 99999-SPD- ES40199373-002) for the purchase of eight Ford F150s, at a total cost of $306,808 from Allan Vigil Ford for various departments. . Funds are Available in the Following Accounts: Fleet Capital - (272-01-6440/54-22210) - $35,853 Engineering – NPDES Funds (261-04-1311/54-22210) - $40,580 Marshal-Airport - GMA Lease (631-10-1110/54-99631) - $50,658 Planning and Development - (217-07- 2210/54-22210) - $31,198 each = total $62,396 Utilities-Fort Gordon - GMA Lease (631-10-1110/54-99631) - $40,540 Utilities-Fort Gordon - (506-04-3430/54-22210) - $41,105 Utilities-Water Quality - GMA Lease (631-10-1110/54-99631- $35,676 REVIEWED AND APPROVED BY: Procurement Finance Law Administrator Clerk of Commission Administrative Services Committee Meeting 8/30/2022 1:10 PM Charles B. Webster Detention Center Replacements Department:Central Services Presenter:Ron Lampkin Caption:Motion to receive as information only the emergency replacements needed to the Charles B. Webster Detention Center totaling $984,123.00 for Lock Replacement - Willo Products Co., Shower Upgrades - Tri Solutions, Roof Replacement - Hixon's Roofing Background:Per the April 20, 2021 - Commission Meeting, in which the Administrator’s office was tasked with addressing the infrastructure needs at the Charles B. Webster Detention Center, below listed are the Phase 2 Projects to be performed during the year 2022: $534,288.00; 2022 CSD SPLOST VII Overages Lock/Security Replacements (C & D Pods) – Willo Products Company $265,160.00; 2022 CSD SPLOST VII Overages Shower Upgrades (F, B, C & EG Pods) – Tri Solutions Inc. $184,675.00; 2022 CSD SPLOST VII Overages Roof Replacement (E Pod) – Hixon’s Roofing Analysis:Shower replacement, lock/security replacement, and roof replacement activities will take place during the year 2022 to address the infrastructure needs at CBWDC. Financial Impact:$984,123.00 charged to 2022 CSD SPLOST VII Overages 329051110- 54.13120/ 222059622-54.13120 Alternatives:(1) Approve information (2) Do not approve information Recommendation:Receive as information only the emergency replacements needed to the Charles B. Webster Detention Center totaling $984,123.00. Funds are Available in the Following Accounts: $984,123.00 charged to 2022 CSD SPLOST VII Overages 329051110- 54.13120/ 222059622-54.13120 REVIEWED AND APPROVED BY: Procurement Finance Law. Administrator Clerk of Commission Administrative Services Committee Meeting 8/30/2022 1:10 PM Hornsby Subdivision Improvments Department:Augusta Commission Presenter:Commissioner Jordan Johnson and Cherry Avenue Revitalization Enterprise Caption:Discuss Hornsby Subdivision Improvements led by Cherry Ave. Revitalization Enterprise regarding housing rehabilitation of abandon houses. (Requested by Commissioner Jordan Johnson) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Proposed Augusta, EMS Contract 01704214-1 Page | 1 CONTRACT FOR 9-1-1 AMBULANCE RESPONSE AND EMERGENCY MEDICAL SERVICES This Contract for 9-1-1 Ambulance Response and Emergency Medical Services (“Contract”) is made and entered into effective as of the ____ day of ___________, 2022 (the “Effective Date”), by and between GOLD CROSS EMS, Inc., a Georgia Corporation (the “Contractor”), and the Consolidated Government of Augusta, Georgia, a political subdivision of the State of Georgia (“Augusta, Georgia” or the “City”). WHEREAS, Augusta, Georgia desires satisfactory arrangements to provide ambulance response and emergency medical services in conjunction therewith within the Service Area (as defined herein); WHEREAS, Contractor operates an emergency medical service business operating in a geographic area that includes the Service Area under the guidelines of Georgia Emergency Medical Services Act (O.C.G.A. §31-11-1, et seq.) and the regulations promulgated thereunder by the Georgia Department of Public Health (Ga. Comp. R. & Regs. §511-9-2, et seq.); and WHEREAS, Augusta, Georgia desires that Contractor provide ambulance response and emergency medical services within the Service Area upon the terms and conditions set forth in this Contract; and WHEREAS, Contractor desires to provide ambulance response and emergency medical services within the Service Area upon the terms and conditions set forth in this Contract. NOW, THEREFORE, in consideration of the premise, the mutual covenants and promises hereinafter set forth, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows: ARTICLE I DEFINITIONS The following terms when used in this Contract shall have the meanings as follows: 1.1 Act means the Georgia Emergency Medical Services Act (O.C.G.A. §31-11-1, et seq.) and the regulations promulgated thereunder by the Georgia Department of Public Health (Ga. Comp. R. & Regs. §511-9-2, et seq.). 1.2 Advanced Life Support (ALS) means the assessment, and if necessary, treatment or transportation by ambulance, utilizing medically necessary supplies and equipment provided by at least one individual licensed above the level of emergency medical technician, as approved by the department. 1.3 Ambulance means a motor vehicle registered by the Department that is specially constructed and equipped and is intended to be used for emergency transportation of patients. 1.4 Ambulance Service means the providing of emergency care and transportation on the public streets and highways of this State for a wounded, injured, sick, invalid, or incapacitated human being, to or from a place where medical or hospital care is furnished. Proposed Augusta, EMS Contract 01704214-1 Page | 2 1.5 Communications Center means the single facility, which receives emergency medical calls from the PSAP, notifies Emergency Medical Responders and dispatches Ambulances operating in the Service Area. For purposes of this contract, this is the Contractor Dispatch Center. 1.6 Contract Administrator means the person with daily oversight of the EMS Contract and shall be the Fire Chief of Augusta, Georgia (herein used synonymously with “Augusta, Georgia”). 1.7 Department means the Georgia Department of Public Health. 1.8 EMA Director means the Director of the Augusta, Georgia Emergency Management Agency. 1.9 Emergency means any request for ambulance services in connection with circumstances, which may be of a life-threatening or limb-threatening nature and which apparently requires immediate response. Such calls shall be designated Priority 1 or Priority 2. 1.10 Emergency Medical Services or “EMS” both emergency and non-emergency Licensed ambulance Services, Licensed Emergency Medical Responder Services, Licensed neonatal transport services and medical services provided in conjunction therewith. 1.11 EMSAB means the Emergency Medical Service Advisory Board consisting of the Contract Administrator, a designee of the Contractor and the Contractor’s Medical Director and an Augusta Fire Department EMS Coordinator, each with sufficient knowledge, skill, and experience to participate meaningfully. 1.12 EMS Personnel means; any person licensed by the department as an EMT-R, EMT, EMT- 1, AEMT-CT, or paramedic. 1.13 EMS System means the comprehensive coordinated arrangement of resources and functions to respond to medical emergencies and other medical needs in conjunction with providing EMS in the Service Area. 1.14 Emergency Medical Responder means an individual who has successfully completed a department approved EMR course with a minimum of 80 hours of training 1.15 First Responder means any person or agency who provides on-site care until the arrival of a duly licensed ambulance service. 1.15 First Responder Organization A group or association of First Responders that, working in cooperation with a Licensed Emergency Medical Services provider, provide immediate on scene care to ill or injured persons but does not transport those persons. 1.16 License or Licensed means that a person or entity has complied with all requirements of the Act, the Department, and all other regulatory bodies necessary to perform its respective functions. 1.17 Medical Director means the licensed physician (or his/her designee) employed by the Contractor who provides immediate and concurrent clinical guidance to EMS Personnel regarding pre-hospital management of a patient. 1.18 Medical Protocol means a written statement of standard procedures, promulgated by the Department or the Medical Director as the medically appropriate standard of out-of-hospital care for a given clinical condition, which shall also be subject to the reasonable approval of the EMSAB. Proposed Augusta, EMS Contract 01704214-1 Page | 3 1.19 Mutual Aid Agreement means a written agreement between providers of Emergency Medical Services where the parties agree to provide assistance to one another in a reasonable manner. Reasonable Mutual Aid means responding for assistance from contiguous counties PSAP center, not to exceed five times per week, unless there are extenuating circumstances deemed appropriate by the Contractor and Contract Administrator. 1.20 Non-Emergency means any request for Ambulance transport service to an emergency room for a Patient, which is not an Emergency request, but is nevertheless a valid transport request. Such calls shall be designated Priority 3. 1.21 Non-peak Hours means 8:00 pm through 7:59am Sunday-Friday. 10pm through 9:59am on Saturday and Holidays. 1.22 O.C.G.A. means Official Code of Georgia Annotated. 1.23 Quick Response Vehicle (QRV) means an emergency response motor vehicle that is staffed with a paramedic. 1.24 Patient means an individual who is ill, sick, injured, wounded, helpless or otherwise incapacitated, and who is in need of, or is at risk of needing medical care or assessment during transportation to or from a health care facility, and who is reclining or should be transported in a reclining position. 1.25 Patient Charges means those amounts charged to Patients by Contractor for services provided hereunder. 1.26 Peak Hours – 8:00am through 7:59pm Sunday-Friday. 10:00am through 9:59pm on Saturday and Holidays. 1.27 PSAP (911 Public Safety Answering Point) means the public safety agency which receives incoming 9-1-1 telephone calls and dispatches appropriate public safety agencies to respond to such calls. For purposes of this contract, this is the Augusta 911 Center. 1.28 Priority means the call priority number (i.e. Priority 1, 2 or 3) of all requests for an ambulance, which is determined by the Contractor’s Communications Center, pursuant to telephone algorithms and priority dispatch protocols. Contractor’s Communications Center shall provide the priority of the incident to the PSAP to determine if First Responder resources are needed for the incident. a. Priority 1 calls shall be life threatening (Ambulance responds with lights and siren). b. Priority 2 calls shall be all other emergency calls (Ambulance responds with lights and siren but can be diverted to a Priority 1 call if they are the closest Ambulance to the emergency). c. Priority 3 calls shall be a non-emergency ambulance transport of a Patient (Ambulance does not utilize lights and sirens for the incident). 1.29 Response Time means the actual time elapsed between the time the Contractor receives sufficient information to allow the Contractor to respond to the call and the actual arrival at the location of an Ambulance or the arrival of a QRV when patient transport is not required Proposed Augusta, EMS Contract 01704214-1 Page | 4 1.30 Response Time Standard means not more than the times as follows: Level Urban Rural Priority 1 Less than 12min 90% of the calls Less than 15 min 90% of the calls Priority 2 Less than 15min 90% of the calls Less than 20 min 90% of the calls Priority 3 Less than 30 min 90% of the calls Less than 31 min 90% of the calls 1.31 Rural means those areas generally south of Willis Foreman Road and Brown Road in Augusta, Georgia as shown on Exhibit “A” a map captioned “EMS Response Zones” which is attached hereto and incorporated herein by reference. 1.32 Service Area means that area which is contained within the boundaries of Richmond County, Georgia, excluding the United States Army installation known as Fort Gordon. 1.33 State means the State of Georgia and its regulatory agencies. 1.34 Subsidy means those funds provided by Augusta, Georgia to help offset contractor expenses related to fulfilling obligations of the contractor herein. 1.35 Term means the period set forth in Section 2.1. 1.36 Urban means those areas generally located north of Willis Foreman Road and between Brown Road in Augusta, Georgia as shown on Exhibit “A”, a map captioned “EMS Response Zones”, which is attached hereto and incorporated herein by reference. ARTICLE II TERM AND SCOPE OF CONTRACT 2.1 TERM. This Contract shall commence on the Effective Date and shall be in place for a five (5) year period with an option to renew per the schedule below and shall terminate on [_____] 2027 at 11:59 p.m. provided, however, that this Contract shall have two successive automatic renewals to extend the term of this Contract as follows: (the period running from the Effective Date until the last date set forth below shall be referred to herein as the “Term”). Renewal 1: from 2027 to 2028 Renewal 2: from 2029 to 2031 This contract shall (i) terminate absolutely and without further obligation on the part of Augusta each and every December 31 at 11:59 pm as required by OCGA § 36-60-13, as amended, unless terminated earlier in accordance with the termination provisions of this agreement; and (ii) automatically renew on each January 1st at 12:00 AM, unless terminated in accordance with the termination provisions of this Agreement; and (iii) terminate absolutely, with no further renewals, unless extended by written agreement. Notwithstanding any other provision herein, this Contract shall terminate if Contractor is no longer the State of Georgia EMS provided for the State of Georgia region VI (for Augusta, Georgia). This Contract shall terminate immediately and absolutely at such time as appropriate and otherwise unobligated funds are no longer available to satisfy the obligations of Augusta, Georgia under the Contract. All terms and conditions of this Contract shall remain in force with each automatic renewal. Proposed Augusta, EMS Contract 01704214-1 Page | 5 2.2 SCOPE OF CONTRACT/SERVICE EXCLUSIONS. During the term of this Contract, the Contractor shall furnish Emergency Medical Services as set out herein throughout the Service Area. In this regard, Contractor shall provide dispatchers at the Communications Center 24 hours a day, 365 days per year to dispatch Ambulances in response to calls. Dispatchers will be Emergency Medical Dispatcher (EMD) Certified. 2.3 PROVISION OF SERVICES. Contractor shall manage all day-to-day operations including dispatch, field operations, billing, collections, purchasing and other operational functions. Contractor shall negotiate all Mutual Aid Agreements for the Service Area as may be necessary, maintain all facilities and equipment; hire, terminate, and provide or arrange for in-service training of all EMS personnel under the authority of Contractor; manage all billing and collection functions related to Contractor’s services hereunder; and generally manage all aspects of the Contractor’s EMS operations. Contractor must hold and maintain all required licenses and permits required by law to provide services outlined. Contractor’s services shall include, but not be limited to, the following: a. Employ and manage all of Contractor’s EMS Personnel; b. Ensure that each Ambulance crew meets applicable State requirements; c. Provide employee in-service training sufficient to meet applicable State requirements, to include continuing education training and re-licensure requirements; d. Provide for all Ambulances, equipment and supplies necessary to perform under this Contract. In this regard Contractor shall provide a minimum of ten (10) dedicated ambulances during peak time and a minimum of eight (8) during non-peak time dedicated and available for service within the service area. No less than eight (8) ambulances shall be staffed to the ALS level. It shall be the responsibility of the Contractor to maintain and replace equipment and vehicles as necessary at their expense. Both parties agreed to review the number of ambulances in the EMS system, annually. Contractor shall have a six month period from the Effective Date to comply with this provision. e. Contractor shall also provide three (3) Paramedic Level QRV 24 hours a day to provide ALS backup, ALS interventions, and Emergency Medical Responder services. Contractor shall have a six month period from the Effective Date to comply with this provision. f. Furnish all fuel, lubricants, repairs, initial supply inventory and all supplies for Contractor’s operations; g. Conduct all billing and collection activities and procedures provided, however, that Contractor shall not delay or deny any treatment or valid transport request due to any Patient’s inability to pay; h. Provide sufficient dispatch, equipment, supplies, and maintenance to perform under this Contract, which shall include the transfer of medical related 9-1-1 calls from the PSAP to the Contractor’s Communications Center for screening by the Contractor’s personnel and assignment of the closest available Ambulance by the Contractor’s dispatch personnel; and i. Maintain State and local vehicle permits and personnel certifications, and the State provider’s License; j. Maintain, at no additional cost to Augusta, Georgia, a vehicle locater system (AVL or Geolocator) that will allow dispatchers to track the number of available units, and QRV resources assigned to Richmond County in real time and allow unrestricted view access only to allow for transparency and oversight. To include access to location information/data, ambulance status, and emergency call data information; and k. County may, at no cost to the Contractor, purchase, implement, operate and maintain a middleware software/hardware program to share real-time emergency call data and information between the PSAP’s Computer Aided Dispatch (CAD) system and the Contractor’s Communications Center CAD system. Contractor agrees to assist County with implementation, connectivity, troubleshooting and support of the middleware program. Middleware program will also include a vehicle locater system (AVL or Geolocator) to will allow dispatchers to track the number of available units and QRV resources assigned to Richmond County in real time and allow unrestricted access to allow for transparency and oversight. Middleware program shall include access to location information/data, ambulance status, and emergency call data information identified by Augusta, Georgia; and l. Conduct quarterly reviews of performance with the EMSAB to review statistics, data and monitor trends with a status report provided to the Augusta Commission quarterly; and Proposed Augusta, EMS Contract 01704214-1 Page | 6 m. Provide daily, monthly and on demand reports, which detail call response times, unit availability and call quantity; and n. Operate EMS System to meet all clinical Standards; and o. Provide and update the public with EMS related information; and p. Operate and maintain substations, to each of which at least one Ambulance shall be assigned; provide Augusta, Georgia with a listing of all substations q. To utilize a system status methodology to rotate/move available Ambulance resources to areas requiring ambulance coverage; and r. The contractor and Augusta, Georgia with the approval of both the Medical Director and the Fire Chief, allow each other to use any equipment and/or medications for which their personnel are trained, credentialed and is within their scope of practice. This will be done at no charge to either agency; and s. Transport Augusta, Georgia employees who are injured while on duty to an area hospital as designated by the employee at no additional cost to Augusta, Georgia or to the employee after insurance has been filed. t. The Contract will govern the provision of services provided under this Contract. In the event of a conflict, the provisions of this Contract shall govern. u. Contractor may delegate, assign or subcontract all or a portion of its rights and obligations under this Contract, including to one or more of its affiliate companies, and such affiliate’s ambulances and personnel shall count toward the satisfaction of Contractor’s provision of services hereunder. Notwithstanding the foregoing provisions (permitting delegation, assignment or subcontracting) and notwithstanding any other provision of this contract, Contractor (Gold Cross EMS, Inc.) is not relieved of and shall remain solely responsible for the fulfillment of the obligations and responsibilities of Contractor in and under this contract. v. Contractor shall not discriminate against any person in its operations, activities or delivery of services under this Contract. Contractor shall affirmatively comply with all applicable provisions of federal, state and local equal employment laws and shall not engage in or commit any discriminatory practice against any person based on race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation or any other factor which cannot be lawfully used as a basis for the provision or denial of service delivery. w. Contractor hereby warrants and represents that at all times during the Contract Term, it shall maintain in good standing all required licenses, certifications, and permits required under federal, state and local laws necessary to perform the services required by this Contract. x. The Contractor is responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. Contractor shall 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. y. Contractor shall maintain a Drug Free Workplace. z. The waiver by either party of any failure on the part of the other party to perform in accordance with any of the terms or conditions of this Contract shall not be construed as a waiver of any future or continuing similar or dissimilar failure. aa. In the event the Contractor is a foreign corporation, partnership, or sole proprietorship, the Contractor hereby irrevocably appoints the Georgia Secretary of State as its agent for service of all legal process for the purposes of this Contract only. bb. This Contract constitutes the sole Contract between the parties. No representations oral or written not incorporated herein shall be binding upon the parties. No amendment or modifications of this Contract shall be enforceable unless approval by action of Augusta. cc. If the Contractor is asked by Augusta to perform Work beyond the scope of this Contract for which payment is desired, it shall notify Augusta in writing, state that the work is Proposed Augusta, EMS Contract 01704214-1 Page | 7 considered outside the basic scope of work of this Contract, give a proposed cost for additional work, and obtain the approval in writing from Augusta prior to performing the additional work for which it is to be paid. Augusta shall in no way be held liable for any work performed under this section which has not first been approved in writing by Augusta. dd. Augusta and Contractor each binds itself and its partners, successors, executors, administrators and assigns to the other party of this Contract and to the partners, successors, executors, administrators and assigns of such other party in respect to all covenants of this Contract; except as above, neither Augusta nor Contractor shall assign or transfer its interest in this Contract without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officers or agent of Augusta, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the parties to this Contract. ee. Any document supplied by Contractor to Augusta related to the services provided hereunder shall remain the property of Augusta. Augusta reserves the right or approval prior to the distribution of any written material prepared by Contractor. Contractor agrees that Augusta may reuse all such documents, in its sole discretion, without first obtaining the permission of Contractor and without any further payment to Contractor 2.4 PROFESSIONAL SKILLS AND TRAINING OF PERSONNEL. All of Contractor’s personnel shall possess the professional skills, expertise and experience necessary to perform the jobs which each holds and those which are required to be Licensed or certified by any applicable law or regulation, shall have and maintain all necessary Licenses and certifications while performing services hereunder. Contractor’s personnel shall attend training sessions sufficient to maintain any Licenses or certifications (if required) necessary to perform the jobs, which each such person performs. The cost of training and/or certification maintenance of Contractor(s)’s employees shall be the sole responsibility of the Contractor(s). 2.4 WORK SCHEDULES AND WORKING CONDITIONS. Contractor shall utilize work schedules, shift assignments, and provide adequate working-conditions in compliance with applicable law in all material respects. Contractor shall comply with all federal and state wage and labor laws. Contractor shall maintain, and provide to Contract Administrator, written policy demonstrating utilization of management practices that ensure personnel working extended shifts, part time jobs, and voluntary or mandatory overtime, are not fatigued to an extent that might impair judgement or motor skills and will not negatively affect patient care. 2.6 RESPONSE REQUIREMENTS. In providing EMS under this Contract, contractor shall meet the Response Time Standards. In each instance where the Response Time Standard is not met, the Contract shall notify the Contract Administrator, within the monthly reports as provided in Section 2.13.1. The Contractor and the Contract Administrator shall review these occurrences quarterly. Contractor(s) shall respond to all calls, without delay, with the closest available appropriate unit when dispatched. All response times, measured in seconds and not whole minutes. 2.7 PSAP OPERATIONS. On all 911 calls transferred to the Contractor’s Dispatch Center from the Augusta, Georgia PSAP, Contractor’s personnel shall use appropriate Emergency Medical Dispatch (EMD) protocols and Contractor’s Dispatch Center shall report to PSAP the priority level for the incident. PSAP personnel will determine any need for First Response by the Augusta, Georgia Fire Department based on Fire Department Operational Procedures. At the Contractor’s expense, Contractor shall furnish and maintain a system status board in the Augusta, Georgia PSAP, which shall show location and status and provide GPS tracking of each ambulance assigned to Richmond County. Prior to the start of each 12-hour shift Contractor shall provide the PSAP and the Contract Administrator and/ or designee of Augusta, Georgia with a roster of each ambulance assigned to Richmond County, the personnel on each ambulance, and each personnel’s certification level. Proposed Augusta, EMS Contract 01704214-1 Page | 8 2.8 USE OF MUTUAL AID AND EMERGENCY MEDICAL RESPONDERS ALLOWED. Contractor will arrange for and utilize Mutual Aid Agreements with other EMS providers as determined by the Contractor, and may utilize Emergency Medical Responder services furnished by itself or neighboring EMS providers, pursuant to any applicable mutual aid agreements, as determined by the Contractor. If any compensation to the neighboring EMS provider is agreed to, it is the responsibility of the Contractor to pay such compensation. Augusta, Georgia shall be notified of all Mutual Aid Agreements by the Contractor. Contractor shall have a signed agreement with a secondary ambulance service to serve as a back-up transport service within ninety (90) days of execution of the Agreement. A copy of said agreement shall be promptly provided to the Contract Administrator. 2.9 CONTRACTOR PERSONNEL. All persons employed by Contractor in the performance of work under this Contract shall be holders of appropriate permits to their professions. It is understood and agreed that Contractor and its employees shall comply in all material respects with customary procedures, standards, rules and regulations for Patient care and Ambulance maintenance. 2.10 PROFESSIONAL CONDUCT AND DRESS. Contractor’s employees and agents shall provide courteous and professional conduct and appearance at all times. The EMS Personnel shall have a uniform to be worn when on duty. Uniform styles shall be determined by the Contractor. Identification of the Contractor’s employee EMS license or certification level must be visible while operating in the field. All EMS personnel must undergo blood and urine drug screens for detection of infectious diseases or illegal substances in accordance with the requirements under the Occupation Safety Health Act, and/or Contractor rules and regulations, and are the responsibility of the Contractor. • Contractor(s) shall make each employee aware of his/her responsibility to consent to the release of information between Augusta, Georgia and the Contractor(s). • Contractor(s) shall allow County personnel to ride along with Contractor(s)’s staff for the purpose of training and/or remediation of AFD personnel, to include all levels of licensure at no charge to Augusta, Georgia. • All response personnel shall be physically capable of performing the tasks assigned by the Contractor(s) to meet the needs of this contract. • The Contractor(s) will immediately transport to a facility for testing any Personnel suspected to be using or under the influence of drugs or alcohol or other intoxicant or have an agent of a testing facility come to the location of the employee to obtain a necessary sample. The Contractor(s) will be responsible for any and all costs associated with this testing. Any Personnel suspected of being under the influence of any drug or intoxicating substance will be immediately relieved of duty by Contractor(s) until there is clinical proof to the contrary. • Clinical performance must be consistent with approved medical standards, protocols and guidelines set forth by the State of Georgia and Augusta, Georgia. • Should the need arise, following formal investigation to the same, Augusta, Georgia reserves the right to prohibit a specific employee of the Contractor(s) from working on units providing response within the Richmond County response area. 2.11 STANDARDS FOR VEHICLES AND EQUIPMENT MAINTENANCE. a) Ambulances performing services under this Contract shall meet or exceed the vehicle specifications outlined in the Georgia Ambulance Rules & Regulations. Ambulances with Proposed Augusta, EMS Contract 01704214-1 Page | 9 mileage in excess of 350,000 miles shall not remain in the front line fleet and reserve or backup Ambulances with mileage in excess of 450,000 shall not be utilized except in exigent circumstances. b) Each Ambulance shall be equipped with all required equipment and supplies for operations as required by the Act and the approved Medical Protocols. c) All costs of maintenance and repairs, including parts, supplies, labor, subcontracted services related to the Contractor’s fulfillment of its obligations under this Contract and costs of extended warranties shall be at Contractor’s expense. d) All mechanical, safety and special equipment shall be subject to inspection at any reasonable time by Contract Administrator or designee. e) No ambulance that has been substantially damaged shall be placed back in the service line until it has been adequately repaired. 2.12 MEDICAL DIRECTOR AND MEDICAL PROTOCOL. Contractor shall employ a Medical Director at all times during the term of this Contract. Medical Protocol that effects the service provided hereunder shall be subject to the reasonable approval of the EMSAB. 2.13 DISASTER RESPONSE. During a declared disaster, as determined by an agency of government either locally or in a neighboring jurisdiction, the normal course of business under this Contract shall be interrupted from the moment the Contractor has received actual notice of the disaster situation. Contractor shall commit such resources as are necessary and appropriate, as determined in Contractor’s discretion, given the nature of the disaster, and shall assist in accordance with the disaster plans and protocols applicable in the locality where the disaster has occurred. The disaster-related provisions of this Contract are: a) During the course of the disaster, Contractor shall use reasonable best efforts to provide local ambulance coverage and if necessary, Emergency responses, informing persons requesting such service of the reason for temporary suspension. b) During such period, Contractor shall be released from time reporting requirements, including late run penalties, until notified by the EMA Director or designee that disaster assistance is terminated c) When disaster assistance has been terminated, Contractor shall resume normal operations as rapidly as is practical considering exhaustion of personnel, need to restocking, and other relevant considerations. d) In the event that additional resources are necessary to respond to the disaster, as determined in the discretion of Contractor, provision of such services by Contractor shall be pursuant to a separate Contract between Contractor and Augusta, Georgia. 2.13.1 REQUIRED REPORTS. A. Reporting Requirements. Until such time as Augusta, Georgia has its middleware system in place, the Contractor shall provide to Augusta, Georgia a daily report containing requests for service calls that have a response time greater than thirty (30) minutes, as well as hospital wall time for the preceding 24 hours. This report shall also include units dispatched for calls originating outside of Richmond County. Contractor will also provide monthly indigent report of all calls written off for nonpayment. Once a quarter, during the term of this Contract, the Contractor shall provide to Augusta, Georgia an initial response time performance report relative to every request for 911 ambulance service originating within each priority zone classification (i.e. urban or rural) within the Service Area. Separate reports shall be submitted for Urban and Rural area. Contractor(s) shall use an electronic based patient care reporting system (ePCR) that is Georgia Emergency Medical Services Information System (GEMSIS) compliant. The Contractor(s) will allow the AFD Representative administrative access to their County related data stored on the GEMSIS server. Proposed Augusta, EMS Contract 01704214-1 Page | 10 The Contract Administrator and/or designees of Augusta, Georgia will be notified by email any time an Ambulance or QRV is taken out of service for a period greater than six hours. The Contract Administrator and/or designees of Augusta, Georgia shall be updated by email as necessary to the status of these units. Within ten (10) business days of the award of the contract, Contractor shall provide a list of staff along with their certification numbers. List shall be kept current and up-to-date during the term of the contract and provided to AFD quarterly or as requested. Contractors shall submit a daily staffing roster for the previous 24 hours including the employee name and certification level and a deployment plan for the next 24 hours to the AFD Representative no later than 0900 hrs. The roster and deployment plan must be updated and resubmitted as changes are made. Contractor shall notify Augusta, Georgia in writing within four (4) hours of any and all, accidents, injuries, complaints or mechanical difficulties, or other matters warranting notice, with regard to services provided under the Contract. Contractor must have a comprehensive complaint management plan to address and mitigate customer complaints. The Contractor(s) must notify Augusta, Georgia of the outcome or status of said complaint given due and timely notice. Incidents that require follow up to the customer must be resolved by the end of five (5) business days from when the call was received, and if not possible, a call must be made to the customer with the status of the request. The Contractor must provide a monthly report listing and detailing all complaints received and complaint outcomes within 15 calendar days of the preceding month to include but not be limited to the following elements: a. Billing complaints b. Customer service complaints 1. Augusta, Georgia must be notified in writing within two (2) business days whenever the following occurs: a) Change in the Contractor(s)’s management or supervisory structure. b) Contractor(s) shall provide AFD with the name, address, telephone number, and e-mail for the Contractor(s)’s Medical Director during the term of the contract. c) Contractor(s) shall notify Augusta, Georgia of any changes in the name, address, telephone number, fax number, and e-mail for the Contractor(s)’s Medical Director during the term of the resulting contract. d) Contractor(s) shall provide a monthly summary report of Quality Improvement issues, including remedies or corrective actions and attend a monthly meeting with a AFD Representative to review the findings. 2. Monthly Report – Until such time as Augusta, Georgia has its middleware system in place, Contractor(s) shall submit monthly reports, which shall include call priority number, in a spreadsheet format, to the Contract Administrator including, but not limited to: All information regarding average and 90th percentile performance measures for the following time segments: a) Turnout Time – from when the call is received by ambulance from the contractor’s communication center via notification by the CAD until the unit is en route. b) Travel Time – from when the unit is en route to when the unit arrives on scene Proposed Augusta, EMS Contract 01704214-1 Page | 11 c) Total Response Time – (Turnout Time + Travel Time = Total Response Time). d) Scene Time – from when the unit arrives on scene until the unit is en route to the hospital or returns to service. e) Transport Time – from when the unit is en route from the scene to a destination facility until arrival at a destination facility. f) At Hospital Time – from when the unit arrives at the destination facility until the unit returns to service Monthly reports must be submitted to AFD no later than the 5th day of each month for the preceding month. Reports should include information specific to incorporated and unincorporated areas of Augusta, Georgia. Reports need to be countywide in scope, as well as individual reports using current geographic municipal boundaries for each City inside the County to include the abovementioned information. Annual Report - Contractor(s) shall also submit a year-end report summarizing services provided for the contract period and any renewal contract period by January 15th of each contract term. Contractor(s) shall provide the raw incident response data for any report submitted. Quarterly reports shall include a listing by zone classification of Response Time Exceptions, including responses for which Augusta, Georgia may grant Response Time Exceptions, as provided herein. The format of such report shall be agreed upon by Contractor and Augusta, Georgia. B. Request for Response Time Exemption. Once a quarter, during the term of this agreement, the Contractor shall submit a list identifying Response Time Exceptions for which it requests a Response Time Exemption. The Contractor’s request shall include sufficient documentation of the circumstances of each incident to justify an Exemption. Response Time Exemptions will be granted for: i. Requests during a declared disaster confirmed by Augusta, Georgia locally or in a neighboring jurisdiction, in which the Contractor is rendering assistance. During such periods, the Contractor shall use best efforts to simultaneously maintain coverage within the Service Area while providing disaster assistance as needed. Upon resolution of the disaster event, the Contractor shall apply to the Contract Administrator for retrospective relief from the late-run penalties accrued during the period of disaster assistance and for a reasonable period of restocking and recovery thereafter. ii. Delayed responses occurring due to hospital emergency department offload times (wall time) prolonging ambulances returning to service for emergency calls. Documentation, including the status and activity of all dedicated EMS System ambulances during instances of delayed responses attributable to offload delays and associated delayed response data shall be provided. In addition to the above exceptions from response time requirements, response time requirements shall be exempted for late responses as follows: Proposed Augusta, EMS Contract 01704214-1 Page | 12 a. Responses cancelled prior to the arrival of Contractor on scene; b. Responses not resulting in patient contact; c. Response during the time Contractor is responding to a single emergency requiring more than two (2) ambulances (such as a bus wreck or multi-vehicle pile-up); d. Responses delayed by transmission of erroneous, incomplete or inaccurate information by the PSAP, including but not limited to incorrect addresses or call locations whether the fault of the PSAP or the caller; e. Responses delayed due to inclement weather resulting in slowed traffic patterns and/or hazardous driving conditions that are reported by crews to the PSAP or Communications Center while enroute or that are reasonably documented by other means after the response (e.g., moderate/heavy rain, sleet, snow); and f. A hospital delay period (“Hospital Delay Period”) shall be a period where a response is delayed due to: (i) local hospital overload causing units to transport patients past the closest appropriate facilities, i.e., a declared diversion; and/or (ii) emergency room patient saturation levels causing off-load times for two (2) or more ambulance crews in excess of 30 minutes to overlap. All Contractor non- compliant calls that were dispatched during a Hospital Delay Period shall be automatically exempted. iii. No Other Exemptions. No other causes of late response within Contractor’s reasonable control (i.e. equipment failure, at-fault vehicular accident) shall serve to justify Exemption from Response Time Standards or late-run penalties unless specifically authorized by the Contract Administrator. C. Method of Measurement. For purposes of determining Contractor’s compliance with Response Time Standards, the following shall apply: i. Requests not resulting in patient contact, unless it can be established that the reason for the lack of patient contact was due to Contractor’s long response time (e.g. call was cancelled after the expiration of the applicable response time standard), shall not be counted. ii. Time-On-Scene shall be the time Contractor notifies dispatch Center that it has arrived at the incident location. Response to locations lacking access by way of a street or road maintained for public or private use shall be measured as the interval between Time-Call-Dispatched and the time the responding crew advises the Contractor’s Dispatch Center they are leaving the maintained street or road to access the patient (e.g. staging area). Arrival “at scene” shall be the time the ambulance arrives at the designated staging location or when QRV arrives at the designated location when patient transport is not required. iii. In cases where multiple ambulances are dispatched to a single incident, the Contractor’s first arriving responder shall “stop the clock” and response times of later-arriving ambulances shall be excluded for response time statistics and late-run penalties. D. Incorrect Information. In the event a calling party gives the Contractor’s Dispatch Center an incorrect address, the stated address is repeated back to the calling party by the dispatcher, and the stated address is confirmed by the caller as the correct address, response time shall be measured from the time the Contractor’s Dispatch Center receives or otherwise discovers the correct address until the Contractor’s ambulance arrives at the scene. E. Late Run Liquidated Damages. Within ninety (90) days of the final response report for each quarter, Contractor shall pay a penalty of One Thousand Dollars ($1000) for each response Time Proposed Augusta, EMS Contract 01704214-1 Page | 13 Standard average that it fails to meet in a given quarter. 2.14 QUARTERLY CONTRACT COMPLIANCE. The EMSAB shall meet quarterly to receive information regarding Contractor’s contract compliance and to discuss any issues arising under the contract and review reports submitted. The Chairperson of the EMSAB shall be the Contract Administrator. The contractor agrees to provide Augusta, Georgia and its municipal partners the ability to enhance their level of service. The enhancement may take the form of dedicated units for an area to be agreed upon by the entity or entities funding the enhancement. 2.15 OTHER PROVIDERS OF 9-1-1 EMERGENCY AMBULANCE SERVICES. With the exception of the provision for backup services or for Emergency Medical Responders or the termination of the Contract as provided for herein or as required by action of the Department, Augusta, Georgia shall not enter into any Contract with any other contractor for ground response to 9-1-1 requests for Ambulance responses and Emergency Medical Services within the Service Area during the term of the Contract and any renewal thereof. Nothing herein shall be construed as prohibiting other contractors from providing Non-emergency Ambulance Services within the Service Area. 2.16 EMERGENCY REQUESTS TAKE PRIORITY. Whenever 9-1-1 requests for Ambulances are of such a volume that there are not sufficient Ambulances or personnel to meet the needs of Non-Emergency responses, Contractor shall place a priority on fulfilling Emergency requests. Contractor shall notify the individual or organization requesting such Non emergency service, explain the reason for the temporary delay and furnish a realistic estimate of when service will be available. Contractor shall make every reasonable effort to reduce and eliminate delays for Non emergency services. 2.17 QUARTERLY EQUIPMENT REPORT. Within thirty (30) business days after the end of each year’s quarter, Contractor shall provide Augusta, Georgia with a list of Vehicle Identification Numbers and corresponding mileage on each front line Ambulance and back-up Ambulance used in the performance of Contractor’s duties under this Contract. 2.18 RIGHT OF INSPECTION. The Contract Administrator may, by providing prior written notice, inspect facilities and equipment being used to operate the EMS System, provided such inspection right shall be just and reasonable and related to Contractor’s duties under this Contract, and further provided that such inspection right shall not interfere with the performance of Contractor’s duties under this Contract. ARTICLE III PAYMENTS AND FEES 3.1 COMPENSATION. As compensation for services rendered under this Contract, Contractor shall receive the following: a. Subsidy as provided in Section 3.2 hereof; and b. Patient Charges as provided in Section 3.3. hereof; and c. A one-time flat fee of $ 250,000 for implementing the QRV service set forth in Section 2.3(e), payable within 30 days of the Effective Date. 3.2 SUBSIDY. Augusta, Georgia may pay Contractor an annual Subsidy in the amount of ($) for each year of this Contract. The subsidy amount may be made in equal monthly increments, being due on the first day of each calendar month, but not past due until the 15th day of the calendar Proposed Augusta, EMS Contract 01704214-1 Page | 14 month. Any partial years hereunder shall be prorated. 3.3 PATIENT CHARGES. Contractor may charge Patients who use its Emergency Medical Services fees not in excess of those described on Exhibit “B” attached hereto, subject to increases as provided for in Section 3.5 hereof. Augusta, Georgia shall have no liability for the payment of any unpaid Patient Charges. Augusta, Georgia shall have no liability for the payment of unpaid Patient Charges. 3.4 USER FEES. All retail patients, including beneficiaries of Medicare and Medicaid, patients covered by insurance and patients who have no insurance benefits will be charged equal amounts for equivalent services, subject to contractual allowances. Should Contractor institute a subscription program, all members will be “charged” at the retail rate, regardless of the amounts collected or collectable. Fees collected from managed care organizations utilizing an at-risk or capitated fee structure shall not be considered when calculating the Average Patient Charge (APC). 3.5 COMPENSATION ADJUSTMENT. Contractor may request, to the Augusta, Georgia Commission, an increase of Patient Charges under this Contract from time to time as determined. In the event this determination is foreseeable, the Contract Administrator must be notified in writing as soon as practically possible. Contractor may not increase Patient Charges no more than 5% in any year as compared to the prior year during the term of this Contract without written, prior, consent from the Augusta, Georgia Commission. 3.6 PERFORMANCE ADJUSTMENT. Beginning on the ninetieth (90th) day following the Effective Date, if Contractor fails to staff one of the required vehicles under this Contract more than four times per month then there shall be a $1,500 penalty for each occurrence. For purposes of this Contract, a vehicle is considered to be “not staffed” if it is out of service for more than 6 hours in a 24-hour period. ARTICLE IV REPRESENTATIONS AND WARRANTIES As an inducement to Augusta, Georgia to enter into this Contract, Contractor represents and warrants to Augusta, Georgia as follows: 4.1 ORGANIZATION AND FORMATION. Contractor is duly organized corporation in good standing under the laws of the State of Georgia and is authorized to do business in the Service Area. 4.2 CAPACITY. Contractor has full power, authority and legal right to execute and deliver this Contract and to perform its duties hereunder, including delivery of the services contemplated hereby. 4.3 AUTHORITY AND ENFORCEABILITY. The execution, delivery and performance by Contractor of this Contract have been duly authorized by all necessary corporate action and do not and will not require any registration with consent or approval of, notice to, or any action by, any other person or entity. The provisions of this Contract constitute legal, valid and binding obligations of Contractor. 4.4 COMPLIANCE WITH OTHER INSTRUMENTS. The execution and delivery of this Contract and compliance with its terms, will not result in a breach of any of the terms or conditions of, nor constitute a default (with due notice or lapse of time or both) under any indenture, Proposed Augusta, EMS Contract 01704214-1 Page | 15 Contract, order, judgment or instrument under which Contractor is a party or by which Contractor or its property may be bound or affected; nor result in an occurrence of an event for which any holder or holders of indebtedness may declare the same due and payable, nor violate any provision of applicable law. 4.5 DISCLOSURE. To the best of Contractor’s knowledge, nothing in this Contract contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained herein not materially misleading. For purposes of this Contract, the term knowledge shall mean actual knowledge without independent investigation. As an inducement to Contractor to enter into this Contract, Augusta, Georgia represents and warrants to Contractor as follows: 4.6 ORGANIZATION. Augusta, Georgia is a body politic and corporate, and a political subdivision of the State having all the governmental and corporate powers, duties, and functions held by and vested in the City of Augusta and Richmond County, Georgia. 4.7 CAPACITY. Augusta, Georgia has full power, authority and legal right to execute and deliver this Contract and to perform its duties hereunder, including delivery of the payments contemplated hereby. 4.8 AUTHORITY AND ENFORCEABILITY. The execution, delivery and performance by Augusta, Georgia of this Contract have been duly authorized by all necessary action and do not and will not require any registration with, consent or approval of, notice to, or any action by, any other person or entity. The provisions of this Contract constitute legal, valid and binding obligations of Augusta, Georgia. 4.9 COMPLIANCE WITH OTHER INSTRUMENTS. The execution and delivery of this Contract and compliance with its terms, will not result in a breach of any of the terms or conditions of, nor constitute a default (with due notice or lapse of time or both) under any indenture, Contract, order, judgment or instrument under which Augusta, Georgia is a party or by which Augusta, Georgia or its property may be bound or affected; nor result in an occurrence of an event for which any holder or holders of indebtedness may declare the same due and payable, nor violate any provision of applicable law. 4.10 DISCLOSURE. To the best of Augusta, Georgia’s knowledge, nothing in this Contract contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained herein not materially misleading. For purposes of this Contract, the term knowledge shall mean actual knowledge without independent investigation. ARTICLE V ADDITIONAL COVENANTS During the term of this Contract, Contractor shall comply with each and every one of the following covenants. 5.1 COLLECTION OF PATIENT CHARGES. Contractor shall use its reasonable best efforts to collect Patient Charges by utilizing all reasonable means allowed by law; provided, however, that Contractor shall not be required to pursue collections in those instances where it is not economically reasonable to do so. 5.2 NOTICE OF DEFAULT. Upon its discovery of the occurrence of any default (or the existence of any fact or circumstance which can be reasonably expected to result in a default), or Proposed Augusta, EMS Contract 01704214-1 Page | 16 other noncompliance with any provision, term or condition of this Contract, the party alleging the default shall immediately give written notice detailing the default. 5.3 INSURANCE REQUIREMENTS. Contractor shall furnish Augusta, Georgia proof of coverage for the insurance requirements stipulated below, provided that Contractor may meet all or part of such requirements through self-insurance, to the extent permitted by law, upon proof of the same to Augusta, Georgia. All policies shall be written on an occurrence basis. No vehicle shall be operated by Contractor unless there is coverage in effect as provided for by the following: a. General liability in an amount not less than one million dollars ($1,000,000) per occurrence limit, two million dollars ($2,000,000) for the General Aggregate Limit (other than Products/Completed Operations), and one million ($1,000,000) limit for products/completed operations per occurrence/aggregate. b. Vehicle liability insurance with a combined limit of liability, per accident, of one million dollars ($1,000,000) coverage for Non-Owned and Hired liability, on all covered vehicles. c. Professional liability insurance in an amount of not less than one million ($1,000,000) for the per occurrence limit and two million dollars ($2,000,000) for the general aggregate limit. d. Excess liability limits of one million dollars ($1,000,000) general aggregate over the underlying limits outlined above. e. Workers’ compensation and employer’s liability insurance as required by and in conformance with the laws of the state of Georgia. 5.4 COMPLIANCE WITH ABUSE REGULATIONS. Contractor shall comply with the Department’s regulations concerning the prompt reporting of any suspected abuse of a child or elderly person. 5.5 PERMITS. Contractor holds a State ambulance License and all State and local vehicle permits necessary to provide EMS hereunder. Contractor shall be responsible for verifying that the State and local certifications and Licenses of its EMS personnel are in order and current at all times. 5.6 COMPLIANCE WITH REGULATIONS. Contractor shall materially comply with the Act, all current and future rules and regulations promulgated by the Department, and any other statute, rule or regulation governing the operation of the EMS System. 5.7 RELIANCE ON REPRESENTATIONS, WARRANTIES AND COVENANTS. Each and every representation, warranty and covenant contained herein, and all such representations, warranties and covenants in the aggregate, have been and will continue to be relied upon by Augusta, Georgia and are material to its decision to enter into and perform its obligations under this Contract. 5.8 ANNUAL FINANCIAL AUDIT REQUIRED. Contractor shall provide the City with annual audited financial statements prepared by an independent public accounting firm in accordance with generally accepted accounting procedures consistently applied. Statements shall be available within one hundred twenty (120) days of the close of each fiscal year. If Contractor’s financial statements are prepared on a consolidated basis, then separate balance sheets and income statements for service rendered to the City pursuant to the contract are required and shall be subject to the independent auditor’s opinion. The financial statement shall include quarterly reports of monthly and year to date payer mix, cash income, accounts receivables status which shows actual collections verses write off of bad debt, discounts and reductions of fees. 5.9 RECOVERY FOR OVER-BILLING. If, as a result of such an audit, it is determined that Proposed Augusta, EMS Contract 01704214-1 Page | 17 Contractor or any of its Subcontractors has overcharged the City in the audited period, the City will notify Contractor. Contractor must then promptly reimburse the City for any amounts the City has paid Contractor due to the overcharges and, depending on the facts, also some or all of the cost of the audit, as follows: a. If the audit has revealed overcharges to the City representing less than 5% of the total value, based on the contract prices, of the goods, work, or services provided in the audited period, then the Contractor must reimburse the City for 50% of the cost of the audit and 50% of the cost of each subsequent audit that the City conducts; b. If, however, the audit has revealed overcharges to the City representing 5% or more of the total value, based on the contract prices, of the goods, work, or services provided in the audited period, then Contractor must reimburse the City for the full cost of the audit and of each subsequent audit. c. Failure of Contractor to reimburse the City in accordance with the foregoing is an event of default under this Contract, and Contractor will be liable for all of the City's costs of collection, including any court costs and attorneys' fees. 5.10 EMPLOYEE REPORTING. Contractor shall furnish to all employees approved “Incident Report Forms” and shall require employees to utilize such forms; and Contractor shall furnish its employees with approved “Equipment Failure Report Forms” and shall utilize such forms in conjunction with its equipment maintenance program. 5.11 PERFORMANCE BOND. Contractor will be required to furnish performance security bond in the amount of one-quarter twenty-five percent (25%) of the annual subsidy for each year of the contract, including each renewal term. The guaranty of performance may be in the form of a cashier’s check, certified check made payable to Augusta, Georgia, performance bond, irrevocable letter of credit issued by a bank or savings & loan association, or other forms of performance security acceptable to Augusta, Georgia that are substantially equivalent to a performance bond in the amount of twenty-five percent (25%) one-quarter of the annual subsidy for each year of the contract, including each renewal term. The security bond will be provided to Augusta, Georgia within thirty (30) days of the execution of this contract. Failure to meet the criteria to be used for the requirements of bond or other form of security is a Default. ARTICLE VI TERMINATION 6.1 AUGUSTA, GEORGIA’S TERMINATION RIGHT. a. During the term of this Contract, as required by O.C.G.A. § 36-60-13, Augusta, Georgia shall have the right to terminate this Contract as set forth herein in Section 2.1. b. Augusta, Georgia may, for its own convenience and at its sole option, elect to terminate the Contract by delivering to Contractor, at the address listed in the Notices article of this Contract, a written notice of termination specifying the effective date of termination. Such notice shall be delivered to Contractor at least one hundred twenty (120) days prior to the effective date of termination. Anytime after the twelfth (12th) month following the Effective Date, Contractor may terminate this Contract for its own convenience and at its sole option by delivering to Augusta, Georgia, at the address listed in the Notices article of this Contract, a written notice of termination specifying the effective date of termination. Such notice shall be delivered to Augusta, Georgia at least one hundred twenty (120) days prior to the effective date of termination. 6.2 DEFAULTS. The following events shall constitute “Events of Default” under this Contract: a. If a receiver is appointed to take possession of all of substantially of the assets of Contractor, Proposed Augusta, EMS Contract 01704214-1 Page | 18 or Contractor makes an assignment for the benefit of creditors or files for bankruptcy or fails to have dismissed within 30 days a petition for involuntary bankruptcy. b. If there is an attachment, lien, levy, encumbrance, execution or other judicial seizure of all or substantially all of Contractor’s assets (or any other right or interest of Contractor in property) used to carry out its obligations under this Contract, if such attachment, lien, levy, encumbrance, execution or other seizure remains un-dismissed, undischarged, or not released for a period of thirty (30) days after the attachment, lien, levy, encumbrance, execution or other seizure thereof. c. If either party shall breach any other term, condition or covenant of this Contract and such breach shall not be cured after written notice and a twenty (20) day right to cure unless a longer or shorter cure period is elsewhere provided herein; provided, however, that if the default cannot be cured within said twenty (20) day period and diligently pursues the cure to completion, then the default shall be deemed timely cured, but in no event shall the time to cure a default exceed sixty (60) days. d. If Augusta, Georgia fails to make any payments due from it to Contractor under the terms of this Contract after written notice and a ten day right to cure. e. If Contractor is not the designated 911 provider for the Richmond County EMS Zone. 6.3 REMEDIES UPON DEFAULT. Upon the occurrence of Event of Default by Contractor or by Augusta, Georgia that is not timely cured, the non-defaulting party may immediately terminate this Contract by giving written notice of termination which shall specify the effective date of the termination. 6.4 PAYMENT IN THE EVENT OF DEFAULT. In case of termination of this Contract before completion of the work, Contractor will be paid only for the work performed through the effective date of termination as determined by Augusta, Georgia. 6.5 DAMAGE LIMITATION. Neither party shall be entitled to recover punitive damages from the other party to this Contract for any reason whatsoever, except if otherwise provided herein. ARTICLE VII MISCELLANEOUS PROVISIONS 7.1 INDEPENDENT CONTRACTOR. Contractor shall perform this Contract as an independent contractor, and nothing herein contained shall be construed to be inconsistent with that relationship or status. Nothing in this Contract shall in any way be construed to appoint or constitute Contractor as the agent, employee or representative of Augusta, Georgia. The manner and method of completing the work undertaken by Contractor shall be determined in its sole discretion. 7.2 GOVERNING LAW. This Contract shall be subject to and governed according to the laws of the State of Georgia. 7.3 REMEDIES NOT WAIVED. Contractor agrees that the work specified shall be completed without further compensation except as provided in this Contract. Payment shall not be a waiver by Augusta, Georgia of any claims for breach or default. 7.4 BINDING EFFECT. This Contract shall be binding upon and shall inure to the benefit of the parties hereto, their respective successors, assigns or other legal representatives. 7.5 ASSIGNMENT. No right or obligation hereunder may in any way whatsoever be assigned or Proposed Augusta, EMS Contract 01704214-1 Page | 19 delegated to a third party without the express prior written consent of the other party hereto, such consent not to be unreasonably withheld, and any attempted assignment without such consent shall be considered null and void. Notwithstanding the foregoing, Contractor may assign this Contract by reason of an Acquisition or Asset Transfer. For purposes of this Contract: “Acquisition” means (i) any consolidation or merger of Contractor with or into any other limited liability company, corporation, partnership, or other entity, or any other reorganization, other than any such consolidation, merger, or reorganization in which the interests of Contractor immediately prior to such consolidation, merger, or reorganization continue to represent a majority of the economic interests and voting power of the surviving entity (or, if the surviving entity is a wholly owned subsidiary, its parent) immediately after such consolidation, merger, or reorganization; or (ii) any transaction or series of related transactions in which in excess of 50% of Contractor’s economic interests or voting power is transferred; and “Asset Transfer” means a sale, lease, exclusive license, or other disposition of all or substantially all of the assets of Contractor. Contractor shall provide written notice within 120 days of the closing of any such Acquisition or Asset Transfer and this Contract shall be deemed assigned effective as of the date such notice is delivered to the Contract Administrator. 7.6 VENUE. All claims, disputes and other matters in question between the Contractor and Augusta, Georgia arising out of or relating to the Contract, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The Contractor, by executing this Contract, specifically consents to jurisdiction and venue in Richmond County and waives any right to contest the jurisdiction and venue in the Superior Court of Richmond County, Georgia. 7.7 SEVERABILITY. If any portion or portions of this Contract shall be for any reason invalid or unenforceable, the remaining portion(s) shall be valid and enforceable and carried into effect unless to do so would clearly violated the present legal and valid intention of the parties hereto. Proposed Augusta, EMS Contract 01704214-1 Page | 20 7.8 NOTICES. Any notice required or permitted to be given pursuant to any provisions of this Contract shall be given in writing, and either delivered in person, deposited in the United States mail, postage pre-paid, registered or certified mail, return receipt requested, properly addressed, or by a nationally recognized overnight courier service, to the following addresses: Augusta, Georgia Attention: Contract Administrator 3117 Deans Bridge Road Augusta, Georgia 30906 Fax Number (706) 821-2907 And Attention: General Counsel 535 Telfair Street, Building 3000 Augusta, GA 30901 Fax Number (706) 821-5556 And Attention: Office of the Administrator 535 Telfair Street, Suite 910 Augusta, GA 30901 Fax Number (706) 821-2819 Gold Cross EMS, Inc. Attention: Chief Executive Officer P.O. Box 14848 Augusta, Georgia 30919 Fax Number (706) 396-2100 Proposed Augusta, EMS Contract 01704214-1 Page | 21 The notification addresses listed above can be changed by either party with written notice to the other party. 7.9 ENTIRE CONTRACT / OTHER CONTRACTS. This Contract constitutes the entire Contract and understanding between the parties with respect to the subject matter hereof and supersedes any previous Contract or understanding, whether oral or otherwise. No modification of this Contract shall be valid unless in writing and signed by each of the parties hereto. This Contract shall not supersede or affect other Contracts between the Augusta, Georgia and Contractor for compensation to Contractor for services other than responding to 9-1-1 Calls, except as specifically provided in such Contracts. 7.10 MODIFICATIONS AND WAIVERS. Neither this Contract nor any term hereof may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against whom the enforcement of the change, waiver, discharge or termination is sought. 7.11 CAPTIONS. Captions to the Articles and Sections of this Contract are for convenience of reference only and in no way define, limit, describe or affect the scope or intent of any part of this Contract. 7.12 LIMITATION ON LIABILITY. Except for the liquidated damages set forth herein, neither party shall be liable for any special, incidental, consequential, indirect or exemplary losses or damages pertaining in any way to the provision of services under this Contract. 7.13 FORCE MAJEURE. Neither party shall be responsible for any loss or damage resulting from any delay or failure in performing any provision of this Contract if the delay or failure resulted from: a. Compliance with any law, rule, ruling, order, regulation, requirement or instruction of any government or any department or agency thereof, b. Acts of God, pandemic or epidemic, and c. Third party acts which interfere with Contractor’s ability to perform hereunder. Neither Party will be liable for delays in performing its obligations under this Contract to the extent that the delay is caused by Force Majeure; provided, however, that within thirty (30) business days of the Force Majeure event, the Party whose performance is delayed provides the other Party with written notice explaining the cause and extent thereof, as well as a request for a reasonable time extension equal to the estimated duration of the Force Majeure event. Force Majeure events shall include, but shall not be limited to; fire, riot, strike, lockout, war, civil commotion, accident, breakdown of plant or machinery, flood, labor unrest, acts of God, declared epidemics/pandemics (excluding COVID-19), omissions or acts of public authorities, changes in law, regulations or policies of the Government. Any delay resulting from any of such causes shall extend performance accordingly or excuse performance in whole or in part, as may be necessary. 7.14 COUNTERPARTS. This Contract may be executed in several counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. 7.15 EXECUTION BY EMAIL, DELIVERY OF ORIGINAL SIGNED CONTRACT. This Contract may be executed by signing and emailing scanned signature pages via pdf, in Proposed Augusta, EMS Contract 01704214-1 Page | 22 counterpart. Each party to this Contract agrees to deliver two original, inked and signed Contracts within two days of faxing the executed last page hereof. 7.16 NO ESTIMATED BUSINESS VOLUME. Augusta, Georgia makes no representations concerning the number of Emergency and Non-Emergency calls or transports, quantities or length of long distance transfer service, or frequency of special event coverage, which will be associated with this Contract. 7.17 INDEMNIFICATION BY CONTRACTOR. To the extent allowable by law, Contractor hereby agrees to defend, indemnify and hold harmless Augusta, Georgia, its Commissioners, officers, employees, and agents from and against any and all losses (including death), third party claims, damages, liabilities, costs and expenses (including but not limited to all actions, proceedings or investigations in respect thereof and any costs of judgments, settlements, court costs, attorney’s fees or expenses, regardless of the outcome of any such action, proceeding, or investigation), cause by, relating to, based upon or arising out of any act or omission constituting gross negligence or intentional misconduct by Contractor, its directors, officers, employees, subcontractors, successors, assigns or agents. 7.18 NO CONFLICT. Contractor represents and warrants that it presently has no interest, direct or indirect, and covenants and agrees that it will not, during the term of this Contract, acquire any interest, direct or indirect that would conflict in any manner or degree with the performance of its duties and obligations hereunder. Contractor further covenants and agrees for itself, its agents, employees, directors and officers to comply in all material respects with the provisions of the Official Code of Georgia (O.C.G.A. §§45-10-20 et. seq.) and the provisions of the Augusta, Georgia Code of Ethics governing conflicts of interest of persons doing business with Augusta, Georgia as such provisions now exist and may be amended hereafter. 7.19 PROHIBITED INTERESTS. No official, officer or employee of Augusta, Georgia who is authorized in such capacity and on behalf of Augusta, Georgia to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any public safety contract, or any subcontract in connection therewith, shall become directly or indirectly interested personally in this Contract or in any part hereof. 7.20 COMPLIANCE WITH APPLICABLE LAWS. The Contractor’s attention is directed to the fact that all applicable federal, state, and county laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the work shall apply to the Contract throughout, and they will be deemed to be included in the Contract the same as though herein written out in full. The Contractor shall keep itself and its employees fully informed of all laws, ordinances, and regulations in any manner affecting those engaged or employed in the Work or the materials used in the Work or in any way affecting the conduct of the Work and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If Contractor discovers any discrepancy or inconsistency in this Contract in relation to any such law, regulation, ordinance, order, or decree, Contractor shall promptly report the same, in writing, to Augusta. Contractor shall at all times observe and comply with all such laws, ordinances, and regulations, and shall protect and indemnify Augusta and its agents against any all damages and claims arising out of any violation of such law, ordinance, regulation, order, or decree, whether by Contractor or its employees. 7.21 GEORGIA OPEN RECORDS ACT. Contractor acknowledges that certain information provided in this Contract is subject to the Georgia Open Records Act, O.C.G.A. § 50-18-70 et seq provided however Contractor shall not be generally subject to such open records laws by virtue of Proposed Augusta, EMS Contract 01704214-1 Page | 23 entering into this Contract and the parties acknowledge that Contractor is a privately owned business. 7.22 JUDICIAL INTERPRETATION. The law of the State of Georgia shall govern the construction of this Contract. Should any provision of this Contract require judicial interpretation, it is agreed that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent prepared same, it being agreed that the agents of all parties have participated in the preparation hereof and all parties have had an adequate opportunity to consult with legal counsel. In interpreting this Contract in its entirety, the printed provisions of this Contract and any additions written or typed hereon shall be given equal weight, and there shall be no inference, by operation of law or otherwise, that any provision of this Contract shall be construed against either party hereto. 7.23 LOCAL SMALL BUSINESS. 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. 7.24 MODIFICATION. 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 and approval by the Augusta, Georgia Commission. Under Georgia law, Contractor is deemed to possess knowledge concerning Augusta, Georgia's ability to assume contractual obligations and the consequences of Contractor's provision of goods or services to Augusta, Georgia under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that the Contractor may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Contractor agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if the Contractor provides goods or services to Augusta, Georgia in excess of the any contractually authorized goods or services, as required by Augusta, Georgia's Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods or services provided by Contractor. Contractor assumes all risk of non-payment for the provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized, including, without limitation, all remedies at law or equity. No change, amendment, or modification of the Contract or any part thereof, is valid unless stipulated in writing and signed by the Contractor, City and approved by the Augusta Commission, unless specifically allowed for by the Contract. Proposed Augusta, EMS Contract 01704214-1 Page | 24 [Signature Page Follows] IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed in three counterparts, each to be considered as an original by their authorized representative, this day of , 2022. CONTRACTOR By: VINCE BROGDON Chief Executive Officer Gold Cross EMS, Inc. AUGUSTA, GEORGIA By: Name: Title: ATTEST: By: STEVEN VINCENT Vice President Gold Cross EMS, Inc. ATTEST: By: Name: Title: Proposed Augusta, EMS Contract 01704214-1 Page | 25 EXHIBIT A Proposed Augusta, EMS Contract 01704214-1 Page | 26 EXHIBIT B PATIENT TRANSPORT CHARGES For each call or request in which the Contractor dispatches an Ambulance that results in a Patient transport by the Contractor, the following schedule of charges shall apply: • All patients with TRICARE, MEDICAID, MEDICARE and any other government sponsored health coverage, and those who are self-insured or have no insurance of any type shall be charged at the rate of $1,150 base charge and $16.50 per mile (no change from current MOU). • All patients with have private health, automobile or other private insurance coverages shall be charged market rates set by the fairhealthconsumer.org using Atlanta and Columbus as comparison. The current market rates are $1,750 base charge and $28 per mile. If the insurance denies, patients will be billed at the $1,150 base charge and $16.50 per mile. • Contractor may charge a fee for treatment with no transport in the amount of Two Hundred Dollars ($200.00). The Augusta, Georgia Commission shall set the billing rates for ambulance services, as amended from time to time and conduct an annual review of the billing rates based on market conditions provided that the rates will not decrease below the billing rates set forth above without the approval of both parties herein. Administrative Services Committee Meeting 8/30/2022 1:10 PM Gold Cross Draft Contract Presentation Department:Office of the Administrator Presenter:Interim Administrator Douse Caption:Presentation of the Gold Cross Draft Contract. Background:As, directed, the Administrator and associated staff worked with Gold Cross to draft the presented contract for consideration by the Augusta Commission. Analysis:Financial terms are reserved for the Commission and have been left blank for this purpose. Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Lead Hazard Control and Healthy Homes Grant Budget Explanation Grid (Funding Source-United States Department of Housing and Urban Development) 1 Project Name Lead Hazard Control Grant Budget Grant Description For the use of, but not limited to, conducting targeted outreach, affirmative marketing, education, or outreach programs on lead hazard control and lead poisoning prevention that will result in increased lead hazard control activities or that are designed to increase the ability of the program to deliver lead hazard control services, including educating owner-occupied owners of rental properties and tenants. Description Administration, Planning and Management Strategy Total Lead Portion $3,560,000.00 Project Description Lead testing and affordable projects including rehabilitation services (owner and rental) Target Area Citywide Estimated number of benefiting families Approximately 75 households at or below 80% AMI will be provided housing rehabilitation and lead testing services in Augusta-Richmond County. Grant Match ➢ 10% ($356,000.00) • HCD staff salaries and wages ✓ Director Welcher, Deputy Director and other staff • Partner Organization ✓ Medical Associates Plus ❖ 2 staffers salary and fringe for mobile testing services ➢ HUD Mandate-Application, Assurances, Certifications, and Disclosures forms (SF 424's) total estimated budget includes the applicant match (as seen on pg. 3 of the Application for Federal Assistance SF 424 form). HCD's total funding request does not include the match. 2 Project Name Healthy Homes Supplement Grant Budget Grant Description Exclusive use for direct costs associated with the identification and remediation of the housing-related health and safety hazards identified in each individual eligible unit. Healthy Homes Supplemental funding include costs for completing an assessment to identify housing hazards that affect health, development of scopes of work of the identified hazards, and conducting remediation of identified and documented health and safety hazards that are individualized for each of the housing units selected to receive this funding where lead hazard control activities are being completed. Total Healthy Homes Portion $400,000 (No match requirement) Description Affordable projects including rehabilitation services (owner and rental) Target Area Citywide Estimated number of benefiting families Up to approximately 75 households at or below 80% AMI will be provided housing rehabilitation services in Augusta-Richmond County. Total Funding Request ➢ $3,960,000 (Lead Hazard Control Grant Budget & Healthy Homes Supplement Grant Budget / (w/out applicant match) Housing and Community Development 510 Fenwick Street - Augusta, GA 30901 (706) 821-1797 – Fax (706) 821-1784 www.augustaga.gov Housing and Community Development Department Hawthorne E. Welcher, Jr. Director Shauntia Lewis Deputy Director Administrative Services Committee Meeting 8/30/2022 1:10 PM HCD_ HUD’s Lead Hazard Reduction Program Grant Application Update Department:Housing and Community Development Department Presenter:Hawthorne Welcher, Jr. and/or HCD Staff Caption:Motion to receive as information grant application from HUD Lead Hazard Reduction Program Grant Application. Background:On August 2, 2022, the Augusta, GA Commission approved HCDs request to submit a HUD Lead Hazard Reduction Program Grant Application and giving authority for the Mayor to sign the necessary Standard Forms (SF424, SF424D, & other). Thus, after conversation, (August 3, 2022) with a HUD representative, it was suggested and encouraged that for a more favorable consideration, HCD apply for an amount less than $4M. As a fact, our initial documents submitted to Mayor Davis (for signature) were for $6,627,232, however after an internal huddle, we revised the necessary documents to read $3,960,000, before time of submission. Current to date, said application has been successfully submitted as we can expect to hear approval/denial on or before the end of first quarter 2023. Approximately three-quarters of the nation’s housing stock that was built before 1978 (approximately 64 million dwellings) contains some lead- based paint. When properly maintained and managed, this paint poses little risk. However, 1.7 million children have blood lead levels above safe limits, mostly due to exposure to lead-based paint hazards. Augusta Georgia has three of the top 20 state ZIP Codes with high rates of kids with lead problems. Each ZIP Code in 2019 had at least 12 percent of children tested having blood lead levels at 3.5 micrograms per deciliter or higher, state data shows. The program's purpose is to maximize the number of children under the age of six protected from lead poisoning by assisting grantees undertake comprehensive programs to identify and control lead-based paint hazards in eligible privately-owned rental or owner-occupied housing populations. In addition, there is Healthy Homes Supplemental funding available that is intended to enhance the lead-based paint hazard control activities by comprehensively identifying and addressing other housing hazards that Analysis:If awarded, HCD will be capable of providing services to families that reside in the Augusta, Georgia -Richmond County area, who may be affected by lead-based paint hazards & other housing-related health issues; assist in the prevention of lead poisoning through education, training, and community outreach; offer technical and financial assistance while providing a safe and controlled means of lead hazard control & healthy homes remediation in residential dwelling units occupied by low-income households (annual household income cannot exceed 80% of the area median income, as determined by HUD). Financial Impact:The Lead Hazard Reduction Program Grant funding from the US Housing and Urban Development Department consists of a Grant application with no financial commitments for Augusta, Georgia at the time of application. Alternatives:Not Applicable Recommendation:Motion to Receive as Information Funds are Available in the Following Accounts: Requested Application Amount: $3,960,000 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission HH 2022 MOU 1 Memorandum of Understanding Laney Walker / Bethlehem (LW/B) Revitalization- Honnête Habitats III, LLC This Memorandum of Understanding (“MOU”) is entered into on the ______ day of __________________________, 2022 by and between the Augusta, GA’s Housing and Community Development Department (HCD) and Honnete Habitats III, LLC. (HH) HCD serves as the Augusta, GA’s manager for Laney Walker/Bethlehem (LW/B). HH. serves as a supportive services partner and as an investor/developer partner. Honnête Habitats III, LLC is a real estate development company focused on constructing speculative houses in the southeastern United States. HH engages in building appealing designs of affordable houses that will meet the needs of a wide range of clients. As part of its plans to become one of the leading builders in the United States of America, HH adopts international best practices in the industry. The mission of HH is to develop, promote, and preserve quality housing while building strong, healthy neighborhoods in urban areas and helping residents improve their lives. The above-named parties to this Memorandum of Understanding recognize the importance of facilitating developments within the LW/B neighborhoods to include increasing homeownership opportunities for low to moderate income households as a joint, coordinated effort. This MOU and the accompanying program descriptions set forth the terms and conditions under which the parties express their intent to present and execute a comprehensive approach to achieving the goals of this initiative. It is expected that a signed Development Agreement will evolve from this MOU. Part I. Structure and Purpose of Initiative This local initiative will be known as the Laney Walker / Bethlehem Revitalization Project Initiative (the "Initiative"). The greater Initiative is designed to facilitate the development of residential housing and mixed-use development located on property currently owned by the Augusta, Georgia Land Bank Authority (AGLBA). Augusta, GA has concluded that it is beneficial to act as a team for the purpose of increasing homeownership and rental housing opportunities, as well as retaining the cultural and historic context that defines the Laney Walker & Bethlehem communities. Part II. Partnership Goals The goal of the Initiative is to continue HH. as a supportive service partner and as an investor/developer partnership which will: • Foster comprehensive revitalization, in partnership, and the promotion of new, single-family housing in the LW/B communities; • Increase affordable homeownership opportunities in LW/B through approved participating lenders and use of financing assistance offered through the LW/B bonds funds, various HUD programs and HH. • Foster the use of architecturally compatible building design that captures the character and history of the LW/B communities, utilizing the LW/B Pattern Book as a basis; HH 2022 MOU 2 • Increase homeownership by providing targeted counseling and education to potential homebuyers; • Conduct outreach activities to potential renters and homebuyers in the community to inform them of housing opportunities; • Provide ongoing supportive (wraparound) services for homebuyers; and • Build a model of partnership that can be replicated in other communities. Part III. Responsibilities of the Parties The parties will have the following responsibilities: Investor/Developer Partner • HCD to work with HH. to identify up to three (3) Single Family lots • HH. to identify Affordable/Workforce house plans for each identified lot • HH. to agree upon deal structure (land infusion, construction split, down payment, etc.) • HCD and HH. to utilize private partner funds for the development on Maple Street of three (3) parcels identified as: o Parcel #1 o 50% partnership commitment: $117,240.00 o Parcel #2 o 50% partnership commitment: $114,240.00 o Parcel #3 o 50% partnership commitment: $114,240.00 Part IV. Performance Objectives The overall performance of the Initiative will be evaluated on the completion of development and implement services (as shown above), and the number of residents who are actually able to obtain housing. To date, HCD has undertaken an extensive effort to ensure the success of this revitalization. Public meetings were initially held to receive stakeholder input, and on-going meetings are being held to keep the public informed. Land acquisition activities have resulted in significant and meaningful site control. Master plans have been designed to reflect the activity to date, while guiding future endeavors. Part V. Public Relations The parties agree that initially, and throughout the term of this MOU, marketing and public announcements relative to Initiative activities be coordinated among and approved by both HCD and HH. prior to public release. Part VI. Relationship of Parties HH 2022 MOU 3 Nothing in this MOU shall be deemed to constitute or create an association, partnership or joint venture among the participating parties, or any agency or employer-employee relationship. No party is granted, nor shall it represent that it has been granted, any right or authority to assume or create any obligation or responsibility, expressed or implied, on behalf of, or in the name of another party, or bind another party in any manner. Part VII. Term; Early Termination The term of the MOU is twenty-four (24) months from the date of the execution. It is the intention of the participants to work diligently to ensure that within 90 days, all of the Initiative Development Goals shall be met. At that time, renewal of the partnership may be extended upon the agreement of both parties. The participating parties reserve the right to terminate the MOU with 90-day notice. Part VIII. Administration and Reports HCD will facilitate monitoring the Initiative and providing bi-monthly reports to the participants. Part IX. Additional Provisions HCD and HH. shall each identify a primary contact and an alternative contact. Part X. Acknowledgements As the authorized representative for my organization, I have read this MOU regarding the Initiative. I agree that it accurately describes the purpose, operational plan and roles of the Initiative participants. I understand that this document is not a contract and is not a legally binding agreement. HH 2022 MOU 4 In Witness Whereof, the parties have set their hands and seals as of the date first written above. Attest: Augusta, Georgia By:__________________________________________ Date:________________________ Hardie Davis, Jr. As Mayor By:___________________________________________ Date:________________________ Takiyah A. Douse As Interim City Administrator By:___________________________________________ Date:________________________ Hawthorne Welcher, Jr. As Director, HCD Approved as to Form by:___________________________ Date: ________________________ Augusta, GA Law Department SEAL _____________________________________ Lena Bonner As its Clerk of Commission Honnête Habitats III, LLC By:____________________________________________ Date:_____________________ Name: Brea E. Elles Title: Founder HONNETE HABITATS Real Estate Development Overview E E Prepared for: Augusta, GA Prepared by: Brea Elles, CEO E: belles@atelierhonnete.com | C: (646) 305-5404 Created: August 11th , 2022 1 PREPARED BY BREA ELLES AUGUSTA PROPOSED DEVELOPMENTHONNETE HABITATS Who we are Brea Elles, CEO Our Mission The mission of Honnete Habitats is to develop, promote and preserve quality housing while building strong, healthy neighborhoods in urban areas and helping residents improve their lives. We are excited to present our approach and operations, which continue to move our mission forward. Honnête Habitats is a real estate development company focused on constructing speculative houses in the southeastern United States. We engage in building appealing designs of affordable houses that will meet the needs of a wide range of clients. As part of our plans to become one of the leading builders in the United States of America, we adopt international best practices in the industry. Brea Elles of Honnete Habitats, a design and construction professional with 10+ years of experience, a Master of Interior Architecture and International Real Estates, and certificate in Project Management. Atelier Honnete helps homeowners with renovation project planning such as setting reasonable budget, vetting general contractors, reviewing construction estimates and offering design services. Brea is on the upcoming HGTV show, “Buy It or Build It”, creating and shaping interiors empathetic to each families’ lifestyles. 2 PREPARED BY BREA ELLES AUGUSTA PROPOSED DEVELOPMENTHONNETE HABITATS Project team The overall fitness of the consulting group is critical to the project's success, being accountable for its performance. PROJECT MANAGER HONNETE HABITATS GENERAL CONTRACTOR TO BE DETERMINED ARCHITECT HONNETE HABITATS REAL ESTATE BROKER STUART BROOKS PROJECT MANAGEMENT Honnête Habitats will be responsible for the project timeline, budget, and quality of execution. The team will oversee the design to influence the design and expedite time-critical processes. ARCHITECTURE & ENGINEERING The architect to provide architectural, engineering, and interior design services. The architecture and engineering team is responsible for a cost-effective design that captures the project's vision and goals. GENERAL CONTRATOR The GC's project fiscal responsibility will entail managing the budget, minimizing change orders, identifying savings opportunities via constructability or value engineering, and providing competitive bids. REAL ESTATE BOKER The realtor will be responsible for preselling and selling the property with the floor plans. He/she will present to Honnête Habitats potential buyers and coordinate the required due diligence for sale.. 3 PREPARED BY BREA ELLES AUGUSTA PROPOSED DEVELOPMENTHONNETE HABITATS Our approach Impactful Facades The shell, structure, building facades, windows, and doors represent 25% to 30% of total hard costs, and generally, not items that can be great value engineered to reduce costs. The strategy focuses on the economy of form and material selection to offer opportunities to balance costs and aesthetics. While tight budgets constrain affordable housing construction, it should be appealing and offer comfort and convenience to its residents while meeting all the essential requirements of safe, healthy housing. At Honnete Habitats, we focus on affordable housing's interior spatial design with various demographic needs. We aim to find a balance between the total construction cost and the design selection to yield the required return on the sale of a house. The following are some of our strategies: Efficient & Economic Interior Most projects leverage a set of standard unit plans to generate design and construction efficiencies. The ideas for spatial efficiency are rarely groundbreaking, but small changes can make more livable and efficient units when deployed across a building. Interiors are often an area of short-sighted cost-cutting: downgrading finishes and appliances do not save much money and may reduce the durability and environmental quality. 01 02 4 PREPARED BY BREA ELLES AUGUSTA PROPOSED DEVELOPMENTHONNETE HABITATS EXISTING NEIGHBORHOOD The existing neighborhood consist of many single-family houses of craftsman architecture. Most of the exterior facades are horizontal siding with brick or concrete foundation walls. The exterior colors are predominantly white paint with colorful roof and trim framed by greenery. Including new houses with a front garage will be a novel concept for the existing street elevation of the neighborhood. The garage must be recessed to remove much emphasis and place emphasis on the front entry. A transition between craftsman and modern architecture will be best suited to maintain the reference of the previous historical architecture. The exterior facades consist of horizontal siding, batten board, or shingles, providing a flare of modernity and texture. 5 PREPARED BY BREA ELLES AUGUSTA PROPOSED DEVELOPMENTHONNETE HABITATS MODEL HOUSE PROPOSED CRAFTSMAN ARCHITECTURAL STYLE 1650 Sq Ft, 3 Bedrooms, 2.5 Bathrooms, 1 Car Garage We are proposing a craftsman architectural style to preserve the historical architectural reference of the neighborhood. The interior settings will be modern with finishes and trims. The exterior materiality consists of the pairing of batten board, siding and shingles with a modern color palette framed by green landscape. 18’-0” 62 ’ -0” 6 PREPARED BY BREA ELLES AUGUSTA PROPOSED DEVELOPMENTHONNETE HABITATS Lot 1 2 3 Address 1409 Maple St 1411 Maple St 1413 Maple St Lot Size 30 x 150 31 x 150 31 x 150 House Square Footage 1650 1650 1650 Construction Type New Construction New Construction New Construction Housing Type Single Family Single Family Single Family Levels 2 2 2 Bedrooms 2/1 Flex 2/1 Flex 2/1 Flex Bathroom 2 2 2 Garage 1 1 1 Construction Timeline (Months)6 6 6 Lots/plans The project is for the development of three adjacent lots within the Twiggs St corridor. Each lot will be developed with a single-family two-story 1650 square feet house. 7 Administrative Services Committee Meeting 8/30/2022 1:10 PM HCD_ Memorandum of Understanding with Honnête Habitats III, LLC (HH) Approval Request Department:HCD Presenter:Hawthorne Welcher, Jr. and/or HCD Staff Caption:Motion to approve HCD's request for 50/50 partnership with Honnête Habitats III, LLC to develop (3) workforce housing units, (New Construction) within the Laney Walker/Bethlehem area located at 1409 Maple St., 1411 Maple St., and 1413 Maple St . Background:Honnête Habitats III, LLC is a real estate development company focused on constructing speculative houses in the southeastern United States. HH engages in building appealing designs of affordable houses that will meet the needs of a wide range of clients. As part of its plans to become one of the leading builders in the United States of America, HH adopts international best practices in the industry. The mission of HH is to develop, promote, and preserve quality housing while building strong, healthy neighborhoods in urban areas and helping residents improve their lives. Address Budget Project Type Parcel #1 $117,240 New Construction (labor/material) Parcel #2 $114,240 New Construction (labor/material) Parcel #3 $114,240 New Construction (labor/material) Analysis:HCD seeks to continue corridor development via the Twiggs Street corridor in partnership with Honnête Habitats. Financial Impact:HCD agrees to commit $345,720 total in partnership with HH. Alternatives:Deny Recommendation:Motion to approve HCD's request for 50/50 partnership with Honnête Habitats III, LLC to develop (3) workforce housing units, (New Construction) within the Laney Walker/Bethlehem area located at 1409 Maple St, 1411 Maple St, and 1413 Maple St. Funds are Available in the Following Accounts: Laney Walker/Bethlehem Project Funds: GL Code: 298-07-7343-5413150 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission HOUSING & COMMUNITY DEVELOPMENT TO: FROM: THRU: CC: DATE: RE: SUBJECT Hawthorne Welcher, Jr. Director MEMORANDUM Ms. Geri Sams, Procurement Director Ms. Shauntia Lewis, HCD, Deputy Direc or Mr. DatTell White, Procurement Deputy Director Ms. Nancy Williams, Procurement Contract Compliance June 8, 2022 HCD Recommendation of Award to Enter into Contract RFQ Item #22-188 Lead Grant Hazard Reduction Program Shauntia Lewis Deputy Director I. In compliance with Augusta, Georgia's Code, and following direction from the Augusta Procurement Department, Housing and Community Development (HCD) requests the recommendation of award for the following RFQ Item #22-188 • G &P Construction, Hauling and Environmental LLC, •Clean And Green Environmental, •GLE Associates Inc., •Blount's Complete Home Services Inc., •National Environmental Solutions Inc. HOUSING COMMUNITY DEVELOPMENT RECOMMENDATION Approve and authorize securing services in response to # RFQ Item 22-188 through Bid from G & P Construction, Hauling and Environmental LLC, Clean and Green Environmental, GLE Associates Inc., Blount's Complete Home Services Inc., National Environmental Solutions Inc. Such Lead service are to include: I.Ce1tified Lead Abatement Contractorsa.Lead Abatement Housing b.Passing Clearance 2.Certified Lead RRP Contractora.Renovation Repair for Housingb.Pass Clearance Housing and Community Development 510 Fenwick Street -Augusta, GA 30901 (706)821-1797 -Fax (706) 821-1784www.augustaga.gov Request for Qualification Request for Qualifications will be received at this office until Wednesday, April 20, 2022 @ 11:00 a.m. via ZOOM Meeting ID: 858 0093 4040; Passcode: 462521 for furnishing: RFQ Item #22-188 Lead Grant Hazard Reduction Program for Augusta, GA – Housing and Community Development RFQs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 RFQ documents may be viewed on the Augusta Georgia web site under the Procurement Department ARCbid. RFQ documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901 (706-821-2422). All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, April 1, 2022 @ 5:00 P.M. No RFQ will be accepted by fax or email, all must be received by mail or hand delivered. No RFQ may be withdrawn for a period of 90 days after bids have been opened, pending the execution of contract with the successful bidder(s). Request for qualifications (RFQ) and specifications. An RFQ shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the request for qualification including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waivable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark RFQ number on the outside of the envelope. GEORGIA E-Verify and Public Contracts: The Georgia E-Verify law requires contractors and all sub-contractors on Georgia public contract (contracts with a government agency) for the physical performance of services over $2,499 in value to enroll in E-Verify, regardless of the number of employees. They may be exempt from this requirement if they have no employees and do not plan to hire employees for the purpose of completing any part of the public contract. Certain professions are also exempt. All requests for qualification issued by a city must include the contractor affidavit as part of the requirement for their bid to be considered. Proponents are cautioned that acquisition of RFQ documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RFQ documents from unauthorized sources places the proponent at the risk of receiving incomplete or inaccurate information upon which to base their qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov GERI A. SAMS, Procurement Director Publish: Augusta Chronicle March 10, 17, 24, 31, 2022 Metro Courier March 10, 2022 Revised: 3/22/21 OFFICIAL VENDORS Attachment "B" E-Verify Number SAVE Form Original 7 Copies G & P Construction, Hauling and Environmental, LLC 317 Reynold Street Augusta, SC 30901 Yes 877166 Yes Yes Yes Clean And Green Environmental 3245 Peachtree Pkwy. Suite D-468 Suwanee, GA 30024 Yes 1817653 Yes Yes Yes GLE Associates, Inc. 1100 Spring Street NW Suite 820 Atlanta, GA 30309 Yes 267171 Yes Yes Yes Enviro Masters Inc. 2790 US-27 Carrollton, GA 30117 Blounts Complete Home Services, Inc. 2907C Tobacco Rd Hephzibah, GA 30815 Yes 209640 Yes Yes Yes National Environmental Solutions Inc. PO Box 220 Sautee, GA 30571 Yes 1367349 Yes Yes Yes RFQ Opening - RFQ Item #22-188 Lead Grant Hazard Reduction Program for Augusta, GA – Housing and Community Development Date: Wednesday, April 20, 2022 @ 11:00 a.m. Total Number Specifications Mailed Out: 23 Total Number Specifications Download (Demandstar): 4 Total Electronic Notifications (Demandstar): 123 Georgia Procurement Registry: 208 Total packages submitted: 6 Total Noncompliant: 0 No Response Submittal Page 1 of 1 Administrative Services Committee Meeting 8/30/2022 1:10 PM RFQ 22-188 - HCD Lead Grant Hazard Reduction Program Contract Approval Request Department:HCD Presenter:Hawthorne Welcher, Jr. and/or HCD Staff Caption:Motion to approve HCDs RFQ 22-188: contracts with The committee has recommended to prequalify the following vendors for the 4 lead services areas listed below: 1. Certified Lead Abate Contractors: Clean and Green Environmental and National Environmental Solutions, Inc. 2. Certified Lead RRP Contractors: G & P Construction, Clean and Green Environmental , Blounts Complete Home Services and National Environmental Solutions, Inc. 3. Certified Lead Inspector/Risk Assessor: Clean and Green Environmental , GLE Associates, and National Environmental Solutions, Inc. 4. Clearance Inspectors: Clean and Green Environmental, GLE Associates and National Environmental Solutions, Inc. to administer lead remediation for the Housing and Community Development (HCD) Lead Grant Hazard Reduction Program. This pre- qualification contract is for a three (3) year term. Background:The action is to assist with the HCD Lead Grant Hazard Reduction Program. The approved vendors will assist HCD with lead inspection, risk assessment, and the remediation of lead found in homes built pre-1978. The vendors have been pre-qualified in their areas of expertise in which they have been certified to perform the requested services. Analysis:Approval of this request will assist HCD to eradicate lead in all homes built pre-1978 in Augusta, Richmond County. RFQ 22-188 was submitted to the Augusta Procurement Department on January 7, 2022. The RFQ opening date was March 15, 2022; there were five vendors that responded with all five being compliant. The evaluation committee met on May 6, 2022, to assess the proposals and qualify the vendors in the areas that they were certified in. The committee has recommended to prequalify the following vendors for the 4 lead services areas listed below: 1. Certified Lead Abate Contractors: Clean and Green Environmental and National Environmental Solutions, Inc. 2. Certified Lead RRP Contractors: G & P Construction, Clean and Green Environmental , Blounts Complete Home Services and National Environmental Solutions, Inc. 3. Certified Lead Inspector/Risk Assessor: Clean and Green Environmental , GLE Associates, and National Environmental Solutions, Inc. 4. Clearance Inspectors: Clean and Green Environmental, GLE Associates and National Environmental Solutions, Inc. The pre-qualified vendors will be required to submit bids as pre-qualified vendors for the individual projects included in the Lead Grant Hazard Reduction Program. Financial Impact:HCD receives grant funding from the United States Housing and Urban Development for the Lead Hazard Reduction Program to eradicate lead. Grant funding will address all administrative costs concerning the Lead Hazard Reduction Grant. Alternatives:deny and require HCD to procure services through the Procurement Process so that vendors can be prequalify to perform the services awarded though the grant. Recommendation:Motion to approve HCDs RFQ 22-188: contracts with 1. G & P Construction, Hauling and Environmental LLC, 2. Clean and Green Environmental, 3. GLE Associates Inc., 4. Blount's Complete Home Services Inc., and 5. National Environmental Solutions Inc. to administer lead remediation for the Housing and Community Development (HCD) Lead Grant Hazard Reduction Program. This contract is for three (3) years. RFQ 22-188. Funds are Available in the Following Accounts: Motion to approve HCDs RFQ 22-188: contracts with 1. G & P Construction, Hauling and Environmental LLC, 2. Clean and Green Environmental, 3. GLE Associates Inc., 4. Blount's Complete Home Services Inc., and 5. National Environmental Solutions Inc. to administer lead remediation for the Housing and Community Development (HCD) Lead Grant Hazard Reduction Program. This contract is for three (3) years. RFQ 22-188. Fund source: 221073227-5211120 REVIEWED AND APPROVED BY: Procurement. Finance. Law. Administrator. Clerk of Commission 771 BROAD STREET ● SUITE 200 ● AUGUSTA ● GEORGIA 30901 ● TEL.706.722.7488 ● FAX 706.724.1029 Nicholas Dickinson, II, AIA, NCARB, CEO Erin M. Armstrong, AIA, NCARB, LEED AP, Partner • • • • • • • 771 BROAD STREET ● SUITE 200 ● AUGUSTA ● GEORGIA 30901 ● TEL.706.722.7488 ● FAX 706.724.1029 • • • Request for Qualifications Request for Qualifications will be received at this office until Tuesday, May 10, 2022 @ 3:00 p.m. via ZOOM Meeting ID: 897 4778 4682; Passcode: 422766 for furnishing: RFQ Item #22-213 Design Services for Fleet Management New Facilities for Augusta, GA – Central Services Department RFQs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 RFQ documents may be viewed on the Augusta Georgia web site under the Procurement Department ARCbid. RFQ documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901 (706-821-2422). Pre-Qualification Conference will be held on Monday, April 18, 2022 @ 2:00 p.m. via Zoom – Meeting ID: 830 8850 5741 Passcode: 468828 All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Tuesday, April 19, 2022 @ 5:00 P.M. No RFQ will be accepted by fax or email, all must be received by mail or hand delivered. No RFQ may be withdrawn for a period of 90 days after RFQ have been opened, pending the execution of contract with the successful bidder(s). Request for qualifications (RFQ) and specifications. An RFQ shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the request for qualification including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waivable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark RFQ number on the outside of the envelope. GEORGIA E-Verify and Public Contracts: The Georgia E-Verify law requires contractors and all sub-contractors on Georgia public contract (contracts with a government agency) for the physical performance of services over $2,499 in value to enroll in E-Verify, regardless of the number of employees. They may be exempt from this requirement if they have no employees and do not plan to hire employees for the purpose of completing any part of the public contract. Certain professions are also exempt. All requests for qualification issued by a city must include the contractor affidavit as part of the requirement for their bid to be considered. Respondents are cautioned that acquisition of RFQ documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RFQ documents from unauthorized sources places the proponent at the risk of receiving incomplete or inaccurate information upon which to base their qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov GERI A. SAMS, Procurement Director Publish: Augusta Chronicle March 24, 31, 2022 and April 7, 14, 2022 Metro Courier March 24, 2022 Revised: 3/22/21 Meeting ID Topic Start Time 83088505741 Pre-Qualification Conference: #22-213 New Facilities for Augusta Fleet Management - Central Service Department 4/18/2022 13:15 Name (Original Name)User Email Total Minutes Shill@augustaga.gov shill@augustaga.gov 72 Darrell White 73 Danielle Debien 64 Ashkea White 42 Virgo Gambill Architects 39 Martin Ford 37 Dinah Dempsey 44 JGC JMA 35 millardr 36 Rick Acree 35 Amy Christian 32 Lisa Pinyan 32 Dr. Yolanda Jackson (Yolanda Jackson)p.johnson@augustaga.gov30 Garrett Womble 31 Rachel Stahler 29 Ken Prol - DC 28 Serena Graham 28 DCortese 28 Megan Poston 28 gshields 28 John Hughes 28 15183126534 19 Ronald Reekes 26 Melissa Chavis-Chris Booker & Associates# PC 26 Tywanna Scott 25 19177030339 24 17067986792 23 GMullin 23 GERALDINE SAMS 14 End Time Minutes Participants 4/18/2022 14:27 72 31 Guest No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes OFFICIAL VENDORS Attachment "B" E-Verify Number Addendum 1 SAVE Form Original 7 Copies Wendel Architecture, PC 375 Essjay Road, Ste. 200 Williamsville, NY 14221 Yes 969198 Yes Yes Yes Yes Hussey, Gay, Bell & DeYoung International, Inc. 329 Commericial Drive, Suite 200 Savannah, GA 31406 Yes 398475 Yes Yes Yes Yes Millard Inc. 580 Colonial Park Dirve Roswell, GA 30075 Yes 195286 Yes Yes Yes Yes Praxis3 100 Peachstreet St NW, Ste 1450 Atlanta, GA 30303 Yes 232770 Yes Yes Yes Yes Studio 3 Design Group, PC 1617 Walton Way Augusta, GA 30904 Yes 194106 Yes Yes Yes Yes 2KM Architects, Inc. 529 Greene Street Augusta, GA 30901 Yes 312290 Yes Yes Yes Yes Virgo Gambill Architects PC 3810 Oak Drive Augusta, GA 30909 Yes 184039 Yes Yes Yes Yes Dickinson Architects, PC 771 Broad Street, Suite 200 Augusta, GA 30901 Yes 67757 Yes Yes Yes Yes Johnson Laschober & Associates P.C. 1296 Broad Street Augusta, GA 30901 Yes 226309 Yes Yes Yes Yes RFQ Opening - RFQ Item #22-213 Design Services for Fleet Management New Facilities for Augusta, GA Central Services Department Date: Tuesday, May 10, 2022 @ 3:00 p.m. ZOOM Total Number Specifications Mailed Out: 13 Total Number Specifications Download (Demandstar): 10 Total Electronic Notifications (Demandstar): 526 Georgia Procurement Registry: 2213 Pre-Qualifications Conference: 31 Total packages submitted: 9 Total Noncompliant: 0 Page 1 of 1 Wendel Architecture, PC 375 Essjay Road, Ste. 200 Williamsville, NY 14221 Hussey, Gay, Bell & DeYoung International, Inc. 329 Commericial Drive, Suite 200 Savannah, GA 31406 Millard Inc. 580 Colonial Park Dirve Roswell, GA 30075 Praxis3 100 Peachstreet St NW, Ste 1450 Atlanta, GA 30303 Studio 3 Design Group, PC 1617 Walton Way Augusta, GA 30904 2KM Architects, Inc. 529 Greene Street Augusta, GA 30901 Virgo Gambill Architects PC 3810 Oak Drive Augusta, GA 30909 Dickinson Architects, PC 771 Broad Street, Suite 200 Augusta, GA 30901 Johnson Laschober & Associates P.C. 1296 Broad Street Augusta, GA 30901 Evaluation Criteria Ranking Points 1. Completeness of Response • Package submitted by the deadline • Package is complete (includes requested information as required per this solicitation) • Attachment B is complete, signed and notarized N/A Pass/Fail PASS PASS PASS PASS PASS PASS PASS PASS PASS 2. Qualifications & Experience (0-5)20 4.8 5.0 3.8 4.0 4.5 4.0 4.0 4.3 4.3 3. Organization & Approach (0-5)15 5.0 4.8 4.3 3.8 4.4 3.5 3.5 4.8 4.2 4. Project Specific Experience Firms experience in providing design services to include at minimum the requirements of Section II Scope of Services specifically Minimum Requirements and Scope of Services and Tasks. (0-5)15 4.5 4.5 3.8 3.8 4.0 3.3 2.8 4.0 4.2 5. Schedule of Work (0-5)10 3.8 4.5 3.3 3.8 4.0 3.3 3.0 4.4 4.0 6. Financial Stability (0-5)10 4.0 4.0 4.0 4.0 4.1 3.8 3.5 4.3 4.5 6. References (0-5)5 4.5 4.3 4.0 4.0 4.3 4.0 4.0 4.0 4.5 Within Richmond County 5 10 5 5 5 5 5 Within CSRA 5 6 Within Georgia 5 4 5 5 5 Within SE United States (includes AL, TN, NC, SC, FL) 5 2 All Others 5 1 5 27.5 28.0 24.0 24.3 26.1 23.0 22.3 26.4 26.1 8. Presentation by Team (0-5)10.0 0.0 4.2 0.0 0.0 4.5 0.0 0.0 4.6 4.3 9. Q&A Response to Panel Questions (0-5)5.0 0.0 4.3 0.0 0.0 4.3 0.0 0.0 4.8 4.5 0.0 8.5 0.0 0.0 8.9 0.0 0.0 9.4 8.8 27.5 36.5 24.0 24.3 35.0 23.0 22.3 35.8 34.9 Evaluation Sheet Item - RFQ Opening - RFQ Item #22-213 Design Services for Fleet Management New Facilities for Augusta, GA Central Services Department RFQ Evaluation Meeting: Thursday, May 26, 2022 @ 3:00 p.m. Phase 1 Total - (Total Maximum Ranking 30 - Maximum Weighted Total Possible 425) Vendors Phase 1 7. Proximity to Area (only choose 1 line according to location of the company - enter the ranking value for the one line only) Ranking of 0-5 (Enter a number value between 0 and 5) Scale 0 (Low) to 5 (High) Total Cumulative Score (Maximum point is 500) Total (Total Possible Score 500) Total (May not Receive Less Than a 3 Ranking in Any Category to be Considered for Award) Phase 2 (Option - Numbers 8-9) (Vendors May Not Receive Less Than a 3 Ranking in Any Category to be Considered for Award) Total Phase 2 - (Total Maximum Ranking 10 - Maximum Weighted Total Possible 75) Internal Use Only - Page 1 Evaluator: Cumulative Date: 5/26/22 Phase I Procurement DepartmentRepresentative:_____Nancy Williams_____________________________________ Procurement Department Completion Date: 5/26/22 Phase I Vendors Wendel Architecture, PC 375 Essjay Road, Ste. 200 Williamsville, NY 14221 Hussey, Gay, Bell & DeYoung International, Inc. 329 Commericial Drive, Suite 200 Savannah, GA 31406 Millard Inc. 580 Colonial Park Dirve Roswell, GA 30075 Praxis3 100 Peachstreet St NW, Ste 1450 Atlanta, GA 30303 Studio 3 Design Group, PC 1617 Walton Way Augusta, GA 30904 2KM Architects, Inc. 529 Greene Street Augusta, GA 30901 Virgo Gambill Architects PC 3810 Oak Drive Augusta, GA 30909 Dickinson Architects, PC 771 Broad Street, Suite 200 Augusta, GA 30901 Johnson Laschober & Associates P.C. 1296 Broad Street Augusta, GA 30901 Phase 1 Evaluation Criteria 1. Completeness of Response • Package submitted by the deadline • Package is complete (includes requested information as required per this solicitation) • Attachment B is complete, signed and notarized PASS PASS PASS PASS PASS PASS PASS PASS PASS 2. Qualifications & Experience 95.0 100.0 75.0 80.0 90.0 80.0 80.0 85.0 85.0 3. Organization & Approach 75.0 71.3 63.8 56.3 65.6 52.5 52.5 71.3 62.8 4. Scope of Services Provide experience and approach to item included in SECTION III - SCOPE OF WORK. Firm must demonstrate the technical and personal skills necessary for the successful implementation of the CIP. Firm must also have history of effective collaboration with municipal clients, local government staff, and communication with the community to 67.5 67.5 56.3 56.3 60.0 48.8 41.3 60.0 62.8 5. Schedule of Work 37.5 45.0 32.5 37.5 40.0 32.5 30.0 43.8 40.0 6. Financial Stability 40.0 40.0 40.0 40.0 40.6 37.5 35.0 42.5 45.0 6. References 22.5 21.3 20.0 20.0 21.3 20.0 20.0 20.0 22.5 Within Richmond County 0 0 0 0 50 50 50 50 50 Within CSRA 0 0 0 0 0 0 0 0 0 Within Georgia 0 20 20 20 0 0 0 0 0 Within SE United States (includes AL, TN, NC, SC, FL) 0 0 0 0 0 0 0 0 0 • All Others 5 0 0 0 0 0 0 0 0 Phase 1 Total - (Total Maximum Ranking 30 - Maximum Weighted Total Possible 425)342.5 365.0 307.5 310.0 367.5 321.3 308.8 372.5 368.1 8. Presentation by Team 0.0 41.8 0.0 0.0 45.3 0.0 0.0 46.3 43.3 9. Q&A Response to Panel Questions 0.0 21.5 0.0 0.0 21.6 0.0 0.0 23.8 22.3 Total Phase 2 - (Total Maximum Ranking 10 - Maximum Weighted Total Possible 75) 0.0 63.3 0.0 0.0 66.9 0.0 0.0 70.0 65.5 Total Cumulative Score (Maximum point is 500)342.5 428.3 307.5 310.0 434.4 321.3 308.8 442.5 433.6 Weighted Scores 7. Proximity to Area (only choose 1 line according to location of the company - enter the ranking value for the one line only) Evaluation Sheet Item - RFQ Opening - RFQ Item #22-213 Design Services for Fleet Management New Facilities for Augusta, GA Central Services Department RFQ Evaluation Meeting: Thursday, May 26, 2022 @ 3:00 p.m. Phase 2 (Option - Numbers 8-9) (Vendors May Not Receive Less Than a 3 Ranking in Any Category to be Considered for Award) Total (Total Possible Score 500) Total (May not Receive Less Than a 3 Ranking in Any Category to be Considered for Award) Internal Use Only - Page 2 Evaluator: Cumulative Date: 5/26/22 Phase I Procurement DepartmentRepresentative:_____Nancy Williams_____________________________________ Procurement Department Completion Date: 5/26/22 Phase I AIA® Document B101™ – 2017 Standard Form of Agreement Between Owner and Architect AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 15:20:00 ET on 07/11/2022 under Order No.2114342581 which expires on 07/10/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1800623977) 1 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. ELECTRONIC COPYING of any portion of this AIA® Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document. AGREEMENT made as of the « » day of « » in the year « » (In words, indicate day, month and year.) BETWEEN the Architect’s client identified as the Owner: (Name, legal status, address and other information) « »« » «Augusta Commission » «535 Telfair Street » «Augusta, Georgia 30901 » and the Architect: (Name, legal status, address and other information) « »« » «Dickinson Architects, P.C. » «771 Broad Street, Suite 200 » «Augusta, Georgia 30901 » for the following Project: (Name, location and detailed description) « New Facilities for Augusta Fleet Management for the Central Services Department » « The project site is identified as 3446 Old Louisville Road, Augusta, Georgia 30906. » « » The Owner and Architect agree as follows. AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 15:20:00 ET on 07/11/2022 under Order No.2114342581 which expires on 07/10/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1800623977) 2 TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT’S RESPONSIBILITIES 3 SCOPE OF ARCHITECT’S BASIC SERVICES 4 SUPPLEMENTAL AND ADDITIONAL SERVICES 5 OWNER’S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. (For each item in this section, insert the information or a statement such as “not applicable” or “unknown at time of execution.”) § 1.1.1 The Owner’s program for the Project: (Insert the Owner’s program, identify documentation that establishes the Owner’s program, or state the manner in which the program will be developed.) «Augusta Fleet Management (AFM) Program will be based on the provided 2019 Space Needs Assessment. The Augusta Fire Department Heavy Vehicle Shop Program will be developed through an interview process with the User. » § 1.1.2 The Project’s physical characteristics: (Identify or describe pertinent information about the Project’s physical characteristics, such as size; location; dimensions; geotechnical reports; site boundaries; topographic surveys; traffic and utility studies; availability of public and private utilities and services; legal description of the site, etc.) «The project site is identified as 3446 Old Louisville Road, Augusta, Georgia 30906. There is currently a fire station occupying the NW corner of the site. The fire station will not be demolished. » § 1.1.3 The Owner’s budget for the Cost of the Work, as defined in Section 6.1: (Provide total and, if known, a line item breakdown.) «Budget (SCL) to be established at the completion of Phase I and the start of Phase II. » § 1.1.4 The Owner’s anticipated design and construction milestone dates: .1 Design phase milestone dates, if any: AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 15:20:00 ET on 07/11/2022 under Order No.2114342581 which expires on 07/10/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1800623977) 3 «Not determined » .2 Construction commencement date: «Not determined » .3 Substantial Completion date or dates: «Not determined » .4 Other milestone dates: «Not determined » § 1.1.5 The Owner intends the following procurement and delivery method for the Project: (Identify method such as competitive bid or negotiated contract, as well as any requirements for accelerated or fast- track design and construction, multiple bid packages, or phased construction.) «Design-Bid-Build » § 1.1.6 The Owner’s anticipated Sustainable Objective for the Project: (Identify and describe the Owner’s Sustainable Objective for the Project, if any.) «N/A » § 1.1.6.1 If the Owner identifies a Sustainable Objective, the Owner and Architect shall complete and incorporate AIA Document E204™–2017, Sustainable Projects Exhibit, into this Agreement to define the terms, conditions and services related to the Owner’s Sustainable Objective. If E204–2017 is incorporated into this agreement, the Owner and Architect shall incorporate the completed E204–2017 into the agreements with the consultants and contractors performing services or Work in any way associated with the Sustainable Objective. § 1.1.7 The Owner identifies the following representative in accordance with Section 5.3: (List name, address, and other contact information.) «To be determined » « » « » « » « » « » § 1.1.8 The persons or entities, in addition to the Owner’s representative, who are required to review the Architect’s submittals to the Owner are as follows: (List name, address, and other contact information.) «To be determined » § 1.1.9 The Owner shall retain the following consultants and contractors: (List name, legal status, address, and other contact information.) .1 Geotechnical Engineer: To be determined« »« » « » « » « » AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 15:20:00 ET on 07/11/2022 under Order No.2114342581 which expires on 07/10/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1800623977) 4 « » .2 Civil Engineer: «N/A »« » « » « » « » « » .3 Other, if any: (List any other consultants and contractors retained by the Owner.) «Surveyor, To be determined » § 1.1.10 The Architect identifies the following representative in accordance with Section 2.3: (List name, address, and other contact information.) «Nicholas Dickinson, II » «Dickinson Architects, P.C » «771 Broad Street, Suite 200 » «Augusta, Georgia 30901 » «O-706-722-7488 » « ndjr@dickinsonarchitects.com » § 1.1.11 The Architect shall retain the consultants identified in Sections 1.1.11.1 and 1.1.11.2: (List name, legal status, address, and other contact information.) § 1.1.11.1 Consultants retained under Basic Services: .1 Structural Engineer: «Rob Still, P.E. »« » «Cranston Engineering Group » « 452 Ellis Street » « Augusta, Georgia 30901 » «706-722-1588 » .2 Mechanical Engineer: «J. Martin Ford, P.E. »« » «PFA Engineering » «1201 Broad Street, Suite 3A » «Augusta, Georgia 30901» « 706-722-3959 » .3 Electrical Engineer: «M. Ashley Paulk, IV, P.E »« » «Electrical Design Consultants » «1201 Broad Street, Suite 1A » «Augusta, Georgia 30901 » «706-724-3551 » § 1.1.11.2 Consultants retained under Supplemental Services: «Programming, Architectural Design: IBI Group Civil Engineering: TBD Cost Estimating: TBD » AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 15:20:00 ET on 07/11/2022 under Order No.2114342581 which expires on 07/10/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1800623977) 5 § 1.1.12 Other Initial Information on which the Agreement is based: « » § 1.2 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that the Initial Information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the Architect’s services, schedule for the Architect’s services, and the Architect’s compensation. The Owner shall adjust the Owner’s budget for the Cost of the Work and the Owner’s anticipated design and construction milestones, as necessary, to accommodate material changes in the Initial Information. § 1.3 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. The parties will use AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission, and exchange of digital data. § 1.3.1 Any use of, or reliance on, all or a portion of a building information model without agreement to protocols governing the use of, and reliance on, the information contained in the model and without having those protocols set forth in AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, and the requisite AIA Document G202™–2013, Project Building Information Modeling Protocol Form, shall be at the using or relying party’s sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building information model, and each of their agents and employees. ARTICLE 2 ARCHITECT’S RESPONSIBILITIES § 2.1 The Architect shall provide professional services as set forth in this Agreement. The Architect represents that it is properly licensed in the jurisdiction where the Project is located to provide the services required by this Agreement, or shall cause such services to be performed by appropriately licensed design professionals. § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. § 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. § 2.4 Except with the Owner’s knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect’s professional judgment with respect to this Project. § 2.5 The Architect shall maintain the following insurance until termination of this Agreement. If any of the requirements set forth below are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect as set forth in Section 11.9. § 2.5.1 Commercial General Liability with policy limits of not less than «One Million Dollars » ($ «1,000,000 » ) for each occurrence and «Two Million Dollars » ($ «2,000,000 » ) in the aggregate for bodily injury and property damage. § 2.5.2 Automobile Liability covering vehicles owned, and non-owned vehicles used, by the Architect with policy limits of not less than « One Million Dollars » ($ «1,000,000 » ) per accident for bodily injury, death of any person, and property damage arising out of the ownership, maintenance and use of those motor vehicles, along with any other statutorily required automobile coverage. § 2.5.3 The Architect may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess or umbrella liability insurance, provided such primary and excess or umbrella liability insurance policies result in the same or greater coverage as the coverages required under Sections 2.5.1 and 2.5.2, and in no event shall any excess or umbrella liability insurance provide AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 15:20:00 ET on 07/11/2022 under Order No.2114342581 which expires on 07/10/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1800623977) 6 narrower coverage than the primary policy. The excess policy shall not require the exhaustion of the underlying limits only through the actual payment by the underlying insurers. § 2.5.4 Workers’ Compensation at statutory limits. § 2.5.5 Employers’ Liability with policy limits not less than « One Million Dollars » ($ «1,000,000 » ) each accident, One Million Dollars« » ($ «1,000,000 » ) each employee, and « One Million Dollars » ($ «1,000,000 » ) policy limit. § 2.5.6 Professional Liability covering negligent acts, errors and omissions in the performance of professional services with policy limits of not less than « Two Million Dollars » ($ «2,000,000 » ) per claim and « Two Million Dollars » ($ «2,000,000 » ) in the aggregate. § 2.5.7 Additional Insured Obligations. To the fullest extent permitted by law, the Architect shall cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as an additional insured for claims caused in whole or in part by the Architect’s negligent acts or omissions. The additional insured coverage shall be primary and non-contributory to any of the Owner’s insurance policies and shall apply to both ongoing and completed operations. § 2.5.8 The Architect shall provide certificates of insurance to the Owner that evidence compliance with the requirements in this Section 2.5. ARTICLE 3 SCOPE OF ARCHITECT’S BASIC SERVICES § 3.1 The Architect’s Basic Services consist of those described in this Article 3 and include usual and customary civil, structural, mechanical, and electrical engineering services. Services not set forth in this Article 3 are Supplemental or Additional Services. § 3.1.1 The Architect shall manage the Architect’s services, research applicable design criteria, attend Project meetings, communicate with members of the Project team, and report progress to the Owner. § 3.1.2 The Architect shall coordinate its services with those services provided by the Owner and the Owner’s consultants. The Architect shall be entitled to rely on, and shall not be responsible for, the accuracy, completeness, and timeliness of, services and information furnished by the Owner and the Owner’s consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission, or inconsistency in such services or information. § 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit for the Owner’s approval a schedule for the performance of the Architect’s services. The schedule initially shall include anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information. The schedule shall include allowances for periods of time required for the Owner’s review, for the performance of the Owner’s consultants, and for approval of submissions by authorities having jurisdiction over the Project. Once approved by the Owner, time limits established by the schedule shall not, except for reasonable cause, be exceeded by the Architect or Owner. With the Owner’s approval, the Architect shall adjust the schedule, if necessary, as the Project proceeds until the commencement of construction. § 3.1.4 The Architect shall not be responsible for an Owner’s directive or substitution, or for the Owner’s acceptance of non-conforming Work, made or given without the Architect’s written approval. § 3.1.5 The Architect shall contact governmental authorities required to approve the Construction Documents and entities providing utility services to the Project. The Architect shall respond to applicable design requirements imposed by those authorities and entities. § 3.1.6 The Architect shall assist the Owner in connection with the Owner’s responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 3.2 Schematic Design Phase Services § 3.2.1 The Architect shall review the program and other information furnished by the Owner, and shall review laws, codes, and regulations applicable to the Architect’s services. AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 15:20:00 ET on 07/11/2022 under Order No.2114342581 which expires on 07/10/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1800623977) 7 § 3.2.2 The Architect shall prepare a preliminary evaluation of the Owner’s program, schedule, budget for the Cost of the Work, Project site, the proposed procurement and delivery method, and other Initial Information, each in terms of the other, to ascertain the requirements of the Project. The Architect shall notify the Owner of (1) any inconsistencies discovered in the information, and (2) other information or consulting services that may be reasonably needed for the Project. § 3.2.3 The Architect shall present its preliminary evaluation to the Owner and shall discuss with the Owner alternative approaches to design and construction of the Project. The Architect shall reach an understanding with the Owner regarding the requirements of the Project. § 3.2.4 Based on the Project requirements agreed upon with the Owner, the Architect shall prepare and present, for the Owner’s approval, a preliminary design illustrating the scale and relationship of the Project components. § 3.2.5 Based on the Owner’s approval of the preliminary design, the Architect shall prepare Schematic Design Documents for the Owner’s approval. The Schematic Design Documents shall consist of drawings and other documents including a site plan, if appropriate, and preliminary building plans, sections and elevations; and may include some combination of study models, perspective sketches, or digital representations. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. § 3.2.5.1 The Architect shall consider sustainable design alternatives, such as material choices and building orientation, together with other considerations based on program and aesthetics, in developing a design that is consistent with the Owner’s program, schedule and budget for the Cost of the Work. The Owner may obtain more advanced sustainable design services as a Supplemental Service under Section 4.1.1. § 3.2.5.2 The Architect shall consider the value of alternative materials, building systems and equipment, together with other considerations based on program and aesthetics, in developing a design for the Project that is consistent with the Owner’s program, schedule, and budget for the Cost of the Work. § 3.2.6 The Architect shall submit to the Owner an estimate of the Cost of the Work prepared in accordance with Section 6.3. § 3.2.7 The Architect shall submit the Schematic Design Documents to the Owner, and request the Owner’s approval. § 3.3 Design Development Phase Services § 3.3.1 Based on the Owner’s approval of the Schematic Design Documents, and on the Owner’s authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Design Development Documents for the Owner’s approval. The Design Development Documents shall illustrate and describe the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, and other appropriate elements. The Design Development Documents shall also include outline specifications that identify major materials and systems and establish, in general, their quality levels. § 3.3.2 The Architect shall update the estimate of the Cost of the Work prepared in accordance with Section 6.3. § 3.3.3 The Architect shall submit the Design Development Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, and request the Owner’s approval. § 3.4 Construction Documents Phase Services § 3.4.1 Based on the Owner’s approval of the Design Development Documents, and on the Owner’s authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Construction Documents for the Owner’s approval. The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth in detail the quality levels and performance criteria of materials and systems and other requirements for the construction of the Work. The Owner and Architect acknowledge that, in order to perform the AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 15:20:00 ET on 07/11/2022 under Order No.2114342581 which expires on 07/10/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1800623977) 8 Work, the Contractor will provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals, which the Architect shall review in accordance with Section 3.6.4. § 3.4.2 The Architect shall incorporate the design requirements of governmental authorities having jurisdiction over the Project into the Construction Documents. § 3.4.3 During the development of the Construction Documents, the Architect shall assist the Owner in the development and preparation of (1) procurement information that describes the time, place, and conditions of bidding, including bidding or proposal forms; (2) the form of agreement between the Owner and Contractor; and (3) the Conditions of the Contract for Construction (General, Supplementary and other Conditions). The Architect shall also compile a project manual that includes the Conditions of the Contract for Construction and Specifications, and may include bidding requirements and sample forms. § 3.4.4 The Architect shall update the estimate for the Cost of the Work prepared in accordance with Section 6.3. § 3.4.5 The Architect shall submit the Construction Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, take any action required under Section 6.5, and request the Owner’s approval. § 3.5 Procurement Phase Services § 3.5.1 General The Architect shall assist the Owner in establishing a list of prospective contractors. Following the Owner’s approval of the Construction Documents, the Architect shall assist the Owner in (1) obtaining either competitive bids or negotiated proposals; (2) confirming responsiveness of bids or proposals; (3) determining the successful bid or proposal, if any; and, (4) awarding and preparing contracts for construction. § 3.5.2 Competitive Bidding § 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents. § 3.5.2.2 The Architect shall assist the Owner in bidding the Project by: .1 facilitating the distribution of Bidding Documents to prospective bidders; .2 organizing and conducting a pre-bid conference for prospective bidders; .3 preparing responses to questions from prospective bidders and providing clarifications and interpretations of the Bidding Documents to the prospective bidders in the form of addenda; and, .4 organizing and conducting the opening of the bids, and subsequently documenting and distributing the bidding results, as directed by the Owner. § 3.5.2.3 If the Bidding Documents permit substitutions, upon the Owner’s written authorization, the Architect shall, as an Additional Service, consider requests for substitutions and prepare and distribute addenda identifying approved substitutions to all prospective bidders. § 3.5.3 Negotiated Proposals § 3.5.3.1 Proposal Documents shall consist of proposal requirements and proposed Contract Documents. § 3.5.3.2 The Architect shall assist the Owner in obtaining proposals by: .1 facilitating the distribution of Proposal Documents for distribution to prospective contractors and requesting their return upon completion of the negotiation process; .2 organizing and participating in selection interviews with prospective contractors; .3 preparing responses to questions from prospective contractors and providing clarifications and interpretations of the Proposal Documents to the prospective contractors in the form of addenda; and, .4 participating in negotiations with prospective contractors, and subsequently preparing a summary report of the negotiation results, as directed by the Owner. § 3.5.3.3 If the Proposal Documents permit substitutions, upon the Owner’s written authorization, the Architect shall, as an Additional Service, consider requests for substitutions and prepare and distribute addenda identifying approved substitutions to all prospective contractors. AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 15:20:00 ET on 07/11/2022 under Order No.2114342581 which expires on 07/10/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1800623977) 9 § 3.6 Construction Phase Services § 3.6.1 General § 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA Document A201™–2017, General Conditions of the Contract for Construction. If the Owner and Contractor modify AIA Document A201–2017, those modifications shall not affect the Architect’s services under this Agreement unless the Owner and the Architect amend this Agreement. § 3.6.1.2 The Architect shall advise and consult with the Owner during the Construction Phase Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible for the Contractor’s failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect’s negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. § 3.6.1.3 Subject to Section 4.2 and except as provided in Section 3.6.6.5, the Architect’s responsibility to provide Construction Phase Services commences with the award of the Contract for Construction and terminates on the date the Architect issues the final Certificate for Payment. § 3.6.2 Evaluations of the Work § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.2.3, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the Owner (1) known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Contractor, and (3) defects and deficiencies observed in the Work. § 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not the Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the Work. § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect’s response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of, and reasonably inferable from, the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The Architect’s decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. § 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A201–2017, the Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents. § 3.6.3 Certificates for Payment to Contractor § 3.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. The Architect’s certification for payment shall constitute a representation to the Owner, based on the Architect’s evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Contractor’s AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 15:20:00 ET on 07/11/2022 under Order No.2114342581 which expires on 07/10/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1800623977) 10 Application for Payment, that, to the best of the Architect’s knowledge, information and belief, the Work has progressed to the point indicated, the quality of the Work is in accordance with the Contract Documents, and that the Contractor is entitled to payment in the amount certified. The foregoing representations are subject to (1) an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) results of subsequent tests and inspections, (3) correction of minor deviations from the Contract Documents prior to completion, and (4) specific qualifications expressed by the Architect. § 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and suppliers and other data requested by the Owner to substantiate the Contractor’s right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment. § 3.6.4 Submittals § 3.6.4.1 The Architect shall review the Contractor’s submittal schedule and shall not unreasonably delay or withhold approval of the schedule. The Architect’s action in reviewing submittals shall be taken in accordance with the approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time, in the Architect’s professional judgment, to permit adequate review. § 3.6.4.2 The Architect shall review and approve, or take other appropriate action upon, the Contractor’s submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Contractor’s responsibility. The Architect’s review shall not constitute approval of safety precautions or construction means, methods, techniques, sequences or procedures. The Architect’s approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 3.6.4.3 If the Contract Documents specifically require the Contractor to provide professional design services or certifications by a design professional related to systems, materials, or equipment, the Architect shall specify the appropriate performance and design criteria that such services must satisfy. The Architect shall review and take appropriate action on Shop Drawings and other submittals related to the Work designed or certified by the Contractor’s design professional, provided the submittals bear such professional’s seal and signature when submitted to the Architect. The Architect’s review shall be for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect shall be entitled to rely upon, and shall not be responsible for, the adequacy and accuracy of the services, certifications, and approvals performed or provided by such design professionals. § 3.6.4.4 Subject to Section 4.2, the Architect shall review and respond to requests for information about the Contract Documents. The Architect shall set forth, in the Contract Documents, the requirements for requests for information. Requests for information shall include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. The Architect’s response to such requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. If appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in response to the requests for information. § 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. § 3.6.5 Changes in the Work § 3.6.5.1 The Architect may order minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Subject to Section 4.2, the Architect shall prepare Change Orders and Construction Change Directives for the Owner’s approval and execution in accordance with the Contract Documents. AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 15:20:00 ET on 07/11/2022 under Order No.2114342581 which expires on 07/10/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1800623977) 11 § 3.6.5.2 The Architect shall maintain records relative to changes in the Work. § 3.6.6 Project Completion § 3.6.6.1 The Architect shall: .1 conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; .2 issue Certificates of Substantial Completion; .3 forward to the Owner, for the Owner’s review and records, written warranties and related documents required by the Contract Documents and received from the Contractor; and, .4 issue a final Certificate for Payment based upon a final inspection indicating that, to the best of the Architect’s knowledge, information, and belief, the Work complies with the requirements of the Contract Documents. § 3.6.6.2 The Architect’s inspections shall be conducted with the Owner to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. § 3.6.6.3 When Substantial Completion has been achieved, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor, including the amount to be retained from the Contract Sum, if any, for final completion or correction of the Work. § 3.6.6.4 The Architect shall forward to the Owner the following information received from the Contractor: (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment; (2) affidavits, receipts, releases and waivers of liens, or bonds indemnifying the Owner against liens; and (3) any other documentation required of the Contractor under the Contract Documents. § 3.6.6.5 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Architect shall, without additional compensation, conduct a meeting with the Owner to review the facility operations and performance. ARTICLE 4 SUPPLEMENTAL AND ADDITIONAL SERVICES § 4.1 Supplemental Services § 4.1.1 The services listed below are not included in Basic Services but may be required for the Project. The Architect shall provide the listed Supplemental Services only if specifically designated in the table below as the Architect’s responsibility, and the Owner shall compensate the Architect as provided in Section 11.2. Unless otherwise specifically addressed in this Agreement, if neither the Owner nor the Architect is designated, the parties agree that the listed Supplemental Service is not being provided for the Project. (Designate the Architect’s Supplemental Services and the Owner’s Supplemental Services required for the Project by indicating whether the Architect or Owner shall be responsible for providing the identified Supplemental Service. Insert a description of the Supplemental Services in Section 4.1.2 below or attach the description of services as an exhibit to this Agreement.) Supplemental Services Responsibility (Architect, Owner, or not provided) § 4.1.1.1 Programming Architect § 4.1.1.2 Multiple preliminary designs Not Provided (NP) § 4.1.1.3 Measured drawings NP § 4.1.1.4 Existing facilities surveys NP § 4.1.1.5 Site evaluation and planning Architect § 4.1.1.6 Building Information Model management responsibilities NP § 4.1.1.7 Development of Building Information Models for post construction use NP § 4.1.1.8 Civil engineering Architect § 4.1.1.9 Landscape design Architect AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 15:20:00 ET on 07/11/2022 under Order No.2114342581 which expires on 07/10/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1800623977) 12 Supplemental Services Responsibility (Architect, Owner, or not provided) § 4.1.1.10 Architectural interior design Architect § 4.1.1.11 Value analysis NP § 4.1.1.12 Detailed cost estimating beyond that required in Section 6.3 Architect § 4.1.1.13 On-site project representation NP § 4.1.1.14 Conformed documents for construction NP § 4.1.1.15 As-designed record drawings NP § 4.1.1.16 As-constructed record drawings NP § 4.1.1.17 Post-occupancy evaluation NP § 4.1.1.18 Facility support services NP § 4.1.1.19 Tenant-related services NP § 4.1.1.20 Architect’s coordination of the Owner’s consultants NP § 4.1.1.21 Telecommunications/data design NP § 4.1.1.22 Security evaluation and planning NP § 4.1.1.23 Commissioning NP § 4.1.1.24 Sustainable Project Services pursuant to Section 4.1.3 NP § 4.1.1.25 Fast-track design services NP § 4.1.1.26 Multiple bid packages NP § 4.1.1.27 Historic preservation NP § 4.1.1.28 Furniture, furnishings, and equipment design NP § 4.1.1.29 Other services provided by specialty Consultants NP § 4.1.1.30 Other Supplemental Services § 4.1.2 Description of Supplemental Services § 4.1.2.1 A description of each Supplemental Service identified in Section 4.1.1 as the Architect’s responsibility is provided below. (Describe in detail the Architect’s Supplemental Services identified in Section 4.1.1 or, if set forth in an exhibit, identify the exhibit. The AIA publishes a number of Standard Form of Architect’s Services documents that can be included as an exhibit to describe the Architect’s Supplemental Services.) «4.1.1.1 – Verification of AFM Program. Programming of AFDHVS. 4.1.1.5 – Conceptual Site Studies prepared following Program Verification. 4.1.1.8 – Engineered Plans to be submitted for Permit. 4.1.1.9 – Design of plans to comply with Tree Ordinance. 4.1.1.10 - Selection of Finishes for Interior Spaces. 4.1.1.12 – Total of four (4) detailed Cost Estimates. » § 4.1.2.2 A description of each Supplemental Service identified in Section 4.1.1 as the Owner’s responsibility is provided below. (Describe in detail the Owner’s Supplemental Services identified in Section 4.1.1 or, if set forth in an exhibit, identify the exhibit.) « » § 4.1.3 If the Owner identified a Sustainable Objective in Article 1, the Architect shall provide, as a Supplemental Service, the Sustainability Services required in AIA Document E204™–2017, Sustainable Projects Exhibit, attached to this Agreement. The Owner shall compensate the Architect as provided in Section 11.2. AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 15:20:00 ET on 07/11/2022 under Order No.2114342581 which expires on 07/10/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1800623977) 13 § 4.2 Architect’s Additional Services The Architect may provide Additional Services after execution of this Agreement without invalidating the Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4.2 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect’s schedule. § 4.2.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not proceed to provide the following Additional Services until the Architect receives the Owner’s written authorization: .1 Services necessitated by a change in the Initial Information, previous instructions or approvals given by the Owner, or a material change in the Project including size, quality, complexity, the Owner’s schedule or budget for Cost of the Work, or procurement or delivery method; .2 Services necessitated by the enactment or revision of codes, laws, or regulations, including changing or editing previously prepared Instruments of Service; .3 Changing or editing previously prepared Instruments of Service necessitated by official interpretations of applicable codes, laws or regulations that are either (a) contrary to specific interpretations by the applicable authorities having jurisdiction made prior to the issuance of the building permit, or (b) contrary to requirements of the Instruments of Service when those Instruments of Service were prepared in accordance with the applicable standard of care; .4 Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure of performance on the part of the Owner or the Owner’s consultants or contractors; .5 Preparing digital models or other design documentation for transmission to the Owner’s consultants and contractors, or to other Owner-authorized recipients; .6 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner; .7 Preparation for, and attendance at, a public presentation, meeting or hearing; .8 Preparation for, and attendance at, a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; .9 Evaluation of the qualifications of entities providing bids or proposals; .10 Consultation concerning replacement of Work resulting from fire or other cause during construction; or, .11 Assistance to the Initial Decision Maker, if other than the Architect. § 4.2.2 To avoid delay in the Construction Phase, the Architect shall provide the following Additional Services, notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If, upon receipt of the Architect’s notice, the Owner determines that all or parts of the services are not required, the Owner shall give prompt written notice to the Architect of the Owner’s determination. The Owner shall compensate the Architect for the services provided prior to the Architect’s receipt of the Owner’s notice. .1 Reviewing a Contractor’s submittal out of sequence from the submittal schedule approved by the Architect; .2 Responding to the Contractor’s requests for information that are not prepared in accordance with the Contract Documents or where such information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner-provided information, Contractor-prepared coordination drawings, or prior Project correspondence or documentation; .3 Preparing Change Orders and Construction Change Directives that require evaluation of Contractor’s proposals and supporting data, or the preparation or revision of Instruments of Service; .4 Evaluating an extensive number of Claims as the Initial Decision Maker; or, .5 Evaluating substitutions proposed by the Owner or Contractor and making subsequent revisions to Instruments of Service resulting therefrom. § 4.2.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional Services. When the limits below are reached, the Architect shall notify the Owner: .1 «Two » ( «2 » ) reviews of each Shop Drawing, Product Data item, sample and similar submittals of the Contractor .2 «Seventy-Five » ( «75 » ) visits to the site by the Architect during construction AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 15:20:00 ET on 07/11/2022 under Order No.2114342581 which expires on 07/10/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1800623977) 14 .3 «Three » ( «3 » ) inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 «Three » ( «3 » ) inspections for any portion of the Work to determine final completion. § 4.2.4 Except for services required under Section 3.6.6.5 and those services that do not exceed the limits set forth in Section 4.2.3, Construction Phase Services provided more than 60 days after (1) the date of Substantial Completion of the Work or (2) the initial date of Substantial Completion identified in the agreement between the Owner and Contractor, whichever is earlier, shall be compensated as Additional Services to the extent the Architect incurs additional cost in providing those Construction Phase Services. § 4.2.5 If the services covered by this Agreement have not been completed within «Twelve » ( «12 » ) months of the date of this Agreement, through no fault of the Architect, extension of the Architect’s services beyond that time shall be compensated as Additional Services. ARTICLE 5 OWNER’S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program, which shall set forth the Owner’s objectives; schedule; constraints and criteria, including space requirements and relationships; flexibility; expandability; special equipment; systems; and site requirements. § 5.2 The Owner shall establish the Owner’s budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1; (2) the Owner’s other costs; and, (3) reasonable contingencies related to all of these costs. The Owner shall update the Owner’s budget for the Project as necessary throughout the duration of the Project until final completion. If the Owner significantly increases or decreases the Owner’s budget for the Cost of the Work, the Owner shall notify the Architect. The Owner and the Architect shall thereafter agree to a corresponding change in the Project’s scope and quality. § 5.3 The Owner shall identify a representative authorized to act on the Owner’s behalf with respect to the Project. The Owner shall render decisions and approve the Architect’s submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect’s services. § 5.4 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions, and other necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 5.5 The Owner shall furnish services of geotechnical engineers, which may include test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 5.6 The Owner shall provide the Supplemental Services designated as the Owner’s responsibility in Section 4.1.1. § 5.7 If the Owner identified a Sustainable Objective in Article 1, the Owner shall fulfill its responsibilities as required in AIA Document E204™–2017, Sustainable Projects Exhibit, attached to this Agreement. § 5.8 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect’s request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner’s consultants. The Owner shall furnish the services of consultants other than those designated as the responsibility of the Architect in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants and contractors maintain insurance, including professional liability insurance, as appropriate to the services or work provided. AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 15:20:00 ET on 07/11/2022 under Order No.2114342581 which expires on 07/10/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1800623977) 15 § 5.9 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 5.10 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner’s needs and interests. § 5.11 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect’s Instruments of Service. § 5.12 The Owner shall include the Architect in all communications with the Contractor that relate to or affect the Architect’s services or professional responsibilities. The Owner shall promptly notify the Architect of the substance of any direct communications between the Owner and the Contractor otherwise relating to the Project. Communications by and with the Architect’s consultants shall be through the Architect. § 5.13 Before executing the Contract for Construction, the Owner shall coordinate the Architect’s duties and responsibilities set forth in the Contract for Construction with the Architect’s services set forth in this Agreement. The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor, including the General Conditions of the Contract for Construction. § 5.14 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress. § 5.15 Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of, or enforce lien rights. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include contractors’ general conditions costs, overhead and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the Owner. The Cost of the Work does not include the compensation of the Architect; the costs of the land, rights-of-way, financing, or contingencies for changes in the Work; or other costs that are the responsibility of the Owner. § 6.2 The Owner’s budget for the Cost of the Work is provided in Initial Information, and shall be adjusted throughout the Project as required under Sections 5.2, 6.4 and 6.5. Evaluations of the Owner’s budget for the Cost of the Work, and the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work, prepared by the Architect, represent the Architect’s judgment as a design professional. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials, or equipment; the Contractor’s methods of determining bid prices; or competitive bidding, market, or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner’s budget for the Cost of the Work, or from any estimate of the Cost of the Work, or evaluation, prepared or agreed to by the Architect. § 6.3 In preparing estimates of the Cost of Work, the Architect shall be permitted to include contingencies for design, bidding, and price escalation; to determine what materials, equipment, component systems, and types of construction are to be included in the Contract Documents; to recommend reasonable adjustments in the program and scope of the Project; and to include design alternates as may be necessary to adjust the estimated Cost of the Work to meet the Owner’s budget. The Architect’s estimate of the Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. If the Owner requires a detailed estimate of the Cost of the Work, the Architect shall provide such an estimate, if identified as the Architect’s responsibility in Section 4.1.1, as a Supplemental Service. § 6.4 If, through no fault of the Architect, the Procurement Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, the Owner’s budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market. AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 15:20:00 ET on 07/11/2022 under Order No.2114342581 which expires on 07/10/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1800623977) 16 § 6.5 If at any time the Architect’s estimate of the Cost of the Work exceeds the Owner’s budget for the Cost of the Work, the Architect shall make appropriate recommendations to the Owner to adjust the Project’s size, quality, or budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments. § 6.6 If the Owner’s budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Section 9.5; .4 in consultation with the Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or, .5 implement any other mutually acceptable alternative. § 6.7 If the Owner chooses to proceed under Section 6.6.4, the Architect shall modify the Construction Documents as necessary to comply with the Owner’s budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 6.6.1. If the Owner requires the Architect to modify the Construction Documents because the lowest bona fide bid or negotiated proposal exceeds the Owner’s budget for the Cost of the Work due to market conditions the Architect could not reasonably anticipate, the Owner shall compensate the Architect for the modifications as an Additional Service pursuant to Section 11.3; otherwise the Architect’s services for modifying the Construction Documents shall be without additional compensation. In any event, the Architect’s modification of the Construction Documents shall be the limit of the Architect’s responsibility under this Article 6. ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. § 7.2 The Architect and the Architect’s consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect’s consultants. § 7.3 The Architect grants to the Owner a nonexclusive license to use the Architect’s Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Owner substantially performs its obligations under this Agreement, including prompt payment of all sums due pursuant to Article 9 and Article 11. The Architect shall obtain similar nonexclusive licenses from the Architect’s consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub-subcontractors, and suppliers, as well as the Owner’s consultants and separate contractors, to reproduce applicable portions of the Instruments of Service, subject to any protocols established pursuant to Section 1.3, solely and exclusively for use in performing services or construction for the Project. If the Architect rightfully terminates this Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 shall terminate. § 7.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service, the Owner releases the Architect and Architect’s consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner’s use of the Instruments of Service under this Section 7.3.1. The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4. § 7.4 Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner’s sole risk and without liability to the Architect and the Architect’s consultants. AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 15:20:00 ET on 07/11/2022 under Order No.2114342581 which expires on 07/10/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1800623977) 17 § 7.5 Except as otherwise stated in Section 7.3, the provisions of this Article 7 shall survive the termination of this Agreement. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 General § 8.1.1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of or related to this Agreement, whether in contract, tort, or otherwise, in accordance with the requirements of the binding dispute resolution method selected in this Agreement and within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents, and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201–2017, General Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents, and employees of any of them, similar waivers in favor of the other parties enumerated herein. § 8.1.3 The Architect and Owner waive consequential damages for claims, disputes, or other matters in question, arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination of this Agreement, except as specifically provided in Section 9.7. § 8.2 Mediation § 8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien arising out of the Architect’s services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation, which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Agreement. A request for mediation shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 8.2.3 The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following: (Check the appropriate box.) [ « » ] Arbitration pursuant to Section 8.3 of this Agreement [ «X » ] Litigation in a court of competent jurisdiction [ « » ] Other: (Specify) « » AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 15:20:00 ET on 07/11/2022 under Order No.2114342581 which expires on 07/10/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1800623977) 18 If the Owner and Architect do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction. § 8.3 Arbitration § 8.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement, any claim, dispute or other matter in question arising out of or related to this Agreement subject to, but not resolved by, mediation shall be subject to arbitration, which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of this Agreement. A demand for arbitration shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the arbitration. § 8.3.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the claim, dispute or other matter in question would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the claim, dispute or other matter in question. § 8.3.2 The foregoing agreement to arbitrate, and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement, shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. § 8.3.3 The award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 8.3.4 Consolidation or Joinder § 8.3.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation; (2) the arbitrations to be consolidated substantially involve common questions of law or fact; and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 8.3.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. § 8.3.4.3 The Owner and Architect grant to any person or entity made a party to an arbitration conducted under this Section 8.3, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Architect under this Agreement. § 8.4 The provisions of this Article 8 shall survive the termination of this Agreement. ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect’s option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give seven days’ written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Owner shall pay the Architect all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect’s services. The Architect’s fees for the remaining services and the time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect’s services. The Architect’s fees for the remaining services and the time schedules shall be equitably adjusted. AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 15:20:00 ET on 07/11/2022 under Order No.2114342581 which expires on 07/10/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1800623977) 19 § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days’ written notice. § 9.4 Either party may terminate this Agreement upon not less than seven days’ written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than seven days’ written notice to the Architect for the Owner’s convenience and without cause. § 9.6 If the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or the Architect terminates this Agreement pursuant to Section 9.3, the Owner shall compensate the Architect for services performed prior to termination, Reimbursable Expenses incurred, and costs attributable to termination, including the costs attributable to the Architect’s termination of consultant agreements. § 9.7 In addition to any amounts paid under Section 9.6, if the Owner terminates this Agreement for its convenience pursuant to Section 9.5, or the Architect terminates this Agreement pursuant to Section 9.3, the Owner shall pay to the Architect the following fees: (Set forth below the amount of any termination or licensing fee, or the method for determining any termination or licensing fee.) .1 Termination Fee: « » .2 Licensing Fee if the Owner intends to continue using the Architect’s Instruments of Service: « » § 9.8 Except as otherwise expressly provided herein, this Agreement shall terminate one year from the date of Substantial Completion. § 9.9 The Owner’s rights to use the Architect’s Instruments of Service in the event of a termination of this Agreement are set forth in Article 7 and Section 9.7. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located, excluding that jurisdiction’s choice of law rules. If the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 8.3. § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201–2017, General Conditions of the Contract for Construction. § 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns, and legal representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner’s rights and obligations under this Agreement, including any payments due to the Architect by the Owner prior to the assignment. § 10.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services, or responsibilities beyond the scope of this Agreement. AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 15:20:00 ET on 07/11/2022 under Order No.2114342581 which expires on 07/10/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1800623977) 20 § 10.5 Nothing contained in this Agreement shall create a contractual relationship with, or a cause of action in favor of, a third party against either the Owner or Architect. § 10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. § 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect’s promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect’s materials shall not include the Owner’s confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner’s promotional materials for the Project. This Section 10.7 shall survive the termination of this Agreement unless the Owner terminates this Agreement for cause pursuant to Section 9.4. § 10.8 If the Architect or Owner receives information specifically designated as “confidential” or “business proprietary,” the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except as set forth in Section 10.8.1. This Section 10.8 shall survive the termination of this Agreement. § 10.8.1 The receiving party may disclose “confidential” or “business proprietary” information after 7 days’ notice to the other party, when required by law, arbitrator’s order, or court order, including a subpoena or other form of compulsory legal process issued by a court or governmental entity, or to the extent such information is reasonably necessary for the receiving party to defend itself in any dispute. The receiving party may also disclose such information to its employees, consultants, or contractors in order to perform services or work solely and exclusively for the Project, provided those employees, consultants and contractors are subject to the restrictions on the disclosure and use of such information as set forth in this Section 10.8. § 10.9 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions. If it is determined that any provision of the Agreement violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Agreement shall be construed, to the fullest extent permitted by law, to give effect to the parties’ intentions and purposes in executing the Agreement. ARTICLE 11 COMPENSATION § 11.1 For the Architect’s Basic Services described under Article 3, the Owner shall compensate the Architect as follows: .1 Stipulated Sum Phase I – Conceptual Design (Insert amount) «Lump Sum Fee: One Hundred Eight Thousand Dollars ($108,000) » .2 Percentage Basis Phase II – Bid Documents and Construction Phase Services (Insert percentage value) Prior to Phase II, Client to establish Budget/Stated Cost Limitation (SCL) «Eight and 50/100 » («8.5 » ) % of the Owner’s budget for the Cost of the Work, as calculated in accordance with Section 11.6. .3 Other (Describe the method of compensation) « » § 11.2 For the Architect’s Supplemental Services designated in Section 4.1.1 and for any Sustainability Services required pursuant to Section 4.1.3, the Owner shall compensate the Architect as follows: AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 15:20:00 ET on 07/11/2022 under Order No.2114342581 which expires on 07/10/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1800623977) 21 (Insert amount of, or basis for, compensation. If necessary, list specific services to which particular methods of compensation apply.) « » § 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.2, the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation.) «Hourly rates per 11.7 of this Agreement » § 11.4 Compensation for Supplemental and Additional Services of the Architect’s consultants when not included in Section 11.2 or 11.3, shall be the amount invoiced to the Architect plus «Ten » percent ( «10 »%), or as follows: (Insert amount of, or basis for computing, Architect’s consultants’ compensation for Supplemental or Additional Services.) « » § 11.5 When compensation for Basic Services is based on a stipulated sum or a percentage basis, the proportion of compensation for each phase of services shall be as follows: Phase I – Conceptual Plan Phase II – As follows: Schematic Design Phase One Hundred Percent« » Fifteen Billed percent ( Monthly «15 » %) Design Development Phase «Twenty » percent ( «20 » %) Construction Documents Phase «Forty » percent ( «40 » %) Procurement Phase «Five » percent ( «5 » %) Construction Phase «Twenty » percent ( «20 » %) Total Basic Compensation one hundred percent ( 100 %) § 11.6 When compensation identified in Section 11.1 is on a percentage basis, progress payments for each phase of Basic Services shall be calculated by multiplying the percentages identified in this Article by the Owner’s most recent budget for the Cost of the Work. Compensation paid in previous progress payments shall not be adjusted based on subsequent updates to the Owner’s budget for the Cost of the Work. § 11.6.1 When compensation is on a percentage basis and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. § 11.7 The hourly billing rates for services of the Architect and the Architect’s consultants are set forth below. The rates shall be adjusted in accordance with the Architect’s and Architect’s consultants’ normal review practices. (If applicable, attach an exhibit of hourly billing rates or insert them below.) «Hourly rates as shown in Dickinson Architects proposal dated July 21, 2022. » Employee or Category Rate ($0.00) §11.8 Compensation for Reimbursable Expenses § 11.8.1 Reimbursable Expenses are in addition to compensation for Basic, Supplemental, and Additional Services and include expenses incurred by the Architect and the Architect’s consultants directly related to the Project, as follows: .1 Transportation and authorized out-of-town travel and subsistence; .2 Long distance services, dedicated data and communication services, teleconferences, Project web sites, and extranets; AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 15:20:00 ET on 07/11/2022 under Order No.2114342581 which expires on 07/10/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1800623977) 22 .3 Permitting and other fees required by authorities having jurisdiction over the Project; .4 Printing, reproductions, plots, and standard form documents; .5 Postage, handling, and delivery; .6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .7 Renderings, physical models, mock-ups, professional photography, and presentation materials requested by the Owner or required for the Project; .8 If required by the Owner, and with the Owner’s prior written approval, the Architect’s consultants’ expenses of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits in excess of that normally maintained by the Architect’s consultants; .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses; .11 Registration fees and any other fees charged by the Certifying Authority or by other entities as necessary to achieve the Sustainable Objective; and, .12 Other similar Project-related expenditures. § 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect’s consultants plus «Ten » percent ( «10 » %) of the expenses incurred. §11.9 Architect’s Insurance. If the types and limits of coverage required in Section 2.5 are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect for the additional costs incurred by the Architect for the additional coverages as set forth below: (Insert the additional coverages the Architect is required to obtain in order to satisfy the requirements set forth in Section 2.5, and for which the Owner shall reimburse the Architect.) « » §11.10 Payments to the Architect §11.10.1 Initial Payments § 11.10.1.1 An initial payment of «Zero » ($ «0 » ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner’s account in the final invoice. § 11.10.1.2 If a Sustainability Certification is part of the Sustainable Objective, an initial payment to the Architect of «Zero » ($ «0 » ) shall be made upon execution of this Agreement for registration fees and other fees payable to the Certifying Authority and necessary to achieve the Sustainability Certification. The Architect’s payments to the Certifying Authority shall be credited to the Owner’s account at the time the expense is incurred. §11.10.2 Progress Payments § 11.10.2.1 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect’s invoice. Amounts unpaid «Forty-Five »( «45 » ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of monthly or annual interest agreed upon.) « » % « » § 11.10.2.2 The Owner shall not withhold amounts from the Architect’s compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work, unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.10.2.3 Records of Reimbursable Expenses, expenses pertaining to Supplemental and Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: (Include other terms and conditions applicable to this Agreement.) AIA Document B101™ – 2017. Copyright © 1974, 1978, 1987, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This draft was produced by AIA software at 15:20:00 ET on 07/11/2022 under Order No.2114342581 which expires on 07/10/2023, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail copyright@aia.org. User Notes: (1800623977) 23 « » ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the Owner and Architect. § 13.2 This Agreement is comprised of the following documents identified below: .1 AIA Document B101™–2017, Standard Form Agreement Between Owner and Architect .2 AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, dated as indicated below: (Insert the date of the E203-2013 incorporated into this agreement.) « » .3 Exhibits: (Check the appropriate box for any exhibits incorporated into this Agreement.) [ « » ] AIA Document E204™–2017, Sustainable Projects Exhibit, dated as indicated below: (Insert the date of the E204-2017 incorporated into this agreement.) « » [ « » ] Other Exhibits incorporated into this Agreement: (Clearly identify any other exhibits incorporated into this Agreement, including any exhibits and scopes of services identified as exhibits in Section 4.1.2.) «Augusta Supplementary General Conditions – Exhibit II » .4 Other documents: (List other documents, if any, forming part of the Agreement.) «Dickinson Architects proposal letter dated July 21, 2022. » This Agreement entered into as of the day and year first written above. OWNER (Signature)ARCHITECT (Signature) « »« » «Nicholas Dickinson, II, C.E.O. »« » (Printed name and title) (Printed name, title, and license number, if required) RFQ #22-213 Design Services for Fleet Management New Facilities RFQ Due: Tuesday, May 10, 2022 @ 3:00 p.m. Page 33 of 36 EXHIBIT II AUGUSTA SUPPLEMENTARY GENERAL CONDITIONS TO AIA B101-2017 Supplementary General Conditions, which will be added by Augusta, shall include, but not be limited to the following: •Temporary suspension or delay of performance of contract. To the extent that it does not alter the scope of this agreement, Augusta, Georgia may unilaterally order a temporary stopping of the work or delaying of the work to be performed by Architect under this agreement. •Termination of the Agreement for Default. Failure of the Architect, which has not been remedied or waived, to perform or otherwise comply with a material condition of the Agreement shall constitute default. Augusta, Georgia may terminate this contract is part or in whole upon written notice to the Architect pursuant to this term. •Hold Harmless. Except as otherwise provided in this agreement, Architect shall indemnify and hold harmless Augusta, Georgia, and its employees and agents from and against all liabilities, claims, suits, demands, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from the performance of its Work. •Prohibition against Contingent Fees. The Architect warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by Architect for the purpose of securing business and that the Architect has not received any non-Augusta fee related to this Agreement without the prior written consent of Augusta. For breach or violation of this warranty, Augusta shall have the right to annul this Agreement without liability or at its discretion to deduct from the Agreement Price of consideration the full amount of such commission, percentage, brokerage or contingent fee. •Venue and Jurisdiction. The law of the State of Georgia shall govern the Contract between Augusta and Contractor with regard to its interpretation and performance, and any other claims related to this agreement. All claims, disputes and other matters in question between Augusta and Contractor arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The Contractor, by executing this Agreement, specifically consents to jurisdiction and venue in Richmond County and waives any right to contest the jurisdiction and venue in the Superior Court of Richmond County, Georgia. • Georgia Prompt Pay Act not applicable. The terms of this agreement supersede any and all provisions of the Georgia Prompt Pay Act. RFQ #22-213 Design Services for Fleet Management New Facilities RFQ Due: Tuesday, May 10, 2022 @ 3:00 p.m. Page 34 of 36 • Right to inspect premises. Augusta, Georgia may, at reasonable times, inspect the part of the plant, place of business, or work site of Contractor or any subcontractor of Contractor or subunit thereof which is pertinent to the performance of any contract awarded or to be awarded by Augusta, Georgia. • E-Verify All contractors and subcontractors entering into contracts with Augusta, Georgia for the physical performance of services shall be required to execute an Affidavit verifying its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with Augusta, Georgia has registered with and is participating in a federal work authorization program. All contractors and subcontractors must provide their E-Verify number and must be in compliance with the electronic verification of work authorized programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91 and shall continue to use the federal authorization program throughout the contract term. All contractors shall further agree that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to its contract with Augusta, Georgia the contractor will secure from such subcontractor(s) each subcontractor’s E-Verify number as evidence of verification of compliance with O.C.G.A. § 13-10-91 on the subcontractor affidavit provided in Rule 300-10-01-.08 or a substantially similar form. All contractors shall further agree to maintain records of such compliance and provide a copy of each such verification to Augusta, Georgia at the time the subcontractor(s) is retained to perform such physical services. • Local Small Business Language In accordance with Chapter 10B of the AUGUSTA, GA. CODE, Architect expressly agrees to collect and maintain all records necessary to for Augusta, Georgia to evaluate the effectiveness of its Local Small Business Opportunity Program and to make such records available to Augusta, Georgia. The requirements of the Local Small Business Opportunity Program can be found at www.augustaga.gov. In accordance with AUGUSTA, GA. CODE § 1-10-129(d)(7), for all contracts where a local small business goal has been established, the contractor is required to provide local small business utilization reports. Architect shall report to Augusta, Georgia the total dollars paid to each local small business on each contract, and shall provide such payment affidavits, regarding payment to subcontractors as may be requested by Augusta, Georgia. Such documents shall be in the format specified by the Director of minority and small business opportunities and shall be submitted at such times as required by Augusta, Georgia. Failure to provide such reports within the time period specified by Augusta, Georgia shall entitle Augusta, Georgia to exercise any of the remedies set forth, including but not limited to, withholding payment from the contractor and/or collecting liquidated damages. • Acknowledgement. “Contractor acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Board of Commissioners and approval of the Mayor. Under Georgia law, Contractor is deemed to possess knowledge concerning Augusta, Georgia's ability to assume contractual obligations and the RFQ #22-213 Design Services for Fleet Management New Facilities RFQ Due: Tuesday, May 10, 2022 @ 3:00 p.m. Page 35 of 36 consequences of Contractor’s provision of goods or services to Augusta, Georgia under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that the Contractor may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Contractor agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if the Contractor provides goods or services to Augusta, Georgia in excess of the any contractually authorized goods or services, as required by Augusta, Georgia's Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods or services provided by Contractor. Contractor assumes all risk of non-payment for the provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized, including, without limitation, all remedies at law or equity." This acknowledgement shall be a mandatory provision in all Augusta, Georgia contracts for goods and services, except revenue producing contracts. [SIGNATURES ON FOLLOWING PAGE] Administrative Services Committee Meeting 8/30/2022 1:10 PM RFQ 22-213 Award Contract for Design of New Fleet Management Facility Department:Central Services - Facilities Presenter:Ron Lampkin Caption:Motion to approve award of contract to prepare Construction Documents for construction of New Facilities for Augusta Fleet Management to Dickinson Architects of Augusta in the amount of $108,000 for Phase I and 8.5% of construction costs for Phase II - RFQ 22-213. Background:Augusta Fleet Management (AFM) is currently located at 1568 Broad Street and at 2314 Tobacco Road. The recently approved SPLOST 8 includes funding to construct new facilities for Fleet shop and management operations. This project combines operations for Fleet as well as the Fire Department Heavy Vehicle Shop (AFDHVS) in a single location at the corner of Phinizy Road and Old Louisville Road. The Augusta Space Needs Assessment, completed in 2019, included evaluation of AFM operations. The AFDHVS was not included in this original study and will need to be conducted to make sure near and long term needs for all operations are met. The initial phase of this contract will include validation of the program for AFM, programming of the space needs for the AFDHVS, and then to develop preliminary designs for evaluation, discussion and estimating before moving forward with Phase II. Analysis:RFQ Item 22-213 was issued through the Procurement in accordance with Augusta requirements. Statements of Qualification for this RFP were received on May 10, 2022. The qualifications presented by each firm were carefully reviewed by the Evaluation Committee and ranked based upon qualifications. Based upon the Statements of Qualifications submitted by the firms, Dickinson Architects was determined to offer the best qualifications for the design of this project. Financial Impact:The cost for Phase I, preliminary design services is $108,000. The cost for Phase II, Construction Documents and Administration is 8.5% of construction cost. Alternatives:1. Approve award of contract to prepare Construction Documents for construction of New Facilities for Augusta Fleet Management to Dickinson Architects of Augusta in the amount of $108,000 for Phase I and 8.5% of construction costs for Phase II. 2. Do not approve the award. Recommendation: Approve award of contract to prepare Construction Documents for construction of New Facilities for Augusta Fleet Management to Dickinson Architects of Augusta in the amount of $108,000 for Phase I and 8.5% of construction costs for Phase II. Funds are Available in the Following Accounts: Design for this project is funded through SPLOST VII. Construction costs are bonded from SPLOST VIII. 329-05-1120 / 5212999 216057101 / 5212999 REVIEWED AND APPROVED BY: Procurement. Finance. Law. Administrator. Clerk of Commission