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Home My WebLink About2022-09-13-Meeting Minutes Administrative Services Committee Meeting Commission Chamber - 9/13/2022 ATTENDANCE: ADMINISTRATIVE SERVICES 1. Motion to approve the purchase of one new Slope Mower, Remote Type for $60,332.00 from Jet-Vac of Atlanta, GA for the Utilities Department-Facilities Maintenance Division. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 3-0. Commissioner Bobby Williams Commissioner Francine Scott Passes 2. Presentation by Interim Administrator Douse and discussion by the commission relative to the proposed Gold Cross Contract. (Requested by Commissioner Ben Hasan) Item Action: Rescheduled Motions Motion Type Motion Text Made By Seconded By Motion Result Defer Motion to refer this item to the next committee meeting. Motion Passes 3-0. Commissioner Bobby Williams Commissioner Ben Hasan Passes 3. Motion to approve required due to the fact that purchases on the individual purchase orders will exceed $25,000.00 per order. The following annual bid items: Engineering: ITB 23-023 Asphaltic Concrete ITB 23-104 Light Fleet Parts Utilities: ITB 028 Safety Supplies ITB 23-066 Warehouse Supplies Award Recommendation is for 1 year with an option to extend for 1 additional year. Annual Bid - Service Contract Environmental Services ITB 23-114 Mechanic Block Time Award Recommendation for 3 years with an option to extend for 2 additional years. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 3-0. Commissioner Bobby Williams Commissioner Francine Scott Passes 4. Motion to approve postponing the Augusta, Georgia Strategic plan until 2023.Item Action: Rescheduled Motions Motion Text Made By Seconded By Motion Type Motion Result Approve Motion to approve. Motion Passes 3-0. Commissioner Bobby Williams Commissioner Francine Scott Passes 5. Motion to authorize the submission of the FY2022 CoC Application to HUD, and grant the Mayor the authority to execute all forms associated with the application, to include but not limited to: Submission of the Consolidated Community Application, Priority Listing Exhibit 2 Project Applications, Certifications of Consistency, Conditional Award Technical Submissions, New and Renewal Grant Agreements and Annual Progress Reports (APR). Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 3-0. Commissioner Bobby Williams Commissioner Francine Scott Passes 6. Motion to approve Housing and Community Development Department’s (HCD's) request to provide HOPWA/HOME funding to J. Lovett Homes & Construction LLC, to rehabilitate duplex on Lyman Street to be used as affordable rental properties. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 3-0. Commissioner Bobby Williams Commissioner Francine Scott Passes 7. Motion to approve two (2) Rehabilitation projects.Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 3-0. Commissioner Bobby Williams Commissioner Francine Scott Passes 8. Motion to approve the award of bid #22-189, Augusta Saturday Market - Electrical Improvements in the amount of $305,000.00 to be performed by JHC Corporation utilizing Parks and Recreation Department capital funding. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 3-0. Commissioner Bobby Williams Commissioner Francine Scott Passes 9. Discuss the location of a new fleet building. (Requested by Commissioner Ben Hasan) Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 3-0. Commissioner Bobby Williams Commissioner Francine Scott Passes 10. Motion to approve the minutes of the Administrative Services Committee held on August 30, 2022.Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 3-0. Commissioner Bobby Williams Commissioner Francine Scott Passes 11. Ms. Christine F. Gibson regarding her house being demolished by Augusta Housing & Community Development Department. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Delete Motion to delete this item from the agenda. Motion Passes 3-0. Commissioner Bobby Williams Commissioner Francine Scott Passes 12. Motion to approve award of contract to prepare Construction Documents for converting the former Houghton Elementary School into space for Augusta Juvenile Court System (AJCS) and the Richmond County Board of Elections (RCBE) to Hussey Gay Bell Architects of Savannah, GA in the amount of $99,200 (fixed fee) for Phase I, Programming and Concept Design; and $735,000 (fixed fee) for Full Design and Construction Administration, including a $5,000 allowance for reimbursables. RFP 22-174 Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 3-0. Commissioner Bobby Williams Commissioner Francine Scott Passes 13. Motion to approve purchase of K-9 patrol / transport vehicle and equipment in the amount of $49,614.00. Approved by the Augusta Aviation Commission on July 28, 2022. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Passes Motion to approve. Motion Passes 3-0. Commissioner Bobby Williams Commissioner Francine Scott www.augustaga.gov Augusta Georgia Augusta, GA 30901 Central Services Department, Fleet Management Division 1568-C Broad Street Augusta, GA 30904 To: Procurement Department 535 Telfair Street Attn: Mrs. Geri Sams 'iE $il';-:r ;;:5 i i:i: i rii (706) 821-2892 Phone Date 24-Aug-22 Re:$ole Source Request RC Slope Mower Utilities-Facilities Maintenance We are sending you herewith: Prints lX lDocuments Submittals Samples Cooies Description Date1eaSole Source Packet - RC Slope Mower 08124t22 Receipt Acknowtedged By: W g oa",d{A-SlUryme: l2,,zl ? \(Approved Reiected x For Your Approval ><Approved as Noted Rev & Resubmit For Your Use You Mav Proceed Do Not Proceed PIease Return Gorrected or Approved Gopies cc: File 1 R E M A R K S Mrssams: I 3e6,^ircs &nnrr,,>sion prppra.l & The attached Sole Source Request Packet is to seek approval for the purchase of a Remote Control Slope Mower as requested by the Utilities-Facilities Maintenance Division. We received the identical equipment for another department at the end of 2021using the same process. lt was deemed to be a useful safety conscious mower in an effort to tackle the maintenance of dangerous slope landscaping. Please review when time permits. Thank you Laquona C. Sanderson Specialist - {-r**-u-t t :-y" F (; I A E Vcril?Numbcr:804rm 4tr-16 Datr: Date: Print Form ** (l %Lzt SoIo Source Jurtl1cetlon (Roferenoc Adcle 6 Procurcncnt Source Selccdon Mcthodr eud conhrc Awarda S f -f 0€6 SOIE SOT RGE PR@UREilENT Vendor: Jet-Vac EqulPment ComPany l"lC Cmmoditr RemotecontrqllGd.t ostg- fmim*ed annral expoditure for ths above cmmodity or aervicc: $60.322OO hitiat atl entrice bclow thet annlv to tho pmpogcd purEhlte Afich a mcmoranfrrm mntaining complcte as dkcsrd h ilddd eatry. (Ms,c than os cary will apply to moct sole source pro&rcdserviocs rcqucotod). l. soLE soIlRG REQITEST IS EOR IIIE ORIGINAL I\dANtr cfirREl' oR PROVIDE& IEERB ARE NO REGIONAL DISTRIBTTORS. (Atltoh 6c umufictutr'r tribn ccrtificdion thd no rcgioal dieeibutur qist Ittm no. 4 d8o rlltd be cmpleted) 2. soLE SOIIRffi REQITEST IS FOR ONLY TEE AUGUSTA GOR(ilA AREA DISTRIBUTOR Or uc oRIGIN/tL MANITTACfl RER OR PROVIDR- (Afisdr thc Eoufirtrdr - oot thG di!fiibubr'r - writtcn ccrtificdion &d idcdifics dl rcgioDal disuihttom. Itrm no. 4 also rnud bc corylctcd.) 3. IIIE PARrS/EQIIPI4EX.m ARE ]ftT INTERCIIANGEABTB WTIII SIMILAR PARTS OF AI{OTHER MANUFACfiJRER- (E'xplain in ryrm mcnorandum') 4. TIIIII E TIIBONLY KNOWNmEM OR IIELVIG TIIAT WILLMEETTHB SPECIATIZED NEEDS OF TIIIS DEF RTMET{T OR PERFORM TEE IMENDED Ft NCTION. (Attach mcmorofirn wilt dctailr ofspocializod fnnctio or applicuion') x Naos: SteveOrton Deprm€ntHead Signat Ap,proval Au&mitY: Tm PARTSIEQITIPMEiIT ARE nEQITIBEI) FROM THIII So(IRCE TO PERMIT Sialoenozeiron (emech mc6onnoln rt€s6ibilg bGfu for ctaill6di2ation m$Ht) NO}iIB OF IgE ABOVE APPLY. A DETAILBD EXPTAIiIATION AND JTTSTII]ICATTON FOR TEIS SOLE SOIIR@ RSQITEST E CUI{TAINE) IN AITACSED MEI{ORANDIJI{. The rmdersiped r€qucsb that cmpetitive procmrtmcnt bc wai'/cd and that tho vtndm ideotiffcd as the nrpplier of thc scrrrii o, .airial OcscriU* in Ois goto eouoe justificotion bo aruilqiud ag a sole sorrce for lhe 8tfl'ics mmatcrial. 5. 6. Dcparhctr Administr1torAp,prorm}'Wquina-mtrcquirod)- Ddc: - - COMMENTS: ; -R"t^ireS Co^vv1i ssrb^ ATproLr") nes.se-PtLPdre- G'r\ N^du C<tYt' UTILMES DBPARTMENT Wcl Byrq P.E Dlne(tor r10: TERU: trROM: CC: DATE: GEri Smts Diroctor, frrocurcmgl.fp€,p'artmeilt Wes B1me, YtY,. ) , l, Director, Utili$es ffimccrt Stephen Ort ; 8Dn022 SIIBIECT: ruSTIFICATION FOR SOLE SOURCE Attachd is a $60,332.fi) quotc for the prchase of a TK-S2)(P Tmcked 52" Rotary Mower. The TK-521(P mower qrcrates oompletely by rrmotc contol (ro cables or tethers) and is thc only known itcm trat will p€rmit Utility naintenanoe stafrto safdy mow meas on the Augtsta canal md reservoirs, wbich have slo,pes up to 50 degrees. It ie dmgerous for our staffto uso riding style mowers in thcse reas due to the risk of equipmcnt rcllover. We believe that this cquipm€nt is a saf€r and better alterndive to help us meet oru continuous maintomce needs. AIso attac,hed is a lctter fi,om RC Mowqn desiFafing Jet-Vac Equipment Comeany as tbc sole source prrovider of RC Mowers products in the State of Goorgia Aulutr lltlldcr llcpumat 452 mlkEr St!+ Suib 2CI - Angsta, GA 30901 006.) 3124114 - Fq (706) 3l2rf l23 WWW.AUG'STAGA"GOV Ju\y26,21J,22 RIl RG llournr - Slndo 3otrcc To Whom it May Concern: Thank you foryour interest in RC Mouarc. Our products are designed to mow steep stopes and dltlicutt terrain safety and efffcientty, sotving age-old grounds maintenance probtems with a high-tech and innovative solution. Please note that Jet-is the sote sounce of RC Mowers products in States of Georgia, South Carolina, and Fl,orida Shoutd you have any questions. please feel free to reach out to rne directty. Sincerely. Jordcr fonh.lr I Sates 0perations Managerl RCMOWFRSI.,lSA COM 480-848-8?04 direct 92O-634-X227 ottice 2115 E lherfietd Aye / 9nrnico. tll 51173 W\rYw. rCmOWerSUsE. COrn e&a,2:leilt OSmOrb FUNOASHENFFS ASSOCTATTON fiGeorgie *tEEwlo8l2o22 Quotcd To: Augusta Parlc & Recr€atlon Departmcnt 2027 Lumpldn Rod At G[rsirA GA 30906 SourceuuellA ffi*r locruon: AIIjNTAQu6lumbr: Q00152 EOIIV De/Ep @lO7l2Oi223d..D.ron: ROBSPITIER (678) s25-7938 robOrct{lc.coflinrfont5h! Al.lBER WIIIIAIIS (80t) 84&1138 ambetQJet+nc.om t& propose b ftrmbh the cqulpmsrt dcslbcd h.GIr h 6d fit tha rpccmcadon, tlfttE, ttd condruorr otlfncd. t{EU RC ilOU{ER TK-szXP: REITIOTE OPERATED - rraCked 52" ROtary stock tumber: E000058 l,tachlne serial #: 623065 ltower, 27hp xawasaki engine, 50' llar( slope Addltsonrl Chrl'tc xrritcH, 4500L8Iil TALL, UINCH 59,250.00 Solllrry Pr{co: Tlr: llct Salllng Ptlcel enpUtU 952.00 130.00 60,332.00 60,332.00 fGdlryt dirflOat.cil&td{ad@llC0t{lNrlAr€ VUEB?ltEBEyEttl+l,JOlBllt4lrrSFlOl2AFl0E+PRD tn CHECK ALL TIIAT DATE:8rs12022 DMSION Facllltles Meintenance SHIPTO: 2822 CenEal ave. Augusta"Ga JUSTIFICATI(X{ AIID AUGUSTA UTILITIES DEPARTMENT IN-HOUSE REQUISITION A??LY: @ wrra E ecnpi,arE orxrclr ! ua El scmn ftrors ! oses E um*x E] sfeuEs E smv E *erun fl msrrnol E *nucr flmra ! umnaurrEl orle FORPTIRCHASE: rtr{,,TJI4yTEDI'JY,:a'atu APPIIOVIiDIIYz ',*wfuffi Rev.42912013 REOUISMONf -#.lJ n lJ Ro,rnilE Q rml ! aaearr ! nwarorv @ so-eoucrf] eona E enennel Remote controlled mowerfurthe r$cnoir and canal From: Stephen Orton <Sorton @ausustasa.F,ov> Sent: Thursday, August M,202212:16 PM To: Anthony Sebek <ASebek@augustasa.sov> Subiect Mower Tony, I saw parks and rec. with a mower from RC Mowers that we had been looking at as well do you know if they bought it, it is a remote controlled mower Step he n H. Orto n E IT,CAP,CCST, M aster Electricia n Augusta Utilities Department Maintenance Superintendent Cell- (705) 835-7283 sorton@augustaEa.qov ,,It doesn't make sense to hire smart people and telt them what to do; we hire smart people so they can tell us what to do." Steve Jobs W!4ryJ5ABIE This e-mail contains confidential informatron and is intended only for the individual named. lf you are not lhe named addressee' you should not disseminate. disrribute or copy this e-mail. Please notify lhe sender immediatily by e-mail if you have received this e-mail by mistake and delete this e+nail from your system. The City of Augusta accepts no liability fo; the content of this e{iil 6r for tne consequences of any aciions taken on the basis of the information provided- unless that information is subsequenfly confirmed ln writing. Any views or opintons presented in this e-mail are solely those of the aulhor and do not necessarily represent those o{ the City of Augusta. E-mail transmissions Cannot be guaranieed to be secure or error-free as information could be intercepted, conupted' lost' destroyed, arnve late or incompleG. or contain viruses. The sender therelfore does not accepl liability for any enors or omissions in the content of this message which arise as a result of the e-mail transmission. lf verification is required, please request a hard copy version. AED:104.1 cgt?tFtED Subfect:FW: [EXIERNAL] EQUIPMENT QUOTE: RC MOWER TK-szXP From: Tess T. Thompson <TThompson@augustaga.gov> Sent: Tuesday, August 09,202211:45 AM To: Anthony Sebek <ASebek@augustaga.gov> Cc: Dionne Glover <DGlover@augustaga.gov> Subject RE: IEXTERNALI EQUIPMENT QUOTE: RC MOWER TK-s2xP If they want to proceed with this, please charge to: 506043580-s421120 Currently, there is $50,000.00 in the budget. Dionne can increase it to cover this purchase. Let us know if you may need additional information. Thanks. .,%;;,%,aytnz, MSA Finance Manager Utilities Department Augusta. GA 30901 Tel. No.706-3124147 Fax No.706-3124123 tthompson@ausustam. gov .ff- Water ls Life AUGUSTA UTILITIES r: r '-..:- .- '--.) "For I know the plans I have for you," declares the Lord. "plans to prosper you and not to harm you plans to give you hope and a future!"-Jeremiah 29:l I From: Anthony Sebek <ASebek@auPustaEa.sov> Sent: Tuesday, August 9,202211:31 AM To: Tess T. Thompson <TThomoson@augusta Subfect FW: [EXTERNAI] EQUIPMENTQUOTE: RC MOWERTK-52XP lmportance: High Good morning Tess! Just as a heads up I think Stephen Orton will be reaching out to you for funding to purchase this on a sole source request for $60,332.00 Respectfully, Tony Ofrr*howd.6e"A Anthony M. Sebek Fleet Operations Specialist 1568 Broad Street, Bldg C Augusta, GA 30904 OFFICE: 706-821-2894 asebek@auqustaoa.oov U19n2,1:55 PM BA - Budgot to Actual Figurss(GLJL- Budget @ntrol)) qq Q lnnps://aug'lsoljobvoo2.augustasa.sov/Production/tlavigatfl/tQfi$GU'] LBC =? AUGUSTAGEORGIA Budget to Achral Report By Budget Control kdgcr: GL Fircel Yesr: 2022 Pqa6; 506 0rg Kcy: 506043580 Oblect Codc: 542ll20 Dircclorr Namc:gy11g Budsct Cotrtrol Dcscrlptioo o- Budgtt: PE AtOlz Otll9l2022 Brlance AS Complete Budcet Act[rl Encumbrrnce Capital Outlay Ibtal Rcvenuc Totd Erpenrc Net 5r.000.00 0.00 5t,000.00 0.00 0.00 0.00 0.00 ---- 61,1n0.00 0.00 - 0.00 51'000.00 --- (61,000.00) 0.00 0.00 (6r.0{10.00) Urr IDr A391663 - Ailhm,/ Scbct RrDorr tD: GLIQBAGLTLBC - BA - BldrEl to Aohtsl Figuc6(GUL CumtDil.:0649f2022 Curertflor: l3;55;16 hfips://lsohreb.augustaga.gov/Flnanoe/cddly'lewReport.aspx?Repoil=oA7b,037E6FCS4811.(176-93F+50F74F3D261E%7d&StoragB=au9'lsolap$0... 1n Ir.^tl".'-'ttr- rt\ 4fiif {n*',r . .t:."r; d':r H'i i ;S,'' I i,::1" i.. - ,elc tb1.. l r.'!,t, l_l ^--i ti^ _I +.l-.-j#, ,i;h i .:*ffi '',..'. ' ,l^lri.i1.:,i.'i .: .,!-i,,. :.4,\ _.:- .1, - -til -l ,ff ,ll- t{fJr',B- E-€r-.ffi* -t { ffi,3r< .;I#+?, t Administrative Services Committee Meeting 9/13/2022 1:05 PM 2022 - Utilities-FM Slope Mower Department:Central Services Presenter:Ron Lampkin Caption:Motion to approve the purchase of one new Slope Mower, Remote Type for $60,332.00 from Jet-Vac of Atlanta, GA for the Utilities Department- Facilities Maintenance Division. Background:The Utilities Department-Facilities Maintenance Division is requesting to purchase one new remote controlled Tracked Slope Mower, to support its service operations throughout Augusta-Richmond County. This mower type is being requested for use on a variety of extreme slopes that are required to be maintained and in the interest of employee safety concerns. This equipment will allow for safe and efficient landscaping operations when the slopes present a safety hazard to the employee. Analysis:This request is for the approval to purchase of the Jet – Vac Remote Mower through sole-source procurement. The equipment type required is only offered by one local vendor. Financial Impact:One (1) – 2022/2023 RC Mower 52” TK-52XP at $60,332.00 each. The total purchase is $60,332.00 for the Utilities Department-Facilities Maintenance Division. The equipment will be purchased using the following account #506-04-3580/54.21120. Alternatives:(1) Approve the request; (2) Do not approve the request Recommendation:Approve the purchase of one (1) – 2022/2023 Tracked Slope Mower, Remote Type for the Utilities Department-Facilities Maintenance Division for $60,332.00 from Jet-Vac of Atlanta, GA. Funds are Available in the Following Accounts: account #506-04-3580/54.21120. REVIEWED AND APPROVED BY: Procurement Finance Law Administrator Clerk of Commission Proposed Augusta, EMS Contract 01708888-1 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 01708888-1 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 01708888-1 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, provided however, that if a QRV is first on scene and determines that the Priority of the call is upgraded or downgraded, then the Response Time for the ambulance shall commence at the time the Priority of the call is communicated by the QRV. Proposed Augusta, EMS Contract 01708888-1 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. Proposed Augusta, EMS Contract 01708888-1 01704214-1 Page | 5 All terms and conditions of this Contract shall remain in force with each automatic renewal. 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, Proposed Augusta, EMS Contract 01708888-1 01704214-1 Page | 6 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 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 Proposed Augusta, EMS Contract 01708888-1 01704214-1 Page | 7 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 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. Contractor shall have a six month period from the Effective Date to comply with this provision. 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 Proposed Augusta, EMS Contract 01708888-1 01704214-1 Page | 8 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. 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. Proposed Augusta, EMS Contract 01708888-1 01704214-1 Page | 9 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 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 Proposed Augusta, EMS Contract 01708888-1 01704214-1 Page | 10 allow the AFD Representative administrative access to their County related data stored on the GEMSIS server. 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: Proposed Augusta, EMS Contract 01708888-1 01704214-1 Page | 11 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 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 Proposed Augusta, EMS Contract 01708888-1 01704214-1 Page | 12 provided. In addition to the above exceptions from response time requirements, response time requirements shall be exempted for late responses as follows: a. Responses cancelled prior to the arrival of Contractor on scene; b. Responses not resulting in patient contact; c. Responses during an unpredictable system overload period. Overload shall be defined as when the number of requests for service exceeds ten current calls and all ambulances as required by Section 2.3 are dispatched. When the system is in a period of overload, all non-compliant calls during that period shall be automatically exempted; d. 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); e. 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; f. 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 g. 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 Proposed Augusta, EMS Contract 01708888-1 01704214-1 Page | 13 location or when QRV arrives at the designated location when patient transport is not required, provided however, that if a QRV is first on scene and determines that the Priority of the call is upgraded or downgraded, then the Response Time for the ambulance shall commence at the time the Priority of the call is communicated by the QRV. 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 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. Proposed Augusta, EMS Contract 01708888-1 01704214-1 Page | 14 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 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. Proposed Augusta, EMS Contract 01708888-1 01704214-1 Page | 15 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, 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. Proposed Augusta, EMS Contract 01708888-1 01704214-1 Page | 16 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 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 Proposed Augusta, EMS Contract 01708888-1 01704214-1 Page | 17 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 statement for services 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 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 a 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 and 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 Proposed Augusta, EMS Contract 01708888-1 01704214-1 Page | 18 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, 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. Proposed Augusta, EMS Contract 01708888-1 01704214-1 Page | 19 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 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 01708888-1 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 01708888-1 01704214-1 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 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. Proposed Augusta, EMS Contract 01708888-1 01704214-1 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 entering into this Contract and the parties acknowledge that Contractor is a privately owned business. Proposed Augusta, EMS Contract 01708888-1 01704214-1 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. [Signature Page Follows] Proposed Augusta, EMS Contract 01708888-1 01704214-1 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 01708888-1 01704214-1 EXHIBIT A Proposed Augusta, EMS Contract 01708888-1 01704214-1 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 9/13/2022 1:05 PM 2022-29-08 Proposed Gold Cross Contract Department:Augusta Commission Presenter:Commissioner Ben Hasan Caption:Presentation by Interim Administrator Douse and discussion by the commission relative to the proposed Gold Cross Contract. (Requested by Commissioner Ben Hasan) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Purpose: Sec. 1-10-58. Annual contracts. Local Vendors 2022 Amounts Budget Comments 23-023 Reeves Construction $37,800.00 $207,230.00 23-104 NO $5,871.76 $30,000.00 23-114 NO $394,207.02 $500,000.00 23-028 Dillon Supply, ET Industrial $3,636.48 $75,000.00 23-066 Fortline ET Industrial Supply Dillon Supply $529,314.50 $1,000,000.00 $970,829.76 $1,812,230.00 Mechanic Block Time Yancy Brothers O' Reilly Auto Parts Sec. 1-10-48. Generally. The following sections provide detailed information concerning the use of the seven (7) source selection methods available for use for the procurement of commodities, services and construction products for Augusta, Georgia. The seven methods are:(1) sealed bids, (2) sealed proposals, (3) special services, (4) quotations or informal bids, (5) sole source, (6) emergency procurement and (7) annual contracts. A significant portion of the Augusta, Georgia Annual Budget is committed each year to various purchase contracts such as raw materials, equipment, equipment parts or components, general supplies, and professional and non-professional services. Therefore, it is essential that maximum value be obtained for each public tax dollar spent. A proven technique for obtaining this goal is through the annual bid contract process, Upon approval of an annual contract by the Board of Commissioners (or the Administrator for annual bids of up to $25,000), any using agency may order supplies or services under such annual contract as needed up to the maximum amount approved in the annual bid. PROCUREMENT SOURCE SELECTION METHODS AND CONTRACT AWARDS Total Sec. 1-10-58. Annual Contracts. Purchases on the following annual bid items will exceed $25,000.00 per order: Upon approval of an annual contract by the Board of Commissioners (or the Administrator for annual bids of up to $25,000), any using Purchases on the following annual bid items will exceed $25,000.00 per order: Description Recommended Vendors Engineering and Environmental Services Department Asphaltic Concrete Reeves Construction Company Safety Supplies Dillon Supply, ET Industrial Utilities Department Warehouse Supplies Fortline ET Industrial Supply Dillon Supply Light Fleet Parts Administrative Services Committee Meeting 9/13/2022 1:05 PM Annual Bid Approval - Approval Request #1 Department:Procurement Presenter:Geri Sams Caption:Motion to approve required due to the fact that purchases on the individual purchase orders will exceed $25,000.00 per order. The following annual bid items: Engineering: ITB 23-023 Asphaltic Concrete ITB 23-104 Light Fleet Parts Utilities: ITB 028 Safety Supplies ITB 23-066 Warehouse Supplies Award Recommendation is for 1 year with an option to extend for 1 additional year. Annual Bid - Service Contract Environmental Services ITB 23-114 Mechanic Block Time Award Recommendation for 3 years with an option to extend for 2 additional years. Background:Each item has been bid through the sealed bid process as directed in the Augusta Procurement Code. The User Departments have reviewed the submittals and has presented a recommendation of award to the Procurement Department. Analysis:The User Departments are responsible for the purchase of the items listed on the individual bids. Financial Impact:Purchases will be made on an as needed basis. Various funds provided by the User Departments. Alternatives:Not to award and require the User Departments to follow the purchasing guidelines as listed in the Augusta Procurement Code for each individual purchase. Recommendation:Award the annual bids as requested. Funds are Available in the Following Accounts: Various funds provided by the User Departments. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Administrative Services Committee Meeting 9/13/2022 1:05 PM Augusta Richmond County Strategic Plan Department:Office of the Administrator Presenter:Interim Administrator Douse Caption:Motion to approve postponing the Augusta, Georgia Strategic plan until 2023. Background:On July 31, 2021, the Augusta Commission approved entering into a contract with the Carl Vinson Institute to facilitate the strategic plan process and final presentation. Former Administrator Donald suggested Community partners as a part of the steering committee. In 2023, the Augusta Commission will have four new members as well a new Administrator. In light of this change in leadership it is in Augusta’s best interest to postpone the current strategic planning efforts until 2023. Analysis:The Steering Committee will meet regularly with the consultant to build consensus on priorities identified through the Augusta-Richmond County Commission. Financial Impact:No; A no cost extension will be granted. Alternatives:1. To approve the motion 2. To move to no action Recommendation:A motion to approve postponing the Augusta Strategic plan for August until 2023. Funds are Available in the Following Accounts: A no cost extension will be granted. REVIEWED AND APPROVED BY: Clerk of Commission Administrative Services Committee Meeting 9/13/2022 1:05 PM FY2022 Continuum of Care Application Submission Approval Request Department:HCD Presenter:Hawthorne Welcher, Jr. and/or HCD Staff Caption:Motion to authorize the submission of the FY2022 CoC Application to HUD, and grant the Mayor the authority to execute all forms associated with the application, to include but not limited to: Submission of the Consolidated Community Application, Priority Listing Exhibit 2 Project Applications, Certifications of Consistency, Conditional Award Technical Submissions, New and Renewal Grant Agreements and Annual Progress Reports (APR). Background:Each year, the City of Augusta’s Housing & Community Development (HCD) Department applies to HUD through an annual Notice of Funding Availability (NOFA) for the Continuum of Care Programs. This application is not an Entitlement Grant but a competitive application process. These funds are used to support the Homeless Information Management System (HMIS), for administrative services, supplies and to provide technical support to the City of Augusta’s collaborating homeless service agencies. This grant renews each year for the same time and amount, October 1 to September 30 (HMIS Program - $184,475). Additionally, HCD will be renewing a Rapid Rehousing project that was first awarded in the FY2021 NOFO competition and will begin operation in January 2023 (RRH Program - $186,208). There are two (2) additional renewal projects from partner agencies funded as a part of the Augusta, Georgia Continuum of Care. These partner agency agreements are administered directly between HUD and the respective non-profit agencies and only require execution by the Mayor of a Certification of Consistency with the Consolidated Plan to meet submission requirements set forth by HUD. The authority to sign these Certifications of Consistency with Augusta’s HUD-approved Consolidated Plan is requested and approved by Commission as part of each year’s Annual Action Plan submission approval. Analysis:Approval will allow the City of Augusta, in unison with local non-profit community Partner Agencies, to continue providing these comprehensive services to the homeless population of Augusta-Richmond County. Financial Impact:These are additional grant funds awarded by HUD through a competitive application process to the City of Augusta, through HCD, for continued operation of the Homeless Information Management System (HMIS) and related services (HMIS Program - $184,475). Additionally, HCD will be renewing a Rapid Rehousing project that was first awarded in the FY2021 NOFO competition and will begin operation in January 2023 (RRH Program - $186,208). Currently, there are two (2) additional projects funded through this application for Partner Agencies: 1 Supportive Services Only for Coordinated Entry and 1 Permanent Supportive Housing Program. Alternatives:Deny HCD’s request to submit this application and decline funding for the local Homeless Information Management System (HMIS), Rapid Rehousing project and two (2) additional Partner Agency projects. Recommendation:Approve submission of the FY2022 CoC Application to HUD, and grant the Mayor the authority to execute all forms associated with the application, to include but not limited to: Submission of the Consolidated Community Application, Priority Listing Exhibit 2 Applications, Certifications of Consistency, Conditional Award Technical Submission Applications, New and Renewal Grant Agreements and Annual Progress Reports (APR). Funds are Available in the Following Accounts: Housing and Urban Development (HUD) Funds: Continuum of Care (CoC). Org Key # 221073215. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission 1 CONTRACT between AUGUSTA, GEORGIA And WC LOVETT CONSTRUCTION, L.P. in the amount of $376,320.00 Three Hundred Seventy-Six Thousand Three Hundred Twenty Dollars for Fiscal Year 2023/2024 Providing funding for HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS HOME INVESTMENT PARTNERSHIPS PROGRAM “2526-2528 Lyman Street” THIS AGREEMENT (“Contract”), is made and entered into as of the ____ day of ________, 2022 (“the effective date”) by and between Augusta, Georgia, acting through the Housing and Community Development Department (hereinafter referred to as “HCD”) - with principal offices at 510 Fenwick Street, Augusta, Georgia 30901, as party of the first part, hereinafter called "Augusta", and J. Lovett HOPWA/HOMEs & Constructions, LLC, a Georgia limited partenership company, organized pursuant to the Laws of the State of Georgia, hereinafter called "Lovett Construction” as party in the second part. WITNESSETH WHEREAS, Augusta is qualified by the U. S. Department of Housing and Urban Development (hereinafter called HUD) as a HOPWA/HOME Program Participating Jurisdiction, and has received HOPWA/HOME Investment Partnerships Act (hereinafter called HOPWA/HOME or the HOPWA/HOME Program) funds from HUD for the purpose of providing and retaining affordable housing for HOPWA/HOME Program eligible families; as defined by HUD; and WHEREAS, Augusta wishes to increase HOPWA/HOME rental opportunities and preserve and increase the supply of affordable housing for HOPWA/HOME Program eligible low- and moderate- income families through eligible uses of its HOPWA/HOME Program grant funds, as described in the Augusta-Richmond County Consolidated Plan 2020-2024, and the Year 2023 Annual Action Plan; and WHEREAS, Augusta wishes to enter into a contractual agreement with Lovett Construction for the administration of HOPWA/HOME eligible affordable housing development activities; and WHEREAS, this activity has been determined to be eligible HOPWA/HOME activity according to 24 CFR 92.504(c)(13) and will meet one or more of the national objectives and criteria outlined in Title 24 Code of Federal Regulations, Part 92 of the Housing and Urban Development regulations. 2 WHEREAS, Lovett Construction has agreed to provide services funded through this contract free from political activities, religious influences, or requirements; and WHEREAS, WC Lovett Construction, L.P. has been selected via bidding process to perform construction related activities on behalf of Augusta Housing and Community Development to rehabilitate a duplex located at 2526-2528 Lyman Street, WHEREAS, Lovett Construction, has been has approved a total of $376,320.00 in grant funds to perform HOPWA/HOME/HOPWA eligible activities as described in Article I, to provide a low- income rental housing development partnership of rehabilitating duplex in the Dover/Lyman Community, WHEREAS, Lovett Construction will serve as a developer/contractor that will provide services as indicated in the scope of services, NOW, THEREFORE, the parties of this contract for the consideration set forth below, do here and now agree to the following terms and conditions: ARTICLE I. SCOPE OF SERVICES A. Scope of Services Project Description: Lovett Construction agrees to utilize approved HOPWA/HOME/HOPWA funds to support project related costs associated with the rehabilitation of the duplex. This project is an affordable housing effort which involves the rehabilitation of a duplex unit to be used as rental property to house low to moderate income individuals HOPWA eligible tenants. Under this contract, Lovett Construction shall: Perform demolition and clearing of sites, Perform rehabilitation services for the duplex (2) rental units, Perform all required and requested marketing and advertising activities; in accordance with “HOPWA/HOME” program “Fair Housing” regulations, Upon the completion of construction, the units will revert to permanent ownership of the Augusta Georgia Land Bank Authority. B. Use of Funds: HOPWA/HOPWA/HOME funds shall be used by Lovett Construction for the purposes and objectives stated in Article I, Scope of Services, and Exhibit “A” of this contract. The use of funds for any other purpose(s) is not permitted. The following summarizes the proposed uses of HOPWA/HOME Program funds under this contract: 1. Rehabilitation An amount not to exceed $ 376,320.00 in grant funding shall be expended by Lovett Construction from Year 2020 HOPWA/HOPWA/HOME funds for rehabilitation costs related to the development of 2 affordable housing units. The design and specifications has been approved and agreed upon by AHCD prior to rehabilitation (Exhibit A). Funds will be used to assist with the cost of the following items: permits, concrete & masonry, framing, , finish carpentry, exterior wall framing, rough plumbing, rough HVAC, rough electric and all other 3 hard construction related fees. These units will be constructed by Lovett Construction and rented to eligible low and very-low-income persons. The address for this project (a) 2526-2528 Lyman Street, Augusta, Georgia 30904 Lovett Construction may request a change in address through a written request. C. Program Location and Specific Goals to be Achieved Lovett Construction shall conduct project development activities and related services in its project area that incorporates the following boundaries: King and Sibley Mill Complex (Tax map parcel #036-1-003-00-0, tract B-1) and its designated geographic boundaries approved by AHCD. D. Project Eligibility Determination It has been determined that the use of HOPWA/ HOPWA/HOME funds Lovett Construction will be in compliance with 24 CFR Part 92. Notwithstanding any other provisions of this contract, Lovett Construction shall provide activities and services as described in the description of the project, including use of funds, its goals and objectives, tasks to be performed and a detailed schedule for completing the tasks for this project as provided in Exhibit A of this contract. ARTICLE II. BUDGET AND METHOD OF PAYMENT Lovett Construction will be compensated in accordance with this Article II, Budget and Method of Payment, that specifically identifies the use of HOPWA/HOME/HOPWA and other project funding as represented in Article II. D.2 of this Contract. Lovett Construction will carry out and oversee the implementation of projects to be funded with HOPWA/HOPWA/HOME funds. Lovett Construction agrees to perform the required services under the general coordination of the Augusta Housing and Community Development Department. In addition and upon approval by Augusta, Lovett Construction, may engage the services of outside professional services consultants and contractors to help carry out the program and projects. A. Augusta shall designate and make HOPWA/HOME Project funds available in the following manner: 1. Augusta agrees to pay Lovett Construction, a maximum of $ 376,320.00 under this agreement for project expenses incurred as outlined in ARTICLE I, Scope of Services, subject to Lovett Construction compliance with all terms and conditions of this contract and the procedures for documenting expenses and activities as set forth in ARTICLE V. 2. The method of payment shall be on a reimbursement basis. For invoicing, Lovett Construction will include documentation showing proof of payment in the form of a cancelled check or check register and completed reimbursement form that includes amount requested, amount remaining and specific line items name that relate to contract budget. A copy of the reimbursement form (as well as other prudent forms) shall be provided after contract execution by all parties. 4 3. AHCD will monitor the progress of the project and Lovett Construction performance weekly with regards to the production of housing units and the overall effectiveness of the project. 4. Lovett Construction will be required to participate in bi-weekly construction meetings. 5. This project will consist of HOPWA and HOPWA/HOME funds. Rehabilitation activities will be utilize $ 274,178.00 in 2020 HOPWA funds and $ 102,142.00 in 2020 HOPWA/HOME funds. 6. Upon the termination of this contract, any unused or residual funds remaining shall revert to Augusta and shall be due and payable on such date of the termination and shall be paid no later than thirty (30) days thereafter. 7. Funds may not be transferred from line item to line item in the project budget without the prior written approval of Augusta. 8. The use of funds described in this contract is subject to the written approval of the U. S. Department of Housing and Urban Development. 9. This contract is based upon the availability of HOPWA/HOPWA/HOME Program Funds. B. Project Financing The Augusta Housing and Community Development Department (AHCD) will fund no more than $ 376,320.00 of the total development costs of a single project and seeks to provide Lovett Construction with the necessary HOPWA/HOPWA/HOME Funding. The project has been underwritten in accordance with underwriting standards and criteria of Augusta and that the amount of subsidy provided is appropriate. C. Timetable for Completion of Project Activities 1. Lovett Construction shall obligate the designated HOPWA/HOME within twelve (12) months of the date of execution of this Contract. Based on the budget outlined in D.2 below, Lovett Construction will provide a detailed outline of critical project milestones and projected expenditures during the course of the development project in the form provided in Exhibit C. These documents will become an official part of the contractual agreement and provide the basis for overall project performance measurements. D. Project Budget: Limitations 1. Lovett Construction shall be paid a total consideration of $366,320.00 for full performance of the services specified under this contract. Any cost above this amount shall be the sole responsibility of Lovett Construction. It is also understood by both parties to this contract that the funding provided under this contract for this specific project shall be the only funds provided by Augusta – unless otherwise agreed to by Augusta and Lovett Construction. 2. Lovett Construction shall adhere to the following budget in the performance of this contract. 5 A. Project Activity Cost $ 376,320.00 Rehabilitation 366,320.00 Contingency (Used at discretion of HCD) 10,000.00 TOTAL HOPWA/HOME PROJECT COST: $ 376,320.00 Funding Breakout: 2020 HOPWA Funding: $ 274,178.00 2020 HOME Funding: $ 102,142.00 ARTICLE III - QUALIFICATION AS AFFORDABLE HOUSING - RENTAL [24 CFR 92.252] The HOPWA/HOME-assisted units in a rental housing project must be occupied only by households that are eligible as low-income families and must meet the following requirements to qualify as affordable housing. The affordability requirements also apply to the HOPWA/HOME-assisted non- owner-occupied units in single family housing purchased with HOPWA/HOME funds in accordance with 92.254. a. Rent limitation. HUD provides the following maximum HOPWA/HOME rent limits. The maximum HOPWA/HOME rents are the lessor of: 1. The fair market rent of existing housing for comparable units in the area as established by HUD under 24 CFR 888.111; or 2. A rent that does not exceed 30 percent of the adjust income of a family whose annual income equals 65 percent of the median income for the are, as determined by HUD, with adjustments for number of bedrooms in the unit. The HOPWA/HOME rent limits provided by HUD will include average occupancy per unit and adjusted income assumptions. b. Additional Rent limitation In rental projects with five or more HOPWA/HOME-assisted rental units, twenty (20) percent of the HOPWA/HOME-assisted units must be occupied by very low income families. ARTICLE IV. TERM OF CONTRACT The term of this contract shall commence on the date when this contract is executed by Augusta and Lovett Construction (whichever date is later) and shall end at the completion of all program activities, within the time specified in Article II.C, or in accordance with ARTICLE X: Suspension and Termination. ARTICLE V. DOCUMENTATION AND PAYMENT A. This is a pay-for-performance contract and in no event shall Augusta provide advance funding to Lovett Construction, or any subcontractor hereunder. All payments to Lovett Construction by Augusta will be made on a reimbursement basis. 6 B. Lovett Construction shall maintain a separate account and accounting process for HOPWA/HOME funding sources. C. Lovett Construction shall not use these funds for any purpose other than the purpose set forth in this Contract. D. Subject to Lovett Construction's compliance with the provisions of this Contract, Augusta agrees to reimburse all budgeted costs allowable under federal, state, and local guidelines. E. All purchases of capital equipment, goods and services shall comply with the procurement procedures of OMB Circular A-110 "Uniform Administrative Requirements for Grant Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations" as well as the procurement policy of Augusta. F. Requests by Lovett Construction for payment shall be accompanied by proper documentation and shall be submitted to HCD, transmitted by a cover memo, for approval no later than thirty (30) calendar days after the last date covered by the request. For purposes of this section, proper documentation includes: "Reimbursement Request" form supplied by HCD, copies of invoices, receipts, other evidence of indebtedness, budget itemization and description of specific activities undertaken. Invoices shall not be honored if received by Augusta later than sixty (60) calendar days after expiration date of this Contract. G. Lovett Construction shall maintain an adequate financial system and internal fiscal controls. H. Unexpended Funds: Unexpended funds shall be retained by Augusta. Upon written request, Augusta may consider the reallocation of unexpended funds to eligible projects proposed by the Lovett Construction. ARTICLE VIII ADMINISTRATIVE REQUIREMENTS A. Conflict of Interest Lovett Construction agrees to comply with the conflict of interest provisions contained in 24 CFR 85.36, 570.611, OMB Circular A-110 and OMB Circular A-102 as appropriate. This conflict of interest provision applies to any person who is an employee, agent, consultant, officer, or elected official or appointed official of Lovett Construction. No person described above who exercises, may exercise or has exercised any functions or responsibilities with respect to the HOPWA/HOME activities supported under this contract; or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain any financial interest or benefit from the activities, or have a financial interest in any contract, sub-contract, or agreement with respect to the contract activities, either for themselves or those with whom they have business or family ties, during their tenure or for one year thereafter. For the purpose of this provision, "family ties", as defined in the above cited volume and provisions of the Code of Federal Regulations, include those related as Spouse, Father, Mother, Father-in-law, Mother-in-law, Step-parent, Children, Step-children, Brother, Sister, Brother-in-law, Sister-in-law, Grandparent, Grandchildren of the individual holding any interest in the subject matter of this Contract. Lovett Construction in the persons of Directors, Officers, Employees, Staff, Volunteers and Associates such as Contractors, Sub-contractors and Consultants shall sign and submit a Conflict of Interest Affidavit. (Affidavit form attached as part in parcel to this Contract. 7 B. Augusta may, from time to time, request changes to the scope of this contract and obligations to be performed hereunder by Lovett Construction. In such instances, Lovett Construction shall consult with HCD/Augusta on any changes that will result in substantive changes to this Contract. All such changes shall be made via written amendments to this Contract and shall be approved by the governing bodies of both Augusta and Lovett Construction. C. Statutes, regulations, guidelines, and forms referenced throughout this Contract are listed in Appendix A and are attached and included as part in parcel to this Contract. ARTICLE IX. OTHER REQUIREMENTS A. Fair Housing Lovett Construction agrees that it will conduct and administer HOPWA/HOME activities in conformity with Pub. L. 88-352, "Title VI of the Civil Rights Act of 1964", and with Pub. L. 90-284 "Fair Housing Act", and that it will affirmatively further fair housing. One suggested activity is to use the fair housing symbol and language in Lovett Construction publications and/or advertisements. (24 CFR 570.601). B. Ownership Interest Lovett Construction agrees that the ownership in the housing assisted must meet the definition of “HOPWA/HOME ownership” in §92.2. C. Non-Discrimination Lovett Construction agrees to comply with 24 CFR Part I, which provides that no person shall be excluded from participation in this project on the grounds of race, color, national origin, or sex; or be subject to discrimination under any program or activity funded in whole or in part with federal funds made available pursuant to the Act. D. Labor Standards 1. General: Lovett Construction agrees that in instances in which there is construction work over $2,000 financed in whole or in part with HOPWA/HOME funds under this Contract, Lovett Construction will adhere to the Davis-Bacon Act (40 USC 276), as amended, which requires all laborers and mechanics working on the project to be paid not less than prevailing wage-rates as determined by the Secretary of Labor. By reason of the foregoing requirement, the Contract Work Hours and Safety Standards Act (40 USC 327 et seq.) also applies. These requirements apply to the rehabilitation of residential property only if such property contains eight or more units. (24 CFR 570.603) 2. Labor Matters: No person employed in the work covered by this contract shall be discharged or in any way discriminated against because he or she has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable hereunder to his or her employer. (24 CFR 570.603) 8 E. Environmental Standards Lovett Construction agrees that in accordance with the National Environmental Policy Act of 1969 and 24 CFR part 58, it will cooperate with Augusta/HCD in complying with the Act and regulations, and that no activities will be undertaken until notified by Augusta/HCD that the activity is in compliance with the Act and regulations. Prior to beginning any project development activity, an environmental review must be conducted by the Augusta-Richmond County Planning Department pursuant to (24 CFR 570.604). E. Flood Insurance Consistent with the Flood Disaster Protection Act of 1973 (42 USC 4001-4128), Lovett Construction agrees that HOPWA/HOME funds shall not be expended for acquisition or construction in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards (representing the 100-year floodplain). Exceptions will be made if the community is participating in the National Flood Insurance Program or less than a year has passed since FEMA notification and flood insurance has been obtained in accordance with section 102(a) of the Flood Disaster Protection Act of 1973. G. Displacement and Relocation Lovett Construction agrees to take all reasonable steps to minimize displacement of persons as a result of HOPWA/HOME assisted activities. Any such activities assisted with HOPWA/HOME funds will be conducted in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) and the Housing and Community Development Act of 1974 (24 CFR 570.606). H. Non-Discrimination in Employment Lovett Construction agrees to comply with Executive Order 11246 and 12086 and the regulations issued pursuant thereto (41 CFR 60) which provides that no person shall be discriminated against on the basis of race, color, religion, sex or national origin. Lovett Construction will in all solicitations or advertisements for employees placed by or on behalf of Lovett Construction; state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin or familial status. I. Employment and Business Opportunities Lovett Construction agrees that low- and moderate-income persons residing within Augusta- Richmond County; and that contracts for work in connection with the project be awarded to eligible business concerns which are located in or owned in substantial part by persons residing in Augusta-Richmond County - (24 CFR 570.697). J. Lead-Based Paint In accordance with Section 92.355 of the HOPWA/HOME Regulations and Section 570.608 of the CDBG Regulations, Lovett Construction agrees to comply with the Lead Based Paint Poisoning Prevention Act pursuant to prohibition against the use of lead-based paint in residential structures and to comply with 24 CFR 570.608 and 24 CFR 35 with regard to 9 notification of the hazards of lead-based paint poisoning and the elimination of lead-based paint hazards. K. Debarred, Suspended or Ineligible Contractor Lovett Construction agrees to comply with 24 CFR 570.609 with regards to the direct or indirect use of any contractor during any period of debarment, suspension or placement in ineligibility status. No contract will be executed until such time that the debarred, suspended or ineligible contractor has been approved and reinstated by HCD. L. Drug Free Workplace In accordance with 24 CFR part 24, subpart F, Lovett Construction agrees to administer a policy to provide a drug-free workplace that is free from illegal use, possession or distribution of drugs or alcohol by its beneficiaries as required by the Drug Free Workplace Act of 1988. M. Publicity Any publicity generated by Lovett Construction for the project funded pursuant to this Contract, during the term of this Contract or for one year thereafter, will make reference to the contribution of Augusta-Richmond County in making the project possible. The words "Augusta-Richmond County Department of Housing and Community Development" will be explicitly stated in any and all pieces of publicity; including but not limited to flyers, press releases, posters, brochures, public service announcements, interviews, and newspaper articles. N. Timely Expenditure of Funds In accordance with 24 CFR 85.43, if Lovett Construction fails to expend its grant funds in a timely manner, such failure shall constitute a material failure to comply with this Contract and invoke the suspension and termination provisions of ARTICLE X. For purposes of this Contract, timely expenditure of funds means Lovett Construction shall obligate and expend its funds as designated under ARTICLE II. (B). O. Compliance with Laws and Permits Lovett Construction shall comply with all applicable laws, ordinances and codes of the federal, state, and local governments and shall commit no trespass on any public or private property in performing any of the work embraced by this contract. Lovett Construction agrees to obtain all necessary permits for intended improvements or activities. P. Assignment of Contract Lovett Construction shall not assign any interest in this contract or transfer any interest in the same without the prior written approval of Augusta. Q. Equal Employment Opportunity Lovett Construction agrees to comply with the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing 10 regulations at 24 CFR part 146 and the prohibitions against otherwise qualified individuals with handicaps under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR part 8. For purposes of the emergency shelter grants program, the term dwelling units in 24 CFR part 8 shall include sleeping accommodations. R. Affirmative Action Lovett Construction will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, or familial status. Lovett Construction will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, or social status. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or advertising; lay-off or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. Lovett Construction agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by Augusta setting forth the provisions of this nondiscrimination clause. Lovett Construction agrees to make efforts to encourage the use of minority and women-owned business enterprises in connection with HOPWA/HOME supported activities. S. Religious Influence Lovett Construction will not discriminate against any employee or applicant for employment based on religion and will not give preference of persons based on religion. Lovett Construction will not discriminate against any person applying for shelter on the basis of religion. Lovett Construction will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no religious influence in the provision of shelter and other eligible activities funded by this grant. T. Indirect Costs Indirect costs will only be paid if Lovett Construction has indirect cost allocation plan approved by the Department of Housing and Urban Development prior to the execution of this Contract. U. Travel If applicable, Lovett Construction shall obtain prior written approval from the Grantee for any travel outside the State of Georgia with funds provided under this contract. All Federal Travel Regulations are applicable (41 CFR Part 301). V. Construction Requirements - SEE APPENDIX C All housing units [rehabilitated, reconstructed or newly constructed] and assisted with HOPWA/HOME Program funds must, before occupancy, meet the Property Standards specified at 25 CFR 92.251 [the HOPWA/HOME Program Regulations]. The Property Standards at 24 CFR 92.251 require that the HOPWA/HOMEs receiving HOPWA/HOME Program funds must meet all local codes for new construction. In the absence of local codes, properties must meet the HUD Section 8 Housing Quality Standards [HQS]. All housing assisted under this Contract is “new construction” by HOPWA/HOME Program definition and 11 therefore must meet the local building codes for new housing in Augusta-Richmond County, as applicable. ARTICLE X. SUSPENSION AND TERMINATION A. In the event Lovett Construction materially fails to comply with any terms of this agreement, including the timely completion of activities as described in the timetable and/or contained in ARTICLE I, Scope of Services, Augusta may withhold cash payments until Lovett Construction, Inc. cures any breach of the contract. If Lovett Construction fails to cure the breach, Augusta may suspend or terminate the current award of HOPWA/HOME funds for Lovett Construction project. B. Notwithstanding the above, Lovett Construction shall not be relieved of its liability to Augusta for damages sustained as a result of any breach of this contract. In addition, to any other remedies it may have at law or equity, Augusta may withhold any payments to Lovett Construction for the purposes of set off until such time as the exact amount of damages is determined. C. In the best interest of the program and to better serve the people in the target areas and fulfill the purposes of the Act, the City of Augusta can terminate this contract if Lovett Construction breach this contract or violate any regulatory rules. The City of Augusta can terminate the contrite in 30 days and call the note due. D. Notwithstanding any termination or suspension of this Contract, Lovett Construction shall not be relieved of any duties or obligations imposed on it under ARTICLES V, VI, VII, VIII, IX, XI, and XII of this agreement with respect to HOPWA/HOME funds previously disbursed or income derived therefrom. ARTICLE XI. NOTICES Whenever either party desires to give notice unto the other, such notice must be in writing, sent by certified United States mail, return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice shall remain such until it shall have been changed by written notice. Augusta will receive all notice at the address indicated below: Office of the Administrator Municipal Building 530 Green Street, Suite 801 Augusta, Georgia 30911 With copies to: Augusta Housing and Community Development Department 510 Fenwick Street Augusta, Georgia 30901 12 Lovett Construction will receive all notices at the address indicated below: With Copies TO: J.Lovett Homes & Construction, LLC Attn: Mr. Jozell Lovett 3062 Damascus Road Augusta, GA 30909 ARTICLE XII. INDEMNIFICATION Lovett Construction will at all times hereafter indemnify and hold harmless Augusta, its officers, agents and employees, against any and all claims, losses, liabilities, or expenditures of any kind, including court costs, attorney fees and expenses, accruing or resulting from any or all suits or damages of any kind resulting from injuries or damages sustained by any person or persons, corporation or property, by virtue of the performance of this Contract. By execution of this agreement, Lovett Construction specifically consents to jurisdiction and venue in the Superior Court of Richmond County, Georgia and waives any right to contest jurisdiction or venue in said Court. Should it become necessary to determine the meaning or otherwise interpret any work, phrase or provision of this Contract, or should the terms of this Contract in any way be the subject of litigation in any court of laws or equity. It is agreed that the laws of the State of Georgia shall exclusively control same. The parties hereto do agree to bind themselves, their heirs, executors, administrators, trustees, successors and assigns, all jointly and severally under the terms of this Contract. ARTICLE XIII. INSURANCE AND BONDING Lovett Construction shall acquire adequate insurance coverage to protect all contract assets from loss or damage resulting from theft, fraud or physical damage. All policies and amounts of coverage shall be subject to approval by Augusta. Additionally, WC Lovett Construction, L.P., as developer, shall procure and provide for approval by Augusta a blanket fidelity bond in the amount of at least $100,000.00 covering all personnel of WC Lovett Construction, L.P. handling or charged with the responsibility for handling funds and property pursuant to this contract. Lovett Construction shall procure and provide, for approval by the Augusta, comprehensive general liability insurance in the amount of at least $1,000,000.00 insuring the Grantee and adding as named insured the Augusta, the Mayor, Commissioners, and Augusta's officers, agents, members, employees, and successors. Additionally, Lovett Construction shall procure officers and directors liability insurance under policies to be approved by the Augusta. All of the above policies shall provide that no act or omission of the grantee, its agents, servants or employees shall invalidate any insurance coverage for other named insured. No insurance policy providing insurance coverage required to be provided by Lovett Construction hereunder shall be cancelable without at least fifteen days advance written notice to the Grantee. All insurance policies required hereunder or copies thereof shall be promptly submitted for approval by the Augusta. 13 ARTICLE XIV. PRIOR AND FUTURE AGREEMENTS This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. Augusta is not obligated to provide funding of any kind to Lovett Construction beyond the term of this Contract. ARTICLE XV. LEGAL PROVISIONS DEEMED INCLUDED Each and every provision of any law or regulations and clause required by law or regulation to be inserted in this Contract shall be deemed to be inserted herein and this Contract shall be read and enforced as though it were included herein and if, through mistake or otherwise, any such provision is not inserted or is not correctly inserted, then upon application of either party this Contract shall forthwith be amended to make such insertion. 14 ARTICLE XVI. COUNTERPARTS This Contract is executed in two (2) counterparts – each of which shall be deemed an original and together shall constitute one and the same Contract with one counterpart being delivered to each party hereto. IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above: ATTEST: AUGUSTA, GEORGIA (Augusta) Approved as to form: _________________________ Date:______________ Augusta, GA Law Department By: ____________________________________________ __________________ Hardie Davis As its Mayor By: ___________________________________ Date: _________________ Takiyah Douse As its Interim Administrator By: ______________________________________ Date:_________________ Hawthorne Welcher, Jr. As its Director, HCD SEAL ____________________________ Lena Bonner As its Clerk ATTEST: J. Lovett Homes & Construction, LLC____ (Grantee) BY:_________________________ _______ Its: __________________________ Date: ________ _____________ _______ Plain Witness Date 15 APPENDIX A Statutes: 24 CFR Part 92, HOME Investment Partnerships Program (HOME) 24 CFR Part 574, Housing Opportunities for Persons with Aids (HOPWA) OMB Circular A-110 - Uniform Administrative Requirements for Grants and Agreement with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations OMB Circular A- 122 - Cost Principles for Non-Profit Organizations OMB Circular A-133 - Audits of Institutions of Higher Education & other Non-Profit Institutions 40 USC 276 Davis-Bacon Act 40 USC 327 Contract Work Hours and Safety Standard Act Uniform Relocation Assistance and Real Property Acquisition Policies Act Lead Based Paint Poisoning Prevention Act 24 CFR 35 – HUD Requirements for Notification, Evaluation and Reduction of Lead-Based Paint Hazards in Housing Receiving Federal Assistance and Federally-Owned Residential Property being sold, Final Rule Augusta-Richmond County Procurement Policy Conflict of Interest Affidavit Forms: Reimbursement Form Contract and Subcontract Activity Report Monthly Report Quarterly Report Annual Report 16 APPENDIX B REPORTING REQUIREMENTS Lovett Construction shall submit to the Grantee the following reports for the term of this agreement. 1. Bi-weekly Construction Meetings via phone. 2. 2. Annual Progress Report (January 16th) 3. Audit/Financial Report by April 30th of the following year 4. Contract & Subcontract Activity Report Due on April 5th, October 5th, ,each year of construction 5. Grantee shall maintain files on each person assisted. Each file shall contain, but is not restricted to, income data and verification for each person assisted; application for services; record of services provided; amount of services provided; documentation of costs for which assistance is provided; transportation log; documentation of medical need regarding prescriptions; and any other document that will provide proof of needed service(s) and subsequent provision of such service(s) as allowed under this contract. 17 APPENDIX C CONSTRUCTION REQUIREMENTS 1. All construction projects shall comply with Federal, State, and local codes and ordinances, including, but not limited to, the following: A. "Standard Building Code", 2000 Edition, Southern Building Congress, International, Inc., Birmingham, Alabama. B. "Standard Plumbing Code", latest edition, Southern Building Congress, International, Inc., Birmingham, Alabama. C. Standard Mechanical Code, latest edition, Southern Building Congress, International, Inc., Birmingham, Alabama. D. “National Electric Code”, latest edition, National Fire Protection Association, Quincy, Massachusetts. E. Model Energy Code, 1997, Council of American Building Officials. F. “ADA Accessibility Guidelines for Buildings and Facilities”, Department of Justice, American with Disabilities Act of 1990”. G. Williams-Steiger Occupational Safety and Health Act of 1970, Public Law 91-596. H. Part 1910 – Occupational Safety and Health Standards, Chapter XVII of Title 29, Code of Federal Regulations (Federal Register, Volume 37, Number 202, October 18, 1972). I. Part 1926 - Safety and Health Regulations for Construction, Chapter XVII of Title 29, Code of Federal Regulations (Federal Register, Volume 37, Number 243, December 16, 1972. J. Section 106 of the National Historic Preservation Act (16 U.S.C. 470f'). 2. Eligible Contractors: Any contractor desiring to bid on HOPWA/HOME or CDBG projects may apply for inclusion on the AHCD Approved Contractor List. Applications will be processed and either approved or disapproved within 10 working days. Under no circumstances will barred, disapproved, or otherwise ineligible contractors be allowed to bid on federally funded projects. 3. Project Review. All plans, specifications, work write-ups, projected cost estimates, punch lists or other means of outlining work on a particular project will be submitted in writing to AHCD for review and approval prior to bidding. AHCD Construction and Rehabilitation Inspectors will review these items for compliance with new construction and/or rehabilitation standards and materials use. 4. Rehabilitation Standards. All rehabilitation work will comply with the "Uniform Physical Condition Standards for HUD Housing." Workmanship and material standards will comply with the Augusta-Richmond County Housing & Community Development Department Contractors Manual and Performance Standards. A copy of this manual is provided to every contractor when included on the AHCD Approved Contractors List. A copy is enclosed for inclusion. 18 5. Inspections. All projects will be inspected and approved by an AHCD Construction and Rehabilitation Inspector prior to release of the funds for that project. 19 EXHIBIT “A” PROJECT DEVELOPMENT AND MANAGEMENT PROCEDURES 1. Augusta through the Housing and Community Development Department agrees to provide up to $376,320.00 in Year 2020 HOPWA/HOME Investment Partnerships Funds to Lovett Construction. These funds will support rehabilitation with the production of approximately 2 affordable rental units in connection with the continuation of Lovett Construction. 2. HCD must review and approve all residential design plans, project specifications and total development cost for each residential development project before work is commenced and before funds can be released for payment reimbursement. Construction payments will be released to Lovett Construction in accordance with the attached drawdown schedule and budget. 3. With HCD approval, Lovett Construction may use HOPWA/HOME funds under this contract for all the following purposes: a. To support development costs as outlined in Item 6 below. 4. Completion Delays, Remedies, and Penalties A. If the Contractor fails to complete the work within the time frame specified in the contract, plus any authorized delays, HCD may 1. Terminate the contractor in accordance with the “Provisions for Augusta Housing and Community Development Department (HCD)” clause of this contract. 2. Assess liquidated damages of fifty dollars ($50.00) per working day from the schedule of completion to the date of final acceptance of the project. The total amount of liquidated damages will be deducted from the total contract price, plus any change order amounts. B. The Contractor shall not be charged with liquidated damages for any delays in the completion of the work due: 1. To any acts of the Federal, State, or City/County Government; including controls or restrictions upon or requisitioning of materials, equipment, tools or labor by reason or war, National Defense, or other National, State or City/County emergency. 2. To any acts of the Owner that hinder the progress of the work. 3. To causes not reasonable foreseeable by the parties to this contract at the time of the execution of the contract which are beyond the control and without the fault or negligence of the Contractor; including but not restricted to acts of God; as of the public enemy; acts of another contractor in the performance of some other contract with the owner; fires; epidemics; quarantine restrictions; strikes; freight embargoes; and weather of unusual severity such as hurricanes, tornadoes, cyclones, and other extreme weather conditions; and 20 4. To any delay of the subcontractor occasioned by any other causes specified in subparagraphs A and B above. Provided, however, that the contractor promptly (within 10 days) notifies HCD in writing of the cause of the delay. If the fact show the delay to be properly excusable under the terms of this contract, HCD shall extend the contract time by a period commensurate with the period of authorized delay to the completion of the work as whole; in the form of an amendment to this contract. 6. Construction Costs and Requirements a. The amount that can be used to pay for development costs will be identified on a project- by-project basis in EXHIBIT B. In no case will this amount exceed the maximum per unit amount as defined at 24 CFR 92.250. b. Lovett Construction will provide construction management for the project to ensure that construction work is being carried out in accordance with plans, specifications and the project budget. c. Lovett Construction must make sure contractor obtains and posts all permits on job site. Prior to releasing final payment on each house, Lovett Construction must also secure a Certificate of Occupancy from the contractor that has been issued by the Department of Licenses and Inspection. d. Lovett Construction must collect progress and final lien releases from the contractor, subcontractors and material suppliers prior to making a payment to a contractor. e. HCD may continually inspect each house for contract compliance and to determine the percent of completion prior to processing a draw request and releasing payment. HCD may elect to make up to five (5) payments per house. HCD may choose not to release payments if the work being performed is not of acceptable quality to HCD and if the house is not being built or rehabilitated in accordance with plans and specifications, or if project is not on schedule. 21 EXHIBIT B: ESTIMATED PER UNIT AND/OR TOTAL DEVELOPMENT COSTS PROJECT ADDRESS: _____________________________ NEIGHBORHOOD ____________ TYPE DEVELOPMENT: ______ New Construction _____ Rehabilitation LOT SIZE: _____________________ NO. OF BEDROOMS: [ ]4 [ ]3 [ ]2 [ ]1 NO. OF BATHROOMS: [ ]4 [ ]3 [ ]2 [ ]1 S.F. HEATED SPACE: _____________________ LAND, CONSTRUCTION & SOFT COST: ESTIMATES Per S.F. Cost Land and Construction Costs Property Acquisition Site Preparation General Construction – Contract Amount Contingency Sewer Tap Water Meter Landscaping Fencing Grading Aluminum Mini-Blinds Alarm System Termite Treatment Other - Specify Total Estimated Land & Construction Costs Per S.F. Cost Soft Costs Appraisal Title Search Survey Plans, Specs, A&E Real Estate Commission Advance on Non-Profit Developer Fee Temporary Utilities Yard Maintenance during Sale Period Property Taxes Builders Risk Insurance Construction Interest on Bank Loans Closing Cost Other- Specify Total Estimated Soft Costs Per S.F. Cost DEVELOPMENT COST SUMMARY PROPOSED DEVELOPMENT COSTS ______________ ___________ SF PROPOSED SALE PRICE ______________ ___________ SF NON-PROFIT FUNDS ______________ ___________ SF HOPWA/HOME FUNDS REQUESTED ______________ ___________ SF 22 PROJECTED HOPWA/HOME SUBSIDY ______________ ___________ SF EXHIBIT “C” PROJECT SCHEDULE OF COMPLETION LOVETT CONSTRUCTION MUST PROVIDE A COMPLETED SCHEDULE OF COMPLETION AS EXHIBIT C - WITH APPROPRIATE PROJECT MILESTONES WITHIN 10 TO 15 DAYS AFTER SIGNING THIS CONTRACT. THIS SCHEDULE MUST BE PROVIDED IN SUFFICIENT DETAIL TO PERMIT HCD TO MONITOR AND ASSESS PROGRESS IN CONNECTION WITH THE PERFORMANCE OF THIS CONTRACT. A SAMPLE SCHEDULE IS PROVIDED BELOW. Administrative Services Committee Meeting 9/13/2022 1:05 PM HCD_ J. Lovett Homes & Construction, LLC Approval Request Department:HCD Presenter:Hawthorne Welcher, Jr. and/or HCD Staff Caption:Motion to approve Housing and Community Development Department’s (HCD's) request to provide HOPWA/HOME funding to J. Lovett Homes & Construction LLC, to rehabilitate duplex on Lyman Street to be used as affordable rental properties. Background:Augusta Housing and Community Development and J. Lovett Homes& Construction, LLC is working together to revitalize a duplex on Lyman Street which is located off Deans Bridge Road. J. Lovett Construction has been chosen through a bidding process to rehabilitate a duplex that has been blighted for years. J. Lovett Construction will rehabilitate the duplex to be used as a rental unit for low to moderate income tenants. HCD is requesting that J. Lovett Construction assist in furthering affordable housing through continual partnership of providingHOPWA/ HOME funds for the rehabilitation of the duplex. J. Lovett Construction is requesting: 2526-2528 Lyman Street, Augusta, GA 30906: Total Request: $ 376,319.44 The funding request is to assist with the cost associated with the rehabilitation of a duplex (2 units). Analysis:Approval of the contract will allow two (2) rental units to be rehabilitated for low to moderate income renters. Financial Impact:HCD will utilize Home Investment Partnership (HOME)/Housing Opportunities for Persons with Aids (HOPWA) funding received through its annual allocation from Housing and Urban Development in the amount of $ 376,319.44 to assist in rehabilitation of two (2) rental units. Alternatives:Do not approve HCD’s Request. Recommendation:Motion to approve Housing and Community Development Department’s (HCD's) request to provide HOPWA/HOME funding to J. Lovett Homes & Construction LLC, to rehabilitate duplex on Lyman Street to be used as affordable rental properties. Funds are Available in the Following Accounts: Housing and Urban Development (HUD) Funds: HOME Investment Partnership Grant (HOME) funds. HOME Funds: 22107 3212 HOPWA Funds: 22107 3213 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission AHCDD Form 507 (Rev. 11/05) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Date: CONSTRUCTION CONTRACT - HOUSING REHABILITATION 08/19/2022 Page 1 of 7 Pages THIS CONTRACT, by and between__Homeowner_____, hereinafter called “Owner” and ___Legacy 4 Construction____, hereinafter called the “Contractor.” WITNESSETH: That the Owner and the Contractor, for the considerations hereinafter named, mutually agree as follows: ARTICLE 1 CONTRACT DOCUMENTS The Contract Documents shall consist of the Housing Rehabilitation Contract General Conditions (AHCDD Form 510), Attached Work Write Up, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after the execution of this Agreement; these form the Contract and are as fully a part of the Contract. The Contract represents the entire and integrated agreement between the parties and supersedes prior negotiations, representations and agreements, both written and oral. In the event of a conflict among the Contract Documents, the Documents shall be interpreted according to the following priorities: First Priority: Manufacturer’s Instructions Second priority: Construction/Rehabilitation Contract Third Priority: General Conditions of Contract, 2000 version Fourth Priority: Work Write-Up dated _______ AHCDD Form 507 (Rev. 11/05) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Date: CONSTRUCTION CONTRACT - HOUSING REHABILITATION 08/19/2022 Page 2 of 7 Pages ARTICLE 2 SCOPE OF SERVICES The Contractor shall do all the work and provide all the materials, tools, machinery, supervision, etc., necessary for the rehabilitation of the property located at 2028 Steiner Ave. Augusta, GA 30901, all in accordance with the Work Write-Up which is attached hereto and expressly incorporated herein by reference and made a part hereof. The contractor shall perform the entire rehabilitation of the residential structure as described in the contract documents except items as indicated as follows, which are to be the responsibility of other contractors: Scope Contractor ARTICLE 3 TIME OF PERFORMANCE The services of the Contractor are to commence on _________ and shall be completed by _____________. As time is of the essence, the Contractor will, if these services are not completed within this time period, be assessed the amount of Fifty Dollars ($50.00) for each day the work is not substantially completed after ______________ unless an extension is granted by the Owner. Liquidated damages shall be deducted from the total amount of payment due the Contractor under this Contract. ARTICLE 4 CONTRACT PRICE In consideration of the terms and obligations of this Contract, the Owner agrees to pay the Contractor _$27,423.00. The Contract Sum is based upon the following alternates, which are described in the Contract Documents and are hereby accepted by the Owner: AHCDD Form 507 (Rev. 11/05) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Date: CONSTRUCTION CONTRACT - HOUSING REHABILITATION 08/19/2022 Page 3 of 7 Pages #1__________________________________________________________________ #2__________________________________________________________________ #3__________________________________________________________________ ARTICLE 5 PROGRESS PAYMENTS The Contractor agrees that the total contract price shall be paid in one or more progress payments based upon the value of the work satisfactorily completed at the time the progress payment is made. Such progress payments shall be disbursed on a monthly basis, after inspection and approval of the work by the Owner and the Augusta Housing and Community Development Department, or its duly authorized representative, less a retainage of 10% of the price of the work completed. Prior to receiving any progress payment, the Contractor shall furnish the Owner with Application and Certificate for Payment Owed To Date, for the materials and labor procured under this Contract. Upon completion of the whole Contract and acceptance of the work by the Owner and the Augusta Housing and Community Development Department, and compliance by the Contractor with all Contract terms, the amount due the Contractor shall be paid including any retainage. The Owner and the Augusta Housing and Community Development Department shall approve a final disbursement of all amounts withheld from prior disbursements upon the completion of the construction of the Project as evidenced by the final approval by all code agencies and a field inspection by the Augusta Housing and Community Development Department. The Augusta Housing and Community Development Department and the Owner may withhold from such disbursement up to two hundred percent (200%) of any amounts required to complete the scheduled value of “punch list” items so-called, and seasonal work such as landscaping. ARTICLE 6 CONTRACTOR AFFIDAVIT Prior to each payment by the OWNER, the CONTRACTOR shall affirm in writing that there are no liens or claims filed against the CONTRACTOR or Owner related to materials, labor or services supplied on this or any other project in which the CONTRACTOR was or is currently involved. No payment shall be made to the Contractor if a lien has been filed with respect to the work, which is the subject of this Contract. Final payment shall be made within fourteen (14) days after the request for payment by the CONTRACTOR, provided that the Work of the Contract be then satisfactorily performed, subject to the provisions of the Contract Documents, and further subject to receipt by the OWNER of the same Affirmation relative to existing liens or claims against the CONTRACTOR as set forth above. Upon such final payment, the CONTRACTOR shall provide to the OWNER a Final Release of Lien stating that the CONTRACTOR has no further claims or liens against the Owner for materials or labor supplied under this Agreement. AHCDD Form 507 (Rev. 11/05) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Date: CONSTRUCTION CONTRACT - HOUSING REHABILITATION 08/19/2022 Page 4 of 7 Pages ARTICLE 7 OWNER’S REPRESENTATIVES/LENDER’S AGENTS The Owner’s Representative shall be Sonya Johnson. The Owner’s Representative will provide administration of this Contract during construction and throughout the warranty period. The Owner’s Representative will visit the site at intervals appropriate to the stage of construction to determine if the Work is proceeding in accordance with the Contract Documents. Based on the Owner’s Representative evaluation of Contractor’s invoices for payment, the Owner’s Representative will determine the amounts owing to the Contractor. The Owner’s Representative will have authority to reject Work that does not conform to the Contract Documents. If the Contractor fails to correct defective Work or persistently fails to carry out the Work in accordance with the Contract Documents, the Owner’s Representative, by a written order, may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. ARTICLE 8 CHANGES IN THE WORK After this agreement is executed by the Owner, any changes to the scope of Work, budget or time schedule must be agreed upon in writing by the Owner and Contractor and approved by the lender’s representatives. ARTICLE 9 FINES The Contractor is fully responsible for the means and methods of executing the scope of work. The Contractor is specially trained in lead-safe work practices and lead hazard reduction and therefore agrees to hold the owner and the agency harmless in the event of any fines from federal or local agencies concerning the lead hazard reduction work. The Contractor agrees to immediately satisfy any and all fines or judgments presented by OSHA, EPA, the local or state health department, the applicable state lead-based paint activities certification and training program, and any other governmental agency having jurisdiction over lead hazard reduction work. AHCDD Form 507 (Rev. 11/05) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Date: CONSTRUCTION CONTRACT - HOUSING REHABILITATION 08/19/2022 Page 5 of 7 Pages ARTICLE 10 TERMINATION OF AGREEMENT This agreement may be terminated by either party upon seven days’ written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. This agreement may be terminated by the Owner upon at least seven days written notice to the Contractor in the event the project is permanently abandoned. In the event of termination not the fault of the Contractor, the Contractor shall be compensated for all services performed to the termination date. ARTICLE 11 ARBITRATION All claims, disputes and other matters in question between the parties to this agreement, arising out of or relating to this agreement or the breach thereof, shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining unless the parties mutually agree otherwise. No arbitration arising out of or relating to this agreement, shall include, by consolidation, joinder or in any manner, any additional person not a party to this agreement except by written consent containing a specific reference to this agreement and signed by the Owner, the Owner’s Representative, and any other person sought to be joined. Any consent to arbitration involving an additional person or persons shall not constitute consent to arbitration of any dispute not described therein or with any person not named or described therein. This agreement to arbitrate and any agreement to arbitrate with an additional person or persons duly consented to by the parties to this agreement shall be specifically enforceable under the prevailing arbitration law. Notice of the demand for arbitration shall be filed in writing with the other party to this agreement and with the Augusta Housing and Community Development Department Director. The demand shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, in no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim dispute or other matter in question would be barred by the applicable statute of limitations. The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. AHCDD Form 507 (Rev. 11/05) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Date: CONSTRUCTION CONTRACT - HOUSING REHABILITATION 08/19/2022 Page 6 of 7 Pages ARTICLE 12 ASSIGNMENT OF CONTRACT This agreement may not be assigned to any other Contractor or Agent of Contractor without the written approval of the Owner and the Augusta Housing and Community Development Department. IN WITNESS WHEREOF, the parties hereto executed this Agreement the day and year first above written. CONTRACTOR Legacy 4 Construction Name of Contractor ______Henry Bryant________ Contractor’s Representative – Title Signature of Contractor OWNER ____Homeowner_________ Name of Homeowner Signature of Owner WITNESS: Subscribed and sworn to before me this day of , 20 . Notary Public AHCDD Form 507 (Rev. 11/05) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Date: CONSTRUCTION CONTRACT - HOUSING REHABILITATION 08/19/2022 Page 7 of 7 Pages Approved as to form: _________________________ Date:______________ Augusta, GA Law Department By: ___________________________________ Date: ______________ Hardie Davis As its Mayor By: ___________________________________ Date: _______________ Takiyah A. Douse As its interim Administrator By: ___________________________________ Date: ________________ Hawthorne Welcher, Jr. As its Director, HCD SEAL ____________________________ Lena Bonner As its Clerk AHCDD Form 507 (Rev. 11/05) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Date: CONSTRUCTION CONTRACT - HOUSING REHABILITATION Page 1 of 7 Pages THIS CONTRACT, by and between__Homeowner_____, hereinafter called “Owner” and ___Curry’s Home Improvement____, hereinafter called the “Contractor.” WITNESSETH: That the Owner and the Contractor, for the considerations hereinafter named, mutually agree as follows: ARTICLE 1 CONTRACT DOCUMENTS The Contract Documents shall consist of the Housing Rehabilitation Contract General Conditions (AHCDD Form 510), Attached Work Write Up, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after the execution of this Agreement; these form the Contract and are as fully a part of the Contract. The Contract represents the entire and integrated agreement between the parties and supersedes prior negotiations, representations and agreements, both written and oral. In the event of a conflict among the Contract Documents, the Documents shall be interpreted according to the following priorities: First Priority: Manufacturer’s Instructions Second priority: Construction/Rehabilitation Contract Third Priority: General Conditions of Contract, 2000 version Fourth Priority: Work Write-Up dated _6/13/22_ AHCDD Form 507 (Rev. 11/05) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Date: CONSTRUCTION CONTRACT - HOUSING REHABILITATION Page 2 of 7 Pages ARTICLE 2 SCOPE OF SERVICES The Contractor shall do all the work and provide all the materials, tools, machinery, supervision, etc., necessary for the rehabilitation of the property located at 2121 Richards St._, all in accordance with the Work Write-Up which is attached hereto and expressly incorporated herein by reference and made a part hereof. The contractor shall perform the entire rehabilitation of the residential structure as described in the contract documents except items as indicated as follows, which are to be the responsibility of other contractors: Scope Contractor ARTICLE 3 TIME OF PERFORMANCE The services of the Contractor are to commence on _________ and shall be completed by _____________. As time is of the essence, the Contractor will, if these services are not completed within this time period, be assessed the amount of Fifty Dollars ($50.00) for each day the work is not substantially completed after ______________ unless an extension is granted by the Owner. Liquidated damages shall be deducted from the total amount of payment due the Contractor under this Contract. ARTICLE 4 CONTRACT PRICE In consideration of the terms and obligations of this Contract, the Owner agrees to pay the Contractor ______________________________. The Contract Sum is based upon the following alternates, which are described in the Contract Documents and are hereby accepted by the Owner: AHCDD Form 507 (Rev. 11/05) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Date: CONSTRUCTION CONTRACT - HOUSING REHABILITATION Page 3 of 7 Pages #1__________________________________________________________________ #2__________________________________________________________________ #3__________________________________________________________________ ARTICLE 5 PROGRESS PAYMENTS The Contractor agrees that the total contract price shall be paid in one or more progress payments based upon the value of the work satisfactorily completed at the time the progress payment is made. Such progress payments shall be disbursed on a monthly basis, after inspection and approval of the work by the Owner and the Augusta Housing and Community Development Department, or its duly authorized representative, less a retainage of 10% of the price of the work completed. Prior to receiving any progress payment, the Contractor shall furnish the Owner with Application and Certificate for Payment Owed To Date, for the materials and labor procured under this Contract. Upon completion of the whole Contract and acceptance of the work by the Owner and the Augusta Housing and Community Development Department, and compliance by the Contractor with all Contract terms, the amount due the Contractor shall be paid including any retainage. The Owner and the Augusta Housing and Community Development Department shall approve a final disbursement of all amounts withheld from prior disbursements upon the completion of the construction of the Project as evidenced by the final approval by all code agencies and a field inspection by the Augusta Housing and Community Development Department. The Augusta Housing and Community Development Department and the Owner may withhold from such disbursement up to two hundred percent (200%) of any amounts required to complete the scheduled value of “punch list” items so-called, and seasonal work such as landscaping. ARTICLE 6 CONTRACTOR AFFIDAVIT Prior to each payment by the OWNER, the CONTRACTOR shall affirm in writing that there are no liens or claims filed against the CONTRACTOR or Owner related to materials, labor or services supplied on this or any other project in which the CONTRACTOR was or is currently involved. No payment shall be made to the Contractor if a lien has been filed with respect to the work, which is the subject of this Contract. Final payment shall be made within fourteen (14) days after the request for payment by the CONTRACTOR, provided that the Work of the Contract be then satisfactorily performed, subject to the provisions of the Contract Documents, and further subject to receipt by the OWNER of the same Affirmation relative to existing liens or claims against the CONTRACTOR as set forth above. Upon such final payment, the CONTRACTOR shall provide to the OWNER a Final Release of Lien stating that the CONTRACTOR has no further claims or liens against the Owner for materials or labor supplied under this Agreement. AHCDD Form 507 (Rev. 11/05) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Date: CONSTRUCTION CONTRACT - HOUSING REHABILITATION Page 4 of 7 Pages ARTICLE 7 OWNER’S REPRESENTATIVES/LENDER’S AGENTS The Owner’s Representative shall be ______________________. The Owner’s Representative will provide administration of this Contract during construction and throughout the warranty period. The Owner’s Representative will visit the site at intervals appropriate to the stage of construction to determine if the Work is proceeding in accordance with the Contract Documents. Based on the Owner’s Representative evaluation of Contractor’s invoices for payment, the Owner’s Representative will determine the amounts owing to the Contractor. The Owner’s Representative will have authority to reject Work that does not conform to the Contract Documents. If the Contractor fails to correct defective Work or persistently fails to carry out the Work in accordance with the Contract Documents, the Owner’s Representative, by a written order, may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. ARTICLE 8 CHANGES IN THE WORK After this agreement is executed by the Owner, any changes to the scope of Work, budget or time schedule must be agreed upon in writing by the Owner and Contractor and approved by the lender’s representatives. ARTICLE 9 FINES The Contractor is fully responsible for the means and methods of executing the scope of work. The Contractor is specially trained in lead-safe work practices and lead hazard reduction and therefore agrees to hold the owner and the agency harmless in the event of any fines from federal or local agencies concerning the lead hazard reduction work. The Contractor agrees to immediately satisfy any and all fines or judgments presented by OSHA, EPA, the local or state health department, the applicable state lead-based paint activities certification and training program, and any other governmental agency having jurisdiction over lead hazard reduction work. AHCDD Form 507 (Rev. 11/05) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Date: CONSTRUCTION CONTRACT - HOUSING REHABILITATION Page 5 of 7 Pages ARTICLE 10 TERMINATION OF AGREEMENT This agreement may be terminated by either party upon seven days’ written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. This agreement may be terminated by the Owner upon at least seven days written notice to the Contractor in the event the project is permanently abandoned. In the event of termination not the fault of the Contractor, the Contractor shall be compensated for all services performed to the termination date. ARTICLE 11 ARBITRATION All claims, disputes and other matters in question between the parties to this agreement, arising out of or relating to this agreement or the breach thereof, shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining unless the parties mutually agree otherwise. No arbitration arising out of or relating to this agreement, shall include, by consolidation, joinder or in any manner, any additional person not a party to this agreement except by written consent containing a specific reference to this agreement and signed by the Owner, the Owner’s Representative, and any other person sought to be joined. Any consent to arbitration involving an additional person or persons shall not constitute consent to arbitration of any dispute not described therein or with any person not named or described therein. This agreement to arbitrate and any agreement to arbitrate with an additional person or persons duly consented to by the parties to this agreement shall be specifically enforceable under the prevailing arbitration law. Notice of the demand for arbitration shall be filed in writing with the other party to this agreement and with the Augusta Housing and Community Development Department Director. The demand shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, in no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim dispute or other matter in question would be barred by the applicable statute of limitations. The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. AHCDD Form 507 (Rev. 11/05) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Date: CONSTRUCTION CONTRACT - HOUSING REHABILITATION Page 6 of 7 Pages ARTICLE 12 ASSIGNMENT OF CONTRACT This agreement may not be assigned to any other Contractor or Agent of Contractor without the written approval of the Owner and the Augusta Housing and Community Development Department. IN WITNESS WHEREOF, the parties hereto executed this Agreement the day and year first above written. CONTRACTOR Curry Home Improvement Name of Contractor ______Mack Curry________ Contractor’s Representative – Title Signature of Contractor OWNER ____Homeowner______________________ Name of Homeowner ______ Signature of Owner WITNESS: Subscribed and sworn to before me this day of , 20 . Notary Public AHCDD Form 507 (Rev. 11/05) AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT Date: CONSTRUCTION CONTRACT - HOUSING REHABILITATION Page 7 of 7 Pages Approved as to form: _________________________ Date:______________ Augusta, GA Law Department By: ___________________________________ Date: ______________ Hardie Davis As its Mayor By: ___________________________________ Date: _______________ Takiyah A. Douse As its interim Administrator By: ___________________________________ Date: ________________ Hawthorne Welcher, Jr. As its Director, HCD SEAL ____________________________ Lena Bonner As its Clerk Administrative Services Committee Meeting 9/13/2022 1:05 PM HCD_ Rehabilitation Program Approval Request Department:HCD Presenter:Hawthorne Welcher, Jr. and/or HCD Staff Caption:Motion to approve two (2) Rehabilitation projects. Background:The Homeowner-Occupied Rehabilitation Program provides a mechanism for eligible homeowners to bring their home into compliance with local codes and provide safe, decent housing for lower-income individuals. · Homeowner Occupied Rehabilitation – Rehab to include rehabbing of the roof, gutters, floors, ceilings, HVAC, etc… The Homeowner- Occupied Rehabilitation Program is designed to bring the eligible homeowner’s dwelling into compliance with applicable, locally adopted housing rehabilitation standards to reduce ongoing and future maintenance costs, promote energy efficiency, and to preserve decent affordable owner- occupied housing. Federal funding for these activities is provided to Augusta, GA through the Community Development Block Grant (CDBG) Program and the Home Investment Partnership Program (HOME). This request will provide two (2) homeowners with funding for the following address: 1. Contractor: Curry’s Home Improvement Project Address: 2121 Richards Rd. Amount: $27,950.00 2. Contractor: Legacy 4 Construction Project Address: 2028 Steiner Ave Amount: $27,423.00 Analysis:The approval of this request will allow two (2) homeowners to obtain compliant, decent, and safe housing. Financial Impact:The city receives funding from the US Housing and Urban Development Department (HUD) on an annual basis. Total amount requested - $ 55,373.00. Alternatives:Do not approve HCDs Request. Recommendation:Motion to approve two (2) Rehabilitation projects. Funds are Available in the Following Accounts: U.S. Department of Housing and Urban Development (HUD) Funds: a) CDBG -221073210-5225110 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission EI G H T H S T . FOUNTAIN REYNOLDS ST. COTTON LANE CONC. SIDEWALK ASPHALT CONC. SIDEWALK ASPHALT GRAVELPARKING LOT GRAVELPARKING LOT GRAVELPARKING LOT COURTYARD LANDSCAPE BRICK WALL BRICK WALL CONCRETE RIVERWALK RETAINING WALL BRICK PAVERS BRICKPAVERS BRICKPAVERS LA N D S C A P E BE D LA N D S C A P E BE D S S S S BOLLARD, TYP. GRASS CA N O P Y LANDSCAPE LA N D S C A P E B E D AS P H A L T 1 1 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 LP2-1 LP2-2 LP2-3 LP2-4 LP2-5 LP2-6 LP2-7 LP2-8 LP2-9 LP2-10 LP2-11 LP2-12 LP2-13 LP2-14 LP2-15 LP2-16 LP2-17 LP2-18 LP2-19 LP2-20 LP2-21 LP2-22 LP2-23 LP2-24 LP2-25 LP2-26 ELECTRICAL YARD ELECTRICAL ROOM LOCATION SEE DETAIL 33 2 4 4 LP2-27 LP2-29 LP2-28 LP2-31 LP2-30 4 4 4 WP WP WP WP WP WP WP WP WPWPWPWPWP WP LP1 LP2 1 1 2 1 NEW LIGHTING CONTACTOR PANEL K: \ 3 0 4 2 2 1 0 2 \ E l e c \ E S 1 0 1 . d w g P l o t t e d : 8/ 3 0 / 2 0 2 1 1 : 4 4 P M B y : Cla y B l a n t o n Since 1980 PROJECT NO. DRAWN BY : CHECKED BY : SHEET TITLE : REV. CL I E N T : PR O J E C T N A M E : PR O J E C T L O C A T I O N : SCALE: DATE: DRAWING NO. JOHNSON, LASCHOBER & ASSOCIATES, P.C. Architects ·Engineers ·Landscape Architects ·CHARLESTON, SCAUGUSTA, GA TEL (706) 724-5756 TEL (843) 619-4656 FAX (706) 724-3955 WWW.THEJLAGROUP.COM · AU G U S T A - R I C H M O N D C O U N T Y C E N T R A L S E R V I C E S D E P A R T M E N T 27 6 0 P E A C H O R C H A R D R D , B U I L D I N G B A U G U S T A , G A 3 0 9 0 6 8T H S T R E E T , A U G U S T A G A 3042.2102 07/16/2021 AU G U S T A S A T U R D A Y M A R K E T EL E C T R I C A L I M P R O V E M E N T S RE V DA T E DE S C R I P T I O N BY This d o c u m e n t i s t h e p r o p e r t y o f Joh n s o n , Las c h o b e r & Ass o c i a t e s , P.C. The u n a u t h o r i z e d r e p r o d u c t i o n , c o p y i n g o r o t h e r w i s e u s e o f t h i s d o c u m e n t i s s t r i c t l y p r o h i b i t e d a n d a n y i n f r i n g e m e n t t h e r e u p o n m a y b e s u b j e c t t o l e g a l a c t i o n . 1 A B C 1 2 3 4 5 6 7 8 2 3 4 5 6 7 8 D E F BO R D E R : J L A 24 x36 - X R E F .D W G RE V . 10 / 2 7 / 2 0 2 0 C R E CEB HJW AS NOTED ES101 B POWER PLAN A HJ W IS S U E D F O R O W N E R R E V I E W 08 / 0 2 / 2 1 SCALE: 1/32" = 1'-0" SITE PLAN1 ES101 N SCALE: 1/32" = 1'-0" 96 FT.643216840 SITE PLAN KEYED NOTES: COORDINATE EXACT LOCATION OF PANELS WITH OWNER. PROVIDE LIGHTING CONTACTOR PANEL TO CONTROL TWO 20A CIRCUITS FOR POLE MOUNTED LUMINAIRES AS INDICATED ON DRAWINGS. CONTACTOR MUST BE CAPABLE OF BEING CONTROLLED BY EXTERNAL PHOTOCELL MOUNTED ON LEVY. PANEL MUST INCLUDE MANUAL ON SWITCH AND ON/OFF INDICATING LAMPS. CIRCUIT TO NEW LIGHTING CONTACTOR PANEL USE 1 SET OF 2#8 AWG 1#8AWG GND. REUSE CONDUIT WHERE POSSIBLE. REWIRE CIRCUITS TO PANEL LP2. 1 2 3 SITE PLAN CONSTUCTION NOTES: 1.ALL LOCATIONS ON DRAWINGS ARE APPROXIMATE. COORDINATE EXACT LOCATIONS WITH OWNER. 2.COORDINATE EXACT LOCATIONS OF BOLLARDS AND RECEPTACLES WITH OWNER. 3.COORDINATE ROUTING OF CONDUIT WITH OWNER. 4.VERIFY THAT ALL PANELS IN ELECTRICAL YARD AND ELECTRICAL ROOM ARE GROUNDED PROPERLY. 5.ALL HISTORICAL BRICKS MUST BE SAVED. 6.CONTRACTOR IS TO RESTORE ANY DISTURBED LANDSCAPING AND BRICKWORK TO ITS ORIGINAL CONDITION AFTER CONSTRUCTION. 7.REPLACE ALL EXISTING OUTLETS AND WEATHERPROOF COVERS IN KIND. SCALE: NOT TO SCALE ELECTRICAL ROOM2 ES101 SITE PLAN DEMOLITION NOTES: 1.CONTRACTOR IS RESPONSIBLE FOR ALL DEMOLITION. HISTORICAL BRICKS ARE NOT TO BE DAMAGED. COORDINATE DEMOLITION WITH OWNER. 2.DEMOLISH ALL EXISTING OUTLETS AT THE BASES OF THE TREES WITHOUT DAMAGING THE TREE ROOTS. CAP EMPTY CONDUIT NOT TO BE REUSED AND ABANDON IN PLACE. 3.DEMOLISH ALL UNUSED ELECTRICAL BOXES AND PANELS. 2 ES101 PANEL ENSURE THAT CONNECTIONS ARE MADE WITHIN 5'-0" OF ENTRANCE METAL UNDERGROUND WATER PIPE. WITH MINIMUM OF 10'-0" CONTACT WITH EARTH EXOTHERMIC WELD CONNECTION. LOCATE WHERE ACCESSIBLE. STEEL COLUMN CONCRETE ENCASED ELECTRODE 1' - 6 " M I N . PANEL GROUNDING BAR GROUND ROD 3/4" COPPER WELD GROUND ROD. SEE ELECTRICAL GENERAL NOTES. ELECTRODE GROUNDING DETAIL3 ES101 SCALE: NOT TO SCALE #6 G CU #6 G CU. #6 G CU. #6 G CUALL BUILDING GROUNDING CONDUCTORS SHALL BE COPPER #6 G CU. SCALE: NONE POWER RISER DIAGRAM4 ES101 GND #6 UTILITY METER, CT PANEL LP1 150A MCB 120/208V 3-PH, 4-WIRE EXISTING COORDINATE SERVICE AND METERING INSTALLATION REQUIREMENTS WITH UTILITY COMPANY AND OWNER PRIOR TO BID AND INSTALLATION. * * NOTE * * SERVICE ENTRANCE RATED DISCONNECT 150A 120/208V 3-PH NEMA 3R 1 SET OF: 3 #1/0 #1/0 NEUT #6 GND 2" C PANEL LP2 100A MCB 120/208V 3-PH, 4-WIRE LIGHTING CONTACTOR PANEL EXISTING EXISTING 1 SET OF: 3 #1 #1 NEUT #6 GND 1 1/2" C SEE PANEL SCHEDULE ELECTRICAL ROOM VERIFY EXISTING PANEL IS PROPERLY GROUNDED 4 B HJ W IS S U E D F O R O W N E R R E V I E W 08 / 2 7 / 2 1 K: \ 3 0 4 2 2 1 0 2 \ E l e c \ E - 0 0 1 . d w g P l o t t e d : 8/ 3 0 / 2 0 2 1 1 : 4 4 P M B y : Cl a y B l a n t o n Since 1980 PROJECT NO. DRAWN BY : CHECKED BY : SHEET TITLE : REV. CL I E N T : PR O J E C T N A M E : PR O J E C T L O C A T I O N : SCALE: DATE: DRAWING NO. JOHNSON, LASCHOBER & ASSOCIATES, P.C. Architects ·Engineers ·Landscape Architects ·CHARLESTON, SCAUGUSTA, GA TEL (706) 724-5756 TEL (843) 619-4656 FAX (706) 724-3955 WWW.THEJLAGROUP.COM · AU G U S T A - R I C H M O N D C O U N T Y C E N T R A L S E R V I C E S D E P A R T M E N T 27 6 0 P E A C H O R C H A R D R D , B U I L D I N G B A U G U S T A , G A 3 0 9 0 6 8T H S T R E E T , A U G U S T A G A 3042.2102 07/16/2021 AU G U S T A S A T U R D A Y M A R K E T EL E C T R I C A L I M P R O V E M E N T S RE V DA T E DE S C R I P T I O N BY This d o c u m e n t i s t h e p r o p e r t y o f Joh n s o n , Las c h o b e r & Ass o c i a t e s , P.C. The u n a u t h o r i z e d r e p r o d u c t i o n , c o p y i n g o r o t h e r w i s e u s e o f t h i s d o c u m e n t i s s t r i c t l y p r o h i b i t e d a n d a n y i n f r i n g e m e n t t h e r e u p o n m a y b e s u b j e c t t o l e g a l a c t i o n . 1 A B C 1 2 3 4 5 6 7 8 2 3 4 5 6 7 8 D E F BO R D E R : J L A 24 x36 - X R E F .D W G RE V . 10 / 2 7 / 2 0 2 0 C R E CEB HJW AS NOTED E-001 B GENERAL NOTES AND LEGEND GENERAL THESE GENERAL NOTES PRESENT AND/OR SUMMARIZE KEY PRODUCT INFORMATION FOR THE PLAN READER'S CONVENIENCE. SEE PLANS AND SPECIFICATIONS FOR FURTHER REQUIREMENTS. WORK COVERED BY THIS DOCUMENT SHALL INCLUDE ALL LABOR, MATERIAL, PRODUCTS, AND SERVICES FOR, AND INCIDENTAL TO, INSTALLATION OF COMPLETE AND OPERATING ELECTRICAL SYSTEMS DRAWN OR SPECIFIED. ALL WORK SHALL CONFORM TO ALL APPLICABLE FEDERAL, STATE AND LOCAL CODES INCLUDING, BUT NOT LIMITED TO, THE NATIONAL ELECTRICAL CODE (NFPA 70-2020). ALL MATERIALS SHALL BE NEW AND UL LISTED/LABELED AS APPROPRIATE. FINAL LOCATIONS FOR ROUGH-INS SHALL BE VERIFIED WITH ACTUAL EQUIPMENT BEING CONNECTED. SUPPORT AND ATTACH ELECTRICAL EQUIPMENT IN ACCORDANCE WITH SEISMIC CONDITIONS AS DETERMINED BY THE STRUCTURAL ENGINEER/BUILDING DESIGNER AND THE INTERNATIONAL BUILDING CODE. AFTER COMPLETING INSTALLATION, REMOVE BURRS, DIRT, AND CONSTRUCTION DEBRIS FROM ALL ELECTRICAL WORK. COORDINATE OUTLET LOCATIONS WITH ARCHITECTURAL PLANS, ELEVATIONS AND DETAILS. COORDINATE HVAC AND PLUMBING EQUIPMENT LOCATIONS WITH MECHANICAL PLANS, ELEVATIONS AND DETAILS. COORDINATE SITE LIGHTING AND SITE UTILITIES WITH LANDSCAPING/CIVIL PLANS AND DETAILS. CONTRACTOR TO COORDINATE SERVICE AND METERING INSTALLATION REQUIREMENTS, AIC RATING, AND PANEL SCCR WITH UTILITY COMPANY PRIOR TO BID AND INSTALLATION. COORDINATE SIGNAL SERVICE REQUIREMENTS WITH SERVING UTILITY. ELECTRICAL INSTALLATION SHALL BE SEISMIC BRACED PER APPLICABLE SECTIONS OF THE STANDARD BUILDING CODE. CONSULT MANUFACTURERS' SHOP DRAWINGS FOR REQUIREMENTS AND EXACT LOCATION OF ELECTRICAL CONNECTIONS FOR EQUIPMENT FURNISHED BY OTHERS. BRANCH-CIRCUIT WIRING SHALL MEET ALL REQUIREMENTS OF THE EQUIPMENT MANUFACTURER. SIZE DISCONNECT SWITCHES AND OVERCURRENT PROTECTION IN ACCORDANCE WITH THE EQUIPMENT MANUFACTURERS' RECOMMENDATIONS AND THE N.E.C. SIZE FUSES IN ACCORDANCE WITH THE EQUIPMENT MANUFACTURERS' RECOMMENDATIONS AND THE N.E.C. INSTALL JUNCTION BOXES, CONDUIT BODIES, AND HANDHOLE ENCLOSURES SUCH THAT WIRING WITHIN IS ACCESSIBLE IN ACCORDANCE WITH NEC 314.29. MOUNTING HEIGHT DIMENSIONS FOR WIRING DEVICES ARE FROM THE FINISHED FLOOR UP TO THE CENTER OF THE OUTLET BOX. CENTER OUTLETS HORIZONTALLY IN ARCHITECTURAL FEATURES. DO NOT SCALE DRAWINGS. DEVICE LOCATIONS ARE APPROXIMATE UNLESS DIMENSIONED. ACTUAL DEVICE LOCATIONS SHALL BE FIELD COORDINATED WITH ALL OTHER TRADES AND APPLICABLE CODES. INSTALL PHOTO CELL(S) ABOVE ROOF. ORIENT TO NORTHERN EXPOSURE AND SHIELD FROM EXTRANEOUS LIGHT. PROVIDE FLASHING AND SEAL ROOF PENETRATION(S). INSTALL ADDITIONAL BRANCH-CIRCUIT CONDUCTORS TO PROVIDE UN-SWITCHED CONNECTION TO EACH EMERGENCY FIXTURE BATTERY. DO NOT USE COMMON NEUTRALS FOR MULTI-WIRE CIRCUITS. INSTALL A NEUTRAL FOR EACH PHASE. ALL CONDUCTORS SHALL BE NO SMALLER THAN #12. ALL RACEWAYS SHALL BE 3/4" DIA. MIN. UNLESS OTHERWISE NOTED. GENERAL CONTRACTOR TO PROVIDE ACCESS PANELS FOR ALL INACCESSIBLE, ABOVE-CEILING ELECTRICAL EQUIPMENT AND JUNCTION BOXES PER 2020 NEC SECTION 314.29. COORDINATE LOCATIONS WITH ARCHITECT PRIOR TO INSTALLATION. CONDUCTORS INSULATION SHALL COMPLY WITH NEMA WC 5. CONDUCTORS #8 AWG AND LARGER SHALL BE CONCENTRIC STRANDED. CONDUCTORS #10 AND SMALLER SHALL BE SOLID. TYPE AND INSULATION (SERVICE): COPPER, TYPE THWN TYPE AND INSULATION (FEEDER): COPPER, TYPE THHN/THWN TYPE AND INSULATION (BRANCH): COPPER, TYPE THHN/THWN COPPER, TYPE MC COLOR CODING (208/120 V, 3Ø): A-BLACK, B-RED, C-BLUE, N-WHITE, G-GREEN COLOR CODING (120/240 V, 1Ø): A-BLACK, B-RED, N-WHITE, G-GREEN RACEWAYS CONDUIT BODIES AND FITTINGS FOR RIGID METAL CONDUIT SHALL BE CAST THREADED TYPE. CONDUIT FITTINGS FOR ELECTRICAL METALLIC TUBING SHALL BE COMPRESSION TYPE. INSTALL 200 lb NYLON PULL CORD IN ALL EMPTY RACEWAYS FOR FUTURE USE. APPLY FIRESTOPPING TO ELECTRICAL PENETRATIONS OF FIRE-RATED FLOOR AND WALL ASSEMBLIES TO RESTORE ORIGINAL FIRE-RESISTANCE RATING OF ASSEMBLY. OUTDOORS EXPOSED: RIGID GALVANIZED STEEL CONFORMING TO ANSI C80.5 OUTDOORS UNDERGROUND: RIGID NONMETALLIC CONDUIT (SCHEDULE 40 PVC) CONFORMING TO NEMA TC 2 OUTDOORS CONNECTED TO VIBRATING OR MOTORIZED EQUIPMENT: LIQUIDTIGHT FLEXIBLE METAL CONDUIT CONFORMING TO UL 360 INDOORS CONCEALED: ELECTRICAL METALLIC TUBING CONFORMING TO ANSI C80.3 INDOORS EXPOSED: ELECTRICAL METALLIC TUBING CONFORMING TO ANSI C80.3 INDOORS CONNECTED TO VIBRATING OR MOTORIZED EQUIPMENT: FLEXIBLE METALLIC CONDUIT CONFORMING TO UL 1 OUTLET BOXES BOXES SHALL COMPLY WITH NEMA OS 1 AND SHALL BE SHEET METAL TYPE WITH PLASTER RING IN DRY LOCATIONS. BOXES SHALL COMPLY WITH NEMA FB 1 AND SHALL BE CAST METAL TYPE FD WITH GASKETED COVER IN DAMP OR WET LOCATIONS. PULL AND JUNCTION BOXES BOXES SHALL BE HOT-DIPPED GALVANIZED STEEL. BOX COVERS SHALL BE GASKETED TYPE WITH SCREWED OR BOLTED FASTENERS. WIRING DEVICES DEVICES SHALL COMPLY WITH NEMA WD 1 AND WD 6. DEVICES SHALL BE COMMERCIAL SPECIFICATION GRADE OR BETTER. ALL DEVICES SHALL BE OF THE GROUNDING TYPE. DEVICES SHALL BE MOUNTED FLUSH WITH THE LONG DIMENSION VERTICAL AND GROUNDING TERMINAL OF RECEPTACLES ON TOP. SWITCHES SHALL BE QUIET TYPE, RATED 20 AMPERES AT 120/277 VOLTS. GROUND FAULT CIRCUIT INTERRUPTERS SHALL BE FEED-THROUGH TYPE. WEATHERPROOF COVERS SHALL BE PROVIDED IN DAMP OR WET LOCATIONS. PROGRAM OCCUPANCY SENSORS FOR FIFTEEN MINUTES WITH MEDIUM SENSITIVITY. TRAIN OWNER TO ADJUST TIME AND SENSITIVITY. DEVICE COLOR: SELECTED BY ARCHITECT. DEVICE COVER: SMOOTH PLASTIC WITH COLOR TO MATCH DEVICE COLOR ELECTRICAL IDENTIFICATION IN ADDITION TO CODE-REQUIRED LABELING, ALL PANELBOARDS, ELECTRICAL ENCLOSURES, TRANSFORMERS, AND DISCONNECT SWITCHES SHALL BE IDENTIFIED WITH AN ENGRAVED PLASTIC LAMINATED NAMEPLATE. LETTERING SHALL BE 1/2" INCHES HIGH AND SHALL BE WHITE ON A BLACK BACKGROUND. NAMEPLATES SHALL BE ATTACHED TO EQUIPMENT WITH STAINLESS STEEL SELF-TAPPING SCREWS. CONTRACTOR TO COORDINATE WITH THE UTILITY COMPANY TO DETERMINE THE AVAILABLE FAULT CURRENT AT THE PANEL LOCATION SHOWN ON THE DRAWINGS. CONTRACTOR TO PROVIDE ELECTRICAL EQUIPMENT WITH AIC RATING OVER THE CALCULATED FAULT CURRENT. CALCULATED FAULT CURRENT SHALL BE LISTED ON EACH PIECE OF ELECTRICAL EQUIPMENT. CONTRACTOR TO PROVIDE AND AFFIX ARC FLASH WARNING LABELS ON ALL ELECTRICAL SWITCHBOARDS, PANELBOARDS, MOTOR CONTROL CENTERS, LOAD CENTERS, DISCONNECTS AND ENCLOSED CIRCUIT BREAKERS PER 2020 NEC ARTICLE 110.16. GROUNDING GROUNDING AND BONDING COMPONENTS SHALL COMPLY WITH UL 467. AN INSULATED EQUIPMENT-GROUNDING CONDUCTOR SHALL BE INSTALLED WITH CIRCUIT CONDUCTORS FOR ALL FEEDER AND BRANCH CIRCUITS. EXOTHERMIC-WELDED CONNECTIONS SHALL BE USED FOR ATTACHMENT TO STRUCTURAL STEEL AND UNDERGROUND CONNECTIONS. GROUNDING ELECTRODES SHALL BE 3/4" x 10' COPPERWELD TYPE. PANELBOARDS PANELBOARDS SHALL COMPLY WITH NEMA PB 1. SHOP DRAWINGS FOR EACH PANELBOARD SHALL BE SUBMITTED AND SHALL INCLUDE BUS CONFIGURATION AND CURRENT RATINGS, OVERCURRENT DEVICE ARRANGEMENT AND SETTINGS, AND PANELBOARD SHORT CIRCUIT RATING. PHASE AND NEUTRAL BUSSES SHALL BE COPPER. AN EQUIPMENT GROUND BUS SHALL BE PROVIDED AND SHALL BE BONDED TO THE PANEL BOX. PANELBOARDS WITH A MAIN SERVICE DISCONNECT SHALL BE LISTED FOR USE AS SERVICE EQUIPMENT. PANELBOARD TRIM SHALL BE BOLT-ON TYPE. CIRCUIT BREAKERS SHALL BE BOLT-ON TYPE. CIRCUIT BREAKERS SHALL BE LISTED FOR SWD, HID OR HACR USE AS APPROPRIATE. MULTI-POLE CIRCUIT BREAKERS SHALL HAVE A COMMON TRIP. TANDEM CIRCUIT BREAKERS SHALL NOT BE USED. FILLER PLATES SHALL BE INSTALLED IN UNUSED SPACES. A TYPED CIRCUIT DIRECTORY SHALL BE INSTALLED ON THE INSIDE OF THE PANELBOARD DOOR. FUSES FUSES SHALL BE NEMA FU 1 CARTRIDGE TYPE. VOLTAGE RATING SHALL BE CONSISTENT WITH CIRCUIT VOLTAGE. ARRANGE FUSES IN FUSIBLE DEVICES SO FUSE RATINGS ARE READABLE WITHOUT REMOVING FUSE. INSTALL TYPEWRITTEN LABELS ON INSIDE DOOR OF EACH FUSIBLE DEVICE TO INDICATE FUSE REPLACEMENT INFORMATION. MOTOR FEEDER AND BRANCH CIRCUITS: UL CLASS RK5, TIME DELAY OTHER FEEDER AND BRANCH CIRCUITS: UL CLASS RK1, NON-TIME DELAY DISCONNECT SWITCHES SWITCHES SHALL BE FUSED OR NONFUSED NEMA KS 1 TYPE HD. SWITCHES SHALL BE HANDLE LOCKABLE AND INTERLOCKED WITH COVER IN CLOSED POSITION. ENCLOSURES SHALL BE NEMA TYPE 1 IN INDOOR LOCATIONS AND NEMA TYPE 3R IN OUTDOOR LOCATIONS. HVAC EQUIPMENT DISCONNECTS ARE TO BE CONSIDERED ELECTRICAL EQUIPMENT AND SHALL BE INSTALLED TO MAINTAIN WORKING SPACE PER 2020 NEC ARTICLE 110.26. ELECTRICAL GENERAL NOTES: SPECIAL OUTLET - SEE SCHEDULE1 ELECTRICAL SYMBOLS EXISTING STREET LIGHT WP QUADRUPLEX CONVENIENCE OUTLET IN BOLLARD GROUND FAULT INTERRUPTER TYPE WITH WEATHERPROOF COVER A HJ W IS S U E D F O R O W N E R R E V I E W 08 / 0 2 / 2 1 WP DUPLEX CONVENIENCE OUTLET WEATHERPROOF GROUND FAULT INTERRUPTER TYPE NOTE 1. CONTRACTOR TO COORDINATE SERVICE AND METERING INSTALLATION REQUIREMENTS, AIC RATING, AND PANEL SCCR WITH UTILITY COMPANY PRIOR TO BID AND INSTALLATION. B HJ W IS S U E D F O R O W N E R R E V I E W 08 / 2 7 / 2 1 Invitation to Bid Sealed bids will be received at this office until Tuesday, March 22, 2022 @ 3:00 p.m. via ZOOM Meeting ID: 872 7237 6929; Passcode: 343305 for furnishing: Bid Item #22-189 Augusta Saturday Market – Electrical Improvement – for Augusta, GA – Central Services Department – Facilities Maintenance Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may be obtained at the offices of Augusta, GA Procurement Department, 535 Telfair Street – Suite 605, Augusta, GA 30901 (706-821-2422). All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, March 11, 2022 @ 5:00 P.M. No bid will be accepted by fax or email, all must be received by mail or hand delivered. No bids may be withdrawn for a period of ninety (90) days after Bids have been opened, pending the execution of contract with the successful vendor. A 100% performance bond and a 100% payment bond will be required for award. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. GEORGIA E-Verify and Public Contracts: The Georgia E-Verify law requires contractors and all sub-contractors on Georgia public contract (contracts with a government agency) for the physical performance of services over $2,499 in value to enroll in E-Verify, regardless of the number of employees. They may be exempt from this requirement if they have no employees and do not plan to hire employees for the purpose of completing any part of the public contract. Certain professions are also exempt. All requests for proposals issued by a city must include the contractor affidavit as part of the requirement for their bid to be considered. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax or email, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle February 17, 24, 2022, and March 3, 10, 2022 Metro Courier February 17, 2022 Revised: 2/19/2016 OFFICIAL VENDORS JHC CORPORATION 1029 PEACHTREE PKWY N #359 PEACHTREE CITY, GA 30269 HORIZON CONSTRUCTION & ASSOCIATES, INC. P.O. BOX 798 EVANS, GA 30809 Attachment "B"Yes Yes E-Verify Number 413897 229921 Addendum 1 Yes Yes Save Form Yes Yes Base Bid: $305,000.00 $353,793.96 Total Number Specifications Mailed Out: 27 Total Number Specifications Download (Demandstar): 3 Total Electronic Notifications (Demandstar): 288 Georgia Registry: 1877 Total packages submitted: 2 Total Noncompliant: 0 Bid Opening - Bid Item #22-189 Augusta Saturday Market – Electrical Improvement for Augusta, GA – Central Services Department – Facilities Maintenance Bid Date: Wednesday, March 30, 2022 @ 3:00 p.m. - Via ZOOM Page 1 of 3 Compatibility Report for Copy of 20-183 Unofficial Bid Tab.xls Run on 5/21/2020 17:07 If the workbook is saved in an earlier file format or opened in an earlier version of Microsoft Excel, the listed features will not be available. Minor loss of fidelity # of occurrences Some cells or styles in this workbook contain formatting that is not supported by the selected file format. These formats will be converted to the closest format available. 2 Version Excel 97-2003 Administrative Services Committee Meeting 9/13/2022 1:05 PM ITB 22-189 Augusta Saturday Market Bid Agenda Department:Central Services Presenter:Ron Lampkin Caption:Motion to approve the award of bid #22-189, Augusta Saturday Market - Electrical Improvements in the amount of $305,000.00 to be performed by JHC Corporation utilizing Parks and Recreation Department capital funding. Background:Electrical improvements are needed in the Augusta Saturday Market, located at the intersection of Eight and Reynolds Street in Augusta, GA. Work will be performed in accordance with all applicable rules, laws, and regulations, following the specification prepared by Johnson, Laschober & Associates, P.C. Analysis:The services were bid as ITB 22-189. Two vendors were compliant and sent to the Central Services Department for review. Central Services recommends award to JHC Corporation as they submitted the lowest bid. The bid amount falls within the proposed budget. Financial Impact:Capital Funds, as indicated below, totaling $305,000.00. 272-06- 1490/54.12110 $150,000.00 – Saturday Market 272-06-1495/54.12110 $155,000.00 – River Walk Alternatives:(1) Award bid. (2) Do not award bid. Recommendation:Motion to approve the award of bid #22-189, Augusta Saturday Market - Electrical Improvements in the amount of $305,000.00 to be performed by JHC Corporation utilizing Parks and Recreation Department capital funding. Funds are Available in the Following Accounts: $305,000.00 272-06-1490/54.12110 $150,000.00 – Saturday Market 272- 06-1495/54.12110 $155,000.00 – River Walk REVIEWED AND APPROVED BY: Procurement Finance Law Administrator Clerk of Commission Administrative Services Committee Meeting 9/13/2022 1:05 PM Location of new Fleet Facility Department:Augusta Commission Presenter:Commissioner Ben Hasan Caption:Discuss the location of a new fleet building. (Requested by Commissioner Ben Hasan) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Administrative Services Committee Meeting 9/13/2022 1:05 PM Minutes Department: Presenter: Caption:Motion to approve the minutes of the Administrative Services Committee held on August 30, 2022. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Administrative Services Committee Meeting 9/13/2022 1:05 PM Ms. Christine F. Gibson Department: Presenter:Ms. Christine F. Gibson Caption: Ms. Christine F. Gibson regarding her house being demolished by Augusta Housing & Community Development Department. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Request for Qualification Request for Qualifications will be received at this office until Tuesday, March 29, 2022 @ 11:00 a.m. via Zoom Meeting ID: 884 6140 6129; Passcode: 490400 for furnishing: RFQ Item #22-174 Design Services – Renovation of Houghton School for Juvenile Court and Broad of Elections 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). A Pre-Qualifications Conference will be held on Monday, March 14, 2022 @ 10:00 a.m. via ZOOM. Meeting ID: 819 9269 2997; Passcode: 723391. 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, March 15, 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 February 17, 24, 2022 and March 3, 10, 2022 Metro Courier February 17, 2022 Revised: 3/22/21 OFFICIAL VENDORS Attachment "B" E-Verify Number Addendum 1 SAVE Form Original 7 Copies JOHNSON LASCHOBER & ASS 1296 BROAD STREET AUGUSTA, GA 30901 HUSSEY GAY BELL 329 COMMERICAL DRIVE SAVANNAH, GA 31406 Yes 398475 Yes Yes Yes Yes GMC 801 BROAD STREET, SUITE 900 AUGUSTA, GA 30901 Yes 829134 Yes Yes Yes Yes 2KM ARCHITECTS, INC. 529 GREENE STREET AUGUSTA, GA 30901 Yes 312290 Yes Yes Yes Yes CHRIS BOOKER & ASSOCIATES 670 BROAD STREET AUGUSTA, GA 30901 Yes 667907 Yes Yes Yes Yes STUDIO 3 DESIGN GROUP 1617 WALTON WAY AUGUSTA, GA 30904 Yes 194106 Yes Yes Yes Yes VIRGO GAMBILL ARCHITECTS 3810 OAK DRIVE AUGUSTA, GA 30909 Yes 184039 Yes Yes Yes Yes Total Number Specifications Mailed Out: 15 Total Number Specifications Download (Demandstar): 8 Total Electronic Notifications (Demandstar): 371 Georgia Procurement Registry: 1857 Pre-Qualifications Conference: 19 Total packages submitted: 7 Total Noncompliant: 0 RFQ Opening - RFQ Item #22-174 Design Services – Renovation of Houghton School for Juvenile Court and Broad of Elections for Augusta, GA – Central Services Department Date: Tuesday, March 29, 2022 @ 11:00 a.m. No Bid Response Page 1 of 1 Meeting ID Topic Start Time End Time Minutes Participants 81992692997 Pre-Qualification Conference: 22-174 - Design Services – Renovation of Houghton School for Juvenile Court and Broad of Elections for Augusta, GA – Central Services Dept.3/14/2022 9:46 3/14/2022 10:22 37 19 Name (Original Name)User Email Total Duration (Minutes)Guest Shill@augustaga.gov shill@augustaga.gov 37 No Dinah Dempsey 37 Yes Nancy Williams 37 Yes Rachel Stahler 30 Yes Yolanda Jackson 5 Yes Ashkea White 27 Yes Kim Lewis 26 Yes Amy Christian 26 Yes Bill Palladino 25 Yes 17064969740 24 Yes Brad King 24 Yes Yolanda Jackson p.johnson@augustaga.gov 24 No RMA iPhone 23 Yes GERALDINE SAMS 21 Yes rarmstrong 21 Yes Tywanna Scott 18 Yes Joy - Virgo Gambill Architects (Joy - VGA)15 Yes Joe Gambill 13 Yes Darrell White 9 Yes HUSSEY GAY BELL 329 COMMERICAL DRIVE SAVANNAH, GA 31406 GMC 801 BROAD STREET, SUITE 900 AUGUSTA, GA 30901 2KM ARCHITECTS, INC. 529 GREENE STREET AUGUSTA, GA 30901 CHRIS BOOKER & ASSOCIATES 670 BROAD STREET AUGUSTA, GA 30901 STUDIO 3 DESIGN GROUP 1617 WALTON WAY AUGUSTA, GA 30904 VIRGO GAMBILL ARCHITECTS 3810 OAK DRIVE AUGUSTA, GA 30909 HUSSEY GAY BELL 329 COMMERICAL DRIVE SAVANNAH, GA 31406 GMC 801 BROAD STREET, SUITE 900 AUGUSTA, GA 30901 2KM ARCHITECTS, INC. 529 GREENE STREET AUGUSTA, GA 30901 CHRIS BOOKER & ASSOCIATES 670 BROAD STREET AUGUSTA, GA 30901 STUDIO 3 DESIGN GROUP 1617 WALTON WAY AUGUSTA, GA 30904 VIRGO GAMBILL ARCHITECTS 3810 OAK DRIVE AUGUSTA, GA 30909 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 PASS PASS PASS 2. Qualifications & Experience (0-5)20 4.3 4.4 3.4 4.1 4.0 3.5 85 87.5 67.5 82.5 80 70 3. Organization & Approach Include (0-5)15 4.8 4.4 3.9 3.6 3.5 3.5 71.25 65.625 58.125 54.375 52.5 52.5 4. Scope of Services Phase One will involve evaluation of existing amenities and operations previously mentioned, and taking into consideration input from staff, elected officials, and citizens, development of a specific program that best meets the determined needs for Commission approval. Phase Two includes preliminary design, design development, and preparation of construction documents based upon the approved program to be competitively bid. The consultant is also to provide construction administration services insure proper closeout. (0-5)20 4.3 4.0 4.0 3.5 3.8 3.6 85 80 80 70 75 72.5 5. Schedule of Work (0-5)10 4.5 3.8 3.3 3.5 4.3 3.8 45 37.5 32.5 35 42.5 37.5 6. References (0-5)5 4.3 4.3 3.8 3.5 3.5 3.3 21.25 21.25 18.75 17.5 17.5 16.25 7. Financial Stability (0-5)5 3.8 3.8 3.0 3.5 3.3 3.0 18.75 18.75 15 17.5 16.25 15 Within Richmond County 5 10 5 5 5 5 5 0 50 50 50 50 50 Within CSRA 5 6 0 0 0 0 0 0 Within Georgia 5 4 5 20 0 0 0 0 0 Within SE United States (includes AL, TN, NC, SC, FL) 5 2 0 0 0 0 0 0 • All Others 5 1 0 0 0 0 0 0 30.75 29.5 26.3 26.8 27.3 25.6 346.3 360.6 321.9 326.9 333.8 313.8 9. Presentation by Team (0-5)10 5.0 3.5 4.6 50 35 0 0 46.25 0 10. Q&A Response to Panel Questions (0-5)5 5.0 3.9 4.6 25 19.375 0 0 23.125 0 Total Phase 2 - (Total Maximum Ranking 10 - Maximum Weighted Total Possible 75) 10 7.375 0 0 9.25 0 75 54.375 0 0 69.375 0 40.75 36.875 26.25 26.75 36.5 25.625 421.3 415.0 321.9 326.9 403.1 313.8 Evaluation Sheet RFQ 22-174 Design Services - Renovation of Houghton School for Juvenile Court and Board of Elections RFQ Due: Tuesday, March 29, 2022 @ 11:00 a.m. RFQ Evaluation Date: Thursday, May 5, 2022 @ 9:00 a.m. Internal Use Only Evaluator: _Cumulative _____________________________ Date: _May 5, 2022____Phase II 5/31/22_________________ Procurement DepartmentRepresentative:______Nancy Williams______________________________________ Vendors Phase 1 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 Phase 1 Total - (Total Maximum Ranking 35 - Maximum Weighted Total Possible 425) Ranking of 0-5 (Enter a number value between 0 and 5) Scale 0 (Low) to 5 (High) Phase 2 (Option - Numbers 9-10 (Vendors May Not Receive Less Than a 3 Ranking in Any Category to be Considered for Award) Weighted Scores 8. Proximity to Area (only choose 1 line according to location of the company - enter the ranking value for the one line only) Procurement Department Completion Date: _______5/5/22__Phase II 5/31/22 Administrative Services Committee Meeting 9/13/2022 1:05 PM RFP 22-174 Award Design Contract for Converting Houghton School into Juvenile Court and Board of Elections Department:Central Services - Facilities Presenter:Ron Lampkin Caption:Motion to approve award of contract to prepare Construction Documents for converting the former Houghton Elementary School into space for Augusta Juvenile Court System (AJCS) and the Richmond County Board of Elections (RCBE) to Hussey Gay Bell Architects of Savannah, GA in the amount of $99,200 (fixed fee) for Phase I, Programming and Concept Design; and $735,000 (fixed fee) for Full Design and Construction Administration, including a $5,000 allowance for reimbursables. RFP 22- 174 Background:The AJCS has been scattered in a number of Augusta facilities since leaving their Broad Street location several years ago. The recently approved SPLOST 8 includes funding to construct convert the former Houghton Elementary School into facilities for AJCS. RCBE warehouse storage for voting machines has also been targeted for inclusion in this building. The Augusta Space Needs Assessment, completed in 2019, included evaluation of then existing AJCS operations. The RCBE was not included in this original study and will need to be evaluated to make sure near and long term needs for all operations are met. The initial phase of this contract includes development of the RCBE program and validation of the program for AJCS, taking into account changes in the requirements of the Juvenile Justice System and the changes in Augusta leadership since 2019. This program will then be used to develop preliminary designs for evaluation, discussion and estimating before moving forward with Phase II. Analysis:RFQ Item 22-174 was issued through the Procurement in accordance with Augusta requirements. Six compliant Statements of Qualification for this RFQ were received on March 29, 2022. The qualifications presented by each firm were carefully reviewed by the Evaluation Committee and ranked based upon qualifications presented by the firms. Three firms were placed on a short list to make presentations on their approach to the project and understanding of the requirements. The scores were then compiled, and Hussey Gay Bell was determined to possess the best qualifications for the design of this project. Financial Impact:The cost for Phase I, preliminary design services is $99,200. The cost for Phase II, Construction Documents and Administration is $735,000. Alternatives:1. Approve award of contract to prepare Construction Documents for converting the former Houghton Elementary School into space for Augusta Juvenile Courts and the Richmond County Board of Elections to Hussey Gay Bell Architects of Savannah, GA in the amount of $99,200 (fixed fee) for Phase I, Programming and Concept Design; and $735,000 (fixed fee) for Full Design and Construction Administration, including a $5,000 allowance for reimbursables. 2. Do not approve the award. Recommendation:Approve award of contract to prepare Construction Documents for converting the former Houghton Elementary School into space for Augusta Juvenile Court System (AJCS) and the Richmond County Board of Elections (RCBE) to Hussey Gay Bell Architects of Savannah, GA in the amount of $99,200 (fixed fee) for Phase I, Programming and Concept Design; and $735,000 (fixed fee) for Full Design and Construction Administration, including a $5,000 allowance for reimbursables. Funds are Available in the Following Accounts: Costs for this project are available in SPLOST 8. Funds availability: 2022 - $1,000,000 2023 - $5,000,000 REVIEWED AND APPROVED BY: Procurement Finance Law Administrator Clerk of Commission Administrative Services Committee Meeting 9/13/2022 1:05 PM Richmond County Marshal's Office Airport K-9 Patrol/Transport Vehicle and Equipment Department:Augusta Regional Airport Presenter:Herbert Judon Caption:Motion to approve purchase of K-9 patrol / transport vehicle and equipment in the amount of $49,614.00. Approved by the Augusta Aviation Commission on July 28, 2022. Background:The Richmond County Marshal’s Office, in anticipation of the retirement (2 years or less) of its current explosive K-9 “Abby” and handler is approved to add an additional K-9 and handler so that there will be no gap in service when the anticipated retirements occur. Additionally, for some period of time before the anticipated retirements, there will be enhanced K-9 coverage at the Augusta Regional Airport with the temporary expansion of an additional K-9 team. Analysis:The purchase of an additional K-9 Patrol/Transport vehicle, listed below will be necessary for the implementation of the additional team. Vehicle: 2022 Ford Explorer with K-9 Package. The vehicle is available on state bid at a cost of $36,566.00 from Wade Ford. K-9 Slick Package to be installed by West Warning at a cost of $13,048.00. Total Cost: $49,614.00. Financial Impact:This project will be funded through GMA program. Alternatives:To deny. Recommendation:Recommend Approval. Approved by the Augusta Aviation Commission on July 28, 2022. Funds are Available in the Following Accounts: Purchase through GMA Program fund 631101110-5499631. Annual lease payment budgeted in 551081208-6111631 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission