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Home My WebLink About2015-11-10-Meeting Mintues Engineering Services Committee Meeting Commission Chamber - 11/10/2015 ATTENDANCE: Present: Hons. Fennoy, Chairman; Hasan, Vice Chairman; Smith and Guilfoyle, members. Absent: Hon. Hardie Davis, Jr., Mayor. ENGINEERING SERVICES 1. Update from Augusta University regarding the Laney-Walker Streetscape Improvements Project. (Requested by Commissioner Marion Williams) Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve receiving this item as information. Motion Passes 4-0. Commissioner Ben Hasan Commissioner Grady Smith Passes 2. Request an update on the policies, procedures, and processes related to bulk waste or yard waste that the contract hauler has deemed to be non-compliance. (Requested by Commissioner Sias) Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve receiving this item as information. Motion Passes 4-0. Commissioner Ben Hasan Commissioner Wayne Guilfoyle Passes 3. Consider approving award of contract to Blair Construction, Inc. for construction of the Fort Gordon New Water and Sewage Connections under the Task Order Program for Infrastructure RFQ #13-194 in the amount of $832,556.07. Bid item #15-205. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Grady Smith Commissioner Ben Hasan Passes 4. Consider approving RFQ #15-207: Landscaping Services for Construction Projects for the City of Augusta - Utilities Department in the amount of $300,000 for execution by Augusta Lawn & Turf Inc., Piedmont Landscape, and Jacobs Land Management, LLC as qualified and selected contractors. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Grady Smith Commissioner Ben Hasan Passes 5. Consider Construction Change Order in the amount of $803,817.00 for Phase 1B of the AUD Library Renovation by RW Allen, LLC. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Ben Hasan Commissioner Wayne Guilfoyle Passes 6. Motion to approve the minutes of the Engineering Services Committee held on October 27, 2015. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes Commissioner Ben Hasan Commissioner Wayne Guilfoyle Passes www.augustaga.gov 4-0. 7. Procurement of historian hardware and software for Supervisory Control and Data Acquisition (SCADA) system. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Wayne Guilfoyle Commissioner Grady Smith Passes 8. Consider Professional Services Proposal from Christopher Booker and Associates, PC for the Renovation Design of 452 Walker Street, the former AT&T Building, in the amount of $122,000. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Wayne Guilfoyle Commissioner Ben Hasan Passes Engineering Services Committee Meeting 11/10/2015 1:10 PM Attendance 11/10/15 Department: Caption: Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Engineering Services Committee Meeting 11/10/2015 1:10 PM Augusta University Laney-Walker Streetscape Project Department: Caption:Update from Augusta University regarding the Laney-Walker Streetscape Improvements Project. (Requested by Commissioner Marion Williams) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Engineering Services Committee Meeting 11/10/2015 1:10 PM Solid Waste Department: Caption:Request an update on the policies, procedures, and processes related to bulk waste or yard waste that the contract hauler has deemed to be non-compliance. (Requested by Commissioner Sias) Background: a) Many residents did not understand why or how their waste was determined non-compliance. b) Residents thought that when the trash was finally picked up everything was ok, setting them up to repeat the problem with no knowledge of the fees they were accumulating. c) Residents have no idea that they had been charged an additional fee or fees until their annual property tax bill arrives. d) The bulk and yard waste compliance rules are not very clear and have changed over the last couple of years. Reference the attached photos of yard waste that was deemed non-compliance by the contract hauler, but with further review by environmental service personnel was deemed acceptable. Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Vicinity Map - Fort Gordon Augusta Information Technology - GIS Division, Augusta, GAAugusta GA GIS October 26, 2015 0 2 41 mi 0 3.5 71.75 km 1:126,720 Disclaimer: While every effort is made to keep information provided over the internet accurate and up-to-date, Augusta does not certify the authenticity or accuracy of such information. No warranties, express or implied, are provided for the records and/or mapping data herein, or for their use or interpretation by the User. Invitation to Bid Sealed bids will be received at this office on Friday, August 28, 2015 @ 11:00 a.m. for furnishing: Bid Item 15-205 Fort Gordon New Water & Sewage Connections for Utilities Department Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30901 706-821-2422 Bid documents may be examined at the office of the Augusta, GA Procurement Department, 530 Greene Street – Room 605, Augusta, GA 30901. Plans and specifications for the project shall be obtained by all prime, subcontractors and suppliers exclusively from Augusta Blue Print. The fees for the plans and specifications which are non-refundable is $25.00. It is the wish of the Owner that all businesses are given the opportunity to submit on this project. To facilitate this policy the Owner is providing the opportunity to view plans online (www.augustablue.com) at no charge through Augusta Blue Print (706 722-6488) beginning Tuesday, August 4, 2015. Bidders are cautioned that submitting a package without Procurement of a complete set are likely to overlook issues of construction phasing, delivery of goods or services, or coordination with other work that is material to the successful completion of the project. Bidders are cautioned that acquisition of documents through any other source is not advisable. Acquisition of documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. A Mandatory Pre Bid Conference will be held on Friday, August 14, 2015 @ 10:00 a.m. in the Procurement Department, 530 Telfair Street, Room 605. 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, August 18, 2014 @ 5:00 p.m. No bid will be accepted by fax, all must be received by mail or hand delivered. No Bid may be withdrawn for a period of 60 days after time has been called on the date of opening. A 10% Bid bond is required to be submitted along with the bidders’ qualifications; 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. 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 places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. GERI A. SAMS, Procurement Director Revised: 8/15/2011 BLAIR CONSTRUCTION ATTN PATRICK DILLARD PO BOX 770 EVANS, GA 30809 BLAIR CONSTRUCTION ATTN PATRICK DILLARD PO BOX 770 EVANS, GA 30809 BLAIR CONSTRUCTION ATTN PATRICK DILLARD PO BOX 770 EVANS, GA 30809 QUALITY STORM WATER SOLUTIONS ATTN THERON SAPP 437 CAMBRIDGE CIRCLE MARTINEZ GA 30907 RETURNED MAIL QUALITY STORM WATER SOLUTIONS ATTN THERON SAPP 437 CAMBRIDGE CIRCLE MARTINEZ GA 30907 QUALITY STORM WATER SOLUTIONS ATTN THERON SAPP 437 CAMBRIDGE CIRCLE MARTINEZ GA 30907 CONTRACT MANAGEMENT INC ATTN: BARRETT BOWDEN/JAMES WILLIAMS 1827 KILLINGSWORTH AUGUSTA GA 30904 CONTRACT MANAGEMENT INC ATTN: BARRETT BOWDEN/JAMES WILLIAMS 1827 KILLINGSWORTH AUGUSTA GA 30904 CONTRACT MANAGEMENT INC ATTN: BARRETT BOWDEN/JAMES WILLIAMS 1827 KILLINGSWORTH AUGUSTA GA 30904 EAGLE UTILITY ATTN TIM MCELROY 1350 BRANCH ROAD BISHOP, GA 30627 EAGLE UTILITY ATTN TIM MCELROY 1350 BRANCH ROAD BISHOP, GA 30627 EAGLE UTILITY ATTN TIM MCELROY 1350 BRANCH ROAD BISHOP, GA 30627 TOM WIEDMEIER, UTILITIES DEPARTMENT BAY STREET DEANNA DAVIS, UTILITIES DEPARTMENT BAY STREET STANLEY AYE, UTILITIES DEPARTMENT BAY STREET YVONNE GENTRY LSBOP BID ITEM 15-205 FORT GORDON NEW WATER & SEWAGE CONNECTIONS FOR UTILITIES DEPARTMENT MAILED/FAXED 4 AUG. 2015 BID ITEM 15-205 FORT GORDON NEW WATER & SEWAGE CONNECTIONS FOR UTILITIES DEPARTMENT BID DUE: FRI., AUG. 28, 2015 @ 11A.M. Per RFQ 13-194 Task Order Bid Item 15-205 pg. 1 of 1 Bid Opening Bid Item #15-205 Fort Gordon New Water & Sewage Connections for Augusta, Georgia - Utilities Department Bid Due: Friday, August 28, 2015 @ 11:00 a.m. VENDORS BLAIR CONSTRUCTION PO BOX 770 EVANS, GA 30809 Attachment "B"YES E-Verify #224004 SAVE Form YES Bid Bond YES BASE BID TOTAL $832,556.07 Total Number Specifications Mailed Out: 4 Total Number Specifications Download (Demandstar): n/a Total Electronic Notifications (Demandstar): n/a Mandatory Pre-Bid/Telephone Conference: 1 Total packages submitted: 1 Total Noncompliant: 0 Page 1 of 1 Engineering Services Committee Meeting 11/10/2015 1:10 PM Consider approving award of contract to Blair Construction, Inc. for construction of the Fort Gordon New Water and Sewage Connections under the Task Order Program for Infrastructure RFQ #13-194 in the amount of $832,556.07. Bid item #15-205. Department:Utilities Caption:Consider approving award of contract to Blair Construction, Inc. for construction of the Fort Gordon New Water and Sewage Connections under the Task Order Program for Infrastructure RFQ #13-194 in the amount of $832,556.07. Bid item #15-205. Background:The purpose of this project is to construct water and sewage connections on Fort Gordon. This project will consist of multiple connections of various sizes and installation of up to 5,000 LF of sewer main and 6,150 LF of water main. Some connections to the existing infrastructure will be upgraded and some connections will be for new infrastructure throughout the post. The costs of these connections will be reimbursed by the contractors constructing the facilities. Analysis:Blair Construction, Inc. submitted an acceptable bid package and submitted the only bid, which is consistent with our construction estimate. The Utilities Department recommends approval to award this contract to Blair Construction, Inc. Financial Impact:$832,556.07 under account number 507043490-5425410 / 88886666-5425410 Alternatives:No alternatives due to the contract being awarded under the Task Order Program for Infrastructure RFQ #13-194. Recommendation:Utilities Department recommends approval to award the contract to Blair Construction, Inc. for construction of the Fort Gordon New Water and Sewage Connections under the Task Order Program for Infrastructure RFQ #13-194 in the amount of $832,556.07. Bid item #15-205. Funds are Available $832,556.07 from account 507043490-5425410 / 88886666- in the Following Accounts: 5425410 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission STATE OF GEORGIA RICHMOND COUNTY MAJOR PROJECTS SANITARY SEWER CONNECTION SERVICES AGREEMENT BETWEEN AUGUSTA, GEORGIA AND LANDSCAPER This Agreement is made and entered into this ______ day of _ ___________, 20 by and between AUGUSTA, Georgia, a political subdivision of the State of Georgia, hereinafter called “AUGUSTA” and , a Corporation authorized to do business in Georgia, hereinafter called the "LANDSCAPER." WHEREAS, AUGUSTA desires to engage a qualified and experienced consulting firm to furnish professional services for: WHEREAS, the LANDSCAPER has represented to AUGUSTA that it is experienced and qualified to provide the services contained herein and AUGUSTA has relied upon such representation. NOW, THEREFORE, in consideration of the mutual promises and covenant herein contained, it is agreed by and between AUGUSTA and the LANDSCAPER that: CONTRACT DOCUMENTS AND SPECIFICATIONS FOR LANDSCAPING SERVICES FOR CONSTRUCTION PROJECTS Augusta, Georgia The Honorable Hardie Davis, Jr., Mayor Commissioners: William Fennoy Dennis Williams Sammie Sias Ben Hasan Bill Lockett Sean Franton Mary Davis Wayne Guilfoyle Marion Williams Grady Smith Tom D. Wiedmeier Director, Augusta Utilities Department Augusta Utilities Department 360 Bay Street, Suite 180 Augusta, GA 30901 DATE November 1, 2015 GENERAL CONDITIONS ARTICLE --DEFINITIONS Wherever used in this Agreement or in other Contract Documents, whether in the singular or in the plural, the following terms shall have the following meanings: Addenda-Any changes, revisions or clarifications of the Contract Documents which have been duly issued by AUGUSTA to prospective Bidders prior to the time of opening of Bids. Agreement-The written agreement between AUGUSTA and LANDSCAPER covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. Agreement Execution - means the date on which LANDSCAPER executes and enters into an Agreement with AUGUSTA to perform the Work. Agreement Price - means the total monies, adjusted in accordance with any provision herein, payable to the LANDSCAPER under this Agreement. Application for Payment-The form accepted by PROJECT MANAGER which is to be used by LANDSCAPER in requesting progress or final payments and which is to include such supporting documentation as is required by the Contract Documents. AUGUSTA –means a legal entity AUGUSTA, Georgia, a political subdivision of the State of Georgia. Bid-The offer or proposal of the bidder submitted on the prescribed form setting forth the price(s) for the Work to be performed. Bonds-Bid, performance and payment bonds and other instruments of security furnished by LANDSCAPER and its Surety in accordance with the Contract Documents. Change Order-- A document recommended by PROJECT MANAGER, which is signed by LANDSCAPER and AUGUSTA, and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. Contract - means the Agreement Documents specifically identified and incorporated herein by reference. Contract Documents- All documents which define the scope of the project, including but not limited to, this Agreement, task orders, specifications, advertisement for bids, instructions to bidders, the bid, the proposal, bonds, general conditions, special conditions, insurance and technical specifications. Contract Price-The moneys payable by AUGUSTA to LANDSCAPER under the Contract Documents as stated in the Agreement and/or Task Orders Contract Time - means the period of time stated in this Agreement for the completion of the Work. Day-Either a working day or calendar day as specified in the bid documents. If a calendar day shall fall on a legal holiday, that day will be omitted from the computation. Legal Holidays: New Year’s Day, Martin Luther King Day, Memorial Day, 4th of July, Labor Day, Veterans Day, Thanksgiving Day and the following Friday, and Christmas Day. Defective- An adjective which, when modifying the word Work, refers to Work that is unsatisfactory, faulty or deficient, does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to PROJECT MANAGER's recommendation of final payment, unless responsibility for the protection thereof has been assumed by AUGUSTA at Substantial Completion (in accordance with paragraph 14.8 or 14.10). Drawings-The drawings which show the character and scope of the Work to be performed and which have been prepared or approved by PROJECT MANAGER and are referred to in the Contract Documents. Effective Date of the Agreement-The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed by the Mayor of Augusta, Georgia. Field Order-A written order issued by PROJECT MANAGER that modifies Drawings and Specifications, but which does not involve a change in the Contract Price or the Contract Time. Laws or Regulations-Laws, rules, regulations, ordinances, codes and/or orders. Notice of Award-The written notice by AUGUSTA to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, AUGUSTA will sign and deliver the Agreement. Notice to Proceed-A written notice given by PROJECT MANAGER to LANDSCAPER fixing the date on which the Contract Time will commence to run and on which LANDSCAPER shall start to perform LANDSCAPER'S obligations under the Contract Documents and/or the Task Orders. LANDSCAPER - means the party or parties contracting directly with AUGUSTA to perform Work pursuant to this Agreement. PROJECT MANAGER-The Architectural/Engineering firm or individual or in-house licensed person designated to perform the design and/or resident engineer services for the Work. Specifications-Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. Subcontractor - means any person, firm, partnership, joint venture, company, corporation, or entity having a contractual agreement with LANDSCAPER or with any of its subcontractors at any tier to provide a part of the Work called for by this Agreement. Substantial Completion-The Work (or a specified part thereof) has progressed to the point where, in the opinion of PROJECT MANAGER as evidenced by PROJECT MANAGER's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be used for the purposes for which it is intended, or if there be no such certificate issued, when final payment is due in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to any Work refer to Substantial Completion thereof. Supplemental Agreement - means a written order to LANDSCAPER signed by AUGUSTA and accepted by LANDSCAPER, effecting an addition, deletion or revision in the Work, or an adjustment in the Agreement Price or the Contract Time, issued after execution of this Agreement. Task Order – means a written order specifying a Scope of Services, time of completion and compensation limit for services being provided by LANDSCAPER. Task Orders shall be incorporated by reference as part of the Supplemental Conditions of this Agreement. Work - means any and all obligations, duties and responsibilities, including the abandonment of existing septic tanks, running sewer plumbing from subject properties, providing clean-out tap at subject property line, including all appurtenances related thereto, restoring necessary concrete and/or asphalt, and services as may be more specifically defined in the Sewer Connection Task Order, assigned to or undertaken by LANDSCAPER under this Agreement. Work Change Directive-A written directive to LANDSCAPER, issued on or after the Effective Date of the Agreement and signed by AUGUSTA and recommended by PROJECT MANAGER, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.22. A Work Change Directive may not change the Contract Price or the Contract Time but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Time as provided in Article 10. Written Amendment-A written amendment of the Contract Documents, signed by AUGUSTA and LANDSCAPER on or after the Effective Date of the Agreement and normally dealing with the non-engineering or non-technical rather than strictly Work-related aspects of the Contract Documents. ARTICLE —CONTRACT DOCUMENTS; INTENT, AMENDING, REUSE 3.1 List of Documents The Agreement, the Attachments, the General Conditions, the Special Conditions, the Procurement RFQ/Bid package documents, any Supplemental Written Agreements, including Task Orders shall constitute the Agreement Documents (the “Agreement”). Conflict and Precedence The Agreement Documents are complementary, and what is called for by one is as binding as if called for by all. In the event there are any conflicting provisions or requirements in the component parts of this Agreement, the several Agreement Documents shall take precedence in the following order: 1. Agreement – Including Attachments 2. General Conditions 3. Supplemental Conditions – Including Task Orders 4. Procurement RFQ/Bid package documents 3.2 Intent: 1. The Contract Documents comprise the entire agreement between AUGUSTA and LANDSCAPER concerning the Work. The Contract Documents are complementary: what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the State of Georgia. 2. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be supplied whether or not specifically called for. When words or phrases which have a well-known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words shall be interpreted in accordance with that meaning. 3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in 3.6 or 3.7, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and the provisions of any such standard, specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents) and the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). Clarifications and interpretations of the Contract Documents shall be issued by PROJECT MANAGER as provided in paragraph 9.4. 4. Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 5. If, during the performance of the Work, LANDSCAPER discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in 6.7, LANDSCAPER shall so report to PROJECT MANAGER in writing at once and before proceeding with the Work affected thereby and shall obtain a written interpretation or clarification from PROJECT MANAGER; however, LANDSCAPER shall not be liable to AUGUSTA or PROJECT MANAGER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents unless LANDSCAPER had actual knowledge thereof or should reasonably have known thereof. 3.3 Amending and Supplementing Contract Documents: 1.) The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 1. a formal Written Amendment, 2. a Change Order (pursuant to paragraph 10.3), or 3. a Work Change Directive (pursuant to paragraph 10.4). 2.) As indicated in paragraphs 11.2 and 12.1, Contract Price and Contract Time may only be changed by a Change Order or a Written Amendment. 3.) In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized in one or more of the following ways: 1. a Field Order (pursuant to paragraph 9.5). 2. PROJECT MANAGER's approval of a Shop Drawing or sample (pursuant to paragraphs 6.24 and 6.26), or 3. PROJECT MANAGER's written interpretation or clarification (pursuant to paragraph 9.4). 3.4 Reuse of documents: 1.) Neither LANDSCAPER nor any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with AUGUSTA shall have or acquire any title to or Ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of PROJECT MANAGER or PROJECT MANAGER's consultant; and they shall not reuse such Drawings, Specifications or other documents (or copies of any thereof) on extensions of the Project or any other project without written consent of AUGUSTA and PROJECT MANAGER and specific written verification or adaptation by PROJECT MANAGER. 3.5 BINDINGS It is further agreed that AUGUSTA and LANDSCAPER each binds itself and themselves, its or their successors, executors, administrators and assigns to the other party to this Agreement and to its or their successors, executors and assigns in respect to all covenants of this Agreement. Except as above, neither AUGUSTA nor the LANDSCAPER shall assign, sublet or transfer its or their interest in this Agreement without prior written consent of the other party hereto. ARTICLE—BONDS AND INSURANCE 5.1 Performance and Other Bonds: 5.1.1 LANDSCAPER shall furnish performance and payment Bonds, each in an amount at least equal to the Contract Price as Security for the faithful performance and payment of all LANDSCAPER's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as otherwise provided by Law or Regulation or by the Contract Documents. LANDSCAPER shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the forms prescribed by Law or Regulation or by the Contract Documents and be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds, and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. 5.2 Licensed Sureties and Insurers; Certificates of Insurance 5.2.1 All bonds and insurance required by the Contract Documents to be purchased and maintained by LANDSCAPER shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Georgia to issue bonds or insurance policies for the limits and coverages so required. All bonds signed by an agent must be accompanied by a certified copy of authority to act. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.2.2. LANDSCAPER shall deliver to AUGUSTA, with copies to each additional insured identified in 5.3, an original or a certified copy of the complete insurance policy for each policy required, certificates of insurance (and other evidence of insurance requested by AUGUSTA or any other additional insured) which LANDSCAPER is required to purchase and maintain in accordance with 5.3. 5.2.3. If the surety on any Bond furnished by LANDSCAPER is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1, LANDSCAPER shall within five days thereafter substitute another Bond and Surety, both of which must be acceptable to AUGUSTA. 5.3 LANDSCAPER's Liability Insurance: 5.3.1 LANDSCAPER shall purchase and maintain such comprehensive general liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from LANDSCAPER's performance and furnishing of the Work and LANDSCAPER's other obligations under the Contract Documents, whether it is to be performed or furnished by LANDSCAPER, by any Subcontractor, by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: 5.3.1. Claims under workers' or workmen's compensation, disability benefits and other similar employee benefit acts; 5.3.2. Claims for damages because of bodily injury, occupational sickness or disease, or death of LANDSCAPER's employees; 5.3.3. Claims for damages because of bodily injury, sickness or disease, or death of any person other than LANDSCAPER's employees; 5.3.4. Claims for damages insured by personal injury liability coverage which are sustained (a) by any person as a result of an offense directly or indirectly related to the employment of such person by LANDSCAPER, or (b) by any other person for any other reason; 5.3.5. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; 5.3.6. Claims arising out of operation of Laws or Regulations for damages because of bodily injury or death of any person or for damage to property; and 5.3.7. Claims for damages because of bodily injury or death of any person or property damage arising out of the OWNERSHIP, maintenance or use of any motor vehicle. The insurance required by this paragraph 5.3 shall include the specific coverage’s and be written for not less than the limits of liability and coverage’s provided in the Supplementary Conditions, or required by law, whichever is greater. The comprehensive general liability insurance shall include completed operations insurance. All of the policies of insurance so required to be purchased and maintained (or the certificates or other evidence thereof) shall contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days prior written notice has been given to AUGUSTA, PROGRAM MANAGER, and PROJECT MANAGER by certified mail. All such insurance shall remain in effect until final payment and at all times thereafter when LANDSCAPER may be correcting, removing or replacing defective Work in accordance with paragraph 13.12. In addition, LANDSCAPER shall maintain such completed operations insurance for at least two years after final payment and furnish AUGUSTA with evidence of continuation of such insurance at final payment and one year thereafter. 5.4 Contractual Liability Insurance: 5.4.1 The comprehensive general liability insurance required by paragraph 5.3 will include contractual liability insurance applicable to LANDSCAPER's obligations under paragraphs 6.32 and 6.33. 5.5 Indemnification 5.5.1. LANDSCAPER shall indemnify and hold harmless AUGUSTA, PROGRAM MANAGER, and its employees and agents from and against all liabilities, claims, suits, demands, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from the performance of its Work, provided that any such liability, claim, suit, demand, damage, loss, or expense (a) is attributable to bodily injury, sickness, disease or death, or injury to or destruction of tangible property, including the loss of use resulting therefrom and (b) is caused in whole or in part by an act or omission of LANDSCAPER, any Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, whether or not it is caused in whole or in part by the negligence or other fault of a party indemnified hereunder. 5.5.2. In any and all claims against AUGUSTA or any of its agents or employees by any employee of LANDSCAPER, any Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under the previous paragraph shall not be limited in any way as to the amount or type of damages, compensation or benefits payable by or for LANDSCAPER or any SUBLANDSCAPER under workmen’s compensation acts, disability benefit acts, or other employee benefit acts. 5.5.3. LANDSCAPER shall indemnify and hold harmless AUGUSTA and anyone directly or indirectly employed by it from and against all claims, suits, demands, damages, losses expenses (including attorneys’ fees) arising out of any infringement on patent or copyrights held by others and shall defend all such claims in connection with any alleged infringement of such rights. 5.6 CONTRACTOR’S LIABILITY INSURANCE: Insurance shall be written with limits of liability shown below or as required by law, whichever is greater: Commercial General Liability (per occurrence) Each Occurrence $ 1,000,000 General Aggregate $ 2,000,000 Products $ 2,000,000 Personal & Adv Injury $ 1,000,000 Fire Damage $ 500,000 Automobile Liability (any auto) Combined Single Limit $ 1,000,000 Excess Liability (any auto) Each Occurrence $ 5,000,000 Workers Compensation Statutory Limits Employer Liability $1,000,000 ARTICLE—LANDSCAPER’S RESPONSIBILITIES 6.1. LANDSCAPER shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. LANDSCAPER shall be solely responsible for the means, methods, techniques, sequences and procedures of Work. LANDSCAPER shall be responsible to see that the finished Work complies accurately with the Contract Documents. 1. PROFESSIONAL STANDARDS The standard of care for all services performed or furnished by LANDSCAPER under this Agreement will be the level of care and that is ordinarily used by members of LANDSCAPER’S profession practicing under similar conditions. 6.2. LANDSCAPER shall keep on the Work, at all times during its progress, a competent resident superintendent, who shall not be replaced without written notice to AUGUSTA and PROJECT MANAGER except under extraordinary circumstances. The superintendent will be LANDSCAPER's representative at the site and shall have authority to act on behalf of LANDSCAPER. All communications to the superintendent shall be as binding as if given to LANDSCAPER. ARTICLE— WARRANTY AND GUARANTEE; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 12.1 Warranty and Guarantee: 1. LANDSCAPER warrants and guarantees to AUGUSTA that all materials and equipment will be new unless otherwise specified and that all work will be of good quality, performed in a workmanlike manner, free from faults or defects, and in accordance with the requirements of the Contract Documents and any inspections, tests, or approvals referred to in this Article. All unsatisfactory Work, all faulty Work and all Work not conforming to the requirements of the Contract Documents or such inspections, tests, approvals, or all applicable building, construction and safety requirements shall be considered defective. Notice of all defects shall be given to LANDSCAPER by PROJECT MANAGER. All defective work, whether or not in place, may be rejected, corrected, or accepted as provided in this Article. 2. LANDSCAPER shall warrant and guarantee to each individual property owner that all materials and equipment will be new unless otherwise specified and that all work will be of good quality, performed in a workmanlike manner, free from faults or defects, and in accordance with the requirements of the Contract Documents and any inspections, tests, or approvals referred to in this Article. All unsatisfactory Work, all faulty Work and all Work not conforming to the requirements of the Contract Documents or such inspections, tests, approvals, or all applicable building, construction and safety requirements shall be considered defective. 12.2 Access to Work: 1. For the duration of the Work, PROJECT MANAGER and its representatives, other designated representatives of AUGUSTA, and authorized representatives of any regulatory agency shall at all times be given access to the Work. LANDSCAPER shall provide proper facilities for such access and observation of the Work and also for any inspection or testing by others. 12.3 Uncovering Work: 1. If any Work required to be inspected, tested or approved is covered prior thereto without the prior written approval of PROJECT MANAGER, or if any Work is covered contrary to the request of PROJECT MANAGER, the Work shall, if requested by PROJECT MANAGER, be uncovered for observation, inspection, testing or approval and replaced at LANDSCAPER’s expense. 2. If PROJECT MANAGER considers it necessary or advisable that covered Work be observed by PROJECT MANAGER or inspected or tested by others, LANDSCAPER, at PROJECT MANAGER's request, shall uncover, expose or otherwise make available for observation, inspection or testing as PROJECT MANAGER may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, LANDSCAPER shall bear all direct and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including but not limited to fees and charges of PROJECT MANAGERs, architects, attorneys and other PROJECT MANAGERs), and AUGUSTA shall be entitled to an appropriate decrease in the Contract Price and, if the parties are unable to agree as to the amount thereof, AUGUSTA may make a claim therefor as provided in Article 11. If, however, such Work is not found to be defective, LANDSCAPER shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction, and, if the parties are unable to agree as to the amount or extent thereof, LANDSCAPER may make a claim therefor as provided in Articles 11 and 12. 12.4 AUGUSTA May Stop the Work: 1. When Work is defective or when LANDSCAPER fails to supply sufficient skilled workmen or suitable materials or equipment or make prompt payments to Subcontractors for labor, materials, or equipment or if LANDSCAPER violates any provisions of these Contract Documents, AUGUSTA may order LANDSCAPER to stop the Work until the cause for such order has been eliminated. However, this right of AUGUSTA to stop the Work shall not give rise to any duty on the part of AUGUSTA to exercise this right for the benefit of LANDSCAPER or any other party. LANDSCAPER shall have no right to claim an increase in the Contract Price or Contract Time or other damages for a stop work order under this paragraph. 12.5 Correction or Removal of Defective Work: 1. When directed by PROJECT MANAGER, LANDSCAPER shall promptly, without cost to AUGUSTA and as specified by PROJECT MANAGER, either correct the defective Work whether fabricated, installed, or completed, or remove it from the site and replace it with non- defective Work. If LANDSCAPER does not correct such defective Work or remove and replace such defective Work within a reasonable time, as specified in a written notice from PROJECT MANAGER, AUGUSTA may have the deficiency corrected. All direct and indirect costs of such correction shall be paid by LANDSCAPER or deducted from payment to LANDSCAPER. LANDSCAPER will also bear the expense of correcting or removing and replacing all Work of others destroyed or damaged by the correction, removal, or replacement of the defective Work. 12.6 One Year Correction Period: 1. If, after approval of final payment and prior to the expiration of one year after the date of substantial completion or such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents, any Work or materials are found to be defective, incomplete, or otherwise not in accordance with the Contract Documents, LANDSCAPER shall promptly, without cost to AUGUSTA and in accordance with AUGUSTA’s written instructions, either correct such defective Work or if it has been rejected by AUGUSTA, remove it from the Site and replace it with non-defective Work. If LANDSCAPER does not promptly comply with the terms of such instructions, AUGUSTA may have the defective Work corrected, removed, or replaced. All direct, indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of engineers, architects, attorneys and other PROJECT MANAGERs) will be paid by LANDSCAPER. 12.7 Neglected Work by LANDSCAPER 1. If LANDSCAPER neglects to execute the Work in accordance with the Contract Documents, including any requirements of the progress schedule, PROJECT MANAGER may direct LANDSCAPER to submit a recovery plan and take specific corrective actions including, but not limited to, employing additional workmen and/or equipment, and working extended hours and additional days, all at no cost to AUGUSTA in order to put the Work back on schedule. If LANDSCAPER fails to correct the deficiency or take appropriate corrective action, AUGUSTA may terminate the contract or LANDSCAPER’s right to proceed with that portion of Work and have the Work done by others. The cost of completion under such procedure shall be charged against LANDSCAPER. A Change Order shall be issued incorporating the necessary revisions in the Contract Documents, including an appropriate reduction in the Contract Price. If the payments due LANDSCAPER are not sufficient to cover such amount, LANDSCAPER shall pay the difference to AUGUSTA. 2. Should LANDSCAPER work overtime, weekends or holidays to regain the schedule, all costs to AUGUSTA of associated inspection, construction management and resident engineers shall be identified to LANDSCAPER and the Contract Price reduced by a like amount via Change Order. ARTICLE— SUSPENSION OF WORK AND TERMINATION 13.1 AUGUSTA May Suspend Work: 1. AUGUSTA may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to LANDSCAPER and PROJECT MANAGER which will fix the date on which Work will be resumed. LANDSCAPER shall resume the Work on the date so fixed. LANDSCAPER shall be allowed an adjustment in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension if LANDSCAPER makes an approved claim therefor as provided in Articles 11 and 12. 13.2 Termination For Cause: 1. Upon the occurrence of any one or more of the following events: 1.1. if LANDSCAPER commences a voluntary case under any chapter of the Bankruptcy Code (Title 11, United States Code), as now or hereafter in effect, or if LANDSCAPER takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency; 1.2. if a petition is filed against LANDSCAPER under any chapter of the Bankruptcy Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against LANDSCAPER under any other federal or state law in effect at the time relating to bankruptcy or insolvency; 1.3. if LANDSCAPER makes a general assignment for the benefit of creditors; 1.4. if a trustee, receiver, custodian or agent of LANDSCAPER is appointed under applicable law or under contract, whose appointment or authority to take charge of property of LANDSCAPER is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of LANDSCAPER's creditors; 1.5. if LANDSCAPER admits in writing an inability to pay its debts generally, as they become due; 1.6. if LANDSCAPER fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as revised from time to time); 1.7. if LANDSCAPER disregards Laws or Regulations of any public body having jurisdiction; 1.8. if LANDSCAPER disregards the authority of PROJECT MANAGER; or 1.9. if LANDSCAPER otherwise violates in any substantial way any provisions of the Contract Documents, AUGUSTA may, after giving LANDSCAPER (and the surety, if there be one) seven days' written notice and to the extent permitted by Laws and Regulations, terminate the services of LANDSCAPER, exclude LANDSCAPER from the site and take possession of the Work and of all LANDSCAPER's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by LANDSCAPER (without liability to LANDSCAPER for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which AUGUSTA has paid LANDSCAPER but which are stored elsewhere, and finish the Work as AUGUSTA may deem expedient. In such case LANDSCAPER shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct, indirect and consequential costs of completing the Work (including but not limited to fees and charges of PROJECT MANAGERs, architects, attorneys and other PROJECT MANAGERs and court and arbitration costs) such excess will be paid to LANDSCAPER. If such costs exceed such unpaid balance, LANDSCAPER shall pay the difference to AUGUSTA. Such costs incurred by AUGUSTA will be approved as to reasonableness by PROJECT MANAGER and incorporated in a Change Order, but when exercising any rights or remedies under this paragraph, AUGUSTA shall not be required to obtain the lowest price for the Work performed. 2. In the event AUGUSTA terminates the contract for cause and it is subsequently judicially determined that there was no cause for termination, the termination for convenience provision will be the means for disposition of the balance of the contract obligations. 13.3 Termination for Convenience Upon seven working days’ written notice to LANDSCAPER and PROJECT MANAGER, AUGUSTA may, without cause and without prejudice to any other right or remedy of AUGUSTA, elect to terminate the Contract. In such case, LANDSCAPER shall be paid (without duplication of any items): 1. For completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. For expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. For all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, suppliers and others; and 4. For reasonable expenses directly attributable to termination. 5. LANDSCAPER shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 6. Where LANDSCAPER's services have been so terminated by AUGUSTA, the termination will not affect any rights or remedies of AUGUSTA against LANDSCAPER then existing or which may thereafter accrue. Any retention or payment of moneys due LANDSCAPER by AUGUSTA will not release LANDSCAPER from liability. 13.4 LANDSCAPER May Stop Work or Terminate: If through no act or fault of LANDSCAPER, the Work is suspended for a period of more than ninety calendar days by AUGUSTA or under an order of court or other public authority, or PROJECT MANAGER fails to act on any Application for Payment within thirty days after it is submitted or AUGUSTA fails for thirty-one days to pay LANDSCAPER any sum finally determined to be due, then LANDSCAPER may upon seven working days’ written notice to AUGUSTA and PROJECT MANAGER and provided AUGUSTA or PROJECT MANAGER did not remedy such suspension or failure within that time, terminate the Agreement and recover from AUGUSTA payment on the same terms as provided in 15.2. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if PROJECT MANAGER has failed to act on an Application for Payment within thirty days after it is submitted or AUGUSTA has failed for thirty-one calendar days after it is submitted to pay LANDSCAPER any sum finally determined to be due, LANDSCAPER may upon seven days’ written notice to AUGUSTA and PROJECT MANAGER stop the Work until receipt of payment of all such amounts due LANDSCAPER, including interest thereon. The provisions of this paragraph are not intended to preclude LANDSCAPER from making claim under Articles 11 and 12 for an increase in Contract Price or Contract Time or otherwise for expenses or damage directly attributable to LANDSCAPER’s stopping Work as permitted by this paragraph. The provisions of this paragraph shall not relieve LANDSCAPER of the obligations under paragraph 6.30 to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with AUGUSTA. 13.5 SPECIFIED EXCUSES FOR DELAY OR NON-PERFORMANCE LANDSCAPER is not responsible for delay in performance caused by hurricanes, tornadoes, floods, and other severe and unexpected acts of nature. In any such event, the contract price and schedule shall be equitably adjusted. ARTICLE— PAYMENTS TO LANDSCAPER AND COMPLETION -PAYMENTS SHALL BE MADE IN ACCORDANCE WITH TASK ORDERS FOR EACH OF THE INDIVIDUAL PROPERTIES When AUGUSTA authorizes the LANDSCAPER to proceed with the work authorized in a Task Order, it agrees to pay the LANDSCAPER for work completed, on the basis of the standard billing rates shown in Attachment B to the Contract of those principals and employees engaged directly on the work. GEORGIA PROMPT PAY ACT: This Agreement is intended by the Parties to, and does, supersede any and all provisions of the Georgia Prompt Pay Act, O.C.G.A. Section 13-11-1, et seq. In the event any provision of this Agreement is inconsistent with any provision of the Prompt Pay Act, the provision of this Agreement shall control. Defective pricing To the extent that the pricing provided by LANDSCAPER is erroneous and defective, the parties may, by agreement, correct pricing errors to reflect the intent of the parties. ARTICLE— DISPUTE RESOLUTION 1. All disputes arising under this Contract or its interpretation whether involving law or fact or both, or extra work, and all claims for alleged breach of contract shall within ten (10) working days of the commencement of the dispute be presented by LANDSCAPER to AUGUSTA for decision. All papers pertaining to claims shall be filed in quadruplicate. Such notice need not detail the amount of the claim but shall state the facts surrounding the claim in sufficient detail to identify the claim, together with its character and scope. In the meantime, LANDSCAPER shall proceed with the Work as directed. Any claim not presented within the time limit specified in this paragraph shall be deemed to have been waived, except that if the claim is of a continuing character and notice of the claim is not given within ten (10) working days of its commencement, the claim will be considered only for a period commencing ten (10) working days prior to the receipt by AUGUSTA of notice thereof. Each decision by AUGUSTA will be in writing and will be mailed to LANDSCAPER by registered or certified mail, return receipt requested, directed to his last known address. 2. All claims, disputes and other matters in question between AUGUSTA and LANDSCAPER arising out of, or relating to, the Contract Documents or the breach thereof shall be decided under Georgia Law in the Superior Court of Richmond County, Georgia. LANDSCAPER by execution of the Contract consents to jurisdiction and venue in the Superior Court of Richmond County, Georgia, and waives any right to contest same. 3. RESPONSIBILITY FOR CLAIMS AND LIABILITY The LANDSCAPER shall be responsible for any and all damages to properties or persons caused by its employees, subcontractors, or agents, and shall hold harmless AUGUSTA, its officers, agents and employees from all suits, claims, actions or damages of any nature whatsoever to the extent found to be resulting from the LANDSCAPER, its subcontracts, or agent in the negligent performance or non-performance of work under this Agreement. These indemnities shall not be limited by reason of the listing of any insurance coverage. ARTICLE— MISCELLANEOUS 15.1. Giving Notice: Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. Notices shall be addressed as follows: AUGUSTA: LANDSCAPER: ADMINISTRATOR AUGUSTA, GEORGIA 530 Greene Street Augusta, GA 30911 Copy to: DIRECTOR AUGUSTA UTILITIES DEPARTMENT 360 Bay Street, Suite 180 Augusta, GA 30901 15.2 Computation of Time: 1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 2. A calendar day of twenty-four hours measured from midnight to the next midnight shall constitute a day. 15.3 PROFESSIONAL STANDARDS The standard of care for all services performed or furnished by LANDSCAPER under this Agreement will be the level of care and that is ordinarily used by members of LANDSCAPER’S profession practicing under similar conditions. 15.4 PERSONNEL The LANDSCAPER represents that it has secured or will secure, at its own expense, all personnel necessary to complete this Agreement; none of whom shall be employees of, or have any contractual relationship with, AUGUSTA. All of the services required hereunder will be performed by the LANDSCAPER under its supervision, and all personnel engaged in the work shall be qualified and shall be authorized or permitted under law to perform such services. All key professional personnel, including subcontractors, engaged in performing services for the LANDSCAPER under this agreement are indicated in a personnel listing attached hereto as Attachment C – Listing of Key Personnel and incorporate herein by reference. No changes or substitution shall be permitted in the LANDSCAPER’s Key Personnel without the prior written approval of AUGUSTA or his designee. The LANDSCAPER shall employ only persons duly registered in the appropriate category in responsible charge of supervision and design of the work. The LANDSCAPER shall endorse all reports, contract plans, and survey data. Such endorsements shall be made by a person duly registered in the appropriate category by the Georgia State Board of Registration for Professional Engineers and Land Surveyors, being in the full employ of the LANDSCAPER and responsible for the work prescribed by this Agreement. 15.5 RESPONSIBILITY FOR CLAIMS AND LIABILITY 1. The LANDSCAPER shall be responsible for any and all damages to properties or persons caused by its employees, subcontractors, or agents, and shall hold harmless AUGUSTA, its officers, agents and employees from all suits, claims, actions or damages of any nature whatsoever to the extent found to be resulting from the LANDSCAPER, its subcontracts, or agent in the negligent performance or non-performance of work under this Agreement. These indemnities shall not be limited by reason of the listing of any insurance coverage. 2. Should AUGUSTA or LANDSCAPER suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim should be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. 15.6. INDEPENDENT CONTRACTOR The LANDSCAPER shall perform the services under this Agreement as an independent contractor and nothing contained herein shall be construed to be inconsistent with this relationship or status. Nothing in this Agreement shall be interpreted or construed to constitute the LANDSCAPER or any of its agents or employees to be the agent, employee, or representative of AUGUSTA. 15.7 OPEN RECORDS LANDSCAPER acknowledge that all records relating to this Agreement and the services to be provided under the contract may be a public record subject to Georgia’s Open Records Act (O.C.G.A. § 50-18-70, et seq.). LANDSCAPER shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. 15.7 RECORDS RETENTION LANDSCAPER shall keep adequate records and supporting documentation applicable to this Work and Contract. Said records and documentation shall be retained by LANDSCAPER for a minimum of five (5) years from the date of final completion or termination of this Contract. AUGUSTA shall have the right to audit, inspect, and copy all such records and documentation as often as AUGUSTA deems necessary during the period of the Contract and for a period of five (5) years thereafter provided, however, such activity shall be conducted only during normal business hours. AUGUSTA, during this period of time, shall also have the right to obtain a copy of and otherwise inspect any audit made at the direction of LANDSCAPER as concerns the aforesaid records and supporting documentation. 15.8 COVENANT AGAINST CONTINGENT FEES The LANDSCAPER warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by LANDSCAPER for the purpose of securing business and that the LANDSCAPER has not received any non- AUGUSTA fee related to this Agreement without the prior written consent of AUGUSTA. For breach or violation of this warranty, AUGUSTA shall have the right to annul this Agreement without liability or at its discretion to deduct from the Agreement Price of consideration the full amount of such commission, percentage, brokerage or contingent fee. 15.9 EQUAL EMPLOYMENT OPPORTUNITY During the performance of this Agreement, the LANDSCAPER agrees as follows: (1) the LANDSCAPER will not discriminate against any employee or applicant for employment because of race, creed, color, sex or national origin; (2) the LANDSCAPER will, in all solicitations or advertisements for employees placed by qualified applicants, receive consideration for employment without regard to race, creed, color, sex or national origin; (3) the LANDSCAPER will cause the foregoing provisions to be inserted in all subcontracts for any work covered by the Agreement so that such provision will be binding upon each subcontractor, provided that the foregoing provision shall not apply to contracts or subcontracts for standard commercial supplies of raw materials. 15.10 DRUG FREE WORK PLACE LANDSCAPER shall be responsible for insuring that its employees shall not be involved in any manner with the unlawful manufacture, distribution, dispensation, possession, sale or use of a controlled substance in the workplace. For purposes of the policy, “workplace” is defined as AUGUSTA owned or leased property, vehicles, and project or client site. Any violation of the prohibitions may result in discipline and/or immediate discharge. LANDSCAPER shall notify the appropriate federal agencies of an employee who has a criminal drug statute conviction for workplace violation. LANDSCAPER may require drug or alcohol testing of employees when contractually or legally obligated, or when good business practices would dictate. 15.11 ANTI-KICKBACK CLAUSE Salaries of architects, drafters, engineer’s, and technicians performing work under this Agreement shall be paid unconditionally and not less often than once a month without deduction or rebate on any account except only such payroll deductions as are mandatory by law. The LANDSCAPER hereby promises to comply with all applicable "Anti-kickback" laws, and shall insert appropriate provisions in all subcontracts covering work under this Agreement. 15.12 AUDITS AND INSPECTORS At any time during normal business hours and as often as AUGUSTA may deem necessary, the LANDSCAPER shall make available to AUGUSTA and/or audit representatives of AUGUSTA for examination all of its records with respect to all matters covered by this Agreement. It shall also permit AUGUSTA and/or representatives of the audit, examine and make copies, excerpts or transcripts from such records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. The LANDSCAPER shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred on the Project and used in support of its proposal and shall make such material available at all reasonable times during the period of the Agreement, and for three years from the date of final payment under the Agreement, for inspection by AUGUSTA or any reviewing agencies, and copies thereof shall be furnished upon request at cost plus 10%. The LANDSCAPER agrees that the provisions of this Article shall be included in any Agreements it may make with any subcontractor, assignee, or transferee. 15.13 ASSIGNABILITY The LANDSCAPER shall not assign or transfer whether by an assignment or novation, any of its rights, obligations, benefits, liabilities or other interest under this Agreement without the written consent of AUGUSTA. 15.14 PROHIBITED INTERESTS 1. Conflict of Interest: The LANDSCAPER agrees that it presently has no interest and shall acquire no interest, direct or indirect, that would conflict in any manner or degree with the performance of its services hereunder. The LANDSCAPER further agrees that, in the performance of the Agreement, no person having such interest shall be employed. 2. Interest of Public Officials: No member, officer, or employee of AUGUSTA during his tenure or for one year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. 3. Employment of AUGUSTA’s Personnel: The LANDSCAPER shall not employ any person or persons in the employ of AUGUSTA for any work required by the terms of the Agreement, without the written permission of AUGUSTA except as may otherwise be provided for herein. 15.15 VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of AUGUSTA, either before, during, or after the execution of this Agreement, shall affect or modify any of the terms or obligations herein contained, nor shall such verbal agreement or conversation entitle the LANDSCAPER to any additional payment whatsoever under the terms for this Agreement. All changes to this Agreement shall be in writing and appended hereto as prescribed in Article 3 above. 15.16 LOCAL SMALL BUSINESS: In accordance with Chapter 10B of the AUGUSTA, GA. CODE, Contractors agree 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 upon request. The requirements of the Local Small Business Opportunity Program can be found at www.augustaga.gov. In accordance with AUGUSTA, GA. CODE, Contractors shall report to Augusta, Georgia the total dollars paid to each subcontractor, vendor, or other business on each contract, and shall provide such payment affidavits, regarding payment to subcontractors, if any, as required by Augusta, Georgia. Such utilization reports 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. Required forms can be found at www.augustaga.gov. If you need assistance completing a form or filing information, please contact the Local Small Business Opportunity Program Office at (706)821-2406. 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. 15.17 E-VERIFY: All contractors and subcontractors entering into contracts with Augusta, Georgia for the physical performance of services shall be required to execute an Affidavit verifying its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with Augusta, Georgia has registered with and is participating in a federal work authorization program. All contractors and subcontractors must provide their E-Verify number and must be in compliance with the electronic verification of work authorized programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91 and shall continue to use the federal authorization program throughout the contract term. All contractors shall further agree that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to its contract with Augusta, Georgia the contractor will secure from such subcontractor(s) each subcontractor’s E-Verify number as evidence of verification of compliance with O.C.G.A. § 13-10-91 on the subcontractor affidavit provided in Rule 300-10-01-.08 or a substantially similar form. All contractors shall further agree to maintain records of such compliance and provide a copy of each such verification to Augusta, Georgia at the time the subcontractor(s) is retained to perform such physical services EXTENT OF THE AGREEMENT This Agreement represents the entire agreement between AUGUSTA and LANDSCAPER and supersedes all prior negotiations, representations and agreements, either written or oral. ACKNOWLEDGEMENTS “Landscaper acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Board of Commissioners and approval of the Mayor. Under Georgia law, Landscaper is deemed to possess knowledge concerning Augusta, Georgia's ability to assume contractual obligations and the consequences of Landscaper'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 Landscaper may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Landscaper agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if the Landscaper 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 Landscaper. Landscaper assumes all risk of non-payment for the provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized, including, without limitation, all remedies at law or equity." This acknowledgement shall be a mandatory provision in all Augusta, Georgia contracts for goods and services, except revenue producing contracts [SIGNATURES ON FOLLOWING PAGE] IN WITNESS WHEREOF, said parties have hereunto set their seals the day and year written below: CITY: LANDSCAPER: AUGUSTA, GEORGIA (AUGUSTA) BY: BY: PRINTED NAME: PRINTED NAME AS ITS: MAYOR AS ITS: ATTEST CLERK: ATTEST: PRINTED NAME: PRINTED NAME AS ITS: Clerk of Commission AS ITS: DATE: DATE: Copy To: DIRECTOR AUGUSTA UTILITIES DEPARTMENT 360 Bay Street, Suite 180 Augusta, GA 30901 REQUEST FOR QUALIFICATION Request for Qualifications will be received at this office until Thursday, September 24, 2015 @ 11:00 a.m. for furnishing: RFQ Item #15-207 Landscaping Services for Construction Projects for the Utilities Department Qualifications will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Request for Qualification (RFQ) documents may be viewed on the Augusta Georgia web site under the Procurement Department ARCbid. RFQ documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. A Pre-Qualification Conference will be held on Tuesday, September 8, 2015 @ 10:00 a.m. in the Procurement Department, 535 Telfair Street, Room 605. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Thursday September 10, 2015 @ 5:00 P.M. No RFQ will be accepted by fax, all must be received by mail or hand delivered. No qualifications may be withdrawn for a period of 90 days after time has been called on the date of opening. Request for qualifications (RFQ) and specifications. An RFQ shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the RFQ including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the RFQ which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark RFQ number on the outside of the envelope. Proponents are cautioned that acquisition of RFQ documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RFQ documents from unauthorized sources places the Proponent at the risk of receiving incomplete or inaccurate information upon which to base its qualifications. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle August 13, 20, 27, September 3, 2015 Metro Courier August 19, 2015 Revised: 1/8/2015 VENDORS Attachment "B"E-Verify #SAVE Form Original 7 Copies AUGUSTA LAWN & TURF INC 3618 PHILLIPS DR, MARTINEZ, GA 30907 YES 202665 YES YES YES PIEDMONT LANDSCAPE MANANGEMENT 2475 WIRE ROAD ARNOLDSVILLE, GA 30619 YES 911899 YES YES YES JACOBS LAND MANAGEMENT, LLC 733 SCOTT NIXON MEMORIAL DR AUGUSTA, GA 30907 YES 417873 YES YES YES Total Number Specifications Mailed Out: 11 Pre-Proposal/Telephone Conference Attendees: 1 Total packages submitted: 3 Total Noncompliant: 0 Qualification Opening RFQ Item #15-207 Landscaping Services for Construction Projects for Augusta, Georgia - Utilities Department RFQ Due: Thursday, September 24, 2015 @ 11:00 a.m. Page 1 of 1 Evaluation Criteria PTS AUGUSTA LAWN & TURF INC 3618 PHILLIPS DR, MARTINEZ, GA 30907 PIEDMONT LANDSCAPE MANANGEMENT 2475 WIRE ROAD ARNOLDSVILLE, GA 30619 JACOBS LAND MANAGEMENT, LLC 733 SCOTT NIXON MEMORIAL DR AUGUSTA, GA 30907 1. Contractor's experience in site restoration 45 45 43 45 2. Capacity/Ability to respond 25 20 24 25 3. Ability to meet liability insurance and specified bonding requirements 25 25 25 25 4. Proximity to Area • Within Richmond County 5 pts • Within CSRA 4 pts • Within Georgia 3 pts • Within SE United States (includes AL, TN, NC, SC, FL) 2 pts • All Others 1 pt. 5 4 3 5 Total 100 94 95 100 Cumulative Evaluation Sheet - RFQ Item #15-207 Landscaping Services for Construction Projects for Augusta, Georgia - Utilities Department Wednesday, October 8, 2015 @ 3:00 p.m. GEARIG CIVIL WORKS ATTN: ED CLUBER 621 PONDER PLACE DRIVE #3, EVANS, GA 30809 PRESCOTT INDUSTRIES, INC. C/O ARTHUR L. PRESCOTT 2404 OLD SAVANNAH ROAD AUGUSTA, GA 30906 AUGUSTA QUALITY LAWN CARE C/O BONNIE OR JOHN GREGORY 1540 KERON WAY HEPHZIBAH, GA 30815 JACOBS LAND MANAGEMENT, LLC C/O LYNN JUDSON 733 SCOTT NIXON MEMORIAL DRIVE AUGUSTA, GA 30907 BLAIR CONSTRUCTION, INC. P.O. BOX 770 EVANS, GA 30809 DALZELL DESIGN LANDSCAPING 925 CURRYTOWNE BLVD. NORTH AUGUSTA, SC 29860 BUDGET SPRINKLER SYSTEMS 3974 MULLIKIN ROAD EVANS, GA 30809 returned mail SPRINGWOOD NURSERY 4545 COX ROAD EVANS, GA 30809 GEORGIA OUTDOOR SERVICES 3723 BELAIR ROAD AUGUSTA, GA 30909 TOM WIEDMEIER, UTILITIES DEPARTMENT BAY STREET DEANNA DAVIS, UTILITIES DEPARTMENT BAY STREET YVONNE GENTRY LSBOP RFQ ITEM 15-207 LANDSCAPING SERVICES FOR CONSTRUCTION PROJECTS FOR UTILITIES DEPARTMENT MAILED 13 AUG. 2015 RFQ ITEM 15-207 LANDSCAPING SERVICES FOR CONSTRUCTION PROJECTS FOR UTILITIES DEPARTMENT BID DUE: THU. SEP. 24, 2015 @ 11A.M. Bid Item 15-207 pg. 1 of 1 Engineering Services Committee Meeting 11/10/2015 1:10 PM Consider approving RFQ #15-207, Landscaping Services for Construction Projects. Department:Utilities Caption:Consider approving RFQ #15-207: Landscaping Services for Construction Projects for the City of Augusta - Utilities Department in the amount of $300,000 for execution by Augusta Lawn & Turf Inc., Piedmont Landscape, and Jacobs Land Management, LLC as qualified and selected contractors. Background:The Task Order Program will allow responsive and qualified contractors to address landscaping concerns as a result of utility construction work for multiple projects. This Task Order Program will allow Augusta Utilities Department to manage and provide landscaping services when needed throughout Augusta-Richmond County. AUD has evaluated Augusta Lawn & Turf Inc., Piedmont Landscape, and Jacobs Land Management, LLC proposal(s) to participate in the Task Order Program and has considered the proposal(s) fair and reasonable to accomplish the task. Analysis:AUD has evaluated Augusta Lawn & Turf Inc., Piedmont Landscape, and Jacobs Land Management, LLC proposal(s) to participate in the Task Order Program and has considered the proposal(s) fair and reasonable to accomplish the task. Financial Impact:The construction funds available for this project are $300,000. These funds are available from account 507043420-5425210 / 81500070-5425210. Alternatives:No alternatives are recommended. Recommendation:Recommend Commission approve RFQ #15-207: Landscaping Services for Construction Projects for the City of Augusta - Utilities Department in the amount of $300,000. Funds are Available in the Following Accounts: $300,000 from account 507043420-5425210 / 81500070-5425210 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission AUD Library Renovation Phase 1B Values 10/26/2015 Item Description Value Phase 1B Values 1 HVAC equipment (RTU’s, ERV, OHP’s, AHU’s) – furnished and installed (no refrigerant lines or ductwork) $227,226 2 Electrical power service and panels (does NOT include generator or transfer switch)$174,000 3 Marble window cut in Already included in Phase 1 4 Elevator demo and replacement (passenger elevator only, does NOT include freight elevator) $67,806 5 Repair damaged marble column panels $11,723 6 Redesign fees (if required) $125,063 7 Remainder of site work as currently shown (site work, landscaping, fencing)$418,584 Total Phase 1B Value $1,024,402 Carry Over Credits from Phase 1 1 Design Fees ‐$37,800 2 Contingency ‐$182,785 Total Carry Over Credits ‐$220,585 Net Value for Phase 1B $803,817 R.W. Allen, LLC Engineering Services Committee Meeting 11/10/2015 1:10 PM Design/Build Renovation of Former Augusta Library for Augusta, Georgia-Utilities Department, RFP #15-131 Department:Utilities Department Caption:Consider Construction Change Order in the amount of $803,817.00 for Phase 1B of the AUD Library Renovation by RW Allen, LLC. Background:On June 2, 2015 the Commission approved award to RW Allen, LLC for Phase I of the Design/Build Renovation of the Former Augusta Library for AUD. Phase I included design, demolition, asbestos abatement and construction of a new roof, for a not-to- exceed amount of $1,394,174.00. Phase 2 of the project was to be awarded when this work was complete. In the interim, further work on the old Library can continue pending final resolution of the location of the three departments. This work incudes HVAC, electrical and other various tasks. Analysis:Augusta Utilities Department management met with management from RW Allen, LLC as well as Christopher Booker & Associates, the construction management team for this project, to negotiate pricing. The pricing for services by RW Allen, LLC was found to be fair and reasonable. Financial Impact:Change order adds $803,817.00 to the contract. The updated contract value will be $2,197,991.00. Alternatives:No alternatives are recommended. Recommendation:Recommend approving change order to the contract with RW Allen, LLC in the amount of $803,817.00 Funds are Available in the Following Accounts: 514043490-5413130/81300020-5413130 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Engineering Services Committee Meeting 11/10/2015 1:10 PM Minutes Department:Clerk of Commission Caption:Motion to approve the minutes of the Engineering Services Committee held on October 27, 2015. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Engineering Services Committee Meeting 11/10/2015 1:10 PM Procurement of historian hardware and software for Supervisory Control and Data Acquisition (SCADA) system. Department:Utilities Caption:Procurement of historian hardware and software for Supervisory Control and Data Acquisition (SCADA) system. Background:The Utilities department is working toward implementing comprehensive Water Information Management System (WIMS) for all of our water production facilities. A key part of this system is the interface between our Supervisory Control and Data Acquisition (SCADA) system and the WIMS. In order to allow the WIMS to retrieve data from the SCADA system we will accumulate data in a historian server that is protected by a firewall. We have received proposals from our SCADA interface vendor to provide the hardware and software to allow this access. Analysis:The total cost of the hardware and software needed is $75,962.12. This cost is documented in the attached requisition. The vendor is Schneider Electric who provides our SCADA interface through their subsidiary Insource Solutions. Included with the attached requisition is a letter from Schneider Electric stating that they are the sole source provider of this material. Financial Impact:Installation of these historians is important to insuring the integrity and accessibility of our water production data. Budgeted funds are available in account 506043580-5424910. Alternatives:No reasonable alternatives. Recommendation:Approve the sole source procurement of historian hardware and software from Insource Solutions at a cost of $75,692.12. Funds are Available in the Following Accounts: $75,692.12 from 506043580-5424910 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission October 12, 2015 Christopher Booker & Associates, PC 670 Broad Street Augusta, Georgia 30901 New Upfit for Augusta Utilities Department Administration Office/ Two tenant suites AT & T Building 440 Walker Street Augusta, Georgia 30901 First Floor - Approximately 19,055 sq. ft. Second Floor - Approximately 19,055 sq. ft. Augusta Utilities Department 360 Bay Street, Suite 180 Augusta, Georgia 30901 FEE BREAKDOWN $ 10,000.00 Civil/Site Engineering Design (New Drive Thru) $ 10,000.00 Structural Engineering Design $ 70,000.00 Architectural Design $ 19,000.00 Mechanical Engineering Design $ 13,000.00 Electrical Engineering Design TOTAL $122,000.00 One Hundred and Twenty-Two Thousand Dollars Zero 0.00 Zero 0.00 12Twelve 15 One and One Half Percent 1.5% Construction Documents and Services Provided: IBC 2012 Code analysis NFPA Life Safety Code 2012 Review ADA review Civil-Site - New Drive Thru Canopy Field verify existing conditions Structural engineering - elevator shaft, misc. engineering, drive thru canopy Floor Plan, notes and legends Life Safety Plan / UL design details Wall sections and details Exterior elevations and details Door and Finish Schedules Interior Toilet Elevations / interior elevations and details ADA Details Mechanical/plumbing systems and details Electrical design and details Written specifications for all disciplines. Construction administration services are included in this proposal. Christopher D. Booker, Architect 670 Broad Street Augusta, Georgia 30901 Engineering Services Committee Meeting 11/10/2015 1:10 PM Renovation Design of 452 Walker Street Department:Utilities Department Caption:Consider Professional Services Proposal from Christopher Booker and Associates, PC for the Renovation Design of 452 Walker Street, the former AT&T Building, in the amount of $122,000. Background:In its August 20, 2013 meeting, the Augusta Commission approved the specific engineering discipline rosters for design of future AUD projects as a result of RFQ #13-124. Christopher Booker and Associates, PC was approved to provide professional services for Augusta Utilities new Administrative facilities at the old Augusta Library. Analysis:The former AT&T building at 452 Walker Street has become available and will likely be purchased by Augusta. The probable acquisition of this property affords the opportunity to reevaluate the space needs of several City operations including Engineering, Utilities and the Public Defender’s office. One scenario being evaluated calls for Utilities and Engineering to co-locate at the former AT&T building. The attached proposal from Chris Booker will allow the preliminary design work to proceed, and pending Commission approval of the overall space plan, final design for the AT&T building. Christopher Booker and Associates can perform the work most efficiently because of their prior work done for the Library. Financial Impact:Christopher Booker and Associates, PC has provided a detailed cost breakdown to provide design and construction services for the AT&T building in the amount of $122,000. Augusta Utilities Department has evaluated the proposal recommend approval. Alternatives:The commission could elect not to proceed with this project. Recommendation:We recommend that the proposal from Christopher Booker and Associates, PC in the amount of $122,000 be approved. Funds are Available in the Following Accounts: Funds are available in the following accounts: 514043490- 5212115/81500130-5212115 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission