Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2019-10-29 Meeting Minutes
Engineering Services Committee Meeting Commission Chamber - 10/29/2019 ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; M. Williams, Chairman; Hasan, Vice Chairman; Garrett and Frantom, members. ENGINEERING SERVICES 1. Discuss TIA projects and process of getting Commission approval of those projects. (Requested by Mayor Pro Tem Sean Frantom) Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve the list as stated. Mr. M. Williams out. Motion Passes 3-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes 2. Approve award of Bid Item #19-135, Trash Services for Permanent Sidewalk Receptacles, to Coleman Sanitation. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. M. Williams out. Motion Passes 3-0. Commissioner Brandon Garrett Commissioner Ben Hasan Passes 3. Approve the purchase of Caterpillar model D-8T WH/W GPS Dozer, bid item #19-266, from Yancey Brothers as the compliant bidder with no exceptions. Item Action: Rescheduled Motions Motion Type Motion Text Made By Seconded By Motion Result Defer Motion to refer this item to the full Commission with no recommendation. Motion Passes 4-0. Commisioner Sean Frantom Commissioner Brandon Garrett Passes 4. Discuss operations at the Augusta Environmental Services Department. (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 Brandon Garrett Commisioner Sean Frantom Passes 5. Authorize a $425,000.00 change order to Atlantic Coast Consulting’s (ACC) current Purchase Order P367569. (RFP 19-146C Environmental Compliance Testing, Engineering & Consulting). Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. M. Williams votes No. Motion Passes 3-1. Commissioner Brandon Garrett Commissioner Ben Hasan Passes 6. Approve Award of “Grounds and Landscaped Improvements and Maintenance – Various Roadways and Roundabouts” Contract to Augusta Quality LLC, subject to receipt of signed contract and proper insurance documents. The Contract is effective 1/1/2020 for three years with Base year 1 and two option year renewal. Also, approve not to exceed $241,970/year to fund these contracted services. Requested by AED. BID 19-270 Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Hasan not voting. Motion Passes 3-0. Commissioner Brandon Garrett Commisioner Sean Frantom Passes 7. Motion to approve the minutes of the Engineering Services Committee held on October 8, 2019. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Brandon Garrett Commisioner Sean Frantom Passes 8. Discuss Storm Water Program Update reference Mosquito control, detention /retention ponds and ditches. (Requested by Commissioner Sammie 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 Brandon Garrett Commissioner Ben Hasan Passes 9. Discuss Orion Waste Solutions has requested a change in service day for approximately 949 homes in accordance with Section 4.2 of the Solid Waste and Recyclables Collection Agreement. (Requested by Commissioner Ben Hasan) Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve receiving this item as information. Mr. M. Williams not voting. Motion Passes 3-0. Commissioner Brandon Garrett Commissioner Ben Hasan Passes 10. Presentation from SP Plus on parking management implementation proposal and results of public hearings. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve receiving this item as information. Commissioner Brandon Garrett Dies for lack of Second Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Garrett votes No. Motion Passes 3-1. Commissioner Ben Hasan Commisioner Sean Frantom Passes 11. Motion to award RFQ #19-188, Professional Services for the Development of a Sanitary Sewer Model to CDM Smith, Inc. in the amount of $329,200. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Hasan not voting. Motion Passes 3-0. Commissioner Brandon Garrett Commisioner Sean Frantom Passes 12. Discuss the use of recaptured SPLOST Funds for paving of roads. (Requested by Commissioner Marion Williams) Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve the contract in Exhibit Item B and the list with funding of $1.4 million dollars. Motion Passes 4-0. Commissioner Brandon Garrett Commissioner Ben Hasan Passes 13. Approve award of Design-Build Construction Contract to Blair Contraction, Inc. in the amount of $1,858,907.00 for Skyview Drainage Improvements Design-build Construction Services as requested by AED. Award is contingent upon receipt of signed contracts and proper bonds. RFP 19-236 Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Hasan not voting. Motion Passes 3-0. Commissioner Brandon Garrett Commisioner Sean Frantom Passes 14. Approve Roadway Lighting Agreement with the Georgia Department of Transportation in Conjunction with SR 88 @ CR58/Bath Edie Road Roundabout Project as requested by AED. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Hasan not voting. Motion Passes 3-0. Commissioner Brandon Garrett Commisioner Sean Frantom Passes 15. Approve the installation of 43 street lights in the Sims Landing Phase 2 development with an annual cost of $13,539.60. Also approve the creation of a new lighting tax district for the 150 lots within Phase 2. Funding is available in Street Lighting budget account #2760416105312310. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Hasan not voting. Motion Passes 3-0. Commissioner Brandon Garrett Commisioner Sean Frantom Passes 16. Award RFQ#18-314, Turnkey Performance Based Services to Implement Energy Savings Measures to Noresco, LLC. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Hasan not voting. Motion Passes 3-0. Commissioner Brandon Garrett Commisioner Sean Frantom Passes www.augustaga.gov Engineering Services Committee Meeting 10/29/2019 1:10 PM Attendance 10/29/19 Department: Presenter: Caption: Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Lena Bonner From: Sent: To: Subject: Ms. Bonner, Commissioner Sean Frantom Monday, October L4,20L9 9:44 AM Lena Bonner TIA Agenda Item Please place the following agenda item on the next committee cycle - Discuss TIA projects and process of getting Commission approval of those projects. Thanks, Sean Sean Frantom Commissioner District 7 (706)s64-1663 sfra ntom @a ugustaga.gov iii i...,lry ilil ) ri iri.1tr. i: r*sr;il (:i lhc o-nail transntission. If verificaLinrr iri r+qr:ired pig,3se r€qr"resl a hard ccpy vcr'sio$. ;:ri:i): iii4.1 AUGUSTA-RICHMOND COUNTY TSPLOST PRIORITY LIST Richmond County TIA 2 Project List_Priority October 21, 2019 (Revised) Original NO. New NO.PROJECT ID PROJECT NAME PROJECT COST ACCUMULATED COST COMPLETION TIME MAJOR COORIDOR LOCAL PROJECT REGIONAL IMPACT SAFETY PROJECT CONGESTION MITIGATION TOTAL BAND PRIORITY 18 1 RC07-0117 Augusta Transit Operations & Maintenance (County Wide)$30,000,000 $30,000,000 5 3 2 0 0 1 11 1 thru 3 Highest 1 25 2 RC07-0124 Daniel Field Airport - Airfield Improvements $3,900,000 $33,900,000 5 1 2 0 1 0 9 2 Highest 11 3 RC07-0110 Augusta Regional Airport - Airport Apron Expansion $7,000,000 $40,900,000 5 1 2 1 0 1 10 2 Highest 1 13 4 RC07-0112 Augusta Regional Airport- Runway 8/26 Rehabilitation $1,600,000 $42,500,000 5 1 2 1 1 0 10 2 Highest 1 19 5 RC07-0118 Barton Chapel Road Improvements (Deans Bridge Road to Augusta West Parkway)$32,267,602 $74,767,602 3 3 2 1 0 0 9 2 Highest 1 21 6 RC07-0120 Broad Street Improvements (Washington Road to Sand Bar Ferry Road)-Part II $42,600,800 $117,368,402 4 2 2 1 0 1 10 1 Highest 1 30 7 RC07-0129 Dennis Road Widening and Improvements $6,560,740 $123,929,142 3 1 2 1 1 1 9 2 Highest 1 40 8 RC07-0139 Intelligent Transportation System Master Plan Implementation-Richmond County -Part II $7,537,799 $131,466,941 4 3 2 1 1 1 12 1 Highest 1 41 9 RC07-0149 Intelligent Transportation System Operations and Maintenance Repairs $2,500,000 $133,966,941 5 3 2 1 1 1 13 1 thru 3 Highest 1 52 10 RC07-0151 RC Emergency and Transit Vehicles Preemption System - Part II $1,721,500 $135,688,441 5 3 2 1 1 0 12 1 Highest 1 50 11 RC07-0149 Connecting Greater Augusta Riverfront-Water-based Transportation / New Savannah Bluff Lock & Dam (Repair and Restoration)$11,000,000 $146,688,441 3 1 2 1 1 0 8 1 thru 3 Highest 1 66 12 RC07-0165 ACP Rail Lead Track $15,000,000 $161,688,441 5 1 2 0 0 0 8 1 Highest 1 54 13 RC07-0153 Richmond Hill Road Improvements (Lumpkin - Deans Bridge)$12,187,602 $173,876,043 3 3 2 1 1 0 10 1 Highest 1 added to Priority Highest 1 [Commission 10/21/2019 Workshop] 31 14 RC07-0130 Doug Bernard Parkway Improvements (Gordon Hwy to Hwy 56)- Lighting, Drainage, Landscaping, Improvements $28,569,801 $202,445,844 3 3 2 1 1 0 10 3 Highest 1 58 15 RC07-0157 Tobacco Road Improvements (Deans Bridge to Doug Bernard)- Lighting, Drainage, Intersections $32,294,072 $234,739,916 3 4 2 1 0 0 10 2 Highest 1 36 16 RC07-0135 Gordon Highway Improvements (I-520 to State Line)$46,603,650 $281,343,566 2 4 1 1 1 0 9 3 Highest 1 48 17 RC07-0146 Milledgeville Road Resurfacing (North Leg to Gordon Hwy)$3,280,957 $284,624,523 5 3 2 1 0 0 11 1 Highest 1 65 18 RC07-0164 Wheeless Road Improvements ( Gordon Highway to Deans Bridge)$9,519,270 $294,143,793 3 3 2 1 1 0 10 1 Highest 1 28 19 RC07-0127 Daniel Field Airport - Mobile Air Traffic tower (ATCT)$1,800,000 $295,943,793 5 1 2 1 1 0 10 1 Highest 1 26 33 RC07-0126 Daniel Field Airport - Commercial Hanger Development $2,600,000 $298,543,793 5 1 2 0 0 0 8 3 Highest 1 67 21 RC07-0166 13th Street over Savannah River Bridge (Bridge Replacement) SR4/US25 $11,558,183 $310,101,976 5 4 1 1 1 0 12 1 Highest 2 22 22 RC07-0121 Broad Street over Rae`s Creek (Bridge Repair & Restoration) - 1 $3,691,118 $313,793,095 5 4 2 0 1 0 12 1 Highest 2 23 23 RC07-0122 Broad Street over Rae`s Creek (Bridge Repair & Restoration) - 2 $2,420,550 $316,213,645 5 4 2 0 1 0 12 1 Highest 2 57 24 RC07-0156 Story Mill Road Resurfacing (Hephzibah Mc-Bean Rd to Fulcher Road)$3,580,632 $319,794,277 5 2 2 0 0 0 9 1 Highest 2 55 25 RC07-0154 Skinner Mill Road Widening & Improvements (Boy scout Rd to Walton Way Ext)$24,409,655 $344,203,931 3 3 2 0 0 1 9 2 Highest 2 33 26 RC07-0132 Fulcher Road Improvements (Resurfacing)$4,796,329 $349,000,260 5 1 2 0 0 0 8 1 Highest 2 43 27 RC07-0142 Laney Walker Road /RA Dent Blvd./Augusta Ave. Intersection Improvements $4,475,078 $353,475,338 4 1 2 0 1 0 8 1 Highest 3 49 28 RC07-0148 Monte Sano Ave Improvements (Wrightsboro Rd to Walton Way)$10,513,742 $363,989,080 3 2 2 0 1 0 8 1 Highest 3 38 29 RC07-0137 Highland Ave. Improvements (Wrightsboro Rd. to Gordon Hwy)$7,059,397 $371,048,477 3 3 2 1 1 0 10 1 Highest 3 63 30 RC07-0162 Wrightsboro Rd/RA Dent Blvd. Intersection Improvements $5,927,768 $376,976,245 4 1 2 0 1 0 8 1 Highest 3 37 31 RC07-0136 Hephzibah-Mcbean Road Resurfacing (Peach Orchard Rd to Brothersville Rd)$4,316,696 $381,292,941 5 3 2 1 0 0 11 1 Highest 3 5 32 RC07-0104 15th Street Improvements (Walton Way to Government Street)/Poplar St.) - Part II $15,394,307 $396,687,248 4 2 1 1 0 1 9 1 Highest 3 removed from Priority Highest 1 [Commission 10/21/2019 Workshop] 27 1 RC07-0126 Daniel Field Airport - East hanger Renovations $1,100,000 $397,787,248 5 1 2 0 0 0 8 3 Highest 61 34 RC07-0160 Willis Forman Road Widening and Improvements $66,066,890 $463,854,138 3 3 2 1 1 1 11 2 Highest 47 35 RC07--147 Milledgeville Road Improvements (North Leg to Barton Chapel)$22,152,668 $486,006,806 2 3 2 0 1 1 9 2 Highest 34 36 RC07-0133 Glenn Hills Drive Resurfacing $1,582,350 $487,589,156 5 2 2 1 0 0 10 1 Important 17 37 RC07-0116 Augusta Roadway Safety and Street Lighting Improvements and Operation $11,000,000 $498,589,156 5 3 2 1 1 0 12 1 thru 3 Highest 24 38 RC07-0123 Central Ave Improvements (15th St. to Highland Ave)$36,396,051 $534,985,207 2 2 2 0 0 1 7 2 Highest 32 39 RC07-0131 Ellis Street (13th Street to East Boundary) Improvements $31,493,762 $566,478,969 2 1 2 0 1 1 7 3 Highest 53 40 RC07-0152 Reynold Street (15th Street to East Boundary) Improvements $26,112,488 $592,591,458 3 3 2 1 1 1 11 3 Highest 68 41 RC07-0167 Connecting Greater Augusta Riverfront-Water-based Transportation (Ferry Dock/Terminal) $22,590,163 $615,181,621 2 1 2 1 0 1 7 3 Highest AUGUSTA-RICHMOND COUNTY TSPLOST PRIORITY LIST Original NO. New NO.PROJECT ID PROJECT NAME PROJECT COST ACCUMULATED COST COMPLETION TIME MAJOR COORIDOR LOCAL PROJECT REGIONAL IMPACT SAFETY PROJECT CONGESTION MITIGATION TOTAL BAND PRIORITY 69 42 RC07-0168 Connecting Greater Augusta Riverfront-Water-based Transportation (Operation & Maintenance) $13,134,575 $628,316,196 5 1 2 1 0 1 10 3 Highest 10 43 RC07-0109 Augusta Entryways Enhancement and upkeep Maintenance $5,500,000 $633,816,196 5 3 2 1 0 0 11 1 thru 3 Highest 14 44 RC07-0113 Augusta Regional Airport- Airport Hanger Construction $8,900,000 $642,716,196 4 1 2 1 0 0 8 3 Highest 12 45 RC07-0111 Augusta Regional Airport- Airport Parking Expansion $2,500,000 $645,216,196 5 1 2 1 0 0 9 2 Highest 15 46 RC07-0114 Augusta Regional Airport - Southern Ramp Rehabilitation $1,500,000 $646,716,196 4 1 2 1 1 0 9 3 Highest 16 47 RC07-0115 Augusta Regional Airport- Airport Landside Loop Roadway Rehabilitation $350,000 $647,066,196 5 1 2 1 1 0 10 2 Highest 29 48 RC07-0128 Daniel Field Airport - Pervious Long Term Parking $600,000 $647,666,196 5 1 2 0 0 0 8 2 Highest 2 49 RC07-0101 11th Street (Wrightsboro Rd to Reynold Street)$9,640,901 $657,307,097 4 2 2 1 1 1 11 2 Highest 3 50 RC07-0102 12th Street (Old Savannah Rd to Reynold Street) $13,172,956 $670,480,052 4 2 2 1 1 1 11 2 Highest 20 51 RC07-0119 Benson Road Widening, Realignment and Improvements $14,106,015 $684,586,067 3 1 2 0 0 0 6 3 Important 60 52 RC07-0159 Walton Way Improvements (Highland Avenue to 15th Street)$39,341,485 $723,927,552 3 3 2 0 1 1 10 2 Priority 1 53 RC07-0100 10th Street (Wrightsboro Rd to Reynold Street) Improvements $9,225,365 $733,152,917 4 1 2 0 0 0 7 2 Important 4 54 RC07-0103 15th Street over CSX Railroad Bridge Repair & Restoration $4,473,090 $737,626,007 4 2 1 1 0 1 9 1 Priority 6 55 RC07-0105 3rd Street (Laney Walker to Bay Street) Improvements $7,424,710 $745,050,717 4 1 2 0 0 0 7 2 Important 7 56 RC07-0106 4th street (Laney Walker to Bay Street) Improvements $7,770,989 $752,821,707 4 1 2 0 0 0 7 2 Important 8 57 RC07-0107 7th Street (Laney Walker to Reynold Street) Improvements $7,632,478 $760,454,184 3 2 2 0 0 0 7 2 Important 9 58 RC07-0108 8th Street (Laney Walker to Reynold Street) Improvements $7,563,222 $768,017,406 3 3 2 0 0 1 9 3 Priority 35 59 RC07-0134 Golden Camp Road Resurfacing $2,712,600 $770,730,006 5 2 2 1 0 0 10 1 Important 39 60 RC07-0138 Holley Street (RA Dent - Wrightsboro Rd.) Improvements $5,310,899 $776,040,905 3 1 2 0 0 0 6 2 Priority 42 61 RC07-0141 International Boulevard Resurfacing $1,808,400 $777,849,305 5 1 2 0 0 0 8 1 Important 44 62 RC07-0143 Laney Walker Road Resurfacing (New Savannah Road to Druid Park)$3,092,364 $780,941,669 5 2 2 0 0 0 9 1 Priority 45 63 RC07-0144 Meadowbrook Drive Resurfacing $1,356,300 $782,297,969 5 3 2 1 0 0 11 1 Priority 46 64 RC07-0145 Medical District Streets Improvements (Harper, St. Sabastian, D'Antignac, New Ballie, Osler, Old Ballie)$12,701,948 $794,999,917 4 1 2 0 0 0 7 1 Priority 51 65 RC07-0150 North Leg over CSX Railroad (Bridge Replacement)$6,182,106 $801,182,022 3 1 2 0 1 0 7 3 Priority 56 66 RC07-0155 Story Mill Road Resurfacing (Fulcher Rd. to County Line)$1,121,208 $802,303,230 5 2 2 0 0 0 9 1 Priority 59 67 RC07-0158 Various Intersection Safety Improvements including Signals (20 locations-Wrightsboro, Wheeler, etc.)$20,229,996 $822,533,226 3 1 2 0 1 0 7 2 Important 62 68 RC07-0161 Wrightsboro Rd (Druid Park Ave. to Highland Ave.) Improvements $23,861,997 $846,395,222 3 4 2 0 1 1 11 2 Priority 64 69 RC07-0163 Wrightsboro Road/I 520 Ramp Intersection Improvements $37,037,500 $883,432,722 4 3 1 0 0 1 9 3 Important#REF! V2 10/21/2019 V2 REGIONAL IMPACT COMPLETION TIME 1 Yes 5 0 to 2 years 0 No 4 2 to 4 years SAFETY PROJECT 3 4 to 6 years 1 Yes 2 6 to 8 years 0 No 1 8 to 10 years PROJECT RANKING 0 10 + years 1 Highest Priority MAJOR COORIDOR 2 High Priority 4 Expressway / Arterial 3 Priority 3 Major Collector 4 Important 2 Minor Collector 5 Very Important 1 Other Allocation Target LOCAL PROJECT Aviation 0% - 5% 2 Local Project Roadway & Bridge Maintenance 0% - 30% 1 State Project Safety & Traffic Operations 15& - 50% Transit Capital 0% - 10% Bicycle & Pedestrian 5% - 15% Roadway Capital 50% - 70% Freight & Logistics 0% = 5% Engineering Services Committee Meeting 10/29/2019 1:10 PM 2020 TIA Project List Department: Presenter:Mayor Pro Tem Sean Frantom Caption:Discuss TIA projects and process of getting Commission approval of those projects. (Requested by Mayor Pro Tem Sean Frantom) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Trash Services for Permanent Sidewalk Receptacles Page 1 c:\program files (x86)\neevia.com\docconverterpro\temp\nvdc\f4a93cbc-70a9-41f5-b655-69a051eab83a\pdfconvert.43364.1.2019.02.22_sidewalk_receptacle_service.doc Bid Item #19-______ Trash Services for Permanent Sidewalk Receptacles Augusta Environmental Services Department Augusta is seeking bids from qualified vendors for the removal and disposal of trash from permanent sidewalk trash receptacles located in downtown Augusta. In summary, the contract includes the emptying and disposal of all trash from trash cans located on the sidewalks on and around Broad Street. All material will be transported to the Designated Disposal Facility for disposal. A list of current service locations is included. 1. Services required under this contract include but are not limited to: a. Servicing the permanent sidewalk trash receptacles on a daily basis (seven (7) days per week). There are currently 75 permanent sidewalk trash and recycle receptacles. b. Due to increased foot traffic and special events, service shall occur 365 days per year, including holidays. c. Transportation to and disposition of all materials at the Designated Disposal Facility. Disposal of collected materials at the Designated Disposal Facility is at the Contractor’s expense. The Designated Disposal Facility is the Augusta Solid Waste and Recycling Facility located at 4330 Deans Bridge Road, Blythe, GA. 2. Container Maintenance and Appearance All containers shall be maintained in good appearance and repair. Any damage to the containers, locks, or cages will be reported to the Environmental Services Department on a daily basis. Such communication will be via email or other such method as designated by the Environmental Services Department. 3. Contract Term a. The initial contract term is for a period from the January 1st, 2020 through December 31, 2023 with an option to renew for two additional two-year terms. b. Temporary suspension or delay of performance of contract. To the extent that it does not alter the scope of this agreement, Augusta, GA may unilaterally order a temporary stopping of the work, or delaying of the work to be performed by Contractor under this agreement. c. The Augusta Environmental Services Department will reserve the right to cancel the service upon a thirty (30) day written notification. d. Termination of the contract in whole or in part for the convenience of Augusta, Georgia. Augusta, Georgia may terminate this contract in part or in whole upon thirty Trash Services for Permanent Sidewalk Receptacles Page 2 c:\program files (x86)\neevia.com\docconverterpro\temp\nvdc\f4a93cbc-70a9-41f5-b655-69a051eab83a\pdfconvert.43364.1.2019.02.22_sidewalk_receptacle_service.doc (30) days written notice to the Contractor. The Contractor shall be paid for any validated services under this Contract up to the time of termination. e. Termination of the Agreement for Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise comply with a material condition of the Agreement shall constitute default. Augusta, GA may terminate this contract is part or in whole upon written notice to the Contractor pursuant to this term. f. Pricing shall be held firm throughout the initial term. Upon Augusta exercising any renewal option the contractor is eligible for a price adjustment in the amount of 100% of the actual percentage change in the CPI. i. The “CPI” means the Consumer Price Index for All Urban Consumers (“CPI-U”), Atlanta, Georgia – Atlanta, Georgia, All Items, published by the United States Department of Labor, Bureau of Labor Statistics (“BLS”), or its successor. If BLS designates an index with a nes title or code number or table number as being the continuation of the index cited above, the new index will be used, or if no new index is designated, the most nearly compatible index shall be used. ii. The CPI Index percentage change will be determined from January 1st to December 31st of the previous year, with an implementation of any adjustment being made on January 1st. iii. Should the CPI Index show a decrease, Augusta will automatically be entitled to a reduced cost up to four percent (4%). 4. Environmental Services Department Liaison a. The Augusta Environmental Services Department Director or his designee shall serve as the primary representative for all matters pertaining to the contract. Coordination between the Department and the contractor will be handled by this person or his designee. Such designee will be submitted in writing to the contractor. b. Changes in Service are the responsibility of the Environmental Services Department. i. The contractor shall not change service levels or container sizes without authorization from the Department. The Department reserves the right to withhold payment for any unapproved modifications to services. 5. Contractor Liaison and Office Hours a. The contractor will provide a primary representative to coordinate all matters pertaining to this contract. In the event the contractor’s primary liaison is not available for any reason, a secondary contact/emergency contact will be provided as Trash Services for Permanent Sidewalk Receptacles Page 3 c:\program files (x86)\neevia.com\docconverterpro\temp\nvdc\f4a93cbc-70a9-41f5-b655-69a051eab83a\pdfconvert.43364.1.2019.02.22_sidewalk_receptacle_service.doc well. Such contacts shall be available between the hours of 6:30am – 8:00pm on days when collection operations are occurring. b. The contractor will provide to the Environmental Services Department the contact name, telephone number, fax number, email address, business cell phone number, emergency telephone number, and normal working hours of their primary, secondary, and emergency liaisons. c. Right to inspect premises. Augusta, Georgia may, at reasonable times, inspect the part of the plant, place of business, or work site of Contractor or any subcontractor of Contractor or subunit thereof which is pertinent to the performance of any contract awarded or to be awarded by Augusta, Georgia. 6. Invoicing a. Invoices shall be submitted on a monthly basis. All invoices will include at a minimum, the location of each container, dates of pickup, and total cost per month. b. Defective pricing. To the extent that the pricing provided by Contractor is erroneous and defective, the parties may, by agreement, correct pricing errors to reflect the intent of the parties. c. Georgia Prompt Pay Act not applicable. The terms of this agreement supersede any and all provisions of the Georgia Prompt Pay Act. 7. Technology a. Augusta, Georgia communicates via telephone, mobile device, internet, software, and apps. The contractor will provide each work crew a mobile device capable of running work order software applications as specified by Augusta. b. All mobile devices will be capable of mobile communication to include, but not limited to, a mobile internet connection. c. The contractor will be equipped with a mobile telephone and a means of mobile access to email as well as any applicable apps or software 8. Service Verification a. Service issues, requests for service, and such will be submitted via email, internet, mobile device app or software under this contract. Respondents without this capability may be considered non-responsive and not eligible for award consideration. Trash Services for Permanent Sidewalk Receptacles Page 4 c:\program files (x86)\neevia.com\docconverterpro\temp\nvdc\f4a93cbc-70a9-41f5-b655-69a051eab83a\pdfconvert.43364.1.2019.02.22_sidewalk_receptacle_service.doc b. The contractor will be required to complete daily service logs, which will be furnished to the Environmental Services Department liaison via email, fax, app, or software. c. The purpose of the service log is for the Department to obtain regular information regarding blocked containers, containers in need of service, missing signs or labels, equipment breakdowns, or other related needs during the normal course of service. 9. Missed Collections a. The Contractor will be required to report in writing any occurrences or observations of damage, hazardous conditions, or any pickup that was not completed as scheduled. Such items shall be reported immediately via email. b. Specified excuses for delay or non-performance. Contractor is not responsible for delay in performance caused by hurricanes, tornadoes, floods, and other severe and unexpected acts of nature. In any such event, the contract price and schedule shall be equitably adjusted. c. Augusta, Georgia shall not be charged for missed collections and such credit shall be designated on the monthly invoice. 10. Blocked Containers a. It is the responsibility of the contractor to contact the Environmental Services Department if the drivers encounter any blocked containers while providing service. Such notification should be received via email. The contractor must return to service any blocked containers within 4 hours or within a mutually agreed upon time frame. b. If the contractor does not return to service the blocked containers the contractor agrees to issue a deduction for the missed container on the next invoice. 11. Augusta Aesthetics Augusta aesthetics are of the utmost importance. The contractor will cooperate with Augusta in keeping all of the sites clean. When dumping or switching containers, any spillages must be picked up and the area left in a litter-free condition. 12. Emergency Service Unforeseen occasions where some containers will require extra service with little notice to the contactor may occur. The contractor shall respond and service the designated can or area within 4 hours of the request. Should extra service be requested, all such containers shall be checked and serviced if trash is present. Trash Services for Permanent Sidewalk Receptacles Page 5 c:\program files (x86)\neevia.com\docconverterpro\temp\nvdc\f4a93cbc-70a9-41f5-b655-69a051eab83a\pdfconvert.43364.1.2019.02.22_sidewalk_receptacle_service.doc 13. New Service Location The contractor will be notified of any new service location in writing. Placement of the appropriate container and service commencement shall begin within 48 hours of the contractor receiving the request. 14. Collection Vehicles a. The Contractor shall provide and maintain vehicles sufficient in number and capacity to perform the services described herein. b. All vehicles shall be licensed with the State of Georgia in Richmond County and comply with applicable federal, state, and local laws and regulations. c. The Contractor may use new or used equipment so long as the equipment is capable of performing the required services; has uniform paint scheme and logos; has no leaking seals; is maintained in good repair and working order, and complies with all other requirements listed. d. Collection vehicles must have an enclosed body and able to securely transport waste without litter. e. Collections vehicles must be inspected annually and registered with the Richmond County Marshal’s Office. f. All collections vehicles used to perform functions under this Contract shall be equipped with the following in complete and sound working order: 1. Back-up alarm. 2. Back-up camera with monitor visible from any driving position. 3. A 10 pound fire extinguisher. 4. A 25 person first aid kit. 5. Minimum of three safety marking devices (flares, or reflective triangles). 6. Rear-mounted strobe light(s) activated while collecting materials. 7. A spill kit with a minimum size of 10 gallons to handle operational spills g. Vehicle leaks and spills on public and private streets and parking lots shall be minimized. The vehicle shall be removed from service immediately should the spill or leak be the result of a mechanical problem or poor seal(s). The cleanup of any spill shall begin no later than two (2) hours following the spill or leak, and should be reported to Augusta, Georgia immediately. Under no circumstances shall any fluids be released to the storm sewer system. Trash Services for Permanent Sidewalk Receptacles Page 6 c:\program files (x86)\neevia.com\docconverterpro\temp\nvdc\f4a93cbc-70a9-41f5-b655-69a051eab83a\pdfconvert.43364.1.2019.02.22_sidewalk_receptacle_service.doc 15. Character of Workers a. All employees, subcontractors, superintendents, foremen, and workers employed by the Contractor shall be competent and careful workers, skilled in their respective trades. The Contractor shall not employ any person who repeatedly engages in misconduct or is incompetent or negligent in the due and proper performance of his or her duties. The Contractor shall furnish such supervision, labor, and equipment as is considered necessary for the fulfillment of the services in an acceptable manner at a satisfactory rate of progress. b. Drug-Free Work Place The Contractor shall prohibit the use of intoxicating and/or illegal substances by its employees, subcontractors, superintendents, foremen, and workers while on duty or in the course of performing their duties under this Agreement. Records of any such substance testing will be provided to Augusta upon written request. c. Uniforms The Contractor's employees, subcontractors, superintendents, foremen, and workers shall be required to wear a clean uniform bearing the Contractor's name. Employees, who normally and regularly come into direct contact with the public, including drivers, shall bear some means of individual identification such as a nametag or identification card. d. Driver Credentials Employees driving the Contractor's vehicles shall at all times possess and carry a valid Driver's License issued by the State of Georgia or South Carolina for the class appropriate to the weight of the vehicle being driven. Augusta reserves the right to require the Contractor to provide proof of compliance with federal laws regarding Driver's Licenses. e. Contract Employees The Contractor's employees, officers, agents, and subcontractors shall, at no time, be allowed to identify themselves or in any way represent themselves as being employees of Augusta. f. Removal of Contractor Employee Augusta shall have the sole right to require the removal and replacement of a Contractor’s or subcontractor’s employee working under this Contract. Augusta shall exercise such a right by providing written notice to the Contractor. Contractor will replace any personnel who separate from the Contractors employment with equivalently qualified persons. The Contractor will replace such personnel as soon as reasonably possible. Trash Services for Permanent Sidewalk Receptacles Page 7 c:\program files (x86)\neevia.com\docconverterpro\temp\nvdc\f4a93cbc-70a9-41f5-b655-69a051eab83a\pdfconvert.43364.1.2019.02.22_sidewalk_receptacle_service.doc 16. Prohibition against contingent fees The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by Contractor for the purpose of securing business and that the Contractor has not received any non-Augusta, Georgia fee related to this Agreement without the prior written consent of Augusta, Georgia. For breach or violation of this warranty, Augusta, Georgia 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. 17. Hold harmless Except as otherwise provided in this agreement, Contractor shall indemnify and hold harmless Augusta, GA, 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. 18. Contractor's consent to venue in the Superior Court of Richmond County, Georgia a. The law of the State of Georgia shall govern the Contract between Augusta, Georgia and Contractor with regard to its interpretation and performance, and any other claims related to this agreement. b. All claims, disputes and other matters in question between Augusta, Georgia and Contractor arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The Contractor, by executing this Agreement, specifically consents to jurisdiction and venue in Richmond County and waives any right to contest the jurisdiction and venue in the Superior Court of Richmond County, Georgia. 19. Insurance Requirements The Contractor shall, at all times that this Agreement is in effect, cause to be maintained in force and effect an insurance policy(s) that will ensure and indemnify Augusta, Georgia against liability or financial loss resulting from injuries occurring to persons or property or occurring as a result of any negligent error, act, or omission of the Contractor in performance of the work during the term of this Agreement. The Contractor shall provide, at all times that this agreement is in effect, Worker's Compensation insurance in accordance with the laws of the State of Georgia. Trash Services for Permanent Sidewalk Receptacles Page 8 c:\program files (x86)\neevia.com\docconverterpro\temp\nvdc\f4a93cbc-70a9-41f5-b655-69a051eab83a\pdfconvert.43364.1.2019.02.22_sidewalk_receptacle_service.doc The Contractor shall provide, at all times that this Agreement is in effect, Insurance with limits of not less than: A. Workmen’s Compensation Insurance – in accordance with the laws of the State of Georgia. B. Public Liability Insurance – in an amount of not less than One Million ($1,000,000) Dollars for injuries, including those resulting in death to any one person, and in an amount of not less than One Million ($1,000,000) Dollars on account of any one occurrence. C. Property Damage Insurance – in an amount of not less than One Million ($1,000,000) Dollars from damages on account of an occurrence, with an aggregate limit of One Million ($1,000,000) Dollars. D. Valuable Papers Insurance – in an amount sufficient to assure the restoration of any plans, drawings, field notes, or other similar data relating to the work covered by the Project. E. Professional Liability Insurance – in an amount of not less than One Million ($1,000,000) Dollars or an amount that correlates to the aggregate fee on the project should it exceed $1,000,000. Augusta, Georgia will be named as an additional insured with respect to Contractor’s liabilities hereunder in insurance coverage’s identified in items (b) and (c). The policies shall be written by a responsible company(s), to be approved by Augusta, Georgia, and shall be noncancellable except on thirty-(30) days' written notice to Augusta, Georgia. Such policies shall name Augusta, Georgia as co-insured, except for worker's compensation and professional liability policies, and a copy of such policy or a certificate of insurance shall be filed with the Director at the time of the execution of this Agreement. 20. E-verify a) 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. Trash Services for Permanent Sidewalk Receptacles Page 9 c:\program files (x86)\neevia.com\docconverterpro\temp\nvdc\f4a93cbc-70a9-41f5-b655-69a051eab83a\pdfconvert.43364.1.2019.02.22_sidewalk_receptacle_service.doc § 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 b) Local Small Business Language: 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 and/or collecting liquidated damages. c) Acknowledgement “Contractor acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Board of Commissioners and approval of the Mayor. Under Georgia law, Contractor is deemed to possess knowledge concerning Augusta, Georgia's ability to assume contractual obligations and the consequences of Contractor's provision of goods or services to Augusta, Georgia under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that the Contractor may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Contractor agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if the Contractor provides goods or services to Augusta, Georgia in excess of the any contractually authorized goods or services, as required by Augusta, Georgia's Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods or services provided by Contractor. Contractor assumes all risk of non-payment for the provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized, including, without limitation, all remedies at law or equity." This acknowledgement shall be a mandatory provision in all Augusta, Georgia contracts for goods and services, except revenue producing contracts. Trash Services for Permanent Sidewalk Receptacles Page 10 c:\program files (x86)\neevia.com\docconverterpro\temp\nvdc\f4a93cbc-70a9-41f5-b655-69a051eab83a\pdfconvert.43364.1.2019.02.22_sidewalk_receptacle_service.doc IN WITNESS WHEREOF, said parties have hereunto set their seals the day and year written below. AUGUSTA: CONTRACTOR: Augusta, Georgia ____________________________ ___________________________ ____________________________ Hardie Davis, Jr., Mayor Approved Date: _____________ Approved Date: _______________ [ATTACHED CORPORATE SEAL] ATTEST: ATTEST: ___________________________ _____________________________ Trash Services for Permanent Sidewalk Receptacles Page 11 c:\program files (x86)\neevia.com\docconverterpro\temp\nvdc\f4a93cbc-70a9-41f5-b655-69a051eab83a\pdfconvert.43364.1.2019.02.22_sidewalk_receptacle_service.doc Pricing Page Bid Item #19- Trash Services for Permanent Sidewalk Receptacles Please complete the following. Service of permanent sidewalk trash receptacles seven days per week:* per can per month *Should Augusta modify the quantity of receptacles up or down with written notice, the rate per can per month remains the same during the contract term. Extra Service (per Section 11) for service to all receptacles: per event Submitted By: NAME: COMPANY: ADDRESS: PHONE: EMAIL ADDRESS: Trash Services for Permanent Sidewalk Receptacles Page 12 c:\program files (x86)\neevia.com\docconverterpro\temp\nvdc\f4a93cbc-70a9-41f5-b655-69a051eab83a\pdfconvert.43364.1.2019.02.22_sidewalk_receptacle_service.doc Container Locations Address Cross-street 1. 473 Broad St Broad at 5th Street 2. 501 Broad St Broad at 5th Street 3. 476 Broad St Broad at 5th Street 4. 209 Broad St Broad at 5th Street 5. 533 Broad St Broad Street 6. 564 Broad St Broad at Monument 7. 566 Broad St Broad at Monument 8. 601 Broad St Broad at 6th Street 9. 607 Broad St Broad at 6th Street 10. 594 Broad St Broad at 6th Street 11. 602 Broad St Broad at 6th Street 12. 699 Broad St Broad at 7th Street garbage 13. 699 Broad St Broad at 7th Street recycle 14. 670 Broad St Broad at 7th Street 15. 711 Broad St Broad at 7th Street 16. 739 Broad St Broad Street 17. 735 Broad St Center Park at Albion 18. 732 Broad St Center Park at Albion 19. 767 Broad St Center Park at Albion 20. 771 Broad St Broad at 8th Street 21. 758 Broad St Broad at 8th Street 22. 801 Broad St Broad at 8th Street 23. 802 Broad St Broad at 8th Street Trash Services for Permanent Sidewalk Receptacles Page 13 c:\program files (x86)\neevia.com\docconverterpro\temp\nvdc\f4a93cbc-70a9-41f5-b655-69a051eab83a\pdfconvert.43364.1.2019.02.22_sidewalk_receptacle_service.doc Address Cross-street 24. 823 Broad St Commons on Broad 25. 851 Broad St Commons on Broad 26. 840 Reynolds St Commons on Reynolds 27. 836 Reynolds St Commons on Reynolds 28. 701 Reynolds Reynolds at 8th Street 29. 826 Broad St Center Park J Brown statute 30. 850 Broad St Center Park J Brown statute 31. 879 Broad St Broad Street 32. 879 Broad St James Brown Blvd 33. 864 Broad St Broad at JB solar garbage 34. 864 Broad St Broad at JB solar recycle 35. 864 Broad St James Brown Blvd 36. 902 Broad St Broad Street 37. 902 Broad St James Brown Blvd 38. 903 Broad St Broad Street 39. 903 Broad St James Brown Blvd 40. 952 Broad St Broad Street 41. 933 Broad St Broad at McCarthan St 42. 945 Broad St Broad at McCarthan St 43. 945 Broad St Center Park McCarthan 44. 985 Broad St Broad at 10th Street Trash Services for Permanent Sidewalk Receptacles Page 14 c:\program files (x86)\neevia.com\docconverterpro\temp\nvdc\f4a93cbc-70a9-41f5-b655-69a051eab83a\pdfconvert.43364.1.2019.02.22_sidewalk_receptacle_service.doc Address Cross-street 45. 990 Broad St Broad at 10th St solar garbage 46. 990 Broad St Broad at 10th St solar recycle 47. 1005 Broad St Broad at 10th Street 48. 1008 Broad St Broad at 10th Street 49. 215 Tenth St Mid point on 10th Street 50. 215 Tenth St Ellis at 10th Street 51. 1023 Broad St Broad Street 52. 1051 Broad St Broad at 11th Street 53. 1054 Broad St Broad at 11th Street 54. 1102 Broad St Broad at 11th Street 55. 1109 Broad St Broad at 11th Street 56. 1140 Broad St Broad at 12th Street 57. 1167 Broad St Broad at 12th Street 58. 1201 Broad St Broad at 12th Street 59. 1204 Broad St Broad at 12th Street 60. 1245 Broad St Broad Street 61. 1297 Broad St Broad at 13th Street 62. 1298 Broad St Broad at 13th Street 63. 1301 Greene St Greene at 13th Street 64. Telfair Street Telfair at 13th Street 65. 307 Eleventh St Greene at 11th Street Trash Services for Permanent Sidewalk Receptacles Page 15 c:\program files (x86)\neevia.com\docconverterpro\temp\nvdc\f4a93cbc-70a9-41f5-b655-69a051eab83a\pdfconvert.43364.1.2019.02.22_sidewalk_receptacle_service.doc Address Cross-street 66. 955 Greene St Center Park on Greene 67. 902 Greene St on James Brown at Greene 68. 425 James Brown Blv J Brown at Telfair Street 69. 823 Telfair St J Brown at Telfair Street 70. 823 Telfair St on James Brown at Greene 71. 848 Ellis St on James Brown at Greene 72. 848 Ellis St on James Brown at Ellis 73. 912 Ellis St on James Brown at Ellis 74. 901 Greene St on James Brown at Greene Invitation to Bid Sealed bids will be received at this office until Friday, June 28, 2019 @ 11:00 a.m. for furnishing: Bid Item #19-135 Trash Services for Permanent Sidewalk Receptacles for Augusta, Georgia – Environmental Services Department 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 office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. 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, June 14, 2019 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. No bids may be withdrawn for a period of nintey (90) days after bids have been opened, pending the execution of contract with the successful bidder. 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 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, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle May 23, 30, June 6, 13, 2019 Metro Courier May 23, 2019 Engineering Services Committee Meeting 10/29/2019 1:10 PM Approve award of Bid Item #19-135, Trash Services for Permanent Sidewalk Receptacles to Coleman Sanitation. Department:Environmental Services Presenter: Caption:Approve award of Bid Item #19-135, Trash Services for Permanent Sidewalk Receptacles, to Coleman Sanitation. Background:In an effort to be local small business friendly and provide a means for them to participate, Environmental Services separated the sidewalk receptacle service from the front load service in 2013. Sidewalk receptacle service for 74 cans will be provided (7) days a week to ensure adequate coverage of special events and increased weekend traffic. The current permanent downtown sidewalk receptacles bid item 13-135 will end December 31, 2019. Analysis:The Augusta Environmental Services Department and the Procurement Department have concluded the bid process for Bid Item #19-135, Trash Services for Permanent Sidewalk Receptacles. After the review of the compliant vendors, Coleman Sanitation has met all the specified requirements of the bid documents without taking any exceptions and within the allocated budget amount. It is the opinion of the Augusta Environmental Services Department that Coleman Sanitation should be awarded this bid. Financial Impact:Adequate funds are available for the amount of $111,888.00 from 542-04-4110/52-22110. Alternatives:1. Approve award of Bid Item #19-135, Trash Services for Permanent Sidewalk Receptacles to Coleman Sanitation. 2. Do not approve the award. Recommendation:Approve award of Bid Item #19-135, Trash Services for Permanent Sidewalk Receptacles to Coleman Sanitation. Funds are Available in the Following Accounts: Adequate funds are available for the amount of $111,888.00 from 542-04-4110/52-22110. REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Invitation to Bid Sealed bids will be received at this office until Friday, May 17, 2019 @ 11:00 a.m. for furnishing for: Bid Item #19-226 Waste Handler – Dozer for Augusta, GA – Environmental Services Department 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 Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. 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, May 3, 2019 @ 5:00 P.M. No bid will be accepted by fax, 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 bidder. 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 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, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle April 11, 18, 25, May 2, 2019 Metro Courier April 11, 2019 OFFICIAL Page 1 of 1 VENDORS YANCEY BROTHERS 4165 MIKE PADGETT HWY AUGUSTA, GA 30906 FLINT EQUIPMENT CO 1206 BLAYLOCK STREET ALBANY, GA 31705 UNITED RENTAL 2425 MIKE PADGETT HWY AUGUSTA, GA 30906 Attachment B Yes Yes No Bid E-Verify Number 686717 344722 SAVE Form Yes Yes Year 2019 2019 Brand Caterpillar John Deere Model D8T WH 1050K Bid Price $899,900.00 $793,383.00 Approximate Delivery Time 19-20 Weeks ARO 90-120 Days ARO Exceptions Noted Yes Carlson GPS System $50,550.00 $47,205.00 Bid Opening Item #19-226 Waste Handler-Dozer for Augusta, Georgia-Environmental Services Department Bid Due: Friday, May 17, 2019 @ 11:00 a.m. Waste Handler-Dozer Total Number Specifications Mailed Out: 22 Total Number Specifications Download (Demandstar): 0 Total Electronic Notifications (Demandstar): 21 Georgia Procurement Registry: 647 Mandatory Pre-Bid/Telephone Conference: N/A Total packages submitted: 2 Total Non-Compliant: 0 Optional Equipment Engineering Services Committee Meeting 10/29/2019 1:10 PM Approve the purchase of Caterpillar model D-8T WH/W GPS Dozer, bid item #19-226, from Yancey Brothers as the compliant bidder with no exceptions Department:Environmental Services Presenter: Caption:Approve the purchase of Caterpillar model D-8T WH/W GPS Dozer, bid item #19-266, from Yancey Brothers as the compliant bidder with no exceptions. Background:Over the years, the Environmental Services Department (ESD) has operated a variety of sizes and types of dozers. We have used large dozers that are designed for high volume operations. We have also used mid-sized dozers designed for medium and lower sized operations. Currently, the ESD operates with three mid-sized dozers. They operate on the working face of the landfill. They were bought as a package deal in 2014. They were purchased due to the cost and operational effectiveness three mid-sized dozers would give us at that time. The three dozers currently operating are reaching their normal life expectancy. It is now time to examine all options to effectively replace this equipment. Upon examining landfill operations over the past year, it has become apparent we need to move to operating large dozers in order to maintain our current operations. The volume of trash received has increased in recent years to a point where a mid-size dozer in no longer adequate. In addition, equipment breakdowns based on the effects of the lower undercarriage of the mid-size dozer and the need to seek replacement rental equipment have accentuated this move. The ESD is proposing a two-stage transition process in order to address this need. Over a two-year period, two larger dozers will replace the current three mid-sized dozers. A large dozer will be purchased in FY 2019 followed by another purchase in FY 2020. The ESD in conjunction with the Procurement Department released bid #19-266 in an effort to procure a large dozer. There were two responsive bidders to the solicitation. The initial low bidder was Flint Equipment with a John Deere 1050 K. This bid did not meet several specifications as set forth in the bid. (See attached award memo.) Therefore, it was determined that the bid was not compliant with the requested specifications. The ESD recommends we accept the Yancey Brothers bid of a Caterpillar D-8T WH/W GPS. It was the second lowest bid. It meets the requirements set forth in the bid specifications. Analysis:The daily cover needs of the landfill necessitate the phasing out of the three mid-sized 2014 John Deere 850 K dozers. We are proposing a two-stage transition process. We are moving forward with the purchase of an initial large dozer. We are proposing the purchase of a Caterpillar D-8T. Next year we will implement the 2nd stage with the purchase of an additional large dozer. The three existing John Deere 850 K’s will be sold on government deals to help offset the purchase costs. A further cost saving benefit of this transition will be the inclusion of a GPS system in each new large dozer. This will allow us to achieve additional cost effectiveness through advanced location capabilities. It will also improve communication with the compactor. This will help us achieve better compaction of the cell. This in turn will lead to less need for additional airspace. Financial Impact:The purchase price of the Caterpillar D-8T dozer is $950,450.00 with the GPS system installed prior to onsite delivery. Alternatives:1. Approve the purchase of the Caterpillar D-8T WH/W GPS. 2. Do not approve. Recommendation:Approve the purchase of the Caterpillar D-8T WH/W GPS. Funds are Available in the Following Accounts: Funds are available in 541-04-4210 / 54.22510 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Engineering Services Committee Meeting 10/29/2019 1:10 PM Augusta Environmental Services Department Department: Presenter: Caption:Discuss operations at the Augusta Environmental Services Department. (Requested by Commissioner Marion Williams) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: ENVIRONMENTAL SERVICES DEPARTMENT Mark Mehall Director MEMORANDUM TO: FROM: DATB: ST]BJECT: Geri Sams Procurement Director Mark Mehall ilmc' Department Director October 21,2019 Contract Extension / Change order - Aflantic Coast Consulting - RFp lg-146c The Environmental Services Department is requesting a change order for our current contract with Atlantic Coast Consulting (ACC), purchase order #P367569. The original term expire d 12/3112017 and we are in the first renewal term now through the end of 2019 are exercising the second renewal term through December 3l't, 2021. l) Atlantic Coast Consulting provides environmental compliance and environmental testing services which are vital to maintaining compliance with federal and state laws as well as a variety of local, state, and federal permit requirements. The landfill has an active gas collection and control system which must be monitored and operated according to permit compliance and must submit semi-annual reports. The facility must comply with the Georgia Permit for lndustrial Stormwater which requires a minimum of quarterly monitoring of stormwater discharges from the facility, annual reporting and certification of such, as well as development and maintenance of Stormwater Pollution Prevention Plans and Spill Prevention Control and Countermeasure Plans. While the facility is undergoing construction, it must also comply with the Erosion and Sedimentation Act to prevent discharges to state waters; and monitor and inspect the construction site daily for any improvements that can be made so that sedimentation does not occur off- site. The Environmental Services Department has the responsibilities of the underground storage tank program which requires annual certification of each underground storage tank owned by Augusta at the landfill, Marina, Transit, and 401 Walton Way. In addition, the Environmental Services Department has the responsibilities of the Industrial Stormwater program for Augusta which requires the permit compliance of five locations - Daniel Field Airport, Augusta Regional Airport, Fleet, Transit, and the Landfill. The facility's Solid Waste Handling permit also requires compliance with the Georgia Rules for Solid Waste and must complete semi-annual groundwater monitoring and reporting, quarterly tonnage reporting, annual financial assurance certification, annual remaining capacity calculations and certifications, and operate the facility in accordance with the Rules as well as the facility Design and Operation Plan. All of the above reports require specific expertise in that particular area in order to complete the work and the reports, in addition to specialized certifications and./or licenses in order to complete or sign the required reports. Environmental Services Department o 4330 Deans Bridge Road Blythe, GA 30g05 (706) 592-3200 - Fax (j06) 592-325s WWW.AUGUSTAGA.GOV 2) Atlantic Coast Consulting also oversees several landfill construction projects including new cell construction, gas collection system expansion, and leachate tank farm construction. The engineering and consulting services provided by ACC are critical to the operation of the landfill facility. When the previous Environmental Services Department Director made the 2019 budget, she had planned to reduce the scope of ACC by 30%. This reduction was to be achieved by adding several new ESD staff positions to take on tasks currently performed by ACC. The amount budgeted and subsequent 2019 ACC purchase order reflected this reduction. 20161 02119 ACC Purchase Order 2017106/21 ACC Purchase Order 2018101130 ACC Purchase Order 2019/02113 ACC Purchase Order Unfortunately, the job descriptions were not completed and the new positions were never filled before the departure of previous ESD Director in March,2079. Consequentially, the scope of work required by ACC did not decrease in 2019, instead it increased. There were numerous duties resulting from the Director's departure as well as other compliance issues which were not anticipated in the decision for the 2019 ACC budget amount. The additional duties included numerous site inspections, review and approval special waste profiles, reports, dewatering Phase 3 and gas collection system consulting, response and representation regarding Consent Order, Phase 2C cellclosure and Phase 3 cell closure. $1,750,000.00 $ 700,000.00 $1,100,000.00 S 90o,ooo.oo Initial Landfill lnspection $ 5,000.00 Monthly Reports $12,000 per month $108,000.00 Special Waste Review Assistance $1,000.00 $ I1,000.00 Reporting Assistance $1,000.00 $ I1,000.00 GCCS Compliance efforts - SVE System/ dewatering efforts $ 17,500.00 Perched leachate desigrr/ CAE/ Consent Order Assistance $ 15,000.00 Phase 2C Closure Turf permitting $ 50,000.00 Phase 2C Closure CDs - addl closure turf option design $ 50,000.00 Phase 3 Closure Turf permitting s 25,000.00 Phase 3 Partial Closure CDs $ 75,000.00 Peach Orchard OfFrces $ 32,500.00 Asbestos Assessments $ 25,000.00 Thank you in advance for your time and attention. Please feel free to contact me at 706-5 g2-32}6,should you have any questions or require any additional information. Cc: File B. Padgett K. Daniel 02/t3/te 442L0 (770) 33s-380{ E.VERIFY '98553 ATIJAITTTC COAST CONSULTING INC, 630 COLONTAI, PARK DRIVE surrE 110 noswELL, cA 30075 AUG RC CTY LAIIDTTLL {330 DEA}IS BRIDGE RON) BLYTHE, GA 30805 EACH EI[\'I RONUENTATJ COMPLIA,NCE TESTING, ENGINEERING A}ID CONSI'LTING SERVICES APPROVED BY COMMISSION 2/21/72, mEu *33 s{ 1 - 0{ -{ 21 A / 52 -t2tl5 900, 000. PU HASE ORDER AUGUSTA, GEORGIA SUITE 605, PROCUREI'ENT DEPARTMENT 535 TELFAIR STREET, 'UUNICIPAL BUILDIT{G lOOORC AUGUSTA, GEORGIA 30901.2377 PHONE: 0OAl821-2422 BILL TO: Page 1 of 1 ATTN: BIDNUMBER: 1,9-1{5C CONTRACT f: ROBIN P367569 R312786 BUYER 0001 CONOITIONS . READ CAREFULLYt Thc puohrEr 13 axdpl b, lllua frm paFant ot Fadcrrt Slatc. a6d i^rnrogrl!rlc! lxos and olhar lar6 2 Shpprng char96 pr.pld by {ndd 3 Paloel wx be hrda d cmplatc $.pmHlr onty onle$ dhaM* r.quatledr 0ELrvEiy 'lcxEr rrusr acco'rpaNy cooos 5 Nobadrddlri W.$n raddar ilaEt.br. 5 Plca* m.I. dcl€r€t b.twaan I A M .aC a PM ) All Cd! rceiEd wlh 1b*Qur6t Dirstcgc to m$ld and .ctur^ al Vcndor i?ipcn* ll dcledr€ il nd i^ mhplirr€ ilh tu. -.qi6tro38 lndod datr€r, rl n.e3sry I P.Flhr N.l 30 d.eddnt ro 6dDd AUGUSTA, GEORG]A ACCOUNTING DEPARTMENT, SUITE 8OO 536 TELFAIR STREET, MUNICIPAL BUILDING 'OOOAUGUSTA, cA 30901-2379 (7061 821,2335 ALL II{VOICES AND CORRESPONOENCE MUST 8E SENT TO ABOVE AODRESS REGAROLESS OF SHIPPING DESTINATION, NET TOTAL /r/7r-9 900, 000. REOUISITIONER APPROVEO FOR ISSUE PROCUREMENT OIRECTOR 900, 000 . Attachment for Agenda Item: Authorize a change order to Atlantic Coast Consulting’s (ACC) current Purchase Order P367569. (RFP 19-146C Environmental Compliance Testing, Engineering & Consulting). Engineering Services Committee Meeting 10/29/2019 1:10 PM Authorize a change order to Atlantic Coast Consulting’s (ACC) current PO Department:Environmental Services Presenter: Caption:Authorize a $425,000.00 change order to Atlantic Coast Consulting’s (ACC) current Purchase Order P367569. (RFP 19- 146C Environmental Compliance Testing, Engineering & Consulting). Background:Atlantic Coast Consulting (ACC) currently has a contract with the Environmental Services Department to perform various engineering/environmental related tasks, many of which are vital to maintaining compliance with federal and state laws as well as a variety of local, state, and federal permit requirements. ACC is also involved in the oversight of major landfill construction projects including new cell construction, gas collection and control system expansion, and the leachate tank farm construction. The facility's Solid Waste Handling permit requires compliance with the Georgia Rules for Solid Waste and the submission of semi-annual groundwater monitoring and reporting, quarterly tonnage reporting, annual financial assurance certification, annual remaining capacity calculations and certifications, and to operate the facility in accordance with the Rules as well as the facility Design and Operation Plan. All of the above reports require specific expertise in that particular area in order to complete the work and the reports, in addition to specialized certifications and/or licenses in order to complete or sign the required reports. The landfill has an active gas collection and control system, which must be monitored and operated according to permit compliance and with the submission of semi-annual reports. The facility must comply with the Georgia Permit for Industrial Storm Water, which requires a minimum of quarterly monitoring of storm water discharges from the facility, annual reporting and certification of such, as well as development and maintenance of Storm water Pollution Prevention Plans and Spill Prevention Control and Countermeasure Plans. Analysis:The previous Director, Ms. Videtto, determined that with additional ESD personnel, the scope of services provided by ACC could be reduced by 30%. The approved 2019 budget reflects the additional personnel as well as the reduced budgeted amount for ACC. The amount budgeted and subsequent 2019 ACC purchase order reflected this reduction. 2016/ 02/19 ACC Purchase Order $1,750,000.00 2017/06/21 ACC Purchase Order $ 700,000.00 2018/01/30 ACC Purchase Order $1,100,000.00 2019/02/13 ACC Purchase Order $ 900,000.00 However due in part to Ms. Videtto’s departure in March, the scope of work required by ACC did not decrease in 2019, instead it increased. This is due to compliance issues which were not anticipated; some additional duties associated with site inspections, review and approval of special waste profiles, dewatering Phase 3, gas collection and control system consulting, response and representation regarding a Consent Order, Phase 2C cell closure and Phase 3 cell closure (see attachment). Financial Impact:The total cost of the change order request is $425,000.00; and will be paid from funds allocated in ESD budget 541-04- 4210/52.12115. Alternatives:1. Authorize the change order. 2. Do not authorize the change order, which will impact landfill operations and possible GA EPD compliance. Recommendation:Authorize the change order. Funds are Available in the Following Accounts: The total cost of the change order request is $425,000.00 to be funded by Waste Management fund balance, and charged to 541044210 - 5212115. REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission OFFICIAL Vendors Attachment "B"E-Verify SAVE Form Bid Price Compliance Review 6% Goal Augusta Lawn & Turf 3618 Phillips Dr Augusta, GA 30907 Yes 202665 Yes $2,988,090.00 NO Augusta Quality LLC 1540 Keron Way Hephzibah, GA 30815 Yes 639585 Yes $517,111.86 YES TNT Lawncare & Handyman Services 4213 James Drive Hephzibah, GA 30815 Pond Maintenance of Augusta 3707 Colbert St. Augusta, GA 30906 Jacobs Land Management 733 Scott Nixon Memorial Dr Augusta, GA 30907 Piedmont Landscape Management 1048 Frankie Industrial Pkwy Augusta, GA 30909 In His Name Lawncare 3550 Crawfordville Dr. Augusta, GA 30909 Davis Landscape 702 McKnight Industrial Augusta, GA 30907 CSRA Landscaping 2321 H Peach Orchard Augusta, GA 30906 Green Image 4170 Arlington Rd Evans, GA 30809 Clean Cut Landscaping 2712 Davis Mill Rd Martinez, GA 30907 Blackrock Landscaping 514 Belvedere Clearwater Rd N Aaugusta, SC 29841 College Pro Landscaping P.O. Box 519 Hull, GA 30646 Total Number Specifications Mailed Out: 45 Total Number Specifications Download (Demandstar): 5 Total Electronic Notifications (Demandstar): 57 Georgia Procurement Registry: 831 Mandatory Pre-Bid Conference Attendees: 17 Total Packages Submitted: 2 Total Noncompliant: 1 Bid Opening Bid Item #19-270 Grounds and Landscape Improvements and Maintenance – Various Roadways and Roundabouts for Augusta, GA - Engineering Department Bid Date: Tuesday, September 10, 2019 @ 10:00 a.m. Page 1 of 2 OFFICIAL Vendors Attachment "B"E-Verify SAVE Form Bid Price Compliance Review 6% Goal Total Number Specifications Mailed Out: 45 Total Number Specifications Download (Demandstar): 5 Total Electronic Notifications (Demandstar): 57 Georgia Procurement Registry: 831 Mandatory Pre-Bid Conference Attendees: 17 Total Packages Submitted: 2 Total Noncompliant: 1 Bid Opening Bid Item #19-270 Grounds and Landscape Improvements and Maintenance – Various Roadways and Roundabouts for Augusta, GA - Engineering Department Bid Date: Tuesday, September 10, 2019 @ 10:00 a.m. Advanced Pro Powerwash 3673 Old Ferry Rd Martinez, GA 30907 Page 2 of 2 Invitation to Bid Sealed bids will be received at this office until Tuesday September 10, 2019 @ 11:00 a.m. for furnishing: Bid Item #19-270 Grounds and Landscape Improvements and Maintenance – Various Roadways and Roundabouts for Augusta, GA – Engineering Department Bid documents may be examined at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. Plans and specifications for the project shall be obtained by all prime contractors, subcontractors and suppliers exclusively from ARC. The fees for the plans and specifications which are non-refundable are $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.e-arc.com) at no charge through ARC Southern (706 821-0405) beginning Thursday, August 1, 2019. 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 23, 2019 @ 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 Tuesday, 27, 2019 @ 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 ninety (90) days after bids have been opened, pending the execution of contract with the successful bidder. 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 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, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle August 1, 8, 15, 22, 2019 Metro Courier August 1, 2019 Revised: 2/2/2016 Engineering Services Committee Meeting 10/29/2019 1:10 PM Grounds and Landscape Improvements and Maintenance – VariousRoadways and Roundabouts for Augusta, GA – Engineering DepartmentBid 19-270 Department:Engineering Presenter: Caption:Approve Award of “Grounds and Landscaped Improvements and Maintenance – Various Roadways and Roundabouts” Contract to Augusta Quality LLC, subject to receipt of signed contract and proper insurance documents. The Contract is effective 1/1/2020 for three years with Base year 1 and two option year renewal. Also, approve not to exceed $241,970/year to fund these contracted services. Requested by AED. BID 19- 270 Background:One of the key elements of Augusta Stormwater Management Program is Right-of-Way vegetation control and included upkeep of landscaped sections. Contract services are an integral part of Stormwater Services Program delivery as determined by AED. S upplementing AED maintenance resources with contract services such as Vegetation Control and Right-of-Way (ROW) Mowing is a practical approach to complete and sustain much needed maintenance services in a cost effective and timely manner. Such services are essential to minimizing public safety risk and associated potential hazard liabilities, enhancing surrounding aesthetic and improving quality of life. Analysis:Bids were received on September 10, 2019 with Augusta Quality LLC being the low responsible bidder. The bid results are as follow: CONTRACTORS BID 1.Augusta Lawn & Turf $2,988,090/Base year & option years 1&2 2.Augusta Quality LLC $617,111.76/ Base year & option years 1&2 It is the recommendation of the Engineering Department to award this project to Augusta Quality LLC. Financial Impact:Funds are available in AED Stormwater Utility fund. Alternatives: 1. Do not approve contract award and find alternative way providing needed maintenance Services. Recommendation:Approve Award of “Grounds and Landscaped Improvements and Maintenance – Various Roadways and Roundabouts” Contract to Augusta Quality LLCC, subject to receipt of signed contract and proper insurance documents. The Contract is effective 1/1/2020 for three years with Base year 1 and two option year renewal. Also, approve not to exceed $241,970/year to fund these contracted services. Requested by AED. BID 19- 270. Funds are Available in the Following Accounts: FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNTS: AED Stormwater Utility Funds 581-044320- 5211110 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Engineering Services Committee Meeting Commission Chamber - 101812019 ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; Hasan, Vice Chainnan; Garrett and Frantom, members. Absent: Hon. M. Williams, Chairman. ENGINEERING SERVICES 1. Consider award of Bid Item #19-277 to Legacy Water Group, LLC. to Item construct the Fort Gordon Cross Basin Lift Station and Force Main under the Action: Task order Program RFQ #18-263 in the amount of $3,086,045.00. Approved Motions Motion Motion TextI ype Motion to. aDDrove.APProve uotion passes 3-0. Made By Seconded By Commisioner Sean CommissionerFrantom Ben Hasan Passes Motion Result Motion Result 2. Motion to determine that Merrimac Avenue North of Old Ironsides Boulevard, Item as shown on the attached map has ceased to be used by the public to the extent Action: that no substantial public purpose is served by it or that its removal from the Approved county road system is otherwise in the best public interest, and to receive as information the results of the public hearing held regarding the issue of abandonment pursuant to o.C.G.A. $32-7-2, with the abandoned property to be quit-claimed to the appropriate party(ies), as provided by law and an easement to be retained over the entire abandoned portion for existing or future utilities as directed by Augusta Engineering Department and Augusta Utilities Department and adopt the attached Resolution. Motions i^#:" Motion Text Made By seconded By Approve Motion to commisioner commissioner passes approve. Sean Frantom Brandon Garrett Motion Passes 3-0. 3. Approve the installation of 22 street lights in the Haynes Station Phase 10 Item development with an annual cost of $6,951.12. Also approve the creation of a Action: new lighting tax district for the 56 lots within Phase 10. Funding is available Approved in Street Lighting budget account #2760416105312310. Motions Y::*1'" Motion Text Made By Seconded By Motionlype - ----- -'t --------- "J Result Motion to Approve il5,',Xl'ru.,., ;:#il:'[ff:- ff#Hffi passes 3-0. 4. Receive information from Engineering Department regarding l) 2018 and Item 2019 storm water project updates in regards to the original list and where we Action: are today 2) what are the SOP for storm water projects and 3) post of projects Approved and addresses as well as details on work. (Requested by Commissioner Brandon Garrett) Motions ['o11"Il Motion Text Made By seconded By Motion'l'YPe ''---- -r Result Motion to approve A .._-^--^ receiving this item as Commisioner CommissionerApprove information. sean Frantom Brandon Garrett Passes Motion Passes 3-0. www.augustaga.gov Engineering Services Committee Meeting 10/29/2019 1:10 PM Minutes Department: Presenter: Caption:Motion to approve the minutes of the Engineering Services Committee held on October 8, 2019. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Lena Bonner From: Sent: To: Cc: Subject: Ms Bonner, Commissioner Sammie Sias Tuesday, October 15, 2019 7:00 AM Lena Bonner Nancy Morawski; Fred Koehle; Hameed Malik;Oscar Flite Storm Water Update Please add the following agenda item to the Engineering Committee for 29 October 2019. Mr. Fred Koehle will provide a data sheet to be included with the agenda item. "Discuss Storm Water Program Update reference Mosquito control, detention /retention ponds and ditches." Sammie L. Sias Commissioner, Augusta Richmond County "Failure is not an Option" i] re$uil of th* e-rrail transnris$i{:}n. Iiverificalion is r"erlirired, f)lease r*que$t a hard ccpy versioi}. r'\ii:I) ',(i4 'J RICHMOND COUNTY MOSQUITO CONTROL 950 Laney Walker Blvd. Augusta, Ga. 30901 October 29, 2019 Mosquito activity: 2015-2658 2016-3410 2017-4338 2018-4489 Mosquito activity 2019 Service requests 311 3951 Re-occurring sprays 567 Special sprays 34 Barrier Sprays 26 Thermo fogging 10 Total thru 10/11/2019 4578 Swimming pool inspections 87 Tire inspections 4 Property inspections 2 We have been working with the CDC conducting resistance testing on mosquitoes raised from eggs. CDC is paying for this. We are working with the Georgia Department of Agriculture collecting ticks from the Animal Shelter and from 10 Vets in the area. Counting, identifying and sending to Ag for future testing and tracking species. We are conducting bed bug training for shelter workers and Public Health nurses after the problems that occurred with the Savannah medical needs evacuees. Our Entomologist had developed 3 grade level education programs for the RCBOE to use in the classrooms. She will teach the classes as well as working with the 4 H club in the schools and the MACH Academy. August (Fred) Koehle Program Manager Richmond County Mosquito Control A Division of Richmond County Public Health 950 Laney Walker Blvd. Augusta, Ga. 30901 Work Cell (762) 685-6068 Email: august.koehle@dph.ga.gov Past President Georgia Mosquito Control Association RICHMOND COUNTY MOSQUITO CONTROL DETENTION POND INSPECTION PROGRAM 950 Laney Walker Blvd. Augusta, Ga. 30901 October 29, 2019 POND ACTIVITY 6 Mo. 2017 2018 2019 Ponds inspected 173 385 239 Ponds re-inspected 184 153 Owners notified by mail 569 382 Compliant ponds 51 69 Thank you letters 51 69 Ponds treated daytime 4 7 Ponds treated nighttime 35 42 Public education programs 21 29 26 Attendees 4003 3258 2434 ------------------------------------------------ AUGUST F. KOEHLE Program Manager Richmond County Mosquito Control Disease Prevention and Control Division of Richmond County Public Health 950 Laney Walker Blvd. Augusta, Ga. 30901 762-685-6068 Email: August.koehle@dph.ga.gov Engineering Services Committee Meeting 10/29/2019 1:10 PM Mosquito control, detention Department: Presenter:Commissioner Sammie Sias Caption:Discuss Storm Water Program Update reference Mosquito control, detention /retention ponds and ditches. (Requested by Commissioner Sammie Sias) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: SADDLEBROOK SUBDIVISION QUAIL HOLLOW SUBDIVISION Street Count HH REC Street Count HH REC Roundup Drive 15 2 103 Quail Hollow Drive 29 2 102 Roping Way 6 2 103 Ashfield Court 11 2 102 Canter Court 5 2 103 Andover Drive 23 3 101 Reins Court 10 9 103 Portsmouth Place 32 3 101 Saddlebrook Drive 52 2 103 Crosshaven Drive 60 3 101 Saddlehorn Run 41 9 103 Crosscreek Road 46 3 101 Saddlehorn Court 12 9 103 Pheasant Drive 21 2 102 Martingale Court 10 9 103 Ptarmigan Road 31 2 102 Sidesaddle Court 10 2 103 Woodcock Drive 129 2 102 Stirrup Court 6 9 103 Chukar Court 16 2 102 167 Pintail Court 5 2 102 Plumbridge Court 15 3 101 Morgan Road 50 2 103 Bob White Court 10 2 102 Andover Court 12 3 101 Portland Street 3 3 101 443 PEBBLECREEK SUBDIVISION Street Count HH REC Pebblecreek Drive 92 4 103 Hiers Boulevard 26 Crestview Court 7 4 103 Hiers Court 6 HH REC Ridgecrest Drive 15 4 103 Guy Court 6 4 101 Rambling Way 12 4 103 Loren Parkway 18 4 101 Pebble Creek Court 6 4 103 56 Old Tobacco Road 2 4 103 134 ALGERNON TOTAL 949 Street Count Algernon Circle 57 HH REC Algernon Court 5 8 103 Mercedes Drive 15 8 103 Buckner Drive 22 8 103 99 Move to TUESDAY Move to TUESDAY Move to TUESDAY Move to MONDAY Move to MONDAY Date: September 1, 2019 To: Becky Padgett From: Rob McClellon Subject: COLLECTION DAY CHANGE – INLAND WASTE SOLUTIONS Background In accordance with Section 4.2.1 Route Change Requests of the Augusta Solid Waste and Recyclables Collection Services Contract, the Contractor may make revisions to approved route maps in the event collection days or routes become unbalanced. Based on population changes, the total number of households serviced, by day, have become unbalanced. Our records indicate the current home count by day as follows; Day Home Count Monday 5561 Tuesday 5900 Wednesday 7429 Thursday 9073 Friday 7521 Proposed Effective Date Inland Waste Solutions is proposing the change be effective November 4th, 2019 in accordance with Sections 4.2.1 and 4.3 of the Contract. Proposed Change Inland Waste Solutions proposes to move Thursday Household (HH) Route 02 (total of 949 homes) and a portion of Recycle route 101 to Monday and Tuesday. This approach limits the impact to one HH route and a portion of one Recycle route. Also, to limit confusion and contribute to ease of communication and implementation, the changes will be made by entire subdivisions. Subdivision New HH Route New Recycle Route Saddelbrook Tuesday, Route 02 & 09 Tuesday, Route 103 Pebblecreek Tuesday, Route 04 Tuesday, Route 103 Algernon Circle Tuesday, Route 08 Tuesday, Route 103 Quail Hollow Monday, Route 02 & 03 Monday, Route 101 & 102 Hiers/Guy/Loren Monday. Route 04 Monday. Route 101 Orion Waste Solutions Collection Day Change Page 2 of 2 Collection Day Change Notification Process In accordance with Section 4.3 of the Contract, Inland Waste Solutions will be responsible for the full cost and provision of notification to all residents affected by the change. Between October 21-22 , 2019, the Contractor shall mail an approved communication letter to each resident with a change in service day. An example of the communication is included as part of this request (see Attachment A). In addition to the mailed document, Inland is requesting the support of Augusta-Richmond County to place their portable Message Boards at the entrance to the subdivisions on October 21st in order to announce the change effective November 4th or 5th (depending on the subdivision). We look forward to implementing this Day Change as soon as feasible. Please share with me what additional information I owe you on this request. Sincerely, Robert McClellon General Manager ATTACHMENT A: PROPOSED COMMUNICATION MAILER October 21st, 2019 Resident 1234 Street Name Augusta, GA 30609 Dear Resident; Over the past several years there has been increased growth in the community that has caused our routing to become unbalanced on certain days. In an effort to ensure more timely collection, Inland Waste Solutions (doing business as Orion Waste Solutions) is rebalancing its routes by moving your collection from Thursday, to TUESDAY. Below is a summary on how the Day Change will be implemented. Effective Date: November 4, 2019 Collections: All collections are being moved to the new day – Household, Recycle, Yard waste and Bulk. You will continue to receive all services on the same day. Service Schedule: You will receive service on Thursday, November 7th with your next service on TUESDAY, November 5, 2019. You will then receive service on all subsequent TUESDAY’S (November 12, 19th, 26th, and so forth). We at Orion Waste Solutions are proud to be your residential waste collection services provider. We appreciate your understanding of this change and are confident this move will enable us to provide a higher quality service to you. Sincerely, Orion Waste Solutions Inland Waste Solutions Service Day Change Proposal Overview Move portions of Thursday HH Route 02 and Recycle Route 101 to Monday and Tuesday Monday (450 Homes) We propose to move the Saddlebrook,, Pebblecreek and Algenon Circle subdivisions to HH routes 2, 4 and 8 and Recycle route 103. Tuesday (499 Homes) We propose to move Quail Hollow subdivision and Hiers/Guy & Loren to HH routes 2, 3 and 4 and Recycle routes 101 and 102 Total Homes with Day Change = 949 Lena Bonner From: Commissioner Ben Hasan Sent: Tuesday, October 22,20L9 11:52 PM To: Lena Bonner Subject: Fwd: Solid Waste Collection Service Day change Attachments: Service Day Change Owner Notification 201-9.docx; Service Day Change Proposal_November 20L9.docx; Orion Day Change Request-November 2019.docx; Service Day Change Street Listing November 2019.xlsx Good evening Mrs. Bonner can you put this matter on the next Committee cycle about the authority to accept or make changes in Sanitation contracts?Thanks! Get Outlook for iOS From: Lena Bonner <lbonner@augustaga.gov> Sent: Tuesday, October 22,2019 11:19:49 AM To: Bobby Williams <vbww@comcast.net>; Commissioner Ben Hasan <BHasan@augustaga.gov>; Commissioner Brandon Garrett <BGarrett@augustaga.gov>; Commissioner Dennis Williams <DennisWilliams@augustaga.gov>; Commissioner John E. Clarke <JClarke@augustaga.gov>; Commissioner Marion Williams <MFWilliams@augustaga.gov>; Commissioner Mary Davis <MFDavis@augustaga.gow; Commissioner Sammie Sias <SSias@augustaga.gov>; Commissioner Sean Frantom <SFrantom@augustaga.gov>; Commissioner William Fennoy <Fennoy@augustaga.goD; Mayor Hardie Davis, J r. <HDavisJ r@augustaga.gov> Subject: FW: Solid Waste Collection Service Day change Good morning, Commissioner Sias asked that this information be forwarded to you. Lena J. Bonner Clerk of Commission Office of the Clerk of Commission Suite 22o Municipal Building 535 Telfair Street Augusta, Georgia 3o9o1 Tel: 7o6-8zr-1820 Fax 7o6-8zr-1838 From: Comm issioner Sammie Sias <SSias@a ugustaga.gov> Sent: Tuesday, October 22,2OI9 11:07 AM To: Lena Bonner <lbonner@augustaga.gov> Cc: Commissioner Ben Hasan <BHasa n @augustaga.gov> Subject: Fw: Solid Waste Collection Service Day change Ms Bonner Please forward to all commissioners. Sammie L. Sias Commissioner, Augusta Richmond County "Foilure is not on Option" From: Becky Padgett <SPadgett@augustasa.gov> Sent: Friday, October 1,8,2019 2:t4 PM To: Commissioner Bobby Williams <Bobbv.Williams@ausustaga.gov>; Commissioner Sammie Sias <SSias@auqustasa.gov>; Commissioner Marion Williams <MFWilliams@augustasa.sov> Cc: Mark Mehall<MMehalltoauqustaga.eov>; Maurice D. McDowell<MMcDowell@ausustaga.sov>; Jarvis Sims <JSi m s(&a ugustaEa.gov> Subject: Solid Waste Collection Service Day change Good afternoon Commissioners, Rob McClellan with Orion Waste Solutions has requested a change in service day for approximately 949 homes in accordance with Section 4.2 of the Solid Waste and Recyclables Collection Agreement. As more homes were constructed in the area over the years, Orion's Thursday's service day became unbalanced and difficult to complete in a timely manner. Overview Move portions of Thursdoy HH Route 02 ond Recycle Route L01 to Monday and Tuesday Monday (450 Homes) Propose to move the Saddlebrook, Pebblecreek ond Algenon Circle subdivisions to HH routes 2, 4 ond I and Recycle route 10i. Tuesdoy (499 Homes) Propose to move Quoil Hollow subdivision ond Hiers/Guy & Loren to HH routes 2,3 ond 4 ond Recycle routes 101 and L02 Total Homes with Day Change = 949 Environmental Services has reviewed and approved the Orion service day change request to include garbage, recycling, yard waste, and bulky waste collections. Orion will mail the attached owner notification letter to all addresses within the service change area on October 2L't, 2019 as required by Section 4.3. The effective service day change will begin on Monday, November 4th and Tuesday November 5th. Orion will provide courtesy collections received on the previous service day (Thursday) for a two week period following the implementation of the change as stipulated in Section 4.2.3 lf you have any questions, please do not hesitate to contact me at 706-921,-1,otg. Thank you, Becky Beckg Pad.gett Interim D eputy Director Aug us t a Enuir onrnent al Ser-uices 4SSo Deants Bridge Roo,d. Blythe, GA goSog 7o6-82t-7o79 phone 706-592-32SSfax Engineering Services Committee Meeting 10/29/2019 1:10 PM Orion Waste Solutions Department: Presenter:Commissioner Ben Hasan Caption:Discuss Orion Waste Solutions has requested a change in service day for approximately 949 homes in accordance with Section 4.2 of the Solid Waste and Recyclables Collection Agreement. (Requested by Commissioner Ben Hasan) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Lena Bonner From: Sent: To: Subject: Ms. Bonner; Marcus Campbell Thursday, October 24,2019 8:35 AM Lena Bonner Agenda Item for 29 Qctober 20i.9 Below is the agenda item to be placed on the Public Safety Committee for 29 October 2019. Presentation from SP Plus on parking management implementation proposaland results of public hearings. Respectfully, Matcus Campbell Chief of Staff Office of Mayor Hardie Davis Jr. 535 Telfair Street, Suite 200 Augusta, Georgia 30901 (706) 821-1831 This e-mailcontains confidentialinformation and is intended onlyforthe individual named. lf you are notthe named addressee, you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. The City of Augusta accepts no liabilityfor the content of this e-mail or for the consequences of any actions taken on the basis of the information provided, unless that information is subsequently confirmed in writing. Any views or opinions presented in this e-mail are solely those of the author and do not necessarily represent those of the City of Augusta. E-mail transmissions cannot beguaranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender therefore does not accept liability for any errors or omissions in the content of this message which arise as a result of the e-mailtransmission. lf verification is required, please request a hard copy version. AED:104.1 Engineering Services Committee Meeting 10/29/2019 1:10 PM Parking management implementation proposal Department: Presenter: Caption:Presentation from SP Plus on parking management implementation proposal and results of public hearings. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: 1 OF 28 REVISION DATE: September 2017 STATE OF GEORGIA RICHMOND COUNTY MAJOR PROJECTS CONSULTANT SERVICES AGREEMENT BETWEEN AUGUSTA, GEORGIA (CITY) AND CONSULTANT CONSULTANT: PROJECT: DATE EXECUTED: DATE COMPLETED: 2 OF 28 REVISION DATE: September 2017 STATE OF GEORGIA RICHMOND COUNTY MAJOR PROJECTS CONSULTANT SERVICES AGREEMENT BETWEEN AUGUSTA, GEORGIA (CITY) AND CONSULTANT This Agreement is made and entered into this ______ day of _ ___________, 2019 by and between AUGUSTA, Georgia, a political subdivision of the State of Georgia, hereinafter called the “CITY” and , a Corporation authorized to do business in Georgia, hereinafter called the "CONSULTANT." WHEREAS, the CITY desires to engage a qualified and experienced consulting firm to furnish professional services for: and, WHEREAS, the CONSULTANT has represented to the CITY that it is experienced and qualified to provide the services contained herein and the CITY has relied upon such representation. NOW, THEREFORE, in consideration of the mutual promises and covenant herein contained, it is agreed by and between the CITY and the CONSULTANT that: 3 OF 28 REVISION DATE: June 2011 GENERAL PROVISIONS CONSULTANT has agreed, in this Agreement with CITY to procure the services of licensed design professionals, to provide the engineering services required to provide professional engineering and design services for the Project in accordance with the requirements as outlined in and attached as Attachment A – Scope of Services and other relevant data defining the Project. CONSULTANT COORDINATION The CONSULTANT shall cooperate fully with local government officials, utility companies, and other consultants as directed by the CITY. CONSULTANT and all relevant parties agree to work together on the basis of trust, good faith and fair dealing, and shall take actions reasonably necessary to enable each other to perform this Agreement in a timely, efficient and economical manner. All parties agree to cooperate in a manner consistent with good design practice and will exercise the degree of skill and diligence normally employed by professional engineers or consultants practicing under similar conditions. CONSULTANT will re-perform any services not meeting this standard without additional compensation. AMENDMENTS TO AGREEMENT Every amendment to the Scope of Services shall become and is hereby made a part of this Agreement. Amendments must be fully executed by both the CONSULTANT and CITY to be valid. REDUCTION IN REQUIRED SERVICES If reductions in the required services are ordered by CITY, the credits shall be the amounts for such services as described in subsequently executed Amendments to this Agreement, and no claim for damages for lost anticipated profits shall accrue to the CONSULTANT. DATE CHANGES If in this Agreement specific periods of time for rendering services are set forth or specific dates by which services are to be completed are provided and if such periods of time or dates are changed through no fault of CONSULTANT, the rates and amounts of compensation provided for herein shall be subject to equitable adjustment. AGREEMENT MODIFICATIONS This Agreement shall not be modified except by a duly executed Amendment hereto in writing under the hands and seals of both parties hereto. TIME OF COMPLETION The time of completion shall be as described in the schedule attached hereto as Attachment D - Schedule. 4 OF 28 REVISION DATE: June 2011 This Agreement shall terminate immediately and absolutely at such time as appropriated and otherwise obligated funds are no longer available to satisfy the obligations of the CONSULTANT on behalf of the CITY under this Agreement. However, CONSULTANT will be compensated for all work performed prior to termination of contract even if the CITY has obligated the funds to other projects. PROJECT PROGRESS CONSULTANT'S services and compensation under this Agreement have been agreed to in anticipation of the orderly and continuous progress of the Project through completion. LITIGATION Nothing in this Agreement shall be construed as obligating the CONSULTANT to appear, support, prepare, document, bring, defend or assist in litigation either undertaken or defended in behalf of the CITY except in consideration of compensation as set forth herein. All such services required or requested of CONSULTANT by the CITY except suits or claims between the parties to this Agreement will be reimbursed as additional services. BINDINGS It is further agreed that the CITY and CONSULTANT each binds itself and themselves, its or their successors, executors, administrators and assigns to the other party to this Agreement and to its or their successors, executors and assigns in respect to all covenants of this Agreement. Except as above, neither CITY nor the CONSULTANT shall assign, sublet or transfer its or their interest in this Agreement without prior written consent of the other party hereto. EXTENT OF THE AGREEMENT This Agreement represents the entire agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations and agreements, either written or oral as to the subject matter of this Agreement. 5 OF 28 REVISION DATE: June 2011 DEFINITIONS Wherever used in this Agreement, whether in the singular or in the plural, the following terms shall have the following meanings: Agreement Execution - means the date on which CONSULTANT executes and enters into an Agreement with CITY to perform the Work. Agreement Price - means the total monies, adjusted in accordance with any provision herein, payable to the CONSULTANT under this Agreement. CITY –means the legal entity AUGUSTA, Georgia, a political subdivision of the State of Georgia. CONSULTANT - means the party or parties contracting directly with the CITY to perform Work pursuant to this Agreement. Contract - means the Agreement Documents specifically identified and incorporated herein by reference. Contract Time - means the period of time stated in this Agreement for the completion of the Work. Subcontractor - means any person, firm, partnership, joint venture, company, corporation, or entity having a contractual agreement with CONSULTANT or with any of its subcontractors at any tier to provide a part of the Work called for by this Agreement. Supplemental Agreement - means a written order to CONSULTANT signed by CITY and accepted by CONSULTANT, effecting an addition, deletion or revision in the Work, or an adjustment in the Agreement Price or the Contract Time, issued after execution of this Agreement. Task Order – means a written order specifying a Scope of Services, time of completion and compensation limit for services being provided by CONSULTANT. Task Orders shall be incorporated by reference as part of the Supplemental Conditions of this Agreement. Work - means any and all obligations, duties and responsibilities, including furnishing equipment, engineering, design, workmanship, labor and any other services or things necessary to the successful completion of the Project, assigned to or undertaken by CONSULTANT under this Agreement. 6 OF 28 REVISION DATE: June 2011 CONTRACT DOCUMENTS List of Documents The Agreement, the General Conditions, the Attachments, and any Supplemental Agreements, including Task Orders shall constitute the Agreement Documents (the “Agreement”). Conflict and Precedence The Agreement Documents are complementary, and what is called for by one is as binding as if called for by all. In the event there are any conflicting provisions or requirements in the component parts of this Agreement, the several Agreement Documents shall take precedence in the following order: 1. Agreement – Including Attachments 2. General Conditions 3. Supplemental Conditions – Including Task Orders 7 OF 28 REVISION DATE: June 2011 GENERAL CONDITIONS 1. COMMENCEMENT OF WORK The performance of services as defined in the Prime Agreement between CONSULTANT and the CITY, and herein described in this Agreement as Attachment A shall be commenced upon receipt by the CONSULTANT of a written Notice To Proceed. The effective date of services shall be defined in the Notice To Proceed. 2. PROFESSIONAL STANDARDS The standard of care for all services performed or furnished by CONSULTANT under this Agreement will be the level of care and that is ordinarily used by members of CONSULTANT’S profession practicing under similar conditions. 3. CHANGES AND EXTRA WORK The CITY may, at any time, request changes in the work to be performed hereunder. All such changes, including any increase or decrease in the amount of the CONSULTANT’s compensation, which are mutually agreed upon by and between the CITY and the CONSULTANT, shall be incorporated in written Supplemental Agreements to the Agreement. Changes that involve an increase in the compensation shall require the approval of the CITY. 4. PERSONNEL The CONSULTANT represents that it has secured or will secure, at its own expense, all personnel necessary to complete this Agreement; none of whom shall be employees of, or have any contractual relationship with, the CITY. All of the services required hereunder will be performed by the CONSULTANT under its supervision, and all personnel engaged in the work shall be qualified and shall be authorized or permitted under law to perform such services. All Key Professional Personnel, including subcontractors, engaged in performing services for the CONSULTANT under this agreement are indicated in a personnel listing attached hereto as Attachment C – Listing of Key Personnel and incorporate herein by reference. No changes or substitution shall be permitted in the CONSULTANT’s Key Personnel without the prior written approval of the CITY or his designee. The CONSULTANT shall employ only persons duly registered in the appropriate category in responsible charge of supervision and design of the work. The CONSULTANT shall endorse all reports, contract plans, and survey data it provides to the City. Such endorsements shall be made by a person duly registered in the appropriate category by the Georgia State Board of Registration for Professional Engineers and Land Surveyors, being in the full employ of the CONSULTANT and responsible for the work prescribed by this Agreement. 8 OF 28 REVISION DATE: June 2011 5. ACCURACY OF WORK The CONSULTANT shall be responsible for the accuracy of the work and shall promptly correct errors and omissions in its plans and specifications without additional compensation. The CONSULTANT shall give prompt attention to these changes so there will be a minimum of delay to others. Acceptance of the work by the CITY will not relieve the CONSULTANT of the responsibility for subsequent correction of any errors. 6. CONFIDENTIALITY The CONSULTANT agrees that its conclusions and any reports are for the confidential use and information of the CITY and that CONSULTANT will not disclose its conclusions in whole or in part to any persons whatsoever, other than to submit its written documentation to the CITY, and will only discuss the same with it or its authorized representatives. Upon completion of this Agreement term, all documents, drawings, reports, maps, data and studies prepared by the CONSULTANT pursuant thereto shall become the property of the CITY and be delivered thereto. Articles, papers, bulletins, reports, or other materials reporting the plans, progress, analyses, or results and findings of the work conducted under this Agreement shall not be presented publicly or published without prior approval in writing of the CITY. If any such information is released by the CITY or by the CONSULTANT with such prior approval of the CITY, the same shall be regarded as public information and no longer subject to the restrictions of this Agreement. 7. OPEN RECORDS CONSULTANT acknowledge that all records relating to this Agreement and the services to be provided under the contract may be a public record subject to Georgia’s Open Records Act (O.C.G.A. § 50-18-70, et seq.). CONSULTANT shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. 8. JURISDICTION The law of the State of Georgia shall govern the AGREEMENT between CITY and CONSULTANT with regard to its interpretation and performance, and any other claims related to this Agreement. All claims, disputes and other matters in question between CITY and CONSULTANT arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The CONSULTANT, by executing this Agreement, specifically consents to jurisdiction and venue in Richmond County and waives any right to contest the jurisdiction and venue in the Superior Court of Richmond County, Georgia. THE PARTIES AGREE TO WAIVE THEIR RIGHTS TO TRIAL BY JURY. 9 OF 28 REVISION DATE: June 2011 9. TERMINATION OF AGREEMENT FOR CAUSE If the CONSULTANT shall fail to fulfill in a timely and proper manner its material obligations under this Agreement, or if the CONSULTANT shall violate any of the material covenants, agreements or stipulations of this Agreement, CONSULTANT will be given the opportunity to commence correction of obligation within 5 business days of written notice and diligently complete the correction thereafter. Failure to maintain the scheduled level of effort as proposed and prescribed, or deviation from the aforesaid schedule without prior approval of the CITY, shall constitute cause for termination. The CITY shall thereupon have the right to terminate this Agreement by giving written notice to the CONSULTANT of such termination, and specifying the effective date thereof, at least five (5) business days before the effective date of such termination. In such event, all finished or unfinished documents, maps, data, studies, work papers and reports prepared by the CONSULTANT under this Agreement shall become the property of the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents, as mutually agreed by the CITY and CONSULTANT. 10. TERMINATION FOR CONVENIENCE OF THE CITY The CITY may terminate this Agreement in part or in whole upon prior written notice to the CONSULTANT. The CONSULTANT shall be paid for any satisfactory work performed under this Agreement up to the time of termination. 11. COORDINATION AND COOPERATION WITH OTHER UTILITIES AND CONSULTANTS CITY and CONSULTANT shall thoroughly research all utility records to identify the existing facilities on the submitted roadway plans for avoidance, or resolution, of conflicts with the proposed Scope of Services. If the CITY undertakes or awards other contracts for additional related work, the CONSULTANT shall fully cooperate with such other CONSULTANTs and the CITY employees or appointed committee(s), and coordinate its own work as be directed by the CITY. The CONSULTANT shall not commit or permit any act which will interfere with the performance of work by any other consultant . 12. COVENANT AGAINST CONTINGENT FEES The CONSULTANT warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business and that the CONSULTANT has not received any non-CITY fee related to this Agreement without the prior written consent of the CITY. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability or at its discretion to deduct from the Agreement Price of consideration the full amount of such commission, percentage, brokerage or contingent fee. 10 OF 28 REVISION DATE: June 2011 13. RESPONSIBILITY FOR CLAIMS AND LIABILITY The CONSULTANT shall be responsible for any and all damages to properties or persons to the extent caused by its employees or subcontractors, and shall hold harmless the CITY, its officers and employees from all suits, claims, actions or damages of any nature whatsoever to the extent found to be resulting from the CONSULTANT or its subcontractors, 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. This provision shall be construed pursuant to O.C.G.A. § 13-8-2, as amended. 14. INSURANCE The CONSULTANT shall, at all times that this Agreement is in effect, cause to be maintained in force and effect an Errors and Omission insurance policy(s) which provides coverage for any negligent error, act, or omission of the CONSULTANT in performance of the work during the term of this Agreement. The CONSULTANT shall provide, at all times that this agreement is in effect, Worker's Compensation insurance in accordance with the laws of the State of Georgia. The CONSULTANT shall provide, at all times that this Agreement is in effect, Insurance with limits of not less than: A. Workmen’s Compensation Insurance – in accordance with the laws of the State of Georgia. B. General Liability Insurance – in an amount of not less that One Million ($1,000,000) Dollars for injuries, including those resulting in death to any one person, and in an amount of not less than One Million ($1,000,000) Dollars on account of any one occurrence. C. Property Damage Insurance – in an amount of not less than One Million ($1,000,000) Dollars from damages on account of an occurrence, with an aggregate limit of One Million ($1,000,000) Dollars. D. Valuable Papers Insurance – in an amount sufficient to assure the restoration of any plans, drawings, field notes, or other similar data relating to the work covered by the Project. E. Professional Liability Insurance – in an amount of not less than One Million ($1,000,000) Dollars or an amount that equals the aggregate fee of Consultant’s scope on the Project should it exceed $1,000,000. CITY will be named as an additional insured with respect to CONSULTANT coverages identified in items (b) and (c). The policies shall be written by a responsible company(s), to be approved by the CITY, and shall be noncancellable except on thirty-(30) days' written notice to the CITY. Such policies shall name the CITY as an additional insured, except for worker's compensation and professional liability policies, and CONSULTANT shall provide the CITY a certificate of insurance to be filed with the Director at the time of the execution of this Agreement. 11 OF 28 REVISION DATE: June 2011 15. PROHIBITED INTERESTS 15.1 Conflict of Interest: The CONSULTANT agrees that it presently has no interest and shall acquire no interest, direct or indirect, that would conflict in any manner or degree with the performance of its services hereunder. The CONSULTANT further agrees that, in the performance of the Agreement, no person having such interest shall be employed. 15.2 Interest of Public Officials: No member, officer, or employee of the CITY during his tenure or for one year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. 15.3 Employment of CITY’s Personnel: The CONSULTANT shall not employ any person or persons in the employ of the CITY for any work required by the terms of the Agreement, without the written permission of the CITY except as may otherwise be provided for herein. 16. SUBCONTRACTING The CONSULTANT shall not subcontract any part of the work covered by this Agreement or permit subcontracted work to be further subcontracted without the CITY's prior written approval of the subcontractor. All subcontracts in the amount of $5,000 or more shall include, where possible, the provisions set forth in this Agreement. 17. ASSIGNABILITY The CONSULTANT shall not assign or transfer whether by an assignment or novation, any of its rights, obligations, benefits, liabilities or other interest under this Agreement without the written consent of the CITY. 18. EQUAL EMPLOYMENT OPPORTUNITY During the performance of this Agreement, the CONSULTANT agrees as follows: (1) the CONSULTANT will not discriminate against any employee or applicant for employment because of race, creed, color, sex or national origin; (2) the CONSULTANT will, in all solicitations or advertisements for employees placed by qualified applicants, receive consideration for employment without regard to race, creed, color, sex or national origin; (3) the CONSULTANT will cause the foregoing provisions to be inserted in all subcontracts for any work covered by the Agreement so that such provision will be binding upon each subcontractor, provided that the foregoing provision shall not apply to contracts or subcontracts for standard commercial supplies of raw materials. 19. DRUG FREE WORK PLACE CONSULTANT shall be responsible for insuring that its employees shall not be involved in any manner with the unlawful manufacture, distribution, dispensation, possession, sale or use of a controlled substance in the workplace. For purposes of the policy, “workplace” is defined as CITY 12 OF 28 REVISION DATE: June 2011 owned or leased property, vehicles, and project or client site. Any violation of the prohibitions may result in discipline and/or immediate discharge. CONSULTANT shall notify the appropriate federal agencies of an employee who has a criminal drug statute conviction for workplace violation. CONSULTANT may require drug or alcohol testing of employees when contractually or legally obligated, or when good business practices would dictate. 20. ANTI-KICKBACK CLAUSE Salaries of architects, drafters, engineer’s, and technicians performing work under this Agreement shall be paid unconditionally and not less often than once a month without deduction or rebate on any account except only such payroll deductions as are mandatory by law. The CONSULTANT hereby promises to comply with all applicable "Anti-kickback" laws, and shall insert appropriate provisions in all subcontracts covering work under this Agreement. 21. AUDITS AND INSPECTORS At any time during normal business hours and as often as the CITY may deem necessary, the CONSULTANT shall make available to the CITY and/or audit representatives of the CITY for examination all of its records with respect to all matters covered by this Agreement. It shall also permit the CITY and/or representatives of the audit, examine and make copies, excerpts or transcripts from such records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. The CONSULTANT shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred on the Project and used in support of its proposal and shall make such material available at all reasonable times during the period of the Agreement, and for three years from the date of final payment under the Agreement, for inspection by the CITY or any reviewing agencies, and copies thereof shall be furnished upon request at cost plus 10%. The CONSULTANT agrees that the provisions of this Article shall be included in any Agreements it may make with any subcontractor, assignee, or transferee. 22. OWNERSHIP, PUBLICATION, REPRODUCTION AND USE All documents and materials prepared as an instrument of service pursuant to this Agreement are the property of the CITY. The CITY shall have the unrestricted authority to publish, disclose, distribute, and otherwise use, in whole or in part, any reports, data, maps, or other materials prepared under this Agreement without according credit of authorship. The CITY shall hold harmless the CONSULTANT against all claims arising out of such use of documents and materials without the CONSULTANT’s knowledge and written consent. 23. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of the CITY, either before, during, or after the execution of this Agreement, shall affect or modify any of the terms or obligations 13 OF 28 REVISION DATE: June 2011 herein contained, nor shall such verbal agreement or conversation entitle the CONSULTANT to any additional payment whatsoever under the terms for this Agreement. All changes to this Agreement shall be in writing and appended hereto as prescribed in Article 3 above. 24. INDEPENDENT CONTRACTOR The CONSULTANT shall perform the services under this Agreement as an independent contractor and nothing contained herein shall be construed to be inconsistent with this relationship or status. Nothing in this Agreement shall be interpreted or construed to constitute the CONSULTANT or any of its agents or employees to be the agent, employee, or representative of the CITY. 25. NOTICES All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. Notices shall be addressed as follows: CITY: CONSULTANT: ADMINISTRATOR AUGUSTA, GEORGIA 535 Telfair Street Suit 910 Augusta, GA 30911 Copy to: DIRECTOR AUGUSTA UTILITIES DEPARTMENT 452 Walker Street; Suite 200 Augusta, GA 30901 Notice shall be effective upon receipt by the above-designated individuals. 26. TEMPORARY SUSPENSION OR DELAY OF PERFORMANCE OF CONTRACT To the extent that it does not alter the scope of this Agreement, CITY may unilaterally order a temporary stopping of the work, or delaying of the work to be performed by CONSULTANT under this Agreement. 27. DEFECTIVE PRICING To the extent that the pricing provided by CONSULTANT is erroneous and defective, the parties may, by agreement, correct pricing errors to reflect the intent of the parties. 28. SPECIFIED EXCUSES FOR DELAY OR NON-PERFORMANCE CONSULTANT is not responsible for delay in performance caused by severe weather, hurricanes, tornadoes, floods, and other severe and/or unexpected acts of nature. In any such event, the contract price and schedule shall be equitably adjusted. 14 OF 28 REVISION DATE: June 2011 29. HOLD HARMLESS Except as otherwise provided in this agreement, CONSULTANT shall indemnify and hold harmless Augusta, GA, and its employees from and against all liabilities, claims, suits, demands, damages, losses, and expenses, including reasonable attorneys’ fees, to the extent caused by the negligent performance of its Work. This provision shall be construed consistent with O.C.G.A. § 13-8-2, as amended. 30. GEORGIA PROMPT PAY ACT NOT APPLICABLE The terms of this Agreement supersede any and all provisions of the Georgia Prompt Pay Act. 31. RIGHT TO INSPECT PREMISES CITY may, at reasonable times and reasonable notice, inspect the part of the plant, place of business, or work site of CONSULTANT or any subcontractor of CONSULTANT which is pertinent to the performance of this Agreement. 32. E-VERIFY All contractors and subcontractors entering into contracts with Augusta, Georgia for the physical performance of services shall be required to execute an Affidavit verifying its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with Augusta, Georgia has registered with and is participating in a federal work authorization program. All contractors and subcontractors must provide their E-Verify number and must be in compliance with the electronic verification of work authorized programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13- 10-91 and shall continue to use the federal authorization program throughout the contract term. All contractors shall further agree that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to its contract with Augusta, Georgia the contractor will secure from such subcontractor(s) each subcontractor’s E-Verify number as evidence of verification of compliance with O.C.G.A. § 13-10-91 on the subcontractor affidavit provided in Rule 300-10-01-.08 or a substantially similar form. All contractors shall further agree to maintain records of such compliance and provide a copy of each such verification to Augusta, Georgia at the time the subcontractor(s) is retained to perform such physical services. 33. LOCAL SMALL BUSINESS LANGUAGE In accordance with Chapter 10B of the AUGUSTA, GA. CODE, Contractor expressly agrees to collect and maintain all records necessary to for Augusta, Georgia to evaluate the effectiveness of its Local Small Business Opportunity Program and to make such records available to Augusta, Georgia. The requirements of the Local Small Business Opportunity Program can be found at www.augustaga.gov. In accordance with AUGUSTA, GA. CODE § 1-10-129(d)(7), for all contracts where a local small business goal has been established, the contractor is required to provide local small business utilization reports. Contractor shall report to Augusta, Georgia the total dollars paid to each local small business on each contract, and shall provide such payment affidavits, regarding payment to 15 OF 28 REVISION DATE: June 2011 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. 34. ACKNOWLEDGEMENT “Consultant acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Board of Commissioners and approval of the Mayor. Under Georgia law, Consultant is deemed to possess knowledge concerning Augusta, Georgia's ability to assume contractual obligations and the consequences of Consultant's provision of goods or services to Augusta, Georgia under an unauthorized contract, amendment, modification, change order or other similar document, includes the possibility that the Consultant may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Consultant agrees that if it provides goods or services to Augusta, Georgia under this Agreement that has not received proper legislative authorization or if the Consultant provides goods or services to Augusta, Georgia in excess of the any contractually authorized goods or services, as required by Augusta, Georgia's Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods or services provided by Consultant. Consultant assumes all risk of non-payment for the provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized, including, without limitation, all remedies at law or equity." This acknowledgement shall be a mandatory provision in all Augusta, Georgia contracts for goods and services, except revenue producing contracts. [SIGNATURES ON FOLLOWING PAGE] 16 OF 28 REVISION DATE: June 2011 IN WITNESS WHEREOF, said parties have hereunto set their seals the day and year written below: CITY: CONSULTANT: AUGUSTA, GEORGIA (CITY) BY: BY: PRINTED NAME: Hardie Davis, Jr. PRINTED NAME AS ITS: MAYOR AS ITS:: Principal ATTEST CLERK: ATTEST: PRINTED NAME: PRINTED NAME AS ITS: Clerk of Commission AS ITS:: Principal DATE: DATE: Copy To: DIRECTOR AUGUSTA UTILITIES DEPARTMENT 452 Walker Street, Suite 200 Augusta, GA 30901 17 OF 28 REVISION DATE: June 2006 CONSULTANT’S RESPONSIBILITIES CONSULTANT , in order to determine the requirements of the Project, shall review the information in Attachment A – Scope of Services. CONSULTANT shall review its understanding of the Project requirements with CITY and shall advise CITY of additional data or services which are not a part of CONSULTANT’s services, if any, necessary for design to begin. PROJECT UNDERSTANDING Upon request from the CONSULTANT, CITY shall provide all criteria and full information as to CITY's and CONSULTANT'S requirements for this part of the project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expendability, and any budgetary limitations. CITY shall furnish all data, reports, surveys, and other materials that may be relied upon in performing CONSULTANT'S services. REVIEW OF WORK Authorized representatives of the CITY may at all reasonable times review and inspect the project activities and data collected under the Agreement and amendments thereto. All reports, drawings, studies, specifications, estimates, maps and computation prepared by or for the CITY pursuant to this Agreement shall be subject to review. The CITY may at any time request progress reports, prints or copies of any work performed under this Agreement. Refusal by the CONSULTANT to submit contractually required progress reports and/or plans shall be cause to withhold payment to the CONSULTANT until the CONSULTANT complies with the CITY’s request in the regard. The CITY’s review recommendations shall be incorporated into the plans by the CONSULTANT. CONSULTANT'S INSURANCE CONSULTANT will maintain throughout this AGREEMENT the following insurance limits as specified in General Condition 14 – Insurance. 18 OF 28 REVISION DATE: June 2011 CITY’S RESPONSIBILITES CITY-FURNISHED DATA CITY will provide to CONSULTANT all data in CITY's possession relating to CONSULTANT's services on the PROJECT. CONSULTANT will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by CITY. RIGHT TO ENTER The CITY will notify all property owners or occupants of the CONSULTANT’s intent to enter properties for the purpose of accomplishing work in accordance with the practices of the CITY. The CONSULTANT shall discuss with and receive approval from the CITY prior to sending notices of intent to enter private property. Upon request by the CONSULTANT, the CITY will provide the necessary documents identifying the CONSULTANT as having a need to enter the properties for the purpose described in the Agreement. ADVERTISEMENTS, PERMITS, AND ACCESS CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights-of-way, and access necessary for CONSULTANT's services or PROJECT construction. TIMELY REVIEW CITY will examine CONSULTANT's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as CITY deems appropriate; and CITY shall render writing decisions in a timely manner. PROMPT NOTICE CITY will give prompt written notice to CONSULTANT whenever CITY observes or becomes aware of any development that may affect the scope or timing of CONSULTANT's Services, or of any defect in the work of CONSULTANT or construction contractors. CITY'S INSURANCE CITY will maintain property insurance on all pre-existing physical facilities associated in any way with the PROJECT. LITIGATION ASSISTANCE The Scope of Services does not include costs of CONSULTANT for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by CITY. All such Services required or requested of CONSULTANT by CITY, except for suits or claims between the parties to this AGREEMENT, will be reimbursed as additional services. 19 OF 28 REVISION DATE: June 2011 ATTACHMENT A – SCOPE OF SERVICES This project will develop the CITY’s wastewater collection system model. This is the first step in providing the necessary information to guide future decisions and capital improvements budgeting to manage wastewater collection system infrastructure. This scope of services consists of the following major tasks: Task 1 – Project Management Task 2 – Hydraulic Model Development Task 3 – Hydraulic Model Calibration and Implementation Task 4 – Training and Quality Control Task 1 - Project Management Project management will include regular updates and communication with the CITY’s project manager and key staff, as well as implementing quality, scope, schedule, and budget control. 1.1 Project Kickoff At the project onset, CONSULTANT will conduct a kickoff meeting with CITY staff to clearly define the goals, objectives, and priorities to help focus the work effort to be accomplished in this project. The meeting will identify the primary objectives of the CITY’s collection system modeling so that the methodology developed under subsequent tasks may be tailored to achieve those objectives. Data collection and requirements will also be discussed, as well as appropriate planning and design criteria for the various aspects of this study. 1.2 Data Collection and Planning Flow monitoring data is critical to calibrate the model and predict the response of the collection system to various storm events. Early in the project, CONSULTANT will review data from the existing permanent flow meters and any previously collected temporary flow monitoring data, along with available rainfall data. Recommendations for utilizing rainfall data that corresponds with the existing flow data will be provided. CONSULTANT will review the sources of available information for hydraulic model development (e.g., GIS, as-builts, pump station data, and interviews with staff regarding system operations) and develop a plan for the model construction. Recommendations will be provided for filling in data gaps of necessary information, such as manhole rim and invert survey or pump draw-down testing. 1.3 Workshops CONSULTANT will conduct workshops with CITY staff at key points in the project, including, hydraulic model development (Task 2), hydraulic model calibration and implementation (Task 3), 20 OF 28 REVISION DATE: June 2011 and training (Task 4) to get staff and operator buy-in and confirm critical success factors are being met for the project. 1.4 Software Selection Based on needs discussed at the kickoff meeting, CONSULTANT will discuss the pros and cons of up to three software packages and recommend a software package to use for the CITY’s hydraulic model. Task 2 - Hydraulic Model Development 2.1 Physical Model Development CONSULTANT will create a dynamic hydraulic model of the CITY’s sanitary sewer system, focusing on the largest infrastructure. The model will include gravity sewer 12-inches in diameter and larger and associated pump stations and force mains. The physical model setup will be based on the current GIS data to be imported into the selected model software and supplemented with as-built drawings where necessary. Gravity pipes, manholes, pump stations, force mains, control structures, and boundary conditions will be defined in the model. Roughness coefficients will be assigned based on pipe age and material, and will be adjusted as necessary through calibration. CONSULTANT will review the hydraulic model with the CITY and will provide recommendations on how to fill in any data gaps. Dry- and wet-weather wastewater flows developed through analysis of flow monitoring data and application of the hydrologic model will be loaded into the physical model at appropriate load points. 2.2 Flow Monitoring Data Analysis and Hydrologic Model CONSULTANT will analyze wastewater flow meter data for up to 12 meters, as provided by the CITY. Flow meter data will be decomposed into base flow, groundwater infiltration, and rainfall dependent infiltration and inflow (RDI/I) components for up to three (3) storm events. This decomposition will reveal the relative RDI/I of the metered areas. CONSULTANT will develop a hydrologic model using a unit hydrograph approach (RTK approach). RDI/I hydrographs will be developed that are calibrated to actual flow monitoring data and used to project the system response from design storm events. The EPA SO Analysis Package (SSOAP) will be used to develop the hydrologic model using the RTK approach. Task 3 - Hydraulic Model Calibration and Implementation 3.1 Hydraulic Model Calibration Sewer flow rates, depths, and rain data will be the principal sources of data for calibrating the model and will be supplemented with field observations that will include any documented SSOs, surcharge watermarks observed from the manhole inspections, documented street and yard flooding, CCTV findings of sediment or blockages in the sewers, and other information that can be provided by the CITY. CONSULTANT will calibrate the hydraulic model for both dry- and wet-weather conditions. Initially, flows will be loaded to the hydraulic models to simulate diurnal flow patterns observed 21 OF 28 REVISION DATE: June 2011 in the flow monitoring data for periods not influenced by rainfall events. Next, an actual storm event will be input into the model, and the results obtained are compared to the actual monitored data for that storm. Adjustments to the calibration will be made, as needed, to obtain an acceptable match. CONSULTANT will review the calibration results with CITY personnel to assess if there is any historical knowledge that may corroborate the model predictions. 3.2 Model Implementation for Initial Capacity Analysis CONSULTANT will use the calibrated model to evaluate the hydraulics of the existing collection system for both dry- and wet-weather and will identify any concerns. CONSULTANT will use a determined design storm event and the resulting hydrographs input at each load point on the hydraulic model for the wet weather analysis. Capacity metrics will be determined based on discussions with CITY staff and results of the capacity analysis in comparison to the metrics will be presented graphically for the modeled system. CONSULTANT will meet with the CITY and report the initial findings from the evaluation of the performance and capacity of the existing sewer system. Results from the initial capacity analysis can help inform where the next phases of implementation should be focused. 3.3 Report CONSULTANT will present the findings of Tasks 1 through 3 in a draft report. The report will summarize the data collection, evaluations, calibration, capacity analysis, and recommendations. CONSULTANT will provide an electronic copy and five hard copies of the draft report to the CITY for review. CONSULTANT will address CITY comments and submit a final report. CONSULTANT will provide an electronic copy and five hard copies of the final report. Task 4 - Training and Quality Control 4.1 Model Training CONSULTANT will present the fundamentals of the software interface and collection system modeling during the model development and calibration workshop with key CITY staff. A one- day training session for staff will discuss software capabilities, development of project models, and demonstrate how models inform engineering decisions. CONSULTANT will focus this training session on the questions and concerns from staff throughout the project and on CITY staff’s anticipated future use of the model. CONSULTANT will be available for follow-up assistance as the CITY begins to work directly with the model and questions arise. An allowance of 24 hours has been included in the Agreement for model follow-up assistance. 4.2 QA/QC CONSULTANT will perform quality assurance/quality control activities including manage budget and schedule, conduct quality management and technical reviews, and provide written progress reports to be submitted with monthly invoices. 22 OF 28 REVISION DATE: June 2011 Assumptions and Exclusions The scope of work and fee has been developed with the following assumptions and exclusions: 1. The project will be executed over an estimated 10-month period of time. 2. 5 workshop meetings, including the kickoff meeting, are assumed. 3. 1 day of onsite training for City staff is included. 4. It is assumed that the City will provide the flow meter/monitor data and that up to 12 flow monitors will be analyzed. 5. It is assumed that the hydrologic model will be developed for up to 3 storm events. 6. It is assumed that the City will provide current, accurate GIS information for the collection system gravity sewer network, including pipe inverts and diameters, manhole rim elevations, pump stations (including curves, run times, wet well size, etc.), and forcemain diameters and locations. 7. It is assumed that only priority pump stations will be modeled – those with forcemains 12- inch and larger. 8. It is assumed the City will provide rainfall/rain gauge data and that this will be available for 3 storm events. It is assumed that purchase of doppler/radar rainfall data will not be required. 9. Flow projections for future population or service area growth are not included. 23 OF 28 REVISION DATE: June 2011 ATTACHMENT B - COMPENSATION The CITY shall compensate the CONSULTANT for services, which have been authorized by the CITY under the terms of this Agreement. The CONSULTANT may submit to the CITY a monthly invoice, in a form acceptable to the CITY and accompanied by all support documentation requested by the CITY, for payment for the services, which were completed during the billing period. The CITY shall review for approval said invoices. The CITY shall have the right to reject payment of any invoice or part thereof if not properly supported, or if the costs requested or a part thereof, as determined solely by the CITY, are unreasonably in excess of the actual phase of completion of each phase. The CITY shall pay each such invoice or portion thereof as approved, provided that the approval or payment of any such invoice shall not considered to be evidence of performance by the CONSULTANT to the point indicted by such invoice, or of receipt of acceptance by the CITY of the service covered by such invoice. The CITY shall pay any undisputed items contained in such invoices. Each invoice shall be accompanied by a letter progress report describing the total work accomplished for each phase and any problems, which have been encountered, which may inhibit execution of the work. The CONSULTANT shall also submit an accurate updated schedule, and an itemized description of the percentage of total work completed for each phase during the billing period. When the CITY authorizes the CONSULTANT to proceed with the work authorized in a Task Order, it agrees to pay the CONSULTANT for work completed, on the basis of the standard billing rates shown in Attachment B to the Contract of those principals and employees engaged directly on the work. Compensation for design services shall be invoices based on the sum of all actual costs incurred in the performance of the work, including all direct, payroll, overall and profit cost in an amount not- to-exceed the compensation set forth in the terms of the Agreement or any authorized Task Order. All invoices submitted by the CONSULTANT shall be detailed to reflect incurred expenses, labor hours and costs by authorized Task. Overtime may be performed at the discretion of the CONSULTANT, but the premium time portion of the overtime will not be billed to the CITY unless the CONSULTANT has requested acceleration of the scheduled work in writing. OWNER will compensate CONSULTANT for Tasks 1 through 4 listed in Attachment A Scope of Services for a not-to-exceed total of $329,200 based on the tables below. The task totals shown below are for reference and not considered to be upper limits by task. 24 OF 28 REVISION DATE: June 2011 Table 1. Fee Proposal Table 2. Billing Rates Labor Category Billing Rate ($/hr) Officer/Technical Review $250 Project Manager $180 Senior Professional $245 Professional III $140 Professional II $120 Professional I $100 GIS Technician $110 Support Staff $135 Administrative Staff $90 25 OF 28 REVISION DATE: June 2011 ATTACHMENT C – LISTING OF KEY PERSONNEL CONSULTANT shall provide qualified personnel to perform its work. The list of Key Personnel below, including a designated Program Manager will not change or be reassigned without the written approval of the CITY. Those Key Personnel committed for this work are as follows: Lee Smith – Program Manager Sheri Smith – Contract Manager Debra James – Client Service Leader Chris Nesbit – Technical Advisor Anna West – Hydraulic Modeler 26 OF 28 REVISION DATE: June 2011 ATTACHMENT D – SCHEDULE FOR PERFORMANCE It is anticipated that this project will take approximately 10 months to complete after receipt of the written Notice to Proceed (NTP) in accordance with the schedule included below. This schedule assumes the CITY will provide necessary data in a timely manner and will provide review comments on draft deliverables within two weeks. MONTHS FROM NTP 1 2 3 4 5 6 7 8 9 10 Task 1 – Project Management Workshop - Kickoff Meeting * Data Collection & Planning Interviews with Augusta Staff Regarding Pump Station Operation Project Management Tasks Task 2 – Hydraulic Model Development Analyze Flow Monitor Data from 12 Permanent Meters Build Hydraulic Model Flow Monitoring & Model Development Workshop * Task 3 – Hydraulic Model Calibration & Implementation Model Calibration (Dry-& Wet-Weather) Calibration and Design Storm Selection Workshop * Run Preliminary Capacity Analysis & Develop Maps Capacity Analysis Workshop * Draft Report * AUD Review Draft Report & Provide Comments Final Report * Task 4 – Training & QA/QC Training Workshop & Follow-up * QA/QC * Workshop/ Deliverable 27 OF 28 REVISION DATE: June 2011 CONSULTANT SERVICES As a part of this Agreement the CONSULTANT agrees to furnish the following checked items (CONSULTANT to initial in the space provided acknowledging responsibility to furnish said item). Prior to Authorization To Proceed: Detailed Scope of Services based upon Schedule A of this Agreement to be submitted with Cost Proposal clearly defining the CONSULTANT’S understanding of the project limits, design objectives and CONSULTANT’S services to be provided. AUGUSTA UTILITIES DEPARTMENT CONSULTANT BY: BY: PRINTED NAME: PRINTED NAME: TITLE: DIRECTOR TITLE: Principal DATE: DATE: 28 OF 28 REVISION DATE: June 2006 ADDITIONAL SERVICES: 1. Revisions to the plans/contract documents to extend the limits of the project after this AGREEMENT has been executed by the CITY. 2. Revisions due to incorrect locations of existing utilities by the CONSULTANT (i.e., correct location given by CITY, incorrectly marked on plans by engineer) will be the responsibility of the CONSULTANT. Other revisions required by the CITY, DOT, EPD, or other government agency at their request will be considered an additional service. 3. Out-of-town meetings or conferences required of the CONSULTANT by the CITY. 4. Other not described above, as approved by the CITY. Request for Proposal Request for Proposals will be received at this office until Thursday, March 26, 2019 @ 11:00 a.m. for furnishing: RFP Item #19-188 Professional Services for the Development of a Sanitary Sewer Hydraulic Model for Augusta, GA – Utilities Department 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 RFP documents may be viewed on the Augusta Georgia web site under the Procurement Department ARCbid. RFP documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. 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 12, 2019 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. No RFP may be withdrawn for a period of ninety (90) days after bids have been opened, pending the execution of contract with the successful bidder(s). Request for proposals (RFP) and specifications. An RFP shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the request for proposal including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not 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 RFP number on the outside of the envelope. Proponents are cautioned that acquisition of RFP documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RFP documents from unauthorized sources places the proponent at the risk of receiving incomplete or inaccurate information upon which to base 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 No RFP will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Sent to Pre-Qualified Vendors RFQ 19-132: Thursday, February 28, 2018 Sent to Vendors: February 5, 2019 OFFICIAL VENDORS Attachment "B"E-Verify #Addendums 1-2 SAVE Form Original 7 Copies Fee Proposal Jacobs Engineering Group, Inc. 10 Tenth Street NW, Suite 1400 Atlanta, GA 30309 Yes 11557 Yes Yes Yes Yes Yes Constantine Engineering, Inc. 608 Broad Street, Suite 2B Augusta, GA 30904 Yes 104087 Yes Yes Yes Yes Yes CDM Smith, Inc. 3200 Windy Hill Rd., SE Suite 210 West Atlanta, GA 30339 Yes 1363709 Yes Yes Yes Yes Yes Total Number Specifications Mailed Out: 3 Total Number Specifications Download (Demandstar): NA Total Electronic Notifications (Demandstar): NA Georgia Procurement Registry: NA Mandatory Pre-Proposal/Telephone Conference Attendees: NA Total packages submitted: 3 Total Noncompliant: 0 RFP Opening RFP Item #19-188 Professional Services for the Development of a Sanitary Sewer Hydraulic Model for Augusta, GA Utilities Department RFP Date: Thursday, April 18, 2019 @ 11:00 a.m. Page 1 of 1 Jacobs Engineering Group, Inc. 10 Tenth Street NW, Suite 1400 Atlanta, GA 30309 Constantine Engineering, Inc. 608 Broad Street, Suite 2B Augusta, GA 30904 CDM Smith, Inc. 3200 Windy Hill Rd., SE Suite 210 West Atlanta, GA 30339 Jacobs Engineering Group, Inc. 10 Tenth Street NW, Suite 1400 Atlanta, GA 30309 Constantine Engineering, Inc. 608 Broad Street, Suite 2B Augusta, GA 30904 CDM Smith, Inc. 3200 Windy Hill Rd., SE Suite 210 West Atlanta, GA 30339 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 2. Qualifications & Experience (0-5)20 5 2.5 5 100 50 100 3. Organization & Approach (0-5)15 4 1.5 5 60 22.5 75 4. Scope of Services 1. Project Management 2. Software Selection 3. Hydraulic Model Development 4. Hydraulic Model Calibration and Implementation 5. Training and Quality Control (0-5)15 4 2.5 5 60 37.5 75 5. Schedule of Work (0-5)10 3 1 5 30 10 50 6. References (0-5)5 5 5 5 25 25 25 Within Richmond County 5 10 5 0 50 0 Within CSRA 5 6 0 0 0 Within Georgia 5 4 5 5 20 0 20 Within SE United States (includes AL, TN, NC, SC, FL) 5 2 0 0 0 All Others 5 1 0 0 0 26 17.5 30 295 195 345 8. Presentation by Team (0-5)10 0 0 0 9 Q&A Response to Panel Questions (0-5)5 0 0 0 Lowest Fees 5 10 5 50 0 0 Second 5 6 5 0 0 30 Third 5 4 0 0 0 Forth 5 2 0 0 0 Fifth 5 1 0 0 0 Total Phase 2 - (Total Maximum Ranking 15 - Maximum Weighted Total Possible 125) 5 0 5 50 0 30 31 17.5 35 345 195 375 Procurement DepartmentRepresentative:_________________Nancy Williams___________________________ Procurement Department Completion Date: 6/6/19 Phase 2 (Option - Numbers 8-9) (Vendors May Not Receive Less Than a 3 Ranking in Any Category to be Considered for Award) Internal Use Only Total Cumulative Score (Maximum point is 500) Evaluator: Cumulative Date: 6/6/19 10. Cost/Fee Proposal Consideration (only choose 1 line according to dollar value of the proposal in relation to all fee proposals - enter the point value for the one line only) Total (Total Possible Score 500) Total (May not Receive Less Than a 3 Ranking in Any Category to be Considered for Award) Vendors Phase 1 Total - (Total Maximum Ranking 30 - Maximum Weighted Total Possible 375) Phase 1 RFP Item #19-188 Professional Services for the Development of a Sanitary Sewer Hydraulic Model for Augusta, GA Utilities Department Evaluation Meeting: Monday, June 3, 2019 @ 2:00 p.m. Scale 0 (Low) to 5 (High) Ranking of 0-5 (Enter a number value between 0 and 5)Weighted Scores 7. Proximity to Area (only choose 1 line according to location of the company - enter the ranking value for the one line only) CDM Smith, Inc. Attn: Debra James 3200 Windy Hill Road, Suite 210 W Atlanta, GA 30339 Constantine Engineering, Inc. 1988 Lewis Turner Blvd. Fort Walton Beach, FL 32547 Jacobs Engineering Group, Inc. 10 10th Street NW, Suite 1400 Atlanta, GA 30309 Constantine Engineering, Inc. Attn: Wes Byne/Jim Kizer 1571 Broad Street, Suite C Augusta, GA 30901 RETURNED MAIL PHYLLIS JOHNSON COMPLIANCE DEPARTMENT TOM WIEDMEIER AUGUSTA UTILITIES DEPARTMENT MARIE CORBIN AUGUSTA UTILITIES DEPARTMENT RFP Item #19-188 A Professional Services for the Development of a Sanitary Sewer Hydraulic Model for Utilities Department Mailed 02/28/19 RFP Item #19-188 A Professional Services for the Development of a Sanitary Sewer Hydraulic Model for Utilities Department RFPDue: Thu 3/28/19 @ 11:00A.M. Engineering Services Committee Meeting 10/29/2019 1:10 PM Professional Services for the Development of a Sanitary Sewer Model for Augusta Utilities Department Department:Utilities Presenter:Tom Wiedmeier Caption:Motion to award RFQ #19-188, Professional Services for the Development of a Sanitary Sewer Model to CDM Smith, Inc. in the amount of $329,200. Background:Augusta Utilities Department (AUD) currently owns and oversees operation of 1 wastewater treatment plant, approximately 92 sanitary sewer lift stations, 1,000 +/- miles of gravity sanitary sewer lines with a diameter 8” inches and greater, 60 +/-miles of sanitary sewer force mains and 23,799 +/- sanitary sewer manholes. A Sanitary Sewer Model will provide AUD with a tool to plan for capital improvements and future development as well as diagnose problems within the system. Analysis:AUD solicited proposals for firms to provide professional services to develop a Sanitary Sewer Model. We sought firms with specific expertise preforming similar work for wastewater systems of similar size. CDM Smith, Inc. was deemed the highest qualified firm of the three submitters and negotiations of the fee proposal were facilitated by the procurement department. Financial Impact:We have reviewed the proposal from CDM Smith, Inc. and find it to be reasonable. Funding in the amount of $329,200 is available from accounts: G/L 507043490-5212999 - J/L 81900100-5212999. Alternatives:The Commission could elect to not proceed with this project. Recommendation:We recommend that the agreement with CDM Smith, Inc. be approved. Funds are Available in the Funds are available in the following accounts: G/L 507043490- 5212999 - J/L 81900100-5212999 Following Accounts: REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Engineering Services Committee Meeting 10/29/2019 1:10 PM Recapture SPLOST Funds Department: Presenter:Commissioner Marion Williams Caption:Discuss the use of recaptured SPLOST Funds for paving of roads. (Requested by Commissioner Marion Williams) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Augusta-Richmond County, Georgia BE IT ORDAINED by the Commission-Council of Augusta-Richmond County, Georgia that the following Capital Project Budget is hereby authorized: Section 1: The project is authorized to award Construction Contract to Blair Construction in the amount of $1,858,907.00 for Skyview Drainage Improvements Design-build Construction Services as requested by AED. Funding is available Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. SPLOST VII Grading & Drainage (Stormwater).1,858,910$ 1,858,910$ Section 3: Copies of this Capital Project Budget shall be made available to the Comptroller for direction in carrying out this project. Adopted this ____________________ day of ______________________. Approved _________________________________________________ Original-Commission Council Office Copy-Engineering Department Copy-Finance Department Copy-Procurement Department CPB AMOUNT Honorable Hardie Davis, Jr., Mayor in the SPLOST VII Grading & Drainage (Stormwater). CPB#N/A CAPITAL PROJECT BUDGET Skyview Drainage Improvements 1 of 2 09.26.2019 Augusta-Richmond County, Georgia CPB#N/A CAPITAL PROJECT BUDGET Skyview Drainage Improvements SOURCE OF FUNDS CPB SPLOST VII Grading & Drainage (Stormwater).($1,858,910) TOTAL SOURCES: ($1,858,910) USE OF FUNDS SPLOST VII Grading & Drainage (Stormwater).$1,858,910 TOTAL USES: $1,858,910 2 of 2 09.26.2019 Request for Proposal Request for Proposals will be received at this office until Thursday, June 6, 2019 @ 3:00 p.m. for furnishing: RFP Item #19-236 Skyview Drainage Improvements Design-Build Construction Services for Augusta, GA Engineering Department RFPs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 RFP documents may be examined at the office of the Augusta, GA Procurement Department, 535 Telfair 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 $20.00. 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 Wednesday, May 15, 2019. 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. A Mandatory Pre Proposal Conference will be held on Thursday, May 23, 2019, @ 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 Friday, May 24, 2019 @ 5:00 P.M. No RFP will be accepted by fax, all must be received by mail or hand delivered. No RFP may be withdrawn for a period of 90 days after bids have been opened, pending the execution of contract with the successful bidder(s). A 10% Bid bond is required to be submitted along with the bidders’ qualifications; a 100% performance bond and payment bond will be required for award. Request for proposals (RFP) and specifications. An RFP shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the request for proposal including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not 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 RFP number on the outside of the envelope. Proponents are cautioned that acquisition of RFP documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RFP documents from unauthorized sources places the proponent at the risk of receiving incomplete or inaccurate information upon which to base 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 Sent to Pre-Qualified Vendors RFQ 19-151 - Wednesday, May 15, 2019 OFFICIAL VENDORS Attachment "B"E-Verify #SAVE Form Bid Bond Addendum 1 Original 7 Copies Fee Proposal Compliance Review 6 % Benesch/Blair Construction 1005 Broad St., Suite 200 Augusta, GA 30901 YES 224004 YES YES YES YES YES YES Yes Moreland Altobelli/ER Snell 2450 Commerce Ave., Suite 100 Duluth, GA 30096 YES 22114 YES YES YES YES YES YES Yes RFP Opening - Item #19-236 Skyview Drainage Improvements Design- Build Construction Services for Augusta, GA - Engineering Department RFP Date: Thursday, July 25, 2019 @ 3:00 p.m. Total Number Specifications Mailed Out: 4 Total Number Specifications Download (Demandstar): N/A Total Electronic Notifications (Demandstar): N/A Mandatory Pre-Proposal Conference Attendees: 4 Total packages submitted: 2 Total Noncompliant: 0 Page 1 of 1 ATTN PATRICK DILLARD BLAIR CONSTRUCTION PO BOX 770 EVANS, GA 30809 ATTN: RICK TOOLE BENESCH 1005 BROAD STREET, STE 200 AUGUSTA, GA 30901 ER SNELL CONTRACTOR P. O. BOX 306 SNELLVILLE, GA 30078 MORELAND ALTOBELLI 2450 COMMERCE AVENUE SUITE 100 DULUTH, GA 30096-8910 RFP 19-236 SKYVIEW DRAINAGE IMPROVEMENTS DESIGN BUILD CONSTRUCTION SERVICES FOR ENGINEERING DEPARTMENT MAILED 5/15/19 RFP 19-236 SKYVIEW DRAINAGE IMPROVEMENTS PROJECT DESIGN BUILD CONSTRUCTION SERVICES FOR ENGINEERING DEPARTMENT RFP DUE: THUR. 06/06/19 @ 3:00 P.M. MARQUES JACOBS ENGINEERING DEPARTMENT HAMEED MALIK ENGINEERING DEPARTMENT JUNE HAMAL ENGINEERING DEPARTMENT TREZA EDWARDS COMPLIANCE DEPARTMENT Engineering Services Committee Meeting 10/29/2019 1:10 PM Skyview Drainage Improvements Design-build Construction Services Department:Engineering Presenter: Caption:Approve award of Design-Build Construction Contract to Blair Contraction, Inc. in the amount of $1,858,907.00 for Skyview Drainage Improvements Design-build Construction Services as requested by AED. Award is contingent upon receipt of signed contracts and proper bonds. RFP 19-236 Background:Skyview Drive (Road) is a primary signalized full access roadway to industrial and commercial operation for its surrounding business including the FPL Food Processing Facility. The Road carries heavy vehicles traffic including Trucks transporting animals to FPL facility. Per traffic data, Truck traffic accounts for around 11% of daily traffic volume keeping the Road in good operational condition is critical to surrounding business operation and area economy. Drainage conveyance system along this commercial/industrial corridor is not effectively conveying surface runoff during rain events and frequently the Road experiences flooding resulting in creating not only vehicular safety hazard, but also impacting surrounding businesses operation. The Design-Build approach was utilized to design and construct site specific cost effective drainage conveyance system in a timely manner. Team (DB Team) will provide the design and construction services for drainage conveyance system operational improvements along the Skyview Drive drainage corridor. The Lead Contractor will be responsible for the overall coordination of the project. In February 2019, a request for Qualifications was released (RFQ 19-151) for qualified firms to provide constructing services for this project. Contractors were pre-qualified using Augusta Request for Qualification Procurement process. Analysis:Request for Proposal was received from pre-qualified contractors on August 26, 2019. Firms were evaluated based on qualifications, similar projects completion history, project approach, experience, and construction completion schedule. The following Design-build Teams submitted RFPs and were evaluated: 1.Blair Construction, Inc. and Alfred Benesch 3.E.R. Snell Contractor, Inc. and Moreland Altonelli Based on the evaluation procedures, Blair construction / Alfred Benesch Team was selected for this project. Financial Impact:Funds area available in Stormwater SPLOST funds. Alternatives:Do not approve and cancel the project. Recommendation:Approve award of Design-Build Construction Contract to Blair Contraction, Inc. in the amount of $1,858,907.00 for Skyview Drainage Improvements Design-build Construction Services as requested by AED. Award is contingent upon receipt of signed contracts and proper bonds. RFP 19-236. Funds are Available in the Following Accounts: FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNTS: Stormwater SPLOST Funds 329-044320- 5414110/216829903-5414110 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission EDQT Russell R. McMurry, P.E., Commissioner One Georgia Center 600 West Peachtree Street, NW Atlanta, GA 30308 (404) 631 -1000 Main OfficeGeorgio Deporlment of Tronsportolion July 8, 2019 Mr. Jarvis Sims lnterim City Administrator City of Augusta 535 Telfair Street, Suite 910 Augusta, GA 30901 RE Roundabout lighting assistan ce forsF 8S @ CR Sei*;atn"Edie Road - P,l, No. AAO991 6; Augusta- Rich mond County Dear Mr. Sims, The Department will require a signed agreement for roundabout lighting installed as part of the above referenced project. The lighting shall be administered in the form of a Local Government Lighting Project Agreement (LGLPA). lt will be the responsibility of the City to provide the Energy, Operation and Maintenance for the system. The Depaftment shall be responsible for the design and installation, including all costs of materials for the system. Attached for your review are four (4) original copies of the proposed LGLPA between the Georgia Depaftment of Transportation and Augusta-Richmond County, for Augusta-Richmond and State participation. lt is requested that a Resolution be secured from the City Council before entering into the Agreement. By virtue of the Resolution, the City can then enter into the Agreement. The Resolution/Agreement process can be done concurrently. lf you concur with the terms of this Agreement, please attach an official copy of the Resolution (including all signatures and seals) to each of the Agreements. Then, please obtain the necessary signatures and appropriate seals from the City Council on all four copies of the Agreement and return all four copies to the Office of Design Policy & Support for further handling. Please do not fill in the date on the first page of the Agreement, as the Department will complete this upon execution We will return one copy of the executed Agreement for your files. H J,r' ?o\? ,^" E tr*\ U ,';--fi;**d K*,,*g Georgio Deportment ot Tronsportotion Russell R. McMurry, P.E., Commissioner One Georgia Center 600 West Peachtree Street, NW Atlanta, GA 30308 (404) 631 -1000 Main Office lf you have any questions or need any additional assistance, please contact Robert Graham at (404) 631-1684. fu^*W FoRBrent A. Story, P.E. State Design Policy Engineer Enclosure: Local Government Lighting Project Agreement (4 copies) Don Grantham, State Transportation Board, Congressional District 12 Meg Pirkle, Chief Engineer Corbett S. Reynolds, District 2 Engineer Hiral Patel, Director of Engineering GDQT cc: Engineering Services Committee Meeting 10/29/2019 1:10 PM SR 88 @CR58/Bath Adie Road Roundabout Project Roadway Lighting Agreement Department:Engineering Presenter: Caption:Approve Roadway Lighting Agreement with the Georgia Department of Transportation in Conjunction with SR 88 @ CR58/Bath Edie Road Roundabout Project as requested by AED. Background:SR 88 is a two-lane roadway section with open drainage ditches and classified as an urban minor arterial with posted speed limit of 55 mph. CR57/Bath is a two-lane roadway and classified as urban local with posted speed limit of 45 mph, but is a minor street stop controlled at the intersection with SR 88 and Bath Edie Road. The purpose of this project is to reduce the potential for crashes at the intersection of SR 88 at Bath Edie Road. A roundabout feasibility study of the intersection was prepared in December 2016. The construction of the proposed roundabout will improve the operational efficiency and safety performance of this intersection. Project is managed and constructed by the GDOT. In addition to roadway intersection improvements, the project includes improvements to the roundabout lighting system. GDOT will construct a street lighting system provided that the local government enters into a Roadway Lighting Maintenance and Operation Agreement. Analysis:This agreement would allow inclusion of street lighting improvements in the project construction plans and allows GDOT constructing these improvements along with roadway improvements. In addition, street lighting improvements will enhance safety and aesthetic of this corridor. Financial Impact:None anticipated for construction. Annual Operating Costs will be an addition to roadway portion of streetlights. Number of Lights 6 Energy Cost per Light per month $12 Monthly energy cost $ 72 Annual Cost $864 Alternatives:1). Do not approve and project proceed without enhancing needed safety and aesthetic of this corridor. Recommendation:Approve Roadway Lighting Agreement with the Georgia Department of Transportation in Conjunction with SR 88 @ CR58/Bath Edie Road Roundabout Project as requested by AED. Funds are Available in the Following Accounts: Construction - None Operational - Fund 276 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Engineering Services Committee Meeting 10/29/2019 1:10 PM Street Light Request for Sims Landing Phase 2 Department:Engineering Presenter: Caption:Approve the installation of 43 street lights in the Sims Landing Phase 2 development with an annual cost of $13,539.60. Also approve the creation of a new lighting tax district for the 150 lots within Phase 2. Funding is available in Street Lighting budget account #2760416105312310. Background:Georgia Power Company will install 43 street lights on the streets within Phase 2. The upfront cost to install the street light system will be $38,000. The yearly cost to operate and maintain the system will be $13,539.60 which will be paid for by the 150 lots associated with Sims Landing Phase 2 in a special taxing district to appear on the 2020 tax bill. The cost per lot will be added to the property tax bill at a rate of $85 annually to cover the cost of system operations and maintenance. Analysis:The cost proposal was received by Georgia Power on August 27, 2019 in the amount of: Contractor Bid Georgia Power $38,000.00 upfront $13,539.60 annually Financial Impact:Adequate funds are available and expenditures of this amount will leave sufficient amount for emergencies through the end of the fiscal year. Alternatives:1) Approve installation of street light system in Sims Landing Phase 2. 2) Do not approve. Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: FUNDS ARE AVAILABLE IN THE FOLLOWING: 276-04- 1610-5312310 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 ENERGY SERVICES AGREEMENT BY AND BETWEEN AUGUSTA-RICHMOND COUNTY AND NORESCO, LLC PAGE 2 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 TABLE OF CONTENTS SECTION DESCRIPTION 1 Scope of Services 2 Ownership of ECMs 3 Financial Services 4 Compensation and Payment 5 Term 6 Publicity 7 Guarantee of Energy Savings 8 Right of Entry/Space 9 Changes in Work 10 Warranties 11 Customer Role and Responsibilities 12 Defaults by Customer and NORESCO 13 Remedies for Defaults 14 Arbitration 15 Termination 16 Insurance 17 Indemnification 18 Agreement Interpretation and Performance 19 Privileged and Proprietary Information 20 Severability 21 Assignments and Subcontracting 22 Waiver 23 Force Majeure 24 Contract Documents 25 Notices 26 Records PAGE 3 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 27 ESCO is not a Municipal Advisor 28 Representations and Warranties 29 Independent Contractor 30 Additional Representation and Warranties 31 Absence of Fraud or Collusion 32 Negligent/Wrongful Acts 33 Further Documents and Events 34 Non Appropriation 35 Third Party Beneficiaries 36 Notifications of Governmental Action-Occupational Safety and Health 37 References 38 ARRA Funds 39 Approval EXHIBIT A Audit Work Order EXHIBIT B Audit Agreement EXHIBIT C Construction Work Order ATTACHMENT A Property Description ATTACHMENT B Scope of Services ATTACHMENT C Equipment Lease Documents ATTACHMENT D (Intentionally Blank) ATTACHMENT E Delivery and Acceptance Certificates ATTACHMENT F Guaranty of Energy Cost Savings ATTACHMENT G Contract Cost and Annual Services ATTACHMENT H Change Order Form ATTACHMENT I Maintenance Services ATTACHMENT J NORESCO Installed Equipment ATTACHMENT K Standards of Service PAGE 4 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 ATTACHMENT L Form Of Customer’s Approval of Sample or Specifications PAGE 5 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 ENERGY SERVICES AGREEMENT BY AND BETWEEN CUSTOMER AND NORESCO, LLC THIS ENERGY SERVICES AGREEMENT (the "Agreement") is entered into this day of 201_, by and between Augusta-Richmond County, having its principal place of business located at 535 Telfair St, Augusta, GA 30901 (hereinafter referred to as "Customer") and NORESCO, LLC, a Delaware limited liability company, having its principal place of business at One Research Drive, Suite 400C, Westborough, MA 01581 (hereinafter referred to as "NORESCO"). The parties to this Agreement will be collectively referred to as the "Parties" and individually as a "Party." WHEREAS, CUSTOMER has selected NORESCO through a competitive solicitation of Energy Professional Services Companies; and WHEREAS, CUSTOMER wishes NORESCO to perform a project (“Project”) consisting of certain energy conservation services and installations (the "Scope of Services") at the CUSTOMER's buildings described in Attachment A of Exhibit C (the "Property"), and NORESCO wishes to perform such services; NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein, the Parties hereby agree as follows: SECTION 1 SCOPE OF SERVICES (a) The Work: In accordance with the terms of this Agreement, NORESCO may perform both audit work (“Audit Work”) and construction work (“Construction Work”). The Parties hereby acknowledge that Audit Work relates primarily to an analysis by NORESCO of specified Customer facilities for the purpose of determining and designing potential energy conservation measures (“ECMs”) and that Construction Work primarily relates to construction of the ECMs desired by Customer. Where Customer desires that Audit Work be performed, Customer shall issue an Audit Work Order to NORESCO. Where Customer desires that Construction Work be performed, Customer shall issue a Construction Work Order to NORESCO. (b) Audit Work: Where Customer issues an Audit Work Order to NORESCO, it shall be in substantially the same form as set forth in Exhibit A unless otherwise mutually agreed by the Parties. The terms applicable to an Audit Work Order shall be set forth in the Audit Work Order, which shall substantially incorporate the Terms for Audit Work Orders contained in Exhibit B. The terms contained in this Agreement shall not apply to the Audit Work Orders except as provided by Section 1(a)-(b) of this Agreement. The terms contained in Section 1(a)-(b) of this Agreement will take precedence over the terms contained in the Audit Work Order. (c) Construction Work: Upon delivery by the Customer to NORESCO of a Construction Work Order substantially in the form attached to this Agreement as Exhibit C, and a Notice to Proceed, NORESCO shall furnish all labor, materials and equipment and perform all work required for the completion of the Scope of PAGE 6 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 Services set forth in Attachment B, including the installation of the ECMs, for the facilities (“Facilities”) described in Attachment A, as such Scope of Services and Facilities may be modified in accordance with this Agreement. If NORESCO does not receive a Notice to Proceed from Customer within (90) days of the Construction Work Order execution, NORESCO may adjust the construction price accordingly. Customer and NORESCO shall mutually plan the scheduling of the construction work. NORESCO will list installed ECMs on Attachment J attached hereto and made a part hereof at the time that construction is complete. Attachment J may be modified as provided for herein. (d) Disposal: NORESCO, at its cost, shall be responsible for disposal of all non-hazardous equipment and materials which are rendered useless and removed as a result of the installation of the ECMs pursuant to this Agreement. In addition, NORESCO shall, at its cost, cause all lamps and PCB-contaminated ballasts, if any, which have been rendered useless and removed as a result of the installations of the ECMs to be transported and disposed of via recycling and incineration, respectively. All other existing PCB-contaminated ballasts, lamps and any other hazardous substances, however, remain the responsibility of Customer and NORESCO shall assume no liability in connection with their removal, handling, transportation, and/or disposal. In all instances, with the only exception being those hazardous materials that Contractor brings to the site, the Customer will be the “Generator” of record and sign any and all disposal documents (i.e. manifests, bills of lading, etc.) in order to document the abatement or removal of any such hazardous materials from Customer’s site or Premises. (e) Asbestos: Unless explicitly and specifically identified in Attachment B, NORESCO's Scope of Services is predicated on the viability of this Project without any asbestos abatement being required by NORESCO. In the event that (i) NORESCO encounters any friable asbestos which is in the immediate vicinity of NORESCO's work, or (ii) NORESCO determines that its work will result in the disturbance of asbestos material, or (iii) NORESCO determines that the presence of asbestos material will impede NORESCO's work, NORESCO will notify Customer of the same and Customer will, at its cost, cause the asbestos to be promptly and properly removed, enclosed, encapsulated or otherwise abated in accordance with applicable laws and regulations, or alternatively, Customer, at its cost, may provide written test reports showing that asbestos in that area has been properly removed, enclosed encapsulated or otherwise abated in accordance with applicable laws. In the event NORESCO cannot determine whether any particular material does or does not contain asbestos, Customer, upon NORESCO's written request, will, at its cost, promptly perform tests or cause tests to be performed in order to determine whether or not such material contains asbestos and/or whether there are unacceptable levels of airborne particulate material containing asbestos or provide such a test report. Under no circumstances, shall NORESCO be required to handle asbestos. (f) Maintenance: To the extent provided for in Attachment I - "Maintenance Services," NORESCO will service and maintain the equipment that is specifically identified therein, at a cost to the Customer which is provided for in Section 4 and Attachments G, for the Term of this Agreement. Except for ECMs (or other equipment) which are to be maintained by NORESCO, Customer shall be responsible for servicing and maintaining the ECMs (and such other equipment) at its own cost. (g) Measurement & Verification: To the extent provided for in Attachment F – “Determination of Energy Cost Savings” - NORESCO will also supply such ongoing Measurement & Verification services to the Customer which may be agreed upon between the Parties at an annual fee to be set forth in Section 4 and Attachment G. (h) Compliance With Law: NORESCO shall comply with and obtain, at its expense, all licenses and permits required by Federal, state and local laws in connection with the installation of the ECMs. To the extent that NORESCO agrees to perform operations and/or maintenance of specified ECMs or other equipment, it shall comply with and obtain, at its expense, all licenses and permits which may be required by Federal, state and local laws in connection with the operation and/or maintenance of such specified ECMs. In the event that NORESCO cannot procure any such license or permit in light of a requirement that Customer is required to do so, Customer will procure the same. Should a change in law occur subsequent to the date of execution of the Agreement that increases NORESCO’s Project costs, the parties shall, to the extent allowed by law, negotiate an equitable resolution. NORESCO shall pay the required prevailing wage rates for work in connection with this PAGE 7 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 Project to the extent required by Georgia law. (i) Taxes: Notwithstanding any other provision herein, Customer shall be responsible for all taxes arising from or in connection with Customer's participation in this Agreement and the benefits to Customer hereunder. Customer shall reimburse NORESCO for any taxes, permits or fees not in effect on the date of this Agreement, but for which NORESCO may become liable during the Term of this Agreement. If Customer is a tax-exempt entity, it shall cooperate reasonably with NORESCO to ensure purchases of materials or equipment required under this Agreement enjoy any reasonable favorable tax considerations available under applicable State or local law or regulation. (j) Non-Discrimination: NORESCO agrees not to knowingly or willfully discriminate against any employee, or applicant for employment, to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment, because of age, sex, race, disability, color, religion, national origin, Vietnam era military service or ancestry in accordance with applicable Federal, State or local laws. (k) Standards of Service and Comfort: Customer shall operate the ECMs in a manner that shall provide the standards of service and comfort provided for in Attachment K hereto (to be attached). (l) Specifications: Prior to beginning the work hereunder, NORESCO may provide (or Customer, at its option, may reasonably request to have NORESCO provide) written specification of, any ECMs to be installed. Customer shall furnish its written approval or disapproval of each such written specification within ten (10) working days following its receipt of written notice by NORESCO of completion of each such sample installation or the provision of such written specifications to Customer. Customer's approval of such specifications shall be in substantially the form of Attachment L of Exhibit C hereto. If Customer disapproves any such ECM, NORESCO shall have the right to provide a substitute ECM which conforms to the applicable specifications or is equivalent to any applicable sample provided and approved by Customer hereunder, for Customer's approval. In the event Customer approves the substitute ECMs (in writing), NORESCO shall revise the Attachments to reflect each such substitution, subject to Customer's written approval of each revised Attachment. In the event that Customer does not approve or disapprove of any ECM(s) within ten (10) working days following NORESCO 's written notice to Customer that the written specification is ready for inspection, Customer shall be deemed to have given its approval. If, however, Customer again does not approve of any such substituted ECMs or specifications, the Parties hereby agree to negotiate a mutually acceptable solution. Customer shall not unreasonably withhold any approval provided for herein. (m) Duties, Obligations and Responsibilities of NORESCO: (i) All labor furnished under this Agreement shall be competent to perform the tasks undertaken, that all materials and equipment provided shall be new and of appropriate quality, and that the completed work shall comply with the requirements of this Agreement. (ii) NORESCO shall maintain the Project site in a reasonably clean condition during the performance of the construction work. (iii) NORESCO shall thoroughly and regularly clean the Project site of all nonhazardous debris, trash and excess material or equipment. (iv) At all times relevant to this Agreement, NORESCO shall permit Customer or any of its representatives to enter upon the Project site to review or inspect the construction work without formality or other procedure. (v) NORESCO will provide equipment manuals and other appropriate information regarding equipment installed hereunder to Customer at or about the time of Substantial Completion. PAGE 8 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 SECTION 2 OWNERSHIP OF ECMS Ownership of and title to the ECMs referenced in Attachment E(1) to each Delivery and Acceptance Certificate (Attachment E) will automatically transfer to the Customer upon both: (a) the delivery of each such Delivery and Acceptance Certificate and Attachment E(1) by Customer to NORESCO, the execution and delivery of which shall not be unreasonably withheld or delayed, and (b) completion of all Customer’s payment obligations to NORESCO, excluding payment obligations related to maintenance or other annual services hereunder. Subject and subordinate to Lessors rights pursuant to the Lease, as defined below, NORESCO under this Agreement shall be entitled to all rights, benefits and remedies afforded a secured party under law with respect to the equipment installed pursuant to this Agreement, including but not limited to those under the Uniform Commercial Code, as adopted in the State of Georgia or any other applicable state ("Code"). NORESCO shall retain such security interest in the ECMs, pursuant to this Agreement, for equipment installed hereunder until Customer shall have accepted the same and title has transferred to Customer. If requested by NORESCO in connection therewith, Customer agrees to provide to NORESCO appropriate financing statements and other documents necessary in order for NORESCO and/or any bank, lender or financial institution to which NORESCO has assigned any interest in this Agreement, to perfect said subordinate security interest in the ECMs. SECTION 3 FINANCIAL SERVICES (a) Energy Performance Contract Municipal Lease and Option to Purchase Agreement (i) Customer hereby represents and warrants to NORESCO that Customer intends to enter into a lease (“Lease”) with a third party lessor. Customer’s obligation to make payments pursuant to the Lease will commence on the date that funds are deposited in the Escrow Fund (“Commencement Date”). (ii) Customer acknowledges and understands that the amount of the Lease payments will be subject to current market conditions at the time of final credit approval and that the effectiveness of the Lease will be subject to final credit approval. Customer further acknowledges that its responsibility for the payments described in this Agreement are in no way contingent on the effectiveness of the Lease. SECTION 4 COMPENSATION AND PAYMENT (a) During the period beginning on the date of execution of this Agreement and continuing through the Date of Substantial Completion with respect to each Phase, Customer will make monthly progress payments to NORESCO based upon the portion of the Project completed at the end of each month, as respectively provided for in Attachment G for which payment is being made. Customer shall (within five (5) days of receipt) execute and deliver to NORESCO completed forms E-1 (Attachment E-1) upon completion by NORESCO of each ECM. A Final Delivery and Acceptance Certificate (Attachment E-2) shall be executed by Customer upon final completion of the ECMs. Customer shall not unreasonably withhold or delay the execution of any Delivery and Acceptance Certificate, which shall be deemed approved by NORESCO if Customer has not taken action with respect to any Certificate within ten (10) days of its receipt thereof. For the purposes of this Agreement the term "Substantial Completion" shall mean that the subject ECM has been demonstrated by NORESCO to be operating in a manner consistent with its manufacturer's intended use. For the purposes of this Agreement, the terms “Final Completion” or “Final Acceptance” shall mean that NORESCO has fulfilled all of its construction obligations for all ECMs installed under this Agreement. This shall include the completion of all punchlist items and the submission of all required documentation. (b) During the month following each successive twelve (12) month period beginning with the first day of PAGE 9 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 the month following the date on which the Customer executes a Final Delivery and Acceptance Certificate (Attachment E-2), Customer shall pay the annual maintenance and measurement and verification (M&V) service fees (collectively, the “Performance Period Fee”) set forth in Attachment G. (c) Thirty (30) days after the date of an invoice on account of work done by NORESCO, Customer shall pay NORESCO 95% of the value of NORESCO’s work. The remaining 5% retained shall be held as additional security for the faithful performance by NORESCO of all the work required under this Agreement and shall be paid to NORESCO within thirty (30) days after Final Acceptance. (d) Amounts not paid to NORESCO on or before the due dates specified in Sections 4(a)-(c) above will accrue interest at the rate of the prime interest rate plus four (4) percent for the number of days following the due date until such time as such amount due has been paid in full. (e) The services provided for hereunder may overlap one another. In that regard, the payments to be made by Customer to NORESCO with respect to one or more services shall be in addition to one another. (f) Reserved. SECTION 5 COMMENCEMENT DATE AND TERM The Commencement Date shall be the first (1st) day of the month following the date of execution of the Delivery and Acceptance Certificate (Attachment E-2) upon Final Acceptance of this Project. Subject to the following sentence, and the Term of this Agreement shall begin on the Commencement Date and shall end exactly five (5) years from the Commencement Date, unless terminated prior to such date, as provided for in this Agreement. If not otherwise terminated as provided for herein, the Term of this Agreement shall terminate simultaneously with any termination of the Lease or termination of the Measurement and Verification Services. Nonetheless, the Contract shall be effective and binding upon the parties immediately upon its execution, and the period from contract execution until the Commencement Date shall be known as the "Interim Period". SECTION 6 PUBLICITY Customer hereby grants to NORESCO and its directors, officers, employees, and affiliates (its “Authorized Representatives”): a) authorization to use Customer’s name in NORESCO’s client list; b) authorization to disclose the nature of Customer’s relationship with NORESCO and certain summary “Project Information” (as defined below) in connection with the Project for use in NORESCO’s marketing efforts (the “Marketing Works”); c) an non-exclusive, nontransferable, royalty-free license to copy any Project progress photos taken by NORESCO, or photos or other copyrighted material supplied by the Customer regarding the Project (the “Licensed Material”) or any portion thereof, solely as needed to create Marketing Works, and d) authorization allowing NORESCO to publicly display the Licensed Material included in the Marketing Works. Summary “Project Information” may include the location of the Project, services provided by NORESCO in connection with the Project, Project price and any recognition or certification (e.g., LEED® certification) associated with the Project. Authorized marketing materials which include summary Project Information and/or Customer’s name shall include internal newsletters or publications, press releases, case studies, photos, promotional brochures and other publications (e.g. annual reports) created by or on behalf of NORESCO (the “Marketing Works”). Customer warrants that it owns the copyrights in the Licensed Material and waives any fees or royalties for use of the Licensed Material in the Marketing Works. For the avoidance of doubt, none of NORESCO, its Authorized Representatives, successors or assigns has authorization from the Customer to publicize the Customer name, summary Project Information or Licensed Material for any PAGE 10 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 other purpose. SECTION 7 GUARANTEE OF ENERGY SAVINGS NORESCO will guarantee to the Customer the amount of energy savings determined in accordance with Attachment F, “Guaranty of Energy Cost Savings”. SECTION 8 RIGHT OF ENTRY/SPACE During the Term of this Agreement, Customer shall provide NORESCO, and its employees, agents and subcontractors, including any utility which provides or may provide any payment under this Agreement, access to the Property for the purpose of fulfilling NORESCO's obligations under this Agreement. Customer shall provide mutually satisfactory space for the installation and operation of the ECMs and shall protect such equipment in the same careful manner that Customer protects its property. Additionally, Customer shall provide NORESCO remote electronic access to the Energy Management System (if required) during the Term of this Agreement. NORESCO shall obey and abide by any and all reasonable rules of Customer relative to the Property as they would directly relate to NORESCO's performance of its obligations under this Agreement. SECTION 9 CHANGES IN WORK The quantity, quality, dimensions, type or other characteristics of the ECMs may be changed only by written consent of the Customer and NORESCO (and, where required by the Lease, the Lessor), via the execution of a Change Order Form (Attachment H). In addition, the Scope of Services may be reduced or expanded to include other significant energy efficiency measures and facilities not included within the ECMs listed on Attachment B (and, following Substantial Completion, listed on Attachment J) by the execution of such a Change Order Form. SECTION 10 WARRANTIES NORESCO warrants that the design, engineering, and installation services it performs will be performed consistent with good engineering practices and that such work is warranted to be free from defects in materials and workmanship for a period of one (1) year from the date of execution of the Delivery and Acceptance Certificate by the Customer with respect to Substantial Completion. Any manufacturers' warranties which exceed this one (1) year period shall be assigned to Customer to the extent allowed by the manufacturer. Except as provided above, NORESCO MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER STATUTORY, WRITTEN, ORAL OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES AS TO THE VALUE, DESIGN, AND CONDITION OR FITNESS FOR USE OR PARTICULAR PURPOSE AND MERCHANTABILITY, REGARDING THE ECMs OR ANY SERVICES PROVIDED HEREUNDER. SECTION 11 CUSTOMER ROLE AND RESPONSIBILITIES (a) Operations: The Customer shall operate the equipment installed hereunder in accordance with the manufacturers’ recommendations and the procedures supplied to the Customer by NORESCO. (b) Maintenance: The Customer shall, at its expense, maintain the Property in good working order during the Term of this Agreement. Except as may otherwise be provided for in Attachment I, the Customer will maintain, at Customer’s expense: (i) the equipment and all other components which comprise the ECMs (following the date of Substantial Completion), and (ii) all other equipment which is attached thereto and/or is integral to the proper functioning of the ECMs. (c) Malfunctions: The Customer will notify NORESCO immediately in the event of any malfunction in the operation of the ECMs or the equipment installed hereunder. PAGE 11 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 (d) Protection of ECMs: Except in the case of emergency, the Customer will not remove, move, alter, turn off or otherwise significantly affect the operation of the equipment installed hereunder or the operation of the ECMs, or any individual part thereof, without the prior approval of NORESCO, which approval shall not be unreasonably withheld. After receiving NORESCO's approval, Customer shall proceed as instructed. Customer shall act reasonably to protect the ECMs from damage or injury, if, due to an emergency, it is not reasonable to notify NORESCO before acting. Customer agrees to protect and preserve the facility envelope and the operating condition of all ECMs, mechanical systems, and other energy consuming systems located on the Property. (e) Measurement & Verification System: Customer shall not alter, move, modify or otherwise change the measurement and verification system or any component thereof without the written consent of NORESCO unless such action is in accordance with operating procedures provided by NORESCO. (f) Adjustment to Baseline: If, in the reasonable opinion of NORESCO, the Customer does not reasonably protect the ECMs and/or maintain the Property in good repair and good working condition, then NORESCO will equitably adjust the baseline, as referenced in Attachment F, for any increased energy usages at the Property. (g) Changes to Property: The Customer will notify NORESCO in writing at least thirty (30) days prior to making any change to the Property that would significantly affect the energy usage at the Property, including but not limited to changes in the hours or days that the Property is occupied or operated, the number of occupants (including, but not limited to, staff, faculty and students), the activity conducted, the equipment, or the size of the Property. In the event NORESCO receives such notification or otherwise determines that such a change has occurred, it will make the appropriate revisions to the Attachments or take such other action as may be provided for hereunder. (h) Energy Usage Data: The Customer will make available to NORESCO, on a monthly basis for the Term of this Agreement, copies of all energy bills, energy usage data, and any and all other such documentation maintained by the Customer, as requested by NORESCO, which is necessary for NORESCO to determine and satisfy all of its obligations under this Agreement. (i) Insurance and Risk of Loss or Damage: Without limiting any of its obligations or liabilities under this Agreement, the Customer will, at its expense, provide and maintain at all times during the Term of this Agreement, sufficient insurance against the loss or theft of or damage to the ECMs related equipment and all components installed hereunder, for the full replacement value thereof. Customer assumes all risk of loss of or damage to the ECMs from any cause whatsoever except to the extent that such loss or damage was caused by the negligence of NORESCO. In the event of damage to any item of the equipment installed hereunder or ECMs, Customer will promptly notify NORESCO and immediately place the same in good repair with the proceeds of any insurance received applied to the cost of such repair. If Customer determines that any item of the ECMs is lost, stolen, confiscated, destroyed or damaged beyond repair, Customer will replace the same with like equipment in good repair in a timely fashion. If, following Customer's execution of the Delivery and Acceptance Certificate to be provided upon Substantial Completion and subsequent to Customer's complete payment to NORESCO in accordance with Section 4(a), as that amount may then have been modified in accordance with this Agreement, any fire, flood, other casualty, or condemnation renders a majority of the Property incapable of being occupied and renders the ECMs or the equipment installed hereunder inoperable and, in the case of a casualty, the affected portion of such ECMs or equipment is not reconstructed or restored within one hundred and twenty (120) days from the date of such casualty, NORESCO and/or Customer may terminate this Agreement by delivery of a written notice to the other Party. Upon such termination, Customer shall pay NORESCO any amounts, or pro-rata portions thereof, accrued under Section 4(b)-(e), Attachment G and the applicable Termination Value, if any, set forth elsewhere in this Agreement or in Section 4. NORESCO shall not be responsible for any savings deficiencies resulting from ECMs being rendered useless for the period of time prior to reconstruction of the ECM. The savings guaranty will be adjusted to account for the unavailability of the ECM. PAGE 12 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 (j) Telephone/Broadband: Customer is responsible for installing and maintaining either telephone lines or providing broadband access to the energy management system via Customer’s Local Area Network (LAN). Customer is responsible for all associated costs for the energy management system’s telephone lines or broadband access. (k) Protection. Customer shall at all times act reasonably to protect the ECMs from damage, theft or injury to the same extent and in the same manner in which it protects its other property. (l) Alteration: Customer agrees not to move, alter or change the ECMs in any way that causes a reduction in the level of efficiency or savings generated by any ECM or the equipment installed hereunder without obtaining NORESCO’s prior written approval which shall not be unreasonably withheld. (m) Storage: Customer will provide reasonable rent free space for NORESCO, or any of its subcontractors, to mobilize and store its supplies, tools and equipment during installation of the ECMs or other activities by NORESCO within the Property pursuant to this Agreement for which such storage may be required. Said storage space shall be provided with locking capacity acceptable to NORESCO. Only NORESCO, or any of NORESCO’s subcontractors, and the Customer’s assigned personnel shall have access to the storage. Customer assumes no responsibility nor will Customer provide any additional security for the storage provided. (n) Fuel: Customer shall procure and pay for all energy, fuel, and water for the operation of the Property. SECTION 12 DEFAULTS BY CUSTOMER AND NORESCO (a) Customer shall be in default under this Agreement upon the occurrence of any of the following: (i) Customer fails to pay when due any amount to be paid under this Agreement and such failure continues for a period of five (5) working days after notice of overdue payment is delivered by NORESCO to the Customer; (ii) Customer fails to perform or meet any of its required duties or obligations under this Agreement and fails to cure such failure and the effects of such failure within thirty (30) days of receipt of written notice of default, unless such failures and effects cannot be completely cured within thirty (30) days after said written notice, in which case a default shall exist only if Customer does not commence and diligently pursue to cure such failure and effects as soon as possible; (iii) Customer goes into receivership, or makes an assignment for the benefit of creditors whether voluntary or involuntary, or a petition is filed by or against the Customer under any bankruptcy, insolvency or similar law and such petition is not dismissed within sixty (60) days. (b) NORESCO shall be in default under this Agreement upon the occurrence of the following: (i) NORESCO fails to perform or meet any of its required duties or obligations under this Agreement and fails to cure such failure or effects of such failure within thirty (30) days of receipt of written notice of default, unless such failure or effects cannot be completely cured within thirty (30) days after said written notice, in which case a default shall exist only if NORESCO does not commence and diligently pursue to cure such failure as soon as possible. SECTION 13 REMEDIES FOR DEFAULTS (a) In the event Customer defaults under this Agreement, NORESCO: PAGE 13 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 (i) may bring actions for any remedies available at law or in equity or other appropriate proceedings for the recovery of direct damages, (including amounts past due), and/or bring an action in equity for specific performance; and (ii) without recourse to legal process, may terminate this Agreement by delivery of written notice of termination. (b) In the event NORESCO defaults under this Agreement, Customer may terminate this Agreement and bring an action in law for direct damages. SECTION 14 ARBITRATION In the event of any dispute whatsoever between the Parties, they shall exhaust every reasonable effort to settle or dispose of the same, including a discussion of the matter between senior executives of each Party. Any controversy or claim arising out of or relative to this Agreement or the breach thereof, not adjusted or disposed of by mutual agreement between the Parties, shall be first settled by mediation and then (in the absence of settlement after mediation), by arbitration under the rules then obtaining of the American Arbitration Association Commercial Arbitration Rules, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof, and arbitration decision shall be final and binding on the Parties and on all Parties subject to the following. Said arbitration proceedings shall be filed in the nearest Regional office of the American Arbitration Association. All arbitrators shall be bound by the terms of this Agreement. The expenses of any arbitration shall be borne equally by the Parties to the arbitration, provided that each Party shall pay for and bear the cost of its own experts, evidence, and counsel. SECTION 15 TERMINATION At any time after the Customer has executed the Delivery and Acceptance Certificate to be provided upon Substantial Completion, Customer may terminate this Agreement upon thirty (30) days written notice to NORESCO, provided that Customer has paid to NORESCO all amounts due as set forth in Section 4 and on Attachment G (other than amounts due for future performance by NORESCO). Termination of the Agreement simultaneously terminates all remaining obligations of NORESCO under the Agreement, including any Guarantee of Energy Cost Savings. SECTION 16 INSURANCE Without limiting any of its obligations or liabilities under this Agreement, NORESCO shall provide and maintain at its expense the following minimum insurance coverage’s where reasonable market availability for such insurance exists: (a) Insurance requirements are in accordance with Section 10 of Exhibit B. (b) Payment and Performance Bond. NORESCO shall within thirty (30) days of execution of this Agreement, deliver to the Customer Performance and Payment Bonds in a sum equal to the contract price with sureties satisfactory to the Customer, conditioned upon the faithful performance by NORESCO, for the implementation of the ECMs as it may be from time to time modified by Change Orders, such bonds to be in such form and otherwise to contain such provisions as are reasonably satisfactory to the Customer. NORESCO shall deliver to Customer the Payment and Performance Bond prior to commencement of construction of any work in respect of this Agreement. The Payment and Performance Bonds required hereunder shall expire upon final acceptance of all ECMs required under this Agreement (including any applicable one year warranty period), and shall not secure any energy savings, measurement and verification obligations or maintenance/service obligations, which may be guaranteed by NORESCO under this Agreement. (c) Customer will provide and maintain insurance as described in Section 11 (i), naming NORESCO as PAGE 14 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 additional named insured and waiving subrogation. NORESCO shall be primary on such insurance. SECTION 17 INDEMNIFICATION AND LIMIT OF LIABILITY (a) Notwithstanding any other provision of this Agreement, NORESCO's, its officers, employees, agents, affiliates, or subcontractors’ aggregate liability in contract, tort, or otherwise, without limitation, under this Agreement, shall in all cases be limited to the sum of the payments received by NORESCO pursuant to this Agreement. (b) Each Party (hereinafter referred to as the “Indemnifying Party”) agrees to indemnify and hold harmless the other Party from and against any and all claims for damages sustained by third parties arising by reason of bodily injury or damage to third party property caused by the Indemnifying Party’s willful misconduct or negligent physical acts (or the willful misconduct or negligent physical acts of any entity under the control, responsibility or direction of the Indemnifying Party). In no event, however, shall the Indemnifying Party be obligated to indemnify the other Party to the extent that any injury or damage is caused by the negligence of the other Party or any entity for which the other Party is legally responsible. (c) NORESCO shall be solely responsible for and shall indemnify and hold harmless the Customer, its officers, employees, and agents (the “Indemnified Parties”) from and against any and all liabilities, losses, costs, expenses (including, without limitation, reasonable attorneys’ fees and disbursements) and damages (“Losses”), arising out of or in connection with any negligent acts or omissions of NORESCO or a NORESCO Agent, regardless of whether taken pursuant to or authorized by this Agreement and regardless of whether due to negligence, fault, or default, including Losses in connection with any threatened investigation, litigation or other proceeding or preparing a defense to or prosecuting the same; provided, however, that NORESCO shall not be responsible for that portion, if any, of a Loss that is caused by the negligence or wrongful act of the Customer. (d) NORESCO shall, upon the Customer’s demand and at the Customer’s direction, promptly and diligently defend, at NORESCO’s own risk and expense, any and all suits, actions, or proceedings which may be brought or instituted against one or more Indemnified Parties for which NORESCO is responsible under this Section and NORESCO shall pay and satisfy any judgment, decree, loss or settlement in connection therewith. (e) NORESCO shall, and shall cause NORESCO Agents to, cooperate with the Customer in connection with the investigation, defense or prosecution of any action, suit or proceeding in connection with this Agreement including the acts or omissions of NORESCO and/or a NORESCO Agent in connection with this Agreement. (f) The provisions of this Section shall survive the termination of this Agreement. (g) Anything herein notwithstanding, in no event shall either Customer or NORESCO be liable to the other party for special, indirect, incidental or consequential damages, including commercial loss, loss of use, or lost profits, even if either party has been advised of the possibility of such damages. SECTION 18 AGREEMENT INTERPRETATION AND PERFORMANCE The interpretation and performance of this Agreement, and the interpretation and enforcement of the rights of the Parties hereunder, shall be in accordance with and controlled by the laws of the state of Georgia. In the event of any ambiguity or conflict in meaning, the terms of this Agreement shall not be construed against the drafting Party based upon that Party’s having drafted this Agreement. All lawsuits commenced under this Agreement shall be brought in that State or Federal Court having jurisdiction over matters arising in the county in which this contract shall be performed. SECTION 19 PRIVILEGED AND PROPRIETARY INFORMATION NORESCO's systems, means, cost, and methodologies of evaluating, implementing, accomplishing and PAGE 15 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 determining energy savings and the terms of the Agreement for this Project shall be considered privileged and proprietary information. Customer shall use the same level of effort to protect and safeguard such information as it employs to safeguard its own confidential information. Customer shall not disclose such proprietary information without the express written consent of an officer of NORESCO unless required to do so by statute or regulation. When any request for disclosure of such information is made under any applicable freedom of information law ("FOIL"), Customer will provide prompt verbal and written notice to NORESCO such that NORESCO will have the opportunity to timely object under FOIL should it desire to object to such disclosure of that information in whole or in part. In the event that Customer is required to make a filing with any agency or other governmental body, which includes such information, Customer shall notify NORESCO and cooperate with NORESCO in order to seek confidential treatment of such information included within any such filing or, if all such information cannot be protected from disclosure, to request that Customer be permitted to redact portions of such information, as NORESCO may designate, from that portion of said filing which is to be made available to the public. SECTION 20 SEVERABILITY In the event that any clause or provision of this Agreement or any part thereof shall be declared invalid by any court having jurisdiction, such invalidity shall not affect the validity or enforceability of the remaining portions of this Agreement. SECTION 21 ASSIGNMENTS AND SUBCONTRACTING (a) NORESCO may elect to use subcontractors in meeting its obligations hereunder. Customer shall approve all significant subcontractors and outside professionals in advance, which approval shall not be unreasonably withheld or delayed. (b) Customer shall not assign, transfer, or otherwise dispose of this Agreement, the ECMs, or any interest therein, or sublet or lend the ECMs or permit the ECMs to be used by anyone other than the Customer and Customer's employees without the prior express written consent of NORESCO (or, if applicable, the Lessor) such consent not to be unreasonably withheld. If Customer transfers ownership or its interest in the Property, the Customer will terminate this Agreement as provided for in Section 14. (c) NORESCO shall not assign this Agreement in whole or in part to any other party without first obtaining the consent of Customer, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, NORESCO may assign, without obtaining the consent of Customer, its rights and obligations under this Agreement in whole or in part to any affiliated or associated company of NORESCO and its rights for payments under this Agreement to any financial institution, lender or investor in connection with a leasing or financing arrangement for the ECMs. NORESCO will notify Customer thirty (30) days prior to any such assignment. SECTION 22 WAIVER The failure of either Party to require compliance with any provision of this Agreement shall not affect that Party’s right to later enforce the same. It is agreed that the waiver by either Party of performance of any other terms of this Agreement or of any breach thereof will not be held or deemed to be a waiver by that Party of any subsequent failure to perform the same or any other term or condition of this Agreement or any breach thereof. SECTION 23 FORCE MAJEURE (a) If either Party shall be unable to carry out any part of its obligations under this Agreement (except Customer’s obligation to make payments when due) due to causes beyond its control ("Force Majeure"), including but not limited to an act of God, strikes, lockouts or other industrial disturbances, acts of public enemies, orders or restraints of any kind of the government of the United States or any state or any of their departments, agencies, or officials, or any other civil governmental, transportation delays, military or judicial authority, war, blockage, insurrection, riot, sudden action of the elements, fire, explosion, flood, earthquake, storms, drought, landslide, or explosion or nuclear emergency, this Agreement shall remain in effect but the PAGE 16 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 affected Party's obligations shall be suspended for a period equal to the disabling circumstances, provided that: (i) the non-performing Party gives the other Party prompt written notice describing the particulars of the Force Majeure, including but not limited to the nature of the occurrence and its expected duration, and continues to furnish timely regular reports with respect thereto during the period of Force Majeure; (ii) the suspension of performance is of no greater scope and of no longer duration than is required by the Force Majeure; (iii) no obligations of either Party that arose before the Force Majeure causing the suspension of performance are excused as a result of the Force Majeure; (iv) the non-performing Party uses reasonable efforts to remedy its inability to perform; and (v) the Term of this Agreement, at NORESCO's option, shall be extended for a period equal to the number of days that the Force Majeure prevented the non- performing Party from performing. (b) Any decision by the Customer to close or change the use of the facilities or ECMs at the Property shall not constitute a Force Majeure excusing Customer's performance under this Agreement. SECTION 24 CONTRACT DOCUMENTS (a) Upon execution of this Agreement by both Parties, this Agreement and its Attachments will constitute the entire Agreement between the Parties relating to the subject matter hereof, and supersedes all proposals, previous agreements, discussions, correspondences, and all other communications, whether oral or written, between the Parties relating to the subject matter of this Agreement. (b) Headings are for the convenience of reference only and are not to be construed as a part of the Agreement. (c) This Agreement may not be modified or amended except in writing signed by the Parties. (d) This Agreement may be executed simultaneously in two (2) or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. SECTION 25 NOTICES All notices and other communication under this Agreement (other than regularly scheduled payments) shall be deemed properly given upon receipt if delivered in person or sent by electronic facsimile with regular mail follow- up or sent by overnight delivery service or sent by registered mail, return receipt requested and postage prepaid, addressed as follows: To: Customer ____________________ ____________________ Attention: _________________ Business Executive To NORESCO: One Research Drive PAGE 17 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 Suite 400C Westborough, MA 01581 Attention: David G. Mannherz Executive Vice President Either Party may change such address from time to time by written notice to the other Party. SECTION 26 RECORDS To assist NORESCO in its performance of this Agreement, Customer shall (to the extent it has not already done so) furnish (or cause its energy suppliers to furnish) to NORESCO, upon its request, accurate and complete data (kept by Customer or Customer's energy suppliers in the regular course of their respective businesses) concerning energy usage for the existing facilities at the Property, including the following data for the most current thirty-six (36) month period: utility records, occupancy information; descriptions of any changes in building structure or heating, cooling or other systems or energy requirements; descriptions of all energy consuming or saving equipment used on Property; descriptions of all energy management procedures presently utilized. SECTION 27 ESCO NOT A MUNICIPAL ADVISOR The Customer acknowledges and agrees that NORESCO has not acted as a municipal financial advisor to the Customer and that the Customer has not relied on NORESCO for any matters relating to the financing of the Project, including issuance of any bonds. SECTION 28 REPRESENTATIONS AND WARRANTIES Each Party warrants and represents to the other that: (a) It has all requisite power, authority, licenses, permits, and franchises, corporate or otherwise, to execute and deliver this Agreement and perform its obligations hereunder; (b) Its execution, delivery, and performance of this Agreement have been duly authorized by, or are in accordance with, as to NORESCO, its organic instruments and, as to Customer, by all requisite municipal, board, or other action and are not in breach of any applicable law, code or regulation; this Agreement has been duly executed and delivered by the signatories so authorized, and constitutes each Party's legal, valid and binding obligation; (c) Its execution, delivery, and performance of this Agreement shall not result in a breach or violation of, or constitute a default under, any agreement, lease or instrument to which it is a party or by which it or its properties may be bound or affected; and (d) It has not received any notice, nor to the best of its knowledge is there pending or threatened any notice of any violation of any applicable laws, ordinances, regulations, rules, decrees, awards, permits or orders which would materially adversely affect its ability to perform hereunder. (e) The persons executing this Agreement are fully authorized by law to do so. (f) In addition, Customer warrants and represents to NORESCO that Customer has obtained or shall obtain all necessary governmental, legal, administrative and any other approval necessary for it to enter into this Agreement. (g) To assist in NORESCO's tax compliance, upon job completion Customer agrees, if applicable, to execute the required Written Allocation including the Declaration related to Section 179D of the Internal Revenue Code. NORESCO will be responsible for preparing the Declaration, all accompanying documentation PAGE 18 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 and the contents therein. NORESCO will be designated the sole Section 179D beneficiary. (h) The Customer acknowledges and agrees that NORESCO has not acted as a municipal financial advisor to the Customer and that the Customer has not relied on NORESCO for any matters relating to the financing of the Construction Work, including issuance of the Bonds. SECTION 29 INDEPENDENT CONTRACTOR Nothing in this Agreement shall be construed as reserving to Customer any right to exercise any control over or to direct in any respect the conduct or management of business or operations of NORESCO on the Property. The entire control or direction of such business and operations shall be in and shall remain in NORESCO, subject only to NORESCO's performance of its obligations under this Agreement. Neither NORESCO nor any person performing any duties or engaged in any work on the Property on behalf of NORESCO shall be deemed an employee or agent of Customer. Nothing in this Section shall be deemed to be a waiver of the Customer of the right to use its property. The Customer and NORESCO are independent of one another and shall have no other relationship relating to or arising out of this Agreement. Neither Party shall have or hold itself out as having the right or authority to bind or create liability for the other by its intentional or negligent act or omission, or to make any contract or otherwise assume any obligation or responsibility in the name of or on behalf of the other Party. SECTION 30 ADDITIONAL REPRESENTATIONS AND WARRANTIES OF CUSTOMER Customer hereby warrants and represents to NORESCO that: (a) Customer presently intends to continue to use the Property in a manner reasonably similar to its present use; (b) Customer does not presently contemplate any changes to the electrical and thermal consumption characteristics of the Property as these existed during the base period except as may have been disclosed to NORESCO by Customer in writing prior to the execution of this Agreement; (c) Customer has provided NORESCO with all records heretofore requested by NORESCO and, in that regard, NORESCO acknowledges that it has received base period data from Customer which appears to be complete as of the date of this Agreement, and that the information set forth therein is, and all information in other records to be subsequently provided pursuant to this Agreement shall be, true and accurate in all material respects except as may be disclosed by Customer in writing; (d) Customer has not entered into any contracts or agreements for the Property with persons or entities other than NORESCO regarding the provision of the energy services referenced herein. SECTION 31 ABSENCE OF FRAUD OR COLLUSION NORESCO hereby certifies, by its execution of this Agreement, that no official or employee of Customer has any pecuniary interest in this Agreement or in the expected profits to arise here from, and that this Agreement is made in good faith without fraud or collusion with any other person involved in the bidding process. SECTION 32 NEGLIGENT/WRONGFUL ACTS It is understood and agreed that neither Party to this Agreement shall be liable for any negligent or wrongful acts, either of commission or omission, chargeable to the other, unless such liability is imposed by law, and that this Agreement shall not be construed as seeking to either enlarge or diminish any obligation or duty owed by one Party against the other or against third parties. PAGE 19 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 SECTION 33 FURTHER DOCUMENTS AND EVENTS The Parties shall execute and deliver all documents and perform all further acts that may be reasonably necessary to effectuate the provisions of this Agreement, in that regard, it being understood and agreed that NORESCO covenants and agrees to execute or procure the execution of all documents reasonably required to release any lien held by NORESCO or its assignees upon the termination of this Agreement and payment of all amounts required to be paid by Customer to NORESCO, pursuant to this Agreement, including but not limited to the Termination Value, if any. It being further agreed and understood that Customer agrees to execute all documents which may be reasonably required by an entity which provides funds for any financing contemplated herein and to cooperate with NORESCO in obtaining such funds. It is further understood that Customer agrees to execute all documents which may be reasonably required to obtain all licenses, permits and governmental approvals required by NORESCO for installation and operation of the ECMs. NORESCO's obligations hereunder are also subject to obtaining any such licenses, permits and governmental approvals. SECTION 34 NON-APPROPRIATION Reserved. SECTION 35 THIRD PARTY BENEFICIARIES Except as may be specifically provided for in this Agreement, the Parties hereto do not intend to create any rights for, or grant any remedies to, any third party beneficiary of this Agreement. SECTION 36 NOTIFICATIONS OF GOVERNMENTAL ACTION - OCCUPATIONAL SAFETY AND HEALTH The Parties agree to notify each other as promptly as is reasonably possible upon becoming aware of an inspection under, or any alleged violation of, the Occupational Safety and Health Act or any other provision of Federal, State or Local law, relating in any way to the undertakings of either Party under this Agreement. SECTION 37 REFERENCES Unless otherwise stated all references to a particular Attachment or to Attachments herein are to the referenced Attachment or Attachments which are attached to this Agreement and all such referenced Attachments are incorporated by reference within this Agreement. All references herein to a Section shall refer to a Section of this Agreement unless this Agreement specifically provides otherwise. SECTION 38 AMERICAN RECOVERY AND REINVESTMENT ACT FUNDS NORESCO’s scope of work does not contemplate the use of American Recovery and Reinvestment Act (“ARRA”) funds on the Project. Should the Customer subsequently desire to apply ARRA funds to the Project, the Parties shall mutually agree on the specific scope of work to which the ARRA funds shall apply, and shall work together to comply with the Buy American Act, including applying for waivers as necessary, to the extent such compliance is required upon receipt of ARRA funds. The Parties shall coordinate any reporting obligations required under the ARRA, and shall make available all documents required for such reporting. NORESCO reserves the right to adjust the contract price to account for NORESCO and NORESCO subcontractor and vendor cost increases resulting from the application of ARRA funds to the Project and the related administration necessary to support the reporting obligations and Buy American Act requirements. The Parties shall amend the Agreement to reflect all changes resulting from the application of ARRA funds to the Project. Where possible, any ARRA-funded work shall be considered a separate and distinct project for purposes of ARRA PAGE 20 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 compliance. NORESCO shall be considered a vendor for reporting purposes. SECTION 39 APPROVAL This Agreement shall not be executory until all necessary State or local approvals are obtained. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] PAGE 21 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 IN WITNESS WHEREOF, the duly authorized officers or representatives of the Parties have set their hand on the date first written above with the intent to be legally bound. CUSTOMER NORESCO, LLC Authorized Signature David G. Mannherz Executive Vice President Title Witness Witness PAGE 22 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 EXHIBIT A AUDIT WORK ORDER NO. 1. This Audit Work Order No. (“Audit Work Order”), executed between NORESCO and Customer and dated , is issued pursuant to Section 1(a)-(b) of the Energy Services Agreement (“ESA”) dated , between NORESCO and Customer. 2. The terms applicable to this Audit Work Order are set forth in the Terms for Audit Work Orders, attached hereto and incorporated herein. 3. Customer hereby requests that NORESCO complete the Audit Work described in this Audit Work Order and NORESCO agrees to complete the Audit Work described in this Audit Work Order. By signing below, the Parties agree to the terms of this Audit Work Order. NORESCO, LLC Signature: Printed Name: Title: Date: Augusta-Richmond County Signature: Printed Name: Title: Date: PAGE 23 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 EXHIBIT B TERMS FOR AUDIT WORK 1. SERVICES NORESCO shall provide a Detailed Energy Audit (“DEA”) for the specified Customer facilities (“Facilities”) listed in Section 21. The DEA shall include the scope of work described in Section 21. 2. TERM NORESCO shall commence providing services under this Audit Work Order on ____________________, shall diligently perform as required and complete performance within days. 3. COMPENSATION In the event that, for any reason, Customer decides not to issue a Construction Work Order for the ECMs that incorporates the cost of the DEA, Customer agrees to pay NORESCO for services satisfactorily rendered pursuant to this Audit Work Order in the amount of $ . If such an event occurs, Customer shall pay NORESCO for services rendered within thirty (30) calendar days of receipt of approved invoice and acceptance of services. 4. INDEPENDENT CONTRACTOR NORESCO, in the performance of this Audit Work Order, shall be and act as an independent contractor. NORESCO understands and agrees that he/she and all of his/her employees shall not be considered officers, employees or agents of the Customer, and are not entitled to benefits of any kind or nature normally provided employees of the Customer and/or to which Customer’s employees are normally entitled, including, but not limited to, State Unemployment Compensation or Worker’s Compensation. NORESCO shall assume full responsibility for payment of all federal, state and local taxes or contributions, including unemployment insurance, social security and income taxes with respect to NORESCO’s employees. 5. MATERIALS NORESCO shall furnish, at his/her own expense, all labor, materials, transportation, equipment, supplies, subcontractors, and other items necessary to complete the services to be provided pursuant to this Audit Work Order. 6. ORIGINALITY OF SERVICES NORESCO agrees that all technology, formulae, procedures, processes, methods, writings, ideas, dialogue, compositions, recordings, teleplays, and video productions prepared for, written for, submitted to the Customer and/or used in connection with this Audit Work Order, shall be wholly original to NORESCO and shall not be copied in whole or in part from any other source, except that submitted to NORESCO by Customer as a basis for such services. 7. OWNERSHIP AND REUSE OF DOCUMENTS (a) The original of all documents, including but not limited to; drawings, calculations, test results, recommendations, technical specifications, renderings, exhibits, models, prints, photographs, or other materials prepared by the NORESCO shall be and remain the property of the Customer. PAGE 24 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 (b) Reuse of the design and/or corresponding contract documents or portions thereof by the Customer shall be limited to the Customer and for the benefit of the Customer. When reuse is contemplated, all title blocks and references to NORESCO shall be removed from drawings unless written consent for reuse is given by NORESCO. The Customer shall defend, indemnify and hold NORESCO, its officers, employees and agents harmless from and against any and all liability, loss, expense, attorneys’ fees, or claims or injury or damages arising out of the reuse of the design and / or corresponding contract documents or portion thereof without the written consent of NORESCO. (c) If within two (2) years of the Customer’s termination of this Audit Work Order, after receipt of a positive cash-flow DEA but without entering into a Construction Work Order with NORESCO, the Customer proceeds with installation of ECMs of a type or design similar to those proposed by NORESCO’s DEA, (other than normal daily operational improvement) with another energy services provider or company or Customer self-performs, then the Customer shall pay NORESCO the amount of $_______as a development fee (“Development Fee”) to compensate NORESCO for use of NORESCO’s concepts, systems and trade secrets, and for NORESCO’s development and lost opportunity costs for this Project. This fee is in addition to the amounts identified in Section 3 above. 8. TERMINATION (a) Customer may, at any time, for any reason, terminate this Audit Work Order after first providing ten (10) calendar days’ written notice. In the event of such termination, Customer shall pay NORESCO within thirty (30) calendar days of such termination for the full reasonable value of its services including direct and indirect costs, expenses, overhead and profit not to exceed the rates indicated in paragraph 3. (c) Upon receipt of notification, NORESCO shall stop all work. Segments of partially completed work may be completed during the 30-day period only at the written direction of the Customer and NORESCO shall be compensated fairly for this work. The total compensation paid shall not exceed the amount due according to Paragraph 3. (d) NORESCO may, at any time, for any reason, terminate this Audit Work Order after first providing thirty (30) calendar days’ notice. In this event, Customer is not obligated to compensate NORESCO for services. NORESCO may terminate this Audit Work Order in the event of breach by Customer of any material provisions including, but not limited to, payment. Written notice by NORESCO shall contain the reasons for such intention to terminate and unless within thirty (30) calendar days after service of such notice the condition or violation shall cease, or satisfactory arrangements for the correction thereof be made, this Audit Work Order shall upon the expiration of the thirty (30) calendar days cease and terminate. In the event of such termination for cause, Customer shall be responsible for NORESCO’s fees incurred to date at the rate indicated in paragraph 3. 9. LIMITATION OF LIABILITY Notwithstanding any other provision of this Agreement, NORESCO, its officers, employees, agents, affiliates, or subcontractors’ aggregate liability in contract, tort, or otherwise, without limitation, under this Audit Work Order, shall in all cases be limited to the sum of the payments to be received by NORESCO under Section 3 of this Audit Work Order. Except as otherwise expressly provided herein, no Party nor its respective officers, directors, agents, employees, parent, subsidiaries or affiliates or their officers, directors, agents or employees shall be liable, irrespective of whether such claim of liability is based upon breach of warranty, tort, (including negligence, PAGE 25 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 whether of any of the Parties to this Audit Work Order or others), strict liability, contract, operation of law or otherwise, to any other Party, or its parent, subsidiaries, affiliates, officers, directors, agents, employees, successors or assigns, or their respective insureds, for incidental, indirect, punitive or consequential damages, connected with or resulting from performance or non-performance of this Audit Work Order, or anything done in connection therewith including, without limitation, claims in the nature of lost revenues, income or profits (other than payments expressly required and properly due under this Audit Work Order), and increased expense of, reduction in or loss of power generation production or equipment used therefor. 10. INSURANCE Insurance types and limits shall be in accordance with CUSTOMER requirements. General Liability Insurance: Including Bodily Injury and Property Damage Liability, Independent Contractors Liability, Contractual Liability, Product Liability and Completed Operations Liability in an amount not less than $1,000,000 combined single limit, per occurrence, and $2,000,000 aggregate. Workers’ Compensation: Statutory limits are required. Automobile Liability: For contractors and vendors who will drive on the Property, Automobile Liability in an amount not less than $1,000,000 per occurrence for bodily injury and property damage, including owned, hired and non-owned vehicle coverage. Other Insurance Coverage That May Be Required depending on what NORESCO is hired to do: Professional Liability: Not less than $6,000,000 per claim and aggregate to be maintained for the duration of the agreement and three years following its termination. o This insurance requirement applies when a supplier has a professional designation or license and/or is providing professional services. The minimum limit for architects and engineers is $7,000,000 per claim and in the aggregate and may be increased depending upon the nature of the services to be provided to the University. Umbrella or Excess Liability Coverage: Not less than $5,000,000 per occurrence and in the aggregate. o This coverage typically sits above the underlying General Liability, Automobile Liability and Employer’s Liability policies. Depending upon the scope and work to be performed in the proposed agreement, this policy may be required in order for the contractor or vendor to be able to meet the minimum insurance requirements. Cyber Risk Insurance: Not less than $2,000,000 per claim to be maintained for the duration of the agreement and three years following its termination. o This insurance requirement applies when a third party will be using, storing or accessing private, confidential or protected information. Environmental Liability: Not less than $2,000,000 per claim and in the aggregate. o This insurance requirement applies when a contractor, subcontractor or vendor will be performing environmental clean-up work (decontamination/remediation), will be working with hazardous substance or waste, or may have similar such exposures while performing work under the proposed agreement. Higher limits of environmental liability coverage may be required depending upon the scope of work. PAGE 26 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 11. ASSIGNMENT NORESCO shall not assign this Audit Work Order in whole or in part to any unaffiliated party without first obtaining the consent of Customer, which consent shall not be unreasonably withheld. Notwithstanding the above, NORESCO may assign its rights under this Audit Work Order to any affiliated company of NORESCO upon providing prior written notice to Customer. 12. COMPLIANCE WITH APPLICABLE LAWS NORESCO agrees to comply with all applicable federal, state and local laws, rules, regulations and ordinances that are now applicable to NORESCO, NORESCO’s business, equipment and personnel engaged in operations covered by this Audit Work Order. 13. PERMITS/LICENSES NORESCO and all NORESCO’s employees or agents shall secure and maintain in force such permits and licenses as are required by law in connection with the furnishing of services pursuant to this Audit Work Order. NORESCO may subcontract engineering services to a licensed professional engineer. 14. AFFIRMATIVE ACTION EMPLOYMENT NORESCO agrees that it will not engage in unlawful discrimination in employment of persons because of race, color, religious creed, national origin, ancestry, physical handicap, marital status, or sex of such persons. 15. NON WAIVER The failure of Customer or NORESCO to seek redress for violation of, or to insist upon, the strict performance of any term or condition of this Audit Work Order, shall not be deemed a waiver by that party of such term or condition, or prevent a subsequent similar act from again constituting a violation of such term or condition. 16. NOTICE All notices or demands to be given under this Audit Work Order by either party to the other, shall be in writing and given whether by: (a) personal service or (b) by U.S. Mail, mailed either by registered or certified mail, return receipt requested, with postage prepaid. Service shall be considered given when received if personally serviced or if mailed on the third day after deposit in any U.S. Post Office. The address to which notices or demands may be given by either party may be changed by written notice given in accordance with the notice provisions of this section. At the date of this Audit Work Order, the addresses of the parties are as follows: CUSTOMER NORESCO ________________________________ David G. Mannherz ________________________________ NORESCO, LLC ________________________________ Executive Vice President ________________________________ One Research Drive, Suite 400C ________________________________ Westborough, MA 01581 17. SEVERABILITY If any term, condition or provision of this Audit Work Order is held by a court of competent jurisdiction to be PAGE 27 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 invalid, void, or unenforceable, the remaining provisions, will nevertheless continue in full force and effect, and shall not be affected, impaired or invalidated in any way. 18. GOVERNING LAW The terms and conditions of this audit Work Order shall be governed by the laws of state of Georgia without regard to conflicts of law principles. 19. VENUE In the event of litigation, jurisdiction shall be in United States District Court and venue shall be in the state of Georgia. 20. FORCE MAJEURE If either party shall be unable to carry out any part of its obligations under this Audit Work Order (except Customer’s obligation to make payments when due) due to causes beyond its control ("Force Majeure"), including but not limited to an act of God, strikes, lockouts or other industrial disturbances, acts of public enemies, orders or restraints of any kind of the government of the United States or any state or any of their departments, agencies, or officials, or any other civil governmental, transportation delays, military or judicial authority, war, blockage, insurrection, riot, sudden action of the elements, fire, explosion, flood, earthquake, storms, drought, landslide, or explosion or nuclear emergency, this Audit Work Order shall remain in effect but the affected party's obligations shall be suspended for a period equal to the disabling circumstances, provided that: (i) the non-performing party gives the other party prompt written notice describing the particulars of the Force Majeure, including but not limited to the nature of the occurrence and its expected duration, and continues to furnish timely regular reports with respect thereto during the period of Force Majeure; (ii) the suspension of performance is of no greater scope and of no longer duration than is required by the Force Majeure; (iii) no obligations of either party that arose before the Force Majeure causing the suspension of performance are excused as a result of the Force Majeure; (iv) the non-performing party uses reasonable efforts to remedy its inability to perform; and (v) the Term of this Agreement, at NORESCO's option, shall be extended for a period equal to the number of days that the Force Majeure prevented the non-performing party from performing. 21. SCOPE OF AUDIT WORK The ESCO agrees to provide the services under the terms set forth in the above-identified Project to include the buildings listed below. Additional buildings and/or infrastructure as well as additional savings/revenue streams may be added by mutual agreement of the Parties. Building Address PAGE 28 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 I. GENERAL A. General Expectations: The purpose of the DEA is to provide an investment grade analysis that defines and quantifies the size, scope, savings, payback, and firm cost for each energy and water conservation measure (“ECM”) that is recommended by NORESCO for implementation. B. Deliverable: The DEA findings shall be presented to Augusta-Richmond County in a presentation and if accepted will be detailed in a proposed Construction Work Order (CWO) in the format prescribed in Exhibit C and subsequent Attachments. PAGE 29 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 EXHIBIT C CONSTRUCTION WORK ORDER NO. 1. This Construction Work Order No. (“Construction Work Order”), executed between NORESCO and Customer and dated , is issued pursuant to Section 1(a) of the Energy Services Agreement (“ESA”) dated , between NORESCO and Customer. 2. The terms applicable to this Construction Work Order are set forth in the ESA and include all attachments referenced in the ESA. 3. Customer hereby requests that NORESCO complete the Construction Work described in this Construction Work Order and NORESCO agrees to complete the Construction Work described in this Construction Work Order. By signing below, the Parties agree to the terms of this Construction Work Order. NORESCO, LLC Signature: Printed Name: Title: Date: Augusta-Richmond County Signature: Printed Name: Title: Date: PAGE 30 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 ATTACHMENT A PROPERTY DESCRIPTION TO BE DETERMINED PAGE 31 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 ATTACHMENT B SCOPE OF SERVICES DESCRIPTION OF THE ENERGY EFFICIENCY MEASURES AND THE EQUIPMENT The following is a brief description of the ECMs and related equipment to be installed by NORESCO at the Property. [Description] PAGE 32 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 ATTACHMENT C EQUIPMENT LEASE DOCUMENTS (TO BE PROVIDED) PAGE 33 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 ATTACHMENT D Intentionally left blank. PAGE 34 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 ATTACHMENT E-1 DELIVERY AND ACCEPTANCE CERTIFICATE UPON SUBSTANTIAL COMPLETION Customer hereby acknowledges receipt of the Energy Conservation Measure(s) (the "ECM(s)") described in the applicable Attachment B to the Energy Services Agreement (the "Agreement") between Customer and NORESCO, as fully installed and in good working condition, which are listed and attached hereto. Customer hereby accepts the ECM(s) listed hereto after full inspection thereof as satisfactory for all purposes of the Agreement. Customer agrees to make the related payment(s) to NORESCO as set forth in Section 4 of the Agreement. Substantial Completion Date: ECM(s): Date Accepted by Customer: Accepted for: Customer Accepted by: Name:_______________________________ Title:______________________________ Note: ECM(s) to which this Delivery and Acceptance Certificate relates is/are attached hereto. PAGE 35 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 ATTACHMENT E-2 FINAL DELIVERY AND ACCEPTANCE CERTIFICATE FINAL ACCEPTANCE OF PROJECT Customer hereby acknowledges Final Acceptance of all Energy Conservation Measures (the "ECMs") described in the applicable Attachment B to the Energy Services Agreement (the "Agreement") between Customer and NORESCO. The date of Final Acceptance is the date certified by the Customer that the Work has been installed, functionally tested and all punchlist items completed in accordance with the Contract Documents, so that the Customer has possession of the Work and can use it for its intended use. Customer hereby accepts the ECMs listed hereto after full inspection thereof as satisfactory for all purposes of the Agreement. Customer agrees to make the required payment(s) to NORESCO as set forth in Section 4 and Attachment G of the Agreement. Date Accepted by Customer: Accepted for: Customer Accepted by: Name:_______________________________ Title:______________________________ Note: ECMs to which this Delivery and Acceptance Certificate relates are attached hereto. PAGE 36 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 ATTACHMENT F GUARANTY OF ENERGY COST SAVINGS 1. DEFINITIONS When used in this Agreement, the following capitalized words shall have the meaning ascribed to them below: “Baseline Period” is the period of time that defines the Baseline Usage and is representative of the facilities operations, consumption, and usage that is used as the benchmark for determining cost avoidance. “Baseline Usage” is the calculated energy usage of the Facilities prior to the implementation of the ECMs. “Baseline Demand” is the calculated energy demand of a piece of equipment or a site prior to the implementation of the ECMs. Baseline physical conditions, such as equipment counts, nameplate data, and control strategies, will typically be determined through building occupancy, energy end-use survey and plug load surveys of the Facilities. “Cumulative Excess Verified Savings” is the total amount of Excess Verified Savings based on the results of the Measurement & Verification Plan in the Guaranteed Savings Reconciliation Report carried over to subsequent Guaranty Periods. “Energy and Operational Cost Avoidance Guarantee Practices” are those practices identified in The Schedule of Savings, intended to achieve avoided costs in energy and/or operating expenses. “Energy Costs” may include the cost of electricity and fuels to operate HVAC equipment, cogeneration system, facility mechanical and lighting systems, and energy management systems, and the cost of water and sewer usage, as applicable. “ECM” the Energy Conservation Measure (ECM) is the installation of equipment or systems, or modification of equipment or systems as described in Attachment B. “Excess Verified Savings” is the amount of Verified Savings minus Guaranteed Savings in a Guaranteed Period. “Facilities” shall mean those described in Attachment A. “F.E.M.P.” shall mean the Federal Energy Management Program of the U.S. Department of Energy and its Measurement and Verification Guidelines for Federal Energy Projects (DOE/GO 10096-248, February 1996, or later versions). The F.E.M.P. guidelines classify measurement & verification approaches as Option A, Option B, Option C, and Option D. “First Guarantee Period” is defined as the period beginning on the first (1st) day of the month following the date of execution of the Delivery and Acceptance Certificate (Attachment E-2) upon Final Acceptance of this Project by the Customer and ending on the day prior to the first (1st) twelve-month anniversary thereof. “Guarantee Period” is defined as the First Guarantee Period and each of the successive twelve (12) month periods commencing on the anniversary of the commencement of the First Guarantee Period throughout the Term of this Agreement. “Guaranteed Savings” is defined as the amount of avoided Energy and Operational Costs guaranteed to the CUSTOMER in each Guarantee Period. “Guaranteed Savings Reconciliation Report” is defined as the process and report for determining the Verified Savings in each Guarantee Period and reconciling it to the Guaranteed Savings in the same Guarantee Period. PAGE 37 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 “IPMVP” shall mean the International Performance Measurement and Verification Protocol and its Measurement and Verification Guidelines for energy savings performance contract projects. The IPMVP guidelines classify measurement & verification approaches as Option A, Option B, Option C, and Option D. “Measurement and Verification Plan” (M&V Plan) is defined as the plan providing details on how the Guarantee Savings will be verified. “Operational Costs” shall include the cost of operating and maintaining the Facilities, such as, but not limited to, the cost of inside and outside labor to repair and maintain Covered Systems and Equipment, the cost of custodial supplies, the cost of replacement parts, the cost of deferred maintenance, the cost of lamp and ballast disposal, and the cost of new capital equipment as defined for each ECM in Section 4, Schedule of Values. “Term” shall be ______ (X) years from acceptance. “Verified Savings” is the defined as the summation of avoided Energy and Operational Costs as determined by the Measurement & Verification Plan for the Facilities in each Guarantee Period as a result of the ECMs provided by NORESCO as well as Excess Verified Savings, if any carried forward from previous years. 2. TERM AND TERMINATION 2.1 Guarantee Term. The Term of this Guarantee shall commence on the first (1st) day of the month following the date of execution of the Final Delivery and Acceptance Certificate (Attachment E-2) upon Final Acceptance of this Project by the Customer and shall terminate at the end of ____ years unless terminated earlier as provided for herein. 2.2 Guarantee Termination. Should this Agreement be terminated (including, as applicable, the Maintenance or Measurement & Verification Services) in whole or in part for any reason prior to the end of the Term, the Guaranteed Savings for the Guarantee Period in which such termination becomes effective shall be prorated as of the effective date of such termination, with a reasonable adjustment for seasonal fluctuations, if any, in Energy and Operational Costs, and the Guaranteed Savings for all subsequent Guarantee Periods shall be null and void. 3. SAVINGS GUARANTEE 3.1 Guaranteed Savings: The following table lists the amount of Guaranteed Savings resulting from the ECMs to be installed by NORESCO. Year $ Amount 3.1.1 Additional Savings. Additional energy and/or operational cost avoidance that can be demonstrated as a result of NORESCO’s efforts that result in no additional costs to Customer beyond the costs identified in this PAGE 38 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 Agreement will be included in the Guarantee Savings Reconciliation Report for the applicable Guarantee Period (s). 3.1.2 Savings Prior to Final Retrofit Acceptance. All energy and operational cost avoidance realized by Customer and as calculated through the Measurement & Verification Plan that result from activities undertaken by NORESCO prior to Final Acceptance may be applied to the Verified Savings for the First Guaranty Period. 3.1.3 Cumulation of Savings. The Guaranteed Savings in each Guarantee Period are considered satisfied if the Verified Savings for such Guarantee Period equals or exceeds the Guaranteed Savings for such Guarantee Period. 3.1.4 Savings Shortfalls. In the event that the Verified Savings in any Guarantee Period is less than the Guaranteed Savings required for that Guarantee Period, after giving credit for any Excess Verified Savings carried forward from previous Guarantee Periods, NORESCO shall, upon receipt of written demand from Customer, compensate Customer the amount of any such shortfall, limited by the value of the guarantee, within thirty (30) calendar days. Resulting compensation shall be NORESCO’s sole liability for any shortfall in the Guaranteed Savings. 3.2 Savings Reconciliation Documentation. NORESCO will provide Customer with a Guarantee Savings Reconciliation Report after each Guarantee Period within 120 days. Customer will assist NORESCO in generating the savings reconciliation report by providing NORESCO’s receipt thereof, together with access to relevant records relating to such Energy and Operating Costs. Customer will also assist NORESCO by permitting access to any energy billing information, maintenance records, drawings, or other data deemed necessary by NORESCO to generate the said report. Data and calculations utilized by NORESCO in the preparation of its Guarantee Savings Reconciliation Report will be made available to Customer, along with such explanations and clarifications as Customer may reasonably request. 3.2.1 Acceptance of Guarantee Savings Reconciliation Report. At the end of each Guarantee Period, Customer will have forty-five (45) days to review the Guarantee Savings Reconciliation Report and provide written notice to NORESCO of non-acceptance of the Guarantee Savings Reconciliation Report for that Guarantee Year. Failure to provide written notice within forty-five (45) days of the receipt of the Guarantee Savings Reconciliation Report shall constitute the deemed acceptance of the Report and its findings by the Customer. 3.2.2 Guarantee Savings Reconciliation. Verified Savings will be determined in accordance with the methodology(s), operating parameters, formulas, and constants as described below and/or defined in the Measurement & Verification Plan and/or additional methodologies defined by NORESCO that may be negotiated with Customer at any time. Actual savings reduction in utility bills may vary from the Verified Savings for reasons outside of NORESCO’s control including but not limited to: changes in energy and other utility rates and tariffs, changes in Customer operating schedules and usage patterns, changes in Customer loads due to addition or reductions in energy and water consuming devices, changes in weather, impacts due to the operations of ECMs, impacts due to the maintenance of ECMs maintained by Customer, and additions to and/or reduction in facility space usage. For the purposes of calculating any shortfalls or excesses of Verified Savings versus Guaranteed Savings, the Measurement & Verification Plan will be utilized. 3.2.3 Activities and Events Adversely Impacting Savings. Customer must promptly notify NORESCO of any activities known to Customer, which adversely impacts NORESCO’s ability to realize the Guaranteed Savings and NORESCO shall be entitled to reduce the Guaranteed Savings by the amount of any such adverse impact to the extent that such adverse impact is beyond NORESCO’s reasonable control. 3.2.4 Guarantee Adjustment. NORESCO’s Guaranteed Savings obligations under this Agreement are contingent upon: (1) Customer following the operations and maintenance requirements for the ECMs in accordance with the Agreement; (2) no alterations or additions being made by the Customer without prior notice and written agreement of the Parties; (3) Customer sending all current utility bills to NORESCO within two (2) weeks after receipt; and (4) NORESCO’S ability to render services not being impaired by circumstances beyond PAGE 39 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 its control. To the extent that the Customer defaults or fails to perform fully any of its obligations under this Agreement, NORESCO may, in its sole discretion, adjust the Guaranteed Savings obligation; provided, however, that no adjustment hereunder shall be effective unless NORESCO has first provided the Customer with written notice of Customer’s default(s) or failure(s) to perform and Customer has failed to cure its default(s) and failure(s) to perform within thirty (30) days after receipt of such notice. 3.2.5 Energy Rates. TO BE DETERMINED. 4. MEASUREMENT & VERIFICATION PLAN 4.1 Measurement and Verification. NORESCO and the Customer agree that the Verified Savings will be determined using the following Measurement and Verification Plan. Through this plan, the Guaranteed Savings generated by the ECMs installed in the Facilities will be verified found in NORESCO’s Detailed Energy Audit dated ______, as may be amended the Parties. Measurement & Verification Plan: NORESCO and the Customer agree that the Verified Savings by ECM will be determined using the following Measurement & Verification plans further described in this section. Through this plan, the guaranteed savings generated by the ECMs installed in the Facilities will be validated. The M&V methodologies proposed for these ECMs are based on the version 2.2 of the F.E.M.P. Measurement and Verification Guidelines. The objective of the plan is to quantify the actual electrical and fossil fuel and compare those to the specific Baseline Usage for each Facility, the difference of which is the Verified Savings. During the term of the Agreement, NORESCO will make adjustments to energy savings due to changes in building occupancy, weather data, and utility rate schedules, etc. The unit costs of energy will be applied to the energy savings calculated by this M&V plan. Current utility cost will be used as a basis for determining the unit cost, with floor and ceiling prices set by baseline rate information, presented herein this Attachment. 4.2 M&V Descriptions: TO BE DETERMINED PAGE 40 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 ATTACHMENT G CONTRACT COST AND ANNUAL SERVICES (a) Customer agrees to pay to NORESCO, the amount equal to the Project Cost, as listed below, in accordance with the terms described in Section 4 of the Agreement. The proposed monthly progress payments shall be substantially the same as those found in Attachment G-1, Proposed Progress Payments, attached hereto. Project Cost = $x,000,000 Proposed Monthly Progress Payments are attached hereto as Attachment G-1. (b) Maintenance Fee: Customer shall pay NORESCO for annual (monthly) maintenance provided under this Agreement that the Parties mutually agree to have NORESCO perform. Customer agrees to pay the annual (monthly) Maintenance Fee as provided for below with respect to such agreed upon services. [Maintenance Fee(s)] (c) Measurement & Verification Fee: Customer shall pay NORESCO for annual (monthly) measurement and verification services provided under this Agreement that the Parties mutually agree to have NORESCO perform. Customer agrees to pay the annual (monthly) Measurement & Verification fee as provided for below with respect to such agreed upon services. Year 1 M&V Fee: Year 2 M&V Fee: XXXXXXXX (d) Performance Period Fee: The annual performance period fee shall be the sum of the Maintenance Fee and the Measurement and Verification Fee. Customer agrees to pay the following Performance Period Fees. Year Annual Amount 1 2 3 4 5 PAGE 41 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 ATTACHMENT H CHANGE ORDER FORM (Request & Agreement for Change in Plans and/or Specifications and/or Contract) Change Request No. Customer: Department: Project No. Contract No. Site: Title: I. REQUEST Date: (a) Requested by Of (b) Description of change II. NORESCO’s AGREEMENT For all costs involved in this change including extensions of time herein requested NORESCO proposes to perform the work described in accordance with the provisions of the subject Agreement and certifies that the attached cost data is accurate, complete and current, and mathematically correct. Payment shall be made on the basis of: If necessary, attach detailed estimates and breakdown for above in accordance with change order instruction. A claim for work performed under protest may be submitted in writing. An extension of contract time of calendar days to is requested. NORESCO by Date: CUSTOMER APPROVAL: Date: Contract Award $ Customer__________________________ Previous Additions $ Previous Deductions $ By:_______________________________ Net Total $ Title:______________________________ This Change $ Total $ PAGE 42 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 ATTACHMENT I MAINTENANCE SERVICES Maintenance services provided by NORESCO are limited to annual oversight activities as described in the M&V Plan in the Detailed Energy Audit dated , as may be amended by the Parties. Oversight activities are limited to annual confirmation that the Customer continues to operate, maintain, and repair the ECMs in a manner consistent with contract requirements to ensure the persistence of guarantees savings over the term of the Project. NORESCO shall submit an annual report indicating the results of its maintenance oversight functions. PAGE 43 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 ATTACHMENT J NORESCO INSTALLED EQUIPMENT PAGE 44 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 ATTACHMENT K STANDARDS OF SERVICE PAGE 45 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 ATTACHMENT L FORM OF CUSTOMER’S APPROVAL OF SAMPLE OR SPECIFICATIONS Augusta-Richmond County 535 Telfair St Augusta, GA 30901 SUBMITTAL REVIEW PROJECT: Energy Services PROJECT LOCATION: ____________________________________________________ SUBMITTAL: ____________________________________________________ SUBMITTED BY: NORESCO, LLC Checking is only for general conformance with the design concept of the Project and general compliance with the information given in the contract documents. Any action shown is subject to the requirements of the plans and specifications. NORESCO is responsible for dimensions which shall be confirmed and correlated at the job site; fabrication processes and techniques of construction; coordination of their work with that of all other trades; and the satisfactory performance of their work. NO. DATE DESCRIPTION ACTION ACTION: 1. No Exception Taken 2. Rejected 3. Make Corrections Noted 4. Revise and Resubmit 5. Submit Specified Item 6. See Remarks REMARKS: Request for Qualifications Request for Qualifications will be received at this office until Thursday, December 6, 2018 @ 3:00 p.m. for furnishing: RFQ 18-314 Turn-Key Performance Based Services to Implement Energy Saving Measures for Augusta, GA – Utilities 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. A Mandatory Pre Qualifications Conference will be held on Friday, November 16, 2018 @ 10:00 a.m. in the Procurement Department, 535 Telfair Street, Room 605, Augusta, GA 30901. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Tuesday, November 20, 2018, @ 5:00 P.M. No RFQ will be accepted by fax, all must be received by mail or hand delivered. No RFQ may be withdrawn for a period of sixty (60) days after qualifications have been opened, pending the execution of contract with the successful vendor. 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. 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 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 GERI A. SAMS, Procurement Director Publish: Augusta Chronicle October 25, November 1, 8, 16, 2018 Metro Courier October 25, 2018 OFFICIAL VENDORS Attachment "B" E-Verify Number SAVE Form Addendum 1 Original 7 Copies Noresco 1453 Greene St., Suite C Augusta, GA 30901 Yes 419872 Yes Yes Yes Yes Siemens Industry, Inc. 474 Following Wells Rd. Martinez, GA 30907 Yes 397117 Yes Yes Yes Yes SmartWatt Energy, Inc. 3 Rosell Drive Ballston Lake, NY 30127 Yes 848998 Yes Yes Yes Yes AECOM 106 Newberry Street SW Aiken, SC 29801 Yes 411650 Yes Yes Yes Yes Ameresco 3525 Piedmont Rd., Building 7, Suite 350 Atlanta, GA 30305 Yes 221708 Yes Yes Yes Yes Johnson Controls 1350 Northmeadow Pkwy Suite 100 Trane 804 Trane RD Augusta, GA 30909 Honeywell 3223 Sunset Blvd Suite 101 West Columbia, SC 29169 Total Number Specifications Mailed Out: 18 Total Number Specifications Download (Demandstar): Total Electronic Notifications (Demandstar): Total Nubmer Specifications Mailed to Local Vendors: Pre Qualifications Conference Attendees: 11 Total packages submitted: 5 Total Noncompliant: 0 No Bid Response RFQ #18-314 Turn-Key Performance Based Services to Implement Energy Saving Measures for the Augusta, GA – Augusta Utilities Department RFQ Due: Thursday, December 6, 2018 @ 3:00 p.m. Page 1 of 1 Noresco 1453 Greene St., Suite C Augusta, GA 3090 Siemens Industry, Inc. 474 Following Wells Rd. Martinez, GA 30907 SmartWatt Energy, Inc. 3 Rosell Drive Ballston Lake, NY 30127 AECOM 106 Newberry Street SW Aiken, SC 29801 Ameresco 3525 Piedmont Rd., Building 7, Suite 350 Atlanta, GA 30305 Noresco 1453 Greene St., Suite C Augusta, GA 3090 Siemens Industry, Inc. 474 Following Wells Rd. Martinez, GA 30907 SmartWatt Energy, Inc. 3 Rosell Drive Ballston Lake, NY 30127 AECOM 106 Newberry Street SW Aiken, SC 29801 Ameresco 3525 Piedmont Rd., Building 7, Suite 350 Atlanta, GA 30305 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 2. Qualifications & Experience (0-5)20 5.0 4.7 4.2 4.0 4.0 100 93 83 80 80 3. Organization & Approach (0-5)15 5.0 5.0 5.0 5.0 5.0 75 75 75 75 75 4. Scope of Services: Firms ability to provide audit, engineering, project development, and construction services to install energy savings facility projects, project management, commissioning and programming services, on-going savings measurement, monitoring, verification and guarantee services necessary to achieve and maintain energy and operational savings. (0-5)25 5.0 4.7 4.7 4.7 4.7 125 117 117 117 117 5. Financial statements and equipment statement (0-5)10 5.0 5.0 5.0 5.0 5.0 50 50 50 50 50 6. References (0-5)5 5.0 5.0 5.0 5.0 5.0 25 25 25 25 25 Within Richmond County 5 10 5 50 0 0 0 0 Within CSRA 5 6 5 5 0 30 0 30 0 Within Georgia 5 4 0 0 0 0 0 Within SE United States (includes AL, TN, NC, SC, FL) 5 2 5 0 0 0 0 10 All Others 5 1 5 0 0 5 0 0 30.0 29.3 28.8 28.7 28.7 425 390 355 377 357 8. Presentation by Team (0-5)10 0 0 0 0 0 9. Q&A Response to Panel Questions (0-5)5 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 30.0 29.3 28.8 28.7 28.7 425 390 355 376.6666667 356.6666667 Vendors Phase 1 Total - (Total Maximum Ranking 30 - Maximum Weighted Total Possible 425) Phase 1 RFQ #18-314 Turn-Key Performance Based Services to Implement Energy Saving Measures for the Augusta, GA – Augusta Utilities Department Evaluation Meeting: Wednesday, February 13, 2019 @ 3:00 p.m. Scale 0 (Low) to 5 (High) Ranking of 0-5 (Enter a number value between 0 and 5)Weighted Scores 7. Proximity to Area (only choose 1 line according to location of the company - enter the ranking value for the one line only) Procurement DepartmentRepresentative:_______Nancy Williams____________________________________ Procurement Department Completion Date: 2/13/19 Phase 2 (Option - Numbers 8-9) (May not Receive Less Than a 3 Ranking in Any Category to be Considered for Award) Internal Use Only Total Cumulative Score (Maximum point is 500) Evaluator: Cumulative Date: 2/13/19 Total Phase 2 (Total Maximum Ranking 10- Maximum Weighted Total Possible 75) Engineering Services Committee Meeting 10/29/2019 1:10 PM Utilities Department Energy Services Department:Utilities Presenter:Tom Wiedmeier Caption:Award RFQ#18-314, Turnkey Performance Based Services to Implement Energy Savings Measures to Noresco, LLC. Background:AUD solicited statements of qualifications for firms to provide energy audit and savings implementation services for its facilities. We sought firms with specific expertise in the water and wastewater industry. Noresco , LLC was deemed the highest qualified firm of the seven submitters . Analysis:Noresco will evaluate AUD’s facilities and present opportunities for energy savings; we will select which opportunities we would like to implement. Noresco will then present a budget to design and implement the selected measures. The package of selected energy savings measures will be brought back to the Commission for funding approval. Projects will be selected with favorable payback periods, so that the cost of implementation will be offset by energy savings. Financial Impact:No cost at this time; funding of selected projects will be presented to the Commission for approval. If projects suggested are not implemented, a fee for engineering services, not to exceed $500,000 would be incurred. Alternatives:The Commission could elect to not proceed with this project. Recommendation:We recommend that the agreement with Noresco, LLC be approved. Funds are Available in the Following Accounts: Fund 506 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission