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HomeMy WebLinkAbout2020-02-25 Meeting Minutes Public Safety Committee Meeting Commission Chamber - 2/25/2020 ATTENDANCE: Present: Hons. D. Williams, Chairman; Garrett, Vice Chairman; B. Williams and Sias, members. Absent: Hon. Hardie Davis, Jr., Mayor. PUBLIC SAFETY 1. Presentation from Mr. Michael S. Tomaszewski relative to First Responder rehabilitation and Valor Station. Item Action: None Motions Motion Type Motion Text Made By Seconded By Motion Result Mr. Tomaszewski did not appear before the committee. 2. Presentation from Mr. Patrick Cullinan relative to First responder rehabilitation and Valor Station. 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 Sammie Sias Commissioner Brandon Garrett Passes 3. Richmond County Sheriff's Office is requesting approval of funding to support the Georgia Emergency Management Agency (GEMA) Region #5 Chemical, Biological, Radiological, Nuclear, Explosive (CBRNE) team. The amount is $22,400.00. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Bobby Williams Commissioner Brandon Garrett Passes 4. Accept an award in the amount of $17,500.00 from the Department of Homeland Security for the Richmond County Sheriff's Office Bomb K-9 Unit. The monies will assist RCSO in sustaining the Bomb-K-9. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Bobby Williams Commissioner Brandon Garrett Passes 5. Motion to approve the allocation of funding for the Richmond County Sheriff's Office (RCSO) in the amount of $69,000.00 to implement the Department of Homeland (DHS) State Homeland Security Grant Program. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Bobby Williams Commissioner Brandon Garrett Passes 6. Motion to approve the minutes of the Public Safety Committee held on February 11, 2020. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Commissioner Bobby Williams Commissioner Brandon Garrett Passes Motion Passes 4-0. 7. Motion to accept as information emergency procurement for the demolition of former Dents Funeral Home. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Bobby Williams Commissioner Brandon Garrett Passes 8. Motion to approve the award of Bid Item #20-128 Furniture and Exercise Equipment for New Fire Station 2 to Modern Business Furniture and authorize the Mayor to execute the appropriate documents. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Sammie Sias Commissioner Brandon Garrett Passes www.augustaga.gov Public Safety Committee Meeting 2/25/2020 1:10 PM Attendance 2/25/20 Department: Presenter: Caption: Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: AGENDA ITEM REQUEST FORM commission meetings: First and third ruesdays of each month - 2:00 p.m.committee meetings: second and rast Tuesdays of each month - l:00 [.m. commission/committee: (prease check one and insert meeting date) Commission Date of Meetingv Public Safety Commiffee Date of Meeting Tuesdav. Februarv 2 Sth,2O2OPublic Services Committee Administrative Services Committee Engineering Services Committee Finance Committee Date of Meeting Date of Meeting Date of Meeting Date of Meeting Contact Information for Individuar/presenter Making the Request: Nlme: Michael S. Tomaszewski Address: 459 Creek Ridge. Martinez GA 30907 Telephone Number: 706-951-9291 laxNrlmberlE-Mail Address: tAFF3357@qmait.com Caption/Topic of Discussion to be placed on the Agenda: Please send this request form NIs. Lena J. Bonner Clerk of Commission Suite 220 Municipal Building 535 Telfair Street Augusta, GA 30901 to the following address: Telephone Number: 7 06-821,-1820 Fax Number: 706-821-1838 E-MaitAddress: nmorawski@augustaga.gov Requests may be faxed, e-mailed or delivered in person and must be received in the ClerkrsOffice no later than 5:00 p.m. on the Wednesday preceding the Commission meeting and5:00 p.m. on the Tuesday preceding the Committee meeting of the following week. A five-minute time limit will be allowed for presentationf. From: Sent: To: Cc: Subject: Attachments: IAFF 3357 < iaff3357@gmail.com> Monday, February 3,2020 3:02 PM Nancy Morawski Lena Bonner;Walter Dix;Anthony Moody; Patrick Cullinan IEXTERNALI Agenda ltem Requests I Public Safety Committee Meeting February 25th, 2020 agendaitemrequestform- Patrick-Cu I li na n-2-3 -20 -lor-2-25-2O.pdf; agenda itemreq uestform-M ichael-Tomaszewski -2 -3-20-f or -2-25 -ZO.pdt Good afternoon Mrs. Marawski Please forward this request as needed to: Ms. Lena J. Bonner Clerk of Commission Suite 220 Municipal Building 535 Telfair Street Augusta, GA 30901 Attached are 2 completed "Agenda ltem Request Forms" that I am submitting per the instructions found @ https://www.aueustaea.sov/535/Agenda-Item-Requests. Please either add Patrick and myself to the Public Safety Meeting Agenda for February 25th,2020. Both Patrick and I would like to speak / present separately to the Public Safety Committee regarding First Responder Rehabilitation and Valor Station. Please let myself and or Patrick know if you have any questions. Thank you for your diligence in this matter. Michael S. Tomaszewski President Augusta Firefi ghters Associations IAFF Local# 3357 INOTICE: This message originated outside of the City of Augusta's mail system -- DO NOT CLICK on links, open attachments or respond to requests for information unless you are sure the content is safe.l Public Safety Committee Meeting 2/25/2020 1:10 PM Mr. Michael S. Tomaszewski Department: Presenter: Caption:Presentation from Mr. Michael S. Tomaszewski relative to First Responder rehabilitation and Valor Station. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: AGENDA ITEM REQUEST FORM Commission meetings: First and third Tuesdays of each month - 2:00 p.m. Committee meetings: Second and last Tuesdays of each month - 1:00 p.m. Commission/Committee: (Please check one and insert meeting date) Commission Date of Meeting Tuesday. February 18th,2020 Public Safety Committee Date of Meeting Public Services Committee Date of Meeting Administrative Services Committee Date of Meeting Engineering Services Committee Date of Meeting Finance Committee Date of Meeting Contact Information for IndividuaUPresenter Making the Request: Name: patrick Cullinan Address: 4858 Whitehall Dr, Evans GA 30909 TelephoneNumber: 706-533-3352 Fax Number: E-Mail Address: pcrrilinan@sspha org Caption/Topic of Discussion to be placed on the Agenda: Presentation to the commission on the tooic of First Resoonder rehabilitation and Valor Station Please send this request form to the foltowing address: Ms. Lena J. Bonner Telephone Number: 706-821-1520 Clerk of Commission Fax Number: 70G821-1838 Suite 220 Municipal Building E-Mail Address: nmorawski@augustaga.gov 535 Telfair Street Augusta, GA 30901 Requests may be faxed, e-mailed or delivered in person and must be received in the Clerk,s Office no later than 5:00 p.m. on the Wednesday preceding the Commission meeting and 5:00 p.m. on the Tuesday preceding the Committee meeting of the following week. A five- minute time limit will be allowed for presentations. Public Safety Committee Meeting 2/25/2020 1:10 PM Mr. Patrick Cullinan Department: Presenter:Mr. Patrick Cullinan Caption:Presentation from Mr. Patrick Cullinan relative to First responder rehabilitation and Valor Station. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Public Safety Committee Meeting 2/25/2020 1:10 PM Accept an award from Georgia Emergency Management Agency (GEMA) in the amount of $22,400.00 to enhance the Richmond County Sheriff’s Office Response Team Department:Richmond County Sheriff’s Office (RCSO) Presenter: Caption:Richmond County Sheriff's Office is requesting approval of funding to support the Georgia Emergency Management Agency (GEMA) Region #5 Chemical, Biological, Radiological, Nuclear, Explosive (CBRNE) team. The amount is $22,400.00. Background:In 2015 RCSO was designated by GEMA as the response team for Region #5 for a CBRNE Incident. RCSO will respond to a tactical hazardous material incident in the 25 county region which requires a specialized response and the equipment to handle the response. If the requested funding amount is approved RCSO will purchase specialized equipment to respond to tactical HazMat response Analysis:None Financial Impact:This is a 100% reimbursable grant. Upon completion of purchases, RCSO will submit reimbursement request to GEMA. Alternatives:None Recommendation:Approve funding request for $22,400.00 to maintain response team. Funds are Available in the Following Accounts: Fund 220 -100% Reimbursable from grant REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Public Safety Committee Meeting 2/25/2020 1:10 PM Accept an award from Georgia Emergency Management Agency (GEMA) in the amount of $17,500 to enhance the Richmond County Sheriff’s Office Bomb Canine Unit Department:Richmond County Sheriff’s Office (RCSO) Presenter: Caption:Accept an award in the amount of $17,500.00 from the Department of Homeland Security for the Richmond County Sheriff's Office Bomb K-9 Unit. The monies will assist RCSO in sustaining the Bomb-K-9. Background:The Department of Homeland Security through the Georgia Emergency Management Agency (GEMA) has awarded $17,500.00 to the Richmond County Sheriff's Office Bomb K-9 Unit to assist in sustaining the unit. The RCSO K-9 Unit will use the monies to purchase supplies, food, equipment, and medical expenses for the Bomb K-9 dogs. Analysis:none Financial Impact:This is a 100% reimbursable grant. Upon completion of purchases, RCSO will submit reimbursement request to GEMA. Alternatives:none Recommendation:Accept the award of $17,500.00 from the Department of Homeland Security to assist in sustaining the RCSO Bomb K-9 program. Funds are Available in the Following Accounts: Fund 220 -100% Reimbursable from grant REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Public Safety Committee Meeting 2/25/2020 1:10 PM Accept an Award from Georgia Emergency Management Agency (GEMA) in the amount of $69,000.00 to enhance the Richmond County Bomb Unit Department:Richmond County Sheriff’s Office (RCSO) Presenter: Caption:Motion to approve the allocation of funding for the Richmond County Sheriff's Office (RCSO) in the amount of $69,000.00 to implement the Department of Homeland (DHS) State Homeland Security Grant Program. Background:The RCSO was awarded a grant through DHS in the amount of $69,000.00 to enhance the EOD (Bomb disposal) Unit. The grant is administered by the Georgia Emergency Management Agency (GEMA). RCSO will use this funding to purchase specialized equipment used by the bomb technicians to respond to bomb emergencies. Analysis:RCSO will purchase the specialized equipment for the EOD Unit Financial Impact:This is a 100% reimbursable grant, when expenditures are made, RCSO will submit request for reimbursements to GEMA for payment. Alternatives:None Recommendation:Allocate funding in the amount of $69,000.00 to allow RCSO to implement the DHS Homeland Security Grant Program. Funds are Available in the Following Accounts: Fund -100% Reimbursable from grant REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Public Safety Committee Meeting Commission Chamber - zllllzozo ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; D. Williams, Chairman; Garrett, Vice Chairman; B. Williams and Sias, members. PUBLIC SAFETY 1. Presentation from Mr. Michael S. Tomaszewski relative to First Responder Item rehabilitation and Valor Station. Action: Rescheduled Made Seconded Motion By By Result Unanimous consent is given to reschedule this presentation to the next committee meeting. 2. Presentation from Ivk. Patrick Cullinan relative to First responder Item rehabilitation and Valor Station. Action: Rescheduled Motions f#:" Motion rext Motions f#:'" Motion rext Made Seconded MotionBy By Result Unanimous consent is given to reschedule this presentation to the next committee meeting. 3. Accept the partnership with Fix Georgia Pets in 2020. Augusta Animal Item Services was chosen by Fix Georgia Pets to receive an award in the amount of Action: $15,000 to use for spay/neuter operations in2019 and offer free spay/neuter Approvedfor Return to Owner animals that have reproduced or may be bied in the future, ultimately impacting our future intake numbers. Motions Motion ^ r rn Motion:""'"" Motion Text Made By Seconded By Result'l'ype Motion to Approve ffi3,"o#ru,.., ;:iltT'i;iffi, ;:ffili}l,lil, passes 4-0. 4. Motion to approve the minutes of the Public Safety Committee held on Item January 28,2A20. Action: Approved Motions $otion Motion Text Made By seconded By Motion r ype 'rrv' I lat rrreu! vJ Result Motion to Approve il5i,o#*u,,., ;:iltT'S',i,ffi, 3:ffii}1iii,ffi;, passes 4-0. www.auqustaqa.gov Public Safety Committee Meeting 2/25/2020 1:10 PM Minutes Department: Presenter: Caption:Motion to approve the minutes of the Public Safety Committee held on February 11, 2020. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: EMERGENCY PROCUREMENT Demolition of Dent's Funeral Home 930 D'Antignac Street Augusta, GA 30901 Pursuant of a structure fire on Saturday, February'J,,2020 at Dent's Funeral Home,930 D'Antignac Street, Augusta, GA 30901 and finding human remains at that location has generated an Emergency procurement in accordance to Sec. 1-10-57. Emergency procurement selection method of the Augusta, Georgia Procurement Code. The Fire Department (the lead agency) is in need of a demolition crew to support and or assist one or morefire crews needed to search the Dent's Funeral Home building because of a fire on Saturday, February 1,2020. The fire investigation discovered human remains. The Coroner is concerned that there may be additional human remains in the building but the building is currently unsafe for the fire crews to perform aproper search. We are in need of a demolition company having a large track hoe that can grapple with the ability to take down parts of the structure bit-by-bit to make it safe and potentially moving some debris withinthe structure to allow an immediate, proper sdarch. After which, the Augusta Fire Department and or the Land Bank will provide authorization as to wheh the contractor can dispose the debris. Contractor is to assume Asbestos is present. The lead agency is Augusta, Georgia Fire Department - contact lnformation: Chief Reid - 706 836-1740 or 7A6799-9604 Captain Cook - 706 77t-280s The Demolition Contractor is Thompson Building Wrecking Company, lnc. - Contact information 631 11th Street Augusta, GA 30901 Marcus Thompson - 706 833-491r. (celt) or 706722-L4g2 (office) Bryan Albright - 706 833-G522 (Ceil) lnvoicins. Contractor shall submit invoices to the Land Bank identifuing this Agreement and the amountpayable. Note: The Land Bank is responsible for the payment. Payment of undisputed amounts shall be due and payable thirty (30) days after Augusta's receipt of the invoice. Bid ltems 20-900 Demolition of partial Demolition of: Dent's Funeral Home 930 D'Antignac St. Augusta, GA 30901 Work Begins - February 3,2020 Page I of 13 1. Pursuant to our conversation this morning, Monday, February 3,2020, Thompson agrees: That Thompson Building Wrecking Company, !nc. has: (alThe ability, capacity and skill of bidder to perform required seruice. (b) Whether bidder can perform service promptly or within specified time. (c) The character, integrity, reputation, judgment, experience and efficiency of bidder. (d)The performance of previous contracts. (e) The suitability of equipment or material for Augusta use. (f) The ability of bidder to provide future maintenance. Thompson is responsible for examining the location of the proposed work and determining, in their own way, the difficulties, which are likely to be encountered in the prosecution of the same. Thompson will secure all permits, license certificates, inspections (permanent and temporary) and business license tax certificate, if applicable, before any work can commence. Contractor is to assume Asbestos is present. Thompson is responsible for complying with all applicable state and federal (OSHA) laws governing asbestos materials removal and disposal. The contractor removing and disposing of the asbestos will be state certified in removing and disposing of the material. The contractor must be licensed by the State of Georgia for asbestos/hazardous waste abatement. a. Personnel shall be trained as required and made thoroughly familiar with the safety precautions, procedures, and equipment required for controlling the potential hazards associated with this work. b. Provide verification that Contractor, on-site supervisors, workers, and the independent testing laboratory performing Asbestos Abatement Activities are properly trained in safety procedures associated with handling Regulated Asbestos Containing Materials (RACM). c. Work associated with Hazardous/Regulated Materials shall be performed at appropriate Personal Protection Level as defined by the Occupational Safety and Health Administration (osHA). d. Areas where Asbestos Abatement Activities are conducted should be appropriately restricted. The contractor shall ensure that any person having access to the work area has any required asbestos training. e. The Contractor shall ensure that the project notification form (Asbestos Abatement or Demolition Project Notification Form) is submitted as required by EPD for an Emergency Demolition Project, including payment of any applicable fees. Contractor is responsible for insuring that the form is completed correctly and as accurately as possible. Bid ltem 20-900 EMERGENCY Demolition: Dent's Funeral Home 930 D'Antignac Street, Augusta, GA 30901 Work Begins - February 3,2020 Page 2 of 13 2. 3. 4. SECTION ll: TIMELINE Emergency Demolition: 1. Begin work with today, Monday, February 3,2O2O, per the Augusta Fire Department. 2. Thompson (the Contractor) and the Augusta Fire Department shall attend a pre-demolition site meeting to be held today, Monday, February 3,2020 at 930 D'Antignac Street. During this meeting, site specific issues will be discussed. 3. Complete excavation and loading of debris as per the Augusta Fire Department. 4. Complete all demolition activities including clean up and site finishing per the Augusta Land Bank and or the Augusta Fire Department. A. Thompson (the Contractor) shall provide their Business License Number, Asbestos State License Number and E-Verify Number no later than Friday, February t4,2O2O. ln addition, written proof of general liability insurance and a standard workmen's compensation policy, is also required not later than, February 14,2020 by 5:00 p.m. Contractor shall, at alltimes that this Agreement is in effect, cause to be maintained in force and effect an insurance policy(s) that will ensure and indemnify the City against liability or financial loss resulting from injuries occurring to persons or property or occurring as a result of any product defect, or negligent error, act, or omission of the Contractor in performance of the work during the term of this Agreement. Contractor shall provide, at all times that this Agreement is in effect, insurance with limits of not less than 5500,000. B. lt is undetermined, at this time, whether utility services are disconnected. SECTION lV: SITE PREPARATION A. Demolition shall be executed in an orderly and careful manner and shall not involve undue hazards to the general public or unnecessary risks to workers. During the course of all work on the site, all Contractors and authorized Subcontractors must wear appropriate safety equipment including hard hats and high visibility clothing or vests. Conduct demolition operations and remove debris to ensure minimum interference with roads, streets, walks, and other adjacent properties. Ensure safe passage of people around demolition area and minimize exposure to dust and flying debris. The contractor shall adhere to the Manual for Uniform Traffic Control Devices for all vehicular and pedestrian detours around their construction zone. 1. Erect temporary protection such as walks, fences, railings, canopies, and covered passageways, where required by authorities having jurisdiction. When required, fences and barriers should be a minimum of four feet high. 2. The barricades shall extend no further than four feet from the inside of the street curb. 3. ln cases where scaffolding or other physical barricade is constructed due to proximity of demolition to nearby structures or pedestrians, utilize tarps, canopies, or other physical barrier to limit the spread of dust. 4. There shall be no storage of debris or equipment on the street at any time. 5. Do not close or obstruct streets or walks without permission from Augusta. Bid ltem 20-900 EMERGENCY Demolition: Dent's Funeral Home 930 D'Antignac Street, Augusta, GA 30901 Work Begins - Februry 3,2020 Page 3 of 13 c. D.The Contractor shall perform all work in a manner to ensure maintenance of fences, warning signs, lights and danger signals intended for the protection of life and property, along all adjacent streets and walks. Signs must be posted during all phases of demolition to prevent trespassing. Prohibit heat sources, flames, ignition sources, and smoking within or near adjacent properties. Must comply with Federal, State and local laws and rules related work performed to include OSHA. SECTION V!: DEMOIITION A. Contractor shall clear the parcel as requested by the Augusta, Fire Department as described in the scope of this emergency request. Any questions regording whot should or should not be removed will be discussed during the Pre- Demolition meeting ond on site. B. Conduct demolition operations to prevent injury to community residents and workers, and damage to adjacent buildings and facilities. L. Locate demolition equipment throughout the building and remove debris and materials so as not to impose excessive loads on supporting walls, floors, or framing. 2. Remove structural framing members to ground to avoid free fall and to prevent ground impact and dust generation. Claw bucket excavators are required in Augusta for demolition activities. Use of explosives is not permitted. lntentional burning of wood, debris or existing structures is not permitted. From the commencement of the Work until the final completion of the Work, the Contractor shall ensure that no building or structure is left in a precarious or dangerous condition that may cause direct harm to nearby residents at any time. SECTION Vll: DEMOLITION WASTE AND DEBRIS REMOVAT A. Load-out of demolition debris shall be completed within forty-eight (48) hours after knockdown of sections identified by the Augusta Fire Department. All debris, as allowed by Georgia EPD, shall go to Augusta's Subtitle D, MSW sanitary landfill, located at 4330 Deans Bridge Road, Blythe, GA 30805, unless otherwise approved or directed by Augusta. Copies of the landfill receipts for every load removed from the project site must be maintained for each day and made available for inspection as requested. Allgenerated materials and waste manifests shall be furnished to Augusta or its authorized representative. Augusta shall be responsible for all disposal fees related to materials accepted at its Subtitle D, MSW sanitary landfill located at 4330, Deans Bridge Road, Blythe, GA 30805. L. Each load must have proper paperwork. Bid ltem 20-900 EMERGENCY Demolition: Dent's Funeral Home 930 D'Antignac Street, Augusta, GA 30901 Work Begins - February 3, 2020 Page 4 of 13 E. F. 3. 4. 5. c. D. E. F. Allexcess material (e.g., demolition rubbish, debris) and equipment (e.g., barricades, scaffolds etc.) used by the Contractor shall be promptly removed from the premises when no longer required for completion of the Work. The Contractor shall be responsible for obtaining approval for transportation and disposal of waste in compliance with applicable EPA, Federal, Georgia and DOT regulations. Clean adjacent buildings, driveways, and improvements of dust, dirt and debris caused by demolition operations. Return adjacent areas to condition existing before start of demolition. Any debris or sedimentation deposited in the road right-of-way shall be promptly removed by the Contractor at the Contractors expense. No sedimentation on the road will be allowed. An Open Hole lnspection is required after all demolition debris, vegetation, trash, topsoil, wet and unsatisfactory soil, and other deleterious materials from all disturbed ground surfaces have been removed from the site. 1. All requests for inspections must be made at least twenty-four (24) hours prior to the date of the requested inspection. SECTION Vlll: SITE FINISHING Site Finishing will be the responsibility of the Land Bank. The finishing will include but not limited to: Earthwork, Stockpiling, Execution of Excavation and Backfill, Grading, Seeding and Watering SECTION lX: POST DEMOIITION AND PAYMENT REQUEST All documentation must be submitted on organization's letterhead or appropriate Augusta provided form for any payment to be processed. Request for Payment Packet must include: 1. The Contractor shall provide a detailed bill for the property. Such bill shall be on Contractor letterhead and include the date, property address of the demolition, the amount of the invoice. 2. Unconditional waivers of lien from yourself, as well as all Subcontractors who performed work on the project. Form attached. 3. Documentation of abatement activities and waste disposal in compliance with Environmental lnspection Report or authorized change orders. a. Asbestos quantity shee! b. A copy of the disposal manifest and/or shipping papers used to dispose of materials/wastes from each disposal/recycling facility with load description and time stamps. 4. Documentation of origin of backfill and topsoil sources, and certification or analytical data where appropriate, verifying material is uncontaminated. Form attached. 5. Seed tags identifying correct seed used per specification. Bid ltem 20-900 EMERGENCY Demolition: Dent's Funeral Home 930 D'Antignac Street, Augusta, GA 30901 Work Begins - Febil ry 3,2020. Page 5 of 13 G: H. THOMPSON HIRAM E. THOMPSON President MARCUS THOMPSON Vice President rySON THOMPSON Vice President February 4,2020 BUILDING WRECKING CO, INC. 631 Eleventh Street P.O. Box 932 Augusta, Georgia 30903 Phone; (7061722-1432 Fax: (706) 7224253 Commercial Demolition Equipment Rental Grading / Clearing ATTN: Augusta Georgia Land Bank Authority City of Augusta Procurement Office Phone: 706-849-3737 (office) 912-675-2723 (cell) Email : s.edwards@augustaga.gov; gsams@augustaga.gov; t.johnson@augustaga.gov; REF: TURNKEY DEMOLITION QUOTE: DEMOLISH, REMOVE & HAUL TO RICHMOND COUNTY SOLID WASTE FACILITY, BURNED FUNERAL HOME LOCATED AT 930 DANTIGNAC STREET, AUGUSTA GA 30901 We at Thompson Building Wrecking Co. are pleased to submit our proposal to perform the demolition and removal for the project referenced above. TURNKEY DEMOLITION QUOTE AS FOLLOWS: . QUOTE INCLUDES:o BULK REMOVAL PROJECT, WHICH MAY INCLUDE ASBESTOS CONTAINING MATERIALSo ACQUIRING LOCAL AND STATE DEMOLITION PERMITSo FILING EMERGENCY GA EPD NOTIFICATIONSo ALL PROPER INSURANCEo ROUGH GRADES SITE AT COMPLETIONo SEED & STRAW SITE $ 48,800.00 (Richmond County will cover all disposal costs) ln addition, this quote includes Thompson Building Wrecking Company providing the manpower, supervision, tools, equipment, disposal fees, permits and insurance necessary to start and complete this demolition project in a timely and professional manner. Work began 0210312020, at the request of the City Augusta Procurement Office and Fire Chief, and work will be completed within 10 working days. Payment will be due upon completion. We are glad to provide our services for this very urgent project. Should there be any questions or if I can be of further help please don't hesitate to call. lf this quote is , please consider it a contract and return a signed and dated copy. Z-6'ZoZ-o pson, VP Date Augusta GA Land Bank Authority Date From:Nancy He To:Lisa G. Williams; Geri Sams; Sheila Paulk Cc:Shawn Edwards Subject:RE: 930 Dantignac Date:Wednesday, February 05, 2020 10:48:54 AM Please charge to the account number 101075251-1119110. Thanks, Nancy From: Lisa G. Williams <lwilliams@augustaga.gov> Sent: Wednesday, February 5, 2020 10:33 AM To: Nancy He <MHe@augustaga.gov> Subject: Fw: 930 Dantignac FYI Lisa Augusta, Georgia Land Bank Authority (AGLBA) 1450 Greene Street, Suite #80, Augusta, Georgia 30901 Office Phone: 706-849-3737 lwillliams@augustaga.gov "Alone we can do so little; together we can do so much." -Helen Keller- From: Shawn Edwards <s.edwards@augustaga.gov> Sent: Wednesday, February 5, 2020 10:19 AM To: Lisa G. Williams <lwilliams@augustaga.gov> Subject: Fwd: 930 Dantignac Please give Sheila an account number for this demolition.Thanks Shawn Edwards,Executive Director Augusta Georgia Land Bank Authority1450 Greene Street, Suite 80 Augusta, Georgia 30901 From: Geri Sams <gsams@augustaga.gov> Sent: Tuesday, February 4, 2020 4:56:19 PM To: Shawn Edwards <s.edwards@augustaga.gov>; Sheila Paulk <SPaulk@augustaga.gov> Cc: Jody M. Smitherman <JSmitherman@augustaga.gov>; Wayne Taylor <btaylor@augustaga.gov> Subject: RE: 930 Dantignac OK Thanks Geri A. Sams Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 (706) 821-2422 www.augustaga.gov/Procurement From: Shawn Edwards <s.edwards@augustaga.gov> Sent: Tuesday, February 4, 2020 4:12 PM To: Geri Sams <gsams@augustaga.gov>; Sheila Paulk <SPaulk@augustaga.gov> Cc: Jody M. Smitherman <JSmitherman@augustaga.gov>; Wayne Taylor <btaylor@augustaga.gov> Subject: Re: 930 Dantignac Yes ma’am. Chris and Sheila got me straight on what’s needed. I will have an account number to you via Lisa tomorrow for the demolition costs.Thank you. Shawn Edwards,Executive Director Augusta Georgia Land Bank Authority1450 Greene Street, Suite 80 Augusta, Georgia 30901 From: Geri Sams <gsams@augustaga.gov> Sent: Tuesday, February 4, 2020 3:38:44 PM To: Shawn Edwards <s.edwards@augustaga.gov>; Sheila Paulk <SPaulk@augustaga.gov> Cc: Jody M. Smitherman <JSmitherman@augustaga.gov>; Wayne Taylor <btaylor@augustaga.gov> Subject: RE: 930 Dantignac We (Procurement) can’t authorize the removal of debris. However, the Fire Department has that authority. Environmental Services has authorize the Procurement Department to provide load tickets to Thompson for disposal. Waiting for Thompson to let us know how many load tickets are needed as they are ready for pickup. Geri A. Sams Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 (706) 821-2422 www.augustaga.gov/Procurement From: Shawn Edwards <s.edwards@augustaga.gov> Sent: Tuesday, February 4, 2020 12:27 PM To: Sheila Paulk <SPaulk@augustaga.gov> Cc: Geri Sams <gsams@augustaga.gov> Subject: 930 Dantignac Good afternoon,I left a message for you with the front desk about a call we got from Thompson Building and Wrecking regarding their land fill ticket. Mr. Thompson is saying he received a request tohurriedly get on site to assist the coroner’s office to remove debris connected to this fire at the old funeral home. But he’s asking for a land fill ticket to take several bins of debris theyalready have ready to go. Is this something that Procurement can get to them quickly since there seems to be somepressure to get the trucks dumped and back? Please advise and thank you.Shawn Edwards, Executive DirectorAugusta Georgia Land Bank Authority 1450 Greene Street, Suite 80Augusta, Georgia 30901 This e-mail contains confidential information and is intended only for the individual named. If you are not the named addressee, youshould not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail bymistake and delete this e-mail from your system. The City of Augusta accepts no liability for the content of this e-mail or for theconsequences 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 ofAugusta. E-mail transmissions cannot be guaranteed to be secure or error-free as information could be intercepted, corrupted, lost,destroyed, arrive late or incomplete, or contain viruses. The sender therefore does not accept liability for any errors or omissions in thecontent of this message which arise as a result of the e-mail transmission. If verification is required, please request a hard copy version.AED:104.1 Public Safety Committee Meeting 2/25/2020 1:10 PM Motion to accept as information emergency procurement for the demolition of former Dents Funeral Home Department:Fire/Land Bank Presenter: Caption:Motion to accept as information emergency procurement for the demolition of former Dents Funeral Home. Background:On Saturday, February 1, the building formerly operated as Dent’s Funeral Home (a Landbank property), caught fire and became engulfed such that it was a complete loss. There was one body found in the building on Saturday at a location that was accessible and was unable to be identified due to the extent of the damage to the body from the fire. However, due to the unsafe nature of the burnt building, a thorough search could not be performed. The Fire Department received a call from the Coroner on Sunday, February 2, requesting that a thorough search of the building be performed as there were several homeless individuals from that area that could not be accounted for and that were known to stay at the building. On Sunday, February 2, the Fire Department contacted the Landbank to inform them of the Coroner’s request and notify them that a demolition crew would be necessary in order for the Fire Department to conduct the search safely and verify that they had a funding source. On Monday, February 3, the Fire Department contacted the Procurement Department to determine how to proceed in this matter. Procurement contacted potential vendors and awarded based on resources availability including crew and equipment. Analysis:Estimated cost of demolition is $48,000 which will be paid by the owner, the Land Bank Authority. Financial Impact:Funds available from the Landbank account Alternatives:payment may be made by Augusta and the funds are reimbursed to Augusta by the Land Bank Authority Recommendation:Accept as information Funds are Available in the Following Accounts: Landbank account REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Invitation to Bid Sealed bids will be received at this office until Tuesday, January 21, 2020 @ 11:00 a.m. for furnishing for: Bid Item #20-128 Furniture and Exercise Equipment for New Fire Station 2 – for Augusta, Georgia – Fire Department Commodity Code: 011-420-00, 011-425-00 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. A Mandatory Pre Bid Conference will be held on Friday, January 3, 2020 @ 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, January 7, 2020 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference an eligible bidder must submit a completed and signed written application to become a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project. An eligible bidder who fails to submit an application for approval as a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project, and who otherwise meets the requirements for approval as a local bidder, will not be qualified for a bid preference on such eligible local project. 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 December 12, 19, 26, 2019, January 2, 2020 Metro Courier December 12, 2019 OFFICIAL Vendors Attachment "B"E-Verify SAVE Form Addendums 1-2 Grand Total Projected Delivery (Weeks after Notice of Award) Modern Business Equipment DBA Modern Business Systems 1445 Greene Street Augusta, GA 30901 Yes 139296 Yes Yes $100,094.93 10-12 weeks Weinbergers Business Interiors 3023 Riverwatch Pkwy., Suite G Augusta, GA 30907 Yes 296310 Yes Yes $100,745.14 3-4 weeks HA Office 515, INC. 1582 Stoneleigh Hill Rd. Lithonia, GA 30058 No Bid Response Promaxima 314 W Farm Rd 68 Springfield, MO 658803 Not Eligible / Non-Compliant CWC Office Furnishings 1201 George C Wilson Dr. Augusta, GA 30909 Georgia Correctional Industries 2984 Clifton Springs Rd Decatur, GA 30034 Total Number Specifications Mailed Out: 15 Total Number Specifications Download (Demandstar): Total Number Vendors Notified (Demandstar): Georgia Procuement Registry: Mandatory Pre-Bid Conference Attendees: 8 Total Packages Submitted: 4 Bid Opening Bid Item #20-128 Furniture and Exercise Equipment for New Fire Station 2 for Augusta, GA - Fire Department Bid Date: Friday, January 31, 2020 @ 11:00 a.m. Page 1 of 1 DRAFT CONTRACT TO PURCHASE FURNITURE AND EXERCISE EQUIPMENT This Contract to Purchase Furniture and Exercise Equipment for Station 2 (hereinafter referred to as "Contract") is made and entered into by and between Augusta, Georgia, a political subdivision of the State of Georgia, by and through its Board of Commissioners (hereinafter referred to as "Augusta”), whose address is 535 Telfair Street Augusta, Georgia 30901, and Modern Business Furniture (hereinafter referred to as "Vendor"), whose physical address is 1445 Greene Street, Augusta, Georgia 30901. WHEREAS, Augusta desires and is able to contract with a qualified and experienced vendor to provide quality Furniture and Exercise Equipment to the Augusta Fire Department for its newly constructed Fire Station #2; WHEREAS, Augusta issued a Request for Bids # 20-128 (hereinafter referred to as "Bid Item # 20-128”) for this purpose; WHEREAS, Vendor responded to Bid Item # 20-128 and has represented to Augusta that it is experienced and qualified to provide quality Furniture and Exercise Equipment to Augusta; and WHEREAS, Augusta has relied on Vendor's response and Vendor was chosen as the most responsive bidder based on its submittal thereto. NOW, THEREFORE, in consideration of the foregoing, the provisions contained herein, and the mutual benefits derived here from, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Vendor and Augusta agree as follows: l. Deliverables. Vendor shall provide Augusta with Furniture and Exercise Equipment and comply with all the terms, conditions, and requirements of this Contract and all the terms, conditions, and specifications contained in Bid Item # 20-128 and Vendor’s Response to Bid Item # 20-128 incorporated herein by reference thereto, within the time specified in this Contract. 2. Performance Standards. Vendor shall provide quality Furniture and Exercise Equipment that meets or exceeds all performance requirements and specifications as set forth in Bid Item # 20-128 and Vendor’s Response and must meet or exceed the current standards approved at time of delivery. 3. Term. This Contract shall commence as of the date executed by Augusta, Georgia, hereinafter referred to as “Commencement Date” and shall have an initial term of one (1) year. Page 2 of 11 4. Fees and Expenses. In consideration of Vendor performing its obligations under this Contract, Augusta will pay Vendor pursuant to the Official Bid Tabulation Sheet created from Vendor’s response to Bid Item # 20-128 for its work described in Bid Item # 20-128, provided proper invoices have been submitted by Vendor as prescribed in this Contract. 5. Invoicing and Payment. Vendor will submit invoices, in a form acceptable to Augusta. Furniture and Exercise Equipment shall be inspected upon delivery to meet Augusta's approval. All invoices shall be submitted within thirty (30) calendar days after Augusta's acceptance of delivery. Each invoice shall reference the purchase order number assigned to this Contract. Augusta shall pay Vendor, within thirty (30) days of receipt of said invoices, any undisputed amounts are contingent upon Vendor's satisfactory performance of this Contract. Notwithstanding anything in the Bid or Vendor's proposal, Augusta shall have the right to withhold or deduct payments in the event of Vendor's nonperformance. All invoices shall be addressed to: Augusta Fire Department Fire Administration 3117 Deans Bridge Road Augusta, GA 30906 6. Georgia Prompt Pay Act. The terms of this Contract supersede any and all provisions of the Georgia Prompt Pay Act. 7. Defective Pricing. To the extent that the pricing provided by Vendor is erroneous and defective, the parties may, by a properly executed Amendment, correct pricing errors to reflect the intent of the parties. 8. Changes, Additions, Deletions. Augusta 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 Vendor's compensation, shall be mutually agreed upon by and between Augusta and Vendor, in a written Amendment to the Contract, which Amendment shall be incorporated herein by reference thereto. No claim for damages for anticipated profits shall accrue to the Vendor. Vendor acknowledges that any changes that involve an increase in the compensation shall be considered major, and require the approval of Augusta. 9. Qualifications. Vendor represents and warrants that it has the necessary knowledge, experience, abilities, skills, resources and capacity to perform its obligations under this Contract, and agrees to perform its obligations under this Contract in a professional manner, consistent with prevailing industry standards and practices. 10. Licenses, Permits, Compliance with Law. Vendor represents and warrants that it has all licenses and permits necessary to conduct its business and perform its obligations under this Page 3 of 11 Contract, and agrees to comply with all applicable federal, state and local statutes, regulations, codes, ordinances and policies in performing its obligations under this Contract. 11. Delivery. The Vendor shall deliver the Furniture and Exercise Equipment to Augusta within 10-12 weeks of notice of selected vendor. Vendor understands and agrees that time is of the essence and is an essential term of this Contract. A qualified individual representing the manufacturer shall instruct the entire division in the proper operation, care and maintenance of the equipment upon delivery. A schedule will be set up that is agreeable to both parties, but will be conducted at the Augusta Fire Department newly6 constructed Fire Station #2. The manufacturer shall supply a hard copy of all operation and maintenance manual (hard copy) in addition to any electronic medium (DVD/CD) for each piece of furniture and exercise equipment. Installation and users manuals for all additional components shall also be included. 12. Liquidated Damages. Vendor agrees to pay as liquidated damages to Augusta, the sum of $100.00 for each consecutive full calendar day Vendor has failed to meet the delivery of Furniture and Exercise Equipment under this Contract. Penalty of $100.00 per day, per unit will apply for Furniture and Exercise Equipment not meeting this criterion; provided, however, that liquidated damages in the aggregate should not exceed ten percent (10%) of the purchase price. The parties agree that these provisions for liquidated damages are not intended to operate as penalties for Breach of Contract. The liquated damages set forth above are not intended to compensate Augusta for any damages other than inconvenience and loss of use or delay in use of the Furniture and Exercise Equipment. The existence or recovery of such liquidated damages shall not preclude Augusta from recovering other damages in addition to the payment made hereunder which Augusta can document as being attributable to the documented Vendor's failure. In addition to other costs that may be re-couped, Augusta may include costs of personnel and assets used to coordinate, inspect and re-inspect the Furniture and Exercise Equipment within this Contract as well as attorney fees, if applicable. 13. Specified Excuses for Delay or Non-Performance. Neither Augusta nor Vendor shall be liable for any delay in the performance of this Contract, nor for any other breach for any loss or damage arising from uncontrollable forces such as fire, theft, storm, war, or any other force major that could not have been reasonably avoided by the exercise of due diligence. 14. Temporary Suspension or Delay of Performance of Contract. To the extent that it does not alter the scope of this Contract, Augusta my unilaterally order a temporary stopping of the work or delaying of the work to be performed by Vendor under this Contract. Page 4 of 11 15. Termination for Convenience. Either party shall have the right to terminate this Contract, in part or in whole, by giving written notice to the other party of such termination, specifying the effective date thereof, at least sixty (60) days before the effective date of such termination. 16. Termination for Cause. If through any cause, the Vendor fails to fulfill its obligations under this Contract in a timely manner, or if the Vendor shall violate any of the covenants, agreements or stipulations of this Contract, Vendor will be given seven (7) days written notice to correct said breach of Contract. Failure to correct said breach of Contract by Vendor, (including, but not limited to, Vendor's services being deemed unsatisfactory by Augusta), Augusta shall have the right to terminate this Contract, by written notice to Vendor of such termination, specifying the effective date thereof, at least ten (10) days before the effective date of such termination. This Contract may be terminated immediately if Vendor fails to maintain insurance or fails to comply with the Workers' Compensation Act and applicable laws. 17. Survival. Notwithstanding anything in this Contract to the contrary, the provisions of Indemnification Section herein shall survive any expiration or termination of this Contract and each party shall remain obligated to the other party under all provisions of this Contract that expressly or by their nature extend beyond and survive the expiration or termination of this Contract. 18. Vendor's Insurance. Vendor 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 against liability or financial loss resulting from injuries occurring to persons or property or occurring as a result of any product defect, or negligent error, act, or omission of the Vendor in performance of the work during the term of this Agreement. Vendor 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 State of Georgia; B. Product 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) from damages on account of an occurrence, with an aggregate limit of One Million ($1,000,000) Dollars; and D. Commercial General Liability 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. Page 5 of 11 All policies shall provide a 30-day notice of cancellation to the named insured. The Certificate of Insurance shall provide the following cancellation clause: Should any of the above described policies be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions. The Certificate of Insurance shall include Augusta as an additional insured on the Commercial General Liability Policy when required by written contract. 19. Warranty. Vendor shall provide a warranty of not less than one year from the date of acceptance on Furniture and exercise equipment supplied to Augusta as set forth in Bid Item # 20-128 and Vendor’s Response to Bid Item # 20-128. The warranty shall ensure that the Furniture has been manufactured to the contract specifications and shall be free from defects in material and workmanship that may appear under normal use and service within the warranty period. This warranty may be subject to different time limitations for specific components and parts, which may carry longer warranties. The manufacturer shall either repair or replace any defective components or parts at the sole discretion of the manufacturer and without cost to Augusta when performed within the warranty period. Warranty repairs shall not constitute an extension of the original warranty period, for either the Furniture or any specific components or parts. This warranty shall be inclusive whether written, oral or implied, including but not limited to any warranty of merchantability or fitness for purpose. The warranty shall be void and the manufacturer shall not be obligated to repair or replace any component or part where the necessity of such replacement or repair, in the opinion of the manufacturer, is due in whole or in part to loads in excess of factory rated capacities, modification or alteration, accident or other misuse or abuse of the Furniture and exercise equipment. Under this warranty, the Vendor agrees to cover parts and labor to replace any part failure and repair all problems with the unit that fails due to normal use and wear and tear operations. The Vendor shall provide a “single Point of contact” to handle any and all warranty issues. Vendor shall provide a loaner machine within 24 hours of request for maintenance, on a one- for-one basis for any warranty repairs and warranty repairs shall be done onsite with the exception of units that need to be taken for “in-depth” /factor repair. Furniture and exercise equipment requiring factory service shall have a fourteen (14) day turnaround. 20. Indemnification. Vendor shall indemnify, hold harmless, protect and defend Augusta and its Commissioners, elected officials, trustees, officers, employees, agents, and representatives (the "Indemnified Parties") for, from and against any and all demands, claims, suits, damages, losses, liabilities, costs and expenses, including, but not limited to, court costs and attorneys' fees (the "Indemnified Matters"), of any nature whatsoever (including, but not limited to, damage to or loss of property, bodily injury or death), directly or indirectly arising out of or Page 6 of 11 in connection with Vendor's product or the performance of Vendor's obligations under this Contract. Vendor's indemnification obligations shall apply whether the Indemnified Matters are due in part to the concurrent fault or negligence of the Indemnified Parties or others, but shall not extend to such concurrent fault or negligence. Notwithstanding anything in this Contract to the contrary, the provisions of this Section shall survive any expiration or termination of this Contract and each party shall remain obligated to the other party under all provisions of this Contract that expressly or by their nature extend beyond and survive the expiration or termination of this Contract. Vendor's defense obligations shall be with attorneys approved by Augusta, which approval shall not be unreasonably withheld. 21. Records. Vendor shall maintain throughout the term of this Contract and for a period of seven (7) years thereafter records that indicate the date, time, and nature of the services rendered. Vendor shall make available for inspection by Augusta all records, books of account, memoranda, and other documents pertaining to Augusta, except medical records, at any reasonable time upon request. 22. Open Records. Vendor acknowledge that all records relating to this Contract 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.). Vendor shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. 23. Prohibition Against Contingent Fee. The Vendor warrants that no person or selling agency has been employed or retained to solicit or secure this Contract 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 Vendor for the purpose of securing business and that the Vendor has not received any non-Augusta fee related to this Contract without the prior written consent of Augusta. For breach or violation of this warranty, Augusta shall have the right to annul this Contract 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. 24. Non-Discrimination. During the performance of this Contract, Vendor shall comply with all federal and state non-discrimination laws, regulation and policies in the administration of this Contract. In the event of the Vendor's non-compliance or refusal to comply with nondiscrimination law, regulation, or policy in the administration of this Contract, this Contract may be rescinded, canceled or terminated in whole or in part, and the Vendor may be declared ineligible for further Contracts with Augusta. The Vendor shall, however, be given a reasonable time in which to correct any non-compliance. Page 7 of 11 25. Drug Free Workplace. Vendor will not engage in the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of this Contract. Furthermore, if Vendor is a Georgia based company and has more than one employee, including Vendor, Vendor shall provide for such employee(s) a drug-free workplace program, in accordance with the Georgia Drug-free Workplace Act, as provide in O.C.G.A. Section 50-24-1 et. seq. throughout the duration of this Contract. 26. Independent Vendor. The parties intend that Vendor's relationship to Augusta in providing Furniture and Exercise Equipment hereunder shall be that of an independent Vendor. Nothing in this Contract, nor any performance hereunder, is intended or shall be construed to create a partnership, joint venture or relationship of agency or employment between Augusta and Vendor. In providing Furniture and Exercise Equipment hereunder, Vendor shall represent itself to third parties as an independent Contractor to Augusta and shall not hold itself out as having any authority to obligate Augusta. Vendor shall have no authority for any complaints related to employment with Augusta, Georgia and has no authority to hire, fire, discipline or otherwise effect the terms and conditions of Augusta, Georgia employees, except as specifically set forth herein. 27. Title Assignment. Vendor does hereby assign, grant, and deliver to Augusta, and Augusta hereby accepts, the entire worldwide right, title, and interest of every kind and nature whatsoever in and to the deliverables under this Contract. 28. Power of Authority: Due Authorization: No Conflict; Enforceability. Each party represents and warrants to the other party that (i) such party has the power and authority to execute, deliver and perform its obligations under this Contract, (ii) the execution, delivery and performance of this Contract have been duly authorized by such party and do not and shall not conflict with any agreement or instrument to which it is bound, and (iii) this Contract constitutes the legal, valid and binding obligation of such party, enforceable against it in accordance with its terms. 29. Entire Agreement. This Contract, Bid Item # 20-128, and Vendor’s Response to Bid Item # 20-128, including any exhibits/amendments attached hereto, constitutes the entire agreement between the parties, and supersedes all prior and contemporaneous agreements, understandings and negotiations, with respect to the subject matter hereof. 30. Conflicting and Precedence. The Contract Documents are complementary and what is called for one is as binding as if called for by all. In the event there are any conflicting provisions or requirement in the component parts of this Contract, the several Contract Documents shall take precedence in the following order: Contract (including Exhibits and Attachments) Amendments to the Contract Page 8 of 11 Bid Item # 20-128 Vendor’s Response to Bid Item # 20-128 31. Severability. In the event any provision of this Contract is determined to be invalid or unenforceable, it is the desire and intention of the parties that such invalidity or unenforceability not invalidate or render unenforceable the remainder of the Contract and such provision be reformed and construed in such a manner that it will, to the maximum extent practicable, be deemed valid and enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly. Each party shall execute and deliver such further documents and take such further actions as may be required or reasonably requested by the other party to effectuate the purposes of this Contract. 32. No Assignment. This Contract may not be assigned or transferred, in whole or in part, by operation of law or otherwise, by either party without the prior written consent of the other party, and may not be amended or modified, by course of conduct or otherwise, except in a writing duly executed by each of the parties. 33. Acknowledgment. Vendor 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, Vendor is deemed to possess knowledge concerning Augusta's ability to assume contractual obligations and the consequences of Vendor's provision of goods or services to Augusta under an unauthorized Contract, amendment, modification, change order or other similar document, including the possibility that the Vendor may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Vendor agrees that if it provides goods or services to Augusta under a Contract that has not received proper legislative authorization or if the Vendor provides goods or services to Augusta in excess of the any contractually authorized goods or services, as required by Augusta's Charter and Code, Augusta may withhold payment for any unauthorized goods or services provided by Vendor. Vendor assumes all risk of non-payment for the provision of any unauthorized goods or services to Augusta, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, however characterized, including, without limitation, all remedies at law or equity. Any waiver of any provision of this Contract shall be in duly executed by the waiving party. The failure or delay by either party to seek redress for any breach or default under this Contract or to insist upon the strict performance of any provision of this Contract, shall not constitute a waiver thereof or of any other provision of this Contract, and such party shall have all remedies provided herein and at law and in equity with respect to such act and any subsequent act constituting the same. Page 9 of 11 34. Notifications. Any notices required under this Contract shall be made in writing, postage prepaid to the following addresses, and shall be deemed given upon hand deliver, verified delivery by telecopy (followed by copy sent by United States mail), or three (3) days after deposit in the United Stated Mail: Augusta: Fire Chief Augusta Fire Department Administration 3117 Deans Bridge Road Augusta, Georgia 30906 Courtesy copy to: General Counsel Augusta Law Department 535 Telfair Street, Building 3000 Augusta, Georgia 30901 Vendor: Modern Business Furniture 1445 Greene Street Augusta, Georgia 30901 35. Right to Inspect Premises. Augusta may, at reasonable times, inspect the part of the plant, place of business, or work site of Vendor or any subcontractor of Vendor or subunit thereof that is pertinent to the performance of any Contract awarded or to be awarded by Augusta. 36. Local Small Business Reporting. In accordance with Chapter 10B of the AUGUSTA, GA. CODE, Contract or 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 Contract s where a local small business goal has been established, the Vendor is required to provide local small business utilization reports. Vendor shall report to Augusta, Georgia the total dollars paid to each local small business on each Contract, and shall provide such payment affidavits, regarding payment to subcontractors as may be requested by Augusta, Georgia. Such documents shall be in the format specified by the Director of minority and small business opportunities, and shall be submitted at such times as required by Augusta, Georgia. Failure to provide such reports within the 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 Vendor and/or collecting liquidated damages. 37. E-verify: All Vendors entering into Contracts with Augusta, GA 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 Page 10 of 11 program. All Vendors 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 ORCA), PL. 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 Vendors 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 Vendor will secure from each 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 Vendors 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. 38. Governing Law and Jurisdiction and Venue. This Contract shall be governed by and construed and enforced in accordance with the laws of the State of Georgia (without regard to the conflicts or choice of law principles thereof). The parties irrevocably consent to the jurisdiction and venue of the Superior Court of Richmond County, Georgia or the United States District Court for the Southern District of Georgia, Augusta Division, to resolve any dispute with respect to this Contract. In the event either party commences any proceeding against the other party with respect to this Contract, the parties agree that neither party shall be entitled to recover attorneys' fees except as otherwise specifically provided for by law. 39. Construction of Contract. The parties acknowledge and agree that both parties substantially participated in negotiating the provisions of this Contract; and, therefore, the parties agree that this Contract shall not be construed more favorably toward one party than the other party because of one party primarily drafting the Contract. The section and other headings in this Contract are for convenience of reference only and shall not be construed, expressly or by implication, so as to affect the meaning or interpretation of any of the provisions hereof. [THIS SPACE LEFT INTENTIONALLY BLANK] [SIGNATURE LINES ON NEXT PAGE] Page 11 of 11 IN WITNESS WHEREOF, Vendor and Augusta have duly executed and delivered this Contract. VENDOR: ___________________ _________________ Name: Date Title: Address: City/St/Zip: AUGUSTA, GEORGIA ________________________ ________________ Name: Hardie Davis, Jr. Date Title: Mayor Attest: ______________________________ Lena Bonner, Clerk of Commission Public Safety Committee Meeting 2/25/2020 1:10 PM Motion to approve the award of Bid Item #20-128 Furniture and Exercise Equipment for New Fire Station 2 to Modern Business Furniture and authorize the Mayor to execute the appropriate documents Department:Fire Presenter:Chris James Caption:Motion to approve the award of Bid Item #20-128 Furniture and Exercise Equipment for New Fire Station 2 to Modern Business Furniture and authorize the Mayor to execute the appropriate documents. Background:The Augusta Fire Department, through the Augusta Procurement Department Bid process, requested bids for furniture for New Fire Station 2 Analysis:After review of the bids submitted to the Procurement Department in response to Bid Item #20-128 Furniture and Exercise Equipment for New Fire Station 2, Modern Business Furniture was the lowest bid Financial Impact:Total bid returned: $100,094.93 Alternatives:None at this time Recommendation:To approve the award Bid Item #20-128 Furniture and Exercise Equipment for New Fire Station 2 to Modern Business Furniture and authorize the Mayor to execute the appropriate documents Funds are Available in the Following Accounts: Funds available from SPLOST VII 329034510-5423110- JL 216329102 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission