The URL can be used to link to this page

Home My WebLink About2022-07-12-Meeting Minutes Public Service Committee Meeting Commission Chamber - 7/12/2022 ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; Frantom, Chairman; Johnson, Vice Chairman; Clarke, member. Absent: Hon. Mason, member. PUBLIC SERVICES 1. Existing Location-New Ownership: A.N. 22-54: A request by Adam Sang Kim for retail package Liquor, Beer & Wine License to be used in connection with 365 Liquor Store located at 2852 Deans Bridge Rd. Ste D. District 2. Super District 9. Item Action: Rescheduled Motions Motion Type Motion Text Made By Seconded By Motion Result It was the consensus of the committee that this item be referred to the full Commission with no recommendation. 2. New Location: A.N. 22-55: A request by Ramiro G. Fuentes for an on premise consumption Liquor, Beer & Wine License to be used in connection with El Atoron located at 3112 Washington Rd. Ste A. There will be Dance. District 7. Super District 10. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 3-0. Commissioner John Clarke Commissioner Jordan Johnson Passes 3. New Location: A.N. 22-56: A request by Amy Donaldson for an Incidental Alcohol License, consumption on premise Beer & Wine and a retail package Beer & Wine License to be used in connection with Augusta Candle Company located at 1124 Broad St. District 1. Super District 9. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 3-0. Commissioner Jordan Johnson Commissioner John Clarke Passes 4. Existing Location-New Ownership: A.N. 22-57: A request by Abu Tanjil for retail package Beer & Wine License to be used in connection with Samsons Business, Inc. located at 2078 Old Savannah Rd. District 2. Super District 9. Item Action: Rescheduled Motions Motion Type Motion Text Made By Seconded By Motion Result It was the consensus of the committee that this item be referred to the full Commission with no recommendation. 5. Discussion: A request by Leslie Watkins for a Massage Operators License to be used in connection with These Hands Massage and Bodywork located at 1 George C. Wilson Ct. Ste A. District 3. Super District 10. Item Action: Rescheduled Motions Motion Type Motion Text Made By Seconded By Motion Result It was the consensus of the committee that this item be referred to the full Commission with no recommendation. 6. Presentation by Mr. Kevin de l'Aigle regarding the lack of maintenance by the Parks & Recreation Department of the medians on Greene Street, River Walk and historic cemeteries. 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 3-0. Commissioner Jordan Johnson Commissioner John Clarke Passes 7. Presentation by Ms. Mary Lorenzi regarding the resolution of an issue with the Inspections Department due to the general contractor's failure to perform on the completion of her residential renovation. 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 3-0. Commissioner Jordan Johnson Commissioner John Clarke Passes 8. Presentation by Mr. Richard E. Jones to discuss the problem with the outdoor pools from experience.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 3-0. Commissioner John Clarke Commissioner Jordan Johnson Passes 9. A motion to approve a Contract with Bridgestone Americas Tire Operations, LLC for the Leasing of Transit Bus Tires. (ITB 21-231) Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 3-0. Commissioner Jordan Johnson Commissioner John Clarke Passes 10. A motion to approve the award of the RFP for Transit Service and Support Services (RFP #-125) to RATP Dev, USA for a period or three (3) years with three (3) two year (2) renewals. Award is contingent upon receipt of signed and executed contract. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 3-0. Commissioner Jordan Johnson Commissioner John Clarke Passes 11. Motion to approve the minutes of the Public Services Committee held on May 31, 2022.Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 3-0. Commissioner Jordan Johnson Commissioner John Clarke Passes www.augustaga.gov Public Service Committee Meeting 7/12/2022 1:00 PM Attendance 7/12/22 Department: Presenter: Caption: Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Public Service Committee Meeting 7/12/2022 1:00 PM Alcohol Application - A.N. 22-54 Department:Planning & Development Presenter:Julietta H. Walton Caption:Existing Location-New Ownership: A.N. 22-54: A request by Adam Sang Kim for retail package Liquor, Beer & Wine License to be used in connection with 365 Liquor Store located at 2852 Deans Bridge Rd. Ste D. District 2. Super District 9. Background:This is a New Ownership Application. Formerly in the name Hyong C. Kim. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $2,330.00. Alternatives: Recommendation:The Planning & Development approved the application subject to additional information not contradicting applicant’s statements. The Sheriff’s Office approved the application subject to additional information not contradicting applicant’s statements. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Public Service Committee Meeting 7/12/2022 1:00 PM Alcohol Application - A.N. 22-55 Department:Planning & Development Presenter:Julietta H. Walton Caption:New Location: A.N. 22-55: A request by Ramiro G. Fuentes for an on premise consumption Liquor, Beer & Wine License to be used in connection with El Atoron located at 3112 Washington Rd. Ste A. There will be Dance. District 7. Super District 10. Background:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Analysis: Financial Impact:The applicant will pay a fee of $2,337.50. Alternatives: Recommendation:The Planning & Development approved the application subject to additional information not contradicting applicant’s statements. The Sheriff’s Office approved the application subject to additional information not contradicting applicant’s statements. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Public Service Committee Meeting 7/12/2022 1:00 PM Alcohol Application - A.N. 22-56 Department:Planning & Development Presenter:Julietta H. Walton Caption:New Location: A.N. 22-56: A request by Amy Donaldson for an Incidental Alcohol License, consumption on premise Beer & Wine and a retail package Beer & Wine License to be used in connection with Augusta Candle Company located at 1124 Broad St. District 1. Super District 9. Background:This is a New Location. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $2,790.00. Alternatives: Recommendation:The Planning & Development approved the application subject to additional information not contradicting applicant’s statements. The Sheriff’s Office approved the application subject to additional information not contradicting applicant’s statements. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Public Service Committee Meeting 7/12/2022 1:00 PM Alcohol Application - A.N. 22-57 Department:Planning & Development Presenter:Julietta H. Walton Caption:Existing Location-New Ownership: A.N. 22-57: A request by Abu Tanjil for retail package Beer & Wine License to be used in connection with Samsons Business, Inc. located at 2078 Old Savannah Rd. District 2. Super District 9. Background:This is a New Ownership Application. Formerly in the name of Aftab Malik. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $665.00. Alternatives: Recommendation:The Planning & Development approved the application subject to additional information not contradicting applicant’s statements. The Sheriff’s Office approved the application subject to additional information not contradicting applicant’s statements. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Public Service Committee Meeting 7/12/2022 1:00 PM Massage Operator License Department:Planning & Development Presenter:Julietta H. Walton Caption:Discussion: A request by Leslie Watkins for a Massage Operators License to be used in connection with These Hands Massage and Bodywork located at 1 George C. Wilson Ct. Ste A. District 3. Super District 10. Background:This is a New Location. Analysis:The applicant meets the requirements of the City of Augusta's Massage Therapy Ordinance. Financial Impact:The applicant will pay an administrative fee of $120.00 and a fee based on gross revenue. Alternatives: Recommendation:The Planning & Development approved the application subject to additional information not contradicting applicant’s statements. The Sheriff’s Office approved the application subject to additional information not contradicting applicant’s statements. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission From: Sent: To: Subject: lmportance: Natasha L. McFarley Tuesday, June 28, 20223:02PM Nancy Morawski FW: [EXTERNAL]July 5 Commission Meeting agenda item High Hi Ms. Nancy, This request was sent to me in error. please see below. Thanks, Natasha From: Lena Bonner <lbonner@augustaga.gov> Sent: Monday, June 27,2022 5:12 pM To: Kevin Delaigle <kevindelaigle@gmail.com> Cc: Natasha L. McFarley <nmcfarley@augustaga.gov> Subject: RE: [EXTERNAL]July 5 Commission Meeting agenda item lmportance: High Nancy- please place Mr. Delaigle on the July 12th Public Services Committee meeting agenda. Thank you. Lotna[. tsovt"v-w,r Clprk/of CountL*d*ru Offirr/ oftl^p, Clprb of Cornnti*ti.ow 535 Tdrfa;l Stre*-t Aurq<*ttq AA 3O9O7 (706) 827-7820 - offi&/ (706) 827-7838 - offirpFa+t From: Kevin Delaigle <kevindelaigle@smail.com> Sent: Monday, June 27,2022 4:50 pM To: Lena Bonner <lbonner@augustaga.pov> Cc: Natasha L. McFarley <nmcfarlev@ausustaga.sov> Subject: Re: [EXTERNAL] July 5 Commission Meeting agenda item Hi Ms. Bonner, Thanks for the information. For the committee meetings on July 12, does the committee regarding Parks & Recreation meet that day? Thank you, Kevin on Mon, Jun 27, 2022 at 16:29 Lena Bon ner <lbonner@augustaga.gov> wrote : Good afternoon Mr. Delaigle, Because of the 4th of July holiday week the Augusta Commission will not meet on July 5th in fact that meeting has been rescheduled to this Thursday, June 30th and the deadline for getting on that meeting was this past Thursday at 9:00 A.M. The next regular scheduled commission meeting will be held Tuesday, July L9,2022; however, if you like, we can schedule you for this meeting and/or for one of the commission's committee meetings which will be held on Tuesday, July 12th. Just let us know how you would like to proceed. Regards, Le,na[. tsanrc'r Cl,orb of Co'vn m,i*non/ Offir,e, of thP, CWb of covt't vt1,[4+:t oa1, 535 Td{sil Sfi"eet Autqt*ftw, GA 30901 (706) 827-7820 - off1rr, (706) 827-7838 - offinaT*v From: Kevin Delaigle <kevindelaigle@smail.com> Sent: Sunday, June 26,2022 8:17 AM To: Lena Bonner <lbonner@augustaga.gov> Subject: IEXTERNAL] July 5 Commission Meeting agenda item ; Dear Ms. Bonner, ; I would like to appear before the Commission at the upcoming meeting for Tuesday, July 5. , The topic is lack of maintenance by the Parks & Rec. department of the medians on Greene Street, River Walk, andI historic cemeteries. I Thank you. : ' Ii Sincerely, I : ' fevin de l'Aigle , 636 11th Street, Apt. 1606 I Aueusta, GA 30901 I Tel. 917-392-6801 On Tue, Jun 7 ,2022 at 10:56 Kevin Delaigle <kevindelaisle@smail.com> wrote: I i; Thank you for the information. i Best, Kevin i I I On Tue, Jun7,2022 at 10:49 Lena Bonner <lbonner@augustaga.gov> wrote: I Mr.Delaigle, I Public Service Committee Meeting 7/12/2022 1:00 PM Kevin de l"Aigle Department: Presenter: Caption:Presentation by Mr. Kevin de l'Aigle regarding the lack of maintenance by the Parks & Recreation Department of the medians on Greene Street, River Walk and historic cemeteries. 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 last Tuesdays of each month - l:00 p.m. Commission/committee: (Please check one and insert meeting date) Commission Date of Meeting Public Safety Committee Date of Meeting Public Services Commiftee I)ete nf Mc.1;.1 -JUlyT2-x Public Services Committee Date of Meeting luty 12 Administrative Services Committee Date of Meeting Engineering Services Committee Date of Meeting Finance Committee Date of Meeting Contact Information for Individual/Presenter Making the Request: Name: marv lorenzi Address: 208 park land dr TelephoneNumber: 612-321-6933 Fax Number: E-MailAddress: mary lorenzi@msn.com Caption/Topic of Discussion to be placed on the Agenda: general contractor failure leading to maior difficultv with inspections officer. seeking resolution to move fonvard to finish mv residential renovation Please send this request form to the following address: Ms. Lena J. Bonner Telephone Number: 706-821-1820 Clerk of Commission Fax Number: 706-821-1838 Suite 220 Municipal Building E-Mail Address: nmorawski@augustaga.gov 535 Telfair Street Augustao GA 30901 Requests may be faxed, e-mailed or delivered in person and must be received in the Clerk's Office no later than 9:00 a.m. on the Thursday preceding the Commission and Committee meetings of the following week. A five-minute time limit will be allowed for presentations. Nancy Morawski From: Sent: To: Subiect: Attachments: MARY LORENZI < mary_lorenzi@msn.com > Wednesday, )une 22,2022 10:41 AM Nancy Morawski IEXTERNALI re; agenda item request form agendaitemrequestform.pdf Good morning; I have filled out, and attached the asenda item request form for your review. I hope That I am requesting from the proper authority, (public services committee). My residential property is in district 1of Richmond county and I am seeking help ln resolving an issue with inspection department due to general contractor failure To perform. I hope to be heard on July 12 at their meeting. Thank you in advance for your help. Sincerely. Mary Lorenzi Sent from Mailfor Windows [NOTICE: This message originated outside of the City of Augusta's mail systern -- DO NOT CttCK on links, open attachments or respond to requests for information unless you ile sure the content is safe.] Public Service Committee Meeting 7/12/2022 1:00 PM Mary Lorenzi Department: Presenter: Caption:Presentation by Ms. Mary Lorenzi regarding the resolution of an issue with the Inspections Department due to the general contractor's failure to perform on the completion of her residential renovation. 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 last Tuesdays of each month - r:00 p.m. commission/committee: (Please check one and insert meeting date) Commission Public Safety Committee Date of Meeting 'Y , Public Services Committee-_-----r'-- Adminishative Services Committee Date of Meeting , Date of Meeting f(\ L/ (Z ,20't2- Date of Meeting \ Date of Meeting Date of Meeting Engineering Services Committee Finance Committee Contact Information for IndividuauPresenter Making the Request: \cr',i.,."{ L Jcr.er-Name: Address: Telephone Number: Fax Number: E-Mail Address: Caption/Topic of Discussion to be placed on the Agenda: Please send this request form to the following address: Ms. Lena J. Bonner Clerk of Commission Suite 220 Municipal Building 535 Telfair Street Augusta, GA 30901 Telephone Number: 7 06-821-1820 Fax Number: 706-821-1838 E-MailAddress: nmorawski@augustaga.gov Requests may be faxed, e-mailed or delivered in person and must be received in the Clerk'sOffice no later than 9:00 a.m. on the Thursday preceding the Commission and Committee meetings of the following week. A five-minute time limit will be allowed for presentations. Public Service Committee Meeting 7/12/2022 1:00 PM Richard E. Jones Department: Presenter: Caption:Presentation by Mr. Richard E. Jones to discuss the problem with the outdoor pools from experience. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Invitation to Bid Sealed bids will be received at this office until Wednesday, January 26, 2022 @ 3:00 p.m. for furnishing – Via ZOOM ZOOM Meeting ID: 879 4170 0703; Passcode: 816032 Bid Item #22-231 Bus Tire Lease/Purchase for Augusta, GA – Transit 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 offices of Augusta, GA Procurement Department, 535 Telfair Street – Suite 605, Augusta, GA 30901 (706-821- 2422). Pre-Bid Conference will be held on Thursday, January 6, 2022 @ 10:00 a.m. Via Zoom – Meeting ID: 828 7624 7539; Passcode: 840077. 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, January, 7, 2021 @ 5:00 P.M. No bid will be accepted by fax or email, 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 vendor. A 20% performance bond will be required for award. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. GEORGIA E-Verify and Public Contracts: The Georgia E-Verify law requires contractors and all sub-contractors on Georgia public contract (contracts with a government agency) for the physical performance of services over $2,499 in value to enroll in E-Verify, regardless of the number of employees. They may be exempt from this requirement if they have no employees and do not plan to hire employees for the purpose of completing any part of the public contract. Certain professions are also exempt. All requests for proposals issued by a city must include the contractor affidavit as part of the requirement for their bid to be considered. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax or email, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle December 9, 16, 23, 30, 2021 Metro Courier December 9, 2021 Revised: 2/19/2016 OFFICIAL VENDORS BRIDGESTONE AMERICAS TIRE OPERATIONS, LLC 200 4TH AVENUE SOUTH NASHVILLE, TN 37201 Attachment B Yes E-Verify Number 223508 SAVE Form Yes Addendum 1 & 2 Yes Year 1 0.006769 Year 2 0.006904 Year 3 0.007042 Year 4 (Optional Year) 0.007254 Year 5 (Optional Year) 0.007471 Year 1 0.007567 Year 2 0.007718 Year 3 0.007873 Year 4 (Optional Year) 0.008109 Year 5 (Optional Year) 0.008352 Year 1 0.004053 Year 2 0.004134 Year 3 0.004217 Year 4 (Optional Year) 0.004343 Year 5 (Optional Year) 0.004474 Year 1 0.006647 Year 2 0.006780 Year 3 0.006916 Year 4 (Optional Year) 0.007123 Year 5 (Optional Year) 0.007337 Bid Opening - Bid Item #22-231 Bus Tire Lease/Purchase for Augusta, GA – Augusta Transit Department Bid Due: Wednesday, February 9, 2022 @ 3:00 p.m. Total Number Specifications Mailed Out: 12 Total Number Specifications Download (Demandstar): 3 Total Electronic Notifications (Demandstar): 18 Pre-Bid Conference: 11 Georgia Procurement Registry: 131 Total packages submitted: 1 Total Non-Compliant: 0 Tire Size 225/70R19.5 Tire Size 265/70R19.5 Tire Size 225/75R16 Tire Size 305/70R22.5 Tire Size P235/75R17Page 1 of 2 OFFICIAL VENDORS BRIDGESTONE AMERICAS TIRE OPERATIONS, LLC 200 4TH AVENUE SOUTH NASHVILLE, TN 37201 Bid Opening - Bid Item #22-231 Bus Tire Lease/Purchase for Augusta, GA – Augusta Transit Department Bid Due: Wednesday, February 9, 2022 @ 3:00 p.m. Total Number Specifications Mailed Out: 12 Total Number Specifications Download (Demandstar): 3 Total Electronic Notifications (Demandstar): 18 Pre-Bid Conference: 11 Georgia Procurement Registry: 131 Total packages submitted: 1 Total Non-Compliant: 0 Year 1 0.004449 Year 2 0.004538 Year 3 0.004629 Year 4 (Optional Year) 0.004629 Year 5 (Optional Year) 0.004768 Year 1 0.004731 Year 2 0.004826 Year 3 0.004923 Year 4 (Optional Year) 0.005070 Year 5 (Optional Year) 0.005222 Year 1 0.004449 Year 2 0.004538 Year 3 0.004629 Year 4 (Optional Year) 0.004629 Year 5 (Optional Year) 0.004768 Year 1 0.004731 Year 2 0.004826 Year 3 0.004923 Year 4 (Optional Year) 0.005070 Year 5 (Optional Year) 0.005222 Year 1 0.004053 Year 2 0.004134 Year 3 0.004217 Year 4 (Optional Year)0.004343 Year 5 (Optional Year) 0.004474 Tire Size LT225/75R16E Tire Size 225/70R15 Tire Size 245/70R17 Tire Size 235/75R15 Page 2 of 2 AUGUSIA PUBLIC TRANSIT SHARON DOTTERI TRANSIT DIRECTOR TO: CC: FROM: DATE: SUBJECT: MEMORANDUM Geri Sams, Director Procure,me,lrt Oliver Page, Ph.D., Deputy Director Sharon Dottery, Oirector AD February 17,2022 Bid Item 22-231Bus Tire Lease Purchase One (1) compliant bid was received on the referenced project on February 9,2022. Bridgestone Americas Tire Operations, LLC. Augusta Transit recommends that the contract be awarded to Bridgestone Americas Tire operations,LLc. For a period of three (3) years with rwo (2) one-year renewals. If I can be of further assistance, please do not hesitate to contact me. Augusta Transit 2844 Regency Blvd - Augusta, GA 30904 (706) 821-l8l 8 - Fax (706) 821-1752 www.augustaga.gov TNDEPENDENT ESTTMATE FORM (tEF) Originator: Project Name: Sharon Dottery Transit Vehicle Tire Lease Date: October 1.,2021 Are the estimated funds in the current budget? X 1) How is this project funded? f federal Funds f tocal Funds 2) ls this a capital procurement? f Ves Eruo 3) ls the total dollar amount 525,000.00 or less? Adequate Competition Advertisements Catalog Price Current Price Lists Estimate Amount: S300,000.00 Yes I ruo lf federally funded, go to Section B lf locally funded, go to Question 2 lf yes, go to Section B lf no, go to Question 3 X tr tr tr lf yes, no IEF required lf no, go to Question 4 Prices Reasonable on Previous Purchase Similar ltems in a Related lndustry lndependent Price Estimate Other - Attach Support & Cite Basis ! ves X r,lo 4) ls the total dollar amount more than S25,OOO, but not more than SIOO,OOO.OO? ! Ves lf yes, go to Section A X tto lf no, go to Section B SECNON A DETERMINATION OF PRICE REASONABTENESS x X tr tr SECTION B INDEPENDENT ESTIMATE FORM Utilize the ottoched lndependent Estimote Guide to develop the estimote omount for federally funded projects, copitol procurements ond procurements over 5700,000.00. Stote the bosis for the estimote below, ond ottach oll pertinent documentation. Lease vs. Buv Augusta Transit currently operates a fleet of 32 vehicles (18 full size transit buses, L4 paratransit cutaway vehicles) witheachtypeofvehiclerequiringdifferenttiresizes. Thevehiclesareequippedwithsix(5)tireseachforatotalof 198 tires. The seven (7) support vehicles are equipped with four (4) tires each for a total of 28 tires. Total tires 226 tires. The life of a tire is estimated to be approximately 55,000 miles. At an average cost of 5600.00 pertire, it would cost approximately $ttS,ZO0.00 to buy and replace all tires. On average buses travel approximately 22,000 to 25,000 miles per year. Based on normal wear and tear an average tire should last approximately two (2) years. The cost to date to lease tires has been an average of approximately 535,000 per year. When purchasing tires the additional costs such as labor, storage, warranty, and disposalcosts must be considered. With a lease contract a large portion of the additional cost are included in the lease rate. Therefore it is deemed to be more cost effective to lease rather than buy. Lease Cost Estimate This current cost estimate is based on Augusta's previous five (5) year contract for the tire lease. The previous estimate for that lease was based on a comparison of other tire lease rates contracted for by other peer transit TNDEPENDENT ESTTMATE FORM (tEF) agencies. The current contract price that was awarded by Augusta was considered reasonable and within the rate parameters given to the other transit agencies. The average rate charge per month in 2O2O, the final year of the contract, is 0.008282 per tire/mile for a total average cost of approximately SZ,85a.t5 per month or $34,249.80 for the year. Given those figures the following chart shows the anticipate cost with a 4% inflation rate per year over a new five year lease contract period: Year 1: Year 2: Year 3: Year 4: Year 5: Approved: Approved: s192,928.30 48,232.O8 S34,249.80 Xt.O4% = $35,519.79 s35,619.79 X1.O4% = $37,044.58 537,044.58 X7.O4% = S38,526.37 s38,526.37 X L.O4% = $40,067 .42 540,067.42X t.O4% = $41,670.72 Subtotal Contract Value: 25% Contingency cost: Total contract estimated value:* S241,160.38 *lt is anticipated that additional buses and service hours will be added to the schedule which will result in additional lease cost over the period of the contract. STGNATURES/APPROVALS Date: Date October 1,2027 Director, Procurement Department Bridgestone Tire Lease Agreement (Rev 8/19] Page 1 TIRE LEASE AGREEMENT THIS TIRE LEASE AGREEMENT (this “Agreement”) is made as of _________________, 2022 by and between BRIDGESTONE AMERICAS TIRE OPERATIONS, LLC, a Delaware limited liability company with its principal offices at 200 4th Avenue South, Nashville, Tennessee 37201 (“Bridgestone”), and AUGUSTA, GEORGIA, a political subdivision of the State of Georgia (“Augusta”). WITNESSETH: 1. TIRES AND INTELLITIRE TPMS. Bridgestone agrees to lease to Augusta and Augusta agrees to lease from Bridgestone such number of tires as may be sufficient to keep all of Augusta's vehicles fully equipped and to provide an adequate reserve supply; provided, however, that Augusta shall have the right at any time during the term of this Agreement upon thirty (30) days' prior written notice to Bridgestone, to equip up to five percent (5%) of its vehicle fleet with tires obtained from other suppliers for testing purposes. Bridgestone shall not be responsible for any manufacturer warranties related to any such tires from companies other than Bridgestone and its affiliates. As used in this Agreement, “tires” shall mean a casing, tube and flap for a tube type tire and a casing only for a tubeless tire, and “Augusta's vehicles” shall, unless otherwise indicated, mean all vehicles that are owned or operated by Augusta, its subsidiaries and affiliated companies at any time during the Term (as defined in Section 16 below) hereof. Tires will be delivered within thirty (30) days of written order. Bridgestone will be responsible for proper disposal of any tires leased by Augusta hereunder. Notwithstanding anything else herein to the contrary, rims shall be the property of Augusta and extra rims shall be provided by Augusta. Augusta may lease Intellitire TPMS under this Agreement in accordance with terms included in Exhibit A attached hereto. The updated rates and termination payments for any tires equipped with Intellitire TPMS are reflected in the tables included in Sections 2 and 11 below. 2. RATE. Augusta agrees to furnish Bridgestone a report consisting of the following information by the tenth (10th) day of each month during the Term hereof (the “Mileage Report”): vehicle number, the beginning and ending Hubodometer/Odometer reading and total miles operated the preceding month on all vehicles fitted with tires leased from Bridgestone hereunder. Augusta will furnish Bridgestone with reports detailing the same information for all vehicles equipped with Intellitire TPMS. Each report required by this Section 2 will indicate whether the report is for only tires, only Intellitire TPMS, or tires and Intellitire TPMS. Bridgestone or its agents shall have the right at any reasonable time during business hours to audit Augusta's records for the purpose of verifying actual vehicle mileage or other information contained in the Mileage Report. The amount of the regular monthly mileage payment shall be computed by using the applicable billing rate per tire mile in effect during such preceding month, as set forth below. All invoices shall be due and payable within thirty (30) days of Bridgestone sending the invoice. Should there be a dispute concerning the amount of an invoice, Augusta agrees to tender payment for the amounts that are not in dispute. For the amounts in dispute, Bridgestone and Augusta agree that any such claims shall be resolved by good faith negotiations between the parties wherever possible. Bridgestone Tire Lease Agreement (Rev 8/19] Page 2 The billing rate per tire mile for other vehicles which may be acquired by the Augusta shall be determined in line with the billing rate then in effect, taking into consideration the weight of vehicles, carrying capacities, sizes and types of tires. Any additional billing rate for tires not included in this Agreement originally shall be added by written amendment as set forth in Section 51 below. The billing rate set forth below assumes Bridgestone's ability to procure and use such materials and manufacturing methods as were procured and used prior to the date of this Agreement, and are based upon proven experience of mileage delivered thereunder. If laws, changes in vehicles, governmental regulations or other causes beyond Bridgestone's reasonable control require any change in such materials, performance or methods which reduce the mileage available from the tires to be furnished hereunder or which increase Bridgestone's costs, Augusta agrees that the billing rate shall be adjusted to compensate therefore. ANNUAL PER MILE RATE - TIRE + TPMS TIRE SIZE YEAR ONE YEAR TWO YEAR THREE YEAR FOUR YEAR FIVE 265/70R19.5 0.007567 0.007718 0.007873 0.008109 0.008352 225/70R19.5 0.006769 0.006904 0.007042 0.007254 0.007471 305/70R22.5 0.006647 0.006780 0.006916 0.007123 0.007337 225/75R16 – 225/75R16E 0.004053 0.004153 0.004217 0.004343 0.004474 235/75R17 – 265/70R17 – 245/70R17 0.004449 0.004538 0.004629 0.004629 0.004768 225/70R15 – 235/75R15 0.004731 0.004826 0.004923 0.005070 0.005222 3. TAXES, CHARGES. Augusta agrees to furnish state and federal tax exemption certificate numbers to Bridgestone for any sales, excise, use, processing, disposal or similar tax or fees, including any state imposed new tire fee or tax, imposed upon the goods sold or services rendered hereunder. 4. SERVICE. Except to the extent specifically set forth in a separate service addendum attached to this Agreement, if any (a “Service Addendum”), Augusta covenants and agrees to provide all necessary equipment and supplies and to assume complete responsibility for servicing all tires delivered hereunder, including but not limited to driving vehicles to and from tire service location, making all wheel changes, keeping tires inflated to an air pressure recommended by Bridgestone, having air lines conveniently placed to properly take care of the airing of tires, keeping wheels in alignment and brakes properly adjusted, making all repairs on tires which may be necessary to keep them in proper running condition, mounting and demounting tires from rims and providing safe and suitable space inside its garage for the secure storage of tires and wheels, and repair and care of the tires and wheels without charge to Bridgestone. Augusta further agrees to permit any authorized representative of Bridgestone to make such inspections and to inventory the tires and wheels on vehicles together with extra tires and wheels furnished Augusta as spares as Bridgestone deems necessary or advisable. Augusta shall at all times advise Bridgestone of the location of vehicles and extra tires and wheels to permit such inspections and inventories. In the event Bridgestone shall agree to perform services for Augusta through execution of a Service Addendum, the nature, location, extent and charge for such services shall be as set forth in the Service Addendum. Bridgestone Tire Lease Agreement (Rev 8/19] Page 3 5. PURCHASE OF VEHICLES. Vehicles purchased by Augusta during the Term hereof will be obtained from the manufacturer or other seller without tires (unless said vehicles are included within the five percent (5%) or less of the fleet upon which Augusta has elected to test tires of other suppliers), and Augusta will notify Bridgestone at least thirty (30) days in advance of date required so that Bridgestone may specify and furnish to the manufacturer's continental North American facility or port of demarcation the size and type of tires to be placed on the vehicles. Any tires lost, stolen, or damaged while in the possession of the vehicle manufacturer or other seller, or while the vehicle is being delivered to the Augusta, shall be paid for by Augusta on the basis set forth in Section 11 hereof. If any such vehicles equipped with tires furnished by Bridgestone shall be driven overland instead of being shipped, Augusta shall pay Bridgestone for use of such tires at the billing rate per tire mile then in effect. 6. LEASED VEHICLES. Augusta represents and warrants that it outright owns all vehicles referenced in Section 1 hereof. If, during the Term hereof, Augusta acquires the right to operate any vehicles not owned by it by entering into a rental or other form of agreement with the owner of such vehicles (“Leased Vehicles”), Augusta agrees to the following: a) Notify Bridgestone of such an agreement; b) All Leased Vehicles will be furnished to Augusta less tires so that such Leased Vehicles may be equipped with Bridgestone tires except to the extent that such Leased Vehicles are included under the five percent (5%) testing exclusion set forth in Section 1 hereof; and c) Obtain an acknowledgment of Bridgestone's ownership and right to possession of all tires supplied under this Agreement and a waiver of any and all rights to said tires from the owner(s) of the Leased Vehicles. Should Augusta terminate the underlying agreement for or otherwise lose possession of any of the Leased Vehicles equipped with Bridgestone tires, Augusta shall pay for each tire (including spares) as set forth in Section 11 below. 7. SALE OR DISPOSITION OF VEHICLE. Augusta shall notify Bridgestone prior to any sale or disposition of any of Augusta's vehicles equipped with Bridgestone's tires and, unless Bridgestone requests otherwise, Augusta shall purchase the unused mileage in each tire and for any tires and extra tubes which remain in stock after such vehicles have been sold or disposed of which cannot be used on other vehicles in Augusta's fleet. Bridgestone shall have the right to request the removal of all serviceable Bridgestone tires on parked or inactive vehicles if they remain parked or inactive for more than ninety (90) days and return such tires to Augusta's reserve supply. Said tires shall then be replaced with Scrap Tires (as defined below) whose use shall be subject to the terms of this Section 7. Payment for the unused mileage and tubes acquired by Augusta under this Section 7 shall be on the basis and within the time set forth in Section 11 hereof. For purposes of this Agreement, a “Scrap Tire” means any non-retreadable tire furnished under this Agreement which has been determined by Bridgestone and agreed to by Augusta’s maintenance foreman to be permanently unfit for further service under this Agreement. Any Scrap Tire provided by Bridgestone hereunder will be for the sole exclusive purpose of transporting and storing Augusta’s vehicles from garages to a storage facility. In consideration of Bridgestone’s agreement to provide Scrap Tires hereunder, the Augusta shall (i) use the Scrap Tires for the sole and exclusive purpose of Bridgestone Tire Lease Agreement (Rev 8/19] Page 4 transporting and storing vehicles from garages to a storage facility, (ii) acquire each Scrap Tire AS IS with no warranties from Bridgestone as to the condition or fitness of such Scrap Tire for continued use, (iii) assume all liability for use and possession of Scrap Tires, (iv) not file or assert against Bridgestone any claim, action, or cause of action for loss, liability, or damage arising out of the use of or possession of Scrap Tires and (v) indemnify and hold Bridgestone harmless against all claims of any party for loss, liability, or damage resulting from Bridgestone furnishing Scrap Tires. Scrap Tires provided for storage purposes will be provided by Bridgestone at no cost. Tires to be scrapped are subject to inspection and approval by a Maintenance Foreman before disposition. 8. LOSS OF TIRES. Cost for “NORMAL DAMAGED” TIRES SHALL BE INCLUDED IN THE RATE per tire mile. “Normal damage” to a tire means for abuse by partial or total destruction of a tire by means other than normal wear (cuts and bruises), including but not limited to irregular wear, damage for brake heat, curbing, road hazards, and misalignment. The Augusta agrees to maintain suspension and steering on Augusta’s vehicles in accordance with bus manufacturers' alignment specifications and to keep each vehicle’s brakes properly adjusted. Tires which have been damaged beyond repair by an accident, malicious abuse, fire, or which have been lost or stolen, shall be paid for by Augusta as of the date of accident, loss or theft on the basis, and within the time, set forth in Section 11 hereof. 9. CONTINGENCIES. In the event of fire, strikes, accidents, consequences of foreign or domestic wars, terrorism, or any cause beyond either party's reasonable control which will delay or interfere with its performance of its obligations hereunder, such performance may, at the option of either party, be suspended during the period required to remove such cause. In the event Bridgestone discontinues the manufacture and marketing of any size or type tire supplied pursuant to this Agreement, Bridgestone shall so notify Augusta and, upon written notice by either party to the other, this Agreement and all related agreements between the parties shall be deemed terminated upon the same terms and conditions set forth in Section 11 below, effective ninety (90) days from receipt of such written notice. This Agreement is subject to all present or future governmental regulations affecting production, delivery, sale, use or possession of the products leased hereunder. Augusta shall promptly notify Bridgestone of any accident or claims resulting from an alleged tire failure. Augusta agrees to defend, save and hold Bridgestone harmless from all claims or actions for damages to property or injury to persons, including death, arising out of the use or possession of tires or other products furnished hereunder or the performance of any service related thereto, except for claims or actions that result from defects in material or workmanship of any tire manufactured and furnished by Bridgestone under this Agreement and/or the negligent acts or omissions of Bridgestone, its agents or employees. 10. DEFAULT. In the event Augusta should fail to make any payment required hereunder when due, fail to use or service tires furnished hereunder in accordance with Bridgestone's recommendations, fail to provide a Mileage Report as required in Section 2 hereof, or otherwise fail to comply with any of the terms and conditions of this Agreement, or in the event any voluntary or involuntary proceedings shall be filed against or by Augusta under any bankruptcy law or other law for the relief of debtors, or Augusta's credit shall in any manner become impaired, Bridgestone shall have the right, at its option, without prejudice to any other rights and remedies, to stop shipping tires and to declare a default by Augusta hereunder. Upon the occurrence of any such default, Bridgestone shall terminate this Agreement upon thirty (30) days' prior written notice to Augusta and, upon any exercise of such right to terminate, Augusta shall at the sole election of Bridgestone return Bridgestone's property furnished hereunder, or make payment therefore as of the date of termination on the basis and within Bridgestone Tire Lease Agreement (Rev 8/19] Page 5 the time set forth in Section 11 hereof. Upon the failure or refusal of the Augusta to return said property, Bridgestone may enter upon the premises of Augusta and repossess said property with or without process of law. Termination of this Agreement shall not relieve Augusta from its obligations to make all payments required hereunder or from liability for damages for breach of this Agreement in accordance with the terms thereof. Without limiting any other provision hereof, Augusta specifically agrees that it shall be responsible for and pay any and all attorney fees, court costs and other expenses incurred by Bridgestone in collecting amounts owed by Augusta hereunder or enforcing any other right under this Agreement. Failure of Bridgestone to terminate this Agreement as herein provided on any breach by Augusta shall not operate as a waiver by Bridgestone of its right to terminate this Agreement as herein provided upon any subsequent breach by Augusta. 11. TERMINATION; PAYMENT. Augusta may terminate this Agreement without cause upon providing Bridgestone with thirty (30) days’ written notice in accordance with the provisions of Section 23 (a) herein below. Augusta may also terminate this Agreement for cause in accordance with Section 23 (b) herein below. Should there be a conflict between any of the provisions in this Section 11 and the provisions of Section 23, the terms of Section 23 shall prevail. Upon the termination or expiration of this Agreement, unless the parties enter into a new tire lease agreement to become effective immediately, Augusta will, within thirty (30) days after termination or expiration, pay for the unused mileage in each remaining tire on Augusta’s vehicles, in Augusta's garage, in process of repair or retreading, in transit or in stock that have been assigned by Bridgestone to Augusta's fleet in accordance with the provisions hereof. The remaining mileage for original and retread, if applicable, tires shall be determined by multiplying the percentage of tread rubber remaining by the base average mileage multiplied by the applicable billing rate per tire mile as shown in the chart below. CONTRACT FIXED COST PER 32ND ($) – ORIGINAL TIRE SIZE YEAR ONE YEAR TWO YEAR THREE YEAR FOUR YEAR FIVE 265/70R19.5 $22.79 $23.70 $24.65 $25.63 $26.66 225/70R19.5 $22.21 $23.10 $24.02 $24.98 $25.98 305/70R22.5 $20.81 $21.64 $22.50 $23.40 $24.34 225/75R16 – 225/75R16E $10.12 $10.52 $10.94 $11.38 $11.84 235/75R17 – 265/70R17 – 245/70R17 $9.47 $9.85 $10.25 $10.66 $11.08 225/70R15 – 235/75R15 $9.47 $9.85 $10.25 $10.66 $11.08 When a tire is not available for inspection to apply the above calculation(s) whether lost, stolen or otherwise missing, or destroyed by fire, or involved in an accident, reimbursement shall not be in excess of fifty percent (50%) of the current value of a similar tire, unless Bridgestone can provide an auditable accounting of the tire’s accurate mileage just prior to the loss. Notwithstanding the foregoing, upon thirty (30) days written notice via CERTIFIED MAIL prior to the expiration date of this Agreement, Augusta may elect to continue using all the tires in Augusta's possession at the rate or rates in effect during the period immediately prior to termination until permanently removed from service, but in no event shall such period exceed thirty-six months after the normal termination date (the “Run Out Period”). Bridgestone Tire Lease Agreement (Rev 8/19] Page 6 During the Run Out Period, Augusta shall, to the extent practicable, continuously use such tires on its highest mileage runs until they are rendered permanently unfit for service. During the Run Out Period all terms and conditions of this Agreement shall continue in effect; provided, however, that Bridgestone shall not be obligated to furnish any equipment, supplies or service to Augusta or to furnish replacement tires for those tires removed from service. At the expiration of the Run Out Period, Augusta shall pay for remaining original tread tires and for tubes at the price and in the manner set forth above. Any payment for tires and tubes required to be purchased by Augusta under this Section 11 or any other provision of this Agreement shall be made within thirty (30) days after date of invoice covering purchase thereof. Augusta will acquire each such used tire as-is, and Bridgestone makes no warranties as to the condition or fitness for continued use of such tires. 12. TITLE. The title to, and ownership of, all tires, and equipment, if any, furnished under this Agreement shall remain with Bridgestone until Augusta, if required to do so hereunder, has made complete payment therefore. Augusta agrees to assume the responsibility for the safekeeping of all such tires and any equipment, and to reimburse Bridgestone for any loss resulting from Augusta's failure to safely keep such tires and any equipment. 13. SECURITY INTEREST. For the purpose of securing payment of all sums that may be owed by Augusta to Bridgestone, including, but not limited to, payment for mileage run and for any tires required to be purchased by Augusta hereunder, Augusta hereby grants to Bridgestone a security interest in and to any tires or equipment furnished by Bridgestone in which Augusta, by virtue of present or future laws or the operation of this Agreement, has or is deemed to have an interest, wherever the same may be, and in any proceeds from the sale or other disposition of said tires or equipment. Augusta further agrees to join in the execution, execute, or cause to be executed at any time such financing statements, continuation statements, and other documents as Bridgestone shall deem necessary or advisable to protect its rights in and to any goods leased hereunder and/or perfect or continue perfected the security interest given in this Agreement. 14. ASSIGNMENT. Neither party shall sell, transfer, sublease or assign any of its rights or interest under this Agreement, in whole or in part, to any other person, corporation, partnership or authority, without the prior written consent of the other party, which consent shall not be unreasonably withheld. In the event of any such sale, transfer, sublease or assignment by either party, the other party shall remain fully bound by the terms hereof. 15. LIABILITY LIMITATION. In no event shall Augusta be entitled to recover from Bridgestone any indirect, speculative or incidental damages arising hereunder, except that nothing herein shall limit or otherwise restrict the right of Augusta to seek recovery (a) either directly or by way of contribution or indemnity, for damages actually or allegedly sustained by third parties which arise, or are claimed to arise, from the negligence, willful acts and/or strict liability of Bridgestone or (b) for direct damage to Augusta's property. 16. TERM OF AGREEMENT. The term of this Agreement shall be a three (3) year period from _______, 20__ through __________, 20___ ,with two (2) additional one (1) year periods upon mutual agreement of the parties with pricing as detailed by Section 11 herein. . The total lease agreement may be up to five (5) years from the effective date. This Agreement shall (i) terminate absolutely and without further obligation each and every December 31st 11:59 P.M., as required by OCGA § 36-60- Bridgestone Tire Lease Agreement (Rev 8/19] Page 7 13, as amended, unless terminated earlier in accordance with the termination provisions in this of this Agreement; (ii) automatically renew on the subsequent January 1st at 12:00 A.M., unless terminated in accordance with the termination provisions of this Agreement; and (iii) terminate absolutely, with no further renewals, on _____________________, unless extended by written amendment. The Agreement term may be extended only by written renewal approved by the Augusta, Georgia Board of Commission and executed by the Augusta, Georgia Mayor and Bridgestone in accordance with the terms of this Agreement. Any optional renewal term shall be negotiated no less than sixty (60) days prior to the expiration date (collectively, the “Term”). Upon expiration of this Agreement, unless the parties enter into a new mileage agreement to become immediately effective, the rights and obligations of the parties hereto shall be set forth in Section 11. 17. INSURANCE. Prior to the commencement of work governed by this contract (including the pre- staging of personnel and material), Bridgestone shall self-insure or obtain, at his own expense, insurance as specified below. Bridgestone will not be permitted to commence work governed by this contract (including pre- staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to Augusta, Georgia as specified below. Delays in the commencement of work, resulting from the failure of Bridgestone to provide satisfactory evidence of the required I insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for Bridgestone’s failure to provide satisfactory evidence of the required insurance. Bridgestone shall maintain the required insurance throughout the entire term of this contract and any extensions of this contract. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of Bridgestone to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for Bridgestone’s failure to maintain the required insurance. Coverage shall be provided by a company or companies authorized to transact business in the state of Georgia and the company or companies must maintain a minimum rating of A-VI, as assigned by the A.M. Best Company. If Bridgestone has been approved by Georgia’s Department of Labor, as an authorized self-insurer for Workers' Compensation, Augusta shall recognize and honor Bridgestone’s status. Bridgestone may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on Bridgestone's Excess Insurance Program. If Bridgestone participates in a self-insurance fund, updated financial statements from the fund may be required upon request from Augusta. Bridgestone shall provide, to Augusta, as satisfactory evidence of the required insurance a - Certificate of Insurance Bridgestone Tire Lease Agreement (Rev 8/19] Page 8 All Certificates of Insurance and insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to Augusta by the insurer. The acceptance and/or approval of Bridgestone's insurance shall not be construed as relieving Bridgestone from any liability or obligation assumed under this contract or imposed by law. Augusta Transit, its employees, and officials will be included by way of blanket endorsement as "Additional Insured" on all policies, except for Workers' Compensation. Required Insurance: a. Commercial General Liability, to include as a minimum: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability • Expanded Definition of Property Damage The minimum limits acceptable shall be: • $1,000,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: • $500,000 per Person • $1,000,000 per Occurrence An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the expiration of the contract. b. Vehicle Liability: Recognizing that the work governed by this contract requires the use of vehicles, the Bridgestone, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: • Owned, Non-Owned, and Hired Vehicles • The minimum limits acceptable shall be: $1,000,000 Combined Single Limit (CSL) • If split limits are provided, the minimum limits acceptable shall be: Bridgestone Tire Lease Agreement (Rev 8/19] Page 9 • $500,000 per Person, $1,000,000 per Occurrence, $300,000 Property Damage c. Workers' Compensation: • Prior to the commencement of work governed by this contract, the Bridgestone shall obtain Workers' Compensation Insurance with limits sufficient to respond to Georgia law. • In addition, the Bridgestone shall obtain Employers' Liability Insurance with limits of not less than: - $100,000 Bodily Injury by Accident, $500,000 Bodily Injury by Disease, policy limits - $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. 18. FEDERAL CLAUSES. This agreement incorporates by reference the following Federal Transit Administration required clauses with the same force and effect as set forth in full in the main text of the agreement. It is understood and agreed that Bridgestone is obligated by and to Augusta, Georgia (hereinafter referred to as Augusta, Georgia) for any specifications or documentation required of Augusta, Georgia under these clauses. A. Master Agreement FTA MA (28) dated February 9, 2021 - https://www.transit.dot.gov/grantee- resources/sample-fta-agreements/fta-master-agreement-version-28-february-9-2021 B. Circular 4220.1F, dated November 1, 2008, Rev. 4, March 18, 2013 - https://www.transit.dot.gov/regulations-and-guidance/fta-circulars/third-party-contracting- guidance C. FTA’s Best Practices Procurement Manual (BPPM), offers suggested procedures, methods, and examples on conducting third party procurements to assist in meeting the standards of FTA Circular 4220.1F - https://www.transit.dot.gov/funding/procurement/third-party- procurement/best-practices-procurement-manual D. Title 49 of the Code of Federal Regulations (CFR) – Transportation - https://www.ecfr.gov/current/title-49 19. NO GOVERNMENT OBLIGATION TO THIRD PARTIES. Bridgestone agrees, absent express written consent of the Federal Government, that the Federal Government is not a party to the Agreement and shall not be subject to any obligations or liabilities to any third party contractor, or any subrecipient, or any other party pertaining to any matter resulting from this Agreement or purchase order. Bridgestone agrees to include a similar provision in each subcontract financed in whole or in part with federal assistance provided by the FTA. Bridgestone Tire Lease Agreement (Rev 8/19] Page 10 20. PROGRAM FAUD AND FALSE OR FRAUDULENT STATEMENTS. Bridgestone acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 USC §3801, et seq., and U.S. Department of Transportation regulations, “Program Fraud Civil Remedies,” 49 CFR Part 31, apply to its activities in connection with this Agreement or purchase order. Upon execution of the underlying Agreement, Bridgestone certifies and affirms the truthfulness and accuracy of any statement it has made, causes to be made, makes, or may make pertaining to the Agreement or the underlying FTA assisted project for which this Agreement or purchases order is being performed. In addition to other penalties that may apply, Bridgestone further acknowledges that if it makes a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on Bridgestone to the extent the Federal Government may deem appropriate. Bridgestone also acknowledges that if it makes or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government in connection with an urbanized area formula project financed with federal assistance authorized for 49 USC §5307, the Federal Government reserves the right to impose the penalties of 18 USC §1001 and 49 USC §5307(n) (1) on Bridgestone, to the extent the Federal Government deems appropriate. Bridgestone agrees to include the above stated provisions in each subcontract financed in whole or in part with federal assistance provided by the FTA. Bridgestone shall not modify the above stated provisions except to identify the subcontractor who will be subject to the provisions. 21. ACCESS TO RECORDS. a. Bridgestone agrees to provide Augusta Georgia, the FTA Administrator, the Comptroller General of the United States, or any of their authorized representatives, access to any documents, papers, and records of Bridgestone which are directly pertinent to this Agreement for the purposes of making audits, inspections, examinations, excerpts, transcriptions, and reports. Bridgestone further agrees to provide Augusta Georgia, the FTA Administration or their authorized representatives or agents access to Bridgestone’s applicable records and construction sites pertaining to a major capital project as defined at 49 USC 5302(a)1 which is receiving federal financial assistance through any program described at 49 USC 5307, 5309 or 5311. Bridgestone shall require its subcontractors to provide access to their relevant books, documents, papers and records to the representatives identified above for the purposes described herein. b. To the extent required by law, Bridgestone agrees to permit any of the foregoing parties to reproduce or to copy excerpts and transcriptions as may be reasonably requested. c. To the extent applicable and required by law, Bridgestone also agrees, pursuant to 49 CFR 633.17, to provide the FTA Administrator or authorized representative (including a Project Management Oversight (PMO contractor) access to Bridgestone’s construction sites and records pertaining to a major capital project, defined at 49 USC §5302(a)(1), which is receiving federal financial assistance through the programs described at 49 USC §§5307, 5309, or 5311. d. Bridgestone further agrees to maintain all books, records, accounts, and reports required under this Agreement for a period of not less than three (3) years after the date of termination or expiration of this Agreement, except in the event of litigation or settlement Bridgestone Tire Lease Agreement (Rev 8/19] Page 11 of claims arising from the performance of this Agreement, in which case Bridgestone agrees to maintain same until Augusta Georgia, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims, or exceptions related thereto. See also 49 CFR 18.39(i)(11). e. Any access to Bridgestone’s records and reports pursuant to this Section shall be upon thirty (30) days’ prior written notice, during normal business hours and at the sole cost and expense of the accessing party. 22. FEDERAL CHANGES. Bridgestone shall at all times comply with all applicable FTA regulations, policies, procedures, and directives, including without limitation those listed directly or by reference in the Master Grant Agreement FTA MA (28) dated February 9, 2021 between Augusta Georgia and the FTA, as they may be promulgated or amended from time to time during the term of this Agreement. Bridgestone’s failure to so comply shall constitute a material breach of this Agreement. Bridgestone agrees to include the above stated provision in each subcontract financed in whole or in part with federal assistance provided by the FTA. 23. TERMINATION FOR CONVENIENCE OR DEFAULT a. Termination for Convenience. Bridgestone shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination Bridgestone shall promptly submit its termination claim to Augusta, Georgia to be paid Bridgestone. If Bridgestone has any property in its possession belonging to Augusta, Georgia, Bridgestone will account for the same, and dispose of it in the manner Augusta, Georgia directs. b. Termination for Default. If Bridgestone does not deliver supplies in accordance with the Agreement delivery schedule, or if the Agreement is for services, Bridgestone fails to perform in the manner called for in the Agreement, or if Bridgestone fails to comply with any other provisions of the Agreement, Augusta, Georgia may terminate this Agreement for default. Termination shall be affected by serving a thirty (30) days’ written Notice of Termination on Contractor setting forth the manner in which Contractor is in default. Bridgestone will be paid only the Agreement price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the Agreement. If it is later determined by Augusta, Georgia that Bridgestone had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of Bridgestone, Augusta, Georgia, after setting up a new delivery of performance schedule, may allow Bridgestone to continue work, or treat the termination as a Termination for Convenience. If Augusta, Georgia fails to make any payment due or to perform any obligation under this contract, Contractor may, at its option and without waiving or limiting any of its other rights or remedies under this contract or at law, declare all of Augusta, Georgia’s indebtedness and obligations to Contractor to be immediately due and payable and may terminate this contract by giving thirty (30) days’ written notice to Augusta, Georgia to that effect. Commented [RM1]: This language was in the ITB and explicitly addressed in the addendum. In accordance with ITB contract provisions and FTA required clauses. Bridgestone Tire Lease Agreement (Rev 8/19] Page 12 24. CIVILS RIGHTS LAWS AND REGULATIONS. The following Federal Civil Rights laws and regulations apply to this Agreement: I. Federal Equal Employment Opportunity (EEO) Requirements. These include but are not limited to: a. Nondiscrimination in Federal Public Transportation Programs. 49 U.S.C. § 5332, covering projects, programs, and activities financed under 49 U.S.C. Chapter 53, prohibits discrimination on the basis of race, color, religion, national origin, sex (including sexual orientation and gender identity), disability, or age, and prohibits discrimination in employment or business opportunity. b. Prohibition against Employment Discrimination. Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C § 2000e, and Executive Order No. 11246, “Equal Employment Opportunity,” September 24, 1965, as amended, prohibit discrimination in employment on the basis of race, color, religion, sex, or national origin. II. Nondiscrimination on the Basis of Sex. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. § 1681 et seq. and implementing Federal regulations, “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance,” 49 C.F.R. part 25 prohibit discrimination on the basis of sex. III. Nondiscrimination on the Basis of Age. The “Age Discrimination Act of 1975,” as amended, 42 U.S.C. § 6101 et seq., and Department of Health and Human Services implementing regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45 C.F.R. part 90, prohibit discrimination by participants in federally assisted programs against individuals on the basis of age. The Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq., and Equal Employment Opportunity Commission (EEOC) implementing regulations, “Age Discrimination in Employment Act,” 29 C.F.R. part 1625, also prohibit employment discrimination against individuals aged 40 and over on the basis of age. IV. Federal Protections for Individuals with Disabilities. The Americans with Disabilities Act of 1990, as amended (ADA), 42 U.S.C. § 12101 et seq., prohibits discrimination against qualified individuals with disabilities in programs, activities, and services, and imposes specific requirements on public and private entities. Third party contractors must comply with their responsibilities under Titles I, II, III, IV, and V of the ADA in employment, public services, public accommodations, telecommunications, and other provisions, many of which are subject to regulations issued by other Federal agencies. 25. CIVIL RIGHTS AND EQUAL OPPORTUNITY. Augusta, Georgia is an Equal Opportunity Employer. As such, Augusta, Georgia agrees to comply with all applicable Federal civil rights laws and implementing regulations. Apart from inconsistent requirements imposed by Federal laws or regulations, Augusta, Georgia agrees to comply with the requirements of 49 U.S.C. § 5323(h) (3) by not using any Federal assistance awarded by FTA to support procurements using exclusionary or discriminatory specifications. Under this Agreement, Bridgestone shall at all times comply with the following requirements and shall include these requirements in each subcontract entered into as part thereof. Bridgestone Tire Lease Agreement (Rev 8/19] Page 13 I. Nondiscrimination. In accordance with Federal transit law at 49 U.S.C. § 5332, Bridgestone agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, disability, or age. In addition, Bridgestone agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. II. Race, Color, Creed, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e et seq., and Federal transit laws at 49 U.S.C. § 5332, Bridgestone agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. chapter 60, and Executive Order No. 11246, "Equal Employment Opportunity in Federal Employment," September 24, 1965, 42 U.S.C. § 2000e note, as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note. Bridgestone agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, national origin, or sex (including sexual orientation and gender identity). Such action shall include, but not be limited to, the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, Bridgestone agrees to comply with any implementing requirements FTA may issue. III. Age. In accordance with the Age Discrimination in Employment Act, 29 U.S.C. §§ 621- 634, U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, “Age Discrimination in Employment Act,” 29 C.F.R. part 1625, the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., U.S. Health and Human Services regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance,” 45 C.F.R. part 90, and Federal transit law at 49 U.S.C. § 5332, Bridgestone agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, Bridgestone agrees to comply with any implementing requirements FTA may issue. IV. Disabilities. In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq., the Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., and Federal transit law at 49 U.S.C. § 5332, Bridgestone agrees that it will not discriminate against individuals on the basis of disability. In addition, Bridgestone agrees to comply with any implementing requirements FTA may issue. V. Bridgestone also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only to identify the affected parties. 26. DISADVANTAGED BUSINESS ENTERPRISE. Contracts over $3,000 awarded on the basis of a bid or proposal offering to use DBEs. It is the policy of Augusta, Georgia and the United States Department of Transportation (“DOT”) that Disadvantaged Business Enterprises (“DBE’s”), as defined herein and in the Federal regulations published at 49 C.F.R. part 26, shall have an equal opportunity to participate in DOT-assisted contracts. It is also the policy of the Augusta, Georgia to: a. Ensure nondiscrimination in the award and administration of DOT-assisted contracts; Bridgestone Tire Lease Agreement (Rev 8/19] Page 14 b. Create a level playing field on which DBE’s can compete fairly for DOT-assisted contracts; c. Ensure that the DBE program is narrowly tailored in accordance with applicable law; d. Ensure that only firms that fully meet 49 C.F.R. part 26 eligibility standards are permitted to participate as DBE’s; e. Help remove barriers to the participation of DBEs in DOT assisted contracts; f. To promote the use of DBEs in all types of federally assisted contracts and procurement activities; and g. Assist in the development of firms that can compete successfully in the marketplace outside the DBE program. This Agreement is subject to 49 C.F.R. part 26. Therefore, Bridgestone must satisfy the requirements for DBE participation as set forth therein. These requirements are in addition to all other equal opportunity employment requirements of this Agreement. Augusta, Georgia shall make all determinations with regard to whether or not a Bidder/Offeror is in compliance with the requirements stated herein. In assessing compliance, Augusta, Georgia may consider during its review of the Bidder/Offeror’s submission package, the Bidder/Offeror’s documented history of non-compliance with DBE requirements on previous contracts with Augusta, Georgia. 27. CONTRACT ASSURANCES. Bridgestone, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Agreement. Bridgestone shall carry out applicable requirements of 49 C.F.R. part 26 in the award and administration of DOT- assisted contracts. Failure by Bridgestone to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as the recipient deems appropriate, which may include, but is not limited to: a. Withholding monthly progress payments; b. Assessing sanctions; c. Liquidated damages; and/or d. Disqualifying Bridgestone from future bidding as non-responsible. 49 C.F.R. § 26.13(b). 28. PROMPT PAYMENT. 49 C.F.R. § 26.29(a). Bridgestone agrees to pay each subcontractor, if any, under this Agreement for satisfactory performance of its contract no later than 30 days from the receipt of each payment from Augusta, Georgia. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of Augusta, Georgia. This clause applies to both DBE and non-DBE subcontracts. Commented [RM2]: In required FTA clauses and ITB, pages 25-26 Bridgestone Tire Lease Agreement (Rev 8/19] Page 15 RETAINAGE. To the extent applicable and required by law, Augusta, Georgia will ensure prompt and full payment of retainage from Bridgestone to the subcontractor within thirty (30) days after the subcontractor’s work is satisfactorily completed by using one or more of the following methods a. Declining to hold retainage from Bridgestone and prohibiting Bridgestone from holding retainage from subcontractors. b. Declining to hold retainage from Bridgestone and requiring a contract clause obligating Bridgestone to make prompt and full payment of any retainage kept by Bridgestone to the subcontractor within thirty (30) days after the subcontractor's work is satisfactorily completed. c. Holding retainage from Bridgestone and providing for prompt and regular incremental acceptances of portions of the contract, pay retainage to Bridgestone based on these acceptances, and require a contract clause obligating Bridgestone to pay all retainage owed to the subcontractor for satisfactory completion of the accepted work within thirty (30) days after Augusta, Georgia’s payment to Bridgestone. d. Requiring a contract clause that requires Bridgestone to include in their subcontracts language providing that Bridgestone and subcontractor will use appropriate alternative dispute resolution mechanisms to resolve payment disputes. e. Requiring a contract clause providing that Bridgestone will not be reimbursed for work performed by subcontractors unless and until Bridgestone ensures that the subcontractors are promptly paid for the work they have performed. Augusta, Georgia shall have the power and authority to enforce all of the provisions of this subsection and may, to the extent permitted by law, implement suspension and debarment for non-compliance as provided in Chapter 10 of the AUGUSTA, GEORGIA CODE. 29. DBE PARTICIPATION For the purpose of this Contract, Augusta, Georgia will accept only DBE’s who are: (1) Certified, at the time of bid opening or proposal evaluation, by the [certifying agency or the Unified Certification Program (UCP)]; or (2) An out-of-state firm who has been certified by either a local government, state government or Federal government entity authorized to certify DBE status or an agency whose DBE certification process has received FTA approval; or (3) Certified by another agency approved by the AGENCY. 30. DBE PARTICIPATION GOAL The DBE participation goal for this Agreement is set at 5.64%. This goal represents those elements of work under this Contract performed by qualified Disadvantaged Business Enterprises for amounts totaling not less than 5.64% of the total Contract price and failure to meet this percentage goal shall not constitute material breach of this Agreement. Commented [LR3]: Given that this is a lease for tires, we won’t be using subcontractors and therefore there isn’t a goal to reach. Bridgestone Tire Lease Agreement (Rev 8/19] Page 16 31. TERMINATION OF THE DBE SUBCONTRACTOR. To the extent applicable and required by law, Bridgestone shall not terminate the DBE subcontractor(s) listed in the DBE Participation Schedule without Augusta, Georgia’s prior written consent. Augusta, Georgia may provide such written consent only if Bridgestone has good cause to terminate the DBE firm. Before transmitting a request to terminate, Bridgestone shall give notice in writing to the DBE subcontractor of its intent to terminate and the reason for the request. Bridgestone shall give the DBE five days to respond to the notice and advise of the reasons why it objects to the proposed termination. When a DBE subcontractor is terminated or fails to complete its work on the Agreement for any reason, Bridgestone shall make good faith efforts to find another DBE subcontractor to substitute for the original DBE and immediately notify the Augusta, Georgia in writing of its efforts to replace the original DBE. These good faith efforts shall be directed at finding another DBE to perform at least the same amount of work under the Agreement as the DBE that was terminated, to the extent needed to meet the Agreement goal established for this procurement. Failure to comply with these requirements will be in accordance with Section 33 below (Sanctions for Violations). 32. CONTINUED COMPLIANCE. Augusta, Georgia shall monitor the Bridgestone’s DBE compliance during the life of the Contract. In the event this procurement exceeds ninety (90) days, it will be the responsibility of Bridgestone to submit quarterly written reports to Augusta, Georgia that summarize the total DBE value for this Contract via use of the DBE Monthly Utilization Report and the DBE Final Utilization Report. These reports shall provide the following details: a. DBE utilization established for the Contract; b. Total value of expenditures with DBE firms for the quarter; c. The value of expenditures with each DBE firm for the quarter by race and gender; d. Total value of expenditures with DBE firms from inception of the Contract; and e. The value of expenditures with each DBE firm from the inception of the Contract by race and gender. Reports and other correspondence must be submitted to the DBE Coordinator with copies provided to Augusta, Georgia Compliance Department and Augusta Georgia Public Transit. Reports shall continue to be submitted quarterly until final payment is issued or until DBE participation is completed. To the extent required by law, Bridgestone shall permit: a. Augusta, Georgia to have access to necessary records to examine information as Augusta, Georgia deems appropriate for the purpose of investigating and determining compliance with this provision, including, but not limited to, records of expenditures, invoices, and contract between the successful Bidder/Offeror and other DBE parties entered into during the life of the Contract. Bridgestone Tire Lease Agreement (Rev 8/19] Page 17 b. The authorized representative(s) of Augusta, Georgia, the U.S. Department of Transportation, the Comptroller General of the United States, to inspect and audit all data and record of the Bridgestone relating to its performance under the Disadvantaged Business Enterprise Participation provision of this Contract. c. All data/record(s) pertaining to DBE shall be maintained as stated in Section record keeping requirements for this Agreement. 33. SANCTIONS FOR VIOLATIONS. If at any time Bridgestone is in violation of its obligations under this Agreement or has otherwise failed to comply with terms of this Section, Augusta, Georgia may, in addition to pursuing any other available legal remedy, commence proceedings, which may include but are not limited to, the following: a. Suspension of any payment or part due Bridgestone until such time as the issues concerning Bridgestone’s compliance are resolved; and b. Termination or cancellation of the Agreement, in whole or in part, unless the successful Bridgestone is able to demonstrate within a reasonable time that it is in compliance with the DBE terms stated herein. 34. INCORPORATION OF FTA TERMS. This Agreement shall be deemed to include and does hereby incorporate by reference all standard terms and conditions required by the U.S. DOT and FTA, regardless of whether expressly set forth in this attachment or in the Agreement and include, but are not limited to, all of the duties, obligations, terms and conditions applicable to the Project or Agreement as described in FTA Circular 4220.1F, dated November 1, 2008, Rev. 4, March 13, 2013, and the FTA’s Master Grant Agreement FTA MA (28) dated February 9, 2021, as each may be amended from time to time. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with any other provisions contained in the contract, agreement or purchase order. Bridgestone shall not perform any act, fail to perform any act, or refuse to comply with any requirement which would cause the Augusta, Georgia to be in violation of its Agreement with FTA, or Augusta, Georgia to be in violation of any FTA terms and conditions applicable to this Project of any grant the Augusta, Georgia may have with FTA. Bridgestone agrees to include the above stated provision in each subcontract financed in whole or in part with federal assistance provided by the FTA. 35. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION. This Agreement has a value of $25,000 or more, this procurement is a covered transaction for purposes of 49 CFR Part 29. As such, Bridgestone is required to verify that neither Bridgestone or its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. Bridgestone agrees to comply with and assures compliance of each third-party contractor and sub-recipient at any tier, with 49 CFR 29, Subpart C, while its proposal, offer or bid is pending and throughout the period that any contract arising out of such offer, proposal or bid is in effect. Bridgestone further agrees to include a provision requiring such compliance in its subcontracts or any lower tier covered transaction it enters into. 36. ENERGY CONSERVATION. Bridgestone agrees to comply with applicable, mandatory standards and policies related to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. Bridgestone further agrees to Bridgestone Tire Lease Agreement (Rev 8/19] Page 18 include a similar provision in each subcontract financed in whole or in part with federal assistance provided by FTA. 37. RECYCLED PRODUCTS. Bridgestone agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA) as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. 38. BUY AMERICA REQUIREMENTS. a. Except as provided in § 661.7 and § 661.11 of this part, no funds may be obligated by FTA for a grantee project unless all iron, steel, and manufactured products used in the project are produced in the United States. b. All steel and iron manufacturing processes must take place in the United States, except metallurgical processes involving refinement of steel additives. c. The steel and iron requirements apply to all construction materials made primarily of steel or iron and used in infrastructure projects such as transit or maintenance facilities, rail lines, and bridges. These items include, but are not limited to, structural steel or iron, steel or iron beams and columns, running rail and contact rail. These requirements do not apply to steel or iron used as components or subcomponents of other manufactured products or rolling stock, or to bimetallic power rail incorporating steel or iron components. d. For a manufactured product to be considered produced in the United States: (1) All of the manufacturing processes for the product must take place in the United States; and (2) All of the components of the product must be of U.S. origin. A component is considered of U.S. origin if it is manufactured in the United States, regardless of the origin of its subcomponents. 39. BREACHES AND DISPUTE RESOLUTION. Augusta, Georgia and Contractor intend to resolve all disputes under this contract to the best of their abilities in an informal manner. In the event that a resolution of the dispute is not mutually agreed upon, the parties can agree to mediate the dispute or proceed with litigation. FTA Circular 4220.1F imposes the requirements at 49 CFR part 18 upon all contracts in excess of $100,000, which contain provision of conditions that allow for administrative, contractual, or legal remedies where contractors violate or breach contract terms and provide for such sanctions and penalties as may be appropriate. Accordingly, should the provisions of this Agreement not address a particular subject or issue involving disputes, performance during disputes, claims for damages, remedies, or rights and remedies, Bridgestone agrees to comply with the provisions contained at 49 CFR Part 18, and further agrees to include a similar provision in all subcontracts over $100,000 40. LOBBYING. Contractors who apply or bid for an award of $100,000 or more shall file the certification required by U.S. Department of Transportation regulation, “New Restrictions on Lobbying,” 49 CFR Part 20, modified as necessary for 31 USC §1352. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 USC §1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has Commented [RM4]: Required FTA language. Cannot be deleted. Also required clause from ITB, page 30, Section 2.1.14. Bridgestone Tire Lease Agreement (Rev 8/19] Page 19 made lobbying contacts on its behalf with non-federal funds with respect to that federal contract, grant, or award covered by 31 USC §1352. Such disclosures are forwarded from tier to tier up to the recipient. 41. CLEAN AIR. The Clean Air requirements apply to all contracts exceeding $100,000, including indefinite quantities where the amount is expected to exceed $100,000 in any year. Bridgestone agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act, as amended, 42 USC §7401, et seq. Bridgestone agrees to report each violation to Augusta, Georgia and agrees that Augusta, Georgia will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA regional office. Bridgestone further agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with federal assistance provided by FTA. 42. CLEAN WATER. If this Agreement is valued at $100,000 or more, Bridgestone agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq. Bridgestone agrees to report each violation to Augusta Georgia and agrees that Augusta Georgia will, in turn, report each violation as required to assure notification to the FTA and the appropriate EPA regional office. Bridgestone also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with federal assistance provided by FTA. 43. CARGO PREFERENCE REQUIREMENTS. USE OF UNITED STATES-FLAG VESSELS. To the extent applicable and required by law, Bridgestone agrees to the following conditions: a. to use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying Agreement to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels. b. to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 days following the date of loading for shipments originating outside the United States, a legible copy of a rated, “on-board” commercial ocean bill-of-lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington D.C. 20590 and the FTA recipient (through the Bridgestone in the case of a subcontractor’s bill-of lading.) c. to include these requirements in all subcontracts issued pursuant to the Agreement when the subcontract may involve the transport of equipment, materials, or commodities by ocean vessel. 44. FLY AMERICA. To the extent applicable and required by law, Bridgestone agrees to comply with 49 USC 40118 (the “Fly America” Act) in accordance with the General Services Administration regulations at 41 CFR part 301-10, which provide that recipients and subrecipients of federal funds and their contractors are required to use U.S. Flag air carriers for U.S. Government-financed Bridgestone Tire Lease Agreement (Rev 8/19] Page 20 international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. Bridgestone shall submit, if a foreign air carrier is used, an appropriate certification or memorandum adequately explaining why service by a U.S. Flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certification of compliance with the Fly America requirements. Bridgestone agrees to include this requirement in all subcontracts that may involve international air transportation. 45. FORCE MAJEURE. Neither Party will be liable for delays in performing its obligations under this Agreement to the extent that the delay is caused by Force Majeure; provided, however, that within ten (10) business days of the Force Majeure event, the Party whose performance is delayed provides the other Party with written notice explaining the cause and extent thereof, as well as a request for a reasonable time extension equal to the estimated duration of the Force Majeure event. Force Majeure events shall include, but shall not be limited to: shall include fire, riot, strike, lockout, war, civil commotion, accident, breakdown of plant or machinery, flood, labor unrest, acts of God, declared epidemics/pandemics, omissions or acts of public authorities, changes in law, regulations or policies of the Government. If there is an increase in price or costs, as a result of the occurrence of a force majeure event, the Party delayed by the Force Majeure event shall be responsible for said differential. 46. SUBCONTRACTING. Should Bridgestone intend to subcontract all or part of the work specified, name(s) and addressees) of subcontractor(s) must have been listed on the Bridgestone’s Bid Sheet. Bridgestone shall be responsible for subcontractor(s) full compliance with the requirements thereof. 47. GEORGIA OPEN RECORDS ACT. Bridgestone acknowledges that this Agreement and certain documentation may be subject to the Georgia Open Records Act (OCGA §50-18-70, et seq.). Bridgestone shall cooperate fully in responding to such requests and shall make all records that are not exempt, available for inspection and copying to the extent required by law. 48. MODIFICATION REQUIRES LEGISLATIVE APPROVAL. This Agreement may only be modified by a written amendment signed by an authorized representative of each Party. Bridgestone acknowledges that this Agreement 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, Bridgestone is deemed to possess knowledge concerning Augusta, Georgia's ability to assume contractual obligations and the consequences of Bridgestone’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 Bridgestone may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Bridgestone agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if Bridgestone 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 Bridgestone. Bridgestone 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 Bridgestone Tire Lease Agreement (Rev 8/19] Page 21 mandatory provision in all Augusta, Georgia contracts for goods and services, except revenue producing contracts. 49. MODIFICATIONS TO AGREEMENT. a. Written Change Orders: Oral change orders are not permitted. No change in the contract shall be made unless Augusta give prior written approval. Bridgestone shall be liable for all reasonable costs resulting from, and/or for satisfactorily correcting, any specification change not properly ordered by written modification to the Agreement and signed by Augusta . b. Change Order Procedure: Within thirty (30) calendar days after receipt of the written change order to modify the contract, Bridgestone shall submit to AUGUSTA, GEORGIA a detailed price and schedule for the work to be performed. This bid shall be accepted or modified by negotiations between Bridgestone and AUGUSTA, GEORGIA. At that time a detailed modification shall be executed in writing by both parties. No changes to the contract shall be made unless Augusta, Georgia and Bridgestone give prior written approval, and it receives the required approval according to the code. 50. NOTICES. All notices, requests, demands, claims, and other communications hereunder shall be in writing. Any notice, request, demand, claim, or other communication hereunder shall be deemed duly given when delivered personally to the recipient, (ii) one (1) business day after being sent to the recipient by reputable overnight courier service (charges prepaid), (iii) one (1) business day after being sent to the recipient by facsimile transmission or electronic mail, or (iv) four (4) business days after being mailed to the recipient by certified or registered mail, return receipt requested and postage prepaid, and addressed to the intended recipient as set forth on the signature page. Any Party may change the address to which notices, requests, demands, claims, and other communications hereunder are to be delivered by giving the other Parties notice in the manner herein set forth. FOR AUGUSTA: Augusta Transit Department Attn: Sharon Dottery, Director ____________________ ____________________ With Copy to: Augusta Law Department Attn: General Counsel, Wayne Brown 535 Telfair Street, Building 3000 Augusta, Georgia 30901 FOR BRIDGESTONE: _Bridgestone Americas Tire Operations, LLC Commented [RM5]: This clause is from Augusta’s Procurement Code and cannot be altered without Commission approval. Commented [RM6]: Clause from ITB, page 36, Section 3.8 (A), Bridgestone Tire Lease Agreement (Rev 8/19] Page 22 _Attn: Mileage Solutions, Law Department _200 4th Ave S _Nashville, TN 37201 51. PROHIBITION AGAINST CONTINGENT FEES. Bridgestone 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 Bridgestone for the purpose of securing business and that Bridgestone has not received any non-Client fee related to this Agreement without the prior written consent of Recipient. For breach or violation of this warranty, Recipient shall have the right to terminate this Agreement pursuant to this Section or at its discretion to deduct from the Agreement, the full amount of such commission, percentage, brokerage or contingent fee. 52. SEVERABILITY. If a court finds any provision of this Agreement to be invalid, illegal or unenforceable, the remainder of this Agreement shall remain in full force and effect. Upon such determination that any term or other provision is invalid, illegal or unenforceable, the Parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the Parties as closely as possible in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible. 53. NO WAIVER. In the event that the terms and conditions of this Agreement are not strictly enforced by either party, such non-enforcement will not act as or be deemed to act as a waiver or modification of this Agreement, nor will such non-enforcement prevent such party from enforcing each and every term of this Agreement thereafter. 54. GOVERNING LAW, JURISDICTION, AND VENUE. This Agreement shall be governed by and construed in accordance with the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule (whether of the State of Georgia or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Georgia. Any legal suit, action or proceeding arising out of or related to this Agreement or the matters contemplated hereunder shall be instituted exclusively in the federal or state courts located in Richmond County, Georgia. Each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding and waives any objection based on improper venue or forum non conveniens. Service of process, summons, notice or other document by mail to such Party’s address set forth herein shall be effective service of process for any suit, action or other proceeding brought in any such court. 55. COUNTERPARTS. This Agreement may be executed in one or more counterparts each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. A signed copy of this Agreement delivered by facsimile, e-mail or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement. 56. ENTIRE AGREEMENT. This Agreement and its attachments and exhibits are the entire understanding of the Parties, to wit: Solicitation, Offer (Bridgestone’s Response to ITB #22-231), & Award for ITB #22-231, Contractual Provisions from ITB #22-231, Technical Specifications from Bridgestone Tire Lease Agreement (Rev 8/19] Page 23 ITB #22-231, and this Tire Lease Agreement. Said documents shall supersede any other agreement, whether written or oral. Should there be a conflict between any of the above-referenced documents, the order of precedence shall be as follows: This Tire Lease Agreement, Solicitation and Award for ITB #22-231, Contractual Provisions from ITB #22-231, and Technical Specifications from ITB #22-231, the Offer (Bridgestone’s Response to ITB #22-231). [Signatures appear on following page.] Bridgestone Tire Lease Agreement (Rev 8/19] Page 24 IN WITNESS WHEREOF, the said parties, by the hand of their respective officers authorized to do so, have signed this Agreement in duplicate the day and year first above written. Bridgestone Americas Augusta, Georgia Tire Operations, LLC _______________________________ ______________________________________ Name: CJ Messmer Name: Hardie Davis, Jr. Title: Director- Mileage Solutions Title: Mayor WITNESS: ATTEST: ____________________________________ _____________ Lena J. Bonner, Clerk of Commission DATE: DATE: ____________________________________ _____________ Bridgestone Tire Lease Agreement (Rev 8/19] Page 25 Exhibit A Intellitire TPMS Standard Terms and Conditions These Standard Terms and Conditions (the “Terms”) govern Augusta’s receipt and use of Intellitire TPMS solution (collectively, the “Products and Services”) provided by Bridgestone, and constitute a part of the Agreement. 1. Definitions. a. “Bridgestone Software” means all computer software proprietary to Bridgestone or its affiliates that is included in or delivered or made available to Augusta as part of the Products and Services. b. “Effective Date” means the effective date set forth in the Amendment. c. “Feedback” means any communications or materials Augusta or any of its employees or contractors provide to Bridgestone by mail, email, telephone, or otherwise, suggesting changes to the Products and Services, including, without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like. d. “Fees” means all amounts payable pursuant to the Agreement or as otherwise set forth herein, together with any taxes accruing with respect thereto for which Augusta is responsible, pursuant to the terms of the Agreement. e. “Malicious Code” means viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs. Malicious Code does not include the ability of Bridgestone to remotely access, monitor, update, suspend operation of or disable any System or Software. f. “Augusta Data” means (a) all data, information and content or materials, regardless of the form or media in which such items are held collected, downloaded or otherwise received directly or indirectly from Augusta or a user by or through the Products and Services; and (b) any related output as a result of and/or as part of the Products and Services. Personal Data is a subset of Augusta Data. g. “Personal Data” means all information relating to identified or identifiable individuals received from Augusta or a user or otherwise obtained by Bridgestone in connection with this Agreement or to which Bridgestone has access while providing the Products and Services under this Agreement. h. “System” means, as the context may dictate, an individual computer, mobile device or other component of hardware, equipment or technology, together, as may be applicable, with any related peripherals, provided to Augusta as part of the Products and Services, and whether purchased by Augusta or leased or loaned to Augusta by Bridgestone. i. “Third Party Materials” means any hardware, software or other materials not proprietary to Bridgestone that constitute a part of or are incorporated in any part of the Products and Services. 2. Products and Services. Bridgestone will provide the Products and Services to Augusta in accordance with the terms of this Agreement and the applicable Product and Service Descriptions and Additional Terms, if any (collectively, as applicable, the “Product and Service Descriptions”). 3. Term and Termination. a. Renewal. See Section 16 of the Agreement. b. Termination. See Section 11 of the Agreement. c. Effect of Termination. Accrued payment obligations, in addition to any other amounts to be paid, reimbursed or otherwise retained by Bridgestone pursuant to the Agreement, together with any provisions which by their nature should survive, will survive any termination or expiration of the Agreement. Termination or expiration of the Agreement for any reason shall not release either party from any liability which has already accrued as of the effective date of such termination or expiration, and shall not constitute a waiver or release of, or otherwise be deemed to prejudice or adversely affect, any remedies or claims, whether for damages or otherwise, which a party may have hereunder, at law, equity or otherwise or which may arise out of or in connection with such termination or expiration. Upon the termination or expiration of the Agreement, Augusta will cease all use of any Bridgestone Software and will remove all such Bridgestone Software from any systems owned or controlled by Bridgestone, and Augusta will return, at its cost, and in accordance Bridgestone Tire Lease Agreement (Rev 8/19] Page 26 with Bridgestone’s instructions, all hardware, equipment and other materials in its possession that are the property of Bridgestone (if any). 4. Fees and Payment Terms. a. Fees. Augusta will pay the Fees set forth in the Agreement. b. Payment Terms. See Section 2 of the Agreement. c. Title to Hardware and Equipment. i. Subject to clause ii. below, title to hardware and equipment purchased from Bridgestone will pass to Augusta once final payment for such hardware and equipment has been received by Bridgestone. This does not apply to the extent any hardware or equipment which is leased or that per the terms of the Agreement is to remain the property of Bridgestone. In the event of any failure on the part of Augusta to pay any amount due to Bridgestone with respect thereto, then Bridgestone or its agent may enter onto Augusta’s property during normal business hours and take possession of such hardware and equipment for the purposes of selling same. Any such sale will be conducted reasonably. To the extent the proceeds of any such sale, after deducting Bridgestone’s reasonable cost of recovering, holding and selling such hardware and equipment, exceed the amounts owed by Augusta to Bridgestone under this and each other agreement between the parties, such excess will be paid to Augusta promptly after conclusion of the sale. ii. The provisions of clause i. above are not intended to grant Bridgestone any greater rights in respect of the hardware or equipment that is the subject of clause i. above than would be available to a secured party under Article 9 of the Uniform Commercial Code holding a perfected purchase money security interest in such hardware and equipment (provided, for the avoidance of doubt, it shall not be a requirement of exercising any such rights that Bridgestone shall have perfected a purchase money security interest in such hardware or equipment in accordance with Article 9 of the Uniform Commercial Code). iii. Once purchased, hardware and equipment may not be returned for a refund. d. Indemnification. Augusta may have access to certain Systems owned by Bridgestone in connection with its use of Bridgestone’s Intellitire product. Augusta hereby agrees to indemnify Bridgestone for any and all loss or damage to such Systems that is caused directly or indirectly by Augusta’s use of the Intellitire product or Augusta’s connection to such Systems in connection with the use of the Intellitire product. 5. Maintenance and Support Services. Maintenance and support for the Products and Services will be provided by Bridgestone to Augusta in accordance with the terms of applicable Product and Service Descriptions. 6. LIMITED WARRANTIES AND DISCLAIMERS. a. Augusta understands and acknowledges that Bridgestone is not the manufacturer, supplier or publisher of any Third Party Materials offered under this Agreement, and to the extent it is providing any such Third Party Materials as part of the Products and Services, it is doing so in a reseller or similar capacity. As such, Bridgestone will pass through to Augusta, to the extent available, any such manufacturer’s, supplier’s or publisher’s warranties associated with the Third Party Materials purchased or acquired from or through Bridgestone, but Bridgestone does not provide any additional warranties with respect to such Third Party Materials. Except for any such warranties that may be passed through by Bridgestone from such manufacturers, suppliers or publishers, ALL SUCH THIRD PARTY MATERIALS ARE PROVIDED ON AN “AS-IS, AS-AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND BY BRIDGESTONE, EXPRESS OR IMPLIED. b. SUBJECT TO SECTION 6.A ABOVE, BRIDGESTONE WARRANTS THAT THE PRODUCTS AND SERVICES SHALL BE PERFORMED AND SUPPLIED WITH REASONABLE CARE AND SKILL. EXCEPT AS SET FORTH IN THE FOREGOING SENTENCE, THE PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS-IS, AS-AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED. BRIDGESTONE EXPRESSLY DISCLAIMS AND EXCLUDES ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, STATUTORY, IMPLIED, OR OTHERWISE, WHETHER Bridgestone Tire Lease Agreement (Rev 8/19] Page 27 WRITTEN OR ORAL, WITH RESPECT TO THE PRODUCTS AND SERVICES, AND HEREBY DISCLAIMS AND EXCLUDES ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES, INCLUDING (BUT NOT LIMITED TO) ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS OR SUITABILITY FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, OR SATISFACTORY QUALITY, WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN TRADE, OR THAT THE PRODUCTS AND SERVICES WILL BE ERROR-FREE OR SECURE. 7. LIMITATION OF LIABILITY. See Section 15 of the Agreement. 8. Confidentiality. a. The parties expressly acknowledge that in the course of their performance, they may learn, view or have access to certain confidential and proprietary information of the other party (“Confidential Information”). Each party shall (i) not disclose, directly or indirectly to any third party any portion of the Confidential Information without the prior written consent of the disclosing party, (ii) not use or exploit the Confidential Information for any purpose other than as required in the performance of this Agreement, and (iii) take appropriate action to protect the confidentiality of the Confidential Information received hereunder, utilizing at least the same standard of care it uses to protect its own Confidential Information, but in no event less than a reasonable standard of care. A party's Confidential Information shall not include information that (A) is or becomes a part of the public domain through no act or omission of the receiving party, (B) was in the receiving party's lawful possession prior to the disclosure, or (C) is lawfully disclosed to the receiving party by a third party without restriction on disclosure. If the receiving party is required to disclose Confidential Information of the other party to satisfy any legal requirement, the receiving party may disclose the Confidential Information provided that the receiving party gives the disclosing party reasonable prior notice to contest such order (to the extent legally permitted to do so) and that the receiving party discloses only such portions of the Confidential Information as required by such legal requirement. b. This Section 8 will not be deemed to prohibit Bridgestone from collecting anonymized, aggregate data relating to the Products and Services (“Aggregate Data”) and using and further distributing such usage Aggregate Data. Bridgestone reserves all rights, title and interest in and to the Aggregate Data. Aggregate Data will be collected in accordance with the privacy policies of Bridgestone or Bridgestone Canada Inc., as applicable. Those privacy policies are available at https://www.bridgestoneamericas.com/en/privacy-policy and https://www.bridgestonetire.ca/about/privacy, respectively. c. Augusta shall ensure that all Augusta Data and Augusta’s collection, transfer, and use thereof complies with applicable (i) export laws and regulations of the United States, and (ii) data privacy laws. To the extent the Products and Services involve the collection, receipt, processing, transfer, or other use of any Personal Data, additional terms may apply as set forth in the Product and Service Descriptions and/or a separate addendum. 9. Security. a. Malicious Code. Where applicable and to the extent available, Bridgestone uses commercially available anti-malicious code software intended to keep the Products and Services, as delivered by Bridgestone, free of Malicious Code. Augusta acknowledges that no such software is perfect, and in particular, it is difficult to protect against Malicious Code that has not yet been detected and countered by commercial anti-malicious code software providers. Other than using commercially reasonable efforts to keep such anti-malicious code software up to date on any applicable systems that remain under Bridgestone’s control, Bridgestone assumes no obligation or liability whatsoever with respect to any Malicious Code. b. Remote System Updates. Where applicable, Systems may be updated remotely by Bridgestone to deploy new software and update existing software. In the event that such remote deployment is ineffective or abnormally slowed, and Bridgestone reasonably determines that the cause is an issue with Augusta’s software or hardware, the age of Augusta’s Systems including hardware and operating system components, the failure of Augusta to update the operating systems and software with releases and other updates provided by the third party owner thereof, or other circumstances Bridgestone Tire Lease Agreement (Rev 8/19] Page 28 outside Bridgestone’s control, then Bridgestone shall so notify Augusta, and Bridgestone may discontinue the provision of support and maintenance services until such issues have been remedied by Augusta. 10. Intellectual Property. Each System consists of both hardware and software, and Augusta acknowledges that, notwithstanding any other provisions of this Agreement and/or references to any “transfer” or “assignment” of Systems in this Agreement, the title to, and ownership of, the Bridgestone Software will at all times remain with Bridgestone. Augusta is hereby granted for the duration of the term of the Agreement a non-exclusive, non-transferrable, and non-sublicensable license to use the Bridgestone Software only as delivered by Bridgestone, and where such Bridgestone Software is installed on a System, solely on the System as delivered by Bridgestone. Software is licensed for the hardware on which it is originally installed and may not be transferred. Bridgestone retains all copyright, patent, trademark, trade secret and other intellectual property rights in and to the Bridgestone Software. Augusta acknowledges that all copies of the Bridgestone Software, together with the Products and Services with which such Bridgestone Software has been or is provided, and any derivative works, compilations, and collective works thereof and any know-how and trade secrets related thereto, are the sole and exclusive property of Bridgestone and its licensors and contain Bridgestone’s and such licensors’ confidential and proprietary materials. Augusta will not attempt to reverse engineer, disassemble, or decompile any portion of the Products and Services. Portions of the Products and Services may utilize or include Third Party Materials. Acknowledgements, licensing terms and disclaimers for such Third Party Materials will be contained in the documentation for the Systems or the Bridgestone Software, as applicable, or may otherwise accompany such material, and use of such material will be governed by their respective terms. Augusta hereby assigns to Bridgestone on Augusta's behalf, and on behalf of its employees, contractors and/or agents, all right, title, and interest in, and Bridgestone is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose, although Bridgestone is not required to use any Feedback. As between Augusta and Bridgestone, except as otherwise set forth in this Agreement, all right, title and interest in and to the Augusta Data is owned exclusively by Augusta. 11. Miscellaneous. a. Replacement Costs. Augusta agrees to be liable and responsible for any loss, damage or destruction of a System from the time it arrives at Augusta’s location and until such time as it is received by Bridgestone at its facility. It is agreed by Augusta that should any such loss, damage or destruction occur at any time during the term of this Agreement, Augusta shall bear all costs of replacement of the affected System(s). Cost of replacement shall be deemed to be the then current price for such hardware (or repair if repairable and less than the replacement cost) together with applicable round- trip shipping costs and taxes. b. Provision of Utilities. Where applicable, Augusta shall provide necessary high-speed and/or wireless Internet access, electricity, and other necessary and/or appropriate utilities and fixtures for each System and agrees to be liable for any fault, malfunction, or loss of service due to any such utility or fixture. The absence or unavailability of any such items will not be deemed to excuse Augusta from any of its obligations hereunder, including its obligation to pay the Fees as set forth herein. c. Assignment. See Section 14 of the Agreement. d. Independent Contractor. Bridgestone is an independent contractor and nothing contained in this Agreement will be construed to create the relationship of employer/employee, principal and agent, partnership or joint venture, or any other fiduciary relationship between Bridgestone and Augusta. e. Delivery and Acceptance. Bridgestone shall use commercially reasonable efforts to deliver to Augusta, as promptly as reasonably practicable after the Effective Date, the applicable Products and Services, in accordance with the terms of this Agreement. Such Products and Services will be deemed accepted by the Augusta upon receipt. f. Choice of Law & Venue. See Section 55 of the Agreement. g. Third Party Beneficiary. The Agreement is solely between and for the benefit of Augusta and Bridgestone, and no person or entity other than the parties themselves has any rights or remedies under this Agreement.t Bridgestone Tire Lease Agreement (Rev 8/19] Page 29 h. Force Majeure. Bridgestone party shall not be responsible for any failure to perform, or delay in performing, any of its obligations under the Agreement where and to the extent such performance is rendered impossible or delayed due to causes outside the reasonable control of Bridgestone (“Force Majeure”). Such instances of Force Majeure may include, without limitation, Acts of God or of the public enemy, acts of the government, fires, floods, epidemics, quarantine restrictions, freight embargoes, civil commotions, strikes, labor disputes or the like. i. Notice. For purposes of the Agreement, any notice that may or must be delivered by one party to another shall be deemed sufficient if made in writing and sent by certified mail or overnight courier to, either party at the addresses indicated in the Agreement. j. Headings. The section headings contained in the Agreement are for reference purposes only and shall not affect the meaning or interpretation of the Agreement. k. Waiver. No waiver of any provision of this agreement will be effective unless it is in writing and signed by the party granting the waiver. No failure or delay in exercising any discretion or remedy under this agreement operates as a waiver of that discretion or remedy. A waiver granted on one occasion will not operate as a waiver on future occasions. Public Service Committee Meeting 7/12/2022 1:00 PM Tire Lease Contract - ITB 21-231 Department:Augusta Transit Presenter:Sharon Dottery Caption:A motion to approve a Contract with Bridgestone Americas Tire Operations, LLC for the Leasing of Transit Bus Tires. (ITB 21- 231) Background:This request is for the authorization to contract with Bridgestone Americas Tire Operation, LLC for the Leasing of Transit Bus Tires. The term of this lease shall be for a three (3) year period with the option to extend for two (2) additional one (1) year periods for a total lease agreement up to five (5) years. The pricing for the lease of tires was awarded through a competitive bid process. Bridgestone Americas Tire Operations, LLC was determined to be the most responsive and responsible bidder. The bid process was initiated and recommend for award by Augusta Transit Department. Analysis:Augusta Transit currently operates a fleet of 29 vehicles (15 fixed route buses, and 14 paratransit cutaway style vehicles) with each type of vehicle requiring different tire sizes. The vehicles are equipped with six (6) tires each for a total of 174 tires. There are seven (7) Support vehicles with each type of vehicle requiring four (4) tires each for a total of 28 tires. Total of 36 vehicles in fleet. The life of a tire is estimated to be approximately 55,000 miles. At an average cost of $600.00 per tire, it would cost approximately $115,200.00 to buy and replace all tires. On average buses travel approximately 22,000 to 25,000 miles per year. Based on normal wear and tear an average of approximately $35,000 per year. When purchasing tires, the additional costs such as labor, storage, warranty, and disposal costs must be considered. With a lease contract a large portion of the additional cost are included in the lease rate. Therefore, it is deemed to be more cost effective to lease rather than buy. Some key advantages to leasing versus buying include the following: • No burden with tire inventory investment cost • Complete inventory including adequate spare tires for the proper upkeep and maintenance of the tire program • Controlled cost per mile known in advance with annual fixed rates (simplifies budgeting) • Pay only for tire mileage operated at lowest cost- per-mile available • No freight charges • Casing disposal • No capital tied up to equip and maintain tire shop • Minimize labor, fringe, and workers’ comp expense for tire shop personnel • Technical assistance from engineers and field representative • Routine visit by Technical Representative: ? Fleet inspection ? Monitor wear characteristics ? Training - tire maintenance ? Recommendations offered to enhance performance • Priority for continued supply during tire-related material shortage • Opportunities and related cost savings available for operating with all original tires, if desired (i.e., road calls) • Warranty replacements with new tire re should last approximately two (2) years. The cost to date to lease tires has been an average of Financial Impact:This purchase will be funded with local and federal grant funds from the Transit Department’s 2016 Capital Budget. The allocated funding breakdown is: Split Federal Local FTA Grant GA-2021-023 80/20 $200,000 $ 50,000 Total $250,000.00 $200,000 $50,000 Alternatives:The only alternative would be to purchase the tires versus leasing them. Recommendation:Approve the Contract for Leasing of Transit Tires from Bridgestone Americas Tire Operations, LLC. Funds are Available in the Following Accounts: 54709-1226-53-11918 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Augusta Public Transit Finance. Procurement. Law. Administrator. Clerk of Commission Request for Proposals Request for Proposals will be received at this office until Wednesday, May 11, 2022 @ 3:00 p.m. via ZOOM Meeting ID 830 5614 0795, Passcode: 401349 for furnishing RFP Item #22-125 Transit Services for Augusta, GA – Public Transit 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 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 (706- 821-2422). A vehicle & facility inspection will be held on Monday, April 18, 2022 from 1:00 p.m. to 3:00 p.m. at Augusta Public Transit, 2844 Regency Blvd., Augusta, GA 30904. A Pre-Proposal Conference will be held on Thursday, April 21, 2022 @ 2:00 p.m. via ZOOM Meeting ID 846 0856 4293 – Passcode: 880944. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, April 22, 2022 @ 5:00 P.M. No RFP will be accepted by fax or email, 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 in the amount of the initial three-year contract. A performance and payment bond in the amount of 100% equal to the annual contract sum will be required of the successful proposer for award and annual renewal. 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. GEORGIA E-Verify and Public Contracts: The Georgia E-Verify law requires contractors and all sub-contractors on Georgia public contract (contracts with a government agency) for the physical performance of services over $2,499 in value to enroll in E-Verify, regardless of the number of employees. They may be exempt from this requirement if they have no employees and do not plan to hire employees for the purpose of completing any part of the public contract. Certain professions are also exempt. All requests for proposals issued by a city must include the contractor affidavit as part of the requirement for their bid to be considered. 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 Publish: Augusta Chronicle March 24, 31, April 7, 14, 2022 Metro Courier March 24, 2022 Revised: 3/22/21 OFFICIAL VENDORS Attachment "B" E-Verify Number SAVE Form Original 8 Copies Addendums 1, 2 & 3 Fee Proposal Complaince Review 5.64% FIRST TRANSIT, INC. 600 VINE STREET, SUITE 1400 CINCINNATI, OH 45202 Yes 530759 Yes Yes Yes Yes Yes Yes RATP DEV USA, INC. 3800 SANDSHELL DR., STE 180 FORT WORTH, TX 76137 Yes 166924 Yes Yes Yes Yes Yes Yes AMERICAN COACH LINES OF ATLANTA, COACH USA 705 LIVELY AVE. NORCROSS, GA 30071 RFP Opening - RFP Item #22-125 Transit Services for Augusta, GA – Public Transit Department RFP Date: Wednesday, May 25, 2022 @ 3:00 p.m. Total Number Specifications Mailed Out: 20 Total Number Specifications Download (Demandstar): 3 Total Electronic Notifications (Demandstar): 112 Georgia Procurement Registry: 438 Total packages submitted: 3 Total Noncompliant: 0 No Response Submittal Page 1 of 1 FIRST TRANSIT, INC. 600 VINE STREET, SUITE 1400 CINCINNATI, OH 45202 RATP DEV USA, INC. 3800 SANDSHELL DR., STE 180 FORT WORTH, TX 76137 FIRST TRANSIT, INC. 600 VINE STREET, SUITE 1400 CINCINNATI, OH 45202 RAPT DEV USA, INC. 3800 SANDSHELL DR., STE 180 FORT WORTH, TX 76137 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 2. Qualifications & Experience (0-5)20 4.5 4.7 90.0 94.0 3. Organization & Approach (0-5)20 3.9 4.8 78.0 96.0 4. Scope of Services a.Capability and experience of supervisory personnel to be assigned to the project b.Capability and prior experience in transit systems, including the provision of flexible route deviation services, including services for disabled riders, in various sized communities c.Adequacy of managerial, and technical resources to successfully carry out the required services and meet required service standards d.Adequacy of Proposer’s vehicle maintenance program e.Adequacy of Proposer’s response to all other requirements, terms, and conditions of this Request for Proposals (0-5)25 3.8 4.6 94.0 115.0 5. Financial Stability (0-5)5 4.6 4.7 23.0 23.5 6. References (0-5)5 4.0 4.8 20.0 24.0 20.8 23.6 305.0 352.5 7. Presentation by Team (0-5)10 0.0 0.0 8. Q&A Response to Panel Questions (0-5)5 0.0 0.0 Lowest Fees 5 10 5.0 50.0 0.0 Second 5 6 5.0 0.0 30.0 Third 5 4 0.0 0.0 Forth 5 2 0.0 0.0 Fifth 5 1 0.0 0.0 Total Phase 2 - (Total Maximum Ranking 15 - Maximum Weighted Total Possible 125) 5.0 5.0 50.0 30.0 25.8 28.6 355.0 382.5 Vendors Phase 1 RFP Opening - RFP Item#22-125 Transit Services for Augusta, GA – Public Transit Department RFP Date: Wednesday, May 25, 2022 @ 3:00 p.m. RFP Evaluation Meeting: Wednesday, June 8, 2022 @ 11:00 a.m. Weighted Scores Ranking of 0-5 (Enter a number value between 0 Scale 0 (Low) to 5 (High) Phase 2 (Option - Numbers 7 - 8) (Vendors May Not Receive Less Than a 3 Ranking in Any Category to be Considered for Award) Internal Use Only Total Cumulative Score Evaluator: Cumulative Date: 6/8/22 Cost/Fee Proposal Consideration9. 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) Phase 1 Total - (Total Maximum Ranking 25 - Maximum Weighted Total Possible 375) Procurement DepartmentRepresentative:______Nancy Williams____________________________________ Procurement Department Completion Date: 6/8/22 TNDEPENDENT ESTTMATE FORM (tEF) Originator: Sharon Dottery Project Name: Transit Services Date: January L4,2022 Estimate Amount: S10,000,000.00 Are the estimated funds in the current budget? fl Ves X ftfo 1) How is this project funded? [] federal Funds lf federally funded, go to Section B f t-ocal Funds lf locally funded, go to Question 2 2) ls this a capital procurement? [ Ves lf yes, go to Section B E ruo lf no, go to Question 3 3) ls the total dollar amount S25,OOO.OO or less? ! Ves lf yes, no IEF required. X t'lo lf no, go to Question 4 4) ls the total dollar amount more than S25,OOO, but not more than SIOO,OOO.OO? [ Ves lf yes, go to Section A E ruo lf no, go to Section B SECTION A DETERMINATION OF PRICE REASONABTENESS tr Adequate Competition tr Advertisements tr Catalog Price tr Current Price Lists SECNON B INDEPENDENT ESTIMATE FORM X Prices Reasonable on Previous Purchase tr Similar ltems in a Related lndustry tr lndependent Price Estimate tr Other - Attach Support & Cite Basis Utilize the attoched lndependent Estimote Guide to develop the estimote omount for federolly funded projects, copital procurements ond procurements over 5700,000.00. Stote the bosis for the estimote below ond ottoch oll pertinent documentotion. It is the intent of Augusta, Georgia to retain a Contractor to provide complete operations, maintenance, and administration of AT, such that nothing remains to be purchased, provided, or supplied by Augusta, Georgia, other than as noted within the provisions of the Request for Proposal (RFP) to achieve the Augusta, Georgia's goal of providing safe, efficient, and reliable transit service. Previous H istorical Cost: Fixed Route 54,223,008 ADA Paratransit $ 866,439 Rural Transit 51.,021.,292 $6,u5,563 TNDEPENDENT EST]MATE FORM (tEFl Approved: Approved: Date: January L4,2022 Director, Procurement Department AUGUSTATRANSIT 2488 Rege,ncy Blvd - Suite 123 Augusta, Georgia 30904 TO: AWARD RECOMMENDATION GeriSams Procurement Director Sharon Dottery Transit Director June 8, 2022 RFP 22-125 - Transit Services FROM: DATE: PROJECT: This letter represents a recommendation from the evaluation committee to award RATP DEV USA, the RFP 22-125 for the Augusta Transit Services provider. The evaluation committee scored RATP Dev USA the highest of all participating consultants and recommends that negotiations start as soon as possible. Sincerely, Sharon Dottery Director for Augusta Transit Oliver Page, Augusta Transit Mariah Harris, Planning & Development Ron Lampkin, Central Services Nancy He, Finance Auguste Translt 2844 Regency Blvd- Suite 123 - Augusta, GA 30904 (706) 821-l8l 8 - Fa:r (706) 821-1752 www.augustaga.gov 1 FYI: Process Regarding Request for Proposals Sec. 1-10-51. Request for proposals. Request for proposals shall be handled in the same manner as the bid process as described above for solicitation and awarding of contracts for goods or services with the following exceptions: (a) Only the names of the vendors making offers shall be disclosed at the proposal opening. (b) Content of the proposals submitted by competing persons shall not be disclosed during the process of the negotiations. (c) Proposals shall be open for public inspection only after the award is made. (d) Proprietary or confidential information, marked as such in each proposal, shall not be disclosed without the written consent of the offeror. (e) Discussions may be conducted with responsible persons submitting a proposal determined to have a reasonable chance of being selected for the award. These discussions may be held for the purpose of clarification to assure a full understanding of the solicitation requirement and responsiveness thereto. (f) Revisions may be permitted after submissions and prior to award for the purpose of obtaining the best and final offers. (g) In conducting discussions with the persons submitting the proposals, there shall be no disclosure of any information derived from the other persons submitting proposals. Sec. 1-10-52. Sealed proposals. (a) Conditions for use. In accordance with O.C.G.A. § 36-91-21(c)(1)(C), the competitive sealed proposals method may be utilized when it is determined in writing to be the most advantageous to Augusta, Georgia, taking into consideration the evaluation factors set forth in the request for proposals. The evaluation factors in the request for proposals shall be the basis on which the award decision is made when the sealed proposal method is used. Augusta, Georgia is not restricted from using alternative procurement methods for 2 obtaining the best value on any procurement, such as Construction Management at Risk, Design/Build, etc. (b) Request for proposals. Competitive sealed proposals shall be solicited through a request for proposals (RFP). (c) Public notice. Adequate public notice of the request for proposals shall be given in the same manner as provided in section 1-10- 50(c)(Public Notice and Bidder's List); provided the normal period of time between notice and receipt of proposals minimally shall be fifteen (15) calendar days. (d) Pre-proposal conference. A pre-proposal conference may be scheduled at least five (5) days prior to the date set for receipt of proposals, and notice shall be handled in a manner similar to section 1-10-50(c)-Public Notice and Bidder's List. No information provided at such pre-proposal conference shall be binding upon Augusta, Georgia unless provided in writing to all offerors. (e) Receipt of proposals. Proposals will be received at the time and place designated in the request for proposals, complete with bidder qualification and technical information. No late proposals shall be accepted. Price information shall be separated from the proposal in a sealed envelope and opened only after the proposals have been reviewed and ranked. The names of the offerors will be identified at the proposal acceptance; however, no proposal will be handled so as to permit disclosure of the detailed contents of the response until after award of contract. A record of all responses shall be prepared and maintained for the files and audit purposes. (f) Public inspection. The responses will be open for public inspection only after contract award. Proprietary or confidential information marked as such in each proposal will not be disclosed without written consent of the offeror. (g) Evaluation and selection. The request for proposals shall state the relative importance of price and other evaluation factors that will be used in the context of proposal evaluation and contract award. (Pricing proposals will not be opened until the proposals have been reviewed and ranked). Such evaluation factors may include, but not be limited to: (1) The ability, capacity, and skill of the offeror to perform the contract or 3 provide the services required; (2) The capability of the offeror to perform the contract or provide the service promptly or within the time specified, without delay or interference; (3) The character, integrity, reputation, judgment, experience, and efficiency of the offeror; (4) The quality of performance on previous contracts; (5) The previous and existing compliance by the offeror with laws and ordinances relating to the contract or services; (6) The sufficiency of the financial resources of the offeror relating to his ability to perform the contract; (7) The quality, availability, and adaptability of the supplies or services to the particular use required; and (8) Price. (h) Selection committee. A selection committee, minimally consisting of representatives of the procurement office, the using agency, and the Administrator's office or his designee shall convene for the purpose of evaluating the proposals. (i) Preliminary negotiations. Discussions with the offerors and technical revisions to the proposals may occur. Discussions may be conducted with the responsible offerors who submit proposals for the purpose of clarification and to assure full understanding of, and conformance to, the solicitation requirements. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussions and revision of proposals and such revisions may be permitted after submission and prior to award for the purpose of obtaining best and final offers. In conducting discussions, there shall be no disclosure of information derived from proposals submitted by competing offerors. (j) From the date proposals are received by the Procurement Director through the date of contract award, no offeror shall make any substitutions, deletions, 4 additions or other changes in the configuration or structure of the offeror’s teams or members of the offeror’s team. (k) Final negotiations and letting the contract. The Committee shall rank the technical proposals, open and consider the pricing proposals submitted by each offeror. Award shall be made or recommended for award through the Augusta, Georgia Administrator, to the most responsible and responsive offeror whose proposal is determined to be the most advantageous to Augusta, Georgia, taking into consideration price and the evaluation factors set forth in the request for proposals. No other factors or criteria shall be used in the evaluation. The contract file shall contain a written report of the basis on which the award is made/recommended. The contract shall be awarded or let in accordance with the procedures set forth in this Section and the other applicable sections of this chapter. Public Service Committee Meeting 7/12/2022 1:00 PM Transit Services Contract Department:Augusta Transit Presenter:Sharon Dottery Caption:A motion to approve the award of the RFP for Transit Service and Support Services (RFP #-125) to RATP Dev, USA for a period or three (3) years with three (3) two year (2) renewals. Award is contingent upon receipt of signed and executed contract. Background:Augusta Transit has prepared a RFP for the continuation of privatization for the Transit System Services. The proposals were opened on June 21, 2022 with two (2) potential vendors. After review of the required submissions, the evaluation committee recommends the award to RATP Dev, USA. Analysis:After review of the proposals and the requested negotiations, RATP Dev, USA is recommended to operate Augusta Transit Services. Financial Impact:The recommendation is to award this item to RATP Dev, USA. Based on their cost proposal, there will be some cost savings realized over the next 3 years. Currently Augusta Transit has an older fleet of vehicles that are very much in excess of the recommended miles. New vehicles have been ordered and this will change the dynamics of the cost. Alternatives:Based on RAPT Dev’s cost proposal, it would be in the best interest of Augusta to proceed with this award to them. According to their cost proposal submitted, Augusta, GA will realize a cost savings over the three year period. Further cost savings can possibly be received during the final negotiations with RATP Dev, USA. Recommendation: 1. Award the contract to RATP Dev USA. 2. Deny the motion to approve the award. Funds are Available in the Following Accounts: Operating funds 546 in order to meet agenda meeting cut off deadlines, finance has forwarded this item for discussion. at the present time, cost information is not yet complete. dbw REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Public Service Committee Meeting Commission Chamber - 513112022 ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; Frantom, Chairman; Johnson, Vice Chairman; Clarke and Mason, members. PUBLIC SERVICES 1. New Ownership Application: A.N. 22-28: A request by Babubhai Patel for a Item retail package Beer & Wine License to be used in connection with Super Action: Express #7 located at 1901 Gordon Hwy. District 5. Super District 9. Approved Motions Motion- ----- Motion TextI ype Motion to , aDDrove.APProve uotion passes 3-0. Motions Motion Motion TextI ype Motion to, aDDrove.APProve rurotiorpasses 3-0. New Location: A.N. 22-30: retail package Beer & Wine Seconded By Motion ResultMade By 2. New Location: A.N. 22-29: A request by Jacqueline V. Stephenson for a Item retail package Beer & Wine License to be used in connection with Family Action: Dollar Store #26612 located at 2809 Tobacco Rd. District 4. Super District. Approved Commissioner Commissioner Jordan Johnson John Clark. Passes Made By seconded By ffitjfi' Commissioner Commissioner Jordan Johnson John Clark. Passes A request by Jacqueline V. Stephenson for a License to be used in connection with Family 3. 4. New Location: A.N.22-31: A request by Jacqueline V. Stephenson for a Item retail package Beer & Wine License to be used in connection with Family Action: Dollar #31567 located at 1801 Kissingbower Rd. District 2. Super District 9. Approved Motion to. aDDrove.APProve vtotio, Passes 3-0. Motions ryJ:"' Motion rext Made Bv Motion to . aDDrove.APProve vtotion Passes 3-0. seconded By Motion Result Commissioner Commissioner Jordan Johnson John Clarke Passes Dollar Store #28564 located at 2914 Deans District 9. Motions Motion - "-'-- Motion Text Made By'r'ype Bridge Rd. District 2. Super seconded By Motion Result Commissioner Commissioner Jordan Johnson John Clarke Passes Item Action: Approved Seconded By fJrli,Il :""#t','ji"J- Passes Jacqueline V. Stephenson for a ltem used in connecton with Family Action: Hwy. District 6. Super District Approved 5. New Location: A.N. 22-32: A request by Jacqueline V. Stephenson for a Item retail package Beer & Wine License to be used in connection with Family Action: Dollar #23854 located at 3447 Peach Orchard Rd. District 6. Super District Approved 10. Motions Motion ="""- Motion TextI ype Motion to aDDrove.Approve r,rro,iorPasses 3-0. Made By Commissioner Jordan Johnson 6.New Location: A. N. 22-33: A request by retail package Beer & Wine License to be Dollar #24344located at 3709 Mike Padgett 10. 7. New Location: A.N. 22-34: A request by Jacqueline V. Stephenson for a Item retail package Beer & Wine License to be used in connection with Family Action: Dollar #31528 located at 3764 Peach Orchard Rd. District 6. Super District Approved 10. Motions ryJ:"' Motion rext Made Bv Motion to . aDDrove.APProve vtotion Passes 3-0. Motions r#:"" Motion rext Made Bv Seconded By Motion Result Commissioner Commissioner Jordan Johnson John Clarke Passes seconded By Motion Result Motion to ^ approve. Commissioner CommissionerApprove vtotion Passes Jordan Johnson John Clarke 3-0. Passes 8. New Location: A.N. 22-35: A request by Ramesh Trehan for a retail package Item Beer & Wine License to be used in connection with Forest Hill Market located Action: at 3216 Wrightsboro Rd. District 2. Super District 9 Approved Motions f#:" Motion Text Made By seconded By Motion to . aDDrove.APProve uotion passes 3-0. Commissioner Commissioner John Clarke Jordan Johnson Motion Result Passes 9. Existing Location: A.N.22-37: A request by Yusufali Lorgat for a retail Item package Beer & Wine License to be used in connection with Hola Action: Convenience Store located at 2517 Milledgeville Rd. District 2. Super Rescheduled District 9. Motions Motion Motion TextI ype seconded By f;iilMade By Motion to refer this item to the full Commissioner CommissionerLreler uommlsslonwltnno y r Al i y , , i Passes recommendation. Jonn ularKe Joroan Jonnson Motion Passes 3-0. 10. A motion to approve Great Outdoor Play System to remove current play Item system and install a new modular playground unit for the Blythe Area Action: Recreation Center. This project went through the Procurement process as a Approved Request for Proposals - Bid ltem#21-265. Motions X:j*1"" Motion Text Made By Seconded By MotionType ^'---- -" --------- -'t Result Motion to ^ approve. Commissioner CommissionerApprove ilotion passes Jordan Johnson John clarke Passes 3-0. 11. Discuss and approve Augusta Transit's Application for the Low-No Item Emissions Competitive 5339 Grant for five (5) Electric Buses. Action: Approved Motions Y:j*'" Motion Text Made By Seconded By Motion Type "'--- -r Result Motion to ^ approve. Commissioner CommissionerApprove i)totion passes Jordan Johnson John clarke Passes 3-0. 12. Approve a three (3) year Master Agreement between University of Alaska Item Fairbanks (UAF) and Augusta Regional Airport (Airport) to further research Action: objectives for the safe integration of unmanned aircraft systems (UAS) into Approved the national manned airspace system. Approved by the Augusta Aviation Commission on March 31,2022. Motions Y:]'-"' Motion Text Made By Seconded By Motion Type rrrvrrv' r v^r Result Approve Motion to Commissioner Commissioner Passes approve. Jordan Johnson John Clarke Motion Passes 3-0. 13. Motion to approve the minutes of the Public Services Committee held on Item May 10, 2022. Action: Approved Motions []jt1"' Motion Text Made By Seconded By Motion Type Result Motion to a -_^_-^__- approve. Commissioner Commissioner hApprove vtotion Passes Jordan Johnson John Clarke rasses 3-0. 14. A motion to approve entering into an agreement with Peach State Health Item Plan for the purpose of providing sponsorships for youth athletic programs. Action: Approved Motions []11"' Motion Text Made By seconded By MotionType Result Motion to ^ ..._,. - approve. Commissioner CommissionerApprove ilotion passes Jordan Johnson John clarke Passes 3-0. 15. The Parks & Recreation Department is requesting the allocation of Item $1,000,000 from the American Rescue Plan for two projects which will Action: improve outdoor space usage at key locations. (Refened from the May 10 Approved Public Services Committee) Motions X:11"' Motion Text Made By seconded By Motion'l'ype - ---- -r --------- -'l Result Approve Motion to approve Commissioner Commissioner Passes tasking the Recreation John Clarke Jordan Director to bring back Johnson to the Commission meeting next week a directive on a priority list for repairs at Riverwalk and the Julian Smith barbeque pit. Motion Passes 3-0. 16. Discuss ARC Noise Ordinance. (Requested by Commissioner Ben Hasan) Item Action: Approved Motion to approve ^ receiving this item Commissioner CommissionerAoorove '--.-':'-'D -'--- ^---^- - ---:--^":-:.-'--^ - :^^-::--:--'-- Passesas information. Jordan Johnson John Clarke Motion Passes 4-0. 17. Motion for legal to amend/draft to allow for the establishment of tiny homes. Item @equested by Commissioner Jordan Johnson) Action: Approved Motions f#:'" Motion rext Motions fr"J:"' Motion rext Motions ryJ:"' Motion rext Made Bv Motion to ^ aDDrove.APProve Motion Passes 3-0. seconded By Motion Result Commissioner Commissioner Jordan Johnson John clarke Passes Motionseconded BY Resurt Seconded By Hr|il Made By Made By 18. Identiff funds to assist/help with the renovations of the Boathouse. Item (Requested by Commissioner Ben Hasan) Action: Approved t9. Motion to approve ^ receiving this item Commissioner Commissioner D^,Approve as information. Alvin Mason Jordan Johnson rasses Motion Passes 4-0. Discuss and approve additional funding for the construction/completion of ltem the Henry Brigham Community Center Project. (Requested by Mayor Pro Action: Tem Bobby Williams) APProved Motions Y:jl'" Morion Text Made By seconded By f""r|il'r'ype Motion to refer this item to the full Commission with no recommendation to allow the Administrator and the Commissioner Approve Parks & Recreation J"'d;; "" " - ff#T|sufrffi Passes Director to identifr Johnson I additional funding sources to complete the Brigham project. Motion Passes 4-0. www.augustaga.gov Public Service Committee Meeting 7/12/2022 1:00 PM Minutes Department: Presenter: Caption:Motion to approve the minutes of the Public Services Committee held on May 31, 2022. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: