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HomeMy WebLinkAbout2022-08-30-Meeting Minutes Public Service Committee Meeting Commission Chamber - 8/30/2022 ATTENDANCE: Present: Hons. Frantom, Chairman; Johnson, Vice Chairman; Clarke and Mason, members. Absent: Hon. Hardie Davis, Jr., Mayor. PUBLIC SERVICES 1. Motion to approve New Ownership-Existing Location: A.N. 22-60: A request by Srinivasa Gourisetty for a retail package Beer & Wine License to be used in connection with Highway 1 Food Mart located at 4002 Deans Bridge RD. District 8. Super District 10. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 3-1. Commissioner John Clarke Commissioner Alvin Mason Passes 2. Motion to approve New Ownership-Existing Location: A.N. 22-63: A request by Safi Ullah for a retail package Beer & Wine License to be used in connection with Sultan Corporation located at 1200 Interstate PKWY. District 3. Super District 10. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Alvin Mason Commissioner John Clarke Passes 3. Motion to approve New Ownership-Existing Location: A.N. 22-64: A request by Asad Rehman for a retail package Beer & Wine License to be used in connection with Rehman Asad, INC located at 3671 Peach Orchard RD. District 6. Super District 10. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Alvin Mason Commissioner Jordan Johnson Passes 4. Motion to approve New Ownership-Existing Location: A.N. 22-61: A request by Albert Gross for a consumption on premise Liquor, Beer, & Wine License to be used in connection with Augusta Cigar Club located at 722 Broad St. District 1. Super District 9. Item Action: Approved Motions Motion Text Made By Seconded By Motion Type Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Jordan Johnson Commissioner Alvin Mason Passes 5. Motion to approve New Ownership-Existing Location: A.N. 22-62: A request by Safi Ullah for a retail package Beer & Wine License to be used in connection with Chattha Corporation located at 2161 Gordon HWY. District 5. Super District 9. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Alvin Mason Commissioner Jordan Johnson Passes 6. Motion to approve New Location: A.N. 22-59: A request by Miguel Chavez for an on premise consumption Liquor, Beer & Wine license to be used in connection with Lokos Tacos located at 2825 Washington RD H-1. There will be Sunday Sales. 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 4-0. Commissioner Jordan Johnson Commissioner Alvin Mason Passes 7. Motion to approve a request by Stephanie A. Hall for a Massage Operators License to be used in connection with Sport & Injury Bodyworks, LLC located at 645 N Frontage RD. District 3. Super District 10. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Jordan Johnson Commissioner Alvin Mason Passes 8. Motion to approve an update regarding SPLOST 8 funding in 30-days; and determine relationship with the Augusta Recreation Department and Augusta R/C Supercross as presented by Mr. Robert Davis at Augusta's Bayvale Park at next week's Commission meeting. (Approved by the Public Services Committee August 30, 2022) Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Jordan Johnson Commissioner Alvin Mason Passes 9. Motion to approve contract between the Augusta Regional Airport and Independence Excavating, Inc. for the Hangar N1 Taxilane and Ramp Construction Project in the amount of $4,892,410.00. Approved by the Augusta Aviation Commission on July 28, 2022 - ITB 22-181A. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Jordan Johnson Commissioner Alvin Mason Passes 10. Motion to approve recommendation of award to ER Snell Contractor, Inc. and contract in the amount of $2,102,033.60 for ITB 22-240 StandardAero Ramp Rehabilitation, Phase 1. Approved by the Augusta Aviation Commission on July 28, 2022. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Jordan Johnson Commissioner Alvin Mason Passes 11. Motion to approve Contract between Augusta Regional Airport and Blanchard and Calhoun Insurance Agency, Inc. for RFP 22-141 Insurance Brokerage Services. Approved by the Augusta Aviation Commission on August 11, 2022. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Jordan Johnson Commissioner Alvin Mason Passes 12. Motion to approve a student transportation contract with transit fees of $2.75 per student per quarter for STVT-AAI Education, Inc. dba Miller Motte College (hereinafter referred to as “Miller-Motte”) students to receive transportation services to and from campus with valid student identification cards issued by the college at no direct charge to the student as presently being offered to other area colleges. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Jordan Johnson Commissioner Alvin Mason Passes 13. Motion to approve direct payments of aircraft accident damages in the cumulative amount of $63,981.54. Approved by the Augusta Aviation Commission on July 28, 2022. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Jordan Johnson Commissioner Alvin Mason Passes 14. Update on the maintenance of the medians on Greene Street and Cemeteries as to what efforts have been made to get the grass cut, removing the dead scrub and weeds that are taken over. (Requested by Commissioner Catherine McKnight) Item Action: None Motions Motion Type Motion Text Made By Seconded By Motion Result No action was taken on this item due to the loss of a quorum. 15. Motion to approve the minutes of the Public Services Committee held on August 9, 2022.Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Jordan Johnson Commissioner Alvin Mason Passes 16. Consider a request from Mr. Maher Naber for a special use permit for 726 Broad Street.Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve allowing Mr. Naber to work with the Fire Department, License & Inspections and Administration and report back in 30 days or sooner. Motion Passes 4-0. Commissioner John Clarke Commissioner Alvin Mason Passes www.augustaga.gov PTANNING & DEVETOPMENT DEPARTMENT STAFF REPORT Case Number:A.N.22-60 Application Type: Retail Package Beer & Wine Business Name:Highway l Food Mart Hearing Date:August 30,2022 Report Prepared By: Julietta H. Walton, Business License & Customer Service Manager Applicant: Propefi Owner: Address of Propefi: Tax Parcel #: Commission District: Srinivaso Gourisetty Sky Phoenix Properties LLC 4002 Deans Bridge RD 138-0-005-00-0 District: 8 Super District: 10 Existing LocationBackground ANALYSIS: Location restrictions: zoning and proximity to churches, libraries, schools, and public recreation areas. Zoning: B-2 (General Business)Zonea a a o Distance Requirements: The proposed location for retail package Beer & Wine meets the minimum distance location to churches, schools, libraries, and public recreation areas. ADDITIONAL CONS!DERATIONS: Reputation, character. The applicant's reputation, character, trade and business associations or past business ventures, mental and physical capacity to conduct business. Previous violations of liquor laws. lf the applicant is a previous holder of a license to sell alcoholic liquors, whether he has violated any laws, regulations or ordinance relating to such business. Manner of conducting prior liquor business. lf the applicant is a previous holder of a license to sell alcoholic liquors, the manner in which he conducted the business thereunder especially as to the necessity for unusual police observation and inspection to prevent the violation of any law, regulation or ordinance relating to such business. a Location. The location for which the license is sought, as to traffic congestion, general character of neighborhood, and the effect such an establishment would have on the adjacent surrounding property values. o The proposed location is a Convenience Store Number of licenses in a trading area. The number of licenses already granted for similar business in the trading area of the place for which the license is sought. Dancing. lf dancing is to be permitted upon the premise for which the license is sought and the applicant has previously permitted dancing upon the premises controlled or supervised by him, the manner in which he controlled or supervised such dancing to prevent any violation of any law, regulation, or ordinance. Previous revocation of license. lf the applicant is a person, whose license issued under the police powers of any governing authority has been previously suspended or revoked or who has previously had an alcoholic beverages licenses suspended or revoked. Payment of taxes. lf the applicant and business are not delinquent in the payment of any local taxes. Congregation of minors. Any circumstances, which may cause minors to congregate in the vicinity of the proposed location, even if the location meets the distance requirement under section 6-2-64 (b) herein. Prior incidents. Evidence that a substantial number of incidents requiring police intervention have occurred within a square city block of the proposed location during the twelve (12) months immediately preceding the date of application. Previous Denial or Revocation. The denial of an application or revocation of a license, occurring within the preceding twelve (12) months, which was based on the qualifications of the proposed location. FINANCIAI IMPACT: The applicant will pay a pro-rated fee of 5665.00. RECOMMENDATION: The Planning & Development approved the application subject to additional information not contradicting the applicant's statements. The Sheriffs Office approved the application subject to additional information not contradicting applicant's statements. Note: The staff report includes the information available approximately two weeks prior to the Public Services Committee meeting. lt represents an evaluation of the facts presented by the applicant, research done by the staff, and consideration of the relevant factors in the Comprehensive Zoning Ordinance and the Alcohol Ordinance of Augusta, Georgia. New facts may emerge, and staff reserves the right to make an oral recommendation at the hearing based on all the information available at that time. a a a a a a l 2. 3. 4. 5. Augusta-Richmond County l8l5 Marvin Griffin Road Augusta, GA 30906 ALCOHOL BEVERAGE APPLICATION Alcohol Number Year Alcohol Account Number Name of Business V Groceroes. LLC DBA : Hiohwavl Food Mart Business Address City Heohzibah State Georqia zip 30815 Business Phone (706 )293J.5.90- Home Phone (.678 ) Applicant Name and Address: Srinivasa Gourisetfu 2913 Old Tobacco Rd Unit B ApplicantSocialSecurity# _ _D.O.E If Application is a transfer, list previous Applicant: Location: Map & Parcel Zoning Location Manager(s) Srinivasa Gourisetty Is Applicant an American Citizen or Alien lawfully admitted for permanent residency?(x)Yes ( )No OWNERSHIP INFORJVIATION 6. 7. 8. 9. t0. I l. 12. Date Chartered: 07 lO1 DO22 Mailing Address: Name of BusinessAttention Srinivasa GourisettyAddress 2913 Old Tobacco Rd. Unit B Citylstatelzip Henhzihah GA 3n415 13. 14. Ownership Type: (1) Corporation ( ) Partnership ( ) Individual Corporate Name: List name and other required information for each person having interest in this business. l5 What type of business will you operate in this location?( ) Restaurant ( ) Lounge ()Q ConvenienceStore( )PackageStore ( )Other: Total License Fee:{ Prorated License Fee: (After July I ONLY) $_ 16. Corporation (if applicable): Have you ever applied for an Alcohol Beverage If so, give year of application and its disposition License before: No 17. l&rg Pofitknl ssNo#Adhe$E ksd Srinivasa Gourisetty Member 2913 Old Tobacco Rd. Unit B 100% Hephzibah, GA 30815 Usrsokfonuxisn tlsuc 8€6r lFlne Dencc SundrySale Retail Packaee Dealer x x Consumption on Premises Wholesale Are you familiar with Georgia and Augusta-Richmond County laws regardjrg thfl)ale of alcoholic beverages? (X) Yes ( ) No If so. please initial. L_P - l8 l9 Attach a passport-size photograph (front view) taken within two years. Write name on back of the dealer submitting the license application. Has any liquor business in which you hold, or have held, any financial interest, or are employed, -or have been employed, ever been cited for any violation of the rules and regulations of Richmond County or the State Revenue Commission relating to the sale and distribution of distilled spirits? ( ) Yes (X) No If yes, give full details: 20. or ordinance? (Do not include traffic violations, with the exception of any offenses pertaining to alcohol or drugs.) All other charges must be included, even if they are dismissed. ( ) Yes (X) No Ifyes, give reason charged or held, date and place where charged and its disposition. 21. List owner or owners of building and property. Kims lnvestments & Management,LLC - Sudhakar Koduri 22. List the nam€ and other required information for each person'firm or corporation having any interest in the business. Srinivasa Gourisettv Have you ever been arrested, or held by authorities, for any violation ofany Federal, Federal, State, or other law-enforcement State, County or Municipal law, regulation 23. 24. Ifa new applicalion, attach a surveyor's plat and state the straight line distance from the property line of school, church, library, or public recreation area to the wall of the building where alcohol beverages are sold. A.) Church B.) Library C.) School D.) Public Recreation State of Georgi4 Augusta-Richmond County, I,Srinivasa Do solemnly swear, subject to the penalties of false swearing, that the statements and answers made by me as the forgoing alcoholic beverage application are true. icant Signature \\25. I hereby certiry that Srinivasa Gourisettv is personally known that he/she signed hiVher narne to the foregoing application stating to me knew and understood all statements and answers made herein, and, under oath administered by me, has said statements and answers are true. This ,/8 day of intheyew 2022 FOR OFFICE USE ONLYlww:&ffi{sM Alcohol Inspector Sheriff Fire Inspector The Board of Commissioners on the - day of (Approved, Disapproved) the forgoing application. 1\ltlllllllll S ,tltillt L -4.- tgr Ar Qlauro Administrator Date in the year - Public Service Committee Meeting 8/30/2022 1:00 PM Alcohol Application Department:Planning & Development Presenter:Julietta H. Walton Caption: Motion to approve New Ownership-Existing Location: A.N. 22-60: A request by Srinivasa Gourisetty for a retail package Beer & Wine License to be used in connection with Highway 1 Food Mart located at 4002 Deans Bridge RD. District 8. Super District 10. Background:This is a new ownership application. Formerly in the name of Ravi Vuppula. Analysis:Th applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a pro-rated fee of $665.00. Alternatives: Recommendation:The Planning & Development approved the application subject to additional information not contradicting the 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 PLANNING & DEVETOPMENT DEPARTMENT STAFF REPORT Case Number:A.N.22-63 Application Type: Retail Package Beer & Wine Business Name: Sultan Corporation Hearing Date:August 30,2022 Report Prepared By: Julietta H. Walton, Business License & Customer Service Manager Applicant: Propefi Owner: Safi Ullah Farrah & Maya LLC Address of Propefi: 1200 lnterstate PKWY Tax Parcel #:030-0-230-01-0 Commission District: District: 3 Super District: 10 Background Existing Location ANALYSIS: Location restrictions: zoning and proximity to churches, libraries, schools, and public recreation areas. Zoning: B-2 (General Business)Zone Distance Requirements: The proposed location for retail package Beer & Wine meets the minimum distance location to churches, schools, libraries, and public recreation areas. ADD!T!ONAL CONSIDERAT!ONS: Reputation, character. The applicant's reputation, character, trade and business associations or past business ventures, mental and physical capacity to conduct business. Previous violations of liquor laws. lf the applicant is a previous holder of a license to sell alcoholic liquors, whether he has violated any laws, regulations or ordinance relating to such business. Manner of conducting prior liquor business. lf the applicant is a previous holder of a license to sell alcoholic liquors, the manner in which he conducted the business thereunder especially as to the necessity for unusual police observation and inspection to prevent the violation of any law, regulation or ordinance relating to such business. a a a a a o Location. The location for which the license is sought, as to traffic congestion, general character of neighborhood, and the effect such an establishment would have on the adjacent surrounding property values. o The proposed location is a Convenience Store o Number of licenses in a trading area. The number of licenses already granted for similar business in the trading area of the place for which the license is sought. o Dancing. lf dancing is to be permitted upon the premise for which the license is sought and the applicant has previously permitted dancing upon the premises controlled or supervised by him, the manner in which he controlled or supervised such dancing to prevent any violation of any law, regulation, or ordinance. o Previous revocation of ticense. lf the applicant is a person, whose license issued under the police powers of any governing authority has been previously suspended or revoked or who has previously had an alcoholic beverages licenses suspended or revoked. Payment of taxes. lf the applicant and business are not delinquent in the payment of any local taxes. o Congregation of minors. Any circumstances, which may cause minors to congregate in the vicinity of the proposed location, even if the location meets the distance requirement under section 6-2-64 (b) herein. o Prior incidents. Evidence that a substantial number of incidents requiring police intervention have occurred within a square city block of the proposed location during the twelve (12) months immediately preceding the date of application. o Previous Denial or Revocation. The denial of an application or revocation of a license, occurring within the preceding twelve (12) months, which was based on the qualifications of the proposed location. FINANCIAI IMPACT: The applicant will pay a pro-rated fee of 5555.00' RECOMMENDATION: The Planning & Development approved the application subject to additional information not contradicting the applica nt's statements. The Sheriff s Office approved the application subject to additional information not contradicting applicant's statements. Note: The staff report includes the information available approximately two weeks prior to the Public Services Committee meeting. lt represents an evaluation of the facts presented by the applicant, research done by the staff, and consideration of the relevant factors in the Comprehensive Zoning Ordinance and the Alcohol Ordinance of Augusta, Georgia. New facts may emerge, and staff reserves the right to make an oral recommendation at the hearing based on all the information available at that time. (-Augusta-Richmond County Planning & Development Department 1803 Marvin Griffin Road Augusta, GA. 30906 ALCOHOL BEVERAGE APPLICATION year - Alcohol Account Number /l'// - l3loD l. 2. J. 4. 5. Alcohol Number Name of Business Business Address City State Zip Business @A3J Horne Phone (_-) Applicant Name and ., Applicant Social Security #.D.O.E If Application is a transfer, l,o. 1,ro'rrro ^ppusanr: Business Location: Map & Parcel Zoning Location Manager(s) Is Applicant an American citizen or Alien lawt'ully admitted for permanent residency?(r') Yes( ) No OWNERSHIP INFORMATION 6 7 8. 9. 10. 11. 12. l3 l4 C6/ Corporation (if applicable): Mailing Address: Name of Business Attention Address City/State/Zip Ownership Type: (r') Date Chartered: a7-\1-a-11 Corporate Name:(,,110a ( ) Partnership 4otalian ( ) Individual t List name and other required information for each person having interest in this business. 15.What type of business will you operate in this location?( ) Restaurant - Full ( ) Lounge (y') Convenience Store( )Restaurant-Limited ( )packageStore ( )Hybrid( ) Other: ,icense Information Lrouor Rer Wrne I)ence Sundav Salesuf-Retail Package Dealer Total License Fee: $ Prorated License Fee: (Atter July I ONLY) $ 16. Have you ever applied for an Alcohol Beverage Licensebefore: N^lf so, give year of application and its disposition: Name Position SSNO#Address Interest lo"'/-Sol; t/rr^k cEo g6g Yl Lolaluit t7 Are you farniliar with Georgia and Augusta-Richmond county laws regarding the sale ofalcoholic beverages? (r') Yes ( ) No If so, please initial iU / 19. Has anv liouor business in which you hold, or have held, any financial interest, or are j '' ;il;i;;;;; ;;., employed ever been cited for any violation of the rules and, ;".fii;',i|i -or nugur,u=_nichmond counry or the_ state Ey"ly" commission relating to thi sale and distribution of distitled spirits? ( ) Yes ('/) No 18.Attach a passport-size photograph (front view) taken within two years. Write name on back of the dealer submitting the license application. 20. Have You ever been arrested, or held by Federal'State, or other law-enforcement authorities,for any violation of anY Federal, State. CountY or Municipal law, regulation or ordinance: (Do not include traffic violations. with the exception of anY offenses pertaining to alcohol or drugs).A11 other charges must be included, even if theY are dismissed. ( ) Yes ()$No If yes, give reason charged or held, date and place where charged and its disposition' 21 . List owner or owners of building and property 22. List the name and other requirsd information for each person, firm or corporatlon having any interest in the business. 23. Ifa new aPPlication,attach a surveYor's Plat and state the straight line distance from the property line of school,church, library, or public recreation area to the wall of the building where alcohol beverages are sold' A) Church c)School B) Library D) Public Recreation 24. State of Georgia,County, I, Do solemnly sear, subject to the penalties of false swearing, that the statements and answers made bY me as the applicant in the forgoing alcoholic beverage application are true. Applicant Signature is personallY known to be,25. I herebY certifY That he/she signed hiVher name to the forgoing allocation stating to me that he/she knew and understood all statements and answers made herein, and,under oath actually by me,swom that said statements and answers are day of in the Public F. J lt The Board of Commissioners on the - day of (Approved, Disapproved) the forgoing application in the year -. CommentsDeny Daaammdatinn Department Approve {lcohol Inspector rl-^-:s iire lnspector Administrator Date Public Service Committee Meeting 8/30/2022 1:00 PM Alcohol Application Department:Planning & Development Presenter:Julietta H. Walton Caption:Motion to approve New Ownership-Existing Location: A.N. 22-63: A request by Safi Ullah for a retail package Beer & Wine License to be used in connection with Sultan Corporation located at 1200 Interstate PKWY. District 3. Super District 10. Background:This is a new ownership application. Formerly in the name of Samaratkumar Brahmbhatt. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a pro-rated fee of $665.00. Alternatives: Recommendation:The Planning & Development approved the application subject to additional information not contradicting the 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 PTANNING & DEVETOPMENT DEPARTMENT STAFF REPORT Case Number:A.N.22-64 Application Type: Retail package Beer & Wine Business Name: Rehman Asad, INC Hearing Date:August 30,2022 Report Prepared By: Julietta H. walton, Business License & customer service Manager Applicant: Propefi Owner: Asod Rehmon Sawa Kendra LLC Address of Propefiz 367L peach Orchard RD Tax Parcel #:155-0-050-05-0 Commission District: District: 6 Super District: 10 Background:Existing Location ANALYSIS: Location restrictions: zoning and proximity to churches, libraries, schools, and publicrecreation areas. o Zoning: L-t (Light tndustrial)Zone o Distance Requirements: The proposed location for retail package Beer & Wine meets the minimum distance location to churches, schools, libraries, and public recreation areas. ADDITIONAT CONSTDERATTONS: Reputation, character. The applicant's reputation, character, trade and business associations orpast business ventures, mental and physical capacity to conduct business. Previous violations of liquor laws. lf the applicant is a previous holder of a license to sell alcoholic liquors, whether he has violated any laws, regulations or ordinance relating to such business. Manner of conducting prior liquor business. lf the applicant is a previous holder of a license tosell alcoholic liquors, the manner in which he conducted the business thereunder especially asto the necessity for unusual police observation and inspection to prevent the violation of anylaw, regulation or ordinance relating to such business. a a a a a a a Location. The location for which the license is sought, as to traffic congestion, general characterof neighborhood, and the effect such an establishment would have on the adjacent surrounding property values. o The proposed location is a Convenience Store Number of licenses in a trading area. The number of licenses already granted for similar business in the trading area of the place for which the license is sought. Dancing. lf dancing is to be permitted upon the premise for which the license is sought and theapplicant has previously permitted dancing upon the premises controlled or supervised by him, the manner in which he controlled or supervised such dancing to prevent any violation of anylaw, regulation, or ordinance. Previous revocation of license. lf the applicant is a person, whose license issued under thepolice powers of any governing authority has been previously suspended or revoked or who haspreviously had an alcoholic beverages licenses suspended or revoked. payment of taxes. If theapplicant and business are not delinquent in the payment of any local taxes. Congregation of minors. Any circumstances, which may cause minors to congregate in the vicinity of the proposed location, even if the location meets the distance requirement undersection 6-2-64 (b) herein. Prior incidents. Evidence that a substantial number of incidents requiring police intervention have occurred within a square city block of the proposed location during the twelve (12) monthsimmediately preceding the date of application. Previous Denial or Revocation. The denial of an application or revocation of a license, occurringwithin the preceding twelve (12) months, which was based on the qualifications of the proposed location. a a a F|NANclAt IMPACT: The applicant will pay a pro-rated fee of s065.00. RECOMMENDATTON: The Planning & Development approved the application subject to additional information not contradicting the applicant's statements. The Sheriffs office approved the application subject to additional information not contradicting applicant's statements. Note: The staff report includes the information available approximately two weeks prior to the public Services Committee meeting. lt represents an evaluation of the facts presented by the applicant, research done by the staff, and consideration of the relevant factors in the Comprehensive Zoningordinance and the Alcohol ordinance of Augusta, Georgia. New facts may emerge, and staff reservesthe right to make an oral recommendation at the hearing based on all the information available at thattime. I 2 3 4 5 Augusta-Richmond county planning & Development Department 1803 Marvin Griffin Road Augusta, GA. 30906 ALCOHOL BEVERAGE APPLICATION Alcohol Number - year _ Alcohol Account Nu^ae, ,0efi - /Z f I Name of Business Business Address 8. 9. Business Location: Map & parcel Location Manager(s) Zouing 10. 6 7 Is Applicant an American citizen or Alien lawfulry admitted for permanent residency?(rz) Yes( ) No OWNERSHIP INFORMATIONll. 12. Corporation (if applicable): Date Cha(ered: n1-8- Ao?, )Mailing Address: Name of Business Attention Address City/State/Zip t3. t4. (v)( ) Partnership ( ) Individual List name and other required information for each person having interest in this business. Name Ag.l ,r Roh^^ 15. What type of business will you operate in this location?( ) Restaurant -Full ( )Lounge (f Convenience Store( ) Restaurant -- timited ( ) Package Store ( ) Hybrid( ) Other: Total License Fee: $ Prorated License Fee: (AfterJuly I ONLy) $ Ownership Type: Corporate Name: s Jcense lntbrmation I -idrror tlee.r Wrne Dance Sundav SeRetail Package Dealer 16.Have you ever applied for an Alcohol Beverage Licensebefore: Va 18 19. 20. h. Attach a passport-size photograph (front view) taken within two years. Write name on back of the dealer submitting tlre license application. Has any liquor business in which you hold, or have held, any financial interest, or are employed, or have been employed, ever been cited for any violation of the rules and regulations of Augusta=-Richmond County or the State Revenue Cornmission relating to the sale and distribution of distilled spirits? ( ) Yes M No If yes, give full details: Have you ever been arrested, or held by Federal, State, or other law-enforc€ment authorities, for any violation of auy Federal, State, County or Municipal law, regulation or ordinance: (Do not include tralfic violations, with the exception of any offenses pertaining to alcohol or drugs). All other charges must be included, even if they are dismissed. ( )Yes (rzlNo If yes, give reason charged or held, date and place where charged and its disposition' Zl. List owner or owners of building and property. List the name and other required information for each person, firm or corporation having any interest in the business. If a new application, attach a surveyor's plat and state the straight line distance frorn the property line of school, church, library, or public recreation area to the wall of the building where alcohol beverages are sold. A) Church B) Library C) School D) Public Recreation -- State of Georgia, Augusta-Richmond County, I, Do solemnly sear, subject to the penalties of false swearing, that the statements and answers made by me as the applicant in the forgoing true. beverage application are 25. I hereby certify that is personally known to be, That he/she sigrred his/hbr name to the forgoing allocation stating to me tlrat he/she knew and understood all staternents and answers made herein, and, under oath actually by me,swom that said statements and answers are true. 4h day of in the year 22. 23. 24. Notary Public ffi'*,,",Approve Deny Comments Alcohol Inspector !L-Jff Fire Inspector The Roard of Conrmissioners on the dav of , in the year Public Service Committee Meeting 8/30/2022 1:00 PM Alcohol Application Department:Planning & Development Presenter:Julietta H. Walton Caption:Motion to approve New Ownership-Existing Location: A.N. 22-64: A request by Asad Rehman for a retail package Beer & Wine License to be used in connection with Rehman Asad, INC located at 3671 Peach Orchard RD. District 6. Super District 10. Background:This is a new ownership application. Formerly in the name of Samarakumar Brahmbhatt. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a pro-rated fee of $665.00. Alternatives: Recommendation:The Planning & Development approved the application subject to additional information not contradicting the 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 PTANNING & DEVELOPMENT DEPARTMENT STAFF REPORT Case Number:A.N.22-61 Application Type: Consumption on Premise Liquor, Beer & Wine Business Name: Augusta Cigar Club Hearing Date:August 30,2022 Report Prepared By: Julietta H. Walton, Business License & Customer Service Manager Applicant: Property Owner: Albert Gross Mayo Place Properties LLC 722 Broad ST 047-1-0s5-00-0 District: 1 Super District: 9 Existing Location Address of Property: Tax Parcel #: Commission District: Background ANALYSIS: Location restrictions: zoning and proximity to churches, libraries, schools, and public recreation areas. o Zoning: B-2 (General Business)Zone o Distance Requirements: The proposed location for consumption on premise Liquor, Beer & Wine meets the minimum distance location to churches, schools, libraries, and public recreation areas. ADDIT!ONAL CONS! DERATIONS: a Reputation, character. The applicant's reputation, character, trade and business associations or past business ventures, mental and physical capacity to conduct business. Previous violations of liquor laws. lf the applicant is a previous holder of a license to sell alcoholic liquors, whether he has violated any laws, regulations or ordinance relating to such business. Manner of conducting prior liquor business. lf the applicant is a previous holder of a license to sell alcoholic liquors, the manner in which he conducted the business thereunder especially as to the necessity for unusual police observation and inspection to prevent the violation of any law, regulation or ordinance relating to such business. a a a a a a a a a Location. The location for which the license is sought, as to traffic congestion, general character of neighborhood, and the effect such an establishment would have on the adjacent surrounding property values. o The proposed Iocation is a Cigar Lounge Number of licenses in a trading area. The number of licenses already granted for similar business in the trading area of the place for which the license is sought. Dancing. lf dancing is to be permitted upon the premise for which the license is sought and the applicant has previously permitted dancing upon the premises controlled or supervised by him, the manner in which he controlled or supervised such dancing to prevent any violation of any law, regulation, or ordinance. Previous revocation of Iicense. lf the applicant is a person, whose license issued under the police powers of any governing authority has been previously suspended or revoked or who has previously had an alcoholic beverages licenses suspended or revoked. Payment of taxes. lf the applicant and business are not delinquent in the payment of any local taxes. Congregation of minors. Any circumstances, which may cause minors to congregate in the vicinity of the proposed location, even if the location meets the distance requirement under section 6-2-64 (b) herein. Prior incidents. Evidence that a substantial number of incidents requiring police intervention have occurred within a square city block of the proposed location during the twelve (12) months immediately preceding the date of application. Previous Denial or Revocation. The denial of an application or revocation of a license, occurring within the preceding twelve (12) months, which was based on the qualifications of the proposed location. FINANCIAI IMPACT: The applicant will pay a pro-rated fee of $2,223.50 RECOMMENDATION: The Planning & Development approved the application subject to additional information not contradicting the applicant's statements. The Sheriffs Office approved the application subject to additional information not contradicting applicant's statements. Note: The staff report includes the information available approximately two weeks prior to the public Services Committee meeting. lt represents an evaluation of the facts presented by the applicant, research done by the staff, and consideration of the relevant factors in the Comprehensive Zoning Ordinance and the Alcohol Ordinance of Augusta, Georgia. New facts may emerge, and staff reserves the right to make an oral recommendation at the hearing based on all the information available at that time. Augusta-Richmond county Planning & Development Department 1803 Marvin Griffin Road Augusta, GA. 30906 ALCOHOL BEVERAGE APPLICATION Alcohol Number ==.=_---.- year __-- Alcohol Account Number Name of Business State zipBusinessPhone ( )Applicant Name and Address: 1. 2. 3. 4. 5. City L 6 7 8 9 Applicant Social Security # ^ -D.O.BIfApplication is a transfer, lsr prevlous zrpprruanti Business Location: Map & Parcel Zoning Location Manager(s) Is fgplicant an American citizen or Alien lawfully admitted for permanent residency?(v{Yes( ) No OWNERSHIP INFO 10. u 12 Corporation (if applicable): Date Chartered: Mailing Address:?2! Broaal l{ rug*s\LA 13. t4. Ownership Type: ( Corporate Name: ( ) Individual List name and other each person having interest in this business. Name t 7?o \2 e. o h r N 15. Narue of Business Attention Address City/StatelZip oL a,?qo ( )PackageStore ( )HybridI What type of business will youoperate in this location?( ) Restaurant - Full (vfloungc ( ) Convenience Store()() Total License Fee: $ Prorated License Fee: (After July I ONLY) g 16. Have you ever applied for an Alcohol Beverage License before:tJoIlso, give year ofapplication and its disposition: t7 ,rcense lntbrrnation l ,rouor Rem Wlne I)ance letail Package Dealer lonsumption on Premises t.\a \,/ fy'holesale Are you familiar with Ceolgia and Augusta-Richmond County-larys regardine the sale ofalcoholic beverages? (.Vfres ( ) No If so. please initial A. e , 18. 19. Attach a passport-size photograph (front view) taken within two years. Write name on back of the dealer submitting the license application. Has any liquor business in which you hold, or have held, any financial interest, or are employed, or luve been employed, ever been cited for any violation of the rules and regulations of Augusta:-Richmond County or the State Revgnue Commission relaring to the sale and distribution of distilled spirits? ( ) Yes ( t 1 No If yes, give full details 20.Have you ever been arrested, or held by Federal, State, or other law-enforcement authorities, for any violation of any Federal, State, Courrty or Municipal law, regulation or ordinance: (Do not include traffic violations, with the exception of any offenses pertaining to alcoholor drugs). All other charges must be included, €ven il they are dismissed. (12lYes ( )No glve charged or held, date and where charged and its t^ s 21. List owner or owners of building and property ,( o 22. List the name and other required information for each person, firm or corporation having any interest in the business. A/o^)E Ifa new application, attach a surveyor's plat and state the straight line distance from the property line ol school, church, library, or public recreation area to the wall of the building where alcohol beverages are sold. <ob,i.\\e,sl 23 A) Church B) Library C) School D) Public sworn that said statements and answers are true. inlheyear ZoZZ Public 24. State of Georgia, Augusta-Richmond County, I, Do solemnly sear, subject to the penalties of false swearing,that the and answers made by me as the applicant in the true. alcoholic application are Signature25. I hereby certify that is personally known to be, That hdshe rign"a tiVryingto me that he/she knew and understood all statements and answers made herein, and, under oath actually me, ol The Board of Commissioners on the _ day of (Approved, Disapproved) the forgoing application administered bv This g da; in the year _, )epartment lecommmdatinn Approve Deny ,4Comments A,lcohol Inspector i1,-,;ff Fire Inspector Administrator Date Public Service Committee Meeting 8/30/2022 1:00 PM Alcohol Application Department:Planning & Development Presenter:Julietta H. Walton Caption:Motion to approve New Ownership-Existing Location: A.N. 22-61: A request by Albert Gross for a consumption on premise Liquor, Beer, & Wine License to be used in connection with Augusta Cigar Club located at 722 Broad St. District 1. Super District 9. Background:This is a new ownership application. Formerly in the name of Keith Parker. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a pro-rated fee of $2,223.50. Alternatives: Recommendation:The Planning & Development approved the application subject to additional information not contradicting the 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 PLANNING & DEVELOPMENT DEPARTMENT STAFF REPORT Case Number:A.N.22-62 Application Type: Retail Package Beer & Wine Business Name: Chattha Corporation Hearing Date:August 30,2022 Report Prepared By: Julietta H. Walton, Business License & Customer Service Manager Applicant: Propefi Owner: Safi Ullah Sawa Kendra LLC Address of Propertyz 2LGL Gordon HWY Tax Parcel #:068-0-009-00-0 Commission District: District: 5 Super District: 9 Background:Existing Location ANALYSIS: Location restrictions: zoning and proximity to churches, libraries, schools, and public recreation areas. o Zoning: L-l (Light lndustrial)Zone o Distance Requirements: The proposed location for retail package Beer & Wine meets the minimum distance location to churches, schools, libraries, and public recreation areas. ADDITIONAT CONSI DERATIONS: Reputation, character. The applicant's reputation, character, trade and business associations or past business ventures, mental and physical capacity to conduct business. Previous violations of liquor laws. lf the applicant is a previous holder of a license to sell alcoholic liquors, whether he has violated any laws, regulations or ordinance relating to such business. Manner of conducting prior liquor business. lf the applicant is a previous holder of a license to sell alcoholic liquors, the manner in which he conducted the business thereunder especially as to the necessity for unusual police observation and inspection to prevent the violation of any law, regulation or ordinance relating to such business. a a a a Location. The location for which the license is sought, as to traffic congestion, general character of neighborhood, and the effect such an establishment would have on the adjacent surrounding property values. o The proposed Iocation is a Convenience Store Number of licenses in a trading area. The number of licenses already granted for similar business in the trading area of the place for which the license is sought. Dancing. lf dancing is to be permitted upon the premise for which the license is sought and the applicant has previously permitted dancing upon the premises controlled or supervised by him, the manner in which he controlled or supervised such dancing to prevent any violation of any law, regulation, or ordinance. Previous revocation of license. lf the applicant is a person, whose license issued under the police powers of any governing authority has been previously suspended or revoked or who has previously had an alcoholic beverages licenses suspended or revoked. Payment of taxes. lf the applicant and business are not delinquent in the payment of any local taxes. Congregation of minors. Any circumstances, which may cause minors to congregate in the vicinity of the proposed location, even if the location meets the distance requirement under section 6-2-64 (b) herein. Prior incidents. Evidence that a substantial number of incidents requiring police intervention have occurred within a square city block of the proposed location during the twelve (12) months immediately preceding the date of application. Previous Denial or Revocation. The denial of an application or revocation of a license, occurring within the preceding twelve (12) months, which was based on the qualifications of the proposed location. a FINANCIAL IMPACT: The applicant will pay a pro-rated fee of 5665.00 RECOMMENDATION: The Planning & Development approved the application subject to additional information not contradicting the applicant's statements. The Sheriff s Office approved the application subject to additional information not contradicting applicant's statements. Note: The staff report includes the information available approximately two weeks prior to the Public Services Committee meeting. lt represents an evaluation of the facts presented by the applicant, research done by the staff, and consideration of the relevant factors in the Comprehensive Zoning Ordinance and the Alcohol Ordinance of Augusta, Georgia. New facts may emerge, and staff reserves the rightto make an oralrecommendation atthe hearing based on allthe information available atthat time. a a a a a Augusta-Richmond County Planning & Development Department 1803 Marvin Griffrn Road Augusta, GA. 30906 Alcohol Number ALCOHOL BEVERAGE APPLICATION Year Alcohol Account Number l. 2. J. 4. 5. 6. 7. 8. 9. 10. Name of Busin"s Chr.tll^ Cotbrr^fiuo Address 7.161 GalAun Awd City State GA Zip lo9ol Business Phone HomePhoneL_-) Applicant Name and Address: o Applicant Social Security #,_D.O.BIf Application is a transfer, lisr pretnous Appllcanr Business Location: Map & Parcel Zoning Is Applicant an American Citizen or Alien lawfully admitted for permanent residency?(/)Yes( )No OWNERSHIP INFORMATION Corporation (if applicable): Date Charteredt O)- A1- Aoi& l,ocation Manager(s) _ ll. 12.Mailing Address: Name of Business Attention Address City/State/Zip 13. t4. Ownership Type: (./ ) Corporation ( ) Partnership Corporate Name: Cl^lth^. (orlo,tab'o q ( ) Individual List name and other required information for each person having interest in this business. 15 What rype of business will you operate in this location?( )Restaurant-Full ( )Lounge (v)Conveniencestore( )Restaurant-Limited ( )PackageStore ( )Hybrid( ) Other: ,rce-nse lnfbmrtion Ltdtt6t taeer Wine flence sun4av sales Retail Packase Dealer lonsumption on Premises Wholesale Total License Fee: $ Prorated License Fee: (After July I ONLY) $ 16. Have you ever applied for an Alcohol Beverage License before: Ifso, give year ofapplication and its disposition: Name Pacitian ssNo#Address Interest 15't.e^ f: f ,it ^t^cEo Uo tlapoa.r,A rl.a,CFo ,'/_ t7 Are you familiar with Georgia and Augusta-Richmond County laws regarding the sale of alcoholicbeverages? (r)Yes ( ) No If so,please inttial l; l) Attach a passport-size photograph (front view) taken within rwo years. Write name on back of the dealer submitting the license application. Has any liquor business in which you hold, or have held, any financial interest, or are employed, or have been employed, ever been cited for any violation of the rules and regulations of Augusta=-Richmond County or the State Revenue Commission relating to the sale and distribution of distilled spirits? ( ) Yes (1') No If yes, give tull details: Have you ever been arrested, or held by Federal, State, or other law-enforcemeRt authorities, for any violation of any Federal, State, County or Municipal law, regulation or ordinance: (Do not include traffic violations, with the exception of any offenses pertaining to alcohol or dnrgs). All other charges must be included, even if they are dismissed. ( ) Yes (.1) No If yes, give reason charged or held, date and place where charged and its disposition. 21. List owner or owners of building and property List the name and other required information for each person, firm or corporation having any interest in the business. Ifa new application, attach a surveyor's plat and state the straight line distance from the property line of school, church, library, or public recreation area to the wall of the building where alcohol beverages are sold. A) church - B) Library -- C) School D) Public Recreation 24. State of Georgia, Augusta-Richmond County, I, Do solemnly sear, subject to the penalties offalse swearing, that the statements and answers made by me as the applicant in the forgoing alcoholic beverage application areru l8 19. 20. true. 25. I hereby ""nrrr,nu, o*"""* tt** is personally That hdshe signed hiVher name to the forgoing allocation stating to m€ that and understood all statements and answers made herein, and, under 22. 23. me,swom that statements and answers of The Board of Commissioners on the - day of (Approved, Disapproved) the forgoing application administered bv rr,is ll, day Public in the year _ Deny CommentsDepadment Rrnmmmdatinn Approve Alcohol Inspector rL^iff iire lnspector Administrator Date Public Service Committee Meeting 8/30/2022 1:00 PM Alcohol Application Department:Planning & Development Presenter:Julietta H. Walton Caption:Motion to approve New Ownership-Existing Location: A.N. 22-62: A request by Safi Ullah for a retail package Beer & Wine License to be used in connection with Chattha Corporation located at 2161 Gordon HWY. District 5. Super District 9. Background:This is a new ownership application. Formerly in the name of Samaratkumar Brahmbhatt. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a pro-rated fee of $665.00. Alternatives: Recommendation:The Planning & Development approved the application subject to additional information not contradicting the 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 8/30/2022 1:00 PM Alcohol Application Department:Planning & Development Presenter:Julietta H. Walton Caption:Motion to approve New Location: A.N. 22-59: A request by Miguel Chavez for an on premise consumption Liquor, Beer & Wine license to be used in connection with Lokos Tacos located at 2825 Washington RD H-1. There will be Sunday Sales. District 7. Super District 10. 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 $3,427.50. Alternatives: Recommendation:The Planning & Development approved the application subject to additional information not contradicting the 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 8/30/2022 1:00 PM Massage Operator License Department:Planning & Development Presenter:Julietta H. Walton Caption:Motion to approve a request by Stephanie A. Hall for a Massage Operators License to be used in connection with Sport & Injury Bodyworks, LLC located at 645 N Frontage RD. District 3. Super District 10. Background:This is a New Location. Analysis:The applicant meets the requirements of the City of Augustaa's Ordinance that regulates Massage Therapy. 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 the 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 --a- AGENDA ITEM REQUEST FORM Commission meetings: First and third Tuesdays of each month - 2:00 p.m. Committee meetings: Second and last Tuesdays of each month - 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 Committee Date of Meetilg August 30th 2OZZ Administrative Services Committee Date of Meeting Engineering Services Committee Date of Meeting Finance Committee Date of Meeting Contact Information for IndividuaUPresenter Making the Request: Name: Robert Davis Address: P.O. Box 333 Evans. Ga. 30809 TelephoneNumber: 706-82s4023 Fax Number: E-Mail Address: augustarcsupercross@gmail.com Caption/Topic of Discussion to be placed on the Agenda: Augusta R/C Supercross @ Bayvale Park - 3470 Milledgevllle Rd, Augusta, GA 30909 \Mat we offer to the community & Augusta Parks & Recs We need support for our program to stay alive. We have been personally funding this program since 2001 And now the parks infrastructure is failing/unsafe and we are shut down without electricity Please send this request form to the following address: Ms. Lena J. Bonner Telephone Number: 706-82l-1820 Clerk of Commission Fax Number: 706-821-1838 Suite 220 Municipal Building E-Mail Address: nmorawski@augustaga.gov 535 Telfair Street Augusta, GA 30901 Requests may be faxed, e-mailed or delivered in person and must be received in the Clerk,s Office no later than 9:00 a.m. on the Thursday preceding the Commission and Committee meetings of the following week. A five-minute time limit witl be allowed for presentations. Public Service Committee Meeting 8/30/2022 1:00 PM Robert Davis Department: Presenter: Caption:Motion to approve an update regarding SPLOST 8 funding in 30-days; and determine relationship with the Augusta Recreation Department and Augusta R/C Supercross as presented by Mr. Robert Davis at Augusta's Bayvale Park at next week's Commission meeting. (Approved by the Public Services Committee August 30, 2022) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Hangar N1 Ramp and Taxilane Issued for Construction Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-0011-045-2020 June 30, 2022 CF-7 CONTRACT THIS CONTRACT made and entered into to be effective ____________, 2022 by and between, AUGUSTA GEORGIA, “Augusta,” a political subdivision of the State of Georgia, acting through the AUGUSTA AVIATION COMMISSION, whose address is 1501 Aviation Way, Augusta Regional Airport at Bush Field, Augusta, Georgia 30906-9600, hereinafter called “Airport”, and Independence Excavating, Inc., hereinafter called “Contractor”. WITNESSETH: WHEREAS, Augusta is the owner and operator of a full-service commercial airport known as the Augusta Regional Airport; WHEREAS, Augusta has solicited a bid for the construction of Augusta Regional Airport Hangar N1 Ramp and Taxilane for the Airport; WHEREAS, the Contractor submitted a bid for said services; and WHEREAS, Augusta, on behalf of the Airport, accepted the Contractor’s Bid for said services; NOW THEREFORE, in consideration of the mutual covenants, promises, and agreements herein contained, Augusta and the Contractor hereby agree as follows: The Contractor’s Services shall be in accordance with the scope of services and all provisions provided herein. ARTICLE 1 SCOPE OF THE WORK 1.1 The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the Plans and described in the specifications for the Project entitled: AUGUSTA REGIONAL AIRPORT HANGAR N1 RAMP AND TAXILANE and in accordance with the requirements and provisions of the Contract Documents as defined in the Provisions hereto attached which are hereby incorporated and made a part of this contract. 1.2 Definitions The following terms have the following meanings whenever used in the Contract Documents (defined below), or in related documents, the terms or pronouns used in place of them shall be defined as follows: Hangar N1 Ramp and Taxilane Issued for Construction Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-0011-045-2020 June 30, 2022 CF-8 1.2.1 Airport Executive Director. The person tasked with the day-to-day operations of the Airport. 1.2.2 Augusta Aviation Commission. The Augusta Regional Airport Aviation Commission tasked with the overall administration of the Airport. 1.2.3 Augusta, Georgia or City or Owner. Augusta, Georgia’s Commission. 1.2.4 Engineer. The Work has been designed by Mead & Hunt, Inc., whose corporate headquarters is located at 2240 Deming Way, Middleton, WI 53562, who is hereinafter called Engineer and who is to assume all duties and responsibilities and have the rights and authority assigned to Engineer in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. 1.2.5 Project. Augusta Regional Airport Hangar N1 Ramp and Taxilane, including, but not limited to, the removal of approximately 1,400 square yards of asphalt pavement, the construction of approximately 13,200 square yards of new cement concrete pavement, construction of 450 linear feet of elliptical storm drain, as well as new electrical elements and pavement markings. 1.2.6 Airport’s Administrator. Airport’s Representative shall be the Airport’s Executive Director or his designee. 1.2.7 Contractor’s Representative(s). The Contractor’s representative (“Contractor’s Representative”) for all dealings with Airport shall be _________________. Contractor’s Representative may be changed upon prior written notice delivered to Owner. 1.3 Subject to controlling law, the Owner will refuse to permit the Contractor to use any employee on this job if the Owner reasonably deems that individual unfit to work at the Airport facilities in any respect. 1.4 All Contractor employees shall strictly adhere to Airport regulations while on the Airport premises, including but not limited to Augusta, Georgia, County, and Transportation Security Authority (TSA) and Federal Aviation Administration (FAA) regulations governing access to buildings, personal conduct, and possession of prescribed substances, parking, and traffic. The Owner reserves the right to require the removal of Contractor employees from the Project. 1.5 Design, Standards and Practices. The design, strength, quality of materials and workmanship must conform to the highest standards of construction practices and/or services. Hangar N1 Ramp and Taxilane Issued for Construction Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-0011-045-2020 June 30, 2022 CF-9 ARTICLE II TERM 2.1 The Contractor must begin work within ten (10) calendar days of receiving the Notice to Proceed (NTP) from the Owner. It is anticipated the NTP will be issued __________. The Contractor will mobilize with sufficient forces such that all work is completed within one hundred and eighty (180) calendar days after the issuance of the NTP. Contract time charges will begin as set forth in Section 80 of the General Provisions 2.2 Contractor working times shall be as designated on the Construction Safety & Phasing Plan sheets in the Construction Drawings. At the Owner’s discretion, work times may be further restricted. 2.3 For additional details please review Section 80 of the attached Specifications. 2.4 It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that the date of beginning, rate of progress and the time for completion of the work to be done hereunder are ESSENTIAL CONDITIONS of this Contract. Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed by and between the Contractor and the Owner, that the time for the completion of the work described herein is a reasonable time for the completion of the same, taking into consideration the average climatic range and construction conditions prevailing in this locality. 2.5 It is further agreed that time is of the essence of each and every portion of this Contract and the specifications wherein a definite portion and certain length of time is fixed for the performance of any act whatsoever; and where under the Contract an additional time is allowed for the completion of any work, the new time limit fixed by extension shall be the essence of the Contract. ARTICLE III LIQUIDATED DAMAGES 3.1 The Contractor acknowledges that time is of the essence with respect to the Work governed by the Contract. The Contractor acknowledges and recognizes that if it fails to achieve Substantial Completion of any portion of the Work within the Contract Time as may be extended in accordance with the terms of this Contract, the Owner will sustain substantial losses as a result of such failure. The Contractor further acknowledges that the Owner will suffer damages that are difficult, if not impossible, to accurately estimate. The Contractor shall be assessed liquidated damages as set forth in Section 80, Execution and Progress, subsection 80-08. Hangar N1 Ramp and Taxilane Issued for Construction Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-0011-045-2020 June 30, 2022 CF-10 ARTICLE IV PAYMENT 4.1 The Contract Sum The Owner shall pay to the Contractor for completion of the Work in strict accordance with the Contract Documents, and in accordance with the unit bid prices submitted on June 23, 2022, with a contract price of $4,892,410.00. 4.2 Progress Payments 4.2.1 Contractor shall submit Applications for Payment in accordance with Section 90 of the General Provisions but in no case shall submit Applications for Payment more than once per month. Application for Payment will be processed by Engineer as provided in the General Provisions. 4.2.2 Progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as Engineer shall determine, or Owner may withhold, in accordance with Section 90 of the General Provisions. 1) 90% of Work completed as determined by Engineer. 2) 90% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to Owner as provided in paragraph 90-07 of the General Provisions. 4.2.3 Within ten (10) business days of receiving each Application for Payment, the Engineer shall either indicate in writing a recommendation of payment and present the application to the Owner, or return the Application to the Contractor indicating in writing necessary corrections. In the latter case, the Contractor shall make the corrections and resubmit the application. 4.3 Invoices. Contractor shall submit invoices to: Mead & Hunt, Inc. Attn: Edwin Scott 5955 Core Road, Suite 515 North Charleston, SC 29406 Hangar N1 Ramp and Taxilane Issued for Construction Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-0011-045-2020 June 30, 2022 CF-11 4.4 Retainage and Partial Payments. If payment request is approved by the Owner, the approved payment request shall be submitted to the Owner’s Finance Department for processing on or before the fifth day of the following month, and payment (less retainage) shall be made to the Contractor thirty (30) calendar days after the date the approved payment request is received by the Owner’s finance department. If a payment request is not approved by the Owner, then no payment shall be made to the Contractor until such time as the Owner approves the payment request. The amount of retainage shall be as follows: 4.4.1 Ten percent (10%) of each partial payment shall be withheld as retainage until the value of fifty percent (50%) of the Contract Price, including Change Orders and other authorized additions provided in the Contract, is due; 4.4.2 When fifty percent (50%) of the Contract Price, as described above, becomes due and the manner of completion of the Work and its progress, quality, schedule are reasonably satisfactory to the Owner, and there are no outstanding claims by the Contractor, subcontractors or material suppliers, the withholding of retainage shall be discontinued. 4.4.3 If after discontinuing retainage, the Owner determines that the Work is unsatisfactory or has fallen behind schedule, withholding of ten percent (10%) of each request for payment may be resumed. When the Work has reached Substantial Completion and the Owner determines the Work to be reasonably acceptable, the Contractor shall submit an invoice or other documents as may be required and receive payment thereof within thirty (30) calendar days. If there are any remaining incomplete minor items, an amount equal to two hundred percent (200%) of the value of each item, as determined by the Owner, shall be withheld until such items are complete; 4.4.4 The Contractor shall within ten (10) calendar days from its receipt of retainage from the Owner pass through payments to Subcontractors and shall reduce each Subcontractor’s retainage in the same manner as the Contractor’s retainage is reduced by the Owner. The Subcontractor shall within ten (10) calendar days from the Subcontractor’s receipt of retainage pass through payments to lower tier subcontractor’s and shall reduce each lower tier subcontractor’s retainage in the same manner as the Subcontractor’s retainage is reduced. Hangar N1 Ramp and Taxilane Issued for Construction Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-0011-045-2020 June 30, 2022 CF-12 4.4.5 The Contractor and Owner agree to abide by all applicable provisions of Georgia State Law concerning retainage, including but not limited to O.C.G.A. §13-10-80. If the terms of this Contract concerning retainage conflict with Georgia State Law, Georgia State Law shall govern. ARTICLE V FINAL INSPECTION 5.1 Upon notice from the Contractor that the Work is completed, the Owner shall make a Contractor during the course of final inspection of the Work and shall notify the Contractor of all instances where the Work fails to comply with the Drawings and Specifications, as well as any defects the Owner may discover. At no cost to the Owner, the Contractor shall immediately make such alterations as are necessary to bring the Work into compliance with the Contract, the Drawings, and Specifications. ARTICLE XI ACCEPTANCE AND FINAL PAYMENT 6.1 Final Payment. Upon final completion and acceptance of the Work in accordance with Section 50 of the General Provisions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said paragraph 90-09. 6.2 Before final payment is due the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with the work have been paid, except that in case of disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety bond satisfactory to the Owner guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. 6.3 The making and acceptance of the final payment shall constitute a waiver of all claims by the Owner other than those arising from unsettled liens, from faulty work appearing within twelve (12) months after final payment, from requirements of the specifications, or from manufacturers' guarantees. It shall also constitute a waiver of all claims by the Contractor except those previously made and still unsettled. 6.4 If after the Work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Engineer, so certifies, the Owner shall upon certificate Hangar N1 Ramp and Taxilane Issued for Construction Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-0011-045-2020 June 30, 2022 CF-13 of the Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. ARTICLE VII CHANGES 7.1 The Owner may, during the Contract period, make changes to the Scope of Work, which may result in changes to the general scope of the Contract and its provisions. 7.2 Written/verbal agreements, changes, or amendments to this Contract shall not be binding upon the Owner unless approved and signed by the Owner in advance of performing work. 7.3 Contractor acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Augusta Aviation Commission or Augusta, Georgia Board of Commissioners and approval of the Mayor. Under Georgia law, Contractor is deemed to possess knowledge concerning Augusta, Georgia's ability to assume contractual obligations and the consequences of Contractor's provision of goods or services to Augusta, Georgia under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that the Contractor may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Contractor agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if the Contractor provides goods or services to Augusta, Georgia in excess of the any contractually authorized goods or services, as required by Augusta, Georgia's Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods or services provided by Contractor. Contractor assumes all risk of non-payment for the provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized, including, without limitation, all remedies at law or equity. Hangar N1 Ramp and Taxilane Issued for Construction Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-0011-045-2020 June 30, 2022 CF-14 ARTICLE VIII INSURANCE 8.1 During the term of this Contract, Contractor shall provide, pay for, and maintain with companies reasonably satisfactory to the Owner the types of insurance as set forth in the Augusta Code, and Georgia Law as the same may be amended from time to time, and as described herein. All insurance shall be issued by insurance companies eligible to do business in the State of Georgia and Best Rated A+ or equivalent. In the event of a conflict between the provisions of the Augusta Code and this Contract, the more stringent requirement shall govern. In no event shall Contractor maintain any insurance less than the requirements set forth in the Augusta Code, as amended. 8.2 All liability policies of Contractor and its subcontractors shall provide coverage that includes, or has the same substantive effect as the following: 8.2.1 Augusta, Georgia, the Augusta Aviation Commission, and each of its Commissioners, officers, agents, elected representatives, volunteers, and employees, in their respective capacities as such, shall be additional insured hereunder with respect to the products, premises, and operations of the named insured. 8.2.2 This insurance policy shall apply as primary, and any insurance and/or self-insurance as may be maintained by the Augusta, the Augusta Aviation Commission, or its Commissioners, officers, agents, elected representatives, volunteers, and employees shall apply in excess of, and shall not contribute with insurance provided by this policy.” 8.2.3 This insurance shall not be materially changed, altered, canceled, or non-renewed until after thirty (30) calendar days advanced written notice has been given to Augusta, Georgia except that only ten (10) calendar days’ notice shall be required in the event of cancellation due to non-payment of premium. 8.3 All such evidence of insurance shall be in the form of certificates of insurance satisfactory to the Augusta and its Risk Manager, accompanied by a certified true copy of an endorsement to each policy containing the above language. Properly executed certificates of insurance shall evidence the insurance coverage and limits required. The authorized representative of the insurance company shown on the certificate shall sign these certificates. The required policies of insurance shall comply with the laws of the State of Georgia. Hangar N1 Ramp and Taxilane Issued for Construction Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-0011-045-2020 June 30, 2022 CF-15 8.4 If at any time the Executive Director requests a written statement from the insurance company as to any impairment to the aggregate limit, Contractor shall promptly authorize and have delivered such statement to the Augusta Aviation Commission. Contractor authorizes the Augusta Aviation Commission and/or the Augusta’s Risk Manager to confirm with Contractor’s insurance agents, brokers, and insurance companies all information furnished. 8.5 The acceptance of delivery to the Owner of any certificate of insurance evidencing the insurance coverage and limits required under this Contract does not constitute approval or acceptance by the Owner that the insurance requirements in this Contract have been met. No operations shall commence at the Airport unless and until the required certificates of insurance are in effect and approved by the Augusta’s Risk Manager. 8.6 The Contractor and the Owner understand, and agree that the minimum limits of the insurance herein required may, from time to time, become inadequate, and Contractor agrees that it will increase such minimum limits upon receipt of written notice defining the basis of the increase. The Contractor shall furnish the Owner, within sixty (60) calendar days of the effective date thereof, a certificate of insurance evidencing that such insurance is in force. 8.7 Contractor’s insurance companies or its authorized representative shall give the Owner thirty (30) calendar days prior written notice of any cancellation, intent not to renew, or material reduction in any policy’s coverage, except in the application of the Aggregate Limit Provisions. In the event of a reduction to the Aggregate Limit, it is agreed that immediate steps will be taken to have the prior Aggregate Limit reinstated. 8.8 If at any time, the Airport Executive Director requests a written statement from the insurance companies as to any impairment(s) to the Aggregate Limit, prompt authorization and delivery of all requested information will be given to the Augusta Aviation Commission. Renewal Certificates of Insurance must be provided to the Owner as soon as practical but in every instance prior to expiration of current coverage. Hangar N1 Ramp and Taxilane Issued for Construction Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-0011-045-2020 June 30, 2022 CF-16 8.9 The amounts and types of insurance shall conform to the following minimum requirements with the use of Insurance Service Office policies, forms, and endorsements or broader, where applicable. Notwithstanding the foregoing, the wording of all policies, forms, and endorsements must be reasonably acceptable to the Owner. 8.10 Workers’ Compensation and Employer’s Liability Insurance shall be maintained in force by Contractor during the term of this Contract for all employees engaged in the operations under this Contract. The limits of coverage shall not be less than: Workers’ Compensation Georgia Statutory Employer’s Liability $1,000,000.00 Limit Each Accident $1,000,000.00 Limit Disease Aggregate $1,000,000.00 Limit Disease Each Employee 8.11 Commercial General Liability – Occurrence Form. Policy shall include bodily injury, property damage, personal injury and broad form contractual liability coverage with limits no less than five million dollars ($5,000,000.00) in Broad Form Comprehensive General Liability insurance. 8.12 Automobile Liability Insurance. For any vehicles authorized in writing by the Executive Director to operate on the Aircraft Operating Area (AOA) of the Airport, Automobile Insurance in the minimum amount of Five Million Dollars ($5,000,000.00) combined single limit coverage. If the Contractor's Comprehensive General Liability coverage includes vehicular operations on the Airport, separate automobile insurance shall not be required. The foregoing insurance shall be endorsed to state that it will be primary to the Augusta, Georgia and the Augusta Aviation Commission's insurance and that the carrier waives its right of subrogation against Augusta, Georgia, the Augusta Aviation Commission, and their officers, agents, elected and appointed officials, representatives, volunteers, and employees. Augusta, Georgia, the Augusta Aviation Commission, and their officers, agents, employees, elected and appointed officials shall be added as additional insureds on said policies. Said policy shall contain Severability of Interest Clause and shall include contractual liability coverage at least as broad as that given in the most current CA 00 01 ISO form. Hangar N1 Ramp and Taxilane Issued for Construction Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-0011-045-2020 June 30, 2022 CF-17 8.13 Excess Liability: $2,000,000.00 Policy must follow form of General Liability Policy and all insurance together for general liability must total at least a minimum of two million dollars ($2,000,000.00). Any form of underlying and excess policies may satisfy such requirement. 8.14 The Commercial General Liability Insurance coverage as required in the paragraph above shall include those classifications, as listed in Standard Liability Insurance Manuals, which are applicable to the operations of the Contractor in the performance of this Contract. 8.15 Within sixty (60) calendar days of the effective date thereof or any subsequent term, Contractor shall provide Owner with certificate(s) of insurance evidencing that such insurance as described herein be in force. Insurance binder letter(s) or a Certificate(s) of Insurance as described above must be sent to the address below with a copy to the Owner: Augusta, Georgia Risk Management 535 Telfair Street Suite 920 Augusta, GA 30901 (706) 821-2502 (Fax) 8.16 Subcontractors. It is the sole responsibility of the general Contractor to ensure that all subcontractors working under it have separately procured any and all types and limits of insurance that are required under any and all pertinent local, state, or federal ordinances or resolutions that are suitable for the particular trade that the subcontractor is performing. It is also the sole responsibility of the general and/or prime Contractor to ensure that any and all subcontractors or vendors carry types and limits of insurance not less than those listed herein and that the subcontractors and/or vendors carry and/or procure endorsements to waive all subrogation rights against and name “Augusta, Georgia, its appointed and elected Officials, departments, agencies, boards, commissions, its officers, agents, employees and volunteers” as additional insureds. Hangar N1 Ramp and Taxilane Issued for Construction Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-0011-045-2020 June 30, 2022 CF-18 ARTICLE IX AIRPORT SECURITY REQUIREMENTS 9.1 Contractor’s employees shall be required to operate in Airport’s secure areas. Contractor shall be required to obtain the Airport’s Security Identification Display Area (SIDA) badges for any employee working in the secured area. Contractor shall comply, at its own expense, with the Transportation Security Administration (TSA) and the Owner’s security requirements for the Airport including, but not limited to employee training and badges. Contractor shall cooperate with the TSA and the Owner on all security matters and shall promptly comply with any project security arrangements established by the Owner. Compliance with such security requirements shall not relieve Contractor of its responsibility for maintaining proper security for the above-noted items, nor shall it be construed as limiting in any manner Contractor’s obligation with respect to all applicable federal, state and local laws and regulations and its duty to undertake reasonable action to establish and maintain secure conditions at and around the Project and throughout the Airport. All employees shall be properly badged and comply with all Owner’s safety and security rules. 9.2 Any Contractor employees assigned to work in a secured area are required to be “badged” or a “badged” Contractor employee must escort them the entire time they are in these secured areas. 9.3 To qualify for the badge, individual must be fingerprinted and have a background investigation completed. In addition, the Owner will conduct a background inquiry and require finger printing of all individuals who will be working on the secured side of the Airport screening point. This may also include collection of appropriate criminal history information, contractual and business associations and practices, employment histories, reputation in the business community and credit reports for the Contractor, as well as, its employees. 9.4 Contractor consents to such an inquiry and agrees to make available to the Owner such books and records the Owner deems necessary to conduct the review. 9.5 Contractor shall pay all costs associated with providing SIDA badges. 9.6 Contractor shall be responsible for any fines assessed by the FAA or TSA as a result of the actions of its employees or subcontractors. Hangar N1 Ramp and Taxilane Issued for Construction Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-0011-045-2020 June 30, 2022 CF-19 ARTICLE X REPRESENTATIONS AND WARRANTIES In order to induce the Owner to enter into this Contract, Contractor hereby represents and warrants that as of the date above written that: 10.1 Contractor is duly organized and validly existing in good standing under the laws of the State of ________ in which it is organized, is qualified to do business in all jurisdictions in which it is operating, and has the power and authority to execute and deliver and to perform its obligations under this Contract and the documents to which it is signatory; and 10.2 The execution, delivery and performance by Contractor and its undersigned representative(s) of this Contract and other documents to which Contractor is a signatory do not require the approval or consent of any other person, entity or government agency and do not result in any breach of any agreement to which Contractor is a party or by which it is bound; and 10.3 The execution, delivery and performance by Contractor of this Contract and other documents to which it is a signatory have been duly authorized by all necessary action, and constitute legal, valid and binding obligations of Contractor, enforceable against Contractor in accordance with its terms; and 10.4 No action, suit or proceeding to which Contractor is a party is pending or threatened that may restrain or question this Contract, or any other document to which it is a signatory, or the enjoyment of rights or benefits contemplated herein; and 10.5 Contractor has all State of Georgia Licenses and permits required for the performance of the Work and shall only use properly licensed and trained persons to perform such services. ARTICLE XI NOTICES 11.1 Delivery. All notices given by either party to the other under this Contract must be in writing and delivered by: (i) regular mail, postage prepaid; (ii) certified or registered mail; (iii) facsimile; or (iv) hand - delivery, to the parties at the addresses and facsimile numbers set forth in the Clause titled “Addresses”. Hangar N1 Ramp and Taxilane Issued for Construction Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-0011-045-2020 June 30, 2022 CF-20 11.2 Receipt. Notices sent by mail will be deemed to be received upon deposit in the mail, properly addressed. Notices sent by certified or registered mail will be deemed to be received upon the date of the acknowledgment. Notices sent by facsimile will be deemed to be received upon successful transmission to the proper facsimile number. Notices delivered by hand- delivery will be deemed to be received upon acceptance by the respective party or its agent. 11.3 Change of Address or Facsimile Number. Either party may, at any time, change its respective address or facsimile number by sending written notice to the other party of the change. 11.4 Addresses. To OWNER: To CONTRACTOR: Augusta Regional Airport Attn: Executive Director Attn: 1501 Aviation Way Augusta, Georgia 30906 Telephone: (706) 798-3236 Telephone: Fax: (706) 798-1551 Fax: With a copy to: Augusta General Counsel Augusta Richmond County Department of Law 535 Telfair St. Building 3000 Augusta, GA 30901 Fax: (706) 842-5556 ARTICLE XII INDEMNIFICATION AND HOLD HARMLESS 12.1 Except where, and to the extent caused by the gross negligence of Augusta, Georgia, the Augusta Aviation Commission, their agents, employees, contractors, officers or, Contractor shall protect, defend, reimburse, indemnify, and hold Augusta, Georgia, the Augusta Aviation Commission, its members, agents, employees, and elected officers and each of them, free and harmless at all times as set forth in Augusta, Georgia Code, and particularly Article 1, Chapter 3, Division 1, Section 1-3-8.5, Indemnity and Insurance, as the same may be amended from time to time, and described herein. In the event of a conflict between the provisions of the Augusta Code and this Contract, the broader requirement shall govern. Hangar N1 Ramp and Taxilane Issued for Construction Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-0011-045-2020 June 30, 2022 CF-21 ARTICLE XIII PERMITS 13.1 Contractor shall obtain and maintain at all times all necessary licenses, permits and certifications to perform the work described in the Contract. Contractor shall furnish copies of all licenses, permits, and certifications to the Administrator. ARTICLE XIV WORK PERMITS REQUIRED 14.1 Contractor agrees and acknowledges that its employees and agent’s employees, as well as any subcontractors or subcontractors’ personnel, working on the Contract must be United States citizens, or must be lawfully admitted for residence and be permitted to work in the United States under the Immigration and Naturalization Act, 8 U.S.C. 1101, et. seq. ARTICLE XV FEDERAL WORK AUTHORIZATION 15.1 Pursuant to O.C.G.A. §13-10-91 and Georgia Department of Labor Rule 300-10-1-.02, the Owner cannot enter a contract for the physical performance of services unless the Contractor and its Subcontractors register and participate in the Federal Work Authorization Program to verify specific information on all new employees. 15.2 The Contractor certifies that it has complied and will continue to comply with O.C.G.A. §13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. 15.3 The Contractor agrees to sign an affidavit evidencing its compliance with O.C.G.A. §13- 10-91 and Georgia Department of Labor Rule 300-10-1-.02. The signed affidavit is attached to this Contract as an exhibit 15.4 The Contractor agrees that in the event that it employs or contracts with any Subcontractor(s) in connection with this Contract, the Contractor will secure from each Subcontractor an affidavit that indicates the employee-number category applicable to that Subcontractor and certifies the Subcontractor’s current and continuing compliance with O.C.G.A. §13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. Any signed Subcontractor affidavit(s) obtained in connection with this Contract shall be attached hereto as an exhibit. Hangar N1 Ramp and Taxilane Issued for Construction Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-0011-045-2020 June 30, 2022 CF-22 ARTICLE XVI MISCELLANEOUS CONTRACT PROVISIONS 16.1 Independent Contractor/Subcontractor Contractor is acting, in performance of this Contract, as an independent contractor. Personnel supplied by the Contractor or its agents or subcontractors hereunder are not the Owner’s employees or agents and Contractor assumes full responsibility for their acts. Contractor shall be solely responsible for the payment of compensation to Contractor’s employees. The Owner shall not be responsible for payment of Worker’s Compensation, disability benefits, and unemployment insurance or for withholding and paying employment taxes for any Contractor employee, or Contractor’s subcontractors or its agent’s employees, but such responsibility shall be solely that of Contractor. This clause of the contract does not prevent the Airport from requiring Contractor to have its employees follow normal rules and guidelines for work performance, redirecting the efforts of the employees to meet the needs of the facilities, performing safety or from requiring Contractor to perform the requirements of this Contract satisfactorily, according to the General Conditions, Scope of Services, Performance Work Statement, Service Performance Standards and Methods described herein. 16.2 Force Majeure 16.2.1 Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of any such obligation, except the payment of money, is prevented or delayed by any cause, existing or future, which is beyond the reasonable control of the affected party, or by a strike, lockout or other labor difficulty, the settlement of which shall be within the sole discretion of the party involved. 16.2.2 Each party hereto shall give notice promptly to the other of the nature and extent of any Force Majeure claimed to delay, hinder or prevent performance of the services under this Contract. In the event either party is prevented or delayed in the performance of this obligation because of such Force Majeure, there shall be an equitable adjustment of the schedule. In the event there is a fluctuation in the costs or price associated with the project due to occurrence of a force majeure event, such price differential shall be borne by the party claiming the force majeure delay. However, if the party claiming the delay can show good faith efforts to mitigate the costs and demonstrates that the party’s action, inaction, or omission did not contribute Hangar N1 Ramp and Taxilane Issued for Construction Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-0011-045-2020 June 30, 2022 CF-23 to the price or costs fluctuation, said increased costs shall be borne equally by both parties. 16.2.3 Contractor will not be liable for failure to perform or for delay in performance because of Force Majeure, including the following: 16.2.3.1 any cause beyond its reasonable control; 16.2.3.2 any act of God; 16.2.3.3 inclement weather; 16.2.3.4 earthquake; 16.2.3.5 fire; 16.2.3.6 explosion; 16.2.3.7 flood; 16.2.3.8 strike or other labor dispute; 16.2.3.9 any shortage or disruption of or inability to obtain labor, material, manufacturing facilities, power, fuel or transportation from unusual sources, or any other; 16.2.3.10 delay or failure to act of any governmental or military authority; 16.2.3.11 any war, hostility or invasion; 16.2.3.12 any embargo, sabotage, civil disturbance, riot or insurrection; 16.2.3.13 any legal proceedings; or 16.2.3.14 failure to act by Contractor’s suppliers due to any cause which Contractor is not responsible, in whole or in part. 16.2.3.15 any disease, epidemic, or pandemic 16.3 Commercial Activities Neither Contractor nor its employees may establish any commercial activity or issue concessions or permits of any kind to third parties for establishing activities at the Airport. 16.4 Records and Audit Contractor and its subcontractors shall maintain records and accounts in connection with all aspects in the performance of this Contract, including those, which will accurately document incurred costs, both direct and indirect, of whatever nature, during and for a period of three (3) years from the expiration or other termination of this Contract, unless otherwise specified by applicable law. The Owner may examine and copy, at all reasonable times, with advance Hangar N1 Ramp and Taxilane Issued for Construction Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-0011-045-2020 June 30, 2022 CF-24 notification, those records and accounts. Contractor shall maintain all records in a central location in Augusta, Georgia. 16.5 Contingent Fees Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Contract; and that Contractor has not paid or agreed to pay any company, association, corporation, firm or person, other than a bona fide employee working for Contractor, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Contract. For the breach or violation of this warranty and upon a finding after notice and hearing, the Owner may terminate the Contract and, at its discretion, may deduct from the Contract sum, or otherwise recover the full amount of any such fee, commission, percentage, gift or consideration. 16.6 Rights and Remedies The rights and remedies of the Owner provided in this paragraph are not exclusive and are in addition to any other rights and remedies provided by law or under this Contract. 16.7 Non-Appropriations Notwithstanding anything contained in this Contract, if sufficient funds have not been appropriated to support continuation of this Contract for an additional calendar year or an additional term of the Contract, this Contract shall terminate absolutely and without further obligation on the part of the Owner at the close of the calendar year of its execution or if the Owner suspends performance pending the appropriation of funds. 16.8 Assignment Without the prior written consent of the Owner, Contractor may not assign, transfer or convey any of its interests under this Contract, nor delegate any of its obligations or duties under this Contract except as provided herein. 16.8.1 Consent of the Owner Required. Any assignment of this Contract or rights under this Contract, in whole or part, without the prior written consent of the Owner will be void, except that, upon ten-(10) calendar days prior written notice to the Owner, Contractor may assign monies due or to become due under this Contract. Any Hangar N1 Ramp and Taxilane Issued for Construction Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-0011-045-2020 June 30, 2022 CF-25 assignment of monies will be subject to proper setoffs in favor of the Owner and to any deductions provided for in this Contract. 16.8.2 No Relief of Responsibilities. No assignment will be approved which would relieve Contractor of its responsibilities under this Contract. 16.9 Parties Bound. This Contract will be binding upon and inure to the benefit of the Owner and Contractor and their respective successors and assigns. 16.10 No Partnership or Joint Venture. Nothing contained in this Contract will be deemed to create a partnership or joint venture between the Owner and Contractor or cause the Owner to be responsible for the debts or obligations of Contractor or any other party. Contractor must not represent to anyone that its relationship to the Owner is other than as the Owner’s Contractor. Contractor must act as an independent agent and not as the agent of the Owner in performing this Contract and shall maintain complete control over its employees and all of its lower-tier suppliers and subcontractors. Nothing contained in this Contract or any lower tier purchase order or subcontract awarded by Contractor will create any contractual relationship between any lower-tier supplier or subcontractor and the Owner. No act or direction of the Owner shall be deemed to be the exercise of supervision or control of the Contractor’s performance hereunder. 16.11 Waiver The failure of the Owner to seek redress for any violation of or to insist upon the strict performance of, any term of this Contract will not prevent a subsequent violation of this Contract from being actionable by the Owner. The provision in this Contract of any particular remedy will not preclude the Owner from any other remedy. 16.12 Compliance with Applicable Laws and Regulations Contractor covenants and agrees that it, its agents and employees shall comply with all Georgia, county, state, and federal laws, Airport Rules and Regulations, and Augusta, Georgia Ordinances applicable to the work to be performed under this Contract, and that it shall obtain all necessary permits, pay all license fees and taxes to comply therewith. Further, Contractor agrees that it, its agents, and employees will abide by all rules, regulations, and policies of Airport during the term of this Contract, including any renewal periods. Hangar N1 Ramp and Taxilane Issued for Construction Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-0011-045-2020 June 30, 2022 CF-26 16.13 Patent Indemnity Except as otherwise provided, the Contractor shall indemnify Augusta, Georgia and its Board of Commissioners, officers, agents and employees against liability, including costs and expenses for infringement upon any letters or patent of the United States arising out of the performance of this Contract or out of the use or disposal by or for the account of the Owner of supplies furnished or construction work performed hereunder. 16.14 Use of Augusta, Georgia Landfill Contractor shall dispose of all debris and trash from the Airport will be transported to and disposed of at the Augusta, Georgia Solid Waste Landfill in accordance with local and state regulations. The Contractor shall provide evidence of proper disposal through manifests, which shall include the types of material disposed of, the name and location of the disposal facility, date of disposal and all related fees. 16.15 Inspection The Owner may, at reasonable times, inspect the part of the plant, place of business, or work site of a contractor or subcontractor or subunit thereof which is pertinent to the performance of the contract. 16.16 Temporary Suspension or Delay of Performance of Contract To the extent that it does not alter the scope of this Contract the Owner may unilaterally order a temporary stopping of the work or delaying of the work to be performed by the Contractor under this Contact. 16.17 Entire Agreement This Contract, together with all of the attachments shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Contract shall not be binding upon either party except to the extent incorporated in this Contract. Hangar N1 Ramp and Taxilane Issued for Construction Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-0011-045-2020 June 30, 2022 CF-27 16.18 Governing Law This Contract will be construed under Georgia law, including the Georgia Uniform Commercial Code; all remedies available under that code are applicable to this Contract. Contractor and the Owner fix jurisdiction and venue for any action brought with respect to this Contract in Augusta, Georgia. 16.19 Legal Construction If any provision contained in this Contract is held to be invalid, illegal or unenforceable, that invalidity, illegality or unenforceability will not affect any other provision of this Contract and this Contract will be construed as if the invalid, illegal or unenforceable provision had never been contained in this Contract. 16.20 Prior Contracts Superseded This Contract and the attachments constitute the sole and only agreement between Contractor and Owner with respect to the subject matter of this Contract and supersede any prior understandings or written or oral contracts respecting the subject matter of this Contract. 16.21 Counterparts This Contract may be executed concurrently in one or more counterparts, each of which will be deemed an original, but all of which will together constitute one (1) Contract. 16.22 Further Acts Owner and Contractor each agrees to perform any additional acts and execute and deliver any additional documents as may reasonably be necessary in order to carry out the provisions and affect the intent of this Contract. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their appropriate officials, as of the date first written above. [SIGNATURES ON THE FOLLOWING PAGE] Hangar N1 Ramp and Taxilane Issued for Construction Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-0011-045-2020 June 30, 2022 CF-28 AUGUSTA, GEORGIA ____________________________ Hardie Davis, Jr. Mayor Attest: ___________________________ Lena J. Bonner, Clerk of Commission AUGUSTA AVIATION COMMISSION _________________________ James Germany, Aviation Commission Chair Attest: ____________________________ Dereena Harris, Clerk of Augusta Aviation Commission CONTRACTOR _________________________ Sworn to and subscribed before me this ____ day of ___________, 202_. ______________________________ Notary Public My commission expires: ____________ (NOTARIAL SEAL) Public Service Committee Meeting 8/30/2022 1:00 PM ITB 22-181A Contract between the Augusta Regional Airport and Independence Excavating, Inc. for the Hangar N1 Taxilane and Ramp Construction Project Department:Augusta Regional Airport Presenter:Herbert Judon Caption:Motion to approve contract between the Augusta Regional Airport and Independence Excavating, Inc. for the Hangar N1 Taxilane and Ramp Construction Project in the amount of $4,892,410.00. Approved by the Augusta Aviation Commission on July 28, 2022 - ITB 22-181A. Background:The pavement area being constructed in this project is proposed to open the northwest portion of the airfield up for future development including hangar design and construction for based and transient aircraft as well as providing additional ramp space for the Airport’s use during heavy traffic times, such as The Master’s golf tournament. This Project’s Base Bid consists of the removal of approximately 1,400 square yards of asphalt pavement, the construction of approximately 13,200 square yards of new cement concrete pavement, construction of 450 linear feet of elliptical storm drain, as well as new electrical elements and pavement markings. Analysis:Staff has provided a Recommendation of Award to the Airport to approve a contract to Independence Excavating, Inc. for the purpose of Constructing the New Hangar N1 Apron and associated connector taxilane. Based on these reviews, Staff recommends awarding the contract to Independence Excavating, Inc. in the amount of $4,892,410.00. Independence Excavating’s unit prices for each of the items and the overall Base Bid amount are in line with the overall current costs in the region along with the volatile market. Financial Impact:This project will be fully funded by a portion of the 2020 Coronavirus Aid, Relief, and Economic Security (CARES) Act Grant. Alternatives:To deny. Recommendation:Recommend Approval. Approved by the Augusta Aviation Commission on July 28, 2022. Funds are Available in the Following Accounts: 551081118-5412110 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-7 CONTRACT THIS CONTRACT made and entered into to be effective ____________, 2022 by and between, AUGUSTA GEORGIA, “Augusta,” a political subdivision of the State of Georgia, acting through the AUGUSTA AVIATION COMMISSION, whose address is 1501 Aviation Way, Augusta Regional Airport at Bush Field, Augusta, Georgia 30906-9600, hereinafter called “Airport”, and ER Snell Contractor, Inc., hereinafter called “Contractor”. WITNESSETH: WHEREAS, Augusta is the owner and operator of a full-service commercial airport known as the Augusta Regional Airport; WHEREAS, Augusta has solicited a bid to Rehabilitate the Standard Aero Ramp for the Airport; WHEREAS, the Contractor submitted a bid for said services; and WHEREAS, Augusta, on behalf of the Airport, accepted the Contractor’s Bid for said services; NOW THEREFORE, in consideration of the mutual covenants, promises, and agreements herein contained, Augusta and the Contractor hereby agree as follows: The Contractor’s Services shall be in accordance with the scope of services and all provisions provided herein. ARTICLE 1 SCOPE OF THE WORK 1.1 The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the Plans and described in the specifications for the Project entitled: AUGUSTA REGIONAL AIRPORT REHABILITATION OF THE STANDARD AERO RAMP – BASE BID and in accordance with the requirements and provisions of the Contract Documents as defined in the Provisions hereto attached which are hereby incorporated and made a part of this contract. 1.2 Definitions The following terms have the following meanings whenever used in the Contract Documents (defined below), or in related documents, the terms or pronouns used in place of them shall be defined as follows: 1.2.1 Airport Executive Director. The person tasked with the day-to-day operations of the Airport. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-8 1.2.2 Augusta Aviation Commission. The Augusta Regional Airport Aviation Commission tasked with the overall administration of the Airport. 1.2.3 Augusta, Georgia or City or Owner. Augusta, Georgia’s Commission. 1.2.4 Engineer. The Work has been designed by Mead & Hunt, Inc., whose corporate headquarters is located at 2240 Deming Way, Middleton, WI 53562, who is hereinafter called Engineer and who is to assume all duties and responsibilities and have the rights and authority assigned to Engineer in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. 1.2.5 Project. Augusta Regional Airport Rehabilitation of the Standard Aero Ramp, including, but not limited to, the removal of approximately 12,000 square yards of asphalt pavement, the construction of approximately 1,500 tons of asphalt concrete pavement, 575 linear feet of new 6” water line and a new fire hydrant, along with new pavement markings and site improvements. 1.2.6 Airport’s Administrator. Airport’s Representative shall be the Airport’s Executive Director or his designee. 1.2.7 Contractor’s Representative(s). The Contractor’s representative (“Contractor’s Representative”) for all dealings with Airport shall be _________________. Contractor’s Representative may be changed upon prior written notice delivered to Owner. 1.3 Subject to controlling law, the Owner will refuse to permit the Contractor to use any employee on this job if the Owner reasonably deems that individual unfit to work at the Airport facilities in any respect. 1.4 All Contractor employees shall strictly adhere to Airport regulations while on the Airport premises, including but not limited to Augusta, Georgia, County, and Transportation Security Authority (TSA) and Federal Aviation Administration (FAA) regulations governing access to buildings, personal conduct, and possession of prescribed substances, parking, and traffic. The Owner reserves the right to require the removal of Contractor employees from the Project. 1.5 Design, Standards and Practices. The design, strength, quality of materials and workmanship must conform to the highest standards of construction practices and/or services. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-9 ARTICLE II TERM 2.1 The Contractor must begin work within ten (10) calendar days of receiving the Notice to Proceed (NTP) from the Owner. It is anticipated the NTP will be issued __________. The Contractor will mobilize with sufficient forces such that all work is completed within one hundred sixty-five (165) calendar days after the issuance of the NTP. Contract time charges will begin as set forth in Section 80 of the General Provisions 2.2 Contractor working times shall be as designated on the Construction Safety & Phasing Plan sheets in the Construction Drawings. At the Owner’s discretion, work times may be further restricted. 2.3 For additional details please review Section 80 of the attached Specifications. 2.4 It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that the date of beginning, rate of progress and the time for completion of the work to be done hereunder are ESSENTIAL CONDITIONS of this Contract. Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed by and between the Contractor and the Owner, that the time for the completion of the work described herein is a reasonable time for the completion of the same, taking into consideration the average climatic range and construction conditions prevailing in this locality. 2.5 It is further agreed that time is of the essence of each and every portion of this Contract and the specifications wherein a definite portion and certain length of time is fixed for the performance of any act whatsoever; and where under the Contract an additional time is allowed for the completion of any work, the new time limit fixed by extension shall be the essence of the Contract. ARTICLE III LIQUIDATED DAMAGES 3.1 The Contractor acknowledges that time is of the essence with respect to the Work governed by the Contract. The Contractor acknowledges and recognizes that if it fails to achieve Substantial Completion of any portion of the Work within the Contract Time as may be extended in accordance with the terms of this Contract, the Owner will sustain substantial losses as a result of such failure. The Contractor further acknowledges that the Owner will suffer damages that are difficult, if not impossible, to accurately estimate. The Contractor shall be assessed liquidated damages as set forth in Section 80, Execution and Progress, subsection 80-08. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-10 ARTICLE IV PAYMENT 4.1 The Contract Sum The Owner shall pay to the Contractor for completion of the Work in strict accordance with the Contract Documents, and in accordance with the unit bid prices submitted on June 30, 2022, with a contract price of $2,102,033.60. 4.2 Progress Payments 4.2.1 Contractor shall submit Applications for Payment in accordance with Section 90 of the General Provisions but in no case shall submit Applications for Payment more than once per month. Application for Payment will be processed by Engineer as provided in the General Provisions. 4.2.2 Progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as Engineer shall determine, or Owner may withhold, in accordance with Section 90 of the General Provisions. 1) 90% of Work completed as determined by Engineer. 2) 90% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to Owner as provided in paragraph 90-07 of the General Provisions. 4.2.3 Within ten (10) business days of receiving each Application for Payment, the Engineer shall either indicate in writing a recommendation of payment and present the application to the Owner, or return the Application to the Contractor indicating in writing necessary corrections. In the latter case, the Contractor shall make the corrections and resubmit the application. 4.3 Invoices. Contractor shall submit invoices to: Mead & Hunt, Inc. Attn: Edwin Scott 5955 Core Road, Suite 515 North Charleston, SC 29406 Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-11 4.4 Retainage and Partial Payments. If payment request is approved by the Owner, the approved payment request shall be submitted to the Owner’s Finance Department for processing on or before the fifth day of the following month, and payment (less retainage) shall be made to the Contractor thirty (30) calendar days after the date the approved payment request is received by the Owner’s finance department. If a payment request is not approved by the Owner, then no payment shall be made to the Contractor until such time as the Owner approves the payment request. The amount of retainage shall be as follows: 4.4.1 Ten percent (10%) of each partial payment shall be withheld as retainage until the value of fifty percent (50%) of the Contract Price, including Change Orders and other authorized additions provided in the Contract, is due; 4.4.2 When fifty percent (50%) of the Contract Price, as described above, becomes due and the manner of completion of the Work and its progress, quality, schedule are reasonably satisfactory to the Owner, and there are no outstanding claims by the Contractor, subcontractors or material suppliers, the withholding of retainage shall be discontinued. 4.4.3 If after discontinuing retainage, the Owner determines that the Work is unsatisfactory or has fallen behind schedule, withholding of ten percent (10%) of each request for payment may be resumed. When the Work has reached Substantial Completion and the Owner determines the Work to be reasonably acceptable, the Contractor shall submit an invoice or other documents as may be required and receive payment thereof within thirty (30) calendar days. If there are any remaining incomplete minor items, an amount equal to two hundred percent (200%) of the value of each item, as determined by the Owner, shall be withheld until such items are complete; 4.4.4 The Contractor shall within ten (10) calendar days from its receipt of retainage from the Owner pass through payments to Subcontractors and shall reduce each Subcontractor’s retainage in the same manner as the Contractor’s retainage is reduced by the Owner. The Subcontractor shall within ten (10) calendar days from the Subcontractor’s receipt of retainage pass through payments to lower tier subcontractor’s and shall reduce each lower tier subcontractor’s retainage in the same manner as the Subcontractor’s retainage is reduced. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-12 4.4.5 The Contractor and Owner agree to abide by all applicable provisions of Georgia State Law concerning retainage, including but not limited to O.C.G.A. §13-10-80. If the terms of this Contract concerning retainage conflict with Georgia State Law, Georgia State Law shall govern. ARTICLE V FINAL INSPECTION 5.1 Upon notice from the Contractor that the Work is completed, the Owner shall make a Contractor during the course of final inspection of the Work and shall notify the Contractor of all instances where the Work fails to comply with the Drawings and Specifications, as well as any defects the Owner may discover. At no cost to the Owner, the Contractor shall immediately make such alterations as are necessary to bring the Work into compliance with the Contract, the Drawings, and Specifications. ARTICLE XI ACCEPTANCE AND FINAL PAYMENT 6.1 Final Payment. Upon final completion and acceptance of the Work in accordance with Section 50 of the General Provisions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said paragraph 90-09. 6.2 Before final payment is due the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with the work have been paid, except that in case of disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety bond satisfactory to the Owner guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. 6.3 The making and acceptance of the final payment shall constitute a waiver of all claims by the Owner other than those arising from unsettled liens, from faulty work appearing within twelve (12) months after final payment, from requirements of the specifications, or from manufacturers' guarantees. It shall also constitute a waiver of all claims by the Contractor except those previously made and still unsettled. 6.4 If after the Work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Engineer, so certifies, the Owner shall upon certificate Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-13 of the Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. ARTICLE VII CHANGES 7.1 The Owner may, during the Contract period, make changes to the Scope of Work, which may result in changes to the general scope of the Contract and its provisions. 7.2 Written/verbal agreements, changes, or amendments to this Contract shall not be binding upon the Owner unless approved and signed by the Owner in advance of performing work. 7.3 Contractor acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Augusta Aviation Commission or Augusta, Georgia Board of Commissioners and approval of the Mayor. Under Georgia law, Contractor is deemed to possess knowledge concerning Augusta, Georgia's ability to assume contractual obligations and the consequences of Contractor's provision of goods or services to Augusta, Georgia under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that the Contractor may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Contractor agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if the Contractor provides goods or services to Augusta, Georgia in excess of the any contractually authorized goods or services, as required by Augusta, Georgia's Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods or services provided by Contractor. Contractor assumes all risk of non-payment for the provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized, including, without limitation, all remedies at law or equity. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-14 ARTICLE VIII INSURANCE 8.1 During the term of this Contract, Contractor shall provide, pay for, and maintain with companies reasonably satisfactory to the Owner the types of insurance as set forth in the Augusta Code, and Georgia Law as the same may be amended from time to time, and as described herein. All insurance shall be issued by insurance companies eligible to do business in the State of Georgia and Best Rated A+ or equivalent. In the event of a conflict between the provisions of the Augusta Code and this Contract, the more stringent requirement shall govern. In no event shall Contractor maintain any insurance less than the requirements set forth in the Augusta Code, as amended. 8.2 All liability policies of Contractor and its subcontractors shall provide coverage that includes, or has the same substantive effect as the following: 8.2.1 Augusta, Georgia, the Augusta Aviation Commission, and each of its Commissioners, officers, agents, elected representatives, volunteers, and employees, in their respective capacities as such, shall be additional insured hereunder with respect to the products, premises, and operations of the named insured. 8.2.2 This insurance policy shall apply as primary, and any insurance and/or self-insurance as may be maintained by the Augusta, the Augusta Aviation Commission, or its Commissioners, officers, agents, elected representatives, volunteers, and employees shall apply in excess of, and shall not contribute with insurance provided by this policy.” 8.2.3 This insurance shall not be materially changed, altered, canceled, or non-renewed until after thirty (30) calendar days advanced written notice has been given to Augusta, Georgia except that only ten (10) calendar days’ notice shall be required in the event of cancellation due to non-payment of premium. 8.3 All such evidence of insurance shall be in the form of certificates of insurance satisfactory to the Augusta and its Risk Manager, accompanied by a certified true copy of an endorsement to each policy containing the above language. Properly executed certificates of insurance shall evidence the insurance coverage and limits required. The authorized representative of the insurance company shown on the certificate shall sign these certificates. The required policies of insurance shall comply with the laws of the State of Georgia. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-15 8.4 If at any time the Executive Director requests a written statement from the insurance company as to any impairment to the aggregate limit, Contractor shall promptly authorize and have delivered such statement to the Augusta Aviation Commission. Contractor authorizes the Augusta Aviation Commission and/or the Augusta’s Risk Manager to confirm with Contractor’s insurance agents, brokers, and insurance companies all information furnished. 8.5 The acceptance of delivery to the Owner of any certificate of insurance evidencing the insurance coverage and limits required under this Contract does not constitute approval or acceptance by the Owner that the insurance requirements in this Contract have been met. No operations shall commence at the Airport unless and until the required certificates of insurance are in effect and approved by the Augusta’s Risk Manager. 8.6 The Contractor and the Owner understand, and agree that the minimum limits of the insurance herein required may, from time to time, become inadequate, and Contractor agrees that it will increase such minimum limits upon receipt of written notice defining the basis of the increase. The Contractor shall furnish the Owner, within sixty (60) calendar days of the effective date thereof, a certificate of insurance evidencing that such insurance is in force. 8.7 Contractor’s insurance companies or its authorized representative shall give the Owner thirty (30) calendar days prior written notice of any cancellation, intent not to renew, or material reduction in any policy’s coverage, except in the application of the Aggregate Limit Provisions. In the event of a reduction to the Aggregate Limit, it is agreed that immediate steps will be taken to have the prior Aggregate Limit reinstated. 8.8 If at any time, the Airport Executive Director requests a written statement from the insurance companies as to any impairment(s) to the Aggregate Limit, prompt authorization and delivery of all requested information will be given to the Augusta Aviation Commission. Renewal Certificates of Insurance must be provided to the Owner as soon as practical but in every instance prior to expiration of current coverage. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-16 8.9 The amounts and types of insurance shall conform to the following minimum requirements with the use of Insurance Service Office policies, forms, and endorsements or broader, where applicable. Notwithstanding the foregoing, the wording of all policies, forms, and endorsements must be reasonably acceptable to the Owner. 8.10 Workers’ Compensation and Employer’s Liability Insurance shall be maintained in force by Contractor during the term of this Contract for all employees engaged in the operations under this Contract. The limits of coverage shall not be less than: Workers’ Compensation Georgia Statutory Employer’s Liability $1,000,000.00 Limit Each Accident $1,000,000.00 Limit Disease Aggregate $1,000,000.00 Limit Disease Each Employee 8.11 Commercial General Liability – Occurrence Form. Policy shall include bodily injury, property damage, personal injury and broad form contractual liability coverage with limits no less than five million dollars ($5,000,000.00) in Broad Form Comprehensive General Liability insurance. 8.12 Automobile Liability Insurance. For any vehicles authorized in writing by the Executive Director to operate on the Aircraft Operating Area (AOA) of the Airport, Automobile Insurance in the minimum amount of Five Million Dollars ($5,000,000.00) combined single limit coverage. If the Contractor's Comprehensive General Liability coverage includes vehicular operations on the Airport, separate automobile insurance shall not be required. The foregoing insurance shall be endorsed to state that it will be primary to the Augusta, Georgia and the Augusta Aviation Commission's insurance and that the carrier waives its right of subrogation against Augusta, Georgia, the Augusta Aviation Commission, and their officers, agents, elected and appointed officials, representatives, volunteers, and employees. Augusta, Georgia, the Augusta Aviation Commission, and their officers, agents, employees, elected and appointed officials shall be added as additional insureds on said policies. Said policy shall contain Severability of Interest Clause and shall include contractual liability coverage at least as broad as that given in the most current CA 00 01 ISO form. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-17 8.13 Excess Liability: $2,000,000.00 Policy must follow form of General Liability Policy and all insurance together for general liability must total at least a minimum of two million dollars ($2,000,000.00). Any form of underlying and excess policies may satisfy such requirement. 8.14 The Commercial General Liability Insurance coverage as required in the paragraph above shall include those classifications, as listed in Standard Liability Insurance Manuals, which are applicable to the operations of the Contractor in the performance of this Contract. 8.15 Within sixty (60) calendar days of the effective date thereof or any subsequent term, Contractor shall provide Owner with certificate(s) of insurance evidencing that such insurance as described herein be in force. Insurance binder letter(s) or a Certificate(s) of Insurance as described above must be sent to the address below with a copy to the Owner: Augusta, Georgia Risk Management 535 Telfair Street Suite 920 Augusta, GA 30901 (706) 821-2502 (Fax) 8.16 Subcontractors. It is the sole responsibility of the general Contractor to ensure that all subcontractors working under it have separately procured any and all types and limits of insurance that are required under any and all pertinent local, state, or federal ordinances or resolutions that are suitable for the particular trade that the subcontractor is performing. It is also the sole responsibility of the general and/or prime Contractor to ensure that any and all subcontractors or vendors carry types and limits of insurance not less than those listed herein and that the subcontractors and/or vendors carry and/or procure endorsements to waive all subrogation rights against and name “Augusta, Georgia, its appointed and elected Officials, departments, agencies, boards, commissions, its officers, agents, employees and volunteers” as additional insureds. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-18 ARTICLE IX AIRPORT SECURITY REQUIREMENTS 9.1 Contractor’s employees shall be required to operate in Airport’s secure areas. Contractor shall be required to obtain the Airport’s Security Identification Display Area (SIDA) badges for any employee working in the secured area. Contractor shall comply, at its own expense, with the Transportation Security Administration (TSA) and the Owner’s security requirements for the Airport including, but not limited to employee training and badges. Contractor shall cooperate with the TSA and the Owner on all security matters and shall promptly comply with any project security arrangements established by the Owner. Compliance with such security requirements shall not relieve Contractor of its responsibility for maintaining proper security for the above-noted items, nor shall it be construed as limiting in any manner Contractor’s obligation with respect to all applicable federal, state and local laws and regulations and its duty to undertake reasonable action to establish and maintain secure conditions at and around the Project and throughout the Airport. All employees shall be properly badged and comply with all Owner’s safety and security rules. 9.2 Any Contractor employees assigned to work in a secured area are required to be “badged” or a “badged” Contractor employee must escort them the entire time they are in these secured areas. 9.3 To qualify for the badge, individual must be fingerprinted and have a background investigation completed. In addition, the Owner will conduct a background inquiry and require finger printing of all individuals who will be working on the secured side of the Airport screening point. This may also include collection of appropriate criminal history information, contractual and business associations and practices, employment histories, reputation in the business community and credit reports for the Contractor, as well as, its employees. 9.4 Contractor consents to such an inquiry and agrees to make available to the Owner such books and records the Owner deems necessary to conduct the review. 9.5 Contractor shall pay all costs associated with providing SIDA badges. 9.6 Contractor shall be responsible for any fines assessed by the FAA or TSA as a result of the actions of its employees or subcontractors. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-19 ARTICLE X REPRESENTATIONS AND WARRANTIES In order to induce the Owner to enter into this Contract, Contractor hereby represents and warrants that as of the date above written that: 10.1 Contractor is duly organized and validly existing in good standing under the laws of the State of Georgia in which it is organized, is qualified to do business in all jurisdictions in which it is operating, and has the power and authority to execute and deliver and to perform its obligations under this Contract and the documents to which it is signatory; and 10.2 The execution, delivery and performance by Contractor and its undersigned representative(s) of this Contract and other documents to which Contractor is a signatory do not require the approval or consent of any other person, entity or government agency and do not result in any breach of any agreement to which Contractor is a party or by which it is bound; and 10.3 The execution, delivery and performance by Contractor of this Contract and other documents to which it is a signatory have been duly authorized by all necessary action, and constitute legal, valid and binding obligations of Contractor, enforceable against Contractor in accordance with its terms; and 10.4 No action, suit or proceeding to which Contractor is a party is pending or threatened that may restrain or question this Contract, or any other document to which it is a signatory, or the enjoyment of rights or benefits contemplated herein; and 10.5 Contractor has all State of Georgia Licenses and permits required for the performance of the Work and shall only use properly licensed and trained persons to perform such services. ARTICLE XI NOTICES 11.1 Delivery. All notices given by either party to the other under this Contract must be in writing and delivered by: (i) regular mail, postage prepaid; (ii) certified or registered mail; (iii) facsimile; or (iv) hand - delivery, to the parties at the addresses and facsimile numbers set forth in the Clause titled “Addresses”. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-20 11.2 Receipt. Notices sent by mail will be deemed to be received upon deposit in the mail, properly addressed. Notices sent by certified or registered mail will be deemed to be received upon the date of the acknowledgment. Notices sent by facsimile will be deemed to be received upon successful transmission to the proper facsimile number. Notices delivered by hand- delivery will be deemed to be received upon acceptance by the respective party or its agent. 11.3 Change of Address or Facsimile Number. Either party may, at any time, change its respective address or facsimile number by sending written notice to the other party of the change. 11.4 Addresses. To OWNER: To CONTRACTOR: Augusta Regional Airport Attn: Executive Director Attn: 1501 Aviation Way Augusta, Georgia 30906 Telephone: (706) 798-3236 Telephone: Fax: (706) 798-1551 Fax: With a copy to: Augusta General Counsel Augusta Richmond County Department of Law 535 Telfair St. Building 3000 Augusta, GA 30901 Fax: (706) 842-5556 ARTICLE XII INDEMNIFICATION AND HOLD HARMLESS 12.1 Except where, and to the extent caused by the gross negligence of Augusta, Georgia, the Augusta Aviation Commission, their agents, employees, contractors, officers or, Contractor shall protect, defend, reimburse, indemnify, and hold Augusta, Georgia, the Augusta Aviation Commission, its members, agents, employees, and elected officers and each of them, free and harmless at all times as set forth in Augusta, Georgia Code, and particularly Article 1, Chapter 3, Division 1, Section 1-3-8.5, Indemnity and Insurance, as the same may be amended from time to time, and described herein. In the event of a conflict between the provisions of the Augusta Code and this Contract, the broader requirement shall govern. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-21 ARTICLE XIII PERMITS 13.1 Contractor shall obtain and maintain at all times all necessary licenses, permits and certifications to perform the work described in the Contract. Contractor shall furnish copies of all licenses, permits, and certifications to the Administrator. ARTICLE XIV WORK PERMITS REQUIRED 14.1 Contractor agrees and acknowledges that its employees and agent’s employees, as well as any subcontractors or subcontractors’ personnel, working on the Contract must be United States citizens, or must be lawfully admitted for residence and be permitted to work in the United States under the Immigration and Naturalization Act, 8 U.S.C. 1101, et. seq. ARTICLE XV FEDERAL WORK AUTHORIZATION 15.1 Pursuant to O.C.G.A. §13-10-91 and Georgia Department of Labor Rule 300-10-1-.02, the Owner cannot enter a contract for the physical performance of services unless the Contractor and its Subcontractors register and participate in the Federal Work Authorization Program to verify specific information on all new employees. 15.2 The Contractor certifies that it has complied and will continue to comply with O.C.G.A. §13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. 15.3 The Contractor agrees to sign an affidavit evidencing its compliance with O.C.G.A. §13- 10-91 and Georgia Department of Labor Rule 300-10-1-.02. The signed affidavit is attached to this Contract as an exhibit 15.4 The Contractor agrees that in the event that it employs or contracts with any Subcontractor(s) in connection with this Contract, the Contractor will secure from each Subcontractor an affidavit that indicates the employee-number category applicable to that Subcontractor and certifies the Subcontractor’s current and continuing compliance with O.C.G.A. §13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. Any signed Subcontractor affidavit(s) obtained in connection with this Contract shall be attached hereto as an exhibit. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-22 ARTICLE XVI MISCELLANEOUS CONTRACT PROVISIONS 16.1 Independent Contractor/Subcontractor Contractor is acting, in performance of this Contract, as an independent contractor. Personnel supplied by the Contractor or its agents or subcontractors hereunder are not the Owner’s employees or agents and Contractor assumes full responsibility for their acts. Contractor shall be solely responsible for the payment of compensation to Contractor’s employees. The Owner shall not be responsible for payment of Worker’s Compensation, disability benefits, and unemployment insurance or for withholding and paying employment taxes for any Contractor employee, or Contractor’s subcontractors or its agent’s employees, but such responsibility shall be solely that of Contractor. This clause of the contract does not prevent the Airport from requiring Contractor to have its employees follow normal rules and guidelines for work performance, redirecting the efforts of the employees to meet the needs of the facilities, performing safety or from requiring Contractor to perform the requirements of this Contract satisfactorily, according to the General Conditions, Scope of Services, Performance Work Statement, Service Performance Standards and Methods described herein. 16.2 Force Majeure 16.2.1 Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of any such obligation, except the payment of money, is prevented or delayed by any cause, existing or future, which is beyond the reasonable control of the affected party, or by a strike, lockout or other labor difficulty, the settlement of which shall be within the sole discretion of the party involved. 16.2.2 Each party hereto shall give notice promptly to the other of the nature and extent of any Force Majeure claimed to delay, hinder or prevent performance of the services under this Contract. In the event either party is prevented or delayed in the performance of this obligation because of such Force Majeure, there shall be an equitable adjustment of the schedule. In the event there is a fluctuation in the costs or price associated with the project due to occurrence of a force majeure event, such price differential shall be borne by the party claiming the force majeure delay. However, if the party claiming the delay can show good faith efforts to mitigate the costs and demonstrates that the party’s action, inaction, or omission did not contribute Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-23 to the price or costs fluctuation, said increased costs shall be borne equally by both parties. 16.2.3 Contractor will not be liable for failure to perform or for delay in performance because of Force Majeure, including the following: 16.2.3.1 any cause beyond its reasonable control; 16.2.3.2 any act of God; 16.2.3.3 inclement weather; 16.2.3.4 earthquake; 16.2.3.5 fire; 16.2.3.6 explosion; 16.2.3.7 flood; 16.2.3.8 strike or other labor dispute; 16.2.3.9 any shortage or disruption of or inability to obtain labor, material, manufacturing facilities, power, fuel or transportation from unusual sources, or any other; 16.2.3.10 delay or failure to act of any governmental or military authority; 16.2.3.11 any war, hostility or invasion; 16.2.3.12 any embargo, sabotage, civil disturbance, riot or insurrection; 16.2.3.13 any legal proceedings; or 16.2.3.14 failure to act by Contractor’s suppliers due to any cause which Contractor is not responsible, in whole or in part. 16.2.3.15 any disease, epidemic, or pandemic 16.3 Commercial Activities Neither Contractor nor its employees may establish any commercial activity or issue concessions or permits of any kind to third parties for establishing activities at the Airport. 16.4 Records and Audit Contractor and its subcontractors shall maintain records and accounts in connection with all aspects in the performance of this Contract, including those, which will accurately document incurred costs, both direct and indirect, of whatever nature, during and for a period of three (3) years from the expiration or other termination of this Contract, unless otherwise specified by applicable law. The Owner may examine and copy, at all reasonable times, with advance notification, those records and accounts. Contractor shall maintain all records in a central location in Augusta, Georgia. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-24 16.5 Contingent Fees Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Contract; and that Contractor has not paid or agreed to pay any company, association, corporation, firm or person, other than a bona fide employee working for Contractor, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Contract. For the breach or violation of this warranty and upon a finding after notice and hearing, the Owner may terminate the Contract and, at its discretion, may deduct from the Contract sum, or otherwise recover the full amount of any such fee, commission, percentage, gift or consideration. 16.6 Rights and Remedies The rights and remedies of the Owner provided in this paragraph are not exclusive and are in addition to any other rights and remedies provided by law or under this Contract. 16.7 Non-Appropriations Notwithstanding anything contained in this Contract, if sufficient funds have not been appropriated to support continuation of this Contract for an additional calendar year or an additional term of the Contract, this Contract shall terminate absolutely and without further obligation on the part of the Owner at the close of the calendar year of its execution or if the Owner suspends performance pending the appropriation of funds. 16.8 Assignment Without the prior written consent of the Owner, Contractor may not assign, transfer or convey any of its interests under this Contract, nor delegate any of its obligations or duties under this Contract except as provided herein. 16.8.1 Consent of the Owner Required. Any assignment of this Contract or rights under this Contract, in whole or part, without the prior written consent of the Owner will be void, except that, upon ten-(10) calendar days prior written notice to the Owner, Contractor may assign monies due or to become due under this Contract. Any assignment of monies will be subject to proper setoffs in favor of the Owner and to any deductions provided for in this Contract. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-25 16.8.2 No Relief of Responsibilities. No assignment will be approved which would relieve Contractor of its responsibilities under this Contract. 16.9 Parties Bound. This Contract will be binding upon and inure to the benefit of the Owner and Contractor and their respective successors and assigns. 16.10 No Partnership or Joint Venture. Nothing contained in this Contract will be deemed to create a partnership or joint venture between the Owner and Contractor or cause the Owner to be responsible for the debts or obligations of Contractor or any other party. Contractor must not represent to anyone that its relationship to the Owner is other than as the Owner’s Contractor. Contractor must act as an independent agent and not as the agent of the Owner in performing this Contract and shall maintain complete control over its employees and all of its lower-tier suppliers and subcontractors. Nothing contained in this Contract or any lower tier purchase order or subcontract awarded by Contractor will create any contractual relationship between any lower-tier supplier or subcontractor and the Owner. No act or direction of the Owner shall be deemed to be the exercise of supervision or control of the Contractor’s performance hereunder. 16.11 Waiver The failure of the Owner to seek redress for any violation of or to insist upon the strict performance of, any term of this Contract will not prevent a subsequent violation of this Contract from being actionable by the Owner. The provision in this Contract of any particular remedy will not preclude the Owner from any other remedy. 16.12 Compliance with Applicable Laws and Regulations Contractor covenants and agrees that it, its agents and employees shall comply with all Georgia, county, state, and federal laws, Airport Rules and Regulations, and Augusta, Georgia Ordinances applicable to the work to be performed under this Contract, and that it shall obtain all necessary permits, pay all license fees and taxes to comply therewith. Further, Contractor agrees that it, its agents, and employees will abide by all rules, regulations, and policies of Airport during the term of this Contract, including any renewal periods. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-26 16.13 Patent Indemnity Except as otherwise provided, the Contractor shall indemnify Augusta, Georgia and its Board of Commissioners, officers, agents and employees against liability, including costs and expenses for infringement upon any letters or patent of the United States arising out of the performance of this Contract or out of the use or disposal by or for the account of the Owner of supplies furnished or construction work performed hereunder. 16.14 Use of Augusta, Georgia Landfill Contractor shall dispose of all debris and trash from the Airport will be transported to and disposed of at the Augusta, Georgia Solid Waste Landfill in accordance with local and state regulations. The Contractor shall provide evidence of proper disposal through manifests, which shall include the types of material disposed of, the name and location of the disposal facility, date of disposal and all related fees. 16.15 Inspection The Owner may, at reasonable times, inspect the part of the plant, place of business, or work site of a contractor or subcontractor or subunit thereof which is pertinent to the performance of the contract. 16.16 Temporary Suspension or Delay of Performance of Contract To the extent that it does not alter the scope of this Contract the Owner may unilaterally order a temporary stopping of the work, or delaying of the work to be performed by the Contractor under this Contact. 16.17 Entire Agreement This Contract, together with all of the attachments shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Contract shall not be binding upon either party except to the extent incorporated in this Contract. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-27 16.18 Governing Law This Contract will be construed under Georgia law, including the Georgia Uniform Commercial Code; all remedies available under that code are applicable to this Contract. Contractor and the Owner fix jurisdiction and venue for any action brought with respect to this Contract in Augusta, Georgia. 16.19 Legal Construction If any provision contained in this Contract is held to be invalid, illegal or unenforceable, that invalidity, illegality or unenforceability will not affect any other provision of this Contract and this Contract will be construed as if the invalid, illegal or unenforceable provision had never been contained in this Contract. 16.20 Prior Contracts Superseded This Contract and the attachments constitute the sole and only agreement between Contractor and Owner with respect to the subject matter of this Contract and supersede any prior understandings or written or oral contracts respecting the subject matter of this Contract. 16.21 Counterparts This Contract may be executed concurrently in one or more counterparts, each of which will be deemed an original, but all of which will together constitute one (1) Contract. 16.22 Further Acts Owner and Contractor each agrees to perform any additional acts and execute and deliver any additional documents as may reasonably be necessary in order to carry out the provisions and affect the intent of this Contract. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their appropriate officials, as of the date first written above. [SIGNATURES ON THE FOLLOWING PAGE] Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-28 AUGUSTA, GEORGIA ____________________________________________________ Hardie Davis, Jr. Mayor Attest: ______________________________________________ Lena J. Bonner, Clerk of Commission AUGUSTA AVIATION COMMISSION _________________________________________________ James Germany, Aviation Commission Chair Attest: ___________________________________________ Dereena Harris, Clerk of Augusta Aviation Commission CONTRACTOR _________________________ Sworn to and subscribed before me this ____ day of ___________, 202_. ______________________________ Notary Public My commission expires: ____________ (NOTARIAL SEAL) Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-1 NOTICE OF AWARD TO: ER SNELL CONTRACTOR, INC. PROJECT: AUGUSTA REGIONAL AIRPORT REHABILITATION OF THE STANDARD AERO RAMP – BASE BID The Owner has considered the bid submitted by you for the above described WORK in response to its Advertisement for Bids and Information for Bidders. You are hereby notified that your bid has been accepted for items in the amount of $2,102,033.60. You are required by the Invitation to Bid to execute the Contract and furnish the required Contractor's Performance and Payment Bonds within fifteen (15) calendar days from the date of this Notice to you. If you fail to execute said Contract and to furnish said bonds within fifteen (15) days from the date of this Notice, said Owner will be entitled to consider all rights arising out of the Owner’s acceptance of your bid as abandoned and as a forfeiture of your Bid Bond. The Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE OF AWARD to the Owner. Dated this ____ day of ________, 202_ . AUGUSTA REGIONAL AIRPORT BY: TITLE: *** ACCEPTANCE OF NOTICE *** Receipt of the above NOTICE OF AWARD is hereby acknowledged by ______________________________ this the __________ day of ____________, 20_______. BY:__________________________________________ TITLE:_______________________________________ Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-2 PERFORMANCE BOND (NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH PAYMENT BOND, IN FAVOR OF THE OWNER CONDITIONED FOR THE PAYMENT OF LABOR AND MATERIAL.) KNOW ALL MEN BY THESE PRESENTS: That as Principal, hereinafter called CONTRACTOR, and , a corporation organized and existing under the laws of the State of , with its principal office in the City of __________________, State of _________________, as Surety, hereinafter called SURETY, are held and firmly bound unto AUGUSTA, GEORGIA BY AND THROUGH THE AUGUSTA-RICHMOND COUNTY COMMISSION as Obligee, hereinafter called the OWNER, in the penal amount of Dollars ($_____________) for the payment whereof CONTRACTOR and SURETY bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents for the faithful performance of a certain written agreement. WHEREAS, CONTRACTOR has by said written agreement dated __________ entered into a Contract with OWNER for the construction of AUGUSTA REGIONAL AIRPORT REHABILITATION OF THE STANDARD AERO RAMP – BASE BID , Augusta, Georgia, in accordance with the drawings and specifications issued by the Augusta Aviation Commission and the Augusta-Richmond County Commission, which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, the condition of this obligation is such that, if CONTRACTOR shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The SURETY hereby waives notice of any alteration or extension of time made by the OWNER. Whenever CONTRACTOR shall be, and declared by OWNER to be in default under the Contract, the OWNER having performed OWNER's obligations thereunder, the SURETY may promptly remedy the default, or shall promptly (1) Complete the Contract in accordance with its terms and conditions, or (2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by SURETY of the lowest responsive and responsible bidder, or, if the OWNER elects, upon determination by the OWNER and the SURETY jointly of the lowest responsive and responsible bidder, arrange for a contract between such bidder and OWNER, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract price; but not exceeding, including other costs and damages for which the SURETY may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract price," as used in this paragraph, shall mean the total amount payable by OWNER to CONTRACTOR under the Contract and any amendments thereto, less the amount properly paid by OWNER to CONTRACTOR. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-3 Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the OWNER named herein or the heirs, executors, administrators or successors of the OWNER. Signed and sealed this _____________ day of _________________ A.D. 20___. Witness (Seal) (Contractor) Attest By (Seal) (Title) Witness (Seal) (Surety) Attest By (Seal) (Title) Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-4 LABOR AND MATERIAL PAYMENT BOND (NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND, IN FAVOR OF THE OWNER CONDITIONED FOR THE PERFORMANCE OF THE WORK.) KNOW ALL MEN BY THESE PRESENTS: That as Principal, hereinafter called CONTRACTOR, and a corporation organized and existing under the laws of the State of ___________________, with its principal office in the City of ____________________, State of _______________, as Surety, hereinafter called SURETY, are held and firmly bound unto AUGUSTA, GEORGIA BY AND THROUGH THE AUGUSTA-RICHMOND COUNTY COMMISSION, as Obligee, hereinafter called the OWNER, for the use and benefit of claimants as herein below defined in the amount of Dollars ($_____________) for the payment whereof CONTRACTOR and SURETY bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, CONTRACTOR has by written agreement dated _______________________ entered into a Contract with Owner for the construction of AUGUSTA REGIONAL AIRPORT REHABILITATION OF THE STANDARD AERO RAMP – BASE BID , in accordance with drawings and specifications issued by the Augusta Aviation Commission and Augusta- Richmond County Commission, which Contract is by reference made a part hereof, and is hereinafter referred to as the CONTRACT. NOW, THEREFORE, the condition of this obligation is such that, if the CONTRACTOR shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required to use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: (1) A claimant is defined as one having a direct contract with the CONTRACTOR or with a subcontractor of the CONTRACTOR for labor, material, or both, used or reasonably required for use in the performance of the Contract labor and material being construed as to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. (2) The above named CONTRACTOR and SURETY hereby jointly and severally agree with the OWNER that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The OWNER shall not be liable for the payment of any costs or expenses of any such suit. (3) No suit or action shall be commenced hereunder by any claimant, (a) Unless claimant, other than one having a direct contract with the CONTRACTOR, shall have given written notice to any two of the following: The CONTRACTOR, the OWNER, or the SURETY above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-5 or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the CONTRACTOR, OWNER or SURETY, at any place where an office regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. (b) After the expiration of one (1) year following the date on which CONTRACTOR ceased work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. (c) Other than in a Georgia state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. (4) The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by SURETY of mechanics’ liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. Signed and sealed this _____________ day of _________________ A.D. 20___. Witness (Seal) (Contractor) Attest By (Seal) (Title) Witness (Seal) (Surety) Attest By (Seal) (Title) Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-6 NOTICE TO PROCEED DATE: ______________ SUBJECT: NOTICE TO PROCEED PROJECT: AUGUSTA REGIONAL AIRPORT REHABILITATION OF THE STANDARD AERO RAMP – BASE BID Gentlemen: You are hereby notified to commence work in accordance with the Contract, within Ten (10) calendar days following the date first written above, and you are to complete the work within _____________ (___) consecutive calendar days after the date of this notice. The date set for completion of all work is therefore __________________. AUGUSTA REGIONAL AIRPORT BY: TITLE: *** ACCEPTANCE OF NOTICE *** Receipt of the above NOTICE TO PROCEED is hereby acknowledged by ______________________________ this the __________ day of ____________, 20_______. TITLE: Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-7 CONTRACT THIS CONTRACT made and entered into to be effective ____________, 2022 by and between, AUGUSTA GEORGIA, “Augusta,” a political subdivision of the State of Georgia, acting through the AUGUSTA AVIATION COMMISSION, whose address is 1501 Aviation Way, Augusta Regional Airport at Bush Field, Augusta, Georgia 30906-9600, hereinafter called “Airport”, and ER Snell Contractor, Inc., hereinafter called “Contractor”. WITNESSETH: WHEREAS, Augusta is the owner and operator of a full-service commercial airport known as the Augusta Regional Airport; WHEREAS, Augusta has solicited a bid to Rehabilitate the Standard Aero Ramp for the Airport; WHEREAS, the Contractor submitted a bid for said services; and WHEREAS, Augusta, on behalf of the Airport, accepted the Contractor’s Bid for said services; NOW THEREFORE, in consideration of the mutual covenants, promises, and agreements herein contained, Augusta and the Contractor hereby agree as follows: The Contractor’s Services shall be in accordance with the scope of services and all provisions provided herein. ARTICLE 1 SCOPE OF THE WORK 1.1 The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the Plans and described in the specifications for the Project entitled: AUGUSTA REGIONAL AIRPORT REHABILITATION OF THE STANDARD AERO RAMP – BASE BID and in accordance with the requirements and provisions of the Contract Documents as defined in the Provisions hereto attached which are hereby incorporated and made a part of this contract. 1.2 Definitions The following terms have the following meanings whenever used in the Contract Documents (defined below), or in related documents, the terms or pronouns used in place of them shall be defined as follows: 1.2.1 Airport Executive Director. The person tasked with the day-to-day operations of the Airport. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-8 1.2.2 Augusta Aviation Commission. The Augusta Regional Airport Aviation Commission tasked with the overall administration of the Airport. 1.2.3 Augusta, Georgia or City or Owner. Augusta, Georgia’s Commission. 1.2.4 Engineer. The Work has been designed by Mead & Hunt, Inc., whose corporate headquarters is located at 2240 Deming Way, Middleton, WI 53562, who is hereinafter called Engineer and who is to assume all duties and responsibilities and have the rights and authority assigned to Engineer in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. 1.2.5 Project. Augusta Regional Airport Rehabilitation of the Standard Aero Ramp, including, but not limited to, the removal of approximately 12,000 square yards of asphalt pavement, the construction of approximately 1,500 tons of asphalt concrete pavement, 575 linear feet of new 6” water line and a new fire hydrant, along with new pavement markings and site improvements. 1.2.6 Airport’s Administrator. Airport’s Representative shall be the Airport’s Executive Director or his designee. 1.2.7 Contractor’s Representative(s). The Contractor’s representative (“Contractor’s Representative”) for all dealings with Airport shall be _________________. Contractor’s Representative may be changed upon prior written notice delivered to Owner. 1.3 Subject to controlling law, the Owner will refuse to permit the Contractor to use any employee on this job if the Owner reasonably deems that individual unfit to work at the Airport facilities in any respect. 1.4 All Contractor employees shall strictly adhere to Airport regulations while on the Airport premises, including but not limited to Augusta, Georgia, County, and Transportation Security Authority (TSA) and Federal Aviation Administration (FAA) regulations governing access to buildings, personal conduct, and possession of prescribed substances, parking, and traffic. The Owner reserves the right to require the removal of Contractor employees from the Project. 1.5 Design, Standards and Practices. The design, strength, quality of materials and workmanship must conform to the highest standards of construction practices and/or services. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-9 ARTICLE II TERM 2.1 The Contractor must begin work within ten (10) calendar days of receiving the Notice to Proceed (NTP) from the Owner. It is anticipated the NTP will be issued __________. The Contractor will mobilize with sufficient forces such that all work is completed within one hundred sixty-five (165) calendar days after the issuance of the NTP. Contract time charges will begin as set forth in Section 80 of the General Provisions 2.2 Contractor working times shall be as designated on the Construction Safety & Phasing Plan sheets in the Construction Drawings. At the Owner’s discretion, work times may be further restricted. 2.3 For additional details please review Section 80 of the attached Specifications. 2.4 It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that the date of beginning, rate of progress and the time for completion of the work to be done hereunder are ESSENTIAL CONDITIONS of this Contract. Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed by and between the Contractor and the Owner, that the time for the completion of the work described herein is a reasonable time for the completion of the same, taking into consideration the average climatic range and construction conditions prevailing in this locality. 2.5 It is further agreed that time is of the essence of each and every portion of this Contract and the specifications wherein a definite portion and certain length of time is fixed for the performance of any act whatsoever; and where under the Contract an additional time is allowed for the completion of any work, the new time limit fixed by extension shall be the essence of the Contract. ARTICLE III LIQUIDATED DAMAGES 3.1 The Contractor acknowledges that time is of the essence with respect to the Work governed by the Contract. The Contractor acknowledges and recognizes that if it fails to achieve Substantial Completion of any portion of the Work within the Contract Time as may be extended in accordance with the terms of this Contract, the Owner will sustain substantial losses as a result of such failure. The Contractor further acknowledges that the Owner will suffer damages that are difficult, if not impossible, to accurately estimate. The Contractor shall be assessed liquidated damages as set forth in Section 80, Execution and Progress, subsection 80-08. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-10 ARTICLE IV PAYMENT 4.1 The Contract Sum The Owner shall pay to the Contractor for completion of the Work in strict accordance with the Contract Documents, and in accordance with the unit bid prices submitted on June 30, 2022, with a contract price of $2,102,033.60. 4.2 Progress Payments 4.2.1 Contractor shall submit Applications for Payment in accordance with Section 90 of the General Provisions but in no case shall submit Applications for Payment more than once per month. Application for Payment will be processed by Engineer as provided in the General Provisions. 4.2.2 Progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as Engineer shall determine, or Owner may withhold, in accordance with Section 90 of the General Provisions. 1) 90% of Work completed as determined by Engineer. 2) 90% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to Owner as provided in paragraph 90-07 of the General Provisions. 4.2.3 Within ten (10) business days of receiving each Application for Payment, the Engineer shall either indicate in writing a recommendation of payment and present the application to the Owner, or return the Application to the Contractor indicating in writing necessary corrections. In the latter case, the Contractor shall make the corrections and resubmit the application. 4.3 Invoices. Contractor shall submit invoices to: Mead & Hunt, Inc. Attn: Edwin Scott 5955 Core Road, Suite 515 North Charleston, SC 29406 Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-11 4.4 Retainage and Partial Payments. If payment request is approved by the Owner, the approved payment request shall be submitted to the Owner’s Finance Department for processing on or before the fifth day of the following month, and payment (less retainage) shall be made to the Contractor thirty (30) calendar days after the date the approved payment request is received by the Owner’s finance department. If a payment request is not approved by the Owner, then no payment shall be made to the Contractor until such time as the Owner approves the payment request. The amount of retainage shall be as follows: 4.4.1 Ten percent (10%) of each partial payment shall be withheld as retainage until the value of fifty percent (50%) of the Contract Price, including Change Orders and other authorized additions provided in the Contract, is due; 4.4.2 When fifty percent (50%) of the Contract Price, as described above, becomes due and the manner of completion of the Work and its progress, quality, schedule are reasonably satisfactory to the Owner, and there are no outstanding claims by the Contractor, subcontractors or material suppliers, the withholding of retainage shall be discontinued. 4.4.3 If after discontinuing retainage, the Owner determines that the Work is unsatisfactory or has fallen behind schedule, withholding of ten percent (10%) of each request for payment may be resumed. When the Work has reached Substantial Completion and the Owner determines the Work to be reasonably acceptable, the Contractor shall submit an invoice or other documents as may be required and receive payment thereof within thirty (30) calendar days. If there are any remaining incomplete minor items, an amount equal to two hundred percent (200%) of the value of each item, as determined by the Owner, shall be withheld until such items are complete; 4.4.4 The Contractor shall within ten (10) calendar days from its receipt of retainage from the Owner pass through payments to Subcontractors and shall reduce each Subcontractor’s retainage in the same manner as the Contractor’s retainage is reduced by the Owner. The Subcontractor shall within ten (10) calendar days from the Subcontractor’s receipt of retainage pass through payments to lower tier subcontractor’s and shall reduce each lower tier subcontractor’s retainage in the same manner as the Subcontractor’s retainage is reduced. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-12 4.4.5 The Contractor and Owner agree to abide by all applicable provisions of Georgia State Law concerning retainage, including but not limited to O.C.G.A. §13-10-80. If the terms of this Contract concerning retainage conflict with Georgia State Law, Georgia State Law shall govern. ARTICLE V FINAL INSPECTION 5.1 Upon notice from the Contractor that the Work is completed, the Owner shall make a Contractor during the course of final inspection of the Work and shall notify the Contractor of all instances where the Work fails to comply with the Drawings and Specifications, as well as any defects the Owner may discover. At no cost to the Owner, the Contractor shall immediately make such alterations as are necessary to bring the Work into compliance with the Contract, the Drawings, and Specifications. ARTICLE XI ACCEPTANCE AND FINAL PAYMENT 6.1 Final Payment. Upon final completion and acceptance of the Work in accordance with Section 50 of the General Provisions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said paragraph 90-09. 6.2 Before final payment is due the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with the work have been paid, except that in case of disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety bond satisfactory to the Owner guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. 6.3 The making and acceptance of the final payment shall constitute a waiver of all claims by the Owner other than those arising from unsettled liens, from faulty work appearing within twelve (12) months after final payment, from requirements of the specifications, or from manufacturers' guarantees. It shall also constitute a waiver of all claims by the Contractor except those previously made and still unsettled. 6.4 If after the Work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Engineer, so certifies, the Owner shall upon certificate Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-13 of the Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. ARTICLE VII CHANGES 7.1 The Owner may, during the Contract period, make changes to the Scope of Work, which may result in changes to the general scope of the Contract and its provisions. 7.2 Written/verbal agreements, changes, or amendments to this Contract shall not be binding upon the Owner unless approved and signed by the Owner in advance of performing work. 7.3 Contractor acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Augusta Aviation Commission or Augusta, Georgia Board of Commissioners and approval of the Mayor. Under Georgia law, Contractor is deemed to possess knowledge concerning Augusta, Georgia's ability to assume contractual obligations and the consequences of Contractor's provision of goods or services to Augusta, Georgia under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that the Contractor may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Contractor agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if the Contractor provides goods or services to Augusta, Georgia in excess of the any contractually authorized goods or services, as required by Augusta, Georgia's Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods or services provided by Contractor. Contractor assumes all risk of non-payment for the provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized, including, without limitation, all remedies at law or equity. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-14 ARTICLE VIII INSURANCE 8.1 During the term of this Contract, Contractor shall provide, pay for, and maintain with companies reasonably satisfactory to the Owner the types of insurance as set forth in the Augusta Code, and Georgia Law as the same may be amended from time to time, and as described herein. All insurance shall be issued by insurance companies eligible to do business in the State of Georgia and Best Rated A+ or equivalent. In the event of a conflict between the provisions of the Augusta Code and this Contract, the more stringent requirement shall govern. In no event shall Contractor maintain any insurance less than the requirements set forth in the Augusta Code, as amended. 8.2 All liability policies of Contractor and its subcontractors shall provide coverage that includes, or has the same substantive effect as the following: 8.2.1 Augusta, Georgia, the Augusta Aviation Commission, and each of its Commissioners, officers, agents, elected representatives, volunteers, and employees, in their respective capacities as such, shall be additional insured hereunder with respect to the products, premises, and operations of the named insured. 8.2.2 This insurance policy shall apply as primary, and any insurance and/or self-insurance as may be maintained by the Augusta, the Augusta Aviation Commission, or its Commissioners, officers, agents, elected representatives, volunteers, and employees shall apply in excess of, and shall not contribute with insurance provided by this policy.” 8.2.3 This insurance shall not be materially changed, altered, canceled, or non-renewed until after thirty (30) calendar days advanced written notice has been given to Augusta, Georgia except that only ten (10) calendar days’ notice shall be required in the event of cancellation due to non-payment of premium. 8.3 All such evidence of insurance shall be in the form of certificates of insurance satisfactory to the Augusta and its Risk Manager, accompanied by a certified true copy of an endorsement to each policy containing the above language. Properly executed certificates of insurance shall evidence the insurance coverage and limits required. The authorized representative of the insurance company shown on the certificate shall sign these certificates. The required policies of insurance shall comply with the laws of the State of Georgia. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-15 8.4 If at any time the Executive Director requests a written statement from the insurance company as to any impairment to the aggregate limit, Contractor shall promptly authorize and have delivered such statement to the Augusta Aviation Commission. Contractor authorizes the Augusta Aviation Commission and/or the Augusta’s Risk Manager to confirm with Contractor’s insurance agents, brokers, and insurance companies all information furnished. 8.5 The acceptance of delivery to the Owner of any certificate of insurance evidencing the insurance coverage and limits required under this Contract does not constitute approval or acceptance by the Owner that the insurance requirements in this Contract have been met. No operations shall commence at the Airport unless and until the required certificates of insurance are in effect and approved by the Augusta’s Risk Manager. 8.6 The Contractor and the Owner understand, and agree that the minimum limits of the insurance herein required may, from time to time, become inadequate, and Contractor agrees that it will increase such minimum limits upon receipt of written notice defining the basis of the increase. The Contractor shall furnish the Owner, within sixty (60) calendar days of the effective date thereof, a certificate of insurance evidencing that such insurance is in force. 8.7 Contractor’s insurance companies or its authorized representative shall give the Owner thirty (30) calendar days prior written notice of any cancellation, intent not to renew, or material reduction in any policy’s coverage, except in the application of the Aggregate Limit Provisions. In the event of a reduction to the Aggregate Limit, it is agreed that immediate steps will be taken to have the prior Aggregate Limit reinstated. 8.8 If at any time, the Airport Executive Director requests a written statement from the insurance companies as to any impairment(s) to the Aggregate Limit, prompt authorization and delivery of all requested information will be given to the Augusta Aviation Commission. Renewal Certificates of Insurance must be provided to the Owner as soon as practical but in every instance prior to expiration of current coverage. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-16 8.9 The amounts and types of insurance shall conform to the following minimum requirements with the use of Insurance Service Office policies, forms, and endorsements or broader, where applicable. Notwithstanding the foregoing, the wording of all policies, forms, and endorsements must be reasonably acceptable to the Owner. 8.10 Workers’ Compensation and Employer’s Liability Insurance shall be maintained in force by Contractor during the term of this Contract for all employees engaged in the operations under this Contract. The limits of coverage shall not be less than: Workers’ Compensation Georgia Statutory Employer’s Liability $1,000,000.00 Limit Each Accident $1,000,000.00 Limit Disease Aggregate $1,000,000.00 Limit Disease Each Employee 8.11 Commercial General Liability – Occurrence Form. Policy shall include bodily injury, property damage, personal injury and broad form contractual liability coverage with limits no less than five million dollars ($5,000,000.00) in Broad Form Comprehensive General Liability insurance. 8.12 Automobile Liability Insurance. For any vehicles authorized in writing by the Executive Director to operate on the Aircraft Operating Area (AOA) of the Airport, Automobile Insurance in the minimum amount of Five Million Dollars ($5,000,000.00) combined single limit coverage. If the Contractor's Comprehensive General Liability coverage includes vehicular operations on the Airport, separate automobile insurance shall not be required. The foregoing insurance shall be endorsed to state that it will be primary to the Augusta, Georgia and the Augusta Aviation Commission's insurance and that the carrier waives its right of subrogation against Augusta, Georgia, the Augusta Aviation Commission, and their officers, agents, elected and appointed officials, representatives, volunteers, and employees. Augusta, Georgia, the Augusta Aviation Commission, and their officers, agents, employees, elected and appointed officials shall be added as additional insureds on said policies. Said policy shall contain Severability of Interest Clause and shall include contractual liability coverage at least as broad as that given in the most current CA 00 01 ISO form. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-17 8.13 Excess Liability: $2,000,000.00 Policy must follow form of General Liability Policy and all insurance together for general liability must total at least a minimum of two million dollars ($2,000,000.00). Any form of underlying and excess policies may satisfy such requirement. 8.14 The Commercial General Liability Insurance coverage as required in the paragraph above shall include those classifications, as listed in Standard Liability Insurance Manuals, which are applicable to the operations of the Contractor in the performance of this Contract. 8.15 Within sixty (60) calendar days of the effective date thereof or any subsequent term, Contractor shall provide Owner with certificate(s) of insurance evidencing that such insurance as described herein be in force. Insurance binder letter(s) or a Certificate(s) of Insurance as described above must be sent to the address below with a copy to the Owner: Augusta, Georgia Risk Management 535 Telfair Street Suite 920 Augusta, GA 30901 (706) 821-2502 (Fax) 8.16 Subcontractors. It is the sole responsibility of the general Contractor to ensure that all subcontractors working under it have separately procured any and all types and limits of insurance that are required under any and all pertinent local, state, or federal ordinances or resolutions that are suitable for the particular trade that the subcontractor is performing. It is also the sole responsibility of the general and/or prime Contractor to ensure that any and all subcontractors or vendors carry types and limits of insurance not less than those listed herein and that the subcontractors and/or vendors carry and/or procure endorsements to waive all subrogation rights against and name “Augusta, Georgia, its appointed and elected Officials, departments, agencies, boards, commissions, its officers, agents, employees and volunteers” as additional insureds. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-18 ARTICLE IX AIRPORT SECURITY REQUIREMENTS 9.1 Contractor’s employees shall be required to operate in Airport’s secure areas. Contractor shall be required to obtain the Airport’s Security Identification Display Area (SIDA) badges for any employee working in the secured area. Contractor shall comply, at its own expense, with the Transportation Security Administration (TSA) and the Owner’s security requirements for the Airport including, but not limited to employee training and badges. Contractor shall cooperate with the TSA and the Owner on all security matters and shall promptly comply with any project security arrangements established by the Owner. Compliance with such security requirements shall not relieve Contractor of its responsibility for maintaining proper security for the above-noted items, nor shall it be construed as limiting in any manner Contractor’s obligation with respect to all applicable federal, state and local laws and regulations and its duty to undertake reasonable action to establish and maintain secure conditions at and around the Project and throughout the Airport. All employees shall be properly badged and comply with all Owner’s safety and security rules. 9.2 Any Contractor employees assigned to work in a secured area are required to be “badged” or a “badged” Contractor employee must escort them the entire time they are in these secured areas. 9.3 To qualify for the badge, individual must be fingerprinted and have a background investigation completed. In addition, the Owner will conduct a background inquiry and require finger printing of all individuals who will be working on the secured side of the Airport screening point. This may also include collection of appropriate criminal history information, contractual and business associations and practices, employment histories, reputation in the business community and credit reports for the Contractor, as well as, its employees. 9.4 Contractor consents to such an inquiry and agrees to make available to the Owner such books and records the Owner deems necessary to conduct the review. 9.5 Contractor shall pay all costs associated with providing SIDA badges. 9.6 Contractor shall be responsible for any fines assessed by the FAA or TSA as a result of the actions of its employees or subcontractors. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-19 ARTICLE X REPRESENTATIONS AND WARRANTIES In order to induce the Owner to enter into this Contract, Contractor hereby represents and warrants that as of the date above written that: 10.1 Contractor is duly organized and validly existing in good standing under the laws of the State of Georgia in which it is organized, is qualified to do business in all jurisdictions in which it is operating, and has the power and authority to execute and deliver and to perform its obligations under this Contract and the documents to which it is signatory; and 10.2 The execution, delivery and performance by Contractor and its undersigned representative(s) of this Contract and other documents to which Contractor is a signatory do not require the approval or consent of any other person, entity or government agency and do not result in any breach of any agreement to which Contractor is a party or by which it is bound; and 10.3 The execution, delivery and performance by Contractor of this Contract and other documents to which it is a signatory have been duly authorized by all necessary action, and constitute legal, valid and binding obligations of Contractor, enforceable against Contractor in accordance with its terms; and 10.4 No action, suit or proceeding to which Contractor is a party is pending or threatened that may restrain or question this Contract, or any other document to which it is a signatory, or the enjoyment of rights or benefits contemplated herein; and 10.5 Contractor has all State of Georgia Licenses and permits required for the performance of the Work and shall only use properly licensed and trained persons to perform such services. ARTICLE XI NOTICES 11.1 Delivery. All notices given by either party to the other under this Contract must be in writing and delivered by: (i) regular mail, postage prepaid; (ii) certified or registered mail; (iii) facsimile; or (iv) hand - delivery, to the parties at the addresses and facsimile numbers set forth in the Clause titled “Addresses”. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-20 11.2 Receipt. Notices sent by mail will be deemed to be received upon deposit in the mail, properly addressed. Notices sent by certified or registered mail will be deemed to be received upon the date of the acknowledgment. Notices sent by facsimile will be deemed to be received upon successful transmission to the proper facsimile number. Notices delivered by hand- delivery will be deemed to be received upon acceptance by the respective party or its agent. 11.3 Change of Address or Facsimile Number. Either party may, at any time, change its respective address or facsimile number by sending written notice to the other party of the change. 11.4 Addresses. To OWNER: To CONTRACTOR: Augusta Regional Airport Attn: Executive Director Attn: 1501 Aviation Way Augusta, Georgia 30906 Telephone: (706) 798-3236 Telephone: Fax: (706) 798-1551 Fax: With a copy to: Augusta General Counsel Augusta Richmond County Department of Law 535 Telfair St. Building 3000 Augusta, GA 30901 Fax: (706) 842-5556 ARTICLE XII INDEMNIFICATION AND HOLD HARMLESS 12.1 Except where, and to the extent caused by the gross negligence of Augusta, Georgia, the Augusta Aviation Commission, their agents, employees, contractors, officers or, Contractor shall protect, defend, reimburse, indemnify, and hold Augusta, Georgia, the Augusta Aviation Commission, its members, agents, employees, and elected officers and each of them, free and harmless at all times as set forth in Augusta, Georgia Code, and particularly Article 1, Chapter 3, Division 1, Section 1-3-8.5, Indemnity and Insurance, as the same may be amended from time to time, and described herein. In the event of a conflict between the provisions of the Augusta Code and this Contract, the broader requirement shall govern. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-21 ARTICLE XIII PERMITS 13.1 Contractor shall obtain and maintain at all times all necessary licenses, permits and certifications to perform the work described in the Contract. Contractor shall furnish copies of all licenses, permits, and certifications to the Administrator. ARTICLE XIV WORK PERMITS REQUIRED 14.1 Contractor agrees and acknowledges that its employees and agent’s employees, as well as any subcontractors or subcontractors’ personnel, working on the Contract must be United States citizens, or must be lawfully admitted for residence and be permitted to work in the United States under the Immigration and Naturalization Act, 8 U.S.C. 1101, et. seq. ARTICLE XV FEDERAL WORK AUTHORIZATION 15.1 Pursuant to O.C.G.A. §13-10-91 and Georgia Department of Labor Rule 300-10-1-.02, the Owner cannot enter a contract for the physical performance of services unless the Contractor and its Subcontractors register and participate in the Federal Work Authorization Program to verify specific information on all new employees. 15.2 The Contractor certifies that it has complied and will continue to comply with O.C.G.A. §13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. 15.3 The Contractor agrees to sign an affidavit evidencing its compliance with O.C.G.A. §13- 10-91 and Georgia Department of Labor Rule 300-10-1-.02. The signed affidavit is attached to this Contract as an exhibit 15.4 The Contractor agrees that in the event that it employs or contracts with any Subcontractor(s) in connection with this Contract, the Contractor will secure from each Subcontractor an affidavit that indicates the employee-number category applicable to that Subcontractor and certifies the Subcontractor’s current and continuing compliance with O.C.G.A. §13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. Any signed Subcontractor affidavit(s) obtained in connection with this Contract shall be attached hereto as an exhibit. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-22 ARTICLE XVI MISCELLANEOUS CONTRACT PROVISIONS 16.1 Independent Contractor/Subcontractor Contractor is acting, in performance of this Contract, as an independent contractor. Personnel supplied by the Contractor or its agents or subcontractors hereunder are not the Owner’s employees or agents and Contractor assumes full responsibility for their acts. Contractor shall be solely responsible for the payment of compensation to Contractor’s employees. The Owner shall not be responsible for payment of Worker’s Compensation, disability benefits, and unemployment insurance or for withholding and paying employment taxes for any Contractor employee, or Contractor’s subcontractors or its agent’s employees, but such responsibility shall be solely that of Contractor. This clause of the contract does not prevent the Airport from requiring Contractor to have its employees follow normal rules and guidelines for work performance, redirecting the efforts of the employees to meet the needs of the facilities, performing safety or from requiring Contractor to perform the requirements of this Contract satisfactorily, according to the General Conditions, Scope of Services, Performance Work Statement, Service Performance Standards and Methods described herein. 16.2 Force Majeure 16.2.1 Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of any such obligation, except the payment of money, is prevented or delayed by any cause, existing or future, which is beyond the reasonable control of the affected party, or by a strike, lockout or other labor difficulty, the settlement of which shall be within the sole discretion of the party involved. 16.2.2 Each party hereto shall give notice promptly to the other of the nature and extent of any Force Majeure claimed to delay, hinder or prevent performance of the services under this Contract. In the event either party is prevented or delayed in the performance of this obligation because of such Force Majeure, there shall be an equitable adjustment of the schedule. In the event there is a fluctuation in the costs or price associated with the project due to occurrence of a force majeure event, such price differential shall be borne by the party claiming the force majeure delay. However, if the party claiming the delay can show good faith efforts to mitigate the costs and demonstrates that the party’s action, inaction, or omission did not contribute Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-23 to the price or costs fluctuation, said increased costs shall be borne equally by both parties. 16.2.3 Contractor will not be liable for failure to perform or for delay in performance because of Force Majeure, including the following: 16.2.3.1 any cause beyond its reasonable control; 16.2.3.2 any act of God; 16.2.3.3 inclement weather; 16.2.3.4 earthquake; 16.2.3.5 fire; 16.2.3.6 explosion; 16.2.3.7 flood; 16.2.3.8 strike or other labor dispute; 16.2.3.9 any shortage or disruption of or inability to obtain labor, material, manufacturing facilities, power, fuel or transportation from unusual sources, or any other; 16.2.3.10 delay or failure to act of any governmental or military authority; 16.2.3.11 any war, hostility or invasion; 16.2.3.12 any embargo, sabotage, civil disturbance, riot or insurrection; 16.2.3.13 any legal proceedings; or 16.2.3.14 failure to act by Contractor’s suppliers due to any cause which Contractor is not responsible, in whole or in part. 16.2.3.15 any disease, epidemic, or pandemic 16.3 Commercial Activities Neither Contractor nor its employees may establish any commercial activity or issue concessions or permits of any kind to third parties for establishing activities at the Airport. 16.4 Records and Audit Contractor and its subcontractors shall maintain records and accounts in connection with all aspects in the performance of this Contract, including those, which will accurately document incurred costs, both direct and indirect, of whatever nature, during and for a period of three (3) years from the expiration or other termination of this Contract, unless otherwise specified by applicable law. The Owner may examine and copy, at all reasonable times, with advance notification, those records and accounts. Contractor shall maintain all records in a central location in Augusta, Georgia. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-24 16.5 Contingent Fees Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Contract; and that Contractor has not paid or agreed to pay any company, association, corporation, firm or person, other than a bona fide employee working for Contractor, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Contract. For the breach or violation of this warranty and upon a finding after notice and hearing, the Owner may terminate the Contract and, at its discretion, may deduct from the Contract sum, or otherwise recover the full amount of any such fee, commission, percentage, gift or consideration. 16.6 Rights and Remedies The rights and remedies of the Owner provided in this paragraph are not exclusive and are in addition to any other rights and remedies provided by law or under this Contract. 16.7 Non-Appropriations Notwithstanding anything contained in this Contract, if sufficient funds have not been appropriated to support continuation of this Contract for an additional calendar year or an additional term of the Contract, this Contract shall terminate absolutely and without further obligation on the part of the Owner at the close of the calendar year of its execution or if the Owner suspends performance pending the appropriation of funds. 16.8 Assignment Without the prior written consent of the Owner, Contractor may not assign, transfer or convey any of its interests under this Contract, nor delegate any of its obligations or duties under this Contract except as provided herein. 16.8.1 Consent of the Owner Required. Any assignment of this Contract or rights under this Contract, in whole or part, without the prior written consent of the Owner will be void, except that, upon ten-(10) calendar days prior written notice to the Owner, Contractor may assign monies due or to become due under this Contract. Any assignment of monies will be subject to proper setoffs in favor of the Owner and to any deductions provided for in this Contract. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-25 16.8.2 No Relief of Responsibilities. No assignment will be approved which would relieve Contractor of its responsibilities under this Contract. 16.9 Parties Bound. This Contract will be binding upon and inure to the benefit of the Owner and Contractor and their respective successors and assigns. 16.10 No Partnership or Joint Venture. Nothing contained in this Contract will be deemed to create a partnership or joint venture between the Owner and Contractor or cause the Owner to be responsible for the debts or obligations of Contractor or any other party. Contractor must not represent to anyone that its relationship to the Owner is other than as the Owner’s Contractor. Contractor must act as an independent agent and not as the agent of the Owner in performing this Contract and shall maintain complete control over its employees and all of its lower-tier suppliers and subcontractors. Nothing contained in this Contract or any lower tier purchase order or subcontract awarded by Contractor will create any contractual relationship between any lower-tier supplier or subcontractor and the Owner. No act or direction of the Owner shall be deemed to be the exercise of supervision or control of the Contractor’s performance hereunder. 16.11 Waiver The failure of the Owner to seek redress for any violation of or to insist upon the strict performance of, any term of this Contract will not prevent a subsequent violation of this Contract from being actionable by the Owner. The provision in this Contract of any particular remedy will not preclude the Owner from any other remedy. 16.12 Compliance with Applicable Laws and Regulations Contractor covenants and agrees that it, its agents and employees shall comply with all Georgia, county, state, and federal laws, Airport Rules and Regulations, and Augusta, Georgia Ordinances applicable to the work to be performed under this Contract, and that it shall obtain all necessary permits, pay all license fees and taxes to comply therewith. Further, Contractor agrees that it, its agents, and employees will abide by all rules, regulations, and policies of Airport during the term of this Contract, including any renewal periods. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-26 16.13 Patent Indemnity Except as otherwise provided, the Contractor shall indemnify Augusta, Georgia and its Board of Commissioners, officers, agents and employees against liability, including costs and expenses for infringement upon any letters or patent of the United States arising out of the performance of this Contract or out of the use or disposal by or for the account of the Owner of supplies furnished or construction work performed hereunder. 16.14 Use of Augusta, Georgia Landfill Contractor shall dispose of all debris and trash from the Airport will be transported to and disposed of at the Augusta, Georgia Solid Waste Landfill in accordance with local and state regulations. The Contractor shall provide evidence of proper disposal through manifests, which shall include the types of material disposed of, the name and location of the disposal facility, date of disposal and all related fees. 16.15 Inspection The Owner may, at reasonable times, inspect the part of the plant, place of business, or work site of a contractor or subcontractor or subunit thereof which is pertinent to the performance of the contract. 16.16 Temporary Suspension or Delay of Performance of Contract To the extent that it does not alter the scope of this Contract the Owner may unilaterally order a temporary stopping of the work, or delaying of the work to be performed by the Contractor under this Contact. 16.17 Entire Agreement This Contract, together with all of the attachments shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Contract shall not be binding upon either party except to the extent incorporated in this Contract. Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-27 16.18 Governing Law This Contract will be construed under Georgia law, including the Georgia Uniform Commercial Code; all remedies available under that code are applicable to this Contract. Contractor and the Owner fix jurisdiction and venue for any action brought with respect to this Contract in Augusta, Georgia. 16.19 Legal Construction If any provision contained in this Contract is held to be invalid, illegal or unenforceable, that invalidity, illegality or unenforceability will not affect any other provision of this Contract and this Contract will be construed as if the invalid, illegal or unenforceable provision had never been contained in this Contract. 16.20 Prior Contracts Superseded This Contract and the attachments constitute the sole and only agreement between Contractor and Owner with respect to the subject matter of this Contract and supersede any prior understandings or written or oral contracts respecting the subject matter of this Contract. 16.21 Counterparts This Contract may be executed concurrently in one or more counterparts, each of which will be deemed an original, but all of which will together constitute one (1) Contract. 16.22 Further Acts Owner and Contractor each agrees to perform any additional acts and execute and deliver any additional documents as may reasonably be necessary in order to carry out the provisions and affect the intent of this Contract. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their appropriate officials, as of the date first written above. [SIGNATURES ON THE FOLLOWING PAGE] Rehabilitation of the Standard Aero Ramp Issued for Bid Augusta Regional Airport, Augusta, Georgia Contract Forms CARES Grant No. 3-13-011-045-2020 April 22, 2022 CF-28 AUGUSTA, GEORGIA ____________________________________________________ Hardie Davis, Jr. Mayor Attest: ______________________________________________ Lena J. Bonner, Clerk of Commission AUGUSTA AVIATION COMMISSION _________________________________________________ James Germany, Aviation Commission Chair Attest: ___________________________________________ Dereena Harris, Clerk of Augusta Aviation Commission CONTRACTOR _________________________ Sworn to and subscribed before me this ____ day of ___________, 202_. ______________________________ Notary Public My commission expires: ____________ (NOTARIAL SEAL) Invitation to Bid Sealed bids will be received at this office until Thursday, June 23, 2022 @ 3:00 p.m. via ZOOM Meeting ID: 892 2279 2165 Passcode: 091508 for furnishing: Bid Item #22-240 Rehabilitation of the Standard Aero Ramp for Augusta, GA – Augusta Regional Airport 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 examined at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901 (706-821-2422). Plans and specifications for the project shall be obtained by all prime contractors, subcontractors, and suppliers exclusively from Augusta Blueprint. The fees for the plans and specifications which are non- refundable are $210.00. It is the wish of the Owner that all businesses are given the opportunity to submit on this project. To facilitate this policy the Owner is providing the opportunity to view plans online (www.augustablue.com) at no charge through Augusta Blueprint (706 722-6488) beginning Thursday, May 12, 2022. Bidders are cautioned that submitting a package without Procurement of a complete set are likely to overlook issues of construction phasing, delivery of goods or services, or coordination with other work that is material to the successful completion of the project. Bidders are cautioned that acquisition of documents through any other source is not advisable. Acquisition of documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Pre-Bid Conference will be held on Monday, June 6, 2022 @ 10:00 a.m. Via Zoom – Meeting ID: 838 1523 4260; Passcode: 490162. Optional Site Visit will be held on Tuesday, June 7, 2022 @ 10:00 a.m. 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 Wednesday, June 8, 2022 @ 5:00 P.M. No bid will be accepted by fax or email, all must be received by mail or hand delivered. No proposal 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 10% Bid Bond is required. A 100% performance bond and a 100% payment bond will be required for award. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. GEORGIA E-Verify and Public Contracts: The Georgia E-Verify law requires contractors and all sub-contractors on Georgia public contract (contracts with a government agency) for the physical performance of services over $2,499 in value to enroll in E-Verify, regardless of the number of employees. They may be exempt from this requirement if they have no employees and do not plan to hire employees for the purpose of completing any part of the public contract. Certain professions are also exempt. All requests for proposals issued by a city must include the contractor affidavit as part of the requirement for their bid to be considered. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax or email, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle May 12, 19, 26, 2022 and June 2, 2022 Metro Courier May 12, 2022 Revised: 2/19/2016 OFFICIAL Vendors E. R. Snell Contractor Inc 1785 Oak Rd. Snellville, GA 30078 Reeves Construction Co. 1 Apac Industrial Way Augusta, GA 30907 Attachment "B"Yes Yes Addendum 1 & 2 Yes Yes E-Verify Number 22114 667047 Save Form Yes Yes Bid Bond Yes Yes Base Bid $2,102,033.60 $2,666,310.00 Alternate One $1,163,419.75 $906,633.00 Alternate Two $1,216,821.90 $1,090,986.00 Total Base Bid $4,482,275.25 $4,663,929.00 Total Number Specifications Mailed Out: 19 Total Number Specifications Download (Demandstar): 4 Total Electronic Notifications (Demandstar): 100 Total Georgia Procurement Registry: 806 Total Packages Submitted: 2 Total Noncompliant: 0 Bid Opening Bid Item #22-240 Rehabilitation of the Standard Aero Ramp for Augusta, GA - Augusta Regional Airport Bid Date: Thursday, June 30, 2022 @ 3:00 p.m. Page 1 of 1 Public Service Committee Meeting 8/30/2022 1:00 PM ITB 22-240 Recommendation of Award to ER Snell Contractor, Inc. for StandardAero Ramp Rehabilitation Department:Augusta Regional Airport Presenter:Herbert Judon Caption:Motion to approve recommendation of award to ER Snell Contractor, Inc. and contract in the amount of $2,102,033.60 for ITB 22-240 StandardAero Ramp Rehabilitation, Phase 1. Approved by the Augusta Aviation Commission on July 28, 2022. Background:Bids were opened and read publicly on June 30, 2022, at 3:00 pm at the Augusta Procurement Department. Bids were received from ER Snell Contractor Inc. and Reeves Construction Company. In speaking with Airport Staff a week following the bid opening, a discussion was held regarding the multiple options at hand. The current bid could be canceled and re-bid later this year, the project could be repackaged and broken up into different phasing options that could be more affordable, or the project’s base bid could be awarded with the remaining phases being bid at a separate time. Because of the potential that a rebid of the entire project could result in project delays and that a rebid would not necessarily provide lower costs with the instability of the existing market, along with the fact that the funding source expires in approximately 21 months, Airport staff provided direction that they would like to move forward with the award of the base bid. After reviewing and evaluating the unit prices associated with the various construction line items, the costs associated seem to fall within the current market averages seen across the country and specifically within the region for similar projects. Based upon our review and the City’s Procurement Department’s review, we believe ER Snell has submitted a responsive bid and is a responsible, experienced airport pavement rehabilitation contractor. Analysis:Staff’s construction estimate for the Base Bid of this project was $1,054,82.01. ER Snell’s base bid came in at $2,102,033.60. Mead & Hunt has provided justification to the Airport and Procurement Department to accept the low bid. Additionally, because the low bid and corresponding line items are in line with the overall current costs in the region along with the volatile market, and ER Snell’s bid was compliant, Staff recommends award. The item has been presented to and approved by the Augusta Aviation Commission on July 28, 2022. Financial Impact: This project will be fully funded by a portion of the 2020 Coronavirus Aid, Relief, and Economic Security (CARES) Act Grant. Alternatives:To deny. Recommendation:Recommend approval. Approved by the Augusta Aviation Commission on July 28, 2022. Funds are Available in the Following Accounts: 551081118-5412110 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Page 1 of 22 CONTRACT FOR INSURANCE BROKERAGE SERVICES FOR THE AUGUSTA, GEORGIA AT AUGUSTA REGIONAL AIRPORT AND BLANCHARD & CALHOUN INSURANCE AGENCY, INC. Page 2 of 22 TABLE OF CONTENTS Article I Scope of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Article II Data Security and Software . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Article III Staffing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 Article IV Standards and Practices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 Article V Compensation……………………………………………………………....8 Article VI Contract Term……………………………………………………………..8 Article VII Insurance Requirements……………………………………………………….9 Article VIII Indemnification……………………………………………………………… 11 Article IX Broker as Independent Consultant……………………………………….11 Article X Assignment………………………………………………………………11 Article XI Nondiscrimination………………………………………………………11 Article XII Default and Termination………...………………………………………………..12 Article XIII Miscellaneous Provisions……………………………………………………...13 Exhibit A Required Submittals Exhibit B Specified Portions of Broker’s Proposal Exhibit C Broker’s Cost Proposal Page 3 of 22 This Contract for Insurance Brokerage Services for the Augusta Regional Airport is entered into this ____________day of _____________ 2022, by and between Augusta, Georgia (“Augusta”), a political and legal subdivision of the State of Georgia for the Augusta Aviation Commission (hereinafter referred to as "Airport'') and Blanchard & Calhoun Insurance Agency, Inc., (hereinafter referred to as ''Broker''), a Georgia domestic profit corporation whose principal place of business is located at 245 Davis Road, Augusta, Georgia. WITNESSETH: WHEREAS, the Augusta Aviation Commission requires a qualified firm to provide insurance brokerage services; and WHEREAS, the Airport issued a Request For Proposal (RFP), RFP 22-141 Airport Insurance Brokerage Services, requesting proposals from qualified brokers to provide Insurance Brokerage Services and act as the Airports Agent/Broker of Record for various insurance policies; and WHEREAS, Broker responded to the RFP, attached hereto as Exhibit A, and incorporated herein, and represented that it is a qualified Broker that possesses the necessary expertise, knowledge, training, and skills; and bas the capability to perform all requirements and tasks set forth in this Contract; and WHEREAS, the Airport desires to enter into a Contract the Broker. NOW THEREFORE, in consideration of the promises and the mutual covenants contained in this Contract, the sufficiency and receipt of which is hereby acknowledged together, the Parties agree as follows: ARTICLE I SCOPE OF WORK BACKGROUND The Airport is located in Augusta, Georgia and is operated by the Augusta Aviation Commission on behalf of Augusta. The Airport is a full-service commercial airport, as well as a Fixed Based Operator and general aviation facility. The commercial side of the Airport consists of a new main passenger terminal that has been completed and occupied since January 2008. The Augusta Air Trade Area has a population of over 550,000 and is the second largest city in Georgia. The Airport Page 4 of 22 is served by two airlines: Delta Air Lines and American Eagle (d/b/a American Airlines). Augusta Regional Airport is a non-smoking facility. Total Annual Passengers: Total Enplaned Passengers: 2016 552,156 279,105 2017 580,755 292,902 2018 613,517 310,649 2019 673,631 339,925 2020 316,388 (Covid-19) 160,403 2021 514,603 261,149 2022 580,000 (estimated) 293,000 (estimated) 1.0 SERVICES 1.1 The Broker shall review the Airport's existing coverages and contracts and make recommendations to make suggestions for new services and products to include: Aviation Commercial General Liability Business Auto - Pilot Courtesy Cars Business Auto – Fleet Commercial Inland Marine (Equipment and Fine Arts) Directors’ and Officers' Liability Pollution Liability 1.2 The Broker shall maintain full and accurate records with respect to all matters and services provided on behalf of the Airport’s benefit plans and programs. 1.3 Broker shall, as directed by the Airport, negotiate with providers on various topics including, but not limited to, premium rates, benefits levels, performance standards and guarantees, contractual terms and conditions, quality assurance standards, utilization, and performance reports, statistical and/or financial reports. 1.4 Serve as the Augusta Regional Airport Aviation Commission's Agent/Broker of Record for various lines of insurance. Page 5 of 22 1.5 Solicit and analyze proposals received from various insurance companies, negotiate changes for the benefit of the Augusta Regional Airport Aviation Commission and verify the reasonableness of the coverage terms and pricing. 1.6 Represent the Augusta Regional Airport Aviation Commission in all negotiations with insurers, underwriters, and other parties with regard to the Airport's insurance program. 1.7 Provide summaries of the various insurance programs and options. including but not limited to, limits, coverage. retention levels, terms, conditions, payment options, pricing, and insurer quality. 1.8 Make recommendations to the Augusta Regional Airport Aviation Commission of the most advantageous insurance programs providing the highest level of coverage at the best possible price to meet the Airport's needs and objectives. 1.9 Provide analysis and recommendations as to the most cost-effective means for addressing the Augusta Regional Airport Aviation Commission’s exposures. 1.10 Review all policy and contract documents, including binders, issued to ensure that the insurance policies and contracts conform to the proposals offered by the insurers and those accepted and approved by the Augusta Regional Airport Aviation Commission. 1.11 Administer the placement of coverage and provide original binders, policies, and endorsements as requested and required in the timetable specified by the Augusta Regional Airport Aviation Commission. 1.12 Ensure that insurance policies are placed with reputable and financially responsible insurers (based on insurance rating among other criteria) including keeping the Augusta Regional Airport Aviation Commission informed of any changes in rating of the insurers and making recommendations should ratings change during policy term. 1.13 Assist the Augusta Regional Airport Aviation Commission with the review and design of insurance requirements to be used in contracts and leases. Page 6 of 22 1.14 Act as liaison between the Augusta Regional Airport Aviation Commission and the insurers and service companies in assisting with claims and providing certificates of insurance as necessary. 1.15 Review loss runs and provide copies of loss runs and summaries to the Augusta Regional Airport Aviation Commission annually. 1.16 Provide the Augusta Regional Airport Aviation Commission with aviation market trends annually. 1.17 Attend meetings related to the insurance program as requested. 1.18 Perform administrative and clerical services relative to account management, including but not limited to, changes to policies, premium adjustments, verification of accuracy of bills, and audits. 1.19 Submit all payments/premiums to carriers and other parties. All payments/premiums will be made to the selected brokerage Broker. 1.20 Assign account manager to the Augusta Regional Airport Aviation Commission who will be responsible for communication with the Airport and who, along with any other team members assigned, must be available on a 24 hour/7 day a week basis for advice and consultation on insurance program related issues and concerns. 1.21 Prepare and deliver necessary reports, including an annual report which contains a summary of the insurance program in force, coverage provisions, and any insurance claims. 1.22 Assist in the management of claims asserted by passengers and patrons. 1.23 Ensure that the insurance policies provided are in effect continuously without a break in service. Page 7 of 22 ARTICLE II DATA SECURITY AND SOFIWARE 2.1 Broker shall ensure that all personal and medical data provided by the Airport related to its employees or its patrons shall be maintained in a secure environment and protected from unauthorized access. 2.2 Individually identifiable information about the Airport's patrons or employee's past, present, or future health or condition, the provision of health care or payment for the health care is considered "Protected Health Information (''PHI). Broker shall comply with all HIPPA regulations. 2.3 Security Measures. Broker warrants that it has security measures to protect data from unauthorized access both in transmission and while housed. Users access Broker's systems only with a valid Username and Password combination transported over an encrypted SSL protocol. (Description of Security system to be provided by Broker) 2.4 Security Testing Procedures. Broker warrants that its security testing procedures shall protect the Airport's data. (To be provided by Broker) 2.5 Physical Security Measures. Broker utilizes physical security measures to protect server environment where data is housed. (To be provided by Broker) 2.6 Broker acknowledges that the Airport and Augusta are subject to the Georgia Open Records Act. Broker shall immediately notify the Airport's Executive Director or his designee regarding any Open Records Requests received. 2.13 Upon the termination of the contract Broker shall return all data provided by the Airport during the term of the Contract. ARTICLE III STAFFING 3.1 Broker shall provide adequate staffing for the Contract. 3.2 Broker shall utilize the persons listed in its proposal as Key Personnel. Any changes or Page 8 of 22 substitutions in the Broker's personnel providing services shall be disclosed in writing to the Airport's representative. Any substitute personnel shall be qualified in accordance with requirements of this Contract. 3.3 Broker's Key Personnel list is attached hereto as part of Exhibit B. ARTICLE IV STANDARDS AND PRACTICES Broker must conform to the highest standards of practices for the insurance brokerage industry. ARTICLE V COMPENSATION 5.1 Broker shall be compensated at the commission rates on Exhibit C attached hereto. 5.2 Invoices shall be submitted to: Ms. Risa Bingham, Finance Director 1501 Aviation Way Augusta, GA 30901 5.3 PAYMENT: Payment shall be tendered to the Broker upon acceptance and approval by the Airport for satisfactory compliance with the general terms, conditions, and specifications of the Contract, completed services; verification of delivery of products; assurance that the product/service performs as specified and warranted; and receipt of a valid invoice. ARTICLE VI CONTRACT TERM The initial contract term shall be three (3) years. By mutual agreement between the Broker and the Airport, the contract may be renewable for two (2) additional one (1) year periods. In accordance with Georgia Law regarding multi-year contracts, the effective date of the contract shall continue through December 31 of the date of execution. The contract shall: (i) terminate absolutely and without further obligation on the part of Augusta each and every December 31st, as required by O.C.G.A. § 36-60-13, as amended, unless terminated earlier in accordance with the termination provisions in this Article of this Agreement: (ii) automatically renew on each January 1st unless terminated in accordance with the termination provisions of this Agreement; Page 9 of 22 and (iii) terminate absolutely, with no further renewals, on December 31, 2027, unless extended by written amendment. The Contract Term may be extended only by written renewal approved by the Augusta Aviation Commission, Augusta, Georgia Board of Commissioners and executed by the Augusta, Georgia Mayor and the Contractor in accordance with the terms of this Contract. ARTICLE VII INSURANCE REQUIREMENTS 7.1 Broker shall procure and maintain until all of its obligations have been discharged, including any warranty periods under this Contract, are satisfied, insurance against claims for injury to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Broker, his agents, representatives, employees, or sub-Brokers. The insurance requirements herein are minimum requirements for this Contract and in no way, limits the indemnity covenants contained in this Contract. The Airport in no way warrants that the minimum limits contained herein are sufficient to protect the Broker from liabilities that might arise out of the performance of the work under this Contract by the Broker, its agents, representatives, employees or sub- Brokers, and Broker is free to purchase additional insurance. 7.2 MINIMUM SCOPE AND LIMITS OF INSURANCE. Broker shall provide Professional (Errors and Omissions) Liability Insurance. For Professional Services with limits of liability of not less than $1,000,000 per occurrence or claim/ $2,000,000 policy aggregate. Such coverage shall insure damage, injury and loss caused by error, omission, or negligent acts. including all prior acts without limitation, related to the professional services to be provided under the resulting Contract. The definition of Contractual Liability shall be amended to state that liability under a contract of professional services is covered. Further, coverage shall be afforded for personal injury, regulatory actions, wrongful acts, and contractual liability. The Broker shall ensure that coverage under this Policy continues for a period of thirty-six (36) months after completion of services. 7.3 The policy shall be endorsed to include the following additional insured language: "Augusta, Georgia, the Augusta Aviation Commission, their appointed and elected Officials, departments, agencies, boards, commissions, and its officers, officials, agents, Page 10 of 22 and employees shall be named as additional insured" with respect to liability arising out of the activities performed by or on behalf of the Broker. 7.4 Policy shall contain a waiver of subrogation against the "Augusta, Georgia, the Augusta Aviation Commission, their appointed and elected Officials, departments, agencies, boards, commissions, and its officers, officials, agents, and employees" for losses arising from work performed by or on behalf of the Broker. 7.5 In the event that the professional liability insurance required by this Contract is written on a claims-made basis, Broker warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning at the time work under this Contract is completed. The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope of Work of this contract. This coverage shall be written with all Environmental/Pollution exclusions deleted. 7.6 Verification of Coverage: Broker shall furnish the Airport with certificates of insurance as required by this Contract. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by the Airport before work commences. Each insurance policy required by this Contract must be in effect at or prior to commencement of work under this contract and remain in effect for the duration of the project. Failure to maintain the insurance policies as required by this Contract, or to provide evidence of renewal, is a material breach of contract. 7.7 Sub-Brokers: It is the sole responsibility of the Broker to ensure that all sub-Brokers are covered under its policies of insurance or to ensure all sub-Brokers have separately procured any and all types and limits of insurance that is required under any and all pertinent state, federal and local laws, ordinances, or resolutions that is suitable for asbestos testing and inspection. Page 11 of 22 ARTICLE VII INDEMNIFICATION The Broker shall indemnify, defend and save harmless Augusta, Georgia and the Augusta Aviation Commission, and their employees, agents, and representatives from all claims, losses, suits or demands for bodily injury and property damage suffered by Augusta, the Augusta Aviation Commission, their employees, agents, contractors, customers, invitees or other third parties arising out of the negligence, willful misconduct of the Broker or the Broker's failure to perform its obligations under this Agreement. The Airport shall give the Broker timely notice on any claim coming under the scope of this paragraph. The Broker shall be entitled to control the defense in such actions and make all decisions with respect to settlement or compromise and appeal. ARTICLE IX BROKER AS INDEPENDENT CONSULTANT In conducting its business hereunder, Broker acts as an independent consultant or contractors and not as an employee or agent of Airport. The selection, retention, assignment, direction, and payment of Broker s employees shall be the sole responsibility of Broker. ARTICLE X ASSIGNMENT This Contract shall not be sold, assigned, or transferred by Broker by process or operation of law or in any other manner whatsoever, including intra-corporate transfers or reorganizations between or among a subsidiary of Broker, or with a business entity which is merged or consolidated with Broker or which purchases a majority or controlling interest in the ownership or assets of Broker without the prior written consent of the Airport. ARTICLE XI NONDISCRIMINATION Notwithstanding any other provision of this Contract, during the performance of this Contract Broker, for itself, its heirs, personal representatives, successors in interest and assigns, as part of the consideration of this Contract does hereby covenant and agree, that: 11.1 No person on the grounds of race, creed, color, sex, age, handicap, or national origin shall Page 12 of 22 be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of the Premises. 11.2 In the construction of any improvements on, over, or under the Premises and the furnishing of services thereon, no person on the grounds of race, creed, color, sex, age, handicap, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination; and 11.3 The Broker shall use the Premises in compliance with all other requirements imposed by or pursuant to 14 CPR Part 152 and Title VI of the Civil Rights Act of 1964 and 49 CFR, Subtitle A, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as such Title and Regulations may be amended. ARTICLE XII DEFAULT AND TERMINATION Termination by Airport. This Contract shall be subject to termination by the Airport at any time in the opinion of the Airport the Broker fails to carry out the Contract provisions of any one or more of the following events: 12.1 The default by Broker in the performance of any of the terms, covenants, or conditions of the Contract, and/or the failure of Broker to remedy, or undertake to remedy with sufficient forces and to the Airport's reasonable satisfaction. The Airport shell provide the Broker with notice of any conditions which violate or endanger the performance of the Contract. If after such notice the Broker mils to remedy such conditions within thirty (30) days to the satisfaction of the Airport, the Airport may exercise its option in writing to terminate the Contract without further notice to the Broker and order the Broker to stop providing services immediately and vacate the premises; and to cancel ordered products with no expense to the Airport. 12.2 Broker files a voluntary petition in bankruptcy, including a reorganization plan, makes a general or other assignment for the benefit of creditors, is adjudicated as bankrupt or if a receiver is appointed for the benefit of creditors, is adjudicated as bankrupt or if a receiver Page 13 of 22 is appointed for the property or affairs of Broker and such receivership is not vacated within thirty (30) days after the appointment of such receiver. 12.3 Broker's failure to provide services according to the specifications contained herein. 12.4 Broker’s failure to keep, perform, or observe any other term or condition of this Contract. 12.5 Broker’s performance of the Contract is unreasonably delayed. 12.6 The Airport reserves the right to terminate this Contract if the services provided under this Contract do not meet or exceed existing industry standards. The Airport reserves the right to make the final determination as to the quality of services. ARTICLE XIII MISCELLANEOUS PROVISIONS 13.1 Entire Agreement. This Contract constitutes the entire agreement between the parties, and as of its effective date supersedes all prior or independent contracts between the parties covering the subject matter hereof for the services to be provided, and all representations, warranties, inducements, promises or contracts, oral or otherwise, between the parties not embodied in this Contract shall be of no force or effect. 13.2 The Airport hereby engages the Broker and Broker hereby agrees, to perform the services hereinafter set forth in accordance with this Contract, consisting of the following documents: 13.2.1 Any amendments as mutually agreed and signed by both parties; 13.2.2 Any subsequent Change Orders as mutually agreed to and approved by Airport; 13.2.3 Broker's insurance certificates; 13.2.4 Broker's licenses and permits; 13.2.5 Specified portions of Broker's RFP; and 13.2.6 Broker's Required Submittals. 13.3 Modifications. The Airport and Broker hereby agree no modifications or amendment to this Contract shall not be binding upon the parties unless the same is in writing, conforms to the Airport's policies and procedures governing change orders, is signed by the Airport's Page 14 of 22 and the Broker's duly authorized representatives in the same manner as this Contract is executed. 13.4 Severability. If a provision or term hereof shall be finally declared void or illegal by any court or administrative agency having jurisdiction, the entire Contract shall not be void, but the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. 13.5 Notice. Any notice given by one party to the other in connection with this Contract shall be in writing and shall be sent by certified mail, return receipt requested with postage and fees prepaid to: The Airport: Augusta Aviation Commission Attention: Airport Executive Director 1501 Aviation Way Augusta, GA 30906 With a Copy to: General Counsel Augusta Law Department 535 Telfair Street, Suite 3000 Augusta, Georgia 30901-2374 If to Broker, addressed to: Blanchard & Calhoun Insurance Agency, Inc. Attention: Preston Moss 245 Davis Road Augusta, GA 30907 Notices shall be deemed to have been received on the date of receipt as shown on the return receipt. 13.6 Headings. The headings used in this Contract are intended for convenience and reference only and do not define or limit the scope or meaning of any provision of this Contract. 13.7 Force Majeure. Neither party shall be held to be in breach of this Contract because of any failure to perform any of its obligations hereunder if said failure is due to any act of God, Page 15 of 22 fire, flood, accident, strike, riot, insurrection, war, or any other cause over which that party has no control. Such party shall give notice and full particulars of such Force Majeure in writing to the other party within a reasonable time after occurrence of the event and the obligation of the party giving such notice shall endeavor to remove or overcome such inability with all reasonable dispatch. 13.8 Waiver. The waiver of any breach, violation, or default in or with respect to the performance or observance of the covenants and conditions contained herein shall not be taken to constitute a waiver of any subsequent breach, violation, or default in or with respect to the same or any other covenant or condition hereof. 13.9 Controlling Law and Venue. All claims, disputes, and other matters in question between and the Broker arising out of or relating to the Agreement, or the breach thereof shall be decided in the Superior Court of Richmond County, Georgia. The Broker, by executing this Agreement, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. 13.10 Dispute. Any disputes regarding the terms or conditions or performance under this Contract shall be amicably resolved if possible. If efforts by both parties to resolve the disputes are unsuccessful, all disputes shall first be resolved through non-binding arbitration or mediation. If the parties cannot come to a resolution through arbitration or mediation, the aggrieved party may file a civil action in a court of law. Each party shall be responsible for its own costs and fees, including attorney’s fees, for the arbitration, mediation, or a civil action. 13.11 Broker Affidavit and Compliance. Pursuant to the Georgia Security and Immigration Compliance Act of 2006, the Broker understands and agrees that compliance with the requirements of O.C.G.A. § 13-10-91 and Georgia Department of Labor Rule 300-10-.02 are conditions of this Contract. The Broker further agrees that such compliance shall be attested by the Broker through execution of the Broker affidavit required by Georgia Department of Labor Rule 300-10-1-.07, or a substantially similar Broker affidavit. The Broker's fully executed affidavit is attached hereto and is incorporated into this Contract Page 16 of 22 by reference. 13.12 Successors and Assigns. This Contract shall be binding on the parties hereto, their successors and assigns, the Broker agrees and understands that it may not transfer or assign this Contract or any of its right or obligations hereunder without written permission of Augusta. 13.13 Broker's Representations: The Broker represents and warrants to the Airport that this Contract and the Broker's obligation hereunder do not violate any applicable federal, state, or local law, rule, or regulation and that in the event any approvals of any governmental entity are required for the performance of any Broker's obligations hereunder, all such approvals shall be obtained by the Broker at its sole costs and expense in a timely manner. The Broker represents and warrants to the Airport that no such approvals of any governmental entity involved in the regulation of banking activities are required to be obtained by the Broker in connection with the performance by the Broker of any of its obligations hereunder or the exercise of any of its rights hereunder, or as a result of the performance by the Broker of any of its obligations hereunder. The Broker further warrants that it is a validly existing Georgia corporation and that it has all the necessary licensing and permits to provide the services herein. 13.14 Existence and Powers. The Broker is duly organized and validly existing under the laws of Georgia and is duly qualified to do business in the State of Georgia, with full power, authority, and legal right to enter into and perform its obligations under this Contract. 13.15 Due Authorization and Binding Obligation. This Contract has been duly authorized, executed and delivered by the Broker and constitutes a legal, valid end binding obligation of the Broker, enforceable against the Broker in accordance with its terms, except to the extent its enforceability may be limited by (i) applicable bankruptcy, reorganization, moratorium or similar laws affecting enforcement of creditors' rights or remedies generally, (ii) general equitable principles concerning remedies, and (iii) limitations on the enforceability of rights to indemnification by federal or State laws or regulations or public policy. Page 17 of 22 13.16. No Conflict. To its knowledge, neither the execution nor delivery of this Contract by the Broker , nor the performance by the Broker of its obligations hereunder (i) conflicts with, violates or results in a material breach of any law or governmental regulation applicable to the Broker, (ii) conflicts with, violates or results in a material breach of any term or condition of any order, judgment or decree, or any contract, Contract or instrument, to which Broker is a party or by which Broker or any of its properties or assets are bound, or constitutes a material default under any of the foregoing, or (iii) constitutes a default under or results in the creation of, any lien, charge, encumbrance or security interest upon any assets of the Broker under any Contract or instrument to which the Broker is a party or by which the Broker or its assets may be bound or affected. 13.17 No Approvals Required. No approval, authorization, order, or consent of, or declaration, registration or filing with, any Governmental Authority is required for the valid execution and delivery of this Contract by the Broker or the performance of its obligations hereunder, except such as have been duly obtained or made. 13.18 Financial Condition. There has been no material adverse change in the financial condition of the Broker that would impair the ability of the Broker to perform its obligations under this Contract. 13.19 No Collusion. The Broker- s proposal is genuine and not collusive or a sham. The Broker has not colluded, conspired, connived, or agreed, directly or indirectly, with any other person, to put in a sham proposal, or to refrain from proposing, and has not in any manner, directly or indirectly, sought, by Contract, collusion, communication or conference with any person, to fix the prices of the Broker's proposal or the proposals of any other Person or to secure any advantage against any Person interested in this Contract. 13.20 Information Supplied by Broker. The information supplied and representations and warranties made by the Broker are true, correct, and complete in all material respects. The Broker's proposal does not contain, and shall not contain, any untrue statement of a material fact or omit to state a material fact required to be stated therein, or necessary in order to make the statements therein not misleading. Page 18 of 22 13.21 Ethics, Gratuities and Kickbacks. Neither the Brok.er, any subsidiary, or any agent or other representative of the Broker has given or agreed to give, any employee or former employee of Augusta or Airport or any other person, a gratuity, or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation or any part of a procurement requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing. or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter pertaining to any procurement requirement or a contract or subcontract, or to any solicitation or proposal for a contract or subcontract. Notwithstanding any other provision hereof, for the breach or violation of this representation and warranty and upon a finding after notice and hearing, Augusta may terminate this Contract. 13.22 Contingent Fees. The Broker has not employed or retained any Broker or person, other than a bona fide employee working for the Broker, to solicit or secure this Contract; and the Broker has not paid or agreed to pay any Broker, association, corporation, firm, or person, other than a bona fide employee working tor the .8roker, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Contract. For the breach or violation of this representation and warranty and upon a finding after notice and hearing, the Airport may terminate this Contract and, at its discretion. may deduct from fees or otherwise recover, the full amount of any such fee, commission, percent gift or consideration. 13.23 Compliance with Laws. The Broker shall promptly observe and comply with applicable provisions of all published federal, state and local laws, rules and regulations which govern or apply to the services rendered by the Broker herein, or to the wages paid by the Broker to its employees. 13.24 Permits and Licensing. The Broker will procure and keep in force during the term of this Contract all necessary licenses, registrations, certificates, permits, and other authorizations as are required herein and/or by Georgia and federal laws. Page 19 of 22 13.25 Entire Contract. This Contract constitutes the entire agreement between the parties hereto and no other representation, warranties, or contracts, whether written or oral, shall be binding on either of the parties. This Contract may not be modified except by an instrument in writing signed by both parties. 13.26 The Airport’s contact for this Contract shall be Timothy Weegar. 13.27 Broker's contact for this Contract shall be Preston Moss. IN WITNESS WHEREOF, the parties hereto have executed this Contract, the day and year first written above. AUGUSTA, GEORGIA BLANCHARD & CALHOUN _________________________________ ____________________________________ Hardie Davis, Jr. Preston Moss Mayor President Attest: ______________________________ Witness:_____________________________ Lena J. Bonner, Clerk of Commission (SEAL) AUGUSTA AVIATION COMMISSION By: _____________________________ James Germany Aviation Commission Chairperson Attest: _______________________________ Dereena Harris, Clerk Page 20 of 22 EXHIBIT A REQUIRED SUBMITTALS FOR RFP 22-141 Page 21 of 22 EXHIBIT B SPECIFIED PORTIONS OF BROKER’S PROPOSAL Page 22 of 22 EXHIBIT C BROKER’S COST PROPOSAL Request for Proposals Request for Proposals will be received at this office until Wednesday, July 6, 2022 @ 11:00 a.m. via ZOOM Meeting ID: 860 4292 2302; Passcode: 135819 for furnishing RFP Item # 22-141 Airport Insurance Brokerage Services for Augusta, GA – Augusta Regional Airport 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). Pre-Proposal Conference will be held on Tuesday, June 14, 2022 @ 10:00 a.m. via ZOOM – Meeting ID: 843 3661 4022; Passcode: 471060 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 Wednesday, June 15, 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). 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 May 19, 26, 2022 and June 2, 9, 2022 Metro Courier May 19, 2022 Revised: 3/22/21 OFFICIAL VENDORS Attachment "B" Addendum 1 E-Verify Number SAVE Form Original 7 Copies Fee Proposal Legacy Risk Solutions, LLC dba Blanchard & Calhoun Insurance Agency 245 Davis Road Augusta, GA 30907 Yes Yes 687803 Yes Yes Yes Yes Total Number Specifications Mailed Out: 21 Total Number Specifications Download (Demandstar): 4 Total Electronic Notifications (Demandstar): 165 Georgia Procurement Registry: 1196 Total packages submitted: 1 Total Noncompliant: 0 RFP Opening - RFP Item #22-141 Airport Insurance Brokerage Services for Augusta, GA –Augusta Regional Airport Date: Wednesday, July 6, 2022 @ 11:00 a.m. via ZOOM Page 1 of 1 Legacy Risk Solutions, LLC dba Blanchard & Calhoun Insurance Agency 245 Davis Road Augusta, GA 30907 Legacy Risk Solutions, LLC dba Blanchard & Calhoun Insurance Agency 245 Davis Road Augusta, GA 30907 Ranking of 0-5 (Enter a Evaluation Criteria Ranking Points Scale 0 (Low) to 5 (High) 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 2. Qualifications & Experience (0-5)20 5.0 100.0 3. Organization & Approach (0-5)15 5.0 75.0 4.Scope of Services – Provide experience and approach to the Scope of Services included in Section 4 and to include the following: • Firms Knowledge and Understanding of aviation-related Insurance needs and coverage requirements. • Firms’ qualifications and aviation-related Insurance Experience of Agent assigned to accounts. • Services and Management Approach to Servicing account. • Demonstrated Knowledge and Understanding of aviation-related insurance market trends. (0-5)20 5.0 100.0 5. Financial Stability (0-5)5 3.5 17.5 6. References (0-5)5 5.0 25.0 a. Within Richmond County 10 points 5 10 5.0 50.0 b. Within CSRA 6 points 5 6 0.0 c. Within Georgia 4 points 5 4 0.0 d. Within SE United States (includes AL, TN, NC, SC, FL) 2 points 5 2 0.0 e. All Others 1 points 5 1 0.0 375 23.5 367.5 8. Presentation by Team (0-5)10 0 9. Q&A Response to Panel Questions (0-5)5 0 Lowest Fees 5 10 5.0 50.0 Second 5 6 0.0 Third 5 4 0.0 Forth 5 2 0.0 Fifth 5 1 0.0 125 5.0 50.0 500 28.5 417.5 Phase 1 Total - (Total Maximum Ranking 25 - Maximum Weighted Total Possible 375) Vendors Phase 1 RFP Evaluation Sheet - RFP Item #22-141 Airport Insurance Brokerage Services for Augusta, GA – Augusta Regional Airport Evaluation Meeting: Wednesday, July 20, 2022 @ 2:00 p.m. Weighted Scores 7. Proximity to Area Procurement DepartmentRepresentative:_________Nancy Williams_________________________________ Procurement Department Completion Date: 7/18/22 Phase 2 (Option - Numbers 8-9) (Vendors May Not Receive Less Than a 3 Ranking in Any Category to be Considered for Award) Internal Use Only Evaluator: Cumulative Date: 7/15/2022 Total (Total Possible Score 500) Total (May not Receive Less Than a 3 Ranking in Any Category to be Considered for Award) Total Phase 2 - (Total Maximum Ranking 15 - Maximum Weighted Total Possible 125) Total Cumulative Score (Maximum point is 500) 10. Cost/Fee Proposal Consideration (only choose 1 line according to dollar value of the proposal in relation to all fee proposals - enter the point value for the one line only) 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 8/30/2022 1:00 PM RFP 22-151 Contract between Augusta Regional Airport and Blanchard & Calhoun Insurance Agency, Inc. Department:Augusta Regional Airport Presenter:Herbert Judon Caption:Motion to approve Contract between Augusta Regional Airport and Blanchard and Calhoun Insurance Agency, Inc. for RFP 22-141 Insurance Brokerage Services. Approved by the Augusta Aviation Commission on August 11, 2022. Background:On July 6, 2022, the Airport issued an RFP seeking an insurance broker to provide all insurance services to the Airport. The Broker shall review the Airport’s existing coverages and contracts and make recommendations and suggestions for new services and products to include Aviation Commercial General Liability, Business Auto-Pilot Courtesy Cars, Business Auto- Fleet, Commercial Inland Marine, Directors and Officers Liability, Pollution Liability and Terrorism. The Broker will also be responsible for making recommendations to the Augusta Regional Airport Aviation Commission of the most advantageous insurance programs providing the highest level of coverage at the best possible price to meet the Airport’s needs and objectives. Analysis:In response to RFP Item #22-141 the one (1) proposal received was from Blanchard and Calhoun. This proposal was scored using an evaluation sheet provided by Procurement, with a total possible score of 500. Evaluation criteria included qualifications and experience, organization and approach, financial stability, references and cost/fee consideration. Their Fee Proposal was submitted in a separate sealed envelope and was not opened until the remainder of the RFP Evaluation sheet had been scored. Excluding the Cost fee Consideration, Blanchard and Calhoun Insurance Agency, Inc. received a cumulative score of 417.5. Blanchard and Calhoun’s fee proposal was percentage based on each policy provided which included Business Auto 10%, Directors & Officers Liability 15.5%, Auto Fleet Scheduled Art 15.5%, Pollution Liability 10% and Aviation General Liability 15%. These percentages are paid by the insurance carriers/underwriters, not the Airport. The evaluation committee (i.e., Airport Staff and Procurement) determined that their percentages are within fair market value. Financial Impact: Alternatives:To Deny. Recommendation:Recommend Approval. Approved by the Augusta Aviation Commission on August 11, 2022. Funds are Available in the Following Accounts: 551081101-5231110 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission 1 TRANSIT SERVICE AGREEMENT BETWEEN AUGUSTA, GEORGIA AND STVT-AAI EDUCATION, INC. DBA MILLER-MOTTE COLLEGE No. Augusta Transit Department THIS AGREEMENT, made as of this _____ day of __________, 2022, (hereinafter called the “execution date”) by and between, Augusta, Georgia (hereinafter referred to as “Augusta, Georgia” or “Augusta”), a political subdivision of the state of Georgia, by and through its Augusta Transit Department (“Augusta Transit”) and STVT-AAI Education, Inc. dba Miller-Motte College (hereinafter referred to as "Miller-Motte”). ARTICLE I. TERM AND RENEWAL This Agreement shall commence on ____________, 2022. The initial term of this Agreement shall be through ______________. This Agreement shall (i) terminate absolutely and without further obligation on the part of Augusta each and every December 31st 11:59 P.M., as required by OCGA § 36-60-13, as amended, unless terminated earlier in accordance with the termination provisions in this Article of this Agreement; (ii) automatically renew on January 1st at 12:00 A.M., unless terminated in accordance with the termination provisions of this Article 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 Commissioners and executed by the Augusta, Georgia Mayor and Miller-Motte in accordance with the terms of this Agreement. ARTICLE II. OBLIGATION AND PAYMENT FOR SERVICES Miller-Motte shall prepay to Augusta Transit a fee of two dollars and seventy-five cents ($2.75) per school quarter/semester, per student who possesses a valid student identification card for the semester specified. Miller-Motte shall provide official student enrollment figures to Augusta Transit on or before the thirtieth (30th) day of class each semester. Augusta Transit shall provide an invoice to Miller-Motte each semester based on the official student enrollment report. Payment shall be made payable to Augusta Transit on or before the thirtieth (30th) day of classes of each semester and such payment shall be sent directly to Augusta Transit for deposit and tracking purposes. Augusta Transit shall provide transportation service at no direct charge to the student or additional cost to Miller-Motte on all existing routes. Students must present a valid student identification card issued by Miller-Motte for the current school semester. Students with a valid student identification card issued by Miller-Motte may ride on all existing routes from the first scheduled day of classes each semester up to the beginning date of the next semester. Students will be provided this service on all days that regular route services are in operation through Augusta Transit. Holidays which are contained in Exhibit “A” (which is attached hereto and incorporated by reference herein) will be excluded except as noted. 2 ARTICLE III. TERMINATION A. Termination for Convenience. Each Party may, for its own convenience, without cause and without prejudice to any other right or remedy of the other Party, elect to terminate the Agreement, in whole or in part, by delivering to the other party, at the address listed in the Notices Article of this Agreement, a written notice of termination specifying the effective date of termination. Such notice shall be delivered to the other Party at least sixty (60) days prior to the effective date of termination. B. Termination for Default. If Miller-Motte fails to perform in the manner called for in the Agreement, or if Miller-Motte fails to comply with any other provisions of the Agreement, Augusta may terminate this Agreement for default. Termination shall be affected by serving a notice of termination to Miller-Motte setting forth the manner in which Miller-Motte is in default. Miller-Motte shall be liable only for payment under the payment provisions of this Agreement for services rendered before the effective date of termination. If it is determined that Miller-Motte was not in default or that the failure to perform is excusable, a termination for default will be considered to have been a termination for the convenience of Augusta, Georgia and the rights and obligations of the parties shall be governed accordingly. If this Agreement is terminated by Augusta pursuant to paragraph A or B above, the termination will not affect any rights or remedies of Augusta then existing or which may thereafter accrue against _______________. C. Miller-Motte Default - If Miller-Motte defaults by failing to substantially perform, in accordance with the terms of this Agreement, Augusta in its sole discretion may, in the case of a termination for breach or default, allow Miller-Motte an appropriately short period of time in which to cure the defect. In such case, the notice of termination shall state the time period in which cure is permitted and other appropriate conditions. If Miller-Motte fails to remedy to Augusta’s satisfaction the breach or default or any of the terms, covenants, or conditions of this Agreement within ten (10) days after receipt by Miller-Motte or written notice from the Augusta setting forth the nature of said breach or default, Augusta shall have the right to terminate the Agreement without any further obligation to Miller-Motte. Any such termination for default shall not in any way operate to preclude the Augusta from also pursuing all available remedies against Miller-Motte for said breach or default. D. Waiver of Remedies for any Breach. In the event that the Augusta elects to waive its remedies for any breach by Miller-Motte of any covenant, term or condition of this Agreement, such waiver by the Augusta shall not limit its remedies for any succeeding breach of that or of any other term, covenant, or condition of this Agreement. E. Augusta Default - If Augusta defaults by failing to substantially perform, in accordance with the terms of this Agreement, Miller-Motte shall provide written notice to Augusta setting forth the nature of the default and the request for cure within 30 calendar days from the date of 3 receipt of the written notice. In such case, the written notice shall state the time period in which cure is permitted and other appropriate conditions. If Augusta fails to remedy to Miller-Motte's satisfaction the breach or default within 30 days after receipt by Augusta of written notice, Miller-Motte shall have the right to terminate the Agreement without any further obligation to Augusta. F. Augusta, Georgia, may, in its sole discretion, terminate this Agreement immediately for any breach of this Agreement by Miller-Motte, including its students, which endangers or could endanger the public health, safety or welfare, or which jeopardizes, or could jeopardize, in the reasonable opinion of Augusta, its financial condition or Augusta’s ability to continue receiving appropriations. Notice of Termination under this subsection shall be in writing and shall be effective upon delivery to Miller-Motte. G. Except as otherwise provided in this agreement, neither party shall be entitled to recover, lost profits, special, consequential, or punitive damages, attorney’s fees, or costs from the other party to this Agreement for any reason whatsoever. ARTICLE IV. NOTICE Any notice or consent required to be given by or on behalf of any party hereto to any other party hereto shall be in writing and shall be sent by (a) registered or certified United States mail, return receipt requested, postage prepaid, (b) personal delivery to Augusta’s Chief Executive Officer and the Executive Assistant, (c) overnight courier service, or (d) delivered in person to the Miller- Motte College or its authorized representative. All notices sent to the addresses listed below shall be binding unless said address is changed in writing no less than two weeks before such notice is sent. Future changes in address shall be effective upon written notice being given via certified first class U.S. mail, return receipt requested. Such notices will be addressed as follows: If to Augusta: Augusta, Georgia Office of the Mayor 535 Telfair Street, Suite 200 Augusta, GA 30901 With a copy to: Sharon Dottery, Director Augusta Transit 2844 Regency Blvd Augusta, Georgia 30904 If to Miller-Motte: Miller-Motte College Pamela Fable Executive Director 4 3128 Deans Bridge Road Augusta, Georgia 30906 ARTICLE IV. GENERAL INFORMATION A. Hold Harmless. To the fullest extent of the law, Miller-Motte covenants and agrees that it will indemnify and hold harmless Augusta, Georgia and all of the county's officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, action, neglect or omission by Miller-Motte or any of its student riders during the performance of this Agreement, whether direct or indirect, and whether to any person or property to which Augusta, Georgia or said parties may be subject, accept that Miller-Motte, will not be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from sole negligence of Augusta, Georgia or any of its officers, agents or employees. B. Georgia Laws Govern. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Georgia. C. Venue. This Agreement shall be deemed to have been made and performed in Augusta, Georgia. For the purpose of venue, all suits or causes of action arising out of this Agreement shall be brought in the Superior Court of Richmond County, Georgia. Miller-Motte, by executing this Agreement, specifically consents to jurisdiction and venue in Richmond County and waives any right to contest the jurisdiction and venue in the Superior Court of Richmond County, Georgia. D. Assignments. Augusta has entered into this Agreement in part on the basis of personal reliance in the integrity and qualifications of Miller-Motte. Miller-Motte agrees it shall not delegate, assign, subcontract, transfer, pledge, convey, sell, or otherwise dispose of the whole or any part of this Agreement or its right, title, or interest therein to any person, firm, or corporation without the previous written consent of Augusta. Any attempted assignment by Miller-Motte without prior express written approval of Augusta shall at Augusta’s sole option terminate this Agreement. E. Excused Performance. If because of riots, war, public emergency or calamity, fire, flood, earthquake, act of God, government restriction, labor disturbance or strike, transit operations through Augusta, Georgia are interrupted or stopped, performance of this agreement, with the exception of moneys already due and owing, shall be suspended and excused to the extent commensurate with such interfering occurrence. The expiration date of this agreement may be extended for a period of time equal to the time that such default in performance is excused. F. Inclement Weather Cancellation or Delay of Service. Augusta, Georgia shall not charge for days when shuttle or bus service is cancelled due to inclement weather or general government closure. Augusta Transit shall advise the Office of the President as to the times of delays and/or cancellations of transit services. G. Licenses, Permits and Certifications. Miller-Motte hereby warrants and represents that at all times 5 during the term of this Agreement it shall maintain in good standing all required licenses, certifications, and permits required under federal, state and local laws. H. Waiver. The waiver by either party of any failure on the part of the other party to perform in accordance with any of the terms or conditions of this Agreement shall not be construed as a waiver of any future or continuing similar or dissimilar failure. I. Severability. In the event any provision of this Agreement is held to be unenforceable for any reason, the remainder of the Agreement shall be in full force and effect and enforceable in accordance with its terms. J. No Conflict. Contractor represents and warrants that it presently has no interest, direct or indirect, and covenants and agrees that it will not, during the term of this Agreement, acquire any interest, direct or indirect that would conflict in any manner or degree with the performance of its duties and obligations hereunder. Contractor further covenants and agrees for itself, its agents, employees, directors and officers to comply fully with the provisions of the Official Code of Georgia (OCGA §§45-10-20 et. seq.) and the provisions of the Augusta, Georgia Code of Ethics governing conflicts of interest of persons doing business with Augusta, as such provisions now exist and may be amended hereafter. Miller-Motte represents and warrants that such provisions are not and will not be violated by the Agreement or its performance hereunder. K. Compliance with Applicable Laws. The Contractor’s attention is directed to the fact that all applicable federal, state, and County laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over this type of service shall apply to the Agreement throughout, and they will be deemed to be included in the Agreement the same as though herein written out in full. Miller-Motte shall keep itself and its employees fully informed of all laws, ordinances, and regulations in any manner affecting those engaged or employed in the Work or the materials used in the Work or in any way affecting the conduct of the Work and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If Miller-Motte discovers any discrepancy or inconsistency in this Agreement in relation to any such law, regulation, ordinance, order, or decree, it shall promptly report the same, in writing, to Augusta. Miller-Motte shall at all times observe and comply with all such laws, ordinances, and regulations, and shall protect and indemnify Augusta and its agents against any all damages and claims arising out of any violation of such law, ordinance, regulation, order, or decree, whether by Miller-Motte or its employees. L. Georgia Open Records Act. Miller-Motte shall comply with the Georgia Open Records Act, OCGA § 50-18-70 et seq. M. Foreign Corporations. In the event that Miller-Motte is a foreign corporation, partnership, or sole proprietorship, it hereby irrevocably appoints the Georgia Secretary of State as its agent for service of all legal process for the purposes of this Agreement only. N. Judicial Interpretation. The law of the State of Georgia shall govern the construction of this Agreement. Should any provision of this Agreement require judicial interpretation, it is agreed that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that 6 a document is to be construed more strictly against the party who itself or through its agent prepared same, it being agreed that the agents of all parties have participated in the preparation hereof and all parties have had an adequate opportunity to consult with legal counsel. In interpreting this Agreement in its entirety, the printed provisions of this Agreement and any additions written or typed hereon shall be given equal weight, and there shall be no inference, by operation of law or otherwise, that any provision of this Agreement shall be construed against either party hereto. O. Modification. Miller-Motte 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. P. Sole Agreement. This Agreement constitutes the sole agreement between the parties. No representations oral or written not incorporated herein shall be binding upon the parties. No amendment or modifications of this Agreement shall be enforceable unless approval by action of Augusta. [THIS SPACE INTENTIONALLY LEFT BLANK] 7 IN WITNESS WHEREOF, the parties hereto have caused the Agreement contained in this Attachment to be executed in two counterparts, each to be considered as an original by their authorized representative. STVT-AAI Education, Inc. dba Miller-Motte College ____________________________________ By: Bill Nance, President & CEO Augusta, Georgia ____________________________________ Hardie Davis, Jr., Mayor Attest: ____________________________________ Notary Public My Commission Expires: ___________________________________ Lena J. Bonner, Clerk of Commission 8 EXHIBIT A HOLIDAYS OBSERVED BY AUGUSTA, GEORGIA New Year’s Day Martin Luther King, Jr. Day Good Friday (Office closed, Buses will operate) Memorial Day Juneteenth Independence Day Labor Day Veterans Day (Office closed, Buses will operate) Thanksgiving Day Day after Thanksgiving (Office closed, Buses will operate) Christmas Eve (Service stops at 6:00p) Christmas Day Public Service Committee Meeting 8/30/2022 1:00 PM STVT-AAI Education, dba Miller Motte College Service Agreement Department:Augusta Transit Presenter:Sharon Dottery Caption:Motion to approve a student transportation contract with transit fees of $2.75 per student per quarter for STVT-AAI Education, Inc. dba Miller Motte College (hereinafter referred to as “Miller-Motte”) students to receive transportation services to and from campus with valid student identification cards issued by the college at no direct charge to the student as presently being offered to other area colleges. Background:Miller Motte College is an accredited two-year college offering associate degree programs. Miller Motte College would like to afford their students transportation services. The students will show there ID provided by the college and board the bus. Analysis:Support of the transit service would afford students without transportation the opportunity to attend Miller Motte College. Billing will be based upon student enrollment. Financial Impact:Increase in Transit Revenue. Alternatives:Deny. Recommendation:Approve the request for service. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Public Service Committee Meeting 8/30/2022 1:00 PM Direct Payment of Aircraft Accident Damages Department:Augusta Regional Airport Presenter:Herbert Judon Caption:Motion to approve direct payments of aircraft accident damages in the cumulative amount of $63,981.54. Approved by the Augusta Aviation Commission on July 28, 2022. Background:The Augusta Regional Airport (AGS) incurred two instances of aircraft damage during the 2022 Masters Golf Tournament Season. They are as follows: On April 8, 2022, jet blast entered the cabin and damaged the interior door of a Gulfstream G550. The costs for inspection, damage reimbursement, and loss of use totaled $32,863.18. On May 25, 2022, while in the process of repositioning a King Air into a hangar, the right elevator came in contact with a support beam in the hangar, causing damage to the aircraft. The costs for damage reimbursement and loss of use totaled $31,118.36. It’s a higher probability that an aircraft damage will occur during the Masters Week due to the pressure to expeditiously park and accommodate arriving/departing aircraft, congestion, and the overall operating environment. However, both of the aforementioned incidents were preventable. The Airport has addressed specific employees and related internal protocols. Analysis:Due to deductible amounts and insurability concerns, it was advised to resolve these two damage claims through Airport funds in lieu of an insurance claim. This approval is required as it exceeds the Airport Executive Director’s spending authority ($25,000). AGS experienced record activity and revenues for the 2022 Masters. Therefore, despite these two incident claims, the overall revenue/expenditure ratio was/is extremely positive. Financial Impact:This project will be funded with Airport Enterprise funds. Alternatives:To Deny. Recommendation:Recommend Approval. Approved by the Augusta Aviation Commission on July 28, 2022. Funds are Available in the Following Accounts: 551081106-5751110 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Public Service Committee Meeting 8/30/2022 1:00 PM Update cemeteries maintenance efforts Department:Augusta Commission Presenter:Commissioner Catherine McKnight Caption: Update on the maintenance of the medians on Greene Street and Cemeteries as to what efforts have been made to get the grass cut, removing the dead scrub and weeds that are taken over. (Requested by Commissioner Catherine McKnight) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Public Service Committee Meeting 8/30/2022 1:00 PM Minutes Department: Presenter: Caption:Motion to approve the minutes of the Public Services Committee held on August 9, 2022. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Public Service Committee Meeting 8/30/2022 1:00 PM Mr. Maher Naber Department: Presenter:Mr. Maher Naber Caption:Consider a request from Mr. Maher Naber for a special use permit for 726 Broad Street. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: