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HomeMy WebLinkAboutEquipment Lease with GEO-Marine Augusta Richmond GA DOCUMENT NAME: ~ 't 0 I p"" &;<,v,- L.tA- "" IG (,J1,--1+ G- t 0 - (Y1 f\ I< I f\I 6" ~ DOCUMENT TYPE: L G Y-1 S E: YEAR: ~ 00 -;;t BOX NUMBER: J l.p FILE NUMBER: ) ~ g '17 NUMBER OF PAGES: I i AUGUSTA-RICHMOND COUNTY CO~MISSION JAMES B. WALL CITY A lTORNEY LEE BEARD TOMMY BOYLES ULMER BRIDGES ANDY CHEEK BOBBY G. HANKERSON WILLIAM B. KUHLKE, JR. WM. "WILLIE" H. MA YS, III STEPHEN E. SHEPARD MARION WILLIAMS BOB YOlJNG Mayor P.O. Box2125 454 GREENE STREET AUGUSTA, GA 30903 Bus. (706) 821-2488 FAX No: (706) 722-5984 E-MAIL: JWALL@co.RICIIMOND.GA.US August 6, 2002 GEORGE R. KOLB Administrator RICHARD L. COLCLOlJGH Mayor Pro Tem ./- Ms. Lena Bonner Clerk, Commission 8th Floor, City-County Bldg. Augusta, GA 309]] RE: Equipment Lease Agreement with QEO-MARINE and AUGUST A Dear Lena: I enclose herewith one duplicate executed origi nal of the Lease Agreement for the Mobile Avian Radar System. Please include this in the City's permanent records. With best personal regards, I am Yours very truly, ~ James B. Wall/;Q,..f JBW/sjp Enclosure " GEO-MARINE, INC. MARS Equipment Lease Equipment Lease Agreement Mobile Avian Radar System (MARS) This equipment lease is entered into between GEO-MARINE, INC., 550 East 15th Street, PIano, Texas 75074 (GM! or Lessor), and AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, (Lessee). Lessor hereby leases to Lessee the equipment described in this Lease and any attachments and schedules on the terms and conditions set forth in this Lease. All of the undersigned parties hereby accept the lease and all of its terms. The terms of the lease are as follows: ARTICLE 1: EQUIPMENT & SUPPORT SERVICES This lease agreement covers the equipment (equipment or property) and services as described below: 1.01 Equipment to be Leased: This Lease pertains to the following equipment to be provided by Lessor: One (1) Mobile Avian Radar System (MARS) bird detection radar system, Model XVM, designed and manufactured by Geo-Marine, Inc., Avian Research Laboratory, Panama City, Florida. The MARS XVM unit consists of a X-Band modified marine radar system (3 em wavelength) including the antenna, magnetron, processor and display monitor; operating computer system, software and interface cards; antenna mast; diesel electrical generator; and, equipment housing assembled onto a mobile trailer unit. The radar antenna mast is configured be manually adjustable to operate in a horizontal (surveillance) mode and a vertical (VerCat) mode to locate, track and identify airborne biological targets (specifically birds) within an approximate range of three (3) nautical miles. In VerCat mode the radar beam is focused into a corridor of interest (such as the approach corridor to a runway) to allow for the estimation of target altitude. Radar data is captured for immediate possessing by the computer system using proprietary software algorithms developed and owned by GM! to develop site-specific clutter mapping (updated every thirty minutes) for classification of residual targets using a variety of parameters that allows for identification of biological targets as well as target classification by size. The data collected by VerCat is immediately available via the display monitor for operator analysis and is recorded into a Microsoft Access database. The data sets require manual periodic downloading after every 48 to 72 hours depending on the dataset size. When operated in the horizontal mode, the radar scans the area in a horizontal plane and data generated indicates the direction of bird movements (such as around the airport). 1.02 Services and Support: Upon delivery of the equipment, Lessor will provide the initial set- up of the unit and will provide 40 hours of Lessee operator training to include delivery of operating and service manuals and hands-on training of Lessee representatives in system operation, set-up, transport, and care and maintenance. The cost of equipment delivery and the initial set-up and operations training is included in the rental rate. Lessor additionally throughout Page 10/9 GEO-MARINE,INC. MARS Equipment Lease the term of the lease will provide remote telephone help-desk support, troubleshooting and data analysis as requested by Lessee's authorized representatives. ARTICLE 2: TERM OF LEASE Initial Term 2.01. Lease Term: The term of this Lease is 36 (thirty-six) months commencing on the 1st day of August, 2002 and ending on the 31st day of July, 2005. ARTICLE 3: PAYMENTS BY LESSEE 3.01. Equipment Lease Rate: Lessee shall pay to Lessor, the monthly equipment rent of $4000.00 (four thousand dollars) payable on the first day of every month. Rental payments shall be made at Lessor's address, as set forth above, or at any other place that may be designated by Lessor or its assignees. ARTICLE 4: USE OF EQUIPMENT 4.01. Rights of Lessee: Lessee is entitled to the use, operation, possession, and control of the leased equipment during the Lease term for the application as designed and specified, provided Lessee is not in default of any provision of the Lease, and subject to any security interest Lessor may have given or may give to any third party during the Lease term. Lessee shall have absolute control, supervision, and responsibility over any operators or users of the equipment. 4.02. Duties of Lessee: (a) Lessee must use the leased equipment in a careful and proper manner for the application for which the equipment was designed and constructed (bird detection), and only in support of aircraft operations related to the Messerly Wastewater Treatment Facility and Augusta Regional Airport at Bush Field in Augusta, Georgia. Lessee agrees that the leased property will be used in accordance with the manufacturer's manuals and instructions and by competent and fully qualified and trained employees or others acting on behalf of Lessee only. Lessee agrees to reimburse Lessor in full for any and all damage to the equipment arising from any misuse or negligent act by Lessee, its employees, or its agents. (b) Lessee shall not permit any leased property to be operated or used in violation of any applicable federal, state, or local statute, law, ordinance, rule, or regulation relating to the possession, use, or maintenance of the equipment. 4.03. Warranties: Lessor hereby warrants that use of the leased equipment shall not interfere with any radar currently in use by the FAA at Augusta Regional Airport at Bush Field. 4.04. Commercial Use Limitation: Lessee represents and warrants that the leased equipment will be used for commercial or business purposes only. 4.05 Software: The operating software included with the equipment and required for operation of the equipment includes proprietary software, algorithms and code developed and owned by Lessor (GMI). All intellectual property rights in foreground information and Page 20f9 I GEO-MARINE, INC. MARS Equipment Lease background information (including, in the case of software, source code) related to algorithms, risk modeling, pattern, and radar target classification software remains the sole property of GMI. Lessor is providing the operating software for use only with the equipment covered by the lease and no other use or license is granted. Lessee agrees not to copy, transfer, transmit, decode, otherwise access, or allow access to in any manner the software incorporated into the equipment. 4.06 Open Records Act: Lessor acknowledges that all records relating to this agreement and the services under the contract may be a public record subject to Georgia's Open Record Act (O.C.G.A. ~ 50-18-70, et seq.). Lessor shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. Should Lessor contend that any record requested constitute a trade secret so as to be exempt from public disclosure, it shall designate such records as trade secrets and shall indemnify and hold Lessee harmless with respect to Lessee's failure to disclose such records based upon the contention that same are a trade secret. Such indemnification shall include all attorneys fees and expenses of litigation in defense of any attempt or litigation to compel disclosure of such records. ARTICLE 5: MAINTENANCE, REPAIRS, AND ALTERATIONS 5.01. Maintenance and Repairs: Lessee assumes all obligation and liability concerning possession of the equipment and for its use, operation, condition, and storage during the lease term. Lessee shall, at Lessee's expense, maintain the equipment in good condition and running order, excepting reasonable wear and tear resulting from the ordinary use of the equipment and will provide all routine maintenance tasks as specified in the operating manuals (to include routine inspection, lubrication, and cleaning). Lessee shall be responsible for the cost of repairs required as a result of damage to the equipment caused by any improper operations, transport, storage, extreme or unusual weather events, acts of God, or vandalism. Lessor shall, at Lessor's expense, provide all labor and parts, mechanisms, and devices required to keep the leased equipment in good running order throughout the lease period to include replacement of wear parts and replacement of parts that fail through no action of Lessee. Covered wear parts include but are not limited to, magnetrons, antenna drive motors and computer equipment and monitors. Lessee shall promptly notify Lessor of any equipment malfunctions or failures and the equipment will not be operated without the consent of Lessor or until Lessor effects the repairs. In the case of a malfunction or failure, Lessor shall promptly (within three days) provide service personnel to effect the repairs. Lessor agrees to make the necessary repairs or replace the leased equipment within fourteen (14) days. ARTICLE 6: OPERA TING EXPENSES 6.01 Operating Expenses: Lessee agrees to pay for all expenses of operating the leased property, including but not limited to operating permits, fees, registrations, fuel, electricity, and all other charges in connection with the operation of the property. ARTICLE 7: TAXES AND OTHER CHARGES Page 30/9 l GEO-MARINE, INC. MARS Equipment Lease 7.01. Lessee's Obligation To Pay Taxes: As a political subdivision of the State of Georgia, Lessee is tax exempt. 7.02. Lessee's Obligation for Other Charges: Lessee shall be liable for any fees for licenses, registrations, permits, certificates of title, and other certificates as may be required for the lawful operation of the leased property. ARTICLE 8: LESSOR'S RIGHT OF INSPECTION AND REPAIR 8.01. Inspections: Upon notice, and during reasonable business hours, Lessor has the right to enter the premises where the leased equipment is located or operated for the purpose of inspecting the property in order to ascertain its condition and manner of use. 8.02. Repair Remedy: If Lessor's inspection of the leased equipment, as described in Paragraph 8.01, reveals that any equipment covered by this Lease is not being properly maintained or utilized according to the provisions of this Lease, Lessor after notice to Lessee and following Lessee's failure to cure within 10 days after receiving notice, has the right, but not the obligation, to have the equipment repaired or maintained at the expense of Lessee. ARTICLE 9: OWNERSHIP 9.01. No Sale or Security Interest Intended: This Agreement constitutes a lease of the equipment, and is not a sale or the creation of a security interest in the leased equipment. Lessor at all times retains sole ownership and title to the leased equipment, and Lessee does not have and will not, at any time, acquire any right, title, equity, or other interest in the equipment, except the right to possession and use as provided for in this Agreement. 9.02. Identification Markings: The equipment will be delivered with GMI's labeling and signage for its bird detection systems. Lessee shall not remove, obscure, deface or obliterate the signage. Lessor additionally has the right to place and maintain, on the exterior or interior of each piece of leased equipment, the following information: This system is the sole and exclusive property of Geo-Marine, Inc., 550 East 15th Street, Piano, Texas 75074. If this Lease is assigned by Lessor, the assignee will have the same right to place and maintain an inscription as does Lessor. Lessee shall not remove, obscure, deface, or obliterate the inscription or permit any other person to do so. ARTICLE 10: INDEMNIFICATION AND LIABILITY Page 40f9 GEO-MARINE, INC. MARS Equipment Lease 10.01. Risk of Loss and Liability Assumed by Lessee: Lessee assumes all risk and liability for the loss of or damage to the leased property, for the death of or injury to any person or property of another, and for all other risks and liabilities arising from the improper use or operation of the leased equipment. Nothing in this Lease authorizes Lessee or any other person to operate any of the leased property so as to impose any liability or other obligation on Lessor. 10.02. Lessee's Duty to Hold Harmless: Lessee agrees to defend, and hold harmless Lessor, its agents, and employees from all claims, loss, or damage Lessor may sustain for any of the following reasons: (a) Loss of,or damage to, any leased property by any cause which is the fault of Lessee. (b) Injury to, or death of, any person, including but not limited to agents or employees of Lessee that is caused by the negligence of Lessee. (c) Damage to the leased property arising from the use, possession, selection, delivery, return, condition, or operation of any leased equipment. 10.03. Liability for Fines and Penalties: Lessee has sole liability for, and must reimburse Lessor for, all expenses, losses, liabilities, fines, penalties, and claims of every type, imposed by any governmental or regulatory agency or entity by virtue of Lessee's use or operation of any leased equipment, or because of the failure by Lessee to perform any of the Lease terms. 10.04. Payment of Stipulated Loss Value: If the equipment or part of the equipment becomes lost, stolen, destroyed, or damaged beyond repair, Lessee shall pay Lessor in cash the Stipulated Loss Value of the equipment. For purposes of this lease, the Stipulated Loss Value is the replacement cost of the system of $71,000 (seventy one thousand dollars) less accumulated depreciation. This Lease will terminate at the time of such payment and after paying the stipulated loss value, Lessee is entitled to the equipment on an as-is basis, without warranty by Lessor, express or implied, for any matter concerning the equipment. 10.05. Obligations Survive Lease Term: The obligations of Lessee arising under this Lease will continue in effect after the termination of the Lease, except for early termination by Lessee, upon default by Lessor. ARTICLE 11: INSURANCE 11.01. Lessee's Obligation To Maintain Casualty Insurance: Lessee shall have the right to self-insure for loss, theft, or damage to the leased property. 11.02. Insurance Certificate: statement of self-insurance. Lessee agrees to furnish Lessor with an appropriate ARTICLE 12: ASSIGNMENT Page 50/9 GEO-MARINE, INC. MARS Equipment Lease 12.01. Assignment by Lessor: Lessor may assign this Lease or any rights under it at any time without Lessee's consent. If Lessor does make an assignment, Lessor's assignee shall have all of the rights, powers, privileges, remedies and responsibilities of Lessor set forth in this Lease. Lessee shall be obligated to aI1Y assignee of Lessor only after written notice of the assignment is mailed to Lessee, either by Lessor or Lessor's assignee, by certified mail at Lessee's address listed in this Lease. 12.02. Assignment or Subletting by Lessee: Lessee may not assign this Lease or any equipment described in it, or assign any interest in the Lease or equipment, or sublet any of the leased equipment. ARTICLE 13: CIRCUMSTANCES CONSTITUTING DEFAULT Lessor may, at its option, declare Lessee in default by giving Lessee 'written notice of default on the occurrence of any of the following events: (a) Failure by Lessee to make rental payments or perform any other of its obligations as set forth in this Lease. (b) Expiration or cancellation of any insurance policy as provided for in Article 11 of this Lease. (c) Involuntary transfer of Lessee's interest in this Lease by operation of law. (d) Lessee's assignment of any interest in this Lease that is not authorized by Article 12. (e) Institution by or against Lessee of any proceedings in bankruptcy or insolvency, or the reorganization of Lessee under any law, or the appointment of a receiver or trustee for the goods and chattels of Lessee, or any assignment by Lessee for the benefit of creditors. Lessee may, at its option, declare Lessor in default by giving Lessor written notice of default on the occurrence of any of the following events: (a) Failure to effect repairs or replace the leased equipment as required by Article 5.01 of this agreement. (b) Breach of warranty provided in Article 4. ARTICLE 14: RIGHTS, REMEDIES, AND OBLIGATIONS ON DEFAULT 14.01. Lessor's Rights and Remedies: If Lessee defaults, and if a notice of default is given as specified in Article 13 and the default remains uncorrected for 10 (ten) days, Lessor may exercise anyone or more of the following remedies: (a) Termination of the Lease and Lessee's rights under this Lease as to any or all items of leased equipment. (b) A declaration that all due but unpaid rent and all other charges due under the Lease are due and payable immediately. Page 60/9 GEO-MARINE, INC. MARS Equipment Lease (c) Repossession of the equipment without legal process, free of all rights of Lessee in and to the equipment. By this provision, Lessee expressly authorizes Lessor or Lessor's agent to enter any premises owned or controlled by Lessee, or Lessee's agents and assigns, where the equipment is located for the purpose of repossessing and removing leased equipment. Lessee specifically waives any right of action Lessee might otherwise have arising out of the entry and repossession, and releases Lessor from any claim for trespass or damage caused by reason of the entry, repossession, or removal. 14.02. Lessee's Rights and Remedies: If Lessor defaults, and if a notice of default is given as specified in Article 13 and the default remains uncorrected for 10 (ten) days, Lessee may terminate this Lease and Lessor's rights under this Lease. 14.03. Remedies Cumulative: The remedies of Lessor set forth in this Article are cumulative to the extent permitted by law and may be exercised partially, concurrently, or separately. The exercise of one remedy does not preclude the exercise of any other remedy. 14.04. Failure To Enforce Not Waiver: Any failure or delay on the part of Lessor to exercise any remedy or right under this Lease is not a waiver. The failure of Lessor to require performance of any of the terms, covenants, or provisions of this Lease by Lessee will never constitute a waiver of any of the rights under the Lease. No single or partial exercise by Lessor of any remedy or right precludes any other or further exercise of that remedy or right or the exercise of any other rights or remedies. No forbearance by Lessor to exercise any rights or privileges under this Lease is a waiver, but all rights and privileges continue in effect as if no forbearance occurred. Acceptance by Lessor of rent or other payments made by Lessee after default is not a waiver of Lessor's rights and remedies arising from Lessee's default. ARTICLE 15: SURRENDER OF PROPERTY ON EXPIRATION OF LEASE 15.01. Lessee's Duty to Return: On the expiration of the lease term, or on any earlier termination of this Lease, Lessee must surrender the leased equipment to Lessor in good repair, condition, and working order, less normal wear, tear, and depreciation. Lessee agrees to surrender the leased equipment immediately on the expiration of the lease term and make the leased equipment available for pick-up by Lessor in Augusta Georgia. Should Lessor fail to remove property following 30 days after the expiration of the lease, Lessor shall forfeit all rights to the equipment. ARTICLE 16: GENERAL PROVISIONS 16.01. Notices: All notices required to be given under this Lease must be in writing. Notices under this Lease will be deemed duly served and given when either (a) personally delivered to the party or the designated agent of the party to whom they are directed; or (b) deposited in the United States mail, certified, addressed to the party at the address given for the party in this Lease. Notices under this agreement will be delivered as follows: Geo-Marine, Inc. Augusta-Richmond County Commission Tony Cecchi George Kolb Manager, Business Resources City Administrator Page 7 0/9 J . . . GEO-MARINE, INC. MARS Equipment Lease 550 East 15th Street PIano, Texas 75074 530 Greene Street Augusta, Georgia 30901 With a copy to: D. Allen Saxon, Jr. Assistant Director for Wastewater 360 Bay Street, Suite 180 Augusta, Georgia 30901 16.02. Amendment, Modification, and Waiver: This Lease may not be amended, modified, or altered in any manner except in a writing signed by all parties. No covenant or condition of this Lease may be waived except by the written consent of Lessor. Any such written waiver of any term of this Lease is effective only in the specific instance and for the specific purpose given. 16.03. Entire Agreement: This Lease and the attached Scope of Work for Avian Monitoring System (Exhibit A) constitute the entire agreement between the parties. No agreements, representations, or warranties other than those specifically set forth in this Lease are binding on any of the parties. 16.04. Choice of Law: All claims, disputes and other matters in question between Lessor and Lessee arising out of or relating to this agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The parties through the execution of this agreement, specifically consent to the jurisdiction and venue of Richmond County Georgia, and waives any right to contest the jurisdiction and venue in the Superior Court of Richmond County, Georgia. 16.05. Severability: If one or more of the provisions of this Lease, or the application of any provision to any party or circumstance, is held invalid, unenforceable, or illegal in any respect, the remainder of this Lease and the application of the provision to the other parties or circumstances remain valid and in full force and effect. 16.06. Heirs and Successors: This Lease and each of its provisions is binding on and inures to the benefit of the respective heirs, assignees, executors, administrators, trustees, and successors of the parties. Nothing in this paragraph may be construed as consent by Lessor to any assignment by Lessee. Page 8019 I. ... GEO-MARINE, INC. Accepted and executed: LESSOR Geo-Marine, Inc. By: ~ pv,; (s. ature) Gary Andrews (printed name) Executive Vice-President (title) Date: t)-? /D" /0;<. I / MARS Equipment Lease Mayor / (title I) Date: 1 (i c)"'V' , f Attested;) JDJA. ~. .It IM~ J-r-m.:: ::C t30j(ff~ (primed /lame) Clerk (title) Date: 7/1'ij Oy Page 90/9 * ,. .. Exhibit A Scope of Work Avian Monitoring System For City of Augusta Utilities City of Augusta, Georgia (Richmond County) 1. Project Description. This scope shall provide for design, construction, and delivery of a radar-based bird monitoring system for the City of Augusta, Georgia, Messerly Wastewater Treatment Facility. This project would include all materials and labor necessary to monitor bird activity in the aircraft approach/departure path over the wastewater treatment facility for extended periods of time. Data collected by this system would be used to determine daily and seasonal activity patterns, assess impacts associated with changing habitat management strategies at the wastewater plant and provide wastewater staff and airport staff with critical information that would greatly assist in active dispersal of birds at both sites. 2. Background. A moderate bird and wildlife hazard exists at the Bush Field Augusta Airport. This hazard is mainly associated with the proximity of the airport to the Savannah River and the Phinizy Swamp. Other attractants include the "Mayor's Fishing Pond", and the wetland areas associated with the City of Augusta, James B. Messerly Wastewater Treatment Plant. Specially designed and constructed wetlands at the treatment facility are part of an effort to improve the quality of municipal wastewater discharges from the plant. These wetlands are designed to process effluent from the treatment facility through constructed cells with specific plant communities and for specific periods of time to maximize nitrogen uptake. In 1999, Geo-Marine, Inc., conducted an on-site assessment of the airport and wastewater treatment facility and developed an integrated management plan for the control of birds and wildlife. The Savannah River Ecology Laboratory who conducted aerial surveys and the Clemson University Ornithological Group who conducted ground surveys collected much of the data used to develop the plan. Since that time, the Savannah River Ecology Laboratory has continued work in the area, limiting the surveys to areas closer to the airport. While aerial surveys and ground counts continue to provide information on the arrival and departure times of major bird groups, the limitations of field surveys/counts along with the dynamics of bird movements both daily and seasonally results in large gaps of time when bird activity is not monitored. To more accurately assess bird activity associated with the wastewater plant, a monitoring program using modified marine radar could be implemented. Such a radar system should be capable of operating round the clock with only periodic down time for maintenance. The system should be aligned to capture biological targets in the approach path, categorize the targets into size classes, estimate altitude, and write the data to a database that can be used for trend analysis. Page 1 of4 Exhibit A 3. Types of Radar Systems. GMT has developed several radar-based bird monitoring systems over the past 8 years. The type of radar system developed was driven by the type of data required to answer specific questions. GMI's experience on military bombing ranges, air bases, landfills, and commercial airports resulted in development of technologies that allow the best possible use of individual radar features with minimal oversight by personnel. Monitoring systems that require an operator to watch the radar visually are labor intensive, and have the inherit bias of the operator's interpretation of the display. The manpower costs of having an operator observe the radar on a 24 hour a day, seven day a week schedule, are generally prohibitive. Additionally, post event monitoring of data saved to tape or other media require extensive man-hours. The VerCat system developed by GMI is an ilIDovative approach to using marine radar. The VerCat system uses an X-band (3 em) wavelength radar turned on the side to spin in a windmill fashion. This focuses the radar beam into a corridor of interest (such as the approach to an runway) and allows for the estimation of target altitude. Additionally, the VerCat system captures radar data for immediate possessing with a personal computer (PC). This allows the system to develop site-specific clutter mapping (updated every thirty minutes) and for classification of residual targets using a variety of paranleters that allows for identification of biological targets as well as target classification by size. The data collected by VerCat are immediately available for analysis and are written to Access Database. These data sets require periodic downloading (every few days). Processed VerCat data can be linked from the radar site to other users via modem or optical links for immediate review and response, GMI also uses the X-band radar in a traditional horizontal mode to scan the area in a horizontal plane. Data generated in r-~~------'--~------~'- ~ -~~- ~--- ---- ~~~- ~ I I ~~I~fiil<i+i*'"Ji~~IlW'....i~ ~'I ",if''''. r I I I';., ~+'.~~'~i~~ ~,~:~'::;=-~~~:r .,~..- Figure I. GMI MARS Unit 2 (VerCat X and Horizontal S) Page 2 of4 Exhibit A the horizontal mode are helpful in determining the direction of bird movements all around the airport, not just in the approach corridors. In the horizontal plane, altitude discrimination is problematic and not generally attempted without using a very narrow beam antenna. Such pencil beam antennas are not used on GMI radar systems due to their very limited field of view. S-band (10 em) radar are also available and have been used by GMI on a variety of platforms. The longer wavelength radar have greater range but are biased towards larger targets. Often GMI will use an S-band radar in horizontal mode and an X-band in VerCat mode to provide 3-dimentional assessment of a specific area (figure 1). Options are available that allow a radar system to function in real time in an operational environment such as for bird avoidance at an airport or bombing range. These systems require redundant components and power back up not required for a monitoring system. Monitoring systems, however, can be upgraded for operational use. 4. Scope of Services. Following a review of the issues at the Messerly Wastewater Treatment Facility, and Augusta Regional Airport at Bush Field, GMI would recommend the use of mobile VerCat (X-Band) system for monitoring bird activity in the approach over the wastewater treatment plant. The system could be moved to a variety of locations until the optimum location was determined. At that point the system could be set up to operate under AC power. GMI would build the unit, deliver and install the system, and provide technical support both on and off-site. Data analysis could be accomplished using the consultation services agreement. Work shall begin within 30 days of the notice to proceed. The work shall consist of but not be limited to: 4.1. Radar Unit Construction. 4.2. Delivery and Installation. 4.3. Technical Support. 4.4. Data Analysis 5. Schedule and Deliverables. The following deliverables will be provided as scheduled below: Deliverable Schedule 5.1 Construct Radar Unit 90 Days after NTP 5.2 Delivery and Installation Within 30 days After construction complete 5.3 Technical Support As required 5.4 Data Analysis Quarterly or as requested Page 3 oJ4 .... ... " .... Exhibit A 6. Cost Estimate. Radar Units can be purchased or leased. The cost of each system is based upon configuration with a vertical scan X-band system. S-band horizontal scan capability can be added later if needed. Several options are provided below: 6.1. MARS Rental. This includes the radar system, a full-time, on-site technician and data analysis support. This option is best when determining the specific use of the system or to evaluate periods of time when bird activity is known to be greatest. $ 5,000/week 6.2. MARS Lease (one year). This includes the construction, and setup of a mobile or stationary system on-site. All equipment maintenance (replacement of magnetrons, etc), and technical support via INTERNET or phone is provided. The client would provide the site, and appropriate power supply/phone lines, etc. $ 102,000/year 6.3. MARS Lease (two years). Same as in 6.2 but for a period of two years. $ 62,000/year 6.4. MARS Lease (three years) Same as in 6.2 but for a period of three years. $ 48,000/year 6.5. MARS Purchase. This includes the construction and setup of a mobile or stationary system. Technical support is provided for 30 days. $ 71,000 7. Other costs. The MARS unit will require a power source/outlet and phone connection. The cost of installation of these would be the responsibility of the City of Augusta Utilities. Utilities costs (electrical and phone) should be less than $150 per month and would also be the responsibility of the City of Augusta. 8. Recommendation. The best solution to the issues presented at the last meeting concerning the long-term needs of the airport and the wastewater plant is the 3-year lease option. This would allow sufficient time to collect data that would clearly quantify daily and seasonal bird activity over the constructed wetlands. A two-year study could be meaningful if collected data show low variance seasonally. The importance of a third year is the statistical significance it brings to data analysis. With the airport master plan including the possible development of a parallel runway, the data collected from this study could be used to evaluate the actual impact of the constructed wetland as well as provide for comparison with surrounding land uses. These data could be crucial in addressing a variety of impacts that would be have to be assessed during the environmental impact statement. Additionally, the lease agreement includes technical support that would further assist the wastewater plant and the airport in bird and wildlife management issues. Page 4014