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2019-11-05 Meeting Minutes
Commission Meeting Agenda Commission Chamber - 11/5/2019 ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; B. Williams, Garrett, Sias, Fennoy, Frantom, M. Williams, Davis (participates by telephone on several items); D. Williams, Hasan and Clarke, members of Augusta Richmond County Commission. INVOCATION: Reverend Terri R. Landers, Pastor Lutheran Church of The Resurrection. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. RECOGNITION(S) Mr. Joseph Traina A. Congratulations! OctoberYears of Service Recipients. Item Action: None ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Presentation is made to October Years of Service Recipients. Five (5) minute time limit per delegation DELEGATIONS B. Mr. Joseph Traina regarding voter protection/election security.Item Action: None Joseph_Traina_Agenda_Item_11.5.19.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Presentation is made by Mr. Traina. C. Mr. Lamar Hawkins regarding Parking meter concern on 8th & Broad Street. Revised pickup & drop-off signs. Item Action: None ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Presentation is made by Mr. Hawkins. D. Mr. Keith Brown regarding ARC Business License Inspectors.Item Action: None 2019-05-11_K._Brown.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Mr. Keith Brown has requested that this item be deleted from the agenda. E. Citizens request to discuss the EMS service provided by Augusta. (Requested by Commissioner Sammie Sias) Item Action: None 2019-05-11_Comm._Sias.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Presentation is made by Ms. Carson Pelaz. CONSENT AGENDA (Items 1-25) PLANNING 1. ZA-R-257 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition to amend the Comprehensive Zoning Ordinance for Augusta Georgia by amending Section 2 – Definitions to remove the “no restaurant component” from the definition of Micro Brewery, Nano Brewery, Nano Distillery, Pico Brewery and Pico Distillery. (Approved by the Commission on October 15, 2019 - second reading) Item Action: Approved za-r-257.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Ms. Davis out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner William Fennoy Passes PUBLIC SERVICES 2. Motion to approve New Ownership: A.N. 19-39: request by Ashaben Patel for a retail package Beer & Wine License to be used in connection with E Z Stop & Shop located at 2160 ML King Jr. Blvd. District 2. Super District 9. (Approved by Public Services Committee October 29, 2019) Item Action: Approved AN.19-39.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Ms. Davis out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner William Fennoy Passes 3. Motion to approve Alcohol Extension: A.N. 19-13: request by Alfonso Daggett for an Extension to purchase the Liquor, Beer & Wine License for Gravity Lounge & Restaurant located at 2510 Peach Orchard Road Unit G, due to extended work ongoing at the business address. There will be Dance. District 2. Super District 9. This application was previously approved on April 30, 2019.(Approved by Public Services Committee October 29, 2019) Item Action: Approved AN.19-13_Extension.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Ms. Davis out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner William Fennoy Passes 4. Motion to approve designating that the funding $173,000 for the fourth undentified gateway art sculpture be designated to the Dr Martin L. King Statue.(Approved by Public Services Committee October 29, 2019) Item Action: Approved ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Ms. Davis out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner William Fennoy Passes 5. Motion to approve request by Chang Huang for a Massage Operator's License to be used in connection with H Massage located at 1944 Walton Way Suite B. District 1. Super District 9. (Approve by Public Services Committee October 29, 2019) Item Action: Approved hmassage2.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Ms. Davis out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner William Fennoy Passes ADMINISTRATIVE SERVICES 6. Motion to approve Fire Department requests the purchase of two pickup trucks; one for the Fire Department vehicle maintenance truck and one for the Fire Prevention Bureau. (Approved by Administrative Services Committee October 29, 2019) Item Action: Approved Eval__-_994411_-_FIRE.pdf Eval_-_994413_-_FIRE.pdf Tab_Sheet__-_19-280_FIRE_OPTION_1.xlsx Tab_Sheet_-_19-280_FIRE_OPTION_2.xlsx 19-280_Invitation_to_Bid.docx 19-280_TAB.pdf 19-280_Department_Recommendation_of_Award.pdf 19-280_Vendor_Planholders_List.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Hasan out. Motion Passes 9-0. Commissioner Marion Williams Commissioner Brandon Garrett Passes 7. Motion to approve Planning and Development Department requests the purchase of five pickup trucks only at a cost of $117,825.00 from Gerald Jones Ford and come back to the Commission in 30-days with a report regarding the status of the Ford Ranger trucks.(Approved by Administrative Services Committee October 29, 2019) Item Action: Approved Tab_Sheet_-_19-280_BUILDING_INSPECTIONS.xlsx 19-280_Invitation_to_Bid.docx 19-280_TAB.pdf 19-280_LVO_Response_Gerald_Jones.pdf 19-280_Department_Recommendation_of_Award.pdf 19-280_Vendor_Planholders_List.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Ms. Davis out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner William Fennoy Passes 8. Motion to approve Utilities Department-Construction Division requests the purchase of two non-CDL style dump trucks at a cost of $76,750 each using the Department’s enterprise capital outlay. CSRA Fleetcare dba Matthew Motors - Bid 19-258 (Approved by Administrative Services Committee October 29, 2019) Item Action: Approved 19-258_Dump_Truck_Tab_Sheet.xlsx 19-258_Advertisement_to_Paper.pdf 19-258_TAB.pdf 19-258_Department_Recommendation_of_Award.pdf Mail_List_and_Demandstar_Planholders.pdf Georgia_Procurement_Registry_Vendor_Summary.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Ms. Davis out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner William Fennoy Passes 9. Motion to approve Bid-Award the contract for underground storage tank removal at 401 Walton Way to ATC Services of Augusta in the amount of $110,050.00. Bid Item 19-262.(Approved by Administrative Services Committee October 29, 2019) Item Action: Approved Invitation_to_Bid_Sent_to_Newspaper.pdf 19-262_TAB.pdf 19-262_MPB.pdf 19-262_Department_Recommendation_of_Award_-_Underground_Storage_Tank_Closure_by_Removal_-_CSA.pdf Mail_List_and_Demandstar_Planholders.pdf Georgia_Procurement_Registry_Vendor_Summary.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Ms. Davis out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner William Fennoy Passes 10. Motion to approve Housing and Community Development Department’s (HCD's) request to provide Housing Opportunities for Persons with AIDS (HOPWA) funding to Family Initiative of the CSRA, Inc. to carry out program. (Approved by Administrative Services Committee October 29, 2019) Item Action: Approved ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Ms. Davis out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner William Fennoy Passes 11. Motion to approve Housing and Community Development Department’s (HCD's) request to provide HOME funding to J. Lovett Homes and Construction, LLC to develop one (1) single family unit for a low to moderate income family evictions and to increase the FY2019 Approved Budget utilizing prior years grant carryover.(Approved by Administrative Services Committee October 29, 2019) Item Action: Approved JLovettHomes_Home_Agreement.docx ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Ms. Davis out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner William Fennoy Passes 12. Motion to approve Housing and Community Development Department’s (HCD's) request to provide Laney Walker/Bethlehem Revitalization Funding to construct two (2) workforce, residential units on Boyd Lane.(Approved by Administrative Services Committee October 29, 2019) Item Action: Approved Contract_918_Boyd--AHCD_and_CapitalRise_developer.pdf Contract_922_Boyd--AHCD_and_CapitalRise_developer.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Ms. Davis out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner William Fennoy Passes 13. Motion to approve the Decommissioning of DRE Voting System. (Approved by Administrative Services Committee October 29, 2019) Item Action: Approved ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Ms. Davis out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner William Fennoy Passes 14. Motion to approve permission for Mobile Food Truck Services at the Municipal Building.(Approved by Administrative Services Committee October 29, 2019) Item Action: Approved GIS_MAP_MUNICIPAL_BUILDING.docx Food_Trucks_-_Article_3.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Motion Result Approve Motion to approve. Ms. Davis out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner William Fennoy Passes ENGINEERING SERVICES 15. Motion to approve award of Bid Item #19-135, Trash Services for Permanent Sidewalk Receptacles, to Coleman Sanitation.(Approved by Engineering Services Committee October 29, 2019) Item Action: Approved 2019.04.29_Trash_Service_for_Permanent_Sidewalk_Receptacles_-_Award_Recommendation_Memo_-_19-135.pdf 2019.02.22_Sidewalk_Receptacle_Service.doc 19-135_ITB_-_SENT_TO_PAPER.pdf Mail_List_and_Demandstar_Planholders.pdf Georgia_Procurement_Registry_Vendor_Summary.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Ms. Davis out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner William Fennoy Passes 16. Motion to authorize a $425,000.00 change order only to Atlantic Coast Consulting’s (ACC) current Purchase Order P367569. (RFP 19-146C Environmental Compliance Testing, Engineering & Consulting).(Approved by Engineering Services Committee October 29, 2019) Item Action: Approved Memo_ACC_Extension_and_Change_Order.pdf 2019.10.21_ACC_-_Change_Order_Request_-_Attachment_for_Agenda_Item.pdf 2012.02.29_Environmental_Compliance,_Testing,_Engineering,_and_Consulting_-_Executed_Contract.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Sias not voting. Voting No: Commissioner John Clarke. Motion Passes 8-1. Commissioner Marion Williams Commissioner Ben Hasan Passes 17. Motion to approve Award of “Grounds and Landscaped Improvements and Maintenance – Various Roadways and Roundabouts” Contract to Augusta Quality LLC, subject to receipt of signed contract and proper insurance documents. The Contract is effective 1/1/2020 for three years with Base year 1 and two option year renewal. Also, approve not to exceed $241,970/year to fund these contracted services. Requested by AED. BID 19-270 (Approved by Engineering Services Committee October 29, 2019) Item Action: Approved 19-270-ConstAward_Landscaping_9.23.2019.pdf 19-270_ITB_to_Paper.pdf 19-270_MPB.pdf Mail_List_and_Demandstar_Planholders.pdf Georgia_Procurement_Registry_Vendor_Summary.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Garrett out. Motion Passes 9-0. Commissioner Marion Williams Commissioner Dennis Williams Passes 18. Motion to approve presentation from SP Plus on parking management implementation proposal and results of public hearings.(Approved by Engineering Services Committee October 29, 2019) Item Action: Approved 2019-29-10_Mayor_s_Office_Parking_Mgmt._Plan_Ma.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve implementation and equipment of the parking proposal. Commissioner Bobby Williams Commissioner Marion Williams No action is taken on this motion due to the passage of the substitute motion. Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Substitute motion to task the Engineering Department to take the presentation and bring back to the Commission a formal contract at the next full Commission meeting. Ms. Davis out. Voting No: Commissioner John Clarke, Commissioner Brandon Garrett. Motion Passes 7-2. Commisioner Sean Frantom Commissioner William Fennoy Passes 19. Motion to award RFQ #19-188, Professional Services for the Development of a Sanitary Sewer Model to CDM Smith, Inc. in the amount of $329,200. (Approved by Engineering Services Committee October 29, 2019) Item Action: Approved RFP_19-188_Directors_Memo.pdf RFP_19-188_Professional_Services_Agreement.pdf 19-188__RFP_-_SENT_TO_VENDORS.pdf 19-188_TAB.pdf 19-188_Eval_Sheet_-_Cumulative.pdf Process_Regarding_RFPs.pdf Mail_Labels.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Ms. Davis out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner William Fennoy Passes 20. Motion to approve the contract in Exhibit Item B and the list with of $1.4 million dollars (use of recaptured SPLOST Funds) for paving of roads. (Approved by Engineering Services Committee October 29, 2019) Item Action: Approved SKM_C65819103114061.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Ms. Davis out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner William Fennoy Passes 21. Motion to approve award of Design-Build Construction Contract to Blair Contraction, Inc. in the amount of $1,858,907.00 for Skyview Drainage Improvements Design-build Construction Services as requested by AED. Award is contingent upon receipt of signed contracts and proper bonds. RFP 19-236 (Approved by Engineering Services Committee October 29, 2019) Item Action: Approved Copy_of_CPB_09.26.2019.xlsx 19-236-MemoRFPAwrd-Skyview-AED.pdf 19-236_Advertisement_to_Paper.pdf 19-236_TAB.pdf Process_Regarding_RFPs.pdf 19-236_MPP.pdf Mail_Labels.pdf Compliance_Information.pdf ItemApprovalSheet.html Motions Motion Text Made By Seconded By Motion Type Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Marion Williams Commissioner Sammie Sias Passes 22. Motion to approve Roadway Lighting Agreement with the Georgia Department of Transportation in Conjunction with SR 88 @ CR58/Bath Edie Road Roundabout Project as requested by AED. (Approved by Engineering Services Committee October 29, 2019) Item Action: Approved GDO_Agreement_Bath_Edie_A_No._0009916_ARC.pdf GDOT_Lighting_Agreement-Bath_Edie_Roundabout.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Ms. Davis out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner William Fennoy Passes 23. Motion to approve the installation of 43 street lights in the Sims Landing Phase 2 development with an annual cost of $13,539.60. Also approve the creation of a new lighting tax district for the 150 lots within Phase 2. Funding is available in Street Lighting budget account #2760416105312310. (Approved by Engineering Services Committee October 29, 2019) Item Action: Approved StreetLights_SimsLanding2_(003).pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Ms. Davis out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner William Fennoy Passes 24. Motion to approve award of RFQ#18-314, Turnkey Performance Based Services to Implement Energy Savings Measures to Noresco, LLC. (Approved by Engineering Services Committee October 29, 2019) Item Action: Approved 20191009_Directors_Memo.pdf Augusta_NORESCO_Master_ESA.pdf 18-314_RFQ_sent_to_newspaper.pdf 18-314_Official_Tab.pdf Cumulative3_Sheet_18-314_AUD.pdf Process_Regarding_RFQs.pdf 18-314_MPQC.pdf Mail_List_and_Demandstar_Planholders.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Ms. Davis out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner William Fennoy Passes PETITIONS AND COMMUNICATIONS 25. Motion to approve the minutes of the regular meeting of the Augusta Commission held on October 15, 2019 and Special Called Meetings held on October 21 and October 29, 2019. Item Action: Approved Regular_Commission_Meeting_October_15_2019.pdf Called_Commission_Meeting_October_21_2019.pdf Called_Commission_Meeting_October_29_2019.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Ms. Davis out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner William Fennoy Passes ****END CONSENT AGENDA**** AUGUSTA COMMISSION 11/5/2019 AUGUSTA COMMISSION REGULAR AGENDA 11/5/2019 (Items 26-37) PLANNING 26. Z-19-22 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the conditions below a petition by DOTT Augusta Investments II LLC requesting a Special Exception to construct 6 attached townhomes not to exceed 5.5 units per acre per Section 10-2-a of the Comprehensive Zoning Ordinance for Augusta Georgia affecting property containing 1.19 acres and known as 613 Johns Road. Tax Map 034-2-075-00-0 DISTRICT 1 1. The development shall substantially conform to the site plan submitted on date received 4/23/2019. 2. The proposed development must adhere to the open space and buffer yard requirements of Section 13. (Deferred from the June 18, 2019 Commission Meeting) Item Action: Disapproved z-19-22.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Deny Motion to deny. Ms. Davis and Mr. Sias out. Motion Passes 8-0. Commissioner William Fennoy Commissioner Bobby Williams Passes 27. Z-19-43 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the conditions below a petition by Kirk S. Laney, on behalf of Dixon Airline Recycling & Disposal LLC, requesting a Special Exception to establish an Inert Fill Area and a Construction and Demolition Landfill per Section 24-2-18 and of the Comprehensive Zoning Ordinance for Augusta, Georgia and amend conditions from Z-18-31 affecting property containing approximately 52 acres of the total 150.76 acres and known as part of 1710 Dixon Airline Road. Part of Tax Map 145- Item Action: Approved 0-033-00-0 DISTRICT 6 1. Approval be granted for a Construction and Demolition Landfill and an Inert Landfill on approximately 51.9 acres of land designated as “Proposed C&D-Inert Landfill with C&D-Inert Waste Recycling” as delineated on the Conceptual Site Plan submitted with the Special Exception application and which is located entirely east of the power transmission lines and easement and which is also currently zoned HI (Heavy Industrial). Those areas previously zoned by Special Exception (Z-18-31) in 2018 - approximately 3.16 acre area for recycling of concrete product, an approximately 2.99 acre area for the recycling of asphalt product and an approximately 3.35 acre area for the recycling of land clearing wood debris product for a total of 9.5 acres of recycling area will be included in this Special Exception and will remain areas for recycling; 2. An inspection by the City of Augusta and an inspection by the Georgia EPD must be conducted on the overall site and any deficiencies found on the subject property must be corrected or remedied prior to a business license being issued by the City of Augusta for any and all operations on the site; 3. The cemetery on the property needs to be clearly delineated on any and all site plans, plats or depictions of the site, the required cemetery buffer needs to be verified, and the cemetery and the required buffer need to be adequately fenced to prevent encroachment by any of the inert fill and construction and demolition fill and / or inert landfill or construction and demolition landfill activities and operations, should the cemetery be located in any of, or close by to any of, these areas; 4. A 200’ buffer similar to the one shown on the Conceptual Site Plan submitted with the Special Exception application must be enforced between the proposed inert landfill and Construction and Demolition landfill operations and the existing residential structures and also be enforced against the existing exterior boundaries of the subject property. In no case, shall an undisturbed buffer be reduced below 200 feet in width against the adjoining residential lots. 5. An annual inspection, as part of the annual business license renewal, shall be conducted by Augusta Code Enforcement inspectors to ensure compliance with all provisions of this zoning action and the previous zoning action for recycling (Z-18-31). 7. Should the Inert landfill and Construction and Demolition Landfill activities and operations on the site cease, change in scope of work, or change in size, a new Special Exception will have to be applied for prior to start of any future operation (other than the areas previously approved by Special Exception, in the specified areas, as part of Z-18-31) within this area. 8. The owner must maintain the proper permitting from EPD and DNR for any and all activities and operations on the subject property, including the 9.5 acres approved under Special Exception (Z-18-31) for the recycling areas. 9. The Site Plan for the Construction and Demolition Landfill and Inert Landfill must comply with all local, State and Federal laws, ordinances and regulations in effect at the time of development. 10. All Construction and Demolition Landfill and Inert Landfill activities and operations must be performed during the normal business hours of 6:00 am to 5:00 pm. 11. A Business License will be required prior to the start of any Construction and Demolition Landfill and Inert Landfill activities and operations. Permitting by the State for Construction and Demolition Landfill and Inert Landfill activities and operations will be required prior to the issuance of a Business License. (Deferred from the October 15, 2019 Commission meeting) z-19-43.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Voting No: Commissioner William Fennoy, Commissioner Ben Hasan, Commissioner Sammie Sias, Commissioner Marion Williams. Motion Passes 6-4. Commissioner John Clarke Commissioner Brandon Garrett Passes Motions Motion Type Motion Text Made By Seconded By Motion Result Deny Substitute motion to deny. Voting No: Commissioner John Clarke, Commissioner Mary Davis, Commisioner Sean Frantom, Commissioner Brandon Garrett, Commissioner Sammie Sias, Commissioner Commissioner Ben Hasan Commissioner Marion Williams Fails Bobby Williams, Commissioner Dennis Williams. Motion Fails 3-7. PUBLIC SERVICES 28. Motion to approve proceeding with sculpture at Riverwatch Parkway and then following up with the gateway art sculptures at San Bar Ferry Road. (No recommendation from Public Services Committee October 29, 2019) Item Action: Approved 2019-29-10_Frantom_Gateway_Art.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve stopping the Riverwatch Parkway sculpture at this point, receive input from the community and proceed with Sand Bar Ferry Road sculpture after receiving community input. Mr. D. Williams abstains. Voting No: Commissioner Ben Hasan, Commissioner Sammie Sias. Motion Passes 7-2 -1. Commissioner Brandon Garrett Commissioner Bobby Williams Passes Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Substitute motion to proceed with one of the two sculptures at Riverwatch Parkway that we already have and then proceed with the Commissioner Dennis Williams Commissioner William Fennoy Fails sculpture at Sand Bar Ferry Road. Voting No: Commissioner John Clarke, Commissioner Mary Davis, Commisioner Sean Frantom, Commissioner Brandon Garrett, Commissioner Sammie Sias, Commissioner Bobby Williams, Commissioner Marion Williams. Motion Fails 3-7. ADMINISTRATIVE SERVICES 29. Discuss future of old jail property. (Requested by Commissioner John Clarke) Item Action: Approved 2019-05-11_Comm._Clarke.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve stopping the procurement process regarding the demolition of the old Jail at 401 Walton Way. Commissioner John Clarke Commissioner Ben Hasan No action is taken on this motion due to the passage of the substitute motion. Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve moving forward with the demolition of the old Jail at 401 Walton Way. Voting No: Commissioner John Clarke, Commisioner Sean Frantom, Commissioner Ben Hasan, Commissioner Dennis Williams. Motion Passes 6-4. Commissioner William Fennoy Commissioner Sammie Sias Passes 30. Mandate that Augusta Department Directors attend Commission/committee/work session, etc. meetings when agenda items are on agendas relative to their departments. (Requested by Commission Marion Williams) Item Action: Disapproved ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve mandating that a department head or their designee be present at Commission/committee meetings when they have agenda items on the agenda relative to their departments. Mr. Fennoy out. Voting No: Commissioner Mary Davis, Commisioner Sean Frantom, Commissioner Marion Williams Commissioner Brandon Garrett Fails Commissioner Brandon Garrett, Commissioner Sammie Sias, Commissioner Dennis Williams. Motion Fails 4-5. Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Substitute motion to approve asking the Administrator to send out an appropriate memo to department heads to have someone present from their departments to address agenda items at the Commission and committee meetings. Commisioner Sean Frantom Dies for lack of Second 31. Motion to amend Ordinance Code of Augusta Georgia, Title One, Chapter Seven, Article Four, Section 1-7-51 by repealing Sections 500.308 through 500.315 of the PPPM related to Senior Executive Service (“SES”) employees with second reading waived; and to adopt a new SES Policy and Procedures (including those related to severance pay) to become effective upon approval. Item Action: Approved 2019.05.11_Amend_PPPM_SES__Ordinance_Amendment.pdf 2019.05.11-SES_Severance_procedures.pdf 2019.05.11-Revised_SES_Policy.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Ms. Davis out. Motion Passes 9-0. Commisioner Sean Frantom Commissioner William Fennoy Passes PUBLIC SAFETY 32. Motion to stop Augusta's pursuit of the EMS Zone. (Requested by Commissioner Brandon Garrett) Item Action: Disapproved 2019-05-11_Comm._Garrett.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve stopping Augusta's pursuit of the EMS zone. Mr. Fennoy abstains. Voting No: Commissioner Ben Hasan, Commissioner Sammie Sias, Commissioner Bobby Williams, Commissioner Dennis Williams. Motion Fails 5-4 -1. Commissioner Brandon Garrett Commisioner Sean Frantom Fails 33. Discuss the EMS service and how it is provided. (Requested by Commissioner Sammie Sias) Item Action: Approved ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve receiving this item as information. Commissioner Sammie Sias Commissioner Brandon Garrett It was the consensus of the Commission that this item be received as information. 34. Motion to approve and accept a grant for the continuation of the Victims of Crime Act (VOCA) Grant with funding from the Criminal Justice Coordinating Council of Georgia to provide services to crime victims from October 1, 2019 through September 30, 2020, and authorize the Mayor to execute the necessary documents. ( Item Action: Approved grant_proposal_2019.pdf Richmond_SG_VOCA_19_20_Allocation_Letter_(003).pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 9-0. Commisioner Sean Frantom Commissioner William Fennoy Passes ENGINEERING SERVICES 35. Motion to approve the purchase of Caterpillar model D-8T WH/W GPS Dozer, bid item #19-266, from Yancey Brothers as the compliant bidder with no exceptions. (No recommendation from Engineering Services Committee October 29, 2019) Item Action: Rescheduled 2019.08.16_Bid_Item_19-226_Waste_Handler_Dozer_-_Award_Memo.pdf 19-226_Advertisement_to_Paper.pdf 19-226_TAB.pdf 19-226_Department_Recommendation_of_Award.pdf Mail_List.pdf Georgia_Procurement_Registry_Vendor_Summary.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Defer Motion to refer this item to the Administrative Services Committee. Mr. Fennoy and Mr. Commissioner Marion Williams Commissioner Brandon Garrett Passes Hasan out. Motion Passes 8-0. ADDENDUM 36. Approve attached documents related to the issuance of $21 million plus cost of issuance in bonds for the constructions of water and sewer projects at Fort Gordon. Authorizing the Mayor and Clerk of Commission to sign and execute the attached documents. Item Action: Approved Series_2019_Bond_Resolution___19_Augusta_W_S_49873944_1.PDF BPA.pdf RegistrarAgmt.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Unanimous consent is given to add this item to the agenda. Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Sammie Sias Passes 37. Move to approve the TIA Project List for the 2020 TIA public referendum. This list was approved at the TIA work sessions and by the Engineering Committee on 29 October 2019. (Requested by Commissioner Sammie Sias) Item Action: Approved 2020_TIA_Project_List.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Unanimous consent is given to add this item to the agenda. Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve with the changes to take $1,000,000,000 from the Lock and Dam (#11) and add $1,000,000,000 to Golden Camp Road Resurfacing (#59) and move it up to #33. Motion Passes 10-0. Commissioner Sammie Sias Commissioner Brandon Garrett Passes LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 38. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Item Action: None Upcoming Meetings www.augustaga.gov Commission Meeting Agenda 11/5/2019 2:00 PM Attendance 11/5/19 Department: Department: Caption: Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 11/5/2019 2:00 PM Invocation Department: Department: Caption:Reverend Terri R. Landers, Pastor Lutheran Church of The Resurrection. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 11/5/2019 2:00 PM Years of Service Department: Department: Caption:Congratulations! OctoberYears of Service Recipients. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: AGEND,4. ITEM REQUEST FORM commission meetings: First and third ruesdays of each month - 2:00 p.m. committee meetings: second and last Tuesdays of each morth - l:00 p.m. V-r,v'd lo r5'$ lutr @ \2"+5 PM qtf Commission/Committee: (Please check one and,/V Commission Public Safety Committee Public S ervices Committee Administrative Services Committee Engineering Services Committee Finance Committee insert meeting date) Date of Meeting Date of Meeting Date of Meeting Date of Meeting Date of Meeting Date of Meeting contact Information for IndividuavPresenter Making the Request: -e f, Telephone Number: Fax Number: E-Mail Address: @ 717 7lc lori -t15c Caption/Topic of Discussion to s (ql-c- r Please serid this request form to Ms. Lena J. Bonner Clerk of Commission Suite 220 Municipal Building 535 Telfair Street Augusta, GA 30901 on the Agenda: _)a S ccar-t* the following address: Telephone Number: Fax Number: E-Mail Address: Requests may be faxed, e-mailed or delivered in person and Office no later than 9:00 a.m. on the Thursday preceding meeting of the following week. A five-minute time limit will must be received in the Clerk's the Commission or Committee be allowed for presentations. '4*Wt^lu da- 706-821-fi20 706-821-1838 nmorawski@augustaga.gov Commission Meeting Agenda 11/5/2019 2:00 PM Mr. Joseph Traina Department: Department: Caption:Mr. Joseph Traina regarding voter protection/election security. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 11/5/2019 2:00 PM Mr. Lamar Hawkins Department: Department: Caption:Mr. Lamar Hawkins regarding Parking meter concern on 8th & Broad Street. Revised pickup & drop-off signs. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: AGENDA ITEM REQUEST FORM Commission meetings: First and third ruesdays of each month - 2:00 p.m. committee meetings: second and last Tuesdays of each month - 1:00 p.m. C ommittee: (Please check one and insert meeting date) Public Safety Committee Date of Meeting I l'0 5' t 105't1 Date of Meeting -- Public Services Committee Date of Meeting _Administrative Services Committee Date of Meeting Engineering Services Committee Date of Meeting -- Finance Committee Date of Meeting _ Telephone Numberi Fax Number: E-Mail Address: ommission/Committee/ r'v L'ommrsslon tblso/ tq(wtd) -i,s$ 'b{,NN 9itl':yIetrn of Discussion to ofir^la trd h be place!on the Agenda: Mttl'l contact Information for IndividuavPresenter Making the Request: Please send this request form to the following address: Ms. Lena J. Bonner Clerk of Commissior Suite 220 Municipal Building 535 Telfair Street Augusta, GA 30901 Telephone Number: 7 06-821-fi2L Fax Number: 706-821-1838 E-MaiIAddress: nmorawski@augustaga.gov Requests may be faxed, e-mailed or delivered in person and must be received in the Clerk,sOffice no later than 9:00 a.m. on the Thursday preceding the Commission or Committee meetin$ of the following week. A five-minute time limit will be allowed for presentations. Commission Meeting Agenda 11/5/2019 2:00 PM ARC Business License Inspectors. Department: Department: Caption:Mr. Keith Brown regarding ARC Business License Inspectors. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Lena Bonner From: Sent: To: Cc: Subject: Good Morning Ms Bonner, Commissioner Sammie Sias Thursday, October 31, 2019 6:06 AM Lena Bonner Nancy Morawski; Commissioner Sammie Sias EMS Service Please add the following items to the Commission agenda for 5 November 2019. This is two seperate items. L. Delegation, Citizens request to discuss the EMS service provided by Augusta 1. Regular Agenda. Discuss the EMS service and how it is provided. Thanking you in advance for your assistance. Sammie L. Sias Commissioner, Augusta Richmond County "Failure is not on Option" a re$irit oi lhe e-maii trans*tili$iillr. il verification is requ,red. 6rleetse rer;uesl a hal(l cr.r;:y veislon. 4.fi):'i{i4.'l Commission Meeting Agenda 11/5/2019 2:00 PM Citizens request to discuss the EMS service Department: Department: Caption:Citizens request to discuss the EMS service provided by Augusta. (Requested by Commissioner Sammie Sias) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 11/5/2019 2:00 PM ZA-R-257 Department:Planning and Development Department:Planning and Development Caption: ZA-R-257 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition to amend the Comprehensive Zoning Ordinance for Augusta Georgia by amending Section 2 – Definitions to remove the “no restaurant component” from the definition of Micro Brewery, Nano Brewery, Nano Distillery, Pico Brewery and Pico Distillery. (Approved by the Commission on October 15, 2019 - second reading) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 11/5/2019 2:00 PM Z-19-22 Department:Planning and Development Department:Planning and Development Caption: Z-19-22 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the conditions below a petition by DOTT Augusta Investments II LLC requesting a Special Exception to construct 6 attached townhomes not to exceed 5.5 units per acre per Section 10-2-a of the Comprehensive Zoning Ordinance for Augusta Georgia affecting property containing 1.19 acres and known as 613 Johns Road. Tax Map 034-2-075-00-0 DISTRICT 1 1. The development shall substantially conform to the site plan submitted on date received 4/23/2019. 2. The proposed development must adhere to the open space and buffer yard requirements of Section 13. (Deferred from the June 18, 2019 Commission Meeting) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 11/5/2019 2:00 PM Z-19-43 Department:Planning and Development Department:Planning and Development Caption: Z-19-43 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the conditions below a petition by Kirk S. Laney, on behalf of Dixon Airline Recycling & Disposal LLC, requesting a Special Exception to establish an Inert Fill Area and a Construction and Demolition Landfill per Section 24-2-18 and of the Comprehensive Zoning Ordinance for Augusta, Georgia and amend conditions from Z-18-31 affecting property containing approximately 52 acres of the total 150.76 acres and known as part of 1710 Dixon Airline Road. Part of Tax Map 145-0-033-00-0 DISTRICT 6 1. Approval be granted for a Construction and Demolition Landfill and an Inert Landfill on approximately 51.9 acres of land designated as “Proposed C&D-Inert Landfill with C&D-Inert Waste Recycling” as delineated on the Conceptual Site Plan submitted with the Special Exception application and which is located entirely east of the power transmission lines and easement and which is also currently zoned HI (Heavy Industrial). Those areas previously zoned by Special Exception (Z-18-31) in 2018 - approximately 3.16 acre area for recycling of concrete product, an approximately 2.99 acre area for the recycling of asphalt product and an approximately 3.35 acre area for the recycling of land clearing wood debris product for a total of 9.5 acres of recycling area will be included in this Special Exception and will remain areas for recycling; 2. An inspection by the City of Augusta and an inspection by the Georgia EPD must be conducted on the overall site and any deficiencies found on the subject property must be corrected or remedied prior to a business license being issued by the City of Augusta for any and all operations on the site; 3. The cemetery on the property needs to be clearly delineated on any and all site plans, plats or depictions of the site, the required cemetery buffer needs to be verified, and the cemetery and the required buffer need to be adequately fenced to prevent encroachment by any of the inert fill and construction and demolition fill and / or inert landfill or construction and demolition landfill activities and operations, should the cemetery be located in any of, or close by to any of, these areas; 4. A 200’ buffer similar to the one shown on the Conceptual Site Plan submitted with the Special Exception application must be enforced between the proposed inert landfill and Construction and Demolition landfill operations and the existing residential structures and also be enforced against the existing exterior boundaries of the subject property. In no case, shall an undisturbed buffer be reduced below 200 feet in width against the adjoining residential lots. 5. An annual inspection, as part of the annual business license renewal, shall be conducted by Augusta Code Enforcement inspectors to ensure compliance with all provisions of this zoning action and the previous zoning action for recycling (Z-18-31). 7. Should the Inert landfill and Construction and Demolition Landfill activities and operations on the site cease, change in scope of work, or change in size, a new Special Exception will have to be applied for prior to start of any future operation (other than the areas previously approved by Special Exception, in the specified areas, as part of Z-18-31) within this area. 8. The owner must maintain the proper permitting from EPD and DNR for any and all activities and operations on the subject property, including the 9.5 acres approved under Special Exception (Z-18-31) for the recycling areas. 9. The Site Plan for the Construction and Demolition Landfill and Inert Landfill must comply with all local, State and Federal laws, ordinances and regulations in effect at the time of development. 10. All Construction and Demolition Landfill and Inert Landfill activities and operations must be performed during the normal business hours of 6:00 am to 5:00 pm. 11. A Business License will be required prior to the start of any Construction and Demolition Landfill and Inert Landfill activities and operations. Permitting by the State for Construction and Demolition Landfill and Inert Landfill activities and operations will be required prior to the issuance of a Business License. (Deferred from the October 15, 2019 Commission meeting) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 11/5/2019 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption:Motion to approve New Ownership: A.N. 19-39: request by Ashaben Patel for a retail package Beer & Wine License to be used in connection with E Z Stop & Shop located at 2160 ML King Jr. Blvd. District 2. Super District 9.(Approved by Public Services Committee October 29, 2019) Background:This is a New Ownership. Formerly in the name of Sayed Mirwas Haydary. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $665.00 Alternatives: Recommendation: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: Law Administrator Clerk of Commission Commission Meeting Agenda 11/5/2019 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption:Motion to approve Alcohol Extension: A.N. 19-13: request by Alfonso Daggett for an Extension to purchase the Liquor, Beer & Wine License for Gravity Lounge & Restaurant located at 2510 Peach Orchard Road Unit G, due to extended work ongoing at the business address. There will be Dance. District 2. Super District 9. This application was previously approved on April 30, 2019.(Approved by Public Services Committee October 29, 2019) 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 $4,600.00 Alternatives: Recommendation: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: Law Administrator Clerk of Commission Commission Meeting Agenda 11/5/2019 2:00 PM Gateway Sculpture Department: Department: Caption:Motion to approve designating that the funding $173,000 for the fourth undentified gateway art sculpture be designated to the Dr Martin L. King Statue.(Approved by Public Services Committee October 29, 2019) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 11/5/2019 2:00 PM Massage Operator's Department:Planning & Development Department:Planning & Development Caption:Motion to approve request by Chang Huang for a Massage Operator's License to be used in connection with H Massage located at 1944 Walton Way Suite B. District 1. Super District 9. (Approve by Public Services Committee October 29, 2019) Background:This is New Ownership. Formerly in the name of Choa Tang. Analysis:The applicant meets the requirements of the City of Augusta's ordinance that regulates Massage Therapy Financial Impact:The applicant will pay a fee of $155.00 for a Massage Operator's License and a fee based on gross revenue. Alternatives: Recommendation:Planning & Development approved the application subject to additional information not contradicting the applicant’s statements. The Sheriff’s Office approved the application subject to additional information not contradicting applicant’s statements. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Lena Bonner From: Sent: To: Subject: Lena, Commissioner Sean Frantom Wednesday, October 23,2019 8:09 AM Lena Bonner Agenda Item Please add the following topic to public services agenda - Discuss the next steps in the gateway art sculptures- Sand Bar Ferry Road Thank you, Sean Frantom Commissioner District 7 (706)s64-1663 sfrantom @au gustaga.gov ,':r., a i,..,... r , a ii::i{.ri! }i i1l8 e-nail transrlri$s}0!-}. l{ve|ificalion is reqilired. fJlease requesl a hard copy verriolr i,iri)'ti14 1 Commission Meeting Agenda 11/5/2019 2:00 PM Gateway art sculptures- Sand Bar Ferry Road. Department: Department: Caption:Motion to approve proceeding with sculpture at Riverwatch Parkway and then following up with the gateway art sculptures at San Bar Ferry Road. (No recommendation from Public Services Committee October 29, 2019) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Department: FIRE Funds: DEPARTMENT FUNDS BID 19-280 Year 2020 2020 2,020.00$ Brand GMC Ford Ford Model SIERRA F150 F150 Delivery Date 90-120 DAYS 90-DAYS ARO Base Price 5.01 NON COMPLIANT 19,550.00$ 19,948.76$ 6.06 Super Cab (6.5 ft. bed)914.00$ 2,525.00$ $ 3,902.00 6.19 Trailer Tow Package 920.00$ 555.00$ $ 542.00 XL w/power W-L-M SYNC AM/FM/CD, & Cruise Control 6.37 Exterior Color Not inclued in Base Price 601.00$ 720.00$ No Charge 6.43 Delivery Fee -$ 150.00$ $ 50.00 7.04 Trailer Hitch 325.00$ 150.00$ $ 170.00 7.05 Trailer Wiring 65.00$ See 6.19-6.20 $ 40.00 7.06 Trailer Ball 38.00$ 35.00$ $ 30.00 OPTIONS TOTAL 6,210.00$ $ 6,808.00 BASE PRICE: 19,550.00$ $ 19,948.76 TOTAL FOR OPTIONS AND BASE PRICE Non-Compliant 25,760.00$ 26,756.76$ 2018 Ford F-150 (1/2 ton) Regular Cab, 6 Cyl, 4X2 SWB EXT COLOR: Equipment included in base price:RACE RED 3.3L V6 flex fuel engine INT COLOR: 6 speed Automatic Transmission GREY Factory Installed A/C AM-FM Radio Solar Tinted Glass Power Steering/ABS Brakes Rear View back up camera Vynyl 40/20/40 Bench seat Rubber Floor Covering Full Size Spare/Step bumper Auto Lamp Headlights Short Bed (6.5 ft.) 6500 GVWR P245/70RX17 Tires Rain Sensing wipers 5.01 FOR ALL DEPARTMENTS- Pickup Truck 6500 GVWR-BIDS OPENED 10/08/2019 @ 11:00 Gerald Jones 2,075.00$ 2,252.00$ 6.22 $ 2,074.00 MASTER BUICK GMC Allan Vigil Ford Department: FIRE Funds: DEPARTMENT FUNDS BID 19-280 Year 2020 2020 2,020.00$ Brand GMC Ford Ford Model SIERRA F150 F150 Delivery Date 90-120 DAYS 90-DAYS ARO Base Price 5.01 NON COMPLIANT 19,550.00$ 19,948.76$ 6.19 Trailer Tow Package 920.00$ 555.00$ $ 542.00 XL w/power W-L-M SYNC AM/FM/CD, & Cruise Control 6.37 Exterior Color Not inclued in Base Price 601.00$ 720.00$ No Charge 6.43 Delivery Fee -$ 150.00$ $ 50.00 7.04 Trailer Hitch 325.00$ 150.00$ $ 170.00 7.05 Trailer Wiring 65.00$ See 6.19-6.20 $ 40.00 7.06 Trailer Ball 38.00$ 35.00$ $ 30.00 OPTIONS TOTAL 3,685.00$ $ 2,906.00 BASE PRICE: 19,550.00$ $ 19,948.76 TOTAL FOR OPTIONS AND BASE PRICE Non-Compliant 23,235.00$ 22,854.76$ 2018 Ford F-150 (1/2 ton) Regular Cab, 6 Cyl, 4X2 SWB EXT COLOR: Equipment included in base price:RACE RED 3.3L V6 flex fuel engine INT COLOR: 6 speed Automatic Transmission GREY Factory Installed A/C AM-FM Radio Solar Tinted Glass Power Steering/ABS Brakes Rear View back up camera Vynyl 40/20/40 Bench seat Rubber Floor Covering Full Size Spare/Step bumper Auto Lamp Headlights Short Bed (6.5 ft.) 6500 GVWR P245/70RX17 Tires Rain Sensing wipers 5.01 FOR ALL DEPARTMENTS- Pickup Truck 6500 GVWR-BIDS OPENED 10/08/2019 @ 11:00 Gerald Jones 2,075.00$ 2,252.00$ 6.22 $ 2,074.00 MASTER BUICK GMC Allan Vigil Ford Invitation to Bid Sealed bids will be received at this office until Tuesday, October 8, 2019 @ 11:00 a.m. for furnishing for Augusta, GA Central Services Department - Fleet Maintenance Bid Item #19-280 2020 6500GVWR Pickup Truck Bid Item #19-281 2019/2020 15 Passenger Van Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, September 20, 2019 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference an eligible bidder must submit a completed and signed written application to become a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project. An eligible bidder who fails to submit an application for approval as a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project, and who otherwise meets the requirements for approval as a local bidder, will not be qualified for a bid preference on such eligible local project. No bids may be withdrawn for a period of ninety (90) days after bids have been opened, pending the execution of contract with the successful bidder. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle August 29, September 5, 12, 19, 2019 Metro Courier August 29, 2019 UNOFFICIAL VENDORS Allan Vigil 6790 Mount Zion Blvd Morrw, GA 30260 Master Buick GMC 3710 Washington Rd Augusta, GA 30907 Gerald Jones Ford 3480 Wrightsboro Rd Augusta, GA 30909 Attachment B Yes Non-Compliant Not Notarized Yes E-Verify Number 94460 665555 933751 SAVE Form Yes Non-Compliant Not Notarized Yes Year 2020 2020 2020 Make Ford GMC Ford Model F150 Sierra F150 Approximate Delivery Schedule 90-120 days 90 days from award 5.01 2020 Pickup Truck (1/2 ton)$19,500.50 $27,563.00 $19,948.76 6.01 5.0L V8 Flex Fuel Engine - 995 $1,836.00 $1,395.00 $1,816.00 6.02 3.5L V6 EcoBoost Engine – 99G $2,388.00 n/a $2,362.00 6.03 2.7L V6 EcoBoost – 99P $916.00 n/a $906.00 6.04 Long Bed (8ft) $285.00 n/a $287.00 6.05 Extended range fuel tank $410.00 n/a n/a 6.06 Super Cab (6.5ft bed) $2,525.00 3900 3902 6.07 Super Cab (8ft bed) $3,690.00 n/a n/a 6.08 4X4 Option (All Models) $2,645.00 5600 4436 6.09 Skid Plates $155.00 150 146 6.10 Crew Cab XL SWB $4,920.00 6300 6247 6.11 Crew Cab XL LWB $5,850.00 6600 n/a 2020 6500GVWR Pickup Truck: Total Number Specifications Mailed Out: 18 Total Number Specifications Download (Demandstar): 2 Total Electronic Notifications (Demandstar): 15 Georgia Procurement Registry: 64 Mandatory Pre-Bid/Telephone Conference: NA Total packages submitted: 3 Total Non-Compliant: 1 5.00 Vehicle/Optionals Required: 6.00 Manufacturer options: Bid Opening Bid Item #19-280 2020 6500GVWR Pickup Truck for Augusta, Georgia - Central Services Department-Fleet Maintenance Division Wedesday, October 8, 2019 @ 11:00 a.m. Page 1 of 4 UNOFFICIAL VENDORS Allan Vigil 6790 Mount Zion Blvd Morrw, GA 30260 Master Buick GMC 3710 Washington Rd Augusta, GA 30907 Gerald Jones Ford 3480 Wrightsboro Rd Augusta, GA 30909 Total Number Specifications Mailed Out: 18 Total Number Specifications Download (Demandstar): 2 Total Electronic Notifications (Demandstar): 15 Georgia Procurement Registry: 64 Mandatory Pre-Bid/Telephone Conference: NA Total packages submitted: 3 Total Non-Compliant: 1 Bid Opening Bid Item #19-280 2020 6500GVWR Pickup Truck for Augusta, Georgia - Central Services Department-Fleet Maintenance Division Wedesday, October 8, 2019 @ 11:00 a.m. 6.12 Limited Slip Axle $525.00 395 519 6.13 Tilt / Cruise $215.00 1285 205 6.14 Cab Steps $262.00 795 228 6.15 Daytime Running Lights $42.00 n/a 41 6.16 Power Windows/Locks/Mirrors $1,088.00 *pk 883 6.17 Power Seat $345.00 n/a $319.00 6.18 Class IV Hitch (w/o tow pkg) – 53B $100.00 n/a $137.00 6.19 Trailer Tow Pkg $555.00 395 $542.00 6.20 Trailer Tow Pkg (w/101A pkg) $916.00 n/a $906.00 6.21 Tow Mirrors w/ spotlights $495.00 345 $360.00 6.22 XL w/Power W-L-M, SYNC, AM/FM/CD, Cruise Control $2,075.00 n/a $2,074.00 6.23 Cruise Control & SYNC $795.00 n/a 588 6.24 40-20-40 Cloth Split Bench no charge n/a no charge 6.25 Cloth Buckets w/Console $275.00 n/a $295.00 6.26 Electric Brake Controller $265.00 $275.00 $250.00 6.27 Fog Lights $135.00 n/a $127.00 6.28 Carpet w/Mats $140.00 n/a $132.00 6.29 XL SSV Package $49.00 n/a $46.00 6.30 XLT Package – $4,763.00 n/a $5,055.00 6.31 Rear winjdow defroster & Bumpers $305.00 n/a $360.00 6.32 Aluminum Wheels & Bumpers – 86A $740.00 4900 $705.00 6.33 Box Side Steps $305.00 n/a $296.00 6.34 Tailgate Step $355.00 no charge $341.00 Page 2 of 4 UNOFFICIAL VENDORS Allan Vigil 6790 Mount Zion Blvd Morrw, GA 30260 Master Buick GMC 3710 Washington Rd Augusta, GA 30907 Gerald Jones Ford 3480 Wrightsboro Rd Augusta, GA 30909 Total Number Specifications Mailed Out: 18 Total Number Specifications Download (Demandstar): 2 Total Electronic Notifications (Demandstar): 15 Georgia Procurement Registry: 64 Mandatory Pre-Bid/Telephone Conference: NA Total packages submitted: 3 Total Non-Compliant: 1 Bid Opening Bid Item #19-280 2020 6500GVWR Pickup Truck for Augusta, Georgia - Central Services Department-Fleet Maintenance Division Wedesday, October 8, 2019 @ 11:00 a.m. 6.35 Reverse Sensing $255.00 n/a $250.00 6.36 Spray-In Bedliner $375.00 $545.00 $400.00 6.37 Exterior Color Not Included in Base Price Color: ___________ 720.00 school bus yellow 195 n/c 6.38 Exterior Color Not Included in Base Price Color: ___________ n/a 495 n/c 6.39 Exterior Color Not Included in Base Price Color: ___________n/a n n/c Page 3 of 4 UNOFFICIAL VENDORS Allan Vigil 6790 Mount Zion Blvd Morrw, GA 30260 Master Buick GMC 3710 Washington Rd Augusta, GA 30907 Gerald Jones Ford 3480 Wrightsboro Rd Augusta, GA 30909 Total Number Specifications Mailed Out: 18 Total Number Specifications Download (Demandstar): 2 Total Electronic Notifications (Demandstar): 15 Georgia Procurement Registry: 64 Mandatory Pre-Bid/Telephone Conference: NA Total packages submitted: 3 Total Non-Compliant: 1 Bid Opening Bid Item #19-280 2020 6500GVWR Pickup Truck for Augusta, Georgia - Central Services Department-Fleet Maintenance Division Wedesday, October 8, 2019 @ 11:00 a.m. 6.40 Interior Color Not Included in Base Price Color: ___________ n/a n n/c 6.41 Interior Color Not Included in Base Price Color: ___________ n/a n n/c 6.42 Interior Color Not Included in Base Price Color: ___________ n/a n n/c 6.43 Delivery Fee per Vehicle $150.00 n $50.00 7.01 Fire extinguisher $65.00 no bid $55.00 7.02 Outlet receptacle $75.00 no bid $65.00 7.03 Toolbox $500.00 no bid $500.00 7.04 Trailer hitch $150.00 no bid $170.00 7.05 Trailer wiring see 6.19 no bid $40.00 7.06 Trailer ball $35.00 no bid $30.00 7.07 Window tint, regular cab $175.00 no bid $170.00 7.08 Window tint, extended cab $185.00 no bid $180.00 7.09 Window tint, crew cab $195.00 no bid $185.00 7.10 Add on step $185.00 no bid $228.00 7.11 Backup alarm $80.00 no bid $70.00 7.12 Drill Free Light Bar Cab Mount $750.00 no bid $743.00 7.13 LED top mount light $625.00 no bid $618.00 7.14 County Emergency Equipment Package $895.00 no bid $898.00 7.15 Fire Emergency Equipment Package $1,958.00 no bid $1,968.00 7.00 Outfitter's Specialty Items: Page 4 of 4 Commission Meeting Agenda 11/5/2019 2:00 PM 2019 - Fire Department Department:Central Services Department - Fleet Management Division Department:Central Services Department - Fleet Management Division Caption:Motion to approve Fire Department requests the purchase of two pickup trucks; one for the Fire Department vehicle maintenance truck and one for the Fire Prevention Bureau. (Approved by Administrative Services Committee October 29, 2019) Background:The Fire Department is requesting the replacement of two 2000 Ford Rangers. Asset number 994411 with 118,393 miles and Asset number 994413 with 105,566 miles. Both vehicles meet the replacement criteria that was approved by the Commission. Bid Tab Sheets and vehicle evaluations are attached. Analysis:The Procurement Department published a competitive bid using the Demand Star application for 2020 6,500 GVWR Pick-up Truck (Bid #19-280). Invitations to Bid were sent to 18 vendors with three vendors responding and one being non-compliant. Bid tab sheets are attached for your review. The Department has selected two F-150’s with varying options. The attached tab sheet details options included on each vehicle. Bid# 19-280: 2020 Ford F150 – Gerald Jones – $22,854.76 – Allan Vigil Ford - $23,235 Bid# 19-280: 2020 Ford F150 – Allan Vigil Ford - $25,760 - Gerald Jones – $26,756.76 (Gerald Jones Ford Denied the Local Vendor Preference Option) Financial Impact:1 – 2020 Ford F150 @ $22,854.76 and 1 – 2020 Ford F150 @ $25,760. The total purchase order designated to Gerald Jones Ford is $22,854.76. The total purchase order designated to Allan Vigil Ford is $25,760. The vehicles will be purchased using department funds. (ACCT# 274-03-4110/54-22110) Alternatives:(1) Approve the request; (2) Do not approve the request Recommendation:Approve the purchase of 2 - Ford F150s for the Fire Department. Funds are Available in the Following Accounts: Fire Department Capital - (ACCT# 274-03-4110/54-22110) REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Department: BUILDING INSPECTIONS Funds: DEPARTMENT FUNDS BID 19-280 Year 2020 2020 2,020.00$ Brand GMC Ford Ford Model SIERRA F150 F150 Delivery Date 90-120 DAYS 90-DAYS ARO Base Price 5.01 NON COMPLIANT 19,550.00$ 19,948.76$ THRU 11/30/2019 6.13 Tilt/Cruise 210.00$ 215.00$ $ 205.00 6.14 Cab Steps (black)232.00$ 262.00$ $ 228.00 6.16 Power Windows/locks/mirrors 1,069.00$ 1,088.00$ $ 883.00 6.34 Tailgate Step 346.00$ 355.00$ $ 341.00 6.36 Spray Bed Liner 549.00$ 375.00$ $ 400.00 6.43 Delivery Fee -$ 150.00$ $ 50.00 7.03 Tool Box 392.00$ 500.00$ $ 500.00 7.07 Window Tint, reg cab 155.00$ 175.00$ $ 170.00 7.14 County Emergency Package 782.00$ 895.00$ $ 898.00 OPTIONS TOTAL 4,015.00$ $ 3,675.00 BASE PRICE: 19,550.00$ $ 19,948.76 TOTAL FOR OPTIONS AND BASE PRICE Non-Compliant 23,565.00$ 23,623.76$ $ 23,565.00 LVO MATCH 2020 Ford F-150 (1/2 ton) Regular Cab, 6 Cyl, 4X2 SWB EXT COLOR: Equipment included in base price:OXFORD WHITE 3.3L V6 flex fuel engine INT COLOR: 6 speed Automatic Transmission GREY Factory Installed A/C AM-FM Radio Solar Tinted Glass Power Steering/ABS Brakes Rear View back up camera Vynyl 40/20/40 Bench seat Rubber Floor Covering Full Size Spare/Step bumper Auto Lamp Headlights Short Bed (6.5 ft.) 6500 GVWR P245/70RX17 Tires Rain Sensing wipers 5.01 FOR ALL DEPARTMENTS- Pickup Truck 6500 GVWR-BIDS OPENED 10/08/2019 @ 11:00 Gerald Jones MASTER BUICK GMC Allan Vigil Ford Invitation to Bid Sealed bids will be received at this office until Tuesday, October 8, 2019 @ 11:00 a.m. for furnishing for Augusta, GA Central Services Department - Fleet Maintenance Bid Item #19-280 2020 6500GVWR Pickup Truck Bid Item #19-281 2019/2020 15 Passenger Van Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, September 20, 2019 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference an eligible bidder must submit a completed and signed written application to become a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project. An eligible bidder who fails to submit an application for approval as a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project, and who otherwise meets the requirements for approval as a local bidder, will not be qualified for a bid preference on such eligible local project. No bids may be withdrawn for a period of ninety (90) days after bids have been opened, pending the execution of contract with the successful bidder. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle August 29, September 5, 12, 19, 2019 Metro Courier August 29, 2019 UNOFFICIAL VENDORS Allan Vigil 6790 Mount Zion Blvd Morrw, GA 30260 Master Buick GMC 3710 Washington Rd Augusta, GA 30907 Gerald Jones Ford 3480 Wrightsboro Rd Augusta, GA 30909 Attachment B Yes Non-Compliant Not Notarized Yes E-Verify Number 94460 665555 933751 SAVE Form Yes Non-Compliant Not Notarized Yes Year 2020 2020 2020 Make Ford GMC Ford Model F150 Sierra F150 Approximate Delivery Schedule 90-120 days 90 days from award 5.01 2020 Pickup Truck (1/2 ton)$19,500.50 $27,563.00 $19,948.76 6.01 5.0L V8 Flex Fuel Engine - 995 $1,836.00 $1,395.00 $1,816.00 6.02 3.5L V6 EcoBoost Engine – 99G $2,388.00 n/a $2,362.00 6.03 2.7L V6 EcoBoost – 99P $916.00 n/a $906.00 6.04 Long Bed (8ft) $285.00 n/a $287.00 6.05 Extended range fuel tank $410.00 n/a n/a 6.06 Super Cab (6.5ft bed) $2,525.00 3900 3902 6.07 Super Cab (8ft bed) $3,690.00 n/a n/a 6.08 4X4 Option (All Models) $2,645.00 5600 4436 6.09 Skid Plates $155.00 150 146 6.10 Crew Cab XL SWB $4,920.00 6300 6247 6.11 Crew Cab XL LWB $5,850.00 6600 n/a 2020 6500GVWR Pickup Truck: Total Number Specifications Mailed Out: 18 Total Number Specifications Download (Demandstar): 2 Total Electronic Notifications (Demandstar): 15 Georgia Procurement Registry: 64 Mandatory Pre-Bid/Telephone Conference: NA Total packages submitted: 3 Total Non-Compliant: 1 5.00 Vehicle/Optionals Required: 6.00 Manufacturer options: Bid Opening Bid Item #19-280 2020 6500GVWR Pickup Truck for Augusta, Georgia - Central Services Department-Fleet Maintenance Division Wedesday, October 8, 2019 @ 11:00 a.m. Page 1 of 4 UNOFFICIAL VENDORS Allan Vigil 6790 Mount Zion Blvd Morrw, GA 30260 Master Buick GMC 3710 Washington Rd Augusta, GA 30907 Gerald Jones Ford 3480 Wrightsboro Rd Augusta, GA 30909 Total Number Specifications Mailed Out: 18 Total Number Specifications Download (Demandstar): 2 Total Electronic Notifications (Demandstar): 15 Georgia Procurement Registry: 64 Mandatory Pre-Bid/Telephone Conference: NA Total packages submitted: 3 Total Non-Compliant: 1 Bid Opening Bid Item #19-280 2020 6500GVWR Pickup Truck for Augusta, Georgia - Central Services Department-Fleet Maintenance Division Wedesday, October 8, 2019 @ 11:00 a.m. 6.12 Limited Slip Axle $525.00 395 519 6.13 Tilt / Cruise $215.00 1285 205 6.14 Cab Steps $262.00 795 228 6.15 Daytime Running Lights $42.00 n/a 41 6.16 Power Windows/Locks/Mirrors $1,088.00 *pk 883 6.17 Power Seat $345.00 n/a $319.00 6.18 Class IV Hitch (w/o tow pkg) – 53B $100.00 n/a $137.00 6.19 Trailer Tow Pkg $555.00 395 $542.00 6.20 Trailer Tow Pkg (w/101A pkg) $916.00 n/a $906.00 6.21 Tow Mirrors w/ spotlights $495.00 345 $360.00 6.22 XL w/Power W-L-M, SYNC, AM/FM/CD, Cruise Control $2,075.00 n/a $2,074.00 6.23 Cruise Control & SYNC $795.00 n/a 588 6.24 40-20-40 Cloth Split Bench no charge n/a no charge 6.25 Cloth Buckets w/Console $275.00 n/a $295.00 6.26 Electric Brake Controller $265.00 $275.00 $250.00 6.27 Fog Lights $135.00 n/a $127.00 6.28 Carpet w/Mats $140.00 n/a $132.00 6.29 XL SSV Package $49.00 n/a $46.00 6.30 XLT Package – $4,763.00 n/a $5,055.00 6.31 Rear winjdow defroster & Bumpers $305.00 n/a $360.00 6.32 Aluminum Wheels & Bumpers – 86A $740.00 4900 $705.00 6.33 Box Side Steps $305.00 n/a $296.00 6.34 Tailgate Step $355.00 no charge $341.00 Page 2 of 4 UNOFFICIAL VENDORS Allan Vigil 6790 Mount Zion Blvd Morrw, GA 30260 Master Buick GMC 3710 Washington Rd Augusta, GA 30907 Gerald Jones Ford 3480 Wrightsboro Rd Augusta, GA 30909 Total Number Specifications Mailed Out: 18 Total Number Specifications Download (Demandstar): 2 Total Electronic Notifications (Demandstar): 15 Georgia Procurement Registry: 64 Mandatory Pre-Bid/Telephone Conference: NA Total packages submitted: 3 Total Non-Compliant: 1 Bid Opening Bid Item #19-280 2020 6500GVWR Pickup Truck for Augusta, Georgia - Central Services Department-Fleet Maintenance Division Wedesday, October 8, 2019 @ 11:00 a.m. 6.35 Reverse Sensing $255.00 n/a $250.00 6.36 Spray-In Bedliner $375.00 $545.00 $400.00 6.37 Exterior Color Not Included in Base Price Color: ___________ 720.00 school bus yellow 195 n/c 6.38 Exterior Color Not Included in Base Price Color: ___________ n/a 495 n/c 6.39 Exterior Color Not Included in Base Price Color: ___________n/a n n/c Page 3 of 4 UNOFFICIAL VENDORS Allan Vigil 6790 Mount Zion Blvd Morrw, GA 30260 Master Buick GMC 3710 Washington Rd Augusta, GA 30907 Gerald Jones Ford 3480 Wrightsboro Rd Augusta, GA 30909 Total Number Specifications Mailed Out: 18 Total Number Specifications Download (Demandstar): 2 Total Electronic Notifications (Demandstar): 15 Georgia Procurement Registry: 64 Mandatory Pre-Bid/Telephone Conference: NA Total packages submitted: 3 Total Non-Compliant: 1 Bid Opening Bid Item #19-280 2020 6500GVWR Pickup Truck for Augusta, Georgia - Central Services Department-Fleet Maintenance Division Wedesday, October 8, 2019 @ 11:00 a.m. 6.40 Interior Color Not Included in Base Price Color: ___________ n/a n n/c 6.41 Interior Color Not Included in Base Price Color: ___________ n/a n n/c 6.42 Interior Color Not Included in Base Price Color: ___________ n/a n n/c 6.43 Delivery Fee per Vehicle $150.00 n $50.00 7.01 Fire extinguisher $65.00 no bid $55.00 7.02 Outlet receptacle $75.00 no bid $65.00 7.03 Toolbox $500.00 no bid $500.00 7.04 Trailer hitch $150.00 no bid $170.00 7.05 Trailer wiring see 6.19 no bid $40.00 7.06 Trailer ball $35.00 no bid $30.00 7.07 Window tint, regular cab $175.00 no bid $170.00 7.08 Window tint, extended cab $185.00 no bid $180.00 7.09 Window tint, crew cab $195.00 no bid $185.00 7.10 Add on step $185.00 no bid $228.00 7.11 Backup alarm $80.00 no bid $70.00 7.12 Drill Free Light Bar Cab Mount $750.00 no bid $743.00 7.13 LED top mount light $625.00 no bid $618.00 7.14 County Emergency Equipment Package $895.00 no bid $898.00 7.15 Fire Emergency Equipment Package $1,958.00 no bid $1,968.00 7.00 Outfitter's Specialty Items: Page 4 of 4 Commission Meeting Agenda 11/5/2019 2:00 PM 2019 - Planning and Development Trucks Department:Central Services Department - Fleet Management Division Department:Central Services Department - Fleet Management Division Caption:Motion to approve Planning and Development Department requests the purchase of five pickup trucks only at a cost of $117,825.00 from Gerald Jones Ford and come back to the Commission in 30-days with a report regarding the status of the Ford Ranger trucks.(Approved by Administrative Services Committee October 29, 2019) Background:The Planning and Development Department is requesting the purchase of five new pickup trucks for the Construction Division, who is responsible for onsite inspections of new construction. They will then pass down the older model trucks (Ford Rangers) to the Business License Division, as they do not have any vehicles. Bid Tab Sheets are attached. Analysis:The Procurement Department published a competitive bid using the Demand Star application for 2020 6,500 GVWR Pick-up Truck (Bid #19-280). Invitations to Bid were sent to 18 vendors with three vendors responding and one being non-compliant. Bid tab sheets are attached for your review. Bid #19-280: 2020 Ford F150 – Allan Vigil Ford - $23,565 - Gerald Jones – $23,623.76 GJF Accepted the Local Vendor Preference Option at $23,565 Financial Impact:5 – 2020 Ford F150 @ $23,565each; total purchase order to Gerald Jones Ford is $117,825. The vehicles will be purchased using department funds. (ACCT# 217-07-2210/54-22210) Alternatives:(1) Approve the request; (2) Do not approve the request Recommendation:: Approve the purchase of 5 - Ford F150s for the Planning and Development Department Building Inspections Capital (ACCT# 217-07-2210/54-22210) Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission BID 19- 258 Year 2020 2020 Make Ford Hino Model F750 268A Base Price (5.00)$77,227.00 $76,750.00 Delivery Date 16-18 Weeks ARO 120 Days ARO TOTALS:$77,227.00 $76,750.00 BID 19- 258 Year 2019 Make Ford Model F750 Base Price (5.00)$80,058.00 Delivery Date 120 Days ARO FOR ALL DEPARTMENTS-DUMP TRUCK - BID OPENING 7/26/19 @ 11:00 Wade Ford 3860 South Cobb Drive Smyrna, GA 30080 CSRA Fleetcare 1351 Gordon Highway Augusta, GA 30901 Nextran Truck Center 2855 Broadway, Macon, GA 31206 Freightliner of Augusta 2930 Riverwest Drive Augusta, GA 30907 NO N - C O M P L I A N T (N O E - V e r i f y N u m b e r Pr o v i d e d ) TOTALS $80,058.00 $0.00 NO N - C O M P L I A N T (N O E - V e r i f y N u m b e r Pr o v i d e d ) $0.00 FOR ALL DEPARTMENTS-DUMP TRUCK - BID OPENING 7/26/19 @ 11:00 K & K Manuafacturing 70 Pike Industrial Way Milner, GA 30257 NO N - C O M P L I A N T (D u m p B o d y O n l y Of f e r e d ) Rush Truck Center 2925 Gun Club Road Augusta, GA 30907 NO N - C O M P L I A N T (S A V E F o r m I n c o m p l e t e ) $0.00 NO N - C O M P L I A N T (S A V E F o r m I n c o m p l e t e ) Invitation to Bid Sealed bids will be received at this office until Friday, July 26, 2019 @ 11:00 a.m. for furnishing for: Central Services Department – Fleet Maintenance Bid Item # 19-258 2019/2020 Dump Truck Bid Item # 19-260 2019/2020 Utility Truck 31,000 GVWR Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. All questions must be submitted in writing by fax to 706 821-2811 or by email to the office of the Procurement Department by Friday, July 12, 2019 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference an eligible bidder must submit a completed and signed written application to become a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project. An eligible bidder who fails to submit an application for approval as a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project, and who otherwise meets the requirements for approval as a local bidder, will not be qualified for a bid preference on such eligible local project. No bids may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle June 20, 27, July 4, 11, 2019 Metro Courier June 20, 2019 OFFICIAL VENDORS Wade Ford 3860 South Cobb Dr Smyrna, GA 30080 CSRA Fleetcare DBA Matthews Motors 1351 Gordon Highway Augusta, GA 30901 Freightliner of Augusta 2930 Riverwest Dr Augusta, GA 30907 K and K Manufacturing 70 Pike Industrial Way Milner, GA 30257 Nextran Truck Center 2855 Broadway Macon, GA 31206 Rush Truck Center 2925 Gun Club Road Augusta, GA 30907 Attachment B Yes Yes Yes Yes Yes Yes E-Verify Number 314470 873249 No Non-Compliant 474167 204765 1255460 SAVE Form Yes Yes Yes Yes Yes Yes Non-Compliant 5.00 2019/2020 Dump Truck $77,227.00 $76,750.00 $76,295.00 / Non-Compliant $18,820.00 / Dump Body Only $80,058.00 $83,412.53 / Non-Compliant 8.01 4X4 Drivetrain $34,933.00 N/A No Bid No Bid No Bid 8.02 Clutch Shift PTO Standard Deduct $1,150.00 No Bid No Bid No Bid Year 2020 2020 2020 2019 2020 Make Ford Hino Freightliner Ford International Model F750 268A MZ106 F750 MV607 Approximate Delivery Time 16-18 Weeks ARO 120 Days ARO 90-120 Days ARO 18-20 weeks 120 Days ARO Oct/Nov Total Number Specifications Mailed Out: 27 Total Number Specifications Download (Demandstar): 3 Total Electronic Notifications (Demandstar): 50 Georgia Procurement Registry: 51 Mandatory Pre-Bid/Telephone Conference: NA Total packages submitted: 6 5.00 Vehicle Requirements 8.00 Optional Item Bid Opening Bid Item #19-258 2019/2020 Dump Truck for Augusta, Georgia- Central Services Department-Fleet Maintenance Division Bid Due: Friday, July 26, 2019 @ 11:00 a.m. Commission Meeting Agenda 11/5/2019 2:00 PM 2019 - Utilities - Construction Non-CDL Truck Department:Central Services Department - Fleet Management Division Department:Central Services Department - Fleet Management Division Caption:Motion to approve Utilities Department-Construction Division requests the purchase of two non-CDL style dump trucks at a cost of $76,750 each using the Department’s enterprise capital outlay. CSRA Fleetcare dba Matthew Motors - Bid 19-258 (Approved by Administrative Services Committee October 29, 2019) Background:The Utilities Department-Construction Division is requesting to replace a larger tandem axle dump truck asset number 994222. Truck 994222 was a 19 year old International 2554 model truck which had 126 documented work orders totaling $89,197.00. Vehicle was originally purchased for $64,870 in November 1999. Truck 994222 was recommended for disposal in May 2019, to replace the engine and other necessary repairs would total over $17,000. The two non-CDL type dump trucks will enable the Utilities Department-Construction Division to have more flexibility regarding qualified drivers to handle job sites. Additionally, they will have the added benefit to address two job sites at once instead of being anchored to one site until complete. The bid tab sheet for Bid 19-258: non-CDL style dump trucksis attached for your review. Analysis:The Procurement Department published a competitive bid using the Demand Star application for Non CDL Style Dump Trucks. Invitations to bid were sent to 27 vendors to include five qualified local vendors. The vendor, CSRA Fleetcare dba Matthews Motors, from Augusta, GA was able to offer the requested product with necessary specifications. Bid 19-258: Non CDL Style Dump Trucks: 2020 Hino 268A – CSRA Fleetcare: $76,750.00 (Augusta, GA); 2020 Ford F750 – Wade Ford: $77,227.00 (Smyrna, GA); 2020 Ford F750 – Nextran Truck Center: $80,058.00 (Macon, GA) Financial Impact:Two (2) – 2020 Hino 268A non-CDL style dump trucks @ $76,750.00 each. The total purchase is $153,500.00 for the Utilities-Construction Division. The equipment will be purchased with department enterprise funds (ACCT# 506-04- 3410-54.22510). Alternatives:(1) Approve the request; (2) Do not approve the request (3) approve the request in part. Recommendation:Approve the purchase of two – 2020 Hino 268A Non CDL Style Dump Trucks for the Utilities Department-Construction Division. Funds are Available in the Following Accounts: Enterprise Capital Outlay: 506-04-3410-54.22510) REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Invitation to Bid Sealed bids will be received at this office until Friday, August 9, 2019 for furnishing: Bid Item #19-262 Underground Storage Tank Closure by Removal – 401 Walton Way for Augusta, Georgia Central Services Department Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be viewed on the Augusta, Georgia web site under Procurement Department ARCbid. Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. A Pre Bid Conference will be held on Friday, July 19, 2019 @ 10:00 a.m. in the Procurement Department, 535 Telfair Street, Room 605, Augusta, GA 30901. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Tuesday, July 23, 2019 @ 5:00 p.m. No bid will be accepted by fax, all must be received by mail or hand delivered. No bids may be withdrawn for a period of ninety (90) days after bids have been opened, pending the execution of contract with the successful bidder. A 10% Bid Bond is required to be submitted along with the bidders’ qualifications; 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. 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 places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle June 27, July 4, 11, 18, 2019 Metro Courier June 27, 2019 OFFICIAL VENDORS Point to Point Environmental 1010 Pennsylvania Ave. McDonough, GA 30253 ATC 1453 Greene St., Suite A Augusta, GA 30901 Aqua-Terra Recycling 710 Moore St. Oxford, GA 30054 A & D Environmental Services 985 Union Hill Road Alpharetta, GA 30004 Attachment B Yes Yes Yes Yes E-Verify Number 1426297 46692 394153 490919 SAVE Form Yes Yes Yes Yes Addendum 1 Yes Yes Yes Yes Bid Bond Yes Yes Yes Yes Bid Price $141,970.00 $110,050.00 $155,978.05 $155,680.18 Total Number Specifications Mailed Out: 23 Total Number Specifications Download (Demandstar): Total Electronic Notifications (Demandstar): Georgia Procurement Registry: 77 Mandatory Pre-Bid/Telephone Conference: 5 Total packages submitted: 4 Total Non-Compliant: 0 Bid Opening Bid Item #19-262 Underground Storage Tank Closure by Removal – 401 Walton Way for Augusta, Georgia-Central Services Department- Facilities Maintenance Department Bid Due: Friday, August 9, 2019 @ 11:00 a.m. Page 1 of 1 Commission Meeting Agenda 11/5/2019 2:00 PM Award Contract for UST Closure by Removal Department:Central Services - Facilities Department:Central Services - Facilities Caption:Motion to approve Bid-Award the contract for underground storage tank removal at 401 Walton Way to ATC Services of Augusta in the amount of $110,050.00. Bid Item 19-262. (Approved by Administrative Services Committee October 29, 2019) Background:In accordance with the SPLOST 7 referendum approved by the voters of Augusta, the process of demolishing the former LEC at 401 Walton Way has begun. The first major activity is the removal of the underground storage tanks that held diesel fuel for the emergency generator. Letting this under a separate contract will allow Augusta to begin the process and reduce the cost by not having to pay the markup to perform this work under the demolition contract. Analysis:Invitation to Bid (ITB) 19-262 was issued through the Procurement Department in accordance with regulations. Bids were received on August 9, 2019.The low bid was submitted by ATC Services of Augusta in the amount of $110,050.00. Financial Impact:The contract amount is $110,050. Alternatives:1. Award the contract for underground storage tank removal at 401 Walton Way to ATC Services of Augusta, in the amount of $110,050.00. 2. Do not award Recommendation:Award the contract for underground storage tank removal at 401 Walton Way to ATC Services of Augusta, in the amount of $110,050.00. Funds are Available in the This project is funded through SPLOST 7. 329051120-5212999 (JL 216057105-5212999) Following Accounts: REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Commission Meeting Agenda 11/5/2019 2:00 PM HCD_ Family Initiative of the CSRA, Inc., Funding Request Department:HCD Department:HCD Caption:Motion to approve Housing and Community Development Department’s (HCD's) request to provide Housing Opportunities for Persons with AIDS (HOPWA) funding to Family Initiative of the CSRA, Inc. to carry out program. (Approved by Administrative Services Committee October 29, 2019) Background:The HOPWA program is authorized by the U.S. Congress and managed at the federal level by HUD. The goal of HOPWA is to assist clients in achieving and maintaining housing stability so as to avoid/reduce homelessness and improve their access to, and engagement in, HIV care and treatment. HOPWA is designed to promote client housing stability and act as a bridge to long-term assistance programs when possible. Family Initiative applied for funding during the 2018 Application Process and was not funded in 2018 which has left them in need for additional funding. Family Initiative is one of five (5) Sponsors that administers the HOPWA program and will utilize funding to continue providing services to eligible clients in the CSRA. Analysis:The approval of funding will allow Family Initiative to continue to provide services to eligible individuals in the CSRA. Financial Impact:HCD will provide HOPWA funding from previous annual allocations from U.S. Department of Housing and Urban Development in the amount of $ 103,457.54. Alternatives:Do not approve the funding to Family Initiative of the CSRA, Inc. Recommendation:Motion to approve Housing and Community Development Department’s (HCD's) request to provide Housing Opportunities for Persons with AIDS (HOPWA) funding to Family Initiative of the CSRA, Inc. to carry out program. Funds are Available in the Following Accounts: U S. Department of Housing and Urban Development (HUD) Funds: Housing Opportunities for Persons with Aids (HOPWA) funds. Org key: 221073213-5211119 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission 1 CONTRACT between AUGUSTA, GEORGIA And J. LOVETT HOMES & CONSTRUCTION, LLC. in the amount of $138,870.50 One Hundred Thirty-Eight Thousand Eight Hundred Seventy and 58/100 for Fiscal Year 2018 Providing funding for LANEY WALKER/BETHLEHEM REVITALIZATION PROJECT HOME FUNDING “Single Family New Construction – 1547 Twiggs Court” THIS AGREEMENT (“Contract”), is made and entered into as of the th day of ________, 2019 (“the effective date”) by and between Augusta, Georgia, acting through the Housing and Community Development Department (hereinafter referred to as “AHCD”) - with principal offices at 925 Laney Walker Blvd., 2nd Floor, Augusta, Georgia 30901, as party of the first part, hereinafter called "Augusta", and J. Lovett Homes & Construction LLC.=., a developer, organized pursuant to the Laws of the State of Georgia, hereinafter called "J. Lovett” as party in the second part. WITNESSETH WHEREAS, Augusta is qualified by the U. S. Department of Housing and Urban Development (hereinafter called HUD) as a Participating Jurisdiction, and has received Laney Walker Bond Financing for the purpose of providing and retaining affordable housing for eligible families; and WHEREAS, Augusta wishes to increase homeownership opportunities and preserve and increase the supply of affordable housing for eligible families; and WHEREAS, Augusta wishes to enter into a contractual agreement with J. Lovett Homes for the administration of the eligible affordable housing development activities utilizing HOME Investment Partnerships (HOME) Program funds; and WHEREAS, this activity has been determined to be eligible activity according to 24 CFR 92.504(c)(13), and will meet one or more of the national objectives and criteria outlined in Title 24 Code of Federal Regulations, Part 92 of the Housing and Urban Development regulations. WHEREAS, J. Lovett Homes has been selected and approved through a solicitation process for development partners to assist in the redevelopment of the Laney Walker/Bethlehem communities. Initial _____ 2 WHEREAS, J. Lovett Homes has agreed to provide services funded through this contract free from political activities, religious influences or requirements; and WHEREAS, J. Lovett Homes has requested and Augusta has approved a total of $ 38,870.58 in grant funds to perform eligible activities as described in Article I, below: NOW, THEREFORE, the parties of this agreement for the consideration set forth below, do here and now agree to the following terms and conditions: ARTICLE I. SCOPE OF SERVICES A. Scope of Services Project Description: J. Lovett Homes agrees to utilize approved HOME Program funds to support project related costs associated with the construction of a single family unit located at 1547 Twiggs Court to include: 1. Perform all required construction management and project oversight; in accordance with all laws, ordinances, and regulations of Augusta; 2. Perform all functions required to ensure delivery of a final product meeting all requirements as set forth by said Agreement to include: Materials list to include brand name and/or model number of materials as specified or agreed to adjustments to specifications including but are not limited to: appliances, windows, HVAC, fixtures and first quality lumber. J. Lovett Homes is to provide a finish schedule with the specifications, brands and model numbers for all interior finishes 90 days from completion for agreement by HCD. Actual material invoices may be requested to verify charges, B. Use of Funds: HOME Investment Partnerships (HOME) Program funds shall be used by J. Lovett Homes for the purposes and objectives stated in Article I, Scope of Services, and Exhibit “A” of this Agreement. The use of these funds for any other purpose(s) is not permitted. The following summarizes the proposed uses of the funds under this Agreement: An amount not to exceed $138,870.58 shall be expended by J. Lovett Construction to support the construction of the single family unit. 1. Construction An amount not to exceed sixteen percent (16%) of the actual construction costs, only including materials and labor, as outlined and approved on the Work Write-up shall be expended by J. Lovett Homes for construction costs related to the development of one single family detached homes identified as 1547 Twiggs Court. The design and specification of this property shall be approved by HCD prior to construction. Funds will be used to assist with the cost of all construction related fees. 2. Profit An amount not to exceed amount as outlined and approved in Article I. Scope of Services, Section B. Use of Funds and on the Work Write-Up, shall be paid to J. Lovett Homes for costs identified as necessary operating time and expenses in addition to the profit accrued in the development of one single family detached home identified as 1547 Twiggs Court. HCD will have the latitude to pay O&P directly the procured developer/contractor on a pay performance basis or upon the sale of the single family detached home identified as 1547 Twiggs Court. 3 Initial _____ C. Program Location and Specific Goals to be Achieved J. Lovett Homes shall conduct project development activities and related services in its project area (also known as the Laney Walker Bethlehem Community) that incorporates the following boundaries: Fifteenth Street, R.A. Dent, Wrightsboro Road, Twiggs Street, Martin Luther King Boulevard and Walton Way and its designated geographic boundaries approved by AHCD. D. Project Eligibility Determination It has been determined that the use of the funds by the J. Lovett Homes will be in compliance with 24 CFR Part 92. Notwithstanding any other provisions of this contract, J. Lovett Homes shall provide activities and services as described in the description of the project, including use of funds, its goals and objectives, tasks to be performed and a detailed schedule for completing the tasks for this project as provided in Exhibit A of this contract. ARTICLE II. BUDGET AND METHOD OF PAYMENT J Lovett Homes will be compensated in accordance with this Article II, Budget and Method of Payment, that specifically identifies the use of project funding as represented in Article II. C.2 of this Agreement. J Lovett Homes will carry out and oversee the implementation of projects to be funded with HOME Program funds. J. Lovett Homes agrees to perform the required services under the general coordination of the Augusta Housing and Community Development Department. In addition and upon approval by Augusta, J. Lovett Homes, may engage the services of outside professional services consultants and contractors to help carry out the program and projects. A. Augusta shall designate and make the funds available in the following manner: 1. The method of payment for construction costs, including only materials and labor as outlined and approved on the Work Write-Up, shall be on a pay for performance basis provided J. Lovett Homes and HCD determine the progress is satisfactory. J. Lovett Homes shall utilize the AIA Form provided by HCD (See appendix). For invoicing, J. Lovett Homes shall include documentation showing proof of completion of work in accordance with the amount requested, inspected and accepted by HCD, lien waivers for vendors and subcontractors, as specified in the Work Write-Up found in Exhibit B & E. 2. HCD will monitor the progress of the project and J. Lovett Homes’ performance on a weekly basis with regards to the production of housing units and the overall effectiveness of project. 3. Upon the completion of this agreement, any unused or residual funds remaining shall revert to Augusta and shall be due and payable on such date of the termination and shall be paid no later than thirty (30) days thereafter. 4. Funds may not be transferred from line to line item in the project budget without the prior written approval of Augusta. Initial _____________ 4 5. HCD will retain five percent (5%) of an amount of construction costs, including only materials and labor as outlined and approved on the Work Write-Up, after the Certificate of Occupancy has been issued until J. Lovett Homes and HCD determine that all HCD punch list items have been satisfied. B. Project Financing The Augusta Housing and Community Development Department (HCD) will provide an amount not to exceed the actual construction costs including only materials and labor as outlined and approved on the Work Write-Up to be expended by J. Lovett Homes for construction costs related to the development of one single family detached home identified as 1547 Twiggs Court. All funding is being provided as payment for services rendered as per this agreement. C. Timetable for Completion of Project Activities 1. J. Lovett Homes shall be permitted to commence with the expenditure of funds as outlined in said Agreement . J. Lovett Homes shall obligate and expend the designated funds by May 31, 2020. Based on the budget outlined in C.2 below, J. Lovett Homes will provide a detailed outline of critical project milestones and projected expenditures during the course of the development project as Exhibit C. These documents will become an official part of the contractual agreement and provide the basis for overall project performance measurements. 2. J. Lovett Homes agrees to pay as liquidated damages to Augusta the sum of one hundred dollars ($100) for each consecutive calendar day after the expiration of the contract time of completion time, except for authorized extensions by Augusta. D. Project Budget: Limitations 1. J. Lovett Homes shall be paid a total consideration of $ 138,870.58 for full performance of the services specified under this Agreement. Any cost above this amount shall be the sole responsibility of the J. Lovett Homes. It is also understood by both parties to this contract that the funding provided under this contract for this specific project shall be the only funds provided by Augusta – unless otherwise agreed to by Augusta and J. Lovett Homes. 2. J. Lovett Homes shall adhere to the following budget in the performance of this contract. A. Project Activity Cost $ 138,870.58 New Construction TOTAL PROJECT COST: $ 138,870.58 Initial_____ 5 ARTICLE IV. TERM OF CONTRACT The term of this agreement shall commence on the date when this agreement is executed by Augusta and the J. Lovett Homes (whichever date is later) and shall end at the completion of all program activities, within the time specified in Article I.D, or in accordance with ARTICLE IX: Suspension and Termination. ARTICLE V. DOCUMENTATION AND PAYMENT A. This is a pay-for-performance contract and in no event shall Augusta provide advance funding to the J. Lovett Homes, or any subcontractor hereunder. All payments to the J. Lovett Homes by Augusta will be made on a reimbursement basis. B. J. Lovett Homes shall maintain a separate account and accounting process for funding sources. C. J. Lovett Homes shall not use these funds for any purpose other than the purpose set forth in this Agreement. D. Subject to J. Lovett Homes's compliance with the provisions of this Agreement, Augusta agrees to reimburse all budgeted costs allowable under federal, state, and local guidelines. E. All purchases of capital equipment, goods and services shall comply with the procurement procedures of OMB Circular A-110 "Uniform Administrative Requirements for Grant Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations" as well as the procurement policy of Augusta. F. Requests by J. Lovett Homes for payment shall be accompanied by proper documentation and shall be submitted to HCD, transmitted by a cover memo, for approval no later than thirty (30) calendar days after the last date covered by the request. For purposes of this section, proper documentation includes: "Reimbursement Request" form supplied by HCD, copies of invoices, receipts, other evidence of indebtedness, budget itemization and description of specific activities undertaken. Invoices shall not be honored if received by Augusta later than sixty (60) calendar days after expiration date of this Agreement. Reimbursement request form is in Appendix A. G. J. Lovett Homes shall maintain an adequate financial system and internal fiscal controls. H. Unexpended Funds: Unexpended funds shall be retained by Augusta. Upon written request, Augusta may consider the reallocation of unexpended funds to eligible projects proposed by the J. Lovett Homes. ARTICLE VIII ADMINISTRATIVE REQUIREMENTS A. Conflict of Interest J. Lovett Homes agrees to comply with the conflict of interest provisions contained in 24 CFR 85.36, 570.611, OMB Circular A-110 and OMB Circular A-102 as appropriate. This conflict of interest provision applies to any person who is an employee, agent, consultant, officer, or elected official or appointed official of J. Lovett Homes. No person described above 6 who exercises, may exercise or has exercised any functions or responsibilities with respect to the activities supported under this contract; or who are in a position to participate in a decision- making process or gain inside information with regard to such activities, may obtain any financial interest or benefit from the activities, or have a financial interest in any contract, sub- contract, or agreement with respect to the contract activities, either for themselves or those with whom they have business or family ties, during their tenure or for one year thereafter. For the purpose of this provision, "family ties", as defined in the above cited volume and provisions of the Code of Federal Regulations, include those related as Spouse, Father, Mother, Father-in- law, Mother-in-law, Step-parent, Children, Step-children, Brother, Sister, Brother-in-law, Sister-in-law, Grandparent, Grandchildren of the individual holding any interest in the subject matter of this Agreement. J. Lovett Homes in the persons of Directors, Officers, Employees, Staff, Volunteers and Associates such as Contractors, Sub-contractors and Consultants shall sign and submit a Conflict of Interest Affidavit. (Affidavit form attached as part in parcel to this Agreement) Initial _____ B. Augusta may, from time to time, request changes to the scope of this agreement and obligations to be performed hereunder by J. Lovett Homes. In such instances, J. Lovett Homes shall consult with HCD/Augusta on any changes that will result in substantive changes to this Agreement. All such changes shall be made via written amendments to this Agreement and shall be approved by the governing bodies of both Augusta and J. Lovett Homes. C. Statutes, regulations, guidelines and forms referenced throughout this Agreement are listed in Appendix A and are attached and included as part in parcel to this Agreement. ARTICLE IX. OTHER REQUIREMENTS A. Fair Housing J. Lovett Homes agrees that it will conduct and administer activities in conformity with Pub. L. 88-352, "Title VI of the Civil Rights Act of 1964", and with Pub. L. 90-284 "Fair Housing Act", and that it will affirmatively further fair housing. One suggested activity is to use the fair housing symbol and language in J. Lovett Homes’s publications and/or advertisements. (24 CFR 570.601). B. Ownership Interest J. Lovett Homes agrees that the ownership in the housing assisted units must meet the definition of “homeownership” in §92.2. C. Non-Discrimination J. Lovett Homes. agrees to comply with 24 CFR Part I, which provides that no person shall be excluded from participation in this project on the grounds of race, color, national origin, or sex; or be subject to discrimination under any program or activity funded in whole or in part with federal funds made available pursuant to the Act. 7 D. Labor Standards 1. General: J. Lovett Homes agrees that in instances in which there is construction work over $2,000 financed in whole or in part with funds under this Agreement, J. Lovett Homes will adhere to the Davis-Bacon Act (40 USC 276), as amended, which requires all laborers and mechanics working on the project to be paid not less than prevailing wage-rates as determined by the Secretary of Labor. By reason of the foregoing requirement, the Contract Work Hours and Safety Standards Act (40 USC 327 et seq.) also applies. These requirements apply to the rehabilitation of residential property only if such property contains eight or more units. (24 CFR 570.603) 1. Labor Matters: No person employed in the work covered by this contract shall be discharged or in any way discriminated against because he or she has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable hereunder to his or her employer. (24 CFR 570.603) Initial _____ E. Environmental Standards J. Lovett Homes agrees that in accordance with the National Environmental Policy Act of 1969 and 24 CFR part 58, it will cooperate with Augusta/HCD in complying with the Act and regulations, and that no activities will be undertaken until notified by Augusta/HCD that the activity is in compliance with the Act and regulations. Prior to beginning any project development activity, an environmental review must be conducted by the Augusta-Richmond County Planning Department pursuant to (24 CFR 570.604). F. Flood Insurance Consistent with the Flood Disaster Protection Act of 1973 (42 USC 4001-4128), J&B Construct agrees that the funds shall not be expended for acquisition or construction in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards (representing the 100-year floodplain). Exceptions will be made if the community is participating in the National Flood Insurance Program or less than a year has passed since FEMA notification and flood insurance has been obtained in accordance with section 102(a) of the Flood Disaster Protection Act of 1973. G. Displacement and Relocation J. Lovett Homes agrees to take all reasonable steps to minimize displacement of persons as a result of an assisted activities. Any such activities assisted with the funds will be conducted in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) and the Housing and Community Development Act of 1974 (24 CFR 570.606). H. Non-Discrimination in Employment J. Lovett Homes agrees to comply with Executive Order 11246 and 12086 and the regulations issued pursuant thereto (41 CFR 60) which provides that no person shall be discriminated against on the basis of race, color, religion, sex or national origin. J. Lovett Homes will in all solicitations or advertisements for employees placed by or on behalf of J. Lovett Homes, state 8 that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin or familial status. I. Employment and Business Opportunities J. Lovett Homes. agrees that low and moderate income persons residing within Augusta- Richmond County; and that contracts for work in connection with the project be awarded to eligible business concerns which are located in or owned in substantial part by persons residing in Augusta-Richmond County - (24 CFR 570.697). J. Lead-Based Paint In accordance with Section 92.355 of the Regulations and Section 570.608 of the CDBG Regulations, J. Lovett Homes agrees to comply with the Lead Based Paint Poisoning Prevention Act pursuant to prohibition against the use of lead-based paint in residential structures and to comply with 24 CFR 570.608 and 24 CFR 35 with regard to notification of the hazards of lead- based paint poisoning and the elimination of lead-based paint hazards. K. Debarred, Suspended or Ineligible Contractor J. Lovett Homes. agrees to comply with 24 CFR 570.609 with regards to the direct or indirect use of any contractor during any period of debarment, suspension or placement in ineligibility status. No contract will be executed until such time that the debarred, suspended or ineligible contractor has been approved and reinstated by HCD. L. Drug Free Workplace In accordance with 24 CFR part 24, subpart F, J. Lovett Homes agrees to administer a policy to provide a drug-free workplace that is free from illegal use, possession or distribution of drugs or alcohol by its beneficiaries as required by the Drug Free Workplace Act of 1988. M. Publicity Any publicity generated by J. Lovett Homes for the project funded pursuant to this Agreement, during the term of this Agreement or for one year thereafter, will make reference to the contribution of Augusta-Richmond County in making the project possible. The words "Augusta- Richmond County Department of Housing and Community Development" will be explicitly stated in any and all pieces of publicity; including but not limited to flyers, press releases, posters, brochures, public service announcements, interviews, and newspaper articles. N. Timely Expenditure of Funds In accordance with 24 CFR 85.43, if J. Lovett Homes fails to expend its grant funds in a timely manner, such failure shall constitute a material failure to comply with this Agreement and invoke the suspension and termination provisions of ARTICLE X. For purposes of this Agreement, timely expenditure of funds means J. Lovett Homes shall obligate and expend its funds as designated under ARTICLE II. (B). 9 O. Compliance with Laws and Permits J. Lovett Homes shall comply with all applicable laws, ordinances and codes of the federal, state, and local governments and shall commit no trespass on any public or private property in performing any of the work embraced by this contract. J. Lovett Homes agrees to obtain all necessary permits for intended improvements or activities. P. Assignment of Contract J. Lovett Homes shall not assign any interest in this contract or transfer any interest in the same without the prior written approval of Augusta. Initial _____ Q. Equal Employment Opportunity J. Lovett Homes agrees to comply with the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing regulations at 24 CFR part 146 and the prohibitions against otherwise qualified individuals with handicaps under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR part 8. For purposes of the emergency shelter grants program, the term dwelling units in 24 CFR part 8 shall include sleeping accommodations. R. Commitment to Non-Discrimination J. Lovett Homes will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, or familial status. J. Lovett Homes will take appropriate action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, or J. Lovett Homes social status. J. Lovett Homes agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by Augusta setting forth the provisions of this nondiscrimination clause. Except as prohibited by law or the March 14, 2007 Court Order in the case Thompson Wrecking, Inc. v. Augusta, Georgia, Civil Action No. 1:07- CV-019 (S.D. Ga. 2007), J. Lovett Homes agrees to comply with any federally mandated requirements as to minority and women-owned business enterprises in connection with HOME supported activities. ANY LANGUAGE INCLUDED HEREIN THAT VIOLATES OR IS INCONSISTENT WITH THE MARCH 14, 2007 CORT ORDER IN THE CASE, THOMPSON WRECKING, INC. V. AUGUSTA, GEORGIA, CIVIL ACTION NO. 1:07-CV-019 9S.D. Ga. 2007), IS VOIDABLE BY THE AUGUSTA GOVERNMENT. S. Religious Influence J. Lovett Homes will not discriminate against any employee or applicant for employment on the basis of religion and will not give preference of persons on the basis of religion. J. Lovett Homes will not discriminate against any person applying for shelter on the basis of religion. J. Lovett Homes will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing and exert no religious influence in the provision of shelter and other eligible activities funded by this grant. 10 T. Indirect Costs Indirect costs will only be paid if J. Lovett Homes has indirect cost allocation plan approved by the Department of Housing and Urban Development prior to the execution of this Contract. U. Travel If applicable, J. Lovett Homes shall obtain prior written approval from the Grantee for any travel outside the State of Georgia with funds provided under this contract. All Federal Travel Regulations are applicable (41 CFR Part 301). Initial _____ ARTICLE X. SUSPENSION AND TERMINATION A. In the event J. Lovett Homes materially fails to comply with any terms of this agreement, including the timely completion of activities as described in the timetable and/or contained in ARTICLE I, Scope of Services, Augusta may withhold cash payments until J. Lovett Homes, Inc. cures any breach of the agreement. If J. Lovett Homes fails to cure the breach, Augusta may suspend or terminate the current award of HOME funds for the J. Lovett Homes program. B. Notwithstanding the above, J. Lovett Homes shall not be relieved of its liability to Augusta for damages sustained as a result of any breach of this agreement. In addition, to any other remedies it may have at law or equity, Augusta may withhold any payments to J. Lovett Homes for the purposes of set off until such time as the exact amount of damages is determined. C. In the best interest of the program and to better serve the people in the target areas and fulfill the purposes of the Act, either party may terminate this Agreement upon giving thirty (30) days notice in writing of its intent to terminate, stating its reasons for doing so. In the event Augusta terminates the Agreement, Augusta shall pay J. Lovett Homes for documented committed eligible costs incurred prior to the date of notice of termination. D. Notwithstanding any termination or suspension of this Agreement, J. Lovett Homes shall not be relieved of any duties or obligations imposed on it under ARTICLES V, VI, VII, VIII, IX, XI, and XII of this agreement with respect to HOME funds previously disbursed or income derived therefrom. ARTICLE XI. NOTICES Whenever either party desires to give notice unto the other, such notice must be in writing, sent by certified United States mail, return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice shall remain such until it shall have been changed by written notice. Augusta will receive all notice at the address indicated below: Office of the Administrator Municipal Building 530 Green Street, Suite 801 11 Augusta, Georgia 30911 With copies to: Augusta Housing and Community Development Department 925 Laney Walker Blvd., 2nd Floor Augusta, Georgia 30901 J. Lovett Homes and Construction LLC. will receive all notices at the address indicated below: J. Lovett Homes and Construction LLC ATTN: Jozell Lovett 3062 Damascus Road, Suite G Augusta, GA 30909 Initial _____ ARTICLE XII. INDEMNIFICATION J. Lovett Homes will at all times hereafter indemnify and hold harmless Augusta, its officers, agents and employees, against any and all claims, losses, liabilities, or expenditures of any kind, including court costs, attorney fees and expenses, accruing or resulting from any or all suits or damages of any kind resulting from injuries or damages sustained by any person or persons, corporation or property, by virtue of the performance of this Agreement. By execution of this agreement, J. Lovett Homes specifically consents to jurisdiction and venue in the Superior Court of Richmond County, Georgia and waives any right to contest jurisdiction or venue in said Court. Should it become necessary to determine the meaning or otherwise interpret any work, phrase or provision of this Agreement, or should the terms of this Agreement in any way be the subject of litigation in any court of laws or equity. It is agreed that the laws of the State of Georgia shall exclusively control same. The parties hereto do agree to bind themselves, their heirs, executors, administrators, trustees, successors and assigns, all jointly and severally under the terms of this Agreement. ARTICLE XIII. INSURANCE AND BONDING J. Lovett Homes shall acquire adequate insurance coverage to protect all contract assets from loss or damage resulting from theft, fraud or physical damage. All policies and amounts of coverage shall be subject to approval by Augusta. Additionally, J. Lovett Homes shall procure and provide for approval by Augusta a blanket fidelity bond in the amount of at least $100,000.00 covering all personnel of J. Lovett Homes handling or charged with the responsibility for handling funds and property pursuant to this contract. J. Lovett Homes shall procure and provide, for approval by the Augusta, comprehensive general liability insurance in the amount of at least $1,000,000.00 insuring the Grantee and adding as named insured the City of Augusta, the Mayor, Commissioners, and Augusta's officers, agents, members, employees, and successors. Additionally, J. Lovett Homes shall procure officers and directors liability insurance under policies to be approved by the Augusta. All of the above policies shall provide that no act or omission of the grantee, its agents, servants or employees shall invalidate any insurance coverage for other named insured. No insurance policy providing insurance coverage required to be provided by J. Lovett Homes hereunder shall be cancelable without at least fifteen days advance written notice to the Grantee. All 12 insurance policies required hereunder or copies thereof shall be promptly submitted for approval by the Augusta. ARTICLE XIV. PRIOR AND FUTURE AGREEMENTS This document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. Augusta is not obligated to provide funding of any kind to J. Lovett Homes beyond the term of this Agreement. Initial ___________ ARTICLE XV. LEGAL PROVISIONS DEEMED INCLUDED Each and every provision of any law or regulations and clause required by law or regulation to be inserted in this Agreement shall be deemed to be inserted herein and this Agreement shall be read and enforced as though it were included herein and if, through mistake or otherwise, any such provision is not inserted or is not correctly inserted, then upon application of either party this Agreement shall forthwith be amended to make such insertion. 13 ARTICLE XVI. COUNTERPARTS This agreement is executed in two (2) counterparts – each of which shall be deemed an original and together shall constitute one and the same Agreement with one counterpart being delivered to each party hereto. IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above: ATTEST: AUGUSTA, GEORGIA (Augusta) Approved as to form: _________________________ Date:______________ Augusta, GA Law Department By: ___________________________________ Date: __________________ Hardie Davis As its Mayor By: ___________________________________ Date: _________________ Jarvis Sims As its Administrator By: ___________________________________ Date:_________________ Hawthorne Welcher, Jr. As its Director, HCD SEAL ____________________________ Lena Bonner As its Clerk ATTEST: J. Lovett Homes and Construction LLC. (Grantee) SEAL: By: ________________________ Its:_________________________ _______________________ (Plain witness) 14 APPENDIX A Statutes: (Available on Request) 24 CFR Part 92, HOME Investment Partnerships Program (“HOME”) OMB Circular A-110 - Uniform Administrative Requirements for Grants and Agreement with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations OMB Circular A- 122 - Cost Principles for Non-Profit Organizations OMB Circular A-133 - Audits of Institutions of Higher Education & other Non-Profit Institutions 40 USC 276 Davis-Bacon Act 40 USC 327 Contract Work Hours and Safety Standard Act Uniform Relocation Assistance and Real Property Acquisition Policies Act Lead Based Paint Poisoning Prevention Act 24 CFR 35 – HUD Requirements for Notification, Evaluation and Reduction of Lead-Based Paint Hazards in Housing Receiving Federal Assistance and Federally-Owned Residential Property being sold, Final Rule Augusta-Richmond County Procurement Policy Conflict of Interest Affidavit Forms: Reimbursement Form 15 APPENDIX B REPORTING REQUIREMENTS J.Lovett Homes shall submit to the Grantee the following reports for the term of this agreement. 1. Monthly/Quarterly Progress & Financial Reports Due the 15th of the new quarter. 3. Annual Progress Report (January 16, 2021) 4. Audit/Financial Report 5. Grantee shall maintain files on each person assisted. Each file shall contain, but is not restricted to, income data and verification for each person assisted; application for services; record of services provided; amount of services provided; documentation of costs for which assistance is provided; transportation log; documentation of medical need regarding prescriptions; and any other document that will provide proof of needed service(s) and subsequent provision of such service(s) as allowed under this contract. 16 APPENDIX C CONSTRUCTION REQUIREMENTS 1. All construction projects shall comply with Federal, State, and local codes and ordinances, including, but not limited to, the following: A. "Standard Building Code", 2000 Edition, Southern Building Congress, International, Inc., Birmingham, Alabama. B. "Standard Plumbing Code", latest edition, Southern Building Congress, International, Inc., Birmingham, Alabama. C. Standard Mechanical Code, latest edition, Southern Building Congress, International, Inc., Birmingham, Alabama. D. “National Electric Code”, latest edition, National Fire Protection Association, Quincy, Massachusetts. E. Model Energy Code, 1997, Council of American Building Officials. F. “ADA Accessibility Guidelines for Buildings and Facilities”, Department of Justice, American with Disabilities Act of 1990”. G. Williams-Steiger Occupational Safety and Health Act of 1970, Public Law 91-596. H. Part 1910 – Occupational Safety and Health Standards, Chapter XVII of Title 29, Code of Federal Regulations (Federal Register, Volume 37, Number 202, October 18, 1972). I. Part 1926 - Safety and Health Regulations for Construction, Chapter XVII of Title 29, Code of Federal Regulations (Federal Register, Volume 37, Number 243, December 16, 1972. J. Section 106 of the National Historic Preservation Act (16 U.S.C. 470f'). 2. Bidding: A. Only contractors included on the Augusta-Richmond County Housing & Community Development Department Approved Contractor List may bid on construction projects funded with CDBG funds B. All bids will be awarded to the lowest bidder submitting an accurate and qualified bid. C. All bidding documents and procedures will be made available for HCD review upon request 2. Eligible Contractors: Any contractor desiring to bid on HOME or CDBG projects may apply for inclusion on the AHCD Approved Contractor List. Applications will be processed and either approved or disapproved within 10 working days. Under no circumstances will barred, disapproved, or otherwise ineligible contractors be allowed to bid on CDBG funded projects. 3. Project Review. All plans, specifications, work write-ups, projected cost estimates, punch lists or other means of outlining work on a particular project will be submitted in writing to AHCD for 17 review and approval prior to bidding. AHCD Construction and Rehabilitation Inspectors will review these items for compliance with new construction and/or rehabilitation standards and materials use. 4. Rehabilitation Standards. All rehabilitation work will comply with the "Uniform Physical Condition Standards for HUD Housing." Workmanship and material standards will comply with the Augusta- Richmond County Housing & Community Development Department Contractors Manual and Performance Standards. A copy of this manual is provided to every contractor when included on the AHCD Approved Contractors List. A copy is enclosed for inclusion. 5. Inspections. All projects will be inspected and approved by an AHCD Construction and Rehabilitation Inspector prior to release of the funds for that project. Commission Meeting Agenda 11/5/2019 2:00 PM HCD_ J. Lovett Homes – HOME Funding Request Department:HCD Department:HCD Caption:Motion to approve Housing and Community Development Department’s (HCD's) request to provide HOME funding to J. Lovett Homes and Construction, LLC to develop one (1) single family unit for a low to moderate income family evictions and to increase the FY2019 Approved Budget utilizing prior years grant carryover.(Approved by Administrative Services Committee October 29, 2019) Background:Housing and Community Development and J. Lovett Homes and Construction, LLC are working together to promote affordable housing through partnership wherein J. Lovett Homes is currently working with local non-profits to construct single family housing in Augusta. J. Lovett Homes is requesting that HCD assist in furthering affordable housing through a continual partnership of providing HOME funds for the construction of one additional unit. HCD will provide 100% of funding with 100% of funding with 100% of all funding being returned to HCD at closing to be utilized to construct future units. J. Lovett is requesting: 1547 Twiggs Court , Augusta, GA 30901: Total Construction Cost: $138,870.58. Total Request $138,870.58. Note 1: The funding request is to assist with the cost associated with the construction of single family units. Note 2: J. Lovett Homes is also using 100% of their funds to currently construct homes as well. Analysis:The approval of funding will allow J. Lovett Homes to construct one (1) single-family unit to be sold to eligible low income homebuyer. Financial Impact:HCD will utilize Home Investment Partnership (HOME) funding received through its annual allocation from Housing and Urban Development in the amount of $ 138,880.00 to assist in construction cost of one (1) single family unit. HCD does not have enough budgeted funds in the FY2019 Approved Budget so we are requesting to utilize FY2016 carryover grant budgeted funds from general ledger account 221073212/5225110 Construction Costs. Since the expense is reimbursable from the grant, the general ledger revenue account 221073212-3313122 HOME Grant Income will need to be increased in the amount of $138,880.00. There is no impact to the City’s General Fund. Alternatives:Do not approve the funding to J. Lovett Homes and Construction LLC. Recommendation:Motion to approve Housing and Community Development Department’s (HCD's) request to provide HOME funding to J. Lovett Homes and Construction, LLC to develop one (1) single family unit for a low to moderate income family. Funds are Available in the Following Accounts: U.S. Department of Housing and Urban Development (HUD) Funds: - Prior year carryover Home Investment Partnership Program (HOME) funds. Org Key 221073212 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Augusta Housing & Community Development Department 918 Boyd Lane Contract Page 1 CONTRACT between AUGUSTA, GEORGIA And CAPITALRISE LLC. in the amount of $71,631.45 USD Seventy-One Thousand, Six-Hundred and Thirty-One Dollars and 45/100 for Fiscal Year 2019 Providing funding for LANEY WALKER/BETHLEHEM REVITALIZATION PROJECT 918 Boyd Lane THIS AGREEMENT (“Contract”), is made and entered into as of the day of ________ 2019 (“the effective date”) by and between Augusta, Georgia, a political subdivision of the State of Georgia (hereinafter referred to as “Augusta”), acting through the Housing and Community Development Department (hereinafter referred to as “AHCD”) - with principal offices at 925 Laney Walker Blvd., 2nd Floor, Augusta, Georgia 30901, as party of the first part, and Capitalrise LLC., a developer, organized pursuant to the Laws of the State of Georgia, hereinafter called "CAPITALRISE” as party in the second part. WITNESSETH WHEREAS, Augusta is qualified by the U. S. Department of Housing and Urban Development (hereinafter called HUD) as a Participating Jurisdiction, and has received Laney Walker/Bethlehem Bond Financing for the purpose of providing and retaining affordable and market rate housing for eligible families; and WHEREAS, Augusta wishes to increase homeownership opportunities and preserve and increase the supply of affordable/market rate housing for eligible families; and WHEREAS, Augusta wishes to enter into a contractual Agreement with CAPITALRISE for the administration of eligible affordable and market rate housing development activities utilizing Laney Walker Bond Financing; and WHEREAS, this activity has been determined to be an eligible activity in accordance with 24 CFR 92.504(c)(13) and will meet one or more of the national objectives and criteria outlined in Title 24 Code of Federal Regulations, Part 92 of the Housing and Urban Development regulations; and WHEREAS, CAPITALRISE has been selected and approved through a solicitation process for development partners to assist in the redevelopment of Laney Walker and Bethlehem communities; and Augusta Housing & Community Development Department 918 Boyd Lane Contract Page 2 WHEREAS, CAPITALRISE has agreed to provide services funded through this contract free from political activities, religious influences or requirements; and WHEREAS, CAPITALRISE has requested and Augusta has approved a total of $71,631.45 in funding to perform eligible activities as described in Article I; below: NOW, THEREFORE, the parties of this Agreement for the consideration set forth below, do here and now agree to the following terms and conditions: ARTICLE I. SCOPE OF SERVICES A. Scope of Services Project Description: CAPITALRISE agrees to utilize approved Laney Walker/Bethlehem Bond Financing funds to support project related costs associated with the Laney Walker/Bethlehem Redevelopment Project. This project is a mixed income housing effort which involves development and construction of new single family housing units along Pine Street. Under this Agreement: Perform new construction services for one (1) single family detached homes identified as property number 918 Boyd Lane. Perform all required construction management and project oversight; in accordance with all laws, ordinances, and regulations of Augusta; Perform all functions required to ensure delivery of a final product meeting all requirements as set forth by said Agreement to include: Materials list to include brand name and/or model number of materials as specified or agreed to adjustments to specifications including but not limited to: appliances, windows, HVAC, fixtures and First Quality lumber. CAPITALRISE is to provide a finish schedule with the specifications, brands and model numbers for all interior finishes 90 days from completion for agreement by AHCD. Actual material invoices may be requested to verify charges. B. Use of Funds: Laney Walker/Bethlehem Bond Financing funds shall be used by CAPITALRISE for the purposes and objectives as stated in Article I, Scope of Services, of this Agreement. The use of funding for any other purpose(s) is not permitted. The following summarizes the proposed uses of funds under this Agreement based on total material and labor cost of $71,631.45. Augusta Housing & Community Development Department 918 Boyd Lane Contract Page 3 Activity Amount Responsible Party Materials & Labor 71,631.45$ Capitalrise Materials & Labor 71,631.45$ AHCD Building Permit Fee 1,210.00$ AHCD Real Estate Commission 10,140.00$ AHCD Buyer's Assistance 10,000.00$ AHCD Developer's Fee 250.00$ AHCD TOTAL 164,862.90$ Party Total Investment Comments AHCD Investment 93,231.45$ L&M, BP, RC, BA, DF Capitalrise Investment 71,631.45$ Labor & Materials TOTAL INVESTMENT 164,862.90$ Activity Sales Price Payee Amount Home Sales Price 169,000.00$ Not Applicable AHCD Proceeds 75,768.55$ Capitalrise Proceeds 93,231.45$ 169,000.00$ Description of Project Expenses Summary of Parties Investments Distribution of Funds Upon Sale TOTAL DISTRIBUTED *To the extent that the pricing provided by CAPITALRISE is erroneous and defective, the parties may by agreement, correct pricing errors to reflect the intent of the parties. CAPITALRISE shall adhere to the following budget in the performance of this contract: 1. Construction An amount not to exceed fifty percent (50%) of the actual construction costs, only including materials and labor, as outlined and approved on the Work Write-Up shall be expended by CAPITALRISE for construction costs related to the development of one single family detached home identified as 918 Boyd Lane as part of the Heritage Pine Street Project. The design and specifications of the property shall be approved by AHCD prior to construction (see Appendix). Funds will be used to assist with the cost of all construction related fees. 2. Profit An amount not to exceed fifty percent (50%) of the sales price, as outlined and approved in Article I. Scope of Services, Section B. Use of Funds and on the Work Write-Up, shall be paid to CAPITALRISE for costs identified as necessary operating time and expenses in addition to the profit accrued in the development of one single family detached home identified as 918 Boyd Lane as part of the Heritage Pine Project. AHCD will have the latitude to pay O&P Augusta Housing & Community Development Department 918 Boyd Lane Contract Page 4 directly to the procured developer/contractor on a pay for performance basis or upon the sale of the single family detached home identified as 918 Boyd Lane. 3. Developer’s Fee An amount not to exceed $250.00 in a grant shall be expended to CAPITALRISE in support of the project development fees. Drawdowns are to be requested after sale of the single family detached home identified as 918 Boyd Lane. C. Program Location and Specific Goals to be Achieved CAPITALRISE shall conduct project development activities and related services in its project area (also known as the Heritage Pine Community) that incorporates the following boundaries: Eleventh Street, Laney Walker Boulevard, Pine Street and Florence Street. D. Project Eligibility Determination It has been determined that the use of Laney Walker/Bethlehem Bond Financing funds by CAPITALRISE will be in compliance with legislation supporting community development in Laney Walker/Bethlehem as authorized under the Urban Redevelopment Authority which acts in behalf of the Augusta Commission to provide oversight of the operation of the Laney Walker/Bethlehem Redevelopment Project. Notwithstanding any other provisions of this contract, CAPITALRISE shall provide activities and services as described in the description of the project, including use of funds, its goals and objectives, tasks to be performed and a detailed schedule for completing the tasks for this project as provided in Exhibit A of this contract. ARTICLE II. BUDGET AND METHOD OF PAYMENT CAPITALRISE will carry out and oversee the implementation of the project as set forth in this Agreement and agrees to perform the required services under the general coordination of the Augusta Housing and Community Development Department. In addition, and upon approval by Augusta, CAPITALRISE, may engage the services of outside professional services consultants and contractors to help carry out the program and projects. A. Augusta shall designate and make Laney Walker/Bethlehem Bond Financing funds available in the following manner: 1. Augusta agrees to pay CAPITALRISE, a maximum of $ $250.00 under this Agreement for project expenses incurred as outlined in ARTICLE I, Scope of Services, subject to CAPITALRISE’s compliance with all terms and conditions of this Agreement and the procedures for documenting expenses and activities as set forth in said Agreement; 2. The method of payment for construction costs, including only materials and labor as outlined and approved on the Work Write-Up, not to exceed the aforementioned contracted fifty percent (50%) shall be on a pay for performance basis provided CAPITALRISE and AHCD determine the progress is satisfactory. CAPITALRISE shall utilize the AIA Form provided by AHCD (see Appendix). For invoicing, CAPITALRISE will include documentation showing proof of completion of work in accordance with the amount requested, inspected and accepted Augusta Housing & Community Development Department 918 Boyd Lane Contract Page 5 by AHCD, lien waivers for vendors and sub-contractors, as specified in the Work Write-Up found in Exhibit B & E. 3. AHCD will monitor the progress of the project and CAPITALRISE’s performance on a weekly basis with regards to the production of housing units and the overall effectiveness of project. 4. Upon the completion of this Agreement, any unused or residual funds remaining shall revert to Augusta and shall be due and payable on such date of the termination and shall be paid no later than thirty (30) days thereafter. CAPITALRISE and AHCD shall share in the cost and proceeds of developing the residence at 918 Boyd Lane as follows: Activity Amount Responsible Party Materials & Labor 71,631.45$ Capitalrise Materials & Labor 71,631.45$ AHCD Building Permit Fee 1,210.00$ AHCD Real Estate Commission 10,140.00$ AHCD Buyer's Assistance 10,000.00$ AHCD Developer's Fee 250.00$ AHCD TOTAL 164,862.90$ Party Total Investment Comments AHCD Investment 93,231.45$ L&M, BP, RC, BA, DF Capitalrise Investment 71,631.45$ Labor & Materials TOTAL INVESTMENT 164,862.90$ Activity Sales Price Payee Amount Home Sales Price 169,000.00$ Not Applicable AHCD Proceeds 75,768.55$ Capitalrise Proceeds 93,231.45$ 169,000.00$ Description of Project Expenses Summary of Parties Investments Distribution of Funds Upon Sale TOTAL DISTRIBUTED 5. Funds may not be transferred from line item to line item in the project budget without the prior written approval of Augusta Housing and Community Development. 6. This Agreement is based upon the availability of funding under the Laney Walker/Bethlehem Revitalization Project. Should funds no longer be available, it is agreed to by both parties that this contract shall terminate and any CAPITALRISE and AHCD deemed satisfactorily progress made within the contracted construction only amount not to exceed percent (50%) shall be paid to CAPITALRISE. Augusta Housing & Community Development Department 918 Boyd Lane Contract Page 6 7. AHCD will retain five percent (5%) of an amount within the fifty (50%) of construction costs, including only materials and labor as outlined and approved on the Work Write-Up, after the Certificate of Occupancy has been issued until CAPITALRISE and AHCD determine that all AHCD punchlist items have been satisfied. B. Project Financing The Augusta Housing and Community Development Department (AHCD) will provide an amount not to exceed fifty percent (50%) of the actual construction costs including only materials and labor as outlined and approved on the Work Write-Up to be expended by CAPITALRISE for construction costs related to the development of one single family detached home identified as 918 Boyd Lane. Additionally, AHCD will provide fifty percent (50%) of all change orders (where applicable) as approved by both Augusta and CAPITALRISE in writing. All funding is being provided as payment for services rendered as per this Agreement. C. Timetable for Completion of Project Activities CAPITALRISE shall be permitted to commence with the expenditure of Laney Walker/Bethlehem Bond Financing funds as outlined in said Agreement upon procurement of a construction contractor in accordance with its policies and procedures; and approval of a detailed outline of project expenditures anticipated for the completion of the development within 180 days of said home identified as 918 Boyd Lane as part of the Heritage Pine Project. Liquidated Damages CAPITALRISE agrees to pay as liquidated damages to Augusta the sum of one hundred dollars ($100.00) for each consecutive calendar day after the expiration of the Contract Time of Completion Time, except for authorized extensions of time by Augusta. This section is independent of any section within this Agreement concerning the default of CAPITALRISE. The parties agree that these provisions for liquidated damages are not intended to operate as penalties for breach of Contract. The liquidated damages set forth above are not intended to compensate Augusta for any damages other than inconvenience and loss of use or delay in services. The existence or recovery of such liquidated damages shall not preclude Augusta from recovering other damages in addition to the payments made hereunder which Augusta can document as being attributable to the documented failure of CAPITALRISE. In addition to other costs that may be recouped, Augusta may include costs of personnel and assets used to coordinate, inspect, and re-inspect items within this Agreement as well as attorney fees if applicable. Specified excuses Augusta Housing & Community Development Department 918 Boyd Lane Contract Page 7 CAPITALRISE is not responsible for delay in performance caused by hurricanes, tornados, floods, and other severe and unexpected acts of nature. In any such event, the contract price and schedule shall be equitably adjusted. Temporary Suspension or Delay of Performance of Contract To the extent that it does not alter the scope of this Agreement, Augusta may unilaterally order a temporary stopping of the work, or delaying of the work to be performed by CAPITALRISE under this Agreement. D. Project Budget: Limitations All costs associated with construction, O&P, construction management, and real estate expenses have been outlined in said Agreement as percentage based costs related to the development of one single family detached home identified as 918 Boyd Lane as part of the Heritage Pine Project. AHCD will have the latitude to pay such costs directly to the procured construction contractor. CAPITALRISE shall be paid a total consideration of no more than $250.00 for full performance of the services specified under this Agreement. Any cost above this amount shall be the sole responsibility of CAPITALRISE. It is also understood by both parties to this contract that the funding provided under this contract for this specific project shall be the only funds provided by Augusta – unless otherwise agreed to by Augusta and CAPITALRISE. CAPITALRISE shall adhere to the budget as outlined in the Work Write-Up (Exhibit B) in the performance of this contract. ARTICLE III. TERM OF CONTRACT The term of this Agreement shall commence on the date when this Agreement is executed by Augusta and CAPITALRISE (whichever date is later) and shall end at the completion of all program activities, within the time specified in Article II.C, or in accordance with ARTICLE X: Suspension and Termination. ARTICLE IV. DOCUMENTATION AND PAYMENT A. This is a pay-for-performance contract and in no event shall Augusta provide advance funding to CAPITALRISE, or any subcontractor hereunder. B. CAPITALRISE shall not use these funds for any purpose other than the purpose set forth in this Agreement. C. Subject to CAPITALRISE’s compliance with the provisions of this Agreement, Augusta agrees to reimburse all budgeted costs allowable under federal, state, and local guidelines. D. All purchases of capital equipment, goods and services shall comply with the procurement procedures of OMB Circular A-110 "Uniform Administrative Requirements for Grant Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations" as well as the procurement policy of Augusta. Augusta Housing & Community Development Department 918 Boyd Lane Contract Page 8 E. Requests by CAPITALRISE for payment shall be accompanied by proper documentation and shall be submitted to AHCD, transmitted by a cover memo, for approval no later than thirty (30) calendar days after the last date covered by the request. For purposes of this section, proper documentation includes: Updated Exhibit A- schedule (Gantt Chart), Updated Exhibit B- Work Write-Up, and AIA Form. F. CAPITALRISE shall maintain an adequate financial system and internal fiscal controls. G. Unexpended Funds: Unexpended funds shall be retained by Augusta. Upon written request, Augusta may consider the reallocation of unexpended funds to eligible projects proposed by CAPITALRISE. H. The terms of this Agreement supersede any and all provisions of the Georgia Prompt Pay Act. I. Upon the sale of the detached single family home at 918 Boyd Lane, AHCD is to provide CAPITALRISE with any outstanding payments on approved invoices and related costs received within ten (10) business days. ARTICLE V. ADMINISTRATIVE REQUIREMENTS Conflict of Interest CAPITALRISE agrees to comply with the conflict of interest provisions contained in 24 CFR 85.36, 570.611, OMB Circular A-110 and OMB Circular A-102 as appropriate. This conflict of interest provision applies to any person who is an employee, agent, consultant, officer, or elected official or appointed official of CAPITALRISE. No person described above who exercises, may exercise or has exercised any functions or responsibilities with respect to the activities supported under this contract; or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain any financial interest or benefit from the activities, or have a financial interest in any contract, sub-contract, or agreement with respect to the contract activities, either for themselves or those with whom they have business or family ties, during their tenure or for one year thereafter. For the purpose of this provision, "family ties", as defined in the above cited volume and provisions of the Code of Federal Regulations, include those related as Spouse, Father, Mother, Father-in-law, Mother-in-law, Step-parent, Children, Step-children, Brother, Sister, Brother-in-law, Sister-in-law, Grandparent, Grandchildren of the individual holding any interest in the subject matter of this Agreement. CAPITALRISE in the persons of Directors, Officers, Employees, Staff, Volunteers and Associates such as Contractors, Sub-contractors and Consultants shall sign and submit a Conflict of Interest Affidavit. (Affidavit form attached as part in parcel to this Agreement) Augusta may, from time to time, request changes to the scope of this Agreement and obligations to be performed hereunder by CAPITALRISE. In such instances, CAPITALRISE shall consult with AHCD/Augusta on any changes that will result in substantive changes to this Agreement. All such changes shall be made via written amendments to this Agreement and shall be approved by the governing bodies of both Augusta and CAPITALRISE. Statutes, regulations, guidelines and forms referenced throughout this Agreement are listed in Appendix A and are attached and included as part in parcel to this Agreement. Augusta Housing & Community Development Department 918 Boyd Lane Contract Page 9 ARTICLE VI. OTHER REQUIREMENTS A. CAPITALRISE agrees that it will conduct and administer activities in conformity with Pub. L. 88-352, "Title VI of the Civil Rights Act of 1964", and with Pub. L. 90-284 "Fair Housing Act" and that it will affirmatively further fair housing. One suggested activity is to use the fair housing symbol and language in CAPITALRISE’s publications and/or advertisements. (24 CFR 570.601). B. CAPITALRISE agrees that the ownership in the housing assisted units must meet the definition of “homeownership” in §92.2. C. CAPITALRISE agrees to comply with 24 CFR Part I, which provides that no person shall be excluded from participation in this project on the grounds of race, color, national origin, or sex; or be subject to discrimination under any program or activity funded in whole or in part with federal funds made available pursuant to the Act. D. No person employed in the work covered by this contract shall be discharged or in any way discriminated against because he or she has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable hereunder to his or her employer. (24 CFR 570.603) E. CAPITALRISE agrees that in accordance with the National Environmental Policy Act of 1969 and 24 CFR Part 58, it will cooperate with Augusta/HCD in complying with the Act and regulations, and that no activities will be undertaken until notified by Augusta/HCD that the activity is in compliance with the Act and regulations. Prior to beginning any project development activity, an environmental review must be conducted by AHCD pursuant to (24 CFR 570.604). F. Consistent with the Flood Disaster Protection Act of 1973 (42 USC 4001-4128), CAPITALRISE agrees that funds shall not be expended for acquisition or construction in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards (representing the 100-year floodplain). Exceptions will be made if the community is participating in the National Flood Insurance Program or less than a year has passed since FEMA notification and flood insurance has been obtained in accordance with section 102(a) of the Flood Disaster Protection Act of 1973. G. CAPITALRISE agrees to take all reasonable steps to minimize displacement of persons as a result of assisted activities. Any such activities will be conducted in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) and the Housing and Community Development Act of 1974 (24 CFR 570.606). H. CAPITALRISE agrees to comply with Executive Order 11246 and 12086 and the regulations issued pursuant thereto (41 CFR 60) which provides that no person shall be discriminated against on the basis of race, color, religion, sex or national origin. CAPITALRISE will in all solicitations or advertisements for employees placed state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin or familial status. Augusta Housing & Community Development Department 918 Boyd Lane Contract Page 10 I. CAPITALRISE will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, or familial status. CAPITALRISE will take appropriate action to ensure that applicants are employed, and that employees are treated fairly during employment, without regard to their race, color, religion, sex, national origin or familial status. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or advertising; lay-off or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. CAPITALRISE agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by Augusta setting forth the provisions of this nondiscrimination clause. Augusta Housing & Community Development Department 918 Boyd Lane Contract Page 11 J. In accordance with Section 570.608 of the CDBG Regulations, CAPITALRISE agrees to comply with the Lead Based Paint Poisoning Prevention Act pursuant to prohibition against the use of lead-based paint in residential structures and to comply with 24 CFR 570.608 and 24 CFR 35 with regard to notification of the hazards of lead-based paint poisoning and the elimination of lead-based paint hazards. K. CAPITALRISE agrees to comply with 24 CFR 570.609 with regards to the direct or indirect use of any contractor during any period of debarment, suspension or placement in ineligibility status. No contract will be executed until such time that the debarred, suspended or ineligible contractor has been approved and reinstated by AHCD. L. In accordance with 24 CFR part 24, subpart F, CAPITALRISE agrees to administer a policy to provide a drug-free workplace that is free from illegal use, possession or distribution of drugs or alcohol by its beneficiaries as required by the Drug Free Workplace Act of 1988. M. Any publicity generated by CAPITALRISE for the project funded pursuant to this Agreement, during the term of this Agreement or for one year thereafter, will make reference to the contribution of Augusta, Georgia in making the project possible. The words "Augusta Georgia Department of Housing and Community Development" will be explicitly stated in any and all pieces of publicity; including but not limited to flyers, press releases, posters, brochures, public service announcements, interviews, and newspaper articles. N. CAPITALRISE shall comply with all applicable laws, ordinances and codes of the federal, state, and local governments and shall commit no trespass on any public or private property in performing any of the work embraced by this contract. CAPITALRISE agrees to obtain all necessary permits for intended improvements or activities. O. CAPITALRISE shall not assign any interest in this contract or transfer any interest in the same without the prior written approval of Augusta. CAPITALRISE agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by Augusta setting forth the provisions of this nondiscrimination clause. Except as prohibited by law or the March 14, 2007 Court Order in the case Thompson Wrecking, Inc. v. Augusta, Georgia, Civil Action No. 1:07-CV-019 (S.D. GA 2007). ANY LANGUAGE THAT VIOLATES THIS COURT ORDER IS VOIDABLE BY THE AUGUSTA GOVERNMENT. CAPITALRISE agrees to comply with any federally mandated requirements as to minority and women owned- business enterprises. P. All contractors and subcontractors entering into contracts with Augusta, Georgia for the physical performance of services shall be required to execute an Affidavit verifying its compliance with O.C.G.A § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with Augusta, Georgia has registered with and is participating in a federal work authorization program. All contractors and subcontractors must provide their E-Verify number and must be in compliance with the electronic verification of work authorized programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91 and shall continue Augusta Housing & Community Development Department 918 Boyd Lane Contract Page 12 to use the federal authorization program throughout the contract term. All contractors shall further agree that, should it employ or contract with any subcontractor in connection with the physical performance of services pursuant to its contract with Augusta, Georgia the contractor will secure from such subcontractors each subcontractor’s E-Verify number as evidence of verification of compliance with O.C.G.A §13-10-91 on the subcontractor affidavit provided in Rule 300-10-01-.08 or a substantially similar form. All contractors shall further agree to maintain records of such compliance and provide a copy of each such verification to Augusta, Georgia at the time the subcontractors are retained to perform such physical services. Q. CAPITALRISE agrees that low and moderate income persons reside within Augusta- Richmond County and that contract for work in connection with the project be awarded to eligible businesses which are located in or owned in substantial part by persons residing in Augusta-Richmond County. (24 CFR 570.697) Utilization of contractors and/or subcontractors outside of the Augusta-Richmond County area is not desirable. R. CAPITALRISE agrees to comply with the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing regulations at 24 CFR part 146 and the prohibitions against otherwise qualified individuals with handicaps under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR part 8. For purposes of the emergency shelter grants program, the term dwelling units in 24 CFR Part 8 shall include sleeping accommodations. S. CAPITALRISE will not discriminate against any employee or applicant for employment on the basis of religion and will not give preference of persons on the basis of religion. CAPITALRISE will not discriminate against any person applying for shelter on the basis of religion. CAPITALRISE will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing and exert no religious influence in the provision of shelter and other eligible activities funded by this grant. T. Indirect costs will only be paid if CAPITALRISE has indirect cost allocation plan approved by the Department of Housing and Urban Development prior to the execution of this Contract. U. AHCD shall not approve any travel or travel related expenses to CAPITALRISE with funds provided under this contract. V. Construction Requirements In the absence of local codes, properties must meet the HUD Section 8 Housing Quality Standards [HQS]. All housing assisted under this Agreement is “new construction” by definition and therefore must meet the local building codes for new housing in Augusta Georgia, as applicable. CAPITALRISE is required by state and local laws, to dispose of all site debris, trash, and rubble from the project 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 of, the name and location of the disposal facility, date of disposal and all related fee. Augusta, Georgia may, at reasonable times, inspect the part of the plant, place of business, or work site of CAPITALRISE or any subcontractor of CAPITALRISE or subunit thereof which is pertinent to the performance of any contract awarded or to be awarded by Augusta, Georgia. Augusta Housing & Community Development Department 918 Boyd Lane Contract Page 13 ARTICLE X. SUSPENSION AND TERMINATION A. In the event CAPITALRISE materially fails to comply with any terms of this Agreement, including the timely completion of activities as described in the timetable and/or contained in ARTICLE II.C, Augusta may withhold cash payments until CAPITALRISE cures any breach of the Agreement. If CAPITALRISE fails to cure the breach, Augusta may suspend or terminate the current award of funds. CAPITALRISE will not be eligible to receive any other funding. B. Notwithstanding the above, CAPITALRISE shall not be relieved of its liability to Augusta for damages sustained as a result of any breach of this Agreement. In addition, to any other remedies it may have at law or equity, Augusta may withhold any payments to CAPITALRISE for the purposes of offsetting the exact amount of damages once determined. C. In the best interest of the project and to better serve the people in the target areas and fulfill the purposes of the Laney Walker/ Bethlehem Revitalization project, either party may terminate this Agreement upon giving thirty (30) day notice in writing of its intent to terminate, stating its reasons for doing so. In the event Augusta terminates this Agreement, Augusta shall pay CAPITALRISE for documented committed eligible costs incurred prior to the date of notice of termination. D. Notwithstanding any termination or suspension of this Agreement, CAPITALRISE shall not be relieved of any duties or obligations imposed on it under this Agreement with respect to Laney Walker Bond Financing funds previously disbursed or income derived therefrom. E. To the extent that it does not alter the scope of this Agreement, Augusta, GA may unilaterally order a temporary stopping of the work or delaying of the work to be performed by CAPITALRISE under this contract. ARTICLE XI. NOTICES Whenever either party desires to give notice unto the other, such notice must be in writing, sent by certified United States mail, return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice shall remain such until it shall have been changed by written notice. Augusta will receive all notices at the address indicated below: Office of the Administrator ATTN: Jarvis Sims, Interim City Administrator Municipal Building 535 Telfair Street, Suite 910 Augusta, Georgia 30901 With copies to: Augusta Housing and Community Development Department ATTN: Hawthorne Welcher, Jr., Director 925 Laney Walker Blvd., 2nd Floor Augusta, Georgia 30901 Augusta Housing & Community Development Department 918 Boyd Lane Contract Page 14 CAPITALRISE will receive all notices at the address indicated below: Capitalrise LLC. ATTN: Peter Tuchyna and Frank Klimes 2924 Aylesbury Drive Augusta, GA 30909 ARTICLE XII. INDEMNIFICATION CAPITALRISE will at all times hereafter indemnify and hold harmless Augusta, its officers, agents and employees, against any and all claims, losses, liabilities, or expenditures of any kind, including court costs, attorney fees and expenses, accruing or resulting from any or all suits or damages of any kind resulting from injuries or damages sustained by any person or persons, corporation or property, by virtue of the performance of this Agreement. By execution of this Agreement, CAPITALRISE specifically consents to jurisdiction and venue in the Superior Court of Richmond County, Georgia and waives any right to contest jurisdiction or venue in said Court. Should it become necessary to determine the meaning or otherwise interpret any work, phrase or provision of this Agreement, or should the terms of this Agreement in any way be the subject of litigation in any court of laws or equity. It is agreed that the laws of the State of Georgia shall exclusively control the same. The parties hereto do agree to bind themselves, their heirs, executors, administrators, trustees, successors and assigns, all jointly and severally under the terms of this Agreement. ARTICLE XIII. PRIOR AND FUTURE AGREEMENTS This Document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. Augusta is not obligated to provide funding of any kind to CAPITALRISE beyond the term of this Agreement. CAPITALRISE warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by CAPITALRISE for the purpose of securing business and that CAPITALRISE has not received any non-Augusta fee related to this Agreement without the prior written consent of Augusta. For breach or violation of this warranty, Augusta shall have the right to annul this Agreement without liability or at its discretion to deduct from the Agreement prices of consideration the full amount of such commission, percentage, brokerage, or contingent fee. ARTICLE XIV. LEGAL PROVISIONS DEEMED INCLUDED Each and every provision of any law or regulations and clause required by law or regulation to be inserted in this Agreement shall be deemed to be inserted herein and this Agreement shall be read and enforced as though it were included herein and if, through mistake or otherwise, any such provision is Augusta Housing & Community Development Department 918 Boyd Lane Contract Page 15 not inserted or is not correctly inserted, then upon application of either party this Agreement shall forthwith be amended to make such insertion. ARTICLE XV. DISCLAIMER Any and all language in this Agreement pertaining to HUD regulations and/or the utilizations of HOME funding is deemed voidable when utilizing Laney Walker Bond funds in its entirety. However, if there are any federal funds utilized by this project, including Homebuyer Subsidy funds, this Agreement will be enforceable in its entirety. ARTICLE XVI. COUNTERPARTS This Agreement is executed in two (2) counterparts – each of which shall be deemed an original and together shall constitute one and the same Agreement with one counterpart being delivered to each party hereto. Augusta Housing & Community Development Department 918 Boyd Lane Contract Page 16 IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above: Approved as to Form By (please initial here): ______________ Augusta, Georgia Law Department Date: ____________________ By:__________________________________ Mayor Hardie Davis, Jr., as its Mayor Date: ____________________ By: _______________________________ Jarvis Sims, as its Interim CityAdministrator Date:_____________________ By: _________________________ Hawthorne Welcher, Jr., as its Director Date: _____________________ By: ________________________ Lena Bonner, as its Clerk of Commission Affix Seal Here: ATTEST: Capitalrise LLC. By: _________________________ Frank Klimes, Co-Owner Date:_______________________ By: _______________________ Peter Tuchyna, Co-Owner Date: ______________________ Augusta Housing & Community Development Department 918 Boyd Lane Contract Page 17 APPENDIX 1 Architectural Plans/Designs Augusta Housing & Community Development Department 918 Boyd Lane Contract Page 18 APPENDIX 2 American Institute of Architects (AIA) Form - Sample Augusta Housing & Community Development Department 918 Boyd Lane Contract Page 19 APPENDIX 3 Statutes: (Available on Request) OMB Circular A-110 - Uniform Administrative Requirements for Grants and Agreement with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations OMB Circular A- 122 - Cost Principles for Non-Profit Organizations OMB Circular A-133 - Audits of Institutions of Higher Education & other Non-Profit Institutions 40 USC 276 Davis-Bacon Act 40 USC 327 Contract Work Hours and Safety Standard Act Uniform Relocation Assistance and Real Property Acquisition Policies Act Lead Based Paint Poisoning Prevention Act 24 CFR 35 – HUD Requirements for Notification, Evaluation and Reduction of Lead-Based Paint Hazards in Housing Receiving Federal Assistance and Federally-Owned Residential Property being sold, Final Rule Augusta-Richmond County Procurement Policy Conflict of Interest Affidavit Augusta Housing & Community Development Department 918 Boyd Lane Contract Page 20 APPENDIX 4 CONSTRUCTION REQUIREMENTS 1. All construction projects shall comply with Federal, State, and local codes and ordinances, including, but not limited to, the following: A. "Standard Building Code", 2000 Edition, Southern Building Congress, International, Inc., Birmingham, Alabama. B. "Standard Plumbing Code", latest edition, Southern Building Congress, International, Inc., Birmingham, Alabama. C. Standard Mechanical Code, latest edition, Southern Building Congress, International, Inc., Birmingham, Alabama. D. “National Electric Code”, latest edition, National Fire Protection Association, Quincy, Massachusetts. E. Model Energy Code, 1997, Council of American Building Officials. F. “ADA Accessibility Guidelines for Buildings and Facilities”, Department of Justice, American with Disabilities Act of 1990”. G. Williams-Steiger Occupational Safety and Health Act of 1970, Public Law 91-596. H. Part 1910 – Occupational Safety and Health Standards, Chapter XVII of Title 29, Code of Federal Regulations (Federal Register, Volume 37, Number 202, October 18, 1972). I. Part 1926 - Safety and Health Regulations for Construction, Chapter XVII of Title 29, Code of Federal Regulations (Federal Register, Volume 37, Number 243, December 16, 1972. J. Section 106 of the National Historic Preservation Act (16 U.S.C. 470f'). 2. Project Review. All plans, specifications, work write-ups, projected cost estimates, punch lists or other means of outlining work on a particular project will be submitted in writing to AHCD for review and approval prior to bidding. AHCD Construction and Rehabilitation Inspectors or AHCD’s agent will review these items for compliance with new construction and/or rehabilitation standards and materials use. 3. Rehabilitation Standards. All rehabilitation work will comply with the "Uniform Physical Condition Standards for HUD Housing." Workmanship and material standards will comply with the Augusta-Richmond County Housing & Community Development Department Contractors Manual and Performance Standards. A copy of this manual is provided to every contractor when included on the AHCD Approved Contractors List. A copy is enclosed for inclusion. 4. Inspections. All projects will be inspected and approved by an AHCD Construction and Rehabilitation Inspector or AHCD’s agent prior to release of the funds for that project. Augusta Housing & Community Development Department 918 Boyd Lane Contract Page 21 APPENDIX 5 CONTRACTOR ACKNOWLEDGEMENT Capitalrise LLC acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Board of Commissioner and approval of the Mayor. Under Georgia law, Capitalrise LLC 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 Capitalrise LLC may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Capitalrise LLC agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if Capitalrise LLC 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 JLovett Homes & Construction. Capitalrise LLC assumes all risk of non-payment for the provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized including, without limitation, all remedies at law or equity. This acknowledgement shall be a mandatory provision in all Augusta, Georgia contracts for goods and services, except revenue producing contracts. ____________________________________ Frank Klimes or Peter Tuchyna Capitalrise, LLC. Owner Augusta Housing & Community Development Department 918 Boyd Lane Contract Page 22 EXHIBIT A PROJECT SCHEDULE OF COMPLETION CAPITALRISE MUST PROVIDE A COMPLETED SCHEDULE OF COMPLETION AS EXHIBIT A - WITH APPROPRIATE PROJECT MILESTONES WITHIN 10 TO 15 DAYS AFTER SIGNING THIS AGREEMENT. THIS SCHEDULE MUST BE PROVIDED IN SUFFICIENT DETAIL TO PERMIT AHCD TO MONITOR AND ASSESS PROGRESS IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT. A SAMPLE SCHEDULE IS PROVIDED. Augusta Housing & Community Development Department 918 Boyd Lane Contract Page 23 EXHIBIT B WORK WRITE-UP Augusta Housing & Community Development Department 918 Boyd Lane Contract Page 24 EXHIBIT C PROJECT DEVELOPMENT AND MANAGEMENT PROCEDURES 1. AHCD must review and approve all new construction work, project specifications and total development cost for each residential development project before work is commenced and before funds can be released for payment reimbursement. Construction payments will be released to CAPITALRISE in accordance with the attached drawdown schedule and budget. 2. AHCD will provide the lot on which all new construction efforts will be performed under this Agreement and in connection with the Project. 3. With AHCD approval, CAPITALRISE may use funds under this Agreement for the following purposes: a. To support development costs as outlined in Item 6 below. 4. Completion delays, remedies, and penalties. a. If the Contractor fails to complete the work within the time frame specified in the contract, plus any authorized delays, AHCD may: i. Terminate the contractor in accordance with the “Provisions for Augusta Housing and Community Development Department (AHCD)” clause of this contract. ii. Assess liquidated damages of Two Hundred Dollars ($200) per working day from the schedule of completion to the date of final acceptance of the project. The total amount of liquidated damages will be deducted from the total contract price, plus any change order amounts. b. The contractor shall not be charged with liquidated damages for any delays in the completion of the work due: i. To any acts of the Federal, State, or City/County Government; including controls or restrictions upon or requisitioning of materials, equipment, tools or labor by reason of war, National Defense, or any other National, State, or City/County emergency. ii. To any acts of the Owner that hinder the progress of the work; iii. To cause not reasonable foreseeable by the parties in this contract at the time the execution of the contract which are beyond the control and without the fault or negligence of the Contractor; including but not restricted to acts of God; acts of the public enemy; acts of another contractor in the performance of some other contract with the owner; fires; floods; epidemics; quarantine restrictions; strikes; freight embargoes; and weather or unusual severity such as hurricanes, tornadoes, cyclones, and other extreme weather conditions; and iv. To any delay of the subcontractor occasioned by any other causes specified in subparagraphs A and B above. Provided, however, that the contractor promptly (within 10 days) notifies AHCD and CAPITALRISE in writing of the cause of the delay. If the facts show the delay to be properly excusable under the terms of this contract, AHCD shall extend the contract time by a period commensurate with the period of authorized delay to the completion of the work as whole; in the form of an amendment to this contract. 5. New Construction Costs and Requirements Augusta Housing & Community Development Department 918 Boyd Lane Contract Page 25 a. CAPITALRISE will provide construction management for the project to ensure that construction work is being carried out in accordance with plans, specifications and the project budget. b. CAPITALRISE must make sure contractors obtain and post all permits on job site. c. CAPITALRISE must collect progress and final lien releases from the contractor, subcontractors, and material suppliers prior to making a payment to a contractor. d. AHCD or its agent may continually inspect each house for contract compliance and to determine the percent of completion prior to processing a draw request and releasing payment. AHCD may choose not to release payments if the work being performed is not of acceptable quality to AHCD and if the house is not being built or rehabilitated in accordance with plans and specifications, or if the project is not on schedule. 6. Permanent Financing and Sales Prices a. The sales price of each home sold in accordance with this Agreement must be based on a formal appraisal. Unless otherwise agreed to by AHCD, the sales price of each house shall not exceed the appraised value of the house. b. The purchasers of houses constructed must meet the Augusta program requirements. c. Buyers will be required to borrow no less than 80% of the sale prices of the house from a private lending institution unless otherwise agreed to by AHCD. Augusta Housing & Community Development Department 922 Boyd Lane Contract Page 1 CONTRACT between AUGUSTA, GEORGIA And CAPITALRISE LLC. in the amount of $71,631.45 USD Seventy-One Thousand, Six-Hundred and Thirty One Dollars and 45/100 for Fiscal Year 2019 Providing funding for LANEY WALKER/BETHLEHEM REVITALIZATION PROJECT 922 Boyd Lane THIS AGREEMENT (“Contract”), is made and entered into as of the day of ________ 2019 (“the effective date”) by and between Augusta, Georgia, a political subdivision of the State of Georgia (hereinafter referred to as “Augusta”), acting through the Housing and Community Development Department (hereinafter referred to as “AHCD”) - with principal offices at 925 Laney Walker Blvd., 2nd Floor, Augusta, Georgia 30901, as party of the first part, and Capitalrise LLC., a developer, organized pursuant to the Laws of the State of Georgia, hereinafter called "CAPITALRISE” as party in the second part. WITNESSETH WHEREAS, Augusta is qualified by the U. S. Department of Housing and Urban Development (hereinafter called HUD) as a Participating Jurisdiction, and has received Laney Walker/Bethlehem Bond Financing for the purpose of providing and retaining affordable and market rate housing for eligible families; and WHEREAS, Augusta wishes to increase homeownership opportunities and preserve and increase the supply of affordable/market rate housing for eligible families; and WHEREAS, Augusta wishes to enter into a contractual Agreement with CAPITALRISE for the administration of eligible affordable and market rate housing development activities utilizing Laney Walker Bond Financing; and WHEREAS, this activity has been determined to be an eligible activity in accordance with 24 CFR 92.504(c)(13) and will meet one or more of the national objectives and criteria outlined in Title 24 Code of Federal Regulations, Part 92 of the Housing and Urban Development regulations; and WHEREAS, CAPITALRISE has been selected and approved through a solicitation process for development partners to assist in the redevelopment of Laney Walker and Bethlehem communities; and Augusta Housing & Community Development Department 922 Boyd Lane Contract Page 2 WHEREAS, CAPITALRISE has agreed to provide services funded through this contract free from political activities, religious influences or requirements; and WHEREAS, CAPITALRISE has requested and Augusta has approved a total of $71,631.45 in funding to perform eligible activities as described in Article I; below: NOW, THEREFORE, the parties of this Agreement for the consideration set forth below, do here and now agree to the following terms and conditions: ARTICLE I. SCOPE OF SERVICES A. Scope of Services Project Description: CAPITALRISE agrees to utilize approved Laney Walker/Bethlehem Bond Financing funds to support project related costs associated with the Laney Walker/Bethlehem Redevelopment Project. This project is a mixed income housing effort which involves development and construction of new single family housing units along Pine Street. Under this Agreement: Perform new construction services for one (1) single family detached homes identified as property number 922 Boyd Lane. Perform all required construction management and project oversight; in accordance with all laws, ordinances, and regulations of Augusta; Perform all functions required to ensure delivery of a final product meeting all requirements as set forth by said Agreement to include: Materials list to include brand name and/or model number of materials as specified or agreed to adjustments to specifications including but not limited to: appliances, windows, HVAC, fixtures and First Quality lumber. CAPITALRISE is to provide a finish schedule with the specifications, brands and model numbers for all interior finishes 90 days from completion for agreement by AHCD. Actual material invoices may be requested to verify charges. B. Use of Funds: Laney Walker/Bethlehem Bond Financing funds shall be used by CAPITALRISE for the purposes and objectives as stated in Article I, Scope of Services, of this Agreement. The use of funding for any other purpose(s) is not permitted. The following summarizes the proposed uses of funds under this Agreement based on total material and labor cost of $71,631.45. Augusta Housing & Community Development Department 922 Boyd Lane Contract Page 3 Activity Amount Responsible Party Materials & Labor 71,631.45$ Capitalrise Materials & Labor 71,631.45$ AHCD Building Permit Fee 1,210.00$ AHCD Real Estate Commission 9,900.00$ AHCD Buyer's Assistance 10,000.00$ AHCD Developer's Fee 250.00$ AHCD TOTAL 164,622.90$ Party Total Investment Comments AHCD Investment 92,991.45$ L&M, BP, RC, BA, DF Capitalrise Investment 71,631.45$ Labor & Materials TOTAL INVESTMENT 164,622.90$ Activity Sales Price Payee Amount Home Sales Price 165,000.00$ Not Applicable AHCD Proceeds 72,008.55$ Capitalrise Proceeds 92,991.45$ 165,000.00$ Description of Project Expenses Summary of Parties Investments Distribution of Funds Upon Sale TOTAL DISTRIBUTED *To the extent that the pricing provided by CAPITALRISE is erroneous and defective, the parties may by agreement, correct pricing errors to reflect the intent of the parties. CAPITALRISE shall adhere to the following budget in the performance of this contract: 1. Construction An amount not to exceed fifty percent (50%) of the actual construction costs, only including materials and labor, as outlined and approved on the Work Write-Up shall be expended by CAPITALRISE for construction costs related to the development of one single family detached home identified as 922 Boyd Lane as part of the Heritage Pine Street Project. The design and specifications of the property shall be approved by AHCD prior to construction (see Appendix). Funds will be used to assist with the cost of all construction related fees. 2. Profit An amount not to exceed fifty percent (50%) of the sales price, as outlined and approved in Article I. Scope of Services, Section B. Use of Funds and on the Work Write-Up, shall be paid to CAPITALRISE for costs identified as necessary operating time and expenses in addition to the profit accrued in the development of one single family detached home identified as 922 Boyd Lane as part of the Heritage Pine Project. AHCD will have the latitude to pay O&P Augusta Housing & Community Development Department 922 Boyd Lane Contract Page 4 directly to the procured developer/contractor on a pay for performance basis or upon the sale of the single family detached home identified as 922 Boyd Lane. 3. Developer’s Fee An amount not to exceed $250.00 in a grant shall be expended to CAPITALRISE in support of the project development fees. Drawdowns are to be requested after sale of the single family detached home identified as 922 Boyd Lane. C. Program Location and Specific Goals to be Achieved CAPITALRISE shall conduct project development activities and related services in its project area (also known as the Heritage Pine Community) that incorporates the following boundaries: Eleventh Street, Laney Walker Boulevard, Pine Street and Florence Street. D. Project Eligibility Determination It has been determined that the use of Laney Walker/Bethlehem Bond Financing funds by CAPITALRISE will be in compliance with legislation supporting community development in Laney Walker/Bethlehem as authorized under the Urban Redevelopment Authority which acts in behalf of the Augusta Commission to provide oversight of the operation of the Laney Walker/Bethlehem Redevelopment Project. Notwithstanding any other provisions of this contract, CAPITALRISE shall provide activities and services as described in the description of the project, including use of funds, its goals and objectives, tasks to be performed and a detailed schedule for completing the tasks for this project as provided in Exhibit A of this contract. ARTICLE II. BUDGET AND METHOD OF PAYMENT CAPITALRISE will carry out and oversee the implementation of the project as set forth in this Agreement and agrees to perform the required services under the general coordination of the Augusta Housing and Community Development Department. In addition, and upon approval by Augusta, CAPITALRISE, may engage the services of outside professional services consultants and contractors to help carry out the program and projects. A. Augusta shall designate and make Laney Walker/Bethlehem Bond Financing funds available in the following manner: 1. Augusta agrees to pay CAPITALRISE, a maximum of $ $250.00 under this Agreement for project expenses incurred as outlined in ARTICLE I, Scope of Services, subject to CAPITALRISE’s compliance with all terms and conditions of this Agreement and the procedures for documenting expenses and activities as set forth in said Agreement; 2. The method of payment for construction costs, including only materials and labor as outlined and approved on the Work Write-Up, not to exceed the aforementioned contracted fifty percent (50%) shall be on a pay for performance basis provided CAPITALRISE and AHCD determine the progress is satisfactory. CAPITALRISE shall utilize the AIA Form provided by AHCD (see Appendix). For invoicing, CAPITALRISE will include documentation showing proof of completion of work in accordance with the amount requested, inspected and accepted Augusta Housing & Community Development Department 922 Boyd Lane Contract Page 5 by AHCD, lien waivers for vendors and sub-contractors, as specified in the Work Write-Up found in Exhibit B & E. 3. AHCD will monitor the progress of the project and CAPITALRISE’s performance on a weekly basis with regards to the production of housing units and the overall effectiveness of project. 4. Upon the completion of this Agreement, any unused or residual funds remaining shall revert to Augusta and shall be due and payable on such date of the termination and shall be paid no later than thirty (30) days thereafter. CAPITALRISE and AHCD shall share in the cost and proceeds of developing the residence at 922 Boyd Lane as follows: Activity Amount Responsible Party Materials & Labor 71,631.45$ Capitalrise Materials & Labor 71,631.45$ AHCD Building Permit Fee 1,210.00$ AHCD Real Estate Commission 9,900.00$ AHCD Buyer's Assistance 10,000.00$ AHCD Developer's Fee 250.00$ AHCD TOTAL 164,622.90$ Party Total Investment Comments AHCD Investment 92,991.45$ L&M, BP, RC, BA, DF Capitalrise Investment 71,631.45$ Labor & Materials TOTAL INVESTMENT 164,622.90$ Activity Sales Price Payee Amount Home Sales Price 165,000.00$ Not Applicable AHCD Proceeds 72,008.55$ Capitalrise Proceeds 92,991.45$ 165,000.00$ Description of Project Expenses Summary of Parties Investments Distribution of Funds Upon Sale TOTAL DISTRIBUTED 5. Funds may not be transferred from line item to line item in the project budget without the prior written approval of Augusta Housing and Community Development. 6. This Agreement is based upon the availability of funding under the Laney Walker/Bethlehem Revitalization Project. Should funds no longer be available, it is agreed to by both parties that this contract shall terminate and any CAPITALRISE and AHCD deemed satisfactorily progress made within the contracted construction only amount not to exceed percent (50%) shall be paid to CAPITALRISE. Augusta Housing & Community Development Department 922 Boyd Lane Contract Page 6 7. AHCD will retain five percent (5%) of an amount within the fifty (50%) of construction costs, including only materials and labor as outlined and approved on the Work Write-Up, after the Certificate of Occupancy has been issued until CAPITALRISE and AHCD determine that all AHCD punchlist items have been satisfied. B. Project Financing The Augusta Housing and Community Development Department (AHCD) will provide an amount not to exceed fifty percent (50%) of the actual construction costs including only materials and labor as outlined and approved on the Work Write-Up to be expended by CAPITALRISE for construction costs related to the development of one single family detached home identified as 922 Boyd Lane. Additionally, AHCD will provide fifty percent (50%) of all change orders (where applicable) as approved by both Augusta and CAPITALRISE in writing. All funding is being provided as payment for services rendered as per this Agreement. C. Timetable for Completion of Project Activities CAPITALRISE shall be permitted to commence with the expenditure of Laney Walker/Bethlehem Bond Financing funds as outlined in said Agreement upon procurement of a construction contractor in accordance with its policies and procedures; and approval of a detailed outline of project expenditures anticipated for the completion of the development within 180 days of said home identified as 922 Boyd Lane as part of the Heritage Pine Project. Liquidated Damages CAPITALRISE agrees to pay as liquidated damages to Augusta the sum of one hundred dollars ($100.00) for each consecutive calendar day after the expiration of the Contract Time of Completion Time, except for authorized extensions of time by Augusta. This section is independent of any section within this Agreement concerning the default of CAPITALRISE. The parties agree that these provisions for liquidated damages are not intended to operate as penalties for breach of Contract. The liquidated damages set forth above are not intended to compensate Augusta for any damages other than inconvenience and loss of use or delay in services. The existence or recovery of such liquidated damages shall not preclude Augusta from recovering other damages in addition to the payments made hereunder which Augusta can document as being attributable to the documented failure of CAPITALRISE. In addition to other costs that may be recouped, Augusta may include costs of personnel and assets used to coordinate, inspect, and re-inspect items within this Agreement as well as attorney fees if applicable. Specified excuses Augusta Housing & Community Development Department 922 Boyd Lane Contract Page 7 CAPITALRISE is not responsible for delay in performance caused by hurricanes, tornados, floods, and other severe and unexpected acts of nature. In any such event, the contract price and schedule shall be equitably adjusted. Temporary Suspension or Delay of Performance of Contract To the extent that it does not alter the scope of this Agreement, Augusta may unilaterally order a temporary stopping of the work, or delaying of the work to be performed by CAPITALRISE under this Agreement. D. Project Budget: Limitations All costs associated with construction, O&P, construction management, and real estate expenses have been outlined in said Agreement as percentage based costs related to the development of one single family detached home identified as 922 Boyd Lane as part of the Heritage Pine Project. AHCD will have the latitude to pay such costs directly to the procured construction contractor. CAPITALRISE shall be paid a total consideration of no more than $250.00 for full performance of the services specified under this Agreement. Any cost above this amount shall be the sole responsibility of CAPITALRISE. It is also understood by both parties to this contract that the funding provided under this contract for this specific project shall be the only funds provided by Augusta – unless otherwise agreed to by Augusta and CAPITALRISE. CAPITALRISE shall adhere to the budget as outlined in the Work Write-Up (Exhibit B) in the performance of this contract. ARTICLE III. TERM OF CONTRACT The term of this Agreement shall commence on the date when this Agreement is executed by Augusta and CAPITALRISE (whichever date is later) and shall end at the completion of all program activities, within the time specified in Article II.C, or in accordance with ARTICLE X: Suspension and Termination. ARTICLE IV. DOCUMENTATION AND PAYMENT A. This is a pay-for-performance contract and in no event shall Augusta provide advance funding to CAPITALRISE, or any subcontractor hereunder. B. CAPITALRISE shall not use these funds for any purpose other than the purpose set forth in this Agreement. C. Subject to CAPITALRISE’s compliance with the provisions of this Agreement, Augusta agrees to reimburse all budgeted costs allowable under federal, state, and local guidelines. D. All purchases of capital equipment, goods and services shall comply with the procurement procedures of OMB Circular A-110 "Uniform Administrative Requirements for Grant Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations" as well as the procurement policy of Augusta. Augusta Housing & Community Development Department 922 Boyd Lane Contract Page 8 E. Requests by CAPITALRISE for payment shall be accompanied by proper documentation and shall be submitted to AHCD, transmitted by a cover memo, for approval no later than thirty (30) calendar days after the last date covered by the request. For purposes of this section, proper documentation includes: Updated Exhibit A- schedule (Gantt Chart), Updated Exhibit B- Work Write-Up, and AIA Form. F. CAPITALRISE shall maintain an adequate financial system and internal fiscal controls. G. Unexpended Funds: Unexpended funds shall be retained by Augusta. Upon written request, Augusta may consider the reallocation of unexpended funds to eligible projects proposed by CAPITALRISE. H. The terms of this Agreement supersede any and all provisions of the Georgia Prompt Pay Act. I. Upon the sale of the detached single family home at 922 Boyd Lane, AHCD is to provide CAPITALRISE with any outstanding payments on approved invoices and related costs received within ten (10) business days. ARTICLE V. ADMINISTRATIVE REQUIREMENTS Conflict of Interest CAPITALRISE agrees to comply with the conflict of interest provisions contained in 24 CFR 85.36, 570.611, OMB Circular A-110 and OMB Circular A-102 as appropriate. This conflict of interest provision applies to any person who is an employee, agent, consultant, officer, or elected official or appointed official of CAPITALRISE. No person described above who exercises, may exercise or has exercised any functions or responsibilities with respect to the activities supported under this contract; or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain any financial interest or benefit from the activities, or have a financial interest in any contract, sub-contract, or agreement with respect to the contract activities, either for themselves or those with whom they have business or family ties, during their tenure or for one year thereafter. For the purpose of this provision, "family ties", as defined in the above cited volume and provisions of the Code of Federal Regulations, include those related as Spouse, Father, Mother, Father-in-law, Mother-in-law, Step-parent, Children, Step-children, Brother, Sister, Brother-in-law, Sister-in-law, Grandparent, Grandchildren of the individual holding any interest in the subject matter of this Agreement. CAPITALRISE in the persons of Directors, Officers, Employees, Staff, Volunteers and Associates such as Contractors, Sub-contractors and Consultants shall sign and submit a Conflict of Interest Affidavit. (Affidavit form attached as part in parcel to this Agreement) Augusta may, from time to time, request changes to the scope of this Agreement and obligations to be performed hereunder by CAPITALRISE. In such instances, CAPITALRISE shall consult with AHCD/Augusta on any changes that will result in substantive changes to this Agreement. All such changes shall be made via written amendments to this Agreement and shall be approved by the governing bodies of both Augusta and CAPITALRISE. Statutes, regulations, guidelines and forms referenced throughout this Agreement are listed in Appendix A and are attached and included as part in parcel to this Agreement. Augusta Housing & Community Development Department 922 Boyd Lane Contract Page 9 ARTICLE VI. OTHER REQUIREMENTS A. CAPITALRISE agrees that it will conduct and administer activities in conformity with Pub. L. 88-352, "Title VI of the Civil Rights Act of 1964", and with Pub. L. 90-284 "Fair Housing Act" and that it will affirmatively further fair housing. One suggested activity is to use the fair housing symbol and language in CAPITALRISE’s publications and/or advertisements. (24 CFR 570.601). B. CAPITALRISE agrees that the ownership in the housing assisted units must meet the definition of “homeownership” in §92.2. C. CAPITALRISE agrees to comply with 24 CFR Part I, which provides that no person shall be excluded from participation in this project on the grounds of race, color, national origin, or sex; or be subject to discrimination under any program or activity funded in whole or in part with federal funds made available pursuant to the Act. D. No person employed in the work covered by this contract shall be discharged or in any way discriminated against because he or she has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable hereunder to his or her employer. (24 CFR 570.603) E. CAPITALRISE agrees that in accordance with the National Environmental Policy Act of 1969 and 24 CFR Part 58, it will cooperate with Augusta/HCD in complying with the Act and regulations, and that no activities will be undertaken until notified by Augusta/HCD that the activity is in compliance with the Act and regulations. Prior to beginning any project development activity, an environmental review must be conducted by AHCD pursuant to (24 CFR 570.604). F. Consistent with the Flood Disaster Protection Act of 1973 (42 USC 4001-4128), CAPITALRISE agrees that funds shall not be expended for acquisition or construction in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards (representing the 100-year floodplain). Exceptions will be made if the community is participating in the National Flood Insurance Program or less than a year has passed since FEMA notification and flood insurance has been obtained in accordance with section 102(a) of the Flood Disaster Protection Act of 1973. G. CAPITALRISE agrees to take all reasonable steps to minimize displacement of persons as a result of assisted activities. Any such activities will be conducted in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) and the Housing and Community Development Act of 1974 (24 CFR 570.606). H. CAPITALRISE agrees to comply with Executive Order 11246 and 12086 and the regulations issued pursuant thereto (41 CFR 60) which provides that no person shall be discriminated against on the basis of race, color, religion, sex or national origin. CAPITALRISE will in all solicitations or advertisements for employees placed state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin or familial status. Augusta Housing & Community Development Department 922 Boyd Lane Contract Page 10 I. CAPITALRISE will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, or familial status. CAPITALRISE will take appropriate action to ensure that applicants are employed, and that employees are treated fairly during employment, without regard to their race, color, religion, sex, national origin or familial status. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or advertising; lay-off or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. CAPITALRISE agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by Augusta setting forth the provisions of this nondiscrimination clause. Augusta Housing & Community Development Department 922 Boyd Lane Contract Page 11 J. In accordance with Section 570.608 of the CDBG Regulations, CAPITALRISE agrees to comply with the Lead Based Paint Poisoning Prevention Act pursuant to prohibition against the use of lead-based paint in residential structures and to comply with 24 CFR 570.608 and 24 CFR 35 with regard to notification of the hazards of lead-based paint poisoning and the elimination of lead-based paint hazards. K. CAPITALRISE agrees to comply with 24 CFR 570.609 with regards to the direct or indirect use of any contractor during any period of debarment, suspension or placement in ineligibility status. No contract will be executed until such time that the debarred, suspended or ineligible contractor has been approved and reinstated by AHCD. L. In accordance with 24 CFR part 24, subpart F, CAPITALRISE agrees to administer a policy to provide a drug-free workplace that is free from illegal use, possession or distribution of drugs or alcohol by its beneficiaries as required by the Drug Free Workplace Act of 1988. M. Any publicity generated by CAPITALRISE for the project funded pursuant to this Agreement, during the term of this Agreement or for one year thereafter, will make reference to the contribution of Augusta, Georgia in making the project possible. The words "Augusta Georgia Department of Housing and Community Development" will be explicitly stated in any and all pieces of publicity; including but not limited to flyers, press releases, posters, brochures, public service announcements, interviews, and newspaper articles. N. CAPITALRISE shall comply with all applicable laws, ordinances and codes of the federal, state, and local governments and shall commit no trespass on any public or private property in performing any of the work embraced by this contract. CAPITALRISE agrees to obtain all necessary permits for intended improvements or activities. O. CAPITALRISE shall not assign any interest in this contract or transfer any interest in the same without the prior written approval of Augusta. CAPITALRISE agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by Augusta setting forth the provisions of this nondiscrimination clause. Except as prohibited by law or the March 14, 2007 Court Order in the case Thompson Wrecking, Inc. v. Augusta, Georgia, Civil Action No. 1:07-CV-019 (S.D. GA 2007). ANY LANGUAGE THAT VIOLATES THIS COURT ORDER IS VOIDABLE BY THE AUGUSTA GOVERNMENT. CAPITALRISE agrees to comply with any federally mandated requirements as to minority and women owned- business enterprises. P. All contractors and subcontractors entering into contracts with Augusta, Georgia for the physical performance of services shall be required to execute an Affidavit verifying its compliance with O.C.G.A § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with Augusta, Georgia has registered with and is participating in a federal work authorization program. All contractors and subcontractors must provide their E-Verify number and must be in compliance with the electronic verification of work authorized programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91 and shall continue Augusta Housing & Community Development Department 922 Boyd Lane Contract Page 12 to use the federal authorization program throughout the contract term. All contractors shall further agree that, should it employ or contract with any subcontractor in connection with the physical performance of services pursuant to its contract with Augusta, Georgia the contractor will secure from such subcontractors each subcontractor’s E-Verify number as evidence of verification of compliance with O.C.G.A §13-10-91 on the subcontractor affidavit provided in Rule 300-10-01-.08 or a substantially similar form. All contractors shall further agree to maintain records of such compliance and provide a copy of each such verification to Augusta, Georgia at the time the subcontractors are retained to perform such physical services. Q. CAPITALRISE agrees that low and moderate income persons reside within Augusta- Richmond County and that contract for work in connection with the project be awarded to eligible businesses which are located in or owned in substantial part by persons residing in Augusta-Richmond County. (24 CFR 570.697) Utilization of contractors and/or subcontractors outside of the Augusta-Richmond County area is not desirable. R. CAPITALRISE agrees to comply with the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing regulations at 24 CFR part 146 and the prohibitions against otherwise qualified individuals with handicaps under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR part 8. For purposes of the emergency shelter grants program, the term dwelling units in 24 CFR Part 8 shall include sleeping accommodations. S. CAPITALRISE will not discriminate against any employee or applicant for employment on the basis of religion and will not give preference of persons on the basis of religion. CAPITALRISE will not discriminate against any person applying for shelter on the basis of religion. CAPITALRISE will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing and exert no religious influence in the provision of shelter and other eligible activities funded by this grant. T. Indirect costs will only be paid if CAPITALRISE has indirect cost allocation plan approved by the Department of Housing and Urban Development prior to the execution of this Contract. U. AHCD shall not approve any travel or travel related expenses to CAPITALRISE with funds provided under this contract. V. Construction Requirements In the absence of local codes, properties must meet the HUD Section 8 Housing Quality Standards [HQS]. All housing assisted under this Agreement is “new construction” by definition and therefore must meet the local building codes for new housing in Augusta Georgia, as applicable. CAPITALRISE is required by state and local laws, to dispose of all site debris, trash, and rubble from the project 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 of, the name and location of the disposal facility, date of disposal and all related fee. Augusta, Georgia may, at reasonable times, inspect the part of the plant, place of business, or work site of CAPITALRISE or any subcontractor of CAPITALRISE or subunit thereof which is pertinent to the performance of any contract awarded or to be awarded by Augusta, Georgia. Augusta Housing & Community Development Department 922 Boyd Lane Contract Page 13 ARTICLE X. SUSPENSION AND TERMINATION A. In the event CAPITALRISE materially fails to comply with any terms of this Agreement, including the timely completion of activities as described in the timetable and/or contained in ARTICLE II.C, Augusta may withhold cash payments until CAPITALRISE cures any breach of the Agreement. If CAPITALRISE fails to cure the breach, Augusta may suspend or terminate the current award of funds. CAPITALRISE will not be eligible to receive any other funding. B. Notwithstanding the above, CAPITALRISE shall not be relieved of its liability to Augusta for damages sustained as a result of any breach of this Agreement. In addition, to any other remedies it may have at law or equity, Augusta may withhold any payments to CAPITALRISE for the purposes of offsetting the exact amount of damages once determined. C. In the best interest of the project and to better serve the people in the target areas and fulfill the purposes of the Laney Walker/ Bethlehem Revitalization project, either party may terminate this Agreement upon giving thirty (30) day notice in writing of its intent to terminate, stating its reasons for doing so. In the event Augusta terminates this Agreement, Augusta shall pay CAPITALRISE for documented committed eligible costs incurred prior to the date of notice of termination. D. Notwithstanding any termination or suspension of this Agreement, CAPITALRISE shall not be relieved of any duties or obligations imposed on it under this Agreement with respect to Laney Walker Bond Financing funds previously disbursed or income derived therefrom. E. To the extent that it does not alter the scope of this Agreement, Augusta, GA may unilaterally order a temporary stopping of the work or delaying of the work to be performed by CAPITALRISE under this contract. ARTICLE XI. NOTICES Whenever either party desires to give notice unto the other, such notice must be in writing, sent by certified United States mail, return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice shall remain such until it shall have been changed by written notice. Augusta will receive all notices at the address indicated below: Office of the Administrator ATTN: Jarvis Sims, Interim City Administrator Municipal Building 535 Telfair Street, Suite 910 Augusta, Georgia 30901 With copies to: Augusta Housing and Community Development Department ATTN: Hawthorne Welcher, Jr., Director 925 Laney Walker Blvd., 2nd Floor Augusta, Georgia 30901 Augusta Housing & Community Development Department 922 Boyd Lane Contract Page 14 CAPITALRISE will receive all notices at the address indicated below: Capitalrise LLC. ATTN: Peter Tuchyna and Frank Klimes 2924 Aylesbury Drive Augusta, GA 30909 ARTICLE XII. INDEMNIFICATION CAPITALRISE will at all times hereafter indemnify and hold harmless Augusta, its officers, agents and employees, against any and all claims, losses, liabilities, or expenditures of any kind, including court costs, attorney fees and expenses, accruing or resulting from any or all suits or damages of any kind resulting from injuries or damages sustained by any person or persons, corporation or property, by virtue of the performance of this Agreement. By execution of this Agreement, CAPITALRISE specifically consents to jurisdiction and venue in the Superior Court of Richmond County, Georgia and waives any right to contest jurisdiction or venue in said Court. Should it become necessary to determine the meaning or otherwise interpret any work, phrase or provision of this Agreement, or should the terms of this Agreement in any way be the subject of litigation in any court of laws or equity. It is agreed that the laws of the State of Georgia shall exclusively control the same. The parties hereto do agree to bind themselves, their heirs, executors, administrators, trustees, successors and assigns, all jointly and severally under the terms of this Agreement. ARTICLE XIII. PRIOR AND FUTURE AGREEMENTS This Document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. Augusta is not obligated to provide funding of any kind to CAPITALRISE beyond the term of this Agreement. CAPITALRISE warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by CAPITALRISE for the purpose of securing business and that CAPITALRISE has not received any non-Augusta fee related to this Agreement without the prior written consent of Augusta. For breach or violation of this warranty, Augusta shall have the right to annul this Agreement without liability or at its discretion to deduct from the Agreement prices of consideration the full amount of such commission, percentage, brokerage, or contingent fee. ARTICLE XIV. LEGAL PROVISIONS DEEMED INCLUDED Each and every provision of any law or regulations and clause required by law or regulation to be inserted in this Agreement shall be deemed to be inserted herein and this Agreement shall be read and enforced as though it were included herein and if, through mistake or otherwise, any such provision is Augusta Housing & Community Development Department 922 Boyd Lane Contract Page 15 not inserted or is not correctly inserted, then upon application of either party this Agreement shall forthwith be amended to make such insertion. ARTICLE XV. DISCLAIMER Any and all language in this Agreement pertaining to HUD regulations and/or the utilizations of HOME funding is deemed voidable when utilizing Laney Walker Bond funds in its entirety. However, if there are any federal funds utilized by this project, including Homebuyer Subsidy funds, this Agreement will be enforceable in its entirety. ARTICLE XVI. COUNTERPARTS This Agreement is executed in two (2) counterparts – each of which shall be deemed an original and together shall constitute one and the same Agreement with one counterpart being delivered to each party hereto. Augusta Housing & Community Development Department 922 Boyd Lane Contract Page 16 IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above: Approved as to Form By (please initial here): ______________ Augusta, Georgia Law Department Date: ____________________ By:__________________________________ Mayor Hardie Davis, Jr., as its Mayor Date: ____________________ By: _______________________________ Jarvis Sims, as its Interim CityAdministrator Date:_____________________ By: _________________________ Hawthorne Welcher, Jr., as its Director Date: _____________________ By: ________________________ Lena Bonner, as its Clerk of Commission Affix Seal Here: ATTEST: Capitalrise LLC. By: _________________________ Frank Klimes, Co-Owner Date:_______________________ By: _______________________ Peter Tuchyna, Co-Owner Date: ______________________ Augusta Housing & Community Development Department 922 Boyd Lane Contract Page 17 APPENDIX 1 Architectural Plans/Designs Augusta Housing & Community Development Department 922 Boyd Lane Contract Page 18 APPENDIX 2 American Institute of Architects (AIA) Form - Sample Augusta Housing & Community Development Department 922 Boyd Lane Contract Page 19 APPENDIX 3 Statutes: (Available on Request) OMB Circular A-110 - Uniform Administrative Requirements for Grants and Agreement with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations OMB Circular A- 122 - Cost Principles for Non-Profit Organizations OMB Circular A-133 - Audits of Institutions of Higher Education & other Non-Profit Institutions 40 USC 276 Davis-Bacon Act 40 USC 327 Contract Work Hours and Safety Standard Act Uniform Relocation Assistance and Real Property Acquisition Policies Act Lead Based Paint Poisoning Prevention Act 24 CFR 35 – HUD Requirements for Notification, Evaluation and Reduction of Lead-Based Paint Hazards in Housing Receiving Federal Assistance and Federally-Owned Residential Property being sold, Final Rule Augusta-Richmond County Procurement Policy Conflict of Interest Affidavit Augusta Housing & Community Development Department 922 Boyd Lane Contract Page 20 APPENDIX 4 CONSTRUCTION REQUIREMENTS 1. All construction projects shall comply with Federal, State, and local codes and ordinances, including, but not limited to, the following: A. "Standard Building Code", 2000 Edition, Southern Building Congress, International, Inc., Birmingham, Alabama. B. "Standard Plumbing Code", latest edition, Southern Building Congress, International, Inc., Birmingham, Alabama. C. Standard Mechanical Code, latest edition, Southern Building Congress, International, Inc., Birmingham, Alabama. D. “National Electric Code”, latest edition, National Fire Protection Association, Quincy, Massachusetts. E. Model Energy Code, 1997, Council of American Building Officials. F. “ADA Accessibility Guidelines for Buildings and Facilities”, Department of Justice, American with Disabilities Act of 1990”. G. Williams-Steiger Occupational Safety and Health Act of 1970, Public Law 91-596. H. Part 1910 – Occupational Safety and Health Standards, Chapter XVII of Title 29, Code of Federal Regulations (Federal Register, Volume 37, Number 202, October 18, 1972). I. Part 1926 - Safety and Health Regulations for Construction, Chapter XVII of Title 29, Code of Federal Regulations (Federal Register, Volume 37, Number 243, December 16, 1972. J. Section 106 of the National Historic Preservation Act (16 U.S.C. 470f'). 2. Project Review. All plans, specifications, work write-ups, projected cost estimates, punch lists or other means of outlining work on a particular project will be submitted in writing to AHCD for review and approval prior to bidding. AHCD Construction and Rehabilitation Inspectors or AHCD’s agent will review these items for compliance with new construction and/or rehabilitation standards and materials use. 3. Rehabilitation Standards. All rehabilitation work will comply with the "Uniform Physical Condition Standards for HUD Housing." Workmanship and material standards will comply with the Augusta-Richmond County Housing & Community Development Department Contractors Manual and Performance Standards. A copy of this manual is provided to every contractor when included on the AHCD Approved Contractors List. A copy is enclosed for inclusion. 4. Inspections. All projects will be inspected and approved by an AHCD Construction and Rehabilitation Inspector or AHCD’s agent prior to release of the funds for that project. Augusta Housing & Community Development Department 922 Boyd Lane Contract Page 21 APPENDIX 5 CONTRACTOR ACKNOWLEDGEMENT Capitalrise LLC acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Board of Commissioner and approval of the Mayor. Under Georgia law, Capitalrise LLC 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 Capitalrise LLC may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Capitalrise LLC agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if Capitalrise LLC 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 JLovett Homes & Construction. Capitalrise LLC assumes all risk of non-payment for the provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized including, without limitation, all remedies at law or equity. This acknowledgement shall be a mandatory provision in all Augusta, Georgia contracts for goods and services, except revenue producing contracts. ____________________________________ Frank Klimes or Peter Tuchyna Capitalrise, LLC. Owner Augusta Housing & Community Development Department 922 Boyd Lane Contract Page 22 EXHIBIT A PROJECT SCHEDULE OF COMPLETION CAPITALRISE MUST PROVIDE A COMPLETED SCHEDULE OF COMPLETION AS EXHIBIT A - WITH APPROPRIATE PROJECT MILESTONES WITHIN 10 TO 15 DAYS AFTER SIGNING THIS AGREEMENT. THIS SCHEDULE MUST BE PROVIDED IN SUFFICIENT DETAIL TO PERMIT AHCD TO MONITOR AND ASSESS PROGRESS IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT. A SAMPLE SCHEDULE IS PROVIDED. Augusta Housing & Community Development Department 922 Boyd Lane Contract Page 23 EXHIBIT B WORK WRITE-UP Augusta Housing & Community Development Department 922 Boyd Lane Contract Page 24 EXHIBIT C PROJECT DEVELOPMENT AND MANAGEMENT PROCEDURES 1. AHCD must review and approve all new construction work, project specifications and total development cost for each residential development project before work is commenced and before funds can be released for payment reimbursement. Construction payments will be released to CAPITALRISE in accordance with the attached drawdown schedule and budget. 2. AHCD will provide the lot on which all new construction efforts will be performed under this Agreement and in connection with the Project. 3. With AHCD approval, CAPITALRISE may use funds under this Agreement for the following purposes: a. To support development costs as outlined in Item 6 below. 4. Completion delays, remedies, and penalties. a. If the Contractor fails to complete the work within the time frame specified in the contract, plus any authorized delays, AHCD may: i. Terminate the contractor in accordance with the “Provisions for Augusta Housing and Community Development Department (AHCD)” clause of this contract. ii. Assess liquidated damages of Two Hundred Dollars ($200) per working day from the schedule of completion to the date of final acceptance of the project. The total amount of liquidated damages will be deducted from the total contract price, plus any change order amounts. b. The contractor shall not be charged with liquidated damages for any delays in the completion of the work due: i. To any acts of the Federal, State, or City/County Government; including controls or restrictions upon or requisitioning of materials, equipment, tools or labor by reason of war, National Defense, or any other National, State, or City/County emergency. ii. To any acts of the Owner that hinder the progress of the work; iii. To cause not reasonable foreseeable by the parties in this contract at the time the execution of the contract which are beyond the control and without the fault or negligence of the Contractor; including but not restricted to acts of God; acts of the public enemy; acts of another contractor in the performance of some other contract with the owner; fires; floods; epidemics; quarantine restrictions; strikes; freight embargoes; and weather or unusual severity such as hurricanes, tornadoes, cyclones, and other extreme weather conditions; and iv. To any delay of the subcontractor occasioned by any other causes specified in subparagraphs A and B above. Provided, however, that the contractor promptly (within 10 days) notifies AHCD and CAPITALRISE in writing of the cause of the delay. If the facts show the delay to be properly excusable under the terms of this contract, AHCD shall extend the contract time by a period commensurate with the period of authorized delay to the completion of the work as whole; in the form of an amendment to this contract. 5. New Construction Costs and Requirements Augusta Housing & Community Development Department 922 Boyd Lane Contract Page 25 a. CAPITALRISE will provide construction management for the project to ensure that construction work is being carried out in accordance with plans, specifications and the project budget. b. CAPITALRISE must make sure contractors obtain and post all permits on job site. c. CAPITALRISE must collect progress and final lien releases from the contractor, subcontractors, and material suppliers prior to making a payment to a contractor. d. AHCD or its agent may continually inspect each house for contract compliance and to determine the percent of completion prior to processing a draw request and releasing payment. AHCD may choose not to release payments if the work being performed is not of acceptable quality to AHCD and if the house is not being built or rehabilitated in accordance with plans and specifications, or if the project is not on schedule. 6. Permanent Financing and Sales Prices a. The sales price of each home sold in accordance with this Agreement must be based on a formal appraisal. Unless otherwise agreed to by AHCD, the sales price of each house shall not exceed the appraised value of the house. b. The purchasers of houses constructed must meet the Augusta program requirements. c. Buyers will be required to borrow no less than 80% of the sale prices of the house from a private lending institution unless otherwise agreed to by AHCD. Commission Meeting Agenda 11/5/2019 2:00 PM HCD_ Laney Walker/Bethlehem New Construction two (2) Homes Request Department:HCD Department:HCD Caption:Motion to approve Housing and Community Development Department’s (HCD's) request to provide Laney Walker/Bethlehem Revitalization Funding to construct two (2) workforce, residential units on Boyd Lane.(Approved by Administrative Services Committee October 29, 2019) Background:In 2008, the Augusta Commission passed legislation supporting community development in Laney Walker/Bethlehem. Since that time, the Augusta Housing & Community Development Department has developed a master plan and development guidelines for the area, set up financial incentive programs for developers and home buyers, selected a team of development partners to focus on catalytic change, and created a marketing strategy to promote the overall effort. This project involves construction of two (2) new residential units on Boyd Lane within Laney Walker/ Bethlehem. Analysis:The approval of the contract will allow for development activities on these sites to begin. Financial Impact:Augusta Housing and Community Development Department receives annual allocations from the Laney Walker Bethlehem Project which will fund this contract. Contract Amount 918 Boyd Lane - $71,631.45 Contract Amount 922 Boyd Lane - $71,631.45 Alternatives:Do not approve HCD’s Request. Recommendation:Motion to approve Housing and Community Development Department’s (HCD's) request to provide Laney Walker/Bethlehem Revitalization Funding to construct two (2) workforce, residential units on Boyd Lane Funds are Available in the Following Accounts: Laney Walker/Bethlehem Revitalization Project funds. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Commission Meeting Agenda 11/5/2019 2:00 PM Motion to Approve Decommissioning of DRE Voting System Department:Board of Elections Department:Board of Elections Caption:Motion to approve the Decommissioning of DRE Voting System.(Approved by Administrative Services Committee October 29, 2019) Background:In 2019, the State of Georgia passed legislation requiring a new voting system be implemented in each county in Georgia beginning with the March 24, 2020 Presidential Preference Primary. Beginning December 31, 2019, it will no longer be permissible to use the current DRE voting system in use since 2002. The current inventory of voting equipment consists of 644 voting units, 142 electronic poll books, and an election management system. The Secretary of State's Office will be picking up and transporting all voting equipment to a secure facility where it will be decommissioned according to security guidelines developed by the State. Analysis:The legacy DRE system will be removed and the new system delivered towards the end of November. There is no cost to the City for decommissioning the voting equipment. Financial Impact:None Alternatives:None Recommendation:Approve the motion for decommissioning the voting equipment pursuant to state procedure. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission GIS MAP: PROVIDED BY PLANNING AND DEVELOPMENT MUNICIPAL BUILDING – PARKING LOT LOCATION FOR MOBILE FOOD TRUCK(S) Commission Meeting Agenda 11/5/2019 2:00 PM Motion to approve permission for Mobile Food Truck Services at the Municipal Building Department:Procurement Department:Procurement Caption:Motion to approve permission for Mobile Food Truck Services at the Municipal Building.(Approved by Administrative Services Committee October 29, 2019) Background:This concept derived from a local private sector business, which provides mobile food service options for their employees. This business is actually located on Washington Road. As we all know, there are many, many food choices on Washington Road; however, the private company, who has 500 to 600 employees, felt the convenience of allowing their staff to exit the building, for immediate service, would provide a better resource to the company as well as their employees. In general, employees obtain their meals without the hassle of travel time, excessive ordering lines and food preparation wait times; but more importantly, return parking, which is also a major concern at the Municipal Building. After returning from lunch, parking spaces are seldom available. So much so, that employees, routinely risk being a few minutes late upon return if they leave to purchase lunch. This is especially true when the Commission is meeting. While food truck vendors may not pay rent or business property taxes, they do pay occupational taxes; they do incur costs for food, food preparation and storage, fuel, permits and fees, and truck maintenance. They also must meet a host of local regulations, (see attached) in accordance with Augusta Planning and Development Department; and they require inspection by the Georgia Department of Public Health, for Food Services. In an effort of providing a boost to our local economy, the local small business food mobile service owner, and to offer convenience, as well as reasonable pricing to Augusta employees, we submit this Agenda Item for consideration, permission and approval. In addition to the Procurement Department, the concept has the recommendation from the following internal offices: 1. Administrator’s Office 2. Central Services Department 3. Planning and Development 4. Risk Management 5. Marshal’s Office 6. Employees Analysis: Financial Impact:None. No cost to Augusta and no loss to Augusta. All vendors will provide the following: 1. Business License 2. Insurance 3. Georgia Health Department Grade/Rating Alternatives:Deny the request for permission Recommendation:Approve permission for Mobile Food Truck Services at the Municipal Building Funds are Available in the Following Accounts: No cost to Augusta REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Lena Bonner From: Sent: To: Subject: Commissioner John E. Clarke Wednesday, October 30, 2019 10:57 AM Lena Bonner 401- Walton way Ms. Bonner, Please add 401 Walton Way to this coming week's agenda. Discuss future of old jail property. Get Outlook for iOS Sincerely, John Clarke Commissioner district 1 0 ., r*)sttit o{ liie e'rviaii trailsrnissisr'}. ilvsriflcution is rcqi.;rred. plcas+ ieqilcs;i il hniril copy vetsior). i\i_i r. 1:,ri l Commission Meeting Agenda 11/5/2019 2:00 PM 401 Walton Way Department: Department: Caption:Discuss future of old jail property. (Requested by Commissioner John Clarke) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 11/5/2019 2:00 PM Department Directors attend Comm. meetings Department: Department: Caption:Mandate that Augusta Department Directors attend Commission/committee/work session, etc. meetings when agenda items are on agendas relative to their departments. (Requested by Commission Marion Williams) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: ORDINANCE NO. ___________ AN ORDINANCE TO AMEND THE AUGUSTA, GEORGIA CODE, TITLE ONE, CHAPTER SEVEN, ARTICLE FOUR, SECTION 1-7-51 RELATING TO THE ADOPTION OF PERSONNEL POLICIES AND PROCEDURES OF AUGUSTA, GEORGIA; TO REPEAL SECTIONS 500.308 THROUGH 500.315 OF THE PERSONNEL POLICIES AND PROCEDURES MANUAL RELATED TO SENIOR EXECUTIVE SERVICE; TO REPEAL ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES. WAIVE SECOND READING. WHEREAS, the Personnel Policies and Procedures Manual (“PPPM”) currently includes policies and procedures related to Augusta, Georgia’s Senior Executive Service (“SES’) employees; WHEREAS, Augusta, Georgia periodically reviews and updates its policies to reflect the developing needs of the government and desires to update its policies and procedures for SES employees; WHEREAS, Augusta, Georgia, desires to repeal all sections of the PPPM related to SES employees and to adopt new SES policies and procedures, separate from the PPPM; and WHEREAS, it is the desire of the Augusta Commission (“the Commission”) to update the PPPM by repealing Sections 500.308 through 500.315 related to SES to enable the Commission to adopt new and separate policies and procedures for its SES employees. THE AUGUSTA, GEORGIA COMMISSION ordains as follows: SECTION 1. Augusta, GA. Code Section 1-7-51, also known as the Augusta, Georgia Personnel Policy and Procedures Manual, is hereby amended by striking through the existing text of Sections 500.308 through 500.315, as set forth in “Exhibit A, ” attached hereto. SECTION 2. This ordinance and the incorporated amendment shall be effective upon adoption by the Augusta Commission and shall be made a part of the Augusta Code of Ordinances in accordance with applicable laws. SECTION 3. The sections, paragraphs, sentences, clause and phrases of this ordinance are severable. Should any provision of this ordinance be rendered invalid by a court of law, the remaining provisions shall continue in force and effect until amended or repeal by action of the Commission. SECTION 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Adopted this ____ day of _______________, 2019. ______________________________ Hardie Davis, Jr. As its Mayor Attest: ________________________________ Lena J. Bonner, Clerk of Commission Published in the Augusta Chronicle. Date: _______________________ First Reading: _________________ Second Reading___________________ EXHIBIT A Strike: Section 500.308 Senior Executive Service (SES) Group The Senior Executive Service (SES) Group consists of key executive level employees of the organization. SES employees are employees-at-will throughout the term of their employment and do not obtain a property interest in their position at any time. SES employees are not entitled to appeal their terminations to the Personnel Board. Definitions of SES Groups The SES Group I – covers a wide spectrum of executive level jobs involving a high level of professional expertise or managing managers and professional staff on a daily basis, as well as leading and directing daily operational type work to subordinates. They also may manage their department’s budget. SES Group I also includes employees who actively participate in developing organization policy for Elected Officials or Independent Boards or Authorities and report directly to the Elected Official or Independent Board or Authority. Jobs in this category contribute largely through the use of their level of professional expertise. Salary range for the SES Group I is from $70,000 to $130,000 per annum. The SES Group II - covers executive level employees that typically report to the SES III Group. The incumbents in this category typically contribute through their people leadership. They are in essence known as technical experts who deliver a job that is key to the organization through their professional leadership. Incumbents in this category, typically rely on extensive experience and judgment to plan and accomplish goals. Incumbents in this category may perform a variety of tasks, lead and direct the work of others, oversea the entire regulation process for services requiring governmental approval by ensuring that all necessary applications are filed and handling all government interactions. They are responsible for developing procedures and formalizing them through approval processes to ensure regulatory compliance. A wide degree of creativity and latitude is expected within their department and organization. The salary range for SES II Group is from $80,000 to $140,000 per annum. The SES Group III – covers employees who actively participate in developing organization policy and report directly to the Commission or Administrator. They advise the Commission or Administrator on strategy. In essence, they are responsible for defining business strategy and contributing to the organization through their vision. They are responsible for managing multiple departments in the organization. They also have relative autonomy to adjust budgets in their departments. Incumbents in this category, ensures services meet organization standards as well as all applicable government regulations. Market value of these positions is a key factor in inclusion in this category. The salary range for SES III is from $90,000 to $150,000 per annum. The SES Group IV – covers employees who actively make formal recommendations to the Elected Official(s), Commission, or Board on matters relating to organizational policies and procedures. They plan strategy and seek approval from the Elected Official(s), Commission, or Board to implement such strategy. They are visionaries and are responsible for directing high-level strategic activities of the organization. They ensure that strategic results of the overall organization are accomplished successfully. The compensation of SES IV employees is to be determined by the Commission. The following positions are identified and confirmed as Augusta, Georgia’s SES Group: SES Group Organizational Job Title SES Group Organizational Job Title IV Administrator I Board of Elections Director IV General Counsel I Daniel Field Director IV Clerk of Commission I Animal Services Director IV EEO, DBE, & Small Business Director I Staff Attorney I Transit Director I Warden I Housing & Community Development Director III Deputy Administrator I Fire Chief III Deputy Administrator I 911 Director III Airport Executive Director I Airport Operations Director III Deputy General Counsel I Airport Engineering and Maintenance Director I Airport Fire Chief II Recreation, Parks, & Facilities Director I Airport Marketing Director II Utilities Director I Airport Aircraft Services Director II Engineering Director I Airport Finance and Administration Director II Environmental Services Director I Sheriff’s Chief Deputy II Human Resources Director I Sheriff’s Colonel II Finance Director I Chief Deputy Tax Commissioner II Tax Assessor I Assistant Tax Commissioner II Emergency Management Service (EMA) Director I Executive Director of Landbank II Information Technology Director I Court Administrator for the Superior Court II Procurement Director II Planning & Development Director Section 500.309 Immediate Vesting for SES Employees Senior Executive Service (SES) level employees employed with Augusta, Georgia as of the effective date of this policy and hire thereafter shall be 100% vested in their normal retirement benefit immediately upon becoming a participant in Augusta, Georgia pension plan. Section 500.310 SES Group Member Affected by Reduction in Work Force If a SES Group member 1) is involuntarily separated from employment with Augusta, Georgia in accordance with reduction in force guidelines approved by the Augusta, Georgia Board of Commissioners; 2) is vested in a normal retirement benefit under the terms of this Plan at the time of said separation; 3) is involuntarily separated in accordance with reduction in force guidelines that remain in effect at the time of the SES Group members separation; and 4) has executed any and all waiver agreements or releases required by Augusta, Georgia in connection with said reduction in force, then the SES Group member shall be credited with an additional five (5) years of Credited Service under the Augusta, Georgia pension plan solely for purposes of computing the amount of any retirement or death benefit payable to or on behalf under the terms of the pension plan. Said Credited Service shall not be counted for purposes of meeting the minimum service requirements for vesting or retirement or death benefit eligibility under the pension plan. Section 500.311 SES Group Severance Pay Any SES employee who is terminated without cause, by vote of the Commission, and executes as release of claims as required and approved by the Human Resources Director, shall receive severance pay, pursuant to the Administrator’s approval, as follows: 1. SES Groups I-III shall be eligible for one (1) month of severance pay during the first year of employment and an additional month of severance pay for each additional year worked in a SES position, not to exceed a maximum of six months of continued pay. 1.1 Employment time serving in a non-SES position will not be credited for prior years of service under this policy if subsequently promoted to a SES position. 1.2 This policy will not void any contracted agreement. 1.3 This policy applies only to the employees serving in the SES level positions 2. SES Group IV shall be eligible for three (3) months severance pay during the first year of employment as a SES Group IV employee and an additional month of severance for each additional year worked as a SES level IV employee not to exceed a maximum of three (3) additional months of continued pay (for a total not to exceed 6 months). 2.1 Employees that previously served in a non-SES Group IV positions will not be credited for prior years of service in non-SES Group IV positions. 2.2 This policy will not void any contracted agreement. 2.3 This policy applies only to the employees serving in SES Group IV positions. Section 500.312 Notice of Resignation Required for SES Employees SES Group members who are in good standing and voluntarily leave their position with providing a minimum of ninety (90) days written notice of resignation shall be eligible to receive severance as described in Section 500.311. In order to qualify for severance, the SES Group member must execute a voluntary separation agreement and have approval of the Commission. In the event that an SES Group member is voluntarily leaving the organization, depending on conditions and availability of a suitable replacement, either interim or permanent, the Administrator or the Commission may waive the requirement that the SES Group member work the notice period, in whole or in part. Section 500.313 Moving and Relocation Expenses for SES Employees Subject to the approval of the Administrator or Commission, newly hired SES employees may be reimbursed by Augusta, Georgia for relocation expenses, including temporary housing for Employee for house hunting. Augusta, Georgia may also elect to pay directly for the expenses of moving employee and his or her household to Augusta, Georgia. Such relocation and moving expenses shall not exceed ten ($10,000) thousand US Dollars. If such expenses exceed ten thousand dollars ($10,000), the Administrator or the Commission, in its sole discretion, may review and authorize such expenses to include parking, moving, storage cost, unpacking, temporary housing, and insurance charges. SES employee agrees to secure at least three (3) bids from reputable moving companies for such services, and shall use the lowest most responsible and responsive bidder. Section 500.314 Annual Leave for SES Employees SES employees will be credited with five (5) years additional service for purposes of determining the rate at which Annual Leave will accrue. There is no waiting period before SES employees can use Annual Leave. Annual Leave accrual and carryover for SES employees is capped at three hundred twenty-five (325) hours. Section 500.315 SES Employee Probationary Period SES employees are not subject to normal and customary probationary periods. SENIOR EXECUTIVE SERVICE (SES) PROCEDURES Page 1 of 2 Procedures for SES Severance Pay (See 2.0 Severance Policy Statement) 1. NOTICE OF INTENT TO RESIGN/RESIGNATIONS a. Notice of Intent: SES level employees must provide at least thirty (30) calendar days’ written notice of their intent to resign, i.e., resignation, from employment with Augusta, Georgia (“Notice Period”), along with their request for severance. All resignations requesting severance must be submitted through the employee’s chain of command, i.e., employee’s Department Director. Department Directors and Direct Reports to the Commission shall submit all resignations requesting severance to the Administrator who shall submit such resignations to the Commission for consideration. Any resignation requesting severance made by the Administrator must be submitted to the Clerk of Commission who shall submit such resignations to the Commission. b. Request for Severance: All requests for severance pay must be contained within written notification of their intent to resign, i.e., resignation letter, from their employment with Augusta, Georgia. c. Waiver of Notice Period: SES employees requesting a waiver of the (30) day “Notice Period” for severance pay, must include their request for waiver as part of their written notification of their intent to resign from their employment with Augusta, Georgia. d. Rescindment of Resignations: SES employees who submit their resignations in which requests for severance were made and later wish to rescind their resignations must provide written notice of the rescindment to their Department Director. 2. COMMISSION APPROVAL a. After receiving requests for severance pay, the Administrator and/or General Counsel shall place the employee’s request on the next available Executive Session agenda for consideration by the Commission. b. If the Commission agrees to grant the severance request, the Commission will make a public vote at the next available Commission meeting. c. If the public vote passes, General Counsel will provide the employee with a Separation Agreement and General Release of Claims Agreement, and the employee will have five (5) business days to review, sign and return the release to General Counsel. All requests for severance are contingent upon the execution of a Separation Agreement and General Release of Claims Agreement between the employee and Augusta, Georgia. 3. SEVERANCE PAY SCHEDULE (for SES employees hired or promoted after the effective date of this policy). Refer to Appendix A of SES policy for Severance Schedule for SES employees hired or promoted prior to the effective date of this policy. a. Severance Schedule: 1. SES Group I shall be eligible for one (1) month of severance pay after the first year of employment. SENIOR EXECUTIVE SERVICE (SES) PROCEDURES Page 2 of 2 2. SES Group II shall be eligible for three (3) months’ severance pay after the first year of employment as a SES Group IIV employee. 3. Employment time serving in a non-SES position, or in an SES position on an interim basis, will not be credited for prior years of service under this policy if subsequently promoted to a SES position. 4. Severance pay shall be based on the employee’s most recent date of continuous service in an SES position. b. Payments: SES employees hired in, or promoted to, an SES position prior to effective date of the policy may receive the salary continuation option unless they request a lump payment. All other SES employee shall receive lump sum payments unless the Commission approves salary continuation. Senior Executive Service 1.0 #18 P a g e | 1 1.0 SENIOR EXECUTIVE SERVICE POLICY SUMMARY Senior Executive Service (“SES”) employees are employed on an at-will basis, have no propriety interest in their positions, and, thus, are not afforded due process rights with respect to the termination of their employment. Accordingly, this policy sets forth Augusta Georgia’s policy to provide certain benefits to SES employees under defined circumstances. 2.0 SEVERANCE POLICY STATEMENT: A. Eligibility 1. Discharges without Cause. All SES employees who have completed one (1) year of continuous employment with Augusta, Georgia, and who are separated without cause, by vote of the Commission, are eligible to receive severance pay. Discharges without cause include resignations in lieu of termination. 2. Voluntary Resignations. Only SES employees who were hired in, or promoted to, an SES position, prior to effective date of the policy, are eligible to request severance for voluntary resignations if they have completed one year of continuous employment with Augusta, Georgia; provide at least thirty (30) calendar days’ written notice of his/her resignation from employment with Augusta, Georgia (“Notice Period”); and continue to perform in a satisfactory manner during the Notice Period. The Severance Schedule and SES Groups for SES employees hired or promoted prior to the effective date of this policy is referenced and incorporated in Appendix A of this policy. Payment of severance pay for voluntary resignations is at the sole discretion of the Commission. The Administrator or the Commission may waive, entirely or partially, the Notice Period requirement. If a request to waive the Notice Period requirement is denied by the Administrator, the employee can appeal this decision to the Commission. B. Agreement and Release 1. All SES employees must execute a Separation Agreement and General Release with Augusta, Georgia, in order to receive severance pay. C. Severance Schedule (for SES employees hired or promoted after the effective date of this policy) 1. SES Group I shall be eligible for one (1) month of severance pay after the first year of employment. 2. SES Group II shall be eligible for three (3) months’ severance pay after the first year of employment as a SES Group IIV employee. 3. Employment time serving in a non-SES position, or in an SES position on an interim basis, will not be credited for prior years of service under this policy if subsequently promoted to a SES position. 4. Severance pay shall be based on the employee’s most recent date of continuous service in an SES position. Senior Executive Service 1.0 #18 P a g e | 2 D. Disqualification from Severance Pay SES employees are not eligible for severance pay if they leave employment with Augusta, Georgia, under the following conditions: 1. Discharge for Cause; 2. In the event an Augusta, Georgia function or service is contracted, assigned, or otherwise transferred to another entity and Augusta, Georgia employees in that function or service are offered employment by the other entity within thirty (30) days of contract, assignment, or transfer, provided the employee receives a substantially similar salary and benefit package; 3. Voluntary separation, excluding SES employees hired in, or promoted to, an SES position prior to effective date of the policy. 3.0 PENSION BENEFIT POLICY STATEMENT SES level employees employed with Augusta, Georgia shall be 100% vested in their normal retirement benefit immediately upon becoming a participant in Augusta, Georgia pension plan. 4.0 REDUCTION IN FORCE POLICY STATEMENT If an SES Group member 1) is involuntarily separated from employment with Augusta, Georgia in accordance with reduction in force guidelines approved by the Augusta, Georgia Board of Commissioners; 2) is vested in a normal retirement benefit under the terms of an Augusta, Georgia Defined Benefit Plan at the time of said separation; and 3) has executed any and all waiver agreements or releases required by Augusta, Georgia in connection with said reduction in force, then the SES Group member shall be credited with an additional five (5) years of Credited Service under the Augusta, Georgia pension plan solely for purposes of computing the amount of any retirement or death benefit payable to or on behalf under the terms of the pension plan. Said Credited Service shall not be counted for purposes of meeting the minimum service requirements for vesting or retirement or death benefit eligibility under the pension plan. 5.0 ANNUAL LEAVE POLICY STATEMENT SES employees will be credited with five (5) years additional service for purposes of determining the rate at which Annual Leave will accrue. There is no waiting period before SES employees can use Annual Leave. Thus, SES employees shall begin to accrue Leave immediately upon employment and will be entitled to take Annual Leave immediately upon accrual. Annual Leave accrual and carryover for SES employees is capped at three hundred fifty (350) hours. 6.0 MOVING AND RELOCATION EXPENSES POLICY STATEMENT Subject to the approval of the Administrator or Commission, newly hired SES employees may be reimbursed by Augusta, Georgia, for relocation expenses, including temporary housing for Employee for house hunting. Augusta, Georgia may also elect to pay directly for the expenses of moving employee and his or her household to Augusta, Georgia. Such relocation and moving expenses shall not exceed ten ($10,000) thousand US Dollars. If such expenses exceed ten thousand dollars ($10,000), the Administrator or the Commission, in its sole discretion, may review and authorize such expenses to Senior Executive Service 1.0 #18 P a g e | 3 include parking, moving, storage cost, unpacking, temporary housing, and insurance charges. SES employee agrees to secure at least three (3) bids from reputable moving companies for such services, and shall use the lowest most responsible and responsive bidder. 7.0 SES EMPLOYEE PROBATIONARY PERIOD SES employees are not subject to normal and customary probationary periods. 8.0 COMPLIANCE RESPONSIBILITIES Human Resources Department is responsible for this policy and has the authority to implement the policy. The Human Resources Director may apply appropriate interpretations to administer and clarify the policy provided that the interpretations do not result in substantive changes to the underlying policy. 9.0 PROCEDURES TO IMPLEMENT POLICY Human Resources Department may develop procedures or other supplementary information to support the implementation of this policy. Such supporting documentation requires the approval of the Administrator but does not require the approval of the Commission. 10.0 APPLICABILITY This Policy is applicable to SES employees only. 11.0 DEFINITIONS E. Senior Executive Service Employees: Key executive level employees of the organization hired or promoted after the effective date of this policy: SES Group Organizational Job Title SES Group Organizational Job Title II Administrator I Planning & Development Director II Clerk of Commission I Procurement Director II Compliance Director I Recreation & Parks Director II General Counsel I Senior Staff Attorney I Staff Attorney I Animal Services Director I Transit Director I Central Services Director I Utilities Director Senior Executive Service 1.0 #18 P a g e | 4 I Deputy Administrator I Warden I Deputy General Counsel I 911 Director I Emergency Management Service (EMA) Director I Engineering Director I Airport Operations Director I Environmental Services Director I Airport Engineering and Maintenance Director I Finance Director I Airport Fire Chief I Fire Chief I Airport Marketing Director I Human Resources Director I Airport Aircraft Services Director I Housing & Community Development Director I Airport Finance and Administration Director I Information Technology Director Severance Pay: Payment of the employee’s base rate of pay for a specified period of time by salary continuation or a lump sum payment. Note: SES employees hired in, or promoted to, an SES position prior to effective date of the policy may receive the salary continuation option unless they request a lump payment. All other SES employees shall receive lump sum payments unless the Commission approves salary continuation. Voluntary Separation: Any termination of employment that is initiated by the employee rather than Augusta, Georgia. Senior Executive Service 1.0 #18 P a g e | 5 “APPENDIX A” Severance Schedule (for SES employees hired or promoted prior to the effective date of this policy). 1. SES Groups I-III shall be eligible for one (1) month of severance pay during the first year of employment and an additional month of severance pay for each additional year worked in a SES position, not to exceed a maximum of six months of continued pay. 1.1 Employment time serving in a non-SES position will not be credited for prior years of service under this policy if subsequently promoted to a SES position. 1.2 This policy will not void any contracted agreement. 1.3 This policy applies only to the employees serving in the SES level positions 2. SES Group IV shall be eligible for three (3) months severance pay during the first year of employment as a SES Group IV employee and an additional month of severance for each additional year worked as a SES level IV employee not to exceed a maximum of three (3) additional months of continued pay (for a total not to exceed 6 months). 2.1 Employees that previously served in a non-SES Group IV positions will not be credited for prior years of service in non-SES Group IV positions. 2.2 This policy will not void any contracted agreement. 2.3 This policy applies only to the employees serving in SES Group IV positions. SES Groups (for SES employees hired or promoted prior to the effective date of this policy). The following positions are identified and confirmed as Augusta, Georgia’s SES Groups prior to the (effective date of this policy): SES Group Organizational Job Title SES Group Organizational Job Title IV Administrator I Board of Elections Director IV General Counsel I Daniel Field Director IV Clerk of Commission I Animal Services Director IV EEO, DBE, & Small Business Director I Staff Attorney I Transit Director I Warden Senior Executive Service 1.0 #18 P a g e | 6 I Housing & Community Development Director III Deputy Administrator I Fire Chief III Deputy Administrator I 911 Director III Airport Executive Director I Airport Operations Director III Deputy General Counsel I Airport Engineering and Maintenance Director I Airport Fire Chief II Recreation, Parks, & Facilities Director I Airport Marketing Director II Utilities Director I Airport Aircraft Services Director II Engineering Director I Airport Finance and Administration Director II Environmental Services Director I Sheriff’s Chief Deputy II Human Resources Director I Sheriff’s Colonel II Finance Director I Chief Deputy Tax Commissioner II Tax Assessor I Assistant Tax Commissioner II Emergency Management Service (EMA) Director I Executive Director of Landbank II Information Technology Director I Court Administrator for the Superior Court II Procurement Director II Planning & Development Director Commission Meeting Agenda 11/5/2019 2:00 PM Senior Executive Service (“SES”) Severabce Department: Department: Caption:Motion to amend Ordinance Code of Augusta Georgia, Title One, Chapter Seven, Article Four, Section 1-7-51 by repealing Sections 500.308 through 500.315 of the PPPM related to Senior Executive Service (“SES”) employees with second reading waived; and to adopt a new SES Policy and Procedures (including those related to severance pay) to become effective upon approval. Background:On October 15, 2019, the Commission approved the Administrative Policies and Procedures Sub-committee’s recommendation to approve a new SES policy and procedures that would replace the current SES sections of the PPPM, including the sections related to severance pay for SES employees. As to severance pay for SES employees, the approved policy changes include: 1) reducing the amount of severance pay that a new hire will be eligible for (three months for direct reports to the Commission and one month for everyone else); 2) new SES hires will not be ineligible for severance pay if they voluntarily resign; 3) new hires will receive lump sum payment unless Commission approves salary continuation; 4) notice period for severance request reduced to 30 days; 5) new hires serving under elected officials or independent boards will no longer be hired as SES; and 6) current SES employees will receive the same severance benefits that applied to them at the time of their hire or promotion date. The changes above are the main changes to the policy although this list may not be exhaustive. Further, the effective date of the new policy should be clarified upon the Commission amending the PPPM ordinance to repeal the current SES/severance pay sections of the PPPM. Analysis:To ensure that the subcommittee’s recommendations approved by the Commission on October 15, 2019, are fully executed, the Commission must vote to repeal the current PPPM sections that cover SES and severance pay so that the new policy controls. Further, the Commission should adopt an effective date for the new policy. Financial Impact: Alternatives: Recommendation:Approve a motion to amend Ordinance Code of Augusta Georgia, Title One, Chapter Seven, Article Four, Section 1-7-51 by repealing Sections 500.308 through 500.315 of the PPPM related to Senior Executive Service (“SES”) employees with second reading waived; and to adopt a new SES Policy and Procedures (including those related to severance pay) with an effective date of [insert date]. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Lena Bonner From: Sent: To: Subject: [NOTICE: This CLICK on links, safe.l Brandon Garrett < bwgarrett@lamar.com > Wednesday, October 30, 2019 8:05 AM Lena Bonner lEXTERNALlAgenda Item Please add this to the agenda for next week. Motion to stop Augusta's pursuit of the EMS Zone. Please respond with receipt. Brandon Garrett l/ Local Marketing Consultant "Marketing is Enthusiasm Transferred to the Customer" #loveAugusta l-amar Advertising Company of AUGUSTA Office: 706.733.15AA ll Mobile: 706.836.6317 lamar.com/Augusta &o@o message originated outside of the City of Augusta's mail system -- DO NOT open attachments or respond to requests for information unless you are sure the content is Commission Meeting Agenda 11/5/2019 2:00 PM Augusta's pursuit of the EMS Department: Department: Caption:Motion to stop Augusta's pursuit of the EMS Zone. (Requested by Commissioner Brandon Garrett) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 11/5/2019 2:00 PM EMS Service Department: Department: Caption:Discuss the EMS service and how it is provided. (Requested by Commissioner Sammie Sias) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: AUGUSTA, GEORGIA New Grant ProposaUApplication B€fore s Deprrtm€nuagency may apply for the grrnt/rwffd otr behdfofAugusta Richmotrd County, they mus( lirst obtoin spprovsl signature from the Administrator snd the Finance Director. The Administrrtor will obtaiD informrtion on ahe grrnt progrom rnd requiremertr from the fundiag agency and review these for ferslblllty to detcrmine ifthi! grmrrword lyllt b€nefit Augurts Richmond County. The Flnrnce Director will revi€w the frndlng requlr€ment to determitre ifthe grant wlll fia witbitr our budget structurc rfld fnrncisl gosls. Proposal Project No. Project Title PR000234 SOLICTTOR PACG VICTIMS CRrME ACT (VOCA) ^.=.This Branr is rhe Prosecuring Alomeys councit of Georgia (pacl V'oce "'^..8-E-EIEU\yEIEcontinuation Award. Thc Continuation award is a grant thc Solicitor's Officc ADMINISTRATOR'S oFFIcE has bcen receiving for quite some time. The match for the grant is in the budg€t. our funding is used for the salary of 2 victims advicates. OCi I 6 20lS Stsrt Drte: 1010112019 Submit Drte: O9t27/2O19 Tors! Budgeaed Amountt 77,138.00 Sponsor: GM00l2 Sponsor T'?c: F Purpose:3 Erd Dste: 09130/2020 Department: 025 Totd Funding Agency; Criminal Justice Coord Co Fedcral Victims Rights Contacts Cash Match: 20% Match from general fund has been budgeted Including Voluntcer labor for $225 EEO Requircd: YES EEO Dcpt. Notified: YES AUGUSTA-RICHMOND COUNTY Solicitor Crsh Match? Y 61,?t0.00 Totsl Cash Mrtch: 15328.00 Flow Thru lD: GM00l7 Pros€€uting Atlomey's Council Type I GMr033 IJeLisa Johnson ('706)821-17 60 Type FA -EI-O. LOGGINS Approvels Drtel0/l4l2Ql9 Depa. Slgnrture: Grrnt Coordinator Signature: l.) I have reviewed the Grant application and encloscd materials and: 6dird th" gmntlaward to be feasible to the needs ofAugusta Richmond County o Deny the request Finance Director Date I have reviewed the Gmnl application and enclosed materials and: o Approve the Department Agency to move forward *ith the application zs-tt - tQ 2.) #nls-I,t.,to Finance Director urcr: DJl7682 - Del-isa Johnson prs. Rcport: GMI000_PROPOSAL . GMl000: Granls Management: I AUGUSTA, GEORGIA New Grant ProposaUApplication Before a Dcpanment/agency may apply for the grsnt/swsrd on sigDature from the Administr&tor ttrd the Finrnce Director. Th Rlchmond County, they must first obtsin approvrl obtrln information on the granl progrsm and Before a Dcpanment/agency may apply for the grsnt/swsrd on behslfofAugustr R sigDature from the Administr&tor ttrd the Filtrnce Director. The Administrrtor $'ill requirements from lhe funding agency and rcvieu'these for fersibility to determine ifthis 8r8nt/award will benefit Augusta Richmond Countl'. The Finance Director $'ill review the funding requirement to determine if the erant will fit within our bRichmond Count1,. The Finance u'ill review the funding requirement to determine if the grant tYill fit within our budget structure lnd linrDcial goals. Proj€ct No. This form will rlso be us€d to provide the external ruditors with informrtion on sll grants for compliance and certillcrtloD requirements ss required by the SaEte strd Federsl Governmeoa. Dr(e:L;rer: DJl7682 - D€Lisa Johnson prge Reponr GMIO00_PROPOSAL - GMl000: Grants Management:2 to/t4n019 I l:53r59 PETER J. SKANDALAKIS Executive Director GEORGE HARTWIG Chair District Attorney Houston Judicial Circuit BARRY MORGAN Vice Chair Solicitor-General Cobb County SHANNON WALLACE Secretary District Attorney Blue Ridge Judicial Circuit PAUL BOWDEN District Attorney Tifton Judicial Circuit C.R. CHISHOLM Solicitor-General Athens-Clarke County GREGORY W. EDWARDS District Attorney Dougherty Judicial Circuit REBECCA GRIST Solicitor-General Macon-Bibb County MARGARET D. HEAP District Attorney Eastern Judicial Circuit TIMOTHY G. VAUGHN District Attorney Oconee Judicial Circuit 1590 Adamson Parkway, Fourth Floor ● Morrow, Georgia 30260-1755 ● phone: (770) 282-6300 ● fax: (770) 282-6368 ● www.pacga.org October 9, 2019 Re: Federal Fiscal Year 2020 VOCA Allocation - October 1, 2019 through September 30, 2020 Dear Ms. Loggins: It is my pleasure to inform you that the Criminal Justice Coordinating Council (CJCC) has approved the Federal Fiscal Year 2020 VOCA Continuation Base and Comp Advocate funding applications as submitted by the Prosecuting Attorneys’ Council of Georgia (PAC). Therefore, your office has been selected to receive a portion of those funds. Below are the specifics with regard to your allocation of the statewide grant distribution. County: Augusta-Richmond Implementing Prosecuting Attorney: Solicitor-General Omeeka Loggins Grant Period: October 1, 2019 through September 30, 2020 Allocation 1 (Base Funds): Base Federal Funds: $61,710 Base Match Funds: $15,428 Sub-Grant Number: C18-8-264 The activation documents (see included checklist for guidelines on submitting documents) must be returned to PAC by November 15, 2019. If you have any questions, please contact Kathy Kemp (kkemp@pacga.org) or at (770) 282-6364. Sincerely, Peter J. Skandalakis Executive Director Prosecuting Attorneys’ Council Commission Meeting Agenda 11/5/2019 2:00 PM Victim's of Crime Act (VOCA) Department:Solicitor General Department:Solicitor General Caption:Motion to approve and accept a grant for the continuation of the Victims of Crime Act (VOCA) Grant with funding from the Criminal Justice Coordinating Council of Georgia to provide services to crime victims from October 1, 2019 through September 30, 2020, and authorize the Mayor to execute the necessary documents. ( Background:It is for the Victim Assistance Program in the Solicitor General's Office. This is a continuation grant from last year. The purpose is to allow for the provision of services to crime victims as outlined in the Crime Victims' Bill of Rights. The funding is used for the salary of two victim advocate positions. Analysis:There is a match required of $15,428. Financial Impact:Funded via the Criminal Justice Coordinating Council of Georgia Victim of Crime Act Grant (VOCA) C18-8-264 Federal Funds = $61,710. Alternatives:None Recommendation: Funds are Available in the Following Accounts: Budgeted in org Key: 220022515. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Trash Services for Permanent Sidewalk Receptacles Page 1 c:\program files (x86)\neevia.com\docconverterpro\temp\nvdc\f4a93cbc-70a9-41f5-b655-69a051eab83a\pdfconvert.43364.1.2019.02.22_sidewalk_receptacle_service.doc Bid Item #19-______ Trash Services for Permanent Sidewalk Receptacles Augusta Environmental Services Department Augusta is seeking bids from qualified vendors for the removal and disposal of trash from permanent sidewalk trash receptacles located in downtown Augusta. In summary, the contract includes the emptying and disposal of all trash from trash cans located on the sidewalks on and around Broad Street. All material will be transported to the Designated Disposal Facility for disposal. A list of current service locations is included. 1. Services required under this contract include but are not limited to: a. Servicing the permanent sidewalk trash receptacles on a daily basis (seven (7) days per week). There are currently 75 permanent sidewalk trash and recycle receptacles. b. Due to increased foot traffic and special events, service shall occur 365 days per year, including holidays. c. Transportation to and disposition of all materials at the Designated Disposal Facility. Disposal of collected materials at the Designated Disposal Facility is at the Contractor’s expense. The Designated Disposal Facility is the Augusta Solid Waste and Recycling Facility located at 4330 Deans Bridge Road, Blythe, GA. 2. Container Maintenance and Appearance All containers shall be maintained in good appearance and repair. Any damage to the containers, locks, or cages will be reported to the Environmental Services Department on a daily basis. Such communication will be via email or other such method as designated by the Environmental Services Department. 3. Contract Term a. The initial contract term is for a period from the January 1st, 2020 through December 31, 2023 with an option to renew for two additional two-year terms. b. Temporary suspension or delay of performance of contract. To the extent that it does not alter the scope of this agreement, Augusta, GA may unilaterally order a temporary stopping of the work, or delaying of the work to be performed by Contractor under this agreement. c. The Augusta Environmental Services Department will reserve the right to cancel the service upon a thirty (30) day written notification. d. Termination of the contract in whole or in part for the convenience of Augusta, Georgia. Augusta, Georgia may terminate this contract in part or in whole upon thirty Trash Services for Permanent Sidewalk Receptacles Page 2 c:\program files (x86)\neevia.com\docconverterpro\temp\nvdc\f4a93cbc-70a9-41f5-b655-69a051eab83a\pdfconvert.43364.1.2019.02.22_sidewalk_receptacle_service.doc (30) days written notice to the Contractor. The Contractor shall be paid for any validated services under this Contract up to the time of termination. e. Termination of the Agreement for Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise comply with a material condition of the Agreement shall constitute default. Augusta, GA may terminate this contract is part or in whole upon written notice to the Contractor pursuant to this term. f. Pricing shall be held firm throughout the initial term. Upon Augusta exercising any renewal option the contractor is eligible for a price adjustment in the amount of 100% of the actual percentage change in the CPI. i. The “CPI” means the Consumer Price Index for All Urban Consumers (“CPI-U”), Atlanta, Georgia – Atlanta, Georgia, All Items, published by the United States Department of Labor, Bureau of Labor Statistics (“BLS”), or its successor. If BLS designates an index with a nes title or code number or table number as being the continuation of the index cited above, the new index will be used, or if no new index is designated, the most nearly compatible index shall be used. ii. The CPI Index percentage change will be determined from January 1st to December 31st of the previous year, with an implementation of any adjustment being made on January 1st. iii. Should the CPI Index show a decrease, Augusta will automatically be entitled to a reduced cost up to four percent (4%). 4. Environmental Services Department Liaison a. The Augusta Environmental Services Department Director or his designee shall serve as the primary representative for all matters pertaining to the contract. Coordination between the Department and the contractor will be handled by this person or his designee. Such designee will be submitted in writing to the contractor. b. Changes in Service are the responsibility of the Environmental Services Department. i. The contractor shall not change service levels or container sizes without authorization from the Department. The Department reserves the right to withhold payment for any unapproved modifications to services. 5. Contractor Liaison and Office Hours a. The contractor will provide a primary representative to coordinate all matters pertaining to this contract. In the event the contractor’s primary liaison is not available for any reason, a secondary contact/emergency contact will be provided as Trash Services for Permanent Sidewalk Receptacles Page 3 c:\program files (x86)\neevia.com\docconverterpro\temp\nvdc\f4a93cbc-70a9-41f5-b655-69a051eab83a\pdfconvert.43364.1.2019.02.22_sidewalk_receptacle_service.doc well. Such contacts shall be available between the hours of 6:30am – 8:00pm on days when collection operations are occurring. b. The contractor will provide to the Environmental Services Department the contact name, telephone number, fax number, email address, business cell phone number, emergency telephone number, and normal working hours of their primary, secondary, and emergency liaisons. c. Right to inspect premises. Augusta, Georgia may, at reasonable times, inspect the part of the plant, place of business, or work site of Contractor or any subcontractor of Contractor or subunit thereof which is pertinent to the performance of any contract awarded or to be awarded by Augusta, Georgia. 6. Invoicing a. Invoices shall be submitted on a monthly basis. All invoices will include at a minimum, the location of each container, dates of pickup, and total cost per month. b. Defective pricing. To the extent that the pricing provided by Contractor is erroneous and defective, the parties may, by agreement, correct pricing errors to reflect the intent of the parties. c. Georgia Prompt Pay Act not applicable. The terms of this agreement supersede any and all provisions of the Georgia Prompt Pay Act. 7. Technology a. Augusta, Georgia communicates via telephone, mobile device, internet, software, and apps. The contractor will provide each work crew a mobile device capable of running work order software applications as specified by Augusta. b. All mobile devices will be capable of mobile communication to include, but not limited to, a mobile internet connection. c. The contractor will be equipped with a mobile telephone and a means of mobile access to email as well as any applicable apps or software 8. Service Verification a. Service issues, requests for service, and such will be submitted via email, internet, mobile device app or software under this contract. Respondents without this capability may be considered non-responsive and not eligible for award consideration. Trash Services for Permanent Sidewalk Receptacles Page 4 c:\program files (x86)\neevia.com\docconverterpro\temp\nvdc\f4a93cbc-70a9-41f5-b655-69a051eab83a\pdfconvert.43364.1.2019.02.22_sidewalk_receptacle_service.doc b. The contractor will be required to complete daily service logs, which will be furnished to the Environmental Services Department liaison via email, fax, app, or software. c. The purpose of the service log is for the Department to obtain regular information regarding blocked containers, containers in need of service, missing signs or labels, equipment breakdowns, or other related needs during the normal course of service. 9. Missed Collections a. The Contractor will be required to report in writing any occurrences or observations of damage, hazardous conditions, or any pickup that was not completed as scheduled. Such items shall be reported immediately via email. b. Specified excuses for delay or non-performance. Contractor is not responsible for delay in performance caused by hurricanes, tornadoes, floods, and other severe and unexpected acts of nature. In any such event, the contract price and schedule shall be equitably adjusted. c. Augusta, Georgia shall not be charged for missed collections and such credit shall be designated on the monthly invoice. 10. Blocked Containers a. It is the responsibility of the contractor to contact the Environmental Services Department if the drivers encounter any blocked containers while providing service. Such notification should be received via email. The contractor must return to service any blocked containers within 4 hours or within a mutually agreed upon time frame. b. If the contractor does not return to service the blocked containers the contractor agrees to issue a deduction for the missed container on the next invoice. 11. Augusta Aesthetics Augusta aesthetics are of the utmost importance. The contractor will cooperate with Augusta in keeping all of the sites clean. When dumping or switching containers, any spillages must be picked up and the area left in a litter-free condition. 12. Emergency Service Unforeseen occasions where some containers will require extra service with little notice to the contactor may occur. The contractor shall respond and service the designated can or area within 4 hours of the request. Should extra service be requested, all such containers shall be checked and serviced if trash is present. Trash Services for Permanent Sidewalk Receptacles Page 5 c:\program files (x86)\neevia.com\docconverterpro\temp\nvdc\f4a93cbc-70a9-41f5-b655-69a051eab83a\pdfconvert.43364.1.2019.02.22_sidewalk_receptacle_service.doc 13. New Service Location The contractor will be notified of any new service location in writing. Placement of the appropriate container and service commencement shall begin within 48 hours of the contractor receiving the request. 14. Collection Vehicles a. The Contractor shall provide and maintain vehicles sufficient in number and capacity to perform the services described herein. b. All vehicles shall be licensed with the State of Georgia in Richmond County and comply with applicable federal, state, and local laws and regulations. c. The Contractor may use new or used equipment so long as the equipment is capable of performing the required services; has uniform paint scheme and logos; has no leaking seals; is maintained in good repair and working order, and complies with all other requirements listed. d. Collection vehicles must have an enclosed body and able to securely transport waste without litter. e. Collections vehicles must be inspected annually and registered with the Richmond County Marshal’s Office. f. All collections vehicles used to perform functions under this Contract shall be equipped with the following in complete and sound working order: 1. Back-up alarm. 2. Back-up camera with monitor visible from any driving position. 3. A 10 pound fire extinguisher. 4. A 25 person first aid kit. 5. Minimum of three safety marking devices (flares, or reflective triangles). 6. Rear-mounted strobe light(s) activated while collecting materials. 7. A spill kit with a minimum size of 10 gallons to handle operational spills g. Vehicle leaks and spills on public and private streets and parking lots shall be minimized. The vehicle shall be removed from service immediately should the spill or leak be the result of a mechanical problem or poor seal(s). The cleanup of any spill shall begin no later than two (2) hours following the spill or leak, and should be reported to Augusta, Georgia immediately. Under no circumstances shall any fluids be released to the storm sewer system. Trash Services for Permanent Sidewalk Receptacles Page 6 c:\program files (x86)\neevia.com\docconverterpro\temp\nvdc\f4a93cbc-70a9-41f5-b655-69a051eab83a\pdfconvert.43364.1.2019.02.22_sidewalk_receptacle_service.doc 15. Character of Workers a. All employees, subcontractors, superintendents, foremen, and workers employed by the Contractor shall be competent and careful workers, skilled in their respective trades. The Contractor shall not employ any person who repeatedly engages in misconduct or is incompetent or negligent in the due and proper performance of his or her duties. The Contractor shall furnish such supervision, labor, and equipment as is considered necessary for the fulfillment of the services in an acceptable manner at a satisfactory rate of progress. b. Drug-Free Work Place The Contractor shall prohibit the use of intoxicating and/or illegal substances by its employees, subcontractors, superintendents, foremen, and workers while on duty or in the course of performing their duties under this Agreement. Records of any such substance testing will be provided to Augusta upon written request. c. Uniforms The Contractor's employees, subcontractors, superintendents, foremen, and workers shall be required to wear a clean uniform bearing the Contractor's name. Employees, who normally and regularly come into direct contact with the public, including drivers, shall bear some means of individual identification such as a nametag or identification card. d. Driver Credentials Employees driving the Contractor's vehicles shall at all times possess and carry a valid Driver's License issued by the State of Georgia or South Carolina for the class appropriate to the weight of the vehicle being driven. Augusta reserves the right to require the Contractor to provide proof of compliance with federal laws regarding Driver's Licenses. e. Contract Employees The Contractor's employees, officers, agents, and subcontractors shall, at no time, be allowed to identify themselves or in any way represent themselves as being employees of Augusta. f. Removal of Contractor Employee Augusta shall have the sole right to require the removal and replacement of a Contractor’s or subcontractor’s employee working under this Contract. Augusta shall exercise such a right by providing written notice to the Contractor. Contractor will replace any personnel who separate from the Contractors employment with equivalently qualified persons. The Contractor will replace such personnel as soon as reasonably possible. Trash Services for Permanent Sidewalk Receptacles Page 7 c:\program files (x86)\neevia.com\docconverterpro\temp\nvdc\f4a93cbc-70a9-41f5-b655-69a051eab83a\pdfconvert.43364.1.2019.02.22_sidewalk_receptacle_service.doc 16. Prohibition against contingent fees The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by Contractor for the purpose of securing business and that the Contractor has not received any non-Augusta, Georgia fee related to this Agreement without the prior written consent of Augusta, Georgia. For breach or violation of this warranty, Augusta, Georgia shall have the right to annul this Agreement without liability or at its discretion to deduct from the Agreement Price of consideration the full amount of such commission, percentage, brokerage or contingent fee. 17. Hold harmless Except as otherwise provided in this agreement, Contractor shall indemnify and hold harmless Augusta, GA, and its employees and agents from and against all liabilities, claims, suits, demands, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from the performance of its work. 18. Contractor's consent to venue in the Superior Court of Richmond County, Georgia a. The law of the State of Georgia shall govern the Contract between Augusta, Georgia and Contractor with regard to its interpretation and performance, and any other claims related to this agreement. b. All claims, disputes and other matters in question between Augusta, Georgia and Contractor arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The Contractor, by executing this Agreement, specifically consents to jurisdiction and venue in Richmond County and waives any right to contest the jurisdiction and venue in the Superior Court of Richmond County, Georgia. 19. Insurance Requirements The Contractor shall, at all times that this Agreement is in effect, cause to be maintained in force and effect an insurance policy(s) that will ensure and indemnify Augusta, Georgia against liability or financial loss resulting from injuries occurring to persons or property or occurring as a result of any negligent error, act, or omission of the Contractor in performance of the work during the term of this Agreement. The Contractor shall provide, at all times that this agreement is in effect, Worker's Compensation insurance in accordance with the laws of the State of Georgia. Trash Services for Permanent Sidewalk Receptacles Page 8 c:\program files (x86)\neevia.com\docconverterpro\temp\nvdc\f4a93cbc-70a9-41f5-b655-69a051eab83a\pdfconvert.43364.1.2019.02.22_sidewalk_receptacle_service.doc The Contractor shall provide, at all times that this Agreement is in effect, Insurance with limits of not less than: A. Workmen’s Compensation Insurance – in accordance with the laws of the State of Georgia. B. Public Liability Insurance – in an amount of not less than One Million ($1,000,000) Dollars for injuries, including those resulting in death to any one person, and in an amount of not less than One Million ($1,000,000) Dollars on account of any one occurrence. C. Property Damage Insurance – in an amount of not less than One Million ($1,000,000) Dollars from damages on account of an occurrence, with an aggregate limit of One Million ($1,000,000) Dollars. D. Valuable Papers Insurance – in an amount sufficient to assure the restoration of any plans, drawings, field notes, or other similar data relating to the work covered by the Project. E. Professional Liability Insurance – in an amount of not less than One Million ($1,000,000) Dollars or an amount that correlates to the aggregate fee on the project should it exceed $1,000,000. Augusta, Georgia will be named as an additional insured with respect to Contractor’s liabilities hereunder in insurance coverage’s identified in items (b) and (c). The policies shall be written by a responsible company(s), to be approved by Augusta, Georgia, and shall be noncancellable except on thirty-(30) days' written notice to Augusta, Georgia. Such policies shall name Augusta, Georgia as co-insured, except for worker's compensation and professional liability policies, and a copy of such policy or a certificate of insurance shall be filed with the Director at the time of the execution of this Agreement. 20. E-verify a) All contractors and subcontractors entering into contracts with Augusta, Georgia for the physical performance of services shall be required to execute an Affidavit verifying its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with Augusta, Georgia has registered with and is participating in a federal work authorization program. All contractors and subcontractors must provide their E-Verify number and must be in compliance with the electronic verification of work authorized programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99- 603, in accordance with the applicability provisions and deadlines established in O.C.G.A. Trash Services for Permanent Sidewalk Receptacles Page 9 c:\program files (x86)\neevia.com\docconverterpro\temp\nvdc\f4a93cbc-70a9-41f5-b655-69a051eab83a\pdfconvert.43364.1.2019.02.22_sidewalk_receptacle_service.doc § 13-10-91 and shall continue to use the federal authorization program throughout the contract term. All contractors shall further agree that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to its contract with Augusta, Georgia the contractor will secure from such subcontractor(s) each subcontractor’s E-Verify number as evidence of verification of compliance with O.C.G.A. § 13-10-91 on the subcontractor affidavit provided in Rule 300-10-01-.08 or a substantially similar form. All contractors shall further agree to maintain records of such compliance and provide a copy of each such verification to Augusta, Georgia at the time the subcontractor(s) is retained to perform such physical services b) Local Small Business Language: In accordance with Chapter 10B of the Augusta, GA. Code, Contractors agree to collect and maintain all records necessary to for Augusta, Georgia to evaluate the effectiveness of its Local Small Business Opportunity Program and to make such records available to Augusta, Georgia upon request. The requirements of the Local Small Business Opportunity Program can be found at www.augustaga.gov. In accordance with AUGUSTA, GA. CODE, Contractors shall report to Augusta, Georgia the total dollars paid to each subcontractor, vendor, or other business on each contract, and shall provide such payment affidavits, regarding payment to subcontractors, if any, as required by Augusta, Georgia. Such utilization reports shall be in the format specified by the Director of Minority and Small Business Opportunities, and shall be submitted at such times as required by Augusta, Georgia. Required forms can be found at www.augustaga.gov. If you need assistance completing a form or filing information, please contact the Local Small Business Opportunity Program Office at (706)821-2406. Failure to provide such reports within the time period specified by Augusta, Georgia shall entitle Augusta, Georgia to exercise any of the remedies set forth, including but not limited to, withholding payment from the contractor and/or collecting liquidated damages. c) Acknowledgement “Contractor acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Board of Commissioners and approval of the Mayor. Under Georgia law, Contractor is deemed to possess knowledge concerning Augusta, Georgia's ability to assume contractual obligations and the consequences of Contractor's provision of goods or services to Augusta, Georgia under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that the Contractor may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Contractor agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if the Contractor provides goods or services to Augusta, Georgia in excess of the any contractually authorized goods or services, as required by Augusta, Georgia's Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods or services provided by Contractor. Contractor assumes all risk of non-payment for the provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized, including, without limitation, all remedies at law or equity." This acknowledgement shall be a mandatory provision in all Augusta, Georgia contracts for goods and services, except revenue producing contracts. Trash Services for Permanent Sidewalk Receptacles Page 10 c:\program files (x86)\neevia.com\docconverterpro\temp\nvdc\f4a93cbc-70a9-41f5-b655-69a051eab83a\pdfconvert.43364.1.2019.02.22_sidewalk_receptacle_service.doc IN WITNESS WHEREOF, said parties have hereunto set their seals the day and year written below. AUGUSTA: CONTRACTOR: Augusta, Georgia ____________________________ ___________________________ ____________________________ Hardie Davis, Jr., Mayor Approved Date: _____________ Approved Date: _______________ [ATTACHED CORPORATE SEAL] ATTEST: ATTEST: ___________________________ _____________________________ Trash Services for Permanent Sidewalk Receptacles Page 11 c:\program files (x86)\neevia.com\docconverterpro\temp\nvdc\f4a93cbc-70a9-41f5-b655-69a051eab83a\pdfconvert.43364.1.2019.02.22_sidewalk_receptacle_service.doc Pricing Page Bid Item #19- Trash Services for Permanent Sidewalk Receptacles Please complete the following. Service of permanent sidewalk trash receptacles seven days per week:* per can per month *Should Augusta modify the quantity of receptacles up or down with written notice, the rate per can per month remains the same during the contract term. Extra Service (per Section 11) for service to all receptacles: per event Submitted By: NAME: COMPANY: ADDRESS: PHONE: EMAIL ADDRESS: Trash Services for Permanent Sidewalk Receptacles Page 12 c:\program files (x86)\neevia.com\docconverterpro\temp\nvdc\f4a93cbc-70a9-41f5-b655-69a051eab83a\pdfconvert.43364.1.2019.02.22_sidewalk_receptacle_service.doc Container Locations Address Cross-street 1. 473 Broad St Broad at 5th Street 2. 501 Broad St Broad at 5th Street 3. 476 Broad St Broad at 5th Street 4. 209 Broad St Broad at 5th Street 5. 533 Broad St Broad Street 6. 564 Broad St Broad at Monument 7. 566 Broad St Broad at Monument 8. 601 Broad St Broad at 6th Street 9. 607 Broad St Broad at 6th Street 10. 594 Broad St Broad at 6th Street 11. 602 Broad St Broad at 6th Street 12. 699 Broad St Broad at 7th Street garbage 13. 699 Broad St Broad at 7th Street recycle 14. 670 Broad St Broad at 7th Street 15. 711 Broad St Broad at 7th Street 16. 739 Broad St Broad Street 17. 735 Broad St Center Park at Albion 18. 732 Broad St Center Park at Albion 19. 767 Broad St Center Park at Albion 20. 771 Broad St Broad at 8th Street 21. 758 Broad St Broad at 8th Street 22. 801 Broad St Broad at 8th Street 23. 802 Broad St Broad at 8th Street Trash Services for Permanent Sidewalk Receptacles Page 13 c:\program files (x86)\neevia.com\docconverterpro\temp\nvdc\f4a93cbc-70a9-41f5-b655-69a051eab83a\pdfconvert.43364.1.2019.02.22_sidewalk_receptacle_service.doc Address Cross-street 24. 823 Broad St Commons on Broad 25. 851 Broad St Commons on Broad 26. 840 Reynolds St Commons on Reynolds 27. 836 Reynolds St Commons on Reynolds 28. 701 Reynolds Reynolds at 8th Street 29. 826 Broad St Center Park J Brown statute 30. 850 Broad St Center Park J Brown statute 31. 879 Broad St Broad Street 32. 879 Broad St James Brown Blvd 33. 864 Broad St Broad at JB solar garbage 34. 864 Broad St Broad at JB solar recycle 35. 864 Broad St James Brown Blvd 36. 902 Broad St Broad Street 37. 902 Broad St James Brown Blvd 38. 903 Broad St Broad Street 39. 903 Broad St James Brown Blvd 40. 952 Broad St Broad Street 41. 933 Broad St Broad at McCarthan St 42. 945 Broad St Broad at McCarthan St 43. 945 Broad St Center Park McCarthan 44. 985 Broad St Broad at 10th Street Trash Services for Permanent Sidewalk Receptacles Page 14 c:\program files (x86)\neevia.com\docconverterpro\temp\nvdc\f4a93cbc-70a9-41f5-b655-69a051eab83a\pdfconvert.43364.1.2019.02.22_sidewalk_receptacle_service.doc Address Cross-street 45. 990 Broad St Broad at 10th St solar garbage 46. 990 Broad St Broad at 10th St solar recycle 47. 1005 Broad St Broad at 10th Street 48. 1008 Broad St Broad at 10th Street 49. 215 Tenth St Mid point on 10th Street 50. 215 Tenth St Ellis at 10th Street 51. 1023 Broad St Broad Street 52. 1051 Broad St Broad at 11th Street 53. 1054 Broad St Broad at 11th Street 54. 1102 Broad St Broad at 11th Street 55. 1109 Broad St Broad at 11th Street 56. 1140 Broad St Broad at 12th Street 57. 1167 Broad St Broad at 12th Street 58. 1201 Broad St Broad at 12th Street 59. 1204 Broad St Broad at 12th Street 60. 1245 Broad St Broad Street 61. 1297 Broad St Broad at 13th Street 62. 1298 Broad St Broad at 13th Street 63. 1301 Greene St Greene at 13th Street 64. Telfair Street Telfair at 13th Street 65. 307 Eleventh St Greene at 11th Street Trash Services for Permanent Sidewalk Receptacles Page 15 c:\program files (x86)\neevia.com\docconverterpro\temp\nvdc\f4a93cbc-70a9-41f5-b655-69a051eab83a\pdfconvert.43364.1.2019.02.22_sidewalk_receptacle_service.doc Address Cross-street 66. 955 Greene St Center Park on Greene 67. 902 Greene St on James Brown at Greene 68. 425 James Brown Blv J Brown at Telfair Street 69. 823 Telfair St J Brown at Telfair Street 70. 823 Telfair St on James Brown at Greene 71. 848 Ellis St on James Brown at Greene 72. 848 Ellis St on James Brown at Ellis 73. 912 Ellis St on James Brown at Ellis 74. 901 Greene St on James Brown at Greene Invitation to Bid Sealed bids will be received at this office until Friday, June 28, 2019 @ 11:00 a.m. for furnishing: Bid Item #19-135 Trash Services for Permanent Sidewalk Receptacles for Augusta, Georgia – Environmental Services Department Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, June 14, 2019 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. No bids may be withdrawn for a period of nintey (90) days after bids have been opened, pending the execution of contract with the successful bidder. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle May 23, 30, June 6, 13, 2019 Metro Courier May 23, 2019 Commission Meeting Agenda 11/5/2019 2:00 PM Approve award of Bid Item #19-135, Trash Services for Permanent Sidewalk Receptacles to Coleman Sanitation. Department:Environmental Services Department:Environmental Services Caption:Motion to approve award of Bid Item #19-135, Trash Services for Permanent Sidewalk Receptacles, to Coleman Sanitation. (Approved by Engineering Services Committee October 29, 2019) Background:In an effort to be local small business friendly and provide a means for them to participate, Environmental Services separated the sidewalk receptacle service from the front load service in 2013. Sidewalk receptacle service for 74 cans will be provided (7) days a week to ensure adequate coverage of special events and increased weekend traffic. The current permanent downtown sidewalk receptacles bid item 13-135 will end December 31, 2019. Analysis:The Augusta Environmental Services Department and the Procurement Department have concluded the bid process for Bid Item #19-135, Trash Services for Permanent Sidewalk Receptacles. After the review of the compliant vendors, Coleman Sanitation has met all the specified requirements of the bid documents without taking any exceptions and within the allocated budget amount. It is the opinion of the Augusta Environmental Services Department that Coleman Sanitation should be awarded this bid. Financial Impact:Adequate funds are available for the amount of $111,888.00 from 542-04-4110/52-22110. Alternatives:1. Approve award of Bid Item #19-135, Trash Services for Permanent Sidewalk Receptacles to Coleman Sanitation. 2. Do not approve the award. Recommendation:Approve award of Bid Item #19-135, Trash Services for Permanent Sidewalk Receptacles to Coleman Sanitation. Funds are Available in the Following Accounts: Adequate funds are available for the amount of $111,888.00 from 542-04-4110/52-22110. REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission ENVIRONMENTAL SERVICES DEPARTMENT Mark Mehall Director MEMORANDUM TO: FROM: DATB: ST]BJECT: Geri Sams Procurement Director Mark Mehall ilmc' Department Director October 21,2019 Contract Extension / Change order - Aflantic Coast Consulting - RFp lg-146c The Environmental Services Department is requesting a change order for our current contract with Atlantic Coast Consulting (ACC), purchase order #P367569. The original term expire d 12/3112017 and we are in the first renewal term now through the end of 2019 are exercising the second renewal term through December 3l't, 2021. l) Atlantic Coast Consulting provides environmental compliance and environmental testing services which are vital to maintaining compliance with federal and state laws as well as a variety of local, state, and federal permit requirements. The landfill has an active gas collection and control system which must be monitored and operated according to permit compliance and must submit semi-annual reports. The facility must comply with the Georgia Permit for lndustrial Stormwater which requires a minimum of quarterly monitoring of stormwater discharges from the facility, annual reporting and certification of such, as well as development and maintenance of Stormwater Pollution Prevention Plans and Spill Prevention Control and Countermeasure Plans. While the facility is undergoing construction, it must also comply with the Erosion and Sedimentation Act to prevent discharges to state waters; and monitor and inspect the construction site daily for any improvements that can be made so that sedimentation does not occur off- site. The Environmental Services Department has the responsibilities of the underground storage tank program which requires annual certification of each underground storage tank owned by Augusta at the landfill, Marina, Transit, and 401 Walton Way. In addition, the Environmental Services Department has the responsibilities of the Industrial Stormwater program for Augusta which requires the permit compliance of five locations - Daniel Field Airport, Augusta Regional Airport, Fleet, Transit, and the Landfill. The facility's Solid Waste Handling permit also requires compliance with the Georgia Rules for Solid Waste and must complete semi-annual groundwater monitoring and reporting, quarterly tonnage reporting, annual financial assurance certification, annual remaining capacity calculations and certifications, and operate the facility in accordance with the Rules as well as the facility Design and Operation Plan. All of the above reports require specific expertise in that particular area in order to complete the work and the reports, in addition to specialized certifications and./or licenses in order to complete or sign the required reports. Environmental Services Department o 4330 Deans Bridge Road Blythe, GA 30g05 (706) 592-3200 - Fax (j06) 592-325s WWW.AUGUSTAGA.GOV 2) Atlantic Coast Consulting also oversees several landfill construction projects including new cell construction, gas collection system expansion, and leachate tank farm construction. The engineering and consulting services provided by ACC are critical to the operation of the landfill facility. When the previous Environmental Services Department Director made the 2019 budget, she had planned to reduce the scope of ACC by 30%. This reduction was to be achieved by adding several new ESD staff positions to take on tasks currently performed by ACC. The amount budgeted and subsequent 2019 ACC purchase order reflected this reduction. 20161 02119 ACC Purchase Order 2017106/21 ACC Purchase Order 2018101130 ACC Purchase Order 2019/02113 ACC Purchase Order Unfortunately, the job descriptions were not completed and the new positions were never filled before the departure of previous ESD Director in March,2079. Consequentially, the scope of work required by ACC did not decrease in 2019, instead it increased. There were numerous duties resulting from the Director's departure as well as other compliance issues which were not anticipated in the decision for the 2019 ACC budget amount. The additional duties included numerous site inspections, review and approval special waste profiles, reports, dewatering Phase 3 and gas collection system consulting, response and representation regarding Consent Order, Phase 2C cellclosure and Phase 3 cell closure. $1,750,000.00 $ 700,000.00 $1,100,000.00 S 90o,ooo.oo Initial Landfill lnspection $ 5,000.00 Monthly Reports $12,000 per month $108,000.00 Special Waste Review Assistance $1,000.00 $ I1,000.00 Reporting Assistance $1,000.00 $ I1,000.00 GCCS Compliance efforts - SVE System/ dewatering efforts $ 17,500.00 Perched leachate desigrr/ CAE/ Consent Order Assistance $ 15,000.00 Phase 2C Closure Turf permitting $ 50,000.00 Phase 2C Closure CDs - addl closure turf option design $ 50,000.00 Phase 3 Closure Turf permitting s 25,000.00 Phase 3 Partial Closure CDs $ 75,000.00 Peach Orchard OfFrces $ 32,500.00 Asbestos Assessments $ 25,000.00 Thank you in advance for your time and attention. Please feel free to contact me at 706-5 g2-32}6,should you have any questions or require any additional information. Cc: File B. Padgett K. Daniel 02/t3/te 442L0 (770) 33s-380{ E.VERIFY '98553 ATIJAITTTC COAST CONSULTING INC, 630 COLONTAI, PARK DRIVE surrE 110 noswELL, cA 30075 AUG RC CTY LAIIDTTLL {330 DEA}IS BRIDGE RON) BLYTHE, GA 30805 EACH EI[\'I RONUENTATJ COMPLIA,NCE TESTING, ENGINEERING A}ID CONSI'LTING SERVICES APPROVED BY COMMISSION 2/21/72, mEu *33 s{ 1 - 0{ -{ 21 A / 52 -t2tl5 900, 000. PU HASE ORDER AUGUSTA, GEORGIA SUITE 605, PROCUREI'ENT DEPARTMENT 535 TELFAIR STREET, 'UUNICIPAL BUILDIT{G lOOORC AUGUSTA, GEORGIA 30901.2377 PHONE: 0OAl821-2422 BILL TO: Page 1 of 1 ATTN: BIDNUMBER: 1,9-1{5C CONTRACT f: ROBIN P367569 R312786 BUYER 0001 CONOITIONS . READ CAREFULLYt Thc puohrEr 13 axdpl b, lllua frm paFant ot Fadcrrt Slatc. a6d i^rnrogrl!rlc! lxos and olhar lar6 2 Shpprng char96 pr.pld by {ndd 3 Paloel wx be hrda d cmplatc $.pmHlr onty onle$ dhaM* r.quatledr 0ELrvEiy 'lcxEr rrusr acco'rpaNy cooos 5 Nobadrddlri W.$n raddar ilaEt.br. 5 Plca* m.I. dcl€r€t b.twaan I A M .aC a PM ) All Cd! rceiEd wlh 1b*Qur6t Dirstcgc to m$ld and .ctur^ al Vcndor i?ipcn* ll dcledr€ il nd i^ mhplirr€ ilh tu. -.qi6tro38 lndod datr€r, rl n.e3sry I P.Flhr N.l 30 d.eddnt ro 6dDd AUGUSTA, GEORG]A ACCOUNTING DEPARTMENT, SUITE 8OO 536 TELFAIR STREET, MUNICIPAL BUILDING 'OOOAUGUSTA, cA 30901-2379 (7061 821,2335 ALL II{VOICES AND CORRESPONOENCE MUST 8E SENT TO ABOVE AODRESS REGAROLESS OF SHIPPING DESTINATION, NET TOTAL /r/7r-9 900, 000. REOUISITIONER APPROVEO FOR ISSUE PROCUREMENT OIRECTOR 900, 000 . Attachment for Agenda Item: Authorize a change order to Atlantic Coast Consulting’s (ACC) current Purchase Order P367569. (RFP 19-146C Environmental Compliance Testing, Engineering & Consulting). Commission Meeting Agenda 11/5/2019 2:00 PM Authorize a change order to Atlantic Coast Consulting’s (ACC) current PO Department:Environmental Services Department:Environmental Services Caption:Motion to authorize a $425,000.00 change order only to Atlantic Coast Consulting’s (ACC) current Purchase Order P367569. (RFP 19-146C Environmental Compliance Testing, Engineering & Consulting).(Approved by Engineering Services Committee October 29, 2019) Background:Atlantic Coast Consulting (ACC) currently has a contract with the Environmental Services Department to perform various engineering/environmental related tasks, many of which are vital to maintaining compliance with federal and state laws as well as a variety of local, state, and federal permit requirements. ACC is also involved in the oversight of major landfill construction projects including new cell construction, gas collection and control system expansion, and the leachate tank farm construction. The facility's Solid Waste Handling permit requires compliance with the Georgia Rules for Solid Waste and the submission of semi-annual groundwater monitoring and reporting, quarterly tonnage reporting, annual financial assurance certification, annual remaining capacity calculations and certifications, and to operate the facility in accordance with the Rules as well as the facility Design and Operation Plan. All of the above reports require specific expertise in that particular area in order to complete the work and the reports, in addition to specialized certifications and/or licenses in order to complete or sign the required reports. The landfill has an active gas collection and control system, which must be monitored and operated according to permit compliance and with the submission of semi-annual reports. The facility must comply with the Georgia Permit for Industrial Storm Water, which requires a minimum of quarterly monitoring of storm water discharges from the facility, annual reporting and certification of such, as well as development and maintenance of Storm water Pollution Prevention Plans and Spill Prevention Control and Countermeasure Plans. Analysis:The previous Director, Ms. Videtto, determined that with additional ESD personnel, the scope of services provided by ACC could be reduced by 30%. The approved 2019 budget reflects the additional personnel as well as the reduced budgeted amount for ACC. The amount budgeted and subsequent 2019 ACC purchase order reflected this reduction. 2016/ 02/19 ACC Purchase Order $1,750,000.00 2017/06/21 ACC Purchase Order $ 700,000.00 2018/01/30 ACC Purchase Order $1,100,000.00 2019/02/13 ACC Purchase Order $ 900,000.00 However due in part to Ms. Videtto’s departure in March, the scope of work required by ACC did not decrease in 2019, instead it increased. This is due to compliance issues which were not anticipated; some additional duties associated with site inspections, review and approval of special waste profiles, dewatering Phase 3, gas collection and control system consulting, response and representation regarding a Consent Order, Phase 2C cell closure and Phase 3 cell closure (see attachment). Financial Impact:The total cost of the change order request is $425,000.00; and will be paid from funds allocated in ESD budget 541-04- 4210/52.12115. Alternatives:1. Authorize the change order. 2. Do not authorize the change order, which will impact landfill operations and possible GA EPD compliance. Recommendation:Authorize the change order. Funds are Available in the Following Accounts: The total cost of the change order request is $425,000.00 to be funded by Waste Management fund balance, and charged to 541044210 - 5212115. REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission OFFICIAL Vendors Attachment "B"E-Verify SAVE Form Bid Price Compliance Review 6% Goal Augusta Lawn & Turf 3618 Phillips Dr Augusta, GA 30907 Yes 202665 Yes $2,988,090.00 NO Augusta Quality LLC 1540 Keron Way Hephzibah, GA 30815 Yes 639585 Yes $517,111.86 YES TNT Lawncare & Handyman Services 4213 James Drive Hephzibah, GA 30815 Pond Maintenance of Augusta 3707 Colbert St. Augusta, GA 30906 Jacobs Land Management 733 Scott Nixon Memorial Dr Augusta, GA 30907 Piedmont Landscape Management 1048 Frankie Industrial Pkwy Augusta, GA 30909 In His Name Lawncare 3550 Crawfordville Dr. Augusta, GA 30909 Davis Landscape 702 McKnight Industrial Augusta, GA 30907 CSRA Landscaping 2321 H Peach Orchard Augusta, GA 30906 Green Image 4170 Arlington Rd Evans, GA 30809 Clean Cut Landscaping 2712 Davis Mill Rd Martinez, GA 30907 Blackrock Landscaping 514 Belvedere Clearwater Rd N Aaugusta, SC 29841 College Pro Landscaping P.O. Box 519 Hull, GA 30646 Total Number Specifications Mailed Out: 45 Total Number Specifications Download (Demandstar): 5 Total Electronic Notifications (Demandstar): 57 Georgia Procurement Registry: 831 Mandatory Pre-Bid Conference Attendees: 17 Total Packages Submitted: 2 Total Noncompliant: 1 Bid Opening Bid Item #19-270 Grounds and Landscape Improvements and Maintenance – Various Roadways and Roundabouts for Augusta, GA - Engineering Department Bid Date: Tuesday, September 10, 2019 @ 10:00 a.m. Page 1 of 2 OFFICIAL Vendors Attachment "B"E-Verify SAVE Form Bid Price Compliance Review 6% Goal Total Number Specifications Mailed Out: 45 Total Number Specifications Download (Demandstar): 5 Total Electronic Notifications (Demandstar): 57 Georgia Procurement Registry: 831 Mandatory Pre-Bid Conference Attendees: 17 Total Packages Submitted: 2 Total Noncompliant: 1 Bid Opening Bid Item #19-270 Grounds and Landscape Improvements and Maintenance – Various Roadways and Roundabouts for Augusta, GA - Engineering Department Bid Date: Tuesday, September 10, 2019 @ 10:00 a.m. Advanced Pro Powerwash 3673 Old Ferry Rd Martinez, GA 30907 Page 2 of 2 Invitation to Bid Sealed bids will be received at this office until Tuesday September 10, 2019 @ 11:00 a.m. for furnishing: Bid Item #19-270 Grounds and Landscape Improvements and Maintenance – Various Roadways and Roundabouts for Augusta, GA – Engineering Department Bid documents may be examined at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. Plans and specifications for the project shall be obtained by all prime contractors, subcontractors and suppliers exclusively from ARC. The fees for the plans and specifications which are non-refundable are $25.00. It is the wish of the Owner that all businesses are given the opportunity to submit on this project. To facilitate this policy the Owner is providing the opportunity to view plans online (www.e-arc.com) at no charge through ARC Southern (706 821-0405) beginning Thursday, August 1, 2019. Bidders are cautioned that submitting a package without Procurement of a complete set are likely to overlook issues of construction phasing, delivery of goods or services, or coordination with other work that is material to the successful completion of the project. Bidders are cautioned that acquisition of documents through any other source is not advisable. Acquisition of documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. A Mandatory Pre Bid Conference will be held on Friday, August 23, 2019 @ 10:00 a.m. in the Procurement Department, 535 Telfair Street, Room 605. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Tuesday, 27, 2019 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. No bid may be withdrawn for a period of ninety (90) days after bids have been opened, pending the execution of contract with the successful bidder. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle August 1, 8, 15, 22, 2019 Metro Courier August 1, 2019 Revised: 2/2/2016 Commission Meeting Agenda 11/5/2019 2:00 PM Grounds and Landscape Improvements and Maintenance – VariousRoadways and Roundabouts for Augusta, GA – Engineering DepartmentBid 19-270 Department:Engineering Department:Engineering Caption:Motion to approve Award of “Grounds and Landscaped Improvements and Maintenance – Various Roadways and Roundabouts” Contract to Augusta Quality LLC, subject to receipt of signed contract and proper insurance documents. The Contract is effective 1/1/2020 for three years with Base year 1 and two option year renewal. Also, approve not to exceed $241,970/year to fund these contracted services. Requested by AED. BID 19-270 (Approved by Engineering Services Committee October 29, 2019) Background:One of the key elements of Augusta Stormwater Management Program is Right-of-Way vegetation control and included upkeep of landscaped sections. Contract services are an integral part of Stormwater Services Program delivery as determined by AED. S upplementing AED maintenance resources with contract services such as Vegetation Control and Right-of-Way (ROW) Mowing is a practical approach to complete and sustain much needed maintenance services in a cost effective and timely manner. Such services are essential to minimizing public safety risk and associated potential hazard liabilities, enhancing surrounding aesthetic and improving quality of life. Analysis:Bids were received on September 10, 2019 with Augusta Quality LLC being the low responsible bidder. The bid results are as follow: CONTRACTORS BID 1.Augusta Lawn & Turf $2,988,090/Base year & option years 1&2 2.Augusta Quality LLC $617,111.76/ Base year & option years 1&2 It is the recommendation of the Engineering Department to award this project to Augusta Quality LLC. Financial Impact:Funds are available in AED Stormwater Utility fund. Alternatives:1. Do not approve contract award and find alternative way providing needed maintenance Services. Recommendation:Approve Award of “Grounds and Landscaped Improvements and Maintenance – Various Roadways and Roundabouts” Contract to Augusta Quality LLCC, subject to receipt of signed contract and proper insurance documents. The Contract is effective 1/1/2020 for three years with Base year 1 and two option year renewal. Also, approve not to exceed $241,970/year to fund these contracted services. Requested by AED. BID 19- 270. Funds are Available in the Following Accounts: FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNTS: AED Stormwater Utility Funds 581-044320- 5211110 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Lena Bonner From: Sent: To: Subject: Ms. Bonner; Marcus Campbell Thursday, October 24,2019 8:35 AM Lena Bonner Agenda Item for 29 Qctober 20i.9 Below is the agenda item to be placed on the Public Safety Committee for 29 October 2019. Presentation from SP Plus on parking management implementation proposaland results of public hearings. Respectfully, Matcus Campbell Chief of Staff Office of Mayor Hardie Davis Jr. 535 Telfair Street, Suite 200 Augusta, Georgia 30901 (706) 821-1831 This e-mailcontains confidentialinformation and is intended onlyforthe individual named. lf you are notthe named addressee, you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. The City of Augusta accepts no liabilityfor the content of this e-mail or for the consequences of any actions taken on the basis of the information provided, unless that information is subsequently confirmed in writing. Any views or opinions presented in this e-mail are solely those of the author and do not necessarily represent those of the City of Augusta. E-mail transmissions cannot beguaranteed to be secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender therefore does not accept liability for any errors or omissions in the content of this message which arise as a result of the e-mailtransmission. lf verification is required, please request a hard copy version. AED:104.1 Commission Meeting Agenda 11/5/2019 2:00 PM Parking management implementation proposal Department: Department: Caption:Motion to approve presentation from SP Plus on parking management implementation proposal and results of public hearings.(Approved by Engineering Services Committee October 29, 2019) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: 1 OF 28 REVISION DATE: September 2017 STATE OF GEORGIA RICHMOND COUNTY MAJOR PROJECTS CONSULTANT SERVICES AGREEMENT BETWEEN AUGUSTA, GEORGIA (CITY) AND CONSULTANT CONSULTANT: PROJECT: DATE EXECUTED: DATE COMPLETED: 2 OF 28 REVISION DATE: September 2017 STATE OF GEORGIA RICHMOND COUNTY MAJOR PROJECTS CONSULTANT SERVICES AGREEMENT BETWEEN AUGUSTA, GEORGIA (CITY) AND CONSULTANT This Agreement is made and entered into this ______ day of _ ___________, 2019 by and between AUGUSTA, Georgia, a political subdivision of the State of Georgia, hereinafter called the “CITY” and , a Corporation authorized to do business in Georgia, hereinafter called the "CONSULTANT." WHEREAS, the CITY desires to engage a qualified and experienced consulting firm to furnish professional services for: and, WHEREAS, the CONSULTANT has represented to the CITY that it is experienced and qualified to provide the services contained herein and the CITY has relied upon such representation. NOW, THEREFORE, in consideration of the mutual promises and covenant herein contained, it is agreed by and between the CITY and the CONSULTANT that: 3 OF 28 REVISION DATE: June 2011 GENERAL PROVISIONS CONSULTANT has agreed, in this Agreement with CITY to procure the services of licensed design professionals, to provide the engineering services required to provide professional engineering and design services for the Project in accordance with the requirements as outlined in and attached as Attachment A – Scope of Services and other relevant data defining the Project. CONSULTANT COORDINATION The CONSULTANT shall cooperate fully with local government officials, utility companies, and other consultants as directed by the CITY. CONSULTANT and all relevant parties agree to work together on the basis of trust, good faith and fair dealing, and shall take actions reasonably necessary to enable each other to perform this Agreement in a timely, efficient and economical manner. All parties agree to cooperate in a manner consistent with good design practice and will exercise the degree of skill and diligence normally employed by professional engineers or consultants practicing under similar conditions. CONSULTANT will re-perform any services not meeting this standard without additional compensation. AMENDMENTS TO AGREEMENT Every amendment to the Scope of Services shall become and is hereby made a part of this Agreement. Amendments must be fully executed by both the CONSULTANT and CITY to be valid. REDUCTION IN REQUIRED SERVICES If reductions in the required services are ordered by CITY, the credits shall be the amounts for such services as described in subsequently executed Amendments to this Agreement, and no claim for damages for lost anticipated profits shall accrue to the CONSULTANT. DATE CHANGES If in this Agreement specific periods of time for rendering services are set forth or specific dates by which services are to be completed are provided and if such periods of time or dates are changed through no fault of CONSULTANT, the rates and amounts of compensation provided for herein shall be subject to equitable adjustment. AGREEMENT MODIFICATIONS This Agreement shall not be modified except by a duly executed Amendment hereto in writing under the hands and seals of both parties hereto. TIME OF COMPLETION The time of completion shall be as described in the schedule attached hereto as Attachment D - Schedule. 4 OF 28 REVISION DATE: June 2011 This Agreement shall terminate immediately and absolutely at such time as appropriated and otherwise obligated funds are no longer available to satisfy the obligations of the CONSULTANT on behalf of the CITY under this Agreement. However, CONSULTANT will be compensated for all work performed prior to termination of contract even if the CITY has obligated the funds to other projects. PROJECT PROGRESS CONSULTANT'S services and compensation under this Agreement have been agreed to in anticipation of the orderly and continuous progress of the Project through completion. LITIGATION Nothing in this Agreement shall be construed as obligating the CONSULTANT to appear, support, prepare, document, bring, defend or assist in litigation either undertaken or defended in behalf of the CITY except in consideration of compensation as set forth herein. All such services required or requested of CONSULTANT by the CITY except suits or claims between the parties to this Agreement will be reimbursed as additional services. BINDINGS It is further agreed that the CITY and CONSULTANT each binds itself and themselves, its or their successors, executors, administrators and assigns to the other party to this Agreement and to its or their successors, executors and assigns in respect to all covenants of this Agreement. Except as above, neither CITY nor the CONSULTANT shall assign, sublet or transfer its or their interest in this Agreement without prior written consent of the other party hereto. EXTENT OF THE AGREEMENT This Agreement represents the entire agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations and agreements, either written or oral as to the subject matter of this Agreement. 5 OF 28 REVISION DATE: June 2011 DEFINITIONS Wherever used in this Agreement, whether in the singular or in the plural, the following terms shall have the following meanings: Agreement Execution - means the date on which CONSULTANT executes and enters into an Agreement with CITY to perform the Work. Agreement Price - means the total monies, adjusted in accordance with any provision herein, payable to the CONSULTANT under this Agreement. CITY –means the legal entity AUGUSTA, Georgia, a political subdivision of the State of Georgia. CONSULTANT - means the party or parties contracting directly with the CITY to perform Work pursuant to this Agreement. Contract - means the Agreement Documents specifically identified and incorporated herein by reference. Contract Time - means the period of time stated in this Agreement for the completion of the Work. Subcontractor - means any person, firm, partnership, joint venture, company, corporation, or entity having a contractual agreement with CONSULTANT or with any of its subcontractors at any tier to provide a part of the Work called for by this Agreement. Supplemental Agreement - means a written order to CONSULTANT signed by CITY and accepted by CONSULTANT, effecting an addition, deletion or revision in the Work, or an adjustment in the Agreement Price or the Contract Time, issued after execution of this Agreement. Task Order – means a written order specifying a Scope of Services, time of completion and compensation limit for services being provided by CONSULTANT. Task Orders shall be incorporated by reference as part of the Supplemental Conditions of this Agreement. Work - means any and all obligations, duties and responsibilities, including furnishing equipment, engineering, design, workmanship, labor and any other services or things necessary to the successful completion of the Project, assigned to or undertaken by CONSULTANT under this Agreement. 6 OF 28 REVISION DATE: June 2011 CONTRACT DOCUMENTS List of Documents The Agreement, the General Conditions, the Attachments, and any Supplemental Agreements, including Task Orders shall constitute the Agreement Documents (the “Agreement”). Conflict and Precedence The Agreement Documents are complementary, and what is called for by one is as binding as if called for by all. In the event there are any conflicting provisions or requirements in the component parts of this Agreement, the several Agreement Documents shall take precedence in the following order: 1. Agreement – Including Attachments 2. General Conditions 3. Supplemental Conditions – Including Task Orders 7 OF 28 REVISION DATE: June 2011 GENERAL CONDITIONS 1. COMMENCEMENT OF WORK The performance of services as defined in the Prime Agreement between CONSULTANT and the CITY, and herein described in this Agreement as Attachment A shall be commenced upon receipt by the CONSULTANT of a written Notice To Proceed. The effective date of services shall be defined in the Notice To Proceed. 2. PROFESSIONAL STANDARDS The standard of care for all services performed or furnished by CONSULTANT under this Agreement will be the level of care and that is ordinarily used by members of CONSULTANT’S profession practicing under similar conditions. 3. CHANGES AND EXTRA WORK The CITY may, at any time, request changes in the work to be performed hereunder. All such changes, including any increase or decrease in the amount of the CONSULTANT’s compensation, which are mutually agreed upon by and between the CITY and the CONSULTANT, shall be incorporated in written Supplemental Agreements to the Agreement. Changes that involve an increase in the compensation shall require the approval of the CITY. 4. PERSONNEL The CONSULTANT represents that it has secured or will secure, at its own expense, all personnel necessary to complete this Agreement; none of whom shall be employees of, or have any contractual relationship with, the CITY. All of the services required hereunder will be performed by the CONSULTANT under its supervision, and all personnel engaged in the work shall be qualified and shall be authorized or permitted under law to perform such services. All Key Professional Personnel, including subcontractors, engaged in performing services for the CONSULTANT under this agreement are indicated in a personnel listing attached hereto as Attachment C – Listing of Key Personnel and incorporate herein by reference. No changes or substitution shall be permitted in the CONSULTANT’s Key Personnel without the prior written approval of the CITY or his designee. The CONSULTANT shall employ only persons duly registered in the appropriate category in responsible charge of supervision and design of the work. The CONSULTANT shall endorse all reports, contract plans, and survey data it provides to the City. Such endorsements shall be made by a person duly registered in the appropriate category by the Georgia State Board of Registration for Professional Engineers and Land Surveyors, being in the full employ of the CONSULTANT and responsible for the work prescribed by this Agreement. 8 OF 28 REVISION DATE: June 2011 5. ACCURACY OF WORK The CONSULTANT shall be responsible for the accuracy of the work and shall promptly correct errors and omissions in its plans and specifications without additional compensation. The CONSULTANT shall give prompt attention to these changes so there will be a minimum of delay to others. Acceptance of the work by the CITY will not relieve the CONSULTANT of the responsibility for subsequent correction of any errors. 6. CONFIDENTIALITY The CONSULTANT agrees that its conclusions and any reports are for the confidential use and information of the CITY and that CONSULTANT will not disclose its conclusions in whole or in part to any persons whatsoever, other than to submit its written documentation to the CITY, and will only discuss the same with it or its authorized representatives. Upon completion of this Agreement term, all documents, drawings, reports, maps, data and studies prepared by the CONSULTANT pursuant thereto shall become the property of the CITY and be delivered thereto. Articles, papers, bulletins, reports, or other materials reporting the plans, progress, analyses, or results and findings of the work conducted under this Agreement shall not be presented publicly or published without prior approval in writing of the CITY. If any such information is released by the CITY or by the CONSULTANT with such prior approval of the CITY, the same shall be regarded as public information and no longer subject to the restrictions of this Agreement. 7. OPEN RECORDS CONSULTANT acknowledge that all records relating to this Agreement and the services to be provided under the contract may be a public record subject to Georgia’s Open Records Act (O.C.G.A. § 50-18-70, et seq.). CONSULTANT shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. 8. JURISDICTION The law of the State of Georgia shall govern the AGREEMENT between CITY and CONSULTANT with regard to its interpretation and performance, and any other claims related to this Agreement. All claims, disputes and other matters in question between CITY and CONSULTANT arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The CONSULTANT, by executing this Agreement, specifically consents to jurisdiction and venue in Richmond County and waives any right to contest the jurisdiction and venue in the Superior Court of Richmond County, Georgia. THE PARTIES AGREE TO WAIVE THEIR RIGHTS TO TRIAL BY JURY. 9 OF 28 REVISION DATE: June 2011 9. TERMINATION OF AGREEMENT FOR CAUSE If the CONSULTANT shall fail to fulfill in a timely and proper manner its material obligations under this Agreement, or if the CONSULTANT shall violate any of the material covenants, agreements or stipulations of this Agreement, CONSULTANT will be given the opportunity to commence correction of obligation within 5 business days of written notice and diligently complete the correction thereafter. Failure to maintain the scheduled level of effort as proposed and prescribed, or deviation from the aforesaid schedule without prior approval of the CITY, shall constitute cause for termination. The CITY shall thereupon have the right to terminate this Agreement by giving written notice to the CONSULTANT of such termination, and specifying the effective date thereof, at least five (5) business days before the effective date of such termination. In such event, all finished or unfinished documents, maps, data, studies, work papers and reports prepared by the CONSULTANT under this Agreement shall become the property of the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents, as mutually agreed by the CITY and CONSULTANT. 10. TERMINATION FOR CONVENIENCE OF THE CITY The CITY may terminate this Agreement in part or in whole upon prior written notice to the CONSULTANT. The CONSULTANT shall be paid for any satisfactory work performed under this Agreement up to the time of termination. 11. COORDINATION AND COOPERATION WITH OTHER UTILITIES AND CONSULTANTS CITY and CONSULTANT shall thoroughly research all utility records to identify the existing facilities on the submitted roadway plans for avoidance, or resolution, of conflicts with the proposed Scope of Services. If the CITY undertakes or awards other contracts for additional related work, the CONSULTANT shall fully cooperate with such other CONSULTANTs and the CITY employees or appointed committee(s), and coordinate its own work as be directed by the CITY. The CONSULTANT shall not commit or permit any act which will interfere with the performance of work by any other consultant . 12. COVENANT AGAINST CONTINGENT FEES The CONSULTANT warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business and that the CONSULTANT has not received any non-CITY fee related to this Agreement without the prior written consent of the CITY. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability or at its discretion to deduct from the Agreement Price of consideration the full amount of such commission, percentage, brokerage or contingent fee. 10 OF 28 REVISION DATE: June 2011 13. RESPONSIBILITY FOR CLAIMS AND LIABILITY The CONSULTANT shall be responsible for any and all damages to properties or persons to the extent caused by its employees or subcontractors, and shall hold harmless the CITY, its officers and employees from all suits, claims, actions or damages of any nature whatsoever to the extent found to be resulting from the CONSULTANT or its subcontractors, in the negligent performance or non- performance of work under this Agreement. These indemnities shall not be limited by reason of the listing of any insurance coverage. This provision shall be construed pursuant to O.C.G.A. § 13-8-2, as amended. 14. INSURANCE The CONSULTANT shall, at all times that this Agreement is in effect, cause to be maintained in force and effect an Errors and Omission insurance policy(s) which provides coverage for any negligent error, act, or omission of the CONSULTANT in performance of the work during the term of this Agreement. The CONSULTANT shall provide, at all times that this agreement is in effect, Worker's Compensation insurance in accordance with the laws of the State of Georgia. The CONSULTANT shall provide, at all times that this Agreement is in effect, Insurance with limits of not less than: A. Workmen’s Compensation Insurance – in accordance with the laws of the State of Georgia. B. General Liability Insurance – in an amount of not less that One Million ($1,000,000) Dollars for injuries, including those resulting in death to any one person, and in an amount of not less than One Million ($1,000,000) Dollars on account of any one occurrence. C. Property Damage Insurance – in an amount of not less than One Million ($1,000,000) Dollars from damages on account of an occurrence, with an aggregate limit of One Million ($1,000,000) Dollars. D. Valuable Papers Insurance – in an amount sufficient to assure the restoration of any plans, drawings, field notes, or other similar data relating to the work covered by the Project. E. Professional Liability Insurance – in an amount of not less than One Million ($1,000,000) Dollars or an amount that equals the aggregate fee of Consultant’s scope on the Project should it exceed $1,000,000. CITY will be named as an additional insured with respect to CONSULTANT coverages identified in items (b) and (c). The policies shall be written by a responsible company(s), to be approved by the CITY, and shall be noncancellable except on thirty-(30) days' written notice to the CITY. Such policies shall name the CITY as an additional insured, except for worker's compensation and professional liability policies, and CONSULTANT shall provide the CITY a certificate of insurance to be filed with the Director at the time of the execution of this Agreement. 11 OF 28 REVISION DATE: June 2011 15. PROHIBITED INTERESTS 15.1 Conflict of Interest: The CONSULTANT agrees that it presently has no interest and shall acquire no interest, direct or indirect, that would conflict in any manner or degree with the performance of its services hereunder. The CONSULTANT further agrees that, in the performance of the Agreement, no person having such interest shall be employed. 15.2 Interest of Public Officials: No member, officer, or employee of the CITY during his tenure or for one year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. 15.3 Employment of CITY’s Personnel: The CONSULTANT shall not employ any person or persons in the employ of the CITY for any work required by the terms of the Agreement, without the written permission of the CITY except as may otherwise be provided for herein. 16. SUBCONTRACTING The CONSULTANT shall not subcontract any part of the work covered by this Agreement or permit subcontracted work to be further subcontracted without the CITY's prior written approval of the subcontractor. All subcontracts in the amount of $5,000 or more shall include, where possible, the provisions set forth in this Agreement. 17. ASSIGNABILITY The CONSULTANT shall not assign or transfer whether by an assignment or novation, any of its rights, obligations, benefits, liabilities or other interest under this Agreement without the written consent of the CITY. 18. EQUAL EMPLOYMENT OPPORTUNITY During the performance of this Agreement, the CONSULTANT agrees as follows: (1) the CONSULTANT will not discriminate against any employee or applicant for employment because of race, creed, color, sex or national origin; (2) the CONSULTANT will, in all solicitations or advertisements for employees placed by qualified applicants, receive consideration for employment without regard to race, creed, color, sex or national origin; (3) the CONSULTANT will cause the foregoing provisions to be inserted in all subcontracts for any work covered by the Agreement so that such provision will be binding upon each subcontractor, provided that the foregoing provision shall not apply to contracts or subcontracts for standard commercial supplies of raw materials. 19. DRUG FREE WORK PLACE CONSULTANT shall be responsible for insuring that its employees shall not be involved in any manner with the unlawful manufacture, distribution, dispensation, possession, sale or use of a controlled substance in the workplace. For purposes of the policy, “workplace” is defined as CITY 12 OF 28 REVISION DATE: June 2011 owned or leased property, vehicles, and project or client site. Any violation of the prohibitions may result in discipline and/or immediate discharge. CONSULTANT shall notify the appropriate federal agencies of an employee who has a criminal drug statute conviction for workplace violation. CONSULTANT may require drug or alcohol testing of employees when contractually or legally obligated, or when good business practices would dictate. 20. ANTI-KICKBACK CLAUSE Salaries of architects, drafters, engineer’s, and technicians performing work under this Agreement shall be paid unconditionally and not less often than once a month without deduction or rebate on any account except only such payroll deductions as are mandatory by law. The CONSULTANT hereby promises to comply with all applicable "Anti-kickback" laws, and shall insert appropriate provisions in all subcontracts covering work under this Agreement. 21. AUDITS AND INSPECTORS At any time during normal business hours and as often as the CITY may deem necessary, the CONSULTANT shall make available to the CITY and/or audit representatives of the CITY for examination all of its records with respect to all matters covered by this Agreement. It shall also permit the CITY and/or representatives of the audit, examine and make copies, excerpts or transcripts from such records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. The CONSULTANT shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred on the Project and used in support of its proposal and shall make such material available at all reasonable times during the period of the Agreement, and for three years from the date of final payment under the Agreement, for inspection by the CITY or any reviewing agencies, and copies thereof shall be furnished upon request at cost plus 10%. The CONSULTANT agrees that the provisions of this Article shall be included in any Agreements it may make with any subcontractor, assignee, or transferee. 22. OWNERSHIP, PUBLICATION, REPRODUCTION AND USE All documents and materials prepared as an instrument of service pursuant to this Agreement are the property of the CITY. The CITY shall have the unrestricted authority to publish, disclose, distribute, and otherwise use, in whole or in part, any reports, data, maps, or other materials prepared under this Agreement without according credit of authorship. The CITY shall hold harmless the CONSULTANT against all claims arising out of such use of documents and materials without the CONSULTANT’s knowledge and written consent. 23. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of the CITY, either before, during, or after the execution of this Agreement, shall affect or modify any of the terms or obligations 13 OF 28 REVISION DATE: June 2011 herein contained, nor shall such verbal agreement or conversation entitle the CONSULTANT to any additional payment whatsoever under the terms for this Agreement. All changes to this Agreement shall be in writing and appended hereto as prescribed in Article 3 above. 24. INDEPENDENT CONTRACTOR The CONSULTANT shall perform the services under this Agreement as an independent contractor and nothing contained herein shall be construed to be inconsistent with this relationship or status. Nothing in this Agreement shall be interpreted or construed to constitute the CONSULTANT or any of its agents or employees to be the agent, employee, or representative of the CITY. 25. NOTICES All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. Notices shall be addressed as follows: CITY: CONSULTANT: ADMINISTRATOR AUGUSTA, GEORGIA 535 Telfair Street Suit 910 Augusta, GA 30911 Copy to: DIRECTOR AUGUSTA UTILITIES DEPARTMENT 452 Walker Street; Suite 200 Augusta, GA 30901 Notice shall be effective upon receipt by the above-designated individuals. 26. TEMPORARY SUSPENSION OR DELAY OF PERFORMANCE OF CONTRACT To the extent that it does not alter the scope of this Agreement, CITY may unilaterally order a temporary stopping of the work, or delaying of the work to be performed by CONSULTANT under this Agreement. 27. DEFECTIVE PRICING To the extent that the pricing provided by CONSULTANT is erroneous and defective, the parties may, by agreement, correct pricing errors to reflect the intent of the parties. 28. SPECIFIED EXCUSES FOR DELAY OR NON-PERFORMANCE CONSULTANT is not responsible for delay in performance caused by severe weather, hurricanes, tornadoes, floods, and other severe and/or unexpected acts of nature. In any such event, the contract price and schedule shall be equitably adjusted. 14 OF 28 REVISION DATE: June 2011 29. HOLD HARMLESS Except as otherwise provided in this agreement, CONSULTANT shall indemnify and hold harmless Augusta, GA, and its employees from and against all liabilities, claims, suits, demands, damages, losses, and expenses, including reasonable attorneys’ fees, to the extent caused by the negligent performance of its Work. This provision shall be construed consistent with O.C.G.A. § 13-8-2, as amended. 30. GEORGIA PROMPT PAY ACT NOT APPLICABLE The terms of this Agreement supersede any and all provisions of the Georgia Prompt Pay Act. 31. RIGHT TO INSPECT PREMISES CITY may, at reasonable times and reasonable notice, inspect the part of the plant, place of business, or work site of CONSULTANT or any subcontractor of CONSULTANT which is pertinent to the performance of this Agreement. 32. E-VERIFY All contractors and subcontractors entering into contracts with Augusta, Georgia for the physical performance of services shall be required to execute an Affidavit verifying its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with Augusta, Georgia has registered with and is participating in a federal work authorization program. All contractors and subcontractors must provide their E-Verify number and must be in compliance with the electronic verification of work authorized programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13- 10-91 and shall continue to use the federal authorization program throughout the contract term. All contractors shall further agree that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to its contract with Augusta, Georgia the contractor will secure from such subcontractor(s) each subcontractor’s E-Verify number as evidence of verification of compliance with O.C.G.A. § 13-10-91 on the subcontractor affidavit provided in Rule 300-10-01-.08 or a substantially similar form. All contractors shall further agree to maintain records of such compliance and provide a copy of each such verification to Augusta, Georgia at the time the subcontractor(s) is retained to perform such physical services. 33. LOCAL SMALL BUSINESS LANGUAGE In accordance with Chapter 10B of the AUGUSTA, GA. CODE, Contractor expressly agrees to collect and maintain all records necessary to for Augusta, Georgia to evaluate the effectiveness of its Local Small Business Opportunity Program and to make such records available to Augusta, Georgia. The requirements of the Local Small Business Opportunity Program can be found at www.augustaga.gov. In accordance with AUGUSTA, GA. CODE § 1-10-129(d)(7), for all contracts where a local small business goal has been established, the contractor is required to provide local small business utilization reports. Contractor shall report to Augusta, Georgia the total dollars paid to each local small business on each contract, and shall provide such payment affidavits, regarding payment to 15 OF 28 REVISION DATE: June 2011 subcontractors as may be requested by Augusta, Georgia. Such documents shall be in the format specified by the Director of minority and small business opportunities, and shall be submitted at such times as required by Augusta, Georgia. Failure to provide such reports within the time period specified by Augusta, Georgia shall entitle Augusta, Georgia to exercise any of the remedies set forth, including but not limited to, withholding payment from the contractor and/or collecting liquidated damages. 34. ACKNOWLEDGEMENT “Consultant acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Board of Commissioners and approval of the Mayor. Under Georgia law, Consultant is deemed to possess knowledge concerning Augusta, Georgia's ability to assume contractual obligations and the consequences of Consultant's provision of goods or services to Augusta, Georgia under an unauthorized contract, amendment, modification, change order or other similar document, includes the possibility that the Consultant may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Consultant agrees that if it provides goods or services to Augusta, Georgia under this Agreement that has not received proper legislative authorization or if the Consultant provides goods or services to Augusta, Georgia in excess of the any contractually authorized goods or services, as required by Augusta, Georgia's Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods or services provided by Consultant. Consultant assumes all risk of non-payment for the provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized, including, without limitation, all remedies at law or equity." This acknowledgement shall be a mandatory provision in all Augusta, Georgia contracts for goods and services, except revenue producing contracts. [SIGNATURES ON FOLLOWING PAGE] 16 OF 28 REVISION DATE: June 2011 IN WITNESS WHEREOF, said parties have hereunto set their seals the day and year written below: CITY: CONSULTANT: AUGUSTA, GEORGIA (CITY) BY: BY: PRINTED NAME: Hardie Davis, Jr. PRINTED NAME AS ITS: MAYOR AS ITS:: Principal ATTEST CLERK: ATTEST: PRINTED NAME: PRINTED NAME AS ITS: Clerk of Commission AS ITS:: Principal DATE: DATE: Copy To: DIRECTOR AUGUSTA UTILITIES DEPARTMENT 452 Walker Street, Suite 200 Augusta, GA 30901 17 OF 28 REVISION DATE: June 2006 CONSULTANT’S RESPONSIBILITIES CONSULTANT , in order to determine the requirements of the Project, shall review the information in Attachment A – Scope of Services. CONSULTANT shall review its understanding of the Project requirements with CITY and shall advise CITY of additional data or services which are not a part of CONSULTANT’s services, if any, necessary for design to begin. PROJECT UNDERSTANDING Upon request from the CONSULTANT, CITY shall provide all criteria and full information as to CITY's and CONSULTANT'S requirements for this part of the project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expendability, and any budgetary limitations. CITY shall furnish all data, reports, surveys, and other materials that may be relied upon in performing CONSULTANT'S services. REVIEW OF WORK Authorized representatives of the CITY may at all reasonable times review and inspect the project activities and data collected under the Agreement and amendments thereto. All reports, drawings, studies, specifications, estimates, maps and computation prepared by or for the CITY pursuant to this Agreement shall be subject to review. The CITY may at any time request progress reports, prints or copies of any work performed under this Agreement. Refusal by the CONSULTANT to submit contractually required progress reports and/or plans shall be cause to withhold payment to the CONSULTANT until the CONSULTANT complies with the CITY’s request in the regard. The CITY’s review recommendations shall be incorporated into the plans by the CONSULTANT. CONSULTANT'S INSURANCE CONSULTANT will maintain throughout this AGREEMENT the following insurance limits as specified in General Condition 14 – Insurance. 18 OF 28 REVISION DATE: June 2011 CITY’S RESPONSIBILITES CITY-FURNISHED DATA CITY will provide to CONSULTANT all data in CITY's possession relating to CONSULTANT's services on the PROJECT. CONSULTANT will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by CITY. RIGHT TO ENTER The CITY will notify all property owners or occupants of the CONSULTANT’s intent to enter properties for the purpose of accomplishing work in accordance with the practices of the CITY. The CONSULTANT shall discuss with and receive approval from the CITY prior to sending notices of intent to enter private property. Upon request by the CONSULTANT, the CITY will provide the necessary documents identifying the CONSULTANT as having a need to enter the properties for the purpose described in the Agreement. ADVERTISEMENTS, PERMITS, AND ACCESS CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights-of-way, and access necessary for CONSULTANT's services or PROJECT construction. TIMELY REVIEW CITY will examine CONSULTANT's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as CITY deems appropriate; and CITY shall render writing decisions in a timely manner. PROMPT NOTICE CITY will give prompt written notice to CONSULTANT whenever CITY observes or becomes aware of any development that may affect the scope or timing of CONSULTANT's Services, or of any defect in the work of CONSULTANT or construction contractors. CITY'S INSURANCE CITY will maintain property insurance on all pre-existing physical facilities associated in any way with the PROJECT. LITIGATION ASSISTANCE The Scope of Services does not include costs of CONSULTANT for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by CITY. All such Services required or requested of CONSULTANT by CITY, except for suits or claims between the parties to this AGREEMENT, will be reimbursed as additional services. 19 OF 28 REVISION DATE: June 2011 ATTACHMENT A – SCOPE OF SERVICES This project will develop the CITY’s wastewater collection system model. This is the first step in providing the necessary information to guide future decisions and capital improvements budgeting to manage wastewater collection system infrastructure. This scope of services consists of the following major tasks: Task 1 – Project Management Task 2 – Hydraulic Model Development Task 3 – Hydraulic Model Calibration and Implementation Task 4 – Training and Quality Control Task 1 - Project Management Project management will include regular updates and communication with the CITY’s project manager and key staff, as well as implementing quality, scope, schedule, and budget control. 1.1 Project Kickoff At the project onset, CONSULTANT will conduct a kickoff meeting with CITY staff to clearly define the goals, objectives, and priorities to help focus the work effort to be accomplished in this project. The meeting will identify the primary objectives of the CITY’s collection system modeling so that the methodology developed under subsequent tasks may be tailored to achieve those objectives. Data collection and requirements will also be discussed, as well as appropriate planning and design criteria for the various aspects of this study. 1.2 Data Collection and Planning Flow monitoring data is critical to calibrate the model and predict the response of the collection system to various storm events. Early in the project, CONSULTANT will review data from the existing permanent flow meters and any previously collected temporary flow monitoring data, along with available rainfall data. Recommendations for utilizing rainfall data that corresponds with the existing flow data will be provided. CONSULTANT will review the sources of available information for hydraulic model development (e.g., GIS, as-builts, pump station data, and interviews with staff regarding system operations) and develop a plan for the model construction. Recommendations will be provided for filling in data gaps of necessary information, such as manhole rim and invert survey or pump draw-down testing. 1.3 Workshops CONSULTANT will conduct workshops with CITY staff at key points in the project, including, hydraulic model development (Task 2), hydraulic model calibration and implementation (Task 3), 20 OF 28 REVISION DATE: June 2011 and training (Task 4) to get staff and operator buy-in and confirm critical success factors are being met for the project. 1.4 Software Selection Based on needs discussed at the kickoff meeting, CONSULTANT will discuss the pros and cons of up to three software packages and recommend a software package to use for the CITY’s hydraulic model. Task 2 - Hydraulic Model Development 2.1 Physical Model Development CONSULTANT will create a dynamic hydraulic model of the CITY’s sanitary sewer system, focusing on the largest infrastructure. The model will include gravity sewer 12-inches in diameter and larger and associated pump stations and force mains. The physical model setup will be based on the current GIS data to be imported into the selected model software and supplemented with as-built drawings where necessary. Gravity pipes, manholes, pump stations, force mains, control structures, and boundary conditions will be defined in the model. Roughness coefficients will be assigned based on pipe age and material, and will be adjusted as necessary through calibration. CONSULTANT will review the hydraulic model with the CITY and will provide recommendations on how to fill in any data gaps. Dry- and wet-weather wastewater flows developed through analysis of flow monitoring data and application of the hydrologic model will be loaded into the physical model at appropriate load points. 2.2 Flow Monitoring Data Analysis and Hydrologic Model CONSULTANT will analyze wastewater flow meter data for up to 12 meters, as provided by the CITY. Flow meter data will be decomposed into base flow, groundwater infiltration, and rainfall dependent infiltration and inflow (RDI/I) components for up to three (3) storm events. This decomposition will reveal the relative RDI/I of the metered areas. CONSULTANT will develop a hydrologic model using a unit hydrograph approach (RTK approach). RDI/I hydrographs will be developed that are calibrated to actual flow monitoring data and used to project the system response from design storm events. The EPA SO Analysis Package (SSOAP) will be used to develop the hydrologic model using the RTK approach. Task 3 - Hydraulic Model Calibration and Implementation 3.1 Hydraulic Model Calibration Sewer flow rates, depths, and rain data will be the principal sources of data for calibrating the model and will be supplemented with field observations that will include any documented SSOs, surcharge watermarks observed from the manhole inspections, documented street and yard flooding, CCTV findings of sediment or blockages in the sewers, and other information that can be provided by the CITY. CONSULTANT will calibrate the hydraulic model for both dry- and wet-weather conditions. Initially, flows will be loaded to the hydraulic models to simulate diurnal flow patterns observed 21 OF 28 REVISION DATE: June 2011 in the flow monitoring data for periods not influenced by rainfall events. Next, an actual storm event will be input into the model, and the results obtained are compared to the actual monitored data for that storm. Adjustments to the calibration will be made, as needed, to obtain an acceptable match. CONSULTANT will review the calibration results with CITY personnel to assess if there is any historical knowledge that may corroborate the model predictions. 3.2 Model Implementation for Initial Capacity Analysis CONSULTANT will use the calibrated model to evaluate the hydraulics of the existing collection system for both dry- and wet-weather and will identify any concerns. CONSULTANT will use a determined design storm event and the resulting hydrographs input at each load point on the hydraulic model for the wet weather analysis. Capacity metrics will be determined based on discussions with CITY staff and results of the capacity analysis in comparison to the metrics will be presented graphically for the modeled system. CONSULTANT will meet with the CITY and report the initial findings from the evaluation of the performance and capacity of the existing sewer system. Results from the initial capacity analysis can help inform where the next phases of implementation should be focused. 3.3 Report CONSULTANT will present the findings of Tasks 1 through 3 in a draft report. The report will summarize the data collection, evaluations, calibration, capacity analysis, and recommendations. CONSULTANT will provide an electronic copy and five hard copies of the draft report to the CITY for review. CONSULTANT will address CITY comments and submit a final report. CONSULTANT will provide an electronic copy and five hard copies of the final report. Task 4 - Training and Quality Control 4.1 Model Training CONSULTANT will present the fundamentals of the software interface and collection system modeling during the model development and calibration workshop with key CITY staff. A one- day training session for staff will discuss software capabilities, development of project models, and demonstrate how models inform engineering decisions. CONSULTANT will focus this training session on the questions and concerns from staff throughout the project and on CITY staff’s anticipated future use of the model. CONSULTANT will be available for follow-up assistance as the CITY begins to work directly with the model and questions arise. An allowance of 24 hours has been included in the Agreement for model follow-up assistance. 4.2 QA/QC CONSULTANT will perform quality assurance/quality control activities including manage budget and schedule, conduct quality management and technical reviews, and provide written progress reports to be submitted with monthly invoices. 22 OF 28 REVISION DATE: June 2011 Assumptions and Exclusions The scope of work and fee has been developed with the following assumptions and exclusions: 1. The project will be executed over an estimated 10-month period of time. 2. 5 workshop meetings, including the kickoff meeting, are assumed. 3. 1 day of onsite training for City staff is included. 4. It is assumed that the City will provide the flow meter/monitor data and that up to 12 flow monitors will be analyzed. 5. It is assumed that the hydrologic model will be developed for up to 3 storm events. 6. It is assumed that the City will provide current, accurate GIS information for the collection system gravity sewer network, including pipe inverts and diameters, manhole rim elevations, pump stations (including curves, run times, wet well size, etc.), and forcemain diameters and locations. 7. It is assumed that only priority pump stations will be modeled – those with forcemains 12- inch and larger. 8. It is assumed the City will provide rainfall/rain gauge data and that this will be available for 3 storm events. It is assumed that purchase of doppler/radar rainfall data will not be required. 9. Flow projections for future population or service area growth are not included. 23 OF 28 REVISION DATE: June 2011 ATTACHMENT B - COMPENSATION The CITY shall compensate the CONSULTANT for services, which have been authorized by the CITY under the terms of this Agreement. The CONSULTANT may submit to the CITY a monthly invoice, in a form acceptable to the CITY and accompanied by all support documentation requested by the CITY, for payment for the services, which were completed during the billing period. The CITY shall review for approval said invoices. The CITY shall have the right to reject payment of any invoice or part thereof if not properly supported, or if the costs requested or a part thereof, as determined solely by the CITY, are unreasonably in excess of the actual phase of completion of each phase. The CITY shall pay each such invoice or portion thereof as approved, provided that the approval or payment of any such invoice shall not considered to be evidence of performance by the CONSULTANT to the point indicted by such invoice, or of receipt of acceptance by the CITY of the service covered by such invoice. The CITY shall pay any undisputed items contained in such invoices. Each invoice shall be accompanied by a letter progress report describing the total work accomplished for each phase and any problems, which have been encountered, which may inhibit execution of the work. The CONSULTANT shall also submit an accurate updated schedule, and an itemized description of the percentage of total work completed for each phase during the billing period. When the CITY authorizes the CONSULTANT to proceed with the work authorized in a Task Order, it agrees to pay the CONSULTANT for work completed, on the basis of the standard billing rates shown in Attachment B to the Contract of those principals and employees engaged directly on the work. Compensation for design services shall be invoices based on the sum of all actual costs incurred in the performance of the work, including all direct, payroll, overall and profit cost in an amount not- to-exceed the compensation set forth in the terms of the Agreement or any authorized Task Order. All invoices submitted by the CONSULTANT shall be detailed to reflect incurred expenses, labor hours and costs by authorized Task. Overtime may be performed at the discretion of the CONSULTANT, but the premium time portion of the overtime will not be billed to the CITY unless the CONSULTANT has requested acceleration of the scheduled work in writing. OWNER will compensate CONSULTANT for Tasks 1 through 4 listed in Attachment A Scope of Services for a not-to-exceed total of $329,200 based on the tables below. The task totals shown below are for reference and not considered to be upper limits by task. 24 OF 28 REVISION DATE: June 2011 Table 1. Fee Proposal Table 2. Billing Rates Labor Category Billing Rate ($/hr) Officer/Technical Review $250 Project Manager $180 Senior Professional $245 Professional III $140 Professional II $120 Professional I $100 GIS Technician $110 Support Staff $135 Administrative Staff $90 25 OF 28 REVISION DATE: June 2011 ATTACHMENT C – LISTING OF KEY PERSONNEL CONSULTANT shall provide qualified personnel to perform its work. The list of Key Personnel below, including a designated Program Manager will not change or be reassigned without the written approval of the CITY. Those Key Personnel committed for this work are as follows: Lee Smith – Program Manager Sheri Smith – Contract Manager Debra James – Client Service Leader Chris Nesbit – Technical Advisor Anna West – Hydraulic Modeler 26 OF 28 REVISION DATE: June 2011 ATTACHMENT D – SCHEDULE FOR PERFORMANCE It is anticipated that this project will take approximately 10 months to complete after receipt of the written Notice to Proceed (NTP) in accordance with the schedule included below. This schedule assumes the CITY will provide necessary data in a timely manner and will provide review comments on draft deliverables within two weeks. MONTHS FROM NTP 1 2 3 4 5 6 7 8 9 10 Task 1 – Project Management Workshop - Kickoff Meeting * Data Collection & Planning Interviews with Augusta Staff Regarding Pump Station Operation Project Management Tasks Task 2 – Hydraulic Model Development Analyze Flow Monitor Data from 12 Permanent Meters Build Hydraulic Model Flow Monitoring & Model Development Workshop * Task 3 – Hydraulic Model Calibration & Implementation Model Calibration (Dry-& Wet-Weather) Calibration and Design Storm Selection Workshop * Run Preliminary Capacity Analysis & Develop Maps Capacity Analysis Workshop * Draft Report * AUD Review Draft Report & Provide Comments Final Report * Task 4 – Training & QA/QC Training Workshop & Follow-up * QA/QC * Workshop/ Deliverable 27 OF 28 REVISION DATE: June 2011 CONSULTANT SERVICES As a part of this Agreement the CONSULTANT agrees to furnish the following checked items (CONSULTANT to initial in the space provided acknowledging responsibility to furnish said item). Prior to Authorization To Proceed: Detailed Scope of Services based upon Schedule A of this Agreement to be submitted with Cost Proposal clearly defining the CONSULTANT’S understanding of the project limits, design objectives and CONSULTANT’S services to be provided. AUGUSTA UTILITIES DEPARTMENT CONSULTANT BY: BY: PRINTED NAME: PRINTED NAME: TITLE: DIRECTOR TITLE: Principal DATE: DATE: 28 OF 28 REVISION DATE: June 2006 ADDITIONAL SERVICES: 1. Revisions to the plans/contract documents to extend the limits of the project after this AGREEMENT has been executed by the CITY. 2. Revisions due to incorrect locations of existing utilities by the CONSULTANT (i.e., correct location given by CITY, incorrectly marked on plans by engineer) will be the responsibility of the CONSULTANT. Other revisions required by the CITY, DOT, EPD, or other government agency at their request will be considered an additional service. 3. Out-of-town meetings or conferences required of the CONSULTANT by the CITY. 4. Other not described above, as approved by the CITY. Request for Proposal Request for Proposals will be received at this office until Thursday, March 26, 2019 @ 11:00 a.m. for furnishing: RFP Item #19-188 Professional Services for the Development of a Sanitary Sewer Hydraulic Model for Augusta, GA – Utilities Department Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 RFP documents may be viewed on the Augusta Georgia web site under the Procurement Department ARCbid. RFP documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Tuesday, March 12, 2019 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. No RFP may be withdrawn for a period of ninety (90) days after bids have been opened, pending the execution of contract with the successful bidder(s). Request for proposals (RFP) and specifications. An RFP shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the request for proposal including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waivable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark RFP number on the outside of the envelope. Proponents are cautioned that acquisition of RFP documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RFP documents from unauthorized sources places the proponent at the risk of receiving incomplete or inaccurate information upon which to base their qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No RFP will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Sent to Pre-Qualified Vendors RFQ 19-132: Thursday, February 28, 2018 Sent to Vendors: February 5, 2019 OFFICIAL VENDORS Attachment "B"E-Verify #Addendums 1-2 SAVE Form Original 7 Copies Fee Proposal Jacobs Engineering Group, Inc. 10 Tenth Street NW, Suite 1400 Atlanta, GA 30309 Yes 11557 Yes Yes Yes Yes Yes Constantine Engineering, Inc. 608 Broad Street, Suite 2B Augusta, GA 30904 Yes 104087 Yes Yes Yes Yes Yes CDM Smith, Inc. 3200 Windy Hill Rd., SE Suite 210 West Atlanta, GA 30339 Yes 1363709 Yes Yes Yes Yes Yes Total Number Specifications Mailed Out: 3 Total Number Specifications Download (Demandstar): NA Total Electronic Notifications (Demandstar): NA Georgia Procurement Registry: NA Mandatory Pre-Proposal/Telephone Conference Attendees: NA Total packages submitted: 3 Total Noncompliant: 0 RFP Opening RFP Item #19-188 Professional Services for the Development of a Sanitary Sewer Hydraulic Model for Augusta, GA Utilities Department RFP Date: Thursday, April 18, 2019 @ 11:00 a.m. Page 1 of 1 Jacobs Engineering Group, Inc. 10 Tenth Street NW, Suite 1400 Atlanta, GA 30309 Constantine Engineering, Inc. 608 Broad Street, Suite 2B Augusta, GA 30904 CDM Smith, Inc. 3200 Windy Hill Rd., SE Suite 210 West Atlanta, GA 30339 Jacobs Engineering Group, Inc. 10 Tenth Street NW, Suite 1400 Atlanta, GA 30309 Constantine Engineering, Inc. 608 Broad Street, Suite 2B Augusta, GA 30904 CDM Smith, Inc. 3200 Windy Hill Rd., SE Suite 210 West Atlanta, GA 30339 Evaluation Criteria Ranking Points 1. Completeness of Response • Package submitted by the deadline • Package is complete (includes requested information as required per this solicitation) • Attachment B is complete, signed and notarized N/A Pass/Fail PASS PASS PASS PASS PASS PASS 2. Qualifications & Experience (0-5)20 5 2.5 5 100 50 100 3. Organization & Approach (0-5)15 4 1.5 5 60 22.5 75 4. Scope of Services 1. Project Management 2. Software Selection 3. Hydraulic Model Development 4. Hydraulic Model Calibration and Implementation 5. Training and Quality Control (0-5)15 4 2.5 5 60 37.5 75 5. Schedule of Work (0-5)10 3 1 5 30 10 50 6. References (0-5)5 5 5 5 25 25 25 Within Richmond County 5 10 5 0 50 0 Within CSRA 5 6 0 0 0 Within Georgia 5 4 5 5 20 0 20 Within SE United States (includes AL, TN, NC, SC, FL) 5 2 0 0 0 All Others 5 1 0 0 0 26 17.5 30 295 195 345 8. Presentation by Team (0-5)10 0 0 0 9 Q&A Response to Panel Questions (0-5)5 0 0 0 Lowest Fees 5 10 5 50 0 0 Second 5 6 5 0 0 30 Third 5 4 0 0 0 Forth 5 2 0 0 0 Fifth 5 1 0 0 0 Total Phase 2 - (Total Maximum Ranking 15 - Maximum Weighted Total Possible 125) 5 0 5 50 0 30 31 17.5 35 345 195 375 Procurement DepartmentRepresentative:_________________Nancy Williams___________________________ Procurement Department Completion Date: 6/6/19 Phase 2 (Option - Numbers 8-9) (Vendors May Not Receive Less Than a 3 Ranking in Any Category to be Considered for Award) Internal Use Only Total Cumulative Score (Maximum point is 500) Evaluator: Cumulative Date: 6/6/19 10. Cost/Fee Proposal Consideration (only choose 1 line according to dollar value of the proposal in relation to all fee proposals - enter the point value for the one line only) Total (Total Possible Score 500) Total (May not Receive Less Than a 3 Ranking in Any Category to be Considered for Award) Vendors Phase 1 Total - (Total Maximum Ranking 30 - Maximum Weighted Total Possible 375) Phase 1 RFP Item #19-188 Professional Services for the Development of a Sanitary Sewer Hydraulic Model for Augusta, GA Utilities Department Evaluation Meeting: Monday, June 3, 2019 @ 2:00 p.m. Scale 0 (Low) to 5 (High) Ranking of 0-5 (Enter a number value between 0 and 5)Weighted Scores 7. Proximity to Area (only choose 1 line according to location of the company - enter the ranking value for the one line only) CDM Smith, Inc. Attn: Debra James 3200 Windy Hill Road, Suite 210 W Atlanta, GA 30339 Constantine Engineering, Inc. 1988 Lewis Turner Blvd. Fort Walton Beach, FL 32547 Jacobs Engineering Group, Inc. 10 10th Street NW, Suite 1400 Atlanta, GA 30309 Constantine Engineering, Inc. Attn: Wes Byne/Jim Kizer 1571 Broad Street, Suite C Augusta, GA 30901 RETURNED MAIL PHYLLIS JOHNSON COMPLIANCE DEPARTMENT TOM WIEDMEIER AUGUSTA UTILITIES DEPARTMENT MARIE CORBIN AUGUSTA UTILITIES DEPARTMENT RFP Item #19-188 A Professional Services for the Development of a Sanitary Sewer Hydraulic Model for Utilities Department Mailed 02/28/19 RFP Item #19-188 A Professional Services for the Development of a Sanitary Sewer Hydraulic Model for Utilities Department RFPDue: Thu 3/28/19 @ 11:00A.M. Commission Meeting Agenda 11/5/2019 2:00 PM Professional Services for the Development of a Sanitary Sewer Model for Augusta Utilities Department Department:Utilities Department:Utilities Caption:Motion to award RFQ #19-188, Professional Services for the Development of a Sanitary Sewer Model to CDM Smith, Inc. in the amount of $329,200. (Approved by Engineering Services Committee October 29, 2019) Background:Augusta Utilities Department (AUD) currently owns and oversees operation of 1 wastewater treatment plant, approximately 92 sanitary sewer lift stations, 1,000 +/- miles of gravity sanitary sewer lines with a diameter 8” inches and greater, 60 +/-miles of sanitary sewer force mains and 23,799 +/- sanitary sewer manholes. A Sanitary Sewer Model will provide AUD with a tool to plan for capital improvements and future development as well as diagnose problems within the system. Analysis:AUD solicited proposals for firms to provide professional services to develop a Sanitary Sewer Model. We sought firms with specific expertise preforming similar work for wastewater systems of similar size. CDM Smith, Inc. was deemed the highest qualified firm of the three submitters and negotiations of the fee proposal were facilitated by the procurement department. Financial Impact:We have reviewed the proposal from CDM Smith, Inc. and find it to be reasonable. Funding in the amount of $329,200 is available from accounts: G/L 507043490-5212999 - J/L 81900100-5212999. Alternatives:The Commission could elect to not proceed with this project. Recommendation:We recommend that the agreement with CDM Smith, Inc. be approved. Funds are Available in the Following Accounts: Funds are available in the following accounts: G/L 507043490- 5212999 - J/L 81900100-5212999 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Commission Meeting Agenda 11/5/2019 2:00 PM Recapture SPLOST Funds Department: Department: Caption:Motion to approve the contract in Exhibit Item B and the list with of $1.4 million dollars (use of recaptured SPLOST Funds) for paving of roads.(Approved by Engineering Services Committee October 29, 2019) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Augusta-Richmond County, Georgia BE IT ORDAINED by the Commission-Council of Augusta-Richmond County, Georgia that the following Capital Project Budget is hereby authorized: Section 1: The project is authorized to award Construction Contract to Blair Construction in the amount of $1,858,907.00 for Skyview Drainage Improvements Design-build Construction Services as requested by AED. Funding is available Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. SPLOST VII Grading & Drainage (Stormwater).1,858,910$ 1,858,910$ Section 3: Copies of this Capital Project Budget shall be made available to the Comptroller for direction in carrying out this project. Adopted this ____________________ day of ______________________. Approved _________________________________________________ Original-Commission Council Office Copy-Engineering Department Copy-Finance Department Copy-Procurement Department CPB AMOUNT Honorable Hardie Davis, Jr., Mayor in the SPLOST VII Grading & Drainage (Stormwater). CPB#N/A CAPITAL PROJECT BUDGET Skyview Drainage Improvements 1 of 2 09.26.2019 Augusta-Richmond County, Georgia CPB#N/A CAPITAL PROJECT BUDGET Skyview Drainage Improvements SOURCE OF FUNDS CPB SPLOST VII Grading & Drainage (Stormwater).($1,858,910) TOTAL SOURCES: ($1,858,910) USE OF FUNDS SPLOST VII Grading & Drainage (Stormwater).$1,858,910 TOTAL USES: $1,858,910 2 of 2 09.26.2019 Request for Proposal Request for Proposals will be received at this office until Thursday, June 6, 2019 @ 3:00 p.m. for furnishing: RFP Item #19-236 Skyview Drainage Improvements Design-Build Construction Services for Augusta, GA Engineering Department RFPs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 RFP documents may be examined at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. Plans and specifications for the project shall be obtained by all prime, subcontractors and suppliers exclusively from Augusta Blue Print. The fees for the plans and specifications which are non-refundable is $20.00. It is the wish of the Owner that all businesses are given the opportunity to submit on this project. To facilitate this policy the Owner is providing the opportunity to view plans online (www.augustablue.com) at no charge through Augusta Blue Print (706 722-6488) beginning Wednesday, May 15, 2019. Bidders are cautioned that submitting a package without Procurement of a complete set are likely to overlook issues of construction phasing, delivery of goods or services, or coordination with other work that is material to the successful completion of the project. A Mandatory Pre Proposal Conference will be held on Thursday, May 23, 2019, @ 10:00 a.m. in the Procurement Department, 535 Telfair Street, Room 605. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, May 24, 2019 @ 5:00 P.M. No RFP will be accepted by fax, all must be received by mail or hand delivered. No RFP may be withdrawn for a period of 90 days after bids have been opened, pending the execution of contract with the successful bidder(s). A 10% Bid bond is required to be submitted along with the bidders’ qualifications; a 100% performance bond and payment bond will be required for award. Request for proposals (RFP) and specifications. An RFP shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the request for proposal including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waivable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark RFP number on the outside of the envelope. Proponents are cautioned that acquisition of RFP documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RFP documents from unauthorized sources places the proponent at the risk of receiving incomplete or inaccurate information upon which to base their qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov GERI A. SAMS, Procurement Director Sent to Pre-Qualified Vendors RFQ 19-151 - Wednesday, May 15, 2019 OFFICIAL VENDORS Attachment "B"E-Verify #SAVE Form Bid Bond Addendum 1 Original 7 Copies Fee Proposal Compliance Review 6 % Benesch/Blair Construction 1005 Broad St., Suite 200 Augusta, GA 30901 YES 224004 YES YES YES YES YES YES Yes Moreland Altobelli/ER Snell 2450 Commerce Ave., Suite 100 Duluth, GA 30096 YES 22114 YES YES YES YES YES YES Yes RFP Opening - Item #19-236 Skyview Drainage Improvements Design- Build Construction Services for Augusta, GA - Engineering Department RFP Date: Thursday, July 25, 2019 @ 3:00 p.m. Total Number Specifications Mailed Out: 4 Total Number Specifications Download (Demandstar): N/A Total Electronic Notifications (Demandstar): N/A Mandatory Pre-Proposal Conference Attendees: 4 Total packages submitted: 2 Total Noncompliant: 0 Page 1 of 1 ATTN PATRICK DILLARD BLAIR CONSTRUCTION PO BOX 770 EVANS, GA 30809 ATTN: RICK TOOLE BENESCH 1005 BROAD STREET, STE 200 AUGUSTA, GA 30901 ER SNELL CONTRACTOR P. O. BOX 306 SNELLVILLE, GA 30078 MORELAND ALTOBELLI 2450 COMMERCE AVENUE SUITE 100 DULUTH, GA 30096-8910 RFP 19-236 SKYVIEW DRAINAGE IMPROVEMENTS DESIGN BUILD CONSTRUCTION SERVICES FOR ENGINEERING DEPARTMENT MAILED 5/15/19 RFP 19-236 SKYVIEW DRAINAGE IMPROVEMENTS PROJECT DESIGN BUILD CONSTRUCTION SERVICES FOR ENGINEERING DEPARTMENT RFP DUE: THUR. 06/06/19 @ 3:00 P.M. MARQUES JACOBS ENGINEERING DEPARTMENT HAMEED MALIK ENGINEERING DEPARTMENT JUNE HAMAL ENGINEERING DEPARTMENT TREZA EDWARDS COMPLIANCE DEPARTMENT Commission Meeting Agenda 11/5/2019 2:00 PM Skyview Drainage Improvements Design-build Construction Services Department:Engineering Department:Engineering Caption:Motion to approve award of Design-Build Construction Contract to Blair Contraction, Inc. in the amount of $1,858,907.00 for Skyview Drainage Improvements Design- build Construction Services as requested by AED. Award is contingent upon receipt of signed contracts and proper bonds. RFP 19-236 (Approved by Engineering Services Committee October 29, 2019) Background:Skyview Drive (Road) is a primary signalized full access roadway to industrial and commercial operation for its surrounding business including the FPL Food Processing Facility. The Road carries heavy vehicles traffic including Trucks transporting animals to FPL facility. Per traffic data, Truck traffic accounts for around 11% of daily traffic volume keeping the Road in good operational condition is critical to surrounding business operation and area economy. Drainage conveyance system along this commercial/industrial corridor is not effectively conveying surface runoff during rain events and frequently the Road experiences flooding resulting in creating not only vehicular safety hazard, but also impacting surrounding businesses operation. The Design-Build approach was utilized to design and construct site specific cost effective drainage conveyance system in a timely manner. Team (DB Team) will provide the design and construction services for drainage conveyance system operational improvements along the Skyview Drive drainage corridor. The Lead Contractor will be responsible for the overall coordination of the project. In February 2019, a request for Qualifications was released (RFQ 19-151) for qualified firms to provide constructing services for this project. Contractors were pre-qualified using Augusta Request for Qualification Procurement process. Analysis:Request for Proposal was received from pre-qualified contractors on August 26, 2019. Firms were evaluated based on qualifications, similar projects completion history, project approach, experience, and construction completion schedule. The following Design-build Teams submitted RFPs and were evaluated: 1.Blair Construction, Inc. and Alfred Benesch 3.E.R. Snell Contractor, Inc. and Moreland Altonelli Based on the evaluation procedures, Blair construction / Alfred Benesch Team was selected for this project. Financial Impact:Funds area available in Stormwater SPLOST funds. Alternatives:Do not approve and cancel the project. Recommendation:Approve award of Design-Build Construction Contract to Blair Contraction, Inc. in the amount of $1,858,907.00 for Skyview Drainage Improvements Design-build Construction Services as requested by AED. Award is contingent upon receipt of signed contracts and proper bonds. RFP 19-236. Funds are Available in the Following Accounts: FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNTS: Stormwater SPLOST Funds 329-044320- 5414110/216829903-5414110 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission EDQT Russell R. McMurry, P.E., Commissioner One Georgia Center 600 West Peachtree Street, NW Atlanta, GA 30308 (404) 631 -1000 Main OfficeGeorgio Deporlment of Tronsportolion July 8, 2019 Mr. Jarvis Sims lnterim City Administrator City of Augusta 535 Telfair Street, Suite 910 Augusta, GA 30901 RE Roundabout lighting assistan ce forsF 8S @ CR Sei*;atn"Edie Road - P,l, No. AAO991 6; Augusta- Rich mond County Dear Mr. Sims, The Department will require a signed agreement for roundabout lighting installed as part of the above referenced project. The lighting shall be administered in the form of a Local Government Lighting Project Agreement (LGLPA). lt will be the responsibility of the City to provide the Energy, Operation and Maintenance for the system. The Depaftment shall be responsible for the design and installation, including all costs of materials for the system. Attached for your review are four (4) original copies of the proposed LGLPA between the Georgia Depaftment of Transportation and Augusta-Richmond County, for Augusta-Richmond and State participation. lt is requested that a Resolution be secured from the City Council before entering into the Agreement. By virtue of the Resolution, the City can then enter into the Agreement. The Resolution/Agreement process can be done concurrently. lf you concur with the terms of this Agreement, please attach an official copy of the Resolution (including all signatures and seals) to each of the Agreements. Then, please obtain the necessary signatures and appropriate seals from the City Council on all four copies of the Agreement and return all four copies to the Office of Design Policy & Support for further handling. Please do not fill in the date on the first page of the Agreement, as the Department will complete this upon execution We will return one copy of the executed Agreement for your files. H J,r' ?o\? ,^" E tr*\ U ,';--fi;**d K*,,*g Georgio Deportment ot Tronsportotion Russell R. McMurry, P.E., Commissioner One Georgia Center 600 West Peachtree Street, NW Atlanta, GA 30308 (404) 631 -1000 Main Office lf you have any questions or need any additional assistance, please contact Robert Graham at (404) 631-1684. fu^*W FoRBrent A. Story, P.E. State Design Policy Engineer Enclosure: Local Government Lighting Project Agreement (4 copies) Don Grantham, State Transportation Board, Congressional District 12 Meg Pirkle, Chief Engineer Corbett S. Reynolds, District 2 Engineer Hiral Patel, Director of Engineering GDQT cc: Commission Meeting Agenda 11/5/2019 2:00 PM SR 88 @CR58/Bath Adie Road Roundabout Project Roadway Lighting Agreement Department:Engineering Department:Engineering Caption:Motion to approve Roadway Lighting Agreement with the Georgia Department of Transportation in Conjunction with SR 88 @ CR58/Bath Edie Road Roundabout Project as requested by AED. (Approved by Engineering Services Committee October 29, 2019) Background:SR 88 is a two-lane roadway section with open drainage ditches and classified as an urban minor arterial with posted speed limit of 55 mph. CR57/Bath is a two-lane roadway and classified as urban local with posted speed limit of 45 mph, but is a minor street stop controlled at the intersection with SR 88 and Bath Edie Road. The purpose of this project is to reduce the potential for crashes at the intersection of SR 88 at Bath Edie Road. A roundabout feasibility study of the intersection was prepared in December 2016. The construction of the proposed roundabout will improve the operational efficiency and safety performance of this intersection. Project is managed and constructed by the GDOT. In addition to roadway intersection improvements, the project includes improvements to the roundabout lighting system. GDOT will construct a street lighting system provided that the local government enters into a Roadway Lighting Maintenance and Operation Agreement. Analysis:This agreement would allow inclusion of street lighting improvements in the project construction plans and allows GDOT constructing these improvements along with roadway improvements. In addition, street lighting improvements will enhance safety and aesthetic of this corridor. Financial Impact:None anticipated for construction. Annual Operating Costs will be an addition to roadway portion of streetlights. Number of Lights 6 Energy Cost per Light per month $12 Monthly energy cost $ 72 Annual Cost $864 Alternatives:1). Do not approve and project proceed without enhancing needed safety and aesthetic of this corridor. Recommendation:Approve Roadway Lighting Agreement with the Georgia Department of Transportation in Conjunction with SR 88 @ CR58/Bath Edie Road Roundabout Project as requested by AED. Funds are Available in the Following Accounts: Construction - None Operational - Fund 276 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Commission Meeting Agenda 11/5/2019 2:00 PM Street Light Request for Sims Landing Phase 2 Department:Engineering Department:Engineering Caption:Motion to approve the installation of 43 street lights in the Sims Landing Phase 2 development with an annual cost of $13,539.60. Also approve the creation of a new lighting tax district for the 150 lots within Phase 2. Funding is available in Street Lighting budget account #2760416105312310.(Approved by Engineering Services Committee October 29, 2019) Background:Georgia Power Company will install 43 street lights on the streets within Phase 2. The upfront cost to install the street light system will be $38,000. The yearly cost to operate and maintain the system will be $13,539.60 which will be paid for by the 150 lots associated with Sims Landing Phase 2 in a special taxing district to appear on the 2020 tax bill. The cost per lot will be added to the property tax bill at a rate of $85 annually to cover the cost of system operations and maintenance. Analysis:The cost proposal was received by Georgia Power on August 27, 2019 in the amount of: Contractor Bid Georgia Power $38,000.00 upfront $13,539.60 annually Financial Impact:Adequate funds are available and expenditures of this amount will leave sufficient amount for emergencies through the end of the fiscal year. Alternatives:1) Approve installation of street light system in Sims Landing Phase 2. 2) Do not approve. Recommendation:Approve Alternative Number One. Funds are Available in the FUNDS ARE AVAILABLE IN THE FOLLOWING: 276-04- 1610-5312310 Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 ENERGY SERVICES AGREEMENT BY AND BETWEEN AUGUSTA-RICHMOND COUNTY AND NORESCO, LLC PAGE 2 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 TABLE OF CONTENTS SECTION DESCRIPTION 1 Scope of Services 2 Ownership of ECMs 3 Financial Services 4 Compensation and Payment 5 Term 6 Publicity 7 Guarantee of Energy Savings 8 Right of Entry/Space 9 Changes in Work 10 Warranties 11 Customer Role and Responsibilities 12 Defaults by Customer and NORESCO 13 Remedies for Defaults 14 Arbitration 15 Termination 16 Insurance 17 Indemnification 18 Agreement Interpretation and Performance 19 Privileged and Proprietary Information 20 Severability 21 Assignments and Subcontracting 22 Waiver 23 Force Majeure 24 Contract Documents 25 Notices 26 Records PAGE 3 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 27 ESCO is not a Municipal Advisor 28 Representations and Warranties 29 Independent Contractor 30 Additional Representation and Warranties 31 Absence of Fraud or Collusion 32 Negligent/Wrongful Acts 33 Further Documents and Events 34 Non Appropriation 35 Third Party Beneficiaries 36 Notifications of Governmental Action-Occupational Safety and Health 37 References 38 ARRA Funds 39 Approval EXHIBIT A Audit Work Order EXHIBIT B Audit Agreement EXHIBIT C Construction Work Order ATTACHMENT A Property Description ATTACHMENT B Scope of Services ATTACHMENT C Equipment Lease Documents ATTACHMENT D (Intentionally Blank) ATTACHMENT E Delivery and Acceptance Certificates ATTACHMENT F Guaranty of Energy Cost Savings ATTACHMENT G Contract Cost and Annual Services ATTACHMENT H Change Order Form ATTACHMENT I Maintenance Services ATTACHMENT J NORESCO Installed Equipment ATTACHMENT K Standards of Service PAGE 4 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 ATTACHMENT L Form Of Customer’s Approval of Sample or Specifications PAGE 5 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 ENERGY SERVICES AGREEMENT BY AND BETWEEN CUSTOMER AND NORESCO, LLC THIS ENERGY SERVICES AGREEMENT (the "Agreement") is entered into this day of 201_, by and between Augusta-Richmond County, having its principal place of business located at 535 Telfair St, Augusta, GA 30901 (hereinafter referred to as "Customer") and NORESCO, LLC, a Delaware limited liability company, having its principal place of business at One Research Drive, Suite 400C, Westborough, MA 01581 (hereinafter referred to as "NORESCO"). The parties to this Agreement will be collectively referred to as the "Parties" and individually as a "Party." WHEREAS, CUSTOMER has selected NORESCO through a competitive solicitation of Energy Professional Services Companies; and WHEREAS, CUSTOMER wishes NORESCO to perform a project (“Project”) consisting of certain energy conservation services and installations (the "Scope of Services") at the CUSTOMER's buildings described in Attachment A of Exhibit C (the "Property"), and NORESCO wishes to perform such services; NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein, the Parties hereby agree as follows: SECTION 1 SCOPE OF SERVICES (a) The Work: In accordance with the terms of this Agreement, NORESCO may perform both audit work (“Audit Work”) and construction work (“Construction Work”). The Parties hereby acknowledge that Audit Work relates primarily to an analysis by NORESCO of specified Customer facilities for the purpose of determining and designing potential energy conservation measures (“ECMs”) and that Construction Work primarily relates to construction of the ECMs desired by Customer. Where Customer desires that Audit Work be performed, Customer shall issue an Audit Work Order to NORESCO. Where Customer desires that Construction Work be performed, Customer shall issue a Construction Work Order to NORESCO. (b) Audit Work: Where Customer issues an Audit Work Order to NORESCO, it shall be in substantially the same form as set forth in Exhibit A unless otherwise mutually agreed by the Parties. The terms applicable to an Audit Work Order shall be set forth in the Audit Work Order, which shall substantially incorporate the Terms for Audit Work Orders contained in Exhibit B. The terms contained in this Agreement shall not apply to the Audit Work Orders except as provided by Section 1(a)-(b) of this Agreement. The terms contained in Section 1(a)-(b) of this Agreement will take precedence over the terms contained in the Audit Work Order. (c) Construction Work: Upon delivery by the Customer to NORESCO of a Construction Work Order substantially in the form attached to this Agreement as Exhibit C, and a Notice to Proceed, NORESCO shall furnish all labor, materials and equipment and perform all work required for the completion of the Scope of PAGE 6 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 Services set forth in Attachment B, including the installation of the ECMs, for the facilities (“Facilities”) described in Attachment A, as such Scope of Services and Facilities may be modified in accordance with this Agreement. If NORESCO does not receive a Notice to Proceed from Customer within (90) days of the Construction Work Order execution, NORESCO may adjust the construction price accordingly. Customer and NORESCO shall mutually plan the scheduling of the construction work. NORESCO will list installed ECMs on Attachment J attached hereto and made a part hereof at the time that construction is complete. Attachment J may be modified as provided for herein. (d) Disposal: NORESCO, at its cost, shall be responsible for disposal of all non-hazardous equipment and materials which are rendered useless and removed as a result of the installation of the ECMs pursuant to this Agreement. In addition, NORESCO shall, at its cost, cause all lamps and PCB-contaminated ballasts, if any, which have been rendered useless and removed as a result of the installations of the ECMs to be transported and disposed of via recycling and incineration, respectively. All other existing PCB-contaminated ballasts, lamps and any other hazardous substances, however, remain the responsibility of Customer and NORESCO shall assume no liability in connection with their removal, handling, transportation, and/or disposal. In all instances, with the only exception being those hazardous materials that Contractor brings to the site, the Customer will be the “Generator” of record and sign any and all disposal documents (i.e. manifests, bills of lading, etc.) in order to document the abatement or removal of any such hazardous materials from Customer’s site or Premises. (e) Asbestos: Unless explicitly and specifically identified in Attachment B, NORESCO's Scope of Services is predicated on the viability of this Project without any asbestos abatement being required by NORESCO. In the event that (i) NORESCO encounters any friable asbestos which is in the immediate vicinity of NORESCO's work, or (ii) NORESCO determines that its work will result in the disturbance of asbestos material, or (iii) NORESCO determines that the presence of asbestos material will impede NORESCO's work, NORESCO will notify Customer of the same and Customer will, at its cost, cause the asbestos to be promptly and properly removed, enclosed, encapsulated or otherwise abated in accordance with applicable laws and regulations, or alternatively, Customer, at its cost, may provide written test reports showing that asbestos in that area has been properly removed, enclosed encapsulated or otherwise abated in accordance with applicable laws. In the event NORESCO cannot determine whether any particular material does or does not contain asbestos, Customer, upon NORESCO's written request, will, at its cost, promptly perform tests or cause tests to be performed in order to determine whether or not such material contains asbestos and/or whether there are unacceptable levels of airborne particulate material containing asbestos or provide such a test report. Under no circumstances, shall NORESCO be required to handle asbestos. (f) Maintenance: To the extent provided for in Attachment I - "Maintenance Services," NORESCO will service and maintain the equipment that is specifically identified therein, at a cost to the Customer which is provided for in Section 4 and Attachments G, for the Term of this Agreement. Except for ECMs (or other equipment) which are to be maintained by NORESCO, Customer shall be responsible for servicing and maintaining the ECMs (and such other equipment) at its own cost. (g) Measurement & Verification: To the extent provided for in Attachment F – “Determination of Energy Cost Savings” - NORESCO will also supply such ongoing Measurement & Verification services to the Customer which may be agreed upon between the Parties at an annual fee to be set forth in Section 4 and Attachment G. (h) Compliance With Law: NORESCO shall comply with and obtain, at its expense, all licenses and permits required by Federal, state and local laws in connection with the installation of the ECMs. To the extent that NORESCO agrees to perform operations and/or maintenance of specified ECMs or other equipment, it shall comply with and obtain, at its expense, all licenses and permits which may be required by Federal, state and local laws in connection with the operation and/or maintenance of such specified ECMs. In the event that NORESCO cannot procure any such license or permit in light of a requirement that Customer is required to do so, Customer will procure the same. Should a change in law occur subsequent to the date of execution of the Agreement that increases NORESCO’s Project costs, the parties shall, to the extent allowed by law, negotiate an equitable resolution. NORESCO shall pay the required prevailing wage rates for work in connection with this PAGE 7 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 Project to the extent required by Georgia law. (i) Taxes: Notwithstanding any other provision herein, Customer shall be responsible for all taxes arising from or in connection with Customer's participation in this Agreement and the benefits to Customer hereunder. Customer shall reimburse NORESCO for any taxes, permits or fees not in effect on the date of this Agreement, but for which NORESCO may become liable during the Term of this Agreement. If Customer is a tax-exempt entity, it shall cooperate reasonably with NORESCO to ensure purchases of materials or equipment required under this Agreement enjoy any reasonable favorable tax considerations available under applicable State or local law or regulation. (j) Non-Discrimination: NORESCO agrees not to knowingly or willfully discriminate against any employee, or applicant for employment, to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment, because of age, sex, race, disability, color, religion, national origin, Vietnam era military service or ancestry in accordance with applicable Federal, State or local laws. (k) Standards of Service and Comfort: Customer shall operate the ECMs in a manner that shall provide the standards of service and comfort provided for in Attachment K hereto (to be attached). (l) Specifications: Prior to beginning the work hereunder, NORESCO may provide (or Customer, at its option, may reasonably request to have NORESCO provide) written specification of, any ECMs to be installed. Customer shall furnish its written approval or disapproval of each such written specification within ten (10) working days following its receipt of written notice by NORESCO of completion of each such sample installation or the provision of such written specifications to Customer. Customer's approval of such specifications shall be in substantially the form of Attachment L of Exhibit C hereto. If Customer disapproves any such ECM, NORESCO shall have the right to provide a substitute ECM which conforms to the applicable specifications or is equivalent to any applicable sample provided and approved by Customer hereunder, for Customer's approval. In the event Customer approves the substitute ECMs (in writing), NORESCO shall revise the Attachments to reflect each such substitution, subject to Customer's written approval of each revised Attachment. In the event that Customer does not approve or disapprove of any ECM(s) within ten (10) working days following NORESCO 's written notice to Customer that the written specification is ready for inspection, Customer shall be deemed to have given its approval. If, however, Customer again does not approve of any such substituted ECMs or specifications, the Parties hereby agree to negotiate a mutually acceptable solution. Customer shall not unreasonably withhold any approval provided for herein. (m) Duties, Obligations and Responsibilities of NORESCO: (i) All labor furnished under this Agreement shall be competent to perform the tasks undertaken, that all materials and equipment provided shall be new and of appropriate quality, and that the completed work shall comply with the requirements of this Agreement. (ii) NORESCO shall maintain the Project site in a reasonably clean condition during the performance of the construction work. (iii) NORESCO shall thoroughly and regularly clean the Project site of all nonhazardous debris, trash and excess material or equipment. (iv) At all times relevant to this Agreement, NORESCO shall permit Customer or any of its representatives to enter upon the Project site to review or inspect the construction work without formality or other procedure. (v) NORESCO will provide equipment manuals and other appropriate information regarding equipment installed hereunder to Customer at or about the time of Substantial Completion. PAGE 8 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 SECTION 2 OWNERSHIP OF ECMS Ownership of and title to the ECMs referenced in Attachment E(1) to each Delivery and Acceptance Certificate (Attachment E) will automatically transfer to the Customer upon both: (a) the delivery of each such Delivery and Acceptance Certificate and Attachment E(1) by Customer to NORESCO, the execution and delivery of which shall not be unreasonably withheld or delayed, and (b) completion of all Customer’s payment obligations to NORESCO, excluding payment obligations related to maintenance or other annual services hereunder. Subject and subordinate to Lessors rights pursuant to the Lease, as defined below, NORESCO under this Agreement shall be entitled to all rights, benefits and remedies afforded a secured party under law with respect to the equipment installed pursuant to this Agreement, including but not limited to those under the Uniform Commercial Code, as adopted in the State of Georgia or any other applicable state ("Code"). NORESCO shall retain such security interest in the ECMs, pursuant to this Agreement, for equipment installed hereunder until Customer shall have accepted the same and title has transferred to Customer. If requested by NORESCO in connection therewith, Customer agrees to provide to NORESCO appropriate financing statements and other documents necessary in order for NORESCO and/or any bank, lender or financial institution to which NORESCO has assigned any interest in this Agreement, to perfect said subordinate security interest in the ECMs. SECTION 3 FINANCIAL SERVICES (a) Energy Performance Contract Municipal Lease and Option to Purchase Agreement (i) Customer hereby represents and warrants to NORESCO that Customer intends to enter into a lease (“Lease”) with a third party lessor. Customer’s obligation to make payments pursuant to the Lease will commence on the date that funds are deposited in the Escrow Fund (“Commencement Date”). (ii) Customer acknowledges and understands that the amount of the Lease payments will be subject to current market conditions at the time of final credit approval and that the effectiveness of the Lease will be subject to final credit approval. Customer further acknowledges that its responsibility for the payments described in this Agreement are in no way contingent on the effectiveness of the Lease. SECTION 4 COMPENSATION AND PAYMENT (a) During the period beginning on the date of execution of this Agreement and continuing through the Date of Substantial Completion with respect to each Phase, Customer will make monthly progress payments to NORESCO based upon the portion of the Project completed at the end of each month, as respectively provided for in Attachment G for which payment is being made. Customer shall (within five (5) days of receipt) execute and deliver to NORESCO completed forms E-1 (Attachment E-1) upon completion by NORESCO of each ECM. A Final Delivery and Acceptance Certificate (Attachment E-2) shall be executed by Customer upon final completion of the ECMs. Customer shall not unreasonably withhold or delay the execution of any Delivery and Acceptance Certificate, which shall be deemed approved by NORESCO if Customer has not taken action with respect to any Certificate within ten (10) days of its receipt thereof. For the purposes of this Agreement the term "Substantial Completion" shall mean that the subject ECM has been demonstrated by NORESCO to be operating in a manner consistent with its manufacturer's intended use. For the purposes of this Agreement, the terms “Final Completion” or “Final Acceptance” shall mean that NORESCO has fulfilled all of its construction obligations for all ECMs installed under this Agreement. This shall include the completion of all punchlist items and the submission of all required documentation. (b) During the month following each successive twelve (12) month period beginning with the first day of PAGE 9 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 the month following the date on which the Customer executes a Final Delivery and Acceptance Certificate (Attachment E-2), Customer shall pay the annual maintenance and measurement and verification (M&V) service fees (collectively, the “Performance Period Fee”) set forth in Attachment G. (c) Thirty (30) days after the date of an invoice on account of work done by NORESCO, Customer shall pay NORESCO 95% of the value of NORESCO’s work. The remaining 5% retained shall be held as additional security for the faithful performance by NORESCO of all the work required under this Agreement and shall be paid to NORESCO within thirty (30) days after Final Acceptance. (d) Amounts not paid to NORESCO on or before the due dates specified in Sections 4(a)-(c) above will accrue interest at the rate of the prime interest rate plus four (4) percent for the number of days following the due date until such time as such amount due has been paid in full. (e) The services provided for hereunder may overlap one another. In that regard, the payments to be made by Customer to NORESCO with respect to one or more services shall be in addition to one another. (f) Reserved. SECTION 5 COMMENCEMENT DATE AND TERM The Commencement Date shall be the first (1st) day of the month following the date of execution of the Delivery and Acceptance Certificate (Attachment E-2) upon Final Acceptance of this Project. Subject to the following sentence, and the Term of this Agreement shall begin on the Commencement Date and shall end exactly five (5) years from the Commencement Date, unless terminated prior to such date, as provided for in this Agreement. If not otherwise terminated as provided for herein, the Term of this Agreement shall terminate simultaneously with any termination of the Lease or termination of the Measurement and Verification Services. Nonetheless, the Contract shall be effective and binding upon the parties immediately upon its execution, and the period from contract execution until the Commencement Date shall be known as the "Interim Period". SECTION 6 PUBLICITY Customer hereby grants to NORESCO and its directors, officers, employees, and affiliates (its “Authorized Representatives”): a) authorization to use Customer’s name in NORESCO’s client list; b) authorization to disclose the nature of Customer’s relationship with NORESCO and certain summary “Project Information” (as defined below) in connection with the Project for use in NORESCO’s marketing efforts (the “Marketing Works”); c) an non-exclusive, nontransferable, royalty-free license to copy any Project progress photos taken by NORESCO, or photos or other copyrighted material supplied by the Customer regarding the Project (the “Licensed Material”) or any portion thereof, solely as needed to create Marketing Works, and d) authorization allowing NORESCO to publicly display the Licensed Material included in the Marketing Works. Summary “Project Information” may include the location of the Project, services provided by NORESCO in connection with the Project, Project price and any recognition or certification (e.g., LEED® certification) associated with the Project. Authorized marketing materials which include summary Project Information and/or Customer’s name shall include internal newsletters or publications, press releases, case studies, photos, promotional brochures and other publications (e.g. annual reports) created by or on behalf of NORESCO (the “Marketing Works”). Customer warrants that it owns the copyrights in the Licensed Material and waives any fees or royalties for use of the Licensed Material in the Marketing Works. For the avoidance of doubt, none of NORESCO, its Authorized Representatives, successors or assigns has authorization from the Customer to publicize the Customer name, summary Project Information or Licensed Material for any PAGE 10 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 other purpose. SECTION 7 GUARANTEE OF ENERGY SAVINGS NORESCO will guarantee to the Customer the amount of energy savings determined in accordance with Attachment F, “Guaranty of Energy Cost Savings”. SECTION 8 RIGHT OF ENTRY/SPACE During the Term of this Agreement, Customer shall provide NORESCO, and its employees, agents and subcontractors, including any utility which provides or may provide any payment under this Agreement, access to the Property for the purpose of fulfilling NORESCO's obligations under this Agreement. Customer shall provide mutually satisfactory space for the installation and operation of the ECMs and shall protect such equipment in the same careful manner that Customer protects its property. Additionally, Customer shall provide NORESCO remote electronic access to the Energy Management System (if required) during the Term of this Agreement. NORESCO shall obey and abide by any and all reasonable rules of Customer relative to the Property as they would directly relate to NORESCO's performance of its obligations under this Agreement. SECTION 9 CHANGES IN WORK The quantity, quality, dimensions, type or other characteristics of the ECMs may be changed only by written consent of the Customer and NORESCO (and, where required by the Lease, the Lessor), via the execution of a Change Order Form (Attachment H). In addition, the Scope of Services may be reduced or expanded to include other significant energy efficiency measures and facilities not included within the ECMs listed on Attachment B (and, following Substantial Completion, listed on Attachment J) by the execution of such a Change Order Form. SECTION 10 WARRANTIES NORESCO warrants that the design, engineering, and installation services it performs will be performed consistent with good engineering practices and that such work is warranted to be free from defects in materials and workmanship for a period of one (1) year from the date of execution of the Delivery and Acceptance Certificate by the Customer with respect to Substantial Completion. Any manufacturers' warranties which exceed this one (1) year period shall be assigned to Customer to the extent allowed by the manufacturer. Except as provided above, NORESCO MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER STATUTORY, WRITTEN, ORAL OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES AS TO THE VALUE, DESIGN, AND CONDITION OR FITNESS FOR USE OR PARTICULAR PURPOSE AND MERCHANTABILITY, REGARDING THE ECMs OR ANY SERVICES PROVIDED HEREUNDER. SECTION 11 CUSTOMER ROLE AND RESPONSIBILITIES (a) Operations: The Customer shall operate the equipment installed hereunder in accordance with the manufacturers’ recommendations and the procedures supplied to the Customer by NORESCO. (b) Maintenance: The Customer shall, at its expense, maintain the Property in good working order during the Term of this Agreement. Except as may otherwise be provided for in Attachment I, the Customer will maintain, at Customer’s expense: (i) the equipment and all other components which comprise the ECMs (following the date of Substantial Completion), and (ii) all other equipment which is attached thereto and/or is integral to the proper functioning of the ECMs. (c) Malfunctions: The Customer will notify NORESCO immediately in the event of any malfunction in the operation of the ECMs or the equipment installed hereunder. PAGE 11 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 (d) Protection of ECMs: Except in the case of emergency, the Customer will not remove, move, alter, turn off or otherwise significantly affect the operation of the equipment installed hereunder or the operation of the ECMs, or any individual part thereof, without the prior approval of NORESCO, which approval shall not be unreasonably withheld. After receiving NORESCO's approval, Customer shall proceed as instructed. Customer shall act reasonably to protect the ECMs from damage or injury, if, due to an emergency, it is not reasonable to notify NORESCO before acting. Customer agrees to protect and preserve the facility envelope and the operating condition of all ECMs, mechanical systems, and other energy consuming systems located on the Property. (e) Measurement & Verification System: Customer shall not alter, move, modify or otherwise change the measurement and verification system or any component thereof without the written consent of NORESCO unless such action is in accordance with operating procedures provided by NORESCO. (f) Adjustment to Baseline: If, in the reasonable opinion of NORESCO, the Customer does not reasonably protect the ECMs and/or maintain the Property in good repair and good working condition, then NORESCO will equitably adjust the baseline, as referenced in Attachment F, for any increased energy usages at the Property. (g) Changes to Property: The Customer will notify NORESCO in writing at least thirty (30) days prior to making any change to the Property that would significantly affect the energy usage at the Property, including but not limited to changes in the hours or days that the Property is occupied or operated, the number of occupants (including, but not limited to, staff, faculty and students), the activity conducted, the equipment, or the size of the Property. In the event NORESCO receives such notification or otherwise determines that such a change has occurred, it will make the appropriate revisions to the Attachments or take such other action as may be provided for hereunder. (h) Energy Usage Data: The Customer will make available to NORESCO, on a monthly basis for the Term of this Agreement, copies of all energy bills, energy usage data, and any and all other such documentation maintained by the Customer, as requested by NORESCO, which is necessary for NORESCO to determine and satisfy all of its obligations under this Agreement. (i) Insurance and Risk of Loss or Damage: Without limiting any of its obligations or liabilities under this Agreement, the Customer will, at its expense, provide and maintain at all times during the Term of this Agreement, sufficient insurance against the loss or theft of or damage to the ECMs related equipment and all components installed hereunder, for the full replacement value thereof. Customer assumes all risk of loss of or damage to the ECMs from any cause whatsoever except to the extent that such loss or damage was caused by the negligence of NORESCO. In the event of damage to any item of the equipment installed hereunder or ECMs, Customer will promptly notify NORESCO and immediately place the same in good repair with the proceeds of any insurance received applied to the cost of such repair. If Customer determines that any item of the ECMs is lost, stolen, confiscated, destroyed or damaged beyond repair, Customer will replace the same with like equipment in good repair in a timely fashion. If, following Customer's execution of the Delivery and Acceptance Certificate to be provided upon Substantial Completion and subsequent to Customer's complete payment to NORESCO in accordance with Section 4(a), as that amount may then have been modified in accordance with this Agreement, any fire, flood, other casualty, or condemnation renders a majority of the Property incapable of being occupied and renders the ECMs or the equipment installed hereunder inoperable and, in the case of a casualty, the affected portion of such ECMs or equipment is not reconstructed or restored within one hundred and twenty (120) days from the date of such casualty, NORESCO and/or Customer may terminate this Agreement by delivery of a written notice to the other Party. Upon such termination, Customer shall pay NORESCO any amounts, or pro-rata portions thereof, accrued under Section 4(b)-(e), Attachment G and the applicable Termination Value, if any, set forth elsewhere in this Agreement or in Section 4. NORESCO shall not be responsible for any savings deficiencies resulting from ECMs being rendered useless for the period of time prior to reconstruction of the ECM. The savings guaranty will be adjusted to account for the unavailability of the ECM. PAGE 12 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 (j) Telephone/Broadband: Customer is responsible for installing and maintaining either telephone lines or providing broadband access to the energy management system via Customer’s Local Area Network (LAN). Customer is responsible for all associated costs for the energy management system’s telephone lines or broadband access. (k) Protection. Customer shall at all times act reasonably to protect the ECMs from damage, theft or injury to the same extent and in the same manner in which it protects its other property. (l) Alteration: Customer agrees not to move, alter or change the ECMs in any way that causes a reduction in the level of efficiency or savings generated by any ECM or the equipment installed hereunder without obtaining NORESCO’s prior written approval which shall not be unreasonably withheld. (m) Storage: Customer will provide reasonable rent free space for NORESCO, or any of its subcontractors, to mobilize and store its supplies, tools and equipment during installation of the ECMs or other activities by NORESCO within the Property pursuant to this Agreement for which such storage may be required. Said storage space shall be provided with locking capacity acceptable to NORESCO. Only NORESCO, or any of NORESCO’s subcontractors, and the Customer’s assigned personnel shall have access to the storage. Customer assumes no responsibility nor will Customer provide any additional security for the storage provided. (n) Fuel: Customer shall procure and pay for all energy, fuel, and water for the operation of the Property. SECTION 12 DEFAULTS BY CUSTOMER AND NORESCO (a) Customer shall be in default under this Agreement upon the occurrence of any of the following: (i) Customer fails to pay when due any amount to be paid under this Agreement and such failure continues for a period of five (5) working days after notice of overdue payment is delivered by NORESCO to the Customer; (ii) Customer fails to perform or meet any of its required duties or obligations under this Agreement and fails to cure such failure and the effects of such failure within thirty (30) days of receipt of written notice of default, unless such failures and effects cannot be completely cured within thirty (30) days after said written notice, in which case a default shall exist only if Customer does not commence and diligently pursue to cure such failure and effects as soon as possible; (iii) Customer goes into receivership, or makes an assignment for the benefit of creditors whether voluntary or involuntary, or a petition is filed by or against the Customer under any bankruptcy, insolvency or similar law and such petition is not dismissed within sixty (60) days. (b) NORESCO shall be in default under this Agreement upon the occurrence of the following: (i) NORESCO fails to perform or meet any of its required duties or obligations under this Agreement and fails to cure such failure or effects of such failure within thirty (30) days of receipt of written notice of default, unless such failure or effects cannot be completely cured within thirty (30) days after said written notice, in which case a default shall exist only if NORESCO does not commence and diligently pursue to cure such failure as soon as possible. SECTION 13 REMEDIES FOR DEFAULTS (a) In the event Customer defaults under this Agreement, NORESCO: PAGE 13 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 (i) may bring actions for any remedies available at law or in equity or other appropriate proceedings for the recovery of direct damages, (including amounts past due), and/or bring an action in equity for specific performance; and (ii) without recourse to legal process, may terminate this Agreement by delivery of written notice of termination. (b) In the event NORESCO defaults under this Agreement, Customer may terminate this Agreement and bring an action in law for direct damages. SECTION 14 ARBITRATION In the event of any dispute whatsoever between the Parties, they shall exhaust every reasonable effort to settle or dispose of the same, including a discussion of the matter between senior executives of each Party. Any controversy or claim arising out of or relative to this Agreement or the breach thereof, not adjusted or disposed of by mutual agreement between the Parties, shall be first settled by mediation and then (in the absence of settlement after mediation), by arbitration under the rules then obtaining of the American Arbitration Association Commercial Arbitration Rules, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof, and arbitration decision shall be final and binding on the Parties and on all Parties subject to the following. Said arbitration proceedings shall be filed in the nearest Regional office of the American Arbitration Association. All arbitrators shall be bound by the terms of this Agreement. The expenses of any arbitration shall be borne equally by the Parties to the arbitration, provided that each Party shall pay for and bear the cost of its own experts, evidence, and counsel. SECTION 15 TERMINATION At any time after the Customer has executed the Delivery and Acceptance Certificate to be provided upon Substantial Completion, Customer may terminate this Agreement upon thirty (30) days written notice to NORESCO, provided that Customer has paid to NORESCO all amounts due as set forth in Section 4 and on Attachment G (other than amounts due for future performance by NORESCO). Termination of the Agreement simultaneously terminates all remaining obligations of NORESCO under the Agreement, including any Guarantee of Energy Cost Savings. SECTION 16 INSURANCE Without limiting any of its obligations or liabilities under this Agreement, NORESCO shall provide and maintain at its expense the following minimum insurance coverage’s where reasonable market availability for such insurance exists: (a) Insurance requirements are in accordance with Section 10 of Exhibit B. (b) Payment and Performance Bond. NORESCO shall within thirty (30) days of execution of this Agreement, deliver to the Customer Performance and Payment Bonds in a sum equal to the contract price with sureties satisfactory to the Customer, conditioned upon the faithful performance by NORESCO, for the implementation of the ECMs as it may be from time to time modified by Change Orders, such bonds to be in such form and otherwise to contain such provisions as are reasonably satisfactory to the Customer. NORESCO shall deliver to Customer the Payment and Performance Bond prior to commencement of construction of any work in respect of this Agreement. The Payment and Performance Bonds required hereunder shall expire upon final acceptance of all ECMs required under this Agreement (including any applicable one year warranty period), and shall not secure any energy savings, measurement and verification obligations or maintenance/service obligations, which may be guaranteed by NORESCO under this Agreement. (c) Customer will provide and maintain insurance as described in Section 11 (i), naming NORESCO as PAGE 14 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 additional named insured and waiving subrogation. NORESCO shall be primary on such insurance. SECTION 17 INDEMNIFICATION AND LIMIT OF LIABILITY (a) Notwithstanding any other provision of this Agreement, NORESCO's, its officers, employees, agents, affiliates, or subcontractors’ aggregate liability in contract, tort, or otherwise, without limitation, under this Agreement, shall in all cases be limited to the sum of the payments received by NORESCO pursuant to this Agreement. (b) Each Party (hereinafter referred to as the “Indemnifying Party”) agrees to indemnify and hold harmless the other Party from and against any and all claims for damages sustained by third parties arising by reason of bodily injury or damage to third party property caused by the Indemnifying Party’s willful misconduct or negligent physical acts (or the willful misconduct or negligent physical acts of any entity under the control, responsibility or direction of the Indemnifying Party). In no event, however, shall the Indemnifying Party be obligated to indemnify the other Party to the extent that any injury or damage is caused by the negligence of the other Party or any entity for which the other Party is legally responsible. (c) NORESCO shall be solely responsible for and shall indemnify and hold harmless the Customer, its officers, employees, and agents (the “Indemnified Parties”) from and against any and all liabilities, losses, costs, expenses (including, without limitation, reasonable attorneys’ fees and disbursements) and damages (“Losses”), arising out of or in connection with any negligent acts or omissions of NORESCO or a NORESCO Agent, regardless of whether taken pursuant to or authorized by this Agreement and regardless of whether due to negligence, fault, or default, including Losses in connection with any threatened investigation, litigation or other proceeding or preparing a defense to or prosecuting the same; provided, however, that NORESCO shall not be responsible for that portion, if any, of a Loss that is caused by the negligence or wrongful act of the Customer. (d) NORESCO shall, upon the Customer’s demand and at the Customer’s direction, promptly and diligently defend, at NORESCO’s own risk and expense, any and all suits, actions, or proceedings which may be brought or instituted against one or more Indemnified Parties for which NORESCO is responsible under this Section and NORESCO shall pay and satisfy any judgment, decree, loss or settlement in connection therewith. (e) NORESCO shall, and shall cause NORESCO Agents to, cooperate with the Customer in connection with the investigation, defense or prosecution of any action, suit or proceeding in connection with this Agreement including the acts or omissions of NORESCO and/or a NORESCO Agent in connection with this Agreement. (f) The provisions of this Section shall survive the termination of this Agreement. (g) Anything herein notwithstanding, in no event shall either Customer or NORESCO be liable to the other party for special, indirect, incidental or consequential damages, including commercial loss, loss of use, or lost profits, even if either party has been advised of the possibility of such damages. SECTION 18 AGREEMENT INTERPRETATION AND PERFORMANCE The interpretation and performance of this Agreement, and the interpretation and enforcement of the rights of the Parties hereunder, shall be in accordance with and controlled by the laws of the state of Georgia. In the event of any ambiguity or conflict in meaning, the terms of this Agreement shall not be construed against the drafting Party based upon that Party’s having drafted this Agreement. All lawsuits commenced under this Agreement shall be brought in that State or Federal Court having jurisdiction over matters arising in the county in which this contract shall be performed. SECTION 19 PRIVILEGED AND PROPRIETARY INFORMATION NORESCO's systems, means, cost, and methodologies of evaluating, implementing, accomplishing and PAGE 15 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 determining energy savings and the terms of the Agreement for this Project shall be considered privileged and proprietary information. Customer shall use the same level of effort to protect and safeguard such information as it employs to safeguard its own confidential information. Customer shall not disclose such proprietary information without the express written consent of an officer of NORESCO unless required to do so by statute or regulation. When any request for disclosure of such information is made under any applicable freedom of information law ("FOIL"), Customer will provide prompt verbal and written notice to NORESCO such that NORESCO will have the opportunity to timely object under FOIL should it desire to object to such disclosure of that information in whole or in part. In the event that Customer is required to make a filing with any agency or other governmental body, which includes such information, Customer shall notify NORESCO and cooperate with NORESCO in order to seek confidential treatment of such information included within any such filing or, if all such information cannot be protected from disclosure, to request that Customer be permitted to redact portions of such information, as NORESCO may designate, from that portion of said filing which is to be made available to the public. SECTION 20 SEVERABILITY In the event that any clause or provision of this Agreement or any part thereof shall be declared invalid by any court having jurisdiction, such invalidity shall not affect the validity or enforceability of the remaining portions of this Agreement. SECTION 21 ASSIGNMENTS AND SUBCONTRACTING (a) NORESCO may elect to use subcontractors in meeting its obligations hereunder. Customer shall approve all significant subcontractors and outside professionals in advance, which approval shall not be unreasonably withheld or delayed. (b) Customer shall not assign, transfer, or otherwise dispose of this Agreement, the ECMs, or any interest therein, or sublet or lend the ECMs or permit the ECMs to be used by anyone other than the Customer and Customer's employees without the prior express written consent of NORESCO (or, if applicable, the Lessor) such consent not to be unreasonably withheld. If Customer transfers ownership or its interest in the Property, the Customer will terminate this Agreement as provided for in Section 14. (c) NORESCO shall not assign this Agreement in whole or in part to any other party without first obtaining the consent of Customer, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, NORESCO may assign, without obtaining the consent of Customer, its rights and obligations under this Agreement in whole or in part to any affiliated or associated company of NORESCO and its rights for payments under this Agreement to any financial institution, lender or investor in connection with a leasing or financing arrangement for the ECMs. NORESCO will notify Customer thirty (30) days prior to any such assignment. SECTION 22 WAIVER The failure of either Party to require compliance with any provision of this Agreement shall not affect that Party’s right to later enforce the same. It is agreed that the waiver by either Party of performance of any other terms of this Agreement or of any breach thereof will not be held or deemed to be a waiver by that Party of any subsequent failure to perform the same or any other term or condition of this Agreement or any breach thereof. SECTION 23 FORCE MAJEURE (a) If either Party shall be unable to carry out any part of its obligations under this Agreement (except Customer’s obligation to make payments when due) due to causes beyond its control ("Force Majeure"), including but not limited to an act of God, strikes, lockouts or other industrial disturbances, acts of public enemies, orders or restraints of any kind of the government of the United States or any state or any of their departments, agencies, or officials, or any other civil governmental, transportation delays, military or judicial authority, war, blockage, insurrection, riot, sudden action of the elements, fire, explosion, flood, earthquake, storms, drought, landslide, or explosion or nuclear emergency, this Agreement shall remain in effect but the PAGE 16 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 affected Party's obligations shall be suspended for a period equal to the disabling circumstances, provided that: (i) the non-performing Party gives the other Party prompt written notice describing the particulars of the Force Majeure, including but not limited to the nature of the occurrence and its expected duration, and continues to furnish timely regular reports with respect thereto during the period of Force Majeure; (ii) the suspension of performance is of no greater scope and of no longer duration than is required by the Force Majeure; (iii) no obligations of either Party that arose before the Force Majeure causing the suspension of performance are excused as a result of the Force Majeure; (iv) the non-performing Party uses reasonable efforts to remedy its inability to perform; and (v) the Term of this Agreement, at NORESCO's option, shall be extended for a period equal to the number of days that the Force Majeure prevented the non- performing Party from performing. (b) Any decision by the Customer to close or change the use of the facilities or ECMs at the Property shall not constitute a Force Majeure excusing Customer's performance under this Agreement. SECTION 24 CONTRACT DOCUMENTS (a) Upon execution of this Agreement by both Parties, this Agreement and its Attachments will constitute the entire Agreement between the Parties relating to the subject matter hereof, and supersedes all proposals, previous agreements, discussions, correspondences, and all other communications, whether oral or written, between the Parties relating to the subject matter of this Agreement. (b) Headings are for the convenience of reference only and are not to be construed as a part of the Agreement. (c) This Agreement may not be modified or amended except in writing signed by the Parties. (d) This Agreement may be executed simultaneously in two (2) or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. SECTION 25 NOTICES All notices and other communication under this Agreement (other than regularly scheduled payments) shall be deemed properly given upon receipt if delivered in person or sent by electronic facsimile with regular mail follow- up or sent by overnight delivery service or sent by registered mail, return receipt requested and postage prepaid, addressed as follows: To: Customer ____________________ ____________________ Attention: _________________ Business Executive To NORESCO: One Research Drive PAGE 17 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 Suite 400C Westborough, MA 01581 Attention: David G. Mannherz Executive Vice President Either Party may change such address from time to time by written notice to the other Party. SECTION 26 RECORDS To assist NORESCO in its performance of this Agreement, Customer shall (to the extent it has not already done so) furnish (or cause its energy suppliers to furnish) to NORESCO, upon its request, accurate and complete data (kept by Customer or Customer's energy suppliers in the regular course of their respective businesses) concerning energy usage for the existing facilities at the Property, including the following data for the most current thirty-six (36) month period: utility records, occupancy information; descriptions of any changes in building structure or heating, cooling or other systems or energy requirements; descriptions of all energy consuming or saving equipment used on Property; descriptions of all energy management procedures presently utilized. SECTION 27 ESCO NOT A MUNICIPAL ADVISOR The Customer acknowledges and agrees that NORESCO has not acted as a municipal financial advisor to the Customer and that the Customer has not relied on NORESCO for any matters relating to the financing of the Project, including issuance of any bonds. SECTION 28 REPRESENTATIONS AND WARRANTIES Each Party warrants and represents to the other that: (a) It has all requisite power, authority, licenses, permits, and franchises, corporate or otherwise, to execute and deliver this Agreement and perform its obligations hereunder; (b) Its execution, delivery, and performance of this Agreement have been duly authorized by, or are in accordance with, as to NORESCO, its organic instruments and, as to Customer, by all requisite municipal, board, or other action and are not in breach of any applicable law, code or regulation; this Agreement has been duly executed and delivered by the signatories so authorized, and constitutes each Party's legal, valid and binding obligation; (c) Its execution, delivery, and performance of this Agreement shall not result in a breach or violation of, or constitute a default under, any agreement, lease or instrument to which it is a party or by which it or its properties may be bound or affected; and (d) It has not received any notice, nor to the best of its knowledge is there pending or threatened any notice of any violation of any applicable laws, ordinances, regulations, rules, decrees, awards, permits or orders which would materially adversely affect its ability to perform hereunder. (e) The persons executing this Agreement are fully authorized by law to do so. (f) In addition, Customer warrants and represents to NORESCO that Customer has obtained or shall obtain all necessary governmental, legal, administrative and any other approval necessary for it to enter into this Agreement. (g) To assist in NORESCO's tax compliance, upon job completion Customer agrees, if applicable, to execute the required Written Allocation including the Declaration related to Section 179D of the Internal Revenue Code. NORESCO will be responsible for preparing the Declaration, all accompanying documentation PAGE 18 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 and the contents therein. NORESCO will be designated the sole Section 179D beneficiary. (h) The Customer acknowledges and agrees that NORESCO has not acted as a municipal financial advisor to the Customer and that the Customer has not relied on NORESCO for any matters relating to the financing of the Construction Work, including issuance of the Bonds. SECTION 29 INDEPENDENT CONTRACTOR Nothing in this Agreement shall be construed as reserving to Customer any right to exercise any control over or to direct in any respect the conduct or management of business or operations of NORESCO on the Property. The entire control or direction of such business and operations shall be in and shall remain in NORESCO, subject only to NORESCO's performance of its obligations under this Agreement. Neither NORESCO nor any person performing any duties or engaged in any work on the Property on behalf of NORESCO shall be deemed an employee or agent of Customer. Nothing in this Section shall be deemed to be a waiver of the Customer of the right to use its property. The Customer and NORESCO are independent of one another and shall have no other relationship relating to or arising out of this Agreement. Neither Party shall have or hold itself out as having the right or authority to bind or create liability for the other by its intentional or negligent act or omission, or to make any contract or otherwise assume any obligation or responsibility in the name of or on behalf of the other Party. SECTION 30 ADDITIONAL REPRESENTATIONS AND WARRANTIES OF CUSTOMER Customer hereby warrants and represents to NORESCO that: (a) Customer presently intends to continue to use the Property in a manner reasonably similar to its present use; (b) Customer does not presently contemplate any changes to the electrical and thermal consumption characteristics of the Property as these existed during the base period except as may have been disclosed to NORESCO by Customer in writing prior to the execution of this Agreement; (c) Customer has provided NORESCO with all records heretofore requested by NORESCO and, in that regard, NORESCO acknowledges that it has received base period data from Customer which appears to be complete as of the date of this Agreement, and that the information set forth therein is, and all information in other records to be subsequently provided pursuant to this Agreement shall be, true and accurate in all material respects except as may be disclosed by Customer in writing; (d) Customer has not entered into any contracts or agreements for the Property with persons or entities other than NORESCO regarding the provision of the energy services referenced herein. SECTION 31 ABSENCE OF FRAUD OR COLLUSION NORESCO hereby certifies, by its execution of this Agreement, that no official or employee of Customer has any pecuniary interest in this Agreement or in the expected profits to arise here from, and that this Agreement is made in good faith without fraud or collusion with any other person involved in the bidding process. SECTION 32 NEGLIGENT/WRONGFUL ACTS It is understood and agreed that neither Party to this Agreement shall be liable for any negligent or wrongful acts, either of commission or omission, chargeable to the other, unless such liability is imposed by law, and that this Agreement shall not be construed as seeking to either enlarge or diminish any obligation or duty owed by one Party against the other or against third parties. PAGE 19 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 SECTION 33 FURTHER DOCUMENTS AND EVENTS The Parties shall execute and deliver all documents and perform all further acts that may be reasonably necessary to effectuate the provisions of this Agreement, in that regard, it being understood and agreed that NORESCO covenants and agrees to execute or procure the execution of all documents reasonably required to release any lien held by NORESCO or its assignees upon the termination of this Agreement and payment of all amounts required to be paid by Customer to NORESCO, pursuant to this Agreement, including but not limited to the Termination Value, if any. It being further agreed and understood that Customer agrees to execute all documents which may be reasonably required by an entity which provides funds for any financing contemplated herein and to cooperate with NORESCO in obtaining such funds. It is further understood that Customer agrees to execute all documents which may be reasonably required to obtain all licenses, permits and governmental approvals required by NORESCO for installation and operation of the ECMs. NORESCO's obligations hereunder are also subject to obtaining any such licenses, permits and governmental approvals. SECTION 34 NON-APPROPRIATION Reserved. SECTION 35 THIRD PARTY BENEFICIARIES Except as may be specifically provided for in this Agreement, the Parties hereto do not intend to create any rights for, or grant any remedies to, any third party beneficiary of this Agreement. SECTION 36 NOTIFICATIONS OF GOVERNMENTAL ACTION - OCCUPATIONAL SAFETY AND HEALTH The Parties agree to notify each other as promptly as is reasonably possible upon becoming aware of an inspection under, or any alleged violation of, the Occupational Safety and Health Act or any other provision of Federal, State or Local law, relating in any way to the undertakings of either Party under this Agreement. SECTION 37 REFERENCES Unless otherwise stated all references to a particular Attachment or to Attachments herein are to the referenced Attachment or Attachments which are attached to this Agreement and all such referenced Attachments are incorporated by reference within this Agreement. All references herein to a Section shall refer to a Section of this Agreement unless this Agreement specifically provides otherwise. SECTION 38 AMERICAN RECOVERY AND REINVESTMENT ACT FUNDS NORESCO’s scope of work does not contemplate the use of American Recovery and Reinvestment Act (“ARRA”) funds on the Project. Should the Customer subsequently desire to apply ARRA funds to the Project, the Parties shall mutually agree on the specific scope of work to which the ARRA funds shall apply, and shall work together to comply with the Buy American Act, including applying for waivers as necessary, to the extent such compliance is required upon receipt of ARRA funds. The Parties shall coordinate any reporting obligations required under the ARRA, and shall make available all documents required for such reporting. NORESCO reserves the right to adjust the contract price to account for NORESCO and NORESCO subcontractor and vendor cost increases resulting from the application of ARRA funds to the Project and the related administration necessary to support the reporting obligations and Buy American Act requirements. The Parties shall amend the Agreement to reflect all changes resulting from the application of ARRA funds to the Project. Where possible, any ARRA-funded work shall be considered a separate and distinct project for purposes of ARRA PAGE 20 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 compliance. NORESCO shall be considered a vendor for reporting purposes. SECTION 39 APPROVAL This Agreement shall not be executory until all necessary State or local approvals are obtained. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] PAGE 21 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 IN WITNESS WHEREOF, the duly authorized officers or representatives of the Parties have set their hand on the date first written above with the intent to be legally bound. CUSTOMER NORESCO, LLC Authorized Signature David G. Mannherz Executive Vice President Title Witness Witness PAGE 22 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 EXHIBIT A AUDIT WORK ORDER NO. 1. This Audit Work Order No. (“Audit Work Order”), executed between NORESCO and Customer and dated , is issued pursuant to Section 1(a)-(b) of the Energy Services Agreement (“ESA”) dated , between NORESCO and Customer. 2. The terms applicable to this Audit Work Order are set forth in the Terms for Audit Work Orders, attached hereto and incorporated herein. 3. Customer hereby requests that NORESCO complete the Audit Work described in this Audit Work Order and NORESCO agrees to complete the Audit Work described in this Audit Work Order. By signing below, the Parties agree to the terms of this Audit Work Order. NORESCO, LLC Signature: Printed Name: Title: Date: Augusta-Richmond County Signature: Printed Name: Title: Date: PAGE 23 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 EXHIBIT B TERMS FOR AUDIT WORK 1. SERVICES NORESCO shall provide a Detailed Energy Audit (“DEA”) for the specified Customer facilities (“Facilities”) listed in Section 21. The DEA shall include the scope of work described in Section 21. 2. TERM NORESCO shall commence providing services under this Audit Work Order on ____________________, shall diligently perform as required and complete performance within days. 3. COMPENSATION In the event that, for any reason, Customer decides not to issue a Construction Work Order for the ECMs that incorporates the cost of the DEA, Customer agrees to pay NORESCO for services satisfactorily rendered pursuant to this Audit Work Order in the amount of $ . If such an event occurs, Customer shall pay NORESCO for services rendered within thirty (30) calendar days of receipt of approved invoice and acceptance of services. 4. INDEPENDENT CONTRACTOR NORESCO, in the performance of this Audit Work Order, shall be and act as an independent contractor. NORESCO understands and agrees that he/she and all of his/her employees shall not be considered officers, employees or agents of the Customer, and are not entitled to benefits of any kind or nature normally provided employees of the Customer and/or to which Customer’s employees are normally entitled, including, but not limited to, State Unemployment Compensation or Worker’s Compensation. NORESCO shall assume full responsibility for payment of all federal, state and local taxes or contributions, including unemployment insurance, social security and income taxes with respect to NORESCO’s employees. 5. MATERIALS NORESCO shall furnish, at his/her own expense, all labor, materials, transportation, equipment, supplies, subcontractors, and other items necessary to complete the services to be provided pursuant to this Audit Work Order. 6. ORIGINALITY OF SERVICES NORESCO agrees that all technology, formulae, procedures, processes, methods, writings, ideas, dialogue, compositions, recordings, teleplays, and video productions prepared for, written for, submitted to the Customer and/or used in connection with this Audit Work Order, shall be wholly original to NORESCO and shall not be copied in whole or in part from any other source, except that submitted to NORESCO by Customer as a basis for such services. 7. OWNERSHIP AND REUSE OF DOCUMENTS (a) The original of all documents, including but not limited to; drawings, calculations, test results, recommendations, technical specifications, renderings, exhibits, models, prints, photographs, or other materials prepared by the NORESCO shall be and remain the property of the Customer. PAGE 24 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 (b) Reuse of the design and/or corresponding contract documents or portions thereof by the Customer shall be limited to the Customer and for the benefit of the Customer. When reuse is contemplated, all title blocks and references to NORESCO shall be removed from drawings unless written consent for reuse is given by NORESCO. The Customer shall defend, indemnify and hold NORESCO, its officers, employees and agents harmless from and against any and all liability, loss, expense, attorneys’ fees, or claims or injury or damages arising out of the reuse of the design and / or corresponding contract documents or portion thereof without the written consent of NORESCO. (c) If within two (2) years of the Customer’s termination of this Audit Work Order, after receipt of a positive cash-flow DEA but without entering into a Construction Work Order with NORESCO, the Customer proceeds with installation of ECMs of a type or design similar to those proposed by NORESCO’s DEA, (other than normal daily operational improvement) with another energy services provider or company or Customer self-performs, then the Customer shall pay NORESCO the amount of $_______as a development fee (“Development Fee”) to compensate NORESCO for use of NORESCO’s concepts, systems and trade secrets, and for NORESCO’s development and lost opportunity costs for this Project. This fee is in addition to the amounts identified in Section 3 above. 8. TERMINATION (a) Customer may, at any time, for any reason, terminate this Audit Work Order after first providing ten (10) calendar days’ written notice. In the event of such termination, Customer shall pay NORESCO within thirty (30) calendar days of such termination for the full reasonable value of its services including direct and indirect costs, expenses, overhead and profit not to exceed the rates indicated in paragraph 3. (c) Upon receipt of notification, NORESCO shall stop all work. Segments of partially completed work may be completed during the 30-day period only at the written direction of the Customer and NORESCO shall be compensated fairly for this work. The total compensation paid shall not exceed the amount due according to Paragraph 3. (d) NORESCO may, at any time, for any reason, terminate this Audit Work Order after first providing thirty (30) calendar days’ notice. In this event, Customer is not obligated to compensate NORESCO for services. NORESCO may terminate this Audit Work Order in the event of breach by Customer of any material provisions including, but not limited to, payment. Written notice by NORESCO shall contain the reasons for such intention to terminate and unless within thirty (30) calendar days after service of such notice the condition or violation shall cease, or satisfactory arrangements for the correction thereof be made, this Audit Work Order shall upon the expiration of the thirty (30) calendar days cease and terminate. In the event of such termination for cause, Customer shall be responsible for NORESCO’s fees incurred to date at the rate indicated in paragraph 3. 9. LIMITATION OF LIABILITY Notwithstanding any other provision of this Agreement, NORESCO, its officers, employees, agents, affiliates, or subcontractors’ aggregate liability in contract, tort, or otherwise, without limitation, under this Audit Work Order, shall in all cases be limited to the sum of the payments to be received by NORESCO under Section 3 of this Audit Work Order. Except as otherwise expressly provided herein, no Party nor its respective officers, directors, agents, employees, parent, subsidiaries or affiliates or their officers, directors, agents or employees shall be liable, irrespective of whether such claim of liability is based upon breach of warranty, tort, (including negligence, PAGE 25 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 whether of any of the Parties to this Audit Work Order or others), strict liability, contract, operation of law or otherwise, to any other Party, or its parent, subsidiaries, affiliates, officers, directors, agents, employees, successors or assigns, or their respective insureds, for incidental, indirect, punitive or consequential damages, connected with or resulting from performance or non-performance of this Audit Work Order, or anything done in connection therewith including, without limitation, claims in the nature of lost revenues, income or profits (other than payments expressly required and properly due under this Audit Work Order), and increased expense of, reduction in or loss of power generation production or equipment used therefor. 10. INSURANCE Insurance types and limits shall be in accordance with CUSTOMER requirements. General Liability Insurance: Including Bodily Injury and Property Damage Liability, Independent Contractors Liability, Contractual Liability, Product Liability and Completed Operations Liability in an amount not less than $1,000,000 combined single limit, per occurrence, and $2,000,000 aggregate. Workers’ Compensation: Statutory limits are required. Automobile Liability: For contractors and vendors who will drive on the Property, Automobile Liability in an amount not less than $1,000,000 per occurrence for bodily injury and property damage, including owned, hired and non-owned vehicle coverage. Other Insurance Coverage That May Be Required depending on what NORESCO is hired to do: Professional Liability: Not less than $6,000,000 per claim and aggregate to be maintained for the duration of the agreement and three years following its termination. o This insurance requirement applies when a supplier has a professional designation or license and/or is providing professional services. The minimum limit for architects and engineers is $7,000,000 per claim and in the aggregate and may be increased depending upon the nature of the services to be provided to the University. Umbrella or Excess Liability Coverage: Not less than $5,000,000 per occurrence and in the aggregate. o This coverage typically sits above the underlying General Liability, Automobile Liability and Employer’s Liability policies. Depending upon the scope and work to be performed in the proposed agreement, this policy may be required in order for the contractor or vendor to be able to meet the minimum insurance requirements. Cyber Risk Insurance: Not less than $2,000,000 per claim to be maintained for the duration of the agreement and three years following its termination. o This insurance requirement applies when a third party will be using, storing or accessing private, confidential or protected information. Environmental Liability: Not less than $2,000,000 per claim and in the aggregate. o This insurance requirement applies when a contractor, subcontractor or vendor will be performing environmental clean-up work (decontamination/remediation), will be working with hazardous substance or waste, or may have similar such exposures while performing work under the proposed agreement. Higher limits of environmental liability coverage may be required depending upon the scope of work. PAGE 26 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 11. ASSIGNMENT NORESCO shall not assign this Audit Work Order in whole or in part to any unaffiliated party without first obtaining the consent of Customer, which consent shall not be unreasonably withheld. Notwithstanding the above, NORESCO may assign its rights under this Audit Work Order to any affiliated company of NORESCO upon providing prior written notice to Customer. 12. COMPLIANCE WITH APPLICABLE LAWS NORESCO agrees to comply with all applicable federal, state and local laws, rules, regulations and ordinances that are now applicable to NORESCO, NORESCO’s business, equipment and personnel engaged in operations covered by this Audit Work Order. 13. PERMITS/LICENSES NORESCO and all NORESCO’s employees or agents shall secure and maintain in force such permits and licenses as are required by law in connection with the furnishing of services pursuant to this Audit Work Order. NORESCO may subcontract engineering services to a licensed professional engineer. 14. AFFIRMATIVE ACTION EMPLOYMENT NORESCO agrees that it will not engage in unlawful discrimination in employment of persons because of race, color, religious creed, national origin, ancestry, physical handicap, marital status, or sex of such persons. 15. NON WAIVER The failure of Customer or NORESCO to seek redress for violation of, or to insist upon, the strict performance of any term or condition of this Audit Work Order, shall not be deemed a waiver by that party of such term or condition, or prevent a subsequent similar act from again constituting a violation of such term or condition. 16. NOTICE All notices or demands to be given under this Audit Work Order by either party to the other, shall be in writing and given whether by: (a) personal service or (b) by U.S. Mail, mailed either by registered or certified mail, return receipt requested, with postage prepaid. Service shall be considered given when received if personally serviced or if mailed on the third day after deposit in any U.S. Post Office. The address to which notices or demands may be given by either party may be changed by written notice given in accordance with the notice provisions of this section. At the date of this Audit Work Order, the addresses of the parties are as follows: CUSTOMER NORESCO ________________________________ David G. Mannherz ________________________________ NORESCO, LLC ________________________________ Executive Vice President ________________________________ One Research Drive, Suite 400C ________________________________ Westborough, MA 01581 17. SEVERABILITY If any term, condition or provision of this Audit Work Order is held by a court of competent jurisdiction to be PAGE 27 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 invalid, void, or unenforceable, the remaining provisions, will nevertheless continue in full force and effect, and shall not be affected, impaired or invalidated in any way. 18. GOVERNING LAW The terms and conditions of this audit Work Order shall be governed by the laws of state of Georgia without regard to conflicts of law principles. 19. VENUE In the event of litigation, jurisdiction shall be in United States District Court and venue shall be in the state of Georgia. 20. FORCE MAJEURE If either party shall be unable to carry out any part of its obligations under this Audit Work Order (except Customer’s obligation to make payments when due) due to causes beyond its control ("Force Majeure"), including but not limited to an act of God, strikes, lockouts or other industrial disturbances, acts of public enemies, orders or restraints of any kind of the government of the United States or any state or any of their departments, agencies, or officials, or any other civil governmental, transportation delays, military or judicial authority, war, blockage, insurrection, riot, sudden action of the elements, fire, explosion, flood, earthquake, storms, drought, landslide, or explosion or nuclear emergency, this Audit Work Order shall remain in effect but the affected party's obligations shall be suspended for a period equal to the disabling circumstances, provided that: (i) the non-performing party gives the other party prompt written notice describing the particulars of the Force Majeure, including but not limited to the nature of the occurrence and its expected duration, and continues to furnish timely regular reports with respect thereto during the period of Force Majeure; (ii) the suspension of performance is of no greater scope and of no longer duration than is required by the Force Majeure; (iii) no obligations of either party that arose before the Force Majeure causing the suspension of performance are excused as a result of the Force Majeure; (iv) the non-performing party uses reasonable efforts to remedy its inability to perform; and (v) the Term of this Agreement, at NORESCO's option, shall be extended for a period equal to the number of days that the Force Majeure prevented the non-performing party from performing. 21. SCOPE OF AUDIT WORK The ESCO agrees to provide the services under the terms set forth in the above-identified Project to include the buildings listed below. Additional buildings and/or infrastructure as well as additional savings/revenue streams may be added by mutual agreement of the Parties. Building Address PAGE 28 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 I. GENERAL A. General Expectations: The purpose of the DEA is to provide an investment grade analysis that defines and quantifies the size, scope, savings, payback, and firm cost for each energy and water conservation measure (“ECM”) that is recommended by NORESCO for implementation. B. Deliverable: The DEA findings shall be presented to Augusta-Richmond County in a presentation and if accepted will be detailed in a proposed Construction Work Order (CWO) in the format prescribed in Exhibit C and subsequent Attachments. PAGE 29 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 EXHIBIT C CONSTRUCTION WORK ORDER NO. 1. This Construction Work Order No. (“Construction Work Order”), executed between NORESCO and Customer and dated , is issued pursuant to Section 1(a) of the Energy Services Agreement (“ESA”) dated , between NORESCO and Customer. 2. The terms applicable to this Construction Work Order are set forth in the ESA and include all attachments referenced in the ESA. 3. Customer hereby requests that NORESCO complete the Construction Work described in this Construction Work Order and NORESCO agrees to complete the Construction Work described in this Construction Work Order. By signing below, the Parties agree to the terms of this Construction Work Order. NORESCO, LLC Signature: Printed Name: Title: Date: Augusta-Richmond County Signature: Printed Name: Title: Date: PAGE 30 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 ATTACHMENT A PROPERTY DESCRIPTION TO BE DETERMINED PAGE 31 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 ATTACHMENT B SCOPE OF SERVICES DESCRIPTION OF THE ENERGY EFFICIENCY MEASURES AND THE EQUIPMENT The following is a brief description of the ECMs and related equipment to be installed by NORESCO at the Property. [Description] PAGE 32 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 ATTACHMENT C EQUIPMENT LEASE DOCUMENTS (TO BE PROVIDED) PAGE 33 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 ATTACHMENT D Intentionally left blank. PAGE 34 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 ATTACHMENT E-1 DELIVERY AND ACCEPTANCE CERTIFICATE UPON SUBSTANTIAL COMPLETION Customer hereby acknowledges receipt of the Energy Conservation Measure(s) (the "ECM(s)") described in the applicable Attachment B to the Energy Services Agreement (the "Agreement") between Customer and NORESCO, as fully installed and in good working condition, which are listed and attached hereto. Customer hereby accepts the ECM(s) listed hereto after full inspection thereof as satisfactory for all purposes of the Agreement. Customer agrees to make the related payment(s) to NORESCO as set forth in Section 4 of the Agreement. Substantial Completion Date: ECM(s): Date Accepted by Customer: Accepted for: Customer Accepted by: Name:_______________________________ Title:______________________________ Note: ECM(s) to which this Delivery and Acceptance Certificate relates is/are attached hereto. PAGE 35 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 ATTACHMENT E-2 FINAL DELIVERY AND ACCEPTANCE CERTIFICATE FINAL ACCEPTANCE OF PROJECT Customer hereby acknowledges Final Acceptance of all Energy Conservation Measures (the "ECMs") described in the applicable Attachment B to the Energy Services Agreement (the "Agreement") between Customer and NORESCO. The date of Final Acceptance is the date certified by the Customer that the Work has been installed, functionally tested and all punchlist items completed in accordance with the Contract Documents, so that the Customer has possession of the Work and can use it for its intended use. Customer hereby accepts the ECMs listed hereto after full inspection thereof as satisfactory for all purposes of the Agreement. Customer agrees to make the required payment(s) to NORESCO as set forth in Section 4 and Attachment G of the Agreement. Date Accepted by Customer: Accepted for: Customer Accepted by: Name:_______________________________ Title:______________________________ Note: ECMs to which this Delivery and Acceptance Certificate relates are attached hereto. PAGE 36 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 ATTACHMENT F GUARANTY OF ENERGY COST SAVINGS 1. DEFINITIONS When used in this Agreement, the following capitalized words shall have the meaning ascribed to them below: “Baseline Period” is the period of time that defines the Baseline Usage and is representative of the facilities operations, consumption, and usage that is used as the benchmark for determining cost avoidance. “Baseline Usage” is the calculated energy usage of the Facilities prior to the implementation of the ECMs. “Baseline Demand” is the calculated energy demand of a piece of equipment or a site prior to the implementation of the ECMs. Baseline physical conditions, such as equipment counts, nameplate data, and control strategies, will typically be determined through building occupancy, energy end-use survey and plug load surveys of the Facilities. “Cumulative Excess Verified Savings” is the total amount of Excess Verified Savings based on the results of the Measurement & Verification Plan in the Guaranteed Savings Reconciliation Report carried over to subsequent Guaranty Periods. “Energy and Operational Cost Avoidance Guarantee Practices” are those practices identified in The Schedule of Savings, intended to achieve avoided costs in energy and/or operating expenses. “Energy Costs” may include the cost of electricity and fuels to operate HVAC equipment, cogeneration system, facility mechanical and lighting systems, and energy management systems, and the cost of water and sewer usage, as applicable. “ECM” the Energy Conservation Measure (ECM) is the installation of equipment or systems, or modification of equipment or systems as described in Attachment B. “Excess Verified Savings” is the amount of Verified Savings minus Guaranteed Savings in a Guaranteed Period. “Facilities” shall mean those described in Attachment A. “F.E.M.P.” shall mean the Federal Energy Management Program of the U.S. Department of Energy and its Measurement and Verification Guidelines for Federal Energy Projects (DOE/GO 10096-248, February 1996, or later versions). The F.E.M.P. guidelines classify measurement & verification approaches as Option A, Option B, Option C, and Option D. “First Guarantee Period” is defined as the period beginning on the first (1st) day of the month following the date of execution of the Delivery and Acceptance Certificate (Attachment E-2) upon Final Acceptance of this Project by the Customer and ending on the day prior to the first (1st) twelve-month anniversary thereof. “Guarantee Period” is defined as the First Guarantee Period and each of the successive twelve (12) month periods commencing on the anniversary of the commencement of the First Guarantee Period throughout the Term of this Agreement. “Guaranteed Savings” is defined as the amount of avoided Energy and Operational Costs guaranteed to the CUSTOMER in each Guarantee Period. “Guaranteed Savings Reconciliation Report” is defined as the process and report for determining the Verified Savings in each Guarantee Period and reconciling it to the Guaranteed Savings in the same Guarantee Period. PAGE 37 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 “IPMVP” shall mean the International Performance Measurement and Verification Protocol and its Measurement and Verification Guidelines for energy savings performance contract projects. The IPMVP guidelines classify measurement & verification approaches as Option A, Option B, Option C, and Option D. “Measurement and Verification Plan” (M&V Plan) is defined as the plan providing details on how the Guarantee Savings will be verified. “Operational Costs” shall include the cost of operating and maintaining the Facilities, such as, but not limited to, the cost of inside and outside labor to repair and maintain Covered Systems and Equipment, the cost of custodial supplies, the cost of replacement parts, the cost of deferred maintenance, the cost of lamp and ballast disposal, and the cost of new capital equipment as defined for each ECM in Section 4, Schedule of Values. “Term” shall be ______ (X) years from acceptance. “Verified Savings” is the defined as the summation of avoided Energy and Operational Costs as determined by the Measurement & Verification Plan for the Facilities in each Guarantee Period as a result of the ECMs provided by NORESCO as well as Excess Verified Savings, if any carried forward from previous years. 2. TERM AND TERMINATION 2.1 Guarantee Term. The Term of this Guarantee shall commence on the first (1st) day of the month following the date of execution of the Final Delivery and Acceptance Certificate (Attachment E-2) upon Final Acceptance of this Project by the Customer and shall terminate at the end of ____ years unless terminated earlier as provided for herein. 2.2 Guarantee Termination. Should this Agreement be terminated (including, as applicable, the Maintenance or Measurement & Verification Services) in whole or in part for any reason prior to the end of the Term, the Guaranteed Savings for the Guarantee Period in which such termination becomes effective shall be prorated as of the effective date of such termination, with a reasonable adjustment for seasonal fluctuations, if any, in Energy and Operational Costs, and the Guaranteed Savings for all subsequent Guarantee Periods shall be null and void. 3. SAVINGS GUARANTEE 3.1 Guaranteed Savings: The following table lists the amount of Guaranteed Savings resulting from the ECMs to be installed by NORESCO. Year $ Amount 3.1.1 Additional Savings. Additional energy and/or operational cost avoidance that can be demonstrated as a result of NORESCO’s efforts that result in no additional costs to Customer beyond the costs identified in this PAGE 38 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 Agreement will be included in the Guarantee Savings Reconciliation Report for the applicable Guarantee Period (s). 3.1.2 Savings Prior to Final Retrofit Acceptance. All energy and operational cost avoidance realized by Customer and as calculated through the Measurement & Verification Plan that result from activities undertaken by NORESCO prior to Final Acceptance may be applied to the Verified Savings for the First Guaranty Period. 3.1.3 Cumulation of Savings. The Guaranteed Savings in each Guarantee Period are considered satisfied if the Verified Savings for such Guarantee Period equals or exceeds the Guaranteed Savings for such Guarantee Period. 3.1.4 Savings Shortfalls. In the event that the Verified Savings in any Guarantee Period is less than the Guaranteed Savings required for that Guarantee Period, after giving credit for any Excess Verified Savings carried forward from previous Guarantee Periods, NORESCO shall, upon receipt of written demand from Customer, compensate Customer the amount of any such shortfall, limited by the value of the guarantee, within thirty (30) calendar days. Resulting compensation shall be NORESCO’s sole liability for any shortfall in the Guaranteed Savings. 3.2 Savings Reconciliation Documentation. NORESCO will provide Customer with a Guarantee Savings Reconciliation Report after each Guarantee Period within 120 days. Customer will assist NORESCO in generating the savings reconciliation report by providing NORESCO’s receipt thereof, together with access to relevant records relating to such Energy and Operating Costs. Customer will also assist NORESCO by permitting access to any energy billing information, maintenance records, drawings, or other data deemed necessary by NORESCO to generate the said report. Data and calculations utilized by NORESCO in the preparation of its Guarantee Savings Reconciliation Report will be made available to Customer, along with such explanations and clarifications as Customer may reasonably request. 3.2.1 Acceptance of Guarantee Savings Reconciliation Report. At the end of each Guarantee Period, Customer will have forty-five (45) days to review the Guarantee Savings Reconciliation Report and provide written notice to NORESCO of non-acceptance of the Guarantee Savings Reconciliation Report for that Guarantee Year. Failure to provide written notice within forty-five (45) days of the receipt of the Guarantee Savings Reconciliation Report shall constitute the deemed acceptance of the Report and its findings by the Customer. 3.2.2 Guarantee Savings Reconciliation. Verified Savings will be determined in accordance with the methodology(s), operating parameters, formulas, and constants as described below and/or defined in the Measurement & Verification Plan and/or additional methodologies defined by NORESCO that may be negotiated with Customer at any time. Actual savings reduction in utility bills may vary from the Verified Savings for reasons outside of NORESCO’s control including but not limited to: changes in energy and other utility rates and tariffs, changes in Customer operating schedules and usage patterns, changes in Customer loads due to addition or reductions in energy and water consuming devices, changes in weather, impacts due to the operations of ECMs, impacts due to the maintenance of ECMs maintained by Customer, and additions to and/or reduction in facility space usage. For the purposes of calculating any shortfalls or excesses of Verified Savings versus Guaranteed Savings, the Measurement & Verification Plan will be utilized. 3.2.3 Activities and Events Adversely Impacting Savings. Customer must promptly notify NORESCO of any activities known to Customer, which adversely impacts NORESCO’s ability to realize the Guaranteed Savings and NORESCO shall be entitled to reduce the Guaranteed Savings by the amount of any such adverse impact to the extent that such adverse impact is beyond NORESCO’s reasonable control. 3.2.4 Guarantee Adjustment. NORESCO’s Guaranteed Savings obligations under this Agreement are contingent upon: (1) Customer following the operations and maintenance requirements for the ECMs in accordance with the Agreement; (2) no alterations or additions being made by the Customer without prior notice and written agreement of the Parties; (3) Customer sending all current utility bills to NORESCO within two (2) weeks after receipt; and (4) NORESCO’S ability to render services not being impaired by circumstances beyond PAGE 39 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 its control. To the extent that the Customer defaults or fails to perform fully any of its obligations under this Agreement, NORESCO may, in its sole discretion, adjust the Guaranteed Savings obligation; provided, however, that no adjustment hereunder shall be effective unless NORESCO has first provided the Customer with written notice of Customer’s default(s) or failure(s) to perform and Customer has failed to cure its default(s) and failure(s) to perform within thirty (30) days after receipt of such notice. 3.2.5 Energy Rates. TO BE DETERMINED. 4. MEASUREMENT & VERIFICATION PLAN 4.1 Measurement and Verification. NORESCO and the Customer agree that the Verified Savings will be determined using the following Measurement and Verification Plan. Through this plan, the Guaranteed Savings generated by the ECMs installed in the Facilities will be verified found in NORESCO’s Detailed Energy Audit dated ______, as may be amended the Parties. Measurement & Verification Plan: NORESCO and the Customer agree that the Verified Savings by ECM will be determined using the following Measurement & Verification plans further described in this section. Through this plan, the guaranteed savings generated by the ECMs installed in the Facilities will be validated. The M&V methodologies proposed for these ECMs are based on the version 2.2 of the F.E.M.P. Measurement and Verification Guidelines. The objective of the plan is to quantify the actual electrical and fossil fuel and compare those to the specific Baseline Usage for each Facility, the difference of which is the Verified Savings. During the term of the Agreement, NORESCO will make adjustments to energy savings due to changes in building occupancy, weather data, and utility rate schedules, etc. The unit costs of energy will be applied to the energy savings calculated by this M&V plan. Current utility cost will be used as a basis for determining the unit cost, with floor and ceiling prices set by baseline rate information, presented herein this Attachment. 4.2 M&V Descriptions: TO BE DETERMINED PAGE 40 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 ATTACHMENT G CONTRACT COST AND ANNUAL SERVICES (a) Customer agrees to pay to NORESCO, the amount equal to the Project Cost, as listed below, in accordance with the terms described in Section 4 of the Agreement. The proposed monthly progress payments shall be substantially the same as those found in Attachment G-1, Proposed Progress Payments, attached hereto. Project Cost = $x,000,000 Proposed Monthly Progress Payments are attached hereto as Attachment G-1. (b) Maintenance Fee: Customer shall pay NORESCO for annual (monthly) maintenance provided under this Agreement that the Parties mutually agree to have NORESCO perform. Customer agrees to pay the annual (monthly) Maintenance Fee as provided for below with respect to such agreed upon services. [Maintenance Fee(s)] (c) Measurement & Verification Fee: Customer shall pay NORESCO for annual (monthly) measurement and verification services provided under this Agreement that the Parties mutually agree to have NORESCO perform. Customer agrees to pay the annual (monthly) Measurement & Verification fee as provided for below with respect to such agreed upon services. Year 1 M&V Fee: Year 2 M&V Fee: XXXXXXXX (d) Performance Period Fee: The annual performance period fee shall be the sum of the Maintenance Fee and the Measurement and Verification Fee. Customer agrees to pay the following Performance Period Fees. Year Annual Amount 1 2 3 4 5 PAGE 41 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 ATTACHMENT H CHANGE ORDER FORM (Request & Agreement for Change in Plans and/or Specifications and/or Contract) Change Request No. Customer: Department: Project No. Contract No. Site: Title: I. REQUEST Date: (a) Requested by Of (b) Description of change II. NORESCO’s AGREEMENT For all costs involved in this change including extensions of time herein requested NORESCO proposes to perform the work described in accordance with the provisions of the subject Agreement and certifies that the attached cost data is accurate, complete and current, and mathematically correct. Payment shall be made on the basis of: If necessary, attach detailed estimates and breakdown for above in accordance with change order instruction. A claim for work performed under protest may be submitted in writing. An extension of contract time of calendar days to is requested. NORESCO by Date: CUSTOMER APPROVAL: Date: Contract Award $ Customer__________________________ Previous Additions $ Previous Deductions $ By:_______________________________ Net Total $ Title:______________________________ This Change $ Total $ PAGE 42 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 ATTACHMENT I MAINTENANCE SERVICES Maintenance services provided by NORESCO are limited to annual oversight activities as described in the M&V Plan in the Detailed Energy Audit dated , as may be amended by the Parties. Oversight activities are limited to annual confirmation that the Customer continues to operate, maintain, and repair the ECMs in a manner consistent with contract requirements to ensure the persistence of guarantees savings over the term of the Project. NORESCO shall submit an annual report indicating the results of its maintenance oversight functions. PAGE 43 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 ATTACHMENT J NORESCO INSTALLED EQUIPMENT PAGE 44 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 ATTACHMENT K STANDARDS OF SERVICE PAGE 45 OF 45 PROPERTY OF NORESCO, LLC – COPYRIGHT © NORESCO 2019 ATTACHMENT L FORM OF CUSTOMER’S APPROVAL OF SAMPLE OR SPECIFICATIONS Augusta-Richmond County 535 Telfair St Augusta, GA 30901 SUBMITTAL REVIEW PROJECT: Energy Services PROJECT LOCATION: ____________________________________________________ SUBMITTAL: ____________________________________________________ SUBMITTED BY: NORESCO, LLC Checking is only for general conformance with the design concept of the Project and general compliance with the information given in the contract documents. Any action shown is subject to the requirements of the plans and specifications. NORESCO is responsible for dimensions which shall be confirmed and correlated at the job site; fabrication processes and techniques of construction; coordination of their work with that of all other trades; and the satisfactory performance of their work. NO. DATE DESCRIPTION ACTION ACTION: 1. No Exception Taken 2. Rejected 3. Make Corrections Noted 4. Revise and Resubmit 5. Submit Specified Item 6. See Remarks REMARKS: Request for Qualifications Request for Qualifications will be received at this office until Thursday, December 6, 2018 @ 3:00 p.m. for furnishing: RFQ 18-314 Turn-Key Performance Based Services to Implement Energy Saving Measures for Augusta, GA – Utilities Department RFQs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 RFQ documents may be viewed on the Augusta Georgia web site under the Procurement Department ARCbid. RFQ documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. A Mandatory Pre Qualifications Conference will be held on Friday, November 16, 2018 @ 10:00 a.m. in the Procurement Department, 535 Telfair Street, Room 605, Augusta, GA 30901. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Tuesday, November 20, 2018, @ 5:00 P.M. No RFQ will be accepted by fax, all must be received by mail or hand delivered. No RFQ may be withdrawn for a period of sixty (60) days after qualifications have been opened, pending the execution of contract with the successful vendor. Request for qualifications (RFQ) and specifications. An RFQ shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the request for qualification including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waivable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark RFQ number on the outside of the envelope. Proponents are cautioned that acquisition of RFQ documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RFQ documents from unauthorized sources places the proponent at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov GERI A. SAMS, Procurement Director Publish: Augusta Chronicle October 25, November 1, 8, 16, 2018 Metro Courier October 25, 2018 OFFICIAL VENDORS Attachment "B" E-Verify Number SAVE Form Addendum 1 Original 7 Copies Noresco 1453 Greene St., Suite C Augusta, GA 30901 Yes 419872 Yes Yes Yes Yes Siemens Industry, Inc. 474 Following Wells Rd. Martinez, GA 30907 Yes 397117 Yes Yes Yes Yes SmartWatt Energy, Inc. 3 Rosell Drive Ballston Lake, NY 30127 Yes 848998 Yes Yes Yes Yes AECOM 106 Newberry Street SW Aiken, SC 29801 Yes 411650 Yes Yes Yes Yes Ameresco 3525 Piedmont Rd., Building 7, Suite 350 Atlanta, GA 30305 Yes 221708 Yes Yes Yes Yes Johnson Controls 1350 Northmeadow Pkwy Suite 100 Trane 804 Trane RD Augusta, GA 30909 Honeywell 3223 Sunset Blvd Suite 101 West Columbia, SC 29169 Total Number Specifications Mailed Out: 18 Total Number Specifications Download (Demandstar): Total Electronic Notifications (Demandstar): Total Nubmer Specifications Mailed to Local Vendors: Pre Qualifications Conference Attendees: 11 Total packages submitted: 5 Total Noncompliant: 0 No Bid Response RFQ #18-314 Turn-Key Performance Based Services to Implement Energy Saving Measures for the Augusta, GA – Augusta Utilities Department RFQ Due: Thursday, December 6, 2018 @ 3:00 p.m. Page 1 of 1 Noresco 1453 Greene St., Suite C Augusta, GA 3090 Siemens Industry, Inc. 474 Following Wells Rd. Martinez, GA 30907 SmartWatt Energy, Inc. 3 Rosell Drive Ballston Lake, NY 30127 AECOM 106 Newberry Street SW Aiken, SC 29801 Ameresco 3525 Piedmont Rd., Building 7, Suite 350 Atlanta, GA 30305 Noresco 1453 Greene St., Suite C Augusta, GA 3090 Siemens Industry, Inc. 474 Following Wells Rd. Martinez, GA 30907 SmartWatt Energy, Inc. 3 Rosell Drive Ballston Lake, NY 30127 AECOM 106 Newberry Street SW Aiken, SC 29801 Ameresco 3525 Piedmont Rd., Building 7, Suite 350 Atlanta, GA 30305 Evaluation Criteria Ranking Points 1. Completeness of Response • Package submitted by the deadline • Package is complete (includes requested information as required per this solicitation) • Attachment B is complete, signed and notarized N/A Pass/Fail PASS PASS PASS PASS PASS PASS PASS PASS PASS PASS 2. Qualifications & Experience (0-5)20 5.0 4.7 4.2 4.0 4.0 100 93 83 80 80 3. Organization & Approach (0-5)15 5.0 5.0 5.0 5.0 5.0 75 75 75 75 75 4. Scope of Services: Firms ability to provide audit, engineering, project development, and construction services to install energy savings facility projects, project management, commissioning and programming services, on-going savings measurement, monitoring, verification and guarantee services necessary to achieve and maintain energy and operational savings. (0-5)25 5.0 4.7 4.7 4.7 4.7 125 117 117 117 117 5. Financial statements and equipment statement (0-5)10 5.0 5.0 5.0 5.0 5.0 50 50 50 50 50 6. References (0-5)5 5.0 5.0 5.0 5.0 5.0 25 25 25 25 25 Within Richmond County 5 10 5 50 0 0 0 0 Within CSRA 5 6 5 5 0 30 0 30 0 Within Georgia 5 4 0 0 0 0 0 Within SE United States (includes AL, TN, NC, SC, FL) 5 2 5 0 0 0 0 10 All Others 5 1 5 0 0 5 0 0 30.0 29.3 28.8 28.7 28.7 425 390 355 377 357 8. Presentation by Team (0-5)10 0 0 0 0 0 9. Q&A Response to Panel Questions (0-5)5 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 30.0 29.3 28.8 28.7 28.7 425 390 355 376.6666667 356.6666667 Vendors Phase 1 Total - (Total Maximum Ranking 30 - Maximum Weighted Total Possible 425) Phase 1 RFQ #18-314 Turn-Key Performance Based Services to Implement Energy Saving Measures for the Augusta, GA – Augusta Utilities Department Evaluation Meeting: Wednesday, February 13, 2019 @ 3:00 p.m. Scale 0 (Low) to 5 (High) Ranking of 0-5 (Enter a number value between 0 and 5)Weighted Scores 7. Proximity to Area (only choose 1 line according to location of the company - enter the ranking value for the one line only) Procurement DepartmentRepresentative:_______Nancy Williams____________________________________ Procurement Department Completion Date: 2/13/19 Phase 2 (Option - Numbers 8-9) (May not Receive Less Than a 3 Ranking in Any Category to be Considered for Award) Internal Use Only Total Cumulative Score (Maximum point is 500) Evaluator: Cumulative Date: 2/13/19 Total Phase 2 (Total Maximum Ranking 10- Maximum Weighted Total Possible 75) Commission Meeting Agenda 11/5/2019 2:00 PM Utilities Department Energy Services Department:Utilities Department:Utilities Caption:Motion to approve award of RFQ#18-314, Turnkey Performance Based Services to Implement Energy Savings Measures to Noresco, LLC. (Approved by Engineering Services Committee October 29, 2019) Background:AUD solicited statements of qualifications for firms to provide energy audit and savings implementation services for its facilities. We sought firms with specific expertise in the water and wastewater industry. Noresco , LLC was deemed the highest qualified firm of the seven submitters . Analysis:Noresco will evaluate AUD’s facilities and present opportunities for energy savings; we will select which opportunities we would like to implement. Noresco will then present a budget to design and implement the selected measures. The package of selected energy savings measures will be brought back to the Commission for funding approval. Projects will be selected with favorable payback periods, so that the cost of implementation will be offset by energy savings. Financial Impact:No cost at this time; funding of selected projects will be presented to the Commission for approval. If projects suggested are not implemented, a fee for engineering services, not to exceed $500,000 would be incurred. Alternatives:The Commission could elect to not proceed with this project. Recommendation:We recommend that the agreement with Noresco, LLC be approved. Funds are Available in the Fund 506 Following Accounts: REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Invitation to Bid Sealed bids will be received at this office until Friday, May 17, 2019 @ 11:00 a.m. for furnishing for: Bid Item #19-226 Waste Handler – Dozer for Augusta, GA – Environmental Services Department Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, May 3, 2019 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. No bids may be withdrawn for a period of ninety (90) days after bids have been opened, pending the execution of contract with the successful bidder. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle April 11, 18, 25, May 2, 2019 Metro Courier April 11, 2019 OFFICIAL Page 1 of 1 VENDORS YANCEY BROTHERS 4165 MIKE PADGETT HWY AUGUSTA, GA 30906 FLINT EQUIPMENT CO 1206 BLAYLOCK STREET ALBANY, GA 31705 UNITED RENTAL 2425 MIKE PADGETT HWY AUGUSTA, GA 30906 Attachment B Yes Yes No Bid E-Verify Number 686717 344722 SAVE Form Yes Yes Year 2019 2019 Brand Caterpillar John Deere Model D8T WH 1050K Bid Price $899,900.00 $793,383.00 Approximate Delivery Time 19-20 Weeks ARO 90-120 Days ARO Exceptions Noted Yes Carlson GPS System $50,550.00 $47,205.00 Bid Opening Item #19-226 Waste Handler-Dozer for Augusta, Georgia-Environmental Services Department Bid Due: Friday, May 17, 2019 @ 11:00 a.m. Waste Handler-Dozer Total Number Specifications Mailed Out: 22 Total Number Specifications Download (Demandstar): 0 Total Electronic Notifications (Demandstar): 21 Georgia Procurement Registry: 647 Mandatory Pre-Bid/Telephone Conference: N/A Total packages submitted: 2 Total Non-Compliant: 0 Optional Equipment Commission Meeting Agenda 11/5/2019 2:00 PM Approve the purchase of Caterpillar model D-8T WH/W GPS Dozer, bid item #19-226, from Yancey Brothers as the compliant bidder with no exceptions Department:Environmental Services Department:Environmental Services Caption:Motion to approve the purchase of Caterpillar model D-8T WH/W GPS Dozer, bid item #19-266, from Yancey Brothers as the compliant bidder with no exceptions. (No recommendation from Engineering Services Committee October 29, 2019) Background:Over the years, the Environmental Services Department (ESD) has operated a variety of sizes and types of dozers. We have used large dozers that are designed for high volume operations. We have also used mid-sized dozers designed for medium and lower sized operations. Currently, the ESD operates with three mid-sized dozers. They operate on the working face of the landfill. They were bought as a package deal in 2014. They were purchased due to the cost and operational effectiveness three mid-sized dozers would give us at that time. The three dozers currently operating are reaching their normal life expectancy. It is now time to examine all options to effectively replace this equipment. Upon examining landfill operations over the past year, it has become apparent we need to move to operating large dozers in order to maintain our current operations. The volume of trash received has increased in recent years to a point where a mid-size dozer in no longer adequate. In addition, equipment breakdowns based on the effects of the lower undercarriage of the mid-size dozer and the need to seek replacement rental equipment have accentuated this move. The ESD is proposing a two-stage transition process in order to address this need. Over a two-year period, two larger dozers will replace the current three mid-sized dozers. A large dozer will be purchased in FY 2019 followed by another purchase in FY 2020. The ESD in conjunction with the Procurement Department released bid #19-266 in an effort to procure a large dozer. There were two responsive bidders to the solicitation. The initial low bidder was Flint Equipment with a John Deere 1050 K. This bid did not meet several specifications as set forth in the bid. (See attached award memo.) Therefore, it was determined that the bid was not compliant with the requested specifications. The ESD recommends we accept the Yancey Brothers bid of a Caterpillar D-8T WH/W GPS. It was the second lowest bid. It meets the requirements set forth in the bid specifications. Analysis:The daily cover needs of the landfill necessitate the phasing out of the three mid-sized 2014 John Deere 850 K dozers. We are proposing a two-stage transition process. We are moving forward with the purchase of an initial large dozer. We are proposing the purchase of a Caterpillar D-8T. Next year we will implement the 2nd stage with the purchase of an additional large dozer. The three existing John Deere 850 K’s will be sold on government deals to help offset the purchase costs. A further cost saving benefit of this transition will be the inclusion of a GPS system in each new large dozer. This will allow us to achieve additional cost effectiveness through advanced location capabilities. It will also improve communication with the compactor. This will help us achieve better compaction of the cell. This in turn will lead to less need for additional airspace. Financial Impact:The purchase price of the Caterpillar D-8T dozer is $950,450.00 with the GPS system installed prior to onsite delivery. Alternatives:1. Approve the purchase of the Caterpillar D-8T WH/W GPS. 2. Do not approve. Recommendation:Approve the purchase of the Caterpillar D-8T WH/W GPS. Funds are Available in the Following Accounts: Funds are available in 541-04-4210 / 54.22510 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Commission Meeting Agenda Commission Chambe r - l0ttit20l9 ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; B. williams, Garrett, Sias, Fennoy, Frantom, M. williams, Davis, D. williams, Hasan and clarke, members of Augusta Richmond County Commission. INVOCATION: Reverend Dr. J. R. Hatney, Pastor Good Hope Missionary Baptist Church. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE LTNITED STATES OF AMERICA. RECOGNITION(S) E911 Director's Award A. Congratulations! Director Daniel Dunlap on receiving the 20lg PSAP's ltem(Public Safety Answering Point) Finest Director of the Year Award. Action: (Requested by commissioner Dennis williams) None lE ltemAnorovrlsheet.html Motions Motion Type DELEGATIONS B. Ms. Brenda Durant, regarding presentation Motion Text Recognition of Director Daniel Dunlap of E9l 1. Seconded MotionBy Result Made By Executive Director Greater of city grant recipients. Council Item Action: None B 2019-15-10 Greater Aus. Arts Councit.pdf Augusta Arts B ItemApprovalsheet.html Motions Motion \ir^r:^_ ,r!^__a Made Seconded Motion- - --- Motion TextrYPe By By Result Presentation is made by Ms. Brenda Durant. C. Rev. Victor R. Thomas, Pastor Greater Mt. Canan Baptist Church regarding Item residential development in the Sandhill Community. Action: None B sKu cesSrqtotoloozo.ndf lB ItemAnorovalsheet.html Motions Motion Motion Text Made Seconded MotionrYPe By By Result Presentation is made by Rev. Victor Thomas. D. Mr. Danny Scott regarding a proposal in association with National ItemApprenticeship Week to eliminate Tire Blight and reduce illegal dumps Action: through Green Demand career Initiative partnership. None E sKU ('osttqlololoolz.our IB sKM C658l9l0t0l l0lo.pdf lE ItemAoprovalsheet.html Motions Motion rr^+:^- ,T,^_.1 Made Seconded MotionType Motion Text By By Result Presentation is made by Mr. Scott. CONSENT AGENDA (Items l-21) PLANNING l. FINAL PLAT - MAYO PLACE TowNHoMES - 5-899 - A request for Item concuffence with the Augusta Georgia Planning Commission to approve a Action: petition by Southern Partners, on behalf of Porter Fleming, to approve the Approved final plat for Mayo Place Townhomes. This residential development is located on Elizabeth Court and contains 4 lots. Tax Map 006-0-010-00-0. (project under performance bond) DISTRICT 7 B mavo olace final olat.odf lB ltemAonrovalsheet.html Motions Motion Motion TextI ype B z-19-39.pdf IB ItemApprovalsheet.html Motions Motion Motion TextI ype Made By Seconded By Motion Result Motion to approve. Approve Mr. Garrett out. Commissioner Commissioner Motion passes 9-0. Mary Davis Ben Hasan Passes 2. Z-19'39 - A request for concurrence with the Augusta Georgia Planning Item Commission to approve a petition by Crowell & Co. Inc., on behalf of Action: 0890967 B. C. Ltd., requesting a change of zoning from Zone A Approved (Agriculture) to Zone R-lC (One-family Residential) affecting property containing approximately 13.10 acres and known as 2395 Gordon Highway. Tax Map 067-0-001-00-0. DISTRICT 3 Made By Seconded By Motion Result Motion to approve. Approve Mr. Garrett out. Commissioner Commissioner Motion passes 9-0. Mary Davis Ben Hasan Passes 3. Z-19'42 - A request for concurrence with the Augusta Georgia Planning ltem Commission to approve with the conditions below a petition by Nadine R. Action:Pulling requesting a Special Exception to establish a Family Personal Approved CareHome up to 6 residents per Section 26-1(H) of the Comprehensive Zoning Ordinance for Augusta, Georgia affecting property containing 0.26 on property known as 2503 w. Kensington Drive. Tax Map 107-0-265-00-0 DISTRICT 5 1. The home shall be staffed on a 7-day, 24-hour basis. 2. The home shall be limited to 4 residents total with staff coming in shifts. Any live-in staff will be counted towards the maximum occupancy of 4 residents. 3. Any changes in the definition of the use, nature of the clientele or increase in numbers of occupants shall require another Special Exception.4. The applicant must receive and maintain a City of Augusta business license and a license with the State of Georgia. Proof of compliance with the minimum requirements of Chapter 111.8-62.01 of the O.C.G.A must be provided, and the applicant must provide annual fire department inspection reports. 5. All requirements must be met within six (6) months of approval of the Special Exception, or the Special Exception is void. 6. If wheelchair bound persons reside in the residence all2010 ADA Standards for Accessible Design requirements must be met, including but not limited to: . All doorways must be at least 3 feet wide. At least one bathroom that permits a wheelchair dependent person to use all bathroom facilities unimpeded. E z-19-42.odf lE ItemAoorovalsheet.html Motions Motion Motion Textr ype MotionSeconded Bv ResultMade By Motion to approve. a .-.-, Mr. Clarke and Mr. Commissioner CommissionerApprove Frantom out. Sammie Sias Mary Davis Passes Motion Passes 8-0. 4. Z-19-43 - A request for concurrence with the Augusta Georgia Planning Item Commission to approve with the conditions below a petition by Kirk S. Action: Laney, on behalf of Dixon Airline Recycling & DisposalLLC, requesting a Approved Special Exception to establish an Inert Fill Area and a Construction andDemolition Landfill per Section 24-2-18 and of the Comprehensive Zoning Ordinance for Augusta, Georgia andamend conditions fuom 2-18-31 affecting property containing approximately 52 acres of the total 150.76 acres and known as part of 1710 Dixon Airline Road. Part of Tax Map 145-0-033-00-0 DISTRICT 6 l. Approval be granted for a Construction and Demolition Landfill and an Inert Landfill on approximately 51.9 acres of land designatedas "Proposed c&D-Inert Landfill with c&D-Inert waste Recycling,, as delineated on the Conceptual Site Plan submitted with the Special Exception application and which is located entirely east of the power transmissionlir., and easement and which is also currently zoned HI (Heavy Industrial). Those arezm previously zoned by Special Exception (z-ls-31) in 201g approximately 3.16 acre area for recycling of concrete product, aL approximately 2.99 acre area for the recycling of asphalt product and an approximately 3.35 acre area for the recycling of land clearing wood debris product for a total of 9.5 acres of recycling area will be included in this Special Exception and will remain areas for recycling;2. An inspection by the City of Augusta and an inspection by the Georgia EPD must be conducted on the overall site and any deficiencies found on the subject property must be corrected or remedied prior to a business license being issued by the City of Augusta for any and all operations on the site; 3. The cemetery on the property needs to be clearly delineated on any and all site plans, plats or depictions of the site, the required cemetery buffer needs to be verified, and the cemetery and the required buffer need to be adequately fenced to prevent encroachment by any of the inert filI and construction and demolition fill and / or inert landfill or construction and demolition landfill activities and operations, should the cemetery be located in any of, or close by to any of, these areas;4. A 200' buffer similar to the one shown on the Conceptual Site Plan submitted with the Special Exception application must be enforced between the proposed inert landfill and Construction and Demolition landfill operations and the existing residential structures and also be enforced against the existing exterior boundaries of the subject property. In no case, shall an undisturbed buffer be reduced below 200 feet in width against the adjoining residential lots. 5. An annual inspection, as part of the annual business license renewal, shall be conducted by Augusta Code Enforcement inspectors to ensure compliance with all provisions of this zoning action and the previous zoning action for recycling (Z-18-31). 7. Should the Inert landfill and Construction and Demolition Landfill activities and operations on the site cease, change in scope of work, or change in size, a new Special Exception will have to be applied for prior to start of any future operation (other than the areas previously approved by Special Exception, in the specified areas, as part of Z-18-31) within this area. 8. The owner must maintain the proper permitting from EPD and DNR for any and all activities and operations on the subject property, including the 9.5 acres approved under Special Exception (Z-18-31) for the recycling areas. 9. The Site Plan for the Construction and Demolition Landfill and Inert Landfill must comply with all local, State and Federal laws, ordinances and regulations in effect at the time of development. 10. All Construction and Demolition Landfill and Inert Landfill activities and operations must be performed during the normal business hours of 6:00 am to 5:00 pm. 11. A Business License will be required prior to the start of any Construction and Demolition Landfill and Inert Landfill activities and operations. Permitting by the State for Construction and Demolition Landfill and Inert Landfill activities and operations will be required prior to the issuance of a Business License. B z-19-4J.pdf lB ltemApprovalsheet.html Motions Motion Motion Textr ype Made By Seconded By Commissioner Marion Williams Made By Seconded By Motion to refer this item back to the Administrator, the Law Department and Planning & Development to Defer review and determine the Commissioner financial impact on our Ben Hasan Landfill. Voting No: Commissioner John Clarke. Motion Passes 9-l. Motions Y:11" Motion rextI ype Substitute motion to approve. Voting No: Commissioner William Fennoy, Commissioner Ben Hasan, Commissioner A.^-_^-.^ Sammie Sias,Approve uommtssloner Bobby Williams, Commissioner Dennis Williams, Commissioner Marion Williams. Motion Fails 4-6. Motion Result Passes Motion Result Commisioner Sean Frantom CommissionerBrandon Fails Garrett 5. Z'19'45 - A request for concurrence with the Augusta Georgia Planning ItemCommission to approve with the conditions below a petition by John p. Action:Hitchcock requesting a change of zoning from Zone R-lC (One-family Disapproved Residential) to zone B-l (Neighborhood Business) affecting property containing 0.18 acres and known as 622 Crawford Avenue. TaiMap-03s- 4-081-00-0 DISTRICT I 1. Should the market cease to operate the property shall revert to the current R-lC zone and uses. 2. The structure must comply with all applicable building codes. 3. The site must comply with all applicable site plan regulations. B z-19-45.ndf B ItemAnorovalsheet.html Motions |^#:'" Motion rext Made By seconded By fffi| r-\o-., Motion to deny. Commissioner Commissioner.,trrtv Motion Passes l0-0. William Fennoy Bobby Williams Passes 6. Z'19-46 - A request for concurrence with the Augusta Georgia Planning Item Commission to approve with the conditions below a petition by Cranston Action: Engineering Group, on behalf of MEM Real Estat e LLC, requesting a change Approvedof zoning from Zone A (Agriculture) to Zone R-38 (Multipte-family Residential) affecting property containing approximately 27.4 acres and known as 1304 Flowing Wells Road. Tax Map 029-0-04s-00-0 DISTRICT 31. If this project does not materialize within one year from approval, the tract of land will revert back to Agriculture zoning.2. This approval is for no more than 462 (lTunits/acre) acres, no less than762 parking spaces, three (3) stories and shall substantially comply with the submitted plan. 3. This project shall comply with all development standards and regulations set forth by the City of Augusta, GA. B z-19-46.odf [B ItemAoorovrlsheet.html Motions Motion Motion Textr ype Made By Seconded By ffitjil Motion to approve. Mr. a .- - Fennoy and Mr. Commissioner CommissionerApprove Frantom out. Mary Davis Ben Hasan Passes Motion Passes 8-0. 7. Z-19-47 - A request for concurrence with the Augusta Georgia Planning Item Commission to approve with the conditions below a petition by Trotter Action: General LLC, on behalf of Melvin Barton Properties, requesting u .hunge of Approvedzoning from Zone B-1 (Neighborhood Business) and R-3c (Multiplefamily Residential) to Zone B-1 (Neighborhood Business) affeciing property containing 2.26 acres and known as l7l0 M. L. King Jr. Boulevard. Tax Map 059-3-329-00-0 DISTRICT 2 l. This approval is to construct approximately 7,500 sq. ft. building with accompanying 30 parking spaces and will substantially comply with the proposed plan. 2. This project shall comply with all development standards and regulations set forth by the City of Augusta, GA. Motion Result Motion to approve. Approve Mr. Garrett out. Commissioner Commissioner Motion passes 9-0. Mary Davis Ben Hasan Passes 8. ZA-R-257 - A request for concurrence with the Augusta Georgia Planning Item Commission to approve a petition to amend the Comprehensive Zoning Action: Ordinance for Augusta Georgia by amending Section 2 - Defrnitions to Approved remove the "no restaurant component" from the definition of Micro Brewery, Nano Brewery, Nano Distillery, Pico Brewery and pico Distillery. Motion Result Motion to approve. Approve Mr. Garrett out. Commissioner Commissioner Motion passes 9-0. Mary Davis Ben Hasan Passes PUBLIC SERVICES 9. Motion to approve the Change Order #1 to the contract with Southeast Site Item Services for Electrical Vault Building Original Bid #18-244A in the amount of Action: $154,234.70. (Approved by Public Services Committee October 8,2019) Approved E z-19-47.odf E ItemApprovalsheet.html Motions H:jl'" Motion Text Made Byr ype @ za-r-251.odf B ItemApnrovalsheet.html Motions Motion Motion TextI ype Seconded By Made By Seconded By B Change Order#l Southeast Site Services.pdf [B ItemApprovalsheet.html Motions Motion Motion TextI ype Motion to approve. Approve Mr. Garrett out. Commissioner Commissioner Motion passes 9-0. Mary Davis Ben Hasan 10. Motion to approve a Resolution in support of a State veterans (Approved by Pubtic Services Committee October 8, 2019) Made By Seconded By Seconded By Motion Result Passes Cemetery. Motion Result Seconded MotionBy Result Dies for lack of Second Seconded By Item Action: Approved B ItemArprovalSheet.html Motions x:j*1'," Motion Text Made Byr ype Motion to approve. Approve Mr. Garrett out. Commissioner Commissioner Motion passes 9-0. Mary Davis Ben Hasan Passes ADMINISTRATIVE SERVICES 11. Motion to approve an amendment to the AUGUSTA, GA CODE Section Item l-2-13 (Rules of Procedure), Section 2.01.02 to clari$ that any voting Action: member of the Commission is permitted to a make a motion at any point, Approved without needing recognition by the Chair, during any public meeting of the commission, to become effective upon approval. (Approved by the Commission on October lr20lg - second reading) E ORDINANCE motions Rules of procedure.docx IB ItemAonrovalsheet.html Motions Motion MotionType Text ^ Motion torreny- cleny. Motions Made By Commissioner Sammie Sias Motion Text Made By Motion Type Motion to approve. Mr. Frantom out. Voting No: Commissioner A ---^..^ William Fennoy,ADDTOVCr r Commtsstoner Sammie Sias, Commissioner Dennis Williams. Motion Passes 6-3. Commissioner Mary Davis Passes Commissioner Marion Williams Motion Result Motion Result Passes $s00.00 Services Motion Result Passes 12. Motion to approve Housing and Community Development Department's ltem (HCD's) request to provide funding to assist one (l) low to moderate- income Action: homebuyer with down-payment assistance to purchase a home in the Laney Approved Walker Bethlehem Revitalization area. (Approved by Administrative Services Committee October 8, 2019) 13. E HoME BUYER AGREEMENT(2ol8).Ddf E ltemAonrovalsheet.html Motions X:11" Motion Text Made By Seconded Byrype Motion to approve. A Approve \r.. c;;;ffi;: - Commissioner Commissioner tvtotioipasrr. q-0. Mary Davis Ben Hasan Motion to approve replacing commission's gas allowance with a dollar a month car allowance. (Approved by Administrative Committee October 8, 2019) lB Comm. Hasan Comm. Car Allowance.odf (B ItemApprovalsheet.html Motions [,o11" Motion Text Made Byrype Approve Item Action: Approved Seconded By Motion to approve. Commissioner Commissioner Mr. Garrett out. Mary Davis Ben Hasan Motion Passes 9-0. 14. Motion to approve recommendations from the Administrative Policies and ltem Procedures Sub-Committee regarding the revised Severance Policy. Action: (Approved by Administrative Services Committee October 8, 2019) Approved [B 9.20,19- Revised Severance Pav Procedures Sf,l,S-doc-ndf B 9.20.19-SES Poticv .pdf [B 9-20-19 Revused SES Pav Ordinance Amendmenf.nrtf lB ItemAoorovalsheet.html Motions Motion Motion TextI ype Motion to approve. Approve Mr. Garrett out. Motion Passes 9-0. FINANCE 15. Motion to approve asking for adjust the fees in 2020 with Committee October 8, 2019) Made By Seconded By Commissioner Commissioner Mary Davis Ben Hasan Motion Result Passes a waiver from the fee adjustment in 2019 and Item the budget calendar. (Approved by Finance Action: Approved lB Aususta Richmond Fl'2020 BUD LTR 0l uodated.odf B ltemApprovelsheet.html Motions ff':",, Motion rext Made By Seconded By Motion Result Motion to approve. Approve Mr. Garrett out. Commissioner Commissioner Motion passes 9-0. Mary Davis Ben Hasan Passes 16. Motion to authorize the preparation of the necessary resolution and ltem documentation in order to issue water and sewerage revenue bonds in an Action: aggregate principal amount not to exceed $21,000,000 (the "Proposed Approved Bonds") in connection with capital projects supporting the expansion of theFort Gordon water and sewerage system as described on Exhibit A; to authorize Augusta's financial advisor, Davenport & company LLC, to prepare and distribute a solicitation for proposals to all financial institutions the financial advisor deems to have an interest; and to bring back to the commission such resolution and documentation along with a recommendation as to which proposal to accept for final approval. (Approved by Finance Committee October 8, 2019) B Exhibit A Proiect Summarv.ndf E Proiected 2l Million Loan.pdf IE Aususta tltilities Deoartment presentation March 29 20l9.ndf E ItemApprovalsheet,html Motions X:j*1" Motion Text Made By seconded By Motion'f YPe -'---- -r Result Motion to approve. Approve Mr. Garrett out. Commissioner Commissioner Motion passes 9_0. Mary Davis Ben Hasan Passes ENGINEERING SERVICES 17. Motion to approve award of Bid Item #19-277 to Legacy Water Group, Item LLC. to construct the Fort Gordon Cross Basin Lift Station and Force Main Action: under the Task Order Program RFQ #18-263 in the amount of Approved $3,086,045.00. (Approved by Engineeering Services Committee October 8,2019) IB Bid Item #19-277 Fort Gordon Cross Basin LS FM - Director Memo.pdf [B Bid Item #19-277 Fort Gordon Cross Basin LS FIII - Bid Tab.pdf B Bid Item #19-277 Fort Gordon Cross Besin LS FI\{ - prqiect Map.pdf B Invitation to Bid.pdf B tg-zzz rupn.por lB Mail Labets.pdf lB Compliance Information.pdf E ItemApprovalsheet.html Motions H,H' Motion Text Made By seconded By f.'rtJil Approve Motion to approve. Commissioner Commissioner Passes Mr. Garrett out. Mary Davis Ben Hasan Motion Passes 9-0. 18. Motion to determine that Merrimac Avenue North of Old Ironsides Item Boulevard, as shown on the attached map has ceased to be used by the public Action: to the extent that no substantial public purpose is served by it or that its Approved removal from the county road system is otherwise in the best public interest, and to receive as information the results of the public hearing held regarding the issue of abandonment pursuant to O.C.G.A. $32-7-2, with the abandoned property to be quit-claimed to the appropriate party(ies), as provided by law and an easement to be retained over the entire abandoned portion for existing or future utilities as directed by Augusta Engineering Department and Augusta Utilities Department and adopt the attached Resolution. (Approved by Engineering Services Committee October 8, 2019) B ltlan - Illerrimac Ave North of Old lronsidps Rlvrl nrlf IE Resolution_Merrimac Avenue.docx E ItemAonrovalsheet.html Motions Motion r-_1:_ m Motion- ------ Motion Text Made By Seconded Byt YPe '.'--- -r Result Motion to approve. Approve Mr. Garrett out. Commissioner Commissioner Motion passes 9-0. Mary Davis Ben Hasan Passes 19. Motion to approve the installation of 22 street lights in the Haynes Station Item Phase l0 development with an annual cost of $6,951.12. Also approve the Action: creation of a new lighting tax district for the 56 lots within Phase 10. Approved Funding is available in Street Lighting budget account #2760416105312310. (Approved by Engineering Services committee october 8,2019) B Havnes Station Phase l0 Proposat (002).odf B Havnes Station Phase l0 - Parcels List.odf lB ItemAoorovalsheet.html Motions f#:" Motion Text Made By seconded By HXil Approve Motion to approve. Commissioner Commissioner Passes Mr. Garrett out. Mary Davis Ben Hasan Motion Passes 9-0. PETITIONS AND COMMUNICATIONS 20. Motion to approve the minutes of the regular meeting of the Augusta Item Commission held on October l, 2019 and Special Called Meeting held Action: October 8,2019. Approved lB Resular Commission Meetinq October I 20l9.odf lB Called Commission Meetins October 8 20l9.odf B ltemAnnrovalsheet.html Motions Motion rr-1:--,m Motion- ----- Motion Text Made By Seconded ByI Ype - '--- -r ResultJI Motion to approve. Approve Mr. Garrett out. commissioner commissioner Motion passes 9-0. Mary Davis Ben Hasan Passes APPOINTMENT(S) 21. Motion to approve the appointment of Mr. Quincy Jordon to the Housing & Item Community Development Citizens Advisory Board representing District 4. Action: Approved B SKM C6sSlglololo0ll.pdf lB Ouincv Jordon.ndf E ItemAonrovalsheet.html Motions Motion rr-1!__- m Motion- ----- Motion Text Made By Seconded ByI'YPe '''--- -r Result Motion to approve. Approve Mr. Garrett out. Commissioner Commissioner Motion passes 9-0. Mary Davis Ben Hasan Passes * **,TEND CONSENT AGENDA:K?K** AUGUSTA COMMISSION t0n5t20t9 AUGUSTA COMMISSION REGULAR AGENDA l0l15t20t9 (Items 22-29) PUBLIC SERVICES 22. Accept funding awards from GDOT for: 1) Metropolitan Transportation ItemPlanning Services Contract (PI#0016551-PLN) in the amount of Action: 5373,763.20. Local match requirement is $93,440.80 2) 2050 Metropolitan Approved Transportation Plan (PI# 0016812-PLN) in the amount of $216,000.00. Local match requirement is $54,000.00 lB 2050 MTP Contract Sipned 2020.pdf e ARTS PL Cortract Sisned 2020.pdf B pRooozrg.nat Motions X::'" Motion Text Made By seconded By MotionlYPe r --------- -'t Result Motion to approve. Approve Mr. Frantom out. commissioner commissioner Motion passes 9-0. Sammie Sias Dennis Williams Passes ADMINISTRATIVE SERVICES 23. Discuss Depot Project. (Requested by Commissioner Ben Hasan) Item Action: Approved B ltemAoprovalsheet,html Motions X,oj:" Motion Text Made By seconded ByrYPe --'- -r ----"--- -r Result Approve Motion to delete this Commissioner Commissioner Passes item from the agenda. Ben Hasan Sammie Sias Mr. Frantom out. Motion Passes 9-0. 24. Discuss/ receive information from Human Resources Department regarding Item the city's process and procedures relative to Work Place Violence incidents Action:involving city's workforce. (Requested by Commissioner Marion Approved Williams) B sxu ces8rglotoltzzo.por lB ltemAonrovalsheet.html Motions Motion Motion Text Made By seconded By #JiIr ype Motion to referDefer tfris mi.l i Commissioner Commissioner .*ecrtlX:lllr,"r. Bobby williams Ben Hasan No action is taken on this motion. Motions fr'J:" Motion Text Made By Seconded By fJrllil Motion to approve discussing this personnel matffer in executive session at this time. Mr. Frantom, Mr. Garrett and Mr. Commissioner Commissioner Approve Sias out. Marion William Fails Voting No: Williams Fennoy Commissioner William Fennoy, Commissioner Dennis Williams. Motion Fails 5-2. Motions ffi':" Motion Text Made By Seconded By ffJi,t Defer Motion to refer this Commissioner Commissioner passes matter to the legal Bobby Ben Hasan meeting next week. Mr. Williams Frantom, Mr. Garrett and out. Motion Passes 8-0. PUBLIC SAFETY 25. Motion to ask the Fire Chief to pursue all possible avenues to get all three Itemfire stations constructed as scheduled and bring back a report at the Action: Commission meeting. (Regarding the Fire Station Construction funded by Approved SPLOST 7 and motion to approve the award of Bid Item #19-185 to R.W. Allen for the construction of Fire Stati on #20 for a total contract price of 53,260,075 and to authorize the Mayor to execute the appropriate documents). (Approved by Public Safety committee october s, zou) E Al0l-2017 - Final - Srrrion 20,pdf B tq-rss ttn.par E tg-t8s t,q,r.pot E Nlandatory Pre Bid Sisn ln Sheet.pdf E l9-185 Dept Recommendation of Award.pdf E Mail List Demandstar Planholders.pdf Et Georgia Procurement Registr) Vendor Summary,pdf B Complience Information.pdf E ItemApprovalsheet.html Motions Motion;- ----- Motion Textrype Approve Motion to approve allowing the Fire Chief to get the additional funding to construct the Telfair Street fire station from SPLOST 7, approve the award to R. W. Allen to construct Fire Station #20 using SPLOST 7 funding and approve any additional funding from fund balance to execute and complete construction of Station #3. Mr. Frantom and Mr. Made By seconded By fffirll Commissioner Commissioner Passes Sammie Sias Ben Hasan Garrett out. Motion Passes 8-0. FINANCE 26. Motion to approve the Contribution Agreement between The Georgia ltem Association of Conservation Districts and the Augusta-Richmond County Action: Board of Commissioners. (No recommendation from f inance Committee Approved October 8, 2019) B GACD and Richmond Asreement20lg.odf B ltemAnprovalsheet.html Motions Motion- - --- - Motion Text Made ByI ype Motion to approve. ^ Mr. Frantom and Mr.ADDTOVCI r Garrett out. Motion Passes 8-0. B ltemAnnrovalsheet.html Motions Motion; - --- - Motion Textr ype Motion to approve asking administration and including the CVB to develop a strategic Approve plan for advertisement and report back to us in 30 days. Mr. Frantom and Mr. Garrett out. Motion Passes 8-0. APPOINTMENT(S) 28. Commissioner B;; H;; -' Passes Commissioner Dennis Williams Seconded By Motion Result Motion Result 27.Discuss the inadequate advertising for events held at the Augusta Common. Item (Requested by Commissioner Bill Fennoy) Action: Approved Made By Seconded By Commissioner Bobby Williams Commissioner William Passes Fennoy Motion to approve the appointment of Ms. Shell Knox Berry to the ltem Economic Development Authority to fill the vacant position previously held Action: by Pat Schaffer effective immediately. (Requested by Commissioner Mary Approved Davis) B DeveloDment Authoritv-of Richmond-Countr' (Aususta Economic-Develonment Authorifv l9).odf E sKM c658l9lololl4oo.pdf [B ItemAonrovalsheet.html Motions Motion Motion Textl e Motion to approve. ^ Mr. Garrett and Mr.ADDTOVCI r t'rantom out. Motion Passes 8-0. B ItemAnnrovalsheet.html Motions Motion;----- Motion Textr ype Made By Seconded By Commissioner Commissioner Motion Result Bobby Williams William Passes Fennoy Motion Result Item Action: Disapproved ADMINISTRATOR 29. Presentation of the Proposed Budget for 2020. Made By Seconded By Motion to adjourn and take our books home. Mr. Frantom, Mr. Garrett and Mr. Sias out. Commissioner Commissioner Approve Voting No: Bobby Dennis FailsCommissioner Williams Williams William Fennoy, Commissioner Dennis Williams. Motion Fails 5-2. LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 30. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Item Action: None Uoro*i www.ausustasa.sov CALLED MEETING COMMISSION CHAMBER October 21,2019 Augusta Richmond County Commission convened at 10:00 a.m., Monday, October 21, 2019, the Honorable Hardie Davis, Jr., Mayor, presiding. PRESENT: Hons. B. Williams, Garrett, Sias, Frantom, M. Williams, Davis, D. Williams, Hasan and Clarke, members of Augusta Richmond County Commission. ABSENT: Hon. Fennoy, member of Augusta Richmond County Commission. Mr. Mayor: We'll call this meeting to order. The Chair recognizes Madam Clerk. 1. Motion to adopt Flood Insurance Rate Maps (FIRMS) and Flood Insurance Studies (FISs) reflecting proposed flood hazard, determinations within Augusta, GA (and the jurisdictions of Blythe and Hephzibah) issued by the Department of Homeland Security's (DHS's) Federal Emergency Management Agency (FEMA). The effective date of the most recent Flood Insurance Rate Maps (FIRMS) and Flood Insurance Studies (FISs) for Augusta, GA is November 15, 2019. In keeping with the Cify of Augusta's participation in the National Flood Insurance Program (NFIP) and the Community Rating System (CRS), adoption of Flood Insurance Rate Maps (FIRMS) and Flood Insurance Studies (FISs) reflecting proposed flood hazard determinations within Augusta, GA (and the jurisdictions of Blythe and Hephzibah) issued by the Department of Homeland Security's (DHS's) Federal Emergency Management Agency (FEMA). (Approved by Engineering Services Committee September 24,2019 and the Commission on October lr20l9 - second reading) Mr. Mayor: The Chair recognizes the commissioner from the 4th. Mr. Sias: Thank you, sir. So move. Mr. Garrett: Second. Mr. Mayor: Voting. Mr. Fennoy out. Motion carries 9-0. Mr. Mayor: All right, thank you. To Director Sherman, Terri, thank you so much for your hard work on that. All right. okay. The chair recognizes Attorney Brown. 2. Legal meeting. A. Real estate Mr. Brown: We would request a motion to go into executive session for the purpose of discussing real estate. Mr. Mayor: The Chair recognizes the Mayor pro Tem. Mr. Frantom: So move. Mr. Sias: Second. Mr. M. Williams: Just for real estate, Mr. Mayor? Mr. Mayor: Just real estate. Single subject matter. Everybody vote? Mr. Fennoy out. Motion carries 9-0. IEXECUTTVE SESSTON] The Mayor called the meeting back to order. Mr. Mayor: I would like to get a motion to add and approve the closed meeting affidavit. Mr. Sias: So move. Mr. Frantom: Second. Mr. Mayor: Voting. Mr. M. Williams, Ms. Davis, Mr. Fennoy and Mr. Garrett out. Motion carries 6-0. IMEETING ADJOURNED] Lena J. Bonner Clerk of Commission CERTIFICATION: I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copyof the minutes of the Called Meeting of the Augusta Richmond County Commission held on October 21,2019. Clerk of Commission CALLED MEETING COMMISSION CHAMBER October 29,2019 Augusta Richmond County Commission convened at 11:00 a.m., Tuesday, October 29, 2019, the Honorable Hardie Davis, Jr., Mayor, presiding. PRESENT: Hons. B. Williams, Garrett, Sias, Fennoy, Frantom, M. Williams, Davis, D. Williams, Hasan and Clarke, members of Augusta Richmond County Commission. Mr. Mayor: All right, we're going to call this meeting to order. All right, the Chair recognizes Attorney Brown. 1. LEGAL MEETING A. Pending and potential litigation B. Real estate C. Personnel Mr. Brown: We would request a motion, Mayor and Commissioners, to go into executive session to discuss litigation, real estate, personnel and other documents excluded by open records. Mr. Mayor: The Chair recognizes the commissioner from the 4ft. Mr. Sias: So move. Mr. Fennoy: Second. Ms. Davis, Mr. Frantom and Mr. Garrett out. Motion carries 7-0. IEXECUTTVE SESSTON] Mr. Mayor: -- reconvened. We'll call this meeting back to order. The Chair recognizes Attorney Brown. 2. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Mr. Brown: We request a motion, Mr. Mayor, to execute the closed meeting affidavit. Mr. M. Williams: So move. Mr. Frantom: So moved. Mr. B. Williams: Second. Mr. Mayor: Voting. Mr. Garrett out. Motion carries 9-0. Mr. Mayor: All right, I think that's all we have. Mr. Brown: That's it, sir. Mr. Mayor: Committee meetings. [MEETING ADJOURNED] Lena J. Bonner Clerk of Commission CERTIFICATION: I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy of the minutes of the Called Meeting of the Augusta Richmond County Commission held on October 29,2019. Clerk of Commission Commission Meeting Agenda 11/5/2019 2:00 PM Minutes Department: Department: Caption:Motion to approve the minutes of the regular meeting of the Augusta Commission held on October 15, 2019 and Special Called Meetings held on October 21 and October 29, 2019. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: ________________________________________________________ SERIES 2019 BOND RESOLUTION _______________________________________________________ ADOPTED NOVEMBER 5, 2019 BY THE AUGUSTA-RICHMOND COUNTY COMMISSION RELATING TO AUGUSTA, GEORGIA WATER AND SEWERAGE TAXABLE REVENUE BOND, SERIES 2019 (i) TABLE OF CONTENTS This Table of Contents is for convenience of reference only and is not part of this Series 2019 Bond Resolution. Page ARTICLE I DEFINITIONS .........................................................................................................4 Section 1.1. Definitions ...................................................................................................4 ARTICLE II THE SERIES 2019 BOND .....................................................................................6 Section 2.1. Authorization; Designation of Series 2019 Bond ....................................6 Section 2.2. Parity Certification ....................................................................................6 Section 2.3. Series 2019 Bond Details ...........................................................................7 Section 2.4. Form of Series 2019 Bond .........................................................................8 ARTICLE III REDEMPTION OF SERIES 2019 BOND ........................................................18 Section 3.1. Optional Redemption of Series 2019 Bond ............................................18 ARTICLE IV SALE OF SERIES 2019 BOND; CONSTRUCTION FUND; APPLICATION OF PROCEEDS ..................................................................19 Section 4.1. Sale of Series 2019 Bond ..........................................................................19 Section 4.2. Series 2019 Capital Improvement Account ...........................................19 Section 4.3. Application of Proceeds of Series 2019 Bond ........................................19 ARTICLE V MISCELLANEOUS PROVISIONS ...................................................................20 Section 5.1. Continuance and Effect of Bond Resolution .........................................20 Section 5.2. Designation of Bond Registrar, Paying Agent, and Construction Fund Depository ...............................................................20 Section 5.3. Validation of Series 2019 Bond ...............................................................20 Section 5.4. Authorization of 2019 Registrar and Paying Agent Agreement ..........20 Section 5.5. Authorization of 2019 Purchase Agreement ..........................................21 Section 5.6. Effective Date ...........................................................................................21 Section 5.7. Repeal of Conflicting Resolutions...........................................................21 Section 5.8. General Authorization .............................................................................21 Section 5.9. Waiver of Bond Audit ..............................................................................22 Section 5.10. Bond Resolution Constitutes a Contract................................................22 SIGNATURES AND SEAL ....................................................................................................... 24 (ii) EXHIBIT A - PROJECT LIST SERIES 2019 BOND RESOLUTION A SERIES 2019 BOND RESOLUTION TO RATIFY, REAFFIRM, SUPPLEMENT, AND AMEND THAT CERTAIN MASTER BOND RESOLUTION ADOPTED ON OCTOBER 16, 2012, AS SUPPLEMENTED AND AMENDED BY THOSE CERTAIN SUPPLEMENTAL RESOLUTIONS ADOPTED ON JUNE 18, 2013, JULY 16, 2013, AUGUST 25, 2014, SEPTEMBER 16, 2014, SEPTEMBER 5, 2017, AND OCTOBER 17, 2017; TO PROVIDE FOR THE ISSUANCE BY AUGUSTA, GEORGIA OF ITS WATER AND SEWERAGE TAXABLE REVENUE BOND, SERIES 2019, FOR THE PURPOSE OF FINANCING THE COSTS OF MAKING ADDITIONS, EXTENSIONS, AND IMPROVEMENTS TO ITS WATER AND SEWER SYSTEM; TO PROVIDE TERMS, PROVISIONS, AND CONDITIONS FOR THE ISSUANCE OF ITS WATER AND SEWERAGE TAXABLE REVENUE BOND, SERIES 2019; TO PROVIDE FOR THE EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT WITH RESPECT TO SAID BOND; AND FOR OTHER RELATED PURPOSES. WHEREAS, Augusta, Georgia (the “Consolidated Government”), acting by and through its governing body, the Augusta-Richmond County Commission (the “Commission”), by a Master Bond Resolution duly and validly adopted on October 16, 2012 (the “Master Resolution”), as supplemented and amended by a Parity Bond Resolution duly and validly adopted on June 18, 2013 and a Supplemental Bond Resolution duly and validly adopted on July 16, 2013 (collectively the “Series 2013 Resolution”), as further supplemented and amended by a Series 2014 Bond Resolution duly and validly adopted on August 25, 2014 and a Supplemental Series 2014 Bond Resolution duly and validly adopted on September 16, 2014 (collectively the “Series 2014 Resolution”), and as further supplemented and amended by a Series 2017 Bond Resolution duly and validly adopted on September 5, 2017 and a Supplemental Series 2017 Bond Resolution duly and validly adopted on October 17, 2017 (collectively the “Series 2017 Resolution”), authorized, issued, and delivered (1) $138,830,000 in original aggregate principal amount of its Water and Sewerage Revenue Refunding and Improvement Bonds (Second Resolution), Series 2012 (the “Series 2012 Bonds”), which are currently outstanding in the aggregate principal amount of $134,675,000; (2) $22,070,000 in original aggregate principal amount of its Water and Sewerage Taxable Revenue Bonds (Second Resolution), Series 2013 (the “Series 2013 Bonds”), which are currently outstanding in the aggregate principal amount of $16,615,000; (3) $169,180,000 in original aggregate principal amount of its Water and Sewerage Revenue Refunding and Improvement Bonds (Second Resolution), Series 2014 (the “Series 2014 Bonds”), which are currently outstanding in the aggregate principal amount of $164,770,000; and (4) $94,895,000 in original aggregate principal amount of its Water and Sewerage Revenue Refunding Bonds, Series 2017 (the “Series 2017 Bonds”), all of which are currently outstanding; and -2- WHEREAS, terms used in this Series 2019 Bond Resolution and not otherwise defined herein shall have the meaning assigned to such terms in the Master Resolution, as supplemented and amended by the Series 2013 Resolution, the Series 2014 Resolution, and the Series 2017 Resolution (collectively the “Prior Resolution”); and WHEREAS, under the terms of the Prior Resolution, the Series 2012 Bonds, the Series 2013 Bonds, the Series 2014 Bonds, and the Series 2017 Bonds (collectively the “Prior Bonds”) are special limited obligations of the Consolidated Government payable solely from and secured by a first priority pledge of and lien on the Pledged Revenues; and WHEREAS, the Prior Resolution provides for the issuance under certain conditions of Additional Bonds payable from and secured by Pledged Revenues and ranking on a parity as to the pledge of and lien on the Pledged Revenues with the Prior Bonds; and WHEREAS, the Consolidated Government has determined that there is a need for the acquisition and construction of improvements, betterments, and extensions of the System, all as generally described in the project list, attached hereto as Exhibit A, prepared by the Augusta Utilities Department, which was presented to the Commission at its workshop on March 29, 2019 and which is incorporated herein by reference, and in accordance or substantially in accordance with plans and specifications on file from time to time with the Consolidated Government (the “Series 2019 Project”), and the Consolidated Government presently anticipates that the cost of the Series 2019 Project to be financed by the Series 2019 Bond hereinafter authorized will be approximately $__________; and WHEREAS, the Consolidated Government has determined that it is in the best interests of the citizens of the area served by the System for the Consolidated Government to finance the costs of the foregoing by issuing its Water and Sewerage Taxable Revenue Bond, Series 2019 (the “Series 2019 Bond”) in a principal amount of $_________; and WHEREAS, the Consolidated Government proposes to sell the Series 2019 Bond herein authorized to be issued, to [NAME OF PURCHASER] (the “Purchaser”), pursuant to a Bond Purchase Agreement, to be dated the date of its execution and delivery (the “2019 Purchase Agreement”), between the Consolidated Government and the Purchaser, and the sale of the Series 2019 Bond at such price will provide the Consolidated Government with the moneys required on its part to finance the cost of the overall undertaking now contemplated; and WHEREAS, the Prior Bonds are the only presently outstanding revenue bonds or obligations of the Consolidated Government secured by a pledge of and lien on the Pledged Revenues, and the Consolidated Government is now complying in all respects with the terms, provisions, and covenants of the Prior Resolution and is maintaining the respective special funds therein created in the full amount as required; and WHEREAS, the Series 2019 Bond to be issued by the Consolidated Government shall be an Additional Bond payable from and secured by Pledged Revenues and shall rank on a parity as to the pledge of and lien on the Pledged Revenues with the Prior Bonds, as permitted under Article VI of the Master Resolution; and -3- WHEREAS, Section 6.6 of the Master Resolution provides that (1) the Consolidated Government will adopt a Series Resolution authorizing the issuance of any additional Bonds and reciting that the requirements of Article VI of the Master Resolution have been satisfied, and will set forth in such proceedings, among other things, the date or dates such additional Bonds will bear and the rate or rates of interest, interest payment date or dates, maturity date or dates, and redemption provisions with respect to such additional Bonds and any other matters applicable to such additional Bonds as the Consolidated Government may deem advisable; (2) any such Series Resolution will restate and reaffirm, by reference, all of the applicable terms, conditions, and provisions of the Bond Resolution not modified by the Series Resolution; and (3) all additional Bonds, any Series Resolution providing for such additional Bonds, and all proceedings relative thereto and the security therefor shall be validated as then prescribed by law; and WHEREAS, the Master Resolution requires a Series Resolution to establish the date or dates of the pertinent series of Bonds, the schedule of maturities of such Bonds, whether any such Bonds will be Compound Interest Bonds, the name of the purchaser(s) of such series of Bonds, the purchase price thereof, the rate or rates of interest to be borne thereby, whether fixed or variable, the interest payment dates for such Bonds, the terms and conditions, if any, under which such Bonds may be made subject to redemption (mandatory or optional) prior to maturity, the form of such Bonds, and such other details as the Consolidated Government may determine; and WHEREAS, upon the issuance of the Series 2019 Bond, the Prior Bonds and the Series 2019 Bond will be the only outstanding water and sewerage revenue bonds having a lien on the Pledged Revenues and the Prior Bonds, the Series 2019 Bond, and any Additional Bonds will be payable solely from, and secured by, a first priority pledge of and lien on Pledged Revenues; and WHEREAS, prior to the actual issuance and delivery of the Series 2019 Bond herein authorized to be issued, the Consolidated Government will enter into a registrar and paying agency agreement with U.S. Bank National Association, Atlanta, Georgia, pursuant to which said bank will agree to act as Paying Agent and as Bond Registrar (the “Paying Agent” and “Bond Registrar”) for the Series 2019 Bond and to perform various functions with respect to the Series 2019 Bond, including, but not limited to, the authentication of the bonds of this issue by the manual signature of a duly authorized signatory of the entity, as Bond Registrar, the registration, transfer, exchange, and related mechanical and clerical functions, as well as the preparation, signing, and issuance of checks and drafts in payment of the principal of and interest on the Series 2019 Bond as same become due and payable either at maturity or by proceedings for redemption; NOW, THEREFORE, BE IT RESOLVED by the Augusta-Richmond County Commission, as follows: -4- ARTICLE I DEFINITIONS Section 1.1. Definitions. The definitions contained in the Prior Resolution are hereby amended, modified, and supplemented as follows, and the following terms shall have the meanings specified below, unless the context clearly requires otherwise. “Bond Registrar” means, with respect to the Series 2019 Bond, U.S. Bank National Association. “Interest Payment Date” means, with respect to the Series 2019 Bond, each April 1 and October 1, commencing April 1, 2020. “Paying Agent” means, with respect to the Series 2019 Bond, U.S. Bank National Association. “Principal Maturity Date” means, with respect to the Series 2019 Bond, each October 1 on which principal is to become due on the Series 2019 Bond, commencing October 1, 2021. “Prior Bonds” means, collectively, the Series 2012 Bonds, the Series 2013 Bonds, the Series 2014 Bonds, and the Series 2017 Bonds. “Prior Resolution” means the Master Resolution, as supplemented and amended by the Series 2013 Resolution, the Series 2014 Resolution, and the Series 2017 Resolution. “Purchaser” means, for purposes of the Series 2019 Bond, [NAME OF PURCHASER]. “Record Date” means, with respect to the Series 2019 Bond, the 15th day (whether or not a business day) of the calendar month next preceding an Interest Payment Date. “Series 2019 Bond” means the Consolidated Government’s Water and Sewerage Taxable Revenue Bond, Series 2019, in the original principal amount of $__________, authorized under Section 2.1. “Series 2019 Capital Improvement Account” means the Series 2019 Capital Improvement Account within the Construction Fund established in Article IV. “Series 2019 Project” means the Project as (1) generally described in the “[NAME OF REPORT],” dated ______ 2019 and prepared by [the Consolidated Government’s consulting engineers, ZEL Engineers, Augusta, Georgia], and (2) particularly described in plans and specifications on file from time to time with the Consolidated Government. “2019 Purchase Agreement” means the Bond Purchase Agreement, to be dated the date of its execution and delivery, between the Consolidated Government and the Purchaser, relating to the Series 2019 Bond, as amended, modified, or replaced. -5- “2019 Registrar and Paying Agent Agreement” means the Registrar and Paying Agent Agreement, to be dated the date of its execution and delivery, between the Consolidated Government and U.S. Bank National Association, relating to the Series 2019 Bond, as amended, modified, or replaced. “Series 2019 Resolution” means this Series 2019 Bond Resolution. [End of Article I] -6- ARTICLE II THE SERIES 2019 BOND Section 2.1. Authorization; Designation of Series 2019 Bond. The Consolidated Government hereby authorizes the execution, issuance, and delivery of a Bond, in the original principal amount of $__________, to be designated “Augusta, Georgia Water and Sewerage Taxable Revenue Bond, Series 2019,” which shall be executed, issued, and delivered under, and secured by, the Prior Resolution, as supplemented and amended by this Series 2019 Resolution. Section 2.2. Parity Certification. The Series 2019 Bond shall be an Additional Bond payable from and secured by Pledged Revenues and shall rank on a parity as to the pledge of and lien on the Pledged Revenues with the Prior Bonds, pursuant to authorization granted by Article VI of the Master Resolution. The Consolidated Government hereby finds, determines, declares, and certifies that it has fulfilled, or will fulfill, prior to the issuance and delivery of the Series 2019 Bond, all of the applicable requirements of Article VI of the Master Resolution that are conditions precedent to the issuance of the Series 2019 Bond as an Additional Bond, namely: (a) There will be procured and filed with the Consolidated Government either: (i) a report by an Independent Certified Public Accountant to the effect that the historical Net Operating Revenues and Investment Earnings (excluding Investment Earnings, if any, on the Construction Fund) for a period of 12 consecutive months of the most recent 24 consecutive months prior to the issuance of the proposed Additional Bond were equal to at least 125% of the maximum annual Debt Service Requirement on all Prior Lien Bonds and Senior Bonds that will be Outstanding immediately after the issuance of the proposed Additional Bond, in the then current or any succeeding Fiscal Year, or (ii) (1) a report by an Independent Certified Public Accountant to the effect that the historical Net Operating Revenues and Investment Earnings (excluding Investment Earnings, if any, on the Construction Fund) for a period of 12 consecutive months of the most recent 24 consecutive months prior to the issuance of the proposed Additional Bond were equal to at least 125% of the historical Debt Service Requirement on all Prior Lien Bonds and Senior Bonds that were Outstanding during such 12 month period, and (2) a report by an Independent Consulting Engineer to the effect that (A) the forecasted Net Operating Revenues and Investment Earnings (excluding Investment Earnings, if any, on the Construction Fund) for the period beginning on the expected date of issuance of the proposed Additional Bond and ending on the date of commencement of the Forecast Period are expected to equal at least 100% of the Debt Service Requirement during such period on all Prior Lien Bonds and Senior Bonds that will be Outstanding immediately after the issuance of the proposed Additional Bond, after taking into account amounts deposited into the Capitalized Interest Account, and (B) the forecasted Net Operating Revenues and Investment Earnings (excluding Investment Earnings, if any, on the Construction Fund) for each Fiscal Year in the Forecast Period are expected to equal -7- at least 125% of the maximum annual Debt Service Requirement on all Prior Lien Bonds and Senior Bonds that will be Outstanding immediately after the issuance of the proposed Additional Bond, in the then current or any succeeding Fiscal Year. (b) The Consolidated Government will receive a report from an Independent Certified Public Accountant to the effect that the payments required to be made into each account of the Sinking Fund have been made and the balance in each account of the Sinking Fund is not less than the balance required by the Bond Resolution as of the date of issuance of the Series 2019 Bond. (c) This Series 2019 Resolution requires the proceeds of the Series 2019 Bond to be used to make capital improvements to the System, to fund interest on the Series 2019 Bond, to acquire existing or proposed water or sewer utilities, to refund other obligations issued for such purposes (whether or not such refunding Bonds satisfy the requirements of Section 6.2 of the Master Resolution), to fund debt service reserve funds for Bonds, and to pay expenses incidental thereto and to the issuance of the Series 2019 Bond. (d) The Series 2019 Bond will not bear interest at a Variable Rate. (e) The Administrator of the Consolidated Government and the Director of the Utilities Department of the Consolidated Government will certify, by written certificate dated as of the date of issuance of the Series 2019 Bond, that the Consolidated Government is in compliance with all requirements of the Bond Resolution. (e) The Consolidated Government will receive an opinion of Bond Counsel, dated as of the date of issuance of the Series 2019 Bond, to the effect that this Series 2019 Resolution and any related Supplemental Resolution have been duly adopted by the Consolidated Government. The Consolidated Government hereby certifies and recites that the requirements of Article VI of the Master Resolution for the issuance of the Series 2019 Bond as an Additional Bond have been, or will, prior to the issuance and delivery of the Series 2019 Bond, be, satisfied, and the Series 2019 Bond shall be treated as an Additional Bond secured under and pursuant to the Bond Resolution equally and ratably with the Prior Bonds. Section 2.3. Series 2019 Bond Details. The Series 2019 Bond shall be dated the date of its issuance and delivery, shall be issued only as a single, fully registered bond in the principal amount of $__________ without coupons, shall be transferable to subsequent owners as hereinafter provided, shall be numbered R-1, shall bear interest from the date hereof at a rate of ____% per annum, all interest payable April 1, 2020 and semiannually thereafter on the 1st days of October and April in each year, and the principal shall be due and payable on the 1st day of October, in the years and amounts as follows, unless earlier called for redemption: -8- Year Principal Amount 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 All sums becoming due on the Series 2019 Bond for principal, premium, if any, and interest shall be paid in lawful money of the United States of America by the method and at the address specified for such purpose by the registered owner of the Series 2019 Bond in writing to the Bond Registrar, without the presentation or surrender of the Series 2019 Bond or the making of any notation thereon, except that upon the written request of the Consolidated Government made concurrently with or reasonably promptly after payment or redemption in full of the Series 2019 Bond, the registered owner of the Series 2019 Bond shall surrender the Series 2019 Bond for cancellation, reasonably promptly after any such request, to the Bond Registrar. Prior to any sale or other disposition of the Series 2019 Bond, the registered owner of the Series 2019 Bond shall endorse thereon the amount of principal paid thereon and the last date to which interest has been paid thereon. All payments of principal of the Series 2019 Bond (whether at maturity or upon redemption), including the date and amount of each payment, shall be endorsed by the registered owner of the Series 2019 Bond on the Schedule of Payments and Redemptions attached to the Series 2019 Bond; provided, however, that any failure by the registered owner of the Series 2019 Bond to endorse such information on such Schedule shall not in any manner affect the obligation of the Consolidated Government to make payments of principal and interest in accordance with the terms of the Series 2019 Bond. The Consolidated Government hereby irrevocably authorizes and directs the registered owner of the Series 2019 Bond to enter on the Schedule of Payments and Redemptions the date and amount of each payment of principal of the Series 2019 Bond. The registered owner of the Series 2019 Bond shall permit the Consolidated Government at any time during regular business hours to make at the principal office of such registered owner an appropriate notation on the Series 2019 Bond of payments of principal thereof, if at least five days prior thereto the Consolidated Government shall have given written notice of its intention to do so and if it shall not have received from the registered owner of the Series 2019 Bond a written confirmation that the requested notation has been made. Section 2.4. Form of Series 2019 Bond. The Series 2019 Bond, the Validation Certificate, and the Bond Registrar’s Certificate of Authentication shall be in substantially the form set out below, with such variations, omissions, substitutions, and insertions as are required or permitted by the Bond Resolution. -9- [FORM OF SERIES 2019 BOND] THIS BOND AND THE INSTRUMENTS HEREINAFTER DESCRIBED ARE SUBJECT TO AN INVESTMENT LETTER AGREEMENT AND MAY NOT BE SOLD, TRANSFERRED, ASSIGNED, OR OTHERWISE DISPOSED OF EXCEPT PURSUANT TO THE TERMS OF SUCH INVESTMENT LETTER AGREEMENT. UNITED STATES OF AMERICA STATE OF GEORGIA AUGUSTA, GEORGIA WATER AND SEWERAGE TAXABLE REVENUE BOND, SERIES 2019 Number R- ___ $__________ Maturity Date Interest Rate Dated As Stated Below ____% ________, 2019 Registered Owner: Principal Amount: KNOW ALL MEN BY THESE PRESENTS that AUGUSTA, GEORGIA (the “Consolidated Government”), a political subdivision of the State of Georgia, existing as such under and by virtue of the Constitution, statutes and laws of the State of Georgia, for value received, hereby promises to pay (but only out of the sources provided) to the registered owner identified above, or registered assigns, the principal sum identified above on the 1st day of October, in the years and amounts, as follows: Year Principal Amount 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 -10- and to pay (but only out of the sources provided) to the registered owner hereof interest on the principal amount from the date hereof or from the most recent Interest Payment Date (as hereinafter defined) to which interest has been paid, at the rate per annum specified above (computed on the basis of a 360-day year consisting of twelve 30-day months), on April 1, 2020 and semiannually thereafter on the 1st days of October and April in each year (each an “Interest Payment Date”), until the payment of the principal amount of this Bond in full, and promises to pay interest on overdue principal and, to the extent permitted by law, on overdue premium, if any, and interest, at such rate. All sums becoming due on this Bond for principal, premium, if any, and interest shall be paid by the method and at the address specified for such purpose by the registered owner of this Bond in writing to U.S. Bank National Association, Atlanta, Georgia, as registrar and paying agent (the “Bond Registrar” or the “Paying Agent”), without the presentation or surrender of this Bond or the making of any notation hereon, except that upon the written request of the Consolidated Government made concurrently with or reasonably promptly after payment or redemption in full of this Bond, the registered owner of this Bond shall surrender this Bond for cancellation, reasonably promptly after any such request, to the Bond Registrar. Prior to any sale or other disposition of this Bond, the registered owner of this Bond shall endorse hereon the amount of principal paid hereon and the last date to which interest has been paid hereon. All payments of principal of this Bond (whether at maturity or upon redemption), including the date and amount of each payment, shall be endorsed by the registered owner of this Bond on the Schedule of Payments and Redemptions attached to this Bond; provided, however, that any failure by the registered owner of this Bond to endorse such information on such Schedule shall not in any manner affect the obligation of the Consolidated Government to make payments of principal and interest in accordance with the terms of this Bond. The Consolidated Government hereby irrevocably authorizes and directs the registered owner of this Bond to enter on the Schedule of Payments and Redemptions the date and amount of each payment of principal of this Bond. This Bond is the only bond of a duly authorized issue limited in original principal amount to $__________ issued by the Consolidated Government pursuant to and in full compliance with the provisions of the Constitution and statutes of the State of Georgia, including specifically, but without limitation, Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, known as the “Revenue Bond Law,” as amended. This Bond has been authorized by a Series 2019 Bond Resolution duly adopted by the Consolidated Government on November 5, 2019 (the “Series 2019 Resolution”), for the purpose of (i) financing the costs of making additions, extensions, and improvements to the Consolidated Government’s existing water and sewer system (the “System”), (ii) funding a debt service reserve account for the Senior Bonds (as defined in the Bond Resolution (as hereinafter defined)), and (iii) paying the expenses necessary to accomplishing the foregoing. This Bond is issued under, and the Series 2019 Resolution was adopted subject to and in conformity with, the provisions of a Master Bond Resolution (the “Master Resolution”) duly adopted by the Consolidated Government on October 16, 2012, as supplemented and amended by a Parity Bond Resolution duly adopted on June 18, 2013 and a Supplemental Bond Resolution duly adopted on July 16, 2013 (collectively the “Series 2013 Resolution”), as further -11- supplemented and amended by a Series 2014 Bond Resolution duly adopted on August 25, 2014 and a Supplemental Series 2014 Bond Resolution duly adopted on September 16, 2014 (collectively the “Series 2014 Resolution”), and as further supplemented and amended by a Series 2017 Bond Resolution duly and validly adopted on September 5, 2017 and a Supplemental Series 2017 Bond Resolution duly and validly adopted on October 17, 2017 (collectively the “Series 2017 Resolution”), authorizing the issuance of (1) $138,830,000 in original aggregate principal amount of its Water and Sewerage Revenue Refunding and Improvement Bonds (Second Resolution), Series 2012 (the “Series 2012 Bonds”), which are currently outstanding in the aggregate principal amount of $134,675,000; (2) $22,070,000 in original aggregate principal amount of its Water and Sewerage Taxable Revenue Bonds (Second Resolution), Series 2013 (the “Series 2013 Bonds”), which are currently outstanding in the aggregate principal amount of $16,615,000; (3) $169,180,000 in original aggregate principal amount of its Water and Sewerage Revenue Refunding and Improvement Bonds (Second Resolution), Series 2014 (the “Series 2014 Bonds”), which are currently outstanding in the aggregate principal amount of $164,770,000; and (4) $94,895,000 in original aggregate principal amount of its Water and Sewerage Revenue Refunding Bonds, Series 2017 (the “Series 2017 Bonds”), all of which are currently outstanding. Under the terms of the Master Resolution, as supplemented and amended by the Series 2013 Resolution, the Series 2014 Resolution, and the Series 2017 Resolution (collectively the “Prior Resolution”), the Series 2012 Bonds, the Series 2013 Bonds, the Series 2014 Bonds, and the Series 2017 Bonds (collectively the “Prior Bonds”) were payable solely from and secured by a first priority pledge of and lien on the Pledged Revenues (as defined in the Bond Resolution). The Master Resolution provides for the issuance under certain conditions of Additional Bonds (as defined in the Master Resolution) payable from and secured by Pledged Revenues and ranking on a parity as to the pledge of and lien on the Pledged Revenues with the Prior Bonds. This Bond has been issued under the provisions of the Master Resolution authorizing the issuance of Additional Bonds and, as an Additional Bond, will be payable from and secured by Pledged Revenues and will rank on a parity as to the pledge of and lien on the Pledged Revenues with the Prior Bonds. This Bond is issued under and, together with the Prior Bonds, are equally and ratably secured by and entitled to the benefit of the Prior Resolution, as supplemented and amended by the Series 2019 Resolution (collectively the “Bond Resolution”). [This Bond may not be called for optional redemption prior to October 1, 20__. This Bond is subject to redemption prior to maturity at the option of the Consolidated Government on or after October 1, 20__, in whole at any time or in part on any Interest Payment Date, at the redemption price of 100% of the principal amount thereof plus accrued interest on such redemption date. Any partial redemptions of this Bond shall be applied to the annual principal payments due on this Bond in the inverse order of their maturities.] Notice of redemption, unless waived, is to be given by first class mail at least 30 days and not more than 60 days prior to the date fixed for redemption to the registered owner of this Bond at the address shown on the Bond Register or at such other address as is furnished in writing by such registered owner to the Bond Registrar. This Bond having been called for redemption and for the retirement of which funds are duly provided shall, on the redemption date designated in such notice, become and be due and payable at the redemption price provided for redemption of -12- this Bond on such date, and interest on this Bond or portions of this Bond so called for redemption shall cease to accrue, this Bond or such portions of this Bond shall cease to be entitled to any lien, benefit, or security under the Bond Resolution, and the owner of this Bond or such portions of this Bond shall have no rights in respect thereof except to receive payment of the redemption price. Any defect in any notice of redemption shall not affect the validity of proceedings for the redemption of this Bond. This Bond shall be issued as a single, fully registered bond without coupons in the original principal amount of $__________. This Bond is transferable by the registered owner at the designated corporate trust office of the Bond Registrar but only in the manner, subject to the limitations, and upon payment of the charges provided in the Bond Resolution and upon surrender of this Bond. Upon such transfer, a new single, fully registered Bond of the same series, maturity, interest rate, remaining principal amount, and tenor, of any authorized denomination, and bearing a number not then outstanding, will be issued to the transferee in exchange for this Bond. Each such new Bond shall be payable to such person as the former registered owner of this Bond may request and shall be issued as a single, fully registered bond. Each such new Bond shall be dated and bear interest from the date to which interest shall have been paid on the surrendered Bond or dated the date of the surrendered Bond if no interest shall have been paid hereon. This Bond shall not be transferred in a denomination of less than the unpaid principal amount of the surrendered Bond. No transfer of this Bond shall be made until the transferee has executed and delivered to the Consolidated Government an investment letter substantially in the form delivered to the Consolidated Government in connection with the initial delivery of this Bond. The Bond Registrar is not required to transfer or exchange this Bond after notice calling this Bond for redemption has been given or during the period of 15 days (whether or not a business day for the Bond Registrar, but excluding the redemption date and including such 15th day) immediately preceding the giving of such notice of redemption. The Prior Bonds, this Bond, and such revenue bonds of the Consolidated Government as may in the future be issued on a parity therewith, are equally and ratably secured by pledge of the “Pledged Revenues” of the System, which are defined in the Bond Resolution to include gross operating revenues of the System after provision for payment of all reasonable expenses of operation and maintenance, moneys and securities from time to time on deposit in the funds and accounts established in the Bond Resolution, earnings on investments made with the foregoing moneys and securities, and Hedge Receipts (as defined in the Bond Resolution) and to exclude any amounts required in the Bond Resolution to be set aside pending, or used for, rebate to the United States government pursuant to Section 148(f) of the Internal Revenue Code of 1986, as amended, including, but not limited to, amounts in the Rebate Fund (as defined in the Bond Resolution). THIS BOND SHALL NEVER CONSTITUTE AN INDEBTEDNESS OR GENERAL OBLIGATION OF THE STATE OF GEORGIA, THE CONSOLIDATED GOVERNMENT, OR ANY OTHER POLITICAL SUBDIVISION OF THE STATE OF GEORGIA, WITHIN THE MEANING OF ANY CONSTITUTIONAL PROVISION OR STATUTORY LIMITATION WHATSOEVER, NOR A PLEDGE OF THE FAITH AND CREDIT OR TAXING POWER OF ANY OF THE FOREGOING, NOR SHALL ANY OF THE FOREGOING BE SUBJECT TO ANY PECUNIARY LIABILITY HEREON. THIS BOND -13- SHALL NOT BE PAYABLE FROM NOR A CHARGE UPON ANY FUNDS OTHER THAN THE REVENUES PLEDGED TO THE PAYMENT HEREOF AND SHALL BE A LIMITED OR SPECIAL OBLIGATION OF THE CONSOLIDATED GOVERNMENT PAYABLE SOLELY FROM THE FUNDS PROVIDED THEREFOR IN THE BOND RESOLUTION. NO OWNER OF THIS BOND SHALL EVER HAVE THE RIGHT TO COMPEL THE EXERCISE OF THE TAXING POWER OF THE STATE OF GEORGIA, THE CONSOLIDATED GOVERNMENT, OR ANY OTHER POLITICAL SUBDIVISION OF THE STATE OF GEORGIA TO PAY THE PRINCIPAL OF THIS BOND OR THE INTEREST OR ANY PREMIUM HEREON, OR TO ENFORCE PAYMENT HEREOF AGAINST ANY PROPERTY OF THE FOREGOING, NOR SHALL THIS BOND CONSTITUTE A CHARGE, LIEN, OR ENCUMBRANCE, LEGAL OR EQUITABLE, UPON ANY PROPERTY OF THE FOREGOING. NEITHER THE MEMBERS OF THE GOVERNING BODY OF THE CONSOLIDATED GOVERNMENT NOR ANY PERSON EXECUTING THIS BOND SHALL BE LIABLE PERSONALLY ON THIS BOND BY REASON OF THE ISSUANCE HEREOF. The Consolidated Government has covenanted and hereby covenants and agrees while this Bond is outstanding and unpaid to prescribe, fix, maintain, and collect rates, fees, and other charges for the services, facilities, and commodities furnished by the System fully sufficient at all times to: (i) provide for 100% of the expenses of operation and maintenance of the System and for the accumulation in the Revenue Fund (as defined in the Bond Resolution) of a reasonable reserve therefor, and (ii) produce net operating revenues in each Fiscal Year (as defined in the Bond Resolution) that, together with certain investment earnings, will: (a) equal at least 110% of the debt service requirement on all Senior Bonds (as defined in the Bond Resolution) then outstanding and 100% of the debt service requirement on all Subordinate Bonds (as defined in the Bond Resolution) then outstanding, (b) enable the Consolidated Government to make all required payments into the Debt Service Reserve Account and the Rebate Fund and to any Financial Facility Issuer, any Reserve Account Credit Facility Provider, and any Qualified Hedge Provider (as each is defined in the Bond Resolution), (c) enable the Consolidated Government to accumulate an amount to be held in the Utility General Fund (as defined in the Bond Resolution), which in the judgment of the Consolidated Government is adequate to meet the costs of major renewals, replacements, repairs, additions, betterments, and improvements to the System, necessary to keep the same in good operating condition or as is required by any governmental agency having jurisdiction over the System, and (d) remedy all deficiencies in required payments into any of the funds and accounts mentioned in the Bond Resolution from prior Fiscal Years. The Bond Resolution contains a more particular statement of the covenants and provisions securing this Bond, the conditions under which the owner of this Bond may enforce covenants (other than the covenant to pay principal of and interest on this Bond when due from the sources provided, the right to enforce which is unconditional), the conditions upon which additional revenue bonds may be issued on a parity or achieve parity status with this Bond under the Bond Resolution, and the conditions upon which the Bond Resolution may be amended with the consent of the owners of a majority in aggregate principal amount of the Bonds (as defined in the Bond Resolution) of each class (senior and subordinate) outstanding or the issuer of any Credit Facility (as defined in the Bond Resolution), if any, of such Bonds. Upon the occurrence -14- of an Event of Default under the Bond Resolution, the owner of this Bond shall be entitled to the remedies provided by the Bond Resolution and the Revenue Bond Law. It is hereby certified, recited, and declared that all acts, conditions, and things required to exist, happen, and be performed precedent to and in the issuance of this Bond do exist, have happened, and have been performed in due time, form, and manner as required by law. This Bond shall not be entitled to any security or benefit under the Bond Resolution or become valid or obligatory for any purpose until the certificate of authentication hereon shall have been duly executed by the Bond Registrar. IN WITNESS WHEREOF, the Consolidated Government has caused this Bond to be executed by the manual signature of its Mayor and has caused the official seal of the Consolidated Government to be impressed on this Bond and attested by the manual signature of its Clerk of Commission. (SEAL) AUGUSTA, GEORGIA By: Mayor Attest: Clerk of Commission -15- [FORM OF CERTIFICATE OF AUTHENTICATION] BOND REGISTRAR’S CERTIFICATE OF AUTHENTICATION This Bond is the only bond of the series described in the within mentioned Bond Resolution. U.S. BANK NATIONAL ASSOCIATION, as Bond Registrar By: Authorized Signatory Date of Registration and Authentication: _____________________, ______ [FORM OF VALIDATION CERTIFICATE] VALIDATION CERTIFICATE STATE OF GEORGIA ) ) COUNTY OF RICHMOND ) The undersigned Clerk of the Superior Court of Richmond County, State of Georgia, DOES HEREBY CERTIFY that this Bond and the security therefor was validated and confirmed by judgment of the Superior Court of Richmond County, in Civil Action File No. ___________, on the ____ day of __________ 2019, that no intervention or objection was filed opposing the validation of this Bond and the security therefor, and that no appeal of such judgment of validation has been taken. IN WITNESS WHEREOF, I have hereunto set my hand and have impressed hereon the official seal of the Superior Court of Richmond County, Georgia. (SEAL) Clerk, Superior Court of Richmond County, Georgia -16- SCHEDULE OF PAYMENTS AND REDEMPTIONS Date of Payment Amount of Payment Notation Made By Date of Payment Amount of Payment Notation Made By -17- The following abbreviations, when used in the inscription on this Bond or in the assignment below, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common and not as community property UNIF TRANS MIN ACT - ______________________ Custodian ______________________ (Custodian) (Minor) under Uniform Transfers to Minors Act _____________________ (State) Additional abbreviations may be used although not in the above list. [FORM OF ASSIGNMENT] ASSIGNMENT AND TRANSFER FOR VALUE RECEIVED, the undersigned sells, assigns, and transfers unto (Name and Address of Assignee) (Insert Social Security or Taxpayer Identification Number of Assignee) the within revenue bond of Augusta, Georgia and does hereby irrevocably constitute and appoint ______________________________ attorney to transfer the Bond on the books kept for registration thereof with full power of substitution in the premises. Dated: Registered Owner Notice: The signature(s) on this assignment must correspond with the name as it appears on the face of the within bond in every particular without alteration or enlargement or any change whatsoever. [END OF BOND FORM] [End of Article II] -18- ARTICLE III REDEMPTION OF SERIES 2019 BOND Section 3.1. Optional Redemption of Series 2019 Bond. [The Series 2019 Bond may not be called for optional redemption prior to October 1, 20__. The Series 2019 Bond is subject to redemption prior to maturity at the option of the Authority on or after October 1, 20__, in whole at any time or in part on any Interest Payment Date, at the redemption price of 100% of the principal amount thereof plus accrued interest on such redemption date.] [End of Article III] -19- ARTICLE IV SALE OF SERIES 2019 BOND; CONSTRUCTION FUND; APPLICATION OF PROCEEDS Section 4.1. Sale of Series 2019 Bond. The Series 2019 Bond shall be sold as a unit, and a certified copy of this Series 2019 Resolution shall be filed with the Bond Registrar. Section 4.2. Series 2019 Capital Improvement Account. The Consolidated Government hereby establishes a separate special account for the Construction Fund designated as the “Series 2019 Capital Improvement Account.” Proceeds from the sale of the Series 2019 Bond shall be deposited in the Series 2019 Capital Improvement Account pursuant to Section 4.3 of this Series 2019 Resolution. The amount deposited in the Series 2019 Capital Improvement Account, together with earnings thereon, shall be held and paid out in accordance with Article IV of the Master Resolution, invested in accordance with the provisions of the Bond Resolution, and applied only to payment of Costs of the Series 2019 Project. Section 4.3. Application of Proceeds of Series 2019 Bond. Upon the written request of the Consolidated Government, the Bond Registrar shall authenticate and deliver the Series 2019 Bond to the Purchaser and shall receive a receipt for the Series 2019 Bond. The Consolidated Government shall apply the proceeds from the sale of the Series 2019 Bond as follows: (i) The sum of $_________, or such other amount as shall be necessary, shall be deposited in the Debt Service Reserve Account held within the Sinking Fund; and (ii) The balance of the proceeds ($_________ or such other remaining amount) from the sale of the Series 2019 Bond shall be deposited into the Series 2019 Capital Improvement Account to pay Costs of the Series 2019 Project, including costs of issuing the Series 2019 Bond. [End of Article IV] -20- ARTICLE V MISCELLANEOUS PROVISIONS Section 5.1. Continuance and Effect of Bond Resolution. The Consolidated Government hereby confirms the existence and applicability of the Bond Resolution and ratifies, restates, and reaffirms its representations, warranties, covenants, and agreements and all of the applicable terms, conditions, and provisions as set forth in the Bond Resolution and as supplemented and amended by this Series 2019 Resolution. Except where otherwise expressly indicated in this Series 2019 Resolution, the provisions of the Bond Resolution are to be read as part of this Series 2019 Resolution as though copied verbatim herein, and provisions of this Series 2019 Resolution shall be read as additions to, and not as substitutes for or modifications of (except as otherwise specifically provided herein), the provisions of the Bond Resolution. Except as expressly amended, modified, or supplemented by this Series 2019 Resolution, all of the terms, conditions, and provisions of the Bond Resolution shall remain in full force and effect. In executing and delivering this Series 2019 Resolution, the Consolidated Government shall be entitled to all powers, privileges, and immunities afforded to the Consolidated Government and shall be subject to all the duties, responsibilities, and obligations of the Consolidated Government under the Bond Resolution. Except as expressly amended, modified, or supplemented by this Series 2019 Resolution, all of the terms, conditions, and provisions of the Bond Resolution are hereby declared applicable to and broadened and extended so as to cover the Series 2019 Bond and shall for all purposes apply to the Series 2019 Bond as if the Series 2019 Bond had been originally issued under the Consolidated Government of the Bond Resolution simultaneously with the Prior Bonds. Section 5.2. Designation of Bond Registrar, Paying Agent, and Construction Fund Depository. The Consolidated Government hereby designates U.S. Bank National Association, Atlanta, Georgia, as Bond Registrar and Paying Agent for the Series 2019 Bond. The Consolidated Government hereby designates ____________, _________, Georgia, as Construction Fund Depository for the Series 2019 Capital Improvement Account of the Construction Fund. Section 5.3. Validation of Series 2019 Bond. The Consolidated Government shall deliver a certified copy of this Series 2019 Resolution with an appropriate notice to the District Attorney for the Augusta Judicial Circuit accompanied by the request that the District Attorney proceed with the validation of the Series 2019 Bond. Section 5.4. Authorization of 2019 Registrar and Paying Agent Agreement. The form, terms, and conditions and the execution, delivery, and performance of the 2019 Registrar and Paying Agent Agreement, which has been filed with the Consolidated Government, are hereby approved and authorized. The 2019 Registrar and Paying Agent Agreement shall be in substantially the form submitted to the Governing Body with such changes, corrections, deletions, insertions, variations, additions, or omissions as may be approved by the Mayor, whose approval thereof shall be conclusively evidenced by the execution of such contract. The Mayor is hereby authorized and directed to execute on behalf of the Consolidated Government the 2019 Registrar and Paying Agent Agreement, and the Clerk of Commission is hereby -21- authorized and directed to affix thereto and attest the seal of the Consolidated Government, upon proper execution and delivery of the other party thereto, provided, that in no event shall any such attestation or affixation of the seal of the Consolidated Government be required as a prerequisite to the effectiveness thereof, and the Mayor and Clerk of Commission are authorized and directed to deliver such contract on behalf of the Consolidated Government. Section 5.5. Authorization of 2019 Purchase Agreement. The Consolidated Government shall be, and hereby is, authorized to enter into the 2019 Purchase Agreement with the Purchaser, providing for the sale of the Series 2019 Bond to the Purchaser at a purchase price equal to $__________. The 2019 Purchase Agreement shall be in substantially the form submitted to the Governing Body with such changes, corrections, deletions, insertions, variations, additions, or omissions as may be approved by the Mayor, whose approval thereof shall be conclusively evidenced by the execution of such contract. The Mayor is hereby authorized and directed to execute on behalf of the Consolidated Government the 2019 Purchase Agreement, and the Clerk of Commission is hereby authorized and directed to affix thereto and attest the seal of the Consolidated Government, upon proper execution and delivery of the other party thereto, provided, that in no event shall any such attestation or affixation of the seal of the Consolidated Government be required as a prerequisite to the effectiveness thereof, and the Mayor and Clerk of Commission are authorized and directed to deliver such contract on behalf of the Consolidated Government. Section 5.6. Effective Date. This Series 2019 Resolution shall take effect immediately upon its adoption. Section 5.7. Repeal of Conflicting Resolutions. Any and all resolutions, or parts of resolutions, if any, in conflict with this Series 2019 Resolution are hereby repealed. Section 5.8. General Authorization. From and after the date of adoption of this Series 2019 Resolution, the officials, employees, and agents of the Consolidated Government are hereby authorized to do all such acts and things and to execute and deliver any and all other documents, agreements, certificates, and instruments as may be necessary or desirable in connection with the execution, delivery, and sale of the Series 2019 Bond, the investment of the proceeds of the Series 2019 Bond, and the transactions contemplated on the part of the Consolidated Government by the Series 2019 Resolution. The Mayor and Clerk of Commission are hereby authorized and directed to prepare and furnish to the Purchaser, when the Series 2019 Bond is issued, certified copies of all proceedings and records of the Consolidated Government relating to the Series 2019 Bond or to this Series 2019 Resolution, and such other affidavits and certificates as may be required to show the facts relating to the legality and marketability of the Series 2019 Bond as such facts appear from the books and records in the officers’ custody and control or as otherwise known to them. All such certified copies, certificates, and affidavits, including any heretofore furnished, shall constitute representations of the Consolidated Government as to the truth of all statements contained therein. In the absence of the Mayor, the Mayor Pro Tem may take any action, or execute and deliver any document, agreement, or other writing, which the Mayor is authorized to execute and deliver pursuant to this Series 2019 Resolution. An Assistant or Deputy Clerk of Commission may attest any execution of any document, agreement, or writing by the Mayor or the Mayor Pro -22- Tem, in the same manner as the Clerk of Commission would be authorized to attest any such execution. Section 5.9. Waiver of Bond Audit. The Consolidated Government hereby approves the publication of the requisite legal notice waiving the performance audit and performance review requirements of Section 36-82-100 of the Official Code of Georgia Annotated. Section 5.10. Bond Resolution Constitutes a Contract. This Series 2019 Resolution supplements and amends a contract with the Bondholders binding the Consolidated Government, and therefore it is proper and appropriate for the Mayor to execute the same on behalf of the Consolidated Government and for the Clerk of Commission to attest the same. [Signatures on following page] -23- PASSED, ADOPTED, SIGNED, APPROVED, and EFFECTIVE this 5th day of November 2019. AUGUSTA, GEORGIA (SEAL) By: Mayor Attest: Clerk of Commission EXHIBIT A PROJECT LIST [Attached] UTILITIES DEPARTMENT Tom Wiedmeier, P.E. Horace Luke, Assistant Director Director Fort Gordon Operations and Maintenance Page 1 of 3 Augusta Utilities Department 452 Walker Street, Suite 200, Augusta, GA 30901 (706) 828-7152 WWW.AUGUSTAGA.GOV Fort Gordon Project List Proposal Project A: Cyber CoE San Sewer Ext (N. Trunk) $3,500,000.00 Project B: 15th St Collector San Sewer $7,423,000.00 Project C: Cross‐Basin Lift Station & Force Main $5,486,000.00 Project D1: Cyber CoE Campus Utilities MCA1 $1,992,000.00 Project D2: Cyber CoE Campus Utilities MCA2 $996,000.00 Project D3: Cyber CoE Campus Utilities MCA3 $996,000.00 Project D4: Cyber CoE Campus Utilities MCA4 $996,000.00 Project E: Cyber CoE 8th Ave Water Main $3,810,000.00 $25,199,000.00 Projects Project A: Cyber CoE Campus Sanitary Sewer Extension (North Basin Sanitary Sewer Trunk Main) 1. Scope of Work: Construct 12,000 feet of 8” to 20” sanitary sewer to serve the new Cyber CoE campus facilities with a new sanitary sewer trunk main from 8th Avenue toward Willard Training Area and down off post to AUD’s system at Butler Creek. The new trunk main would separate the campus collection system from the East Basin into a new North Basin. It would remove the campus flow from the top of the East Basin, which frees capacity in the downstream collection system. This trunk main is expected to accept flow from the proposed Cross Basin Lift Station, which will re-route wastewater flow from the Spirit Creek Basin to the Butler Creek Basin. Project map attached. Note: The new sewer trunk main will allow for possible future extension of the sanitary sewer system to other locations on base, such as to the 67th Motor Pool. 2. Proposed Cost: $3.50 million UTILITIES DEPARTMENT Tom Wiedmeier, P.E. Horace Luke, Assistant Director Director Fort Gordon Operations and Maintenance Page 2 of 3 Augusta Utilities Department 452 Walker Street, Suite 200, Augusta, GA 30901 (706) 828-7152 WWW.AUGUSTAGA.GOV Project B: 15th Street Collector Sanitary Sewer 1. Scope of Work: Construct 6,500 feet of 27” sanitary sewer. AUD plans to accommodate the added flow from the NSA, ARCYBER and other planned facilities with a new 27” sanitary sewer that will replace the existing lined 21” sewer along 15th Street. Project map attached. Project cost does not include paving 15th Street. 2. Proposed Cost: $7.423 million Project C: Cross-Basin Lift Station and Force Main 1. Scope of Work: Construct lift station and force main. The Fort Gordon Siphon is operating at capacity due to the discharge limitation into the Spirit Creek Basin. To accommodate the future additional wastewater flow, 0.72 MGD average daily flow and 2.23 MGD peak flow needs to be re-routed from Sprit Creek Basin to the Butler Creek Basin, as modeled by CH2M in the report Wastewater Modeling Support for Fort Gordon dated 9/26/2017. Project map attached. Note: This project is scheduled in coordination with the 15th Street sanitary sewer project to offset the additional flow to North Range Road siphon. 2. Proposed Cost: $5.486 million Project D1: Cyber CoE Campus Utilities MCA1 1. Scope of Work: Construct 1080 feet of sanitary sewer and services, 2,080 feet of water main and services, and 800 feet of irrigation main within the proposed Cyber CoE Campus. The design will coordinate and serve phased construction (demolition, restoration, modernization and new construction) while maintaining service to the facilities. Project map attached. Proposed Cost: $1.992 million Project D2: Cyber CoE Campus Utilities MCA2 1. Scope of Work: Construct 540 feet of sanitary sewer and services, 1,040 feet of water main and services, and 400 feet of irrigation main within the proposed Cyber CoE Campus. The design will coordinate and serve phased construction (demolition, restoration, modernization and new construction) while maintaining service to the facilities. Project map attached. 2. Proposed Cost: $996,000 Project D3: Cyber CoE Campus Utilities MCA3 1. Scope of Work: Construct 540 feet of sanitary sewer and services, 1,040 feet of water main and services, and 400 feet of irrigation main within the proposed Cyber CoE Campus. The design will coordinate and serve phased construction (demolition, restoration, modernization and new construction) while maintaining service to the facilities. Project map attached. 2. Proposed Cost: $996,000 UTILITIES DEPARTMENT Tom Wiedmeier, P.E. Horace Luke, Assistant Director Director Fort Gordon Operations and Maintenance Page 3 of 3 Augusta Utilities Department 452 Walker Street, Suite 200, Augusta, GA 30901 (706) 828-7152 WWW.AUGUSTAGA.GOV Project D4: Cyber CoE Campus Utilities MCA4 1. Scope of Work: Construct 540 feet of sanitary sewer and services, 1,040 feet of water main and services, and 400 feet of irrigation main within the proposed Cyber CoE Campus. The design will coordinate and serve phased construction (demolition, restoration, modernization and new construction) while maintaining service to the facilities. Project map attached. 2. Proposed Cost: $996,000 Project E: Cyber CoE Campus 8th Avenue Water Main 1. Scope of Work: Construct 6,000 feet of 16” water main, 100 feet of 12” water main, and 360 feet of 8” water main. AUD plans to accommodate the planned Cyber CoE Campus Facilities by constructing a new 16” water main that will loop around the campus along 8th Avenue from Rice Road to 27th Street. This new main will provide capacity for the campus facilities fire systems, and includes 8” to 12” piping to make connections to adjacent distribution network mains. Project map attached. 2. Proposed Cost: $3.81 million -2- STATE OF GEORGIA RICHMOND COUNTY CLERK’S CERTIFICATE I, LENA J. BONNER, Clerk of Commission of Augusta, Georgia, DO HEREBY CERTIFY that the foregoing pages constitute a true and correct copy of the Series 2019 Bond Resolution adopted by the Augusta-Richmond County Commission (the “Commission”) at an open public meeting duly called and lawfully assembled at 2:00 p.m., on the 5th day of November 2019, in connection with the issuance and sale of $__________ in original principal amount of a revenue bond designated “Augusta, Georgia Water and Sewerage Taxable Revenue Bond, Series 2019,” the original of such Series 2019 Bond Resolution being duly recorded in the Minute Book of the Commission, which Minute Book is in my custody and control. I do hereby further certify that the Mayor, Hardie Davis, Jr., and the following members of the Commission were present at such meeting: William Fennoy Dennis Williams Mary Davis Sammie Sias Bobby Williams Ben Hasan Sean Frantom Brandon Garrett Marion Williams John Clarke and that the following members were absent: and that such resolution was duly adopted by a vote of: Aye ___ Nay ___ WITNESS my hand and the official seal of Augusta, Georgia, this the 5th day of November 2019. (SEAL) Clerk of Commission 49656109.v1 $[AMOUNT] AUGUSTA, GEORGIA WATER AND SEWERAGE TAXABLE REVENUE BOND, SERIES 2019 _______________________________________________________ BOND PURCHASE AGREEMENT November __, 2019 Augusta, Georgia Augusta, Georgia Ladies and Gentlemen: On the basis of the representations, warranties, and covenants contained in this Bond Purchase Agreement, and upon the terms and conditions contained in this Bond Purchase Agreement, the undersigned, [NAME OF PURCHASER] (the “Purchaser”), hereby offers to purchase from Augusta, Georgia (the “Consolidated Government”) $[AMOUNT] in principal amount of its Water and Sewerage Taxable Revenue Bond, Series 2019 (the “Bond”), and hereby offers to enter into this Bond Purchase Agreement with the Consolidated Government, which will become binding upon the Consolidated Government and upon the Purchaser upon the Consolidated Government’s validly authorized acceptance by execution of this Bond Purchase Agreement and its delivery to the Purchaser at or prior to 5:00 p.m., Atlanta, Georgia time, on November __, 2019. SECTION 1. BACKGROUND. Pursuant to a Master Bond Resolution duly adopted by the governing body of the Consolidated Government on October 16, 2012, as supplemented and amended by a Parity Bond Resolution duly and validly adopted on June 18, 2013 and a Supplemental Bond Resolution duly and validly adopted on July 16, 2013, as further supplemented and amended by a Series 2014 Bond Resolution duly and validly adopted on August 25, 2014 and a Supplemental Series 2014 Bond Resolution duly and validly adopted on September 16, 2014, as further supplemented and amended by a Series 2017 Bond Resolution duly and validly adopted on September 5, 2017 and a Supplemental Series 2017 Bond Resolution duly and validly adopted on October 17, 2017, and as further supplemented and amended by a Series 2019 Bond Resolution duly and validly adopted on November 5, 2019, at meetings duly called and held (collectively the “Bond Resolution”), the Consolidated Government has authorized the issuance, delivery, and sale of the Bond. The Bond will be issued under and secured by the Bond Resolution. The Consolidated Government will use the proceeds of the sale of the Bond for the purpose of (i) financing the costs of making additions, extensions, and improvements to the Consolidated Government’s existing water and sewer system (the “System”), (ii) funding a debt -2- 49656109.v1 service reserve account for the Senior Bonds (as defined in the Bond Resolution), and (iii) paying the costs of issuing the Bond. The Bond will constitute a special limited obligation of the Consolidated Government payable solely from and secured by a first priority pledge of and lien on Pledged Revenues (as defined in the Bond Resolution). The Bond will be equally and ratably secured on a parity basis (1) with the Consolidated Government’s revenue bonds previously issued under the Bond Resolution (the “Prior Bonds”), which are presently outstanding in the aggregate principal amount of $410,955,000, and (2) with any additional revenue bonds of the Consolidated Government hereafter issued on a parity basis with the Prior Bonds and the Bond under the Bond Resolution. Capitalized terms used herein and not defined shall have the meaning assigned to such terms in the Bond Resolution. SECTION 2. REPRESENTATIONS, WARRANTIES, AND AGREEMENTS OF THE CONSOLIDATED GOVERNMENT. By the Consolidated Government’s acceptance hereof it hereby represents and warrants to, and covenants and agrees with, the Purchaser that: (a) It is a political subdivision duly created and validly existing under the laws of the State of Georgia. It is authorized by virtue of the laws of the State of Georgia, including Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, to issue the Bond to provide funds to be used to finance the costs of making additions, extensions, and improvements to the System, to fund a debt service reserve account for the Senior Bonds, and to pay the costs of issuing the Bond, to be the pledgor as provided in the Bond Resolution, and to execute, deliver, and perform this Bond Purchase Agreement. (b) It has complied with all provisions of the Constitution and laws of the State of Georgia with respect to the consummation of, and has full power and authority to consummate, all transactions contemplated by this Bond Purchase Agreement, the Bond, the Bond Resolution, and any and all other agreements relating thereto and to issue, sell, and deliver the Bond to the Purchaser on behalf of the Consolidated Government as provided herein, subject to the Bond being validated by the Superior Court of Richmond County. (c) By the Bond Resolution duly adopted by it at meetings duly called and held, it has duly and validly authorized the issuance and sale of the Bond and the execution and delivery of this Bond Purchase Agreement and any other agreements relating thereto. (d) The representations of the Consolidated Government contained in this Bond Purchase Agreement and any certificate, document, written statement, or other instrument furnished to the Purchaser by or on behalf of the Consolidated Government in connection with the transactions contemplated hereby do not contain any untrue statement of a material fact relating to the Consolidated Government and do not omit to state a material fact relating to the Consolidated Government necessary in order to make the statements -3- 49656109.v1 contained herein and therein relating to the Consolidated Government not misleading. Nothing has come to the attention of the Consolidated Government that would materially and adversely affect or in the future may (so far as the Consolidated Government can now reasonably foresee) materially and adversely affect the Consolidated Government or any other transactions contemplated by this Bond Purchase Agreement that have not been set forth in writing to the Purchaser or in the other certificates, documents, and instruments furnished to the Purchaser by or on behalf of the Consolidated Government prior to the date hereof in connection with the transactions contemplated hereby. (e) It has duly and validly authorized all necessary action to be taken by it for: (1) the issuance and sale of the Bond upon the terms set forth herein and in the Bond Resolution, (2) the passage and approval of the Bond Resolution providing for the issuance of and security for the Bond (including the pledge by the Consolidated Government of the Pledged Revenues) and appointing U.S. Bank National Association, Atlanta, Georgia, as paying agent and bond registrar for the Bond, (3) the execution, delivery, receipt, and due performance of this Bond Purchase Agreement, the Bond, the Bond Resolution, and any and all such other agreements and documents as may be required to be executed, delivered, or received by the Consolidated Government in order to carry out, give effect to, and consummate the transactions contemplated hereby and by the Bond Resolution, and (4) the carrying out, giving effect to, and consummation of the transactions contemplated hereby and by the Bond Resolution. This Bond Purchase Agreement, when executed by the other party hereto, will have been duly and validly executed and delivered by the Consolidated Government, will be in full force and effect as to the Consolidated Government, and will constitute the legal, valid, binding, and enforceable obligation of the Consolidated Government, enforceable in accordance with its terms. The Bond, when issued, delivered, and paid for as herein and in the Bond Resolution provided, will have been duly and validly authorized and issued and will constitute valid and binding special or limited obligations of the Consolidated Government enforceable in accordance with their terms and provisions and entitled to the benefits and security of the Bond Resolution. Original executed counterparts of this Bond Purchase Agreement and a certified copy of the Bond Resolution, will be delivered to the Purchaser by the Consolidated Government at the Closing Time (as hereinafter defined). (f) There is no action, suit, proceeding, inquiry, or investigation at law or in equity or before or by any court, public board, or body pending or, to the knowledge of the Consolidated Government, after making due inquiry with respect thereto, threatened against or affecting the Consolidated Government (or to its knowledge, after making due inquiry with respect thereto, any basis therefor), wherein an unfavorable decision, ruling, or finding would adversely affect the transactions contemplated hereby, the levy or collection of any utility charges or fees relating to the System, or the validity of the Bond, this Bond Purchase Agreement, the Bond Resolution, or any other agreement or instrument to which the Consolidated Government is a party or by which the Consolidated Government is bound and which is used or contemplated for use in the consummation of the transactions contemplated hereby or which might result in any material adverse change in the operations, properties, assets, liabilities, or condition (financial or other) of the System. -4- 49656109.v1 (g) The Consolidated Government is not in material violation of its organic documents or any existing law and is not in violation of any material provision of or in breach of or default under any court or administrative regulation, decree, judgment, order in any proceeding in which the Consolidated Government was a party, or any agreement, note, resolution, ordinance, indenture, mortgage, security deed, lease, indebtedness, lien, instrument, plan, or other restriction to which it is a party or by which it or its property is subject or bound, which materially and adversely affects the transactions contemplated hereby or the operations, properties, assets, liabilities, or condition (financial or other) of the System. The execution and delivery of this Bond Purchase Agreement, the Bond, the Bond Resolution, and the other agreements contemplated hereby and by the Bond Resolution and the compliance with the provisions thereof will not conflict with or violate or constitute on the Consolidated Government’s part a breach of or a default under any of the restrictions described in the first sentence of this Section 2(g). No approval, authorization, consent, or other action by any governmental authority is required in connection with the execution and delivery by it of the Bond, the Bond Resolution, or this Bond Purchase Agreement, or in connection with the performance by it of its obligations hereunder or thereunder, which has not been previously obtained or accomplished. (h) The Consolidated Government will not knowingly take or omit to take any action, which action or omission will in any way cause the proceeds from the sale of the Bond to be applied in a manner other than as provided in the Bond Resolution. (i) Any certificate signed by any of the Consolidated Government’s authorized officials and delivered to the Purchaser shall be deemed a representation and warranty by the Consolidated Government to the Purchaser under this Bond Purchase Agreement as to the statements made therein. (j) To the best knowledge of the Consolidated Government, no legislation, ordinance, rule, or regulation has been enacted by any governmental body, department, or agency of the State of Georgia nor has any decision been rendered by any court of competent jurisdiction in the State of Georgia, which would materially and adversely affect the transactions contemplated hereby. (k) Subsequent to the date of this Bond Purchase Agreement and prior to the Closing Date, except as disclosed in writing to the Purchaser, (1) the Consolidated Government has not incurred and shall not have incurred any material liabilities or obligations relating to the System, direct or contingent, except in the ordinary course of business, and has not entered and will not have entered into any material transaction relating to the System not in the ordinary course of business, (2) there has not been and will not have been any increase in the long-term debt payable from Pledged Revenues or decrease in the fund equity of the fund of the Consolidated Government relating to the System, (3) there has not been and will not have been any material adverse change in the business or the financial position or results of operations of the System, (4) no loss or damage (whether or not insured) to the property of the System has been or will have been sustained that materially and adversely affects the operations of the System, and (5) no legal or governmental proceeding affecting the System or the transactions contemplated -5- 49656109.v1 by this Bond Purchase Agreement has been or will have been instituted or threatened that is material. (l) The Consolidated Government will furnish to the Purchaser, upon request, for so long as the Bond remains outstanding, annual audited financial statements of the System as soon as such financial statements become available. (m) As of the Closing Date, the Consolidated Government will have good and marketable title to the System and the owner of the Bond will have a valid and effective first priority lien on the Pledged Revenues, on a parity basis with the Prior Bonds. (n) The Consolidated Government acknowledges and agrees that these representations and warranties are made to induce the Purchaser to purchase the Bond, and that such representations and warranties and any other representations and warranties made by the Consolidated Government to the Purchaser are made for the benefit of the ultimate purchasers of the Bond and may be relied upon by such purchasers. SECTION 3. PURCHASE, SALE, AND DELIVERY OF THE BOND. On the basis of the representations, warranties, and covenants contained herein and in the other agreements referred to herein, and subject to the terms and conditions herein set forth, the Purchaser hereby agrees to purchase from the Consolidated Government at the Closing Time and the Consolidated Government hereby agrees to sell to the Purchaser at the Closing Time, the Bond at a price of 100% of the principal amount thereof ($[AMOUNT]). The Bond shall be issued under and secured as provided in the Bond Resolution, and the Bond shall have the maturities and interest rate, be subject to redemption, and shall be otherwise as described and as set forth in the Bond Resolution. Payment of the purchase price for the Bond shall be made by wire in immediately available funds payable to the order of the Consolidated Government at the offices of Butler Snow LLP, Atlanta, Georgia at 10:00 a.m., local time, on November __, 2019, or such other place, time, or date as shall be mutually agreed upon by the Consolidated Government and the Purchaser, against delivery of the Bond to the Purchaser. The date of such delivery and payment for the Bond is herein called the “Closing Date,” and the hour and date of such delivery and payment is herein called the “Closing Time.” SECTION 4. CONDITIONS TO THE PURCHASER’S OBLIGATIONS. The Purchaser’s obligations hereunder shall be subject to the due performance in all material respects by the Consolidated Government of its obligations and agreements to be performed hereunder at or prior to the Closing Time and to the accuracy of and compliance with in all material respects its representations and warranties contained herein, as of the date hereof and as of the Closing Time, and are also subject to receipt of the following evidence and documents and satisfaction of the following conditions, as appropriate, at or prior to the Closing Time: -6- 49656109.v1 (a) The Bond and the Bond Resolution shall have been duly authorized, executed, and delivered by the respective parties thereto in the forms heretofore approved by the Purchaser, with only such changes therein as shall be mutually agreed upon by the parties thereto and the Purchaser, and shall be in full force and effect on the Closing Date. (b) There shall not have occurred any material adverse change, or any material adverse development involving a prospective change, in or affecting the business, condition (financial or other), results of operations, prospects, or properties of the System. (c) On the Closing Date, the Purchaser’s purchase of the Bond shall (i) be permitted by the laws and regulations of each jurisdiction to which the Purchaser is subject, (ii) not violate any applicable law or regulation (including, without limitation, Regulation G, T, or X of the Board of Governors of the Federal Reserve System), and (iii) not subject the Purchaser to any tax, penalty, or liability under or pursuant to any applicable law or regulation, which law or regulation was not in effect on the date hereof. (d) At or before the Closing Time, the Purchaser shall receive: (1) The opinions, dated as of the Closing Date, of (A) Shepard, Plunkett & Hamilton, LLP, counsel to the Consolidated Government, in substantially the form attached hereto as Exhibit A and (B) Butler Snow LLP, Bond Counsel, in substantially the forms attached hereto as Exhibit B, all as may be in form and substance satisfactory to, and approved by, the Purchaser. (2) A closing certificate of the Consolidated Government, satisfactory in form and substance to the Purchaser, executed by the Mayor of the Consolidated Government, attested by the Clerk of Commission of the Consolidated Government, or any other of the Consolidated Government’s duly authorized officials satisfactory to the Purchaser, dated as of the Closing Date, to the effect that: (A) the Consolidated Government has duly performed and satisfied hereunder or complied with all of its obligations and conditions to be performed and satisfied hereunder at or prior to the Closing Time and each of its representations and warranties contained herein have not been amended, modified, or rescinded and is in full force and effect and is true and correct in all material respects as of the Closing Time; (B) the Consolidated Government has duly authorized, by all necessary action, the execution, delivery, receipt, and due performance of the Bond, the Bond Resolution, this Bond Purchase Agreement, and any and all such other agreements and documents as may be required to be executed, delivered, received, and performed by the Consolidated Government to carry out, give effect to, and consummate the transactions contemplated hereby and by the Bond Resolution; (C) there is no action, suit, proceeding, or inquiry or investigation at law or in equity or before or by any public board or body pending or, to his knowledge after making due inquiry with respect thereto, threatened against or affecting the Consolidated Government or its property or, to his knowledge after making due inquiry with respect thereto, any basis therefor, wherein an unfavorable decision, ruling, or finding would adversely affect the -7- 49656109.v1 transactions contemplated hereby or by the Bond Resolution or the validity or enforceability of the Bond, the Bond Resolution, or this Bond Purchase Agreement, which have not been previously disclosed in writing to the Purchaser; (D) the execution, delivery, receipt, and due performance of the Bond, the Bond Resolution, this Bond Purchase Agreement, and the other agreements contemplated hereby and by the Bond Resolution under the circumstances contemplated hereby and thereby and the Consolidated Government’s compliance with the provisions thereof will not conflict with or be in violation of the Consolidated Government’s organic documents or any existing law or court or administrative regulation, rule, decree, judgment, or order or conflict with or constitute on the Consolidated Government’s part a breach of or a default under any agreement, note, indenture, mortgage, security deed, resolution, ordinance, lease, indebtedness, lien, plan, instrument, or other restriction to which the Consolidated Government is subject or by which the Consolidated Government is or may be bound; (E) since the date hereof there has not been any material adverse change in the operations, properties, financial position, or results of operations of the System, whether or not arising from transactions in the ordinary course of business, other than as previously disclosed in writing to the Purchaser, and except in the ordinary course of business, the Consolidated Government has not suffered or incurred any material liability relating to the System, other than as previously disclosed in writing to the Purchaser; and (F) the Bond is in writing and the Bond Resolution has been duly recorded in the Minute Book of the Commissioners of the Consolidated Government, which Minute Book is in the custody and control of the Clerk of Commission of the Consolidated Government. (4) Such additional certificates and other documents, agreements, and opinions as the Purchaser and its counsel may reasonably request to evidence performance of or compliance with the provisions hereof and the transactions contemplated hereby and by the Bond Resolution, all such certificates and other documents to be satisfactory in form and substance to the Purchaser. All opinions shall be addressed to the Purchaser, and may also be addressed to such other parties as the giver of such opinion agrees to. All certificates, if addressed to any party, shall also be addressed to the Purchaser. All such opinions, letters, certificates, and documents shall be in compliance with the provisions hereof only if they are in all material respects satisfactory to the Purchaser and its counsel, as to which both the Purchaser and its counsel shall act reasonably. If any condition of the Purchaser’s obligations hereunder to be satisfied prior to the Closing Time is not so satisfied, this Bond Purchase Agreement may be terminated by the Purchaser by notice in writing to the Consolidated Government. The Purchaser may waive in writing compliance by the Consolidated Government of any one or more of the foregoing conditions or extend the time for their performance. SECTION 5. REPRESENTATIONS OF THE PURCHASER. The Purchaser represents that it is purchasing the Bond for its own account or for one or more separate accounts maintained by it for investment purposes or for its loan portfolio and not with a view to the distribution thereof, provided that the disposition of its property shall at all -8- 49656109.v1 times be within its control. The Purchaser agrees (1) to execute and deliver to the Consolidated Government an Investment Letter substantially in the form attached hereto as Exhibit C, at or prior to the Closing Time, and (2) that the Bond may not be resold unless the Purchaser complies with the restrictions on resale set forth in such Investment Letter. SECTION 6. CONDITIONS OF THE CONSOLIDATED GOVERNMENT’S OBLIGATIONS. The Consolidated Government’s obligations hereunder are subject to the Purchaser’s performance of its obligations hereunder. The Purchaser represents that it is duly authorized to execute and deliver this Bond Purchase Agreement and that upon execution and delivery of this Bond Purchase Agreement by the other parties hereto, this Bond Purchase Agreement shall constitute a legal, valid, and binding agreement of the Purchaser enforceable in accordance with its terms. The Consolidated Government covenants to use its best efforts to accomplish, or cause to be accomplished, the conditions set forth herein to the Purchaser’s obligations. To the extent to which the Consolidated Government is not in breach of this covenant, the Consolidated Government shall not be liable to the Purchaser for its lost profits, if any. SECTION 7. REPRESENTATIONS, WARRANTIES, AND AGREEMENTS TO SURVIVE DELIVERY. All of the Consolidated Government’s representations, warranties, and agreements shall remain operative and in full force and effect (unless expressly waived in writing by the Purchaser), regardless of any investigations made by the Purchaser or on its behalf, and shall survive delivery of the Bond to the Purchaser. SECTION 8. PAYMENT OF EXPENSES. Whether or not the Bond is sold by the Consolidated Government, the Purchaser shall be under no obligation to pay any expenses incident to the performance of the Consolidated Government’s obligations hereunder. Unless the Consolidated Government and the Purchaser otherwise agree, all costs incurred in connection with the issuance or attempted issuance of the Bond and all expenses and costs to effect the authorization, preparation, issuance, delivery, distribution, and sale of the Bond (including, without limitation, attorneys’, engineers’, and accountants’ fees, bond registrar’s and paying agent’s fees, rating agency fees, and the expenses and costs for the preparation, printing, photocopying, execution, and delivery of the Bond, the Bond Resolution, this Bond Purchase Agreement, and all other agreements and documents contemplated hereby) shall be paid by the Consolidated Government out of the proceeds of the Bond or, if the Bond is not sold by the Consolidated Government or if the proceeds of the Bond are not sufficient, shall be paid by the Consolidated Government. SECTION 9. NOTICES. Any notice or other communication to be given to the Consolidated Government under this Bond Purchase Agreement may be given by mailing or delivering the same in writing to Augusta, Georgia, 535 Telfair Street, Augusta, Georgia 30901, Attention: Administrator, Room 900, and Finance Director, Room 800, and any notice or other communication to be given to the -9- 49656109.v1 Purchaser under this Bond Purchase Agreement may be given by mailing or delivering the same in writing to _______________. SECTION 10. APPLICABLE LAW; NONASSIGNABILITY. This Bond Purchase Agreement shall be governed by the laws of the State of Georgia. This Bond Purchase Agreement shall not be assigned by the Consolidated Government. SECTION 11. PARTIES IN INTEREST. This Bond Purchase Agreement shall be binding upon, and has been and is made for the benefit of, the Consolidated Government and the Purchaser, and no other person shall acquire or have any right or interest under or by virtue hereof. SECTION 12. ARMS-LENGTH TRANSACTION. The Consolidated Government acknowledges and agrees that (i) the purchase and sale of the Bond pursuant to this Bond Purchase Agreement is an arm’s-length commercial transaction between the Consolidated Government and the Purchaser and its affiliates; (ii) in connection with such transaction, the Purchaser and its affiliates are acting solely as a principal and not as an advisor including, without limitation, a “municipal advisor” as such term is defined in Section 15B of the Securities and Exchange Act of 1934, as amended, and the related final rules (the “Municipal Advisor Rules”), agent or a fiduciary of the Consolidated Government; (iii) the Purchaser and its affiliates are relying on the bank exemption in the Municipal Advisor Rules; (iv) the Purchaser and its affiliates have not provided any advice or assumed any advisory or fiduciary responsibility in favor of the Consolidated Government with respect to the transaction contemplated hereby and the discussions, undertakings, and procedures leading thereto (whether or not the Purchaser, or any affiliate of the Purchaser, has provided other services or advised, or is currently providing other services or advising the Consolidated Government on other matters); (v) the Purchaser and its affiliates have financial and other interests that differ from those of the Consolidated Government; and (vi) the Consolidated Government has consulted with its own financial, legal, accounting, tax, and other advisors, as applicable, to the extent it deemed appropriate. -10- 49656109.v1 SECTION 13. EXECUTION OF COUNTERPARTS. This Bond Purchase Agreement may be executed in several counterparts, each of which shall be regarded as an original and all of which shall constitute one and the same document. Very truly yours, [NAME OF PURCHASER] By: Accepted as of the date first above written: AUGUSTA, GEORGIA By:__________________________________ Mayor 49656109.v1 EXHIBIT A Form of County’s Counsel Opinion [Attached] 49656109.v1 [Letterhead of Shepard, Plunkett & Hamilton, LLP] _______, 2019 [NAME AND ADDRESS OF PURCHASER] Butler Snow LLP Atlanta, Georgia Re: $[AMOUNT] Augusta, Georgia Water and Sewerage Taxable Revenue Bond, Series 2019 Ladies and Gentlemen: We have acted as counsel to Augusta, Georgia (the “County”) preliminary to and in connection with the issuance and sale by the Consolidated Government of the above-captioned bond (the “Bond”). In so acting, we have examined, among other things, Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, and originals, executed counterparts, or certified copies of the following: 1. The proceedings, including a Master Bond Resolution adopted by the Augusta-Richmond County Commission (the “Commission”) on October 16, 2012, as ratified, reaffirmed, supplemented, and amended by a Parity Bond Resolution adopted by the Commission on June 18, 2013, a Supplemental Bond Resolution adopted by the Commission on July 16, 2013, a Series 2014 Bond Resolution adopted by the Commission on August 25, 2014, a Supplemental Series 2014 Bond Resolution adopted by the Commission on September 16, 2014, a Series 2017 Bond Resolution adopted by the Commission on September 5, 2017, a Supplemental Series 2017 Bond Resolution adopted by the Commission on October 17, 2017, and a Series 2019 Bond Resolution adopted by the Commission on November 5, 2019 (collectively the “Bond Resolution”) and a Bond Purchase Agreement (the “Bond Purchase Agreement”), dated _______, 2019, between the Consolidated [NAME OF PRCHASER] (the “Purchaser”). 2. The Bond Purchase Agreement and a specimen Bond. Based upon the foregoing and an examination of such other information, papers, and documents as we believed necessary or advisable to enable us to render this opinion, we are of the opinion, as of the date hereof, that: 1. The Consolidated Government is a political subdivision of the State of Georgia duly created and validly existing under and by virtue of the Constitution and statutes of the State of Georgia and has all requisite power and authority to adopt the Bond Resolution and perform its obligations thereunder, to issue, sell, and deliver the Bond, to enter into [NAME OF PURCHASER] Butler Snow LLP ________, 2019 Page 2 49656109.v1 and perform its obligations under the Bond Purchase Agreement, and to secure the Bond as provided in the Bond Resolution. 2. The Consolidated Government has taken all action legally required to authorize the issuance, sale, and delivery of the Bond and has duly authorized the adoption and performance of the Bond Resolution and the execution, delivery, and performance of the Bond Purchase Agreement. 3. The adoption by the Consolidated Government of the Bond Resolution, the issuance and delivery by the Consolidated Government of the Bond, the execution and delivery by the Consolidated Government of the Bond Purchase Agreement and the other agreements and documents described in the Bond Purchase Agreement, and the performance by the Consolidated Government of its obligations under and the consummation of the transactions described in all of the foregoing instruments and documents do not and will not conflict with or constitute, on the part of the Consolidated Government, a breach or violation of or default under, any of the terms and provisions of any existing constitution, statute, law, or court or administrative rule or regulation, decree, order, or judgment to which the Consolidated Government is subject or by which the Consolidated Government or any of its properties is bound or any agreement, indenture, mortgage, lease, security deed, note, resolution, ordinance, contract, commitment, or other instrument or agreement to which the Consolidated Government is a party or by which the Consolidated Government or any of its properties is bound. 4. Each of the officials of the Consolidated Government was on the date of execution of each of the instruments relating to the Bond, was on the date of the execution of the Bond, and is on the date hereof the duly elected or appointed qualified incumbent of his or her office of the Consolidated Government. 5. The notices given prior to the meetings of the Board of Commissioners of the Consolidated Government at which the Bond Resolution was adopted comply with the applicable notice requirements of Georgia law, and such meetings were conducted in accordance with the applicable requirements of Georgia law. 6. There is no action, suit, proceeding, inquiry, or investigation, at law or in equity, by or before any court or public board or body pending or, to the best of our knowledge and belief, after making due inquiry with respect thereto, threatened against or affecting the Consolidated Government, nor to our knowledge is there any basis therefor, which in any way questions the creation or existence of the Consolidated Government referred to in Section 2(a) of the Bond Purchase Agreement or the powers of the Consolidated Government referred to in Section 2(b) of the Bond Purchase Agreement, or the validity of the proceedings resulting in the issuance and delivery of the Bond, or which might [NAME OF PURCHASER] Butler Snow LLP ________, 2019 Page 3 49656109.v1 result in a material adverse change in the condition (financial or other), business, or affairs of the Consolidated Government’s water and sewer system, or wherein an unfavorable decision, ruling, or finding would adversely affect the transactions contemplated by the Bond Purchase Agreement or which in any way would adversely affect the validity or enforceability of the Bond, the Bond Resolution, the Bond Purchase Agreement, or any other agreement or instrument to which the Consolidated Government is a party and which is used or contemplated for use in connection with the consummation of the transactions contemplated by the Bond Purchase Agreement or which in any way would adversely affect the setting, charging, or collection of any utility charges or fees relating to the Consolidated Government’s water and sewer system. 7. All permits, consents, permissions, approvals, or licenses and authorizations or orders of any court or governmental or regulatory bodies that are required to have been obtained as of the date hereof by the Consolidated Government in connection with the issuance, sale, and delivery of the Bond, the adoption, execution, delivery, and performance of the Bond Resolution, the Bond Purchase Agreement, and the consummation of the transactions contemplated by the Bond Purchase Agreement have been duly obtained and remain in full force and effect. We have no reason to believe, after making due inquiry, that the Consolidated Government will not be able to maintain all such permits, consents, permissions, approvals, and licenses described in the preceding sentence or to obtain all such additional permits, consents, permissions, approvals, or licenses and authorizations or orders of any court or governmental or regulatory bodies as may be required on or prior to the date the Consolidated Government is legally required to obtain the same. No additional or further approval, consent, permission, authorization, or order of any court or any governmental or public agency or authority not already obtained is required by the Consolidated Government as of the date hereof in connection with the issuance, sale, and delivery of the Bond, the adoption, execution, delivery, and performance of the Bond Purchase Agreement, or the Bond Resolution. The opinion expressed in this paragraph 7 shall not extend to or otherwise cover any approvals that may be required by any federal or state securities laws. 8. The Bond Resolution has been duly adopted by the Consolidated Government, is in full force and effect in the form in which it was adopted, and constitutes the valid, binding, and legally enforceable obligations of the Consolidated Government according to its import. The Bond Purchase Agreement has been duly authorized, executed, and delivered by the Consolidated Government and are each in full force and effect and constitute the valid, binding, and legally enforceable obligations of the Consolidated Government according to their import. The Bond has been duly authorized, executed, issued, and delivered by the Consolidated Government and, assuming the due authentication thereof by u.s. Bank National Association., Atlanta, Georgia, as bond [NAME OF PURCHASER] Butler Snow LLP ________, 2019 Page 4 49656109.v1 registrar, constitute the valid and legally binding special or limited obligations of the Consolidated Government, are entitled to the benefit and security of the Bond Resolution, and are enforceable in accordance with their terms. 9. The Bond and the security therefor have been validated by the Superior Court of Richmond County, and no valid intervention or objection was raised and no appeals are pending with respect to such validation. 12. To the best of our knowledge and belief, after making due inquiry with respect thereto, the Consolidated Government has never issued, assumed, guaranteed, or otherwise become liable in respect of any bonds, notes, or other obligations that are presently outstanding and that are secured in any manner by the Consolidated Government’s water and sewer system or by the revenues to be received from the ownership and operation thereof, other than as set forth in the Bond Resolution, and the Consolidated Government has not entered into or issued any instrument, resolution, ordinance, agreement, mortgage, security agreement, indenture, contract, or arrangement of any kind which might, on or after the date hereof, give rise to any lien or encumbrance on its water and sewer system or the revenues derived from the ownership and operation thereof, other than the Bond Resolution. The foregoing opinions are qualified to the extent that the enforceability of the Bond, the Bond Resolution, or the Bond Purchase Agreement might be limited by (i) bankruptcy, insolvency, reorganization, moratorium, and other similar laws affecting creditors’ rights generally heretofore or hereafter enacted to the extent of their enforcement, (ii) judicial discretion in the application of principles of equity, and (iii) the valid exercise of the sovereign police powers of the State of Georgia and its governmental bodies and the constitutional powers of the United States of America. No opinion is given as to the tax status of the Bond or the interest thereon. No opinion is given concerning the requirement for registration of the Bond under the securities laws of any state or the Securities Act of 1933, as amended, nor is an opinion given concerning qualification of any document under the Trust Indenture Act of 1939, as amended. We are members of the State Bar of Georgia. Our opinions herein are limited to the laws of the State of Georgia and any applicable federal laws of the United States. We expressly disclaim any duty to update this opinion in the future for any changes of fact or law that may affect any of the opinions expressed herein. Very truly yours, SHEPARD, PLUNKETT & HAMILTON, [NAME OF PURCHASER] Butler Snow LLP ________, 2019 Page 5 49656109.v1 LLP By: Partner 49656109.v1 EXHIBIT B Forms of Bond Counsel Opinions [Attached] 49656109.v1 [Letterhead of Butler Snow LLP] ________, 2019 Augusta, Georgia Augusta, Georgia [NAME AND ADDRESS OF PURCHASER] Re: $[AMOUNT] Augusta, Georgia Water and Sewerage Taxable Revenue Bond, Series 2019 Ladies and Gentlemen: We have acted as Bond Counsel in connection with the issuance and delivery on this date by Augusta, Georgia (the “County”) of $[AMOUNT] in original principal amount of a revenue bond designated “Augusta, Georgia Water and Sewerage Taxable Revenue Bond, Series 2019,” dated the date hereof (the “Bond”). We have examined the law and such certified proceedings and other papers authorizing and relating to the Bond as we deem necessary to render this opinion, including the following: 1. An Act of the General Assembly of the State of Georgia known as the “Revenue Bond Law,” codified as Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated (the “Revenue Bond Law”). 2. Certified copies of a Master Bond Resolution adopted by the Augusta-Richmond County Commission (the “Commission”) on October 16, 2012, as ratified, reaffirmed, supplemented, and amended by a Parity Bond Resolution adopted by the Commission on June 18, 2013, a Supplemental Bond Resolution adopted by the Commission on July 16, 2013, a Series 2014 Bond Resolution adopted by the Commission on August 25, 2014, a Supplemental Series 2014 Bond Resolution adopted by the Commission on September 16, 2014, a Series 2017 Bond Resolution adopted by the Commission on September 5, 2017, a Supplemental Series 2017 Bond Resolution adopted by the Commission on October 17, 2017, and a Series 2019 Bond Resolution adopted by the Commission on November 5, 2019 (collectively the “Bond Resolution”). 3. Certified transcript of the validation proceedings in the Superior Court of Richmond County, resulting in a final judgment entered on ______, 2019, validating and confirming the Bond and the security therefor. The Bond is being issued under and pursuant to the the Revenue Bond Law and the Bond Resolution for the purpose of (i) financing the costs of making additions, extensions, and improvements to the Consolidated Government’s existing water and sewer system (the Augusta, Georgia ________, 2019 Page 2 49656109.v1 “System”), (ii) funding a debt service reserve account for the Senior Bonds (as defined in the Bond Resolution), and (iii) paying the costs of issuing the Bond. As to questions of fact material to our opinion, we have relied upon the following items, without undertaking to verify any of them by independent investigation: (a) certified proceedings and other certifications of public officials furnished to us; (b) certifications furnished to us by or on behalf of the Consolidated Government; and (c) representations of the Consolidated Government contained in such proceedings and in documents delivered in connection with the issuance of the Bond. In our capacity as Bond Counsel, we have not been engaged or undertaken to review the accuracy, completeness, or sufficiency of any other offering material relating to the Bond, and we express no opinion relating thereto. Based upon the foregoing and subject to the qualifications that follow, it is our opinion, as of the date hereof and under existing law, that: (1) The Consolidated Government was duly created and is validly existing as a political subdivision under the laws of the State of Georgia and has all requisite power and authority (i) to adopt and perform its obligations under the Bond Resolution and (ii) to issue, sell, and deliver the Bond and use the proceeds thereof for the purposes and upon the terms and conditions set forth in the Bond Resolution. (2) The Bond Resolution has been duly adopted by the Consolidated Government and constitutes the legal, valid, and binding obligation of the Consolidated Government enforceable upon the Consolidated Government. (3) Pursuant to the Revenue Bond Law, the Bond Resolution creates a valid and enforceable lien on the funds pledged by the Bond Resolution to secure the Bond, on a parity with any other Senior Bonds (as defined in the Bond Resolution) issued or to be issued by the Consolidated Government under the Bond Resolution. (4) The Bond has been duly authorized, executed, issued, and delivered by the Consolidated Government and is the legal, valid, and binding special or limited obligation of the Consolidated Government, payable solely from the amounts pledged under the Bond Resolution. The rights of the owners of the Bond and the enforceability of the Bond and the Bond Resolution (i) may be limited by bankruptcy, insolvency, reorganization, moratorium, and other similar laws affecting the enforcement of creditors’ rights; (ii) may be subject to general principles of equity (regardless of whether such enforceability is considered in a proceeding in equity or at law); and (iii) may also be subject to the exercise of judicial discretion in appropriate cases. Augusta, Georgia ________, 2019 Page 3 49656109.v1 In connection with the issuance of the Bond, we have represented the Consolidated Government, which is our sole client in this transaction. This opinion is limited to the matters expressly set forth above, and no opinion is implied or may be inferred beyond the matters so stated. We expressly disclaim any duty to update this opinion in the future for any changes of fact or law that may affect any of the opinions expressed herein. Very truly yours, BUTLER SNOW LLP 49656109.v1 EXHIBIT C Form of Investment Letter [Attached] 49656109.v1 INVESTMENT LETTER ___________, 2019 Augusta, Georgia Augusta, Georgia Re: $[AMOUNT] Augusta, Georgia Water and Sewerage Taxable Revenue Bond, Series 2019 Ladies and Gentlemen: In consideration of the sale to the undersigned by Augusta, Georgia (the “County”) of the above-captioned bond (the “Bond”), the undersigned hereby represents, warrants, covenants, and agrees as follows: 1. The undersigned is an institutional “accredited investor” within the meaning of Rule 501(a)(1), (2), (3), or (7) promulgated under the Securities Act of 1933, as amended (the “1933 Act”). 2. The undersigned is purchasing the Bond for investment for its own account or for its loan portfolio (and not for any other account) and is not purchasing the Bond for resale or other disposition, and the undersigned has no present intention of reselling or otherwise disposing of all or any part of the Bond or dividing its interest therein, but the undersigned reserves the right to sell, sell participation interests in, transfer, assign, pledge, or otherwise dispose of the Bond as it chooses. The undersigned agrees that it will not sell, transfer, assign, or otherwise dispose of the Bond or any ownership interest therein (1) unless it obtains from the purchaser and delivers to the Consolidated Government an agreement similar in form and substance to this Investment Letter and (2) except in compliance with the applicable provisions of the 1933 Act, the Securities Exchange Act of 1934, as amended (the “1934 Act”), any rules and regulations promulgated under either Act, and the applicable securities laws of any other jurisdiction, and in connection therewith, the undersigned agrees that it shall furnish to any purchaser of the Bond or any interest therein all information required by applicable law. 3. The undersigned, through its agents and employees, has investigated the Consolidated Government and its water and sewer system (the “System”). The undersigned acknowledges that it has been furnished with or has been given access, without restriction or limitation, to all of the underlying documents in connection with this transaction, the Bond, the System, and the Consolidated Government, as well as all other information which a reasonable, prudent, and knowledgeable investor would desire in evaluating the purchase of the Bond. The undersigned acknowledges that the Consolidated Government and other knowledgeable parties have made available to it and its representatives the opportunity to obtain any additional information which it may desire and the opportunity to ask any questions it may desire of and Augusta, Georgia ________, 2019 Page 2 -2- 49656109.v1 receive satisfactory answers from the Consolidated Government concerning the source of payment of the Bond, the System, and the Consolidated Government. 4. In reaching the conclusion that it desires to acquire the Bond, the undersigned has carefully evaluated all risks associated with this investment or loan and acknowledges that it is able to bear the economic risk of this investment or loan. The undersigned, by reason of its knowledge and experience in financial and business matters, is capable of evaluating the merits and risks of the investment in the Bond. The representations in this Investment Letter shall not relieve the Consolidated Government from any obligation to disclose any information required by the documents entered into in connection with the issuance of the Bond or required by any applicable law. 5. If the proposal and offer herein contained is satisfactory to you, you may so indicate by having the following acceptance executed by your duly authorized officer and by returning a copy to us. This Investment Letter and your acceptance will then constitute an agreement with respect to the matters herein contained as of the date hereof. This Investment Letter is expressly for your benefit and may not be relied upon by any other party. Very truly yours, [NAME OF PURCHASER] By: Augusta, Georgia ________, 2019 Page 3 -3- 49656109.v1 Accepted as of the date first above written: AUGUSTA, GEORGIA By: Mayor (SEAL) Attest: Clerk of Commission 49860152.v1 REGISTRAR AND PAYING AGENT AGREEMENT THIS REGISTRAR AND PAYING AGENT AGREEMENT is made and entered into as of the ____ day of November 2019, by and between Augusta, Georgia (the “Consolidated Government”) and U.S. Bank National Association, Atlanta, Georgia (the “Bank”). W I T N E S S E T H: In consideration of the mutual covenants and agreements hereinafter set forth, the Consolidated Government hereby appoints the Bank as, and the Bank hereby accepts appointment as, Bond Registrar and Paying Agent for $[AMOUNT] in original principal amount of a revenue bond designated “Augusta, Georgia Water and Sewerage Taxable Revenue Bond, Series 2019” (the “Bond”). Such appointment is made and accepted on the following terms and conditions: 1. It is currently anticipated that the Bond will actually be issued and delivered to the original purchaser thereof on or about November 14, 2017 (the “Closing Date”) in Atlanta, Georgia (the “Place of Closing”). At such time or as soon thereafter as practicable, the Consolidated Government shall cause to be delivered to the Bank the following documents, which shall either be originally executed counterparts or copies that are certified or otherwise appropriately authenticated to the satisfaction of the Bank: (a) Series 2019 Bond Resolution adopted by the governing body of the Consolidated Government on November 5, 2019 (the “Bond Resolution”); (b) Authentication Order executed by the Consolidated Government; (c) Executed Bond; and (d) Approving Legal Opinion from Bond Counsel. 2. The Consolidated Government shall furnish the Bank the executed Bond. Such Bond shall be manually signed as specified in the Bond Resolution by authorized officers of the Consolidated Government designated to sign on behalf of the Consolidated Government, and shall bear the official seal of the Consolidated Government, and shall bear the validation certificate of the Clerk of Superior Court of Richmond County executed and sealed as required in the Bond Resolution. The provisions of the Bond Resolution relating to the rights, duties, and responsibilities of the Bank as Bond Registrar and Paying Agent for the Bond are hereby incorporated herein and made a part hereof. 3. No later than three business days prior to the anticipated Closing Date the Consolidated Government shall deliver or cause to be delivered to the Bank written specifications for preparation of the Bond to be delivered to the original purchaser thereof, including the name and address of the registered owner and denomination in which the Bond is to be issued. The Bond shall be prepared and registered by the Bank in accordance with such instructions and delivered by the Bank to the Place of Closing or as otherwise specified by the Consolidated Government to the Bank. The Bank shall make available a duly authorized -2- 49860152.v1 signatory or signatories of the Bank for the purpose of executing an appropriate certificate of authentication on such Bond prior to delivery. The Bank shall be responsible for safekeeping the Bond authenticated by it until the time specified for delivery. No such Bond shall be initially delivered by the Bank except in accordance with an Authentication Order or other appropriate written direction to the Bank executed by an authorized officer of the Consolidated Government. In the event that the Bank shall not receive an Authentication Order on the Closing Date and the authentication certificate on the Bond shall have been executed by the Bank, or if the Consolidated Government shall so direct in writing, the Bank shall be authorized to cancel the certificate representing such Bond, provided that it delivers to the Consolidated Government appropriate evidence that such Bond has been cancelled and was not delivered. 4. The Bank agrees that it shall maintain appropriate books and records on behalf of the Consolidated Government reflecting the amount of the Bond initially authorized to be issued under the Authentication Order, the amount of the Bond authenticated and delivered by the Bank from time to time, and the date, identifying numbers, name and address of registered owner, denomination, maturity date, and other appropriate information concerning the Bond authenticated and delivered by the Bank hereunder from time to time. The Bank agrees with the Consolidated Government that the Bond will not at any time be authenticated and delivered and permitted to be outstanding with respect to any maturity in an aggregate amount greater than the amount originally authorized and set forth in the Bond Resolution less the amount of the Bond that has been paid at maturity or that has been redeemed or purchased and surrendered for cancellation, except to the extent as may be permitted in the Bond Resolution in the case of lost, stolen, or destroyed bonds. 5. The Bank will transfer the Bond, register transfer of the Bond, and issue a new Bond upon surrender of the Bond in the form deemed by the Bank to be properly endorsed for transfer, accompanied by such documents as the Bank deems necessary or appropriate to evidence the authority of the person requesting such transfer, registration, and issuance and the genuineness of all necessary endorsements. In making any such transfer of the Bond the Bank will endeavor to comply with requirements for maximum turn-around time applicable to corporate securities registered for trading on national securities exchanges as may then be in effect. 6. Unless the Bank shall have been provided with an opinion of counsel to the Consolidated Government to the contrary, the Bank shall be entitled to presume that registration and transfer of the Bond will be subject to and governed by the provisions of the Uniform Commercial Code in effect in the State of Georgia, and that all bond transfer simplification legislation and other statutes, regulations, and legal authorities generally applicable to transfers of investment securities in such state will be applicable to the Bond and the Consolidated Government. Accordingly, unless the Bank shall have been provided with such an opinion of counsel to the Consolidated Government to the contrary, the Bank shall be fully protected in relying upon such legislation, regulations, or other legal authority and failing to require complete fiduciary documentation and registering transfers without inquiry into adverse claims, and accepting the Bond for transfer meeting “good delivery” requirements of national securities exchanges, and delaying registration for purposes of inquiry into adverse claims, and in declining to effect the registration of the Bond wherein in the judgment of the Bank such registration should await resolution of such adverse claims. -3- 49860152.v1 7. The Bank has been designated as paying agent for the Bond, and in such capacity will act as agent of the Consolidated Government for the purpose of paying to the registered owner of the Bond interest coming due thereon from time to time and the principal amount thereof becoming due at maturity or prior thereto upon call for redemption and for selecting the Bond to be redeemed in accordance with the Bond Resolution. In such capacity the Bank shall not be obligated to advance funds for the purpose of making any such payments, but shall make such payments only with funds provided to the Bank by the Consolidated Government and specifically designated for such purpose. Unless otherwise specifically directed by the Consolidated Government, the Bank shall not be authorized to utilize other funds of the Consolidated Government on deposit with the Bank not specifically provided to the Bank for the purpose of payment of the Bond. 8. In the event the Bond shall provide for a record date prior to interest payment dates on which the registered owner of the Bond is to be determined for the purpose of receiving payments of interest on the Bond, the Bank will promptly, following such record date, proceed to prepare appropriate checks for payment of interest coming due on the succeeding payment date at the rate and on the terms specified in the Bond Resolution, together with appropriate envelopes for the purpose of mailing such checks to the owner of record of the Bond, except with respect to payment of interest to be made by wire transfer. The Consolidated Government agrees that it will endeavor to provide to the Bank collected funds for the purpose of making such payments not later than the earlier of the date on which such funds are required to be provided to the Bank under the terms of the Bond Resolution or the business day next preceding each such payment date. If the Bank shall have been furnished with collected funds sufficient to make such payment, the Bank shall mail the checks to the registered owner of the Bond as aforesaid not later than the business day next preceding each such payment date. At the written request of the registered owner of the Bond, the payment of such interest shall be made by wire transfer. Payment of interest to be made by wire transfer shall be made prior to 2:00 p.m. on each payment date. Payment of principal coming due on the Bond at the maturity thereof or prior thereto upon call for redemption shall be paid by the Bank to the registered owner thereof without the presentation or surrender of the Bond on the terms specified in the Bond Resolution. Payments of principal of the Bond will be made only to the registered owner of the Bond, unless such Bond is surrendered for payment accompanied by an assignment appropriate to effect transfer to the person to whom such payment is to be made. In the event the Bond is surrendered for payment with any such instruments of transfer, the Bank shall be entitled to effect such transfer in the same manner as other transfers of the Bond are to be effected prior to making payment to the transferee. 9. Any Bond that has been delivered to the Bank for transfer or exchange shall, upon issuance of a Bond effecting such transfer or exchange, be cancelled by the Bank but retained by the Bank in its possession; provided, that at any time any such cancelled Bond may be delivered by the Bank to the Consolidated Government and a certificate pertaining to such cancelled Bond shall be so delivered to the Consolidated Government from time to time as the Consolidated Government may request. 10. In the event the Bank shall receive any written request or demand for inspection of any records of the Consolidated Government maintained by the Bank under this Agreement, the Bank will promptly notify the Consolidated Government of such request or demand, forward -4- 49860152.v1 such request or demand (if made in writing) to the Consolidated Government, and (unless directed to the contrary by any order, subpoena, or similar process of a court or regulatory agency that the Bank believes to have jurisdiction, or unless the Bank shall be advised by its counsel that failure to permit such inspection may subject the Bank to liability), the Bank will permit or refuse to allow such inspection as the Consolidated Government may direct in writing. 11. In performance of its duties hereunder the Bank may apply to a designated officer of the Consolidated Government for written instructions and may consult with counsel for the Consolidated Government in respect of any matter arising in connection with this agency, and the Bank shall not be liable or accountable for any action taken or omitted by it in good faith in accordance with such instructions or any such opinion of counsel. The Consolidated Government shall reimburse the Bank for any counsel fees, costs, and expenses incurred by the Bank hereunder, provided that such consultation with counsel has been previously authorized by the Consolidated Government or is reasonably necessary in order for the Bank to determine its responsibilities under this Agreement. 12. In the event that the Bond is presented to the Bank for transfer, registration of transfer, or exchange, or for payment of the principal amount thereof at maturity or prior thereto upon call for redemption, the Bank shall use reasonable diligence in determining whether such Bond is genuine, but shall not otherwise incur any liability by reason of the transfer, registration of transfer, exchange, or payment of any such forged or illegally issued Bond. 13. The Consolidated Government assumes full responsibility for and agrees, to the extent permitted by law, to indemnify and hold the Bank harmless from and against any claims, demands, actions, causes of action, or suits, whether groundless or otherwise, and from and against any and all losses, damages, charges, counsel fees, payments, expenses, and liabilities of whatever nature arising directly or indirectly out of the agency relationship created hereunder so long as the Bank has acted in good faith and with reasonable diligence. The Bank shall not be under any obligation to prosecute or defend any action or suit in respect of such agency relationship that, in the opinion of counsel to the Bank, may involve it in any expense or liability unless the Consolidated Government shall, upon the request of the Bank, furnish the Bank with indemnity reasonably satisfactory to the Bank against all such expenses or liabilities. 14. The Bank shall be entitled to compensation for services rendered in performance of its duties hereunder, in accordance with the Schedule of Fees attached to this Agreement. The Consolidated Government shall further reimburse the Bank for its out-of-pocket expenses incurred in performance of its duties hereunder. Such fees and reimbursement of expenses shall be due and payable to the Bank from time to time periodically upon presentation of a written statement therefor. The Bank reserves the right to amend such Schedule of Fees from time to time upon not less than 30 days’ written notice to the Consolidated Government. The Bank shall not be obligated to allow and credit interest upon any moneys in respect of principal, interest, or premium, if any, due in respect to the Bond, which it shall at any time receive under any of the provisions of the Bond Resolution or this Agreement. 15. The Bank may resign the agency created under this Agreement at any time on not less than 90 days’ written notice to the Consolidated Government, and the Consolidated Government may terminate this agency at any time upon written notice to the Bank. In the event -5- 49860152.v1 of any such termination, the Bank shall deliver to the Consolidated Government or to such successor or other person as the Consolidated Government may direct in writing any inventory of blank bonds then held by the Bank, together with originals or appropriately verified copies of all records of the Bank pertaining to this agency then in the possession of the Bank. Upon such delivery of blank bonds and records to the Consolidated Government, the Bank shall have no further obligation hereunder except as may have theretofore arisen. Upon any such termination, the Consolidated Government shall have no further obligation under this Agreement except to pay to the Bank any fees and expenses incurred or accrued through the date of such termination that have not theretofore been paid. 16. If any terms of this Agreement conflict with the terms of the Bond Resolution, the Bond Resolution shall control. 17. This Agreement constitutes the entire understanding of the parties hereto with respect to the subject matter hereof, and may not be amended or modified except in writing signed by the parties hereto. IN WITNESS WHEREOF, the undersigned acting by and through their duly authorized representatives have hereunto set their respective hands and seals as of the date and year first above written. U.S. BANK NATIONAL ASSOCIATION By: Authorized Signatory Attest: Authorized Signatory (SEAL) AUGUSTA, GEORGIA By: Mayor Attest: Clerk of Commission Commission Meeting Agenda 11/5/2019 2:00 PM Fort Gordon Project Funding Department:Finance / Utilties Department:Finance / Utilties Caption:Approve attached documents related to the issuance of $21 million plus cost of issuance in bonds for the constructions of water and sewer projects at Fort Gordon. Authorizing the Mayor and Clerk of Commission to sign and execute the attached documents. Background:On October 15, 2019 the commission authorized moving forward with issuance of bonds to fund various projects for Fort Gordon. Analysis:Due to the relatively small size of the bonds issuance and the shorter than average length of funding, Augusta’s Financial Advisor has recommended the bonds be sold as a private placement instead of public offering. Using this method of sale will result in a lower of cost of issuance and help reduce the overall cost of the debt and debt service. Financial Impact:Debt Service will be funded by revenues generated from the projects at Fort Gordon. Alternatives: Recommendation:Approve Funds are Available in the Following Accounts: Utilities Bond Funds REVIEWED AND APPROVED BY: i. IFI6l)l EIdlol ozla-lFIuilolJIAIt,l EIzlfl 8lolzlol =l-lL'I +l<t Itllfl(I,lfl<l -*Ex:R8..do606Nq60, Hd. q sssEsxHs F .9 -9 o c ocE.9 zuo^o .! -gg *;#.-.:-ii!oEa P eEgi"aBtg-EE .ai30;o p=-lEi *SgEg3F:UE:=l ot <t 4l -l'El-':l <l E) o -E;OgsssE- *-E! EE ii!!ri.,gnuEr tto N < @ 6 i olu z 2 o J bgErEI HI6 q m N - o lll s - * - El * -el ilst Et !21JI EI GIolelo-lrlt/'tolJIa-l6l EIzlfl 8lolzlol =l-ll.rlql ,=<ltttlll(,lfl<t Commission Meeting Agenda 11/5/2019 2:00 PM 2020 TIA Project List Department: Department: Caption:Move to approve the TIA Project List for the 2020 TIA public referendum. This list was approved at the TIA work sessions and by the Engineering Committee on 29 October 2019. (Requested by Commissioner Sammie Sias) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 11/5/2019 2:00 PM Affidavit Department: Department: Caption:Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: