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HomeMy WebLinkAbout2019-12-03 Meeting MinutesCommission Meeting Agenda Commission Chamber - 12/3/2019 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 David Kingcannon, Pastor, Trumpet in Zion Fellowship. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. RECOGNITION(S) Years of Service A. Congratulations! NovemberYears of Service Recipients. Item Action: None ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Presentations are made to the November 2019 Years of Service recipients. ARC United Way Campaign B. ARC United Way Campaign total announcement recognitions. (Requested by the Administrator) Item Action: None 2019-03-12._United_Way_0001.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Recognition of ARC United Way Campaign. Five (5) minute time limit per delegation DELEGATIONS C. Public Art update from the Greater Augusta Arts Council . Item Action: None ItemApprovalSheet.html Motions Motion Text Made By Seconded By Motion Result It was the consensus of the Commission that this item be deleted from the agenda and rescheduled for the December 17 Commission meeting. CONSENT AGENDA (Item 1) PETITIONS AND COMMUNICATIONS 1. Motion to approve the minutes of the regular meeting of the Augusta Commission held on November 19, 2019. Item Action: Approved Regular_Commission_Minutes_November_19_20190001.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes ****END CONSENT AGENDA**** AUGUSTA COMMISSION 12/3/2019 AUGUSTA COMMISSION REGULAR AGENDA 12/3/2019 (Items 2-39) PUBLIC SERVICES 2. New Location: A.N. 19-42: A request by Natalie C. Lassic for a consumption on premise Liquor, Beer & Wine license to be used in connection with 7 Milentertainment, LLC located at 519 Broad Street. There will be Dance. District 1. Super District 9. Item Action: Approved AN.19-42.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Fennoy out. Motion Passes 9-0. Commissioner Ben Hasan Commissioner Mary Davis Passes 3. Discussion with the Augusta-Richmond County Coliseum Authority relative to the signage display at the James Brown Arena/Augusta Entertainment Complex. Item Action: Approved ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Passes Motion to approve receiving this item as information. Commissioner Ben Hasan Commissioner Mary Davis It was the consensus of the Commission that this item be received as information. 4. Presentation by Brian Stewart to place a James Brown mural at 879 Broad Street located on James Brown Blvd. (Requested by Commissioner Sean Frantom) Item Action: Approved Brian_Stewart.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve tasking the Administrator with identifying a funding source for the matching amount until it is determined what amount of money is needed. Mr. Clarke out. Voting No: Commissioner Dennis Williams. Motion Passes 8-1. Commissioner Mary Davis Commisioner Sean Frantom Passes 5. A motion to renew the Sec. 5311 Rural Transit grant application between the Georgia Department of Transportation (GDOT) and Augusta, Georgia for October 1, 2020 to September 30, 2021. Item Action: Approved PR000237.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes 6. Motion to approve the Change Order #1 with Precision Approach - Airfield Electrical Rehab in the amount of $308,562.88. Original Contract amount $609,381.50 with the new scope of work and change order, new project cost will be $917,944.38. Change Order will be covered by PFC (passenger facility charges). Item Action: Approved Precision_Approach_CO_#1_19-221.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes 7. Motion to approve the Change Order #2 McCarthy for works that will be carried out by McCarthy Improvement Company for the GA Apron Ramp Rehabilitation Project at Augusta Regional Airport. Item Action: Approved Contract_Chang_Order_No_2_-_McCarthy_Improvements.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes 8. Motion to approve the third amendment (6 month extension) with Hall Marketing for consulting services with Augusta Regional Airport. Item Action: Rescheduled SKM_C45819111411340.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Defer Passes Motion to refer this item to the December 10 Public Services Committee meeting. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Ben Hasan 9. Discuss the changes at the Municipal Course as it relates to veterans. (Requested by Commissioner Bill Fennoy) 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. Mr. Clarke out. Motion Passes 9-0. Commissioner William Fennoy Commissioner Mary Davis Passes 10. Discuss a plan to update the processes of how businesses get licenses for catering/one day alcohol permits and receive them once completed. (Requested by Commissioner Sean Frantom) Item Action: Approved Business_Licenses_for_Catering_and_One_Day_Alcohol_Permits.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve bringing back an update on this item in 30 days. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes ADMINISTRATIVE SERVICES 11. Discuss/approve a request from the Jessye Norman School of The Arts to place a public art piano in the lobby of the Municipal Building as part of their Public Art Project. (Requested by Commissioner Bill Fennoy) Item Action: Approved ItemApprovalSheet.html Motions Motion Type Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes 12. Approve Quintech Solutions, Inc of Lithonia, Georgia to replace the flooring at the Richmond County Sherriff’s Office in the amount of $172,262.82. ITB 19-153B Item Action: Approved RCSO_Floor_Admin.pdf 19-153B_ITB_-_SENT_TO_PAPER.docx 19-153B_MPB.pdf 19-153B_OFFICIAL_TAB_SHEET.pdf Recommendation_Letter_from_Department.pdf 19-153B_Planholders_List.pdf 19-153B_Compliance_Review.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes 13. The Engineering Maintenance Division of the Engineering Department requests the purchase of one new truck, non-CDL Trash Dump Body, at a cost of $84,987.95 from Rush Truck Center of Augusta, GA. Bid item 19- 272. Item Action: Approved 19-272_Tab_Sheet_Non_CDL_Truck.xlsx 19-272_Advertisement_to_Paper.docx 19-272_OFFICIAL_TAB_SHEET.xls 19-272_Department_Recommendation_of_Award.pdf 19-272_Planholders_List.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Marion Williams Commissioner Mary Davis Passes 14. Status and information on the Ford Ranger airbag recall, as requested by the Commission on November 5, 2019. Item Action: Approved Ford_Ranger_Recall_Status.xls ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve receiving this item as information. Motion Passes 10-0. Commissioner Ben Hasan Commissioner Mary Davis Passes 15. Motion to approve Anthem Stop Loss Renewal. Item Action: Approved ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Ben Hasan Commissioner John Clarke Passes 16. Motion to approve Housing and Community Development Department’s (HCD's) request to provide HOME funding to Sand Hills Urban Development to develop one (1) single family housing unit for a low to moderate income family and to increase budget for HOME grant project in the amount of $82,500.00 in org key 221073212 -3313122-HOME grant income and 5225110-Constrction Service. Item Action: Approved SHUD-2806_Heckle_Street.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes 17. Motion to approve Housing and Community Development Department’s (HCD's) request to increase the 2019 Budget in the amount of $86,819.26 to support temporary workforce. Item Action: Approved ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes 18. Motion to approve Housing and Community Development Department’s (HCD's) request to provide Laney Walker/Bethlehem Revitalization Funding to contract with Laney Walker Development Corporation to construct one (1) workforce unit on Boyd Lane. Item Action: Approved Write-up_924_Boyd_Lane.pdf 924_Boyd_Bound_Drawings.pdf Contract_924_Boyd_-_LWDC_developer.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes PUBLIC SAFETY 19. Approve the execution of the Lease/Purchase Master Agreement with Key Government Finance, Inc., and the Escrow Agreement with The Bank of New York Mellon Trust Company, N.A. for core network infrastructure. Item Action: Approved Key_Finance_Agreement_for_Core_Infrastructure_Capital_Lease.pdf Commission_Approval_8-20-19.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes 20. Provide an update on the P25 Land Mobile Radio System Project (LMRS) and request approval of the site lease agreements with SBA Structures, LLC and Crown Castle (Pinnacle Towers, LLC). Item Action: Approved SBA_Final_Lease__-_Barton_Chapel_-_GA20009-A-37.pdf SBA_Final_Lease_MOA_-_Barton_Chapel_-_GA20009-A-37.pdf Crown_Castle_Final_Lease_Agreement_-_Hephzibah_-_11-15-18.pdf Crown_Castle_Final_Lease_Agreement_-_Blythe_-_11-15-18_2.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Mary Davis Commissioner Dennis Williams Passes FINANCE 21. Motion to approve annual Leave Buy Back Program up to the Amount of 24 Hours to be paid on the December 20, 2019 paycheck. Item Action: Approved 2019_Vacation_Buyback-Agenda_Item.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes ENGINEERING SERVICES 22. Approve award of Preliminary Engineering Phase of Design Consultant Contract to Civil Services, Inc. in the amount of $220,683.60 for Highland Avenue Bridge over CSX Railroad (Bridge Repair and Restoration), subject to receipt of signed contract as requested by AED. RFQ 19-242. Item Action: Approved Copy_of_CPB_11.13.19.xlsx Highland_Ave._Phase_1_Scope_Summary.pdf CSI_Highland_Ave_Cost_Proposal.pdf 19-242_RFQ_sent_to_newspaper.doc 19-242_MPB.pdf OFFICIAL_TAB_SHEET_19-242.xls 19-242_Cumulative.xlsx RFQ_19-242_HiglandBR_AEDMemo-AwardRecom.pdf 19-242_Planholders_List.pdf Process_Regarding_RFQs.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes 23. Approve entering into an agreement with Norfolk Southern Railway Company stating that Augusta, GA will pay for the Preliminary Engineering and Review for the 6th Street Improvements Project in accordance with the estimate $24,975.00. Also, approve the Agreement to be executed by the Augusta, GA Legal Counsel and the Mayor as requested by Augusta Engineering Department. Item Action: Approved Copy_of_6th_Street_Impvts_award__11.13.2019.xlsx 20191101_AUGUSTA_PRELIMINARY_FAE.pdf 191101_AUGUSTA_GA_Agreement_(Preliminary_Engineering).pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes 24. Approve Sole Source Procurement of Chemical Room Floor Coating at a cost of $39,900.00. Item Action: Approved Sole_Source_DBR_Association.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes 25. Approve the purchase of a Kubota M7060 HDC Tractor Loader-Batwing- Sweeper Combo, bid item #19-266 to J & B Tractor Co., Inc., as they met all of the bid requirements and are the low bidder. Item Action: Approved 19-266_ITB_-_SENT_TO_PAPER.docx 2019.09.18_M7060_Tractor_Front_Loader_Batwing_Sweeper_Combo_-_Award_Rec_Memo.pdf 19-266_OFFICAL_TAB.xls 19-266_Planholders_List.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes 26. Approve two easements on Chester Avenue for Georgia Power Company to run electricity to a new lift station. Item Action: Approved 1827_Chester_Ave._GPC_Easement.pdf 1850_Chester_Ave._GPC_Easement.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes 27. Motion to determine that a Portion of Former Hephzibah McBean Road at Peach Orchard Road as shown on the attached map has ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the best public interest, 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. Item Action: Approved Map_-_Portion_of_Former_Hephzibah_McBean_Rd_at_Peach_Orchard_Rd.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes 28. Approve and award Preliminary Engineering Concept Phase (design phase 1) of the Design Consultant Services Agreement to Infrastructure Systems Management, LLC in the amount of $565,559.37 for the Skinner Mill Road Improvements Project as requested by the AED. Award is contingent upon receipt of signed agreement. RFQ 19-239. Item Action: Approved Copy_of_CPB_11.13.2019.xlsx Skinner_Mill_19-239_Fee_Proposal.pdf Skinner_Mill_Phase_I_Scope_LTR_(003).pdf 19-239_RFQ_sent_to_newspaper.doc 19-239_MPQ.pdf 19-239_TAB.pdf 19-239_Cumulative_Evaluation_Sheet_.pdf 19-239_Department_Recommendation_of_Award.pdf 19-239_Planholders_List.pdf Process_Regarding_RFQs.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes 29. Approve and award Preliminary Engineering Concept Phase (design phase 1) of the Design Consultant Services Agreement to Wolverton & Associates, Inc. in the amount of $428,454.07 for the Wrightsboro Road Improvements Project as requested by the AED. Award is contingent upon receipt of signed agreement. RFQ 19-238. Item Action: Approved Copy_of_CPB_11.14.2019.xlsx Wrightsboro_19-238_Fee_proposal.pdf 19-238_RFQ_sent_to_newspaper.doc 19-238_MPQ.pdf OFFICIAL_TAB_SHEET_19-238.xls 19-238_CUM.xlsx 19-238_Department_Recommendation_of_Award.pdf 19-238_Planholders_List.pdf Process_Regarding_RFQs.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes 30. Approve award of Preliminary Engineering Phase of Design Consultant Contract to Moreland Altobelli in the amount of $46,112.33 for Walton Way over Hawks Gully (Augusta Canal) Bridge (Repair and Restoration), subject to receipt of signed contract as requested by AED. RFQ 19-243 Item Action: Approved Copy_of_CPB_WaltonWay_ov_Hawks_11.13.2019.xlsx Walton_Way_Phase_1_Scope_Summary.pdf 19-243_Walton_Way_Bridge_Fee_(003).pdf 19-243_RFQ_sent_to_newspaper.doc 19-243_MPB.pdf OFFICIAL_TAB_SHEET_19-243.xls 19-243_Cumulative.xlsx RFQ_19-243_WaltonwayBR_AEDMemo-AwardRecom_(004).pdf 19-243_Planholders_List.pdf Process_Regarding_RFQs.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes 31. Discuss procurement of Richmond County TIA Ban 2 Projects to meet state law mandated deadline requiring construction to begin by the end of 2019. (Requested by Commissioner Ben Hasan) Item Action: Approved ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to delete this item from the agenda. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes 32. Motion to approve the Clanton Road swap with a 12-month warranty. (Requested by Commissioner Brandon Garrett) Item Action: Rescheduled ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Defer Motion to refer this item to the December 10 Engineering Services Committee. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes 33. Approve and award Preliminary Engineering Concept Phase (design phase 1) of the Design Consultant Services Agreement to Pond & Company in the amount of $187,180.32 for the Walton Way (Lake Forrest Dr. to Milledge Rd.) Safety and Operational Improvements Project as requested by the AED. Award is contingent upon receipt of signed agreement. RFQ 19-244 Item Action: Approved Copy_of_CPB_11.14.2019_(003).xlsx Walton_Way_19-244_Fee_Proposal.pdf Walton_Way_Project_Phsae_1_Services.pdf 19-244_RFQ_sent_to_newspaper.doc 19-244_MPQ.pdf 19-244_Official_Tab_Sheet.xls 19-244_Cumulative.xlsx 19-244_Department_Recommendation_of_Award.pdf 19-244_Planholders_List.pdf Process_Regarding_RFQs.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes 34. Approve and award Preliminary Engineering Concept Phase (design phase 1) of the Design Consultant Services Agreement to Kimley-Horn in the amount of $302,027.14 for the Monte Sano Ave. Improvements (Wrightsboro Rd. to Walton Way) Project as requested by the AED. Award is contingent upon receipt of signed agreement. RFQ 19-247. Item Action: Approved 19-247_MonteSano_AEDMemo_AwardRecom.pdf Copy_of_award_construction_contract_11.12.19.xlsx RFQ19-247_Monte_Sano_Fee-Services.pdf 19-247_RFQ_sent_to_newspaper.doc 19-247_MPQ.pdf 19-247_Official_Tab_Sheet.xls 19-247_Cumulative.xlsx 19-247_Department_Recommenation_of_Award_19-247_Monte_Sano.pdf 19-247_Planholders_LIst.pdf Process_Regarding_RFQs.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commisioner Sean Frantom Commissioner Ben Hasan Passes 35. Consider approving and accepting a sanitary sewer easement and pipeline that runs across Glenn Hills Middle School. Item Action: Approved Glenn_Hills_Middle_School_Easement_Deed.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10-0. Commissioner Ben Hasan Commissioner John Clarke Passes 36. Discuss suspending the Augusta Recycling Program. Over 300 cities and more every day have either suspended or eliminated their Recycling Programs. Augusta's recycling program is losing money every day. (Requested by Commissioner Sammie Sias) Item Action: Approved Augusta_Recycling_Program_.pdf ItemApprovalSheet.html Motions Motion Text Made By Seconded By Motion Type Motion Result Approve Motion to approve directing the Environmental Services Department to come back with a five-year reference of how much money has been lost in the recycling program, some alternatives or suggestions for the Commission to consider if recycling is suspended, to engage the haulers for their suggestions for a path forward that will provide either a working recycle program where money is not lost or suggestions of what to do where money will not be lost, to bring back a plan to continually promote recycling through education and to bring back this information at a workshop to be held in January of 2020. Motion Passes 10-0. Commissioner Sammie Sias Commissioner William Fennoy Passes 37. Approve Sole Source Procurement of Replacement Parts for Hypochlorite Generation Equipment at a cost of $109,768.00. Item Action: Approved Sole_Source_DeNora_Tobacco_Rd_WTP.pdf Sole_Source_DeNora_for_Highland_Rd_WTP.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Passes Motion to approve. Motion Passes 9-0. Commissioner William Fennoy Commissioner Sammie Sias ADDENDUM 38. Motion to approve the appointment of Mr. Edward Lowery to the Augusta Animal Services Citizens Advisory Board representing District 6. (Requested by Commissioner Ben Hasan) Item Action: Approved 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. Commisioner Sean Frantom Commissioner Ben Hasan Passes 39. Motion to approve Housing and Community Development Department's (HCD's) to provide HOME funding to assist three (3) low to moderate income homebuyers with gap financing, downpayment and closing cost to purchase homes. Item Action: Approved HCD_attachments.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. Commisioner Sean Frantom Commissioner Ben Hasan Passes LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 40. 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 12/3/2019 2:00 PM Attendance 11/26/19 Department: Department: Caption: Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 12/3/2019 2:00 PM Invocation Department: Department: Caption:Reverend David Kingcannon, Pastor, Trumpet in Zion Fellowship. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 12/3/2019 2:00 PM Years of Service Department: Department: Caption:Congratulations! NovemberYears of Service Recipients. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Lena Bonner From: Sent: To: Subject: Hello Ms.Bonner. Please add under United Way Campaign Total Announcement recognitions. Thank you. Wanda G. Gothie Executive Assistant to the Administrator Office of the Administrator 535 Telfair Street, Suite 910 (706) 827-2898 Office wgothie@augustaga. gov Wanda Gothie Monday, November 25,20L9 9:52 AM Lena Bonner United Way Campaign Total Announcement { tt .15 t* .r iL:} 1il4 1 Commission Meeting Agenda 12/3/2019 2:00 PM ARC United Way Campaign Department: Department: Caption:ARC United Way Campaign total announcement recognitions. (Requested by the Administrator) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 12/3/2019 2:00 PM Public Art Update Department: Department: Caption:Public Art update from the Greater Augusta Arts Council . Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 12/3/2019 2:00 PM Alcohol Application Department:Planning & Development Department:Planning & Development Caption:New Location: A.N. 19-42: A request by Natalie C. Lassic for a consumption on premise Liquor, Beer & Wine license to be used in connection with 7 Milentertainment, LLC located at 519 Broad Street. There will be Dance. District 1. Super District 9. Background:This is a New Location. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $4,600.00 Alternatives: Recommendation:The Planning & Development approved the application subject to additional information not contradicting the applicant’s statements. The Sheriff’s Office approved the application subject to additional information not contradicting applicant’s statements. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Law Administrator Clerk of Commission Commission Meeting Agenda 12/3/2019 2:00 PM Augusta Entertainment Complex. Department: Department: Caption:Discussion with the Augusta-Richmond County Coliseum Authority relative to the signage display at the James Brown Arena/Augusta Entertainment Complex. Background:The Augusta Commission in its meeting held Tuesday, November 19, 2019 meeting agreed to invite the Augusta- Richmond County Coliseum to participate in the discussion of the signage at the James Brown Arena/Augusta Entertainment Complex. Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Nancy Morawski From: Sent: To: Cc: Subiect: Ms. Bonner, Commissioner Sean Frantom Wednesday, November 20,201-9 10:24 AM Lena Bonner Nancy Morawski Public Services Agenda - James Brown Mural Please add the following agenda item to Public Services - Presentation by Brian Stewart to place a James Brown mural Blvd. Thank you, Sean Frantom Commissioner District 7 (706)s54-1663 sfra nto m @ au gustaga. gov at 879 Broad Street located on James Brown Thrs c-mail contains ccniidcnlial infornlation and is inlcndcd only for ihc indiviciual namcci. li you are noi the namcd addrosscc. you sl'rould not disscntinatc. thoseoftheCityof Augusta.E-mail trernsnrissionscannolbeguaranteedtobesecureorerror-{reeasinfornrationcouldbeintercepted corrupted. lost.ciesiroyed aresultofthee-mail transmissian lfverificationisrequired.pleaserequestahardcopyversion. AFt) 104 1 Commission Meeting Agenda 12/3/2019 2:00 PM Brian Stewart Department: Department: Caption:Presentation by Brian Stewart to place a James Brown mural at 879 Broad Street located on James Brown Blvd. (Requested by Commissioner Sean Frantom) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Subrecipient: District:2 Date:10/11/2019 Please submit budget to GDOT for approval by: October 12th 2019 State Budget Year:SFY 2021 1-Oct-2020 To:30-Sep-2021 Cost Cost Qty Cost/Each Cost 2 $43,711.25 $87,422.50 5011 A $16,234.00 5011 O $85,128.00 $41,066.92 $0.00 5011 A $12,712.00 5011 O $13,653.00 $44,712.92 $0.00 5011 A $11,239.00 5011 O $4,000.00 $46,528.92 $0.00 5011 A $10,656.00 5015 O $8,009.00 $48,947.92 $0.00 5015 A $4,122.00 5015 O 2 $25.00 $50.00 5020 A 5020 O $5,800.00 2 $265.00 $530.00 5020 A $720.00 5031 O Fuel $63,000.00 $2,000.00 $0.00 5020 A $900.00 5032 O Tires & Tubes $3,800.00 $7,200.00 $0.00 5020 A 5039 O Auto Parts/Vehicle Supplies $4,400.00 $3,200.00 $0.00 5039 A $360.00 5060 O Taxes $300.00 $0.00 5040 A $473.00 5090 O Misc.$4,320.00 $1,200.00 $0.00 5050 A $27,900.00 5101 O Purchased Transportation 1 $2,373.00 $2,373.00 5060 A $45.00 $0.00 5090 A $0.00 5090 A $0.00 5090 A $2,700.00 $0.00 $0.00 $88,061.00 Operating Total $192,110.00 Capital Total 7 $90,375.50 Net Operating Summary Administrative Total / Ratio $88,061.00 31.43%**Note: Shuttle Buses Require CDL w/passenger endorsement** Operating Total / Ratio $192,110.00 68.57% Total Operating Budget $280,171.00 total number of vehicles if selected 4200.1 List below vehicles requesting to be replaced: Public Transportation Budget $280,171.00 Vehicle #Mileage Vehicle #Mileage Net Operating Total $280,171.00 Budget Summary Totals Operating Budget Total $280,171.00 4130 4300 4300 4300 Capital Budget Total $90,375.50 Budget Grand Total $370,546.50 SECTION 5311 - RURAL TRANSIT BUDGET For Contract period: October 1, 2020 - September 30, 2021 Operating Period: Operating BudgetAdministrative Budget Richmond County Fringe Benefits (Administrative)3"- 6" Lettering Shuttle Bus / Lift** Shuttle Bus** Shuttle Van / Lift Marketing Capital Budget Vehicle Licensing Indirect Expenses Director Salary Supervisor Salary Bookkeeper Salary Secretary Salary Drug & Alcohol Testing Audit Rental Expenses/Equipment Rental Office Supplies Utilities/Communications Travel/Dues Vehicle Insurance Federal State Training Local 6" Lettering is a "MANDATORY" cost per vehicle and must equal Other: Add Description $140,085.00 $72,300.40 $9,037.55$9,037.55 $140,085.00 $212,385.40 $149,122.55$9,037.55 Advertising Revenue ELIGIBLE LOCAL TAX AS LEVIED OTHER ELIGIBLE FEDERAL CASH GRANTS OTHER ELIGIBLE REVENUE LESS: NON-Eligible Contract Revenue from other FTA Grants Administrative Total Other: Add Description Mobility Management Mobile Radio Surveillance Systems Bike Rack Tablets Shuttle Van Roof Hatch Computer Hardware Base Radio Other: Software Module Ford Transit 150 w/lift Vehicle Striping Dispatcher Salary Driver Salary Maintenance and Repair Uniforms Fringe Benefits (Operating) Mechanic Salary 11/4/20194:55 PM AUGUSTA, GEORGIA New Grant ProposaUApplication Before r DeprrlmcnUrgency mey epply for the grrnurwrrd otr bchrlfofAugustr Richmotrd Courty, thcy Dust rirst obt in rpprovrl signrture from thc Administrrtor rnd thc Fi[rncc Dircctor. Thc Adminiltntor will obtrin informttion or thc Srrnt prognm rod rcquircmetrts lrom th. futrditrg rgmcy rnd rcvicw tbesc for fersibility to dcterminc lftbis grrnt/rwrrd will bencfit Augustr Rlchmotrd County. Thc Fhrtrcc Dlrector will rcview thc funding rcquircment to dctcrmirc if the grrnt wlll fit wittin our budget slructure rod finrncirl goals. Proposrl Project No, Projcct Titlc PROOO237 TRANSIT 53I I RT,rRAL TRANSIT 2O2O . 2O2I'-- Depaftnent of Transportalioo (GDOT) and August4 Georgia REGEIVED AOMINISTRATOR'S OFFICE t'l0v 0 7 ?0rs AUGUSTA.RTCHMOND COUNTY Transit C.3h Mrtch? Y 223,313.95 Tohl cr3b Mrtctr: 151,012.55 Flow Thnr llr: GM0006 GDOT Motching Funding required: Yes. 50olo on Operating expense l0olo on Capital Source of Match: Traosit Budget 2020 EEO Required (YN): No EEO Dep Notified: No St n Drtc: 1010112020SubmitDrtc: 1012212019 Toul Budgetcd Amount: 374,326.50 Sponsor: GM00l3 Sponsor trpc: PT Purpose: 20 End Drtc: 0913012021 Ilcprrtmeot: 091 Tot l Futrditrg Agcrcy: US DOT Pass thru Federal Public Transit Contacts TYPc I Type FA cMIOls Dottery, Sharon -!LS. DOTTERY (706)821-l t l8 Approvals Drtc l0DA20l9 Dept. SigD.ture: Grrtrt Coordinrtor Signrturc: l.) I have reviewed the Granl application artd enclosed malcrials and: nu,Kd the gnntJawudto be feasible io the needs of Augusta Richmond County o Dcny the request Financc Dircctor Date I have rcviewed the Grant application and enclosed materials and: o Approve $e D€partrnent Agency to move forward u/ith oe applicarion 2.\ U!.r: R.portl PaSa t0, /'' Crrrcll D.t : Curr.rtTlm.r nl0{,D0l9 l7:10:33GMI00o_PROPOSAL - GMl000: Grans Management: I PhoIle 19,^ ^ -- ^xf, L r f7,.. ri,//-7-L9 #L AUGUSTA, GEORGIA New Grant ProposaUApplication Bcforc r DtprrtDent/rgency mry rpply for the grrnvrwrrd or bchdf of Augustr nichmond County, they must lirst obtrin rpprovrlsigmture from the Admioistrrtor rnd tbe Finencr ltircctor, Thc Administntor will obtrin informrtion on the grrnt progrrm rndrequiremcnts from thc funding egcncy rod revicw thcse for fcrsibllity to dctcrmifle ifthis grurrwrrd wi[ beralit AugustrRichmond County. Thc Finrnce Director will revicw the funding r.quircmert to dctermioi ifthc grent will 6t within our budgetstructurc.nd finrncial goals. Tbis form will rlso bc uscd to providc thc ert€rnrl auditon with informrtio[ on rll grrots for complirnce rttdcertificrtioD rcquircmelts rs requircd by thc Strte rnd Fcdcrrl GovcrtrmenL t. Rcport GMI000*PROPOSAL - GMl000: Grants Managemenr:2 crrr trtTims t?:lo:33 Commission Meeting Agenda 12/3/2019 2:00 PM 5311 Rural Grant FY2021 Department:Augusta Public Transit Department:Augusta Public Transit Caption:A motion to renew the Sec. 5311 Rural Transit grant application between the Georgia Department of Transportation (GDOT) and Augusta, Georgia for October 1, 2020 to September 30, 2021. Background:The Augusta-Richmond County Commission annually approves Augusta Public Transit’s Sec. 5311 Rural Transit grant application for providing rural transportation service to the citizens of Augusta-Richmond County. Analysis:The renewal of this contract will allow Augusta Public Transit to continue providing Rural transportation service to the citizens of Rural Augusta-Richmond County which covers Hephzibah, Blythe and McBean. Financial Impact:The Augusta-Richmond County share of the budget for the grant period beginning October 1, 2020 to September 30, 2021 is $140,085.50. The capital projects for this grant cycle is two (2) Shuttle Vans with Lifts and one (1) surveillance system. The allocated funding breakdown is: Operations 50/50 Split, Federal $140,085.50 and Local $140,085.50. Capital 80/10/10 Split Federal $212,385.90, Local $149,123.05 and State $9,037.55. Grand Total $370,546.50. Alternatives:Deny request. Recommendation:Approve the submission of the grant application. Funds are Available in the Following Accounts: Rural Transit Budget for 10/1/20 and 9/30/21. In 2020 budget 54609-1120 and 54709-1120. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Commission Meeting Agenda 12/3/2019 2:00 PM Precision Approach Change Order #1 Department:Augusta Regional Airport Department:Augusta Regional Airport Caption:Motion to approve the Change Order #1 with Precision Approach - Airfield Electrical Rehab in the amount of $308,562.88. Original Contract amount $609,381.50 with the new scope of work and change order, new project cost will be $917,944.38. Change Order will be covered by PFC (passenger facility charges). Background:The original scope of work provides for the installation of new electrical cable, replacement of Runway 17/35 High Intensity Edge Lights with new fixtures, Runway Distance Remaining (RDR) signs with new approved signs, at the Augusta Regional Airport which is currently being performed by Precision Approach LLC for a contracted amount of $609,381.50. This change order modifies the original construction costs due to additional scope items necessary to upgrade lighting and signage standards at the airport. Tasks are listed below: Bid Items: · Mobilization, Cleanup, and Demobilization · Airfield Safety and Traffic Control · Underground Cable Installation · Electrical Conduit Installation · High Intensity Edge Lights elevated on existing base · Size 2 lighted sign installation on new foundation · Install and Re- panel Existing Size 1 signs on existing foundation Analysis:It was determined between the Airport, FAA and Engineering Consultant that the upgrade of the lighting fixtures, sign additions and repaneling of signs to LED would enhance the Airport Operations Safety by improving visibility with reliable, energy efficient systems. The replacement of RDR signs would provide accurate information to flight crews and enhance safety. Also conform taxiway guidance signs to current regulations. Financial Impact:First Amendment to the Contract for the RWY 17/35 Electrical Rehabilitation Project that will result in a contract addition of $308,562.88, to a new project cost of $917,944.38 based on the FAA approved modifications to quantities, specifications and construction time to the construction scope. This change order cost will be added to the overall contract cost and will also be covered by PFC (Passenger Facility Charges) account. Alternatives:To Deny Recommendation:Augusta Aviation Commission recommends approval of the Contract Change Order #1 Precision Approach- Airport Electrical Rehab. Funds are Available in the Following Accounts: PFC Funds 551081305-5412110 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission CONTRACT CHANGE ORDER NO.2 AIRPORT Augusta Resional Airport LOCATION Auzusta. GA PROJECT Rehabilitate Air Carrier and Ceneral Aviation Aoron - Phase II Dnte October 31. 2019 AIP No. 3-13-001 l-042-201E CONTRACTOR McCarthv Improvement Comoanv You are requested to perform the following described work upon receipt of an approved copy of this document or as directed by the engineer. Item No.Bid Alternate Description Unit Unit Price Quantity Amount Ertra Work Items x-100.1 Base Mobilization, Cleanup, and Demobilization LS $269,000.00 I $269,000.00 x-t 00.2 Base Airfield Safew and Traffic Control LS $96,000.00 I $96,000.00 P-r 0t. I Base Asphaltic Concrete Pavement Removal, Remove OfI-Site SY $ r 2.s5 2,850 $35,767.50 x-50.7 Base Remove Taxiwav or Runway Edse Lieht EA $3 r 5.00 8 $2,s20.00 x-50.8 Base Remove Pavement Markinss SF s3.r5 2,050 $6,4s7.50 P.52.1 Base Unclassified Excavation, OffiSite Disposal CY sr 8.35 r,500 $27,525.N P.52.2 Base Subsrade Preparation SY $t.70 8,26s $r4,050.50 P-t 52.3 Base Unsuitable / Over Excavation Stockpiled Material CY $r 9.s0 I00 $ r,950.00 P-154.1 Base Uncrushed Aggregate Base Course (6" F)enth)CY $64.00 1,400 $89,600.00 P-156.r Base Installation and Removal of Silt Fence, Type A LF $2.40 I,500 $3,600.00 P-r56.r0 Base Erosion Control Mobi I ization LS $2,000.00 I $2,000.00 P-156.t I Base Emersencv Erosion Control Mobilization LS $2,000.00 I $2,000.00 P-501.5 Base Portland Cement Concrete Pavement ( I E" Deoth)SY $ r 25.00 5,233 $654, t 25.00 P-50r.6 Base Portland Cement Concrete Shoulder Pavement (6" Deoth)SY $ r 12.00 3,035 $339,920.00 P-605. r Base Joint Sealine Filler LF $3.00 6,700 $20,100.00 P-620.1 Base Permanent Pavement Markins SF $3.20 9,400 $30,080.00 P-620.2 Base Thermoolastic Surface S ien EA $8,900.00 )$17,800.00 P-620.3 Base Reflective Media LB s6.25 275 $I,7r8.75 D-701.2 Base Concrete Sewer Pipe, l8-inch, Class lll LF s65.00 240 $15,600.00 D-705.r Base 6-i nch Perforated Polyethylene Pipe, Schedule 40 LF s32.00 1,034 $33,088.00 D-705.2 Base Underdrain Clean-Out, Type I EA $E60.00 4 $3.440.00 D-752.1 Base Concrete Headwall EA $ 1,600.00 ,)$3,200.00 T-901. r Base Seedins AC $2,600.00 I $2,600.00 T-905. r Base Topsoiling (Obtain on Site or Removed from Stockoile)CY $ r 4.50 600 $8,700.00 L-108.r Base #8 AWG, 5kV Power Cable LF $4.1 5 5,000 $20,750.00 L- 108.2 Base Countemoise Wire w/ Crounding Rods LF M.t5 2,000 $8,300.00 L-l l0.r Base 2-way, 4-inch PVC, Concrete Encased Type I Electrical Duct Bank LF $r30.00 150 $ r 9,500.00 L- il 0.3 Base l-way.2-inch PVC, Direct Bury Type II Electrical Duct Bank LF $7.00 2,200 $15.400.00 L-tt0.4 Base 4-way,4-inch PVC, Concrete Encased Type I Electrical Duct Bank LF $r46.00 195 $28.470.00 L-t l5.l Base Electrical Junction Structure, Aircraft Rated EA $12,400.00 )$24,800.00 L-l I5.2 Base Electrical Pull Box, Aircraft Rated EA $2,s00.00 2 $5,000.00 L-125.1 Base L86lT MITL. LED, Elevated Taxiway Fixture EA $1,500.00 24 $36,000.00 L-t25.2 Base LE6IT MITL, LED, Elevated Taxiway Fixture - lnstalled in Existing Shoulder Pavement EA $1,650.00 6 $9,900.00 L-125.3 Base Abandon Existing Taxiway Edge Light in Place and lnstall 3/8" Blank Plate EA s 155.00 2 $3 r 0.00 L-t25.4 Base L850C HIRL, LED, Inset Runway Edge Lisht on L-868 Base EA $3,400.00 $3.400.00 L-125.5 Base New Light Fixture Numbering Tags (All Twy A Circuit Fixtures)EA $3 r.00 230 $7, r 30.00 L-t25.6 Base L-858 (L) Airfield Cuidance Sign, 2 Module EA $6,300.00 3 $r 8,900.00 L-12.5.7 Base L-858 (L) Airfield Guidance Sign, 3 Module EA $7,200.00 3 $2 r,600.00 This Change Order Total $1,900J02.25 This Change Order Crlendar Dey Additions (Deletions)90 Previous Chanee 0rder(s) Total (s305.110.20) Previous Change Order(s) Calendar Day Additions (Deletions)0 Original Contract Total $r2.944155.s0 Orieinal Contract Calendar Dav Count Total 375 Revised Contract Totrl sr4516J4755 Revised Contract Calender Day Count Total 465 The time provided for completion in the contract is (unehanged) (dee+easeC) (increased) by 90 calender days. This document shall become the Second Amendment to the contract and all provisions of the contract will apply. Approved by: Accepted by: AIP NO. AIRPORT Con (McCarthy I 3-13-001 t-042-2018 Augusta Regional Aimort (AGS) Aviation Commission) t Company) CHANGEORDERNO.2 LOCATION Augusta- CA /o/Zq /ro/ q Dete Page2ofl2 JUSTIF'ICATION FOR CHANGE l. Brief description of the proposed contract Amendment and location(s). Quantity Adjustments: N/A Extra Work/New Bid Item: There are several items that were erroneously not included in the original bid or extra items not included in the original bid that will be necessary to complete the approved project scope. These items include: r X-1fi).1 Mobilization, Cleanup, and Demobilization Base Bido Required for construction of new connector taxiway, Taxiway A.3o Scattered throughout phase 5A and 58o X-1fi).2 Airfield Safety and Traflic Control Base Bido Required for construction of new connector taxiway, Taxiway A3o Scattered throughout phase 5A and 58o P-101.1 Asphaltic Concrete Pavement Removal, Remove Off-Siteo Required for construction of new connector taxiway, Taxiway A3o Scattered throughout phase 5A and 58o P-101.3 Cold Millingo Required for construction of new connector taxiway, Taxiway 43o Scattered throughout phase 5A. and 58r X-150.7 Remove Taxiway or Runway Edge Lighto Required for construction of new connector taxiway, Taxiway ,{3 o Scattered throughout phase 5A and 58. X-l50.8 Remove Pavement Markings o Required for construction of new connector taxiway, Taxiway A3o Scattered throughout phase 5A and 58o P-I52.1 Unclassified Excavation, Off-Site Disposalo Required for construction of new connector taxiway, Taxiway A3o Scattered throughout phase 54 and 58o P-152.2 Subgrade Preparationo Required for construction of new connector taxiway, Taxiway A3o Scattered throughout phase 5,A and 58r P-I52.3 Unsuitable/Over Ercavatiou Stockpiled Materialo Required for construction of new connector taxiway, Taxiway ,{3o Scattered throughout phase 5A and 58o P-1541 Uncrushed Aggregate Base Course (6" Depth)o Required for construction of new connector taxiway, Taxiway A3o Scattered throughout phase 5A and 58o P-156.1 Installation and Removal of Silt Fence, Type Ao Required for construction of new connector taxiway, Taxiway ,A3o Scattered throughout phase 5,{ and 58r P-156.10 Erosion Control Mobilizationo Required for construction of new connector taxiway, Taxiway .A3o Scattered throughout phase 5A and 58o P-l56.ll Emergency Erosion Control Mobilizationo Required for construction of new connector taxiway, Taxiway A3o Scattered throughout phase 5A and 58o P-501.5 Portland Cemeut Concrete Pavement (18'Depth) o Required for construction of new connector taxiway, Taxiway ,{3 o Scattered throughout phase 5A and 58 Page 3 of l2 P-501.6 Portland Cement Concrete Shoulder Pavement (6'Depth)o Required for construction of new connector taxiway, Taxiway A.3 o Scattered throughout phase 5A and 58 P-605.1 Joint Sealing Filler o Required for construction of new connector taxiway, Taxiway A3 o Scattered throughout phase 54, and 58 P-620.1 Permanent Pavement Markingo Required for construction of new connector laxiway, Taxiway A3o Scattered throughout phase 5A and 58 P -620,2 Thermoplastic Surface Signo Required for construction of new connector taxiway, Taxiway A.3o Scattered throughout phase 5A and 58 P{20.3 Reflective Mediao Required for construction of new connector taxiway, Taxiway A3o Scattered throughout phase 5,{ and 58 D-101.2 Concrete Sewer Pipe, l&inch, Class IIIo Required for construction of new connector taxiway, Taxiway .A3 o Scattered throughout phase 5A and 58 D-705.1 6iuch Perforated Polyethylene Pipe, Schedule 40 o Required for construction of new connector taxiway, Taxiway A3o Scattered throughout phase 5A and 58 D.705.2 Underdrain Clean-Out Type I o Required tbr construction of new connector taxiway, Taxiway A3o Scattered throughout phase 5A and 58 D-705.3 Underdrain Clean-Out Type II o Required for construction olnew connector taxiway, Taxiway A3o Scattered throughout phase 5A and 58 D-7 52.1 Concrete Headwallo Required for construction of new connector taxiway, Taxiway A3o Scattered throughout phase 5A and 58 T-901.f Seeding o Required for construction of new connector taxiway, Taxiway A3 o Scattered throughout phase 5A and 58 T-905.1 Topsoiling (Obtain on Site or Removed from Stockpile)o Required for construction of new connector taxiway, Taxiway .A3 o Scattered throughout phase 5A and 58 Ll0E.l #E AWG,5kV Power Cableo Required for construction of new connector taxiway, Taxiway A3o Scattered throughout phase 5A and 58 Ll08.2 Counterpoise Wire w/ Grounding Rodso Required for construction of new connector taxiway, Taxiway A3 o Scattered throughout phase 54' and 58 L1083 Temporary #8 AWG, SkV Jumper Cableo Required for constnrction of new connector taxiway, Taxiway A3o Scattered throughout phase 5A and 58 L-I10.1 2-way,4-inch PVC, Concrete Encased Type I Electrical Duct Banko Required for construction of new connector taxiway, Taxiway A,3o Scattered throughout phase 5A and 58 Lll0.2 4-way,2-inch, PVC, Concrete Encesed Type I Electrical Duct Banko Required for construction of new connector taxiway, Taxiway A3o Scattered throughoul phase 5A and 58 L-110.3 l-way,2-inch PVC, Direct Bury Type II Electrical Duct Banko Required for construction of new connector taxiway, Taxiway 43o Scatlered 5A and 58 Page 4 of 12 Ltl0.4 4-way,4-inch PVC, Concrcte Encased Type I Electricel Duct Bank o Required for construction of new connector taxiway, Taxiway A3o Scattered throughout phase 54' and 58 Ll15.l Electrical Junction Structure, Aircraft Ratedo Required for construction of new connector taxiway, Taxiway A3 o Scattered throughout phase 5A' and 58 I-115.2 Electrical Pull Box, Aircraft Rated o Required for construction of new connector taxiway, Taxiway A3 o Scattered throughout phase 5A and 58 l-125.1 LE6IT MITL, LED, Elevated Tariway Fixture o Required for construction of new connector taxiway, Taxiway A3 o Scattered throughout phase 5A and 58 l-125.2 L86lT MITL, LED, Elevated Taxiway Firture - Installed in Eristing Shoulder Pavement o Required for construction of new connector taxiway, Taxiway A3o Scattered throughout phase 5A and 58 L-125.3 Abandon Existing Texiway Edge Light ir Place and Install3lE" Blank Plate o Required for construction of new connector taxiway, Taxiway A3o Scattered throughout phase 5A and 58 l-125.4 LE50C HIRL, LED,Inset Ruuway Edge Light on l-868 Baseo Required for construction of new connector taxiway, Taxiway ,{3o Scattered throughout phase 5A and 58 L125.5 New Light Fixture Numbering Tags (All Trry A Circuit Firtures)o Required for construction of new connector taxiway, Taxiway A3 o Scattered throughout phase 5A and 58 l-125.6IJ58 (L) Airlield Guidance Sign,2 Module o Required for construction of new conn€ctor taxiway, Taxiway A3 o Scattered throughout phase 5A and 58 l-125.1 L858 (L) Airfield Guidance Sign,3 Moduleo Required for construction of new connector taxiway, Taxiway A3 o Scattered throughout phase 5A and 58 New Construction Specilications: NiA Revised Construction Specilications N/A 2. Reason(s) for the change(s) (Continue on reverse if necessary) X-I00.1 Mobilization, Cleanup, and Demobilization. The addition of a new mobilization line item and quantity is due to the work associated with the demolition of a portion of Taxiway A asphalt shoulder, construction of the new concrete connector l,axiway between Taxiway A and Runway l7-35, and the installation of several new taxiway edge lights and new Airfield Guidance Signs associated with the new connector taxiway. During the.construction of Taxiway A, the direct connection to Runway l7-35 from Taxiway B was removed per direction of the FAA. With the removal of this connection, the airport lost access to Taxiway A and the ramp from Runway l7-35 resulting in longer taxiing, slorver operations, and overall safety concems. This new connector taxiway will give access to Runway l7-35 from Taxiway A in the "middle" of the airfield and will help the control tower move aircraft efficiently during busy times. X-100.2 Airfield Safety and Traflic Control: The addition of a new airfield safety and traffic control line item and quantity is due to the work associated with the demolition of a portion of Taxiway A asphalt shoulder, construction of the new concrete connector taxiway between Taxiway A and Runway l7-35, and the installation of several new taxiway edge lights and new Airfield Cuidance Signs associat€d with the new connector taxiway. During the construction of Taxirvay A, the direct connection to Runway l7-35 from Taxiway B was rernoved per direction of the FAA. With the removal of this connection. the aimort lost access to Taxiway A and the ramp from Page 5 of 12 resulting in longer taxiing, slower operations, and overall safety concerns. This new connector raxiway will give access to Runway l7-35 from Taxiway A in the "middle" of the airfield and will help the control tower move aircraft efficiently during busy times. P-l0l.l Asphaltic ConcreJe Pavement Removal, Full Depth: The addition of a new asphalt demolition line item and quantity is due to the work associated with the demolition of a porlion of Taxiway A asphalt shoulder associated with the new connector taxiway. During the construction of Taxiway A, the direct connection to Runway l7-35 from Taxirvay B was removed per direction of the FAA. With the removal of this connection, the airport lost access to Taxiway A and the ramp from Runway l7-35 resulting in longer taxiing, slower operations, and overall safety concerns. This new connector taxiway will give access to Runway I7-35 from Taxiway A in the "middle" of the airfield and will help the control tower move aircraft efficiently during busy times. Due to the overall quantity of the item increasing along with the overall scope of the project requiring work along an active taxiway, work inside the Runway safety are4 and nightwork relegated to an 8 hour window, renegotiation of the original unit price is required. X-I50.7 Remove Taxiway or Runway Edge Light: The addition of a new taxiway edge light removal line item and quantity is due to the work along the existing Taxiway A and Runway 17-35 shoulder. Because the existing asphall shoulder and portions of the PCC pavement are being removed to suppoft the new conneclor taxiway, several of the existing edge lights and base cans must be removed. During the construction of Taxiway A, the direct connection to Runway l7-35 from Taxiway B was removed per direction of the FAA. With the removal of this connection, rhe airport lost access to Taxiway A and the ramp from Runway l7-35 resulting in longer taxiing, slower operations, and overall safety concems. This new connector taxiway will give access to Runway l7-35 from Taxiway A in the "middle" of the airfield and will help the control tower move aircraft efliciently during busy times. Although the overall quantity ofthe item did increase, renegotiation ofthe original unit price is not needed. X-150.8 Remove Pavement Markings: The addition of a new pavement marking removal line item and quantity is due to the work along the existing Taxiway A and Runway l7-35 shoulder. During the construction of Taxiway A, the direct connection to Runway 17-35 from Taxiway B was removed per dircction of the FAA. With the removal of this connection, the airport lost access to Taxiway A and the ramp from Runway l7-35 resulting in longer taxiing, slower operations, and overall safety concems. This new connector taxiway will give access lo Runway l7-35 from Taxiway A in the "middle" of the airfield and will help the control tower move aircraft efficiently during busy times. Due to the overall quantity of the item increasing along rvith the overall scope of the pdect requiring work along an active taxiway, work inside the Runway safety area, and nightwork relegated to an 8 hour window, renegotiation of the original unit price is required. P-I52.1 Unclassified Excavation, Off-Site Disposal: The addition of a new unclassified excavation line item and quantity is due to the work associated with construction of the new connector taxiway. During the construction of Taxiway A, the direct connection to Runway l7-35 from Taxiway B was removed per direction of the FAA. With the removal of this connection, the airport lost access to Taxiway A and the ramp from Runway l7-35 resulting in longer taxiing, slower operations, and overall safety concems. This new connector taxiway will give access to Runway l7-35 from Taxiway A in the "middle" of the airfield and will help the control tower move aircraft efficiently during busy times. Due to the overall quantity of the item increasing along with the overall scope of the project requiring work along an active taxiway, work inside the Runway safety area, and nightwork relegated to an 8 hour window, renegotiation of the original unit price is required. P-152.2 Subgrade Preparation: The addition of a new subgrade preparation line item and quantity is due to the work associated with construction of the new connector taxiway. During the construction of Taxiway A, the direct connection to Runway l7-35 fiom Taxiway B was removed per direction of the FAA. With the removal of this connection, the airport lost access to Taxiway A and the ramp from Runway l7-35 resulting in longer taxiing, slower operations, and overall safety concems. This new connector taxiway will give access to Runway l7-35 from Taxiway A in the "middle" of the airfield and will help the control tower move aircraft efficiently during busy times. Due to the overall quantity ofthe itenr increasing along with the overall scope ofthe project requiring rvork along an active taxiway, work inside the Runway safety area, and nightwork relegated to an 8 hour window, renegotiation of the original unit price is required. Page 6 of I2 P-152.3 Unsuitable/Over Excavation Stockpiled Material: The addition of a new unsuitable/over excavation stockpiled material line item and quantity is due to the work associated with construction of the new connector taxiway. This material will be stockpiled on site and used if the contractor encounters material deemed unsuitable by the engineer. During the construction of Taxiway A, the direct connection to Runway l7-35 from Taxiway B was removed per direction of the FAA. With the removal of this connection, the airport lost access to Taxiway A and the ramp from Runway I 7-35 resulting in longer taxiing, slower operations. and overall safety concerns. This new connector taxiway will give access to Runway l7-35 from Taxiway A in the "middle" of the airfield and will help the control tower move aircraft efficientl,v during busy times. P-154.1 Uncrushed Aggregrte Base Course (6" Depth): The addition of a new uncrushed aggregate base course line itent and quantity is due to the work associated with construction of the new connector taxiway. The 6" of uncrushed aggregate base course will be constructed under the proposed connector taxiway. During the construction of Taxiway A, the direct connection to Runway l7-35 from Taxiway B was removed per direction of the FAA. With the removal of this connection, the airport lost access to Taxiway A and the ramp from Runway I7-35 resulting in longer taxiing, slower operations, and overall safety concems. This new connector taxiway will give affess to Runway l7-35 from Taxiway A in the "middle" of the airfietd and will help the control tower move aircrafl efliciently during busy times. Due to the overall quantity of the item increasing along with the overall scope of the project requiring work along an active taxiway, work inside the Runway safety area, and nightwork relegated to an 8 hour window, renegotiation of the original unit price is required. P-156.1 Installation and Removal of Silt Fence, Type A: The addition of a new installation and removal of silt fence line item and quantity is due to the work associated with construction of the new connector taxiway. The new silt fencewill be installed and removed during the construction of the new connector, Taxiway A3. During the construction of Taxiway A. the direct connection to Runway l7-35 from Taxiway B was removed per direction of the FAA. With the removal of this connection, the airport lost access to Taxiway A and the ramp from Runway l7-35 resulting in longer taxiing. slower operations, and overall safety concems. This new connector taxiway will give access to Runway l7-35 from 'laxirvay A in the "middle" of the airfield and will help the control tower move aircraft efliciently during busy times. Although the overall quantity of the item did increase, renegotiation of the original unit price is not needed. P-156.10 Erosion Control Mobilization: The addition of a new erosion contrpl mobilization line item and quantity is due to the work associated with construction of the new connector taxiway. Prior to the construction of the new connector, Taxiway A3, the contractor must mobilize erosion control devices. During the construction of Taxiway A, the direct connection to Runway l7-35 from Taxiway B was removed per direction of the FAA. With the removal of this connection, the airport lost access to Taxiway A and the ramp from Runway t7-35 resulting in longer taxiing, slower operations. and overall safety concems. This new connector taxiway will give access to Runway l7-35 from Taxiway A in the "middle" of the airfield and will help the control tower move aircraft efficiently during busy times. Although the overall quantity ofthe item did increase, renegotiation ofthe original unit price is not needed. P-l56.11 Emergency Erosion Control Mobilization: The addition of a new emergency erosion control mobilization line item and quantity is due to the work associated with construction of the new connector taxiway. Prior to the construction of the new connector, Taxiway ,\3, the contractor must mobilize erosion control devices. ln the case of an emergency event, this line item allows the contractor to mobilize additional erosion control devices. During the construction of Taxiway A, the direct connection to Runway l7-35 from Taxiway B was removed per direction of the FAA. With the removal of this connection, the airport lost access to Taxiway A and the ranrp from Runway l7-35 resulting in longer taxiing, slower operations, and overall safety concems. This new connector taxiway will give access to Runway l7-35 from Taxiway A in the "middle" of the airfield and will help the control tower move aircraft efficiently during busy times. Although the overall quantity of the item did increase, renegotiation of the original unit price is not needed. P-501.5 Portland Cement Concrete Pavement (18" Depth): The addition of a new PCC concrete pavemenl line item The connector taxiway is Page 7 of l2 and quantity is due to the work associated with construction of the new connector proposed to be constructed with a surface of 18" of PCC pavement. During the construction of Taxiway A, the direct connection to Runrvay l7-35 from Taxiway B was removed per direction of the FAA. With the removal of this connection, the airport losl access to Taxiway A and the ramp from Runway I ?-35 resulting in longer taxiing, slower operations, and overall safety concems. This new connector taxiway will give access to Runway I7-35 from Taxiway A in the "middle" of the airfield and will help the control tower move aircraft efficiently during busy times. P-501.6 Portland Cement Concrete Shoulder Pavement (6" Depth): The addition of a new PCC concrete shoulder pavement line item and quantity is due to the work associated with construction of the new connector taxiway. The connector tariway shoulder is proposed to be constructed with a surface of 6" of PCC pavement. During the construction of Taxiway A, the direct connection to Runrvay l7-35 from Taxiway B was removed per direction of the F'AA. With the removal of this connection, the airport lost access to Taxiway A and the ramp from Runway l7-35 resulting in longer taxiing, slower operations, and overall safety concems. This new connector taxiway will give access to Runway l7-35 from Taxiway A in the "middle" of the airfield and will help the control tower move aircraft efliciently during busy times. P-605.1 Joint Sealing Filler: The addition of a new joint seal line item and quantity is due to the work associated with construction of the new connector taxiway. Because the new connector taxiway is proposed as a new concrete taxiway, joint seal must be placed once the pavement has cured. During the construction of Taxiway A, the direct connection to Runway l7-35 from Taxiway B was removed per direction of the FAA. With the removal of this connection, the airport lost access to Taxiway A and the ramp from Runway l7-35 resulting in longer taxiing, slower operations, and overall safety concerns. This ne\il connector taxiway will give access to Runway I7-35 from Taxiway A in the "middle" of the airfield and will help the control tower move aircraft efficiently during busy times. Although the overall quantity ofthe item did increase, renegotiation ofthe original unit price is not needed. P-620.1 Permanent Pavement Marking: The addition of a new permanent pavement marking line item and quantity is due to the work associated with construction of the new connector tariway. Once paving is complete and the concrete has cured, permanent pavement markings will be placed. During the construction of Taxiway A, the direct connection to Runway l7-35 from Taxiway B was removed per direction of the FAA. With the removal of this connection, the airport lost access to Taxiway A and the ramp from Runway l7-35 resulting in longer taxiing, slower operations, and overall salbty concerns. This new connector taxiway will give access to Runway l7-35 from Taxiway A in the "middle" of the airfield and will help the control tower move aircraft efficiently during busy times. Due to the overall quantity of the item increasing along with the overall scope of the project requiring work along an active taxirvay, work inside the Runway safety area" and nightwork relegated to an 8 hour window, renegotiation of the original unit price is required. P-620.2 Thermoplastic Surface Sign: The addition of a new thermoplastic surface sign line item and quantity is due to the work associated with construction of the new connector taxiway. Once paving is complete and the concrete has cured, thermoplastic surface signs will be placed at the RSA hold line. During the construction of Taxiway A, the direct connection to Runway l7-35 from Taxiway B was removed per direction of the FAA. With the removal of this connection. the airpon lost access to Taxiway A and the ramp from Runway l7-35 resulting in longer taxiing, slower operations, and overall safety concems. This new connector taxiway will give access to Runway l7-35 from Taxiway A in the "middle" of the airfield and will help the control tower move aircraft efliciently during busy times. P-620.3 Rellective Media: The addition of a new reflective media line item and quantity is due to the work associated with construction of the new connector taxiway. Once paving is complete and the concrete has cured, reflective media will be integrated into the new perrnanent pavement markings which will be painted. During the construction of Taxiway A. the direct connection to Runway I7-35 from Taxiway B was removed per direction of the FAA, With the removal of this connection, the airport lost access to Taxiway A and the ramp from Runway l7-35 resulting in longer taxiing, slower operations, and overall safety concems. This new connector taxiway will give access to Runway l7-35 from Taxiway A in the "middle" of the airfield and will help the control tower move aircraft efficiently during busy times. D-101.2 Concrete Sewer Pipe, lt-inch Class III: The addition of a new lE" concrete storm sewer line item and uantity is due to the work associated with construction of the new connector taxiwav. The construction of the PageSofl2 connector taxiway will require a new storm line to be constructed under the proposed taxiway. During the construction of Taxiway A, the direct connection to Runway I 7-35 from Tariiway B was removed per diriction of ine fee. Wittr the removal of this connection, the airport lost access to Taxiway A and the ramp from Runway l7-35 resulting in longer taxiing, slower op€rations, and overall safety concems. This new connector taxiway will give access to Runway l7-35 from Taxiway A in the "middle" of the airfield and will help the control tower move aircraft efiiciently during busy times. Due to the overall quantity of the item increasing along with the overall scope of the project requiring work along an active taxiway, work inside the Runway safety aiea. and nightrvork relegated to an 8 hour window, renegotiation of the originat unit price is required. D-705.1 Ginch Perforated Polyetbylene Pipe, Schedule 40: The addition of a new 6" underdrain line item andquantity is due to the work associated with construction of the new connector taxiway. The construction of the connector taxiway rvill require installation of new underdrain. During the construction of Taxiway A, the direct connection to Runway l7-35 from Taxiway B was removed per direction of the F'AA. With the removal of this connection, the airport losl access to Taxiway A and the ramp from Runway l7-35 resulting in longer taxiing, slower operations, and overall safety concerns. This new connector taxiway will give access to Runway l7-35 from TaxiwayA in the "middle" of the airfield and will help the control tower move aircraft efliciently during busy times. Due to the overall quantity of the item increasing along with the overall scope of the project requiring work along an active taxiway, work inside the Runway safety area, and nightwork relegated to an 8 hour window, renegotiition of the original unit price is required. D-70S.2 Underdrain Clean-Out Type I: The addition of a new underdrain clean-out line item and quantity is due ro the work associated with construclion of the new connector taxiway. The construction of the connector taxiway will require installation of new underdrain. During the construction of Taxiway A, the direct connection to Runway l Z-35 from Taxiway B was removed per direction of the FAA. With the removal of this connection. the airport lost access to Taxiway A and the ramp from Runway l7-35 resulting in longer taxiing, slower operations, and overall safety concerns. This new connector taxiway will give access to Runway I 7-35 from Taxiway A in the "middle" of the airfield and will help the control tower move aircraft efficiently during busy times. Although, the overall quantity of the item increased, renegotiation ofthe original unit price is not required. D-752.1 Concrete Headwall: The addition of a new concrete headwall line item and quantity is due to the work associated with construction of the new connector taxiway. The construction of the connector taxiway will require a new storm tine to be constructed under the proposed taxiway. During the construction of Taxiway A, the direit connection to Runway l7-35 from Taxiway B was removed per direction of the FAA. With the removal of this connection, the airport lost access to Taxiway A and the ramp from Runway l7-35 resulting in longer taxiing, slower operations, and overall safety concems. This new connector taxiway will give access to Runway l7-35 from TaxiwayA in the "middle" of the airli€ld and will help the control tower move aircraft efficiently during busy times. Althougir the overall quantity ofthe item did increase, renegotiation ofthe original unit price is not needed. T-901.1 Seeding: The addition of a new seeding line item and quantity is due to the work associated with construction of the new connector taxiway. The construction of the connector taxiway will disturb the infield and will require seeding once construction is complete. During the construction of Taxiway A, the direct connection to Runway l7-35from Taxiway B was removed per direction of the FAA. With the removal of this connection, the airport lost access to Taxiway A and the ramp from Runway l7-35 resulting in longer taxiing, slower operations, and overall safety concerns. This new connector taxiway will give access to Runway l7-35 from Taxiway A in the "middle" of the airfield and will help the control tower move aircrafl efliciently during busy times. Due to the overall quantity of the item increasing along with the overall scope of the project requiring work along an active taxiway, work inside the Runway safety area, and nightwork relegated to an 8 hour rvindow, renegotiation of the original unit price is required. T-905.1 Topsoiling (Obtain on Site or Removed from Stockpile): The additlon of a new topsoiling line item andquantity is due to the work associated with construction of the new connector taxiway. The construction of the Duri Page 9 ol l2 connector taxiway will disturb the infield and will require il to be once construction is the construction of Taxiway A, the direct connection to Runway I 7-35 from Taxiway B was removed per direction of the FAA' With the removal of this connection, the airport lost access to Taxiway A and the ramp from Runway l7-35 resulting in longer taxiing. slower operations, and overall safery concerns. This new connector taxiway will give access to Runway l7-35 from Taxiway A in the "middle" of the airfield and will help the control tower move aircrafl etfrciently during busy times. Due to the overall quantity of the item increasing along with the overall scope of theproject requiring work along an active taxiway, work inside the Runway safeqr area, and nightwork relegaied to an g hour window, renegotiation of the original unit price is required. L-l0E.l #8 AWG,SkV Power Ceble: The addition of a new power cable line item and quantity is due to the work associated with the the installation of several new taxiway edge lights and new Airfield CuiAanie Signs associated with the new connectortaxiway. During the construction of Taxiway A, the direct connection to Runway l7-35 from Taxiway B was removed per direction of the FAA. With the removat of this connection, the airport lost access toTaxiway A and the ramp from Runway l7-35 resulting in longer taxiing, slower operations, and overall safety concerns. This new connector taxiway will give access to Runway l7-35 from Taxiway A in the "middle" oithe airfield and will help the control tower move aircraft efficiently during busy tirnes. Alt-hough, the overall quantity of the item increased, renegotiation ofthe originat unit price is not required. L108.2 Counterpoise Wire w/ Grounding Rods: The addition of a new counterpoise line item and quantity is due to the work associated with the installation of several new taxiway edge lights and new Airfield Guidance Signs associated with the new connector taxiway. During the construction of Taxiway A, the direct connection to Rrn*uyl7-35 from Taxiway B was removed per direction of the FAA. With the removal of this connection, the airport losi access to Taxiway A and the ramp from Runway l7-35 resulting in longer taxiing, slower operations. and overall safety concems. This new connector taxiway will give access to Runway l7-35 from Taxiway A in the "middle" of the airfield and will help the control lower move aircraft efficiently during busy times. Although, the overall quantity ofthe item increased, renegotiation ofthe original unit price is not required. Ll l0.l 2-way, Ginch PVC, Concrete Encased Type I Electrical Duct Bank The addition of a new direct bury ducr bank line item and quantity is due to the work associated with the installation of several new taxiway edge lights andnew Airfield Cuidance Signs associated with the new connector taxiway. The additional l-way, 2-inch duct bank will be constructed along the shoulders, not under pavement. During the construction of Taxiway A, the direct connectionto Runrvay l7-35 from Taxiway B was removed per direction of the FAA. With the removal of this connection, the airport lost access to Taxiway A and the ramp from Runway l7-35 resulting in longer taxiing, slower operations, and overall safety concerns. This new connector taxiway will give access to Runway l7-35 from Taxiway A in the"middle" of the airfield and will help the control torver move aircraft efficiently during busy times. Due to the overall quantity of the item increasing along with the overall scope of the project requiring worft. along an active taxiway. work inside the Runway safety are4 and nightwork relegated to an 8 hour window, renegoliation oflhe original unit jrice is required. Lll0.3 l-way,2-inch PVC, Direct Bury Type II Electrical Duct Bank: The addition of a new direct bury duct bankline item and quantity is due to the work associated with the installation of several new taxiway edge lights ind newAirfield Guidance Signs associated with the new connector taxiway. The additional l-way, 2-inch duct bank wi1 be constructed along the shoulders, not under pavement. During the construction of Taxiway A, the direct connection to Runway l7-35 from Taxiway B was removed per direction of the FAA. With the removal of this connection, the airport lost access to Taxiway A and the ramp from Runway l7-35 resulting in longer taxiing, slower operations, andoverall safety concerns. This new connector taxiway will give access to Runway l7-35 from Taxiway A in the "middle" of the airfield and will help the control lower move aircraft efficiently during busy times. Lll0.4 4-way,4-inch PVC, Concrete Encased Type I Electrical Duct Bank: The addition of a new concrete encased duct bank line item and quantity is due to the work associated with the installation of several new taxiway edge lights and new Airfield Guidance Signs associated with the new connector taxiway. A portion of new duct bank is the additional concrete encased duct bank is Pagc l0of12 to be constructed under the connector taxi At this prcposed. During the construclion of Taxiway A, the direct conneclion to Runway l7-35 from 'l'axiway B wasremoved per direction of the FAA. With the removal of this connection, the airport lost access to Taxiway A and theramp from Runway l7-35 resulting in longer taxiing, slower operations, and oviratl safety concems. This new connector taxiway will giv-e access to Runway l7-35 from Taxiway A in the "middle" of the airfield and will help thecontrol tow€r move aircraft efficiently during busy times. Ll 15.l Electrical Junction Structurg Aircraft Rated: The addition of a new electrical junction sffucture line itemand quantity is due to the work associated with the installation of several new faxiway eage tigtrts and new AirfieldGuidance Signs associated with the new connector taxiway. On either side of the p.oporia co-nnector taxiway. a newpull box is proposed. During the construction of Taxiway A, the direct connection tohunway 17-35 from Taxiway Bwas removed per direction of the FAA. With the removal of this connection, the airport lost access ro Taxiway A and the ramp from Runway I7-35 resulting in longer taxiing, slower operations, and overail safety concerns. This newconnector taxiway will giv_e arcess to Runway l7-35 from Taxiway A in the "middle" of the airfield and will help thecontrol tower move aircraft efficiently during busy times. Due to the overall quantity of the item increasing along withthe overall scope of the project requiring rvork along an active taxiway, work inside ih. Rrn*uy safety arel, andnightwork relegated to an 8 hour window, renegotiation of the original unit price is required. Llf 5.2 Electrical Pull Box, Aircraft Rated: The addition of a new electrical pull box line item and quantity is due tothe work associated with the installation of several new taxiway edge lights and new Airfield Guidance Signsassociated with the new connector taxiway. On either side of the proposed connector taxiway, a new pull l,ox isproposed. During the construction of Taxiway A, the direct connection to Runway l7-35 from Taxiway B wasremoved per direction of the FAA. With the removal of this connection, the airport lost access to Taxiway A and theramp from Runway l7-35 resulting in longer taxiing, slower operations, and overall safety concems. This new connector taxiway will giv_e access to Runway l7-35 from Taxiway A in the "middle" of the airfield and will help thecontrol tower move aircraft efYiciently during busy times. Lt25.l L861T MITL, LED, Elevated Tariway f ixture: The addition of a new elevated taxiway fixture line item and quantity is due to the work associated with the installation of several new taxiway edge lightsiequired with the newconnector laxiway. During the construction of Taxiway A, the direct connection to Runway lZ-f S f.o. Taxiway Bwas removed per direction of the FAA. With the removal of this connection, the airport loit access to Taxiway A andthe ramp from Runway l7-35 resulting in longer taxiing, slower operations, and overall safety concerns. This newconnector taxiway will give access to Runway l7-35 from Taxiway A in the "middle" of the airfield and will help thecontrol tower move aircraft efficiently during busy times. Due to the overall quantity of the item increasing don! with the overall scope of the project requiring work along an active taxiway, work inside ih" Run*uy safety arei, and-nightwork relegated to an 8 hour window, renegotiation of the original unit price is required. L125.2 L86lT MITL, LED, Elevated Taxiway Fixture - Installed in Existing Shoulder Pavement: The additionof a new elevated taxiway fixture installed in existing shoulder pavement line item and quantity is due to the work associated with the installation of several new taxiway edge lights required with the new connector taxiway. During the construction of Taxiway A. the direct connection to Runway I7-35 from Taxiway B was removed per direction-of the FAA. With the removal of this connection, the airport lost access to Taxiway A and the ramp from Runway l7-35resulting in longer taxiing. slower operations, and overall safety concerns. This new connector taxiway will give accessto Runrvay l7-35 from Taxiway A in the "middle" of the airfield and will help the control tower move aircraftefficiently during busy times. L-125.3 Abandon Existing Taxiway Edge Light in Place and Install3/8'Bleuk Plate: The addition of a new abandon existing edge light line item and quantity is due to the work associated with the installation of several newtaxiway edge lights required with the new connector taxiway. During the construction of Taxiway A, the directconnection to Runway l7-35 from Taxiway B was removed per direction of the FAA. With the removal of thisconnection. the airport lost access to Taxiway A and the ramp from Runway l7-35 resulting in longer taxiing, sloweroperations, and overall safety concerns. This new connector taxiway will give access to Runway 17-15 frorn- taxiwayA in the "middle" of the airfield and will help the control tower move aircraft efTiciently duringtusy times. Page ll of12 l-125.4 L850C HIRL, LED, Inset Runway Edge Light on l-E6E Base: The addition of a new runrvay edge light line item and quantity is due to the work associated with the installation of a new rundway edge light required with the new connector taxiway. During the construction of Taxiway A, the direct connection to Runway 17-35 from Taxiway B was removed per direction of the FAA. With the removal of this connection, the airport lost access to Taxiway A and the ramp from Runway l7-35 resulting in longer taxiing, slower operationsr and overall safety concems. This new connector taxiway will give access to Runway l7-35 from Taxiway A in the "middle" of the airfield and will help the control tower move aircraft efficiently during busy times. L125.5 New Light Fixture Numbering Tags (All Trvy A Circuit Fixtures): The addition of a new light fixture number tags line item and quantity is due to the work associated with the installation of several new taxiway edge lightsrequired with the new connector taxiway. During the construction of Taxiway A, the direct connection to Runway i-Z- 35 from Taxiway B was removed per direction of the FAA. with the removal of this connection, the airport lost access to Taxiway A and the ramp from Runway l7-35 resulting in longer taxiing slower operations, and overall safety concerns. This new connector taxiway will give access to Runway l7-35 from Taxiway A in the "middle" of the airfield and will help the control tower move aircraft efliciently during busy times. L-125.6 Lt58 (L) Airlield guidance Sign, 2 Module: The addition of a new 2 module sign line item and quantiry is due to the work associated rvith the installation of new Airfield Guidance Signs required witn tne new connectortaxiway. During the construction of Taxiway A, the direct connection to Runway I ?-35 from Taxiway B was removed per direction of the FAA. With the removal of this connection, the airport lost access to Taxiway I and the ramp from Runway l7-35 resulting in longer taxiing, slower operations, and overall safety concerns. This new connector taxiwaywill give access to Runway I7-35 from Taxiway A in the "middle" of the airfield and will help the control tower moveaircraft efficiently during busy times. L'125.7 LE58 (L) Airlield guidance Sign,3 Module: The addition of a new 3 modute sign line irem and quantity is due to the work associated with the installation of new Airfield Guidance Signs requireO wittr ttre new connectortaxiway. During the construction of Taxiway A, the direct connection to Runway i7-35 from Taxiway B was removed per direction of the FAA. With the removal of this connection, the airport lost access to Taxiway a and the ramp from R!!w.ay l7-35 resulting in longer taxiing, slower operations, and overall safefr concerns. This new connector taxiwaywill give access to Runway l7-35 from Taxiway A in the "middle" of the airfield and will help the control ro*e. morlaircraft efficiently during busy times. 3. The Sponsor's share of this cost is available from: NA 4. lf this is a supplemental agreement involving more than 52,000, is the cost estimate based on the latest wage rate decision? Yes X No n Not Applicable ! 5. Has consent ofsurety been obtained? Yes n NotNecessary fi 6. Will this change affect the insurance coverage? yes f] No X 7. lf yes. will the policies be extended? Yes n No I Not Applicable ffi 8. Has this Change Order been discussed with FAA officials? yes I No fl Wtren: l/1712019 Wirh Whom: Mrs. Anna Lynch Comment(s): Page 12 of 12 AlnmfgbndAtpili.mDlrb Alr Grfllr ril OrriJ ftScn lprut . Ph fAtPt&lrsil{a&Lrrm* utrr*rt10',4,,il, Gorr'|th PrGrurt Rsnonl Full Dotlu lrnrovr Ofl-Str HIIL LE El.til.d Tdry Fmr+ hflod ln ffi; Commission Meeting Agenda 12/3/2019 2:00 PM Change Order # 2 McCarthy Department:Augusta Regional Airport Department:Augusta Regional Airport Caption:Motion to approve the Change Order #2 McCarthy for works that will be carried out by McCarthy Improvement Company for the GA Apron Ramp Rehabilitation Project at Augusta Regional Airport. Background:The original scope of work provides for the reconstruction of Asphalt Apron with concrete in addition to storm sewer improvements on the north and south Commercial and General Aviation ramp areas at the Augusta Regional Airport, which is currently being performed by McCarthy Improvement Company for a contracted amount of $12,942,155.50. This change order modifies the original construction costs due to additional scope items necessary to construct new Taxiway A3. Tasks are listed below: New Bid Items: · Mobilization, Cleanup, and Demobilization · Airfield Safety and Traffic Control · Asphaltic Concrete Pavement Removal, Full Depth · Removal of Taxiway or Runway Edge Lights · Removal of Pavement Markings · Excavation · Subgrade Preparation · Uncrushed Aggregate Base Course · Installation and Removal of Silt Fence · Erosion Control Mobilization · 18” Portland Cement Concrete Pavement · 6” Portland Cement Concrete Shoulder Pavement · Joint Sealing Filler · Permanent Pavement Marking · Thermoplastic Surface Sign · Concrete Sewer Pipe · Underdrain Clean-Out · Concrete Headwall · Seeding · Power Cables · Grounding Rods · Electrical Duct Bank · Electrical Pull Box (Aircraft Rated)LED Taxiway Fixtures and Edge Lighting · Airfield Guidance Signs Analysis:During the construction of Taxiway A, the direct connection to Runway 17-35 from Taxiway B was removed per direction of the FAA. With the removal of this connector, the airport lost access to Taxiway A and the ramp from Runway 17-35 resulting in longer taxiing, slower operations, and overall safety concerns. After meeting with the ADO in August 2019, it was determined by the Airport and FAA ADO that a new Taxiway A3 should be constructed in order to assist in Airport Operations and Safety. This new connector taxiway will give access to Runway 17-35 from Taxiway A in the “middle” of the airfield and will help the control tower move aircraft traffic efficiently. Financial Impact:This Change Order will result in a contract addition of $1,900,302.25, to a new project cost of $14,536,347.55 based on the FAA approved modifications to quantities, specifications and construction time to the construction scope. This change order cost will be added to the overall contract cost and will be covered 90% by AIP funding. Alternatives:To Deny Recommendation:Augusta Aviation Commission recommends approval. Funds are Available in the Following Accounts: 90%AIP Funds FAA 551081302-5412110 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Commission Meeting Agenda 12/3/2019 2:00 PM Third Amendment Hall Marketing Contract Department:Augusta Regional Airport Department:Augusta Regional Airport Caption:Motion to approve the third amendment (6 month extension) with Hall Marketing for consulting services with Augusta Regional Airport. Background:The Airport is requesting a six (6) month extension to the Hall Marketing contract. This extension will provide the Airport’s marketing operation continuity at a critical juncture. A few examples of Hall Marketing’s duties/responsibilities will include:1) Working with staff to fulfill mandatory marketing activities associated with the Airport’s receipt and execution of the Federal Department of Transportation’s Small Community Air Service Development (SCASD) grant. This minimum revenue guarantee (MRG) grant may be used to offset airline monetary risks associated with the startup of the Washington DC to/from Augusta air service. Specifically, the marketing efforts will be focused on awareness and utilization of the new route. 2) Reviewing media proposals (TV/Cable, radio, print, and digital).3) Comparing and negotiating rates, ad space, desirable air times, and sponsorships.4) Preparing air time schedule and adjust as needed to reach target audiences. 5) Optimizing resources for the best media mix for reach and frequency 6) Oversight of outside contracts such as the website, online flight information display system, weather map software, booking engine, etc. Analysis:The Augusta Commission recently approved a 60-day contract extension which expires at the end of October. The Airport had initiated a Request for Proposal (RFP) process. However, due to the timing and marketing-related agreements associated with the upcoming Washington DC service (with the US DOT and the Airline), the Airport Executive Director did not deem it feasible to make an agency change at this point. This 6-month extension will be the final amendment of the existing Hall Marketing contact. The Airport will immediately begin an assessment of its marketing strategy. This assessment period will include potentially assuming more marketing activities utilizing internal staff resources. If required, at the earliest, the Airport will solicit external marketing services in FY 2021. Financial Impact: Alternatives:To Deny Recommendation:Aviation Commission requests approval of a six month extension with Hall Marketing- 3rd Amendment. Funds are Available in the Following Accounts: 551081111-5233112 Enterprise Fund REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Commission Meeting Agenda 12/3/2019 2:00 PM Municipal Course Department: Department: Caption:Discuss the changes at the Municipal Course as it relates to veterans. (Requested by Commissioner Bill Fennoy) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Nancy MoFwski From: Sent: lo: Cc: Subject: Ms. Bonner, Commissioner Sean Frantom Wednesday, November 20,20L9 2:34 PM Lena Bonner Nancy Morawski; Robert H. Sherman Agenda Item - Public Services Please add the following agenda item to Public Services- Discuss a plan to update the processes of how businesses get licenses for catering/one day atcohol permits and receive them once completed. Thank you, Sean Frantom Commissioner District 7 (705)s64-L663 sfra ntom @a ugustaga. gov Thls e-mail contains confidcntial informalion and is inlended only for the individual named. lf you are not lhe nameci addresscc, you should not disseminate,distributeorcopythise-mall Pleasenotifythesenderimmediatelybye-mail if youhavereceivedthise-mail bymistakeanddeletethise-mail fromyoursystem.t he City of Augusla accepls no liabilily for the content of this e-mail or for the consequences of any acttons taken on the basis of the information provided, unlessthat information is subsequenlly confirrnecj in writing. Any views or oprnions presenled in this e-mail are solely those of the author and do nol necessarily representthose of the City of Augusta. E-mail transmissions cannot be guaranteed to be secure or error-free as informition could be intercepted, corrupted, lost, iesiroyed,arrive late or incomplete or contain viruses The sender therefore does not accept liability for any errors or onrissions in the conlent of this message which ariie asa result of the e-mail transmission. lf verification is required. please requesl a hard copy version.AED:104 1 Commission Meeting Agenda 12/3/2019 2:00 PM Business Licenses for Catering/One Day Alcohol Permits Department: Department: Caption:Discuss a plan to update the processes of how businesses get licenses for catering/one day alcohol permits and receive them once completed. (Requested by Commissioner Sean Frantom) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 12/3/2019 2:00 PM Jessye Norman School Department: Department: Caption:Discuss/approve a request from the Jessye Norman School of The Arts to place a public art piano in the lobby of the Municipal Building as part of their Public Art Project. (Requested by Commissioner Bill Fennoy) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Carpet Luxury Vinyl Tile Vinyl Composition Tile Invitation to Re-Bid Sealed bids will be received at this office until Thursday October 10, 2019 @ 11:00 a.m. for furnishing: Re-Bid Item #19-153B Sheriff’s Administration Building Flooring Replacement for Augusta, Georgia – Central Services Department RE- 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 Re-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. A Mandatory Pre Bid Conference will be held on Wednesday, September 25, 2019 @ 10:00 a.m. in the Procurement Department, 535 Telfair Street, Room 605, Augusta, GA 30901. A Mandatory Site-visit will follow. 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 Thursday, September 26, 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 100% performance bond and 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 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 OFFICIAL VENDORS MERIT COMMERCIAL FLOORING 3114 WRIGHTSBORO RD. AUGUSTA, GA 30909 CCS FLOORING TECH 811 LANEY WALKER BLVD. AUGUSTA, GA 30901 WBM CONSTRUCTION 2423 SUGAR ROAD METTER, GA 30439 QUINTECH SOLUTIONS, INC 2550 LITHONIA WEST DRIVE LITHONIA, GA 30058 UGMS GENERAL CONTRACTING 31 JAY BOY LANE GLENNVILLE, GA 30427 Attachment B Yes Yes Yes Yes Yes E-Verify Number 252084 1444920 219759 590711 121232 Addendum 1 Yes Yes Yes Yes Yes SAVE Form Yes Yes Yes Yes Yes Compliance Review 18% Goal NO / Non-Compliant Yes NO / Non-Compliant Yes No / Non-Compliant Square ft.21,870 14,377 23,103 22,920.30 25,500 Price $13,851.00 $96,450.50 $23,103.00 $15,024.37 $39,366.07 Square ft.8,910 979 1,000 8,213.04 7,500 Price $58,212.00 $35,198.65 $75,000.00 $60,588.00 $54,128.34 Linear/sq. Ft.15,500 1,472 16,800 15,291.92 18,000 Price $107,725.00 $90,367.33 $90,888.00 $96,650.45 $152,543.52 Total Bid Price $179,788.00 $222,016.48 $188,991.00 $172,262.82 $246,037.93 Re-Bid Item #19-153B Sheriff’s Administration Building Flooring Replacement for Augusta, Georgia - Central Services Department -Facilities Maintenance Division Re-Bid Due: Thursday, October 10, 2019 @ 11:00 a.m. The following vendor did not respond: GRAHAMS FLOORING / 112 E BRAZELLE ST. / REIDSVILLE, GA 30453 Pricing Total Number Specifications Mailed Out: 24 Total Number Specifications Download (Demandstar): 1 Total Electronic Notifications (Demandstar): 26 Mandatory Pre-Bid/Telephone Conference: 7 Total packages submitted: 5 Total Non-Compliant: 3 Carpet Tiles Removal & Disposal Installation LVT Tiles w/Accessories Installation Carpet Tiles w/Accessories Page 1 of 1 TO: FROM: DATE: RE: Central Services Department Takiyah A. Douse, Director 2760 Peach Orchard Road, Augusta, GA 30906 laquona Sanderson, Business Analyst (706) 821-7174 Phone (706) 796-5077 Fax MEMORANDUM � Sams, Director, Procurement Department dfakiyah A. Douse, Director, Central Services Department October 24, 2019 Recommendation Memo for Bid Item #19-153B Sheriff's AdministrationBuilding Flooring ReplacementThere were two compliant bids that were received on October 10, 2019 for the referenced Bid Item. Quintech Solutions, Inc. submitted the lowest responsible based bid at $172,262.82. We recommend accepting and awarding the bid at the proposed price. Thank you for your assistance in securing these prices. Please do not hesitate to call if you have any questions or need additional information. TAD/lcs Commission Meeting Agenda 12/3/2019 2:00 PM ITB 19-153B RCSO Flooring Department:Central Services Department Department:Central Services Department Caption:Approve Quintech Solutions, Inc of Lithonia, Georgia to replace the flooring at the Richmond County Sherriff’s Office in the amount of $172,262.82. ITB 19-153B Background:The Richmond County Sherriff’s Office was constructed in 2014 and since this time the carpet within the facility has experienced irrevocable stains and damage which require replacement. In an effort to ensure the facility flooring is able to withstand the high traffic conditions, the flooring will be replacement with luxury vinyl tile rather than carpet squares, in most places. The attached diagram outlines product installation areas. Analysis:The carpet in the facility has been cleaned numerous times and will not come clean in most areas. It has been determined that carpet would not be the ideal flooring type for this facility due to its current operations, flooring maintenance and high traffic conditions. Financial Impact:Bid #19-153B was solicit for the replacement of the Sherriff’s Administration Building Flooring and opened on October 10, 2019. Quintech Solutions, Inc. of Lithonia, Georgia was deemed the lowest responsible vendor with a quoted price of $172,262.82. Alternatives:1. Approve Quintech Solutions, Inc of Lithonia, Georgia to replace the flooring at the Richmond County Sherriff’s Office in the amount of $172,262.82. 2. Do not approve Recommendation:Approve Quintech Solutions, Inc of Lithonia, Georgia to replace the flooring at the Richmond County Sherriff’s Office in the amount of $172,262.82. Funds are Available in the Following Accounts: CSD Facility Capital 272016210/5413120 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission BID 19-272 Year 2020 2020 2020 Make Hino Freightliner International Model $268.00 M2106 MV607 5.01 2019/2020 Super Duty Class 6 Truck Chassis $80,300.00 $86,295.00 $84,987.95 NO Bid 5.17 Crew Cab Option N/A N/A $9,925.00 Delivery Date 120 Days ARO Jan/Mar 2021 90-120 Days ARO TOTALS:$80,300.00 $86,295.00 $84,987.95 $0.00 Will not be purchasing the Crew Cab option. FOR ALL DEPARTMENTS-NON CDL DUMP TRUCK- BID OPENING 9/6/19 @ 11:00 Nichols Fleet EquipmentFreightliner of Augusta Rush Truck CenterMatthew Motors Invitation to Bid Sealed bids will be received at this office until Friday, September 6, 2019 @ 11:00 a.m. for furnishing for Augusta, GA Central Services Department - Fleet Maintenance Bid Item #19-272 2019/2020 Truck, Dump Trash Body Type, 26,000 GVWR – Non CDL Bid Item #19-275 2020 Compact Sport Utility Vehicle 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, August 23, 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 August 1, 8, 15, 22, 2019 Metro Courier August 1, 2019 OFFICIAL VENDORS Mattew Motors 1351 Gordon Highway Augusta, GA 30901 Freightliner of Augusta 2930 Riverwest Dr Augusta, GA 30907 Rush Truck Center 2925 Gun Club Rd. Augusta, GA 30907 Nichols Fleet Equipment 2401 E. 31 Street Chattanooga, TN 37407 Attachment B Yes Yes Yes No Bid Response E-Verify Number 873249 593835 1255460 SAVE Form Yes Yes Yes 5.01 2019/2020 Super Duty (Class 6) Truck Chassis $80,300.00 $86,295.00 $84,987.95 5.17 Crew Cab Option N/A N/A $9,925.00 YEAR 2020 2020 2020 MAKE Hino Freightliner International MODEL 268 M2106 MV607 APPROXIMATE DELIVERY TIME 120 Days ARO Jan-Mar 2021 90-120 Days ARO CHASSIS OPTIONS REQUIRED Total Number Specifications Mailed Out: 18 Total Number Specifications Download (Demandstar): 1 Total Electronic Notifications (Demandstar): 19 Georgia Procurement Registry: 276 Mandatory Pre-Bid/Telephone Conference: N/A Total packages submitted: 3 Total Non-Compliant: 0 Bid Opening - Bid Item #19-272 2019/2020 Truck, Dump Trash Body Type, 26,000 GVWR - Non CDL for Augusta, Georgia- Central Services Department - Fleet Maintenance Division Bid Due: Friday, September 6, 2019 @ 11:00 a.m. 2019/2020 TRUCK, DUMP TRASH BODY TYPE, 26,000 GVWR - NON CDL Page 1 of 1 Commission Meeting Agenda 12/3/2019 2:00 PM 2019 - 19-272 Trash Dump Body, Engineering Maintenance Department:Central Services Department - Fleet Management Division Department:Central Services Department - Fleet Management Division Caption:The Engineering Maintenance Division of the Engineering Department requests the purchase of one new truck, non-CDL Trash Dump Body, at a cost of $84,987.95 from Rush Truck Center of Augusta, GA. Bid item 19-272. Background:The truck will support tree removal operations. It allows for the loading, transport and dumping of heavy tree trunks, branches and debris by the tree crew. The tree crew is currently using a single axel dump truck which is not appropriate, as trees and logs get hung up in the tail gate when dumping. The bid tab sheet for Bid 19-272: Truck, Non-CDL Trash Dump Body is attached for your review. Analysis:The Procurement Department published a competitive bid also using the Demand Star application and Georgia Procurement Registry for a truck, non-CDL Trash Dump Body. Invitations to bid were sent to eighteen (18) vendors to include four (4) qualified local vendors. The vendor, Rush Truck Center, from Augusta, GA was the lowest most responsive bidder able to offer the required product with the requested specifications at the lowest price. Bid 19-272: Truck, Non-CDL Trash Dump Body: 2020 International MV607 – Rush Truck Center of Augusta: $84,987.95 (Augusta, GA); 2020 Hino 268 – Matthews Motors of Augusta: $80,300.00 – Did not meet specs (Augusta, GA); 2020 Freightliner M2 106 – Freightliner of Augusta: $86,295.00 (Augusta, GA) Financial Impact:One (1) – 2020 International MV607 @ $84,987.95 each. The equipment will be purchased with capital funds (ACCT# 272- 01-6440/54.22210). Alternatives:(1) Approve the request; (2) Do not approve the request Recommendation:Approve the purchase of one 2020 International MV607 at a cost of $84,987.95 from Rush Truck Center of Augusta for the Engineering Maintenance Division of the Engineering Department. Funds are Available in the Following Accounts: Capital fund 272 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Recall ASSET DESCRIPTION SERIAL NUMBER DEPARTMENT ODOMETER DRIVERS PASSENGERS N/A 203186 2003 Ford Ranger 1FTZR15EX3TA48938 Utilities-Construction & Maint 133,380 N/A N/A N/A 203192 2003 Ford Ranger 1FTYR14U23PB78239 Utilities-Central Ave Filter Plant 64,241 N/A N/A 204043 2004 Ford Ranger 1FTYR14U94PB31002 Utilities-Tobacco Rd Filter Plant 94,840 05/19/2016 2/103/2018 204044 2004 Ford Ranger 1FTYR14U04PB31003 Utilities-Facilities Maintenance 74,621 4/12/2016 02/13/2018 204052 2004 Ford Ranger 1FTYR14U54PB31000 Utilities-Construction & Maint 112,409 01/04/2016 5/25/2018 204057 2004 Ford Ranger 1FTYR14U24PB31004 Utilities-Water Quality 98,676 02/21/2018 2/21/2018 204334 2005 Ford Ranger 1FTYR14U95PA67545 Storm Water Utility 125,378 04/14/2016 2/21/1018 205004 2005 Ford Ranger 1FTZR15E15PA67549 Utilities-Admin/Engineering 111,609 4/18/2018 5/8/2018 205005 2005 Ford Ranger 1FTZR15E85PA67550 Utilities-Admin/Engineering 77,960 02/03/2016 7/11/2018 205006 2005 Ford Ranger 1FTZR15EX5PA67551 Utilities-Construction & Maint 105,005 10/13/2015 4/13/2018 205170 2005 Ford Ranger 1FTYR14U05PB11870 Utilities-RWPS 85,942 02/26/2016 5/14/2018 N/A 205264 2006 Ford Ranger 1FTYR14U46PA54431 Utilities-Construction & Maint 68,109 N/A N/A N/A 206059 2006 Ford Ranger 1FTYR14U86PA87755 Utilities-Customer Service 128,069 N/A N/A 207002 2007 Ford Ranger 1FTYR14U17PA82155 Utilities-Admin/Engineering 20,240 11/6/2019 11/6/2019 208119 2008 Ford Ranger 1FTYR14U08PA89406 Extension Services 85,757 11/03/2016 11/3820016 208143 2008 Ford Ranger 1FTYR14UX8PA96234 Utilities-Customer Service 80,608 04/03/2017 4/3/2017 208144 2008 Ford Ranger 1FTYR14U18PA96235 Utilities-Customer Service 118,388 11/23/2016 4/20/2018 208145 2008 Ford Ranger 1FTYR14U38PA96236 Utilities-Customer Service 110,932 08/15/2016 3/26/2018 208146 2008 Ford Ranger 1FTYR14U58PA96237 Utilities-Customer Service 146,601 08/15/2016 4/12/2018 208147 2008 Ford Ranger 1FTYR14U78PA96238 Utilities-Customer Service 159,780 08/22/2016 7/5/2018 208148 2008 Ford Ranger 1FTYR14U98PA96239 Utilities-Customer Service 98,647 1/4/2019 1/4/2019 208149 2008 Ford Ranger 1FTYR14U58PA96240 Utilities-Customer Service 102,935 03/07/2017 2/21/2017 208150 2008 Ford Ranger 1FTYR14U78PA96241 Utilities-Customer Service 119,309 04/27/2017 1/5/2018 208157 2008 Ford Ranger 1FTYR14U88PA96233 Utilities-Facilities Maintenance 90,963 11/05/2019 11/5/2019 208205 2008 Ford Ranger 1FTYR14UX8PB07801 Utilities-RWPS 69,697 11/03/2016 8/13/2018 209002 2009 Ford Ranger 1FTYR14D79PA37224 P&D Building Inspections 79,488 07/17/2017 8/30/2018 209003 2009 Ford Ranger 1FTYR14D99PA37225 P&D Building Inspections 63,015 07/31/2017 4/30/2019 209004 2009 Ford Ranger 1FTYR14D09PA37226 P&D Building Inspections 76,066 09/29/2016 12/20/2018 209005 2009 Ford Ranger 1FTYR14D29PA37227 P&D Code Enforcement 95,397 09/19/2016 9/4/2018 209006 2009 Ford Ranger 1FTYR14D49PA37228 P&D Building Inspections 60,870 10/31/2019 10/31/2019 209007 2009 Ford Ranger 1FTYR14D69PA37229 P&D Building Inspections 69,175 09/19/2019 1/11/2018 209008 2009 Ford Ranger 1FTYR14D29PA37230 P&D Building Inspections 64,372 10/18/2016 8/15/2018 209009 2009 Ford Ranger 1FTYR14D49PA37231 P&D Building Inspections 60,983 02/13/2018 12/18/2018 209010 2009 Ford Ranger 1FTYR14D69PA37232 P&D Building Inspections 92,364 09/29/2016 3/22/2018 209011 2009 Ford Ranger 1FTYR14D89PA37233 P&D Code Enforcement 88,699 12/13/2016 6/15/2017 209012 2009 Ford Ranger 1FTYR14DX9PA37234 P&D Building Inspections 71,040 08/15/2018 10/05/2018 209013 2009 Ford Ranger 1FTYR14D19PA37235 P&D Building Inspections 71,676 08/23/2016 2/15/2018 209098 2009 Ford Ranger 1FTYR14D19PA46761 Utilities-Central Ave Filter Plant 19,293 8/23/2016 2/15/2018 209099 2009 Ford Ranger 1FTYR14D39PA46759 Utilities-Construction & Maint 66,217 08/09/2016 11/1/2017 209100 2009 Ford Ranger 1FTYR14DX9PA46760 Utilities-Construction & Maint 87,756 10/26/2016 8/15/2019 Recall ASSET DESCRIPTION SERIAL NUMBER DEPARTMENT ODOMETER DRIVERS PASSENGERS 209101 2009 Ford Ranger 1FTYR14D39PA46762 Utilities-Customer Service 127,502 09/13/2016 1/17/2018 209103 2009 Ford Ranger 1FTYR14D79PA46764 Utilities-Customer Service 114,826 08/12/2016 8/31/2018 209135 2009 Ford Ranger 1FTYR14D59PA55883 Utilities-Construction & Maint 68,642 09/26/2016 6/18/2018 209172 2010 Ford Ranger 1FTKR1ED6APA00559 Mosquito Control 38,692 02/16/2017 4/25/2018 210146 2011 Ford Ranger 1FTKR1ED8BPA04906 Procurement 26,674 09/08/2016 4/25/2018 210147 2011 Ford Ranger 1FTKR1EDXBPA04907 Procurement 23,476 09/23/2016 4/25/2019 210148 2011 Ford Ranger 1FTKR1ED1BPA04908 P&D Code Enforcement 108,269 10/04/2016 7/25/2018 210164 2011 Ford Ranger 1FTKR1ED2BPA06909 Utilities-Customer Service 95,820 10/19/2016 1/17/2018 210166 2011 Ford Ranger 1FTKR1ED0BPA06911 Utilities-Water Quality 101,781 09/01/2016 2/5/2018 N/A 974041 1998 Ford Ranger 1FTYR14U7WTA27957 AHCD 75,421 N/A N/A N/A 974042 1998 Ford Ranger 1FTYR14U9WTA27958 AHCD 59,433 N/A N/A N/A 984142 1998 Ford Ranger 1FTYR14UXWPA40016 Engineering-Street Lights 179,941 N/A N/A N/A 984158 1998 Ford Ranger 1FTZR15U0WTA72550 Utilities-Construction & Maint 110,238 N/A N/A N/A 994160 1999 Ford Ranger 1FTYR10V2XPB57136 Recreation 88,410 N/A N/A N/A 994161 1999 Ford Ranger 1FTYR10V1XPB57130 Recreation Trees & Landscape 72,143 N/A N/A N/A 994167 1999 Ford Ranger 1FTYR14V6XPB57117 Recreation Trees & Landscape 86,985 N/A N/A N/A 994240 2000 Ford Ranger 1FTYR10VXYPB20045 Central Services-Construction 99,936 N/A N/A N/A 994242 2000 Ford Ranger 1FTYR10V3YPB20047 Recreation 77,542 N/A N/A N/A 994400 2000 Ford Ranger 1FTZR15VXYTA96513 ARCCI 80,282 N/A N/A N/A 994401 2000 Ford Ranger 1FTZR15V1YTA96514 Storm Water Utility 158,280 N/A N/A N/A 994446 2001 Ford Ranger 1FTYR15E71TA94509 Recreation 95,168 N/A N/A N/A F00090 2001 Ford Ranger 1FTYR14V81PB22960 Utilities-Construction & Maint 83,989 N/A N/A N/A F00145 2001 Ford Ranger 1FTYR15E91PB53102 Utilities-Admin/Engineering 120,175 N/A N/A N/A F00146 2001 Ford Ranger 1FTYR15E01PB53103 Utilities-Admin/Engineering 124,080 N/A N/A N/A F00148 2001 Ford Ranger 1FTYR15E21PB53104 Utilities-Admin/Engineering 110,472 N/A N/A N/A F02090 2002 Ford Ranger 1FTYR14V92PB42345 Utilities-Admin/Engineering 70,589 N/A N/A N/A F02091 2002 Ford Ranger 1FTYR14V02PB42346 Utilities-Construction & Maint 58,139 N/A N/A N/A F02092 2002 Ford Ranger 1FTYR14V22PB42347 Utilities-Admin/Engineering 46,188 N/A N/A N/A F02317 2003 Ford Ranger 1FTZR15E93TA36523 Utilities-Construction & Maint 125,746 N/A N/A N/A f02319 2003 Ford Ranger 1FTZR15E23TA36525 Utilities-Facilities Maintenance 148,425 N/A N/A 208093 2008 Ford Ranger 1FTYR14U08PA85839 FIRE 57,305 208094 2008 Ford Ranger 1FTYR14U78PA85840 FIRE 65,727 210162 2011 Ford Ranger 1FTKR1ED9BPA06907 FIRE 46,277 210163 2011 Ford Ranger 1FTKR1ED0BPA06908 FIRE 33,298 NR 994411 2000 Ford Ranger 1FTYR14V0YTB01134 FIRE 118,393 NR 994413 2000 Ford Ranger 1FTYR14V4YTB011361 FIRE 105,566 NR 994414 2000 Ford Ranger 1FTYR14V6YTB01137 FIRE 89,171 209090 2009 Ford Ranger 1FTZR15E79PA46310 ENVIRONMENTAL SERVICES 139,503 Recall ASSET DESCRIPTION SERIAL NUMBER DEPARTMENT ODOMETER DRIVERS PASSENGERS 209091 2009 Ford Ranger 1FTZR15E99PA46311 ENVIRONMENTAL SERVICES 115,688 209092 2009 Ford Ranger 1FTZR15E09PA46312 ENVIRONMENTAL SERVICES 162,125 5010 2006 Ford Ranger 1FTYR10D16PA30349 Transit Unknown Indicates recall service needs have been met 3114.rp t SERIAL NUMBER LICENSE 209172 2010 Ford Ranger 1FTKR1ED6APA00559 GV72557 209135 2009 Ford Ranger 1FTYR14D59PA55883 GV42251 209103 2009 Ford Ranger 1FTYR14D79PA46764 GV82536 209101 2009 Ford Ranger 1FTYR14D39PA46762 GV82534 209100 2009 Ford Ranger 1FTYR14DX9PA46760 GV82530 209099 2009 Ford Ranger 1FTYR14D39PA46759 GV82533 209098 2009 Ford Ranger 1FTYR14D19PA46761 GV82532 209013 2009 Ford Ranger 1FTYR14D19PA37235 GV87907 209012 2009 Ford Ranger 1FTYR14DX9PA37234 GV87908 209011 2009 Ford Ranger 1FTYR14D89PA37233 GV05205 209010 2009 Ford Ranger 1FTYR14D69PA37232 GV05204 209009 2009 Ford Ranger 1FTYR14D49PA37231 GV05203 209008 2009 Ford Ranger 1FTYR14D29PA37230 GV87918 209007 2009 Ford Ranger 1FTYR14D69PA37229 GV05202 209006 2009 Ford Ranger 1FTYR14D49PA37228 GV05201 209005 2009 Ford Ranger 1FTYR14D29PA37227 GV42100 209004 2009 Ford Ranger 1FTYR14D09PA37226 GV42099 209003 2009 Ford Ranger 1FTYR14D99PA37225 GV42098 209002 2009 Ford Ranger 1FTYR14D79PA37224 GV42097 208205 2008 Ford Ranger 1FTYR14UX8PB07801 GV68429 208157 2008 Ford Ranger 1FTYR14U88PA96233 GV76880 208150 2008 Ford Ranger 1FTYR14U78PA96241 GV76879 208149 2008 Ford Ranger 1FTYR14U58PA96240 GV76883 208148 2008 Ford Ranger 1FTYR14U98PA96239 GV76878 208147 2008 Ford Ranger 1FTYR14U78PA96238 GV76881 208146 2008 Ford Ranger 1FTYR14U58PA96237 GV76882 208145 2008 Ford Ranger 1FTYR14U38PA96236 GV76877 208144 2008 Ford Ranger 1FTYR14U18PA96235 GV76876 208143 2008 Ford Ranger 1FTYR14UX8PA96234 GV76875 208119 2008 Ford Ranger 1FTYR14U08PA89406 GV76855 207002 2007 Ford Ranger 1FTYR14U17PA82155 GV76697 206059 2006 Ford Ranger 1FTYR14U86PA87755 GV77221 205264 2006 Ford Ranger 1FTYR14U46PA54431 GV32114 205170 2005 Ford Ranger 1FTYR14U05PB11870 GV32011 205006 2005 Ford Ranger 1FTZR15EX5PA67551 GV31747 205005 2005 Ford Ranger 1FTZR15E85PA67550 GV31748 205004 2005 Ford Ranger 1FTZR15E15PA67549 GV31742 204335 2005 Ford Ranger 1FTYR14U25PA67547 GV31744 204334 2005 Ford Ranger 1FTYR14U95PA67545 GV31742 204057 2004 Ford Ranger 1FTYR14U24PB31004 GV31609 204052 2004 Ford Ranger 1FTYR14U54PB31000 GV31604 204044 2004 Ford Ranger 1FTYR14U04PB31003 GV31603 204043 2004 Ford Ranger 1FTYR14U94PB31002 GV31602 203192 2003 Ford Ranger 1FTYR14U23PB78239 GV76429 203186 2003 Ford Ranger 1FTZR15EX3TA48938 GV76478 EQUIPMENT EQ DESCRIPTION EMPLOYEE EQUIPMENT MASTER LIST Augusta-Richmond County This report displays meter information for the fuel meter only. STA: EQUIPMENT STATUS RANGE: A to A EUC: EQUIPMENT USE CODE: ALL VALUES MOD: EQUIPMENT MODEL RANGE: Ranger to Ranger EBC: EQUIPMENT BILLING CODE RANGE: ALL BILLING CODES EMG: MONITOR GROUP RANGE: ALL MONITOR GROUPS SHP: EQUIPMENT SHOP RANGE: ALL SHOPS STE: EQUIPMENT SITE RANGE: ALL SITES MAK: EQUIPMENT MAKE RANGE: Ford to Ford ECO: EQUIPMENT COMPANY RANGE RANGE: ARC to ARC NCC to NCC DPN: EQUIPMENT DEPARTMENT RANGE: ALL DEPARTMENTS EQC: EQUIPMENT CLASS RANGE: ALL CLASSES PAGE BREAK:No EQUIPMENT NUMBER RANGE: ALL EQUIPMENT MODEL YEAR RANGE: ALL YEARS Distinct Count of Equipment: 71 Total Distinct Count of Equipment: 71 REPORT PARAMETERS: GROUP BY:No Grouping f02319 2003 Ford Ranger 1FTZR15E23TA36525 GV76423 F02317 2003 Ford Ranger 1FTZR15E93TA36523 GV76422 F02092 2002 Ford Ranger 1FTYR14V22PB42347 GV76421 F02091 2002 Ford Ranger 1FTYR14V02PB42346 GV76420 F02090 2002 Ford Ranger 1FTYR14V92PB42345 GV76419 F00148 2001 Ford Ranger 1FTYR15E21PB53104 GV31555 F00146 2001 Ford Ranger 1FTYR15E01PB53103 GV31553 F00145 2001 Ford Ranger 1FTYR15E91PB53102 GV31552 F00090 2001 Ford Ranger 1FTYR14V81PB22960 GV31529 994446 2001 Ford Ranger 1FTYR15E71TA94509 GV31498 994401 2000 Ford Ranger 1FTZR15V1YTA96514 GV32484 994400 2000 Ford Ranger 1FTZR15VXYTA96513 GV76330 994242 2000 Ford Ranger 1FTYR10V3YPB20047 GV31967 994240 2000 Ford Ranger 1FTYR10VXYPB20045 GV31965 994167 1999 Ford Ranger 1FTYR14V6XPB57117 GV76368 994161 1999 Ford Ranger 1FTYR10V1XPB57130 GV76363 994160 1999 Ford Ranger 1FTYR10V2XPB57136 GV76362 984158 1998 Ford Ranger 1FTZR15U0WTA72550 GV76416 984142 1998 Ford Ranger 1FTYR14UXWPA40016 GV76440 974042 1998 Ford Ranger 1FTYR14U9WTA27958 GV76319 974041 1998 Ford Ranger 1FTYR14U7WTA27957 GV76318 210166 2011 Ford Ranger 1FTKR1ED0BPA06911 GV0166B 210164 2011 Ford Ranger 1FTKR1ED2BPA06909 GV0893B 210148 2011 Ford Ranger 1FTKR1ED1BPA04908 GV32136 210147 2011 Ford Ranger 1FTKR1EDXBPA04907 GV9935A 210146 2011 Ford Ranger 1FTKR1ED8BPA04906 GV32145 ACQ CLASS DATE M 38,692 10/23/2009626016440 TPU 05/28/2009 506043410 TPU M 68,642 08/07/2009 127,502 05/28/2009 506043210 TPU M 114,826 M 87,756 05/28/2009 506043210 TPU M 506043410 TPU 05/28/2009 506043410 TPU M 66,217 05/28/2009 71,676 03/13/2009 506043520 TPU M 19,293 M 71,040 03/13/2009 217072210 TPU M 217072210 TPU 03/13/2009 101072910 TPU M 88,699 03/13/2009 60,983 03/13/2009 217072210 TPU M 92,364 M 64,372 04/15/2009 217072210 TPU M 217072210 TPU 03/13/2009 217072210 TPU M 69,175 03/13/2009 95,397 03/13/2009 217072210 TPU M 60,870 M 76,066 03/13/2009 101072910 TPU M 217072210 TPU 03/13/2009 217072210 TPU M 63,015 03/13/2009 69,697 07/29/2008 217072210 TPU M 79,488 M 90,963 06/17/2008 506043510 TPU M 506043580 TPU 06/20/2008 506043210 TPU M 119,309 06/17/2008 98,647 06/17/2008 506043210 TPU M 102,935 M 159,780 06/20/2008 506043210 TPU M 506043210 TPU 06/17/2008 506043210 TPU M 146,601 06/20/2008 118,388 06/17/2008 506043210 TPU M 110,932 M 80,608 06/17/2008 506043210 TPU M 506043210 TPU 05/11/2007 101071211 TPU M 85,757 05/23/2008 128,069 06/01/2006 506043110 TPU M 20,240 M 68,109 02/28/2006 506043210 TPU M 506043410 TPU 03/29/2005 506043510 TPU M 85,942 09/02/2005 77,960 03/29/2005 506043410 TPU M 105,005 M 111,609 03/29/2005 506043110 TPU M 506043110 TPU 03/28/2005 626016440 TPU M 145,270 03/28/2005 98,676 06/17/2004 581044320 TPU M 125,378 M 112,409 06/17/2004 506043570 TPU M 506043410 TPU 06/17/2004 506043580 TPU M 74,621 06/17/2004 64,241 08/14/2003 506043540 TPU M 94,840 M 133,380 09/23/2003 506043520 TPU M 506043410 TPU DEPT TYP E READING PAGE: 1 DATE: 11/06/2019 13:02 This report displays meter information for the fuel meter only. METER 05/23/2003 125,746 05/23/2003 506043580 TPU M 148,425 M 46,188 06/26/2002 506043410 TPU M 506043110 TPU 06/26/2002 506043410 TPU M 58,139 06/27/2002 110,472 09/28/2001 506043110 TPU M 70,589 M 124,080 09/14/2001 506043110 TPU M 506043110 TPU 05/07/2001 506043110 TPU M 120,175 09/14/2001 95,168 08/09/2001 506043410 TPU M 83,989 M 158,280 05/08/2000 101061110 TPU M 581044320 TPU 03/14/2000 101033211 TPU M 80,282 05/08/2000 99,936 03/14/2000 101061110 TPU M 77,542 M 86,985 05/24/1999 101016420 TPU M 101063110 TPU 05/27/1999 101063110 TPU M 72,143 05/27/1999 110,238 07/07/1998 101061110 TPU M 88,410 M 179,941 07/17/1998 506043410 TPU M 276041610 TPU 01/14/1998 221073110 TPU M 59,433 01/08/1998 101,781 09/23/2010 221073110 TPU M 75,421 M 95,820 10/04/2010 506043570 TPU M 506043210 TPU 09/17/2010 101072910 TPU M 108,269 09/17/2010 26,674 09/17/2010 101015710 TPU M 23,476 101015710 TPU M v11292011 Commission Meeting Agenda 12/3/2019 2:00 PM 2019 - Information on Ford Rangers Airbag Status Department:Central Services Department - Fleet Management Division Department:Central Services Department - Fleet Management Division Caption:Status and information on the Ford Ranger airbag recall, as requested by the Commission on November 5, 2019. Background:Vehicles made by 19 different automakers were recalled to replace frontal airbags on the driver’s side and/or passenger’s side or both in what the National Highway Transportation Safety Administration (NHTSA) has called “the largest and most complex safety recall in U.S. history.” The airbags, made by major parts supplier Takata, were mostly installed in vehicles from year models 2002 through 2015. As many as 41.6 million vehicles, in the U.S., involving 56 million inflators may have been involved. For the vehicles owned by Augusta, the recall notifications for the Ford Ranger began arriving in October 2015 and continued through April 2019. On February 9, 2018 Ford issued airbag recalls on 2006 Ford Rangers. This initial recall affected 2,700 Ford Rangers worldwide. This was extended to 33,100 of the 2006 Ford Rangers. There were no “stop-driving” orders except for the 2006 model Rangers. Augusta had no 2006 Rangers on the recall list. The following is a summary of Ford Ranger recalls for all departments of Augusta. Organization Total # of Rangers # of Vehicles Requiring Recall Action # of Recalls Complete ARC 70 46 92 * Fire Department 7 4 8* Environmental Svc 3 3 6* Transit 1 1 2* *Each vehicle had 2 recalls, one for the driver’s side airbag and one for the passenger’s side airbag. Analysis:All recalls are complete for those Ford Rangers affected. Financial Impact:Not applicable Alternatives:(1) Receive as information, (2) direct other action Recommendation:Receive as information Funds are Available in the Following Accounts: None required. REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Commission Meeting Agenda 12/3/2019 2:00 PM ANTHEM STOP LOSS RENEWAL Department:Human Resources Department:Human Resources Caption:Motion to approve Anthem Stop Loss Renewal. Background:Over the years, Anthem has provided excellent service and reporting. The four-year loss ratio on the stop loss coverage is 90%. There are several high-cost claimants (HCC’s) in the current year that are expected to incur nearly $3 million in claims in 2020. Of course, there will also be high-cost claimants in 2020 that are not yet known. The specific stop loss renewal increase was initially 22.5%--if ARC renews at the current specific deductible of $225,000. USI was able to negotiate a reduction in the renewal increase to 15%. Analysis:Given the historic loss ratio, current HCC’s, and future expected claims, the stop loss renewal is fair. ARC has been at the current specific stop loss deductible of $225k since 2016. Over time, it is necessary to increase the specific stop loss deductible to keep pace with medical trend. USI analysis shows that an increase in the specific deductible is warranted in 2020 to mitigate future stop loss premium increases. Financial Impact:• 2019 annualized stop loss premiums are $1,452,340. • For 2020, if ARC renews at the current stop loss deductible, premiums would be $1,670,330--an annual increase of $217,990. • If ARC increases the deductible to $250k, total premiums would be $1,351,150. This would save $319,180 in premium over renewing with the $225k deductible. This would also result in a decrease over the current 2019 premiums of $101,190. Alternatives:Put the stop loss contract out for RFP. With the current loss ratios, ongoing high cost claimants, and reduced renewal premium, it was highly unlikely that an RFP marketing effort would result in a competitive proposal. Recommendation:Renew with Stop Loss agreement at the negotiated rate offered by Anthem. Increase the specific deductible to $250,000. Funds are Available in the Following Accounts: Fund 616 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Augusta Housing and Community Development Department Page 1 CONTRACT Between AUGUSTA, GEORGIA And SAND HILLS URBAN DEVELOPMENT, INC. In the amount of $ 82,500.00 Eighty-Two Thousand Five Hundred Dollars & 00/100 For Fiscal Year 2018 Providing Funding From HOME INVESTMENT PARTNERSHIPS PROGRAM “2806 Heckle Street – Single Family ” THIS AGREEMENT (“Contract”), is made and entered into as of the _____ day of ______, 2017 (“the effective date”) by and between Augusta, Georgia, a political subdivision of the State of Georgia, acting through the Housing and Community Development Department (hereinafter referred to as “HCD”) – with principal offices at 925 Laney Walker Blvd., 2nd Floor, Augusta, Georgia 30901, as party of the first part (hereinafter called “Augusta”), and Sand Hills Urban Development, Inc., a developer, organized pursuant to the Laws of the State of Georgia (hereinafter called “Sand Hills”) as party in the second part. WITNESSETH WHEREAS, Augusta is qualified by the U.S. Department of Housing and Urban Development (hereafter called HUD) as a HOME Program Participating Jurisdiction, and Augusta has received HOME Investment Partnerships Act (hereinafter called HOME or the HOME Program) funds from HUD for the purpose of providing and retaining affordable housing for eligible families; as defined by HUD; and WHEREAS, Sand Hills will be involved in HOME eligible activities; and WHEREAS, Augusta wishes to increase homeownership opportunities and preserve and increase the supply of affordable housing for HOME Program eligible low and moderate income Augusta Housing and Community Development Department Page 2 families through eligible uses of its HOME Program grant funds, as described in the Augusta- Richmond County Consolidated Plan 2014-2018; and the Year 2018 Annual Action Plan; and WHEREAS, Augusta wishes to enter into a contractual agreement with Sand Hills for the administration of HOME eligible affordable housing development activities; and WHEREAS, this activity has been determined to be an eligible HOME 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, Sand Hills has been selected and approved to partner with J.L. Lovett Construction as development partners to assist in the development of the Heckle Street unit. WHEREAS, Sand Hills has agreed to provide services funded through this contract free from political activities, religious influences or requirements; and WHEREAS, Sand Hills has requested and Augusta has approved a total of $82,500.00 in loan/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 a. Project Description Sand Hills agrees to utilize approved HOME funds to support project related costs associated with 2806 Heckle Street, a Single Family housing unit. This project is the construction of an affordable housing effort which involves development and construction of a new single family unit within the Sand Hills Community. Under this agreement: i. Perform new construction services for a single family unit. Augusta Housing and Community Development Department Page 3 ii. Perform all required and requested marketing and advertising activities; in accordance with “Fair Housing” regulations iii. All projects are to posses the following components: 1. Evidence of additional financing resources “Leveraging” 2. Evidence of Site Control 3. At the time of sales, evidence that a qualified homebuyer has been identified, received and completed a comprehensive home buying education course(s) and pre-purchase housing counseling program; prior to the completion of the assigned home. B. Use of Funds HOME Program funds shall be used by Sand Hills for the purposes and objectives stated in Article I, Scope of Services, and Exhibit “A” of this Agreement. The use of HOME funds for any other purpose(s) is not permitted. The following summarizes the proposed uses of funds under this agreement: a. Construction Costs An amount not to exceed $ 2500.00 in a loan/grant shall be expended by Sand Hills from year 2018HOME Program funds for construction costs related to the development of an affordable single family unit in the Sand Hills Community. The design and specifications must be approved by HCD prior to construction (Exhibit A). Funds will be used to assist with the cost of all construction related fees. This unit will be constructed by Sand Hills and made available for purchase by HOME Program eligible low and moderate income homebuyers. The address for this project is: i. 2806 Heckle Street, Augusta, Georgia 30909 Initial: ________ C. Program Location and Specific Goals to be Achieved Sand Hills Urban Development shall conduct project development activities and related services in its project area (also known as the Sand Hills Community) that incorporates the following boundaries: Ingleside Drive on the North, Aumond on the West, Walton Augusta Housing and Community Development Department Page 4 Way on the South and Berckman Road on the East and its designated geographic boundaries approved by HCD. D. Project Eligibility Determination It has been determined that the use of HOME Program funds by Sand Hills will be in compliance with 24 CFR Part 92. Notwithstanding any other provisions of this contract, SHUD 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 Sand Hills will be compensated in accordance with this Article II, Budget and Method of Payment, that specifically identifies the use of HOME funds and any other project funding as represented in Article II. C. 2 of this Agreement. Sand Hills will carry out this project with implementation oversight provided by HCD. Sand Hills agrees to perform the required services under the general coordination of HCD. In addition and upon approval by Augusta, Sand Hills Urban Development, Inc., may engage the services of outside professional services, consultants, and contractors to help carry out the program and project. A. Funds Augusta shall designate and make HOME Program funds available in the following manner: $82,500.00 loan/grant under this agreement for project expenses incurred as outlined in ARTICLE I, Scope of Services, subject to Sand Hills compliance with all terms and conditions of this agreement and the procedures for documenting expenses and activities as set forth in ARTICLE V. a. The method of payment shall be on a reimbursement basis. The Reimbursement Form can found in Appendix B. For invoicing, Sand Hills will include documentation showing proof of payment in the form of a cancelled check attached with its respective invoice and completed reimbursement form that includes amount requested, amount remaining and Augusta Housing and Community Development Department Page 5 specific line item names that relate to the contract budget found in Appendix A. b. HCD will monitor the progress of the project and Sand Hills performance on a weekly basis with regards to the production and overall effectiveness of the project. c. Upon the termination 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. d. Funds may not be transferred from line item to line item in the project budget without prior written approval of Augusta thru HCD. e. The use of funds described in this agreement is subject to the written approval of the U. S. Department of Housing and Urban Development. f. This Agreement is based upon the availability of HOME Program funds. Initial: ________ B. Project Financing HCD will fund a fifty percent (50%) of the total construction costs of a single project. The project financing breakdown is as follows: a. This agreement will consist of a 75 % loan and a 25 % grant which of that will be repaid at the time of closing. b. SHUD agrees to repay (to HCD) 75% of the sale price/total construction cost (whichever is less) at closing. c. SHUD agrees to retain 25% of the sale price/total construction cost (whichever is less) at closing to be used as developer’s fee (16% max) & programmable funds as part of a future HOME project. d. SHUD agrees to bring 50% of total construction cost of unit through the partnership of J.L. Lovett Construction. (See funding commitment letter) e. SHUD agrees that HCD HOME funding will be utilized at the beginning of the construction phase of this project with J.L. Lovett Construction funding completing the unit. Initial: ________ Augusta Housing and Community Development Department Page 6 C. Timetable for Completion of Project Activities Sand Hills shall obligate the designated HOME Program funds within six months of the date of execution of this Agreement. Based on the budget outlined in D below, Sand Hills will provide a detailed outline of critical project milestones and projected expenditures during the course of the development project as Exhibit B. These documents will become an official part of the contractual agreement and provide the basis for overall project performance measurements. a. Liquidated Damages i. Sand Hills shall complete this project no later than 150 Days from the effective date of the Notice To Proceed. unless otherwise approved by Director of HCD. The penalty for non-completion is $200 a day for every day over the stated deadline. Initial: ________ D. Project Budget: Limitations Sand Hills shall be paid a total consideration of $ 82,500.00 for full performance of the services specified under this Agreement. Any cost above this amount shall be the sole responsibility of Sand Hills. 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 Sand Hills Urban Development. Sand Hills shall adhere to the following budget in the performance of this contract: Construction $ 77,500.00 Fencing 5,000.00 Total Project Activity Cost $ 82,500.00 Initial: ________ Augusta Housing and Community Development Department Page 7 ARTICLE III. RESALE/RECAPTURE PROVISIONS [24 CFR 92.254(5)] The Resale/Recapture Provisions in this Article III shall ensure compliance with the HOME Program “Period of Affordability” requirements pursuant to 24 CFR 92.254(a)(4). 24 CFR 92.254 required that Augusta, its subrecipients, and CHDOs follow certain resale/recapture restrictions with regard to its HOME-funded homebuyer program. Each property sold to a homebuyer will remain affordable for the duration of the affordability period or Augusta will use the recapture option. If the eligible homebuyer (who received down payment assistance [HOME Program] or other development subsidy funds from Augusta) sells their property, then HCD shall capture the HOME funds which will ensure that the recaptured HOME Program funds are reinvested in other affordable housing in Augusta for low and moderate-income persons. This shall be accomplished through deed restrictions, property liens, and contractual obligations, as described in Article I.B of this Agreement. ARTICLE IV. TERM OF CONTRACT The term of this Agreement shall commence on the date when this agreement is executed by Augusta and Sand Hills Urban Development (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 VII: 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 Sand Hills or any subcontractor hereunder. All payments will be made to Sand Hills unless otherwise requested by Sand Hills Urban Development. B. Sand Hills shall maintain a separate account and accounting process for HOME funding sources. C. Sand Hills shall not use these funds for any purpose other than the purpose set forth in this Agreement. D. Sand Hills will utilize program income from this project to fund future HOME project. Augusta Housing and Community Development Department Page 8 E. Subject to Sand Hills compliance with the provisions of this Agreement, Augusta agrees to reimburse all budgeted costs allowable under federal, state, and local guidelines. F. 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. G. Requests by Sand Hills for payment shall be accompanied by proper documentation and shall be submitted to HCD, transmitted by a cover memo, for approval no later than their (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 HCD later than sixty (60) calendar days after expiration date of Agreement. The reimbursement request form is in Appendix B. H. Sand Hills shall maintain an adequate financial system and internal fiscal controls I. The homebuyer subsidy will be determined after the amount of the buyer’s permanent mortgage has been determined. J. Unexpended funds shall be retained by Augusta. Upon written request, Augusta may consider the reallocation of unexpended funds to eligible projects proposed by Sand Hills. Initial: ________ ARTICLE VI. REPAYMENT/PROGRAM INCOME A. Augusta will be responsible for monitoring the reuse of the proceeds. B. Any real property under Sand Hills control that was acquired or improved in whole or in part with HOME funds in excess of $25,000 must either: a. Be used to meet one of the national objectives in 24 CFR 570.208 for at least five years after the expiration of this Agreement; or b. Be disposed of in a manner that results in Augusta being reimbursed in the amount of the current fair market value of the property, less any portion of the Augusta Housing and Community Development Department Page 9 value attributable to expenditures of non-HOME funds for acquisition of, or improvement to, the property. C. Any HOME funds invested in housing that does not meet the affordability requirements for the period specified in §92.252 or §92.254, as applicable, must be repaid by Sand Hills. D. Any HOME funds invested in a project that is terminated before completion, either voluntarily or otherwise, must be repaid by Sand Hills. E. If Sand Hills is found to be in non-compliance with the HOME Program laws and regulations as described in 24 CFR Part 92, the organization will be required to reimburse Augusta for the funding associated with the noncompliance issues. ARTICLE VII. RECORD KEEPING, REPORTING AND MONITORING REQUIREMENTS Sand Hills shall carry out its HOME assisted activities in compliance with all HOME Program laws and regulations described in 24 CFR Part 92 Subpart E (Program Requirements), Subpart F (Project Requirements), and Subpart H (Other Federal Requirements). These compliance activities include, but are not limited to: a. Maximum acquisition prices [24 CFR 92.205A.2] b. Maximum per unit HOME Program subsidy amount [Section 221(d)(3)] c. Combined affordability of assisted units d. Income eligibility of assisted unites e. Inspection of the homebuyer units to comply with HUD required Property Standards f. Acquisition, Displacement and Relocation Requirements [24 CFR 92.353] g. Environmental Review h. Lead-based Paint Abatement i. Property Value [Section 203(b) Limits] To document low and moderate-income benefits required in 24 CFR 570.200(a)(2). Sand Hills shall maintain records that document all clients served with HOME funds. In addition, Sand Hills shall document each client’s race, family size, annul household income, and whether or not the family is female-headed. Augusta shall supply “Income Verification” forms which, when Augusta Housing and Community Development Department Page 10 completed by those clients served by Sand Hills, shall provide the information and verification described above. Sand Hills shall prepare and submit reports relative to this project to Augusta at Augusta’s request. Augusta shall supply Sand Hills with the following report forms and require the same to be completed as requested by Augusta: “Monthly Services”, “Quarterly Progress”, “Quarterly Financial” and “Annual Report”. Further explanation and report due dates are found in Appendix B below. Sand Hills shall maintain books and records in accordance with generally accepted accounting principles. Documents shall be maintained in accordance with practices that sufficiently and properly reflect all expenditure of funds provided by Augusta under this Agreement. Sand Hills shall make all records for this project available to Augusta, the U.S. Department of Housing and Urban Development, the Comptroller General of the United States, or any of their duly authorized representatives for the purpose of making audits, examinations, excerpts and transcriptions. In compliance with OMB Circular A-110 regarding retention and custodial requirements for records, Sand Hills shall maintain financial records, supporting documents, statistical records, and all other records pertinent to this Agreement for a period of three years, with the following qualifications: a. If any litigation, claim or audit is started before the expiration of the 3-year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. b. Records for non-spendable personal property acquired with HOME grant funds shall be retained for three years after its final disposition. Non- expendable personal property means tangible personal property having a useful life of more than one year and an acquisition cost of $300 or more per unit. In connection with the expenditure of federal funds, Sand Hills shall provide to Augusta and organization – wide audited financial statement consisting of a balance sheet, income statement Augusta Housing and Community Development Department Page 11 and a statement of changes in its financial position. All documents shall be prepared by certified public accountant. Such financial disclosure information shall be filed with Augusta within one hundred fifty (150) calendar days after the close of Sand Hill’s fiscal year. Sand Hills is responsible for any cost associated with the audit. Failure to comply may result in the reallocation of funding and termination of the contract. Sand Hills shall supply, up on request, documentation maintained in accordance with practices which sufficiently and properly reflect all expenditures of funds provided by Augusta under this Agreement. Open Records Disclosure: Sand Hills’ records related to this Agreement and the services to be provided under the agreement may be a public record subject to Georgia’s Open Records Act (O.C.G.A. §50-18-70). Sand Hills agrees to comply with the Open Records Act should a request be submitted to it. Further, Sand Hills agrees to comply with the provision of the Open Meetings Law and the following compliance measures will be taken: a. Sand Hills will provide notice to the Augusta Chronicle and the Augusta Focus or the Metro Courier of its regular board meeting schedule and of any special called meetings except emergency meetings; b. Sand Hills will post notices of its meetings in a public place at the meeting sites and it will keep a written agenda, minutes, attendance, and voting record for each meeting and make the same available for inspections by the press, the public and the Grantee, subject to the provision of the Open Meetings Law. c. The press, public, and the Grantee shall not be denied admittance to Sand Hills’ board meetings, except for such portions of the meeting as may be closed pursuant to the Open Meetings Law. d. Sand Hills shall provide the Grantee a tentative annual schedule of the Board of Director’s meetings. Publications and minutes of each meeting shall be submitted to Grantee within 30 days after each meeting. ARTICLE VIII. ADMINISTRATIVE REQUIREMENTS Sand Hills 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. Augusta Housing and Community Development Department Page 12 This conflict of interest provisions applies to any person who is an employee, agent, consultant, officer, or elected official or appointed official of Sand Hills. No person described above who exercises, may exercise or has exercised any functions or responsibilities with responsibilities with respect to the HOME 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 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. Sand Hills 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) Sand Hills shall comply with the requirements and standards of OMB Circular A-122 “Cost Principles for Non-Profit Organizations” and 24 CFR Part 570.502(b), “Applicability of Uniform Administrative Requirements.” Augusta may, from time to time, request changes to the scope of this agreement and obligations to be performed hereunder by Sand Hills. In such instances, Sand Hills 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 Sand Hills. Statutes, regulations, guidelines and forms referenced throughout this Agreement are listed in Appendix D and are attached and included as part of parcel to this Agreement. Initial: ________ Augusta Housing and Community Development Department Page 13 ARTICLE IX. OTHER REQUIREMENTS A. Sand Hills agrees that it will conduct and administer HOME Program 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 Sand Hills’ publications and/or advertisements. (24 CFR 570.601). B. Sand Hills agrees that the ownership in the housing assisted units must meet the definition of “homeownership” in §92.2. C. Sand Hills 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. Sand Hills agrees that in instances in which there is construction work over $2,000 financed in who or in part with Laney Walker Bond funds, HOME funds, and/or NSP funds under this Agreement, Sand Hills will adhere to the Davis-Bacon Act (40 U.S.C 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 U.S.C. 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). E. 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. F. Sand Hills 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 NEPA 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. (24 CFR 570.604) Augusta Housing and Community Development Department Page 14 G. Consistent with the Flood Disaster Protection Act of 1973 (42 U.S.C 4001-4128), J&B agrees that Laney Walker Bond funds, HOME funds, and/or NSP 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. H. Sand Hills agrees to take all reasonable steps to minimize displacement of persons as a result of HOME assisted activities. Any such activities with HOME funds, and/or NSP 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). I. Sand Hills 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. Sand Hills will in all solicitations or advertisements for employees placed by or on behalf of Sand Hills state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin or familial status. J. Sand Hills will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, or familial status. Sand Hills 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 social status. K. Sand Hills 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 2011). ANY LANGUAGE THAT VIOLATES THIS COURT ORDER IS VOIDABLE BY THE AUGUSTA GOVERNMENT. J&B agrees to comply with Augusta Housing and Community Development Department Page 15 any federally mandated requirements as to minority and women owned- business enterprises. L. Sand Hills agrees the low and moderate income persons residing 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) M. In accordance with Section 92.355 of the HOME Regulations and Section 571.608 of the CDBG Regulations, Sand Hills 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. N. Sand Hills agrees to comply with 254 CFR 570.609 with regards to the direct or indirect use of any contractor during any period of debarment, suspension or placement in ineligible status. No contract will be executed until such time that the debarred, suspended, or ineligible contractor has been approved and reinstated by HCD. O. In accordance with 24 CFR part 24, subpart F, Sand Hills 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. P. Any publicity generated by Sand Hills 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. Q. In accordance with 24 CFR 85.43, if Sand Hills 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 VII. For purposes of this Agreement, timely expenditure of funds means Sand Hills shall obligate and expend its funds as designated under ARTICLE II.C. Augusta Housing and Community Development Department Page 16 R. Sand Hills shall comply with all applicable laws, ordinances and codes of the federal, state, and local governments and shall commit to trespass on any public or private property in performing any of the work embraced by this contract. Sand Hills agrees to obtain all necessary permits for intended improvements or activities. S. Sand Hills shall not assign any interest in this contract or transfer any interest in this same without the prior written approval of Augusta. T. Sand Hills 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 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. U. Indirect costs will only be paid if Sand Hills has an indirect cost allocation plan approved by the Augusta/HCD prior to the execution of this Contract. V. If applicable, Laney-Walker 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). W. All housing unites [rehabilitated, reconstructed, or newly constructed] and assisted with HOME Program funds must, before occupancy, meet the Property Standards specified at 25 CFR 92.25. The Property Standards at 24 CFR 92.251 require that the homes receiving funds must meet the HUD Section 8 Housing Quality Standards [HQS]. All housing assisted under this Agreement is “new construction” by HOME Programs definition and therefore must meet the local building codes for new housing in Augusta- Richmond County, as applicable. Initial: ________ ARTICLE X. SUSPENSION AND TERMINATION A. In the event Sand Hills 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 Sand Hills cures any breach of the agreement. If Sand Hills fails to cure the breach, Augusta may suspend Augusta Housing and Community Development Department Page 17 or terminate the current award of funds. Sand Hills will not be eligible to receive any other funding. B. Notwithstanding the above, Sand Hills 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 Laney- Walker 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 Sand Hills Revitalization Plan, 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 this Agreement, Augusta shall pay Sand Hills for documented committed eligible costs incurred prior to the date of notice of termination. D. Notwithstanding any termination or suspension of this Agreement, Sand Hills shall not be relieved of any duties or obligations imposed on it under this Agreement with respect to HOME Program 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 535 Telfair Street, Suite 910 Augusta, GA 30901 With copies to: Augusta Housing and Community Development Department 925 Laney Walker Blvd., 2nd Floor Augusta, GA 30901 Augusta Housing and Community Development Department Page 18 Sand Hills will receive all notices at the address indicated below: Sand Hills Urban Development, Inc. 3062 Damascus Road, Suite 10 Augusta, Georgia 30909 ARTICLE XII: INDEMNIFICATION Sand Hills 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, Laney-Walker 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. Initial: ________ ARTICLE XIII. INSURANCE AND BONDING Sand Hills 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, Sand Hills 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 Sand Hills handling or charged with the responsibility for handling funds and property pursuant to this contract. Sand Hills shall procure and provide, for approval by 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. Augusta Housing and Community Development Department Page 19 Additionally, Sand Hills shall procure officers and directors liability insurance under policies to be approved by 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 required to be provided by Sand Hills hereunder shall be cancelable without at least fifteen (15) days advance written notice to the Grantee. All insurance policies required hereunder or copies thereof shall be promptly submitted for approval by 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 Sand Hills beyond the term of this Agreement. 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. ARTICLE XVI. 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. Augusta Housing and Community Development Department Page 20 ARTICLE XVII. 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) SEAL By: ___________________ _____ Hardie Davis, Jr. Date As Its Mayor ______________________________ Lena Bonner Clerk of Commission ______________________ _____ Jarvis Sims Date Interim Administrator ____________________ _______ Hawthorne Welcher, Jr. Date Director, HCD ATTEST: Sand Hills Urban Development , Inc. (Grantee) SEAL: By: ________________________ Its:_________________________ _______________________ (Plain witness) Augusta Housing and Community Development Department Page 21 APPENDIX “A” PROJECT DEVELOPMENT AND MANAGEMENT PROCEDURES 1. Augusta through the 82,500.00 in Fiscal Year 2018 HOME Program funds to Sand Hills. These funds will support new construction with the production of approximately one (1) affordable single-family residential unit in connection with the continuation of 2806 Heckle Street, Augusta, GA 30909. 2. HCD must review and approve all residential design plans, 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 Sand Hills in accordance with the attached drawdown schedule and budget. 3. HCD will provide the lots on which all new affordable homes are to be built under this agreement and in connection with the Sand Hills Urban Development Revitalization Project. 4. With HCD approval, Sand Hills Urban Development may use funds under this agreement for the following purposes: a. To support development costs as outlined in Item 6 below. 5. 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, HCD may: i. Terminate the contractor in accordance with the “Provisions for Augusta Housing and Community Development Department (HCD)” 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 Augusta Housing and Community Development Department Page 22 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 HCD in writing of the cause of the delay. If the facts show the delay to be properly excusable under the terms of this contract, HCD 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. 6. Construction Costs and Requirements a. The amount that can be used to pay for development costs will be indentified on a project-by-project basis. In no case will this amount exceed the maximum per unit amount defined at 24 CFR 92.250 b. HCD 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. c. Sand Hills Urban Development must make sure contractors obtain and post all permits on job site. Prior to releasing final payment on each house, Sand Hills must also secure a Certificate of Occupancy from the contractor that has been issued by the Department of Licenses and Inspections. d. Sand Hills must collect progress and final lien releases from the contractor, subcontractors, and material suppliers prior to making a payment to a contractor. e. HCD 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. HCD may choose not to release payments if the work being performed is not of acceptable quality to HCD and if the house is not being built or rehabilitated in accordance with plans and specifications, or if the project is not on schedule. 7. 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 HCD, the sales price of each house shall not exceed the appraised value of the house. b. The purchasers of houses constructed must meet the City of Augusta program requirements c. Buyers will be required to borrow no less than 75% of the sale prices of the house from a private lending institution unless otherwise agreed to by HCD. Augusta Housing and Community Development Department Page 23 8. Augusta Housing and Community Development Department will deliver building lots, or vacant buildings, free of encumbrances, and ready for building in accordance with local zoning and land use regulations applicable to the location of the parcel being developed. APPENDIX “B” REPORTING REQUIRMENTS Sand Hills Urban Development, Inc. shall submit to the Grantee the following reports for the term of this Agreement. 1. Weekly Status Reports a. Due by 10:00am Monday morning for the previous week. Report will contain actual/estimated costs/date, issues and concerns. MS Project schedule will be manually updated so that HCD can input data to master schedule. 2. Monthly/Quarterly Progress & Financial Reports a. Due the 15th of the new quarter. 3. Annual Progress Report a. Due 365 days from the effective date of this agreement 4. Program Income Quarterly Report 5. Audit/Financial Report 6. 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. Augusta Housing and Community Development Department Page 24 APPENDIX “C” FINANCING LETTER Augusta Housing and Community Development Department Page 25 APPENDIX “D” STATUTES (AVAILABLE ON REQUEST) 1. 24 CFR Part 92, HOME Investment Partnerships Program (“HOME”) 2. OMB Circular A-110 – Uniform Administrative Requirements for Grants and Agreement with Institutions of Higher Education, Hospitals, and other Non-Profit Organizations. 3. OMB Circular A-122 – Cost Principals for Non-Profit Organizations 4. OMB Circular A-133 – Audits of Institutions of Higher Education & other Non- Profit Institutions 5. 40 USC 276 Davis-Bacon Act 6. 40 USC 327 Contract Work Hours and Safety Standard Act 7. Uniform Relocation Assistance and Real Property Acquisition Policies Act 8. Lead Based Paint Poisoning Prevention Act 9. 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 10. Augusta-Richmond County Procurement Policy 11. Conflict of Interest Affidavit. FORMS 1. Reimbursement Form Augusta Housing and Community Development Department Page 26 EXHIBIT “A” CONSTRCUTION REQUIREMENTS All construction projects shall comply with Federal, State, and Local codes and ordinances, including, but not limited to, the following:  “Standard Building Code”, 2000 Edition, Southern Building Congress, International, Inc., Birmingham, Alabama.  “Standard Plumbing Code”, latest edition, Southern Building Congress, International, Inc., Birmingham, Alabama.  “Standard Mechanical Code”, latest edition, Southern Building Congress, International, Inc., Birmingham, Alabama.  “National Electric Code”, latest edition, National Fire Protection Association, Quiney, Massachusetts.  Model Energy Code, 1997, Council of American Building Officials  “ADA Accessibility Guidelines for Buildings and Facilities”, Department of Justice, American with Disabilities Act of 1990.  Williams-Steiger Occupational Safety and Health Act of 1970, Public Law 91-596.  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).  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).  Section 106 of the National Historic Preservation Act 916 U.S.C. 470f). 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 HCD for review and approval prior to bidding. HCD Construction and Rehabilitation Inspectors will review these items for compliance with new construction and/or rehabilitation standards and materials used 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 HCD Approved Contractors List. Augusta Housing and Community Development Department Page 27 Inspections: All projects will be inspected and approved by and HCD Construction and Rehabilitation Inspector prior to release of the funds for that request. EXHIBIT “B” PROJECT SCHEDULE OF COMPLETION Sand Hills Urban Development must provide a completed schedule of completion as Exhibit “B” with appropriate milestones within 10 to 15 days after the signing of this agreement. This schedule must be provided in sufficient detail to permit HCD to monitor and assess progress in connection with the performance of this agreement. Commission Meeting Agenda 12/3/2019 2:00 PM HCD _ Sand Hills Urban Development HOME Request Department:HCD Department:HCD Caption:Motion to approve Housing and Community Development Department’s (HCD's) request to provide HOME funding to Sand Hills Urban Development to develop one (1) single family housing unit for a low to moderate income family and to increase budget for HOME grant project in the amount of $82,500.00 in org key 221073212 -3313122-HOME grant income and 5225110-Constrction Service. Background:Housing and Community Development and Sand Hills Urban Development (SHUD) has been working together to promote affordable housing through partnership where SHUD has already constructed eight (8) single family units in South Augusta and three (3) in the Sand Hills area. Sand Hills is requesting HCD’s assistance in furthering affordable housing through continual partnership of providing HOME funds for the construction of one additional unit. SHUD has acquired J. Lovett Construction as a development partner that brings 50% of construction to all development deals. SHUD is requesting: 2806 Heckle Street , Augusta, GA 30909: Total Construction Cost: $160,000. Total Request $82,500 The funding request is to assist with the cost associated with the construction of a single family unit. Analysis:The approval of funding will allow SHUD to construct one (1) single-family unit to be sold to an eligible low income homebuyer. Financial Impact:HCD will utilize unspent prior year Home Investment Partnership (HOME) funding (221-07-3212/52-25-110) received through its annual allocation from Housing and Urban Development in the amount of $82,500.00 to assist in construction cost of a single family unit. Alternatives:Do not approve the funding to Sand Hills Urban Development. Recommendation:Motion to approve Housing and Community Development Department’s (HCD's) request to provide HOME funding to Sand Hills Urban Development to develop one (1) single family housing unit for a low to moderate income family and to increase budget for HOME grant project in the amount of $82,500.00. Funds are Available in the Following Accounts: Housing and Urban Development (HUD) Funds: Home Investment Partnership Program (HOME) funds. 221073212/5225110 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Commission Meeting Agenda 12/3/2019 2:00 PM HCD_ General Funds Transfer Request Department:HCD Department:HCD Caption:Motion to approve Housing and Community Development Department’s (HCD's) request to increase the 2019 Budget in the amount of $86,819.26 to support temporary workforce. Background:HCD currently has six (6) vacant positions budgeted in our FY2019 budget; however, due to transition, retirement, and departmental demands (HCD) has been utilizing temporary staff. Permanent staff are paid from Salaries & Wages; however, since we have used temporary workers, these funds are being paid from 221073110/5239112. This has negatively impacted HCD’s operations because we are having to use general operating funds to pay salary related activities. To date, HCD has reduced the total number of temporary staff persons from six (6) to three (3). We continue to work with Human Resources to hopefully soon, have the remaining temporary positions moved to our budgeted permanent positions thus alleviating this problem. Analysis:The approval of funding will enable HCD to continue necessary staffing levels as needed. Financial Impact:HCD’s is requesting to increase the operating budget for incurred and future costs associated with temporary staff. HCD are in process of hiring permanent staff to replace temporary staff and alleviate the excessive cost associated with utilizing temporary staff. Since HCD had six vacant positions, budgeted funds for Salaries & Wages have not been expended. Alternatives:Do not approve the transfer of funds Recommendation: Motion to approve Housing and Community Development Department’s (HCD's) request to increase the 2019 Budget in the amount of $86,819.26 to support temporary workforce. Funds are Available in the Following Accounts: HCD operating Funds source: 221073110 reduction of Salary and benefit from vacant position. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Homeowner Name: Homeowner's Address City, State, Zip Phone Heated SF 1648 Cost per Heated SF 105.03$ Total SF 2228 Cost per Total SF 77.69$ DEMOLITION FOUNDATION & MASONRY Lot Cleaning & Erosion $ 2,000.00 Layout w/ Batter Board $ 800.00 Footing $ 3,900.00 Foundation $ 4,510.00 Back Fill @ Slab $ 2,600.00 Termite Spray $ 50.00 Floor Slab $ 6,380.00 AHCD Augusta Housing & Community Development 925 Laney Walker Blvd., 3rd Floor, Augusta, GA 30901 (706) 821-1797 Office (706) 821-1784 Fax www.augustaga.gov Hawthorne Welcher - Director Home Model Name: Home Model Address: 173,096.00$ Total Construction Cost 924 Boyd Lane Contractor Name: Contractor Address City, State, Zip Phone LABOR COST PER UNIT TOTAL LABOR COST TOTAL COST LABOR & MATERIAL Laney Walker Development Corporation DESCRIPTION OF MATERIAL UNIT QUANTITY MATERIAL COSTS PER UNIT TOTAL MATERIAL COSTS Sidewalk 10' x 5' x 4" $ 1,000.00 Driveway 25' x 15' $ 1,550.00 Rear Concrete Slab 12' x 12' $ 860.00 Section Total $ 23,650.00 EXTERIOR Landscape/ Irrigation Allowance $ 1,800.00 Columns, Site Prep Rain Barrel & Gutters $ 5,055.00 Section Total $ 6,855.00 SIDING & PORCH Vinyl Siding & Soffit $ 9,230.00 Shake Siding $ 3,605.00 Section Total $ 12,835.00 ROOFING 30 Yr. Shingles (Architectural) $ 5,550.00 15# Felt $ 300.00 Section Total $ 5,850.00 FRAMING & FINISH CARPENTRY Wall, Floor, & Roof $ 19,500.00 Finish Framing $ 2,500.00 Section Total $ 22,000.00 FINISHED FLOORING & TILE Flooring Allowance $ 8,000.00 $ - Section Total $ 8,000.00 INSULATION Exterior Walls & Attic $ 3,820.00 $ - Section Total $ 3,820.00 SHEETROCK/PLASTER 1/2" Drywall & Green Board $ 12,000.00 $ - Section Total $ 12,000.00 HEATING & AIR First Floor HVAC Zone $ 4,875.00 Second Floor HVAC Zone $ 4,875.00 Section Total $ 9,750.00 ELECTRICAL Electrical & Secuirty System $ 8,700.00 $ - Section Total $ 8,700.00 PLUMBING Slab Plumbing $ 9,780.00 Above Slab & Finishes $ 6,520.00 Section Total $ 16,300.00 CABINETS & APPLIANCES Kitchen Cabinet w/ Granite Counter Tops $ 12,800.00 Bathroom Cabinet w/ Formica $ 1,000.00 Section Total $ 13,800.00 PAINTING EXTERIOR/INTERIOR Interior & Exterior Painting $ 12,000.00 $ - Section Total $ 12,000.00 SPECIALTIES Towel Bars, Mirrors, and Tissue Bars $ 1,000.00 $ - Section Total $ 1,000.00 CLEAN-UP & MISC. Clean Inside & Outside $ 800.00 $ - $ - $ - $ - $ - $ - $ - Section Total $ 800.00 Total Material Costs Total Labor Costs Total Costs Labor & Materials -$ -$ -$ -$ -$ 23,650.00$ -$ -$ 6,855.00$ -$ -$ 12,835.00$ -$ -$ 5,850.00$ -$ -$ 22,000.00$ -$ -$ 8,000.00$ -$ -$ 3,820.00$ -$ -$ 12,000.00$ -$ -$ 9,750.00$ -$ -$ 8,700.00$ -$ -$ 16,300.00$ -$ -$ 13,800.00$ -$ -$ 12,000.00$ -$ -$ 1,000.00$ -$ -$ 800.00$ CABINETS & APPLIANCES PAINTING SPECIALTIES SUMMARY CLEAN-UP & MISC. DEMOLITION FOUNDATION & MASONRY EXTERIOR SIDING & PORCH ROOFING FRAMING & FINISH CARPENTRY HEATING & AIR ELECTRICAL PLUMBING FINISH FLOORING & TILE INSULATION SHEETROCK/PLASTER -$ -$ 157,360.00$ 10%15,736.00$ DEVELOPER FEE 4,000.00$ Contract Amount Date Created: Date Revised: 177,096.00$ 173,096.00$ TOTAL CONSTRUCTION COST P&O 2 CAR GARAGE MASTER BEDROOM DINING ROOM BEDROOM #2 BEDROOM #3 BEDROOM #4 LIVING ROOM W.I.C CLOS. 2 S H . / 1 R . 2 SH./1 R.2 SH./1 R. 2 SH./1 R. 2 SH./1 R. 2 S H . 5 A D J . S H . 5' F.GLS. TUB/SHOWER BATHROOM MASTER BATH 3'X3' F.GLS. SHOWER FOYER PWDR. 3 0 3 0 2 8 PD 2 8 2 8 2 8 2 8 2 8 2 8 PD 2 6 2 6 2 6 5 0 BF 2 6 3 0 BF 3 0 BF 4 0 BF UP 15 RISERS DN 15 RISERS 36" KNEE WALL W/ WOOD CAP SH 3050 SH 30506070 DW SH 2630 SH 2640 TEMP SH 3050 (2) F 3 0 5 0 T E M P SH 3 0 5 0 SH 2 0 3 0 SH 3 0 5 0 ( 2 ) SH 2 0 3 0 SH 3 0 5 0 10 0 X 80 OVERHEAD DOOR RE F . DB 2 4 36 1 8 36 3 0 30 1 2 B3 6 DW. 1830 2430 DB18 LSB SB36 B3 0 B3 0 BC3630 36 3 0 VSB30 VSB30 VSB30 VSB30 VDB12 VDB12 5' F.GLS. SOAKING TUB W/C.TILE SURROUND W. D. CLOS. FLUSH 12" OVERHANG 8" X 8" X 16" CMU WALL, FULLY GROUTED, W/1 #4 VERT. @ 48" O.C. W/25" MIN. LAP OVER 20" X 12" CONC. FTG. W/3 #4 STEEL REINF. (TYP) 8" X 8" X 16" CMU WALL, FULLY GROUTED, W/1 #4 VERT. @ 48" O.C. W/25" MIN. LAP OVER 20" X 12" CONC. FTG. W/3 #4 STEEL REINF. (TYP) MIN. 1 COURSE CMU OVER 20" X 12" CONCRETE FTG. W/3 #4 STEEL REINF. 4" POURED CONCRETE SLAB WITH 6X6 W.W.M. OVER 6 MIL. POLY. VAPOR BARRIER & CLEAN COMPACTED FILL 4" POURED CONCRETE SLAB WITH 6X6 W.W.M. OVER 6 MIL. POLY. VAPOR BARRIER & CLEAN COMPACTED FILL BLOCK OPENING 2X4 ENG. ROOF TRUSSES @24" O.C. 2X4 ENG. ROOF TRUSSES @24" O.C. 9 12" TJI @ 16" O.C. 9 12" TJI @ 16" O.C. 9 12" TJI @ 16" O.C. 9 12" TJI @ 16" O.C. (3 ) 1 4 " L V L O V E R (2) 11 7/8"" LVL OVER PORCH (2) 2X10 OVER (2) 11 7/8"" LVL OVER 80X 80 OVERHEAD DOOR SH 2 6 3 0 (2 ) 1 4 " L V L O V E R 2X 4 E N G . R O O F TR U S S E S @ 2 4 " O . C . BLOCK OPENING 4" POURED CONCRETE SLAB WITH 6X6 W.W.M. OVER 6 MIL. POLY. VAPOR BARRIER & CLEAN COMPACTED FILL FOUNDATION PLAN SCALE: 1 4" = 1'-0" A-1 DATE: 7-11-2019 REV.: FIRST FLOOR PLAN SCALE: 1 4" = 1'-0" SECOND FLOOR PLAN SCALE: 1 4" = 1'-0" FIRST FLOOR 684 SF SECOND FLOOR 964 SF TOTAL CONDITIONED 1648 SF PORCH & GARAGE 580 SF RESIDENCE TOTAL 2228 SF 924 Boyd Lane Augusta, GA 30901 3 0 DH 3050 DH 3050 SH 3050 SH 3050 SH 3050SH 3050 (2) SH 3050 (2) SH 2030 SH 2030 6070 DW SH 2630 SH 2640 T. 100X 80 OVERHEAD DOOR RIDGE VENT RIDGE VENT 5" VINYL LAP SIDING 5" VINYL LAP SIDING 5" VINYL LAP SIDING BRICK VENEER BRICK VENEERBRICK VENEER BRICK VENEER VINYL SHAKES 5" VINYL LAP SIDING 5" VINYL LAP SIDING ASPHALT SHINGLES ASPHALT SHINGLES ASPHALT SHINGLES 12 7 12 7 12 7 12 7 12 6 0 X 80 OVERHEAD DOOR 8 RIDGE VENT ASPHALT SHINGLES SH 2630 RIDGE VENT ASPHALT SHINGLES 12 7 12 7 ARCHITECTURAL SHINGLES OVER 30# ROOF FELT & 3 4" O.S.B. SHEATHING METAL DRIP EDGE 5" GUTTER & GUARD HARDIE FASCIA BD. CONTINUOUS SOFFIT VENT. VINYL SOFFIT 10" HARDIE BOARD HOUSE WRAP 1 2" O.S.B SHEATHING 2X4 TREATED PLATE ANCHOR BOLT 20" X 12" CONCRETE FOOTING W/3 #4 STEEL REINF. 8" X 8" X 16" CMU FULLY GROUTED W/1 #4 VERT. @ 48" FINISH GRADE R-30 MIN. BATT. INSULATION 1 2" SHEETROCK, GLUED & SCREWED 2 X 4 SYP STUDS @ 16" O.C. R-13 BATT. INSULATION 2 X 4 SYP BOTTOM PLATE 3 4" PLYWOOD FLOOR SHEATHING R-13 BATT. INSULATION 24" TO INTERIOR 9 1 2"" TJI FLOOR JOISTS @ 16" O.C. (2) 2 X 4 SYP TOP PLATE (TYP.) 1 2" SHEETROCK, GLUED & SCREWED 2 X 4 SYP STUDS @ 16" O.C. R-13 BATT. INSULATION 4" POURED CONCRETE SLAB W/6X6 WW MESH 6 MIL. POLY. CLEAN, COMPACTED FILL 2 X 4 ENGINEERED TRUSSES @ 24" O.C. 5" VINYL SIDING FRONT ELEVATION SCALE: 1 4" = 1'-0" A-2 DATE: 7-11-2019 REV.: RIGHT SIDE ELEVATION SCALE: 1 4" = 1'-0" LEFT SIDE ELEVATION SCALE: 1 4" = 1'-0" REAR ELEVATION SCALE: 1 4" = 1'-0" TYPICAL WALL SECTION SCALE: 3/4" = 1'-0" 924 Boyd Lane Augusta, GA 30901 2 CAR GARAGE MASTER BEDROOM DINING ROOM BEDROOM #2 BEDROOM #3 BEDROOM #4 LIVING ROOM W.I.C BATHROOM MASTER BATH FOYER PWDR. CLOS. FIRST FLR ELECTRICAL PLAN SCALE: 1 4" = 1'-0" E-1 DATE: 7-11-2019 REV.: SECOND FLR ELECTRICAL PLAN SCALE: 1 4" = 1'-0" 924 Boyd Lane Augusta, GA 30901 Augusta Housing & Community Development Department 924 Boyd Lane Contract Page 1 CONTRACT between AUGUSTA, GEORGIA And LANEY WALKER DEVELOPMENT CORPORATION in the amount of $177,096.00 USD One-Hundred and Seventy-Seven Thousand, Ninety-Six Dollars and 00/100 for Fiscal Year 2019 Providing funding for LANEY WALKER/BETHLEHEM REVITALIZATION PROJECT 924 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 510 Fenwick Street, Augusta, Georgia 30901, as party of the first part, and Laney Walker Development Corporation, a developer, organized pursuant to the Laws of the State of Georgia, hereinafter called "LANEY WALKER DEVELOPMENT CORPORATION” 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 LANEY WALKER DEVELOPMENT CORPORATION 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, LANEY WALKER DEVELOPMENT CORPORATION 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 924 Boyd Lane Contract Page 2 WHEREAS, LANEY WALKER DEVELOPMENT CORPORATION has agreed to provide services funded through this contract free from political activities, religious influences or requirements; and WHEREAS, LANEY WALKER DEVELOPMENT CORPORATION has requested and Augusta has approved a total of $177,096.00 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: LANEY WALKER DEVELOPMENT CORPORATION 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 924 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. LANEY WALKER DEVELOPMENT CORPORATION 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 LANEY WALKER DEVELOPMENT CORPORATION 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 $173,096.00. 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 LANEY WALKER DEVELOPMENT CORPORATION for construction costs related to the development of one single family detached home identified as 924 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. Augusta Housing & Community Development Department 924 Boyd Lane Contract Page 3 \ 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 LANEY WALKER DEVELOPMENT CORPORATION 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 924 Boyd Lane. AHCD will have the latitude to pay O&P directly to the procured developer/contractor on a pay for performance basis or upon the sale of the single family detached home identified as 924 Boyd Lane. 3. Developer’s Fee An amount not to exceed $4,000.00 in a grant shall be expended to ANTIOCH MINITRIES, INC. in support of the project development fees. Drawdowns are to be requested after sale of the single family detached home identified as 924 Boyd Lane. C. Program Location and Specific Goals to be Achieved LANEY WALKER DEVELOPMENT CORPORATION shall conduct project development activities and related services in its project area Laney Walker Bethlehem that incorporates the following boundaries: Fifteenth Street, R.A. Dent, Wrightsboro Road, Twiggs Street, MLK Boulevard and Walton Way. D. Project Eligibility Determination It has been determined that the use of Laney Walker/Bethlehem Bond Financing funds by LANEY WALKER DEVELOPMENT CORPORATION 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, LANEY WALKER DEVELOPMENT CORPORATION 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 LANEY WALKER DEVELOPMENT CORPORATION 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, LANEY WALKER DEVELOPMENT CORPORATION, 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: Augusta Housing & Community Development Department 924 Boyd Lane Contract Page 4 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 LANEY WALKER DEVELOPMENT CORPORATION and AHCD determine the progress is satisfactory. LANEY WALKER DEVELOPMENT CORPORATION shall utilize the AIA Form provided by AHCD (see Appendix). For invoicing, LANEY WALKER DEVELOPMENT CORPORATION will include documentation showing proof of completion of work in accordance with the amount requested, inspected and accepted by AHCD, lien waivers for vendors and sub-contractors, as specified in the Work Write-Up found in Exhibit B & E. 2. AHCD will monitor the progress of the project and LANEY WALKER DEVELOPMENT CORPORATION’s 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. LANEY WALKER DEVELOPMENT CORPORATION and AHCD shall share in the cost and proceeds of developing the residence at 924 Boyd Lane as follows: 4. 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 LANEY WALKER DEVELOPMENT CORPORATION and AHCD deemed satisfactorily progress made within the contracted construction only amount. 7. AHCD 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 LANEY WALKER DEVELOPMENT CORPORATION 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 the actual construction costs including only materials and labor as outlined and approved on the Work Write-Up to be expended by LANEY WALKER DEVELOPMENT CORPORATION for construction costs related to the development of one single family detached home identified as 924 Boyd Lane. Additionally, AHCD will provide one hundred percent (100%) of all change orders (where applicable) as approved by both Augusta and LANEY WALKER DEVELOPMENT CORPORATION in writing. All funding is being provided as payment for services rendered as per this Agreement. Augusta Housing & Community Development Department 924 Boyd Lane Contract Page 5 C. Timetable for Completion of Project Activities LANEY WALKER DEVELOPMENT CORPORATION 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 924 Boyd Lane . Liquidated Damages LANEY WALKER DEVELOPMENT CORPORATION 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 LANEY WALKER DEVELOPMENT CORPORATION. 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 LANEY WALKER DEVELOPMENT CORPORATION. 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 LANEY WALKER DEVELOPMENT CORPORATION 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 LANEY WALKER DEVELOPMENT CORPORATION 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 924 Boyd Lane as part of the Heritage Pine Project. AHCD will have the latitude to pay such costs directly to the procured construction contractor. LANEY WALKER DEVELOPMENT CORPORATION shall be paid a total consideration of no more than $4,000.00 for full performance of the services Augusta Housing & Community Development Department 924 Boyd Lane Contract Page 6 specified under this Agreement. Any cost above this amount shall be the sole responsibility of LANEY WALKER DEVELOPMENT CORPORATION. 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 LANEY WALKER DEVELOPMENT CORPORATION. LANEY WALKER DEVELOPMENT CORPORATION 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 LANEY WALKER DEVELOPMENT CORPORATION (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 LANEY WALKER DEVELOPMENT CORPORATION, or any subcontractor hereunder. B. LANEY WALKER DEVELOPMENT CORPORATION shall not use these funds for any purpose other than the purpose set forth in this Agreement. C. Subject to LANEY WALKER DEVELOPMENT CORPORATION’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. E. Requests by LANEY WALKER DEVELOPMENT CORPORATION 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. LANEY WALKER DEVELOPMENT CORPORATION 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 LANEY WALKER DEVELOPMENT CORPORATION. H. The terms of this Agreement supersede any and all provisions of the Georgia Prompt Pay Act. Augusta Housing & Community Development Department 924 Boyd Lane Contract Page 7 I. Upon the sale of the detached single family home at 924 Boyd Lane, AHCD is to provide LANEY WALKER DEVELOPMENT CORPORATION with any outstanding payments on approved invoices and related costs received within ten (10) business days. ARTICLE V. ADMINISTRATIVE REQUIREMENTS Conflict of Interest LANEY WALKER DEVELOPMENT CORPORATION 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 LANEY WALKER DEVELOPMENT CORPORATION. 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. LANEY WALKER DEVELOPMENT CORPORATION 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 LANEY WALKER DEVELOPMENT CORPORATION. In such instances, LANEY WALKER DEVELOPMENT CORPORATION 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 LANEY WALKER DEVELOPMENT CORPORATION. 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 VI. OTHER REQUIREMENTS A. LANEY WALKER DEVELOPMENT CORPORATION 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 Augusta Housing & Community Development Department 924 Boyd Lane Contract Page 8 housing. One suggested activity is to use the fair housing symbol and language in LANEY WALKER DEVELOPMENT CORPORATION’s publications and/or advertisements. (24 CFR 570.601). B. LANEY WALKER DEVELOPMENT CORPORATION agrees that the ownership in the housing assisted units must meet the definition of “homeownership” in §92.2. C. LANEY WALKER DEVELOPMENT CORPORATION 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. LANEY WALKER DEVELOPMENT CORPORATION 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), LANEY WALKER DEVELOPMENT CORPORATION 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. LANEY WALKER DEVELOPMENT CORPORATION 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. LANEY WALKER DEVELOPMENT CORPORATION 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. LANEY WALKER DEVELOPMENT CORPORATION 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. I. LANEY WALKER DEVELOPMENT CORPORATION will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, or Augusta Housing & Community Development Department 924 Boyd Lane Contract Page 9 familial status. LANEY WALKER DEVELOPMENT CORPORATION 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. LANEY WALKER DEVELOPMENT CORPORATION 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. J. In accordance with Section 570.608 of the CDBG Regulations, LANEY WALKER DEVELOPMENT CORPORATION 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. LANEY WALKER DEVELOPMENT CORPORATION 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, LANEY WALKER DEVELOPMENT CORPORATION 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 LANEY WALKER DEVELOPMENT CORPORATION 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. LANEY WALKER DEVELOPMENT CORPORATION 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. LANEY WALKER DEVELOPMENT CORPORATION agrees to obtain all necessary permits for intended improvements or activities. O. LANEY WALKER DEVELOPMENT CORPORATION shall not assign any interest in this contract or transfer any interest in the same without the prior written approval of Augusta. LANEY WALKER DEVELOPMENT CORPORATION 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. LANEY Augusta Housing & Community Development Department 924 Boyd Lane Contract Page 10 WALKER DEVELOPMENT CORPORATION 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 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. LANEY WALKER DEVELOPMENT CORPORATION 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. LANEY WALKER DEVELOPMENT CORPORATION 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. LANEY WALKER DEVELOPMENT CORPORATION 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. LANEY WALKER DEVELOPMENT CORPORATION will not discriminate against any person applying for shelter on the basis of religion. LANEY WALKER DEVELOPMENT CORPORATION 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 LANEY WALKER DEVELOPMENT CORPORATION has indirect cost allocation plan approved by the Department of Housing and Urban Development prior to the execution of this Contract. Augusta Housing & Community Development Department 924 Boyd Lane Contract Page 11 U. AHCD shall not approve any travel or travel related expenses to LANEY WALKER DEVELOPMENT CORPORATION 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. LANEY WALKER DEVELOPMENT CORPORATION 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 LANEY WALKER DEVELOPMENT CORPORATION or any subcontractor of LANEY WALKER DEVELOPMENT CORPORATION or subunit thereof which is pertinent to the performance of any contract awarded or to be awarded by Augusta, Georgia. ARTICLE X. SUSPENSION AND TERMINATION A. In the event LANEY WALKER DEVELOPMENT CORPORATION 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 LANEY WALKER DEVELOPMENT CORPORATION cures any breach of the Agreement. If LANEY WALKER DEVELOPMENT CORPORATION fails to cure the breach, Augusta may suspend or terminate the current award of funds. LANEY WALKER DEVELOPMENT CORPORATION will not be eligible to receive any other funding. B. Notwithstanding the above, LANEY WALKER DEVELOPMENT CORPORATION 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 LANEY WALKER DEVELOPMENT CORPORATION 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 LANEY WALKER DEVELOPMENT CORPORATION for documented committed eligible costs incurred prior to the date of notice of termination. D. Notwithstanding any termination or suspension of this Agreement, LANEY WALKER DEVELOPMENT CORPORATION 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. Augusta Housing & Community Development Department 924 Boyd Lane Contract Page 12 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 LANEY WALKER DEVELOPMENT CORPORATION 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 510 Fenwick Street Augusta, Georgia 30901 LANEY WALKER DEVELOPMENT CORPORATION will receive all notices at the address indicated below: Laney Walker Development Corporation ATTN: Ms. Edith Peebles P.O. Box 2301 Augusta, GA 30339 ARTICLE XII. INDEMNIFICATION LANEY WALKER DEVELOPMENT CORPORATION 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 Augusta Housing & Community Development Department 924 Boyd Lane Contract Page 13 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, LANEY WALKER DEVELOPMENT CORPORATION 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 LANEY WALKER DEVELOPMENT CORPORATION beyond the term of this Agreement. LANEY WALKER DEVELOPMENT CORPORATION 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 LANEY WALKER DEVELOPMENT CORPORATION for the purpose of securing business and that LANEY WALKER DEVELOPMENT CORPORATION 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 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, Augusta Housing & Community Development Department 924 Boyd Lane Contract Page 14 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. 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: Laney Walker Development Corporation By: _________________________ Augusta Housing & Community Development Department 924 Boyd Lane Contract Page 15 Ms. Edith Peebles, Director Date:_______________________ Augusta Housing & Community Development Department 924 Boyd Lane Contract Page 16 APPENDIX 1 Architectural Plans/Designs Augusta Housing & Community Development Department 924 Boyd Lane Contract Page 17 APPENDIX 2 American Institute of Architects (AIA) Form - Sample Augusta Housing & Community Development Department 924 Boyd Lane Contract Page 18 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 924 Boyd Lane Contract Page 19 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 924 Boyd Lane Contract Page 20 APPENDIX 5 CONTRACTOR ACKNOWLEDGEMENT Laney Walker Development Corporation 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, Laney Walker Development Corporation 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 Laney Walker Development Corporation LLC may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Laney Walker Development Corporation LLC agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if Laney Walker Development Corporation 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. Laney Walker Development Corporation 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. ____________________________________ Mr. Scylance Scott Laney Walker Development Corporation, LLC. Owner Augusta Housing & Community Development Department 924 Boyd Lane Contract Page 21 EXHIBIT A PROJECT SCHEDULE OF COMPLETION LANEY WALKER DEVELOPMENT CORPORATION 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 924 Boyd Lane Contract Page 22 EXHIBIT B WORK WRITE-UP Augusta Housing & Community Development Department 924 Boyd Lane Contract Page 23 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 LANEY WALKER DEVELOPMENT CORPORATION 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, LANEY WALKER DEVELOPMENT CORPORATION 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 LANEY WALKER DEVELOPMENT CORPORATION in writing of the cause of the delay. If Augusta Housing & Community Development Department 924 Boyd Lane Contract Page 24 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 a. LANEY WALKER DEVELOPMENT CORPORATION 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. LANEY WALKER DEVELOPMENT CORPORATION must make sure contractors obtain and post all permits on job site. c. LANEY WALKER DEVELOPMENT CORPORATION 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 12/3/2019 2:00 PM HCD_ Laney Walker/Bethlehem New Construction Home (1) 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 contract with Laney Walker Development Corporation to construct one (1) workforce unit on Boyd Lane. 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 one (1) new residential unit on Boyd Lane within Laney Walker / Bethlehem. 100% of funding will be returned at closing 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 924 Boyd Lane - $177,096.00 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 contract with Laney Walker Development Corporation to construct one (1) workforce unit on Boyd Lane. Funds are Available in the Following Accounts: Laney Walker/Bethlehem Revitalization Project funds 298-07- 7345-5211119 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Key Government Finance, Inc. Lease/Purchase Master Agreement For State and Local Government KEYCORP CONFIDENTIAL - This is counterpart # _____ of _____ manually executed counterparts. Only counterpart # 1 constitutes chattel paper This Lease/Purchase Master Agreement For State and Local Government dated December 9, 2019 ("Agreement") covers the terms and conditions under which Key Government Finance, Inc. will finance various charges. In addition, attached is the form of Lease/Purchase Supplement and Exhibits thereto. This Agreement and its applicable Supplements and Addenda are the complete agreement regarding the Financing Transactions and replace any prior oral or written communications between both parties. If there is a conflict of terms among the documents, the order of precedence will be as follows: (a) attachments or addenda to the Supplement, (b) Supplement, (c) attachments or addenda to the Agreement, (d) this Agreement. By signing below, both parties agree to the terms of this Agreement. Once signed, any reproduction of this Agreement or a Supplement made by reliable means (for example, photocopy or facsimile) is considered an original. Part 1 - Definitions The following terms will have the meanings indicated below unless the context clearly requires otherwise: "Agreement" means this Lease/Purchase Master Agreement. "Commencement Date" is the date when the term of a Financing Transaction and Lessee’s obligation to pay Lease Payments for such Financing Transaction commence, which date shall be set forth in each Lease/Purchase Supplement. "Equipment" means, collectively, the equipment lease/purchased pursuant to this Agreement, and with respect to each Lease/Purchase Supplement, the equipment described in each Lease/Purchase Supplement, and all repairs, restorations, modifications and improvements thereof or thereto made pursuant to Section 8.01 or Part 9. "Event of Default" is defined in Section 13.1. "Financed Items" means any software program licenses, maintenance, services, and other one-time charges to be lease/purchased pursuant to this Agreement, and with respect to each Lease/Purchase Supplement, such items described therein. "Financing Transaction" means the lease/purchase transaction for Property set forth in any Lease/Purchase Supplement entered into pursuant this Agreement. "Lease/Purchase Supplement" or "Supplement" means a Lease/Purchase Supplement in the form attached hereto. Lease Payments" means the Lease Payments payable by Lessee under Part 6 of this Agreement and with respect to each Lease/Purchase Supplement, the Payment Amounts set forth in each Lease/Purchase Supplement in Exhibit 1 thereto. "Lease Payment Dates" means the dates for the Lease Payments as set forth in the Payment Schedules for each Lease/Purchase Supplement. "Lease Term" means, with respect to a Financing Transaction, the Original Term and all Renewal Terms. The Lease Term for each Financing Transaction entered into hereunder shall be set forth in a Lease/Purchase Supplement, as provided in Section 4.2. "Lessee" or "Customer" means the entity identified as such on the signature line below, and its permitted successors and assigns. "Lessor" means the entity identified as such on the signature line below, and its successors and assigns. "Nonappropriation Event" is defined in Section 6.6. "Original Term" means, with respect to a Financing Transaction, the period from the Commencement Date until the end of the budget year of Lessee in effect at the Commencement Date. "Payment Schedule" means, with respect to a Financing Transaction, one or more schedules of lease payments for the Original Term and all Renewal Terms that indicates the Payment Due Date, the Payment, the Finance Charge and the Balance Due. "Property" means, collectively, the Equipment and Financed Items lease/purchased pursuant to this Agreement, and with respect to each Lease/Purchase Supplement, the Equipment and Financed Items described in such Lease/Purchase Supplement. "Purchase Price" means the amount that Lessee may, in its discretion, pay to Lessor to purchase the Property under a Lease/Purchase Supplement, as provided in Section 11.1 and as set forth in the Lease/Purchase Supplement. "Renewal Terms" means the renewal terms of a Financing Transaction, each having a duration of one year and a term coextensive with Lessee’s budget year. "State" means the state or commonwealth where Lessee is located. "Supplier" means any manufacturer, vendor or provider of the Property leased/purchased by Lessee. Part 2 - Separate Financings Each Supplement executed and delivered under this Agreement shall be a separate financing, distinct from other Supplements. Without limiting the foregoing, upon the occurrence of an Event of Default or a Nonappropriation Event with respect to a Supplement, Lessor shall have the rights and remedies specified herein with respect to the Property financed and the Lease Payments payable under such Supplement, and except as expressly provided in Section 12.2 below, Lessor shall have no rights or remedies with respect to Property financed or Lease Payments payable under any other Supplements unless an Event of Default or Nonappropriation Event has also occurred under such other Supplements. Part 3 —Lessee’s Covenants As of the Commencement Date for each Supplement executed and delivered hereunder, Lessee shall be deemed to represent, covenant and warrant for the benefit of Lessor as follows: (a) Lessee is a public body corporate and politic duly organized and existing under the constitution and laws of the State with full power and authority to enter into this Agreement and the Supplement and the transactions contemplated thereby and to perform all of its obligations thereunder. Lessee has a substantial amount of one or more of the following sovereign powers: (a) the power to tax, (b) the power of eminent domain, and (c) the police power. (b) Lessee will do or cause to be done all things necessary to preserve and keep in full force and effect its existence as a body corporate and politic. To the extent Lessee should merge with another entity under the laws of the State, Lessee agrees that as a condition to such merger it will require that the remaining or resulting entity shall be assigned Lessee’s rights and shall assume Lessee’s obligations hereunder. (c) Lessee has been duly authorized to execute and deliver this Agreement and the Supplement by proper action by its governing body, or by other appropriate official approval, and all requirements have been met and procedures have occurred in order to ensure the validity and enforceability of this Agreement and the Supplement, and Lessee has complied with such public bidding requirements as may be applicable to this Agreement and the Supplement and the acquisition by Lessee of the Property thereunder. On or before the Commencement Date, Lessee shall cause to be executed an Opinion of Lessee’s Counsel in substantially the form attached to the form of the Supplement as Exhibit 2 and a Lessee’s Certificate in substantially the form attached to the form of the Supplement as Exhibit 3. (d) During the Lease Term for the Supplement, the Property thereunder will perform and will be used by Lessee only for the purpose of performing essential governmental uses and public functions within the permissible scope of Lessee’s authority. Agreed to: Lessee Augusta, Georgia By____________________________________ Authorized Signature Title: __________________________________ Date: Agreed to: Lessor Key Government Finance, Inc. By__________________________________________ Authorized Signature Title: ________________________________________ Date: Key Government Finance, Inc. Lease/Purchase Master Agreement For State and Local Government KEYCORP CONFIDENTIAL - This is counterpart # _____ of _____ manually executed counterparts. Only counterpart # 1 constitutes chattel paper (e) Lessee will provide Lessor with current financial statements, budgets and proof of appropriation for the ensuing budget year and other financial information relating to the ability of Lessee to continue this Agreement and the Supplement in such form and containing such information as may be requested by Lessor. (f) Lessee will comply with all applicable provisions of the Internal Revenue Code of 1986, as amended (the "Code"), including Sections 103 and 148 thereof, and the regulations of the Treasury Department thereunder, from time to time proposed or in effect, in order to maintain the excludability from gross income for federal income tax purposes of the interest component of Lease Payments under the Supplement and will not use or permit the use of the Property in such a manner as to cause a Supplement to be a "private activity bond" under Section 141(a) of the Code. Lessee covenants and agrees that no part of the proceeds of the Supplement shall be invested in any securities, obligations or other investments except for the temporary period pending such use nor used, at any time, directly or indirectly, in a manner which, if such use had been reasonably anticipated on the date of issuance of the Agreement, would have caused any portion of the Supplement to be or become "arbitrage bonds" within the meaning of Section 103(b)(2) or Section 148 of the Code and the regulations of the Treasury Department thereunder proposed or in effect at the time of such use and applicable to obligations issued on the date of issuance of the Supplement. (g) The execution, delivery and performance of this Agreement and the Supplement and compliance with the provisions hereof and thereof by Lessee does not conflict with, or result in a violation or breach or constitute a default under, any resolution, bond, agreement, indenture, mortgage, note, lease of, or other instrument to which Lessee is a party or by which it is bound by any law or any rule, regulation, order or decree of any court, governmental agency or body having jurisdiction over Lessee or any of its activities or properties resulting in the creation or imposition of any lien, charge or other security interest or encumbrance of any nature whatsoever upon any property or assets of Lessee or to which it is subject. (h) Lessee’s exact legal name is as set forth on the first page of this Agreement. Lessee will not change its legal name in any respect without giving thirty (30) days, prior notice to Lessor. Part 4 - The Transactions 4.1 Lease of Property. On the Commencement Date of each Financing Transaction executed in the Supplement hereunder, Lessor will be deemed to demise, lease and let to Lessee, and Lessee will be deemed to rent, lease and hire from Lessor, the Property described in such Supplement, in accordance with this Agreement and such Supplement, for the Lease Term set forth in such Supplement. 4.2 Lease Term. The term of each Financing Transaction shall commence on the Commencement Date set forth in the Certificate of Acceptance and shall terminate upon payment of the final Lease Payment set forth in such Payment Schedule and the exercise of the Purchase Option described in Section 11.1, unless terminated sooner pursuant to this Agreement or the Supplement. 4.3 Delivery. Installation and Acceptance of Property. Lessee shall order the Property, shall cause the Property to be delivered and installed at the locations specified in the applicable Supplement, and shall pay all taxes, delivery costs and installation costs, if any, in connection therewith. To the extent funds are deposited under an escrow agreement for the acquisition of the Property, such funds shall be disbursed as provided therein. When the Property described in such Supplement is delivered, installed and accepted as to Lessee’s specifications, Lessee shall immediately accept the Property and evidence said acceptance by executing and delivering to Lessor the Acceptance Certificate substantially in the form attached to the Supplement. 4.4 Assignment to Lessor. With respect to Property, Lessee assigns for security purposes to Lessor, effective upon Lessor signing the Supplement, its right to purchase the Property from its Supplier. Although Lessor shall have the obligation to pay the Supplier for the Property, not to exceed the principal amount set forth in the Supplement, title to the Property shall pass directly from Supplier to Lessee subject to Lessor’s right under Section 7.3 hereunder, or unless otherwise provided. All other rights and obligations as defined in the agreement between Lessee and Lessee’s Supplier governing the purchase of the Property ("Purchase Agreement") shall remain with Lessee. Lessee represents that it has reviewed and approved the Purchase Agreement. Lessor will not modify or rescind the Purchase Agreement. 4.5 Credit Review. For each Financing Transaction, Lessee consents to a reasonable credit review by Lessor. Part 5 — Lessor’s Rights of Access 5.1 Enjoyment of Property. Lessee shall during the Lease Term peaceably and quietly have, hold and enjoy the Property, without suit, trouble or hindrance from Lessor, except as expressly set forth in this Agreement. Neither Lessor nor its successors or assigns shall interfere with such quiet use and enjoyment during the Lease Term so long as Lessee is not in default under the subject Supplement. 5.2 Location; Inspection. The Property will be initially located or based at the location specified in the applicable Supplement. Upon reasonable advance request, Lessee agrees to allow Lessor to inspect the Equipment and its maintenance records during Lessee’s normal business hours, subject to Lessee’s reasonable security procedures. Lessee will affix to the Equipment any identifying labels supplied by Lessor indicating ownership. Part 6 — Payments 6.1 Lease Payments to Constitute a Current Expense of Lessee. Lessor and Lessee understand and intend that the obligation of Lessee to pay Lease Payments hereunder shall constitute a current expense of Lessee and shall not in any way be construed to be a debt of Lessee in contravention of any applicable constitutional, statutory or charter limitation or requirement concerning the creation of indebtedness by Lessee, nor shall anything contained herein constitute a pledge of the faith and credit or taxing power of Lessee. Upon the appropriation of Lease Payments for a fiscal year, the Lease Payments for said fiscal year, and only the Lease Payments for said current fiscal year, shall be a binding obligation of Lessee; provided that such obligation shall not include a pledge of the taxing power of Lessee. 6.2 Payment of Lease Payments. Lessee shall promptly pay Lease Payments under each Supplement, exclusively from legally available funds, in lawful money of the United States of America, to Lessor in such amounts and on such dates as described in the applicable Payment Schedule, at Lessor’s address set forth as the "remit to" address in the invoice, unless Lessor instructs Lessee otherwise. Lessee shall pay Lessor a charge on any delinquent Lease Payments in an amount sufficient to cover all additional costs and expenses incurred by Lessor from such delinquent Lease Payment. In addition, Lessee shall pay a late charge of five cents per dollar or the highest amount permitted by applicable law, whichever is lower, on all delinquent Lease Payments and interest on said delinquent amounts from the date such amounts were due until paid at the rate of 12% per annum or the maximum amount permitted by law, whichever is less. 6.3 Interest Component. A portion of each Lease Payment due under each Supplement is paid as, and represents payment of, interest, and each Supplement hereunder shall set forth the interest component (or method of computation thereof) of each Lease Payment thereunder during the Lease Term. 6.4 Lease Payments to be Unconditional. SUBJECT TO SECTION 6.6, THE OBLIGATIONS OF LESSEE TO PAY THE LEASE PAYMENTS DUE UNDER THE SUPPLEMENTS AND TO PERFORM AND OBSERVE THE OTHER COVENANTS AND AGREEMENTS CONTAINED HEREIN SHALL BE ABSOLUTE AND UNCONDITIONAL IN ALL EVENTS WITHOUT ABATEMENT, DIMINUTION, DEDUCTION, SET-OFF OR DEFENSE, FOR ANY REASON, INCLUDING WITHOUT LIMITATION, ANY DEFECTS, MALFUNCTIONS, BREAKDOWNS OR INFIRMITIES IN THE PROPERTY OR ANY ACCIDENT, CONDEMNATION OR UNFORESEEN CIRCUMSTANCES. THIS PROVISION SHALL NOT LIMIT LESSEE,S RIGHTS OR ACTIONS AGAINST ANY SUPPLIER AS PROVIDED IN SECTION 10.2. 6.5 Continuation of Lease by Lessee. Lessee intends to continue all Supplements entered into pursuant to this Agreement and to pay the Lease Payments thereunder. Lessee reasonably believes that legally available funds in an amount sufficient to make all Lease Payments during the term of all Supplements can be obtained. Lessee agrees that during the budgeting process for each budget year its staff will provide to the governing body of Lessee notification of any Lease Payments due under the Supplements during the following budget year. 6.6 Nonappropriation. If, during the then current Original Term or Renewal Term, sufficient funds are not appropriated to make Lease Payments required under a Supplement for the following fiscal year, Lessee shall be deemed to not have renewed such Supplement for the following fiscal year and the Supplement shall terminate at the end of the then current Original Term or Renewal Term and Lessee shall not be obligated to make Lease Payments under said Supplement beyond the then current fiscal year for which funds have been appropriated. Upon the occurrence of such nonappropriation (a "Nonappropriation Event") Lessee shall, no later than the end of the fiscal year for which Lease Payments have been appropriated, deliver possession of the Property under said Supplement to Lessor. If Lessee fails to deliver possession of the Property to Lessor upon termination of said Supplement by reason of a Nonappropriation Event, the termination shall nevertheless be effective but Lessee shall be responsible for the payment of damages in an amount equal to the portion of Lease Payments thereafter coming due that is attributable to the number of days after the termination during which the Lessee fails to deliver possession and for any other loss suffered by Lessor as a result of Lessee’s failure to deliver possession as required. In the event of a Nonappropriation Event under a Supplement, Lessee shall cease use of all software financed or acquired under the applicable Supplement and shall confirm and state in Key Government Finance, Inc. Lease/Purchase Master Agreement For State and Local Government KEYCORP CONFIDENTIAL - This is counterpart # _____ of _____ manually executed counterparts. Only counterpart # 1 constitutes chattel paper writing to Lessor that it has: (1) deleted or disabled all files and copies of the software from the equipment on which it was installed; (2) returned all software documentation, training manuals, and physical media on which the software was delivered; and (3) has no ability to use the returned software. Lessor may, by written instructions to any escrow agent who is holding proceeds of the Supplement, instruct such escrow agent to release all such proceeds and any earnings thereon to Lessor, such sums to be credited to Lessee’s obligations under the Supplement and this Agreement. Lessee shall notify Lessor in writing within seven (7) days after the failure of the Lessee to appropriate funds sufficient for the payment of the Lease Payments, but failure to provide such notice shall not operate to extend the Lease Term or result in any liability to Lessee. In the event of such nonappropriation, upon request from Lessor, Lessee agrees to provide in a timely manner, written evidence of such nonappropriation, a copy of the fiscal year budget in which such nonappropriation occurred and any other related documentation reasonably requested by Lessor. Part 7 — Title; Security Interest 7.1 Title to the Property. Upon acceptance of the Equipment by Lessee and unless otherwise required by the laws of the State, title to the Equipment shall vest directly in Lessee from the Supplier, subject to Lessor’s interests under the applicable Supplement and this Agreement. Software that the Lessee acquires from the Supplier and finances with Lessor remains the property of the licensor. Ownership of the software is governed by the license agreement between the licensor and the Lessee and is not affected by this Agreement. 7.2 Personal Property. The Equipment is and will remain personal property and will not be deemed to be affixed to or a part of the real estate on which it may be situated, notwithstanding that the Equipment or any part thereof may be or hereafter become in any manner physically affixed or attached to real estate or any building thereon. If requested by Lessor, Lessee will, at Lessee’s expense, furnish a waiver of any interest in the Equipment from any party having an interest in any such real estate or building. 7.3 Security Interest. To the extent permitted by law and to secure the performance of all of Lessee’s obligations under this Agreement with respect to a Supplement, including without limitation all Supplements now existing or hereafter executed, Lessee grants to Lessor, for the benefit of Lessor and its successors and assigns, a security interest constituting a first lien on Lessee’s interest in all of the Equipment under the Supplement, whether now owned or hereafter acquired, all additions, attachments, alterations and accessions to the Equipment, all substitutions and replacements for the Equipment, and on any proceeds of any of the foregoing, including insurance proceeds. Lessee shall execute any additional documents, including financing statements, affidavits, notices and similar instruments, in form and substance satisfactory to Lessor, that Lessor deems necessary or appropriate to establish, maintain and perfect a security interest in the Equipment in favor of Lessor and its successors and assigns. Lessee hereby authorizes Lessor to file all financing statements that Lessor deems necessary or appropriate to establish, maintain and perfect such security interest. Part 8 — Maintenance and Ancillary Charges 8.1 Maintenance of Equipment by Lessee. Lessee shall keep and maintain the Equipment in good condition and working order and in compliance with the manufacturer’s specifications, shall use, operate and maintain the Equipment in conformity with all laws and regulations concerning the Equipment’s ownership, possession, use and maintenance, and shall keep the Equipment free and clear of all liens and claims, other than those created by this Agreement. Lessee shall have sole responsibility to maintain and repair the Equipment. Should Lessee fail to maintain, preserve and keep the Equipment in good repair and working order and in accordance with manufacturer’s specifications, and if requested by Lessor, Lessee will enter into maintenance contracts for the Equipment in form approved by Lessor and with approved providers. 8.2 Liens. Taxes. Other Governmental Charges and Utility Charges . Lessee shall keep the Property free of all levies, liens and encumbrances, except for the interest of Lessor under this Agreement. The parties to this Agreement contemplate that the Property will be used for a governmental or proprietary purpose of Lessee and, therefore, that the Property will be exempt from all property taxes. The Lease Payments payable by Lessee under this Agreement and the Supplements hereunder have been established to reflect the savings resulting from this exemption from taxation. Lessee will take such actions necessary under applicable law to obtain said exemption. Nevertheless, if the use, possession or acquisition of the Property is determined to be subject to taxation or later becomes subject to such taxes, Lessee shall pay when due all taxes and governmental charges lawfully assessed or levied against or with respect to the Property. Lessee shall pay all gas, water, steam, electricity, heat, power, telephone, utility and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Property. Lessee shall pay such taxes or charges as the same may become due; provided that, with respect to any such taxes or charges that may lawfully be paid in installments over a period of years, Lessee shall be obligated to pay only such installments as accrue during the then current fiscal year of the Lease Term for such Property. 8.3 Insurance. At its own expense, Lessee shall maintain (a) casualty insurance insuring the Property against loss or damage by fire and all other risks covered by the standard extended coverage endorsement then in use in the State and any other risks reasonably required by Lessor in an amount equal to at least the outstanding principal component of Lease Payments, and (b) liability insurance that protects Lessor from liability in all events in an amount reasonably acceptable to Lessor, and (c) worker’s compensation insurance covering all employees working on, in, near or about the Property; provided that Lessee may self-insure against all such risks. All insurance proceeds from casualty losses shall be payable as hereinafter provided in this Agreement. All such insurance shall be with insurers that are authorized to issue such insurance in the State. All such liability insurance shall name Lessor as an additional insured. All such casualty insurance shall contain a provision making any losses payable to Lessor and Lessee as their respective interests may appear. All such insurance shall contain a provision to the effect that such insurance shall not be canceled or modified without first giving written notice thereof to Lessor and Lessee at least thirty (30) days in advance of such cancellation or modification. Such changes shall not become effective without Lessor’s prior written consent. Upon Lessor’s request, Lessee shall, within thirty (30) days of such request, furnish to Lessor, for each Supplement, certificates evidencing such coverage, or, if Lessee self-insures, a written description of its self-insurance program together with a certification from Lessee’s risk manager or insurance agent or consultant to the effect that Lessee’s self-insurance program provides adequate coverage against the risks listed above. 8.4 Advances. In the event Lessee shall fail to either maintain the insurance required by this Agreement or keep the Property in good repair and working order, Lessor may, but shall be under no obligation to, purchase the required insurance and pay the cost of the premiums thereof or maintain and repair the Property and pay the cost thereof. All amounts so advanced by Lessor shall constitute additional rent for the Lease Term for the Supplement for which the Property is under and shall be due and payable on the next Lease Payment Date and Lessee covenants and agrees to pay such amounts so advanced by Lessor with interest thereon from the date such amounts are advanced until paid at the rate of 12% per annum or the maximum amount permitted by law, whichever is less. Part 9 — Casualty Loss 9.1 Damage or Destruction. If (a) the Property under a Supplement or any portion thereof is destroyed, in whole or in part, or is damaged by fire or other casualty, or (b) title to, or the temporary use of, the Property under a Supplement or any part thereof shall be taken under the exercise or threat of the power of eminent domain by any governmental body or by any person, firm or corporation acting pursuant to governmental authority, Lessor and Lessee will cause the Net Proceeds (as hereinafter defined) of any insurance claim, condemnation award or sale under threat of condemnation to be applied to the prompt repair, restoration, modification or improvement of the Property, unless Lessee shall have exercised its option to purchase Lessor’s interest in the Property if the Supplement so provides. Any balance of the Net Proceeds remaining after such work has been completed shall be paid to Lessee and applied to the next Lease Payments coming due on the Supplement. For purposes of Section 8.3 and this Part 9, the term "Net Proceeds" shall mean the amount remaining from the gross proceeds of any insurance claim, condemnation award or sale under threat of condemnation after deducting all expenses, including attorneys, fees, incurred in the collection thereof. 9.2 Insufficiency of Net Proceeds. If the Net Proceeds are insufficient to pay in full the cost of any repair, restoration, modification or improvement referred to in Section 9.1, Lessee shall (a) complete such repair, restoration, modification or improvement and pay any costs thereof in excess of the amount of the Net Proceeds and, if Lessee shall make any payments pursuant to this Section, Lessee shall not be entitled to any reimbursement therefor from Lessor nor shall Lessee be entitled to any diminution of the amounts payable under Section 6.2; or (b) exercise its option to purchase Lessor’s interest in the Property pursuant to the optional purchase provisions of the Supplement, if any. The amount of the Net Proceeds, if any, remaining after completing such repair, restoration, modification or improvement or after such purchase may be retained by Lessee. Part 10 — Warranties; Use of Equipment and/or Financed Items 10.1 Disclaimer of Warranties. LESSOR MAKES NO (AND SHALL NOT BE DEEMED TO HAVE MADE ANY) WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE DESIGN, OPERATION OR CONDITION OF, OR THE QUALITY OF THE MATERIAL, EQUIPMENT OR WORKMANSHIP IN, THE PROPERTY, ITS MERCHANTABILITY OR ITS FITNESS FOR ANY PARTICULAR PURPOSE, THE STATE OF TITLE THERETO OR ANY COMPONENT THEREOF, THE ABSENCE OF LATENT OR OTHER DEFECTS (WHETHER OR NOT DISCOVERABLE), AND LESSOR HEREBY Key Government Finance, Inc. Lease/Purchase Master Agreement For State and Local Government KEYCORP CONFIDENTIAL - This is counterpart # _____ of _____ manually executed counterparts. Only counterpart # 1 constitutes chattel paper DISCLAIMS THE SAME; IT BEING UNDERSTOOD THAT THE PROPERTY IS LEASED TO LESSEE "AS IS" ON THE DATE OF THIS AGREEMENT OR THE DATE OF DELIVERY, WHICHEVER IS LATER, AND ALL SUCH RISKS, IF ANY, ARE TO BE BORNE BY LESSEE. Lessee acknowledges that it has made (or will make) the selection of the Property from the Supplier based on its own judgment and expressly disclaims any reliance upon any statements or representations made by Lessor. Lessee understands and agrees that (a) neither the Supplier nor any sales representative or other agent of Supplier, is (i) an agent of Lessor, or (ii) authorized to make or alter any term or condition of this Agreement, and (b) no such waiver or alteration shall vary the terms of this Agreement unless expressly set forth herein. In no event shall Lessor be liable for any incidental, indirect, special or consequential damage in connection with or arising out of this Agreement, the Supplements, or the existence, furnishing, functioning or use of any item, product or service provided for in this Agreement or the Supplements. 10.2 Supplier’s Warranties. Lessor hereby irrevocably assigns to Lessee all rights that Lessor may have to assert from time to time whatever claims and rights (including without limitation warranties) related to the Property against the Supplier. Lessee’s sole remedy for the breach of such warranty, indemnification or representation shall be against the Supplier of the Property, and not against Lessor, nor shall such matter have any effect whatsoever on the rights and obligations of Lessor with respect to this Agreement, including the right to receive full and timely payments hereunder. Lessee expressly acknowledges that Lessor makes, and has made, no representations or warranties whatsoever as to the existence or the availability of such warranties of the Supplier of the Property. 10.3 Use of the Property. Lessee will not install, use, operate or maintain the Property improperly, carelessly, in violation of any applicable law or in a manner contrary to that contemplated by this Agreement and the applicable Supplement. Lessee shall provide all permits and licenses, if any, necessary for the installation and operation of the Property. In addition, Lessee agrees to comply in all respects with all laws of the jurisdiction in which its operations involving any item of Property may extend and any legislative, executive, administrative or judicial body exercising any power or jurisdiction over the items of the Property (including compliance with any applicable privacy laws, rules or regulations and in conjunction therewith Lessee, upon cessation of the use, operation and control of, and prior to any disposition of the Equipment, shall destroy any data contained thereon that would be subject to such privacy laws, rules or regulations); provided that Lessee may contest in good faith the validity or application of any such law or rule in any reasonable manner that does not, in the opinion of Lessor, adversely affect the interest of Lessor in and to the Property or its interest or rights under this Agreement. Lessee shall promptly notify Lessor in writing of any pending or threatened investigation, inquiry, claim or action by any governmental authority which could adversely affect this Agreement, any Supplement or the Property thereunder. 10.4 Modifications. Subject to the provisions of this Section, Lessee shall have the right, at its own expense, to make alterations, additions, modifications or improvements to the Equipment. All such alterations, additions, modifications and improvements shall thereafter comprise part of the Equipment and shall be subject to the provisions of this Agreement. Such alterations, additions, modifications and improvements shall not in any way damage the Equipment, substantially alter its nature or cause it to be used for purposes other than those authorized under the provisions of state and federal law; and the Equipment, on completion of any alterations, additions, modifications or improvements made pursuant to this Section, shall be of a value which is equal to or greater than the value of the Equipment immediately prior to the making of such alterations, additions, modifications and improvements. Lessee shall, at its own expense, make such alterations, additions, modifications and improvements to the Equipment as may be required from time to time by applicable law or by any governmental authority. Part 11 — Prepayments 11.1 Deemed Purchase. Lessee shall be deemed to have purchased Lessor’s entire interest in all of the Equipment subject to a Supplement and to have terminated any restrictions herein on the Property under such Supplement on the last day of the Lease Term for a Supplement, if the Supplement is still in effect on such day, upon payment in full of the Lease Payments due thereunder. Upon the deemed purchase as set forth in this Section 11.1 or payment of the purchase price pursuant to Section 11.2 hereof, under the applicable Supplement, and performance by Lessee of all other terms, conditions and provisions hereof, Lessor shall deliver to Lessee all such documents and instruments as Lessee may reasonably require to evidence the transfer, without warranty by or recourse to Lessor, of all of Lessor’s right, title and interest in and to the Equipment subject to such Supplement to Lessee. 11.2 Option to Prepay. Lessee shall have the option to prepay (a) in whole, but not in part, the Lease Payments due under a Supplement on any Lease Payment Date, at the Prepayment Price set forth in the Lease Payment Schedule as the "Prepayment Price", or (b) in part, by requesting, in writing, the Prepayment Price for the portion of the remaining Lease Receivables allocable to the Property being prepaid plus any past due amounts, accrued interest to the date of such prepayment and any other monetary amounts due under the Supplement to Lessor. The Prepayment Price shall be an amount equal to the present value of the portion of the remaining Lease Payments allocable to the Property being prepaid multiplied by the Prepayment Fee Rate set forth in such Payment Schedule as the "Prepayment Fee Rate". Upon payment of the Prepayment Price and such other amounts due Lessor, Lessee shall be deemed to have purchased Lessor’s entire interest in all Property being prepaid, and to have terminated any restrictions herein on the Property prepaid. Part 12 — Assignment; Risk of Loss 12.1 Assignment by Lessor. Lessor’s right, title and interest in, to and under each Supplement and the Property under such Supplement may be assigned and reassigned in whole or in part to one or more assignees or subassignees by Lessor without the consent of Lessee; provided that any assignment shall not be effective against the Lessee until Lessee has received written notice, signed by the assignor, of the name, address and tax identification number of the assignee. Lessee shall retain all such notices as a register of all assignees and shall make all payments to the assignee or assignees designated in such register. Lessee agrees to execute all documents, including notices of assignment and chattel mortgages or financing statements that may be reasonably requested by Lessor or any assignee to protect its interests in this Agreement and the Supplements. 12.2 Supplements Separate Financings. Assignees of the Lessor’s rights in one Supplement shall have no rights in any other Supplement unless such rights have been separately assigned. 12.3 Assignment and Subleasing by Lessee. NONE OF LESSEE,S RIGHT, TITLE AND INTEREST IN, TO AND UNDER THIS AGREEMENT OR ANY SUPPLEMENT AND IN THE PROPERTY MAY BE ASSIGNED, SUBLEASED OR ENCUMBERED BY LESSEE FOR ANY REASON, WITHOUT THE PRIOR WRITTEN CONSENT OF LESSOR. Any request by Lessee to assign a Supplement or any Property thereunder must be accompanied by an opinion of tax counsel satisfactory to Lessor that the assignment will cause no material change to the federal income tax treatment of the amounts payable as interest under the Supplement. 12.4 Risk of Loss Covenants. Lessee shall not be required to indemnify or hold Lessor harmless against liabilities arising from the Agreement. However, as between Lessor and Lessee, and to the extent permitted by law, Lessee shall bear the risk of loss for, shall pay directly, and shall defend Lessor against any and all claims, liabilities, proceedings, actions, expenses, damages or losses arising under or related to the Property, including, but not limited to, the possession, ownership, lease, use or operation thereof, except that (provided that Lessee has complied with its obligations under Section 10.3) Lessee shall not bear the risk of loss of, nor pay for, any claims, liabilities, proceedings, actions, expenses, damages or losses that arise directly from events occurring after Lessee has surrendered possession of the Property in accordance with the terms of the Agreement to Lessor or that arise directly from the gross negligence or willful misconduct of the Lessor. Part 13 — Defaults and Remedies 13.1 Events of Default Defined. Any of the following shall constitute an "Event of Default" under a Supplement: (a) Failure by Lessee to pay any Lease Payment under the Supplement or other payment required to be paid with respect thereto at the time specified therein; (b) Failure by Lessee to observe and perform any covenant, condition or agreement on its part to be observed or performed with respect to the Supplement, other than as referred to in subparagraph (a) above, for a period of thirty (30) days after written notice specifying such failure and requesting that it be remedied is given to Lessee by Lessor, unless Lessor shall agree in writing to an extension of such time prior to its expiration; provided that, if the failure stated in the notice cannot be corrected within the applicable period, Lessor will not unreasonably withhold its consent to an extension of such time if corrective action is instituted by Lessee within the applicable period and diligently pursued until the default is corrected; (c) Any statement, representation or warranty made by Lessee in or pursuant to the Supplement or its execution, delivery or performance shall prove to have been false, incorrect, misleading or breached in any material respect on the date when made; (d) Lessee shall (i) apply for or consent to the appointment of a receiver, trustee, custodian or liquidator of Lessee, or of all or a substantial part of the assets of Lessee, (ii) be unable, fail or admit in writing its inability generally to pay its debts as they become due, (iii) make a general assignment for the benefit of creditors, (iv) have an order for relief entered against it under applicable federal bankruptcy law, or (v) file a voluntary petition in bankruptcy or a petition or an answer seeking reorganization or an arrangement with creditors or taking advantage of any insolvency law or any answer admitting the material allegations of a petition filed Key Government Finance, Inc. Lease/Purchase Master Agreement For State and Local Government KEYCORP CONFIDENTIAL - This is counterpart # _____ of _____ manually executed counterparts. Only counterpart # 1 constitutes chattel paper against Lessee in any bankruptcy, reorganization or insolvency proceeding; or (e) An order, judgment or decree shall be entered by any court of competent jurisdiction, approving a petition or appointing a receiver, trustee, custodian or liquidator of Lessee or of all or a substantial part of the assets of Lessee, in each case without its application, approval or consent, and such order, judgment or decree shall continue unstayed and in effect for any period of 60 consecutive days. The foregoing provisions of Section 13.1 are subject to the following limitation: if by reason of force majeure Lessee is unable in whole or in part to perform its agreements under this Agreement and the Supplement (other than the obligations on the part of Lessee contained in Part 6 hereof) Lessee shall not be in default during the continuance of such inability. The term "force majeure" as used herein shall mean the following: acts 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 of the State or any of their departments, agencies or officials, or any civil or military authority; insurrections, riots, landslides, earthquakes, fires, storms, droughts, floods, explosions, breakage or accident to machinery, transmission pipes or canals; or any other cause or event not reasonably within the control of Lessee. A Nonappropriation Event is not an Event of Default. 13.2 Remedies on Default. Whenever any Event of Default exists with respect to a Supplement, Lessor shall have the right, at its sole option without any further demand or notice, to take one or any combination of the following remedial steps: (a) Without terminating the Supplement, and by written notice to Lessee, Lessor may declare all Lease Payments and other amounts payable by Lessee thereunder to the end of the then current budget year of Lessee to be due, including without limitation delinquent Lease Payments under the Supplement from prior budget years, and such amounts shall thereafter bear interest at the rate of 12% per annum or the maximum rate permitted by applicable law, whichever is less; (b) Lessor may terminate the Supplement, may enter the premises where the Property subject to the Supplement is located and retake possession of the Equipment and require Lessee to discontinue use of any Financed Items, or require Lessee, at Lessee’s expense, to promptly return any or all of the Equipment to the possession of Lessor at such place within the United States as Lessor shall specify and require Lessee to discontinue use of any Financed Items, and Lessor may thereafter dispose of the Property in accordance with Article 9 of the Uniform Commercial Code in effect in the State; provided, however, that any proceeds from the disposition of the property in excess of the sum required to (i) pay off any outstanding principal component of Lease Payments, (ii) pay any other amounts then due under the Supplement, and (iii) pay Lessor’s costs and expenses associated with the disposition of the Property (including attorneys fees), shall be paid to Lessee or such other creditor of Lessee as may be entitled thereto, and further provided that no deficiency shall be allowed against Lessee. Lessee shall confirm and state in writing to Lessor that it has: (1) deleted or disabled all files and copies of the software from the equipment on which it was installed; (2) returned all software documentation, training manuals, and physical media on which the software was delivered; and (3) has no ability to use the returned software; (c) By written notice to any escrow agent who is holding proceeds of the Supplement, Lessor may instruct such escrow agent to release all such proceeds and any earnings thereon to Lessor, such sums to be credited to payment of Lessee’s obligations under the Supplement; (d) Lessor may take any action, at law or in equity, that is permitted by applicable law and that may appear necessary or desirable to enforce or to protect any of its rights under the Supplement and this Agreement. 13.3 No Remedy Exclusive. No remedy herein conferred upon or reserved to Lessor is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Lease now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right or power may be exercised from time to time and as often as may be deemed expedient. In order to entitle Lessor to exercise any remedy reserved to it in this Part it shall not be necessary to give any notice, other than such notice as may be required in this Part. 13.4 Costs and Attorney Fees. Upon the occurrence of an Event of Default by Lessee in the performance of any term of this Agreement, Lessee agrees to pay to Lessor or reimburse Lessor for, in addition to all other amounts due hereunder, all of Lessor’s costs of collection, including reasonable attorney fees, whether or not suit or action is filed thereon. Any such costs shall be immediately due and payable upon written notice and demand given to Lessee, shall be secured by this Agreement until paid and shall bear interest at the rate of 12% per annum or the maximum amount permitted by law, whichever is less. In the event suit or action is instituted to enforce any of the terms of this Agreement, the prevailing party shall be entitled to recover from the other party such sum as the court may adjudge reasonable as attorneys, fees at trial or on appeal of such suit or action or in any bankruptcy proceeding, in addition to all other sums provided by law. Part 14 — General 14.1 Notices. All notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed given when delivered or mailed by certified mail, postage prepaid, to the parties hereto at the addresses immediately after the signatures to this Agreement (or at such other address as either party hereto shall designate in writing to the other for notices to such party), to any assignee at its address as it appears on the registration books maintained by Lessee. 14.2 Arbitrage Certifications. Lessee shall be deemed to make the following representations and covenants as of the Commencement Date for each Supplement: (a) The estimated total costs, including taxes, freight, installation, cost of issuance, of the Financed Items under the Supplement will not be less than the total principal amount of the Lease Payments. (b) Lessee has not created or established, and does not expect to create or establish, any sinking fund or other similar fund (i) that is reasonably expected to be used to pay the Lease Payments under the Supplement, or (ii) that may be used solely to prevent a default in the payment of the Lease Payments under the Supplement. (c) The Property under the Supplement has not been and is not expected to be sold or otherwise disposed of by Lessee, either in whole or in major part, prior to the last maturity of the Lease Payments under the Supplement. (d) There are no other obligations of Lessee which (i) are being sold within 15 days of the Commencement Date of the Supplement; (ii) are being sold pursuant to the same plan of financing as the Supplement; and (iii) are expected to be paid from substantially the same source of funds. (e) The officer or official who has executed the Supplement on Lessee’s behalf is familiar with Lessee’s expectations regarding this Section 14.2. To the best of Lessee’s knowledge, information and belief, the facts and estimates set forth in herein are accurate and the expectations of Lessee set forth herein are reasonable. 14.3 Further Assurances. Lessee agrees to execute such other and further documents, including, without limitation, confirmatory financing statements, continuation statements, certificates of title and the like, and to take all such action as may be necessary or appropriate, from time to time, in the reasonable opinion of Lessor, to perfect, confirm, establish, reestablish, continue, or complete the interests of Lessor in this Agreement and the Supplements, to consummate the transactions contemplated hereby and thereby, and to carry out the purposes and intentions of this Agreement and the Supplements. 14.4 Binding Effect. This Agreement shall inure to the benefit of and shall be binding upon Lessor and Lessee and their respective successors and assigns. Any county, township, municipality, political subdivision or affiliate (collectively, "Affiliate") of Lessee may enter into a Financing Transaction under this Agreement by signing a Supplement referencing this Agreement and so will be bound to the terms and conditions of this Agreement as Lessee. Nothing in this Agreement obligates the Lessor to provide financing to an Affiliate 14.5 Severability. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 14.6 Waiver of Jury Trials. Lessee and Lessor hereby irrevocably waive all right to trial by jury in any action, proceeding or counterclaim (whether based on contract, tort or otherwise) arising out of or relating to this Agreement or the actions of Lessor or Lessee in the negotiation, administration, performance or enforcement hereof, unless prohibited by law. 14.7 Amendments. Changes and Modifications. This Agreement may be amended in writing by Lessor and Lessee to the extent the amendment or modification does not apply to outstanding Supplements at the time of such amendment or modification 14.8 Execution in Counterparts. This Agreement and the Supplements hereunder may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 14.9 Applicable Law. This Agreement shall be governed by and construed Key Government Finance, Inc. Lease/Purchase Master Agreement For State and Local Government KEYCORP CONFIDENTIAL - This is counterpart # _____ of _____ manually executed counterparts. Only counterpart # 1 constitutes chattel paper in accordance with the laws of the State. 14.10 Captions. The captions or headings in this Agreement are for convenience only and in no way define, limit or describe the scope or intent of any provisions or sections of this Agreement. 14.11 Continuing Disclosure. Lessor acknowledges that, in connection with Lessee’s compliance with any continuing disclosure undertakings (each, a “Continuing Disclosure Agreement”) entered into by Lessee pursuant to SEC Rule 15c2-12 promulgated pursuant to the Securities and Exchange Act of 1934, as amended (the “Rule”), Lessee may be required to file with the Municipal Securities Rulemaking Board’s Electronic Municipal Market Access system, or its successor (“EMMA”), notice of its incurrence of its obligations under this Agreement and notice of any accommodation, waiver, amendment, modification of terms or other similar events reflecting financial difficulties in connection with this Agreement, in each case including a description of the material terms thereof (each such notice, an “EMMA Notice”). Lessee shall not file or submit or permit the filing or submission of any EMMA Notice that includes any of the following unredacted information regarding Lessor or the Escrow Agent: physical or mailing addresses, account information, e-mail addresses, telephone numbers, fax numbers, tax identification numbers, or titles or signatures of officers, employees or other signatories. Lessee acknowledges and agrees that Lessor is not responsible in connection with any EMMA Notice relating to this Agreement for Lessee’s compliance or noncompliance (or any claims, losses or liabilities arising therefrom) with the Rule, any Continuing Disclosure Agreement or any applicable securities laws, including but not limited to those relating to the Rule. Key Government Finance, Inc. Lease/Purchase Master Agreement For State and Local Government KEYCORP CONFIDENTIAL - This is counterpart # _____ of _____ manually executed counterparts. Only counterpart # 1 constitutes chattel paper Key Government Finance, Inc. 1000 S. McCaslin Blvd. Superior, CO 80027 ADDENDUM TO LEASE/PURCHASE MASTER AGREEMENT Lessor and Augusta, Georgia (Lessee) agree that for the purposes of the Lease/Purchase Master Agreement between the parties is hereby modified as follows: Part 3 - Lessee’s Covenants - − the first sentence is deleted in its entirety and replaced with the following: "As of the Commencement Date for each Supplement executed and delivered hereunder, Lessee shall be deemed to represent and agree for the benefit of Lessor as follows:"; − in subsection (a) the second sentence is deleted in its entirety; − in subsection (b) the second sentence phrase "as a condition to such merger" is deleted in its entirety; − in subsection (f) the second sentence phrase "Lessee covenants and agrees" is deleted in its entirety and replaced with the following: “Lessee represents and agrees”. Section 4.2 - Lease Term - is deleted in its entirety and replaced with the following: "(a) The term of each Lease or Financing Transaction shall commence on the Commencement Date set forth therein and shall terminate absolutely and without further obligation on the part of Lessee at the close of the calendar year in which the Supplement was executed, and at the close of the calendar year for each additional term for which it may be renewed pursuant to the Supplement or the Master Agreement, as modified and supplemented by this Addendum; and (b) Lessee shall have the option, to renew any Lease or Financing Transaction upon the same terms and conditions for additional periods of one calendar year each (for up to four (4) years) by providing Lessor written notice of the renewal decision at least ninety (90) days prior to the expiration of the initial term or renewal term. Lessor and Lessee anticipate and agree that only upon the occurrence of a nonappropriation event will Lessee not renew any Lease or Financing Transaction. The Payment Schedule attached to the Supplement states the total obligation of Lessee for the calendar year of execution of each Lease and each calendar year renewal term." Section 4.3 - Delivery, Installation and Acceptance of Property - the first sentence is deleted in its entirety and replaced with the following: "Lessee shall order the Property, shall cause the Property to be delivered and installed at the locations specified in the applicable Supplement, and shall be responsible for all costs, if any, in connection therewith. Lessor will not be responsible for any costs in connection with the delivery, installation or acceptance of the Property by Lessee." Section 6.2 - Payment of Lease Payments - the second and third sentences shall be deleted in their entirety; Section 7.1 - Title to the Property - the first sentence is deleted in its entirety and replaced with the following: "Upon acceptance of the Equipment by Lessee, title to the Equipment shall vest directly in Lessee from the Supplier. In the event the transaction is not fully consummated, Lessee shall transfer title to Lessor as provided by O.C.G.A. Sec. 50-5-65(b)." Section 8.2 - Liens, Taxes, Other Governmental Charges and Utility Charges - in the fifth sentence after "respect to the Property" insert "(except on income of Lessor)". Section 8.3 - Insurance - the following sentences shall be deleted in their entirety: "All such liability insurance shall name Lessor as an additional insured. All such casualty insurance shall contain a provision making any losses payable to Lessor and Lessee as their respective interests may appear." Section 8.4 - Advances - shall be deleted in its entirety. Section 12.1 - Assignment by Lessor - the first sentence is deleted in its entirety and replaced with the following: "Lessor’s right, title and interest in, to and under each Supplement and the Property under such Supplement may be assigned and reassigned in whole or in part to one or more assignees or subassignees by Lessor with the consent of Lessee, which shall not be unreasonably withheld; provided that any assignment shall not be effective against the Lessee until Lessee has received written notice, signed by the assignor, of the name, address and tax identification number of the assignee." Section 12.3 - Assignment and Subleasing by Lessee - the second sentence is deleted in its entirety and replaced with the following: "Any request by Lessee to assign a Supplement or any Property thereunder must be accompanied by a letter from Lessee s counsel, satisfactory to Lessor, representing that the assignment will cause no material change to the federal income tax treatment of the amounts payable as interest under the Supplement." Section 12.4 - Risk of Loss Covenants - is deleted in its entirety and replaced with the following: "Lessee shall not be required to indemnify or hold Lessor harmless against liabilities arising from the Agreement. However, as between Lessor and Lessee, and to the extent permitted by law, Lessee shall be responsible for Lessee’s own negligence and all claims, liabilities, proceedings, actions, expenses, damages or losses arising under or related to the Property, including, but not limited to, the possession, ownership, lease, use or operation thereof, resulting from the actions or inactions of Lessee’s officers, agents or employees, except that (provided that Lessee has complied with its obligations under Section 10.3) Lessee shall not bear the risk of loss of, nor pay for, Key Government Finance, Inc. Lease/Purchase Master Agreement For State and Local Government KEYCORP CONFIDENTIAL - This is counterpart # _____ of _____ manually executed counterparts. Only counterpart # 1 constitutes chattel paper any claims, liabilities, proceedings, actions, expenses, damages or losses that arise directly from events occurring after Lessee has surrendered possession of the Property in accordance with the terms of the Agreement to Lessor or that arise directly from the negligence or willful misconduct of the Lessor." Section 13.2 - Remedies on Default - in subsection (a) after the phrase "prior budget years" delete the remainder of the sentence." Section 13.4 - Costs and Attorney Fees - the paragraph shall be deleted in its entirety. Section 14.2 - Arbitrage Certifications – - the first sentence is deleted in its entirety and replaced with the following: "Lessee shall be deemed to make the following representations and agrees that as of the Commencement Date for each Supplement:"; - in subsection (a), delete "taxes,". Section 14.3 - Further Assurances - in the first sentence the phrase "may be necessary or appropriate" is deleted in its entirety and replaced with the following: "may be reasonably necessary or appropriate" Section 14.9 - Applicable Law - the paragraph shall be deleted in its entirety and replaced with the following: "This Agreement shall be governed by and construed in accordance with the laws of the State, in a court of competent jurisdiction within Richmond County, Georgia." Agreed to: Lessee: Augusta, Georgia By____________________________________ Authorized Signature Title: __________________________________ Date: _________________________________ Agreed to: Lessor: Key Government Finance, Inc. By____________________________________ Authorized Signature Title: __________________________________ Date: _________________________________ KEYCORP CONFIDENTIAL - This is counterpart # _____ of _____ manually executed counterparts. Only counterpart # 1 constitutes chattel paper DATE OF LEASE-PURCHASE MASTER AGREEMENT: December 9, 2019 LEASE/PURCHASE SUPPLEMENT NO.: 1 DATE OF LEASE/PURCHASE SUPPLEMENT: December 9, 2019 (“COMMENCEMENT DATE”) FULL LEASE TERM: 60 Months From the Commencement Date 1. DESCRIPTION OF THE EQUIPMENT: SUPPLIER QUANTITY DESCRIPTION OF SERIAL NUMBERS* UNITS OF EQUIPMENT (IF AVAILABLE) See Equipment Description attached hereto and made a part hereof together with all accessories, attachments, substitutions, and accessions. 2. EQUIPMENT LOCATION: 535 Telfair Street, Building 2000 Augusta, GA 30901 3. The Lease Payments shall be made for the Equipment as follows: Prepayment/Purchase Option Date Payment Interest Principal Price** See Payment Schedule attached hereto and made a part hereof. 4. For purposes of this Lease, “State” means the State of Georgia. 5. Lessee’s current Fiscal Period extends from __________________ to _____________________. 6. The terms and provisions of the Lease/Purchase Master Agreement described above (other than to the extent that they relate solely to other Supplements or Equipment listed on other Supplements) are hereby incorporated into this Supplement by reference and made a part hereof. 7. Lessee hereby represents, warrants and covenants that its representations, warranties and covenants set forth in such Lease/Purchase Master Agreement (particularly Section 3 thereof) are true and correct as though made on the date of execution of this Lease/Purchase Supplement. Augusta, Georgia as Lessee Key Government Finance, Inc. as Lessor By ______________________________________________ By ______________________________________________ Printed Name: _____________________________________ Printed Name: _____________________________________ Title: ____________________________________________ Title: ____________________________________________ _______________________ *Lessee authorizes Lessor to insert serial numbers and additional description details of Equipment when determined by Lessor as provided in Lease/Purchase Master Agreement. **Assumes all Lease Payments and Additional Payments due on and prior to that date have been paid. Counterpart No. 1 of 1 manually executed and serially numbered counterparts. To the extent that this Lease constitutes chattel paper (as defined in the Uniform Commercial Code), no security interest herein may be created through the transfer or possession of any Counterpart other than Counterpart No. 1. KEYCORP CONFIDENTIAL - This is counterpart # _____ of _____ manually executed counterparts. Only counterpart # 1 constitutes chattel paper Augusta, Georgia PAYMENT SCHEDULE Lease/Purchase Supplement No. 1 The financing table below is net of the special financing promotion payment from Cisco Systems, Inc. in the amount of $64,572.32. This payment will be made by Cisco to Lessor. Lessee is responsible for any and all taxes associated with this initial payment. PAYMENT NO. PAYMENT DUE DATE PAYMENT BY CISCO PAYMENT PRINCIPAL INTEREST PREPAYMENT/ PURCHASE OPTION PRICE* 1 12/9/2019 $64,572.32 $0.00 $64,572.32 $0.00 $1,001,039.16 2 1/9/2020 $213,122.30 $210,544.62 $2,577.68 $790,494.54 3 1/9/2021 $213,122.30 $188,696.01 $24,426.28 $601,798.53 4 1/9/2022 $213,122.30 $194,526.72 $18,595.57 $407,271.81 5 1/9/2023 $213,122.30 $200,537.60 $12,584.70 $206,734.21 6 1/9/2024 $213,122.30 $206,734.21 $6,388.09 $0.00 ______________________________ *Assumes all Lease Payments and Additional Payments due on and prior to that date have been paid. KEYCORP CONFIDENTIAL - This is counterpart # _____ of _____ manually executed counterparts. Only counterpart # 1 constitutes chattel paper EQUIPMENT DESCRIPTION Equipment as described in DISYS Solutions Inc. Quote #11152019 dated November 15, 2019 (inserted below), referred to and incorporated herein by this reference. ITEM # PRODUCT DESCRIPTION QTY DC Core switch with fiber channel N5K-C5672UP Nexus 5672UP 1RU, 32x10G SFP+, 16pxUP SFP+, 6x40G QSFP+ 2 CON-SSSNT-5672UP SOLN SUPP 8X5XNBD Nexus 5672UP 1RU, 32x10G SFP+, 16pxUP SFP+ 2 CAB-9K12A-NA Power Cord, 125VAC 13A NEMA 5-15 Plug, North America 4 N5672-ACC-KIT Nexus 5672 Chassis Accessory Kit 2 N6KUK9-710N1.1B Nexus 5600/6000 Base OS Software Rel 7.1(0)N1(1b) 2 N56-BAS1K9 Nexus 5600 Series LAN Base License 2 N56-LAN1K9-P Limited Time Promotion for Nexus 5600 Series LAN Enterprise 2 N56-16P-SSK9 Nexus 5600 Series 16 Port Storage License 2 NXA-PAC-1100W-B Nexus 1100W Platinum PS, Port side intake airflow 4 N6K-C6001-FAN-B Nexus 6001 Fan for Port Side Intake (Back to Front) airflow 6 N1K-VLCPU-96-ESSTL Nexus 1000V Essential Edition Paper Delivery License Qty 96 2 SFP-H10GB-CU3M 10GBASE-CU SFP+ Cable 3 Meter 2 QSFP-H40G-CU5M= 40GBASE-CR4 Passive Copper Cable, 5m 2 QSFP-H40G-CU3M= 40GBASE-CR4 Passive Copper Cable, 3m 1 DC Access FEX N2K-C2348TQ-E Nexus 2000, 10GT FEX; 48x1/10T; 6x40G QSFP 4 CON-SNT-C2348TQE SNTC-8X5XNBD Nexus 2000, 10GT FEX 4 CAB-9K12A-NA Power Cord, 125VAC 13A NEMA 5-15 Plug, North America 8 N2200-PAC-400W-SN N2200-PAC-400W Power Supply - Service Specific 8 NXA-FAN-30CFM-F-SN Service Specific - Fan 12 N2348TQ-E-FA-BUN Standard airflow pack: N2K-C2348TQ-E, 2AC PS, 3 Fan 4 CON-SNT-48TQEFA SNTC-8X5XNBD Standard airflow pac 4 CVR-QSFP-SFP10G QSFP to SFP10G adapter 8 SFP-10G-SR-S= 10GBASE-SR SFP Module, Enterprise-Class 16 Distribution switches - No 100G ports KEYCORP CONFIDENTIAL - This is counterpart # _____ of _____ manually executed counterparts. Only counterpart # 1 constitutes chattel paper C9500-16X-A Catalyst 9500 16-port 10Gig switch, Advantage 14 CON-SSSNT-C95K16XA SOLN SUPP 8X5XNBD Catalyst 9500 16-por 14 C9500-NW-A C9500 Network Stack, Advantage 14 PWR-C4-950WAC-R 950W AC Config 4 Power Supply front to back cooling 14 PWR-C4-950WAC-R/2 950W AC Config 4 Power Supply front to back cooling 14 CAB-TA-NA North America AC Type A Power Cable 28 C9500-NM-BLANK Catalyst 9500 network module blank cover 14 S9500UK9-169 UNIVERSAL 14 C9500-DNA-16X-A C9500 DNA Advantage, Term licenses 14 C9500-DNA-L-A-5Y DNA Advantage 5 Year License 14 NETWORK-PNP-LIC Network Plug-n-Play License for zero-touch device deployment 14 Distribution Switches with 100G uplink ports C9500-24Y4C-A Catalyst 9500 24x1/10/25G and 4-port 40/100G, Advantage 6 CON-SSSNT-C95024YA SOLN SUPP 8X5XNBD Catalyst 9500 24-port 25/100G only, Adva 6 C9500-NW-A C9500 Network Stack, Advantage 6 S9500UK9-169 UNIVERSAL 6 C9K-PWR-650WAC-R 650W AC Config 4 Power Supply front to back cooling 6 C9K-PWR-650WAC-R/2 650W AC Config 4 Power Supply front to back cooling 6 CAB-9K12A-NA Power Cord, 125VAC 13A NEMA 5-15 Plug, North America 12 C9K-F1-SSD-BLANK Cisco pluggable SSD storage 6 C9500-DNA-24Y4C-A C9500 DNA Advantage, Term License 6 C9500-DNA-L-A-5Y DNA Advantage 5 Year License 6 NETWORK-PNP-LIC Network Plug-n-Play License for zero-touch device deployment 6 SFP-H10GB-CU3M= 10GBASE-CU SFP+ Cable 3 Meter 30 DNAC and 2 x Switches SDA-W-LABKIT Customer Lab Kit 1 DN2-HW-APL Cisco DNA Center Appliance (Gen 2) - 44 Core 1 CON-SSSNT-DN2HWPL SOLN SUPP 8X5XNBD DNA Center Appliance (Gen 2) 1 DNA-SW-1.2 Cisco DNA Center SW 1.2 1 CAB-9K12A-NA Power Cord, 125VAC 13A NEMA 5-15 Plug, North America 2 SFP-H10GB-CU3M 10GBASE-CU SFP+ Cable 3 Meter 2 DN2-CPU-6152 2.1 GHz 6152/140W 22C/30.25MB Cache/DDR4 2666MHz 2 DN2-MR-X32G2RS-H 32GB DDR4-2666-MHz RDIMM/PC4-21300/dual rank/x4/1.2v 8 DN2-PCIE-ID10GF Intel X710-DA2 dual-port 10G SFP+ NIC 1 DN2-PSU1-770W Cisco UCS 770W AC Power Supply for Rack Server 2 DN2-SD-64G-S 64GB SD Card for UCS Servers 1 DN2-SD19TM1X-EV 1.9TB 2.5 inch Enterprise Value 6G SATA SSD 8 DN2-TPM2-002 Trusted Platform Module 2.0 for UCS servers 1 DN2-RAID-M5 Cisco 12G Modular RAID controller with 2GB cache 1 DN2-MSTOR-SD Mini Storage Carrier for SD (holds up to 2) 1 DN2-SD480GM1X-EV 480 GB 2.5 inch Enterprise Value 6G SATA SSD 2 DN2-PCIE-IQ10GF Intel X710 quad-port 10G SFP+ NIC 1 C9300-24U-A Catalyst 9300 24-port UPOE, Network Advantage 2 KEYCORP CONFIDENTIAL - This is counterpart # _____ of _____ manually executed counterparts. Only counterpart # 1 constitutes chattel paper CON-SSSNT-C93002UA SOLN SUPP 8X5XNBD Catalyst 9300 24-port UPOE, Network Adva 2 C9300-NW-A-24 C9300 Network Advantage, 24-port license 2 S9300UK9-166 CAT9300 Universal image 2 PWR-C1-1100WAC-P 1100W AC 80+ platinum Config 1 Power Supply 2 PWR-C1-1100WAC-P/2 1100W AC 80+ platinum Config 1 Secondary Power Supply 2 CAB-TA-NA North America AC Type A Power Cable 4 SSD-120G Cisco pluggable USB3.0 SSD storage 2 STACK-T1-50CM 50CM Type 1 Stacking Cable 2 CAB-SPWR-30CM Catalyst Stack Power Cable 30 CM 2 C1A1TCAT93001 DNA Premier Term, C9300 24-Port 2 C1A1TCAT93001-5Y DNA Premier Term C9300 24P 5Y-DNA, 25 ISE PLS, 25 SWATCH 2 C1-C9300-24-DNAA-T Cisco ONE C9300 DNA Advantage 24-Port Term licenses 2 C1-C9300-TRK-5Y Cisco ONE Subscription SKU 5Y 2 C1-ISE-BASE-T Cisco ONE ISE BASE License Term 50 C1-ISE-BASE-TRK-5Y Cisco ONE Subscription ISE BASE 5Y 50 C1-ISE-PLS-T Cisco ONE ISE PLUS License Term 50 C1-ISE-PLS-TRK-5Y Cisco ONE Subscription SKU ISE Plus 5Y 50 C1-SWATCH-T Cisco ONE StealthWatch License Term - 1 Flow License 50 C1-SWATCH-TRK-5Y Cisco ONE Subscription SWATCH SKU 5Y 50 C9300-NM-8X Catalyst 9300 8 x 10GE Network Module 2 NETWORK-PNP-LIC Network Plug-n-Play License for zero-touch device deployment 2 40G SFP's QSFP-40G-LR4-S= QSFP 40GBASE-LR4 Trnscvr Mod, LC, 10km, Enterprise-Class 6 Voice Servers BE7M-M5-K9 Cisco Business Edition 7000M (M5) Appliance, Export Restr SW 2 CON-SNT-BE7MM5K9 SNTC-8X5XNBD Cisco Business Edition 7000M (M5) Applia 2 BE7K-PSU Cisco UCS 1050W AC Power Supply for Rack Server 4 BE7K-NIC1 Intel i350 Quad Port 1Gb Adapter 4 BE7K-PCIERISER Riser 1B incl 3 PCIe slots (x8, x8, x8); all slots from CPU1 2 BE7K-RAIDCTRLR Cisco 12G Modular RAID controller with 4GB cache 2 BE7K-DISK 300GB 12G SAS 10K RPM SFF HDD 28 R2XX-RAID5 Enable RAID 5 Setting 2 BE7K-RAM 16GB DDR4-2666-MHz RDIMM/PC4-21300/single rank/x4/1.2v 12 BE7K-CPU 2.6 GHz 6132/140W 14C/19.25MB Cache/DDR4 2666MHz 2 VIRT-LIC-NONE Do not factory-load a virtualization software license 2 CAB-9K12A-NA Power Cord, 125VAC 13A NEMA 5-15 Plug, North America 4 BE7H-M5-K9 Cisco Business Edition 7000H (M5) Appliance, Export Restr SW 1 CON-SNT-BE79M5KH SNTC-8X5XNBD Cisco Business Edition 7000H (M5) Applia 1 BE7K-PSU Cisco UCS 1050W AC Power Supply for Rack Server 2 BE7K-NIC1 Intel i350 Quad Port 1Gb Adapter 2 BE7K-PCIERISER Riser 1B incl 3 PCIe slots (x8, x8, x8); all slots from CPU1 1 BE7K-RAIDCTRLR Cisco 12G Modular RAID controller with 4GB cache 1 BE7K-DISK 300GB 12G SAS 10K RPM SFF HDD 24 R2XX-RAID5 Enable RAID 5 Setting 1 KEYCORP CONFIDENTIAL - This is counterpart # _____ of _____ manually executed counterparts. Only counterpart # 1 constitutes chattel paper BE7K-RAM 16GB DDR4-2666-MHz RDIMM/PC4-21300/single rank/x4/1.2v 12 BE7K-CPU 2.6 GHz 6132/140W 14C/19.25MB Cache/DDR4 2666MHz 2 VIRT-LIC-NONE Do not factory-load a virtualization software license 1 CAB-9K12A-NA Power Cord, 125VAC 13A NEMA 5-15 Plug, North America 2 VMW-VSP-STD-5A= VMware vSphere 6 Standard (1 CPU), 5-yr, Support Required 4 CON-ISV1-VSXSTD5A VSphere Standard for 1 CPU; ANNUAL List 5-YR Reqd 4 UCS-VMW-TERMS Acceptance of Terms, Standalone VMW License for UCS Servers 4 Wireless MR45-HW Meraki MR45 Cloud Managed AP 150 LIC-ENT-5YR Meraki MR Enterprise License, 5YR 150 FW's MX68-HW Meraki MX68 Router/Security Appliance 48 LIC-MX68-SEC-5YR Meraki MX68 Advanced Security License and Support, 5YR 48 TRN-CLC-001 100 Training credit. Expires in 1 yr. Team Captain required 3 DSI Professional Services DSI Professional Services Onsite Configuration, Installation, Migration, Day 2 support and Training by CCIE R&S and Datacenter Engineer and CCIE Voice Engineer 1 Exhibit A-1 (To LEASE/PURCHASE SUPPLEMENT No. 1) KEYCORP CONFIDENTIAL - This is counterpart # _____ of _____ manually executed counterparts. Only counterpart # 1 constitutes chattel paper CERTIFICATE OF ACCEPTANCE The undersigned, as Lessee under that certain LEASE/PURCHASE MASTER AGREEMENT dated as of December 9, 2019 (the "Agreement") which is incorporated by reference into that certain LEASE/PURCHASE SUPPLEMENT No. 1 dated as of December 9, 2019 (the "Lease"), each with KEY GOVERNMENT FINANCE, INC. as lessor ("Lessor"), hereby certifies: 1. The items of the Equipment identified in the Lease (the "Equipment") have been delivered and installed at the location(s) set forth therein. 2. A present need exists for the Equipment which need is not temporary or expected to diminish in the near future. The Equipment is essential to and will be used by Lessee only for the purpose of performing one or more governmental functions of Lessee consistent with the permissible scope of Lessee’s authority. 3. The estimated useful life of the Equipment based upon the manufacturer’s representations and Lessee’s projected needs is not less than the term of lease with respect to the Equipment. 4. Lessee has conducted such inspection and/or testing of the Equipment as it deems necessary and appropriate and hereby acknowledges that it accepts the Equipment for all purposes as of the date of this Certificate. 5. The Equipment is covered by insurance in the types and amounts required by the Lease. 6. No event of default, as such term is defined in the Lease, and no event which with the giving of notice or lapse of time, or both, would become an event of default, has occurred and is continuing on the date hereof. 7. Sufficient funds have been appropriated by Lessee for the payment of all Lease Payments due under the Lease during Lessee’s current fiscal year. 8. Based on the foregoing, Lessor is hereby authorized and directed to fund the acquisition of the Equipment set forth in the Lease by paying, or causing to be paid, the manufacturer(s)/vendor(s) the amounts set forth on the attached invoices. 9. The following documents are attached hereto and made a part hereof: (a) Equipment List; (b) Original Invoice(s); and (c) Copies of Certificate(s) of Origin, when applicable, designating Lessor as lienholder if any part of the Equipment consists of motor vehicles, and evidence of filing. If Lessee paid an invoice prior to the commencement date of the Lease and is requesting reimbursement for such payment, also attach a copy of evidence of such payment together with a copy of Lessee’s Declaration of Official Intent and other evidence that Lessee has satisfied the requirements for reimbursement set forth in Treas. Reg. 1.150-2. Augusta, Georgia as Lessee By ________________________________ Name: _____________________________ Title: ______________________________ Date: ______________________________ Exhibit A-2 (To LEASE/PURCHASE SUPPLEMENT No. 1) KEYCORP CONFIDENTIAL - This is counterpart # _____ of _____ manually executed counterparts. Only counterpart # 1 constitutes chattel paper [ATTACH I.R.S. FORM 8038-G OR 8038-GC, AS APPROPRIATE] EXHIBIT A-3 (To LEASE/PURCHASE SUPPLEMENT No. 1) KEYCORP CONFIDENTIAL - This is counterpart # _____ of _____ manually executed counterparts. Only counterpart # 1 constitutes chattel paper [ATTACH COPY OF LESSEE CERTIFICATE, THE ORIGINAL OF WHICH IS ATTACHED TO THE LEASE/PURCHASE MASTER AGREEMENT AS EXHIBIT B.] . EXHIBIT A-4 (To LEASE/PURCHASE SUPPLEMENT No. 1) KEYCORP CONFIDENTIAL - This is counterpart # _____ of _____ manually executed counterparts. Only counterpart # 1 constitutes chattel paper [ATTACH COPY OF OPINION OF LESSEE’S COUNSEL, THE ORIGINAL OF WHICH IS ATTACHED TO THE LEASE/PURCHASE MASTER AGREEMENT AS EXHIBIT C.] EXHIBIT A-5 (To LEASE/PURCHASE SUPPLEMENT No. 1) KEYCORP CONFIDENTIAL - This is counterpart # _____ of _____ manually executed counterparts. Only counterpart # 1 constitutes chattel paper SEE LESSEE INFORMATION/ESSENTIAL USE CERTIFICATE ATTACHED HERETO AND MADE A PART HEREOF. EXHIBIT A-6 (To LEASE/PURCHASE SUPPLEMENT No. 1) KEYCORP CONFIDENTIAL - This is counterpart # _____ of _____ manually executed counterparts. Only counterpart # 1 constitutes chattel paper INSURANCE CERTIFICATE FOR GENERAL LIABILITY AND PROPERTY WILL BE PROVIDED BY LESSEE’S RISK MANAGEMENT CIO. EXHIBIT A-7 (To LEASE/PURCHASE SUPPLEMENT No. 1) KEYCORP CONFIDENTIAL - This is counterpart # _____ of _____ manually executed counterparts. Only counterpart # 1 constitutes chattel paper (To LEASE/PURCHASE SUPPLEMENT No. 1) — (IF APPLICABLE) BANK-QUALIFIED DESIGNATION Augusta, Georgia, as lessee (the "Lessee"), under Lease/Purchase Supplement No. 1 to which this Designation is attached, hereby designates Lease/Purchase Supplement No. 1 as a "qualified tax-exempt obligation" for the purposes and within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. The Lessee hereby represents that the Lessee reasonably anticipates that the Lessee and other entities that the Lessee controls will not issue tax-exempt obligations (including Lease/Purchase Supplement No. 1 that exceed the aggregate principal amount of $10,000,000 during the calendar year in which Lease/Purchase Supplement No. 1 is executed and delivered and interest commences to accrue thereunder. This Designation is attached to and made a part of Lease/Purchase Supplement No. 1. EXECUTED on December 9, 2019 Augusta, Georgia, as Lessee Signature:______________________________________________ Printed Name: __________________________________________ Title:___________________________________________________ EXHIBIT A-8 (To LEASE/PURCHASE SUPPLEMENT No. 1) KEYCORP CONFIDENTIAL - This is counterpart # _____ of _____ manually executed counterparts. Only counterpart # 1 constitutes chattel paper (To LEASE/PURCHASESUPPLEMENT No. 1) [Attach Form UCC-1 With Attachment] EXHIBIT B (To LEASE/PURCHASE SUPPLEMENT No. 1) KEYCORP CONFIDENTIAL - This is counterpart # _____ of _____ manually executed counterparts. Only counterpart # 1 constitutes chattel paper Lessee’s Certificate Re: Lease Purchase Supplement No. 1 dated December 9, 2019 to Lease/Purchase Master Agreement dated December 9, 2019 between Key Government Finance, Inc. ("Lessor") and Augusta, Georgia ("Lessee"). The undersigned, being the duly elected, qualified and acting ________________________________ of Augusta, Georgia ("Lessee") do hereby certify, as of _____________________ as follows: 1. Lessees did, at a meeting of the governing body of Lessee held on ____________ 20___, by resolution or ordinance duly enacted, in accordance with all requirements of law, approve and authorize the execution and delivery of the above-referenced Lease/Purchase Supplement and any related documents entered into pursuant to the Lease/Purchase Master Agreement (the "Lease/Purchase Supplement") by the following named representative of Lessee to wit: NAME OF EXECUTING OFFICIAL TITLE OF EXECUTING OFFICIAL SIGNATURE OF EXECUTING OFFICIAL And/Or 2. The above-named representative of the Lessee held at the time of such authorization and holds at the present time the office set forth above. 3. Lessee’s governing body has approved and authorized the execution and delivery of the Lease Purchase Supplement, which authorization has not been altered or rescinded in accordance with the State’s Purchasing Act. 4. No event or condition that constitutes, or with the giving of notice or the lapse of time or both would constitute, an Event of Default or an Event of Nonappropriation (as such terms are defined in the Lease/Purchase Master Agreement (the "Master Agreement") exists at the date hereof with respect to this Lease/Purchase Supplement or any other Lease/Purchase Supplements under the Master Agreement. 5. The acquisition of all of the Property under the Lease/Purchase supplement has been duly authorized by the governing body of Lessee. 6. Lessee has, in accordance with the requirements of law, fully budgeted and appropriated sufficient funds for the current budget year to make the Lease Payments scheduled to come due during the current budget year under the Lease/Purchase Supplement and to meet its other obligations for the current budget year and such funds have not been expended for other purposes. 7. Lessee represents and warrants that the Property is essential to the proper, efficient and economic functioning of Lessee or to the services that Lessee provides; and Lessee has immediate need for and expects to make immediate use of substantially all of the Property, which need is not temporary or expected to diminish in the foreseeable future. 8. Bank Qualified Tax-Exempt Obligation under Section 265 (consult tax counsel for applicable provisions.) _______Lessee hereby designates this Lease/Purchase Supplement as a "qualified tax-exempt obligation: as defined in Section 265(b)(3)( B) of the Code. Lessee reasonably anticipates issuing tax-exempt obligations (excluding private activity bonds other than qualified 501(c)(3) bonds and including all tax-exempt obligations of subordinate entities of the Lessee) during the calendar year in which the Commencement Date of this Lease/Purchase Supplement falls, in an amount not exceeding $10,000,000. Or _______ Not Applicable 9. Has Lessee ever terminated a lease or financing contract prior to the expiration of its term (including all permitted renewal terms) due to nonappropriation or other provision permitting Lessee to terminate in Lessee’s discretion? Yes ________ No. ________ If yes, then please describe the circumstances of such termination: ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ 10. As of the date hereof, no litigation is pending, (or, to my knowledge, threatened) against Lessee In any court (a) seeking to restrain or enjoin the delivery of the Master Agreement or the Lease/Purchase Supplement or of other agreements similar to the Master Agreement; (b) questioning the authority of Lessee to execute the Master Agreement and the Lease/Purchase Supplement or the validity of the Master Agreement or the Lease/Purchase Supplement, or the payment of principal of or interest on, the Lease/Purchase Supplement; (c) questioning the constitutionality of any statute or the validity of any proceedings, authorizing the execution of the Master Agreement and the Lease/Purchase Supplement; or (d) affecting the provisions made for the Payment of or security for the Master Agreement and the Lease/Purchase Supplement. EXHIBIT B (To LEASE/PURCHASE SUPPLEMENT No. 1) KEYCORP CONFIDENTIAL - This is counterpart # _____ of _____ manually executed counterparts. Only counterpart # 1 constitutes chattel paper 11. The principal portion of the obligations under the Lease/Purchase Supplement, when added to the amount of debt incurred by Lessee pursuant to Article IX, Section V, Paragraph 1 of the Constitution of Georgia, does not exceed 10% of the accessed value of all taxable property within Lessee. 12. The Property under the Lease/Purchase Supplement has not been the subject of a referendum, which failed to receive the approval of the voters of Lessee within the immediately preceeding four calendar years. 13. In connection with entering into the Lease/Purchase Supplement, Lessee has complied with all of the requirements of O.C.G.A. §36-60-13. Lessee: Augusta, Georgia By: Title: SIGNER MUST NOT BE THE SAME AS THE EXECUTING OFFICIAL(S) SHOWN ABOVE. EXHIBIT C (To LEASE/PURCHASE SUPPLEMENT No. 1) KEYCORP CONFIDENTIAL - This is counterpart # _____ of _____ manually executed counterparts. Only counterpart # 1 constitutes chattel paper OPINION OF LESSEE’S COUNSEL To be completed by outside bond counsel from a firm listed in the Bond Buyer’s Municipal Marketplace (the “Red Book”) WILL BE PROVIDED BY LESSOR’S OUTSIDE COUNSEL IN THE FORM AS FOLLOWS: [Address to Lessor and Lessee] RE: Lease/Purchase Supplement No. 1, dated December 9, 2019, to Lease/Purchase Master Agreement dated December 9, 2019 between Key Government Finance, Inc. and Augusta, Georgia. Ladies and Gentlemen: We have acted as special counsel to Augusta, Georgia ("Lessee"), in connection with the Lease/Purchase Master Agreement, dated as of December 9, 2019 (the "Master Agreement"), between Augusta, Georgia, as lessee, and Key Government Finance, Inc. as lessor (“Lessor”), and the execution of Lease/Purchase Supplement No. 1 (the "Lease/Purchase Supplement") pursuant to the Master Agreement and if applicable, that certain Escrow Agreement dated as of December 9, 2019 by and among Lessee, Lessor and The Bank of New York Mellon Trust Company, N.A.as Escrow Agent (the “Escrow Agreement”, and collectively the “Transaction Documents”). We have examined the law and such certified proceedings and other papers as we deem necessary to render this opinion. All capitalized terms not otherwise defined herein shall have the meanings provided in the Transaction Documents. As to questions of fact material to our opinion, we have relied upon the representations of Lessee in the Transaction Documents and in the certified proceedings and other certifications of public officials furnished to us without undertaking to verify the same by independent investigation. Based upon the foregoing, we are of the opinion that, under existing law: 1. Lessee is a public body corporate and politic, duly organized and existing under the laws of the State, and has a substantial amount of one or more of the following sovereign powers: (a) the power to tax, (b) the power of eminent domain, and (c) the police power. 2. Lessee has all requisite power and authority to enter into the Transaction Documents and to perform its obligations thereunder, including the account(s) opened pursuant to the Escrow Agreement. 3. The execution, delivery and performance of the Transaction Documents by Lessee has been duly authorized by all necessary action on the part of Lessee. 4. All proceedings of Lessee and its governing body relating to the authorization and approval of the Transaction Documents, the execution thereof and the transactions contemplated thereby have been conducted in accordance with all applicable open meeting laws and all other applicable state and federal laws. 5. Lessee has acquired or has arranged for the acquisition of the Property subject to the Lease/Purchase Supplement, and has entered into the Master Agreement and the Lease/Purchase Supplement, in compliance with all applicable public bidding laws. 6. Lessee has obtained all consents and approvals of other governmental authorities or agencies which may be required for the execution, delivery and performance by Lessee of the Transaction Documents. 7. The Transactions Documents have been duly executed and delivered by Lessee and constitute legal, valid and binding obligations of Lessee, enforceable against Lessee in accordance with the terms thereof, except insofar as the enforcement thereof may be limited by any applicable bankruptcy, insolvency, moratorium, reorganization or other laws of equitable principles of general application, or of application to municipalities or political subdivisions such as the Lessee, affecting remedies or creditors' rights generally, and to the exercise of judicial discretion in appropriate cases. 8. As of the date hereof, based on such inquiry and investigation as we have deemed sufficient, no litigation is pending, (or, to our knowledge, threatened) against Lessee in any court (a) seeking to restrain or enjoin the delivery of the Transaction Documents or of other agreements similar thereto; (b) questioning the authority of Lessee to execute the Transaction Documents, or the validity of the Transaction Documents, or the payment of principal of or interest on, the Lease/Purchase Supplement; (c) questioning the constitutionality of any statute, or the validity of any proceedings, authorizing the execution of the Transaction Documents; or (d) affecting the provisions made for the payment of or security for the Transaction Documents. 9. The Lessee is a political subdivision within the meaning of Section 103 of the Internal Revenue Code of 1986, as amended, and the related regulations and rulings thereunder, and the portion of payments identified as the interest component of the rents (as set forth in the payment schedule attached to the Lease/Purchase Supplement) will not be includable in Federal gross income of the recipient under the statutes, regulations, court decisions and rulings existing on the date hereof and consequently will be exempt from Federal income taxes. This opinion may be relied upon by Lessor, its successors and assigns, and any other legal counsel who provides an opinion with respect to the Transaction Documents. Very truly yours, By: DO NOT SIGN THIS FORM – MUST BE ON LETTERHEAD OF LESSEE’S COUNSEL Dated: KEYCORP CONFIDENTIAL - This is counterpart # _____ of _____ manually executed counterparts. Only counterpart # 1 constitutes chattel paper TAX COMPLIANCE AGREEMENT AND NO ARBITRAGE CERTIFICATE This Tax Compliance Agreement and No Arbitrage Certificate is issued in connection with that certain LEASE/PURCHASE MASTER AGREEMENT dated as of December 9, 2019 and LEASE/PURCHASE SUPPLEMENT No. 1 dated December 9, 2019 by and between Key Government Finance, Inc. as lessor, ("Lessor") and Augusta, Georgia, as lessee ("Lessee"). 1. In General. 1.1. This Certificate is executed for the purpose of establishing the reasonable expectations of Lessee as to future events regarding the financing of certain equipment by Lessee as described in the LEASE/PURCHASE SUPPLEMENT No. 1 dated December 9, 2019 (the "Supplement") between Lessor and Lessee and all related documents executed pursuant thereto (the Supplement and such other documents are hereinafter collectively referred to as the "Financing Documents"). 1.2. The individual executing this Certificate on behalf of Lessee is an officer of Lessee delegated with the responsibility of reviewing and executing the Financing Documents. 1.3. To the best of the undersigned’s knowledge, information and belief, the expectations contained in this Certificate are reasonable. 1.4. Lessee has never been notified of any listing or proposed listing of it by the Internal Revenue Service as an issuer whose certifications as to arbitrage may not be relied upon. 1.5. The Lease Payments due under the Financing Documents will be made with monies retained in Lessee’s general operating fund (or an account or subaccount therein). No sinking, debt service, reserve or similar fund or account will be maintained for the payment of the Lease Payments due under the Financing Documents or pledged as security therefor. 1.6. If any other governmental obligations were or are being issued by or on behalf of Lessee within fifteen (15) days of the date of issuance of the Financing Documents, such obligations either (i) were not or are not being issued or sold pursuant to a common plan of financing with, or (ii) will not be paid out of substantially the same source of funds as, the financing pursuant to the Financing Documents. 2. Purpose of the Financing Documents. 2.1. The Financing Documents are being entered into for the purpose of providing funds for financing the cost of acquiring, equipping and installing certain equipment which is essential to the governmental functions of Lessee (the "Equipment"), which Equipment is described in the Description of Equipment attached to the Supplement and is to be more specifically described in one or more Equipment Lists to be attached to Certificate(s) of Acceptance executed and delivered by Lessee pursuant to the Supplement. The principal amount represented by the Financing Documents will be disbursed by Lessor, on or promptly after the date of issuance of the Financing Documents, to pay the purchase price of the Equipment. 2.2. No portion of the principal amount represented by the Financing Documents will be used as a substitute for other funds which were otherwise to be used as a source of financing for the Equipment, or will be used, directly or indirectly, to replace funds used by Lessee to acquire investments which produce a yield materially higher than the yield to Lessor under the Financing Documents. 2.3. Lessee does not expect to sell or otherwise dispose of the Equipment, in whole or in part, at a date which is earlier than the final rental payment due under the Financing Documents. 3. Source and Disbursement of Funds. 3.1. The principal amount represented by the Financing Documents does not exceed the amount necessary for the governmental purpose for which the Financing Documents were entered into. Such funds are expected to be needed and fully expended for payment of the costs of acquiring, equipping and installing the items of Equipment. 3.2. The entire principal amount represented by the Financing Documents will be used to pay the acquisition cost of the Equipment (Exclusive of tax where not required by law) (“Acquisition Cost”) to the vendors or manufacturers thereof on or promptly after the date of issuance of the Financing Documents, provided that a portion of the such amount may be paid to Lessee as reimbursement for Acquisition Cost payments already made by it so long as the conditions set forth in Section 3.3 below are satisfied. 3.3. Lessee shall not request that it be reimbursed for Equipment Acquisition Cost payments already made by it unless the following conditions have been satisfied: (a) Lessee made a declaration of its reasonable intention to reimburse the Acquisition Cost payment sought to be reimbursed with the proceeds of a borrowing not later than sixty (60) days after the date on which it made the payment, which declaration satisfies the "Official Intent Requirement" set forth in Treas. Reg. § 1.150-2; (b) The reimbursement being requested will be made by a written allocation before the later of eighteen (18) months after the Acquisition Cost payment was made or eighteen (18) months after the items of Equipment to which such payment relates were placed in service; (c) The entire payment with respect to which reimbursement is being sought is a capital expenditure, being a cost of a type properly chargeable to a capital account under general federal income tax principles; and (d) Lessee will use any reimbursement payment for general operating expenses and not in a manner which could be construed as an artifice or device under Treas. Reg. § 1.148- 10 by, virtue of, among other things, use to refund, or to create or increase a reserve or replacement fund with respect to, any other obligations issued by it. 4. Exempt Use. 4.1.No part of the proceeds of the Financing Documents or the Equipment will be used in any "private business use" within the meaning of Section 141(b)(6) of the Code. 4.2.No part of the proceeds of the Financing Documents will be used, directly or indirectly, to make or finance any loans to non-governmental entities or to any governmental agencies other than Lessee. 5. No Federal Guarantee. 5.1. Payment of the principal or interest due under the Financing Documents is not directly or indirectly guaranteed, in whole or in part, by the United States or an agency or instrumentality thereof. 5.2. No portion of the proceeds under the Financing Documents shall be (i) used in making loans the payment of principal or interest of which are to be guaranteed, in whole or in part, by the United States or any agency or instrumentality thereof, or (ii) invested, directly or indirectly, in federally insured deposits or accounts if such investment would cause the financing under the Financing Documents to be "federally guaranteed" within the meaning of Section 149(b) of the Code. 6. Miscellaneous. 6.1. Lessee agrees to comply with the rebate requirement set forth in Section 148(f) of the Code in the event that for any reason Section 148(f)(4)( B) of the Code is not applicable to the financing pursuant to Financing Documents. 6.2. Lessee shall keep a complete and accurate record of all owners or assignees of the Financing Documents in form and substance satisfactory to comply with Section 149(a) of the Code unless Lessor or its assignee agrees to act as Lessee’s agent for such purpose. 6.3. Lessee shall maintain complete and accurate records establishing the expenditure of the proceeds of the Financing KEYCORP CONFIDENTIAL - This is counterpart # _____ of _____ manually executed counterparts. Only counterpart # 1 constitutes chattel paper Documents and interest earnings thereon for a period of six years after payment in full under the Financing Documents. IN WITNESS WHEREOF, this Tax Compliance Agreement and No Arbitrage Certificate has been executed on behalf of Lessee as of the date set forth below. Lessee: Augusta, Georgia By: ___________________________________________________________________________________________ Name: ________________________________________________________________________________________ Title: __________________________________________________________________________________________ Date: _________________________________________________________________________________________ KEYCORP CONFIDENTIAL - This is counterpart # _____ of _____ manually executed counterparts. Only counterpart # 1 constitutes chattel paper ATTACHMENT TO UCC-1 LESSEE/DEBTOR: Augusta, Georgia LESSOR/SECURED PARTY: KEY GOVERNMENT FINANCE, INC. The equipment leased pursuant to that certain LEASE/PURCHASE MASTER AGREEMENT dated as of December 9, 2019 and LEASE/PURCHASE SUPPLEMENT No. 1 dated December 9, 2019 by and between Lessor/Secured Party, as lessor, and Lessee/Debtor, as lessee, and all replacements, substitutions and alternatives therefor and thereof and accessions thereto and all proceeds (cash and non- cash), including the proceeds of all insurance policies or condemnation awards, thereof. To the extent any of the "equipment" is "Licensed Software", as defined in the LEASE/PURCHASE MASTER AGREEMENT, this financing statement covers Lessee’s rights in and to such Licensed Software, and all upgrades, updates, replacements and substitutions therefor and proceeds thereof. The "equipment," including any "Licensed Software, is more fully described below: Equipment Location: 535 Telfair Street, Building 2000 Augusta, GA 30901 KEYCORP CONFIDENTIAL - This is counterpart # _____ of _____ manually executed counterparts. Only counterpart # 1 constitutes chattel paper LESSEE’S W-9 FORM KEYCORP CONFIDENTIAL - This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper Payment of Proceeds Instructions Key Government Finance, Inc. 1000 South McCaslin Blvd. Superior, CO 80027 Re: Supplement No. 1 dated December 9, 2019 and Lease/Purchase Master Agreement dated December 9, 2019, between Key Government Finance, Inc. (“Lessor”) and Augusta, Georgia (“Lessee”). Ladies and Gentlemen: The undersigned, an authorized representative of the Lessee hereby requests and authorizes Lessor to disburse the net proceeds of the Supplement as follows: Name of Payee: The Bank of New York Mellon Trust Company, N.A Augusta, Georgia By: ________________________________________ Name: _____________________________________ Title: ______________________________________ KEYCORP CONFIDENTIAL - This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper ESCROW AGREEMENT This Escrow Agreement (the "Escrow Agreement"), dated as of December 9, 2019 and entered into among Key Government Finance, Inc. ("Lessor"), Augusta, Georgia ("Lessee") and The Bank of New York Mellon Trust Company, N.A. (the "Escrow Agent"). RECITALS: A. Lessor and Lessee are parties to a Lease/Purchase Master Agreement For State and Local Government, dated as of December 9, 2019 and Lease/Purchase Supplement No. 1 thereunder, dated as of December 9, 2019 (the "Lease") whereunder Lessee is acquiring from Lessor certain personal property more particularly described therein (the "Property"). B. Lessor and Lessee intend to cause or have caused certain funds to be deposited with Escrow Agent to pay for costs of the Property, and Escrow Agent has agreed to disburse said funds in accordance with the terms and conditions of this Escrow Agreement. C. Each of the parties has authority to enter into this Escrow Agreement and has taken all actions necessary to authorize the execution of this Escrow Agreement by the officers whose signatures are affixed hereto. NOW, THEREFORE, the parties agree as follows: 1. Appointment of Escrow Agent. Lessor, Lessee and Escrow Agent agree that Escrow Agent shall act as sole Escrow Agent under the Lease and this Escrow Agreement, in accordance with the terms and conditions set forth in this Escrow Agreement. The Escrow Agent, in its capacity as escrow agent hereunder, shall not be deemed to be a party to the Lease, and this Escrow Agreement shall be deemed to constitute the entire agreement regarding the Acquisition Fund (as hereinafter defined) among Lessor, Lessee and Escrow Agent. 2. Acquisition Fund. There is hereby established in the custody of Escrow Agent an escrow fund designated as the "Augusta, Georgia Acquisition Fund" (the "Acquisition Fund") to be held and administered by Escrow Agent for Lessee and Lessor in accordance with this Escrow Agreement, subject to Lessor's rights under this Section 2 and Section 3 hereof. The moneys and investments held by Escrow Agent under this Escrow Agreement are irrevocably held for the benefit of Lessee and Lessor, and such moneys, together with any income or interest earned thereon, shall be expended only as provided in this Escrow Agreement, and shall not be subject to levy or attachment or lien by or for the benefit of any creditor of Lessee (other than Lessor) or Lessor. Lessee hereby grants to Lessor a security interest in the Acquisition Fund to secure payment of all sums due to Lessor under the Lease. For such purpose, Escrow Agent hereby agrees to act as agent for Lessor in connection with the perfection of such security interest and agrees to note, or cause to be noted, on all books and records relating to such accounts, Lessor's interest therein. (a) Deposit in Acquisition Fund. There shall be deposited in the Acquisition Fund the sum of $1,065,611.48. Escrow Agent shall maintain accounting records sufficient to permit calculation of the income on investments and interest earned on deposit of amounts held in the Acquisition Fund, and such income and interest shall become part of the Acquisition Fund and may be expended as provided herein. (b) Disbursements from Acquisition Fund. Escrow Agent shall make payments from the Acquisition Fund to pay costs of the Property upon receipt of requisitions from Lessee and approved by the Lessor, signed by an authorized individual substantially in the form attached hereto as Exhibit A, which is incorporated by reference herein. In the event Escrow Agent is directed or requested by Lessee to hold or deposit any retained funds or to accept a retainage bond (in lieu of funds) as may be required by law or the terms of the acquisition contract to which Lessee is a party, Escrow Agent shall act in accordance with Lessee's instructions, and such retained funds (or performance bond) and any interest thereon shall be paid as provided in instructions to Escrow Agent from Lessee. In no event, shall Lessee submit more than six (6) requisitions in any month. The final requisition shall include the final acceptance certificate required in the Lease, which shall be executed by the Lessee and delivered to the Escrow Agent. Where requisitions involve titled motor vehicles, the requisition shall also include: (i) Manufacturer's Certificate of Origin. (ii) Motor vehicle paperwork appropriate to state of registration, noting Key Government Finance, Inc. as lien holder. KEYCORP CONFIDENTIAL - This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper (iii) Insurance certificate naming Key Government Finance, Inc., its successors and assigns as sole loss payee and additional insured for the specified equipment. 3. Termination of Escrow. (a) Acquisition of Property. Upon the final acceptance of the Property by Lessee, as evidenced by execution by Lessee of a final acceptance certification pursuant to the Lease and delivered to Escrow Agent, and the payment of all costs related thereto (i) any retainage shall be disbursed as directed by Lessee, and (ii) any amounts remaining in the Acquisition Fund (including the earnings from investments thereof) shall be transferred to Lessee and be applied toward reimbursement of Lessee for funds advanced for the Property. To the extent that additional moneys in excess of those needed to reimburse Lessee for the acquisition of the Property exist in the Acquisition Fund, such amounts shall be paid to Lessor and applied first to the next payment due on the Lease and then applied to prepayment of the principal component of installment payments and Lessor shall recalculate the lease payment schedule for the remaining term such that the remaining lease payments shall be level. Upon disbursement of all sums in the Acquisition Fund, this Escrow Agreement shall terminate, provided that the indemnifications by Lessee shall survive the termination of this Escrow Agreement. (b) Eighteen Months. This Escrow Agreement shall terminate eighteen (18) months from the date of this Escrow Agreement. It may, however, be extended by mutual consent of the Lessee and Lessor in writing to the Escrow Agent either in advance of the termination or retroactively. Any money remaining in the Acquisition Fund at the time of termination under this subsection (b) shall be transferred to Lessor and shall be applied first to the next payment due under the Lease, and then, if there are amounts remaining, applied to the prepayment of the Lease being applied to principal and Lessor shall recalculate the lease payment schedule for the remaining term such that the remaining lease payments shall be level. Lessee shall be deemed to have accepted all Property paid for from the Acquisition Fund at the time of termination under this subsection (b). Upon disbursement of all sums in the Acquisition Fund, this Escrow Agreement shall terminate, provided that the indemnifications by Lessee shall survive the termination of this Escrow Agreement. (c) Event of Default; Nonappropriation. Upon receipt of written notice from Lessor of an event of default by Lessee under the Lease or an event of nonappropriation, if provided for under the Lease, Escrow Agent shall disburse the funds in the Acquisition Fund to Lessor for application in accordance with the Lease. Upon such payments from the Acquisition Fund, this Escrow Agreement shall terminate, provided that the indemnifications by Lessee shall survive the termination of this Escrow Agreement. 4. Investment of Acquisition Fund. Monies held by Escrow Agent hereunder shall be invested and reinvested by Escrow Agent upon written instructions from Lessee in an investment which is a permitted investment for Lessee under the laws of the state in which Lessee is organized. Escrow Agent shall have no responsibility for advising Lessee or Lessor as to the permissibility of any investment of monies in the Acquisition Fund. If Escrow Agent does not receive a written direction from Lessee as to the investment or reinvestment of monies in the Acquisition Fund, Escrow Agent may hold such monies uninvested until such direction is received. Escrow Agent shall have no responsibility for any losses suffered from any investment of monies on deposit in the Acquisition Fund authorized by Lessee. 5. Amendment and Modification. This Escrow Agreement may not be amended, modified, altered, supplemented or waived except by a written instrument executed by Lessor, Lessee and Escrow Agent. 6. Regarding the Escrow Agent. (a) Duties of Escrow Agent. Escrow Agent undertakes to perform only such duties as are specifically set forth in this Escrow Agreement. Escrow Agent shall be under no implied obligation or subject to any implied liability hereunder. Escrow Agent shall incur no liability whatsoever except for its gross negligence or willful misconduct so long as it is acting in good faith. Escrow Agent shall not be required to take notice of any of the provisions of the Lease or any document or instrument executed in connection therewith, except as expressly set forth in this Escrow Agreement. The permissive right of the Escrow Agent to do things enumerated in this Escrow Agreement shall not be construed as a duty. (b) Escrow Agent Reliance. Escrow Agent may act in reliance upon any writing or instrument or signature which it, in good faith, believes to be genuine, may assume the validity and accuracy of any statement or assertion contained in such a writing or instrument, and may assume that any person purporting to give any writing, notice, advice or instructions in connection with the provisions hereof has been duly authorized to do so. Escrow Agent shall not be liable in any manner for the sufficiency or correctness as to form, manner and execution, or validity of any instrument deposited with it, nor as to the identity, authority or right of any person executing the same; and its duties hereunder shall KEYCORP CONFIDENTIAL - This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper be limited to those specifically provided herein. (c) Counsel and Fees; Reliance upon Counsel. If Escrow Agent believes it to be reasonably necessary to consult with counsel concerning any of its duties in connection herewith, or in case the Escrow Agent becomes involved in litigation on account of acting hereunder, then, in either case, its cost, expenses and reasonable attorneys fees shall be paid by Lessee. Escrow Agent's right to receive its attorneys’ fees and expenses shall survive the termination of this Escrow Agreement. If Escrow Agent consults with counsel, Escrow Agent may act, in good faith, in reliance upon the advice of counsel concerning its duties in connection herewith or in acting hereunder. (d) No Obligation to Take Legal Action. Escrow Agent shall not be under any obligation to take any legal action in connection with this Escrow Agreement or for its enforcement, or to appear, prosecute or defend any action or legal proceeding which, in its opinion, would or might involve it in any costs, expense, loss or liability, or to otherwise expend or risk its own funds or incur any financial liability in the performance of this Escrow Agreement, unless and as often required by it, it shall be furnished with security and indemnity satisfactory against all such costs, expenses, losses or liabilities. If any controversy arises between the parties hereto or with any third person, the Escrow Agent shall not be required to resolve the same or to take any action to do so (other than to use its best efforts to give notice of such controversy to Lessor and Lessee) but may, at its discretion, institute such interpleader or other proceedings as it deems proper. (e) Quarterly Statement. Escrow Agent shall issue a quarterly accounting statement showing receipts to and disbursements from the Acquisition Fund. Such statement shall be mailed to Lessor and Lessee. (f) Resignation and Termination. Escrow Agent may, upon providing thirty days written notice, resign its position as Escrow Agent and terminate its liabilities and obligations hereunder. In the event Escrow Agent is not notified within thirty days of a successor Escrow Agent, Escrow Agent shall be entitled to transfer all funds to a court of competent jurisdiction with a request to have a successor appointed, at the expense of Lessee. Upon filing such action and delivering such assets, Escrow Agent's obligations and responsibilities shall cease. Lessor and Lessee may jointly terminate Escrow Agent and appoint a successor Escrow Agent by providing 15 days written notice to Escrow Agent. (g) The Escrow Agent shall have the right to accept and act upon instructions, including funds transfer instructions (“Instructions”) given pursuant to this Escrow Agreement and delivered using Electronic Means (“Electronic Means” shall mean the following communications methods: e-mail, facsimile transmission, secure electronic transmission containing applicable authorization codes, passwords and/or authentication keys issued by the Escrow Agent, or another method or system specified by the Escrow Agent as available for use in connection with its services hereunder); provided, however, that the Lessor shall provide to the Escrow Agent an incumbency certificate listing officer with the authority to provide such Instructions (“Authorized Officers”) and containing specimen signature of such Authorized Officer, which incumbency certificate shall be amended by the Lessor whenever a person is to be added or deleted from the listing. If the Lessor elects to give the Escrow Agent Instructions using Electronic Means and the Escrow Agent in its discretion elects to act upon such Instructions, the Escrow Agent’s understanding of such Instructions shall be deemed controlling. The Lessor understands and agrees that the Escrow Agent cannot determine the identity of the actual sender of such instructions and that the Escrow Agent shall conclusively presume that direction that purport to have been sent by an Authorized Officer listed on the incumbency certificate provided to the Escrow Agent have been sent by such Authorized Officer. The Lessor shall be responsible for ensuring that only Authorized Officer transmit such instructions to the Escrow Agent and that the Lessor and all Authorized Officer are solely responsible to safeguard that use and confidentiality of applicable user and authorization codes, passwords and/or authentication keys upon receipt by the Lessor. The Escrow Agent shall not be liable for any losses, costs or expenses arising directly or indirectly from the Escrow Agent’s reliance upon and compliance with such Instructions notwithstanding such directions conflict or are inconsistent with a subsequent written Instruction. The Lessor agrees: (i) to assume all risks arising out of the use of Electronic Means to submit Instructions to the Escrow Agent, including without limitation the risk of the Escrow Agent acting on unauthorized Instructions, and the risk of interception and misuse by third parties; (ii) that it is fully informed of the protections and risks associated with the various methods of transmitting Instructions to the Escrow Agent and that there may be more secure methods of transmitting Instructions that the method(s) selected by the Lessor; (iii) that the security procedures (if any) to be followed in connection with its transmission of Instructions provide to it a commercially reasonable degree of protection in light of its particular needs and circumstances; and (iv) to notify the Escrow Agent immediately upon learning of any compromise or unauthorized use of the security procedures. 7. Indemnification. To the extent permitted by law, Lessee hereby assumes liability for, and hereby agrees (whether or not any of the transactions contemplated hereby are consummated) to indemnify, protect, save and keep harmless the Escrow Agent and its respective successors, assigns, agents, employees and servants, from and against any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, costs, expenses and KEYCORP CONFIDENTIAL - This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper disbursements (including reasonable legal fees and disbursements) of whatsoever kind and nature which may be imposed on, incurred by or asserted against, Escrow Agent at any time (whether or not also indemnified against the same by Lessee or any other person under any other agreement or instrument, but without double indemnity) in any way relating to or arising out of the execution, delivery and performance of this Escrow Agreement, the establishment hereunder of the Acquisition Fund, the acceptance of the funds and securities deposited therein, the purchase of any securities to be purchased pursuant thereto, the retention of such securities or the proceeds thereof, and any payment, transfer or other application of moneys or securities by Escrow Agent in accordance with the provisions of this Escrow Agreement; provided, however, that Lessee shall not be required to indemnify, protect, save or keep harmless Escrow Agent against Escrow Agent's own gross negligence or willful misconduct or gross negligence or willful misconduct of Escrow Agent's respective successors, assigns, agents and employees or the material breach by Escrow Agent of the terms of this Escrow Agreement. The indemnities contained in this Section shall survive the termination of this Escrow Agreement. 8. Notices. Any notices permitted or required under this Escrow Agreement shall be made in writing and shall be deemed given upon the date of personal delivery or 48 hours after deposit in the United States mail, certified or registered, postage fully prepaid, return receipt requested, addressed to the addresses set forth on the signature page of this Escrow Agreement. The party to whom notices or copies of notices are to be sent shall have the right at any time and from time to time to change its address for notice or person to receive notice by giving notice in the manner specified in this paragraph. 9. Escrow Agent's Fee. In the event that Escrow Agent is made a party to litigation with respect to the Acquisition Fund, or brings an action in interpleader, or Escrow Agent is required to render any service not provided for in this Escrow Agreement, or there is any assignment of interests in this escrow or any modification hereof, Escrow Agent shall be entitled to reasonable compensation for such extraordinary services and reimbursement by Lessee for all fees, costs, liability and expenses, including attorney fees. Lessee also agrees to pay any investment fees or other charges of Escrow Agent, such as wire transfer charges and disbursement charges, and agrees such fees and charges may be deducted by and paid to the Escrow Agent from funds in or to be deposited in the Acquisition Fund or from investment earnings to be deposited in the Acquisition Fund. 10. Tax Matters. (a) If applicable, the Escrow Agent shall report to the Internal Revenue Series, as of each calendar year-end, all income earned from the investment of any sum held in the Acquisition Fund against Lessee, whether or not said income has been distributed during such year, as and to the extent required by law. (b) If applicable, any tax returns required to be prepared and filed will be prepared and filed by Lessee with the Internal Revenue Service in all years income is earned, whether or not income is received or distributed in any particular tax year, and Escrow Agent shall have no responsibility for the preparation and/or filing of any tax return with respect to any income earned by the Acquisition Fund. (c) If applicable, any taxes payable on income earned from the investment of any sums held in the Acquisition Fund shall be paid by Lessee, whether or not the income was distributed by the Escrow Agent during any particular year. 11. Counterparts. This Escrow Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. This Escrow Agreement is to be executed by the parties hereto in sufficient numbers so that an Escrow Agreement bearing each party's original signature can be held by the Escrow Agent. 12. Waiver. Any waiver by any party of any breach of any term or condition of this Escrow Agreement shall not operate as a waiver of any other breach of such term or condition or any other term or condition, nor shall any failure to enforce such provision hereof operate as a waiver of such provision or of any other provision hereof, nor constitute nor be deemed a waiver or release of any other party for anything arising out of, connected with, or based on this Escrow Agreement. 13. Exhibits. All exhibits, schedules and lists attached to this Escrow Agreement or delivered pursuant to this Escrow Agreement shall be deemed a part of this Escrow Agreement and incorporated herein, where applicable, as if fully set forth herein. 14. Applicable Law. This Escrow Agreement shall be governed by the laws of the state in which Lessee is located. KEYCORP CONFIDENTIAL - This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper 15. Successors and Assigns. This Escrow Agreement shall be binding on and shall inure to the benefit of the parties and their respective successors and assigns. Any corporation or association into which the Escrow Agent may merge, or to which Escrow Agent may sell or transfer its banking business, shall automatically be and become successor Escrow Agent hereunder and vested with all powers as was its predecessor without the execution or filing of any instruments or further act, deed or conveyance on the part of the parties hereto. 16. Severability. In the event any provision of this Escrow Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 17. WAIVER OF JURY TRIALS. UNLESS PROHIBITED BY LAW, LESSEE, LESSOR AND ESCROW AGENT HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS ESCROW AGREEMENT OR THE ACTIONS OF LESSOR, LESSEE OR ESCROW AGENT IN THE NEGOTIATION, ADMINISTRATION, PERFORMANCE OR ENFORCEMENT HEREOF. IN WITNESS WHEREOF, Lessor, Lessee and Escrow Agent have caused this Escrow Agreement to be executed by their duly authorized representatives, all as of the date first above written. Key Government Finance, Inc. Augusta Georgia By: By: Authorized Officer Authorized Officer Title: Title: Address: 1000 S. McCaslin Blvd. Superior, Colorado 80027 Address: 535 Telfair Street, Building 2000 Augusta, Georgia 30901 Email: Phone No.: The Bank of New York Mellon Trust Company, N.A. Below listed are additional authorized representatives of Lessee allowed to:  process escrow requisitions; and  provide investment direction for escrow proceeds By: Signature: Authorized Officer Name: Title: Address: 300 N. Meridian Street, Suite 910 Email: Phone No.: Indianapolis, IN 46204 Signature: Name: Title: Email: Phone No.: The above-named representative(s) of Lessee held at the time of authorization of this Escrow Agreement by the governing body of Lessee and holds at the present time the office set forth above, has been duly authorized to sign this Escrow Agreement, and the signature set forth above is his or her true signature. Attest By: _________________________________________ Name: ___________________________________________ Title: ____________________________________________ KEYCORP CONFIDENTIAL - This is counterpart # of manually executed counterparts. Only counterpart # 1 constitutes chattel paper [Please type on your letterhead] EXHIBIT A FORM OF REQUISITION COSTS OF PROPERTY Lease/Purchase Supplement No. 1 C/O Key Government Finance, Inc. 1000 South McCaslin Blvd. Superior, CO 80027 Attn: Tammy Kaler On Behalf of: The Bank of New York Mellon Trust Company, N.A. 300 N. Meridian Street, Suite 910 Indianapolis, IN 46204 Amount Requested: $ Total Disbursements to Date: $ Requisition No.: 1. The undersigned, an officer or official of Lessee, hereby requests and authorizes The Bank of New York Mellon Trust Company, N.A., as Escrow Agent under the Escrow Agreement dated as of December 9, 2019, among Augusta, Georgia (the "Lessee"), Key Government Finance, Inc. (the "Lessor") and Escrow Agent, to pay to or upon the order of the Lessee the amount specified above for the payment or reimbursement of costs of Property described in Schedule 1 attached. 2. The Lessee hereby certifies that: (a) each obligation mentioned in Schedule 1 has been properly incurred, is a proper charge against the Acquisition Fund and has not been the basis of any previous disbursement; (b) no part of the disbursement requested hereby will be used to pay for materials not yet incorporated into the Property or for services not yet performed in connection therewith; (c) insurance requirements of the Lease have been complied with and such coverage is in force; (d) as of the date of this Requisition no event of default or event of nonappropriation, if any, as such terms are defined in the Lease between Lessor and Lessee has occurred and is continuing and no event which with notice or lapse of time, or both, has occurred and is continuing which would constitute such event of default or event of nonappropriation; and (e) the Property acquired with this disbursement is functionally complete and operationally independent and is hereby accepted. If this is the final requisition, the final acceptance certification required in the Lease is attached hereto. 3. All capitalized terms herein shall have the meanings assigned to them in the Escrow Agreement 4. The list of equipment, set forth in the equipment/property description to the Lease, shall be deemed amended upon payment of this requisition to include the property set forth in Schedule 1 hereto and any property paid with funds of this requisition. Augusta, Georgia By: Name: Title: Date: Approved by Lessor, or in the event Lessor’s right, title and interest in the Lease has been assigned, by the current assignee of Lessor’s right, title and interest in the Lease Agreement: Key Government Finance, Inc. By: Name: Title: Date: [Lessee to attach final acceptance certification if final disbursement request.] 11/18/2019 Coversheet appweb2.augustaga.gov/agendapublic/Bluesheet.aspx?ItemID=34220&MeetingID=2097 1/2 Commission Meeting Agenda 8/20/2019 2:00 PM Approve the replacement of infrastructure hardware and software. Department:Information Technology Department:Information Technology Caption:Motion to approve the replacement of infrastructure hardware and software. (Approved by Public Safety Committee August 13, 2019) Background:Information Technology is continuing its effort of making sure the City has the necessary technology infrastructure in place to meet the growing demands. Therefore, the following items are being asked for approval: Information Technology is upgrading the existing backup system with a new (Veeam) Infrastructure Management and Backup System. Veeam will provide the ability to restore data rapidly and prevent the possibility of extended downtime along with extensive virtual resource management. This purchase will be from TSA, off of HPE State Contract ID SWC90814-04A, in the amount of $107,151. Information Technology is creating a 534 TB storage area. This will become the ITCloud. In-house storage will be consolidated to provide faster IPOS to improve access speed. This purchase will be from RoundTower, off of State Contract # GA Enterprise 99999- SPD0000139 004, in the amount of $185,888. Additional software is necessary to facilitate these improvements. Six (6) 7JQ-00341 and four (4) 7NQ-00302 SQLSvrEntCore ALNG LicSAPk MVL 2Lic CorLic licenses will be purchased from Dell Marketing, LP, off of State Contract # GA ENterprise 99999-SPD0000060-006A, in the amount of $71,796. Necessary infrastructure replacement to keep all mission critical communications equipment up to date and provide additional bandwidth to support Augusta’s growing network needs. These upgrades will be purchased from DSI, off of State Contract # 99999-SPD-T20120501-006, in the estimated amount of $1,065,611. This will be a five (5) year capital lease. Pending approval, all lease information will be provided to Finance and Augusta’s Law Department for review. Analysis:In accordance to Information Technology’s Strategic Plan, these replacements and upgrades are necessary to continue the long term storage and protection of Augusta’s data. The advancement of 11/18/2019 Coversheet appweb2.augustaga.gov/agendapublic/Bluesheet.aspx?ItemID=34220&MeetingID=2097 2/2 technology innovation to benefit service delivery will also be achieved through the purchase of these products. The replacement of obsolete hardware and software will allow Information Technology to plan and improve business processes both internally and externally. The implementation of these new improved services will benefit all support staff and customers. Maintaining a reliable infrastructure, supporting and meeting the technology needs of customers and providing convenient access are several Strategic Goals that will be accomplished through these purchases. Financial Impact:The total capital cost for the replacement of infrastructure hardware and software is $364,835. The total cost for the year one (1) capital lease is approximately $208,000. Funds are available in the Information Technology budget. Alternatives:Continue using obsolete hardware and software that is currently in place. Recommendation:Approve replacement of infrastructure hardware and software. Funds are Available in the Following Accounts: Funds are available in the following accounts. Capital Purchase: SPLOST VI Network Assessment GL#328-01-2110 JL#2199255104 $250,000. IT Capital SQL 2016 Enterprise 272015410-5424210 $30,000. IT Capital Clerk of Court(Tyler)272015410-5424220 $47,970. IT Capital Data Protector 272015410-5424220 $36,865. Capital Lease: The total capital lease cost for the replacement of infrastructure hardware and software is estimated to be $1,065,611. The year one (1) payment will be, approximately, $208,000. Funds are available in the following accounts. IT Capital Core Infrastructure 272015410- 5424910 $200,000 IT Capital Data Protector 272015410-5424220 $8,000 REVIEWED AND APPROVED BY: Procurement. Information Technology. Finance. Law. Administrator. Clerk of Commission Commission Meeting Agenda 12/3/2019 2:00 PM IT Lease to Purchase Master Agreement Department:Information Technology Department Department:Information Technology Department Caption:Approve the execution of the Lease/Purchase Master Agreement with Key Government Finance, Inc., and the Escrow Agreement with The Bank of New York Mellon Trust Company, N.A. for core network infrastructure. Background:On August 20, 2019, the Augusta Commission approved the replacement of core network infrastructure equipment, including Cisco hardware and software to be purchased through State Contract # 99999-SPD-T20120501-006 in the amount of $1,065,611.48. This purchase will be structured as a five (5) year capital lease/purchase through Key Government Finance, Inc. Cisco will pay all interest costs for the financing. The agreements for this purchase have been negotiated with the vendor and are now ready for execution. Analysis:These replacements will keep all mission critical communications equipment up to date and provide additional bandwidth to support Augusta’s growing network needs. In accordance to Information Technology’s Strategic Plan, these replacements and upgrades are necessary to continue the long term storage and protection of Augusta’s data. Approval of this item would authorize Augusta to execute the Lease/Purchase Master Agreement with Key Government Finance, Inc., including the Escrow Agreement with The Bank of New York Mellon Trust Company, N.A. These agreements have been reviewed by the Law Department. Financial Impact:The total capital lease cost for the replacement of infrastructure hardware and software is $1,065,611.48. The year one (1) payment will be $213,122.30. Funds are available in the Information Technology capital budget (272015410). Alternatives: Continue using obsolete hardware and software that is currently in place. Recommendation:Approve the execution of the Lease/Purchase Master Agreement with Key Government Finance, Inc., and the Escrow Agreement with The Bank of New York Mellon Trust Company, N.A. Funds are Available in the Following Accounts: 272015410- 5424910 (IT Capital Budget) REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Site ID: GA20009-A-37 Tenant Site ID: Barton Chapel Site Name: Barton Chapel 2, GA Tenant Site Name: Barton Chapel Other - ANTSITE 3-5-10 (Rev. 3.13.15) 1 Tenant Initials:____ Owner Initials:____ November 13, 2019 ANTENNA SITE AGREEMENT 1. Premises and Use. SBA STRUCTURES, LLC, a Delaware limited liability company (“Owner”) leases to AUGUSTA, GEORGIA, a political subdivision of the State of Georgia (“Tenant”), the site described below: Tower antenna space; Ground space for placement of Pad or Shelter (“Shelter”) for Tenant’s base station equipment consisting of approximately 376 square feet; and space required for Tenant’s cable ladders, cable runs and cable bridges to connect telecommunications equipment and antennas, in the location shown on Exhibit A, together with a non- exclusive easement for reasonable access thereto and to the appropriate, in the discretion of Tenant, source of electric and telephone facilities (collectively, the “Site”). The Site will be used by Tenant for the purpose of installing, removing, replacing, modifying, maintaining and operating, at its expense, a telecommunications service system facility consisting of the antenna(s) and related equipment set forth on Exhibit B (the “Equipment”). If Tenant desires to place equipment on the Site in addition to that listed on Exhibit B, Owner and Tenant will negotiate the placement of the additional equipment and the associated increased rent. Tenant will use the Site in a manner which will not unreasonably disturb the occupancy of Owner’s other tenants. 2. Term. The “Initial Term” of this Agreement shall be one (1) year beginning on the date set forth below (“Commencement Date”) and terminating as set forth herein. This Agreement shall (i) terminate absolutely and without further obligation on the part of Augusta each and every December 31st, at 11:59 PM, as required by OCGA § 36-60-13, as amended, unless terminated earlier in accordance with the termination provisions of this Agreement; (ii) automatically renew on each January 1st at 12:00 AM, unless terminated in accordance with the termination provisions of this Agreement; and (iii) terminate absolutely with no further renewals on December 31, 2029, unless extended by written agreement. This Agreement will automatically renew for ten (10) additional terms (each a “Renewal Term”) of one (1) year each, unless either party provides notice to the other of its intention not to renew not less than one hundred and twenty (120) days prior to the expiration of the Initial Term or any Renewal Term. COMMENCEMENT DATE: The earlier of the date Tenant begins installation of its Equipment at the Site or January 1, 2020. 3. Rent. Beginning on the Commencement Date rent will be paid in equal monthly installments of Two Thousand Three Hundred Dollars and Zero Cents ($2,300.00) (“Rent”), in advance, due on the first day of each month, partial months to be prorated on a thirty (30) day month. Rent will be increased annually on the anniversary of the Commencement Date (during the Initial and all Renewal Terms) by 3% of the monthly rate in effect for the prior year. This Agreement shall be effective on the date last executed by the parties. 4. Security Deposit. Prior to the Commencement Date, Tenant will deposit with Owner an amount equal to two (2) months’ Rent (“Security Deposit”). Owner will have the right to draw against the Security Deposit in the event of any breach hereunder, including when any Rent becomes past due. If Owner elects to draw down the Security Deposit, Tenant must replenish the amounts so drawn within ten (10) days after written demand therefor by Owner. The Security Deposit will be retained in a non-interest bearing account. 5. Title and Quiet Possession. Owner represents and agrees (a) that it is in possession of the Site as fee owner or lessee under a ground lease (“Ground Lease”); (b) that if applicable, upon request from Tenant, Owner will provide to Tenant a copy of the Ground Lease with financial and other confidential terms redacted; (c) that it has the right to enter into this Agreement; (d) that the person signing this Agreement has the authority to sign; and (e) that Tenant is entitled to the quiet possession of the Site subject to zoning and other requirements imposed by governmental authorities, any easements, restrictions, or encumbrances of record throughout the Initial Term and each Renewal Term so long as Tenant is not in default beyond the expiration of any cure period. Notwithstanding anything to the contrary contained in this Agreement, if the Site is subject to a ground lease, either party may terminate this Agreement without further liability upon the termination or expiration of Owner’s right to possession of the Site under the Ground Lease. Owner will not do, attempt, permit or suffer anything to be done which could be construed to be a violation of the Ground Lease. This Agreement is subordinate to any mortgage or deed of trust now of record against the Site. Promptly after this Agreement is fully executed, if requested by Tenant, Owner will request the holder of any such mortgage or deed of trust to execute a non-disturbance agreement in a form provided by Tenant, and Owner will cooperate with Tenant at Tenant’s sole expense toward such an end to the extent that such cooperation does not cause Owner additional financial liability. Tenant will not, directly or indirectly, on behalf of itself or any third party, communicate, negotiate, and/or contract with the lessor of the Ground Lease, unless Owner’s rights under the Ground Lease have been terminated. 6. Assignment/Subletting. Tenant may not assign or transfer this Agreement without the prior written Site ID: GA20009-A-37 Tenant Site ID: Barton Chapel Site Name: Barton Chapel 2, GA Tenant Site Name: Barton Chapel Other - ANTSITE 3-5-10 (Rev. 3.13.15) 2 Tenant Initials:____ Owner Initials:____ November 13, 2019 consent of Owner, which consent will not be unreasonably withheld, delayed or conditioned. However, Tenant may assign without the Owner’s prior written consent to any party controlling, controlled by or under common control with Tenant provided that the assuming party has comparable credit quality to that of Tenant. Tenant may not sublease this Agreement. In no event will Tenant be relieved of any obligations or liability hereunder. 7. Access and Security. Tenant will have the reasonable right of access to the Tower where its Equipment is located; provided that Tenant must give Owner forty-eight (48) hours’ prior notice. Tenant will have unrestricted access twenty-four (24) hours a day seven (7) days a week to its Pad or Shelter. In the event of an emergency situation which poses an immediate threat of substantial harm or damage to persons and/or property (including the continued operations of Tenant’s telecommunications equipment) which requires entry on the Tower, Tenant may enter same and take the actions that are required to protect individuals or personal property from the immediate threat of substantial harm or damage; provided that promptly after the emergency entry and in no event later than twenty-four (24) hours, Tenant gives telephonic and written notice to Owner of Tenant’s entry onto the Site. 8. Notices. All notices must be in writing and are effective when deposited in the U.S. mail, certified and postage prepaid, or when sent via overnight delivery, to the address set forth below, or as otherwise provided by law. 9. Installation and Improvements. Prior to installing or allowing any Equipment to be installed at the Site or making any changes, modifications or alterations to such Equipment, Tenant, at its expense, will obtain all required approvals and will submit to Owner plans, specifications and proposed dates of the planned installation or other activity, for Owner’s approval which approval will not be unreasonably withheld, including, if requested by Owner, a tower loading study and/or an intermodulation study performed and certified by an independent licensed professional engineer. The approved plans will be deemed incorporated into this Agreement. All installation of or other work on Tenant’s Equipment on the Tower will be at Tenant’s sole expense and performed by Owner or one of its affiliates or subsidiaries. All installations, operation and maintenance of Equipment must be in accordance with Owner’s policies set forth in Exhibit D. Owner reserves the right to prohibit operation of any Equipment it reasonably deems to be improperly installed, unsafe or not included in the installation design plan. Owner agrees to cooperate with Tenant’s reasonable requests, at Tenant’s expense, with respect to obtaining any required zoning approvals for the Site and any improvements. Upon termination or expiration of this Agreement, Tenant shall remove its Equipment and improvements and will restore the Site to the condition existing on the Commencement Date, except for ordinary wear and tear and insured casualty loss. If Tenant fails to remove its Equipment as specified in the preceding sentence, Tenant’s Equipment will be subject to disconnection, removal, and disposal by Owner. If Tenant’s Equipment remains on the Site after the termination or expiration date (even if it has been disconnected), Tenant will pay to Owner a hold-over fee equal to two hundred percent (200%) of the then- effective monthly Rent, prorated from the effective date of termination to the date the Equipment is removed from the Site. Owner will have the right (but not the obligation) to disconnect and remove Equipment from the Site. If, after the termination date, Owner disconnects and removes Equipment, Tenant will pay to Owner upon demand three hundred percent (300%) of the disconnection, removal and storage expenses incurred by or on behalf of Owner. If the Equipment is not reclaimed by Tenant within forty-five (45) days of its removal from the Site, Owner has the right to sell the Equipment and deduct therefrom any amounts due under this Agreement, returning the remainder to Tenant. Upon written notice by Owner to Tenant not less than five (5) business days beforehand, unless such notice cannot reasonably be provided in which event Owner will give Tenant the earliest possible reasonable notice, Tenant will cooperate with Owner in rescheduling its transmitting activities, reducing power, or interrupting its activities for limited periods of time in the event of an emergency or in order to permit the safe installation of new equipment or new facilities at the Site or to permit repair to facilities of any user of the Site or to the related facilities. Tenant: Augusta, Georgia Information Technology 535 Telfair Street, Building 2000 Augusta, Georgia 30901 Attn: Tameka Allen, Director Owner: SBA Structures, LLC 8051 Congress Avenue 2nd Floor Boca Raton, FL 33487-1307 Attn: Site Administration RE: GA20009-A-37/Barton Chapel 2, GA Rental Payments: SBA Structures, LLC PO Box 952448 St. Louis, MO 63195-2448 Attn: Accounts Receivable RE: GA20009-A-37/Barton Chapel 2, GA Site ID: GA20009-A-37 Tenant Site ID: Barton Chapel Site Name: Barton Chapel 2, GA Tenant Site Name: Barton Chapel Other - ANTSITE 3-5-10 (Rev. 3.13.15) 3 Tenant Initials:____ Owner Initials:____ November 13, 2019 10. Compliance with Laws. Tenant agrees to take the Site in strictly “as is” condition. Owner represents that the Site, its property contiguous thereto, and all improvements located thereon, are in substantial compliance with building, life/safety, disability and other laws, codes and regulations of applicable governmental authorities. Tenant will substantially comply with all applicable laws relating to its possession and use of the Site and its Equipment. Upon request by Owner, Tenant will produce satisfactory evidence that all Equipment installed at the Site complies with federal regulations pertaining to radio-frequency radiation standards and is licensed with the FCC, if applicable. Owner accepts responsibility for the Site’s compliance with all tower or building marking and lighting regulations promulgated by the Federal Aviation Administration “FAA” or the Federal Communications Commission “FCC,” as applicable. Owner represents and warrants that the Site complies with all applicable tower or building marking or lighting regulations promulgated by the FAA or the FCC. Owner agrees that Tenant may install, at Tenant’s sole cost and expense as required for Tenant’s Equipment, a tower lighting alarm monitoring system (including, but not limited to, commercial power and a dedicated surveillance telephone line) to monitor the status of the tower/building lighting. Owner shall be solely responsible for reporting any lighting outages or malfunctions to the appropriate governmental authorities. Tenant’s installation of such tower/building lighting alarm monitoring system will not relieve Owner of its primary responsibility for compliance with all applicable tower or building marking and lighting requirements. If Tenant installs a temporary generator as described above or contracts with Owner to place a permanent generator at the Site, (i) Owner and Tenant acknowledge that Tenant must comply with all applicable laws and regulations concerning the installation, operation, maintenance and removal of Tenant’s generator and/or back up power supply including but not limited to obtaining any and all necessary government approvals and permits, and (ii) Tenant agrees to indemnify, defend and hold harmless Owner for any and all costs, claims, administrative orders, causes of action, fines and penalties which arise out of the installation, operation, maintenance and removal of the generator and or back up power supply used solely by Tenant, and (iii) Upon request of Owner, Tenant agrees to provide Owner with all relevant information concerning the Tenant’s generator and/or back up power supply necessary for Owner to comply with any reporting obligations for which Owner, but not Tenant, is responsible as a result of statute or regulation. 11. Insurance. Tenant will procure and maintain a public liability policy, with limits of not less than $1,000,000 for bodily injury, $1,000,000 for property damage, $2,000,000 aggregate, which minimum Owner may require adjusting at each renewal term, with a certificate of insurance to be furnished to Owner within thirty (30) days of execution of this Agreement and prior to performing any work. Such policy will provide that cancellation will not occur without at least fifteen (15) days prior written notice to Owner. Tenant will cause Owner to be named as an additional insured on such policy. 12. Interference. Tenant understands that it is the intent of Owner to accommodate as many users as possible and that Owner may rent space to any other entity or person(s) desiring its facilities. Tenant shall not cause, by its transmitter or other activities, including the addition of any equipment at a future date, interference to Owner or other tenants that have previously commenced rental payments. Tenant shall provide Owner with a list of frequencies to be used at the Site prior to putting said frequencies into operation. If interference occurs which involves Tenant, Owner may require that an intermodulation study be conducted at Tenant’s cost. If Owner determines that the interference is the responsibility of Tenant, Owner will notify Tenant and Tenant shall have five (5) business days from date of notice to correct the interference and if not corrected, Tenant shall cease, and Owner shall have all rights to any legal means necessary including injunctive relief and self-help remedies to cause Tenant to cease transmission, except for intermittent testing for the purpose of correcting the interference. If interference cannot be corrected within sixty (60) calendar days from Tenant’s receipt of Owner’s notice, then Owner may terminate this Agreement without further obligations to Tenant. Further, if Owner determines that another tenant at the Site is causing interference to Tenant and the interference is not corrected within sixty (60) days from Owner’s determination, and such interference precludes Tenant from using the Site for its intended purpose, Tenant may terminate this Agreement. Owner will require substantially similar interference language as outlined in this paragraph in all future Tenant Agreements related to this Site. 13. Utilities. Tenant will pay for all utilities used by it at the Site and Tenant will install its own electric meter. Tenant will be responsible directly to the appropriate utility companies for all utilities required for Tenant’s use of the Site. However, Owner agrees to cooperate with Tenant, at Tenant’s expense, in its efforts to obtain utilities from any location provided by the Owner or the servicing utility. Temporary interruption in the power provided by the facilities will not render Owner liable in any respect for damages to either person or property nor relieve Tenant from fulfillment of any covenant or agreement hereof. If any of Tenant’s communications Equipment fails because of loss of any electrical power, and the restoration of the electrical power is within the Site ID: GA20009-A-37 Tenant Site ID: Barton Chapel Site Name: Barton Chapel 2, GA Tenant Site Name: Barton Chapel Other - ANTSITE 3-5-10 (Rev. 3.13.15) 4 Tenant Initials:____ Owner Initials:____ November 13, 2019 reasonable control of Owner, Owner will use reasonable diligence to restore the electrical power promptly, but will have no claim for damages on account of an interruption in electrical service occasioned thereby or resulting therefrom. 14. Relocation Right. If determined necessary by Owner to relocate the tower, Owner will have the right to pursue relocation of the telecommunications facility of Tenant, or any part thereof, to an alternate tower location (“Relocation Site”) on Owner’s property; provided, however, that such relocation will (i) be at Owner's sole cost and expense, (ii) not unreasonably result in any interruption of the communications service provided by Tenant on Owner’s property, and (iii) not impair, or in any manner alter, the quality of communications service provided by Tenant on and from Owner’s property. Before pursuing relocation under this Section 14, Owner will deliver written notice to Tenant. In the notice, Owner will propose an alternate site on Owner’s property to which Tenant may relocate its Equipment. Tenant will have sixty (60) days from the date it receives the notice to evaluate Owner’s proposed Relocation Site, during which period Tenant will have the right to conduct tests to determine the technological feasibility of the proposed Relocation Site. Failure to respond in writing within the sixty (60) day period will be deemed an approval. If Tenant disapproves such Relocation Site, then Owner may thereafter propose another Relocation Site by notice to Tenant in the manner set forth above. Tenant’s disapproval of a Relocation Site must be reasonable. If Tenant disapproves Owner’s second Relocation Site, then Tenant has the right to terminate this Agreement upon 30 days’ notice in writing to Owner, and, if termination notice is given, all other obligations Tenant may have are terminated, and any rent paid in advance is to be returned to Tenant pro rata. If Tenant approves of a Relocation Site, then Tenant will have a period of ninety (90) days after completion of the Relocation Site to relocate its Equipment at Owner’s expense to the Relocation Site. Owner and Tenant hereby agree that the Relocation Site (including the access and utility right-of-way) may be surveyed by a licensed surveyor at the sole cost of Owner, and such survey will then supplement Exhibit A and become a part hereof. 15. Termination by Tenant. Tenant may terminate this Agreement at any time by notice to Owner without further liability if (i) Owner fails to have proper possession of the Site or authority to enter into this Agreement; (ii) Tenant does not obtain, after making diligent efforts, all permits or other approvals (collectively, “approval”) required from any governmental authority or any easements required from any third party to operate the telecommunications system facility, or if any such approval is canceled, expires, is withdrawn or terminated by such governmental authority or third party following Tenant’s diligent efforts to maintain such approval; or (iii) after the Initial Term, Tenant may terminate this Agreement with one hundred eighty (180) days prior written notice to Owner. 16. Default. If the Rent or other amount due hereunder is not paid in accordance with the terms hereof, Tenant will pay interest on the past due amounts at the lesser of (i) the rate of one and one-half percent (1.5%) per month, or (ii) the maximum interest rate permitted by applicable law, unless Tenant is exempt by law. If either party is in default under this Agreement for a period of (a) ten (10) days following receipt of notice from the non-defaulting party with respect to a default which may be cured solely by the payment of money, or (b) thirty (30) days following receipt of notice from the non- defaulting party with respect to a default which may not be cured solely by the payment of money, then, in either event, the non-defaulting party may pursue any remedies available to it against the defaulting party under applicable law, including, but not limited to, the right to terminate this Agreement. Further, Owner may accelerate and declare the entire unpaid Rent for the balance of the existing Term to be immediately due and payable forthwith. If the non-monetary default may not reasonably be cured within a thirty (30) day period, this Agreement may not be terminated if the defaulting party commences action to cure the default within such thirty (30) day period and proceeds with due diligence to fully cure the default. 17. Taxes. Tenant shall pay all taxes, including, without limitation, sales, use and excise taxes, and all fees, assessments and any other cost or expense now or hereafter imposed by any government authority in connection with Tenant’s payments to Owner, Tenant’s Equipment or Tenant’s use of the Site. In addition, Tenant shall pay that portion, if any, of the personal property taxes or other taxes attributable to Tenant’s Equipment. Tenant shall pay as additional rent any increase in real estate taxes levied against the Site and Tenant’s Equipment attributable to the Tenant’s use and occupancy of the Site. Payment shall be made by Tenant within fifteen (15) days after presentation of receipted bill and/or assessment notice which is the basis for the demand. 18. Indemnity. Owner and Tenant each indemnifies the other against and holds the other harmless from any and all costs (including reasonable attorneys’ fees and costs) and claims of liability or loss which arise out of the use and/or occupancy of the Site by the indemnifying party including, without limitation, any damage occurring outside of the Site in connection with Tenant’s installation of Equipment. This indemnity does not apply to any claims arising from the gross negligence or intentional misconduct of the indemnified party. Except for its own acts of gross negligence or intentional misconduct, Owner will have no liability for Site ID: GA20009-A-37 Tenant Site ID: Barton Chapel Site Name: Barton Chapel 2, GA Tenant Site Name: Barton Chapel Other - ANTSITE 3-5-10 (Rev. 3.13.15) 5 Tenant Initials:____ Owner Initials:____ November 13, 2019 any loss or damage due to personal injury or death, property damage, loss of revenues due to discontinuance of operations at the Site, libel or slander, or imperfect or unsatisfactory communications experienced by the Tenant for any reason whatsoever. 19. Hazardous Substances. Owner represents that it has no knowledge of any substance, chemical or waste (collectively, “substance”) on the Site that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation. Tenant or Owner will not introduce or use any such substance on the Site in violation of any applicable law, or permit any discharge or release of such substance on the Site. 20. Liens. Tenant will not permit any mechanics, materialman’s or other liens to stand against the Site for any labor or material furnished by Tenant in connection with work of any character performed on the Site by or at the direction of the Tenant. In the event that any notice of lien will be filed or given, Tenant will, within thirty (30) days after the date of filing cause the same to be released or discharged by either payment, deposit, or bond. Owner will be indemnified by Tenant from and against any losses, damages, costs, expenses, fees or penalties suffered or incurred by Owner on account of the filing of the claim or lien. 21. Casualty or Condemnation. In the event of any damage, destruction or condemnation of the Site, or any part thereof, not caused by Tenant that renders the Site unusable or inoperable, Owner will have the right, but not the obligation, to provide an alternate location, whether on the same Site or another Site, or to terminate this Agreement within thirty (30) days after the damage, destruction or condemnation. If Owner does not terminate this Agreement: (i) the Rent payable hereunder will be reduced or abated in proportion to the actual reduction or abatement of use of the Site by Tenant; and (ii) Owner will make any necessary repairs to the Site caused by the damage or destruction and will be entitled to use any and all insurance proceeds to pay for any repairs. In the event Owner has not proceeded to repair, replace or rebuild the Site within sixty (60) days after the damage or destruction, after giving thirty (30) days written notice and Owner’s failure to comply within that time frame, then Tenant may terminate this Agreement. Owner will in no event be liable to Tenant for any damage to or loss of Tenant’s Equipment, or loss or damage sustained by reason of any business interruption suffered by reason of any condemnation, act of God, by Tenant’s act or omission, or Tenant’s violation of any of the terms, covenants or conditions of this Agreement, (unless caused solely by Owner’s intentional misconduct or gross negligence). The terms and conditions of this Section 21 shall survive the termination of this Lease. Owner acknowledges that Tenant may have certain emergency procedures that Tenant may desire to implement, including the temporary location of a cell on wheels on the Site, in the event of a casualty. To the extent possible, Owner will cooperate with Tenant in Tenant’s implementation of its emergency responses as the same may exist from time to time. 22. Confidentiality. Tenant agrees not to discuss publicly, advertise, nor publish in any newspaper, journal, periodical, magazine, or other form of mass media, the terms or conditions of this Agreement or the underlying ground lease, except as required by law. Doing so shall constitute a default under this Agreement immediately. It is agreeable that Tenant will not discuss terms and conditions with any parties not directly involved with this Agreement. 23. Bankruptcy and Insolvency. Owner and Tenant agree that this Agreement constitutes a lease of non- residential real property for the purposes of 11 U.S.C. § 365 (d) (4) or any such successor provision. 24. Miscellaneous. (a) This Agreement applies to and binds the heirs, successors, executors, administrators and assigns of the parties to this Agreement; (b) This Agreement is governed by the laws of the State in which the Site is located; (c) If requested by Tenant, Owner agrees to promptly execute and deliver to Tenant a recordable Memorandum of this Agreement in the form of Exhibit C; (d) This Agreement (including the Exhibits) constitutes the entire Agreement between the parties and supersedes all prior written and verbal agreements, representations, promises or understandings between the parties, particularly related but not limited to Tenant’s equipment rights on the tower and/or at the Site. Any amendments to this Agreement must be in writing and executed by both parties; (e) If any provision of this Agreement is invalid or unenforceable with respect to any party, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, will not be affected and each provision of this Agreement will be valid and enforceable to the fullest extent permitted by law; (f) The prevailing party in any action or proceeding in court or mutually agreed upon arbitration proceeding to enforce the terms of this Agreement is entitled to receive its reasonable attorneys’ fees and other reasonable enforcement costs and expenses from the non-prevailing party; (g) Failure or delay on the part of Tenant or Owner to exercise any right, power, or privilege hereunder will not operate as a waiver thereof; waiver of a breach of any provision hereof under any circumstances will not constitute a waiver of any subsequent breach of the provision, or of a breach of any other provision of this Agreement; (h) Tenant agrees and acknowledges that, in conjunction with other broadcast entities which may transmit from the Site, if necessary due to FCC RF emission standards and upon reasonable notice, Tenant shall reduce power Site ID: GA20009-A-37 Tenant Site ID: Barton Chapel Site Name: Barton Chapel 2, GA Tenant Site Name: Barton Chapel Other - ANTSITE 3-5-10 (Rev. 3.13.15) 6 Tenant Initials:____ Owner Initials:____ November 13, 2019 or terminate station operations to prevent possible overexposure of worker to RF radiation; and (i) Richmond County Superior Court or the United States District Court for the Southern District of Georgia, Augusta Division shall be the venue for any dispute between the parties. The Addendum and the following Exhibits are attached to and made a part of this Agreement: Exhibit “A” (Site Description), “B” (Antenna and Equipment List), “C” (Memorandum of Antenna Site Agreement) and “D” (Minimum Installation, Occupancy…). Site ID: GA20009-A-37 Tenant Site ID: Barton Chapel Site Name: Barton Chapel 2, GA Tenant Site Name: Barton Chapel Other - ANTSITE 3-5-10 (Rev. 3.13.15) 7 Tenant Initials:____ Owner Initials:____ November 13, 2019 TENANT: AUGUSTA, GEORGIA, a political subdivision of the State of Georgia Fed Tax ID: 58-2204274 By: Hardie Davis, Jr. Address: Information Technology Title: Mayor 535 Telfair Street, Building 2000 Augusta, GA 30901 Date: / ______________________________________ Witness: _____________________________________ Witness: TENANT NOTARY BLOCK: STATE OF ______________________ COUNTY OF _______________ The foregoing instrument was acknowledged before me this _____ day of _______________, 2019, by Hardie Davis, Jr., Mayor of Augusta, Georgia, a political subdivision of the State of Georgia who is personally known to me or produced ____________________ as identification. NOTARIAL SEAL (OFFICIAL NOTARY SIGNATURE) NOTARY PUBLIC—STATE OF _______ My commission expires: (NAME OF NOTARY) COMMISSION NUMBER: ____________ OWNER: SBA STRUCTURES, LLC, a Delaware limited liability company / Fed Tax ID: 13-2623598 By: Jason Silberstein Address: 8051 Congress Avenue Title: Executive Vice President, Site Leasing 2nd Floor Date: / ______________________________________ Boca Raton, FL 33487-1307 Witness: _____________________________________ Witness: OWNER NOTARY BLOCK: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this __ day of __________, 2019, by Jason Silberstein, Executive Vice President, Site Leasing of SBA Structures, LLC, a Delaware limited liability company who is personally known to me. NOTARIAL SEAL (OFFICIAL NOTARY SIGNATURE) NOTARY PUBLIC—STATE OF FLORIDA My commission expires: ___________________ (NAME OF NOTARY) COMMISSION NUMBER: ____________ Site ID: GA20009-A-37 Tenant Site ID: Barton Chapel Site Name: Barton Chapel 2, GA Tenant Site Name: Barton Chapel Other - ANTSITE 3-5-10 (Rev. 3.13.15) 8 Tenant Initials:____ Owner Initials:____ November 13, 2019 ADDENDUM TO ANTENNA SITE AGREEMENT This addendum is annexed to and forms a part of a certain Antenna Site Agreement (the "Agreement”) dated ________________, 2019 by and between SBA STRUCTURES, LLC (“Owner”) and AUGUSTA, GEORGIA (“Tenant”). IN THE EVENT THAT ANY OF THE TERMS AND CONDITIONS HEREINAFTER SET FORTH CONFLICT WITH THE TERMS AND CONDITIONS OF THE AGREEMENT TO WHICH IT IS ANNEXED, THE TERMS AND CONDITIONS OF THIS ADDENDUM SHALL GOVERN AND BE DEEMED TO AMEND CONFLICTING PROVISIONS OF SAID AGREEMENT. AS USED IN THIS ADDENDUM, ALL CAPITALIZED TERMS SHALL HAVE THE SAME DEFINITION AS IN THE AGREEMENT TO WHICH IT REFERS EXCEPT TO THE EXTENT SUCH DEFINITIONS ARE HEREIN AMENDED. Owner and Tenant hereby agree to the following additional or amended terms and conditions: 1. Owner and Tenant acknowledge that Tenant shall be solely responsible for all costs and expenses associated with the compound expansion and such costs shall include, but not be limited to, fencing replacement and additional materials and plans. 2. All work on the expansion will be at Tenant’s sole cost and expense and performed by Owner or one of its affiliates or subsidiaries. 3. Owner and Tenant acknowledge that Owner shall perform or shall have performed a structural analysis on the tower with respect to Tenant’s installation of its Equipment as set forth in Exhibit B attached to this Agreement. 4. Tenant agrees that it shall be solely responsible for all costs associated with the structural analysis and foundation study, if deemed necessary. 5. In the event the tower or foundation shall need to be reinforced prior to the installation of Tenant’s Equipment, all modifications and/or reinforcement of or other work on the tower, foundation and the installation of Tenant’s Equipment on the tower will be at Tenant’s sole cost and expense and performed by Owner or one of its affiliates or subsidiaries. 6. Owner shall perform or shall have performed all such work in accordance with the structural analysis. 7. In the event a pre-construction passing structural analysis is received for the Equipment set forth on Exhibit B, Tenant shall not be responsible for any costs related to modifications or reinforcement of the tower and any reference above to such effect shall be deemed null and void. Except as amended by the Addendum to the Agreement, the terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have set their hands as of the date set forth above. TENANT: AUGUSTA, GEORGIA _______________________________________ By: Hardie Davis, Jr. Title: Mayor OWNER: SBA STRUCTURES, LLC ________________________________________ By: Jason Silberstein Executive Vice President, Site Leasing Site ID: GA20009-A-37 Tenant Site ID: Barton Chapel Site Name: Barton Chapel 2, GA Tenant Site Name: Barton Chapel Other - ANTSITE 3-5-10 (Rev. 3.13.15) 9 Tenant Initials:____ Owner Initials:____ November 13, 2019 EXHIBIT A SITE DESCRIPTION Site located at: 2400 Barton Chapel Road, situated in the City of Augusta, County of Richmond, State of Georgia 30906 Legal Description: Latitude: 33° 26' 17.97" Longitude: -82° 5' 18.43" Site ID: GA20009-A-37 Tenant Site ID: Barton Chapel Site Name: Barton Chapel 2, GA Tenant Site Name: Barton Chapel Other - ANTSITE 3-5-10 (Rev. 3.13.15) 10 Tenant Initials:____ Owner Initials:____ November 13, 2019 Site ID: GA20009-A-37 Tenant Site ID: Barton Chapel Site Name: Barton Chapel 2, GA Tenant Site Name: Barton Chapel Other - ANTSITE 3-5-10 (Rev. 3.13.15) 11 Tenant Initials:____ Owner Initials:____ November 13, 2019 Site ID: GA20009-A-37 Tenant Site ID: Barton Chapel Site Name: Barton Chapel 2, GA Tenant Site Name: Barton Chapel Other - ANTSITE 3-5-10 (Rev. 3.13.15) 12 Tenant Initials:____ Owner Initials:____ November 13, 2019 EXHIBIT C MEMORANDUM OF ANTENNA SITE AGREEMENT Site ID: GA20009-A-37 Tenant Site ID: Barton Chapel Site Name: Barton Chapel 2, GA Tenant Site Name: Barton Chapel Other - ANTSITE 3-5-10 (Rev. 3.13.15) 13 Tenant Initials:____ Owner Initials:____ November 13, 2019 After recording return to: STATE OF GEORGIA COUNTY OF RICHMOND MEMORANDUM OF ANTENNA SITE AGREEMENT This memorandum evidences that a lease was made and entered into by written ANTENNA SITE AGREEMENT dated ______________________, 2019, between SBA STRUCTURES, LLC, a Delaware limited liability company “Owner” and AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, “Tenant”, the terms and conditions of which are incorporated herein by reference. Such Agreement provides in part that Owner leases to Tenant a ground space area which is described in Exhibit A attached hereto consisting of approximately 376 square feet at that certain site “Site” located at 2400 Barton Chapel Road, City of Augusta, County of Richmond, State of Georgia 30906, within the property of or under the control of Owner, with grant of easement for unrestricted rights of access thereto and to electric and telephone facilities for a term of one (1) year commencing on __________________, 2019, which term is subject to ten (10) additional one (1) year extension periods by Tenant. IN WITNESS WHEREOF, the parties have executed this Memorandum as of the day and year first above written. TENANT: AUGUSTA, GEORGIA, a political subdivision of the State of Georgia __________________________________________ /SIGNER3/ Witness:________________________________ By: Hardie Davis, Jr. Title: Mayor Print Name:______________________________ Fed Tax ID: 58-2204274 Address: Information Technology 535Telfair Street, Building 2000 Witness:_________________________________ Augusta, GA 30901 Print Name:______________________________ Date: ______________________/SIGNER3_DATE/ Site ID: GA20009-A-37 Tenant Site ID: Barton Chapel Site Name: Barton Chapel 2, GA Tenant Site Name: Barton Chapel Other - ANTSITE 3-5-10 (Rev. 3.13.15) 14 Tenant Initials:____ Owner Initials:____ November 13, 2019 MEMORANDUM OF ANTENNA SITE AGREEMENT CONTINUED TENANT NOTARY BLOCK: STATE OF _____________________________ COUNTY OF ____________________________ The foregoing instrument was acknowledged before me this _____ day of ____________________, 20___, by Hardie Davis, Jr., Mayor of Augusta, Georgia, a political subdivision of the State of Georgia, who is personally known to me or produced ____________________ as identification. NOTARIAL SEAL (OFFICIAL NOTARY SIGNATURE) NOTARY PUBLIC—STATE OF ______________ My commission expires: ___________________ (NAME OF NOTARY) COMMISSION NUMBER: __________________ OWNER: SBA STRUCTURES LLC, a Delaware limited liability company _________________________________________ /SIGNER1/ Witness:______________________________ By: Jason Silberstein Title: Executive Vice President, Site Leasing Print Name:____________________________ Fed Tax ID: 13-2623598 Address: 8051 Congress Avenue 2nd Floor Boca Raton, FL 33487-1307 Witness:______________________________ Date: /SIGNER1_DATE/ Print Name:_____________________________ OWNER NOTARY BLOCK: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ____ day of ______________________, 20__, by Jason Silberstein, Executive Vice President, Site Leasing of SBA Structures, LLC, a Delaware limited liability company who is personally known to me. NOTARY PUBLIC - STATE OF FLORIDA My commission expires: Printed Name of Notary Site ID: GA20009-A-37 Tenant Site ID: Barton Chapel Site Name: Barton Chapel 2, GA Tenant Site Name: Barton Chapel Other - ANTSITE 3-5-10 (Rev. 3.13.15) 15 Tenant Initials:____ Owner Initials:____ November 13, 2019 EXHIBIT D MINIMUM SITE INSTALLATION, OCCUPANCY AND MAINTENANCE REQUIREMENTS AND SPECIFICATIONS Pre-Installation Standards 1. Prior to installation, Tenant must provide Owner with complete plans for approval, including list of proposed Equipment and subcontractors. No work may be performed until approval has been given and all criteria have been met. All Equipment must be placed in approved locations only, and Owner must approve any changes before the installation begins. The Owner or its representative shall have the right to be on site during any work on the Site. Owner to provide price quote for installation services based on Tenant’s scope of work. Installation 2. (a) The following minimum protective devices must be properly installed: (1) Lightning arrestors in feedline at wall feedthru ports (SBA multi-tenant buildings). (PCS providers install jumpers to extend/connect to cabinet like enclosures). (2) Surge protectors in any AC & phone line circuit. (3) Transmitter RF shielding. (Must be in place during operation) (4) Isolator/harmonic filter. (Must be in place during operation) (5) Duplexer or cavity bandpass filter. (Must be in place during operation) (b) All Equipment, including transmitters, duplexers, isolators and multicouplers, must be housed in a metal cabinet or rack mounted. No control stations or inverted transmit/receive frequency pairs are allowed on repeater sites. (c) All transmission lines entering the shelter must be 1/2" Heliax/Wellflex or better via a wall feedthru plate and must terminate in a properly installed lightning arrestor with an ID tag on both ends of the line. (d) Solid outer shield cable such as Superflex or Heliax/Wellflex must be used for all intercabling outside the cabinet. Under no circumstances will the use of foil shielded or braided RF cable (e.g; RGB) be permitted outside the cabinet except for RG-6 quad shield cable installed on satellite receive only systems. (e) All antenna, power and phone cables will be routed and properly supported to the base station in a neat manner using routes provided for that purpose. Tenant will provide individual Transient (SAD) surge protection to each circuit used. All phone lines will have (SAD) transient surge protection installed. All wiring and installation will be by means of clamping or strapping and in no event will any members or other parts of the tower be drilled, welded, punched or otherwise mutilated or altered. (f) All Tenants are to obtain power from the power panel and/or AC receptacle provided for their specific use. (g) All outside RF equipment cabinets must be grounded to the Site ground system using #2 solid tinned wire with cadweld, silver solder connections, or 2 hole lugs with Burndy type compression fittings. All inside RF equipment cabinets must be grounded to the Site ground system using #2, or #6 green jacketed stranded wire with silver solder connections, or 2 hole lugs with Burndy type compression fittings. (h) All antenna lines will be electrically bonded to the tower at the antenna and at the bottom of the tower using grounding kits installed per manufacturer specifications and all antenna brackets must be pre-approved. All antenna lines entering the Site will have COAX center pin lightning protection installed within two feet from the entry port and grounded to master ground bar in the Site ground system. (i) All equipment cabinets will be identified with a typed label under plastic on which the Tenant’s name, address, 24 hour phone number, call sign, and frequencies will be inscribed, in addition to a copy of Tenant’s FCC license. (j) Monitor speakers will be disabled except when maintenance is being performed. All antenna lines will be tagged within 12 inches of the termination of the feeder cable at both ends, at the entrance to the building, at repeater or base station cabinet, and at the multicoupler/combiner ports. (k) All ferrous metals located outside of the building or on the tower will be either stainless steel or hot dipped galvanized, not plated. Painted towers will require the painting of feedlines by the Tenant, unless installed by Owner, prior to or before completion of the install. All transmission lines are to be secured with factory hoist grips every 150’ and secured to the tower or cable ladder with stainless steel and/or hot dipped galvanized hardware. Plastic wraps and/or bandit type hangers will not be accepted. Site ID: GA20009-A-37 Tenant Site ID: Barton Chapel Site Name: Barton Chapel 2, GA Tenant Site Name: Barton Chapel Other - ANTSITE 3-5-10 (Rev. 3.13.15) 16 Tenant Initials:____ Owner Initials:____ November 13, 2019 General 3. Tenant must comply with any applicable instructions regarding any Site security system. (a) Gates will remain closed at all times unless entering or exiting the premises. When leaving the shelter, ensure that all doors are locked and, if there is a security system, it is armed. (b) Any tower elevator may be used only after receiving proper instruction on its use, signing a waiver and receiving authorization from the Owner. (c) This Agreement does not guarantee parking space. If space is available, park only in the designated areas. Do not park so as to block any ingress or egress except as may be necessary to load or unload equipment. Parking is for temporary use while working at the Site. (d) Do not adjust or tamper with thermostats or HVAC systems. (e) Access to the shelter roof is restricted to authorized maintenance personnel. Site ID: GA20009-A-37 Tenant Site ID: Barton Chapel Site Name: Barton Chapel 2, GA Tenant Site Name: Barton Chapel 1 November 13, 2019 After recording return to: STATE OF GEORGIA COUNTY OF RICHMOND MEMORANDUM OF ANTENNA SITE AGREEMENT This memorandum evidences that a lease was made and entered into by written ANTENNA SITE AGREEMENT dated ______________________, 2019, between SBA STRUCTURES, LLC, a Delaware limited liability company “Owner” and AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, “Tenant”, the terms and conditions of which are incorporated herein by reference. Such Agreement provides in part that Owner leases to Tenant a ground space area which is described in Exhibit A attached hereto consisting of approximately 376 square feet at that certain site “Site” located at 2400 Barton Chapel Road, City of Augusta, County of Richmond, State of Georgia 30906, within the property of or under the control of Owner, with grant of easement for unrestricted rights of access thereto and to electric and telephone facilities for a term of one (1) year commencing on __________________, 2019, which term is subject to ten (10) additional one (1) year extension periods by Tenant. IN WITNESS WHEREOF, the parties have executed this Memorandum as of the day and year first above written. TENANT: AUGUSTA, GEORGIA, a political subdivision of the State of Georgia __________________________________________ /SIGNER3/ Witness:________________________________ By: Hardie Davis, Jr. Title: Mayor Print Name:______________________________ Fed Tax ID: 58-2204274 Address: Information Technology 535Telfair Street, Building 2000 Witness:_________________________________ Augusta, GA 30901 Print Name:______________________________ Date: ______________________/SIGNER3_DATE/ Site ID: GA20009-A-37 Tenant Site ID: Barton Chapel Site Name: Barton Chapel 2, GA Tenant Site Name: Barton Chapel 2 November 13, 2019 MEMORANDUM OF ANTENNA SITE AGREEMENT CONTINUED TENANT NOTARY BLOCK: STATE OF _____________________________ COUNTY OF ____________________________ The foregoing instrument was acknowledged before me this _____ day of ____________________, 20___, by Hardie Davis, Jr., Mayor of Augusta, Georgia, a political subdivision of the State of Georgia, who is personally known to me or produced ____________________ as identification. NOTARIAL SEAL (OFFICIAL NOTARY SIGNATURE) NOTARY PUBLIC—STATE OF ______________ My commission expires: ___________________ (NAME OF NOTARY) COMMISSION NUMBER: __________________ OWNER: SBA STRUCTURES LLC, a Delaware limited liability company _________________________________________ /SIGNER1/ Witness:______________________________ By: Jason Silberstein Title: Executive Vice President, Site Leasing Print Name:____________________________ Fed Tax ID: 13-2623598 Address: 8051 Congress Avenue 2nd Floor Boca Raton, FL 33487-1307 Witness:______________________________ Date: /SIGNER1_DATE/ Print Name:_____________________________ OWNER NOTARY BLOCK: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ____ day of ______________________, 20__, by Jason Silberstein, Executive Vice President, Site Leasing of SBA Structures, LLC, a Delaware limited liability company who is personally known to me. NOTARY PUBLIC - STATE OF FLORIDA My commission expires: Printed Name of Notary Customer Site Name: Hephzibah Crown Site Name: Hephzibah (Old Waynesboro Rd.) Customer Site No.: N/A JDE Business Unit: 870194 Customer Type: Government License Identifier: 705228 Type of Site: Crown Site TT: E 1532037 Prepared by: K Broach App Rev #: 6 Prepared on: 6/3/2019 LRF Rev #: 4 Revised on: 11/12/2019 CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 1 [[QAA]] [[QAD]] TOWER SITE LICENSE AGREEMENT (LICENSE FOR USE OF TOWER AND GROUND SPACE) THIS TOWER SITE LICENSE AGREEMENT (this “Agreement”) is entered into as of this ______ day of [[Preamb leMon th ]]_________, [[Preamb leYear]]____ (the “Effective Date”), between Pinnacle Towers LLC, a [[Preamb leDay ]] Delaware limited liability company (Pinnacle Towers Inc., a Delaware corporation, was converted pursuant to Delaware law to Pinnacle Towers LLC, effective April 7, 2004), with a place of business at 2000 Corporate Drive, Canonsburg, Washington County, Pennsylvania 15317 (“Licensor”), and Augusta, Georgia, a political subdivision of the State of Georgia, with its principal place of business at 535 Telfair Street, Building 2000, Augusta, Georgia 30901 (“Licensee”). The parties hereto agree as follows: 1.DEFINITIONS Unless otherwise noted, as used in this Agreement references to Section numbers are to sections in main text of this Agreement, references to Exhibits are to those documents attached to this Agreement, use of “including” and “includes” means a non-exhaustive list of examples, and use of “or” means “and/or”. The following terms as used in this Agreement are defined as follows: “Acquiring Party” means any person acquiring title to Licensor’s interest in the real property of which the Site forms a part through a Conveyance. “Adjusted Fee” means the adjusted Basic Payment or other fee, as applicable, calculated as set forth in Section 5.2 below. “Adjustment Date” means the date on which the Basic Payment and all other fees set forth herein shall be adjusted as set forth in Section 5.2 below. “AM Detuning Study” means a study to determine whether measures must be taken to avoid disturbance of an AM radio station signal pattern. “AM Detuning Study Fee” means the fee payable by Licensee to Licensor to defray Licensor’s costs incurred in preparing or obtaining an AM Detuning Study. The amount of the Fee shall be reasonably commensurate with the scope and complexity of the subject AM Detuning Study. “Base Fee” means the then-current Basic Payment or other fee, as applicable. Customer Site Name: Hephzibah Crown Site Name: Hephzibah (Old Waynesboro Rd.) Customer Site No.: N/A JDE Business Unit: 870194 Customer Type: Government License Identifier: 705228 Type of Site: Crown Site TT: E 1532037 Prepared by: K Broach App Rev #: 6 Prepared on: 6/3/2019 LRF Rev #: 4 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 2 “Basic Payment” means the consideration paid by Licensee for the right to use the Licensed Space as described in Section 5.1 below, which consideration is subject to adjustment as described in Section 5.2 below. “Basic Payment Commencement Date” means the earlier of: i) the first (1st) day of the month following Licensor's issuance of written notice to proceed with the installation of Licensee's Equipment at the Site, or ii) January 1, 2020. “Closeout Documentation” means the as-built drawings and other installation documentation required by Licensor with respect to the subject installation of or Modification to Equipment. “Code” means TIA-222-X, where the “X” refers to whatever revision of TIA-222 is currently adopted by the jurisdiction in which the Site is located. “Conveyance” includes any exercise by a Lender of its rights under the Security Instrument, including a foreclosure, sheriff’s or trustee’s sale under the power of sale contained in the Security Instrument, the termination of any superior lease of the Site and any other transfer, sale or conveyance of the Licensor’s interest in the property of which the Site forms a part under peril of foreclosure or similar remedy, including to the generality of the foregoing, an assignment or sale in lieu of foreclosure or similar remedy. “Crown Castle” means Crown Castle USA Inc. or an affiliate of Crown Castle USA Inc. that is designated by Licensor to perform any Work for Licensee, or to inspect any work that is performed for Licensee, pursuant to Section 2.5 below. “Current Term Expiration Date” means, at any point in time, the last day of the then- current term, whether it is the initial term or a renewal term (if applicable). “Deed” means the deed(s) or other similar prior instrument(s) from which Licensor’s rights in any portion of the Site are derived, together with any restrictive covenants pertaining thereto, whether or not such restrictive covenants are contained in the deed(s) or other similar prior instrument(s) or in a separate prior legal instrument(s). “Equipment” means Licensee’s communications equipment placed on the Site, including Licensee’s antennas, cables, connectors, wires, radios, radio shelter or cabinet and related transmission and reception hardware and software, and other personal property. “Event of Default” means any material breach of this Agreement for which no cure period applies, or any other breach of this Agreement that is not cured within the applicable cure period stipulated herein, as described in Section 13 below. “FAA” means the Federal Aviation Administration. Customer Site Name: Hephzibah Crown Site Name: Hephzibah (Old Waynesboro Rd.) Customer Site No.: N/A JDE Business Unit: 870194 Customer Type: Government License Identifier: 705228 Type of Site: Crown Site TT: E 1532037 Prepared by: K Broach App Rev #: 6 Prepared on: 6/3/2019 LRF Rev #: 4 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 3 “FCC” means the Federal Communications Commission. “Government Entity” means any federal, state or local governmental unit or agency thereof with jurisdiction applicable to the Site. “Grantor” means the grantor named in the Deed, if applicable. “Inspection Fee” means the fee payable by Licensee to Crown Castle in the amount of One Thousand Five Hundred and 00/100 Dollars ($1,500.00) to defray Licensor’s costs associated with Crown Castle’s inspection of any Work not performed by Crown Castle. Said amount is subject to adjustment in accordance with Section 5.2 below. “Installation Standards” means the “Installation Standards for Construction Activities on Crown Castle Tower Sites” or its successor, issued by Licensor (or its affiliates) from time to time, as described in Section 2.2 below. “Intermodulation Study” means a study to determine whether an RF interference problem may arise. “Intermodulation Study Fee” means the fee payable by Licensee to Licensor to defray Licensor’s costs incurred in preparing or obtaining an Intermodulation Study. The amount of the Intermodulation Study Fee shall be reasonably commensurate with the scope and complexity of the subject Intermodulation Study. “Landlord” means the lessor, sublessor, or licensor under the Prime Lease, if applicable. “Laws” means any and all laws, regulations, rules, or requirements promulgated by Government Entities. “Lender” means any and all lenders, creditors, indenture trustees and similar parties. “Licensed Equipment” means, if applicable, Licensee’s permitted equipment installed at the Site that is transmitting or receiving signals within frequencies for which has an FCC license, to the extent that such equipment is transmitting or receiving signals within such frequencies. “Licensed Space” means that portion of the Site that is licensed to Licensee hereunder. “Licensee” means the party named as “Licensee” in the first paragraph hereof and its successors-in-interest. Customer Site Name: Hephzibah Crown Site Name: Hephzibah (Old Waynesboro Rd.) Customer Site No.: N/A JDE Business Unit: 870194 Customer Type: Government License Identifier: 705228 Type of Site: Crown Site TT: E 1532037 Prepared by: K Broach App Rev #: 6 Prepared on: 6/3/2019 LRF Rev #: 4 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 4 “Licensor” means the party named as “Licensor” in the first paragraph hereof and its successors-in-interest. “Modification” means (i) any addition of equipment outside the boundaries of any permitted equipment pads on the ground, (ii) any addition of antennas or antenna structures on the ground or on any equipment pads, (iii) any use of space on the ground or on the tower outside of the Licensed Space, except as otherwise expressly permitted herein, (iv) any change to the shape or location of the Licensed Space on the ground or on the tower, as applicable, (v) the addition of generators or generator fuel tanks in any location, (vi) any addition, modification, or replacement of equipment on the tower other than as may be specified herein, (vii) any change to the frequency ranges specified herein or the use of any frequency outside of the frequency ranges specified herein, or (viii) any use of power in excess of the power level specified herein. Notwithstanding the foregoing, the replacement of any of Licensee’s equipment (if any) on the tower with new, identical equipment (i.e., equipment of the same quantity, make, model, size and weight), in the same location as the previously permitted equipment, shall not constitute a “Modification”, provided that such replacement does not negatively affect the tower’s loading capacity, as determined by Licensor. “Modification Application Fee” means the fee payable by Licensee to Licensor in the amount of Five Hundred and 00/100 Dollars ($500.00) to defray Licensor’s costs incurred in evaluating a Site Engineering Application with respect to a Modification. Said amount is subject to adjustment in accordance with Section 5.2 below. “NTP” means a written notice to proceed. “Pre-Existing Use” means any installation or modified use of Licensor’s or another user’s equipment prior to the installation or modified use of Licensee’s Equipment. “Prime Lease” means the lease(s), sublease(s), or other similar prior agreement(s) from which Licensor’s rights in any portion of the Site are derived, and which may contain restrictions on use of the Site. “Prior Agreement” means, if applicable, any active prior oral or written agreements (as may have been amended or assigned) between Licensor and Licensee to the extent applicable to the Site and the subject matter described herein. “Pro Rata Share” means the fraction or decimal equivalent determined by dividing one (1) by the total number of then-existing users of the Site. In no event shall the Pro Rata Share exceed fifty percent (50%). For the purposes of determining “Pro Rata Share”, Licensor shall be deemed to be a then-existing user of the Site. Customer Site Name: Hephzibah Crown Site Name: Hephzibah (Old Waynesboro Rd.) Customer Site No.: N/A JDE Business Unit: 870194 Customer Type: Government License Identifier: 705228 Type of Site: Crown Site TT: E 1532037 Prepared by: K Broach App Rev #: 6 Prepared on: 6/3/2019 LRF Rev #: 4 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 5 “Regulatory Compliance Costs” means the reasonable costs, including reasonable attorneys’ fees, incurred by Licensor at the Site after the Effective Date in order to comply with any applicable Law. “RF” means radio frequency. “Security Instrument” means any and all mortgages, deeds of trust or other deeds, and any similar security agreements that encumber the Site to secure the debt of Licensor. “Site” means the property referred to in Section 2.1 below, which is owned, leased, or otherwise controlled by Licensor and which contains the Licensed Space. “Services Agreement” means any active agreement(s) between Licensee and Crown Castle with respect to the performance of Work for Licensee by Crown Castle, which active agreement(s) may include, without limitation, any master services agreement, project appendix, purchase order for services, and/or other similar agreement. “Site Application Fee” means, if applicable, the fee paid or payable by Licensee to Licensor to evaluate a Site Engineering Application to determine whether Site has sufficient capacity to accommodate the Equipment described herein. “Site Engineering Application” means the application form (as may be amended by Licensor from time to time), which shall be submitted to Licensor by Licensee when Licensee desires to apply for a license to install or make a Modification to Equipment. The approved Site Engineering Application, if any, for Licensee’s permitted Equipment is referred to in Section 2.2 below and attached to this Agreement as part of Exhibit B. “Site Plan” means the site plan or site sketch, if any, referred to in Section 2.2 below and attached hereto as Exhibit C. “Structural Analysis” means an engineering analysis performed to determine whether the physical and structural capacity of the tower are sufficient to accommodate the proposed tower-mounted Equipment, if any. Such engineering analysis takes into consideration factors such as weight, wind loading and physical space requirements. “Structural Analysis Fee” means the fee payable by Licensee to Licensor in the amount of Two Thousand Five Hundred and 00/100 Dollars ($2,500.00) to defray Licensor’s costs incurred with respect to its performance of a Structural Analysis with respect to the installation of Licensee’s tower-mounted Equipment described herein or with respect to any Modification to Licensee’s Equipment. Said amount is subject to adjustment in accordance with Section 5.2 below. Customer Site Name: Hephzibah Crown Site Name: Hephzibah (Old Waynesboro Rd.) Customer Site No.: N/A JDE Business Unit: 870194 Customer Type: Government License Identifier: 705228 Type of Site: Crown Site TT: E 1532037 Prepared by: K Broach App Rev #: 6 Prepared on: 6/3/2019 LRF Rev #: 4 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 6 “Subsequent Use” means any installation or modified use of Licensor’s or another user’s equipment subsequent to the installation or modified use of the Licensed Equipment as described in Section 6.1 below. “Term” means the term of this Agreement, as set forth in Section 4 below. “Term Commencement Date” means December 31, 2019. “Tower Level Drawing” means the tower level drawing or tower sketch, if any, referred to in Section 2.2 below and attached hereto as part of Exhibit B. “Unlicensed Equipment” means, if applicable, Licensee’s permitted equipment installed at the Site that is transmitting or receiving signals within frequencies that do not require an FCC license, to the extent that such equipment is transmitting or receiving signals within such frequencies. “Work” means the installation of Equipment at the Site, construction of an approved Modification to Equipment at the Site, or removal of Equipment from the Site, as set forth in Section 2.5 below. 2.SITE, LICENSE, EQUIPMENT, LICENSED SPACE, APPLICATION FOR MODIFICATIONS, CONDITIONS PRECEDENT, ACCEPTANCE OF SITE 2.1 The Site. The Site consists of that certain parcel of property, located in the City of Hephzibah, the County of Richmond, and the State of Georgia, which is described in Exhibit A hereto. 2.2 License to Install, Operate and Maintain the Equipment. Licensor hereby grants a license to Licensee to install, operate and maintain the Equipment on the Site within the Licensed Space, as such Equipment and Licensed Space are described in, and subject to, the approved Site Engineering Application and Tower Level Drawing (or other documentation), if applicable, attached hereto as Exhibit B and as shown in the Site Plan (or other documentation), if applicable, attached hereto as Exhibit C. If this Agreement is replacing a Prior Agreement, the parties acknowledge that the Equipment (or a portion thereof) may already be installed on the Site and that Licensee may currently operate and maintain, the Equipment (or a portion thereof) on the Site. Such license is subject to the Installation Standards and restricted exclusively to the installation, operation and maintenance of Equipment consistent with the specifications and in the locations identified in Exhibit B and Exhibit C. 2.2.1 Tower-Mounted Equipment Not Installed Within 180 Days After Commencement of Installation. With respect to the installation of any tower-mounted Equipment not already installed on the Site pursuant to a Prior Agreement, if Licensee fails to install all of its tower- mounted Equipment as described in Exhibit B (or as described in any future amendment for a Modification) within one hundred eighty (180) days after commencement of its initial installation Customer Site Name: Hephzibah Crown Site Name: Hephzibah (Old Waynesboro Rd.) Customer Site No.: N/A JDE Business Unit: 870194 Customer Type: Government License Identifier: 705228 Type of Site: Crown Site TT: E 1532037 Prepared by: K Broach App Rev #: 6 Prepared on: 6/3/2019 LRF Rev #: 4 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 7 of such tower-mounted Equipment, then the right to install any such tower-mounted Equipment not installed shall be deemed waived, with no reduction of the Basic Payment. No capacity or rights will be reserved for future installation of such tower-mounted Equipment after said one hundred eighty (180) day period; provided, however, Licensee may thereafter install the remainder of the permitted but uninstalled tower-mounted Equipment for no increase to the Basic Payment, subject to available capacity at the Site, as determined by Licensor. Licensee shall notify Licensor in writing and coordinate with Licensor prior to installing any portion of the remainder of the permitted but uninstalled tower-mounted Equipment after said one hundred eighty (180) day period. Licensee acknowledges and agrees that Licensor may require that Licensee submit a new Site Engineering Application with respect to the installation of the remainder of such permitted but uninstalled tower-mounted Equipment. In the event that Licensor determines that the Site or tower located thereon cannot accommodate such permitted but uninstalled tower-mounted Equipment without requiring modifications thereto, then the parties may negotiate terms and conditions pursuant to which the modifications to the Site or tower will be made for the purpose of accommodating such permitted but uninstalled tower-mounted Equipment. 2.2.2 Reduction of Available Capacity Due to Change in Applicable Law. If, as a result of any change in the applicable Code after the date of the subject Structural Analysis and prior to Licensee’s completion of installation of any tower-mounted Equipment as described in Exhibit B (or as described in any future amendment for a Modification), Licensor determines that the tower at the Site no longer has sufficient capacity to accommodate any permitted but uninstalled tower- mounted Equipment, then the right to install any such tower-mounted Equipment not installed shall be deemed waived, with no reduction of the Basic Payment. No capacity or rights will be reserved for future installation of such tower-mounted Equipment after such change in such applicable Code; provided, however, the parties may negotiate terms and conditions pursuant to which the modifications to the Site or tower will be made for the purpose of accommodating any such permitted but uninstalled tower-mounted Equipment. 2.3 Application for Modifications. Licensee shall apply to make Modifications by submitting a Site Engineering Application to Licensor together with payment of the Modification Application Fee. A Structural Analysis, AM Detuning Study or an Intermodulation Study may be required by Licensor in connection with a proposed Modification, and Licensee will be liable for the subject Structural Analysis Fee, AM Detuning Study Fee or Intermodulation Study Fee, as applicable. Any approved Modification shall be evidenced by an amendment to this Agreement, and the Site Engineering Application approved by Licensor describing the Modification shall be an exhibit to said amendment. Licensee agrees that any Modification, or change in Licensee’s use of the Licensed Space, as approved herein, may entitle Licensor to additional compensation. Licensor is not obligated to approve applications for Modifications. 2.4 Conditions Precedent to Installation of Equipment or Modification. With respect to the installation of Equipment not already installed on the Site pursuant to a Prior Agreement, and with respect to any Modifications to Equipment, the parties agree that, notwithstanding anything to the contrary herein, Licensee’s right to install Equipment or make a Modification to Equipment at the Site shall not Customer Site Name: Hephzibah Crown Site Name: Hephzibah (Old Waynesboro Rd.) Customer Site No.: N/A JDE Business Unit: 870194 Customer Type: Government License Identifier: 705228 Type of Site: Crown Site TT: E 1532037 Prepared by: K Broach App Rev #: 6 Prepared on: 6/3/2019 LRF Rev #: 4 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 8 commence until the following conditions are satisfied: (i) Licensor has received any written consent required under the Prime Lease or Deed to allow Licensor to license the Licensed Space to Licensee, if such consent is required, or Licensor has determined that no such written consent is required; (ii) a Site Engineering Application for such installation or Modification has been approved by Licensor; (iii) Licensor has received and approved Licensee’s drawings showing the proposed installation of or Modification to the Equipment; (iv) Licensee has received and provided to Licensor (and Licensor has reviewed and accepted) copies of (a) all required permits, if any, for its installation of or Modification to the Equipment and (b) all required regulatory or governmental approvals pertaining to Licensee’s proposed use of the Site; (v)Licensor has received a waiver of any rights of first refusal applicable to the Licensed Space identified in the subject Site Engineering Application; (vi) the Site Application Fee, Modification Application Fee, Structural Analysis Fee, Intermodulation Study Fee and AM Detuning Study Fee, as applicable, have been paid; and (vii) an NTP pertaining to such installation or Modification has been issued by Licensor and fully executed in accordance with Licensor’s NTP process. With respect to Licensee’s initial installation of Equipment on the Site, if any applicable conditions precedent are not satisfied within one hundred eighty (180) days after the date of full execution of this Agreement, either party shall have the right to terminate this Agreement upon written notice to the other party; provided, however, the foregoing right to terminate this Agreement shall expire upon satisfaction of all applicable conditions precedent if said termination right was not previously exercised by either party. Licensor and Licensee shall cooperate to satisfy any conditions precedent. 2.5 Performance of Work. Licensee may engage Crown Castle to install Licensee’s Equipment, to make approved Modifications to Licensee’s Equipment, or to remove Licensee’s Equipment from the Site pursuant to this Section 2 (the “Work”). With respect to each such engagement, Licensee shall pay to Crown Castle a fee equal to the cost of the subject Work plus fifteen percent (15%), except to the extent as may otherwise be set forth in an applicable Services Agreement between Licensee and Crown Castle, and such Work shall otherwise be performed upon other terms mutually agreed upon by Licensee and Crown Castle as set forth in an applicable Services Agreement; provided, however, in the event that Licensee does not engage Crown Castle to perform the Work, Licensee shall (i) only engage a contractor approved by Crown Castle to perform the Work and (ii) pay to Crown Castle the Inspection Fee upon completion of the Work. Notwithstanding Crown Castle’s inspection of any Work not performed by Crown Castle, neither Licensor nor Crown Castle shall in any way be liable for any defect in the Work or any of the materials used, and Licensee shall not rely on Licensor’s inspection of the Work as confirmation that no defects exist. All Work shall be performed in accordance with the standards set forth in the Installation Standards. The foregoing requirement that Licensee only engage Crown Castle or a contractor approved by Crown Castle to perform Work on the Site is a material term of this Agreement. 2.6 Closeout Documentation. In the event that Licensee engages Crown Castle to perform any Work for Licensee pursuant to Section 2.5 above, Licensor shall provide or cause Crown Castle to provide to Licensee all Closeout Documentation with respect to such Work within forty-five (45) days after completion of the Work. In the event that Licensee does not engage Crown Castle to perform any Work for Licensee and Licensee engages a contractor approved by Crown Castle to perform the Work pursuant to Section 2.5 above, Licensee shall provide to Licensor all Closeout Documentation with respect to such Customer Site Name: Hephzibah Crown Site Name: Hephzibah (Old Waynesboro Rd.) Customer Site No.: N/A JDE Business Unit: 870194 Customer Type: Government License Identifier: 705228 Type of Site: Crown Site TT: E 1532037 Prepared by: K Broach App Rev #: 6 Prepared on: 6/3/2019 LRF Rev #: 4 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 9 Work within forty-five (45) days after completion of the Work. Notwithstanding the foregoing, in the event that Licensee fails to provide to Licensor said Closeout Documentation within said forty-five (45) day period, Licensee shall pay to Licensor One Thousand Five Hundred and 00/100 Dollars ($1,500.00) for the purpose of defraying Licensor’s costs associated with preparation of the Closeout Documentation required hereunder. Said amount is subject to adjustment in accordance with Section 5.2 below. 2.7 Licensor’s Remedies for Undocumented Installation or Modification. In the event that Licensee breaches this Agreement by installing Equipment or making a Modification other than as permitted hereunder, it shall constitute a material breach of contract and Licensor shall have the following remedies, notwithstanding any other terms of this Agreement: (i) the right to collect from Licensee an administrative fee equal to six (6) times the monthly portion of the Basic Payment (based on the amount of the Basic Payment at the time of said notice), plus the Modification Application Fee, plus any costs incurred to assess the impact of the unauthorized installation or Modification; (ii) the right to collect from Licensee any direct and consequential damages related to such unauthorized installation or Modification; and (iii) the right to collect the Basic Payment for the Site retroactive to the date of the unauthorized installation or Modification. In the alternative to other remedies available to Licensor hereunder (i.e., the other remedies available to Licensor outside of this Section 2.7), Licensor may terminate this Agreement and require Licensee to immediately vacate the Site. 2.8 Acceptance of Licensed Space and Site. By executing and delivering this Agreement, Licensee: (i) accepts the Licensed Space and Site, including any improvements located thereon, as suitable for the purposes for which the Licensed Space is licensed to Licensee hereunder; (ii) accepts the Licensed Space and Site, including any improvements located thereon, and every part and appurtenance thereof in their “AS IS, WHERE IS” condition; and (iii) waives any claims against Licensor related to defects in the Licensed Space or Site, including any improvements located thereon, and their habitability or suitability for any permitted purposes, except if otherwise expressly provided hereunder. 3.ACCESS, USE OF SITE, ZONING APPROVAL, UTILITIES 3.1 Access to Site. Licensor hereby grants to Licensee a non-exclusive license for pedestrian and vehicular ingress to and egress from the Site over the designated access area to the Site as described in Exhibit A, and non-exclusive license to access Licensor’s utility easement, if any, on a 24 hour per day, 7 day per week basis, subject, however, to any restrictions in the Prime Lease or Deed or any underlying easement, for the purposes of maintaining, operating and repairing the Equipment, together with a license to maintain, operate and repair utility lines, wires, cables, pipes, lines, or any other means of providing utility service, including electric and telephone service, to the Licensed Space. Licensor shall have no duty to remove snow or otherwise maintain the access area; provided, however, in the event that Licensee requires access to the Site but snow or some other obstruction on or in the access area is preventing or otherwise materially hindering Licensee’s access to the Site, then Licensee shall notify Licensor of such snow or other obstruction and Licensor and Licensee shall cooperate with one another for the removal of such snow or other obstruction, on terms mutually agreeable to the parties. Customer Site Name: Hephzibah Crown Site Name: Hephzibah (Old Waynesboro Rd.) Customer Site No.: N/A JDE Business Unit: 870194 Customer Type: Government License Identifier: 705228 Type of Site: Crown Site TT: E 1532037 Prepared by: K Broach App Rev #: 6 Prepared on: 6/3/2019 LRF Rev #: 4 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 10 3.2 Authorized Persons; Safety of Personnel. Licensee’s right of access to the Site shall be limited to contractors approved by Crown Castle or persons under their direct supervision. Licensee shall not allow any person to climb a tower for or on behalf of Licensee without ensuring that such person works for a contractor approved by Crown Castle for the subject Work. The foregoing limitations on Site and tower access are material terms of this Agreement. 3.3 Notice to Licensor. Licensee agrees to provide prior notice of any access to be made by Licensee or its contractors or subcontractors to the Site by calling Licensor’s Network Operations Center at (800) 788-7011 (or by providing notice as otherwise directed by Licensor). For safety reasons, access to the Site is restricted to times when elevated work is not being performed on any tower at the Site by any other person. 3.4 Licensee’s Use of the Site. Licensee shall use the Licensed Space at the Site to install, operate and maintain only the Equipment and shall transmit and receive only within the FCC-licensed or unlicensed frequency ranges specified herein, at the power levels specified herein. 3.5 Permits, Authorizations and Licenses. Except as otherwise agreed by the parties in writing, Licensee shall be solely responsible for obtaining, at its own expense, all required permits, authorizations and licenses (if any) associated with its occupancy of Licensed Space at the Site and utilization of Equipment thereon and shall promptly provide copies thereof to Licensor. 3.6 Zoning Approval. At least seventy-two (72) hours before submitting any zoning application or amendment to the applicable zoning authority in relation to its installation of or Modification to Equipment at the Site, Licensee must provide Licensor with copies of such zoning application or amendment. Licensor shall respond to Licensee with its approval or rejection of such zoning application or amendment within seventy-two (72) hours after its receipt of copies thereof, provided that if Licensor does not respond within said period, Licensor shall be deemed to have approved same. Licensor reserves the right to (i) require that it be named as co-applicant on any such zoning application or amendment or (ii) require revisions to any such zoning application or amendment. Licensor also reserves the right, prior to any decision by the applicable zoning authority, to approve or reject any conditions of approval, limitations or other obligations that would apply to the owner of the Site or property on which the Site is located, or any existing or future Site licensee, as a condition of such zoning authority’s approval; provided, however, Licensor shall not unreasonably withhold or delay approval of any such conditions of approval, limitations or other obligations. Except as otherwise agreed by the parties in writing, Licensee shall be solely responsible for all costs and expenses associated with (a) any zoning application or amendment submitted by Licensee, (b) making any improvements or performing any other obligations required as a condition of approval with respect to same and (c) any other related expenses. 3.7 Utilities. Licensee shall pay for all electricity and other utilities it uses. If separate metering is unavailable, Licensee shall pay a share of such costs as reasonably allocated by Licensor. Customer Site Name: Hephzibah Crown Site Name: Hephzibah (Old Waynesboro Rd.) Customer Site No.: N/A JDE Business Unit: 870194 Customer Type: Government License Identifier: 705228 Type of Site: Crown Site TT: E 1532037 Prepared by: K Broach App Rev #: 6 Prepared on: 6/3/2019 LRF Rev #: 4 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 11 4.1 Term of Agreement. The term of this Agreement shall commence on the Term Commencement Date and continue for a period of fifteen (15) year, subject to the following sentence. This Agreement shall (i) terminate absolutely and without further obligation on the part of either party each and every December 31st, at 11:59 PM, as required by OCGA § 36-60-13, as amended, unless terminated earlier in accordance with the termination provisions of of this Agreement; and (iii) terminate absolutely, with no further renewals, on the last day of the final renewal term as set forth in Section 4.2, below unless extended by written amendment. 4.2 Automatic Term Renewal. The Term shall automatically extend for two (2) renewal period(s) of fifteen (15) year(s) each unless either party provides written notice to the other of its election not to renew the Term, at least One Hundred Twenty (120) days prior to the Current Term Expiration Date; provided, however, in the event that Licensee provides written notice of non-renewal to Licensor in accordance herewith but does not cause its Equipment to be removed from the Site prior to the Current Term Expiration Date, then Section 23 below shall apply with respect thereto. 4.3 Term Subject to Prime Lease. Notwithstanding the foregoing, if a Prime Lease applies to the Site, and the term of the Prime Lease expires or terminates sooner than the expiration or termination of this Agreement, and Licensor has not assigned (and is not obligated to assign) its rights hereunder to Landlord, then the Term of this Agreement shall continue and remain in effect only as long as Licensor retains its interest under the Prime Lease. 5. CONSIDERATION 5.1 Basic Payment. Licensee shall pay to Licensor Two Thousand Five Hundred Fifty and 00/100 Dollars ($2,550.00) per month, subject to adjustment in accordance with Section 5.2 below (the “Basic Payment”), for its license and use of the Licensed Space. The Basic Payment shall be paid in arrears on a net 30 basis and without demand, in equal monthly payments payable on the Basic Payment Commencement Date, and on the first day of each month thereafter continuing for the Term, subject to extensions as provided for herein. Payments shall be made by check payable to Pinnacle Towers LLC, PO Box 409250, Atlanta, GA 30384-9250. Licensee shall include the JDE Business Unit No. 870194 on or with each payment. Payments for any partial month shall be prorated. 5.2 Adjustments to Basic Payment and Other Fees. The Basic Payment and all other fees herein that are expressed as fixed dollar amounts (excluding any fees in this Section 5 other than the Basic Payment that are expressed as fixed dollar amounts) shall be increased (but never decreased) on the first anniversary of the Basic Payment Commencement Date and every anniversary of such date thereafter (the “Adjustment Date”) by three percent (3%). Licensor’s failure to demand any such increase shall not be construed as a waiver of any right thereto and Licensee shall be obligated to remit all increases notwithstanding any lack of notice or demand thereof. Such adjustment to the Basic Payment and other fees shall be calculated by the following formula: 4. TERM Customer Site Name: Hephzibah Crown Site Name: Hephzibah (Old Waynesboro Rd.) Customer Site No.: N/A JDE Business Unit: 870194 Customer Type: Government License Identifier: 705228 Type of Site: Crown Site TT: E 1532037 Prepared by: K Broach App Rev #: 6 Prepared on: 6/3/2019 LRF Rev #: 4 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 12 The Adjusted Fee = Base Fee + (Base Fee x 3%) 5.3 Regulatory Compliance Costs. In the event that Licensor incurs Regulatory Compliance Costs at the Site during the Term, then, at Licensor’s election, Licensee shall pay to Licensor its Pro Rata Share of such Regulatory Compliance Costs within thirty (30) days of receipt of Licensor’s invoice for same (together with supporting documentation). 5.4 Taxes, Fees and Assessments. Licensee shall pay directly to the applicable Government Entity, or to Licensor if Licensor is invoiced by such Government Entity, if and when due, all taxes, fees, assessments or other charges assessed by such Government Entity against the Equipment or Licensee’s use of the Site or the Licensed Space. Licensee shall pay to Licensor or the appropriate taxing authority, if and when due, any sales, use, ad valorem or other similar taxes or assessments which are assessed or due by reason of this Agreement or Licensee’s use of the Site or the Licensed Space. At Licensor’s election, Licensee shall also pay to Licensor its Pro Rata Share of all taxes, fees, assessments or charges assessed by any Government Entity against the Site itself or against Licensor’s improvements thereon. Licensor shall provide notice (together with supporting documentation) of any assessments to be paid by Licensee promptly upon receipt. Licensor shall invoice Licensee annually, indicating the amount of the assessment, Licensee’s Pro Rata Share and the amount due. Said invoices shall be paid within thirty (30) days of Licensee’s receipt. 5.5 INTENTIONALLY OMITTED. 5.6 INTENTIONALLY OMITTED. 6.INTERFERENCE 6.1 Interference to Licensee’s Licensed Operations. Licensor agrees that neither Licensor nor Licensor’s other licensees or tenants at the Site, whose equipment at the Site is installed or modified subsequently to the installation or Modification of Licensee’s Licensed Equipment (“Subsequent Use”), shall permit their equipment to interfere with Licensee’s FCC-licensed transmissions or reception in excess of levels permitted by the FCC. In the event that any Subsequent Use causes RF interference to Licensee’s FCC-licensed transmissions or reception in excess of levels permitted by the FCC, then (i) Licensee shall notify Licensor in writing of such RF interference, (ii) Licensor shall cause the party whose Subsequent Use is causing said RF interference to reduce power or cease operations in order to correct and eliminate such RF interference within seventy-two (72) hours after Licensor’s receipt of such notice, and (iii) the entity responsible for the Subsequent Use shall be obligated to perform (or cause to be performed) whatever actions are commercially reasonable and necessary at no cost or expense to Licensee to eliminate such RF interference to Licensee’s FCC-licensed transmissions or reception. Licensor further agrees that any new licenses or other agreements that Licensor executes with third parties for a Subsequent Use will contain provisions that similarly require such users to correct or eliminate RF interference with Licensee’s operation of its Licensed Equipment following receipt of a notice of such RF interference. Customer Site Name: Hephzibah Crown Site Name: Hephzibah (Old Waynesboro Rd.) Customer Site No.: N/A JDE Business Unit: 870194 Customer Type: Government License Identifier: 705228 Type of Site: Crown Site TT: E 1532037 Prepared by: K Broach App Rev #: 6 Prepared on: 6/3/2019 LRF Rev #: 4 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 13 6.2 Interference by Licensee. Notwithstanding any prior approval by Licensor of Licensee’s Equipment, Licensee agrees that it will not allow its Equipment to cause RF interference to Licensor or other uses of users of the Site (including Pre-Existing Uses) in excess of levels permitted by the FCC. If Licensee is notified in writing that its operations are causing such RF interference, Licensee will immediately take all commercially reasonable and necessary steps to determine the cause of and eliminate such RF interference. If the RF interference continues for a period in excess of seventy-two (72) hours following such notification, Licensor shall have the right to require Licensee to reduce power or cease operations until such time as Licensee can make repairs to the interfering Equipment. In the event that Licensee fails to promptly take such action as agreed, then Licensor shall have the right to terminate the operation of the Equipment causing such RF interference, at Licensee’s cost, and without liability to Licensor for any inconvenience, disturbance, loss of business or other damage to Licensee as the result of such actions. To the extent allowed by law, Licensee shall indemnify and hold Licensor and its subsidiaries and affiliates harmless from all costs, expenses, damages, claims and liability that result from RF interference caused by Licensee’s Equipment. 6.3 Interference to Licensee’s Unlicensed Operations. Licensee acknowledges that if Licensee’s operation of any Unlicensed Equipment is subject to any RF or physical interference, then neither Licensor nor other users of the Site have any duty or obligation to remedy the interference to such Unlicensed Equipment. Licensee may, after taking all commercially reasonable actions to remedy the interference to the operation of its Unlicensed Equipment, submit a Site Engineering Application to request relocation of such Equipment to another location at the Site. Licensor shall approve the Site Engineering Application if sufficient space and capacity are available at the Site to accommodate such Unlicensed Equipment without interference (physical or electrical) to other users of the Site, as determined by Licensor in its sole judgment. All costs for said relocation shall be the sole responsibility of Licensee. If the Site Engineering Application for said relocation is approved by Licensor, all other terms of this Agreement shall continue to apply to such Unlicensed Equipment as relocated and this Agreement shall be amended to reflect such relocation. 7.RELOCATION OF EQUIPMENT BY LICENSOR 7.1 Relocation of Equipment at Licensor’s Option. Licensor shall have the right to change the location of the Equipment (including re-location of Equipment on the tower to an elevation used by other licensees, or re-location of Equipment to another tower located or to be constructed on the Site) upon sixty (60) days written notice to Licensee, provided that said change does not, when complete, materially alter the coverage or signal pattern of the Equipment existing prior to the change. Any such relocation shall be performed at Licensor’s expense and with reasonably minimal disruption to Licensee’s operations and shall be evidenced by an amendment to this Agreement. 7.2 INTENTIONALLY OMITTED. Customer Site Name: Hephzibah Crown Site Name: Hephzibah (Old Waynesboro Rd.) Customer Site No.: N/A JDE Business Unit: 870194 Customer Type: Government License Identifier: 705228 Type of Site: Crown Site TT: E 1532037 Prepared by: K Broach App Rev #: 6 Prepared on: 6/3/2019 LRF Rev #: 4 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 14 8.RF EXPOSURE Licensee agrees to reduce power or suspend operation of its Equipment if necessary and upon reasonable notice to prevent exposure of workers or the public to RF radiation in excess of the then-existing regulatory standards. 9.LIENS Licensee shall keep the Licensed Space, the Site and any interest it or Licensor has therein free from any liens arising from any work performed, materials furnished or obligations incurred by or at the request of Licensee, including any mortgages or other financing obligations, and shall discharge any such lien filed, in a manner satisfactory to Licensor, within thirty (30) days after Licensee receives written notice from any party that the lien has been filed. 10.INDEMNIFICATION To the extent allowed by law, each party shall indemnify, defend and hold the other party, and its affiliates, subsidiaries, directors, officers, managers, employees and contractors, harmless from and against any claim, action, damages, liability loss, cost or expense (including reasonable attorney’s fees), resulting from or arising out of the indemnifying party’s or any of its contractors’, subcontractors’, servants’, agents’ or invitees’ use or occupancy of the Site; provided, however, Licensor shall not be obligated to indemnify, defend and hold Licensee, its affiliates, subsidiaries, directors, officers, employees and contractors, harmless from and against any claim, action, damages, liability, loss, cost or expense (including reasonable attorney’s fees), resulting from or arising out of Licensor’s and/or any of its contractors’, subcontractors’, servants’, agents’ or invitees’ use or occupancy of the Site if and to the same extent that Licensee would not be allowed by law to indemnify, defend and hold Licensor, its affiliates, subsidiaries, directors, officers, employees and contractors, harmless if such claim, action, damages, liability, loss, cost or expense (including reasonable attorney’s fees), resulted from or arose out of Licensee’s and/or any of its contractors’, subcontractors’, servants’, agents’ or invitees’ use or occupancy of the Site. 11.INSURANCE Licensee shall carry commercial general liability insurance on a form providing coverage at least as broad as the ISO CG 0001 10 01 policy form covering its occupancy and use of the Site. The liability insurance policies, automobile, commercial general liability, and umbrella shall be endorsed to cover Licensor (and Licensor’s manager, as applicable) as an additional insured on a primary and non- contributory basis such that the umbrella liability policy, primary auto liability and commercial general liability all apply as primary with regard to any primary liability insurance maintained by Licensor (and any primary liability insurance maintained by Licensor’s manager, as applicable) on a form that does not exclude the concurrent negligence of the additional insured. Customer Site Name: Hephzibah Crown Site Name: Hephzibah (Old Waynesboro Rd.) Customer Site No.: N/A JDE Business Unit: 870194 Customer Type: Government License Identifier: 705228 Type of Site: Crown Site TT: E 1532037 Prepared by: K Broach App Rev #: 6 Prepared on: 6/3/2019 LRF Rev #: 4 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 15 At a minimum, Licensee and all parties accessing the Site for or on behalf of Licensee (other than independent contractors of Licensee, which must provide coverage as separately specified by Licensor) shall obtain the following insurance coverage: (i) statutory workers’ compensation including employer’s liability with the following limits: $1,000,000 per accident; $1,000,000 disease, each employee; and $1,000,000 disease policy limit; (ii) commercial general liability covering bodily injury, death and property damage including, but not limited to, coverage for explosion, collapse and underground exposures (XCU) and products/completed operations with limits not less than $1,000,000 per occurrence, combined single limit with a $2,000,000 general policy aggregate and a separate products/completed operations aggregate of $2,000,000; (iii) automobile liability covering all owned, hired and non-owned vehicles with combined single limits not less than $1,000,000 per accident; (iv) umbrella liability insurance of $5,000,000; and (v) commercial all risk of loss fire with extended coverage insurance covering all of Licensee’s equipment and improvements at the Site. If Licensee carries insurance with limits higher than the minimum limits required by this Section 11, then such higher limits shall apply as to comply with the limits required by this Section 11. The commercial general liability limits identified above shall be increased on every tenth (10th) anniversary of this Agreement by twenty-five percent (25%) over the limit of insurance for the immediately preceding ten (10) year period. All insurers will carry a minimum A.M. Best A-(FSC VIII) or equivalent rating and must be licensed to do business in the state where the Site is located. All policies required to be provided pursuant to this section shall contain a waiver of subrogation in favor of Licensor (and Licensor’s manager, as applicable). The insurance requirements in this Agreement shall not be construed to limit or otherwise affect the liability of the Licensee. Licensee shall provide certificates of insurance evidencing said coverage to Licensor upon execution of this agreement and at least annually as the policies renew. Any failure on the part of Licensor to request the required certificates of insurance shall not in any way be construed as a waiver of any of the aforesaid insurance requirements. Licensee shall agree to provide a copy of said policies upon receipt of written request by Licensor. Licensee agrees to provide notice to Licensor within two (2) business days of receipt of any cancellation notice of any of the required insurance policies. Notwithstanding the foregoing, it is acknowledged and agreed that Licensee (for itself alone) shall be entitled to self-insure for all or a portion of the above coverages and insurance requirements in accordance with Licensee’s customary and usual practice. Licensee agrees to provide to Licensor its standard form of letter confirming Licensee’s responsibility for claims and liability with value up to the amount of Licensee’s self-insured retention, and, if applicable, the existence of Licensee’s excess liability insurance coverage above such amount sufficient to meet the insurance coverage requirements hereunder. Such self-insurance shall respond in the same manner that the required insurance policies would have if the Licensee had purchased insurance in the standard insurance market. 12.CASUALTY OR CONDEMNATION 12.1 Casualty. In the event that the Site, or any part thereof, is damaged by fire or other casualty not caused by Licensee, then Licensor shall have (i) ninety (90) days from the date of damage, if the damage is less than total destruction of the Site, in which to make repairs, and (ii) one hundred and eighty (180) Customer Site Name: Hephzibah Crown Site Name: Hephzibah (Old Waynesboro Rd.) Customer Site No.: N/A JDE Business Unit: 870194 Customer Type: Government License Identifier: 705228 Type of Site: Crown Site TT: E 1532037 Prepared by: K Broach App Rev #: 6 Prepared on: 6/3/2019 LRF Rev #: 4 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 16 days from date of destruction, if the Site (including the tower structure) is destroyed, in which to replace the destroyed portion of the Site. If Licensor fails for any reason to make such repair or restoration within the stipulated period and the damage or destruction effectively precludes Licensee’s use of the Site as authorized under this Agreement, then either party may, at its option, terminate this Agreement without further liability of the parties, as of the date of partial or complete destruction. If, for any reason whatsoever, Licensee’s use of the Site is interrupted due to casualty, Licensee’s sole remedy for such interruption of use shall be abatement of the Basic Payment for the period during which Licensee’s use of the Site is interrupted. Except with regard to repair of the Site as stated in this Section 12.1, Licensor shall not be responsible for any damage caused by vandalism or acts of God. In no event shall Licensor be liable to Licensee for damage to the Equipment or interruption or termination of Licensee’s operations caused by forces majeure or acts of God. 12.2 Condemnation. If any part of the Site is taken under the power of eminent domain, Licensor and Licensee shall be entitled to assert their respective claims in accordance with applicable state law. 13.DEFAULT, REMEDIES, WAIVER OF CONSEQUENTIAL DAMAGES Each of the following shall constitute an Event of Default hereunder: (i) Licensee’s failure to pay any amount due hereunder within ten (10) days after receipt of written notice from Licensor that said payment is delinquent; (ii) Licensee’s engagement of a contractor not approved by Crown Castle to perform Work on the Site in violation of the requirements of Section 2.5 above; (iii) Licensee’s breach of this Agreement by installing Equipment or making a Modification other than as permitted hereunder as described in Section 2.7 above; (iv) Licensee’s violation of the Site or tower access limitations in Section 3.2 above; (v) Licensee’s failure to stop its Equipment from causing RF interference to Licensor or other pre-existing uses of users of the Site in violation of the requirements of Section 6.2 above; and (vi) either party’s failure to cure any breach of any other covenant of such party herein within thirty (30) days after receipt of written notice from the non-breaching party of said breach, provided, however, such thirty (30) day cure period shall be extended upon the breaching party’s request if deemed by the non-breaching party to be reasonably necessary to permit the breaching party to complete the cure, and further provided that the breaching party shall commence any cure within the thirty (30) day period and thereafter continuously and diligently pursue and complete such cure. In the Event of Default by Licensee, upon Licensor’s demand, Licensee shall immediately make full payment of all amounts that Licensor would have been entitled to receive hereunder for the remainder of the then-current Term, and Licensor shall have the right to accelerate and collect said payments, which right is in addition to all other remedies available to Licensor hereunder or at law, including the right to terminate this Agreement as set forth in Section 19.3 below. To the extent that it is not prohibited by law, Licensee agrees that, if any payment to be made under this Agreement is not received by Licensor by the date it is due, Licensee will pay Licensor a late fee of the lesser of Thirty- Five Dollars ($35.00), or the maximum amount allowed by law for each month or partial month that elapses until said payment is received by Licensor. Said amount shall be adjusted as set forth in Section 5.2 above. Imposition of late fees is not a waiver of Licensor’s right to declare this Agreement in default if the Basic Payment or any other payment is not made when due. Except as otherwise provided in Section 2.7 above, Customer Site Name: Hephzibah Crown Site Name: Hephzibah (Old Waynesboro Rd.) Customer Site No.: N/A JDE Business Unit: 870194 Customer Type: Government License Identifier: 705228 Type of Site: Crown Site TT: E 1532037 Prepared by: K Broach App Rev #: 6 Prepared on: 6/3/2019 LRF Rev #: 4 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 17 neither party shall be liable to the other for consequential, indirect, special, punitive or exemplary damages for any cause of action whether in contract, tort or otherwise, hereunder to the extent allowed by law. 14.USE OF HAZARDOUS CHEMICALS Licensee must inform Licensor (in the Site Engineering Application attached hereto as part of Exhibit B or in a separate written notice) if it will house batteries or fuel tanks on the Site. The use of any other hazardous chemicals on the Site requires Licensor’s prior written approval. Licensee agrees to provide to Licensor no later than each January 15th, an annual inventory of its hazardous chemicals on the Site. 15.GOVERNING LAW, VENUE The laws of the state or commonwealth where the Site is located, regardless of conflict of law principles, shall govern this Agreement, and any dispute related to this Agreement shall be resolved by mediation or litigation in said state or commonwealth. The period for bringing any dispute related to this Agreement to mediation shall be the same period that would apply under the applicable statute of limitations were such dispute to be brought to litigation. Any action, suit, or other legal proceeding that is commenced to resolve any matter arising under or relating to this Agreement shall be commenced only in the Superior Court of Richmond County, Georgia or United States District Court for the Southern District of Georgia, Augusta Division. 16.ASSIGNMENT, SUBLEASE, SHARING This Agreement may not be sold, assigned or transferred, in whole or in part, by Licensee without the prior written approval or consent of Licensor, which consent may be withheld at Licensor’s sole discretion. Licensor’s consent to any such assignment, and Licensee’s and the assignee’s representations to, and agreements with, Licensor pertaining to such assignment, shall be evidenced by a form to be provided by Licensor and executed by Licensor, Licensee and the assignee. Licensee shall not sublease or license its interest in this Agreement, in whole or in part, either directly or through affiliated entities, agencies or departments. Licensee shall not share the use of its Equipment with any third party. Notwithstanding the foregoing, Licensee may allow other government entities, agencies and departments to benefit from the operation of the Equipment, provided that any access to the Site by such other government entities, agencies or departments is expressly prohibited and shall be deemed to be a violation of the access limitations set forth in Section 3.2 above. 17.NOTICES Except for notices of access which are to be provided as set forth in Section 3.3 above, all notices hereunder shall be in writing and shall be given by (i) established express delivery service which maintains delivery records, (ii) hand delivery or (iii) certified or registered mail, postage prepaid, return receipt Customer Site Name: Hephzibah Crown Site Name: Hephzibah (Old Waynesboro Rd.) Customer Site No.: N/A JDE Business Unit: 870194 Customer Type: Government License Identifier: 705228 Type of Site: Crown Site TT: E 1532037 Prepared by: K Broach App Rev #: 6 Prepared on: 6/3/2019 LRF Rev #: 4 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 18 requested. Notices are effective upon receipt, or upon attempted delivery if delivery is refused or if delivery is impossible. The notices shall be sent to the parties at the following addresses: As to Licensee: City of Augusta GA 535 Telfair Street, Building 2000 Augusta, GA 30901 Attention: Information Technology Telephone Number: (706) 821-2300 As to Licensor: Pinnacle Towers LLC 2000 Corporate Drive Canonsburg, PA 15317 Attention: Legal Department Telephone Number: (724) 416-2000 Licensor or Licensee may from time to time designate any other address for this purpose by giving written notice to the other party. 18.PRIME LEASE OR DEED Licensor and Licensee acknowledge that Licensee’s use of the Site is subject and subordinate to the Prime Lease or Deed. A redacted copy of the Prime Lease or Deed is attached as Exhibit D hereto. Licensee agrees to be bound by and to perform all of the duties and responsibilities required of the lessee, sublessee, licensee or grantee as set forth in the Prime Lease or Deed to the extent they are applicable to Licensee’s access to and use of the Site. 19.TERMINATION 19.1 Withdrawal or Termination of Site Zoning Approval or Permit. In the event that any Site zoning approval or any of Licensor’s permits to operate the Site as a communications facility is withdrawn or terminated, this Agreement shall terminate effective as of the termination of such Site zoning approval or permit. 19.2 Termination of Prime Lease. If a Prime Lease applies to the Site and the Prime Lease terminates for any reason, this Agreement shall terminate effective as of the termination of the Prime Lease. 19.3 Termination in the Event of Default. In the Event of Default by either party (the “defaulting party”), the other party (the “non-defaulting party”) may terminate this Agreement by providing written notice of such termination to the defaulting party. Such written notice shall describe (i) the Event of Default, and (ii) in the case of a breach that could have been cured in accordance with Section 13, the defaulting party’s failure to cure such breach within the stipulated cure period. The non-defaulting party’s Customer Site Name: Hephzibah Crown Site Name: Hephzibah (Old Waynesboro Rd.) Customer Site No.: N/A JDE Business Unit: 870194 Customer Type: Government License Identifier: 705228 Type of Site: Crown Site TT: E 1532037 Prepared by: K Broach App Rev #: 6 Prepared on: 6/3/2019 LRF Rev #: 4 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 19 right to terminate this Agreement pursuant to this Section 19.3 is in addition to any other rights and remedies provided to the non-defaulting party by law or under this Agreement. 19.4 Termination by Licensee. Notwithstanding anything to the contrary herein, Licensee shall have the right to terminate this Agreement by providing ninety (90) days prior written notice of such termination to Licensor. Licensee shall, prior to the effective date of any such termination (the “Termination Date”), pay to Licensor all Basic Payments and other benefits due and owing to Licensor by Licensee up to and including the Termination Date and shall remove its Equipment and other personal property from the Site, and shall surrender the Licensed Space, on or before the Termination Date. 20.NO WAIVER No provision of this Agreement will be deemed to have been waived by either party unless the waiver is in writing and signed by the party against whom enforcement is attempted. 21.NON-DISCLOSURE The parties agree that, except to the extent otherwise required by law, without the express written consent of the other party, neither party shall reveal, disclose or publish to any third party the terms of this Agreement or any portion thereof, except to such party’s auditor, accountant, lender or attorney or to a Government Entity if required by regulation, subpoena or government order to do so. Notwithstanding the foregoing, either party may disclose the terms of this Agreement to any of its affiliated entities, and Licensor may disclose the terms of this Agreement (or relevant portions thereof) to (i) Landlord, if a Prime Lease applies to the Site, (ii) any of its lenders or creditors, or (iii) third parties that are existing or potential lessees or licensees of space at the Site, to the extent such disclosure to such potential lessees or licensees is reasonably necessary for the operation, leasing, licensing and marketing of the Site. The terms that may be disclosed to such potential lessees or licensees may include terms relating to Licensee’s permitted frequencies for the purposes of RF compliance tests, and terms relating to Licensee’s Equipment (if any) installed, or to be installed, on the tower for the purposes of Structural Analysis. 22.SUBORDINATION, NON-DISTURBANCE, ATTORNMENT 22.1 Subordination. Subject to Section 22.2, this Agreement and Licensee’s rights hereunder are and will be subject and subordinate in all respects to: (i) a Security Instrument from Licensor in favor of Lender insofar as the Security Instrument affects the property of which the Site forms a part; (ii) any and all advances to be made thereunder; and (iii) any and all renewals, extensions, modifications, consolidations and replacements thereof. Said subordination is made with the same force and effect as if the Security Instrument had been executed prior to the execution of this Agreement. 22.2 Non-Disturbance. The subordination described in Section 22.1 is conditioned upon the agreement by Lender that, so long as this Agreement is in full force and effect and Licensee is not in material default (beyond applicable notice and cure periods) hereunder, Lender, for itself and on behalf of its Customer Site Name: Hephzibah Crown Site Name: Hephzibah (Old Waynesboro Rd.) Customer Site No.: N/A JDE Business Unit: 870194 Customer Type: Government License Identifier: 705228 Type of Site: Crown Site TT: E 1532037 Prepared by: K Broach App Rev #: 6 Prepared on: 6/3/2019 LRF Rev #: 4 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 20 successors in interest, and for any Acquiring Party, agrees that the right of possession of the Site and all other rights of Licensee pursuant to the terms of this Agreement shall remain in full force and effect and shall not be affected or disturbed by Lender in the exercise of its rights under the Security Instrument. 22.3 Liability of Parties. Licensee and Licensor agree (i) that any Conveyance shall be made subject to this Agreement and the rights of Licensee hereunder and (ii) that the parties shall be bound to one another and have the same remedies against one another for any breach of this Agreement as Licensee and Licensor had before such Conveyance; provided, however, that Lender or any Acquiring Party shall not be liable for any act or omission of Licensor or any other predecessor-in-interest to Lender or any Acquiring Party. Licensee agrees that Lender may join Licensee as a party in any action or proceeding to foreclose, provided that such joinder is necessary to foreclose on the Security Instrument and not for the purpose of terminating this Agreement. 22.4 Attornment. Licensee agrees that, upon receipt by Licensee of notice to attorn from Lender or any Acquiring Party, (i) Licensee shall not seek to terminate this Agreement and shall remain bound under this Agreement, provided that Licensee does not waive any rights that it may have hereunder to terminate this Agreement, in accordance with its terms, and (ii) Licensee shall attorn to, accept and recognize Lender or any Acquiring Party as the licensor hereunder pursuant to the provisions expressly set forth herein for the then remaining balance of the Term of this Agreement and any extensions or expansions thereof as made pursuant hereto. Licensee agrees to execute and deliver, at any time and from time to time, upon the request of Lender or any Acquiring Party any reasonable instrument which may be necessary or appropriate to evidence such attornment. 23.SURRENDER OF LICENSED SPACE, REMOVAL OF EQUIPMENT, REMAINING EQUIPMENT FEE Licensee shall remove all of its Equipment and other personal property from the Site prior to, and shall surrender the Licensed Space upon, the termination or expiration of this Agreement. The removal of Licensee’s Equipment and other personal property shall be performed in such a manner as not to interfere with the continuing use of the Site by Licensor and others. Licensee shall, at Licensee’s sole expense, promptly repair any damage caused by such removal, reasonable wear and tear excepted, to the Site, to the Licensed Space or to the equipment of any third party on the Site. Should any of Licensee’s Equipment or other property remain on the Site after the expiration or termination of this Agreement, then: (i)no tenancy or interest in the Site shall result, and all such Equipment and other property shall be subject to immediate removal; (ii)in addition to any other rights or remedies that Licensor may have hereunder or at law or in equity: (a)Licensee shall, upon demand, pay to Licensor a fee equal to one and one-half (1 ½) times the monthly portion of Basic Payment (based on the amount of the Basic Payment at the Customer Site Name: Hephzibah Crown Site Name: Hephzibah (Old Waynesboro Rd.) Customer Site No.: N/A JDE Business Unit: 870194 Customer Type: Government License Identifier: 705228 Type of Site: Crown Site TT: E 1532037 Prepared by: K Broach App Rev #: 6 Prepared on: 6/3/2019 LRF Rev #: 4 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 21 time of said expiration or termination) for each month or partial month during which any portion of Licensee’s Equipment remains at the Site after the expiration or termination of this Agreement, (b)Licensee shall pay to Licensor all expenses that Licensor may incur by reason of such Equipment or other property remaining at the Site after the expiration or termination of this Agreement, and (c)Licensee shall indemnify and hold Licensor harmless from and against all claims made against Licensor by any third party founded upon delay by Licensor in delivering possession of the Site to such third party or upon the improper or inadequate condition of the Site, to the extent that such delay or improper or inadequate condition is occasioned by the failure of Licensee to perform its said surrender obligations or timely surrender of the Licensed Space; and (iii) at any time, Licensor shall have the right, but not the obligation, to remove the Equipment or other property and store it, all at Licensee’s expense, subject to the following terms: (a)Licensor’s liability for any damage to the Equipment or other property occasioned by such removal and storage is expressly waived by Licensee, (b)Equipment so removed shall be returned to Licensee upon payment in full of all removal and storage costs and any other fees owing under this Agreement, plus an administrative charge equal to fifty percent (50%) of the total of said removal and storage costs, and (c)notwithstanding the foregoing, any Equipment not retrieved by Licensee within ninety (90) days after its removal shall be deemed abandoned by Licensee, and shall become the property of Licensor without further action by either party, provided that such abandonment shall not relieve Licensee of liability for the costs of removal, storage and disposal of the Equipment, and Licensee shall reimburse Licensor for the cost of disposing of abandoned Equipment plus an administrative charge equal to fifty percent (50%) of the costs of said disposal. 24.PRIOR AGREEMENT SUPERSEDED The parties hereby agree that this Agreement shall be deemed to have revoked and superseded any Prior Agreement as of the Effective Date, and the terms of this Agreement (together with applicable Laws) shall govern with respect to all matters hereunder occurring on or after said date. Customer Site Name: Hephzibah Crown Site Name: Hephzibah (Old Waynesboro Rd.) Customer Site No.: N/A JDE Business Unit: 870194 Customer Type: Government License Identifier: 705228 Type of Site: Crown Site TT: E 1532037 Prepared by: K Broach App Rev #: 6 Prepared on: 6/3/2019 LRF Rev #: 4 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 22 Licensor shall, at Licensor’s expense, ensure that the tower structure (if any) operated by Licensor on the Site complies with all applicable Laws, including all rules and regulations promulgated by the FCC and FAA with regard to lighting, marking and painting, except where noncompliance is due to Licensee’s, Landlord’s, Grantor’s or other Site users’ negligence or willful misconduct. All installations and operations by Licensee in connection with this Agreement shall meet and comply with all applicable Laws, including all applicable local codes and regulations, and all applicable rules and regulations promulgated by the FCC and the FAA. Licensee shall promptly notify Licensor when Licensee becomes aware of a violation of any such Laws at the Site. 26.COUNTERPARTS AND ELECTRONIC SIGNATURE This Agreement may be executed by original, facsimile, or electronic signatures (complying with the U.S. Federal ESIGN Act of 2000, 15 U.S.C. 96) and in any number of counterparts which shall be considered one instrument. Counterparts, signed facsimile and electronic copies of this Agreement shall legally bind the parties to the same extent as original documents. [Signature page follows] 25. COMPLIANCE WITH LAWS Customer Site Name: Hephzibah Crown Site Name: Hephzibah (Old Waynesboro Rd.) Customer Site No.: N/A JDE Business Unit: 870194 Customer Type: Government License Identifier: 705228 Type of Site: Crown Site TT: E 1532037 Prepared by: K Broach App Rev #: 6 Prepared on: 6/3/2019 LRF Rev #: 4 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 23 IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seals on the Effective Date. Licensor Pinnacle Towers LLC, a Delaware limited liability company By: [[CCISign1]]_______________________________ Print Name: [[CCIPrint1]]_________________________ Title: CCITitle1]]______________________________ [[ Date: [[CCIExecDate1]]_____________________________ Licensee Augusta, Georgia, a political subdivision of the State of Georgia By: ]]________________________________ [[Cu stSign 1 Print Name: [[Cu stPrint1]] _________________________ Title: ______________________________ [[Cu stTitle1]] Date: [[Cu stEx ecDate1]] _____________________________ Customer Site Name: Hephzibah Crown Site Name: Hephzibah (Old Waynesboro Rd.) Customer Site No.: N/A JDE Business Unit: 870194 Customer Type: Government License Identifier: 705228 Type of Site: Crown Site TT: E 1532037 Prepared by: K Broach App Rev #: 6 Prepared on: 6/3/2019 LRF Rev #: 4 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 24 EXHIBIT A to Tower Site License Agreement SITE AND ACCESS AREA LEGAL DESCRIPTIONS See Attached     Customer Site Name: Hephzibah Crown Site Name: Hephzibah (Old Waynesboro Rd.) Customer Site No.: N/A JDE Business Unit: 870194 Customer Type: Government License Identifier: 705228 Type of Site: Crown Site TT: E 1532037 Prepared by: K Broach App Rev #: 6 Prepared on: 6/3/2019 LRF Rev #: 4 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 25 EXHIBIT B to Tower Site License Agreement APPROVED EQUIPMENT See Attached Order Information Order ID Submitted By Original Submit Date JDE Job Number Revision Number 485713 Jessica Ogbunugafor Apr 22 2019 565040 6 Orders are subject to applicable Crown Castle engineering, regulatory, zoning/planning, and priority property-owner approval. Approval conditions may result in alternative requirements for type and/or placement of equipment. Approval conditions may also lead to additional or revised engineering analysis at Crown Castle discretion and upon consent of the customer. Site Information Site ID Crown Castle Structure Structure Height (ft)Crown Castle Site Name 870194 A 370.0 Hephzibah (Old Waynesboro Rd.) Crown Castle District County GA Richmond Latitude Longitude Structure Type Site Address 33° 16' 27.50"-82° 0' 55.10"GUYED 4745 Old Waynesboro Road HEPHZIBAH, GA 30815 Order Parameters Who is the customer?What do you want to do?First Time Install on Site?What is the Scope of your Order? Augusta GA, City of License Agreement Yes Tower Equipment and Ground Space What is the scope of work? New Customer install: customer is proposing to install (3) antennas, (1) amplifier, (2) MW's, (2) elliptical lines, (1) 1-5/8" line, (2) 7/8" lines & (1) 1/2" line. Lease area of 376 sqft which includes a 12'x26' area/bldg and a 4'x16' area/pad & propane tank. Customer Billing Company Billing ID Number Billing Address Augusta, Georgia 2077051 535 TELFAIR STREET BUILDING 2000 AUGUSTA, GA 30901 Operating Legal Entity Operating Legal Entity ID Augusta, Georgia 2077051 Customer Site Name Customer Site Number Customer Job Number Customer Payment Reference Hephzibah ------ Customer Project Number Customer Market Customer Region ------ Project Management Vendor Crown Castle - PMV Contacts NAME EMAIL PHONE ADDRESS Mayor Hardie Davis, Jr.mayordavis@augustaga.gov RF Contacts There are currently no Contacts for this order. Page 1 Configuration Review Antennas MCL (ft) ACL (ft) TOTAL INSTALLED PROPOSED NOT INSTALLED MANUFACTURER / MODEL HEIGHT (in) WIDTH (in) DEPTH (in) WEIGHT (lbs) 120 120 1 0 1 0 RFS/CELWAVE / PAD6-W57BC 79.00 79.00 24.10 141.00 150 159 1 0 1 0 RFS/CELWAVE / SC3-W100AC_CCIV2 39.50 39.50 17.20 40.00 299 290 1 0 1 0 RFI ANTENNAS / CC807-11 208.60 3.03 3.03 48.50 339 330 2 0 2 0 RFI ANTENNAS / CC807-11 208.60 3.03 3.03 48.50 Tower Mounted Equipment MCL (ft) ACL (ft) TOTAL INSTALLED PROPOSED NOT INSTALLED MANUFACTURER / MODEL TYPE HEIGHT (in) WIDTH (in) DEPTH (in) WEIGHT (lbs) 339 330 1 0 1 0 BIRD TECHNOLOGIES GROUP / 432E-83I-01-T AMPLIFIER 12.00 12.00 7.50 25.00 Feedlines MCL (ft) ACL (ft) TOTAL INSTALLED PROPOSED NOT INSTALLED MANUFACTURER / MODEL NOMINAL SIZE (in) NOMINAL O.D. (in) 120 120 1 0 1 0 RFS/CELWAVE / E65 ELLIPTICAL 2.00 150 159 1 0 1 0 RFS/CELWAVE / E105 ELLIPTICAL 1.30 299 290 1 0 1 0 ANDREW / LDF7-50A 1-5/8 1.98 339 330 1 0 1 0 ANDREW / LDF4-50A 1/2 0.62 339 330 2 0 2 0 ANDREW / LDF5-50A 7/8 1.03 Frequencies SVC TECHNOLOGY EIRP (WATTS)STANDARD FREQUENCY TRANSMIT FREQUENCY Digital 53.00 854.212 -857.312MHZ MW Link 53.00 6.000 -6.000GHZ MW Link 53.00 11.200 -11.200GHZ All Receive frequencies are approved. Cabinets Number of Proposed Additional Cabinets 0 Lease Areas Lease Area 12'0"x26'0" (312.00sq. ft.) - Proposed Foundation Types TYPE LENGTH WIDTH HEIGHT SQ. FT.STATUS Building 12'0"26'0"312.00 Proposed Lease Area 4'0"x16'0" (64.00sq. ft.) - Proposed Foundation Types TYPE LENGTH WIDTH HEIGHT SQ. FT.STATUS Pad 4'0"16'0"64.00 Proposed Generators TYPE MANUFACTURER / MODEL POWER OUTPUT (kW)TANK SIZE (gal)OWNER LOCATION STATUS Propane UNKNOWN / UNKNOWN 50 Customer Generator Lease Area Proposed Fuel Tanks TYPE TANK SIZE GENERATOR LOCATION STATUS Propane Tank 1000 gal Propane - UNKNOWN Lease Area Proposed Page 2 Power Do you need Crown to supply Power? No Battery Backup Required? No Equipment Antennas MANUFACTURER / MODEL ANTENNA CENTERLINE (ft) AZIMUTH CUSTOMER MOUNT CLASS MOUNT ORIENTATION STATUS RFS/CELWAVE / SC3-W100AC_CCIV2 159 10 PIPE MOUNT Mid-Mount Proposed RFS/CELWAVE / PAD6-W57BC 120 288 PIPE MOUNT Mid-Mount Proposed RFI ANTENNAS / CC807-11 330 0 PIPE MOUNT Mid-Mount Proposed RFI ANTENNAS / CC807-11 330 0 PIPE MOUNT Mid-Mount Proposed RFI ANTENNAS / CC807-11 290 0 PIPE MOUNT Mid-Mount Proposed Tower Mounted Equipment TYPE MANUFACTURER / MODEL TME CENTERLINE (ft) LOCATED ON ANTENNA MOUNT? MOUNT CLASS STATUS AMPLIFIER BIRD TECHNOLOGIES GROUP / 432E-83I-01-T 330 Yes Proposed Feedlines TYPE MANUFACTURER / MODEL NOMINAL SIZE (in) ATTACHED CENTERLINE (ft) LENGTH (ft) IN CONDUIT?STATUS ELLIPTICAL RFS/CELWAVE / E65 ELLIPTICAL 120 170 No Proposed ELLIPTICAL RFS/CELWAVE / E105 ELLIPTICAL 159 209 No Proposed COAX ANDREW / LDF7-50A 1-5/8 290 340 No Proposed COAX ANDREW / LDF5-50A 7/8 330 380 No Proposed COAX ANDREW / LDF5-50A 7/8 330 380 No Proposed COAX ANDREW / LDF4-50A 1/2 330 380 No Proposed NOTICE: Structural Analysis shall be performed in accordance with the current revision of the TIA/EIA 222 standard and applicable local building permit codes and standards. EME analysis shall be consistent with current revision of FCC/OSHA standard OETB 65. AM detuning, when required, will be performed to 47 CFR22.371. The customer is responsible for all analysis expenses. All construction drawings are subject to Crown Castle engineering approval prior to commencement of tower attachments and compound installations. Installation of equipment not conforming to approved drawings may violate the terms of the occupancy agreement and will be corrected at the customer's expense. Crown Castle requires drawings for pre-construction approval and as built drawings for physical configuration validation to be submitted as unlocked AutoCAD files (Version 2000i preferred). Because manufacturers may change equipment specifications (e.g., length, width, height, depth or weight) for a Model Number without changing the Model Number itself, the equipment specifications for such Model Number as identified herein shall be used to determine exactly which version of equipment with such Model Number is approved by Crown Castle herein. Crown Castle may include the suffix “CCIv” together with a number (indicating a version number) after a Model Number, which suffix is not part of the actual Model Number, but indicative of a known change to the equipment specifications applicable to such Model Number. Page 3 CITY OF AUGUSTA WSNE SHEET NUMBER SHEET TITLE SITE ADDRESS BUSINESS UNIT NUMBER EZCAD SITE NAME SITE NAME: SITE NUMBER: DRAWING DATE: DRAWN/CHECKED BY: 10/10/2019 870194 RICHMOND COUNTY CROWN REGION ADDRESS USA HEPHZIBAH (OLD WAYNESBORO RD.) 4745 OLD WAYNESBORO ROAD HEPHZIBAH, GA 30815 US CROWN REGION ADDRESS USA 120 FT PROPOSED LEVEL PM 601-1LEVEL DRAWING | MOUNT:A1-120 PLOT DATE: FILE NAME:10/10/2019 870194_A_120_P.dwg EQUIPMENT CENTERLINES ARE ABOVE STEEL LEVEL (ASL) UNLESS OTHERWISE NOTED | SEE TOWER ELEVATION FOR REFERENCE W S N E 1.THESE DRAWINGS ARE FOR REFERENCE ONLY, NOT FOR CONSTRUCTION OR DESIGN. DRAWING NOTES CITY OF AUGUSTA WSNE SHEET NUMBER SHEET TITLE SITE ADDRESS BUSINESS UNIT NUMBER EZCAD SITE NAME SITE NAME: SITE NUMBER: DRAWING DATE: DRAWN/CHECKED BY: 10/10/2019 870194 RICHMOND COUNTY CROWN REGION ADDRESS USA HEPHZIBAH (OLD WAYNESBORO RD.) 4745 OLD WAYNESBORO ROAD HEPHZIBAH, GA 30815 US CROWN REGION ADDRESS USA 150 FT PROPOSED LEVEL PM 601-1LEVEL DRAWING | MOUNT:A1-150 PLOT DATE: FILE NAME:10/10/2019 870194_A_150_P.dwg EQUIPMENT CENTERLINES ARE ABOVE STEEL LEVEL (ASL) UNLESS OTHERWISE NOTED | SEE TOWER ELEVATION FOR REFERENCE W S N E 1.THESE DRAWINGS ARE FOR REFERENCE ONLY, NOT FOR CONSTRUCTION OR DESIGN. DRAWING NOTES CITY OF AUGUSTA WSNE SHEET NUMBER SHEET TITLE SITE ADDRESS BUSINESS UNIT NUMBER EZCAD SITE NAME SITE NAME: SITE NUMBER: DRAWING DATE: DRAWN/CHECKED BY: 10/10/2019 870194 RICHMOND COUNTY CROWN REGION ADDRESS USA HEPHZIBAH (OLD WAYNESBORO RD.) 4745 OLD WAYNESBORO ROAD HEPHZIBAH, GA 30815 US CROWN REGION ADDRESS USA 299 FT PROPOSED LEVEL PM 601-1LEVEL DRAWING | MOUNT:A1-299 PLOT DATE: FILE NAME:10/10/2019 870194_A_299_P.dwg EQUIPMENT CENTERLINES ARE ABOVE STEEL LEVEL (ASL) UNLESS OTHERWISE NOTED | SEE TOWER ELEVATION FOR REFERENCE W S N E 1.THESE DRAWINGS ARE FOR REFERENCE ONLY, NOT FOR CONSTRUCTION OR DESIGN. DRAWING NOTES CITY OF AUGUSTA WSNE SHEET NUMBER SHEET TITLE SITE ADDRESS BUSINESS UNIT NUMBER EZCAD SITE NAME SITE NAME: SITE NUMBER: DRAWING DATE: DRAWN/CHECKED BY: 10/10/2019 870194 RICHMOND COUNTY CROWN REGION ADDRESS USA HEPHZIBAH (OLD WAYNESBORO RD.) 4745 OLD WAYNESBORO ROAD HEPHZIBAH, GA 30815 US CROWN REGION ADDRESS USA 339 FT PROPOSED LEVEL PM 601-1LEVEL DRAWING | MOUNT:A1-339 PLOT DATE: FILE NAME:10/10/2019 870194_A_339_P.dwg EQUIPMENT CENTERLINES ARE ABOVE STEEL LEVEL (ASL) UNLESS OTHERWISE NOTED | SEE TOWER ELEVATION FOR REFERENCE W S N E 1.THESE DRAWINGS ARE FOR REFERENCE ONLY, NOT FOR CONSTRUCTION OR DESIGN. DRAWING NOTES Customer Site Name: Hephzibah Crown Site Name: Hephzibah (Old Waynesboro Rd.) Customer Site No.: N/A JDE Business Unit: 870194 Customer Type: Government License Identifier: 705228 Type of Site: Crown Site TT: E 1532037 Prepared by: K Broach App Rev #: 6 Prepared on: 6/3/2019 LRF Rev #: 4 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 26 EXHIBIT C to Tower Site License Agreement LOCATION AND DIMENSIONS (LENGTH, WIDTH, HEIGHT) OF EQUIPMENT BUILDING/FLOOR SPACE AND ANY OTHER GROUND-BASED INSTALLATION AT THE SITE See Attached CROWN LEASE AREA COMPOUND AREA AREA USAGE 10000 SQ FT 2990 SQ FT DRAWING NOTES THESE DRAWINGS ARE FOR REFERENCE ONLY, NOT FOR CONSTRUCTION OR DESIGN. LEGEND FENCE CUSTOMER AREA PROPOSED STRUCTURES HVAC ICE BRIDGE PLATFORM CROWN AREA REVISION NUMBER CABLE TRAY # W S N E 5 SCALE: 1/8"=1'-0" SHEET NUMBER SHEET TITLE SITE ADDRESS BUSINESS UNIT NUMBER SITE NAME SITE NAME: SITE NUMBER: DRAWING DATE: CHECKED BY: DRAWN BY:KGS PS 12/02/08 HEPHZIBAH (OLD WAYNESBORO RD.) 870194 4745 OLD WAYNESBORO ROAD HEPHZIBAH, GA 30815 RICHMOND COUNTY USA CROWN REGION ADDRESS USA SITE PLAN A-2 PLOT DATE: FILE NAME:10/10/2019 870194_SITEPLAN.DWG 1SITE PLAN Customer Site Name: Hephzibah Crown Site Name: Hephzibah (Old Waynesboro Rd.) Customer Site No.: N/A JDE Business Unit: 870194 Customer Type: Government License Identifier: 705228 Type of Site: Crown Site TT: E 1532037 Prepared by: K Broach App Rev #: 6 Prepared on: 6/3/2019 LRF Rev #: 4 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 27 EXHIBIT D to Tower Site License Agreement PRIME LEASE OR DEED See Attached Customer Site Name: Blythe Crown Site Name: Blythe (SR88) Customer Site No.: N/A JDE Business Unit: 871158 Customer Type: Government License Identifier: 708678 Type of Site: Crown Site TT: E 1532037 Prepared by: K Broach App Rev #: 7 Prepared on: 6/28/2019 LRF Rev #: 4 Revised on: 11/16/2019 CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 1 [[QAA]] [[QAD]] TOWER SITE LICENSE AGREEMENT (LICENSE FOR USE OF TOWER SPACE ONLY) THIS TOWER SITE LICENSE AGREEMENT (this “Agreement”) is entered into as of this [[PreambleDay]]______ day of [[PreambleMonth]]_________, [[PreambleYear]]____ (the “Effective Date”), between Pinnacle Towers LLC, a Delaware limited liability company (Pinnacle Towers Inc., a Delaware corporation, was converted pursuant to Delaware law to Pinnacle Towers LLC, effective April 7, 2004), with a place of business at 2000 Corporate Drive, Canonsburg, Washington County, Pennsylvania 15317 (“Licensor”), and Augusta, Georgia, a political subdivision of the State of Georgia, with its principal place of business at 535 Telfair Street Building 2000, Augusta Georgia 30901 (“Licensee”). The parties hereto agree as follows: 1. DEFINITIONS Unless otherwise noted, as used in this Agreement references to Section numbers are to sections in main text of this Agreement, references to Exhibits are to those documents attached to this Agreement, use of “including” and “includes” means a non-exhaustive list of examples, and use of “or” means “and/or”. The following terms as used in this Agreement are defined as follows: “Acquiring Party” means any person acquiring title to Licensor’s interest in the real property of which the Site forms a part through a Conveyance. “Adjusted Fee” means the adjusted Basic Payment or other fee, as applicable, calculated as set forth in Section 5.2 below. “Adjustment Date” means the date on which the Basic Payment and all other fees set forth herein shall be adjusted as set forth in Section 5.2 below. “AM Detuning Study” means a study to determine whether measures must be taken to avoid disturbance of an AM radio station signal pattern. “AM Detuning Study Fee” means the fee payable by Licensee to Licensor to defray Licensor’s costs incurred in preparing or obtaining an AM Detuning Study. The amount of the Fee shall be reasonably commensurate with the scope and complexity of the subject AM Detuning Study. “Base Fee” means the then-current Basic Payment or other fee, as applicable. Customer Site Name: Blythe Crown Site Name: Blythe (SR88) Customer Site No.: N/A JDE Business Unit: 871158 Customer Type: Government License Identifier: 708678 Type of Site: Crown Site TT: E 1532037 Prepared by: K Broach App Rev #: 7 Prepared on: 6/28/2019 LRF Rev #: 4 Revised on: 11/16/2019 CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 2 “Basic Payment” means the consideration paid by Licensee for the right to use the Licensed Space as described in Section 5.1 below, which consideration is subject to adjustment as described in Section 5.2 below. “Basic Payment Commencement Date” means the earlier of: i) the first (1st) day of the month following Licensor's issuance of written notice to proceed with the installation of Licensee's Equipment at the Site, or ii) January 1, 2020. “Closeout Documentation” means the as-built drawings and other installation documentation required by Licensor with respect to the subject installation of or Modification to Equipment. “Code” means TIA-222-X, where the “X” refers to whatever revision of TIA-222 is currently adopted by the jurisdiction in which the Site is located. “Conveyance” includes any exercise by a Lender of its rights under the Security Instrument, including a foreclosure, sheriff’s or trustee’s sale under the power of sale contained in the Security Instrument, the termination of any superior lease of the Site and any other transfer, sale or conveyance of the Licensor’s interest in the property of which the Site forms a part under peril of foreclosure or similar remedy, including to the generality of the foregoing, an assignment or sale in lieu of foreclosure or similar remedy. “Crown Castle” means Crown Castle USA Inc. or an affiliate of Crown Castle USA Inc. that is designated by Licensor to perform any Work for Licensee, or to inspect any work that is performed for Licensee, pursuant to Section 2.5 below. “Current Term Expiration Date” means, at any point in time, the last day of the then- current term, whether it is the initial term or a renewal term (if applicable). “Deed” means the deed(s) or other similar prior instrument(s) from which Licensor’s rights in any portion of the Site are derived, together with any restrictive covenants pertaining thereto, whether or not such restrictive covenants are contained in the deed(s) or other similar prior instrument(s) or in a separate prior legal instrument(s). “Equipment” means Licensee’s communications equipment placed on the Site, including Licensee’s antennas, cables, connectors, wires, radios, radio shelter or cabinet and related transmission and reception hardware and software, and other personal property. “Event of Default” means any material breach of this Agreement for which no cure period applies, or any other breach of this Agreement that is not cured within the applicable cure period stipulated herein, as described in Section 13 below. Customer Site Name: Blythe Crown Site Name: Blythe (SR88) Customer Site No.: N/A JDE Business Unit: 871158 Customer Type: Government License Identifier: 708678 Type of Site: Crown Site TT: E 1532037 Prepared by: K Broach App Rev #: 7 Prepared on: 6/28/2019 LRF Rev #: 4 Revised on: 11/16/2019 CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 3 “FAA” means the Federal Aviation Administration. “FCC” means the Federal Communications Commission. “Government Entity” means any federal, state or local governmental unit or agency thereof with jurisdiction applicable to the Site. “Grantor” means the grantor named in the Deed, if applicable. “Inspection Fee” means the fee payable by Licensee to Crown Castle in the amount of One Thousand Five Hundred and 00/100 Dollars ($1,500.00) to defray Licensor’s costs associated with Crown Castle’s inspection of any Work not performed by Crown Castle. Said amount is subject to adjustment in accordance with Section 5.2 below. “Installation Standards” means the “Installation Standards for Construction Activities on Crown Castle Tower Sites” or its successor, issued by Licensor (or its affiliates) from time to time, as described in Section 2.2 below. “Intermodulation Study” means a study to determine whether an RF interference problem may arise. “Intermodulation Study Fee” means the fee payable by Licensee to Licensor to defray Licensor’s costs incurred in preparing or obtaining an Intermodulation Study. The amount of the Intermodulation Study Fee shall be reasonably commensurate with the scope and complexity of the subject Intermodulation Study. “Landlord” means the lessor, sublessor, or licensor under the Prime Lease, if applicable. “Laws” means any and all laws, regulations, rules, or requirements promulgated by Government Entities. “Lender” means any and all lenders, creditors, indenture trustees and similar parties. “Licensed Equipment” means, if applicable, Licensee’s permitted equipment installed at the Site that is transmitting or receiving signals within frequencies for which has an FCC license, to the extent that such equipment is transmitting or receiving signals within such frequencies. “Licensed Space” means that portion of the Site that is licensed to Licensee hereunder. “Licensee” means the party named as “Licensee” in the first paragraph hereof and its successors-in-interest. Customer Site Name: Blythe Crown Site Name: Blythe (SR88) Customer Site No.: N/A JDE Business Unit: 871158 Customer Type: Government License Identifier: 708678 Type of Site: Crown Site TT: E 1532037 Prepared by: K Broach App Rev #: 7 Prepared on: 6/28/2019 LRF Rev #: 4 Revised on: 11/16/2019 CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 4 “Licensor” means the party named as “Licensor” in the first paragraph hereof and its successors-in-interest. “Modification” means (i) any addition of equipment outside the boundaries of any permitted equipment pads on the ground, (ii) any addition of antennas or antenna structures on the ground or on any equipment pads, (iii) any use of space on the ground or on the tower outside of the Licensed Space, except as otherwise expressly permitted herein, (iv) any change to the shape or location of the Licensed Space on the ground or on the tower, as applicable, (v) the addition of generators or generator fuel tanks in any location, (vi) any addition, modification, or replacement of equipment on the tower other than as may be specified herein, (vii) any change to the frequency ranges specified herein or the use of any frequency outside of the frequency ranges specified herein, or (viii) any use of power in excess of the power level specified herein. Notwithstanding the foregoing, the replacement of any of Licensee’s equipment (if any) on the tower with new, identical equipment (i.e., equipment of the same quantity, make, model, size and weight), in the same location as the previously permitted equipment, shall not constitute a “Modification”, provided that such replacement does not negatively affect the tower’s loading capacity, as determined by Licensor. “Modification Application Fee” means the fee payable by Licensee to Licensor in the amount of Five Hundred and 00/100 Dollars ($500.00) to defray Licensor’s costs incurred in evaluating a Site Engineering Application with respect to a Modification. Said amount is subject to adjustment in accordance with Section 5.2 below. “NTP” means a written notice to proceed. “Pre-Existing Use” means any installation or modified use of Licensor’s or another user’s equipment prior to the installation or modified use of Licensee’s Equipment. “Prime Lease” means the lease(s), sublease(s), or other similar prior agreement(s) from which Licensor’s rights in any portion of the Site are derived, and which may contain restrictions on use of the Site. “Prior Agreement” means, if applicable, any active prior oral or written agreements (as may have been amended or assigned) between Licensor and Licensee to the extent applicable to the Site and the subject matter described herein. “Pro Rata Share” means the fraction or decimal equivalent determined by dividing one (1) by the total number of then-existing users of the Site. In no event shall the Pro Rata Share exceed fifty percent (50%). For the purposes of determining “Pro Rata Share”, Licensor shall be deemed to be a then-existing user of the Site. Customer Site Name: Blythe Crown Site Name: Blythe (SR88) Customer Site No.: N/A JDE Business Unit: 871158 Customer Type: Government License Identifier: 708678 Type of Site: Crown Site TT: E 1532037 Prepared by: K Broach App Rev #: 7 Prepared on: 6/28/2019 LRF Rev #: 4 Revised on: 11/16/2019 CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 5 “Regulatory Compliance Costs” means the reasonable costs, including reasonable attorneys’ fees, incurred by Licensor at the Site after the Effective Date in order to comply with any applicable Law. “RF” means radio frequency. “Security Instrument” means any and all mortgages, deeds of trust or other deeds, and any similar security agreements that encumber the Site to secure the debt of Licensor. “Site” means the property referred to in Section 2.1 below, which is owned, leased, or otherwise controlled by Licensor and which contains the Licensed Space. “Services Agreement” means any active agreement(s) between Licensee and Crown Castle with respect to the performance of Work for Licensee by Crown Castle, which active agreement(s) may include, without limitation, any master services agreement, project appendix, purchase order for services, and/or other similar agreement. “Site Application Fee” means, if applicable, the fee paid or payable by Licensee to Licensor to evaluate a Site Engineering Application to determine whether Site has sufficient capacity to accommodate the Equipment described herein. “Site Engineering Application” means the application form (as may be amended by Licensor from time to time), which shall be submitted to Licensor by Licensee when Licensee desires to apply for a license to install or make a Modification to Equipment. The approved Site Engineering Application, if any, for Licensee’s permitted Equipment is referred to in Section 2.2 below and attached to this Agreement as part of Exhibit B. “Site Plan” means the site plan or site sketch, if any, referred to in Section 2.2 below and attached hereto as Exhibit C. “Structural Analysis” means an engineering analysis performed to determine whether the physical and structural capacity of the tower are sufficient to accommodate the proposed tower-mounted Equipment, if any. Such engineering analysis takes into consideration factors such as weight, wind loading and physical space requirements. “Structural Analysis Fee” means the fee payable by Licensee to Licensor in the amount of Two Thousand Five Hundred and 00/100 Dollars ($2,500.00) to defray Licensor’s costs incurred with respect to its performance of a Structural Analysis with respect to the installation of Licensee’s tower-mounted Equipment described herein or with respect to any Modification to Licensee’s Equipment. Said amount is subject to adjustment in accordance with Section 5.2 below. Customer Site Name: Blythe Crown Site Name: Blythe (SR88) Customer Site No.: N/A JDE Business Unit: 871158 Customer Type: Government License Identifier: 708678 Type of Site: Crown Site TT: E 1532037 Prepared by: K Broach App Rev #: 7 Prepared on: 6/28/2019 LRF Rev #: 4 Revised on: 11/16/2019 CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 6 “Subsequent Use” means any installation or modified use of Licensor’s or another user’s equipment subsequent to the installation or modified use of the Licensed Equipment as described in Section 6.1 below. “Term” means the term of this Agreement, as set forth in Section 4 below. “Term Commencement Date” means December 31, 2019. “Tower Level Drawing” means the tower level drawing or tower sketch, if any, referred to in Section 2.2 below and attached hereto as part of Exhibit B. “Unlicensed Equipment” means, if applicable, Licensee’s permitted equipment installed at the Site that is transmitting or receiving signals within frequencies that do not require an FCC license, to the extent that such equipment is transmitting or receiving signals within such frequencies. “Work” means the installation of Equipment at the Site, construction of an approved Modification to Equipment at the Site, or removal of Equipment from the Site, as set forth in Section 2.5 below. 2. SITE, LICENSE, EQUIPMENT, LICENSED SPACE, APPLICATION FOR MODIFICATIONS, CONDITIONS PRECEDENT, ACCEPTANCE OF SITE 2.1 The Site. The Site consists of that certain parcel of property, located in the City of Hephzibah, the County of Richmond, and the State of Georgia, which is described in Exhibit A hereto. 2.2 License to Install, Operate and Maintain the Equipment. Licensor hereby grants a license to Licensee to install, operate and maintain the Equipment on the Site within the Licensed Space, as such Equipment and Licensed Space are described in, and subject to, the approved Site Engineering Application and Tower Level Drawing (or other documentation), if applicable, attached hereto as Exhibit B and as shown in the Site Plan (or other documentation), if applicable, attached hereto as Exhibit C. If this Agreement is replacing a Prior Agreement, the parties acknowledge that the Equipment (or a portion thereof) may already be installed on the Site and that Licensee may currently operate and maintain, the Equipment (or a portion thereof) on the Site. Such license is subject to the Installation Standards and restricted exclusively to the installation, operation and maintenance of Equipment consistent with the specifications and in the locations identified in Exhibit B and Exhibit C. 2.2.1 Tower-Mounted Equipment Not Installed Within 180 Days After Commencement of Installation. With respect to the installation of any tower-mounted Equipment not already installed on the Site pursuant to a Prior Agreement, if Licensee fails to install all of its tow er- mounted Equipment as described in Exhibit B (or as described in any future amendment for a Customer Site Name: Blythe Crown Site Name: Blythe (SR88) Customer Site No.: N/A JDE Business Unit: 871158 Customer Type: Government License Identifier: 708678 Type of Site: Crown Site TT: E 1532037 Prepared by: K Broach App Rev #: 7 Prepared on: 6/28/2019 LRF Rev #: 4 Revised on: 11/16/2019 CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 7 Modification) within one hundred eighty (180) days after commencement of its initial installation of such tower-mounted Equipment, then the right to install any such tower-mounted Equipment not installed shall be deemed waived, with no reduction of the Basic Payment. No capacity or rights will be reserved for future installation of such tower-mounted Equipment after said one hundred eighty (180) day period; provided, however, Licensee may thereafter install the remainder of the permitted but uninstalled tower-mounted Equipment for no increase to the Basic Payment, subject to available capacity at the Site, as determined by Licensor. Licensee shall notify Licensor in writing and coordinate with Licensor prior to installing any portion of the remainder of the permitted but uninstalled tower-mounted Equipment after said one hundred eighty (180) day period. Licensee acknowledges and agrees that Licensor may require that Licensee submit a new Site Engineering Application with respect to the installation of the remainder of such permitted but uninstalled tower-mounted Equipment. In the event that Licensor determines that the Site or tower located thereon cannot accommodate such permitted but uninstalled tower-mounted Equipment without requiring modifications thereto, then the parties may negotiate terms and conditions pursuant to which the modifications to the Site or tower will be made for the purpose of accommodating such permitted but uninstalled tower-mounted Equipment. 2.2.2 Reduction of Available Capacity Due to Change in Applicable Law. If, as a result of any change in the applicable Code after the date of the subject Structural Analysis and prior to Licensee’s completion of installation of any tower-mounted Equipment as described in Exhibit B (or as described in any future amendment for a Modification), Licensor determines that the tower at the Site no longer has sufficient capacity to accommodate any permitted but uninstalled tower- mounted Equipment, then the right to install any such tower-mounted Equipment not installed shall be deemed waived, with no reduction of the Basic Payment. No capacity or rights will be reserved for future installation of such tower-mounted Equipment after such change in such applicable Code; provided, however, the parties may negotiate terms and conditions pursuant to which the modifications to the Site or tower will be made for the purpose of accommodating any such permitted but uninstalled tower-mounted Equipment. 2.2.3 Consent to Use of Shared Equipment Shelter. The parties acknowledge that Licensee intends to install, or cause to be installed, its ground-based Equipment entirely within a certain equipment shelter or cabinet on the Site (the “Shared Equipment Shelter”), which Shared Equipment Shelter is owned and maintained by another site user (the “Shelter Owner”) and located on the ground as set forth in the Site Plan attached hereto as Exhibit C. Licensor hereby consents to Licensee’s use of the Shared Equipment Shelter pursuant to the sublease, license or other right to use the Shared Equipment Shelter as may be granted by Shelter Owner to Licensee (the “Shared Use Grant”); provided, however, Licensee’s right to use the Shared Equipment Shelter shall immediately terminate upon the termination of any of the following: the co-location agreement between Licensor and Shelter Owner with respect to Shelter Owner’s use of the Site, this Agreement, Shelter Owner’s right to use the subject ground space, or the Shared Use Grant. In the event of any such termination, Licensee shall license from Licensor ground space at the Site, subject to availability, for the placement of its own equipment shelter or cabinet and other ground-based Customer Site Name: Blythe Crown Site Name: Blythe (SR88) Customer Site No.: N/A JDE Business Unit: 871158 Customer Type: Government License Identifier: 708678 Type of Site: Crown Site TT: E 1532037 Prepared by: K Broach App Rev #: 7 Prepared on: 6/28/2019 LRF Rev #: 4 Revised on: 11/16/2019 CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 8 equipment. Such license of ground space shall be evidenced by a written amendment to this Agreement and warrant an increase to the Basic Payment due hereunder. 2.3 Application for Modifications. Licensee shall apply to make Modifications by submitting a Site Engineering Application to Licensor together with payment of the Modification Application Fee. A Structural Analysis, AM Detuning Study or an Intermodulation Study may be required by Licensor in connection with a proposed Modification, and Licensee w ill be liable for the subject Structural Analysis Fee, AM Detuning Study Fee or Intermodulation Study Fee, as applicable. Any approved Modification shall be evidenced by an amendment to this Agreement, and the Site Engineering Application approved by Licensor describing the Modification shall be an exhibit to said amendment. Licensee agrees that any Modification, or change in Licensee’s use of the Licensed Space, as approved herein, may entitle Licensor to additional compensation. Licensor is not obligated to approve applications for Modifications. 2.4 Conditions Precedent to Installation of Equipment or Modification. With respect to the installation of Equipment not already installed on the Site pursuant to a Prior Agreement, and with respect to any Modifications to Equipment, the parties agree that, notwithstanding anything to the contrary herein, Licensee’s right to install Equipment or make a Modification to Equipment at the Site shall not commence until the following conditions are satisfied: (i) Licensor has received any written consent required under the Prime Lease or Deed to allow Licensor to license the Licensed Space to Licensee, if such consent is required, or Licensor has determined that no such written consent is required; (ii) a Site Engineering Application for such installation or Modification has been approved by Licensor; (iii) Licensor has received and approved Licensee’s drawings showing the proposed installation of or Modification to the Equipment; (iv) Licensee has received and provided to Licensor (and Licensor has reviewed and accepted) copies of (a) all required permits, if any, for its installation of or Modification to the Equipment and (b) all required regulatory or governmental approvals pertaining to Licensee’s proposed use of the Site; (v) Licensor has received a waiver of any rights of first refusal applicable to the Licensed Space identified in the subject Site Engineering Application; (vi) the Site Application Fee, Modification Application Fee, Structural Analysis Fee, Intermodulation Study Fee and AM Detuning Study Fee, as applicable, have been paid; and (vii) an NTP pertaining to such installation or Modification has been issued by Licensor and fully executed in accordance with Licensor’s NTP process. With respect to Licensee’s initial installation of Equipment on the Site, if any applicable conditions precedent are not satisfied within one hundred eighty (180) days after the date of full execution of this Agreement, either party shall have the right to terminate this Agreement upon written notice to the other party; provided, however, the foregoing right to terminate this Agreement shall expire upon satisfaction of all applicable conditions precedent if said termination right was not previously exercised by either party. Licensor and Licensee shall cooperate to satisfy any conditions precedent. 2.5 Performance of Work. Licensee may engage Crown Castle to install Licensee’s Equipment, to make approved Modifications to Licensee’s Equipment, or to remove Licensee’s Equipment from the Site pursuant to this Section 2 (the “Work”). With respect to each such engagement, Licensee shall pay to Crown Castle a fee equal to the cost of the subject Work plus fifteen percent (15%), except to the extent as may otherwise be set forth in an applicable Services Agreement between Licensee and Crown Customer Site Name: Blythe Crown Site Name: Blythe (SR88) Customer Site No.: N/A JDE Business Unit: 871158 Customer Type: Government License Identifier: 708678 Type of Site: Crown Site TT: E 1532037 Prepared by: K Broach App Rev #: 7 Prepared on: 6/28/2019 LRF Rev #: 4 Revised on: 11/16/2019 CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 9 Castle, and such Work shall otherwise be performed upon other terms mutually agreed upon by Licensee and Crown Castle as set forth in an applicable Services Agreement; provided, however, in the event that Licensee does not engage Crown Castle to perform the Work, Licensee shall (i) only engage a contractor approved by Crown Castle to perform the Work and (ii) pay to Crown Castle the Inspection Fee upon completion of the Work. Notwithstanding Crown Castle’s inspection of any Work not performed by Crown Castle, neither Licensor nor Crown Castle shall in any way be liable for any defect in the Work or any of the materials used, and Licensee shall not rely on Licensor’s inspection of the Work as confir mation that no defects exist. All Work shall be performed in accordance with the standards set forth in the Installation Standards. The foregoing requirement that Licensee only engage Crown Castle or a contractor approved by Crown Castle to perform Work on the Site is a material term of this Agreement. 2.6 Closeout Documentation. In the event that Licensee engages Crown Castle to perform any Work for Licensee pursuant to Section 2.5 above, Licensor shall provide or cause Crown Castle to provide to Licensee all Closeout Documentation with respect to such Work within forty-five (45) days after completion of the Work. In the event that Licensee does not engage Crown Castle to perform any Work for Licensee and Licensee engages a contractor approved by Crown Castle to perform the Work pursuant to Section 2.5 above, Licensee shall provide to Licensor all Closeout Documentation with respect to such Work within forty-five (45) days after completion of the Work. Notwithstanding the foregoing, in the event that Licensee fails to provide to Licensor said Closeout Documentation within said forty-five (45) day period, Licensee shall pay to Licensor One Thousand Five Hundred and 00/100 Dollars ($1,500.00) for the purpose of defraying Licensor’s costs associated with preparation of the Closeout Documentation required hereunder. Said amount is subject to adjustment in accordance with Section 5.2 below. 2.7 Licensor’s Remedies for Undocumented Installation or Modification. In the event that Licensee breaches this Agreement by installing Equipment or making a Modification other than as permitted hereunder, it shall constitute a material breach of contract and Licensor shall have the following remedies, notwithstanding any other terms of this Agreement: (i) the right to collect from Licensee an administrative fee equal to six (6) times the monthly portion of the Basic Payment (based on the amount of the Basic Payment at the time of said notice), plus the Modification Application Fee, plus any costs incurred to assess the impact of the unauthorized installation or Modification; (ii) the right to collect from Licensee any direct and consequential damages related to such unauthorized installation or Modification; and (iii) the right to collect the Basic Payment for the Site retroactive to the date of the unauthorized installation or Modification. In the alternative to other remedies available to Licensor hereunder (i.e., the other remedies available to Licensor outside of this Section 2.7), Licensor may terminate this Agreement and require Licensee to immediately vacate the Site. 2.8 Acceptance of Licensed Space and Site. By executing and delivering this Agreement, Licensee: (i) accepts the Licensed Space and Site, including any improvements located thereon, as suitable for the purposes for which the Licensed Space is licensed to Licensee hereunder; (ii) accepts the Licensed Space and Site, including any improvements located thereon, and every part and appurtenance thereof in their “AS IS, WHERE IS” condition; and (iii) waives any claims against Licensor related to defects in the Customer Site Name: Blythe Crown Site Name: Blythe (SR88) Customer Site No.: N/A JDE Business Unit: 871158 Customer Type: Government License Identifier: 708678 Type of Site: Crown Site TT: E 1532037 Prepared by: K Broach App Rev #: 7 Prepared on: 6/28/2019 LRF Rev #: 4 Revised on: 11/16/2019 CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 10 Licensed Space or Site, including any improvements located thereon, and their habitability or suitability for any permitted purposes, except if otherwise expressly provided hereunder. 3. ACCESS, USE OF SITE, ZONING APPROVAL, UTILITIES 3.1 Access to Site. Licensor hereby grants to Licensee a non-exclusive license for pedestrian and vehicular ingress to and egress from the Site over the designated access area to the Site as described in Exhibit A, and non-exclusive license to access Licensor’s utility easement, if any, on a 24 hour per day, 7 day per week basis, subject, however, to any restrictions in the Prime Lease or Deed or any underlying easement, for the purposes of maintaining, operating and repairing the Equipment, together with a license to maintain, operate and repair utility lines, wires, cables, pipes, lines, or any other means of providing utility service, including electric and telephone service, to the Licensed Space. Licensor shall have no duty to remove snow or otherwise maintain the access area; provided, however, in the event that Licensee requires access to the Site but snow or some other obstruction on or in the access area is preventing or otherwise materially hindering Licensee’s access to the Site, then Licensee shall notify Licensor of such snow or other obstruction and Licensor and Licensee shall cooperate with one another for the removal of such snow or other obstruction, on terms mutually agreeable to the parties. 3.2 Authorized Persons; Safety of Personnel. Licensee’s right of access to the Site shall be limited to contractors approved by Crown Castle or persons under their direct supervision. Licensee shall not allow any person to climb a tower for or on behalf of Licensee without ensuring that such person works for a contractor approved by Crown Castle for the subject Work. The foregoing limitations on Site and tower access are material terms of this Agreement. 3.3 Notice to Licensor. Licensee agrees to provide prior notice of any access to be made by Licensee or its contractors or subcontractors to the Site by calling Licensor’s Network Operations Center at (800) 788-7011 (or by providing notice as otherwise directed by Licensor). For safety reasons, access to the Site is restricted to times when elevated work is not being performed on any tower at the Site by any other person. 3.4 Licensee’s Use of the Site. Licensee shall use the Licensed Space at the Site to install, operate and maintain only the Equipment and shall transmit and receive only within the FCC-licensed or unlicensed frequency ranges specified herein, at the power levels specified herein. 3.5 Permits, Authorizations and Licenses. Except as otherwise agreed by the parties in writing, Licensee shall be solely responsible for obtaining, at its own expense, all required permits, authorizations and licenses (if any) associated with its occupancy of Licensed Space at the Site and utilization of Equipment thereon and shall promptly provide copies thereof to Licensor. 3.6 Zoning Approval. At least seventy-two (72) hours before submitting any zoning application or amendment to the applicable zoning authority in relation to its installation of or Modification to Equipment at the Site, Licensee must provide Licensor with copies of such zoning application or Customer Site Name: Blythe Crown Site Name: Blythe (SR88) Customer Site No.: N/A JDE Business Unit: 871158 Customer Type: Government License Identifier: 708678 Type of Site: Crown Site TT: E 1532037 Prepared by: K Broach App Rev #: 7 Prepared on: 6/28/2019 LRF Rev #: 4 Revised on: 11/16/2019 CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 11 amendment. Licensor shall respond to Licensee with its approval or rejection of such zoning application or amendment within seventy-two (72) hours after its receipt of copies thereof, provided that if Licensor does not respond within said period, Licensor shall be deemed to have approved same. Licensor reserves the right to (i) require that it be named as co-applicant on any such zoning application or amendment or (ii) require revisions to any such zoning application or amendment. Licensor also reserves the right, prior to any decision by the applicable zoning authority, to approve or reject any conditions of approval, limitations or other obligations that would apply to the owner of the Site or property on which the Site is located, or any existing or future Site licensee, as a condition of such zoning authority’s approval; provided, however, Licensor shall not unreasonably withhold or delay approval of any such conditions of approval, limitations or other obligations. Except as otherwise agreed by the parties in writing, Licensee shall be solely responsible for all costs and expenses associated with (a) any zoning application or amendment submitted by Licensee, (b) making any improvements or performing any other obligations required as a condition of approval with respect to same and (c) any other related expenses. 3.7 Utilities. Licensee shall pay for all electricity and other utilities it uses. If separate metering is unavailable, Licensee shall pay a share of such costs as reasonably allocated by Licensor. 4. TERM 4.1 Term of Agreement. The term of this Agreement shall commence on the Term Commencement Date and continue for a period of fifteen (15) year(s), subject to the following sentence. This Agreement shall (i) terminate absolutely and without further obligation on the part of either party each and every December 31st, at 11:59 PM, as required by OCGA § 36-60-13, as amended, unless terminated earlier in accordance with the termination provisions of of this Agreement; and (iii) terminate absolutely, with no further renewals, on the last day of the final renewal term as set forth in Section 4.2, below unless extended by written amendment. 4.2 Automatic Term Renewal. The Term shall automatically extend for two (2) renewal period(s) of fifteen (15) year(s) each unless either party provides written notice to the other of its election not to renew the Term, at least One Hundred Twenty (120) days prior to the Current Term Expiration Date; provided, however, in the event that Licensee provides written notice of non-renewal to Licensor in accordance herewith but does not cause its Equipment to be removed from the Site prior to the Current Term Expiration Date, then Section 23 below shall apply with respect thereto. 4.3 Term Subject to Prime Lease. Notwithstanding the foregoing, if a Prime Lease applies to the Site, and the term of the Prime Lease expires or terminates sooner than the expiration or termination of this Agreement, and Licensor has not assigned (and is not obligated to assign) its rights hereunder to Landlord, then the Term of this Agreement shall continue and remain in effect only as long as Licensor retains its interest under the Prime Lease. Customer Site Name: Blythe Crown Site Name: Blythe (SR88) Customer Site No.: N/A JDE Business Unit: 871158 Customer Type: Government License Identifier: 708678 Type of Site: Crown Site TT: E 1532037 Prepared by: K Broach App Rev #: 7 Prepared on: 6/28/2019 LRF Rev #: 4 Revised on: 11/16/2019 CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 12 5. CONSIDERATION 5.1 Basic Payment. Licensee shall pay to Licensor Two Thousand Six Hundred and 00/100 Dollars ($2,600.00) per month, subject to adjustment in accordance with Section 5.2 below (the “Basic Payment”), for its license and use of the Licensed Space. The Basic Payment shall be paid in arrears on a net 30 basis and without demand, in equal monthly payments payable on the Basic Payment Commencement Date, and on the first day of each month thereafter continuing for the Term, subject to extensions as provided for herein. Payments shall be made by check payable to Pinnacle Towers LLC, PO Box 409250 Atlanta, GA 30384-9250. Licensee shall include the JDE Business Unit No. 871158 on or with each payment. Payments for any partial month shall be prorated. 5.2 Adjustments to Basic Payment and Other Fees. The Basic Payment and all other fees herein that are expressed as fixed dollar amounts (excluding any fees in this Section 5 other than the Basic Payment that are expressed as fixed dollar amounts) shall be increased (but never decreased) on the first anniversary of the Basic Payment Commencement Date and every anniversary of such date thereafter (the “Adjustment Date”) by three percent (3%). Licensor’s failure to demand any such increase shall not be construed as a waiver of any right thereto and Licensee shall be obligated to remit all increases notwithstanding any lack of notice or demand thereof. Such adjustment to the Basic Payment and other fees shall be calculated by the following formula: The Adjusted Fee = Base Fee + (Base Fee x 3%) 5.3 Regulatory Compliance Costs. In the event that Licensor incurs Regulatory Compliance Costs at the Site during the Term, then, at Licensor’s election, Licensee shall pay to Licensor its Pro Rata Share of such Regulatory Compliance Costs within thirty (30) days of receipt of Licensor’s invoice for same (together with supporting documentation). 5.4 Taxes, Fees and Assessments. Licensee shall pay directly to the applicable Government Entity, or to Licensor if Licensor is invoiced by such Government Entity, if and when due, all taxes, fees, assessments or other charges assessed by such Government Entity against the Equipment or Licensee’s use of the Site or the Licensed Space. Licensee shall pay to Licensor or the appropriate taxing authority, if and when due, any sales, use, ad valorem or other similar taxes or assessments which are assessed or due by reason of this Agreement or Licensee’s use of the Site or the Licensed Space. At Licensor’s election, Licensee shall also pay to Licensor its Pro Rata Share of all taxes, fees, assessments or charges assessed by any Government Entity against the Site itself or against Licensor’s improvements thereon. Licensor shall provide notice (together with supporting documentation) of any assessments to be paid by Licensee promptly upon receipt. Licensor shall invoice Licensee annually, indicating the amount of the assessment, Licensee’s Pro Rata Share and the amount due. Said invoices shall be paid within thirty (30) days of Licensee’s receipt. 5.5 INTENTIONALLY OMITTED. 5.6 INTENTIONALLY OMITTED. Customer Site Name: Blythe Crown Site Name: Blythe (SR88) Customer Site No.: N/A JDE Business Unit: 871158 Customer Type: Government License Identifier: 708678 Type of Site: Crown Site TT: E 1532037 Prepared by: K Broach App Rev #: 7 Prepared on: 6/28/2019 LRF Rev #: 4 Revised on: 11/16/2019 CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 13 6. INTERFERENCE 6.1 Interference to Licensee’s Licensed Operations. Licensor agrees that neither Licensor nor Licensor’s other licensees or tenants at the Site, whose equipment at the Site is installed or modified subsequently to the installation or Modification of Licensee’s Licensed Equipment (“Subsequent Use”), shall permit their equipment to interfere with Licensee’s FCC-licensed transmissions or reception in excess of levels permitted by the FCC. In the event that any Subsequent Use causes RF interference to Licensee’s FCC-licensed transmissions or reception in excess of levels permitted by the FCC, then (i) Licensee shall notify Licensor in writing of such RF interference, (ii) Licensor shall cause the party whose Subsequent Use is causing said RF interference to reduce power or cease operations in order to correct and eliminate such RF interference within seventy-two (72) hours after Licensor’s receipt of such notice, and (iii) the entity responsible for the Subsequent Use shall be obligated to perform (or cause to be performed) whatever actions are commercially reasonable and necessary at no cost or expense to Licensee to eliminate such RF interference to Licensee’s FCC-licensed transmissions or reception. Licensor further agrees that any new licenses or other agreements that Licensor executes with third parties for a Subsequent Use will contain provisions that similarly require such users to correct or eliminate RF interference with Licensee’s operation of its Licensed Equipment following receipt of a notice of such RF interference. 6.2 Interference by Licensee. Notwithstanding any prior approval by Licensor of Licensee’s Equipment, Licensee agrees that it will not allow its Equipment to cause RF interference to Licensor or other uses of users of the Site (including Pre-Existing Uses) in excess of levels permitted by the FCC. If Licensee is notified in writing that its operations are causing such RF interference, Licensee will immediately take all commercially reasonable and necessary steps to determine the cause of and eliminate such RF interference. If the RF interference continues for a period in excess of seventy-two (72) hours following such notification, Licensor shall have the right to require Licensee to reduce power or cease operations until such time as Licensee can make repairs to the interfering Equipment. In the event that Licensee fails to promptly take such action as agreed, then Licensor shall have the right to terminate the operation of the Equipment causing such RF interference, at Licensee’s cost, and without liability to Licensor for any inconvenience, disturbance, loss of business or other damage to Licensee as the result of such actions. To the extent allowed by law, Licensee shall indemnify and hold Licensor and its subsidiaries and affiliates harmless from all costs, expenses, damages, claims and liability that result from RF interference caused by Licensee’s Equipment. 6.3 Interference to Licensee’s Unlicensed Operations. Licensee acknowledges that if Licensee’s operation of any Unlicensed Equipment is subject to any RF or physical interference, then neither Licensor nor other users of the Site have any duty or obligation to remedy the interference to such Unlicensed Equipment. Licensee may, after taking all commercially reasonable actions to remedy the interference to the operation of its Unlicensed Equipment, submit a Site Engineering Application to request relocation of such Equipment to another location at the Site. Licensor shall approve the Site Engineering Application if sufficient space and capacity are available at the Site to accommodate such Unlicensed Equipment without interference (physical or electrical) to other users of the Site, as determined by Licensor Customer Site Name: Blythe Crown Site Name: Blythe (SR88) Customer Site No.: N/A JDE Business Unit: 871158 Customer Type: Government License Identifier: 708678 Type of Site: Crown Site TT: E 1532037 Prepared by: K Broach App Rev #: 7 Prepared on: 6/28/2019 LRF Rev #: 4 Revised on: 11/16/2019 CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 14 in its sole judgment. All costs for said relocation shall be the sole responsibility of Licensee. If the Site Engineering Application for said relocation is approved by Licensor, all other terms of this Agreement shall continue to apply to such Unlicensed Equipment as relocated and this Agreement shall be amended to reflect such relocation. 7. RELOCATION OF EQUIPMENT BY LICENSOR 7.1 Relocation of Equipment at Licensor’s Option. Licensor shall have the right to change the location of the Equipment (including re-location of Equipment on the tower to an elevation used by other licensees, or re-location of Equipment to another tower located or to be constructed on the Site) upon sixty (60) days written notice to Licensee, provided that said change does not, when complete, materially alter the coverage or signal pattern of the Equipment existing prior to the change. Any such relocation shall be performed at Licensor’s expense and with reasonably minimal disruption to Licensee’s operations and shall be evidenced by an amendment to this Agreement. 7.2 INTENTIONALLY OMITTED. 8. RF EXPOSURE Licensee agrees to reduce power or suspend operation of its Equipment if necessary and upon reasonable notice to prevent exposure of workers or the public to RF radiation in excess of the then-existing regulatory standards. 9. LIENS Licensee shall keep the Licensed Space, the Site and any interest it or Licensor has therein free from any liens arising from any work performed, materials furnished or obligations incurred by or at the request of Licensee, including any mortgages or other financing obligations, and shall discharge any such lien filed, in a manner satisfactory to Licensor, within thirty (30) days after Licensee receives written notice from any party that the lien has been filed. 10. INDEMNIFICATION To the extent allowed by law, each party shall indemnify, defend and hold the other party, and its affiliates, subsidiaries, directors, officers, managers, employees and contractors, harmless from and against any claim, action, damages, liability loss, cost or expense (including reasonable attorney’s fees), resulting from or arising out of the indemnifying party’s or any of its contractors’, subcontractors’, servants’, agents’ or invitees’ use or occupancy of the Site; provided, however, Licensor shall not be obligated to indemnify, defend and hold Licensee, its affiliates, subsidiaries, directors, officers, employees and contractors, harmless from and against any claim, action, damages, liability, loss, cost or expense (including reasonable Customer Site Name: Blythe Crown Site Name: Blythe (SR88) Customer Site No.: N/A JDE Business Unit: 871158 Customer Type: Government License Identifier: 708678 Type of Site: Crown Site TT: E 1532037 Prepared by: K Broach App Rev #: 7 Prepared on: 6/28/2019 LRF Rev #: 4 Revised on: 11/16/2019 CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 15 attorney’s fees), resulting from or arising out of Licensor’s and/or any of its contractors’, subcontractors’, servants’, agents’ or invitees’ use or occupancy of the Site if and to the same extent that Licensee would not be allowed by law to indemnify, defend and hold Licensor, its affiliates, subsidiaries, directors, officers, employees and contractors, harmless if such claim, action, damages, liability, loss, cost or expense (including reasonable attorney’s fees), resulted from or arose out of Licensee’s and/or any of its contractors’, subcontractors’, servants’, agents’ or invitees’ use or occupancy of the Site. 11. INSURANCE Licensee shall carry commercial general liability insurance on a form providing coverage at least as broad as the ISO CG 0001 10 01 policy form covering its occupancy and use of the Site. The liability insurance policies, automobile, commercial general liability, and umbrella shall be endorsed to cover Licensor (and Licensor’s manager, as applicable) as an additional insured on a primary and non- contributory basis such that the umbrella liability policy, primary auto liability and commercial general liability all apply as primary with regard to any primary liability insurance maintained by Licensor (and any primary liability insurance maintained by Licensor’s manager, as applicable) on a form that does not exclude the concurrent negligence of the additional insured. At a minimum, Licensee and all parties accessing the Site for or on behalf of Licensee (other than independent contractors of Licensee, which must provide coverage as separately specified by Licensor) shall obtain the following insurance coverage: (i) statutory workers’ compensation including employer’s liability with the following limits: $1,000,000 per accident; $1,000,000 disease, each employee; and $1,000,000 disease policy limit; (ii) commercial general liability covering bodily injury, death and property damage including, but not limited to, coverage for explosion, collapse and underground exposures (XCU) and products/completed operations with limits not less than $1,000,000 per occurrence, combined single limit with a $2,000,000 general policy aggregate and a separate products/completed operations aggregate of $2,000,000; (iii) automobile liability covering all owned, hired and non-owned vehicles with combined single limits not less than $1,000,000 per accident; (iv) umbrella liability insurance of $5,000,000; and (v) commercial all risk of loss fire with extended coverage insurance covering all of Licensee’s equipment and improvements at the Site. If Licensee carries insurance with limits higher than the minimum limits required by this Section 11, then such higher limits shall apply as to comply with the limits required by this Section 11. The commercial general liability limits identified above shall be increased on every tenth (10th) anniversary of this Agreement by twenty-five percent (25%) over the limit of insurance for the immediately preceding ten (10) year period. All insurers will carry a minimum A.M. Best A-(FSC VIII) or equivalent rating and must be licensed to do business in the state where the Site is located. All policies required to be provided pursuant to this section shall contain a waiver of subrogation in favor of Licensor (and Licensor’s manager, as applicable). The insurance requirements in this Agreement shall not be construed to limit or otherwise affect the liability of the Licensee. Licensee shall provide certificates of insurance evidencing said coverage to Licensor upon execution of this agreement and at least annually as the policies renew. Any failure on the part of Licensor to request the required certificates of insurance shall not in any way be construed as a Customer Site Name: Blythe Crown Site Name: Blythe (SR88) Customer Site No.: N/A JDE Business Unit: 871158 Customer Type: Government License Identifier: 708678 Type of Site: Crown Site TT: E 1532037 Prepared by: K Broach App Rev #: 7 Prepared on: 6/28/2019 LRF Rev #: 4 Revised on: 11/16/2019 CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 16 waiver of any of the aforesaid insurance requirements. Licensee shall agree to provide a copy of said policies upon receipt of written request by Licensor. Licensee agrees to provide notice to Licensor within two (2) business days of receipt of any cancellation notice of any of the required insurance policies. Notwithstanding the foregoing, it is acknowledged and agreed that Licensee (for itself alone) shall be entitled to self-insure for all or a portion of the above coverages and insurance requirements in accordance with Licensee’s customary and usual practice. Licensee agrees to provide to Licensor its standard form of letter confirming Licensee’s responsibility for claims and liability with value up to the amount of Licensee’s self-insured retention, and, if applicable, the existence of Licensee’s excess liability insurance coverage above such amount sufficient to meet the insurance coverage requirements hereunder. Such self-insurance shall respond in the same manner that the required insurance policies would have if the Licensee had purchased insurance in the standard insurance market. 12. CASUALTY OR CONDEMNATION 12.1 Casualty. In the event that the Site, or any part thereof, is damaged by fire or other casualty not caused by Licensee, then Licensor shall have (i) ninety (90) days from the date of damage, if the damage is less than total destruction of the Site, in which to make repairs, and (ii) one hundred and eighty (180) days from date of destruction, if the Site (including the tower structure) is destroyed, in which to replace the destroyed portion of the Site. If Licensor fails for any reason to make such repair or restoration within the stipulated period and the damage or destruction effectively precludes Licensee’s use of the Site as authorized under this Agreement, then either party may, at its option, terminate this Agreement without further liability of the parties, as of the date of partial or complete destruction. If, for any reason whatsoever, Licensee’s use of the Site is interrupted due to casualty, Licensee’s sole remedy for such interruption of use shall be abatement of the Basic Payment for the period during which Licensee’s use of the Site is interrupted. Except with regard to repair of the Site as stated in this Section 12.1, Licensor shall not be responsible for any damage caused by vandalism or acts of God. In no event shall Licensor be liable to Licensee for damage to the Equipment or interruption or termination of Licensee’s operations caused by forces majeure or acts of God. 12.2 Condemnation. If any part of the Site is taken under the power of eminent domain, Licensor and Licensee shall be entitled to assert their respective claims in accordance with applicable state law. 13. DEFAULT, REMEDIES, WAIVER OF CONSEQUENTIAL DAMAGES Each of the following shall constitute an Event of Default hereunder: (i) Licensee’s failure to pay any amount due hereunder within ten (10) days after receipt of written notice from Licensor that said payment is delinquent; (ii) Licensee’s engagement of a contractor not approved by Crown Castle to perform Work on the Site in violation of the requirements of Section 2.5 above; (iii) Licensee’s breach of this Agreement by installing Equipment or making a Modification other than as permitted hereunder as described in Section 2.7 above; (iv) Licensee’s violation of the Site or tower access limitations in Section Customer Site Name: Blythe Crown Site Name: Blythe (SR88) Customer Site No.: N/A JDE Business Unit: 871158 Customer Type: Government License Identifier: 708678 Type of Site: Crown Site TT: E 1532037 Prepared by: K Broach App Rev #: 7 Prepared on: 6/28/2019 LRF Rev #: 4 Revised on: 11/16/2019 CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 17 3.2 above; (v) Licensee’s failure to stop its Equipment from causing RF interference to Licensor or other pre-existing uses of users of the Site in violation of the requirements of Section 6.2 above; and (vi) either party’s failure to cure any breach of any other covenant of such party herein within thirty (30) days after receipt of written notice from the non-breaching party of said breach, provided, however, such thirty (30) day cure period shall be extended upon the breaching party’s request if deemed by the non-breaching party to be reasonably necessary to permit the breaching party to complete the cure, and further provided that the breaching party shall commence any cure within the thirty (30) day period and thereafter continuously and diligently pursue and complete such cure. In the Event of Default by Licensee, upon Licensor’s demand, Licensee shall immediately make full payment of all amounts that Licensor would have been entitled to receive hereunder for the remainder of the then-current Term, and Licensor shall have the right to accelerate and collect said payments, which right is in addition to all other remedies available to Licensor hereunder or at law, including the right to terminate this Agreement as set forth in Section 19.3 below. To the extent that it is not prohibited by law, Licensee agrees that, if any payment to be made under this Agreement is not received by Licensor by the date it is due, Licensee will pay Licensor a late fee of the lesser of Thirty- Five Dollars ($35.00), or the maximum amount allowed by law for each month or partial month that elapses until said payment is received by Licensor. Said amount shall be adjusted as set forth in Section 5.2 above. Imposition of late fees is not a waiver of Licensor’s right to declare this Agreement in default if the Basic Payment or any other payment is not made when due. Except as otherwise provided in Section 2.7 above, neither party shall be liable to the other for consequential, indirect, special, punitive or exemplary damages for any cause of action whether in contract, tort or otherwise, hereunder to the extent allowed by law. 14. USE OF HAZARDOUS CHEMICALS Licensee must inform Licensor (in the Site Engineering Application attached hereto as part of Exhibit B or in a separate written notice) if it will house batteries or fuel tanks on the Site. The use of any other hazardous chemicals on the Site requires Licensor’s prior written approval. Licensee agrees to provide to Licensor no later than each January 15th, an annual inventory of its hazardous chemicals on the Site. 15. GOVERNING LAW, VENUE The laws of the state or commonwealth where the Site is located, regardless of conflict of law principles, shall govern this Agreement, and any dispute related to this Agreement shall be resolved by mediation or litigation in said state or commonwealth. The period for bringing any dispute related to this Agreement to mediation shall be the same period that would apply under the applicable statute of limitations were such dispute to be brought to litigation. Any action, suit, or other legal proceeding that is commenced to resolve any matter arising under or relating to this Agreement shall be commenced only in the Superior Court of Richmond County, Georgia or United States District Court for the Southern District of Georgia, Augusta Division. Customer Site Name: Blythe Crown Site Name: Blythe (SR88) Customer Site No.: N/A JDE Business Unit: 871158 Customer Type: Government License Identifier: 708678 Type of Site: Crown Site TT: E 1532037 Prepared by: K Broach App Rev #: 7 Prepared on: 6/28/2019 LRF Rev #: 4 Revised on: 11/16/2019 CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 18 16. ASSIGNMENT, SUBLEASE, SHARING This Agreement may not be sold, assigned or transferred, in whole or in part, by Licensee without the prior written approval or consent of Licensor, which consent may be withheld at Licensor’s sole discretion. Licensor’s consent to any such assignment, and Licensee’s and the assignee’s representations to, and agreements with, Licensor pertaining to such assignment, shall be evidenced by a form to be provided by Licensor and executed by Licensor, Licensee and the assignee. Licensee shall not sublease or license its interest in this Agreement, in whole or in part, either directly or through affiliated entities, agencies or departments. Licensee shall not share the use of its Equipment with any third party. Notwithstanding the foregoing, Licensee may allow other government entities, agencies and departments to benefit from the operation of the Equipment, provided that any access to the Site by such other government entities, agencies or departments is expressly prohibited and shall be deemed to be a violation of the access limitations set forth in Section 3.2 above. 17. NOTICES Except for notices of access which are to be provided as set forth in Section 3.3 above, all notices hereunder shall be in writing and shall be given by (i) established express delivery service which maintains delivery records, (ii) hand delivery or (iii) certified or registered mail, postage prepaid, return receipt requested. Notices are effective upon receipt, or upon attempted delivery if delivery is refused or if delivery is impossible. The notices shall be sent to the parties at the following addresses: As to Licensee: City of Augusta GA 535 Telfair Street, Building 2000 Augusta, GA 30901 Attention: Information Technology Telephone Number: (706) 821-2300 As to Licensor: Pinnacle Towers LLC 2000 Corporate Drive Canonsburg, PA 15317 Attention: Legal Department Telephone Number: (724) 416-2000 Licensor or Licensee may from time to time designate any other address for this purpose by giving written notice to the other party. 18. PRIME LEASE OR DEED Licensor and Licensee acknowledge that Licensee’s use of the Site is subject and subordinate to the Prime Lease or Deed. A redacted copy of the Prime Lease or Deed is attached as Exhibit D hereto. Customer Site Name: Blythe Crown Site Name: Blythe (SR88) Customer Site No.: N/A JDE Business Unit: 871158 Customer Type: Government License Identifier: 708678 Type of Site: Crown Site TT: E 1532037 Prepared by: K Broach App Rev #: 7 Prepared on: 6/28/2019 LRF Rev #: 4 Revised on: 11/16/2019 CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 19 Licensee agrees to be bound by and to perform all of the duties and responsibilities required of the lessee, sublessee, licensee or grantee as set forth in the Prime Lease or Deed to the extent they are applicable to Licensee’s access to and use of the Site. 19. TERMINATION 19.1 Withdrawal or Termination of Site Zoning Approval or Permit. In the event that any Site zoning approval or any of Licensor’s permits to operate the Site as a communications facility is withdrawn or terminated, this Agreement shall terminate effective as of the termination of such Site zoning approval or permit. 19.2 Termination of Prime Lease. If a Prime Lease applies to the Site and the Prime Lease terminates for any reason, this Agreement shall terminate effective as of the termination of the Prime Lease. 19.3 Termination in the Event of Default. In the Event of Default by either party (the “defaulting party”), the other party (the “non-defaulting party”) may terminate this Agreement by providing written notice of such termination to the defaulting party. Such written notice shall describe (i) the Event of Default, and (ii) in the case of a breach that could have been cured in accordance with Section 13, the defaulting party’s failure to cure such breach within the stipulated cure period. The non-defaulting party’s right to terminate this Agreement pursuant to this Section 19.3 is in addition to any other rights and remedies provided to the non-defaulting party by law or under this Agreement. 19.4 Termination by Licensee. Notwithstanding anything to the contrary herein, Licensee shall have the right to terminate this Agreement by providing ninety (90) days prior written notice of such termination to Licensor. Licensee shall, prior to the effective date of any such termination (the “Termination Date”), pay to Licensor all Basic Payments and other benefits due and owing to Licensor by Licensee up to and including the Termination Date and shall remove its Equipment and other personal property from the Site, and shall surrender the Licensed Space, on or before the Termination Date. 20. NO WAIVER No provision of this Agreement will be deemed to have been waived by either party unless the waiver is in writing and signed by the party against whom enforcement is attempted. 21. NON-DISCLOSURE The parties agree that, except to the extent otherwise required by law, without the express written consent of the other party, neither party shall reveal, disclose or publish to any third party the terms of this Agreement or any portion thereof, except to such party’s auditor, accountant, lender or attorney or to a Government Entity if required by regulation, subpoena or government order to do so. Notwithstanding the foregoing, either party may disclose the terms of this Agreement to any of its affiliated entities, and Licensor may disclose the terms of this Agreement (or relevant portions thereof) to (i) Landlord, if a Prime Lease Customer Site Name: Blythe Crown Site Name: Blythe (SR88) Customer Site No.: N/A JDE Business Unit: 871158 Customer Type: Government License Identifier: 708678 Type of Site: Crown Site TT: E 1532037 Prepared by: K Broach App Rev #: 7 Prepared on: 6/28/2019 LRF Rev #: 4 Revised on: 11/16/2019 CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 20 applies to the Site, (ii) any of its lenders or creditors, or (iii) third parties that are existing or potential lessees or licensees of space at the Site, to the extent such disclosure to such potential lessees or licensees is reasonably necessary for the operation, leasing, licensing and marketing of the Site. The terms that may be disclosed to such potential lessees or licensees may include terms relating to Licensee’s permitted frequencies for the purposes of RF compliance tests, and terms relating to Licensee’s Equipment (if any) installed, or to be installed, on the tower for the purposes of Structural Analysis. 22. SUBORDINATION, NON-DISTURBANCE, ATTORNMENT 22.1 Subordination. Subject to Section 22.2, this Agreement and Licensee’s rights hereunder are and will be subject and subordinate in all respects to: (i) a Security Instrument from Licensor in favor of Lender insofar as the Security Instrument affects the property of which the Site forms a part; (ii) any and all advances to be made thereunder; and (iii) any and all renewals, extensions, modifications, consolidations and replacements thereof. Said subordination is made with the same force and effect as if the Security Instrument had been executed prior to the execution of this Agreement. 22.2 Non-Disturbance. The subordination described in Section 22.1 is conditioned upon the agreement by Lender that, so long as this Agreement is in full force and effect and Licensee is not in material default (beyond applicable notice and cure periods) hereunder, Lender, for itself and on behalf of its successors in interest, and for any Acquiring Party, agrees that the right of possession of the Site and all other rights of Licensee pursuant to the terms of this Agreement shall remain in full force and effect and shall not be affected or disturbed by Lender in the exercise of its rights under the Security Instrument. 22.3 Liability of Parties. Licensee and Licensor agree (i) that any Conveyance shall be made subject to this Agreement and the rights of Licensee hereunder and (ii) that the parties shall be bound to one another and have the same remedies against one another for any breach of this Agreement as Licensee and Licensor had before such Conveyance; provided, however, that Lender or any Acquiring Party shall not be liable for any act or omission of Licensor or any other predecessor-in-interest to Lender or any Acquiring Party. Licensee agrees that Lender may join Licensee as a party in any action or proceeding to foreclose, provided that such joinder is necessary to foreclose on the Security Instrument and not for the purpose of terminating this Agreement. 22.4 Attornment. Licensee agrees that, upon receipt by Licensee of notice to attorn from Lender or any Acquiring Party, (i) Licensee shall not seek to terminate this Agreement and shall remain bound under this Agreement, provided that Licensee does not waive any rights that it may have hereunder to terminate this Agreement, in accordance with its terms, and (ii) Licensee shall attorn to, accept and recognize Lender or any Acquiring Party as the licensor hereunder pursuant to the provisions expressly set forth herein for the then remaining balance of the Term of this Agreement and any extensions or expansions thereof as made pursuant hereto. Licensee agrees to execute and deliver, at any time and from time to time, upon the request of Lender or any Acquiring Party any reasonable instrument which may be necessary or appropriate to evidence such attornment. Customer Site Name: Blythe Crown Site Name: Blythe (SR88) Customer Site No.: N/A JDE Business Unit: 871158 Customer Type: Government License Identifier: 708678 Type of Site: Crown Site TT: E 1532037 Prepared by: K Broach App Rev #: 7 Prepared on: 6/28/2019 LRF Rev #: 4 Revised on: 11/16/2019 CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 21 23. SURRENDER OF LICENSED SPACE, REMOVAL OF EQUIPMENT, REMAINING EQUIPMENT FEE Licensee shall remove all of its Equipment and other personal property from the Site prior to, and shall surrender the Licensed Space upon, the termination or expiration of this Agreement. The removal of Licensee’s Equipment and other personal property shall be performed in such a manner as not to interfere with the continuing use of the Site by Licensor and others. Licensee shall, at Licensee’s sole expense, promptly repair any damage caused by such removal, reasonable wear and tear excepted, to the Site, to the Licensed Space or to the equipment of any third party on the Site. Should any of Licensee’s Equipment or other property remain on the Site after the expiration or termination of this Agreement, then: (i) no tenancy or interest in the Site shall result, and all such Equipment and other property shall be subject to immediate removal; (ii) in addition to any other rights or remedies that Licensor may have hereunder or at law or in equity: (a) Licensee shall, upon demand, pay to Licensor a fee equal to one and one-half (1 ½) times the monthly portion of Basic Payment (based on the amount of the Basic Payment at the time of said expiration or termination) for each month or partial month during which any portion of Licensee’s Equipment remains at the Site after the expiration or termination of this Agreement, (b) Licensee shall pay to Licensor all expenses that Licensor may incur by reason of such Equipment or other property remaining at the Site after the expiration or termination of this Agreement, and (c) Licensee shall indemnify and hold Licensor harmless from and against all claims made against Licensor by any third party founded upon delay by Licensor in delivering possession of the Site to such third party or upon the improper or inadequate condition of the Site, to the extent that such delay or improper or inadequate condition is occasioned by the failure of Licensee to perform its said surrender obligations or timely surrender of the Licensed Space; and (iii) at any time, Licensor shall have the right, but not the obligation, to remove the Equipment or other property and store it, all at Licensee’s expense, subject to the following terms: (a) Licensor’s liability for any damage to the Equipment or other property occasioned by such removal and storage is expressly waived by Licensee, Customer Site Name: Blythe Crown Site Name: Blythe (SR88) Customer Site No.: N/A JDE Business Unit: 871158 Customer Type: Government License Identifier: 708678 Type of Site: Crown Site TT: E 1532037 Prepared by: K Broach App Rev #: 7 Prepared on: 6/28/2019 LRF Rev #: 4 Revised on: 11/16/2019 CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 22 (b) Equipment so removed shall be returned to Licensee upon payment in full of all removal and storage costs and any other fees owing under this Agreement, plus an administrative charge equal to fifty percent (50%) of the total of said removal and storage costs, and (c) notwithstanding the foregoing, any Equipment not retrieved by Licensee within ninety (90) days after its removal shall be deemed abandoned by Licensee, and shall become the property of Licensor without further action by either party, provided that such abandonment shall not relieve Licensee of liability for the costs of removal, storage and disposal of the Equipment, and Licensee shall reimburse Licensor for the cost of disposing of abandoned Equipment plus an administrative charge equal to fifty percent (50%) of the costs of said disposal. 24. PRIOR AGREEMENT SUPERSEDED The parties hereby agree that this Agreement shall be deemed to have revoked and superseded any Prior Agreement as of the Effective Date, and the terms of this Agreement (together with applicable Laws) shall govern with respect to all matters hereunder occurring on or after said date. 25. COMPLIANCE WITH LAWS Licensor shall, at Licensor’s expense, ensure that the tower structure (if any) operated by Licensor on the Site complies with all applicable Laws, including all rules and regulations promulgated by the FCC and FAA with regard to lighting, marking and painting, except where noncompliance is due to Licensee’s, Landlord’s, Grantor’s or other Site users’ negligence or willful misconduct. All installations and operations by Licensee in connection with this Agreement shall meet and comply with all applicable Laws, including all applicable local codes and regulations, and all applicable rules and regulations promulgated by the FCC and the FAA. Licensee shall promptly notify Licensor when Licensee becomes aware of a violation of any such Laws at the Site. 26. COUNTERPARTS AND ELECTRONIC SIGNATURE This Agreement may be executed by original, facsimile, or electronic signatures (complying with the U.S. Federal ESIGN Act of 2000, 15 U.S.C. 96) and in any number of counterparts which shall be considered one instrument. Counterparts, signed facsimile and electronic copies of this Agreement shall legally bind the parties to the same extent as original documents. [Signature page follows] Customer Site Name: Blythe Crown Site Name: Blythe (SR88) Customer Site No.: N/A JDE Business Unit: 871158 Customer Type: Government License Identifier: 708678 Type of Site: Crown Site TT: E 1532037 Prepared by: K Broach App Rev #: 7 Prepared on: 6/28/2019 LRF Rev #: 4 Revised on: 11/16/2019 CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 23 IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seals on the Effective Date. Licensor Pinnacle Towers LLC, a Delaware limited liability company By: [[CCISign1]]_______________________________ Print Name: [[CCIPrint1]]_________________________ Title: CCITitle1]]______________________________ [[ Date: [[CCIExecDate1]]_____________________________ Licensee Augusta, Georgia, a political subdivision of the State of Georgia By: ]]________________________________ [[Cu stSign 1 Print Name: [[Cu stPrint1]] _________________________ Title: ______________________________ [[Cu stTitle1]] Date: [[Cu stEx ecDate1]] _____________________________ Customer Site Name: Blythe Crown Site Name: Blythe (SR88) Customer Site No.: N/A JDE Business Unit: 871158 Customer Type: Government License Identifier: 708678 Type of Site: Crown Site TT: E 1532037 Prepared by: K Broach App Rev #: 7 Prepared on: 6/28/2019 LRF Rev #: 4 Revised on: 11/16/2019 CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 24 EXHIBIT A to Tower Site License Agreement SITE AND ACCESS AREA LEGAL DESCRIPTIONS See Attached   Customer Site Name: Blythe Crown Site Name: Blythe (SR88) Customer Site No.: N/A JDE Business Unit: 871158 Customer Type: Government License Identifier: 708678 Type of Site: Crown Site TT: E 1532037 Prepared by: K Broach App Rev #: 7 Prepared on: 6/28/2019 LRF Rev #: 4 Revised on: 11/16/2019 CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 25 EXHIBIT B to Tower Site License Agreement APPROVED EQUIPMENT See Attached Order Information Order ID Submitted By Original Submit Date JDE Job Number Revision Number 485717 Jessica Ogbunugafor Jun 07 2019 565043 7 Orders are subject to applicable Crown Castle engineering, regulatory, zoning/planning, and priority property-owner approval. Approval conditions may result in alternative requirements for type and/or placement of equipment. Approval conditions may also lead to additional or revised engineering analysis at Crown Castle discretion and upon consent of the customer. Site Information Site ID Crown Castle Structure Structure Height (ft)Crown Castle Site Name 871158 A 450.0 Blythe (SR88) Crown Castle District County GA Richmond Latitude Longitude Structure Type Site Address 33° 18' 55.13"-82° 9' 59.35"GUYED 3120 GA Hwy 88 BLYTHE, GA 30805 Order Parameters Who is the customer?What do you want to do? First Time Install on Site? What is the Scope of your Order? Augusta GA, City of License Agreement Yes Tower Equipment What is the scope of work? New Customer Install: customer proposing to install (3) antennas, (1) amplifier, (2) MW's, (2) elliptical lines, (1) 1-5/8" line, (2) 7/8" lines & (1) 1/2" line. Customer Billing Company Billing ID Number Billing Address Augusta, Georgia 2077051 535 TELFAIR STREET BUILDING 2000 AUGUSTA, GA 30901 Operating Legal Entity Operating Legal Entity ID Augusta, Georgia 2077051 Customer Site Name Customer Site Number Customer Job Number Customer Payment Reference Blythe ------ Customer Project Number Customer Market Customer Region ------ Project Management Vendor Crown Castle - PMV Contacts NAME EMAIL PHONE ADDRESS Mayor Hardie Davis, Jr.mayordavis@augustaga.gov RF Contacts There are currently no Contacts for this order. Page 1 Configuration Review Antennas MCL (ft) ACL (ft) TOTAL INSTALLED PROPOSED NOT INSTALLED MANUFACTURER / MODEL HEIGHT (in) WIDTH (in) DEPTH (in) WEIGHT (lbs) 160 160 1 0 1 0 RFS/CELWAVE / PAD6-W57BC 79.00 79.00 24.10 141.00 185 181 1 0 1 0 RFS/CELWAVE / PAD6-W57BC 79.00 79.00 24.10 141.00 369 360 1 0 1 0 RFI ANTENNAS / CC807-11 208.60 3.03 3.03 48.50 441 445 2 0 2 0 RFI ANTENNAS / CC807-11 208.60 3.03 3.03 48.50 Tower Mounted Equipment MCL (ft) ACL (ft) TOTAL INSTALLED PROPOSED NOT INSTALLED MANUFACTURER / MODEL TYPE HEIGHT (in) WIDTH (in) DEPTH (in) WEIGHT (lbs) 441 445 1 0 1 0 BIRD TECHNOLOGIES GROUP / 432E-83I-01-T AMPLIFIER 12.00 12.00 7.50 25.00 Feedlines MCL (ft) ACL (ft) TOTAL INSTALLED PROPOSED NOT INSTALLED MANUFACTURER / MODEL NOMINAL SIZE (in) NOMINAL O.D. (in) 160 160 1 0 1 0 RFS/CELWAVE / E65 ELLIPTICAL 2.00 185 181 1 0 1 0 RFS/CELWAVE / E65 ELLIPTICAL 2.00 369 360 1 0 1 0 ANDREW / LDF7-50A 1-5/8 1.98 441 445 1 0 1 0 ANDREW / LDF4-50A 1/2 0.62 441 445 2 0 2 0 ANDREW / LDF5-50A 7/8 1.03 Frequencies SVC TECHNOLOGY EIRP (WATTS)STANDARD FREQUENCY TRANSMIT FREQUENCY Digital 195.88 854.212 - 857.312MHZ MW Link 195.88 6.000 - 6.000GHZ All Receive frequencies are approved. Cabinets Number of Proposed Additional Cabinets 0 Lease Areas There are currently no Lease Areas for this order Power Do you need Crown to supply Power? No Battery Backup Required? No Equipment Antennas MANUFACTURER / MODEL ANTENNA CENTERLINE (ft) AZIMUTH CUSTOMER MOUNT CLASS MOUNT ORIENTATION STATUS RFI ANTENNAS / CC807-11 360 359 PIPE MOUNT Mid-Mount Proposed RFI ANTENNAS / CC807-11 445 359 PIPE MOUNT Mid-Mount Proposed RFI ANTENNAS / CC807-11 445 359 PIPE MOUNT Mid-Mount Proposed RFS/CELWAVE / PAD6-W57BC 160 28 PIPE MOUNT Mid-Mount Proposed RFS/CELWAVE / PAD6-W57BC 181 108 PIPE MOUNT Mid-Mount Proposed Page 2 Tower Mounted Equipment TYPE MANUFACTURER / MODEL TME CENTERLINE (ft) LOCATED ON ANTENNA MOUNT? MOUNT CLASS STATUS AMPLIFIER BIRD TECHNOLOGIES GROUP / 432E-83I-01-T 445 Yes Proposed Feedlines TYPE MANUFACTURER / MODEL NOMINAL SIZE (in) ATTACHED CENTERLINE (ft) LENGTH (ft) IN CONDUIT?STATUS COAX ANDREW / LDF7-50A 1-5/8 360 410 No Proposed COAX ANDREW / LDF5-50A 7/8 445 495 No Proposed COAX ANDREW / LDF5-50A 7/8 445 495 No Proposed COAX ANDREW / LDF4-50A 1/2 445 495 No Proposed ELLIPTICAL RFS/CELWAVE / E65 ELLIPTICAL 160 210 No Proposed ELLIPTICAL RFS/CELWAVE / E65 ELLIPTICAL 181 231 No Proposed NOTICE: Structural Analysis shall be performed in accordance with the current revision of the TIA/EIA 222 standard and applicable local building permit codes and standards. EME analysis shall be consistent with current revision of FCC/OSHA standard OETB 65. AM detuning, when required, will be performed to 47 CFR22.371. The customer is responsible for all analysis expenses. All construction drawings are subject to Crown Castle engineering approval prior to commencement of tower attachments and compound installations. Installation of equipment not conforming to approved drawings may violate the terms of the occupancy agreement and will be corrected at the customer's expense. Crown Castle requires drawings for pre-construction approval and as built drawings for physical configuration validation to be submitted as unlocked AutoCAD files (Version 2000i preferred). Because manufacturers may change equipment specifications (e.g., length, width, height, depth or weight) for a Model Number without changing the Model Number itself, the equipment specifications for such Model Number as identified herein shall be used to determine exactly which version of equipment with such Model Number is approved by Crown Castle herein. Crown Castle may include the suffix “CCIv” together with a number (indicating a version number) after a Model Number, which suffix is not part of the actual Model Number, but indicative of a known change to the equipment specifications applicable to such Model Number. Page 3 CITY OF AUGUSTA WSNE SHEET NUMBER SHEET TITLE SITE ADDRESS BUSINESS UNIT NUMBER EZCAD SITE NAME SITE NAME:SITE NUMBER: DRAWING DATE:DRAWN/CHECKED BY:10/22/2019 871158 RICHMOND COUNTY CROWN REGION ADDRESS USA BLYTHE (SR88) 3120 GA HWY 88BLYTHE, GA 30805 US CROWN REGION ADDRESS USA 160 FT PROPOSED LE PM 601-1LEVEL DRAWING | MOUNT:A1-160 CROWN REGION ADDRESSCROWN REGION ADDRESS USAUSA CITY OF AUGUSTA PM 601-1LEVEL DRAWING | MOUNT: SHEET NUMBER SHEET TITLE SITE ADDRESS BUSINESS UNIT NUMBER SITE NAME EZCAD SITE NAME:SITE NUMBER: DRAWING DATE:DRAWN/CHECKED BY:EE10/22/2019: 871158 RICHMOND COUNTY BLYTHE (SR88) 3120 GA HWY 88BLYTHE, GA 30805 US 160 FT PROPOSED LE A1-160PLOT DATE: FILE NAME:10/22/2019 871158_A_160_P.dwg WWWWWWWWWWWWWWWWWWWWWSNWWWWWWWWWWWWWNWWWWWWWWWWWWWWWWWNWWWWWWWWNWWWWWWWWWWWWWWWWWWWWW EQUIPMENT CENTERLINES ARE ABOVE STEEL LEVEL (ASL) UNLESS OTHERWISE NOTED | SEE TOWER ELEVATION FOR REFERENCE WS N E 1. THESE DRAWINGS ARE FOR REFERENCE ONLY,NOT FOR CONSTRUCTION OR DESIGN. DRAWING NOTES CITY OF AUGUSTA WSNE SHEET NUMBER SHEET TITLE SITE ADDRESS BUSINESS UNIT NUMBER EZCAD SITE NAME SITE NAME:SITE NUMBER: DRAWING DATE:DRAWN/CHECKED BY:10/22/2019 871158 RICHMOND COUNTY CROWN REGION ADDRESS USA BLYTHE (SR88) 3120 GA HWY 88BLYTHE, GA 30805 US CROWN REGION ADDRESS USA 185 FT PROPOSED LE PM 601-1LEVEL DRAWING | MOUNT:A1-185 CROWN REGION ADDRESSCROWN REGION ADDRESS USAUSA CITY OF AUGUSTA PM 601-1LEVEL DRAWING | MOUNT: SHEET NUMBER SHEET TITLE SITE ADDRESS BUSINESS UNIT NUMBER SITE NAME EZCAD SITE NAME:SITE NUMBER: DRAWING DATE:DRAWN/CHECKED BY:EE10/22/2019: 871158 RICHMOND COUNTY BLYTHE (SR88) 3120 GA HWY 88BLYTHE, GA 30805 US 185 FT PROPOSED LE A1-185PLOT DATE: FILE NAME:10/22/2019 871158_A_185_P.dwg WWWWWWWWWWWWWWWWWWWWWSNWWWWWWWWWWWWWNWWWWWWWWWWWWWWWWWNWWWWWWWWNWWWWWWWWWWWWWWWWWWWWW EQUIPMENT CENTERLINES ARE ABOVE STEEL LEVEL (ASL) UNLESS OTHERWISE NOTED | SEE TOWER ELEVATION FOR REFERENCE WS N E 1. THESE DRAWINGS ARE FOR REFERENCE ONLY,NOT FOR CONSTRUCTION OR DESIGN. DRAWING NOTES CITY OF AUGUSTA WSNE SHEET NUMBER SHEET TITLE SITE ADDRESS BUSINESS UNIT NUMBER EZCAD SITE NAME SITE NAME:SITE NUMBER: DRAWING DATE:DRAWN/CHECKED BY:10/22/2019 871158 RICHMOND COUNTY CROWN REGION ADDRESS USA BLYTHE (SR88) 3120 GA HWY 88BLYTHE, GA 30805 US CROWN REGION ADDRESS USA 369 FT PROPOSED LE PM 601-1LEVEL DRAWING | MOUNT:A1-369 CROWN REGION ADDRESSCROWN REGION ADDRESS USAUSA CITY OF AUGUSTA PM 601-1LEVEL DRAWING | MOUNT: SHEET NUMBER SHEET TITLE SITE ADDRESS BUSINESS UNIT NUMBER SITE NAME EZCAD SITE NAME:SITE NUMBER: DRAWING DATE:DRAWN/CHECKED BY:EE10/22/2019: 871158 RICHMOND COUNTY BLYTHE (SR88) 3120 GA HWY 88BLYTHE, GA 30805 US 369 FT PROPOSED LE A1-369PLOT DATE: FILE NAME:10/22/2019 871158_A_369_P.dwg WWWWWWWWWWWWWWWWWWWWWSNWWWWWWWWWWWWWNWWWWWWWWWWWWWWWWWNWWWWWWWWNWWWWWWWWWWWWWWWWWWWWW EQUIPMENT CENTERLINES ARE ABOVE STEEL LEVEL (ASL) UNLESS OTHERWISE NOTED | SEE TOWER ELEVATION FOR REFERENCE WS N E 1. THESE DRAWINGS ARE FOR REFERENCE ONLY,NOT FOR CONSTRUCTION OR DESIGN. DRAWING NOTES CITY OF AUGUSTA WSNE SHEET NUMBER SHEET TITLE SITE ADDRESS BUSINESS UNIT NUMBER EZCAD SITE NAME SITE NAME:SITE NUMBER: DRAWING DATE:DRAWN/CHECKED BY:10/22/2019 871158 RICHMOND COUNTY CROWN REGION ADDRESS USA BLYTHE (SR88) 3120 GA HWY 88BLYTHE, GA 30805 US CROWN REGION ADDRESS USA 441 FT PROPOSED LE PM 601-1LEVEL DRAWING | MOUNT:A1-441 CROWN REGION ADDRESSCROWN REGION ADDRESS USAUSA EZCAD SITE NAME:SITE NUMBER: DRAWING DATE:DRAWN/CHECKED BY:EE10/22/2019: 871158 RICHMOND COUNTY BLYTHE (SR88) 3120 GA HWY 88BLYTHE, GA 30805 US 441 FT PROPOSED LE A1-441 CITY OF AUGUSTA PM 601-1LEVEL DRAWING | MOUNT: SHEET NUMBER SHEET TITLE SITE ADDRESS BUSINESS UNIT NUMBER SITE NAME PLOT DATE: FILE NAME:10/22/2019 871158_A_441_P.dwg WWWWWWWWWWWWWWWWWWWWWSNWWWWWWWWWWWWWNWWWWWWWWWWWWWWWWWNWWWWWWWWNWWWWWWWWWWWWWWWWWWWWW EQUIPMENT CENTERLINES ARE ABOVE STEEL LEVEL (ASL) UNLESS OTHERWISE NOTED | SEE TOWER ELEVATION FOR REFERENCE WS NE 1. THESE DRAWINGS ARE FOR REFERENCE ONLY,NOT FOR CONSTRUCTION OR DESIGN. DRAWING NOTES Customer Site Name: Blythe Crown Site Name: Blythe (SR88) Customer Site No.: N/A JDE Business Unit: 871158 Customer Type: Government License Identifier: 708678 Type of Site: Crown Site TT: E 1532037 Prepared by: K Broach App Rev #: 7 Prepared on: 6/28/2019 LRF Rev #: 4 Revised on: 11/16/2019 CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 26 EXHIBIT C to Tower Site License Agreement LOCATION AND DIMENSIONS (LENGTH, WIDTH, HEIGHT) OF EQUIPMENT BUILDING/FLOOR SPACE AND ANY OTHER GROUND-BASED INSTALLATION AT THE SITE Intentionally Omitted – Tower Only Customer Site Name: Blythe Crown Site Name: Blythe (SR88) Customer Site No.: N/A JDE Business Unit: 871158 Customer Type: Government License Identifier: 708678 Type of Site: Crown Site TT: E 1532037 Prepared by: K Broach App Rev #: 7 Prepared on: 6/28/2019 LRF Rev #: 4 Revised on: 11/16/2019 CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT 27 EXHIBIT D to Tower Site License Agreement PRIME LEASE OR DEED See Attached                                         - - - IN WITNESS WHEREOF, the parties have executed this instrument as of the day and year first above written. Signed, sealed and delivered in the presenc~ o~: ~ ~ ~ ,s"" Unofficial Witness SCANA COMMUNICATIONS, INC., a C'f'°~- Name: Title: SEAL t,ui;, ~ M DA w N'ot.ary Puic SC My Commission expires: a:}9-8 } ~cxro SEAL · ~ ..... Signed, sealed and delivered in the presence of: Unofficial Witness Notary Public My Commission expires: SEAL PINNACLE TOWERS INC., a Delaware Corporation By:.-'-•-------...---Nar'l'le:. Title: Seal ~- ------·· -------· ---·· .. ·--·---------. ·• ·-------~---------- • • • • Site No. : 005 Location: Jefferson EMC LANDLORD'S AGREEMENT THIS LANDLORD'S AGREEMENT (this "Agreement") is made as of the ...1)._ day of 3v ~ 1999, by JEFFERSON ELECTRIC MEMBERSHIP CORPORATION ("Landlord") in favor of S NA COMMUNICATIONS, Inc., a South Carolina corporation (hereinafter referred to as "SCANA") and PINNACLE TOWERS INC., a Delaware corporation (hereinafter referred to as "Pinnacle"). RECITALS Landlord entered into a lease agreement with SCANA, dated as of the __ day of April, 1998, a copy of which, together with all modifications, extensions, renewals, replacements, and consolidations thereof, is attached as Schedule A and incorporated herein by reference (the "Lease"). SCANA has entered into a letter of intent (the "Letter of Intent") dated as of April 24, 1999 with Pinnacle whereby SCANA would transfer and assign to Pinnacle certain assets of SCANA, including without limitation the Lease and SCANA's leasehold interest thereunder. Pursuant to the Letter of Intent, SCANA . would assign the Lease to Pinnacle. • .... l-~ Pinnacle wishes to obtain an agreement from Landlord so as to be assured of continued possessio111.; under the Lease. Now, therefore, Landlord hereby agrees as follows: TERMS 1. landlord hereby acknowledges and consents to the assignment of the Lease by SCANA to Pinnacle and the assumption of the Lease by Pinnacle provided Pinnacle will be bound by the terms and conditions of the Lease. 2. The Lease presently in full force and effect. On the date of this Agreement, neither Landlord nor, to l andlord's knowledge, SCANA is in default of any of the terms, conditions or covenants of the Lease. IN WITNESS WHEREOF, Landlord has executed this Agreement on the day and year first above written. LANDLORD: JEFFERSON ELECTRIC MEMBERSHIP CORPORATION, a C eorgla corporation ByM . (\ A l "l,,L v. II~-· Name: Title: V"Q E-.1.,-"~.-\l" Commission Meeting Agenda 12/3/2019 2:00 PM P25 LMRS Update and Lease Agreements Department:Information Technology Department Department:Information Technology Department Caption:Provide an update on the P25 Land Mobile Radio System Project (LMRS) and request approval of the site lease agreements with SBA Structures, LLC and Crown Castle (Pinnacle Towers, LLC). Background:Augusta's current radio system is a shared radio system that is not owned by Augusta. On September 18, 2018, the Augusta Commission approved the purchase of a new LMRS from Motorola Solutions. By purchasing our own system, Augusta can make decisions and implement technology based on what is best for Augusta and our radio users, rather than the collective needs of a private system owner and their system tenants. The LMRS is currently expected to go live in September 2020. The new system will use six radio towers to provide coverage throughout the county. Three of these installations will be constructed on property owned by Augusta (911 Center, Cedar Ridge, and Highland Avenue Water Treatment Plant). The other three sites will be leased antenna space on towers owned by private providers. Analysis:Information Technology will provide the Commission with a presentation on the progress of the LMRS project to date. This work has included design of the new system and new towers, regulatory approvals, frequency coordination, radio fleet mapping, and equipment staging, among other items. Information Technology also requests the Commission’s approval of three lease agreements for antenna sites. All three agreements have been reviewed by the Law Department. Execution of these lease agreements will enable Augusta to provide adequate radio coverage in outlying areas of the county. If approved, installation of necessary equipment on each site will begin in early 2020. Financial Impact:The overall LMRS purchase is an approved SPLOST VII project. This project is expected to be implemented within the current budgeted amount of $15,000,000. Funding for the first year of tower lease payments is included in the 2020 IT/Radio System Fund operating budget (131015410). Alternatives:Continue to utilize existing leased radio system. Recommendation:Receive as information an update on the P25 Land Mobile Radio System Project (LMRS) and approve the execution of antenna site lease agreements with SBA Structures, LLC and Crown Castle (Pinnacle Towers, LLC). Funds are Available in the Following Accounts: Funds will come from 131015410/5224212.(Radio Project) Total amount $89,400 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Augusta, Georgia 2019 Vacation Buyback Analysis Department Name Vacation Balance (Hrs) Avg. Hourly Rate Vacation Value 1 Day Buyback 2 Days Buyback 3 Days Buyback Assumed Participation Rate 101 General Fund 106,935.72 25.44$ 2,720,458.06$ 61,412.30$ 118,757.15$ 172,112.71$ *65% 204 DUI/Accountability Court 815.99 19.82 16,175.88 300.82 601.63 840.91 *50% 206 Law Library 69.17 20.23 1,399.23 - - - 0% 207 Crime Victims' Assistance 361.25 25.24 9,119.22 64.51 129.03 193.54 *30% 209 DA 5% CVAP 105.82 18.00 1,905.19 - - - 0% 216 Emergency Telephone Response 4,360.76 22.85 99,643.82 2,432.38 4,437.33 6,245.71 *65% 217 Building Inspections 1,565.93 24.53 38,408.64 963.68 1,927.36 2,891.04 80% 220 General Fund Grants/Planning 1,449.25 32.47 47,054.84 696.02 1,392.04 2,088.06 *50% 221 Housing Community Development 2,228.68 30.79 68,615.53 1,354.19 2,460.69 3,691.03 *60% 273 Law Enforcement 94,077.47 21.55 2,027,683.47 42,339.67 82,105.01 120,475.55 *60% 274 Fire Protection 45,141.47 17.93 809,225.39 7,926.08 15,378.28 22,730.08 25% 276 Street Lights 714.85 31.06 22,204.88 550.85 1,101.70 1,652.55 100% 329 SPLOST 2,101.00 24.71 51,906.32 1,409.12 2,818.23 4,227.35 80% 506 Utilities 37,960.78 23.82 904,152.52 15,955.98 31,071.18 44,461.80 50% 541 Solid Waste 3,448.04 20.35 70,177.39 1,872.75 3,583.41 5,375.12 70% 542 Garbage Collection 1,461.74 24.84 36,303.58 1,088.89 2,177.79 3,266.68 85% 546 Transit 640.30 41.30 26,446.50 568.15 1,136.31 1,704.46 *70% 551 Augusta Regional Airport 12,873.50 26.79 344,869.73 6,937.62 13,208.99 19,813.49 60% 581 Stormwater Utility 4,836.88 26.19 126,659.38 4,066.66 7,332.96 10,050.03 85% 611 Risk Management 1,122.93 26.62 29,889.93 652.33 1,304.67 1,957.00 75% 626 Fleet 599.25 28.45 17,049.58 301.69 603.38 905.06 65% Totals 322,870.78 23.13$ 7,469,349.08$ 150,893.70$ 291,527.14$ 424,682.17$ * Funded by General Fund 109,168.04$ 211,019.19$ 307,351.97$ Assumed participation rate percentage used varies by fund; based on prior year participation rate. Vacation balance based on vacation accrual report as of 10/23/2019; 1 day equals 8 hours. General Fund 101 figures exclude billed agencies (Richmond County Library, DDA, Land Bank Authority and DFAC). All Employees in Fund For those employees who qualify: Commission Meeting Agenda 12/3/2019 2:00 PM Motion to approve annual Leave Buy Back Program up to the Amount of 24 Hours to be paid on the December 20, 2019 paycheck Department:Finance Department:Finance Caption:Motion to approve annual Leave Buy Back Program up to the Amount of 24 Hours to be paid on the December 20, 2019 paycheck. Background:The PPPM provides framework for a portion of annual leave to be converted to cash payments in lieu of taking time off (Section 100.14). Augusta has in the past opened this program to eligible full time employees who accrue leave. Ineligible employees are contract employees paid by another agency, employees of the Sheriff’s department and employees of constitutional officers and Elected officials that have officially chosen not to have their employees subject to the Augusta PPPM. However, historically those elected officials have allowed their employees to participate. Analysis:This program has proved popular with employees with approximately 65% of those eligible participating. In order to be eligible, the employee must have a minimum of 75 vacation hours remaining after the buy back. Employees may redeem any amount from 8 to 24 hours. The minimum amount to redeem is 8 hours. Financial Impact:Attached is a schedule showing the impact on each fund for 8, 16, and 24 hours. Alternatives:1) Chose 16 or 8 hours for the maximum amount of buy back or 2) Offer no buy back Recommendation:Approve the buy back of up to 24 hours to be paid on the December 20, 2019 paycheck Funds are Available in the Following Accounts: Funds are available in the individual funds shown on the attachment REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Augusta-Richmond County, Georgia BE IT ORDAINED by the Commission-Council of Augusta-Richmond County, Georgia that the following Capital Project Budget is hereby adopted: Section 1: This project is set up and authorized to CPB#371-041110 to approve and award Preliminary Engineering Phase of Design Consultant Contract in the amount of $220,683.60 to Civil Services, Inc. for the Highland Avenue Bridge Repair and Restoration over CSX Rainroad Funding is in the project TIA funds. Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. TIA Discretionary 19,390$ TIA Funds 201,294$ -$ -$ -$ 220,684$ 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#371-041110 Honorable Hardie Davis, Jr., Mayor CAPITAL PROJECT BUDGET Highland Avenue over CSX Railroad-Bridge Repair and Restoration 1 of 4 11/13/2019 Augusta-Richmond County, Georgia CPB#371-041110 CAPITAL PROJECT BUDGET Highland Avenue over CSX Railroad-Bridge Repair and Restoration CPB AMOUNT CPB NEW SOURCE OF FUNDS CPB ADDITION CPB TIA DISCRETIONARY (19,390)$ -$ (19,390)$ 235-041110-5212115 TIA FUNDS (201,294)$ (201,294)$ 371-041110-5212115 -$ -$ TOTAL SOURCES:(220,684)$ -$ (220,684)$ USE OF FUNDS TIA DISCRETIONARY 235-041110-5212115 19,390$ -$ 19,390$ TIA FUNDS 201,294$ 201,294$ 371-041110-5212115 -$ TOTAL USES:220,684$ -$ 220,684$ 2 of 4 11/13/2019 3 of 4 11/13/2019 4 of 4 11/13/2019 A-1 RFQ Item # 19-242 DESIGN AND ENGINEERING SERVICES FOR HIGHLAND AVENUE BRIDGE REPAIR AND RESTORATION OVER CSX RAILROAD SCOPE OF SERVICES PHASE I – CONCEPT DEVELOPMENT Civil Services, Inc. was retained by the City of Augusta to perform Design and Engineering services for the Highland Avenue Bridge Repair and Restoration. I. PURPOSE: The purpose of the project is to perform design and field engineering services for repair and restoration of the Highland Avenue Bridge over the CSX Railroad in the City of Augusta. The CSI team will develop a design and construction package for the City of Augusta with enough details to repair and restore the existing structurally deficient bridge. II. SERVICES TO BE PROVIDED BY THE CONSULTANT: The Consultant and related Sub-Consultants will perform the following services during the Bridge Assessment Phase: A.Bridge Inspection – CSI Team will perform a 100% hands-on field inspection and verification of conditions of the bridge superstructure and substructure. B.Concept Report – CSI will provide the following services: Develop preliminary Plan, Elevation and Typical Section of bridge Provide selected typical details of proposed improvements. Coordinate with and incorporate input from City of Augusta, Ga. Dept. of Transportation and CSX Railroad Compile all input by stake holders to furnish and Concept Development Report. Provide Engineer’s Estimate for each proposed improvement C.Surveying - CSI Team member will prepare a base-map of the existing Highland Avenue Bridge structure and approaches. The project will start at the Highland Avenue and US 78 (Gordon Hwy) intersection and traverse along Highland Avenue to the Highland Avenue and Hawk Street intersection to include a 100-foot-wide corridor. Survey will include all bridge features, deck joints, pier locations, existing utility lines, underground utilities and control points. Using this field data, a topographic and utility map at a 1"=20' or appropriate scale will be prepared. We propose to locate existing utility lines based on field marks and maps furnished by the utility owners and hire a private locate firm for additional locations. These utilities will include power, gas, water, telephone, sewer, storm sewer, and cable television. Using this field data, a topographic and utility map at a 1"=20' or appropriate scale will be prepared. . III. SUMMARY OF FEES: For a summary of Lump Sum Amount Contract Fees, see attached Fee Proposal. Georgia Department of Transportation COST PROPOSAL Proj. No.:RFQ 19-242 Project:Design and Engineering Services for Highland Ave. Bridge Repair and Restoration over CSX Railroad PI No.:000000 County:Richmond Master Contract:contract number Prime:Civil Services, Inc.Contract Type:Cost Plus Fixed Fee Contract Expiration: Date:18-Oct-2019 Fixed Fee %:10%Task Order No:N/A Cost Summary By Phase / Discipline / Firm ˅ Formula Pulls Firm Name from each Discipline Tab Total Fee Civil Services, Inc. Civil Services, Inc. Gresham Smith Civil Services, Inc. Sub Firm Name 2 Sub Firm Name 3 Cranston Engineering Sub Firm Name 4 Cranston Engineering Enter discipline provided by firm >>Project Management Roadway Design Design Support Bridge Design & Hydraulics Traffic Operations Environmental Environmental Survey Aerial Mapping Utilities Investigation (SUE) Totals 220,683.60$ 17,730.60$ 38,310.57$ 3,199.83$ 43,656.05$ -$ -$ -$ 103,757.25$ -$ 14,029.30$ 1 Concept Development 102,897.05$ 17,730.60$ 38,310.57$ 3,199.83$ 43,656.05$ -$ -$ -$ -$ -$ 2 Database Preparation 117,786.55$ -$ -$ -$ -$ -$ -$ 103,757.25$ -$ 14,029.30$ 3 Environmental Document -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 4 Preliminary Plans -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 5 Right of Way Plans -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 6 Final Plans -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 7 Construction Services -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 8 Special Studies -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 9 Public Involvement -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Fixed Fee 19,973.05$ 1,609.50$ 3,454.95$ 290.45$ 3,940.18$ -$ -$ 9,406.14$ -$ 1,271.83$ Tab Name>>PM1 Rd1 DS1 Br1 Trf1 Env1 Env2 Srv1 Map1 SUE1 DBE (Yes or No)Yes Yes No Yes No No No DBE Participation 99,697.22$ 17,730.60$ 38,310.57$ -$ 43,656.05$ -$ -$ -$ -$ -$ -$ DBE %45.2%8.0%17.4%19.8% Contract DBE Goal %0.0% 1-Jan-2000 Phase Phase Description Include a column for each discipline tab included in the proposal. Ensure formulas link to the corresponding discipline tab. 11/13/2019 10:36 AM CSI_Highland Ave Cost Proposal_rev Cost Summary Page 1 of 2 Georgia Department of Transportation COST PROPOSAL Proj. No.:RFQ 19-242 Project:Design and Engineering Services for Highland Ave. Bridge Repair and Restoration over CSX Railroad PI No.:000000 County:Richmond Master Contract:contract number Prime:Civil Services, Inc.Contract Type:Cost Plus Fixed Fee Contract Expiration: Date:18-Oct-2019 Fixed Fee %:10%Task Order No:N/A 1-Jan-2000 Civil Services, Inc. Civil Services, Inc. Gresham Smith Civil Services, Inc. Sub Firm Name 2 Sub Firm Name 3 Cranston Engineering Sub Firm Name 4 Cranston Engineering Project Management Roadway Design Design Support Bridge Design & Hydraulics Traffic Operations Environmental Environmental Survey Aerial Mapping Utilities Investigation (SUE) Totals 2,409 90 256 14 328 - - - 1,531 - 190 1 Concept Development 688 90 256 14 328 - - - - - 2 Database Preparation 1,721 - - - - - - 1,531 - 190 3 Environmental Document - - - - - - - - - - 4 Preliminary Plans - - - - - - - - - - 5 Right of Way Plans - - - - - - - - - - 6 Final Plans - - - - - - - - - - 7 Construction Services - - - - - - - - - - 8 Special Studies - - - - - - - - - - 9 Public Involvement - - - - - - - - - - By Phase / Firm Phase Phase Description Total Hours Hours Summary 11/13/2019 10:36 AM CSI_Highland Ave Cost Proposal_rev Cost Summary Page 2 of 2 Request for Qualifications Request for Qualifications will be received at this office until Tuesday, July 9, 2019 @ 3:00 p.m. for furnishing for the Engineering Department: RFQ 19-242 Design and Engineering Services for Highland Avenue Bridge Repair and Restoration over CSX Railroad RFQ 19-243 Design and Engineering Services for Walton Way Over Hawks Gully Bridge Repair and Restoration 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 for RFQ 19-242 will be held on Tuesday, June 18, 2019 @ 10:00 a.m. in the Procurement Department, 535 Telfair Street, Room 605, Augusta, GA 30901. A Mandatory Pre Qualifications Conference for RFQ 19-243 will be held on Tuesday, June 18, 2019 @ 11:00 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 Thursday, June 20, 2019, @ 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 ninety (90) 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 May 23, 30, June 6, 13, 2019 Metro Courier May 23, 2019 OFFICIAL VENDORS Original 7 Copies Attachment B E-Verify Save Form ALFRED BENESCH & CO 1005 BROAD STREET, STE 200 AUGUSTA, GA 30901 Yes Yes Yes 307873 Yes CIVIL SERVICES INC 861 LANEY WALKER BLVD AUGUSTA, GA 30901 Yes Yes Yes 387871 Yes MORELAND ALTOBELLI 2450 COMMERCE AVENUE SUITE 100 DULUTH, GA 30096-8910 Yes Yes Yes 53328 Yes CRANSTON ENGINEERING GROUP 452 ELLIS STREET AUGUSTA, GA 30901 Yes Yes Yes 64684 Yes Total Number Specifications Mailed Out: 34 Total Number Specifications Download (Demandstar): 8 Total Electronic Notifications (Demandstar): 107 Georgia Procurement Registry: 459 Mandatory Pre-Qualifications Conference Attendees: 6 Total Number Mailed to Local Vendors: 19 Total packages submitted: 4 Total Noncompliant: 0 RFQ Bid Opening 19-242 Design and Engineering Services for Highland Avenue Bridge Repair and Restoration over CSX Railroad for Augusta, GA –Engineering Department RFQ Due: Tuesday, July 9, 2019 @ 3:00 p.m. The following vendors did not submit a Bid Packet: POND & COMPANY 621 NW FRONTAGE ROAD, STE 320 AUGUSTA, GA 30907 HEATH & LINEBACK ENGINEERING 2390 CANTON RD BLDG 200 MARIETTA, GA 30066 1 of 1 ALFRED BENESCH & CO 1005 BROAD STREET, STE 200 AUGUSTA, GA 30901 CIVIL SERVICES INC 861 LANEY WALKER BLVD AUGUSTA, GA 30901 MORELAND ALTOBELLI 2450 COMMERCE AVENUE SUITE 100 DULUTH, GA 30096-8910 CRANSTON ENGINEERING GROUP 452 ELLIS STREET AUGUSTA, GA 30901 ALFRED BENESCH & CO 1005 BROAD STREET, STE 200 AUGUSTA, GA 30901 CIVIL SERVICES INC 861 LANEY WALKER BLVD AUGUSTA, GA 30901 MORELAND ALTOBELLI 2450 COMMERCE AVENUE SUITE 100 DULUTH, GA 30096-8910 CRANSTON ENGINEERING GROUP 452 ELLIS STREET AUGUSTA, GA 30901 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 2. Qualifications & Experience (0-5)15 3.4 5.0 4.6 3.5 50.625 75 69.375 52.5 3. Organization & Approach (0-5)15 3.1 5.0 4.0 3.4 46.875 75 60 50.625 4. Scope of Services • Experience of similar roadway and bridge design projects undertaken (including both design and construction cost) in past ten years, including current projects. • Firms understanding of the scope of services included in the RFQ. (0-5)25 3.5 5.0 3.6 3.0 87.5 125 90.625 75 5. Workload (0-5)10 5.0 5.0 5.0 5.0 50 50 50 50 6. Financial Stability (0-5)5 5.0 5.0 5.0 5.0 25 25 25 25 7. References (0-5)5 5.0 5.0 5.0 5.0 25 25 25 25 Within Richmond County 5 10 5 5 5 50 50 0 50 Within CSRA 5 6 0 0 0 0 Within Georgia 5 4 5 0 0 20 0 Within SE United States (includes AL, TN, NC, SC, FL) 5 2 0 0 0 0 · All Others 5 1 0 0 0 0 30.0 35.0 32.3 29.9 335.0 425.0 340.0 328.1 9. Presentation by Team (0-5)10 0 0 0 0 10. Q&A Response to Panel Questions (0-5)5 0 0 0 0 Total Phase 2 - (Total Maximum Ranking 10 - Maximum Weighted Total Possible 75) 0 0 0 0 0 0 0 0 30.0 35.0 32.3 29.9 335.0 425.0 340.0 328.1 Procurement DepartmentRepresentative:______Nancy Williams___________________________________ Procurement Department Completion Date: ____7/25/19____________________ Phase 2 (Option - Numbers 9-10) (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: _7/25/19_ RFQ Bid Opening 19-242 Design and Engineering Services for Highland Avenue Bridge Repair and Restoration over CSX Railroad for Augusta, GA –Engineering Department RFP Evaluation Meeting: Thursday, July 25, 2019 @ 4:00 p.m. Total (Total Possible Score 500) Total (May not Receive Less Than a 3 Ranking in Any Category to be Vendors Phase 1 Total - (Total Maximum Ranking 35 - Maximum Weighted Total Possible 425) Phase 1 Weighted ScoresWeighted Scores Weighted ScoresWeighted Scores Ranking of 0-5 (Enter a number value between 0 and 5) Scale 0 (Low) to 5 (High) 8. Proximity to Area (only choose 1 line according to location of the company - enter the ranking value for the one line only) Commission Meeting Agenda 12/3/2019 2:00 PM 19-242 Highland Avenue over CSX Railroad-Bridge Repair and RestorationDesign and Engineering Services TIA Project RC07-000118/PI#0011390 Department:Engineering Department:Engineering Caption:Approve award of Preliminary Engineering Phase of Design Consultant Contract to Civil Services, Inc. in the amount of $220,683.60 for Highland Avenue Bridge over CSX Railroad (Bridge Repair and Restoration), subject to receipt of signed contract as requested by AED. RFQ 19-242. Background:The Highland Avenue Bridge over CSX Railroad (Bridge Repair and Restoration) is a project from the “Approved Investment List” of TIA that was approved by voters of the CSRA in July 31, 2012 referendum. The Highland Avenue Bridge is a Band 3 project that will begin the existing condition assessment process once approved by the City of Augusta, Georgia Commission. Once existing condition assessment is completed, bridge repair/restoration scope and fee will be developed and engineering design will commence accordingly. The Engineering Department (AED) requested professional services (RFQ) to perform design and field engineering services for this project in June 2019. Analysis:The following firms submitted RFQ’s and were evaluated based on qualifications, technical approach, experience, and references in July 2019: 1.Alfred Benesch 2.Moreland Altobelli Associates 3.Civil Services 4.Cranston Engineering Group Civil Services, Inc. was selected based on the evaluation procedures used for this project. Financial Impact:Funds are available in the TIA project budget ($201,294) and TIA-Discretionary Funds ($19,390). Alternatives:Do not approve and find alternative to complete the project and meet TIA project completion schedule. Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: Project TIA Funds($201,294) 371041110 / JL TBD & TIA Discretionary ($19,390) 235041110 / JL TBD. REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Augusta-Richmond County, Georgia BE IT ORDAINED by the Commission-Council of Augusta-Richmond County, Georgia that the following Capital Project Budget is hereby amended: Section 1: The project is authorized to CPB#371-041110-T15041220 to approve and award Preliminary Engineering and Review Agreement to Norfolk Southern Railway Company Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. TIA Design 228,350$ TIA FUNDS 24,975$ 253,325$ 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 _________________________________________________ Honorable Hardie Davis, Mayor CAPITAL PROJECT BUDGET CPB#371-041110-T15041220 6th Street Improvements in the amount of $24,975.00 for the 6th Street Improvements project requested by AED. Funding is available in the TIA project budget: 11/13/2019 Augusta-Richmond County, Georgia CAPITAL PROJECT BUDGET CPB#371-041110-T15041220 6th Street Improvements CPB AMOUNT CPB New SOURCE OF FUNDS CPB ADDITION CPB TIA Project 371-041110/5212115-T15041220 ($228,350) ($24,975) ($253,325) TOTAL SOURCES: ($228,350)($24,975)($253,325) USE OF FUNDS ENGINEERING 371-041110-5212115/T15041220 $228,350 $24,975 $253,325 TOTAL USES: $228,350 $24,975 $253,325 11/13/2019 FORCE ACCOUNT ESTIMATE Work to be Performed By:Norfolk Southern Railway Company For the Account of:City of Augusta Project Description: Location:Augusta, Richmond County, GA Project No.:0011421 (GDOT P.I NO.) Milepost:AS-00.00 to AS-00.60 File: Date: SUMMARY ITEM A - Preliminary Engineering 18,286 ITEM B - Construction Engineering 0 ITEM C - Accounting 1,689 ITEM D - Flagging Services 0 ITEM E - Communications Changes 0 ITEM F - Signal & Electrical Changes 5,000 ITEM G - Track Work 0 ITEM H - T-Cubed 0 GRAND TOTAL 24,975$ ITEM A - Preliminary Engineering (Review plans and special provisions, prepare estimates, etc.) Labor:40 Hours @ $60 / hour=2,400 Labor Additives:1,886Travel Expenses:0 Services by Contract Engineer:14,000 NET TOTAL - ITEM A 18,286$ TRK0120043 November 1, 2019 6th Street Improvements ITEM B - Construction Engineering (Coordinate Railway construction activities, review contractor submittals, etc.) Labor:0 Hours @ $60 / hour=0Labor Additives:0 Travel Expenses:0Services by Contract Engineer:0 NET TOTAL - ITEM B -$ ITEM C - Administration Agreement Construction, Review and/or Handling:1,250Accounting Hours (Labor):8 Hours @ $30 / hour=240 Accounting Additives:199 NET TOTAL - ITEM C 1,689$ ITEM D - Flagging Services (During construction on, over,under, or adjacent to the track.) Labor:Flagging Foreman0 days @ 300.00 per day=0(based on working 10 hours/day) Labor Additive:0Travel Expenses, Meals & Lodging: 0 days @ $100/day=0 Rental Vehicle 0 months @ $950/month=0NET TOTAL - ITEM D -$ ITEM E - Communications Changes Material:0 Labor:0 Purchase Services:0Subsistence:0 Additive:0 NET TOTAL - ITEM E -$ ITEM F - Signal & Electrical Changes Material:0 Labor:0 Purchase Services:0Other (Preliminary Engineering Services):5,000 NET TOTAL - ITEM F 5,000$ ITEM G - Track Work Material:(see attached summary)0 Labor:(see attached summary)0 Additive:(see attached summary)0Purchase Services:(see attached summary)0 NET TOTAL - ITEM G -$ ITEM H - T-CUBEDLump Sum -$ NOTES 1. For all groups of CONTRACT employees, the composite labor surcharge rate used in this estimate (including insurance) is 185.81%. Self Insurance - Public Liability Property Damage is estimated at 16.00%. Work will be billed at actual current audited rate in effect at the time the services are performed. 2. For all groups of NON-CONTRACT employees, the composite labor surcharge rate used in this estimate (including insurance is 78.59%. Self Insurance - Public Liability Property Damage is estimated at 16.00%. Work will be billed at actual current audited rate in effect at the time the services are performed. 3. All applicable salvage items due the Department will be made available to it at the jobsite for its disposal. 4. The Force Account Estimate is valid for one (1) year after the date of the estimate (11/01/2019). If the work is not performed within this time frame the Railway may revise the estimate to (1) include work not previously indicated as necessary and (2) reflect changes in cost to perform the force account work. 1800 Peachtree St. NW, Suite 620  Atlanta, GA 30309  678-604-0040  Fax 678-604-0050 engineers planners surveyors environmental scientists landscape architects structural designers September 3, 2019 Mr. J. B. Watson Engineer - Public Improvements Norfolk Southern Corporation 1200 Peachtree Street, 6th Floor Atlanta, GA 30309 SUBJECT: AUGUSTA, RICHMOND COUNTY, GA – PROPOSED 6TH STREET IMPROVEMENTS FROM RR MP OVER NS MP AS-000.00 & AS-000.60 INCLUDING CROSSINGS 864844X (FENWICK ST.), 8648434 (WATKINS ST.), 864842J (WALKER ST.), 864841C (TELFAIR ST.), 864840V (GREENE ST.), 864839B (ELLIS ST.), 864838U (BROAD ST.), 864837M (REYNOLDS ST.) CITY OF AUGUSTA P.I.:0011421. NS FILE: TBD. NSI FILE: NS.15272.003 Preliminary Engineering Estimate Dear Mr. Watson: Attached is our cost estimate to provide Preliminary Engineering Services for the proposed 6th Street Improvements project between NS Milepost AS-00.00 and AS-00.60 in Augusta, GA . The rates used are in accordance with our current service contract for the years 2019 to 2021 (1440003804). For the Preliminary Engineering portion of the project, we will correspond with the City and various departments within Norfolk Southern Corporation as required to advance the project schedule. Our work will be closely coordinated with your office. Our engineering services will include the following: Checking the overall layout and conferring with City and Railroad departments as required, preparation of agreement exhibits, review of agreement documents, handling for execution of agreement, review of plans and calculations, and notification to NS field personnel. The maximum compensation for our Preliminary Engineering services shall not exceed $14,000.00 without the prior approval of your office. Our billings will be based on actual time spent and the total cost to perform these services may be less. Please call me if you have any questions. Yours Very Truly, NEEL-SCHAFFER, INC. Justin T. Wood, P.E. Railroad Program Manager N-S Project No.15272.003 2019 - 2021(1440003804) Rate Schedule I.PRELIMINARY PREPARATONS Program Manager 8 Hrs. @ 165.00$ 1,320$ Project Engineer 16 Hrs. @ 120.00$ 1,920 Sub-Total 3,240$ II.PRELIMINARY PLAN REVIEW Program Manager 16 Hrs. @ 165.00$ 2,640$ Project Engineer 24 Hrs. @ 120.00$ 2,880 Clerical 4 Hrs. @ 90.00$ 360 Sub-Total 5,880$ III.FINAL PLAN REVIEW Program Manager 8 Hrs. @ 165.00$ 1,320$ Project Engineer 24 Hrs. @ 120.00$ 2,880 Clerical 6 Hrs. @ 90.00$ 540 Sub-Total 4,740$ DIRECT COSTS Subsistence 0 Days @ 150.00$ -$ Travel (Auto)280 Miles @ 0.50$ 140$ PhotosPrinting - Postage - Phone Calls (Actual) TOTAL DIRECT COSTS 140$ TOTAL ESTIMATE 14,000$ PROPOSED 6TH STREET IMPROVEMENTS BETWEEN NS MP AS-000.00 & AS-000.60 INCLUDING CROSSINGS 864844X (FENWICK ST.), 8648434 (WATKINS ST.), 864842J (WALKER ST.), 864841C (TELFAIR ST.), 864840V (GREENE ST.), 864839B (ELLIS ST.), 864838U (BROAD ST.), 864837M (REYNOLDS ST.). CITY OF AUGUSTA P.I.:0011421. NS FILE: TBD. NSI FILE: NS.15272.003 ESTIMATE FOR PRELIMINARY ENGINEERING SERVICES AUGUSTA, RICHMOND COUNTY, GA September 3, 2019 Justin T. Wood, P. E. Railroad Program Manager NEEL-SCHAFFER, INC. AGREEMENT FOR PRELIMINARY ENGINEERING SERVICES This agreement made by and between the CITY OF AUGUSTA (hereinafter called “CITY”), and Norfolk Southern Railway Company (hereinafter called “COMPANY”). The CITY will submit plans and specifications to said COMPANY for work which will involve or affect COMPANY facilities at the following location: Town, County State: AAR-DOT#: Street /Bridge Name: Description: AUGUSTA, RICHMOND COUNTY, GEORGIA GDOT P.I. NO.: 0011421 6TH STREET IMPROVEMENTS Improvements to 6th Street in Augusta, GA adjacent to Norfolk Southern MP AS-00.00 to AS-00.60, including new sidewalks, specialty paving at intersection corners with new handicap ramps, pedestrian crosswalks, structured parallel parking, and intersection bulb-outs for pedestrian safety. Road surfaces will be milled, resurfaced and restriped to include two travel lanes, and parallel parking. Preliminary Engineering Cost Estimate: $24,975 Therefore, in consideration of the benefits moving to each of the parties hereto, they do mutually agree as follows: ARTICLE 1. REIMBURSEMENT. The CITY agrees to reimburse the COMPANY for actual cost of preliminary engineering necessary in connection with the project. The COMPANY shall submit to the CITY fair and reasonable costs of the aforesaid work performed as evidenced by detailed invoices acceptable to the CITY. The CITY shall reimburse the COMPANY in the amount of the approved costs so submitted. ARTICLE 2. EFFECTIVE DATE OF AGREEMENT. This agreement shall take effect at the time it is approved and signed by both the CITY and the COMPANY. ARTICLE 3. STARTING OF WORK. This agreement covers preliminary engineering services performed starting 09/03/2019 . The COMPANY agrees to provide preliminary engineering services at the request of the CITY or its agent, whether written or verbal. IN WITNESS WHEREOF, the CITY and the COMPANY have caused these presents to be signed by their duly authorized officers: CITY COMPANY Signature: Signature: Name: Name: Title: Title: Date: Date: Commission Meeting Agenda 12/3/2019 2:00 PM 6th Street Improvements ProjectRailroad Coordination and ReviewTIA Project Number RC07- 001220 / PI 0011421 Department:Engineering Department:Engineering Caption:Approve entering into an agreement with Norfolk Southern Railway Company stating that Augusta, GA will pay for the Preliminary Engineering and Review for the 6th Street Improvements Project in accordance with the estimate $24,975.00. Also, approve the Agreement to be executed by the Augusta, GA Legal Counsel and the Mayor as requested by Augusta Engineering Department. Background:6th Street Improvements project from the “Approved Investment List” of TIA that was approved by voters of the CSRA in July 31, 2012 referendum . This project concept is approved by GDOT and presently is in design phase. This project consists of resurfacing, reconstructing the existing curb and gutter, replacing sidewalks, improving pedestrian safety at intersections with new visibility crosswalks and organizing the existing parallel parking. Since roadway improvements are in close proximity to railroad tracks, this warrants coordination with Norfolk Southern Railway Company to ensure passing trains safe mobility and safe construction zone. Analysis:Railroad coordination is required to ensure rail tracks safety and advance the project construction schedule. Augusta would be required to enter into an agreement that Augusta will pay the estimated amount of $24,975.00. This is a cost that is required to be paid by Augusta, GA to complete the needed review. Financial Impact:Project TIA Funds. Alternatives:1). Do not approve and find alternative to reimburse Railway and complete the project. Recommendation:Approve entering into an agreement with Norfolk Southern Railway Company stating that Augusta, GA will pay for the Preliminary Engineering and Review for the 6th Street Improvements Project in accordance with the estimate $24,975.00. Also, approve the Agreement to be executed by the Augusta, GA Legal Counsel and the Mayor as requested by Augusta Engineering Department. Funds are Available in the Following Accounts: Project TIA Funds ($24,975) 371041110-5212115 (JL T15041220) REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission F Print Form 2. 3. 4. Sole Source Justification (Reference Article 6, Procurement Source Selection Methods and Contract Awards, S 1-10-56 SOLE SOURGE PROCUREMENT Vendor: DBR Associates. lnc E-Verify Number: EXEMPT Commodity: Belzona Floor Coating Estimated annual expenditure for the above commodity or service:$ 39,900.00 lnitial all entries below lhat apolv to the prooosed purchase. Attach a memorandum containing completejustification and support documentation as directed in initialed entry. (More than one entry will apply to -ostsole source products/services requested). l.SOLE SOURCE REQUEST IS FOR THE ORIGINAL MANUFACTURER OR PROVIDER,THERE ARE NO REGIONAL DISTRJBUTORS. (Attach the manufacturer,s rvritten certification that no regional distributors exist. Item no. 4 also must be completed.) SOLE SOURCE REQUEST IS FOR ONLY THE AUGUSTA GEORGIA AREADISTRIBUTOR OF THE ORIGINAL MANUFACTURER oR PROVIDER. (Attach themanufacfurer'5 - ns1 the distributol's - written certification that identifies all regional distributors. Item no. 4 also musl be completed.) THE PARTS/EQUIPMENT ARE NOT INTERCHANGEABLE WITH SIMILAR PARTS OFANOTHER MANUFACTURER. (Explain in separate memorandum.) THIS IS THE ONLY KNOWN ITEM OR SERVICE THAT WILL MEET THE SPECIALIZEDNEEDS oF THIS DEPARTMENT oR PERFORM THE INTENDED FLTNCTION. (Atrach memorandum with details of specialized function or applicarion.) THE PARTS/EQUIPMENT ARE REQUIRED FROM THIS SOURCE TO PERMITSTANDARDIZATION. (Attach memorandum describing basis for standardization request.) NONE OF THE ABOVE APPLY. A DETAILED EXPLANATION AND ruSTIFICATION FOR THIS SOLE SOURCE REQUEST IS CONTAINED IN ATTACHED MEMORANDUM. The undersigaed requests that competitive procurement be waived and that the vendor identified as the supplierof the service or material described in this sole source justification be authorized as a sole source for the sirviceor material. Name:Steve Orton Department:4r'.l6 Date: 11/8/2019 Department Head Date: Approval Authority:Date: Date: COMMENTS: Rcv. 09/10/12 5. 6. Administrator Approval: lrequired - not required) tlrf Lt r le s (, * ar issiort fl1lPrun) UTILITIES DEPARTMENT Tom D. Wedmeier, P.E. Dlrec,tor TO: THRU: FROM: CC: DATE:to/28t2019 SUBJECT: SOLESOURCEJUSTIFICATION Geri Sams Director, Procurement DeparEnent Tom Wiedmeier Director, Utilities Department Steve Orton The floor in our sodium hypochlorite storage room at the Highland Avenue WtrterTreatment Plant is in need of repair due to the lmpact of the corrosive chemicalenvironment that exists. our plan is to coat the entire floor with a chemical resistantcoating to prevent a recurrence of this issue. We have had very good experience with theuse of Belzona products for these types of applications in the past and have not identifiedany suitable reliable alternatives. DBR Associates is the sole distributor of Belzona products in Georgia. We have requesteda proposal from DBR Associates to provide the required product a-na appty the coating.DBR Associates is proposing to utllize their subsidiary, loa,.strial Repair to appty thecoating. _ApprovedjIt'r"."p. (-)-J,.^-.)- ^-^.--_AUD Director Auguste Utlllties Department 452 Walker Street. Suite 200 - Augusta, GA 30901(706) 3124154 - Fax (?06) 3t24t22 WWW,AUGUSTAGA.C,OV $ N N , FE lr,ltrl o&Ai/Arl<t 1ru-tl- t{lE $d5.$t $\ rU= sEgE *E trEItrz1ol EIAl 'd.EIOEpt <bEgl-frEs 'tr trtrEl trtr trE Ui, gHES trtrtrE EU BEEHtrntrtr o\o (g a!t) bo = o (! 6 C)U6tC\006t ot- A* u) :llaz IL g) oAI O)t!o rijF A zo =bECPl,tr3=58 F2EI =i2&o r<EJA V) la ^)Etr?-E =aFi,DOs+i= (, t-)!.A. F F.l.l I(Jkl U gHHH trtr EEI IEl(E lEILl0) lirtlsllol tgtl:ll(sll-ellr,rlrlzlolalrl AI S"HHA TO: Steve Orton Augusta Utilities RE: Sole Source Letter October 28,2019 Dear Mr. Orton: This letter is to confirm that DBR Associates, lnc. is a sole source distributor for Belzona for the stateof Georgia' No other company is permitted to sell Belzona products in the state of Georgia. lndustrial Repair, lnc. and DBR Associates, lnc. are under the same ownership. lndustrial Repair willbe the contracting company doing the application for Augusta Utilities and will use Belzona productsexclusively. Yours truly, .z)*7%,- David Robertson Vice President 3't30TannersMill Road lGainesville,GA3o5oT | (77o)gg2-2153 lwwwDBRassociates.com 2019 HALL COUNTY 2019 Date: 1Zl1ll2O,tg ;:* DBR ASSOCTATES tNC 3130 TANNERS MILL ROAD GAINESVILLE, GA Employccr o qu!hc8. M|SCEL|-ANEOI S RETATL SALESrlpe: MailArlr: DBRASSOCIATES INC 3130 TANNERS MILL RD GAINESVILLE, GA 30507 BUSINESS LICENSE o*r: 9s6 Asso$hE€us{o3l778 DONALD ROBERTSON Currncntr TXSTRIBUTOR SALES FOR MISC INDUSTRIAL COATINGS EFFECTTVE BEGINNING DATE OF BUSINESS O2NU?ol-Eqgl ! Ct-nb<t in unlncorpor.bd Hl[ County for thc pcriod cndtrU12131/20191ugcct to complahcc wttr ftrc prwULn ot-trc Burinccs -(Jcflpttbn Tax Cod. for Caryine on thc burkrcec ar [sbd h.Eon. Srs^"Q, $n'str Lhanalng Dlrcclor or Oficinl }IOT TRANSFERABLE - DISPLAY Iil A CONSPICUOUS P1ACE orlruL Ut.lt (D fndustrial Repair,fnc.i l!o f.urn f,lrll Roxi(brrrvillc. cA IOJOTlrzot 992.1t51i,r,_r. , I rroposa I I,'or Stcve ( )rlorr z\rrgrrsta t Irilirics I )epa 'i //.t ' i r ntcrr I 9893 _prepared by:David RobertsonNACE Coating.lnspector - Certifiect. Certlndustriat Repair, ln;. -- . 313O Tanners Mill Rd.Gainesviile, Geotgia SOiOIPhone: 7tuss2_t'ast iri ii"_:sies-e_mail : davidt@iinc.@m- -794 ' {.t i i 9:25t 11). l0:(D Atrl September 24, ZOlg Steve Orton Augusta Utilities Department Dear Steve, This correspondenoe ouuanes rhe scope of urork, induding objectives, rctentifrcation ofl?iil'Ji'itJlllI;rilf"5:ilff "pprving " -dotlai" d"r.on";)ilil.Iil: noor and repair 3 OBJECTIVE To protect the concrele from conosion caused by exposure to ctrlorine. SCOPE1. Arcas to be prolected/rrbullt I ; ASHSITH;ff3j #:rff:,:1jTt#s..ff":1H-&ffi r'2. Preparation ' '' fJ";:Jf^;ffi;: lo be rebuilt or coarad wnh Berzona with a desreaser ronowed 2 2 Use mechanicat griigi"-g p properry prepare rhe concrete surface rhat wi, beprote€isd wirh Berz,ona. A ousi dr#i irng **t "n "i, i,,i.rii, wir be emproyedin order to assisr keeping or"i -"d*r to the rork area.2 3 Drains - cut our coniret6 "pp-ri-i"il4" our and approxlnater y %- deep3. Application of Belzona ilatcriate3 l. Handling & Mixing , , llr',r,#',fff:il#i:be stored and handted as prescribed by the manuracrurer 3'2 1. A Berzona 4000 series wilr be used to actd coves where a verticar surfecemeets a horizontal surface.a r rinirlr":llona 4000 seaes wiU be used for repairing/parching cartain areas ont' t;j,lHJjSins.wi'be grouted with a Behona 4000 series and then seared with s'2'4' Appry a 2'coat sy'tem of Berzona 5g11 rmmersion Grade to the floor,ffi";ffr;*f#ftS"#*s rne noor topcoat wirrnaveiriaseresate on to 3 2'5 where there is. oirecr contact with rhe_ ch&cnne a highly chemical resistanlBelzona 4311 will Oe useO as rire'fop*"f Industrial Repair, fnc. t I frl 1 ;i.. lil,t.lr r ,l.lO l.nm Mrll Rord(irincs.ilk, GA !o50? t?70)902 tt5t r r.. i, ,. , 9,25 t9. t()(xJ \\1 alxrut: olal (s Industrial Repair, Inc.!ll0 Trm Mrlt Ro.d(irirsillc. cA ,O5O7 (7701 99:, tt5 I '! tl. Cure Tlme 4.1. Bslzona Sg11 at g6 F4.1.1. Light Loading _ 9 hours4.1.2 Ctremicel contac{ - 5 days4.2. Belzona 4311 at 86 F4.2.1. Light pedestrian trafftc _ 4 hours4.2.2. Full chemical resistance - 2 days 5. Workmanship 5.1 . work will be completed by an Authorlzcd Belzona contractor.5'2' Propersafety equipment ii,i[ be;;e;, and apprcpriate safety procedureswill be followed. 5'3'A[ tasks to be compreted by trained and experienced personner in therespective tasks. 5'4 Work areas wi, be kept as neat as possibre during rhe project. 6. Duratlon 6.1. Thb prcrecl is estimated to take 3-4 days. YOUR RESPONSIBILITIES To help achieve I smodh and successful proiect, it will be your responsibality lo provide lhefollowing: 1. 2 3. 4 5 6. 7. 8. fccess to restrooms, eleclrical and water ouUets,Provide aocess to wasre_contiainers anolor any "p""i"r instructkrns regardang wasteProvide an area to park a work uaiter enOlor tirit r.L.pro$oe accsss to the wwk site as appropriate br the proiec.t.lf work is deraved or stooped t r reaions-ouGio" tf," contrd or rR, ail dorvn time wirtbe billad at current lR Time and Materials Rates.lf additbnal work is added_or *rrk-g-o"" ;;;i'u," "*p" of this iob, al expenseswill be bilH at current lR Time "nO-Uat"ri"i" narcr. frovid.e. passes or apprwal to, us fo ptotograpi'tfre proiecftt would be apprecaared if the work cd,uro ut s-[rredurioir reast 21 dap prior lo the:l#Tffi,trll"JJl" job, and schedule ctanses made within zz notrJor asreed ADDITIONAL INFORXIATION DBR Associates' tnc. is an authorized dislnbutor for Belzona Materiel. lndustrial Repair,lnc (lRt) is an authorizeO appticator fo;d6il: Mail; lndustrial Repair lnc.3130 Tanners Mill Rd Gainesville, GA 3OSO7 (-/rl i i r (liil,1 i I l i'i lr I r rir f,,lpr r,i1 i Fax: (770) 993-1794 Email: !Rllrilrrrr)L corrr FEES Terms are Nel 15 dafa 9t25 19. t0:09 AM (s CLOSTNG l-3-T -"9nfi*ntthat you will be extremely pteased with our Belzona solurion ar|d ourworkman'hip Thank vou for this opporiuitv;; r hope u,€;;';il; business onthis prQect Kindest Regards, Industrial Repair, Inc. David Robertson NACE Coating lnspecior - Cerlified. Cert No. 9gg3 i,' I ll ill{} IuEn Mrtl Rqt(iaimrillc, GA 10507 I 770, 992- I r5 I 9 25 t9, t0.09 ..\l\t (B DAI'L,: September 24, 2}lg PROJECT: Highland Chlorine Room PROPOSAT Labor Malerials-Belzona Total Industrial Repair, Inc. ( (,/1t, a( trrtg, Loaltngs (-onsutttfto STEVE ORI'ON A T,lCUSTA T.lTILITIES DEPARTMEN'I' PROPOSAL llJ0 lmr MrI Rrs,(;Imr\.llc. CA !OSO7 r7?0r 992 trJt TO: Steve Onon $21,000 sr8.900 339,900 SAff IY (JrJAt I r Y I)FRt ORMAN( I I25 l9,l():09 AI\,t BELZONA PROTECTS CONTAINMENT AREA AT A TREATMENT PLANT CUSTOMER Monroe WA USA APPLICATIOI{ DATE November 2Ol2 APPLICATION SITUATION Concrete pads, spalhng floor areas PROBLEM Spalled floor areas needed repa[ and coattng to prevenl furthe.damage and provrde secure containrnent f6r potential spillageTreatment chemrcals stored on concrete pads wrthout proiectiiecoatrng including surroundtng floor area and dratn Spalhng to floorareas was evtdent where spillage occurred PRODUCTS Belzona 4lil (Magma euar tz)Belozrra 5811 (lmmersion grade) SUBSTRATE Concrete APPLICATION I.IETHOD The application was carned out ln accordance with Belzona Know.How System Leaflets FpA I FpA-3 Belzona 4ll.l was hand troweledover most severely spalled areas pnor to hand application of twocoats of Belzona 58ll BELZONA FACTS Customer was pleased to have an optton tor preservtng the[ extsttngchemrcal storage conftguration and avordrng future damage PICTURESI Wastewater plant ctEmtcal storage area betore reparrs & coating2 Storage drarn area spalling3 Storag€ area after repairs & coating l-o mo.e G$mpLt ol *lzou kow-How tn Acton. pblra ugrt nttr) ;/ tt.r r t |rr.,,d ilI n*6 l,.i/(,f d (,rn' p.,.r,l . l{: .. !.rrr..n:.,,t-,i.d - r. HFI'}ffi# BELZONA SEALS UNSANITARY LEAKINGFLOOR DRAIN IN FOOD PLANT cusTor{ER Pet food manufacturer OFallon MO APPLICATION DATEJune 2OO7 APPLICATION SIruATlON Waste drain on 2nd floor above productron packrng area PROBLEM Leak around drarn allovred waste product rnto the santtary producttonpackaging floor below PRODUCTS Belzona. 4ll'i (Magrna ()uartz) SUBSTRATE Concrete APPLICATION METHODApplicatron carried out rn accordarlce wtth the Belzona Know HowSystem t eaflet FpA I BELZONA FACTS Only a- srnall amourrt of product used to solve a health hazard and tomeet Anre'can Bakrng Association standard orlteant,ness This crientlras a tong hrstory of successful gdronu ;pt,I",]o.. PICTURESI Urtsanitary ieakrng drarn2 Surface prepared3 Belzona. 4lll tnstalled4 Drarn cover rnstalled Fo, more axamdes ol getzuw Know Hu, ln Acten.p&'a* rstt,ril. Itr.. t,. r,,,,. ,,, 2. y. *, . t)r t/, ,)., .r, .@r4il! b|sfuhr_Mfrr Lfr6?OI q&/ HF*?dH*' GD, : BELZONA PROTECTS GENERATOR ROOMFLOOR CUSTOMER Telecommunrcat rons company APPLICATION DATE February 2OO7 APPLICATION SITUATION Generator room floor PROALEM The floor needed to be sealed and protected agarnst flurd spi[s PRODUCTS B€lzonar 58ll (lmmersron Grade) SUBSTRATE Concrete APPLICATION }.IETHOD Applicatron carried out according to Belzona Know-How SystemLeaflet TCC-15 BELZONA FACTS Fhe Belzona" 5811 coating provides exce[ent resrstance to a broad rangeof chemrcals incruding the oirs riabre to be spirt from the generat6rrhe solvent tree Belzona" 58ll was idealy suited to applicatlon in thecontines of the room wrthout interfering with other buirding occupentsin close proxrmity PICTURES'1 View of the floor2 View of the floor after surface preparation3 & 4 Vrew of the floor wrth Belzona. 5gll applied For nrorc 6xamplG3 ol SeEorE Kno*-How ln ,(.tion. pr.laa visit htlp /kh[ bcrron, cor, *l ' ww trolzonr < om cryroil < &b.l6br^aDn.r I rh..d reI q&f BEI,'6NT'f,lQfBiT . Protctt . lrh.xFr BELZONA LEVELS AND PROTECTS ERODED CONCRETE CUSTOIIIER Chemical Plant. North Alabama. US,A APPLICATION DATE 2001 APPLICATION SIruATloN Chemicals had attacked the concrete PROBLEIII Acids and causttc mrxture had eroded the corrcrete and EpA madethe chent repair the concrete so Mercury would not accumulate onthe floor PRODUCTS Belzona' 4lll (Magma Quartz) Belzonat 58ll (lmmersion Grade) SUBSTRATE Concrete APPLICATION I.IETHOD Application was carried out uslng a rnodtfred Belzona Know-HowSystem Leaflet FPA-I A slurry mix of Belzona' 4lll was used to levelfloor before coating wrth Belzona! 58ll with non-slap Aggregate BELZONA FACTS Previous coattngs had fatled and allowed concrete detenoratron Chosen tselzona system provided the levels requred together with excellent resistance to the chemicals involved PICruRESI Overall view ol the contatnrnent area2 Usrng slurry mix of Belzona' 4lll to level low areas3 Frrst coat of Belzona' 58ll wrth non-slip aggregate4 Final coat of Belzona'5811 f o, morc dam,dc;o, &Em Xoow.H* ln AclM, plcss usit hllr, /..thra bet/or. r(.il. *q-a tFl/{'na ( r)n ((pfgN. Hq.r&ddt-d-JOl BDrffiA'erra','Prolxl .lDrtr Commission Meeting Agenda 12/3/2019 2:00 PM Approve Sole Source Procurement of Chemical Room Floor Coating Department:Utilities Department:Utilities Caption:Approve Sole Source Procurement of Chemical Room Floor Coating at a cost of $39,900.00. Background:The floor in our sodium hypochlorite storage room at the Highland Avenue Water Treatment Plant is in need of repair due to the impact of the corrosive chemical environment that exists. Our plan is to coat the entire floor with a chemical resistant coating to prevent a recurrence of this issue. We have had very good experience with the use of Belzona products for these types of applications in the past and have not identified any suitable reliable alternatives. DBR Associates is the sole distributor of Belzona products in Georgia. We have requested a proposal from DBR Associates to provide the required product and apply the coating with staff trained in this work. Analysis:We have had very good experience with the use of Belzona products for these types of applications in the past and have not identified any suitable reliable alternatives. Financial Impact:$39,900.00 from Budgeted Funds Alternatives:None Recommended Recommendation:Approve Sole Source Procurement of Chemical Room Floor Coating at a cost of $39,900.00. Funds are Available in the Following Accounts: 506043520 5413120 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 30, 2019 @ 11:00 a.m. for furnishing: Bid Item #19-266 Tractor/Front Loader - Batwing Sweeper Combo 70hp – 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 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, August 16, 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 July 25, August 1, 8, 15, 2019 Metro Courier July 25, 2019 OFFICIAL Vendors Blanchard Equipment Co 4266 Belair Frontage Rd Augusta, GA 30909 J & B Tractor 3585 Mike Padgett Hwy Augusta, GA 30906 AG-Pro 1377 Dogwood Dr. SW Conyers, GA 30012 Attachment B Yes Yes Yes E-Verify Number 72760 515905 675168 SAVE Form Yes Yes Yes Year 2019 2019 2019 Make John Deere Kubota John Deere Model 5075E CAB M7060HDC 5075E Bid Price $78,753.23 $69,430.00 $78,154.00 Delivery Date Oct-19 60- 90 days ARO 30 days ARO 2019/2020 Tractor/Loader-Batwing Sweeper Combo 70hp Total Number Specifications Mailed Out: 20 Total Number Specifications Download (Demandstar): 3 Total Electronic Notifications (Demandstar): 17 Georgia Procurement Registry: 239 Total packages submitted: 3 Total Non-Compliant: 0 Bid Opening Bid Item #19-266 2019/2020 Tractor/Loader- Batwing Sweeper Combo 70HP for Augusta, Georgia – Environmental Services Department Bid Due: Friday, August 30, 2019 @ 11:00 a.m. Page 1 of 1 Commission Meeting Agenda 12/3/2019 2:00 PM Approve the purchase of a Kubota M7060 HDC Tractor Loader-Batwing-Sweeper Combo, bid item #19-266 to J & B Tractor Co., Inc. Department:Environmental Services Department:Environmental Services Caption:Approve the purchase of a Kubota M7060 HDC Tractor Loader- Batwing-Sweeper Combo, bid item #19-266 to J & B Tractor Co., Inc., as they met all of the bid requirements and are the low bidder. Background:The Environmental Services Department, (ESD) currently has one large tractor, a Case Puma 155, used primarily for heavy towing and hillside mowing. When there is a major mechanical issue with this tractor, we have to transport the tractor to a specialized repair dealership, capable of working on tractors this size and larger tractors. The dealership, Tidewater is located at 9057 Hwy 67 Brooklet, Ga. which is approximately 100 miles away. Acquiring the M7060 HDC Kubota will provide multipurpose options; grass cutting, roadway sweeping, material transport (dirt/debris), and serve as a backup for the Customer Drop-Off, (CDO) operations. Also the local Augusta area Kubota dealership is capable of performing all warranty covered repairs and other repairs ESD personnel cannot perform. There were three responses to the bid solicitation that also met all bid specs, with J&B Tractor being the lowest price bidder. Analysis:To meet the needs of the ESD daily landfill operations, this mid- size tractor greatly increases productivity with its various attachments. In addition, the smaller size allows the tractor and batwing to cut in areas that are not accessible by the larger Case Puma 155 tractor/batwing combination. The sweeper attachment will allow better cleaning of debris on the roadways, CDO paved areas and scales making the landfill a cleaner place for both internal and external customers. The smaller sized batwing will also enable the operator to cut ditch lines and road shoulders at the landfill more effectively and cut manual labor hours in half if not more, increasing productivity. Financial Impact:The cash purchase price of the 2019 Kubota M7060 HDC combo is $69,430.00. This includes the 10 foot batwing, loader/bucket, articulating front sweeper and Preventive Maintenance services for 2000 hours. Funds are available in 541-04-4210 / 54.22210. Alternatives:1. Approve the purchase of the Kubota M7060 HDC Tractor Loader Batwing Sweeper Combo bid item #19-266. 2. Donot approve. Recommendation:Approve the purchase of the Kubota M7060 HDC Tractor Loader Batwing Sweeper Combo bid item #19-266. 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 12/3/2019 2:00 PM Georgia Power Easements for New Lift Station on Chester Avenue Department:Augusta Utilities Department:Augusta Utilities Caption:Approve two easements on Chester Avenue for Georgia Power Company to run electricity to a new lift station. Background:The Augusta Utilities Department is constructing the Rocky Creek Force Main project and, in so doing, has built a lift station at 1827 Chester Avenue. In order to operate the lift station, electricity will need to be run. Analysis:Georgia Power needs to run the electric line down Chester Avenue and requires easements on both 1850 Chester Avenue and 1827 Chester Avenue. Both parcels are owned by Augusta. Financial Impact:None Alternatives:No practical alternative Recommendation:Approve the two Easements, on Chester Avenue, for Georgia Power Company to run electricity to a new lift station. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Commission Meeting Agenda 12/3/2019 2:00 PM Motion to Abandon Right of Way Department:Engeering Department Department:Engeering Department Caption:Motion to determine that a Portion of Former Hephzibah McBean Road at Peach Orchard Road as shown on the attached map has ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the best public interest, 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. Background:The abandonment request has been reviewed by all essential county departments and administrators and approvals were received to this abandonment request. The map of said Portion of Former Hephzibah McBean Road at Peach Orchard Road is attached. Analysis:In addition to the information provided in the above Background section, publication notices will be made for a public hearing to be held, with results to be presented to the Commission. Notice to the property owners located thereon will be made, pursuant to O.C.G.A. §32-7-2(b)(1). Financial Impact:Cost of publication and advertisement of public hearing. Alternatives:Approve or deny request to determine that a Portion of Former Hephzibah McBean Road at Peach Orchard Road be abandoned. Recommendation:Approve determination and request for abandonment of a Portion of Former Hephzibah McBean Road at Peach Orchard Road, with public hearing to be 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 allowed by law, and an easement(s) as directed by the Augusta Engineering Department and the Augusta Utilities Department to be retained over the entire abandoned portion for existing or future utilities and drainage. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Augusta-Richmond County, Georgia BE IT ORDAINED by the Commission-Council of Augusta-Richmond County, Georgia that the following Capital Project Budget is hereby adopted: Section 1: This project is set up and authorized to CPB#329-041110 to award the preliminary engineering concept phase of the Design Consultant Services Agreement to Infrastructure Systems Management LLC in the amount of $565,559 for the Skinner Mill Rd Inprovements Project. Funds available in the project SPLOST VII Funds. Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. SPLOST Phase VII 565,559$ 565,559$ 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#328-041110-210328103 Honorable Hardie Davis, Jr., Mayor CAPITAL PROJECT BUDGET Skinner Mill Road Improvements 1 of 4 11/14/2019 Augusta-Richmond County, Georgia CPB#328-041110-210328103 CAPITAL PROJECT BUDGET Skinner Mill Road Improvements CPB AMOUNT CPB NEW SOURCE OF FUNDS CPB ADDITION CPB SPLOST PHASE VII (565,559)$ -$ (565,559)$ 329-041110-5212115 TOTAL SOURCES:(565,559)$ -$ (565,559)$ USE OF FUNDS ENGINEERING 329-041110-5212115 565,559$ -$ 565,559$ TOTAL USES:565,559$ -$ 565,559$ 2 of 4 11/14/2019 CPB#328-041110-210328103 3 of 4 11/14/2019 CPB#328-041110-210328103 4 of 4 11/14/2019 Georgia Department of Transportation COST PROPOSAL SUMMARY Proj. No.:Project:Skinner Mill Road Widening and Realignment PI No.:County:Richmond Prime:Infrastructure Systems Management Contract Type: Date:4-Sep-2019 Fixed Fee %:10% Offeror:Infrastructure Systems Management Master Contract: PO Box 227 Contract Expiration: 1557 Broad Street Task Order No:1 Augusta, GA 30903 Contact:Steven J. Cassell 706-836-5160 Project Manager scassell@ismllc-engr.com Contract Office:Roadway Design Contract Action:Task Order Contract Type:0 Task Order Totals Maximum Allowable Cost 565,559.37$ (Prime) Maximum Amount for Fixed Fee 15,010.88$ Provisional Overhead Rate 125.00% Fixed Fee Percentage 10% Minimum DBE Percentage 0.0% 10/30/2019 11:54 AM Skinner Mill Cost Proposal Summary 103019 Cover Page 1 of 41 Georgia Department of Transportation COST PROPOSAL Proj. No.:Project:Skinner Mill Road Widening and Realignment PI No.:County:Richmond Master Contract:0 Prime:Infrastructure Systems Management Contract Type:Contract Expiration:0-Jan-1900 Date:4-Sep-2019 Fixed Fee %:10%Task Order No:1 Cost Summary by Firm Maximum Allowable Compensation ==>565,559.37$ DBE Goal >0.0% Estimated Amounts by Firm DBE (Yes/No) Estimated DBE Participation Estimated DBE % TOTALS ==>565,559.37$ 44,480.73$ 190,969.63$ 33.8% Prime:Infrastructure Systems Management 190,969.63$ 15,010.88$ Yes 190,969.63$ 33.8% Subs:GMC 154,930.52$ 12,539.14$ No Constantine Engineering 26,925.65$ 2,414.15$ No Wolverton and Associates 150,116.97$ 10,647.88$ No Origin Landscaping 42,616.60$ 3,868.68$ No Gallop and Associates -$ -$ Yes -$ 0.0% Maximum Fixed Fee Amounts by Firm 10/30/2019 11:54 AM Skinner Mill Cost Proposal Summary 103019 Firm Summary Page 3 of 41 Georgia Department of Transportation COST PROPOSAL Proj. No.:Project:Skinner Mill Road Widening and Realignment PI No.:County:Richmond Master Contract:0 Prime:Infrastructure Systems Management Contract Type:Contract Expiration:0-Jan-1900 Date:4-Sep-2019 Fixed Fee %:10%Task Order No:1 Cost Summary By Phase / Discipline / Firm ˅ Formula Pulls Firm Name from each Discipline Tab Total Fee Infrastructure Systems Management GMC Constantine Engineering Infrastructure Systems Management Wolverton and Associates Origin Landscaping Enter discipline provided by firm >>Project Management Roadway Design and Geotech Design Support and Environmental Traffic Operations Survey and Aerial Mapping Lighting and Landscaping Totals 565,559.37$ 105,819.63$ 154,930.52$ 26,925.65$ 85,150.00$ 150,116.97$ 42,616.60$ -$ -$ 1 Concept Development 370,220.97$ 86,539.38$ 149,854.34$ 16,010.15$ 75,200.50$ -$ 42,616.60$ 2 Database Preparation 157,580.87$ 3,168.00$ -$ 4,295.90$ -$ 150,116.97$ -$ 3 Environmental Document 4,483.95$ 371.25$ -$ 4,112.70$ -$ -$ -$ 4 Preliminary Plans -$ -$ -$ -$ -$ -$ -$ 5 Right of Way Plans -$ -$ -$ -$ -$ -$ -$ 6 Final Plans -$ -$ -$ -$ -$ -$ -$ 7 Construction Services -$ -$ -$ -$ -$ -$ -$ 8 Special Studies -$ -$ -$ -$ -$ -$ -$ 9 Public Involvement 33,273.58$ 15,741.00$ 5,076.18$ 2,506.90$ 9,949.50$ -$ -$ Fixed Fee 44,480.73$ 8,710.88$ 12,539.14$ 2,414.15$ 6,300.00$ 10,647.88$ 3,868.68$ Tab Name>>PM1 Rd1 DS1 Trf1 Srv1 Lt1 DBE (Yes or No)Yes No No Yes No No DBE Participation 190,969.63$ 105,819.63$ -$ -$ 85,150.00$ -$ -$ -$ -$ DBE %33.8%18.7%15.1% Contract DBE Goal %0.0% Phase Phase Description Include a column for each discipline tab included in the proposal. Ensure formulas link to the corresponding discipline tab. 10/30/2019 11:54 AM Skinner Mill Cost Proposal Summary 103019 Cost Summary Page 4 of 41 Request for Qualifications Request for Qualifications will be received at this office until Thursday, June 20, 2019 @ 11:00 a.m. for furnishing for the Engineering Department: RFQ 19-238 Design and Engineering Services for Wrightsboro Road (Highland Avenue to Marks Church Road) Reconstruction and Pedestrian Improvements RFQ 19-239 Design and Engineering Services for Skinner Mill Road Widening and Realignment Project (Boy Scout to Walton Way Extension) 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 for RFQ 19-238 will be held on Tuesday, June 4, 2019 @ 10:00 a.m. in the Procurement Department, 535 Telfair Street, Room 605, Augusta, GA 30901. A Mandatory Pre Qualifications Conference for RFQ 19-239 will be held on Tuesday, June 4, 2019 @ 11:00 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 Thursday, June 6, 2019, @ 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 ninety (90) 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 May 9, 16, 23, 30, 2019 Metro Courier May 9, 2019 OFFICIAL VENDORS Original 7 Copies Attachment B E-Verify Addendum Save Form POND & COMPANY 621 NW FRONTAGE ROAD, STE 320 AUGUSTA, GA 30907 Yes Yes Yes 175046 Yes Yes BENESCH 1005 BROAD STREET, SUITE 200 AUGUSTA, GA 30901 Yes Yes Yes 307873 Yes Yes MORELAND ALTOBELLI ASSOC, LLC 2450 COMMERCE AVENUE SUITE 100 DULUTH, GA 30096-8910 Yes Yes Yes 53328 Yes Yes HUSSEY GAY BELL 329 COMMERCIAL DRIVE SAVANNAH, GA 31406 Yes Yes Yes 398475 Yes Yes CRANSTON ENGINEERING GROUP 452 ELLIS ST. AUGUSTA, GEORGIA 30901 Yes Yes Yes 64684 Yes Yes CPL 3011 SUTTON GATE DR, SUITE 130 SUWANEE, GA 30024 Yes Yes Yes 209339 Yes Yes INFRASTRUCTURE SYSTEMS MGT, LLC 1557 BROAD ST AUGUSTA, GA 30904 Yes Yes Yes 1266225 Yes Yes Total Number Specifications Mailed Out: 33 Total Number Specifications Download (Demandstar): 5 Total Electronic Notifications (Demandstar): 140 Georgia Procurement Registry: 393 Mandatory Pre-Qualifications Conference Attendees: 11 Total Number Mailed to Local Vendors: 19 Total packages submitted: 5 Total Noncompliant: 0 RFQ Opening 19-239 Design and Engineering Services for Skinner Mill Road Widening and Realignment Project (Boy Scout Road to Walton Way Extension) for Augusta, GA –Engineering Department RFQ Due: Thursday, June 20, 2019 @ 11:00 a.m. The Following Vendors Did Not Send A Submittal: NEEL-SCHAFFER 1800 PEACHTREE STREET SUITE 620 ATLANTA, GA 30208; EMC ENGINEERING 4424 COLUMBIA RD SUITE B MARTINEZ, GA 30907 GOODWYN, MILLS & CAWOOD 1450 GREENE ST, SUITE 505 AUGUSTA, GA 30901 NEEL-SCHAFFER 1800 PEACHTREE STREET SUITE 620 ATLANTA, GA 30208 WOLVERTON & ASSOCIATES 6745 SUGARLOAF PKWY., SUITE 100 DULUTH, GA 30097 1 of 1 POND & COMPANY 621 NW FRONTAGE ROAD, STE 320 AUGUSTA, GA 30907 BENESCH 1005 BROAD STREET, SUITE 200 AUGUSTA, GA 30901 MORELAND ALTOBELLI ASSOC, LLC 2450 COMMERCE AVENUE SUITE 100 DULUTH, GA 30096- 8910 HUSSEY GAY BELL 329 COMMERCIAL DRIVE SAVANNAH, GA 31406 CRANSTON ENGINEERING GROUP 452 ELLIS ST. AUGUSTA, GEORGIA 30901 CPL 3011 SUTTON GATE DR, SUITE 130 SUWANEE, GA 30024 INFRASTRUCTURE SYSTEMS MGT, LLC 1557 BROAD ST AUGUSTA, GA 30904 POND & COMPANY 621 NW FRONTAGE ROAD, STE 320 AUGUSTA, GA 30907 BENESCH 1005 BROAD STREET, SUITE 200 AUGUSTA, GA 30901 MORELAND ALTOBELLI ASSOC, LLC 2450 COMMERCE AVENUE SUITE 100 DULUTH, GA 30096- 8910 HUSSEY GAY BELL 329 COMMERCIAL DRIVE SAVANNAH, GA 31406 CRANSTON ENGINEERING GROUP 452 ELLIS ST. AUGUSTA, GEORGIA 30901 CPL 3011 SUTTON GATE DR, SUITE 130 SUWANEE, GA 30024 INFRASTRUCTURE SYSTEMS MGT, LLC 1557 BROAD ST AUGUSTA, GA 30904 Ranking of 0-5 Ranking of 0-5 Ranking of 0-5 Ranking of 0-5 Ranking of 0-5 Ranking of 0-5 Ranking of 0-5 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 PASS PASS PASS PASS 2. Qualifications & Experience (0-5)15 4.3 3.8 4.3 5.0 3.8 4.3 5.0 63.75 56.25 63.75 75 56.25 63.75 75 3. Organization & Approach (0-5)15 4.3 3.5 3.5 4.0 3.5 3.5 5.0 63.75 52.5 52.5 60 52.5 52.5 75 4. Scope of Services • Detailed description of the proposed technical approach to be taken for the performance of the required services and associated deliverables. (0-5)25 4.0 3.6 3.8 4.6 3.5 4.0 5.0 100 90.625 93.75 115.625 87.5 100 125 5. Workload (0-5)10 5.0 4.8 5.0 4.8 4.8 4.8 4.8 50 47.5 50 47.5 47.5 47.5 47.5 6. Financial Stability (0-5)5 5.0 5.0 5.0 5.0 5.0 5.0 5.0 25 25 25 25 25 25 25 6. References (0-5)5 5.0 5.0 5.0 5.0 5.0 5.0 5.0 25 25 25 25 25 25 25 Within Richmond County 5 10 5 5 5 5 50 50 0 0 50 0 50 Within CSRA 5 6 0 0 0 0 0 0 0 Within Georgia 5 4 5 5 5 0 0 20 20 0 20 0 Within SE United States (includes AL, TN, NC, SC, FL) 5 2 0 0 0 0 0 0 0  All Others 5 1 0 0 0 0 0 0 0 22.5 20.6 21.5 23.4 20.5 21.5 24.8 377.5 346.9 330.0 368.1 343.8 333.8 422.5 8. Presentation by Team (0-5)10 0 0 0 0 0 0 0 9 Q&A Response to Panel Questions (0-5)5 0 0 0 0 0 0 0 Total Phase 2 - (Total Maximum Ranking 10 - Maximum Weighted Total Possible 75) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 22.5 20.6 21.5 23.4 20.5 21.5 24.8 377.5 346.9 330.0 368.1 343.8 333.8 422.5 Procurement DepartmentRepresentative:__________Nancy Williams_______________________________ Procurement Department Completion Date: ____7/18/19____________________ 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: __7/18/19 RFQ 19-239 - Design and Engineering Services for Skinner Mill Road Widening and Realignment Project (Boy Scout to Walton Way Extension) for the Augusta, GA – Engineering Department RFP Evaluation Meeting: Thursday, July 18, 2019 @ 4:00 p.m. Total (Total Possible Score 500) Total (May not Receive Less Than a 3 Ranking in Any Category to be Considered for Award) 7. Proximity to Area (only choose 1 line according to location of the company - enter the ranking value for the one line only) Vendors Phase 1 Total - (Total Maximum Ranking 25 - Maximum Weighted Total Possible 425) Phase 1 Weighted Scores Weighted Scores Weighted ScoresWeighted ScoresWeighted Scores Weighted ScoresScale 0 (Low) to 5 (High) Weighted Scores Commission Meeting Agenda 12/3/2019 2:00 PM RFQ 19-239 Skinner Mill Road Improvements Project Design Services for Road Improvements (Boy Scout Rd to Walton Way Extension) Department:Engineering Department:Engineering Caption:Approve and award Preliminary Engineering Concept Phase (design phase 1) of the Design Consultant Services Agreement to Infrastructure Systems Management, LLC in the amount of $565,559.37 for the Skinner Mill Road Improvements Project as requested by the AED. Award is contingent upon receipt of signed agreement. RFQ 19-239. Background:Skinner Mill Road Improvements project is an approved SPLOST project. It is two lanes (one lanes each direction) with roadside ditches. This project would benefit the public by improving roadway safety by resurfacing and reconstructing, and improving road drainage. As a first phase of this contract, conceptual design and cost estimates will be prepared that will consider traffic-based needs, accessibility requirements, and multi-modal needs to include bus, bicycle, and pedestrians. This phase will be used to inform later design phase services. The scope includes topographic and drainage survey; preliminary environmental and stormwater studies; traffic studies to determine the need for signals, turn lanes, and midblock crossings; a review of bus accessibility and sidewalk compliance with ADA standards; and pavement rehabilitation design. In June 2019, The Engineering Department (AED) requested professional services (RFQ) to perform design and field engineering services for this project. Analysis:RFQ’s were received on June 20, 2019 and firms were evaluated based on qualifications, project approach, and experience. The following firms submitted RFQs for evaluations: 1. Pond & Company 2. Alfred Benesch 2. Moreland Altobelli 3. Hussey, Gay, Bell & DeYoung, Inc. 4. Cranston Engineering Group 5. CPL 6. Infrastructure Systems Management LLC (ISM) ISM was selected based on the evaluation procedures used for this project. Financial Impact:Project SPLOST VII Funds. Alternatives:1). Do not approve and find alternative to complete the project Recommendation:Approve and award Preliminary Engineering Concept Phase (design phase1) of the Design Consultant Services Agreement to Infrastructure Systems Management, LLC in the amount of $565,559.37 for the Skinner Mill Road Improvement Project as requested by the AED. Award is contingent upon receipt of signed agreement. Funds are Available in the Following Accounts: Project SPLOST VII Funds 329041110-5212115 (JL TBD) REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Augusta-Richmond County, Georgia BE IT ORDAINED by the Commission-Council of Augusta-Richmond County, Georgia that the following Capital Project Budget is hereby adopted: Section 1: This project is set up and authorized to CPB#329-041110 to award the preliminary engineering concept phase (design phase 1) of the Design Consultant Services Agreement to Wolverton & Associates, Inc. in the amount of $428,454.07 for the Wrightsboro Rd Improvements and Reconstruction project. Funds available in the project SPLOST VII Funds. Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. SPLOST Phase VII 428,454$ 428,454$ 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#329-041110 Honorable Hardie Davis, Jr., Mayor CAPITAL PROJECT BUDGET Wrightsboro Rd Improvements and Reconstruction (Highland Ave to Marks Church Rd) 1 of 4 11/14/2019 Augusta-Richmond County, Georgia CPB#329-041110 CAPITAL PROJECT BUDGET Wrightsboro Rd Improvements and Reconstruction (Highland Ave to Marks Church Rd) CPB AMOUNT CPB NEW SOURCE OF FUNDS CPB ADDITION CPB SPLOST PHASE VII (428,454)$ -$ (428,454)$ 329-041110-5212115 TOTAL SOURCES:(428,454)$ -$ (428,454)$ USE OF FUNDS ENGINEERING 329-041110-5212115 428,454$ -$ 428,454$ TOTAL USES:428,454$ -$ 428,454$ 2 of 4 11/14/2019 the preliminary engineering concept phase (design phase 1) of the Design Consultant Services CPB#329-041110 Wrightsboro Rd Improvements and Reconstruction (Highland Ave to Marks Church Rd) 3 of 4 11/14/2019 CPB#329-041110 Wrightsboro Rd Improvements and Reconstruction (Highland Ave to Marks Church Rd) 4 of 4 11/14/2019 Georgia Department of Transportation COST PROPOSAL SUMMARY Proj. No.:Project:Wrightsboro Road Reconstruction and Pedestrian Improvements PI No.:County:Richmond Prime:Wolverton & Associates Contract Type:Cost Plus Date:15-Aug-2019 Fixed Fee %:10% Offeror:Wolverton & Associates Master Contract: 6745 Sugarloaf Parkway Contract Expiration: Suite 100 Task Order No:1 Duluth, Georgia 30097 Contact:Angela Snyder 706-447-8999 Project Manager angela.snyder@wolvertoninc.com Contract Office:Office of Program Delivery Contract Action:Task Order Contract Type:Cost Plus Task Order Totals Maximum Allowable Cost 428,454.07$ (Prime) Maximum Amount for Fixed Fee 19,606.66$ Provisional Overhead Rate 168.18% Fixed Fee Percentage 10% Minimum DBE Percentage 0.0% 11/11/2019 2:47 PM 19-238 Wrightsboro_Fee Review #1.pdf Cover Page 1 of 69 Georgia Department of Transportation COST PROPOSAL Proj. No.:Project:Wrightsboro Road Reconstruction and Pedestrian Improvements PI No.:County:Richmond Master Contract:0 Prime:Wolverton & Associates Contract Type:Cost Plus Contract Expiration:0-Jan-1900 Date:15-Aug-2019 Fixed Fee %:10%Task Order No:1 Cost Summary by Firm Maximum Allowable Compensation ==>428,454.07$ DBE Goal >0.0% Estimated Amounts by Firm DBE (Yes/No) Estimated DBE Participation Estimated DBE % TOTALS ==>428,454.07$ 35,302.02$ 138,519.48$ 32.3% Prime:Wolverton & Associates 231,683.22$ 19,606.66$ No Subs: Johnson Laschober & Associates 53,794.95$ 4,890.45$ No ISM, LLC 99,288.63$ 7,639.88$ Yes 99,288.63$ 23.2% Platinum Geomatics, LLC 39,230.85$ 2,780.08$ Yes 39,230.85$ 9.2% VHB 4,456.42$ 384.95$ No Maximum Fixed Fee Amounts by Firm 11/11/2019 2:47 PM 19-238 Wrightsboro_Fee Review #1.pdf Firm Summary Page 3 of 69 Georgia Department of Transportation COST PROPOSAL Proj. No.:Project:Wrightsboro Road Reconstruction and Pedestrian Improvements PI No.:County:Richmond Master Contract:0 Prime:Wolverton & Associates Contract Type:Cost Plus Contract Expiration: Date:15-Aug-2019 Fixed Fee %:10%Task Order No:1 Cost Summary By Phase / Discipline / Firm ˅ Formula Pulls Firm Name from each Discipline Tab Total Fee Wolverton & Associates Wolverton & Associates ISM, LLC Sub Firm Name 4 ISM, LLC VHB Wolverton & Associates Platinum Geomatics, LLC Sub Firm Name 5 Johnson Laschober & Associates Johnson Laschober & Associates Enter discipline provided by firm >>Project Management Roadway Design Design Support Bridge Design & Hydraulics Traffic Operations Environmental Environmental Survey Aerial Mapping Utilities Investigation (SUE) Lighting Landscaping Totals 428,454.07$ 23,984.46$ 119,145.18$ 29,519.25$ -$ 69,769.38$ 4,456.42$ -$ 88,553.58$ 39,230.85$ -$ -$ 38,992.80$ 14,802.15$ 1 Concept Development 275,560.86$ 16,031.26$ 110,821.60$ 20,687.25$ -$ 69,769.38$ 4,456.42$ -$ -$ -$ -$ 38,992.80$ 14,802.15$ 2 Database Preparation 130,889.94$ 1,772.35$ 1,333.16$ -$ -$ -$ -$ 88,553.58$ 39,230.85$ -$ -$ -$ -$ 3 Environmental Document 1,961.85$ 1,394.51$ 567.34$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 4 Preliminary Plans -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 5 Right of Way Plans -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 6 Final Plans -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 7 Construction Services -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 8 Special Studies -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 9 Public Involvement 20,041.42$ 4,786.34$ 6,423.08$ 8,832.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Fixed Fee 35,302.02$ 2,180.40$ 10,682.03$ 2,301.75$ -$ 5,338.13$ 384.95$ 6,744.23$ 2,780.08$ -$ -$ 3,544.80$ 1,345.65$ Tab Name>>PM1 Rd1 DS1 Br1 Trf1 Env1 Env2 Srv1 Map1 SUE1 OMT1 Lt1 La1 DBE (Yes or No)No No Yes Yes No No Yes No No DBE Participation 138,519.48$ -$ -$ 29,519.25$ -$ 69,769.38$ -$ -$ -$ 39,230.85$ -$ -$ -$ -$ DBE %32.3%6.9%16.3%9.2% Contract DBE Goal %0.0% 0-Jan-1900 Phase Phase Description Include a columnfor each discipline tab included in the proposal. Ensure formulas link to the corresponding discipline tab. 11/11/2019 2:47 PM 19-238 Wrightsboro_Fee Review #1.pdf Cost Summary Page 4 of 69 Request for Qualifications Request for Qualifications will be received at this office until Thursday, June 20, 2019 @ 11:00 a.m. for furnishing for the Engineering Department: RFQ 19-238 Design and Engineering Services for Wrightsboro Road (Highland Avenue to Marks Church Road) Reconstruction and Pedestrian Improvements RFQ 19-239 Design and Engineering Services for Skinner Mill Road Widening and Realignment Project (Boy Scout to Walton Way Extension) 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 for RFQ 19-238 will be held on Tuesday, June 4, 2019 @ 10:00 a.m. in the Procurement Department, 535 Telfair Street, Room 605, Augusta, GA 30901. A Mandatory Pre Qualifications Conference for RFQ 19-239 will be held on Tuesday, June 4, 2019 @ 11:00 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 Thursday, June 6, 2019, @ 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 ninety (90) 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 May 9, 16, 23, 30, 2019 Metro Courier May 9, 2019 OFFICIAL VENDORS Original 7 Copies Attachment B E-Verify Addendum Save Form BENESCH 1005 BROAD STREET SUITE 200 AUGUSTA, GA 30901 Yes Yes Yes 307873 Yes Yes MORELAND ALTOBELLI ASSOCIATES, LLC 2450 COMMERCE AVENUE SUITE 100 DULUTH, GA 30096-8910 Yes Yes Yes 53328 Yes Yes HUSSEY GAY BELL & DEYOUNG, INC. CONSULTING ENGINEERS 329 COMMERCIAL DRIVE SAVANNAH, GA 31406 Yes Yes Yes 398475 Yes Yes CRANSTON ENGINEERING GROUP 452 ELLIS STREET AUGUSTA, GA 30901 Yes Yes Yes 64684 Yes Yes WOLVERTON & ASSOCIATES, INC 6745 SUGARLOAF PKWY., SUITE 100 DULUTH, GA 30097 Yes Yes Yes 110645 Yes Yes Total Number Specifications Mailed Out: 33 Total Number Specifications Download (Demandstar): 6 Total Electronic Notifications (Demandstar): 140 Georgia Procurement Registry: 393 Mandatory Pre-Qualifications Conference Attendees: 11 Total Number Mailed to Local Vendors: 19 Total packages submitted: 4 Total Noncompliant: 0 RFQ Opening 19-238 Design and Engineering Services for Wrightsboro Road (Highland Avenue to Marks Church Road) Reconstruction and Pedestrian Improvements for Augusta, GA –Engineering Department RFQ Due: Thursday, June 20, 2019 @ 11:00 a.m. The Following Vendors Did Not Submit a Response: INFRASTRUCTURE SYSTEMS MGT / 1557 BROAD ST / AUGUSTA, GA 30901 NEEL-SCHAFFER / 1800 PEACHTREE STREET SUITE 620 /vATLANTA, GA 30208 CPL / 3011 SUTTON GATE DR SUITE 130 / SUWANEE, GA 30024 EMC ENGINEERING / 4424 COLUMBIA RD SUITE B / MARTINEZ, GA 30907 GOODWYN, MILLS & CAWOOD / 1450 GREENE ST, SUITE 505 / AUGUSTA, GA 30901 NEEL-SCHAFFER / 1800 PEACHTREE STREET SUITE 620 / ATLANTA, GA 30208 1 of 1 ALFRED BENESCH 1005 BROAD STREET SUITE 200 AUGUSTA, GA 30901 MORELAND ALTOBELLI ASSOCIATES, LLC 2450 COMMERCE AVENUE SUITE 100 DULUTH, GA 30096- 8910 HUSSEY GAY BELL & DEYOUNG, INC. 329 COMMERCIAL DRIVE SAVANNAH, GA 31406 CRANSTON ENGINEERING GROUP 452 ELLIS STREET AUGUSTA, GA 30901 WOLVERTON & ASSOCIATES, INC 6745 SUGARLOAF PKWY., SUITE 100 DULUTH, GA 30097 ALFRED BENESCH 1005 BROAD STREET SUITE 200 AUGUSTA, GA 30901 MORELAND ALTOBELLI ASSOCIATES, LLC 2450 COMMERCE AVENUE SUITE 100 HUSSEY GAY BELL & DEYOUNG, INC. CONSULTING ENGINEERS 329 COMMERCIAL DRIVE CRANSTON ENGINEERING GROUP 452 ELLIS STREET AUGUSTA, GA 30901 WOLVERTON & ASSOCIATES, INC 6745 SUGARLOAF PKWY., SUITE 100 DULUTH, GA 30097 Ranking of 0-5 Ranking of 0-5 Ranking of 0-5 Ranking of 0-5 Ranking of 0-5 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)15 3.8 4.3 5.0 3.5 5.0 56.25 63.75 75 52.5 75 3. Organization & Approach (0-5)15 3.5 3.5 4.0 3.5 5.0 52.5 52.5 60 52.5 75 4. Scope of Services • Detailed description of the proposed technical approach to be taken for the performance of the required services and associated deliverables. (0-5)25 3.8 3.8 4.0 3.5 5.0 93.75 93.75 100 87.5 125 5. Workload (0-5)10 4.8 4.8 4.5 4.8 5.0 47.5 47.5 45 47.5 50 6. Financial Stability (0-5)5 5.0 5.0 5.0 5.0 5.0 25 25 25 25 25 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 5 50 0 0 50 0 Within CSRA 5 6 0 0 0 0 0 Within Georgia 5 4 5 5 5 0 20 20 0 20 Within SE United States (includes AL, TN, NC, SC, FL) 5 2 0 0 0 0 0 · All Others 5 1 0 0 0 0 0 20.8 21.3 22.5 20.3 25.0 350.0 327.5 350.0 340.0 395.0 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 Total Phase 2 - (Total Maximum Ranking 10 - Maximum Weighted Total Possible 75) 0 0 0 0 0 0 0 0 0 0 20.8 21.3 22.5 20.3 25.0 350.0 327.5 350.0 340.0 395.0 RFQ 19-238 Design and Engineering Services for Wrightsboro Road (Highland Avenue to Marks Church Road) Reconstruction and Pedestrian Improvements for the Augusta, GA – Engineering Department RFP Evaluation Meeting: Thursday, July 18, 2019 @ 4:00 p.m. Total (Total Possible Score 500) Total (May not Receive Less Than a 3 Ranking in Any Category to be Considered for Award) 7. Proximity to Area (only choose 1 line according to location of the company - enter the ranking value for the one line only) Vendors Phase 1 Total - (Total Maximum Ranking 25 - Maximum Weighted Total Possible 425) Phase 1 Weighted Scores Weighted Scores Weighted ScoresWeighted Scores Weighted ScoresScale 0 (Low) to 5 (High) Procurement DepartmentRepresentative:____Nancy Williams_____________________________________ Procurement Department Completion Date: _______7/18/19_________________ 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: __7/18/19 Commission Meeting Agenda 12/3/2019 2:00 PM RFQ 19-238 Wrightsboro Road Improvements ProjectDesign Services for Road Improvements and Reconstruction(Highland Avenue to Marks Church Road) Department:Engineering Department:Engineering Caption:Approve and award Preliminary Engineering Concept Phase (design phase 1) of the Design Consultant Services Agreement to Wolverton & Associates, Inc. in the amount of $428,454.07 for the Wrightsboro Road Improvements Project as requested by the AED. Award is contingent upon receipt of signed agreement. RFQ 19-238. Background:Wrightsboro Road Improvements project is an approved SPLOST project. The Wrightsboro Road Reconstruction and Pedestrian Improvements project will provide pavement rehabilitation and shoulder improvements from Marks Church Road to Highland Avenue. As a first phase of this contract, conceptual design and cost estimates will be prepared that will consider traffic-based needs, accessibility requirements, and multi-modal needs to include bus, bicycle, and pedestrians. This phase will be used to inform later design phase services. The scope includes topographic and drainage survey; preliminary environmental and stormwater studies; traffic studies to determine the need for signals, turn lanes, and midblock crossings; a review of bus accessibility and sidewalk compliance with ADA standards; and pavement rehabilitation design that will correct failing subgrade and improve rideability along the corridor. Also included in this concept phase is study of street lighting options, potential for street trees, and landscaping/hardscaping to improve corridor aesthetics. In June 2019, The Engineering Department (AED) requested professional services (RFQ) to perform design and field engineering services for this project . Analysis:RFQ’s were received on June 20, 2019 and firms were evaluated based on qualifications, project approach, and experience. The following firms submitted RFQs for evaluations: 1. Alfred Benesch. 2. Moreland Altobelli 3. Hussy, Gay, Bell & DeYoung, Inc. 4. Cranston Engineering Group 5. Wolverton & Associates, Inc. Wolverton & Associates was selected based on the evaluation procedures used for this project. Financial Impact:Project SPLOSTVII Funds. Alternatives:1). Do not approve and find alternative to complete the project Recommendation:Approve and award Preliminary Engineering Concept Phase (design phase1) of the Design Consultant Services Agreement to Wolverton & Associates, Inc. in the amount of $428,454.07 for the Wrightsboro Road Improvement Project as requested by the AED. Award is contingent upon receipt of signed agreement. Funds are Available in the Following Accounts: Project SPLOST VII Funds 329041110-5212115 (JL TBD) REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Augusta-Richmond County, Georgia BE IT ORDAINED by the Commission-Council of Augusta-Richmond County, Georgia that the following Capital Project Budget is hereby amended: Section 1: The project is authorized to CPB#371-041110 to approve and award Preliminary and and Engineering Design Consultant Services Agreement to Moreland Altobelli & Associates Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. TIA Design 46,113$ 46,113$ 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 _________________________________________________ Honorable Hardie Davis, Mayor CAPITAL PROJECT BUDGET CPB#371-041110 Walton Way over Hawks Gully (Bridge Repair & Restoration) (RFP #19-243) in the amount of $46,113 for the Walton Way over Hawks Gully project requested by AED. RFP 19-243 Funding is available in the TIA project budget: 11/13/2019 Augusta-Richmond County, Georgia CAPITAL PROJECT BUDGET CPB#371-041110 Walton Way over Hawks Gully (Bridge Repair & Restoration) (RFP #19-243) CPB AMOUNT New SOURCE OF FUNDS CPB CPB TIA Project 371-041110/5212115 ($46,113)($46,113) TOTAL SOURCES: ($46,113)($46,113) USE OF FUNDS ENGINEERING 371-041110-5414210 $46,113 $46,113 TOTAL USES: $46,113 $46,113 11/13/2019 2450 COMMERCE AVENUE, SUITE 100, DULUTH, GA 30096-8910 770.263.5945 | F 770.263.0166 | maai.net October 18, 2019 Mr. Hameed Malik, Ph.D., P.E. Director of Engineering Augusta – Richmond County 452 Walker Street, Suite 110 Augusta, GA 30901 Re: Project Scope – Repair and Restoration of Walton Way over Hawks Gully (Augusta Canal) Bridge and Necessary Improvements TIA Project # RC07-001214; PI 0011416 Dear Dr. Malik: As requested, we are providing a summary of the project scope to accompany the fee proposal submitted in September ($46,112.33) for the referenced project. The project will include enhancements on Walton Way between 8th Street and 9th Street, drainage improvements as necessary, and improvements to the existing bridge culvert over Hawks Gully as necessary. Scope Summary We are assuming this project will follow GDOT’s shortened process for off-system locally let, TIA funded projects and will not require a NEPA document. Database work will be done in accordance with GDOT’s standards on state plane coordinates, but will not require review/approval by GDOT. 1. Database Preparation ($10,068.81)  GPS control survey and control package preparation  Field surveys (topography, drainage, utilities, and property per GDOT guidelines)  Database preparation including property resolution (InRoads database incl. digital terrain model)  Septic research 2. Conceptual Design ($27,656.50)  Site visits by design and environmental staff (incl. environmental screening)  Bridge culvert inspection, and analysis of improvement alternatives (if required)  Conceptual design layouts (2 alternatives)  Concept report (in accordance with GDOT TIA requirements)  Construction, right-of-way, and utility relocation cost estimates. 3. Public Involvement ($8,387.02)  Public information open-house meeting (PIOH) – prepare displays & handouts, attend meeting, and prepare responses to all comments. If you have any questions or need any additional information, please do not hesitate to contact me at 770-263-5945. Sincerely, Brad Hale Brad Hale, P.E. Vice President cc: Todd Long, Jerry Brinson, Vickie Moreland City of Augusta COST PROPOSAL SUMMARY Proj. No.: Project:Walton Way over Hawks Gully PI No.: County:Richmond Prime:Moreland Altobelli Associates, LLC Contract Type:Cost Plus Fixed Fee Date:15-Aug-2019 Fixed Fee %:10% Offeror:Moreland Altobelli Associates, LLC Master Contract:N/A 2450 Commerce Avenue Contract Expiration:N/A Suite 100 Task Order No:1 Duluth, GA 30096-8910 Contact:Brad Hale (770) 263-5945 Vice President bhale@maai.net Contract Office:N/A Contract Action:Task Order Contract Type:Cost Plus Fixed Fee Task Order Totals Maximum Allowable Cost 46,112.33$ (Prime) Maximum Amount for Fixed Fee 3,966.96$ Provisional Overhead Rate 116.15% Fixed Fee Percentage 10% Minimum DBE Percentage N/A 9/4/2019 3:13 PM Walton Way over Hawks Gully Fee Proposal 2019-09-04.xlsx Cover Page 1 of 8 City of Augusta COST PROPOSAL Proj. No.:Project:Walton Way over Hawks Gully PI No.: County:Richmond Master Contract:N/A Prime:Moreland Altobelli Associates, LLC Contract Type:Cost Plus Fixed Fee Contract Expiration: Date:15-Aug-2019 Fixed Fee %:10%Task Order No:1 Cost Summary By Phase / Discipline / Firm ˅ Formula Pulls Firm Name from each Discipline Tab Total Fee Moreland Altobelli Associates, LLC Moreland Altobelli Associates, LLC Moreland Altobelli Associates, LLC Moreland Altobelli Associates, LLC Moreland Altobelli Associates, LLC Enter discipline provided by firm >>Project Management Roadway Design Bridge Design & Hydraulics Environmental Survey Totals 46,112.33$ 4,056.01$ 21,185.53$ -$ 4,735.99$ -$ 6,065.99$ -$ 10,068.81$ -$ -$ 1 Concept Development 27,656.50$ 4,056.01$ 16,071.70$ -$ 4,735.99$ -$ 2,792.80$ -$ 2 Database Preparation 10,068.81$ -$ -$ -$ -$ -$ -$ 10,068.81$ 9 Public Involvement 8,387.02$ -$ 5,113.83$ -$ -$ -$ 3,273.19$ -$ Fixed Fee 3,966.96$ 334.93$ 1,889.15$ -$ 413.53$ -$ 507.12$ 822.23$ Tab Name>> PM1 Rd1 DS1 Br1 Trf1 Env1 Env2 Srv1 DBE (Yes or No)No No No No No DBE Participation -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ DBE % Contract DBE Goal %N/A Moreland Altobelli Associates, LLC Moreland Altobelli Associates, LLC Moreland Altobelli Associates, LLC Moreland Altobelli Associates, LLC Moreland Altobelli Associates, LLC Project Management Roadway Design Bridge Design & Hydraulics Environmental Survey Totals 399 22 175 - 36 - 64 - 102 - - 1 Concept Development 221 22 131 - 36 - 32 - 2 Database Preparation 102 - - - - - - 102 9 Public Involvement 76 - 44 - - - 32 - By Phase / Firm Phase Phase Description Total Hours N/A Phase Phase Description Hours Summary Include a column for each discipline tab included in the proposal. Ensure formulas link to the corresponding discipline tab. 9/4/2019 3:13 PM Walton Way over Hawks Gully Fee Proposal 2019-09-04.xlsx Cost Summary Page 2 of 8 City of Augusta COST PROPOSAL Proj. No.: Project:Walton Way over Hawks Gully PI No.: County:Richmond Master Contract:N/A Prime:Moreland Altobelli Associates, LLC Contract Type:Cost Plus Fixed Fee Contract Expiration:N/A Date:15-Aug-2019 ˅ Select Firm from Pulldown, Uses List on Project Tab Fixed Fee %:10%Task Order No:1 Discipline:Hours & Cost Estimate Total Hours Total Cost Total Other Direct Costs Fixed Fee @ Total Labor Cost Direct Labor Cost Indirect Costs (Overhead) @ FCCM @ Phase Description Assumptions / Notes 10%116.15%0.11% TOTALS ==> 22 4,056.01$ 370.00$ 334.93$ 3,351.08$ 1,549.54$ 1,799.79$ 1.75$ 1 Concept Development 22 4,056.01$ 370.00$ 334.93$ 3,351.08$ 1,549.54$ 1,799.79$ 1.75$ 2 Database Preparation - -$ -$ -$ -$ -$ -$ -$ 9 Public Involvement - -$ -$ -$ -$ -$ -$ -$ Phase Level Summary - Labor ˅ Enter Employees Current Direct Labor Hourly Rate EXCLUDING ESCALATION <<CLICK BUTTON TO LEFT SHOW OR HIDE PHASE SUMMARY Staff Type / Project Hourly Rates / Hours Total Project Manager - Sr. Administrative Phase Description $86.50 $27.59 TOTALS ==> 22 16 6 - - - - - - - - 1 Concept Development 22 16 6 - - - - - - - - 2 Database Preparation - - - - - - - - - - - 9 Public Involvement - - - - - - - - - - - Phase Level Summary - Other Direct Costs Other Direct Costs Express/Mail /Courier Lodging Meals Mileage Parking Reproduction /Printing Car Rental Phase Description TOTALS ==> 370$ -$ -$ -$ 370$ -$ -$ -$ -$ -$ -$ 1 Concept Development 370$ 370$ 2 Database Preparation -$ 9 Public Involvement -$ Hours by Task Total Hours Project Manager - Sr. Administrative - - - - - - - - 1 Concept Development Assumptions / Notes 22 16 6 - - - - - - - - Project Management - Coordination Meetings 2 client meetings in Augusta 10 10 Project Management - Schedule Management/Updates - Project Administration (Contracting, Invoicing, etc.) 12 6 6 - - - Total Other Direct Costs Moreland Altobelli Associates, LLC Project Management It is the Consultant's responsibility to ensure all hours and costs are accounted for in the TOTALS 9/4/2019 3:13 PM Walton Way over Hawks Gully Fee Proposal 2019-09-04.xlsx PM1 Page 3 of 8 City of Augusta COST PROPOSAL Proj. No.: Project:Walton Way over Hawks Gully PI No.: County:Richmond Master Contract:N/A Prime:Moreland Altobelli Associates, LLC Contract Type:Cost Plus Fixed Fee Contract Expiration:N/A Date:15-Aug-2019 ˅ Select Firm from Pulldown, Uses List on Project Tab Fixed Fee %:10%Task Order No:1 Discipline:Hours & Cost Estimate Total Hours Total Cost Total Other Direct Costs Fixed Fee @ Total Labor Cost Direct Labor Cost Indirect Costs (Overhead) @ FCCM @ Phase Description Assumptions / Notes 10% 116.15% 0.11% TOTALS ==> 175 21,185.53$ 395.00$ 1,889.15$ 18,901.38$ 8,740.00$ 10,151.51$ 9.87$ <<CLICK BUTTON TO LEFT SHOW OR HIDE PHASE SUMMARY Staff Type / Project Hourly Rates / Hours Total Project Principal Project Engineer - Sr. Project Engineer Engineer Designer -Sr. Designer CADD Technician Administrative Phase Description $136.49 $86.50 $50.00 $40.00 $35.00 $27.59 TOTALS ==> 175 - 40 - 111 - - 24 - - - 1 Concept Development 131 - 32 - 87 - - 12 - - - 2 Database Preparation - - - - - - - - - - - 9 Public Involvement 44 - 8 - 24 - - 12 - - - Phase Level Summary - Other Direct Costs Other Direct Costs Express/Mail /Courier Lodging Meals Mileage Parking Reproduction /Printing Car Rental Vendor Service Right of Way Phase Description TOTALS ==> 395$ 25$ -$ -$ 370$ -$ -$ -$ -$ -$ -$ 1 Concept Development 210$ 25$ 185$ 2 Database Preparation -$ 9 Public Involvement 185$ 185$ Hours by Task Total Hours Project Principal Project Engineer - Sr. Project Engineer Engineer Designer -Sr. Designer CADD Technician Administrative - - 1 Concept Development Assumptions / Notes 131 - 32 - 87 - - 12 - - - Conduct Site Visits 1 visit 10 5 5 Conceptual Drainage Design 1600' total length of urban shoulder 12 12 Prepare Concept Typical Sections (Concept Level) 6 2 4 Prepare Concept Layout 2 alternatives 64 16 40 8 Prepare TIA Concept Report 22 6 16 Prepare Concept Construction Cost Estimate) 9 1 8 Contribute to Concept Right of Way Cost Estimate 4 4 Internal QA/QC 4 4 Total Hours Project Principal Project Engineer - Sr. Project Engineer Engineer Designer -Sr. Designer CADD Technician Administrative - - 9 Public Involvement Assumptions / Notes 44 - 8 - 24 - - 12 - - - Prepare for, Attend PIOH, Respond to Comments 44 8 24 12 Moreland Altobelli Associates, LLC Total Other Direct Costs Roadway Design It is the Consultant's responsibility to ensure all hours and costs are accounted for in the TOTALS 9/4/2019 3:13 PM Walton Way over Hawks Gully Fee Proposal 2019-09-04.xlsx Rd1 Page 4 of 8 Georgia Department of Transportation COST PROPOSAL Proj. No.: Project:Walton Way over Hawks Gully PI No.: County:Richmond Master Contract:N/A Prime:Moreland Altobelli Associates, LLC Contract Type:Cost Plus Fixed Fee Contract Expiration:N/A Date:15-Aug-2019 ˅ Select Firm from Pulldown, Uses List on Project Tab Fixed Fee %:10%Task Order No:1 Discipline:Hours & Cost Estimate Total Hours Total Cost Total Other Direct Costs Fixed Fee @ Total Labor Cost Direct Labor Cost Indirect Costs (Overhead) @ FCCM @ Phase Description Assumptions / Notes 10% 116.15% 0.11% TOTALS ==> 36 4,735.99$ 185.00$ 413.53$ 4,137.46$ 1,913.16$ 2,222.14$ 2.16$ <<CLICK BUTTON TO LEFT SHOW OR HIDE PHASE SUMMARY Staff Type / Project Hourly Rates / Hours Total Hours Project Principal Project Engineer - Sr. Project Engineer Engineer Designer -Sr. Designer CADD Technician Project Administrator Phase Description $136.49 $86.54 $64.91 $47.26 $30.00 TOTALS ==> 36 - - 12 24 - - - - - - 1 Concept Development 36 - - 12 24 - - - - - - 2 Database Preparation - - - - - - - - - - - 9 Public Involvement - - - - - - - - - - - Phase Level Summary - Other Direct Costs Other Direct Costs Express/Mail /Courier Lodging Meals Mileage Parking Reproduction /Printing Car Rental Phase Description TOTALS ==> 185$ -$ -$ -$ 185$ -$ -$ -$ -$ -$ -$ 1 Concept Development 185$ 185$ 2 Database Preparation -$ 9 Public Involvement -$ Hours by Task Total Hours Project Principal Project Engineer - Sr. Project Engineer Engineer Designer -Sr. Designer CADD Technician Project Administrator - - 1 Concept Development Assumptions / Notes 36 - - 12 24 - - - - - - Site Visit One site visit for two engineers to inspect structure 16 8 8 Prepare Structure Concepts Site Visit Finding and Recommendations Report 20 4 16 - - Moreland Altobelli Associates, LLC Total Other Direct Costs Bridge Design & Hydraulics It is the Consultant's responsibility to ensure all hours and costs are accounted for in the TOTALS 9/4/2019 3:13 PM Walton Way over Hawks Gully Fee Proposal 2019-09-04.xlsx Br1 Page 5 of 8 City of Augusta COST PROPOSAL Proj. No.: Project:Walton Way over Hawks Gully PI No.: County:Richmond Master Contract:N/A Prime:Moreland Altobelli Associates, LLC Contract Type:Cost Plus Fixed Fee Contract Expiration:N/A Date:15-Aug-2019 ˅ Select Firm from Pulldown, Uses List on Project Tab Fixed Fee %:10%Task Order No:1 Discipline:Hours & Cost Estimate Hour Summary by Discipline Total Hours Total Cost Total Other Direct Costs Fixed Fee @ Total Labor Cost Direct Labor Cost Indirect Costs (Overhead) @ FCCM @ Total Hours Envir Analyst History Archaeology Ecology Air Noise Phase Description Assumptions / Notes 10% 116.15% 0.11% Hours Hours Hours Hours Hours Hours TOTALS ==> 64 6,065.99$ 485.00$ 507.12$ 5,073.87$ 2,346.16$ 2,725.06$ 2.65$ 64 36 4 4 20 - - <<CLICK BUTTON TO LEFT SHOW OR HIDE PHASE SUMMARY Staff Type / Project Hourly Rates / Hours Total Hours Envir Analyst - Manager/Lead Envir Analyst - Senior Specialist Envir Analyst - Specialist History - Manager/Lead History - Senior Specialist History - Specialist Archaeology - Manager/Lead Archaeology - Senior Specialist Archaeology - Specialist Ecology - Manager/Lead Ecology - Senior Specialist Ecology - Specialist Air - Manager/Lead Air - Senior Specialist Air - Specialist Noise - Manager/Lead Noise - Senior Specialist Noise - Specialist Phase Description $43.00 $38.00 $31.00 $35.00 $24.04 $24.04 $33.00 $33.00 $20.00 $28.50 $28.50 $25.00 $75.00 $60.00 $51.00 $75.00 $60.00 $51.00 TOTALS ==> 64 36 - - - 4 - 4 - - 20 - - - - - - - - 1 Concept Development 32 4 - - - 4 - 4 - - 20 - - - - - - - - 2 Database Preparation - - - - - - - - - - - - - - - - - - - 9 Public Involvement 32 32 - - - - - - - - - - - - - - - - - Phase Level Summary - Other Direct Costs Other Direct Costs Express/Mail /Courier Lodging Meals Mileage Parking Reproduction /Printing Car Rental Equipment Lab Fees GASF Research Phase Description TOTALS ==> 485$ -$ -$ -$ 185$ -$ -$ -$ -$ -$ 300$ -$ -$ -$ -$ -$ -$ -$ -$ 1 Concept Development 485$ 185$ 300$ 2 Database Preparation -$ 9 Public Involvement -$ Hours by Task Total Hours Envir Analyst - Manager/Lead Envir Analyst - Senior Specialist Envir Analyst - Specialist History - Manager/Lead History - Senior Specialist History - Specialist Archaeology - Manager/Lead Archaeology - Senior Specialist Archaeology - Specialist Ecology - Manager/Lead Ecology - Senior Specialist Ecology - Specialist Air - Manager/Lead Air - Senior Specialist Air - Specialist Noise - Manager/Lead Noise - Senior Specialist Noise - Specialist 1 Concept Development Assumptions 32 4 - - - 4 - 4 - - 20 - - - - - - - - Ecology Assumptions - Field Survey 16 4 12 Resources Survey Report 8 8 PAR Process - Cultural Resources Assumptions - Perform Historic Resources Surveys/Report 8 4 4 9 Public Involvement Assumptions 32 32 - - - - - - - - - - - - - - - - - Prepare for, Lead, Document Public Information Open House 32 32 Moreland Altobelli Associates, LLC Total Other Direct Costs Environmental It is the Consultant's responsibility to ensure all hours and costs are accounted for in the TOTALS 9/4/2019 3:13 PM Walton Way over Hawks Gully Fee Proposal 2019-09-04.xlsx Env1 Page 6 of 8 Georgia Department of Transportation COST PROPOSAL Proj. No.: Project:Walton Way over Hawks Gully PI No.: County:Richmond Master Contract:N/A Prime:Moreland Altobelli Associates, LLC Contract Type:Cost Plus Fixed Fee Contract Expiration:N/A Date:15-Aug-2019 ˅ Select Firm from Pulldown, Uses List on Project Tab Fixed Fee %:10%Task Order No:1 Discipline:Hours & Cost Estimate Total Hours Total Cost Total Other Direct Costs Fixed Fee @ Total Labor Cost Direct Labor Cost Indirect Costs (Overhead) @ FCCM @ Phase Description Assumptions / Notes 10% 116.15% 0.11% TOTALS ==> 102 10,068.81$ 1,020.00$ 822.23$ 8,226.58$ 3,803.97$ 4,418.31$ 4.30$ <<CLICK BUTTON TO LEFT SHOW OR HIDE PHASE SUMMARY Staff Type / Project Hourly Rates / Hours Total Hours Survey Project Manager RLS/ Chief Surveyor/ Manager 2 Person Survey Crew Survey Technician/ CADD Phase Description $55.54 $55.54 $43.39 $28.50 TOTALS ==> 102 5 10 33 54 - - - - - 1 Concept Development - - - - - - - - - - 2 Database Preparation 102 5 10 33 54 - - - - - 9 Public Involvement - - - - - - - - - - Phase Level Summary - Other Direct Costs Other Direct Costs Express/Mail /Courier Lodging Meals Mileage Reproduction /Printing Equipment Phase Description TOTALS ==> 1,020$ -$ 480$ 240$ 300$ -$ -$ -$ -$ -$ 1 Concept Development -$ 2 Database Preparation 1,020$ 480$ 240$ 300$ 9 Public Involvement -$ Hours by Task Total Hours Survey Project Manager Surveyor/ Manager 2 Person Survey Crew Technician/ CADD - - - - - 2 Database Preparation Assumptions / Notes 102 5 10 33 54 - - - - - Survey Control - GPS Control Monuments & Surveys 2 1 1 - Property Database - Tax Map & Deed Research 15 parcels 12 12 Compile Property Owner Information 2 2 Prop.Corner Surveys & CADD/Validate Existing Prop.DB 22 2 4 8 8 Compile Property Package 2 2 - Topographic Surveys - Roadway Profile Surveys & CADD Assume 800' 38 2 2 14 20 Septic Research 8 4 4 Storm Water Survey (structures) 4 2 2 Survey Mobilization 4 4 - Management & Coordination - Quality Control 8 4 4 Total Other Direct Costs Survey Moreland Altobelli Associates, LLC It is the Consultant's responsibility to ensure all hours and costs are accounted for in the TOTALS 9/4/2019 3:13 PM Walton Way over Hawks Gully Fee Proposal 2019-09-04.xlsx Srv1 Page 8 of 8 Request for Qualifications Request for Qualifications will be received at this office until Tuesday, July 9, 2019 @ 3:00 p.m. for furnishing for the Engineering Department: RFQ 19-242 Design and Engineering Services for Highland Avenue Bridge Repair and Restoration over CSX Railroad RFQ 19-243 Design and Engineering Services for Walton Way Over Hawks Gully Bridge Repair and Restoration 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 for RFQ 19-242 will be held on Tuesday, June 18, 2019 @ 10:00 a.m. in the Procurement Department, 535 Telfair Street, Room 605, Augusta, GA 30901. A Mandatory Pre Qualifications Conference for RFQ 19-243 will be held on Tuesday, June 18, 2019 @ 11:00 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 Thursday, June 20, 2019, @ 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 ninety (90) 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 May 23, 30, June 6, 13, 2019 Metro Courier May 23, 2019 OFFICIAL VENDORS Original 7 Copies Attachment B E-Verify Save Form MORELAND ALTOBELLI 2450 COMMERCE AVENUE SUITE 100 DULUTH, GA 30096-8910 Yes Yes Yes 53328 Yes Total Number Specifications Mailed Out: 35 Total Number Specifications Download (Demandstar): 7 Total Electronic Notifications (Demandstar): 107 Mandatory Pre-Qualifications Conference Attendees: 5 Georgia Procurment Registry: 513 Total Number Mailed to Local Vendors: 19 Total packages submitted: 1 Total Noncompliant: 0 RFQ Bid Opening 19-243 Design and Engineering Services for Walton Way Over Hawks Gully Bridge Repair and Restoration for Augusta, GA –Engineering Department RFQ Due: Tuesday, July 9, 2019 @ 3:00 p.m. The following vendors did not submit a Bid Packet: POND & COMPANY 621 NW FRONTAGE ROAD, STE 320 AUGUSTA, GA 30907 HEATH & LINEBACK ENGINEERING 2390 CANTON RD BLDG 200 MARIETTA, GA 30066 CRANSTON ENGINEERING GROUP 452 ELLIS STREET AUGUSTA, GA 30901 CIVIL SERVICES INC 2394 ST. JOHNS BLUFF RD JACKSONVILLE, FL 32246 1 of 1 MORELAND ALTOBELLI 2450 COMMERCE AVENUE SUITE 100 DULUTH, GA 30096-8910 MORELAND ALTOBELLI 2450 COMMERCE AVENUE SUITE 100 DULUTH, GA 30096-8910 Ranking of 0-5 (Enter a number Evaluation Criteria Ranking Points Scale 0 (Low) to 5 (High) 1. Completeness of Response • Package submitted by the deadline • Package is complete (includes requested information as required per this solicitation) • Attachment B is complete, signed and notarized N/A Pass/Fail PASS PASS 2. Qualifications & Experience (0-5)15 5.0 75 3. Organization & Approach (0-5)15 5.0 75 4. Scope of Services • Experience of similar roadway and bridge design projects undertaken (including both design and construction cost) in past ten years, including current projects. • Firms understanding of the scope of services included in the RFQ. (0-5)25 4.5 112.5 5. Workload (0-5)10 5.0 50 6. Financial Stability (0-5)5 5.0 25 7. References (0-5)5 5.0 25 Within Richmond County 5 10 0 Within CSRA 5 6 0 Within Georgia 5 4 5 20 Within SE United States (includes AL, TN, NC, SC, FL) 5 2 0 · All Others 5 1 0 24.5 382.5 9. Presentation by Team (0-5)10 0 10. Q&A Response to Panel Questions (0-5)5 0 Total Phase 2 - (Total Maximum Ranking 10 - Maximum Weighted Total Possible 75) 0 0 24.5 382.5 RFQ Bid Opening 19-243 Design and Engineering Services for Walton Way Over Hawks Gully Bridge Repair and Restoration for Augusta, GA –Engineering Department RFP Evaluation Meeting: Thursday, July 25, 2019 @ 4:00 p.m. Total (Total Possible Score 500) Total (May not Receive Less Than a 3 Ranking in Any Category to be 8. Proximity to Area (only choose 1 line according to location of the company - enter the ranking value for the one line only) Vendors Phase 1 Total - (Total Maximum Ranking 25 - Maximum Weighted Total Possible 425) Phase 1 Weighted Scores Procurement DepartmentRepresentative:____________Nancy Williams_____________________________ Procurement Department Completion Date: ______7/25/19__________________ Phase 2 (Option - Numbers 9-10) (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: __7/25/19 Commission Meeting Agenda 12/3/2019 2:00 PM RFQ 19-243 Walton Way over Hawks Gully-Bridge Repair and Restoration Design and Engineering Services TIA Project RC07-001214/PI#0011416 Department:Engineering Department:Engineering Caption:Approve award of Preliminary Engineering Phase of Design Consultant Contract to Moreland Altobelli in the amount of $46,112.33 for Walton Way over Hawks Gully (Augusta Canal) Bridge (Repair and Restoration), subject to receipt of signed contract as requested by AED. RFQ 19-243 Background:The Walton Way over Hawks Gully (Augusta Canal) Bridge (Repair and Restoration) is a project from the “Approved Investment List” of TIA that was approved by voters of the CSRA in July 31, 2012 referendum. The Walton Way Bridge is a Band 3 project that will begin the existing condition assessment process once approved by the City of Augusta, Georgia Commission. Once existing condition assessment is completed, bridge repair/restoration scope and fee will be developed and engineering design will commence accordingly. The Engineering Department (AED) requested professional services (RFQ) to perform design and field engineering services for this project in June 2019. Analysis:The following firms were evaluated based on qualifications, technical approach, experience, and references in July 2019. The following firms submitted RFQs and were evaluated: 1. Moreland Altobelli & Associates Moreland Altobelli was selected based on the evaluation procedures used for this project. Financial Impact:Funds are available in the TIA project budget. Alternatives:Do not approve and find alternative to complete the project and meet TIA project completion schedule. Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: Project TIA Funds 371-041110/52.12115 (JL TBD) REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Commission Meeting Agenda 12/3/2019 2:00 PM Richmond County TIA Ban 2 Projects Department: Department: Caption:Discuss procurement of Richmond County TIA Ban 2 Projects to meet state law mandated deadline requiring construction to begin by the end of 2019. (Requested by Commissioner Ben Hasan) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 12/3/2019 2:00 PM Clanton Road Swap Department: Department: Caption:Motion to approve the Clanton Road swap with a 12-month warranty. (Requested by Commissioner Brandon Garrett) 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 adopted: Section 1: This project is set up and authorized to CPB#329-041110 to award the preliminary engineering concept phase of the Design Consultant Services Agreement to Pond & Company in the amount of $187,180 for the Walton Way Road (Lake Forrest Dr to Milledge Rd) Safety and Operational Improvements Project. Funds available in the project SPLOST VII Funds. Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. SPLOST Phase VII 187,180$ 187,180$ 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#329-041110 Honorable Hardie Davis, Jr., Mayor CAPITAL PROJECT BUDGET Walton Way for Road Safety and Operational Improvements 1 of 4 11/18/2019 Augusta-Richmond County, Georgia CPB#329-041110 CAPITAL PROJECT BUDGET Walton Way for Road Safety and Operational Improvements CPB AMOUNT CPB NEW SOURCE OF FUNDS CPB ADDITION CPB SPLOST PHASE VII (187,180)$ -$ (187,180)$ 329-041110-5212115 TOTAL SOURCES:(187,180)$ -$ (187,180)$ USE OF FUNDS ENGINEERING 329-041110-5212115 187,180$ -$ 187,180$ TOTAL USES:187,180$ -$ 187,180$ 2 of 4 11/18/2019 to Pond & Company in the amount of $187,180 for the Walton Way Road (Lake Forrest Dr to CPB#329-041110 3 of 4 11/18/2019 CPB#329-041110 4 of 4 11/18/2019 Georgia Department of Transportation COST PROPOSAL SUMMARY Proj. No.:RFQ #19-244 Project:Walton Way Safety & Operational Improvements PI No.:000000 County:Richmond Prime:POND Contract Type:Cost Plus Fixed Fee Date:3-Oct-2019 Fixed Fee %:10% Offeror:POND Master Contract: 3500 Parkway Lane Contract Expiration: Suite 500 Task Order No:N/A Peachtree Corners, GA 30092 Contact:Thomas Ziegler 678.336.7740 Director of Transportation zieglert@pondco.com Contract Office:Office of Program Delivery Contract Action: Contract Type:Lump Sum Task Order Totals Maximum Allowable Cost 187,180.32$ (Prime) Maximum Amount for Fixed Fee 14,337.86$ Provisional Overhead Rate 177.06% Fixed Fee Percentage 10% Minimum DBE Percentage 0.0% 10/20/2019 4:10 PM Walton Way CostProposalSummary_v8.0_2019-10-3.xlsx Cover Page 1 of 27 Georgia Department of Transportation COST PROPOSAL Proj. No.:RFQ #19-244 Project:Walton Way Safety & Operational Improvements PI No.:000000 County:Richmond Master Contract:0 Prime:POND Contract Type:Cost Plus Fixed Fee Contract Expiration: Date:3-Oct-2019 Fixed Fee %:10%Task Order No:N/A Project Team Firms Manage- ment Roadway Design Support Bridge Traffic Environ- mental Survey Aerial Mapping Geotech- nical SUE By GDOT--> By Others--> Not Required--> Prime:POND No X X X X Subs:Sub Firm Name 1 No X Sub Firm Name 2 Yes Sub Firm Name 3 Yes X Sub Firm Name 4 Yes X Sub Firm Name 5 Yes X Sub Firm Name 6 No X Sub Firm Name 7 Yes X Sub Firm Name 8 Yes Sub Firm Name 9 No Firm Involvement 0-Jan-1900 DBE? 10/20/2019 4:10 PM Walton Way CostProposalSummary_v8.0_2019-10-3.xlsx Project Page 2 of 27 Georgia Department of Transportation COST PROPOSAL Proj. No.:RFQ #19-244 Project:Walton Way Safety & Operational Improvements PI No.:000000 County:Richmond Master Contract:0 Prime:POND Contract Type:Cost Plus Fixed Fee Contract Expiration: Date:3-Oct-2019 Fixed Fee %:10%Task Order No:N/A Cost Summary By Phase / Discipline / Firm ˅ Formula Pulls Firm Name from each Discipline Tab Total Fee Prime Firm Name POND Prime Firm Name Sub Firm Name 4 POND Sub Firm Name 3 Sub Firm Name 4 Sub Firm Name 4 Sub Firm Name 5 Sub Firm Name 7 Sub Firm Name 8 Enter discipline provided by firm >>Project Management Roadway Design Design Support Bridge Design & Hydraulics Traffic Operations Environmental Environmental Survey Aerial Mapping Utilities Investigation (SUE) Geotech Lighting Totals 187,180.32$ -$ 116,469.22$ -$ -$ 70,711.10$ -$ -$ -$ -$ -$ -$ -$ -$ 1 Concept Development 116,603.50$ -$ 65,124.79$ -$ -$ 51,478.71$ -$ -$ -$ -$ -$ -$ 2 Database Preparation -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 3 Environmental Document -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 4 Preliminary Plans -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 5 Right of Way Plans -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 6 Final Plans -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 7 Construction Services -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 8 Special Studies -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 9 Public Involvement 70,576.82$ -$ 51,344.43$ -$ -$ 19,232.39$ -$ -$ -$ -$ -$ -$ Fixed Fee 14,337.86$ -$ 8,555.62$ -$ -$ 5,782.24$ -$ -$ -$ -$ -$ -$ Tab Name>>PM1 Rd1 DS1 Br1 Trf1 Env1 Env2 Srv1 Map1 SUE1 OMT1 Lt1 DBE (Yes or No)No Yes No Yes Yes Yes Yes Yes Yes DBE Participation -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ DBE % Contract DBE Goal %0.0% 0-Jan-1900 Phase Phase Description 10/20/2019 4:10 PM Walton Way CostProposalSummary_v8.0_2019-10-3.xlsx Cost Summary Page 3 of 27 Georgia Department of Transportation COST PROPOSAL Proj. No.:RFQ #19-244 Project:Walton Way Safety & Operational Improvements PI No.:000000 County:Richmond Master Contract:0 Prime:POND Contract Type:Cost Plus Fixed Fee Contract Expiration: Date:3-Oct-2019 Fixed Fee %:10%Task Order No:N/A 0-Jan-1900 Prime Firm Name POND Prime Firm Name Sub Firm Name 4 POND Sub Firm Name 3 Sub Firm Name 4 Sub Firm Name 4 Sub Firm Name 5 Sub Firm Name 7 Sub Firm Name 8 Project Management Roadway Design Design Support Bridge Design & Hydraulics Traffic Operations Environmental Environmental Survey Aerial Mapping Utilities Investigation (SUE) Geotech Lighting Totals 926 - 572 - - 354 - - - - - - - - 1 Concept Development 646 - 392 - - 254 - - - - - - 2 Database Preparation - - - - - - - - - - - - 3 Environmental Document - - - - - - - - - - - - 4 Preliminary Plans - - - - - - - - - - - - 5 Right of Way Plans - - - - - - - - - - - - 6 Final Plans - - - - - - - - - - - - 7 Construction Services - - - - - - - - - - - - 8 Special Studies - - - - - - - - - - - - 9 Public Involvement 280 - 180 - - 100 - - - - - - By Phase / Firm Phase Phase Description Total Hours Hours Summary 10/20/2019 4:10 PM Walton Way CostProposalSummary_v8.0_2019-10-3.xlsx Cost Summary Page 4 of 27 Georgia Department of Transportation COST PROPOSAL Proj. No.:RFQ #19-244 Project:Walton Way Safety & Operational Improvements PI No.:000000 County:Richmond Master Contract: Prime:POND Contract Type:Cost Plus Fixed Fee Contract Expiration: Date:3-Oct-2019 ˅ Select Firm from Pulldown, Uses List on Project Tab Fixed Fee %:10%Task Order No:N/A Discipline:Hours & Cost Estimate Total Hours Total Cost Total Other Direct Costs Fixed Fee @ Total Labor Cost Direct Labor Cost Indirect Costs (Overhead) @ FCCM @ Phase Description Assumptions / Notes 10%177.06%0.51% TOTALS ==>572 116,469.22$ 22,200.00$ 8,555.62$ 85,713.60$ 30,880.00$ 54,676.12$ 157.48$ POND Roadway Design It is the Consultant's responsibility to ensure all hours and costs are accounted for in the TOTALS 10/20/2019 4:10 PM Walton Way CostProposalSummary_v8.0_2019-10-3.xlsx Rd1 Page 7 of 27 Georgia Department of Transportation COST PROPOSAL Proj. No.:RFQ #19-244 Project:Walton Way Safety & Operational Improvements PI No.:000000 County:Richmond Master Contract: Prime:POND Contract Type:Cost Plus Fixed Fee Contract Expiration: Date:3-Oct-2019 ˅ Select Firm from Pulldown, Uses List on Project Tab Fixed Fee %:10%Task Order No:N/A Discipline:Hours & Cost Estimate POND Roadway Design <<CLICK BUTTON TO LEFT SHOW OR HIDE PHASE SUMMARY Staff Type / Project Hourly Rates / Hours Total Project Principal Project Manager Sr Engineer Engineer Jr Engineer Technician Clerical Phase Description $95.00 $85.00 $65.00 $40.00 $55.00 $35.00 $25.00 TOTALS ==>572 2 134 128 24 4 280 - - - 1 Concept Development 392 2 90 80 24 4 192 - - - 2 Database Preparation - - - - - - - - - - 3 Environmental Document - - - - - - - - - - 4 Preliminary Plans - - - - - - - - - - 5 Right of Way Plans - - - - - - - - - - 6 Final Plans - - - - - - - - - - 7 Construction Services - - - - - - - - - - 8 Special Studies - - - - - - - - - - 9 Public Involvement 180 - 44 48 - - 88 - - - Phase Level Summary - Other Direct Costs Other Direct Costs Express/Mail /Courier Lodging Meals Mileage Parking Reproduction /Printing Car Rental Public Involvement Sub Phase Description TOTALS ==>22,200$ 200$ -$ -$ 500$ -$ 500$ -$ 21,000$ -$ 1 Concept Development 1,200$ 200$ 500$ 500$ 2 Database Preparation -$ 3 Environmental Document -$ 4 Preliminary Plans -$ 5 Right of Way Plans -$ 6 Final Plans -$ 7 Construction Services -$ 8 Special Studies -$ 9 Public Involvement 21,000$ 21,000$ Total Other Direct Costs 10/20/2019 4:10 PM Walton Way CostProposalSummary_v8.0_2019-10-3.xlsx Rd1 Page 8 of 27 Georgia Department of Transportation COST PROPOSAL Proj. No.:RFQ #19-244 Project:Walton Way Safety & Operational Improvements PI No.:000000 County:Richmond Master Contract: Prime:POND Contract Type:Cost Plus Fixed Fee Contract Expiration: Date:3-Oct-2019 ˅ Select Firm from Pulldown, Uses List on Project Tab Fixed Fee %:10%Task Order No:N/A Discipline:Hours & Cost Estimate POND Roadway Design Hours by Task Total Hours Project Principal Project Manager Sr Engineer Engineer Jr Engineer Technician Clerical - - 1 Concept Development Assumptions / Notes 392 2 90 80 24 4 192 - - - Discipline Management - Coordination Meetings Monthly Meetings, coordiantion with subconsultants, project management activities. Assumes 12 month schedule 50 2 48 Prepare / Contribute to Project Justification Statement review statement 2 2 Coordinate with USACOE (section 408)Assumed not needed - Assist / Coordinate Bridge Type Study Assumed not needed - Information Gathering Prepare/Compile topogrpahic database from City GIS data 42 2 40 Conduct Site Visits 2 visits 16 8 4 4 Prepare Quality Assurance Plan 2 2 Internal Quality Assurance Reviews 4 4 External Peer Review Assumed not needed - Prepare Concept Property Database Assumes approx. 110 parcels 32 4 4 24 Contribute to / Prepare Interchange Modification Report (IMR)Assumed not needed - Contribute to / Prepare Interchange Justification Report (IJR)Assumed not needed - Prepare Highway Safety Manual Analysis Assumed not needed - Prepare Capacity Analysis Reports/ Prepare Traffic Summary Assumed not needed - Assist / Coordinate PES and PTS Reports Assumed not needed - Complete Concept Pavement Design Assumed not needed - Conceptual Drainage Design Drainage assessment 4 4 Prepare Concept Profiles (Concept Level) 16 8 8 Prepare Concept Typical Sections 4 typical sections 6 2 4 Prepare Concept Cross Sections (Concept Level) 20 8 12 Prepare Concept Layout 3 layouts/alternatives 84 8 12 4 60 Prepare PAR Layouts, Attend Meeting Assumed not needed - Prepare Concept Report 48 8 16 16 8 Prepare Design Data Book (design criteria) 2 2 Validate/Revise Concept Layout Assumed not needed - Validate/Revise Concept Report Assumed not needed - Validate/Revise Design Data Book (design criteria)Assumed not needed - Prepare Concept Construction Cost Estimate) #milestones estimates, # annual updated 36 2 14 20 Contribute to Concept Right of Way Cost Estimate Assumes city will provide ROW cost estimates - Prepare for, Attend, Document Initial Concept Team Meeting Assumed not needed - Prepare for, Attend Concept Team Meeting Dry Run Assumed not needed - Prepare for, Attend, Document Concept Team Meeting 28 4 8 16 Provide Materials for Value Engineering Study Assumed not needed - Participate in Value Engineering Study Assumed not needed - Revise Concept Report per VE Study Recommendations Assumed not needed - Coordinate Logical Termini Meetings and Memorandum Assumed not needed - Complete Streets Warrants and Design Memo Assumed not needed - 10/20/2019 4:10 PM Walton Way CostProposalSummary_v8.0_2019-10-3.xlsx Rd1 Page 9 of 27 Georgia Department of Transportation COST PROPOSAL Proj. No.:RFQ #19-244 Project:Walton Way Safety & Operational Improvements PI No.:000000 County:Richmond Master Contract: Prime:POND Contract Type:Cost Plus Fixed Fee Contract Expiration: Date:3-Oct-2019 ˅ Select Firm from Pulldown, Uses List on Project Tab Fixed Fee %:10%Task Order No:N/A Discipline:Hours & Cost Estimate POND Roadway Design - - - - Total Hours Project Principal Project Manager Sr Engineer Engineer Jr Engineer Technician Clerical - - 2 Database Preparation Assumptions / Notes - - - - - - - - - - Discipline Management - Coordination Meetings Assumed not needed - Prepare for / Attend Pre-Survey Meeting Assumed not needed - Roadway QC of Survey Database Assumed not needed - Coordinate submittal for 20% Check Assumed not needed - Enhance Topographic Database for Design Assumed not needed - - Total Hours Project Principal Project Manager Sr Engineer Engineer Jr Engineer Technician Clerical - - 3 Environmental Document Assumptions / Notes - - - - - - - - - - Discipline Management - Coordination Meetings Assumed not needed - Prepare for, participate in A3M Assumed not needed - Agency meetings Assumed not needed - Roadway QC of Environmental Document/Studies Assumed not needed - - Total Hours Project Principal Project Manager Sr Engineer Engineer Jr Engineer Technician Clerical - - 4 Preliminary Plans Assumptions / Notes - - - - - - - - - - Discipline Management - Coordination Meetings Assumed not needed - Coordinate with Adjacent Projects Assumed not needed - Coordinate with USACOE (section 408)Assumed not needed - Coordinate with Railroads Assumed not needed - Prepare RR Submittal Assumed not needed - Prepare ATMS Plans Assumed not needed - Preliminary Relocation Utility Team Meeting Assumed not needed - 1st Utility Plan submission Assumed not needed - Prepare Existing Utility Plans from SUE Database or Utility Co. Markups Assumed not needed - Right of Way/Utility Team meeting Assumed not needed - SUE-Coordinate/attend meeting to confirm test holes based on Utility Impact Analysis (UIA)Assumed not needed - Prepare Preliminary Right of Way and Easements Assumed not needed - Contribute to Updated R/W Cost Estimate Assumed not needed - Coordinate with Traffic Engineer to incorporate Preliminary Signal Plans to Plan Set Assumed not needed - Prepare Signing and Marking Plans Assumed not needed - Prepare Prelim. Erosion, Sed. & Pollution Control Plans: Sections 50,51,53,54,and 55 Assumed not needed - Prepare Sediment Basin Design / Grading Assumed not needed - Prepare Hydrological Studies / FEMA for No Zone/ZoneX/ZoneA Assumed not needed - Prepare Preliminary Drainage Design and Layout Assumed not needed - 10/20/2019 4:10 PM Walton Way CostProposalSummary_v8.0_2019-10-3.xlsx Rd1 Page 10 of 27 Georgia Department of Transportation COST PROPOSAL Proj. No.:RFQ #19-244 Project:Walton Way Safety & Operational Improvements PI No.:000000 County:Richmond Master Contract: Prime:POND Contract Type:Cost Plus Fixed Fee Contract Expiration: Date:3-Oct-2019 ˅ Select Firm from Pulldown, Uses List on Project Tab Fixed Fee %:10%Task Order No:N/A Discipline:Hours & Cost Estimate POND Roadway Design Prepare Preliminary Drainage Profiles/Cross Sections Assumed not needed - Prepare Drainage Area Map Assumed not needed - Prepare Preliminary Bridge Consturction Staging Plan (Section 20)Assumed not needed - Prepare Retaining Wall Locations and Envelopes Assumed not needed - Prepare Noise Walls / Barriers Assumed not needed - Prepare Special Grading Plans (Special Intersections/Roundabout Plans/Ponds)Assumed not needed - External Peer Review Coordination and Revise Plans for Roundabouts Assumed not needed - Update / Maintain Design Notebook Assumed not needed - Prepare Design Exception Report Assumed not needed - Prepare Design Variance Report Assumed not needed - Prepare / Contribute to Landscaping Plans Assumed not needed - Prepare Pavement Designs Assumed not needed - Prepare intersection sight distance study Assumed not needed - Prepare Typical Sections Assumed not needed - Prepare Construction Layout/Stakeout Sheet Assumed not needed - Prepare Corridor Location Map/Aerial Mosaic (New Location)Assumed not needed - Prepare Roadway Plans, Profiles, etc.Assumed not needed - Prepare Roadway Cross-Sections Assumed not needed - Prepare Preliminary Driveway Profiles Assumed not needed - Prepare Preliminary Staging Plans Assumed not needed - Prepare Preliminary Staging Cross Sections (critical cross sections only??)Assumed not needed - Complete Offsite Detour Plans, Prepare and Submit Detour Report Assumed not needed - Prepare Prelim. Earthwork Qtys. by Stage Construction Assumed not needed - Prepare for, Participate in Constructability Review Assumed not needed - Prepare PFPR Plans for Submittal Assumed not needed - Prepare for, Participate in PFPR Assumed not needed - Address PFPR Comments Assumed not needed - Prepare Detailed Construction Cost Estimate Per Milestone and Annual Update Assumed not needed - Prepare Draft Special Provisions Assumed not needed - Prepare Special Construction Details Assumed not needed - Milestones Internal Quality Assurance Reviews Assumed not needed - - - - - - Total Hours Project Principal Project Manager Sr Engineer Engineer Jr Engineer Technician Clerical - - 5 Right of Way Plans Assumptions / Notes - - - - - - - - - - Discipline Management - Coordination Meetings Assumed not needed - Prepare Location and Design Report Assumed not needed - Prepare Right-of-Way Plans Assumed not needed - R/W Plan Review Revisions Assumed not needed - Internal Quality Assurance Reviews Assumed not needed - Preparing Staking and Deed Data Assumed not needed - Revisions during Acquisition Assumed not needed - 10/20/2019 4:10 PM Walton Way CostProposalSummary_v8.0_2019-10-3.xlsx Rd1 Page 11 of 27 Georgia Department of Transportation COST PROPOSAL Proj. No.:RFQ #19-244 Project:Walton Way Safety & Operational Improvements PI No.:000000 County:Richmond Master Contract: Prime:POND Contract Type:Cost Plus Fixed Fee Contract Expiration: Date:3-Oct-2019 ˅ Select Firm from Pulldown, Uses List on Project Tab Fixed Fee %:10%Task Order No:N/A Discipline:Hours & Cost Estimate POND Roadway Design Prepare displays for Propery Owners Meeting Assumed not needed - - - - Total Hours Project Principal Project Manager Sr Engineer Engineer Jr Engineer Technician Clerical - - 6 Final Plans Assumptions / Notes - - - - - - - - - - Discipline Management - Coordination Meetings Assumed not needed - Coordinate with USACOE (section 408)Assumed not needed - Coordinate with Railroads Assumed not needed - Prepare RR submittal Assumed not needed - Coordinate with Utility Companies for Relocations Assumed not needed - 2nd Utility Plan submission Assumed not needed - Supplemental 2nd Utility Plan submission (If applicable)Assumed not needed - Finalize Utility Plans Assumed not needed - Finalize ATMS/ITS Plans and Details Assumed not needed - Prepare TMP Report Assumed not needed - Coordinate with Traffic Engineer to incorporate Final Signal Plans to Plan Set Assumed not needed - Finalize Signing and Marking Plans Assumed not needed - Finalize MS4 Design Assumed not needed - Finalize Erosion, Sed. & Pol. Ctrl. Plans for Staged Constr.Assumed not needed - Prepare / Submit “Lockdown” Plans for Permitting 31 or 38 Weeks Prior to Let, as Appropriate Assumed not needed - Prepare Updated Culvert Plans for USACE permitting Assumed not needed - Prepare Special Design Box Culverts Assumed not needed - Finalize Drainage Design, Profiles, Cross Sections Assumed not needed - Finalize Retaining Wall Locations and Envelopes Assumed not needed - Finalize Noise Wall / Barrier Plans Assumed not needed - Finalize/Validate Pavement Design Assumed not needed - Finalize Special Grading Plans (Special Intersections/Roundabout Plans/Ponds)Assumed not needed - External Peer Review Coordination and Revise Plans for Roundabouts Assumed not needed - Finalize Cover Sheet, Index, General Notes Assumed not needed - Finalize Typical Sections Assumed not needed - Finalize Roadway Plans, Profiles, etc.Assumed not needed - Enhance Proposed Surface for 3D modeling Assumed not needed - Finalize Driveway Profiles Assumed not needed - Finalize Staging Plans and Details Assumed not needed - Finalize Staging Cross-Sections Assumed not needed - Prepare FFPR Plans for Submittal Assumed not needed - Prepare for, Participate in FFPR Assumed not needed - Address / Implement FFPR Comments Assumed not needed - Prepare Corrected FFPR Plans Assumed not needed - Address Final Corrected Plans comments/revisions Assumed not needed - 10/20/2019 4:10 PM Walton Way CostProposalSummary_v8.0_2019-10-3.xlsx Rd1 Page 12 of 27 Georgia Department of Transportation COST PROPOSAL Proj. No.:RFQ #19-244 Project:Walton Way Safety & Operational Improvements PI No.:000000 County:Richmond Master Contract: Prime:POND Contract Type:Cost Plus Fixed Fee Contract Expiration: Date:3-Oct-2019 ˅ Select Firm from Pulldown, Uses List on Project Tab Fixed Fee %:10%Task Order No:N/A Discipline:Hours & Cost Estimate POND Roadway Design Finalize Detailed Construction Quantities, Cost Estimate Per Milestone and Annual Update Assumed not needed - Revise Construction Plans per R/W Acquisition Revisions Assumed not needed - Prepare Special Construction Details Assumed not needed - Prepare Special Provisions Assumed not needed - Prepare / Contribute To Supplemental Specifications Assumed not needed - Prepare Detailed Plan Sheets Assumed not needed - Prepare / Submit Final Plans Assumed not needed - Internal Quality Assurance Reviews Assumed not needed - Revise Plans, Prepare Amendments During Bidding Process Assumed not needed - Revise Erosion Control Plans Based on EPD Comments Assumed not needed - - - - - Total Hours Project Principal Project Manager Sr Engineer Engineer Jr Engineer Technician Clerical - - 7 Construction Services Assumptions / Notes - - - - - - - - - - `Assumed not needed - Answer Design Inquiries after let/prior to construction Assumed not needed - Answer Design Questions during Construction Assumed not needed - Participate in Post-Construction Evaluation Assumed not needed - Revise Plans for Use-On Construction and/or Amendments Assumed not needed - Complete Final Earthwork Coordination Assumed not needed - Preconstruction / Construction Status Update Meetings Assumed not needed - Assist / Prepare 7-day inspection letter Assumed not needed - - - - Total Hours Project Principal Project Manager Sr Engineer Engineer Jr Engineer Technician Clerical - - 8 Special Studies Assumptions / Notes - - - - - - - - - - - - - - - - Total Hours Project Principal Project Manager Sr Engineer Engineer Jr Engineer Technician Clerical - - 9 Public Involvement Assumptions / Notes 180 - 44 48 - - 88 - - - Discipline Management - Coordination Meetings Coordinate all pulblic involvement activiites with PI subconsultant 16 16 Assist with Public Involvement Plan Assumed not needed - Prepare for, Attend PIOH, Respond to Comments Prepare displays and material and attend two (2) Public Meetings 96 16 20 60 Prepare for, Attend PHOH, Respond to Comments Assumed not needed - Assist with Organizing a Citizen's Advisory Committee (CAC)Assumed not needed - 10/20/2019 4:10 PM Walton Way CostProposalSummary_v8.0_2019-10-3.xlsx Rd1 Page 13 of 27 Georgia Department of Transportation COST PROPOSAL Proj. No.:RFQ #19-244 Project:Walton Way Safety & Operational Improvements PI No.:000000 County:Richmond Master Contract: Prime:POND Contract Type:Cost Plus Fixed Fee Contract Expiration: Date:3-Oct-2019 ˅ Select Firm from Pulldown, Uses List on Project Tab Fixed Fee %:10%Task Order No:N/A Discipline:Hours & Cost Estimate POND Roadway Design Plan, Prepare for, Participate in CAC Meetings Assumed not needed - Plan, Prepare for, Conduct Local Government Meetings Assumed not needed - Meetings, Conversations with Individual Property Owners Assumed not needed - Prepare for, Attend, Document Key Stakeholder Meetings Provide support for three (3) stakeholder meetings 48 8 20 20 Prepare for, Attend, Document EJ Community Meetings Assumed not needed - Prepare for, Attend, Document Neighborhood Meetings Assumed not needed - Prepare for, Attend, Document Special Interest Group Meetings Assumed not needed - Prepare for, Attend Detour Meeting, Respond to Comments Assumed not needed - Prepare for, Participate in Charrette Assumed not needed - Prepare 3D Visualizations Assumed not needed - Prepare 3D Animations Assumed not needed - Assist / Manage Project Website Provide material for website 20 4 8 8 - - 10/20/2019 4:10 PM Walton Way CostProposalSummary_v8.0_2019-10-3.xlsx Rd1 Page 14 of 27 Georgia Department of Transportation COST PROPOSAL Proj. No.:RFQ #19-244 PI No.:000000 Prime:POND Date:3-Oct-2019 ˅ Select Firm from Pulldown, Uses List on Project Tab Discipline: Total Hours Phase Description Assumptions / Notes TOTALS ==>572 POND Roadway Design It is the Consultant's responsibility to ensure all hours and costs are accounted for in the TOTALS 10/20/2019 4:10 PM Walton Way CostProposalSummary_v8.0_2019-10-3.xlsx Rd1 Page 15 of 27 Georgia Department of Transportation COST PROPOSAL Proj. No.:RFQ #19-244 PI No.:000000 Prime:POND Date:3-Oct-2019 ˅ Select Firm from Pulldown, Uses List on Project Tab Discipline: POND Roadway Design <<CLICK BUTTON TO LEFT SHOW OR HIDE PHASE SUMMARY Total Phase Description TOTALS ==>572 1 Concept Development 392 2 Database Preparation - 3 Environmental Document - 4 Preliminary Plans - 5 Right of Way Plans - 6 Final Plans - 7 Construction Services - 8 Special Studies - 9 Public Involvement 180 Phase Level Summary - Other Direct Costs Phase Description TOTALS ==>22,200$ 1 Concept Development 1,200$ 2 Database Preparation -$ 3 Environmental Document -$ 4 Preliminary Plans -$ 5 Right of Way Plans -$ 6 Final Plans -$ 7 Construction Services -$ 8 Special Studies -$ 9 Public Involvement 21,000$ Total Other Direct Costs - - - - - - - - - - Vendor Service Right of Way -$ 10/20/2019 4:10 PM Walton Way CostProposalSummary_v8.0_2019-10-3.xlsx Rd1 Page 16 of 27 Georgia Department of Transportation COST PROPOSAL Proj. No.:RFQ #19-244 PI No.:000000 Prime:POND Date:3-Oct-2019 ˅ Select Firm from Pulldown, Uses List on Project Tab Discipline: POND Roadway Design Hours by Task Total Hours 1 Concept Development Assumptions / Notes 392 Discipline Management - Coordination Meetings Monthly Meetings, coordiantion with subconsultants, project management activities. Assumes 12 month schedule 50 Prepare / Contribute to Project Justification Statement review statement 2 Coordinate with USACOE (section 408)Assumed not needed - Assist / Coordinate Bridge Type Study Assumed not needed - Information Gathering Prepare/Compile topogrpahic database from City GIS data 42 Conduct Site Visits 2 visits 16 Prepare Quality Assurance Plan 2 Internal Quality Assurance Reviews 4 External Peer Review Assumed not needed - Prepare Concept Property Database Assumes approx. 110 parcels 32 Contribute to / Prepare Interchange Modification Report (IMR)Assumed not needed - Contribute to / Prepare Interchange Justification Report (IJR)Assumed not needed - Prepare Highway Safety Manual Analysis Assumed not needed - Prepare Capacity Analysis Reports/ Prepare Traffic Summary Assumed not needed - Assist / Coordinate PES and PTS Reports Assumed not needed - Complete Concept Pavement Design Assumed not needed - Conceptual Drainage Design Drainage assessment 4 Prepare Concept Profiles (Concept Level) 16 Prepare Concept Typical Sections 4 typical sections 6 Prepare Concept Cross Sections (Concept Level) 20 Prepare Concept Layout 3 layouts/alternatives 84 Prepare PAR Layouts, Attend Meeting Assumed not needed - Prepare Concept Report 48 Prepare Design Data Book (design criteria) 2 Validate/Revise Concept Layout Assumed not needed - Validate/Revise Concept Report Assumed not needed - Validate/Revise Design Data Book (design criteria)Assumed not needed - Prepare Concept Construction Cost Estimate) #milestones estimates, # annual updated 36 Contribute to Concept Right of Way Cost Estimate Assumes city will provide ROW cost estimates - Prepare for, Attend, Document Initial Concept Team Meeting Assumed not needed - Prepare for, Attend Concept Team Meeting Dry Run Assumed not needed - Prepare for, Attend, Document Concept Team Meeting 28 Provide Materials for Value Engineering Study Assumed not needed - Participate in Value Engineering Study Assumed not needed - Revise Concept Report per VE Study Recommendations Assumed not needed - Coordinate Logical Termini Meetings and Memorandum Assumed not needed - Complete Streets Warrants and Design Memo Assumed not needed - - - 10/20/2019 4:10 PM Walton Way CostProposalSummary_v8.0_2019-10-3.xlsx Rd1 Page 17 of 27 Georgia Department of Transportation COST PROPOSAL Proj. No.:RFQ #19-244 PI No.:000000 Prime:POND Date:3-Oct-2019 ˅ Select Firm from Pulldown, Uses List on Project Tab Discipline: POND Roadway Design - - - - Total Hours 2 Database Preparation Assumptions / Notes - Discipline Management - Coordination Meetings Assumed not needed - Prepare for / Attend Pre-Survey Meeting Assumed not needed - Roadway QC of Survey Database Assumed not needed - Coordinate submittal for 20% Check Assumed not needed - Enhance Topographic Database for Design Assumed not needed - - Total Hours 3 Environmental Document Assumptions / Notes - Discipline Management - Coordination Meetings Assumed not needed - Prepare for, participate in A3M Assumed not needed - Agency meetings Assumed not needed - Roadway QC of Environmental Document/Studies Assumed not needed - - Total Hours 4 Preliminary Plans Assumptions / Notes - Discipline Management - Coordination Meetings Assumed not needed - Coordinate with Adjacent Projects Assumed not needed - Coordinate with USACOE (section 408)Assumed not needed - Coordinate with Railroads Assumed not needed - Prepare RR Submittal Assumed not needed - Prepare ATMS Plans Assumed not needed - Preliminary Relocation Utility Team Meeting Assumed not needed - 1st Utility Plan submission Assumed not needed - Prepare Existing Utility Plans from SUE Database or Utility Co. Markups Assumed not needed - Right of Way/Utility Team meeting Assumed not needed - SUE-Coordinate/attend meeting to confirm test holes based on Utility Impact Analysis (UIA)Assumed not needed - Prepare Preliminary Right of Way and Easements Assumed not needed - Contribute to Updated R/W Cost Estimate Assumed not needed - Coordinate with Traffic Engineer to incorporate Preliminary Signal Plans to Plan Set Assumed not needed - Prepare Signing and Marking Plans Assumed not needed - Prepare Prelim. Erosion, Sed. & Pollution Control Plans: Sections 50,51,53,54,and 55 Assumed not needed - Prepare Sediment Basin Design / Grading Assumed not needed - Prepare Hydrological Studies / FEMA for No Zone/ZoneX/ZoneA Assumed not needed - Prepare Preliminary Drainage Design and Layout Assumed not needed - - - - - - - 10/20/2019 4:10 PM Walton Way CostProposalSummary_v8.0_2019-10-3.xlsx Rd1 Page 18 of 27 Georgia Department of Transportation COST PROPOSAL Proj. No.:RFQ #19-244 PI No.:000000 Prime:POND Date:3-Oct-2019 ˅ Select Firm from Pulldown, Uses List on Project Tab Discipline: POND Roadway Design Prepare Preliminary Drainage Profiles/Cross Sections Assumed not needed - Prepare Drainage Area Map Assumed not needed - Prepare Preliminary Bridge Consturction Staging Plan (Section 20)Assumed not needed - Prepare Retaining Wall Locations and Envelopes Assumed not needed - Prepare Noise Walls / Barriers Assumed not needed - Prepare Special Grading Plans (Special Intersections/Roundabout Plans/Ponds)Assumed not needed - External Peer Review Coordination and Revise Plans for Roundabouts Assumed not needed - Update / Maintain Design Notebook Assumed not needed - Prepare Design Exception Report Assumed not needed - Prepare Design Variance Report Assumed not needed - Prepare / Contribute to Landscaping Plans Assumed not needed - Prepare Pavement Designs Assumed not needed - Prepare intersection sight distance study Assumed not needed - Prepare Typical Sections Assumed not needed - Prepare Construction Layout/Stakeout Sheet Assumed not needed - Prepare Corridor Location Map/Aerial Mosaic (New Location)Assumed not needed - Prepare Roadway Plans, Profiles, etc.Assumed not needed - Prepare Roadway Cross-Sections Assumed not needed - Prepare Preliminary Driveway Profiles Assumed not needed - Prepare Preliminary Staging Plans Assumed not needed - Prepare Preliminary Staging Cross Sections (critical cross sections only??)Assumed not needed - Complete Offsite Detour Plans, Prepare and Submit Detour Report Assumed not needed - Prepare Prelim. Earthwork Qtys. by Stage Construction Assumed not needed - Prepare for, Participate in Constructability Review Assumed not needed - Prepare PFPR Plans for Submittal Assumed not needed - Prepare for, Participate in PFPR Assumed not needed - Address PFPR Comments Assumed not needed - Prepare Detailed Construction Cost Estimate Per Milestone and Annual Update Assumed not needed - Prepare Draft Special Provisions Assumed not needed - Prepare Special Construction Details Assumed not needed - Milestones Internal Quality Assurance Reviews Assumed not needed - - - - - - Total Hours 5 Right of Way Plans Assumptions / Notes - Discipline Management - Coordination Meetings Assumed not needed - Prepare Location and Design Report Assumed not needed - Prepare Right-of-Way Plans Assumed not needed - R/W Plan Review Revisions Assumed not needed - Internal Quality Assurance Reviews Assumed not needed - Preparing Staking and Deed Data Assumed not needed - Revisions during Acquisition Assumed not needed - - - 10/20/2019 4:10 PM Walton Way CostProposalSummary_v8.0_2019-10-3.xlsx Rd1 Page 19 of 27 Georgia Department of Transportation COST PROPOSAL Proj. No.:RFQ #19-244 PI No.:000000 Prime:POND Date:3-Oct-2019 ˅ Select Firm from Pulldown, Uses List on Project Tab Discipline: POND Roadway Design Prepare displays for Propery Owners Meeting Assumed not needed - - - - Total Hours 6 Final Plans Assumptions / Notes - Discipline Management - Coordination Meetings Assumed not needed - Coordinate with USACOE (section 408)Assumed not needed - Coordinate with Railroads Assumed not needed - Prepare RR submittal Assumed not needed - Coordinate with Utility Companies for Relocations Assumed not needed - 2nd Utility Plan submission Assumed not needed - Supplemental 2nd Utility Plan submission (If applicable)Assumed not needed - Finalize Utility Plans Assumed not needed - Finalize ATMS/ITS Plans and Details Assumed not needed - Prepare TMP Report Assumed not needed - Coordinate with Traffic Engineer to incorporate Final Signal Plans to Plan Set Assumed not needed - Finalize Signing and Marking Plans Assumed not needed - Finalize MS4 Design Assumed not needed - Finalize Erosion, Sed. & Pol. Ctrl. Plans for Staged Constr.Assumed not needed - Prepare / Submit “Lockdown” Plans for Permitting 31 or 38 Weeks Prior to Let, as Appropriate Assumed not needed - Prepare Updated Culvert Plans for USACE permitting Assumed not needed - Prepare Special Design Box Culverts Assumed not needed - Finalize Drainage Design, Profiles, Cross Sections Assumed not needed - Finalize Retaining Wall Locations and Envelopes Assumed not needed - Finalize Noise Wall / Barrier Plans Assumed not needed - Finalize/Validate Pavement Design Assumed not needed - Finalize Special Grading Plans (Special Intersections/Roundabout Plans/Ponds)Assumed not needed - External Peer Review Coordination and Revise Plans for Roundabouts Assumed not needed - Finalize Cover Sheet, Index, General Notes Assumed not needed - Finalize Typical Sections Assumed not needed - Finalize Roadway Plans, Profiles, etc.Assumed not needed - Enhance Proposed Surface for 3D modeling Assumed not needed - Finalize Driveway Profiles Assumed not needed - Finalize Staging Plans and Details Assumed not needed - Finalize Staging Cross-Sections Assumed not needed - Prepare FFPR Plans for Submittal Assumed not needed - Prepare for, Participate in FFPR Assumed not needed - Address / Implement FFPR Comments Assumed not needed - Prepare Corrected FFPR Plans Assumed not needed - Address Final Corrected Plans comments/revisions Assumed not needed - - - 10/20/2019 4:10 PM Walton Way CostProposalSummary_v8.0_2019-10-3.xlsx Rd1 Page 20 of 27 Georgia Department of Transportation COST PROPOSAL Proj. No.:RFQ #19-244 PI No.:000000 Prime:POND Date:3-Oct-2019 ˅ Select Firm from Pulldown, Uses List on Project Tab Discipline: POND Roadway Design Finalize Detailed Construction Quantities, Cost Estimate Per Milestone and Annual Update Assumed not needed - Revise Construction Plans per R/W Acquisition Revisions Assumed not needed - Prepare Special Construction Details Assumed not needed - Prepare Special Provisions Assumed not needed - Prepare / Contribute To Supplemental Specifications Assumed not needed - Prepare Detailed Plan Sheets Assumed not needed - Prepare / Submit Final Plans Assumed not needed - Internal Quality Assurance Reviews Assumed not needed - Revise Plans, Prepare Amendments During Bidding Process Assumed not needed - Revise Erosion Control Plans Based on EPD Comments Assumed not needed - - - - - Total Hours 7 Construction Services Assumptions / Notes - `Assumed not needed - Answer Design Inquiries after let/prior to construction Assumed not needed - Answer Design Questions during Construction Assumed not needed - Participate in Post-Construction Evaluation Assumed not needed - Revise Plans for Use-On Construction and/or Amendments Assumed not needed - Complete Final Earthwork Coordination Assumed not needed - Preconstruction / Construction Status Update Meetings Assumed not needed - Assist / Prepare 7-day inspection letter Assumed not needed - - - - Total Hours 8 Special Studies Assumptions / Notes - - - - - - - Total Hours 9 Public Involvement Assumptions / Notes 180 Discipline Management - Coordination Meetings Coordinate all pulblic involvement activiites with PI subconsultant 16 Assist with Public Involvement Plan Assumed not needed - Prepare for, Attend PIOH, Respond to Comments Prepare displays and material and attend two (2) Public Meetings 96 Prepare for, Attend PHOH, Respond to Comments Assumed not needed - Assist with Organizing a Citizen's Advisory Committee (CAC)Assumed not needed - - - - - - - 10/20/2019 4:10 PM Walton Way CostProposalSummary_v8.0_2019-10-3.xlsx Rd1 Page 21 of 27 Georgia Department of Transportation COST PROPOSAL Proj. No.:RFQ #19-244 PI No.:000000 Prime:POND Date:3-Oct-2019 ˅ Select Firm from Pulldown, Uses List on Project Tab Discipline: POND Roadway Design Plan, Prepare for, Participate in CAC Meetings Assumed not needed - Plan, Prepare for, Conduct Local Government Meetings Assumed not needed - Meetings, Conversations with Individual Property Owners Assumed not needed - Prepare for, Attend, Document Key Stakeholder Meetings Provide support for three (3) stakeholder meetings 48 Prepare for, Attend, Document EJ Community Meetings Assumed not needed - Prepare for, Attend, Document Neighborhood Meetings Assumed not needed - Prepare for, Attend, Document Special Interest Group Meetings Assumed not needed - Prepare for, Attend Detour Meeting, Respond to Comments Assumed not needed - Prepare for, Participate in Charrette Assumed not needed - Prepare 3D Visualizations Assumed not needed - Prepare 3D Animations Assumed not needed - Assist / Manage Project Website Provide material for website 20 - - 10/20/2019 4:10 PM Walton Way CostProposalSummary_v8.0_2019-10-3.xlsx Rd1 Page 22 of 27 Georgia Department of Transportation COST PROPOSAL Proj. No.:RFQ #19-244 Project:Walton Way Safety & Operational Improvements PI No.:000000 County:Richmond Master Contract: Prime:POND Contract Type:Cost Plus Fixed Fee Contract Expiration: Date:3-Oct-2019 ˅ Select Firm from Pulldown, Uses List on Project Tab Fixed Fee %:10%Task Order No:N/A Discipline:Hours & Cost Estimate Total Hours Total Cost Total Other Direct Costs Fixed Fee @ Total Labor Cost Direct Labor Cost Indirect Costs (Overhead) @ FCCM @ Phase Description Assumptions / Notes 10%177.06%0.51% TOTALS ==>354 70,711.10$ 7,000.00$ 5,782.24$ 57,928.86$ 20,870.00$ 36,952.42$ 106.44$ POND Traffic Operations It is the Consultant's responsibility to ensure all hours and costs are accounted for in the TOTALS 10/20/2019 4:10 PM Walton Way CostProposalSummary_v8.0_2019-10-3.xlsx Trf1 Page 23 of 27 Georgia Department of Transportation COST PROPOSAL Proj. No.:RFQ #19-244 Project:Walton Way Safety & Operational Improvements PI No.:000000 County:Richmond Master Contract: Prime:POND Contract Type:Cost Plus Fixed Fee Contract Expiration: Date:3-Oct-2019 ˅ Select Firm from Pulldown, Uses List on Project Tab Fixed Fee %:10%Task Order No:N/A Discipline:Hours & Cost Estimate POND Traffic Operations <<CLICK BUTTON TO LEFT SHOW OR HIDE PHASE SUMMARY Staff Type / Project Hourly Rates / Hours Total Hours Project Principal Project Manager Sr Traffic Engineer Engineer Jr Engineer Technician Clerical Phase Description $95.00 $85.00 $75.00 $60.00 $55.00 $35.00 $25.00 TOTALS ==>354 - 4 104 - 206 40 - - - - 1 Concept Development 254 - 4 64 - 146 40 - - - - 2 Database Preparation - - - - - - - - - - - 3 Environmental Document - - - - - - - - - - - 4 Preliminary Plans - - - - - - - - - - - 5 Right of Way Plans - - - - - - - - - - - 6 Final Plans - - - - - - - - - - - 7 Construction Services - - - - - - - - - - - 8 Special Studies - - - - - - - - - - - 9 Public Involvement 100 - - 40 - 60 - - - - - Phase Level Summary - Other Direct Costs Other Direct Costs Express/Mail /Courier Lodging Meals Mileage Parking Reproduction /Printing Car Rental Traffic Counts Phase Description TOTALS ==>7,000$ -$ -$ -$ 1,000$ -$ -$ -$ 6,000$ -$ -$ 1 Concept Development 7,000$ 1,000$ 6,000$ 2 Database Preparation -$ 3 Environmental Document -$ 4 Preliminary Plans -$ 5 Right of Way Plans -$ 6 Final Plans -$ 7 Construction Services -$ 8 Special Studies -$ 9 Public Involvement -$ Total Other Direct Costs 10/20/2019 4:10 PM Walton Way CostProposalSummary_v8.0_2019-10-3.xlsx Trf1 Page 24 of 27 Georgia Department of Transportation COST PROPOSAL Proj. No.:RFQ #19-244 Project:Walton Way Safety & Operational Improvements PI No.:000000 County:Richmond Master Contract: Prime:POND Contract Type:Cost Plus Fixed Fee Contract Expiration: Date:3-Oct-2019 ˅ Select Firm from Pulldown, Uses List on Project Tab Fixed Fee %:10%Task Order No:N/A Discipline:Hours & Cost Estimate POND Traffic Operations Hours by Task Total Hours Project Principal Project Manager Sr Traffic Engineer Engineer Jr Engineer Technician Clerical - - 1 Concept Development Assumptions / Notes 254 - 4 64 - 146 40 - - - - Office of Planning - Discipline Management & Coordination 20 4 16 Establish growth rates for Traffic Forecast 20 4 16 Obtain Traffic Counts 10 10 Prepare Traffic Projections Methodolgy report Assumed not needed - Prepare Design Traffic, Including Diagrams 62 2 20 40 Internal Quality Assurance Reviews 8 4 4 - Office of Traffic Operations - Discipline Management & Coordination Assumed not needed - Prepare Crash Rates 8 8 Perform Detailed Crash Analysis 26 6 20 Prepare Traffic Engineering Study Assumes evaluation of multiple improvement alternatives. Assumes we will not perform GDOT ICE evaluation 80 20 60 Prepare conceptual signal drawing Assumes all concepts prepared by roadway group - Prepare conceptual signal cost estimate Assumes all cost estimates prepared by roadway group - Attend Initial Concept Team Meeting Assumed not needed - Attend Concept Team Meeting 16 8 8 Internal Quality Assurance Reviews 4 4 - - - Total Hours Project Principal Project Manager Sr Traffic Engineer Engineer Jr Engineer Technician Clerical - - 2 Database Preparation Assumptions / Notes - - - - - - - - - - - - - Total Hours Project Principal Project Manager Sr Traffic Engineer Engineer Jr Engineer Technician Clerical - - 3 Environmental Document Assumptions / Notes - - - - - - - - - - - - - Total Hours Project Principal Project Manager Sr Traffic Engineer Engineer Jr Engineer Technician Clerical - - 4 Preliminary Plans Assumptions / Notes - - - - - - - - - - - Office of Traffic Operations - Discipline Management & Coordination Assumed not needed - Prepare Preliminary Signing & Marking Plans - Signal Upgrade Projects Only Assumed not needed - Prepare 50% Signal Plans and Review with Traffic Opeations Assumed not needed - Complete Preliminary Signal Plans Assumed not needed - Prepare Preliminary Signal Communication Plans Assumed not needed - Prepare Preliminary ATMS/ITS Plans Assumed not needed - 10/20/2019 4:10 PM Walton Way CostProposalSummary_v8.0_2019-10-3.xlsx Trf1 Page 25 of 27 Georgia Department of Transportation COST PROPOSAL Proj. No.:RFQ #19-244 Project:Walton Way Safety & Operational Improvements PI No.:000000 County:Richmond Master Contract: Prime:POND Contract Type:Cost Plus Fixed Fee Contract Expiration: Date:3-Oct-2019 ˅ Select Firm from Pulldown, Uses List on Project Tab Fixed Fee %:10%Task Order No:N/A Discipline:Hours & Cost Estimate POND Traffic Operations Signal Plan quanitities in CES Assumed not needed - Prepare for, Participate in PFPR Assumed not needed - Respond to PFPR Comments Assumed not needed - Internal Quality Assurance Reviews Assumed not needed - - - Total Hours Project Principal Project Manager Sr Traffic Engineer Engineer Jr Engineer Technician Clerical - - 5 Right of Way Plans Assumptions / Notes - - - - - - - - - - - Note: Use Rd tab(s) for Limited Scope Signal or ITS-only projects Assumed not needed - - Total Hours Project Principal Project Manager Sr Traffic Engineer Engineer Jr Engineer Technician Clerical - - 6 Final Plans Assumptions / Notes - - - - - - - - - - - Office of Planning - Discipline Management & Coordination Assumed not needed - Obtain Traffic Counts Assumed not needed - Update Design Traffic Diagrams Assumed not needed - Prepare Memo, Submit for Approval Assumed not needed - Internal Quality Assurance Reviews Assumed not needed - - Office of Traffic Operations - Discipline Management & Coordination Assumed not needed - Finalize Signal Plans (PFPR Corrections)Assumed not needed - Finalize Signal Communication Plans (PFPR Corrections)Assumed not needed - Finalize ATMS/ITS Plans and Details (PFPR Corrections)Assumed not needed - Finalize Detailed Construction Quantities, Cost Estimate Assumed not needed - Prepare for, Participate in FFPR Assumed not needed - Respond to FFPR Comments Assumed not needed - Correct FFPR plans and submit Assumed not needed - PS&E Submittal Assumed not needed - Address comments prior to letting Assumed not needed - Internal Quality Assurance Reviews Assumed not needed - - - - Total Hours Project Principal Project Manager Sr Traffic Engineer Engineer Jr Engineer Technician Clerical - - 7 Construction Services Assumptions / Notes - - - - - - - - - - - - - - - - Total Hours Project Principal Project Manager Sr Traffic Engineer Engineer Jr Engineer Technician Clerical - - 8 Special Studies Assumptions / Notes - - - - - - - - - - - Prepare Interchange Modification Report (IMR) - Prepare Interchange Justification Report (IJR) - - - Total Hours Project Principal Project Manager Sr Traffic Engineer Engineer Jr Engineer Technician Clerical - - 10/20/2019 4:10 PM Walton Way CostProposalSummary_v8.0_2019-10-3.xlsx Trf1 Page 26 of 27 Georgia Department of Transportation COST PROPOSAL Proj. No.:RFQ #19-244 Project:Walton Way Safety & Operational Improvements PI No.:000000 County:Richmond Master Contract: Prime:POND Contract Type:Cost Plus Fixed Fee Contract Expiration: Date:3-Oct-2019 ˅ Select Firm from Pulldown, Uses List on Project Tab Fixed Fee %:10%Task Order No:N/A Discipline:Hours & Cost Estimate POND Traffic Operations 9 Public Involvement Assumptions / Notes 100 - - 40 - 60 - - - - - Office of Traffic Operations - Discipline Management & Coordination Assumed not needed - Prepare for, Attend PIOH, Respond to Comments Prepare displays and material and attend two (2) Public Meetings 36 16 20 Prepare for, Attend PHOH, Respond to Comments Assumed not needed - Prepare for, Participate in CAC Meetings Assumed not needed - Prepare for, Attend Local Government Meetings Assumed not needed - Prepare for, Attend Key Stakeholder Meetings Prepare displays and material and attend 3 Stakeholder Meetings 56 16 40 Prepare for, Attend EJ Community Meetings Assumed not needed - Prepare for, Attend Neighborhood Meetings Assumed not needed - Prepare for, Attend Special Interest Group Meetings Assumed not needed - Assist / Manage Project Website Provide material and data for online surveys and website 8 8 - Office of Design Policy & Support - Discipline Management & Coordination - Prepare visualization/simulation of traffic - - - 10/20/2019 4:10 PM Walton Way CostProposalSummary_v8.0_2019-10-3.xlsx Trf1 Page 27 of 27 Design and Engineering Services for Walton Way Safety and Operational Improvements Project (Lake Forest Dr. to Milledge Rd) Scope of Work 10/3/2019 Scope Description: The scope of services detailed below are those services associated with the Concept Development (Phase 1) phase of the Design and Engineering Services for Walton Way Safety and Operation Improvements Project. The purpose of the Concept Development phase is to define which specific improvements are necessary to address the safety and operational needs of the Walton Way corridor. The analysis and tasks required to identify corridor deficiencies and identity the most effective improvements include, but are not limited to: traffic and operational studies, detailed accident analyses, determination of corridor deficiencies, identification and development of improvement alternatives, stakeholder and public outreach, social and economic considerations, utility considerations, right-of-way impacts, project costs, etc. The result of the Concept Development phase is a Concept Report that details the proposed improvements proposed for the study corridor with concept level engineering, construction, ROW, and utility cost estimates. Fee: Lump sum $187,180. Please see the attached GDOT fee estimate spreadsheet for manhour details and assumptions. Scope of Services: Concept Development: Roadway • Site visits • Prepare concept property database (GIS based) • Compile/enhance concept topographic database for concept development (GIS based) • Prepare conceptual roadway and intersection layouts • Prepare concept typical sections • Prepare concept cross sections • Identification of major utility conflicts • Prepare concept construction cost estimate • Work with City to develop concept right of way cost estimate (if needed) • Conceptual drainage analysis • Prepare Concept Report • Prepare for and Attend Concept Team Meeting Concept Development: Traffic • Site Visits • Perform crash analysis • Traffic Counts Design and Engineering Services for Walton Way Safety and Operational Improvements Project (Lake Forest Dr. to Milledge Rd) Scope of Work 10/3/2019 • Prepare traffic forecasts/traffic flow diagrams • Prepare traffic analysis (existing conditions and improvement alternatives) • Prepare traffic engineering report • Prepare for and attend concept team meeting Stakeholder & Public Outreach • Develop Stakeholder & Public Outreach Plan • Identify corridor stakeholders, develop stakeholder contact database • Organize, prepare for, and attend up to three (3) stakeholder meetings • Organize, prepare for, and addend up to two (2) public meetings • Maintain online presence (website (hosted by City), online surveys) Stakeholder & Public Outreach - Roadway • Prepare displays and material and attend three (3) Stakeholder Meetings • Prepare displays and material and attend two (2) Public Meetings Stakeholder & Public Outreach - Traffic • Prepare displays and material and attend three (3) Stakeholder Meetings • Prepare displays and material and attend two (2) Public Meetings Schedule: See attached schedule Request for Qualifications Request for Qualifications will be received at this office until Thursday, July 25, 2019 @ 11:00 a.m. for furnishing for the Engineering Department: RFQ 19-244 Design and Engineering Services for Walton Way Safety and Operational Improvements Project (Lake Forest Dr. to Milledge Rd) RFQ 19-247 Design and Engineering Services for Monte Sano Avenue Improvements Project (Wrightsboro Rd. to Walton Way) 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 for RFQ 19-244 will be held on Wednesday, July 10, 2019 @ 10:00 a.m. in the Procurement Department, 535 Telfair Street, Room 605, Augusta, GA 30901. A Mandatory Pre Qualifications Conference for RFQ 19-247 will be held on Wednesday, July 10, 2019 @ 11:00 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 Thursday, July 11, 2019, @ 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 ninety (90) 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 June 6, 13, 20, 27, 2019 Metro Courier June 6, 2019 Mandatory Pre-Qualifications Conference Sign-In-Sheet RFQ Item #19-244 Design and Engineering Services for Walton Way Safety and Operational Improvements Project (Lake Forest Drive to Milledge RD For Augusta, GA -Engineering Department 1 � 'h Wednesday, July 10, 2019@ 10:00 a.m. J _JPLEASE PRINT NAME COMPANY/DEPT. 2.Tabitha Daniels I Procurement 3.Nan�ilUainv /? 1.)'toq.rfement /' II/'-""'" \,./ %" ,� 4.Tywanna Scott I Procurement 5.K-wivt erj l(. I 6.�r,·l( 7. Ha 1N11t\Nr" lv ,,J KYtF' 1iTM-) K,w\lty-Hoot. Be. 'le !5-C h GMC ADDRESS/CITY/STATE/ ZIP CODE 535 Telfair Street,Suite 605 Augusta, GA 30901 I 535 Telfair Street,Suite 605 Augusta, GA 30901 I 535 Telfair Street,Suite 605 I Augusta, GA 30901 I 535 Telfair Street,Suite 605 Augusta, GA 30901 TELEPHONE NUMBER 706-821-2423 1706-821-4251 706-821-2888 706-821-2355 I 1rso_ e ... uO>\tS . � ,'Tl-m-3.,,0Sn',t £,oJ -, Sv,it' :).S P'tlldAfHt eo, .. u), 'A ,a 2.. u,e>S-f3rt-•qd �I.78'� 722. t/ll'f �vr +e... zeu:> Av.s"$1c;,, 1,.I ��, J"f�O U(l� �. �.z.s1.,09'f FAX NUMBER 706-821-2811 1706-821-2811 706-821-2811 706-821-2811 NIA 7N 72.� �Z.11 N/A A-,,�1 C-tt lot"I f'(S. 1S'f 5. 11 Zl ft ' EMAIL procbidandcontract@augustaga.gov I procbidandcontract@augustaga.gov procbidandcontract@augustaga.gov procbidandcontract@augustaga.gov r,wi� �f.r�lt f kiwM \cy-\'\o,t ., e. �vvtntuAun � h:ne-c.h. c:o Jt'ttF-7trw.S P {Hlll(Nl';W 4#- Prime/Sub I Pr,tt1(_ • Mandatory Pre-Qualifications Conference Sign-In-Sheet RFQ Item #19-244 Design and Engineering Services for Walton Way Safety and Operational Improvements Project (Lake Forest Drive to Milledge RD For Augusta, GA -Engineering Department Wednesday, July 10, 2019@10:00 a.m. � �PLEASE PRINT � 1J NAME COMPANY/DEPT ADDRESS/CITY/STATE/ TELEPHONE FAX NUMBE . ZIP CODE NUMBER R EMAIL Pnme/Sub s.�mda� &��Mf\ls �Y�t;+.10'-4/4u16� rh�� � �atq �¢1'-6A�o1 etj*C.�fllW\ 9.��L �.,_t..\..\ \.?� �\.\..,q0 ���&._u�> ,_--:::,,.o -Lf.r�,...�M.orrt-U� � P::,-t.,\\ ���C> I !;\,.,l� l.\.:)A "' vu.,,;;.�U\<\"""\ �et Mc_O...M.� -�O<<',t,\,\?:,od\_ ,-,.---=r ?;" o,...L:.\...u. ' Lo""- 10.� l'C)Q,.A-Nc;."t'l)� 4"57-�lS-,-=.,r-'1-oes,, 12 'Z. lSI&d"'-\i \\'SP e.-pa.,�€ M'-L-LS �'1J�r"1G-, �. G,A �o Cl""o.11\S.'9"\�-""' ,.,._ 11.YV"H>" I<-.'$ OU S u+fo" 6'-c.k.,, D (;, 1 i rn hr1nSc:> e, 11-'t.J?Jri) C P, /_ 5vdE:, / '>o r. 31 B - l fJ'J C.Pt...-r;, "' Pr I�r,, <> ect-" . c.�,,,. .. .! CJt 11,d � � • G-A '3 oo t l 12.ll,�'-'IN -p N�0'21 NW f"',...� IU ftJ 71' 41:;7 67'1 1,, Slc.inv-.u-k@ Sl(..1.N tlE (2-_O SM:l� :, '2-o O '-t ii 7 7 L-f t; A I f' A�v-1.-b-, GA �o,o7 r 01'1tl e-o. e.""- 13.Joa.,�4-�S T4£c...��•j2. .5� ,o<o ii...'-f ,O<;., ;� Ji J. d\�tl�� L [ L "�'°"� ,\�<to# s,27 '"-ii?<\ ��,.,c;�o '-p .c.,oM.. 14.1'-1C\.rp,te.s 4-5 � WMJ<e► SJ-. S.J.,lt, (?ot_) �s+ -t:t+'tl VIA-""JO.Cobs@J 0-.(, eb5 It� �,4-ne,(,r��s:br.,' C. ,1 �o,a f �. � �!ltftlt;, ctL1Jj Ob �1� 535 7JJkul'&-· qj<JnM:2!) 1 · Jaf/6s � f ___ rJJA,� ,,_�tf:t � '7rrto-cg-u -1?87 Av?fei:Ja.§JV· 1/ 'J6£ I 'J..J/!fJ, 7'(),9,� G-1' JV90 I NAME 16.Jlu--.� 17. 18. 19. 20. 21. 22. 23. Mandatory Pre-Qualifications Conference Sign-In-Sheet RFQ Item #19-244 Design and Engineering Services for Walton Way Safety and Operational Improvements Project (Lake Forest Drive to Milledge RD For Augusta, GA -Engineering Department Wednesday, July 10, 2019@ 10:00 a.m. 2 ,'fh3 COMPANYillEPT. Pzrm�l A-tt PLEASE PRINT 'J f//1 ADDRESS/CITY/STATE/ TELEPHONE ZIP CODE NUMBER FAXNUMBER EMAIL Prime/Sub ,1Q.. iv aJ lctir i:1--.tro-G) '821 I '1/Ji..oiri,r_J @_, A,,llJ,t,vl t" 4,4 -3D4101 ac,.u..�;,c, I� ,..-- V u l.J V - OFFICIAL VENDORS Attachment "B" E-Verify Number SAVE Form Addendum 1 Original 7 Copies Kimley-Horn 3930 E Jones Bridge Rd., Suite 350 Peachtree Corners, GA 30092 Yes 412062 Yes Yes Yes Yes Hussey Gay Bell 2160 Satellite Blvd., Suite 250 Duluth, GA 30097 Yes 398475 Yes Yes Yes Yes CPL 3011 Sutton Gate Dr., Suite 130 Suwanee, GA 30024 Yes 209339 Yes Yes Yes Yes Cranston Engineering 452 Ellis St. Augusta, GA 30901 Yes 64684 Yes Yes Yes Yes Pond 621 Frontage Rd., Suite 320 Augusta, GA 30907 Yes 175046 Yes Yes Yes Yes Benesch 1005 Broad St., Suite 200 Augusta, GA 30901 ZEL 435 Telfair St. Augusta, GA 30901 GMC 1450 Greene St., Suite 515 Augusta, GA 30901 RFQ Opening - RFQ Item #19-244 Design and Engineering Services for Walton Way Safety and Operational Improvements Project (Lake Forest Dr. to Milledge Rd) for the Augusta, GA – Engineering Department RFQ Due: Thursday, July 25, 2019 @ 11:00 a.m. Total Number Specifications Mailed Out: 33 Total Number Specifications Download (Demandstar): 2 Total Electronic Notifications (Demandstar): 176 Georgia Procurement Registry: 736 Mandatory Pre Qualifications Conference Attendees: 10 Total packages submitted: 5 Total Noncompliant: 0 Page 1 of 1 Kimley-Horn 3930 E Jones Bridge Rd., Suite 350 Peachtree Corners, GA 30092 CPL 3011 Sutton Gate Dr., Suite 130 Suwanee, GA 30021 CRANSTON ENGINEERING GROUP 452 ELLIS STREET AUGUSTA, GA 30901 Pond 621 Frontage Rd., Suite 320 Augusta, GA 30907 Hussey Gay Bell 2160 Satellite Blvd., Suite 250 Duluth, GA 30097 Kimley-Horn 3930 E Jones Bridge Rd., Suite 350 Peachtree Corners, GA 30092 CPL 3011 Sutton Gate Dr., Suite 130 Suwanee, GA 30021 CRANSTON ENGINEERING GROUP 452 ELLIS STREET AUGUSTA, GA 30901 Pond 621 Frontage Rd., Suite 320 Augusta, GA 30907 Hussey Gay Bell 2160 Satellite Blvd., Suite 250 Duluth, GA 30097 Ranking of 0-5 Ranking of 0-5 Ranking of 0-5 Ranking of 0-5 Ranking of 0-5 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)15 5.0 4.0 3.5 5.0 4.0 75.0 60.0 52.5 75.0 60.0 3. Organization & Approach (0-5)15 4.3 3.5 3.3 5.0 3.5 63.8 52.5 48.8 75.0 52.5 4. Scope of Services a) Specific relevant experience of proposed team (specific to “roadway widening and improvements” concept and design) b) Role of proposed team in cited similar work/projects (0-5)25 4.8 3.3 3.0 5.0 3.3 118.8 81.3 75.0 125.0 81.3 5. Workload (0-5)10 5.0 5.0 5.0 5.0 5.0 50.0 50.0 50.0 50.0 50.0 6. Financial Stability (0-5)5 5.0 5.0 5.0 5.0 5.0 25.0 25.0 25.0 25.0 25.0 6. References (0-5)5 5.0 5.0 5.0 5.0 5.0 25.0 25.0 25.0 25.0 25.0 Within Richmond County 5 10 5 5 0 0 50 50 0 Within CSRA 5 6 0 0 0 0 0 Within Georgia 5 4 5 5 5 20 20 0 0 20 Within SE United States (includes AL, TN, NC, SC, FL) 5 2 0 0 0 0 0 · All Others 5 1 0 0 0 0 0 24.0 20.8 19.8 25.0 20.8 377.5 313.8 326.3 425.0 313.8 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 Total Phase 2 - (Total Maximum Ranking 10 - Maximum Weighted Total Possible 75) 0 0 0 0 0 0 0 0 0 0 24.0 20.8 19.8 25.0 20.8 377.5 313.8 326.3 425.0 313.8 Procurement DepartmentRepresentative:________Nancy Williams_________________________________ Procurement Department Completion Date: ______8/15/19__________________ 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: __8/15/19 Evaluation Sheet RFQ Item #19-244 Design and Engineering Services for Walton Way Safety and Operational Improvements Project (Lake Forest Dr. to Milledge Rd) for the Augusta, GA – Engineering Department RFP Evaluation Meeting: Thursday, July 15, 2019 @ 11:00 a.m. Total (Total Possible Score 500) Total (May not Receive Less Than a 3 Ranking in Any Category to be Considered for Award) 7. Proximity to Area (only choose 1 line according to location of the company - enter the ranking value for the one line only) Vendors Phase 1 Total - (Total Maximum Ranking 25 - Maximum Weighted Total Possible 425) Phase 1 Weighted Scores Weighted Scores Weighted ScoresWeighted Scores Weighted ScoresScale 0 (Low) to 5 (High) Commission Meeting Agenda 12/3/2019 2:00 PM RFQ 19-244 Walton Way Road Improvements ProjectDesign and Engineering Services for Road Safety and Operational Improvements (Lake Forest Dr. to Milledge Road) Department:Engineering Department:Engineering Caption:Approve and award Preliminary Engineering Concept Phase (design phase 1) of the Design Consultant Services Agreement to Pond & Company in the amount of $187,180.32 for the Walton Way (Lake Forrest Dr. to Milledge Rd.) Safety and Operational Improvements Project as requested by the AED. Award is contingent upon receipt of signed agreement. RFQ 19- 244 Background:Walton Way Road Improvements project is an approved SPLOST project. One of the main objective of this project is improving safety of the corridor. As a first phase of this contract, conceptual design and cost estimates will be prepared. The purpose of the Concept Development phase is to define which specific improvements are necessary to address the safety and operational needs of the Walton Way corridor. The analysis and tasks required to identify corridor deficiencies and identity the most effective improvements include, but are not limited to: traffic and operational studies, detailed accident analyses, determination of corridor deficiencies, identification and development of improvement alternatives, stakeholder and public outreach, social and economic considerations, utility considerations, right-of-way impacts, project costs, etc. This phase will be used to inform later design phase services. In July 2019, The Engineering Department (AED) requested professional services (RFQ) to perform design and field engineering services for this project . Analysis:RFQ’s were received on July 25, 2019 and firms were evaluated based on qualifications, project approach, and experience. The following firms submitted RFQs for evaluations: 1. Kimley- Horn 2. Hussy, Gay, Bell & DeYoung, Inc. 3. CPL 4. Cranston Engineering Group 5. Pond & Company Pond & Company was selected based on the evaluation procedures used for this project. Financial Impact:Project SPLOSTVII Funds. Alternatives:1). Do not approve and find alternative to complete the project Recommendation:Approve and award Preliminary Engineering Concept Phase (design phase1) of the Design Consultant Services Agreement to Pond & Company in the amount of $187,180.32 for the Walton Way (Lake Forrest Dr. to Milledge Rd.) Safety and Operational Improvements Project as requested by the AED. Award is contingent upon receipt of signed agreement. Funds are Available in the Following Accounts: FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNTS: Project SPLOST VII Funds 329-041110- 52.12115 (JL TBD) REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission CPB# 324-041110-201824333N/A Augusta-Richmond County, Georgia BE IT ORDAINED by the Commission-Council of Augusta-Richmond County, Georgia that the following Capital Project Budget is hereby authorized: Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. SPLOST Phase VII 240,000$ TIA Discretionary Funds 62,027$ 302,027$ 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 Honorable Hardie Davis, Jr., Mayor CAPITAL PROJECT BUDGET Monte Sano Avenue Improvements Project (Wrightsboro Road to Walton Way) Section 1: This CPB is for Monte Sano Avenue Improvements Project award of Design Phase 1 Contract to Kimley-Horn subject to Value Engineering not to exceed in the amount of $302,027.14 for Monte Sano Avenue Improvements project. Funds are available in the Wrightsboro Rd SPLOST VII ($240,000.00) and TIA Discretionary Funds ($62,027.14). 1 of 2 9.16.2010 CPB# 324-041110-201824333 Augusta-Richmond County, Georgia CAPITAL PROJECT BUDGET Monte Sano Avenue Improvements Project (Wrightsboro Road to Walton Way) CPB AMOUNT SOURCE OF FUNDS CPB SPLOST PHASE VII FUNDS ($240,000) TIA DISCRETIONARY FUNDS ($62,027) TOTAL SOURCES: ($302,027) USE OF FUNDS DESIGN 329-04-1110-5212115 $302,027 TOTAL USES: $302,027 2 of 2 9.16.2010 kimley-horn.com 3930 East Jones Bridge Road, Suite 350, Peachtree Corners, GA 30092 770 825 0744 October 24, 2019 Ms. Geri Sams Procurement Director Procurement Department Augusta, Georgia Municipal Building 535 Telfair Street, Room 605 Augusta, Georgia 30901 Re:RFQ Item #19-247 Design and Engineering Services for Monte Sano Avenue Improvements Project (Wrightsboro Road to Walton Way) Professional Services Agreement Dear Ms. Sams: Kimley-Horn and Associates, Inc. (“Kimley-Horn” or “Consultant”) is pleased to submit this letter agreement (the “Agreement”) to the Augusta Engineering Department (“Client” or “AED”) for providing concept-level design and documentation, public involvement, and traffic planning services for the above referenced project. Project Understanding Located in Augusta’s Summerville Neighborhood, the segment of Monte Sano Avenue from Wrightsboro Road to Walton Way consists of well-kept residential, commercial, and community properties characterized with mature landscaping. As a local road, Monte Sano Avenue generally consists of one lane in each direction with areas of on-street parking, portions of sidewalk, overhead utilities, and signalized (4), full stop-controlled (2), and sideroad stop-controlled (1) intersections. The corridor is posted at 30 MPH with portions of 25 MPH school zones. Kimley-Horn will build on our previous experience and public engagement activities centered on the segment of Monte Sano Avenue from Raymond Avenue to McDowell Street, with a focus on the Central Avenue intersection. During this project, our team worked with local stakeholders on potential improvements that enhanced bicycle and pedestrian accommodations, reallocated parking, and provided landscaping enhancements all while considering traffic operations. Kimley-Horn will continue this collaborative approach by generating design alternatives that enhance the entire corridor and meeting with both the public at-large as well as key stakeholders with a goal of developing a preferred alternative that will be taken to preliminary and final design under a future assignment. The preferred alternative will be documented in a Georgia Department of Transportation (GDOT)-style limited scope concept report. This report will include an environmental screening, traffic study results, and cost estimates. The project will be locally funded. As there is no state or federal funding and the project does not encroach onto GDOT right-of-way, involvement with GDOT is not anticipated. Scope of Services Kimley-Horn will provide the services specifically set forth below. Page 2 kimley-horn.com 3930 East Jones Bridge Road, Suite 350, Peachtree Corners, GA 30092 770 825 0744 Task 1 - Project Management and Administration Project management services are anticipated to begin in October 2019 and continue until June 2020, a total of nine months. These services and deliverables include the following monthly activities: · Preparation of monthly progress reports · Invoicing · Subconsultant coordination · Scheduling of project-related activities and updates to project schedule · Internal workload/staffing management Other infrequent activities include meetings or calls with AED and/or other City of Augusta agencies; contracting; and addressing limited unforeseen needs as the project progresses. The project management and administration activities scoped as part of this agreement are based on our recent experience and current AED requirements/policies. Changes to these requirements/policies may result in additional services. Task 2 – Traffic Engineering and Parking Study Kimley-Horn will prepare a traffic study of the entire corridor. 48-hour traffic volume counts will be collected at up to four locations along Monte Sano Avenue. AM and PM turning movement counts will be collected at the following intersections with Monte Sano Avenue: · Wrightsboro Road · Raymond Avenue · Central Avenue · McDowell Street · Helen Street · Bellevue Avenue · Walton Way Kimley-Horn will also collect three years of crash data at each intersection along the corridor (to be provided by the Client). The traffic engineering study will include the following: · Kimley-Horn will prepare a traffic engineering study documenting the existing and projected traffic volumes, recommended roadway design, intersection geometry, and intersection control for the subject intersections. · Projected traffic volumes at the study intersections will be determined based on a review of existing traffic flow patterns and historical traffic volumes within the study area. Historical traffic volume and population growth within the study area will be researched to determine a background growth rate for the analysis. Crash data provided by the Client and/or available GDOT databases will be reviewed and summarized. · Traffic volumes at the study intersections will be determined for the projected base year conditions and the projected design year conditions. Intersection capacity analysis will be conducted for the study intersections for the existing year, base year, and the design year. The traffic report will provide recommendations at the study intersections to achieve an acceptable Page 3 kimley-horn.com 3930 East Jones Bridge Road, Suite 350, Peachtree Corners, GA 30092 770 825 0744 level of service. The recommendations will address intersection laneage, turn lane lengths, and possible signage modifications. · We will collect information regarding the inventory of the existing supply of parking along Monte Sano Avenue between Central Avenue and McDowell Street and St. Mary Church.We will document parking occupancy (e.g. the number of occupied parking spaces) within each parking facility. Parking occupancy data will be collected on either a typical Tuesday or Wednesday between the hours of 7 AM – 7 PM at 1-hour increments. Kimley-Horn will develop a shared parking model that calculates the cumulative parking demand for the area. The traffic engineering study will be a memorandum-type document with figures and other supporting information attached. Traffic diagrams are not included in this effort. Infrastructure Systems Management, LLC (ISM) will provide QA/QC services for the traffic study for Kimley-Horn’s review and incorporation. Task 2 Deliverables List: · Traffic Count Data · Traffic Engineering and Parking Study Task 3 - Environmental Screening Kimley-Horn will perform a screening-level environmental analysis to identify potential environmental resources and their related agency coordination requirements. Desktop research and up to one (1) windshield investigation will be used to locate these resources. A summary of findings will be provided as a stand-alone memo and will be added as an attachment to the limited scope concept report. A senior environmental scientist will provide QA/QC services. Task 3 Deliverables List: · Environmental Screening Summary Report Task 4 – Pavement Evaluation Summary Kimley-Horn will coordinate with Contour Engineering, LLC (Contour) who will perform a pavement evaluation summary (see attached scope of work). Kimley-Horn will provide QA/QC services for the Pavement Evaluation Summary Report. Task 4 Deliverables List: · Pavement Evaluation Summary Report Task 5 – Public Involvement Using previous public outreach efforts as a starting point, Kimley-Horn will generate up to four (4) Page 4 kimley-horn.com 3930 East Jones Bridge Road, Suite 350, Peachtree Corners, GA 30092 770 825 0744 different alternatives for the Monte Sano Avenue corridor. Each alternative will have the following graphics generated: · Plan view showing the entire corridor · Up to two (2) typical sections · A photo simulation of up to three (3) locations along the corridor In addition, a concept-level cost estimate will be generated for each alternative. These alternatives will be submitted electronically to AED for review and comment. After comments are incorporated, Kimley- Horn will coordinate with AED to advertise for a public information open house meeting. Personnel in attendance at all meetings will include the project manager, a senior-level landscape architect, a traffic planning engineer, and at least one other representative. In addition, both Benesch and ISM will each provide a local senior representative familiar with the proposed project. The design team will review verbal and written feedback received from the meeting and advance up to three (3) design alternatives – either variants of the previously prepared design alternatives or new, original alternatives. The above graphics and cost estimates will be prepared for each of these design alternatives. Again, these will be shared with AED for review and comment. After incorporating any comments, additional public outreach will occur. It is anticipated that up to two (2) stakeholder meetings will be held. In addition, Kimley-Horn will electronically coordinate with the Historic Preservation Commission (no in- person meeting). From these meetings, a single design alternative will be refined and recommended by the design team to AED as the preferred alternative that will be advanced to preliminary and final design, which will occur under a future assignment. For each meeting, AED will be responsible for the advertisements, any targeting invitations, procuring an appropriate meeting space, providing translators (if needed), and providing court reporters (if needed). For each meeting, Kimley-Horn will provide graphics, easels, handouts, a comment box, and comment forms. In addition, Kimley-Horn anticipates up to one (1) site visit, up to three (3) conference calls with AED and design team members, and up to two (2) in-person meetings, including any requested dry runs. Task 5 Deliverables List: · Graphics and cost estimates for up to a total of eight (8) alternatives (including variants of initial design alternatives) · Providing of public meeting materials listed above · Participation in up to one (1) public information open house meeting · Participation in up to two (2) stakeholder meetings · Participation in up to one (1) site visit · Participation in up to three (3) conference calls · Participation in up to two (2) in-person meetings Task 6 - Concept Design The preferred alternative layout, typical sections, and cost estimates from Task 6 will be documented in the GDOT Limited Scope Concept Report (LSCR) template, current as of this submittal. A pavement Page 5 kimley-horn.com 3930 East Jones Bridge Road, Suite 350, Peachtree Corners, GA 30092 770 825 0744 design, generated from GDOT’s Pavement Design Tool v2.0 and the results of Task 5, will be used to determine the proposed pavement structure. The data generated from the other previous tasks will be compiled into the LSCR and where summary reports are generated, will be included as attachments. In addition, Kimley-Horn will coordinate with the Client and franchise owners to obtain utility information such as facility locations and costs. The LSCR will be submitted to AED for review and a Concept Team Meeting will be held. Kimley-Horn will revise the LSCR and resubmit to AED for review and approval. Up to one (1) additional design and coordination meeting is anticipated. Kimley-Horn will coordinate with Alfred Benesch & Company (Benesch), who will prepare a Post- Construction Stormwater Management Concept Report. All outfalls within the project limits will follow AED’s Stormwater requirements. Since the design is not set at this phase of the project, the stormwater analysis will focus on existing hydrologic analysis, screening for project or outfall level exclusions, conceptual sizing of water quality BMP(s), and downstream analyses (if needed). The analysis will include estimates for the required treatment volumes for each of the four GDOT post-construction stormwater requirements: water quality volume, channel protection volume, overbank flood protection, and extreme flood protection. GDOT’s Outfall Level Exclusion and Infeasibility Criteria will be evaluated for each outfall within the state right-of-way using the best available information at this point in the project. Conceptual Best Management Practices (BMPs) will be sized and their costs will be calculated and compared with conceptual roadway costs to evaluate their feasibility at this stage. The results of the analysis will be summarized in a stand-alone Stormwater Management Concept Summary Report and included as a part of the overall limited scope concept report. The document provides concept- level estimates of how many post-construction stormwater BMPs will be required, exclusions, types of BMP needed to meet the requirements, and approximate location and size of the BMP at each outfall. Kimley-Horn will provide QA/QC services for the report. Task 6 Deliverables List: · Stormwater Management Concept Summary Report · LSCR · Participation in a Concept Team Meeting · Participation in up to one (1) design/coordination meeting Task 7 – Force Account This task is to provide funding for any unforeseen needs of the project and will only be utilized with written permission from AED. There is no defined deliverable for this task. Additional Services Any services not specifically provided for in the above scope will be billed as additional services and performed at our then current hourly rates. Additional services we can provide include, but are not limited to, the following: · Project Management services beyond the stated duration · Traffic volume diagrams Page 6 kimley-horn.com 3930 East Jones Bridge Road, Suite 350, Peachtree Corners, GA 30092 770 825 0744 · Traffic counts/analysis not specified · Parking data collection/analysis not specified (north of McDowell and/or south of Central Ave along Monte Sano Ave) · Topographic surveys · Staking of any kind · Video/3D graphics · Preliminary, Right-of-Way, and/or Final Design Plans · Environmental permitting and documentation services; including USACE permitting, NEPA/GEPA documentation, etc.; not previously specified · Public Meetings/Public Involvement not previously specified · Preparation of design variances/exceptions · Hydraulic/Hydrologic Studies and documentation, including any floodplain development permitting · Attendance at meetings not specified · Submittals not specified · Agency coordination not specified · Right-of-way acquisition services · Construction phase services · Wall, bridge, or other structural design services · Lighting and electrical design services · Geotechnical services not specified, including additional pavement cores Information Provided by Client We shall be entitled to rely on the completeness and accuracy of all information provided by the Client or the Client’s consultants or representatives. The Client shall provide all information requested by Kimley-Horn during the project, including but not limited to the following: · GIS database files including aerial imagery · City of Augusta utility information · Existing signal plans/information · Crash data · Traffic data and/or traffic/pedestrian studies · Available existing pavement information · Right-of-entry letters for field work (environmental, etc.) Schedule We will provide our services as expeditiously as practicable with the goal of meeting the attached nine- month schedule, contingent on Notice to Proceed date. Page 7 kimley-horn.com 3930 East Jones Bridge Road, Suite 350, Peachtree Corners, GA 30092 770 825 0744 Fee and Expenses Kimley-Horn will perform the services in Tasks 1 - 7 for the total lump sum fee below. Individual task amounts are informational only. All permitting, application, and similar project fees will be paid directly by the Client. Task 1 Project Management and Administration $12,301.33 Task 2 Traffic Study $54,096.81 Task 3 Environmental Screening $4,505.55 Task 4 Pavement Evaluation Summary $24,808.22 Task 5 Public Involvement $126,301.93 Task 6 Concept Design $60,013.30 Subtotal $282,027.14 Task 7 Force Account (Note shown in fee spreadsheet)$20,000.00 Total Lump Sum Fee $302,027.14 Lump sum fees will be invoiced monthly based upon the overall percentage of services performed. Payment will be due within 25 days of your receipt of the invoice and should include the invoice number and Kimley-Horn project number. Page 8 kimley-horn.com 3930 East Jones Bridge Road, Suite 350, Peachtree Corners, GA 30092 770 825 0744 Closure If you concur in all the foregoing and wish to direct us to proceed with the services, please provide Kimley-Horn with a Work Authorization for review and signature. We appreciate the opportunity to provide these services to you. Please contact me at 678-533-3930 or kevin.ergle@kimley-horn.com if you have any questions. Very truly yours, KIMLEY-HORN AND ASSOCIATES, INC. By: Kevin Ergle, P.E.Mike Rushing, P.E Project Manager Vice President Attachment – Benesch Scope of Services Attachment – Contour Scope of Services Attachment – ISM Scope of Services Attachment – Draft Project Schedule (as included in Kimley-Horn’s proposal) Attachment – Manhour/Fee Spreadsheet Alfred Benesch & Company 1005 Broad Street, Suite 200 Augusta, GA 30901 www.benesch.com P 706-722-4114 F 706-722-6219 September 30, 2019 Kimley-Horn 3930 East Jones Bridge Road, Suite 350 Peachtree Corners, GA 30092 ATTN:Mr. Kevin Ergle, PE - Project Manager SUBJECT:Monte Sano Avenue Improvements - Stormwater Benesch Proposal #P2019018.00 Mr. Ergle: Alfred Benesch & Company anticipates the following scope of services to support the Concept Development Phase: 1) Concept Schematics and Report a.Participate in 4 coordination meetings (conference calls) b.Information gathering – review old corridor basemaps and GIS information c.Conduct 1 site visit to verify existing conditions d.Review existing storm sewer system information (old baemaps) e.Identify concept level hydrology (delineate drainage basins) f.Prepare schematic layout of concept storm sewer system g.Identify MS4 needs and proposed infrastructure h.Prepare hydrologic/hydraulic narrative summary for concept report. i.Attend Initial Concept Team Meeting (Kick-Off Meeting) j.Attend Concept Team Meeting k.Internal quality control reviews of stormwater related documents 2)Public Involvement a.Participate in 2 coordination meetings (conference calls) b.Attend PIOH (3 people) c.Attend 2 stakeholder meetings (3 people) Again, we appreciate this opportunity to provide a proposal and look forward to working with you. Should you have any questions please feel free to contact our office. Sincerely, Alfred Benesch & Company Erik Hammarlund, PE Senior Project Manager Attachments (manhours/cost spreadsheet) Georgia Department of Transportation COST PROPOSAL Proj. No.:RFQ #19-247 Project:NA PI No.:NA County:Richmond County Prime:Kimley Horn Contract Type:Firm Fixed Price Date:25-Sep-2019 Fixed Fee %:10% Pavement Evaluation Summary 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 19 Traffic information will be provided including base year and design year, 24 hour % truck, multi-axle and single-units. Contour Engineering Pavement Assumptions Pavement evaluation is on Monte Sano Avenue from Walton Way south to Wrightsboro Road. The roadway is primarlily a two-lane road with turn lanes at intersections and is approxiamtely 3,600 feet long (0.68 miles). Though the project is not a GDOT project, the pavement Evaluation will be performed performed in accordance with Chapter 9 and Appendix C of GDOT "Pavement Design Manual" The pavement design will be performed in accordance with Chapter 11 of GDOT "Pavement Design Manual" A PES report will be prepared Life cycle cost analysis is excluded Assume PACES will be provided if available by the GDOT Assume that soil survey will not be performed prior to final submittal; therefore, historical Richmond County soil parameters to be used if overlay or other design is needed. Assume lane closures with flagmen will require time restrictions from 9:00 a.m. to 5:00 p.m. Lane closures will be required. Closures will be performed in accordance with MUTCD guidelines. Assume a total of 10 cores will be sufficient Core locations will be backfilled with Quikrete to bottom of pavement and then patched with cold patch PACES Survey performed by Field Engineer and Tech - 1 day Lane Closure - 1 day for PACES survey and Core layout, 2 days for Coring Core location layout with GPS - Field Engineer 1 day Core locations - measure depth of base and obtain core samples, backfill and patch pavement - 2 days. 10/24/2019 6:34 PM REVISED Augusta - Monte Sano Avenue RFQ #19-247.xlsx OMAT Assumptions Page 1 of 2 ISM Scope of Services: 1.Traffic Operations a.Field observations b.Review and QA/QC traffic field data, methodology, projections, and report. c.Prepare for, attend/participate, and address comments received PIOH and stake holder meetings. 2.Design Support a.Detailed walk through of corridor to collect field data. b.Review and coordinate concept plan for operations and constructability c.Attend informal meetings with county officials and stake holders to address concerns or provide information on an as-needed basis. Georgia Department of Transportation COST PROPOSAL Proj. No.:19-247 Project:Monte Sano Avenue Improvements (Wrightsboro Rd to Walton Way) PI No.:N/A County:Richmond Master Contract:0 Prime:Kimley-Horn Contract Type:Lump Sum Contract Expiration: Date:24-Oct-2019 Fixed Fee %:10%Task Order No:0 Cost Summary By Phase / Discipline / Firm ˅ Formula Pulls Firm Name from each Discipline Tab Total Fee Kimley-Horn Kimley-Horn Kimley-Horn Alfred Benesch& Company Alfred Benesch& Company InfrastructureSystemsManagement,LLC Kimley-Horn InfrastructureSystemsManagement,LLC Kimley-Horn Sub Firm Name4 Sub Firm Name4 Sub Firm Name5 ContourEngineering,Inc. Sub Firm Name8 Enter disciplineprovided by firm >>Project Management Concept Design Public Involvement Concept Design Support - Stormwater Public Involvement Public Involvement Traffic Study Traffic Study QC Environmental Screening Survey Aerial Mapping Utilities Investigation (SUE) Pavement Evaluation Lighting Totals 282,027.14$12,301.33$28,103.21$97,951.00$31,910.09$10,901.03$17,449.90$44,887.81$9,209.00$4,505.55$-$-$-$24,808.22$-$-$-$ 1 Concept Development 139,248.99$12,301.33$28,103.21$-$31,910.09$-$8,332.00$44,887.81$9,209.00$4,505.55$-$-$-$-$-$ 2 Database Preparation -$-$-$-$-$-$-$-$-$-$-$-$-$-$-$ 3 Environmental Document -$-$-$-$-$-$-$-$-$-$-$-$-$-$-$ 4 Preliminary Plans 24,808.22$-$-$-$-$-$-$-$-$-$-$-$-$24,808.22$-$ 5 Right of Way Plans -$-$-$-$-$-$-$-$-$-$-$-$-$-$-$ 6 Final Plans -$-$-$-$-$-$-$-$-$-$-$-$-$-$-$ 7 Construction Services -$-$-$-$-$-$-$-$-$-$-$-$-$-$-$ 8 Special Studies -$-$-$-$-$-$-$-$-$-$-$-$-$-$-$ 9 Public Involvement 117,969.93$-$-$97,951.00$-$10,901.03$9,117.90$-$-$-$-$-$-$-$-$ Fixed Fee 24,221.17$1,115.92$2,497.01$8,711.70$2,896.17$989.38$1,440.90$3,775.54$819.00$388.14$-$-$-$1,587.41$-$ Tab Name>>PM1 Rd1 PI1 Rd2 DS1 DS2 Trf1 Trf2 Env1 Srv1 Map1 SUE1 OMT1 Lt1 DBE (Yes or No)No No No No No Yes No Yes No Yes DBE Participation 51,467.12$-$-$-$-$-$17,449.90$-$9,209.00$-$-$-$-$24,808.22$-$-$-$ DBE %18.2%6.2%3.3%8.8% Contract DBE Goal %0.0% Kimley-Horn Kimley-Horn Kimley-Horn Alfred Benesch & Company Alfred Benesch & Company Infrastructure Systems Management, LLC Kimley-Horn Infrastructure Systems Management, LLC Kimley-Horn Sub Firm Name 4 Sub Firm Name 4 Sub Firm Name 5 Contour Engineering, Inc. Sub Firm Name 8 Project Management Concept Design Public Involvement Concept Design Support - Stormwater Public Involvement Public Involvement Traffic Study Traffic Study QC Environmental Screening Survey Aerial Mapping Utilities Investigation (SUE) Pavement Evaluation Lighting Totals 57,026 69 176 28,103 28,103 58 -310 39 ----168 --- 1 Concept Development 56,800 69 176 28,103 28,103 --310 39 ----- 2 Database Preparation -------------- 3 Environmental Document -------------- 4 Preliminary Plans 168 -----------168 - 5 Right of Way Plans -------------- 6 Final Plans -------------- 7 Construction Services -------------- 8 Special Studies -------------- 9 Public Involvement 58 ----58 -------- By Phase / Firm Phase Phase Description Total Hours 0-Jan-1900 Phase Phase Description Hours Summary Include a columnfor each discipline tab included in the proposal.Ensure formulas link to the corresponding discipline tab. 10/24/2019 7:12 PM Monte Sano Ave - CostProposalSummary_v8.0_2019-10-24.xlsx Cost Summary Page 1 of 1 Request for Qualifications Request for Qualifications will be received at this office until Thursday, July 25, 2019 @ 11:00 a.m. for furnishing for the Engineering Department: RFQ 19-244 Design and Engineering Services for Walton Way Safety and Operational Improvements Project (Lake Forest Dr. to Milledge Rd) RFQ 19-247 Design and Engineering Services for Monte Sano Avenue Improvements Project (Wrightsboro Rd. to Walton Way) 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 for RFQ 19-244 will be held on Wednesday, July 10, 2019 @ 10:00 a.m. in the Procurement Department, 535 Telfair Street, Room 605, Augusta, GA 30901. A Mandatory Pre Qualifications Conference for RFQ 19-247 will be held on Wednesday, July 10, 2019 @ 11:00 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 Thursday, July 11, 2019, @ 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 ninety (90) 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 June 6, 13, 20, 27, 2019 Metro Courier June 6, 2019 Mandatory Pre-Qualifications Conference Sign-In-Sheet RFQ Item #19-247 Design and Engineering Services for Monte Sano Avenue Improvements Project (Wrightsboro NAME 2.Tabitha Daniels RD to Walton Way) for Augusta, GA -Engineering Department Wednesday, July 10, 2019@ 11:00 a.m. PLEASE PRINT COMPANY/DEPT. ADDRESS/CITY/STATE/ ZIP CODE TELEPHONE NUMBER FAXNUMBER I Procurement 535 Telfair Street, Suite 605 Augusta, GA 30901 I 535 Telfair Street, Suite 605 Augusta, GA 30901 706-821-2423 706-821-2811 1706-821-4251 1706-821-2811 3.�i11nri/ JI Pi;4cure�nt I 535 Telfair Street, 706-821-2888 706-821-2811Suite 605 II:. F I Au��GA30901 I 1--4.J��---� 4ta. 04lllw'-li'f-,"10�. &tl-!811 � C:,,4-�010) s.llw1LI\. erJ k I l<iwt li1-l+orv'L I 3130 fot :r,,.,, B"4t.ll h�t-JJJ. 31,�fJ(lr )ur�t 350 f �hu Curvi.tn1 GI+ JOOfJ.. 6.e'c-d(I ef!'t\e�c=:"-h , ,-> a.,_.e :SI,706 -72.2.. - At/ II'( �722. UJ, f4c-.-ff\-Nl4� '"'""' $c, I J t:. Z.oc:> Av,�"'-, &.A 3c9-,0 l 7.��6Me, t4<;o &rrc.ne 'cf. 70f94l4lt1iS -'"lAvv\���A�J /�.� EMAIL procbidandcontract @augustaga.gov I procbidandcontract @augustaga.gov procbidandcontract @augustaga.gov Prime/Sub 1�� �� hvh1 . er�le, � I (1i k I � 1'tn\l IW\ �y � oft\� Gori\ e. bcawtWie.rl � @ foc.11le � ½ r�� -c}��,.1� Mandatory Pre-Qualifications Conference Sign-In-Sheet RFQ Item #19-247 Design and Engineering Services for Monte Sano Avenue Improvements Project {Wrightsboro RD to Walton Way) for Augusta, GA -Engineering Department NAME COMPANY/DEPT. 8.K."ftE OM'-tiMS 9.��Y<oc;.��'l �""-'-"--(\N)Cr�� rn. ""'DA,r,v CMNttro.....} VV\\L..«...S �6•N�I� 11.h-, 0, (' )<:_ 1-1-a,,,$"-GPL 12./.l£'1 IN foNt) ,S�r,)�€.12...., 13.Jt)��zEL j \11,\,-t,l..:O'l:...14.M�..-e.s AED � CM h, � \Ot\� �� .• cs.,1Jln.. ci� 15. _j�1)�E L$Bi1P Wednesday, July 10, 2019@ 11:00 a.m. lL � PLEASE PRINT 2 V C// ADDRESS/CITY/STATE/ ZIP CODE l"ISo � J'r. ,t,.to..u.,7)9-,c;-t ,?c)lf o I 2t uo ��� %.utl., *;)_'1.C ·1 \\u�' \::,fl\ 'sOO't"r A5'2. a.us 'ST" �\J.S.°O\, f,A �O\ ( 3o IL 5vtt"o>-\ {;..,,te,Or.Svd·e. J 10 Svt,Ja .,..,-e.,...1CrA-.loo Z'1 (o'J., \ NW FroA� llcJ, '5�1.+� 320 A'-'"1� 1 &A 3o9o1 �� '> '"'\frc,.�._Ht. i Av <i::nJ •-J�A G A "3D'l0\ +sa w�(ea-st�i� 110 ,4.JL.,_..,SJ-0\, Dill X>Cf CJ J 5���-�,�GJ\�0/ TELEPHONE NUMBER "°'.tS }. C/Off 3''fJ. , "''. ,1z ! ,,,. ��-Lt.%- 1""�� +ora. :i.2'2. •�s 6-t,S 3 J�-Jo�/ 106 CZ�?, 4"71 . ;o t,.1� �(,.'J-7 C ,o<.> i�4 -�+-°'' 7{k;-lf ?Jo - 1/78'o/ FAXNUMBER EMAIL AJ/,t �"'"r .Tf7\',:f'@ ,) C. �Cl IS,• sl w,('rt-l\.@.\...)W\ � ... �'\W-\'-t.U.. (_O,J\A,. d.ll\,\ i.\\s e K:r"'""�.UVS� -;. Iv," CC. n ' OY' � CPl.T�1Yl•C.o ........ b7ll 336 Skt\'\�erk � 77Lfl.f po-11.J.eo. �i\'\ 70 "1 J '-J e, 7 �..,.-S" 78'1 &GL-£ u/;1r.1EE� <:,:&'t,.\. ""J�bs ©JV/J4 �J-(A�.,w � � Prime/Sub � I' \-C. t/"ll 1' lc..o- R-.,... p ·. p OFFICIAL VENDORS Attachment "B" E-Verify Number SAVE Form Addendum 1 Original 7 Copies Kimley-Horn 3930 E Jones Bridge Rd., Suite 350 Peachtree Corners, GA 30092 YES 412062 YES YES YES YES GMC 1450 Greene St., Suite 515 Augusta, GA 30901 YES 425070 YES YES YES YES CPL 3011 Sutton Gate Dr., Suite 130 Suwanee, GA 30024 YES 209339 YES YES YES YES Cranston Engineering 452 Ellis St. Augusta, GA 30901 YES 64684 YES YES YES YES Pond 621 Frontage Rd., Suite 320 Augusta, GA 30907 YES 175046 YES YES YES YES Hussey Gay Bell 2160 Satellite Blvd., Suite 250 Duluth, GA 30097 YES 398475 YES YES YES YES ZEL 435 Telfair St. Augusta, GA 30901 Benesch 1005 Broad St., Suite 200 Augusta, GA 30901 RFQ Opening - RFQ Item #19-247 Design and Engineering Services for Monte Sano Avenue Improvements Project (Wrightsboro Rd. to Walton Way) for the Augusta, GA – Engineering Department RFQ Due: Thursday, July 25, 2019 @ 11:00 a.m. Total Number Specifications Mailed Out: 33 Total Number Specifications Download (Demandstar): 2 Total Electronic Notifications (Demandstar): 176 Georgia Procurement Registry: 736 Mandatory Pre Qualifications Conference Attendees: 11 Total packages submitted: 6 Total Noncompliant: 0 Page 1 of 1 Kimley-Horn 3930 E Jones Bridge Rd., Suite 350 Peachtree Corners, GA 30092 GMC 1450 Greene St., Suite 515 Augusta, GA 30901 CPL 3011 Sutton Gate Dr., Suite 130 Suwanee, GA 30021 Cranston Engineering Group 452 Ellis Street Augusta, GA 30901 Pond 621 Frontage Rd., Suite 320 Augusta, GA 30907 Hussey Gay Bell 2160 Satellite Blvd., Suite 250 Duluth, GA 30097 Kimley-Horn 3930 E Jones Bridge Rd., Suite 350 Peachtree Corners, GA 30092 GMC 1450 Greene St., Suite 515 Augusta, GA 30901 CPL 3011 Sutton Gate Dr., Suite 130 Suwanee, GA 30021 Cranston Engineering Group 452 Ellis Street Augusta, GA 30901 Pond 621 Frontage Rd., Suite 320 Augusta, GA 30907 Hussey Gay Bell 2160 Satellite Blvd., Suite 250 Duluth, GA 30097 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 PASS PASS 2. Qualifications & Experience (0-5)15 5.0 4.0 4.0 3.3 4.0 4.0 75.0 60.0 60.0 48.8 60.0 60.0 3. Organization & Approach (0-5)15 5.0 3.5 3.4 3.3 3.5 4.0 75.0 52.5 50.6 48.8 52.5 60.0 4. Scope of Services a. Detailed Scope of Services to be Provided i. Proposed scope of services is appropriate for all phases of the work. ii. Scope addresses all known project/service needs and appears achievable in the timeframes set forth in the project/service schedule. b. Project Deliverables i. Deliverables are appropriate to schedule and scope set forth in above requirements. c. Cost Control and Budgeting Methodology i. Proposer has a system or process for managing cost and budget. ii. Evidence of successful budget management for a similar project/service. (0-5)25 5.0 3.0 3.5 3.0 3.6 3.6 125.0 75.0 87.5 75.0 90.6 90.6 5. Workload (0-5)10 5.0 5.0 5.0 5.0 5.0 5.0 50 50 50 50 50 50 6. Financial Stability (0-5)5 5.0 5.0 5.0 5.0 5.0 5.0 25 25 25 25 25 25 6. References (0-5)5 5.0 5.0 5.0 5.0 5.0 5.0 25 25 25 25 25 25 Within Richmond County 5 10 5 5 5 0 50 0 50 50 0 Within CSRA 5 6 0 0 0 0 0 0 Within Georgia 5 4 5 5 5 20 0 20 0 0 20 Within SE United States (includes AL, TN, NC, SC, FL) 5 2 0 0 0 0 0 0 · All Others 5 1 0 0 0 0 0 0 25.0 20.5 20.9 19.5 21.1 21.6 395.0 337.5 318.1 322.5 353.1 330.6 8. Presentation by Team (0-5)10 0 0 0 0 0 0 9 Q&A Response to Panel Questions (0-5)5 0 0 0 0 0 0 Total Phase 2 - (Total Maximum Ranking 10 - Maximum Weighted Total Possible 75) 0 0 0 0 0 0 0 0 0 0 0 0 25.0 20.5 20.9 19.5 21.1 21.6 395.0 337.5 318.1 322.5 353.1 330.6 Procurement DepartmentRepresentative:______Nancy Williams________________________________ Procurement Department Completion Date: ___8/15/19_____________________ 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: __8/15/19 Evaluation Sheet - RFQ Item #19-247 Design and Engineering Services for Monte Sano Avenue Improvements Project (Wrightsboro Rd. to Walton Way) for the Augusta, GA – Engineering Department RFP Evaluation Meeting: Thursday, July 15, 2019 @ 10:00 a.m. Total (Total Possible Score 500) Total (May not Receive Less Than a 3 Ranking in Any Category to be Considered for Award) 7. Proximity to Area (only choose 1 line according to location of the company - enter the ranking value for the one line only) Vendors Phase 1 Total - (Total Maximum Ranking 25 - Maximum Weighted Total Possible 425) Phase 1 Scale 0 (Low) to 5 (High) Ranking of 0-5 (Enter a number value between 0 and 5) Weighted Scores Commission Meeting Agenda 12/3/2019 2:00 PM RFQ 19-247 Monte Sano Avenue Improvements Project Design and Engineering Services for Road Improvements (Wrightsboro Rd.to Walton Way File Reference: 19 – 014(A) Department:Engineering Department:Engineering Caption:Approve and award Preliminary Engineering Concept Phase (design phase 1) of the Design Consultant Services Agreement to Kimley-Horn in the amount of $302,027.14 for the Monte Sano Ave. Improvements (Wrightsboro Rd. to Walton Way) Project as requested by the AED. Award is contingent upon receipt of signed agreement. RFQ 19-247. Background:Monte Sano Avenue Improvements project is an approved SPLOST project. One of the main objective of this project is improving safety of the corridor. The project will provide pavement rehabilitation, and shoulder and parking improvements from Wrightsboro Road to Walton Way. As a first phase of this contract, conceptual design and cost estimates will be prepared that will consider traffic-based needs, accessibility requirements, and multi-modal needs to include bicycle, and pedestrians. The scope includes topographic and drainage survey; preliminary environmental studies; traffic studies; a review of sidewalk compliance with ADA standards; and pavement rehabilitation design. Also included in this concept phase is identification and development of improvement alternatives, stakeholder and public outreach, utility considerations, right-of-way impacts, project costs, etc. This phase will be used to inform later design phase services. In July 2019, The Engineering Department (AED) requested professional services (RFQ) to perform design and field engineering services for this project . Analysis:RFQ’s were received on July 25, 2019 and the following firms submitted RFQ’s and were evaluated based on qualifications, project approach, and experience: 1. Kimley-Horn 2. GMC 3. CPL 4. Cranston Engineering Group 5. Pond & Company 6. Hussy, Gay, Bell & DeYoung, Inc. Kimley-Horn was selected based on the evaluation procedures used for this project. Financial Impact:Project SPLOSTVII Funds ($240,000) and TIA Discretionary Funds ($62,027.14). Alternatives:1). Do not approve and find alternative to complete the project Recommendation:Approve and award Preliminary Engineering Concept Phase (design phase1) of the Design Consultant Services Agreement to Kimley-Horn in the amount of $302,027.14 for the Monte Sano Ave. Improvements (Wrightsboro Rd. to Walton Way) Project as requested by the AED. Award is contingent upon receipt of signed agreement. Funds are Available in the Following Accounts: FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNTS: 329041110-5212115 (JL TBD) SPLOST VII ($240,000.00) 235041110-5212115 (JL TBD) TIA Discretionary ($62,027.14) REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Commission Meeting Agenda 12/3/2019 2:00 PM Sanitary Sewer Easement at Glenn Hills Middle School Department:Augusta Utilities Department:Augusta Utilities Caption:Consider approving and accepting a sanitary sewer easement and pipeline that runs across Glenn Hills Middle School. Background:During the construction of Glenn Hills Middle School, circa 1996, a sanitary sewer was put in that runs across the school tract to pick up adjacent tract(s). Analysis:Through an oversight, the easement was never deeded to Augusta. The sanitary sewer has been inspected and is in good condition. By accepting the easement and pipeline into Augusta's system, it will make sanitary sewer available to additional properties. Financial Impact:None Alternatives:Disapprove the sanitary sewer easement and pipeline that runs across Glenn Hills Middle School. Recommendation:Approve and accept the sanitary sewer easement and pipeline that runs across Glenn Hills Middle School. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Nancy Morawski From: Sent: To: Cc: Subject: Ms Bonner, Commissioner Sammie Sias Thursday, November 2L, 20L9 8:44 AM Lena Bonner Nancy Morawski Recycling program Please add this agenda item to Engineering Services Committee Agenda for 26 November 2019. Thank you. Discuss suspending the Augusta Recycling Program. Over 300 cities and more everyday have either suspended or eliminated their Recycling Programs. Augusta's recycling program Sammie L. Sias Commissioner, Augusta Richmond County "Failure is not an Option" is losing money everyday. a result c,f ihe e-n'Lati lrans;nrission li r,,eriitcaliorr is required. piease re quesl a h::r"d copy l,rrsiorr.,iF I-r. i Cl4 -l Commission Meeting Agenda 12/3/2019 2:00 PM Augusta Recycling Program Department: Department: Caption:Discuss suspending the Augusta Recycling Program. Over 300 cities and more every day have either suspended or eliminated their Recycling Programs. Augusta's recycling program is losing money every day. (Requested by Commissioner Sammie Sias) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Sole Source Justification (Reference Article 6, Procuremenl Source Selection Methods rnd Contract Awards, S 1-f 0-56 SOLE SOURCE PROCUREMENT Vendor: Commodity: De Nora Texas LLC E-Verify Number:sTs 13722 L,stinrated anrrual expenditure lbr the above cornrnoditl' or scrvice:$ 43852.00 lnitial all entries below that applJ' to the proposed purchase. Anach a metnorandurn containing complete justification and support documentation as directed in initialed entry. (More than one entry will appl) lo most sole source products'services requested ). SOl.F. SOlrRCf. RI.QL,FIST lS I'oR lllL ORIGlNAt. MANtllj^('l'tiRI:R OR PR()VlDl:R. llll.Rl: ARI: N() Rli(ilONAl. DlSlRlBlrlORS. (Artach rhe nranulircturer's rlTillcn certilication that no regional distributors exist. ltem n<t. 4 also musl bc complcted'; S()1.1, S()trR('1. Rl:Qtil:S.l lS l()R ()Nl.\' Illl Atr(iiJSl A (il:OR(ilA ARI;A l)lS.l Rlllt'l()R ()l] llll: ORI(ilNAl. t\,tANtrln('lllRliR ()R PR()VlDIlR. (Attach thc rnarrufacturcr's - nor rhe distrihurrrr's -- sriltcn ccrtilicati(rn that idcntilles all regional distributr:rs. llcm nt' J also must bc complelr:d.) 3. illl; I,ARIS/t:etrll,Mt:Nt ARt: N()t lNll;R('l IAN(il:AItl.l; Wllll SlMlt.AR PAR'I S ()l ANOl'llliR MANi ll- A( I t lRl;R. t l:xplain in scparatc memorandum' ) 4. llllStSllll.ONl.YKN()\\Nlll:lrloRSt;RVl('t, lllAl\\rlt.t.Ml:l.l llll:SPllClAl.lzlll) Nl:l:l)S ()l; IlllS Dlil,nRlMI.NI OR l'llRl'ORlvl lllt, lN-l'l:Nl)l.l) l'trN('f lON (Atlach nrcnr<rrandum s ith details ol spccializ-cd lunction or application. ) 5. ilil: pAt{lS1l .Qtrtl,Ml,Nl ARl- Rl-QtllRt;D l'R()M IltlS S()tJR('l: l() PIrRN4ll Sl nNl)n RI)I7.n ll()N. (A[ach mcnrorandum dcscribing basis lbr stsnrlardization rcqucst.) 6. N()NL ()1. Illl: r\lX)\/li Al)l'l Y A l)l lAll.l-l) l:Xl'l-ANAll()N nNl) JtrSlllrl('n ll()N l;oR llllssol.l.sol R('l;Rl;Q( l.sl ls(oNlAINl:DlNAtlA('lll:l)rul:MoRANl)tirv{. L 2. 'Ihe undersigned requests tlrat cornpetitive procurenlent be rvaived and that the vendor identified as the supplier of the serryice or malerial described in this iole source justillcation be authorized a\ a sole source lbr tlre service or malerial. Nanre: GeO-e B.qdie Depanment:AUD Date: l0/01/2QS Date: [)ate: I)ate: ,:;1,'"/i,7Approval Atttltorily: Adntirlistrator Approval: trcqtttred - n()t rcquir*dl ('oMMtjNrs lUfr^i re t Rov.091t0/12 (o rnrn ;s 5/o/1 fllt rx?r4 1o hateo froad a)atu, T,,n"J*,nl- Vh'-{- UTILITIES DEPARTMENT Tom D. Wicdmcier, P.E. Dircctor TO: THRU: FROM: CC: DATE: SUBJECT: (ieri Sams Director. Procuren'lent Deparlnlenl ]'om Wiedmeier Director. Liti I ities f)epartmenl Gene Bodie l0/3il9 J I.J S'I'I I;ICATION MEMORANDTJM Solc Source Justification lbr I'obacco Rd Wl P tlypo Cell l'hehlpocell unitsareproprietarltomanufactureandnoothers'canbeusedinapplication. Inordert<r avoid production itlterruplions and lo ensure prop€r disinfecrion for rr,aler qualiry a neu. llypo cell is required. I{egards * . , - 'irn.-< /i/'6ut'9 Gbr+e Bodie t0/3/20t9 Auguste I rtilities l)eplrlment {5? \\ alkcr litrccr. Suirc 2(Xt - Augusla_ ( iA .i(r(r0 I (7()6) ll2-{l5{ I ar (7(,6) 312-Jt22 \\'\\ \\ 1lr(it;sIA(iA (il)\, t,!IolNIEI o OL otr(u i5of EEHE EgHP *E NEEzlcl 21 5* 81.frEE'tr trtrD IL(, ,. ri\ Jt t.O I.GJL] \-- 3tol(BI!l orl.cl-ElEI EIel EIol-el 3to-l>tII 8l:l EIcLlololEI fllol6t EIolil>l(EI<lollollBl tEt l*l I 3t lFl lEl ,': I 2.1 CI 1l:l YI zl F 7 -/. i!e7 Z =/ tr,,. la E: 4Lo. 6 =E6Br3=EE Fzrc =_t3kofEEt (,ta= Egl-E-rr]=.n =os..l6= (, .j F F on tr! Ue1.9-EH>u<zr6d=E6H= NBEE 2HqFu AEHE trDED -)- =EZ El€oF EE -cg ^a6-,2-:z x.. o= = H; ai z- =E H HHI lsn DE I ? lsi\l ilEt x; lll ir -l?i g EIEI*I q.$ DE NC)RA Date: To: copy: From: Subject: Dear Mr Bodie, Denora Water Technologies is the sole manufacturer of the Clortec Onsite Hypochlorite Generation System, inclusive of any new equipment manufactured by Denora Water Technologies which works in conjunc{ion with and/or is compatible with the Clortec product line. Kyle T. Cook Eastern Regional Sales Manager De Nora Water Technologies Wr arl rrow a [)t'Nora (omildn1, arrd wt'are "[)e Nor.l W,rter Ie(hncrogr(.1, Busrrits-r Unil" Or;r (ornpa.)y ls r.hangrrrg narlt and tlle new nanre shall be DeNora Water Iechnologies Texas Ll,C(Formerly Severn Trent De Nora Texas, LLC) 1110 lndustrial Blvd Sugarland TX77478 Direct:+ 1 (281) 274 -677O Fax;+ 1 (2871240-6762 u/ww denort com 3 October 2019 ilr. Gene Bodie Augusta Utilities Augusta Georgia Allen Walker, Tcmpleton & Associates Joe Kelly - Temsco Kyle T. Cook, Eastern RSil De Nora Watwer Technolgies Clortec Exclusivity for Georgia I rt. I S i rF N()t? A De Nora water rechnotosies rexas, .;ir".", 1110 lndustrial Blvd Sugarland TX77478 Phone: 800-524-6312 (Ctortec/UAT), SOS-343-@90 (Miox) F ax: 281 -27 4 &25 (Ctorrec/UAT), 505-34 3-0093 (Miox ) uuo1 ?2 9 THELII{A AUGUSTA. RI CHMOND COIINTY535 TELFAIR STREETSUITE 8OO AUGUSTA GA 3O9O] USA PAGE: QUOTATION QP062 5{ 1 OUOTEDATE: to/03/re EXPIRAflON DATE: ot /tt /zo AUTHORIZED REPRESENTATIVE: TERilS: NET 30 DAys 5J p1grf.u)TP ouA[rrY.r:x rTEl, , DESCR|PT|OT{ 1.000 cT6-04508-t-EA CELL, ASSEMBLY, CT45O, DRINKING/NSF, CUSTOMER'S ACCEPTATICE OF THIS eUOTATIONIS EVIDENCED BY THE SIGNATURE APPLIED HERETO AIiID CONSTITUTES A CONTRACT TO PURCHASE SUB.]ECT ONLY TO THE TERMS AIIDCONDITIONS PROVIDED HEREWITH. ANY CONFLICTlNG TERMS ANDCONDITIONS PROVIDED BY BUYER ARE EXPRESSLY DISCLAIMED. SIGNATURE: DATE: * Country of Origin: USA* Sch B: 842:. .99 . 0040iECCN: NLR- EAR99*Lead time: 4-5 Weeks ARO.I EXWORKS, our crating company, Houston. TX If you wish to order the part pleasesign the attached guote and provide yourPO number and Bill and ship to addressto avoid approval delays.*tAvailability is subject to prior U:N:RrcE 43,852.00000 xErlrourl 43,8s2.00 S f;f- NOR A De Nora water Technotogies Texas, LLC 'l 110 lndustrial Blvd Sugarland TXTl4lg :l"T: 90^t:2!fyz (ctorrec/uAr), sos-343-00e0 (Miox) F ax: 281 -27 4 &425 (C torrec/uAT), 505_34 3_0093 (M iox ) lruo172 9 THEL,T'IA AUGUSTA- R I CHMOND COUNTY535 TELFAIR STREETSUITE 8OO AUGUSTA GA 30901 USA t ---- i OUANTITY'UH ITEX / DESCRIPTION I QUOTE NUMBER: PAGEI OUOTE DATE: EXPIRATION DATE: AUTHORIZED REPRESET{TATTVE I TERiIS: UNIT PRICE QUOTATION QP052 54 2 to/03/19 o1/31/20 NET 30 DAYS -1TE sale** Minimum order of S50.00 requiredScandard documentation and packaging areprovided. t.le cannor pack rt millraiyspecifications nor do we offerbar-coding serviees. S50.00 charge per CertificaEe ofConformance. If the request is receive<jAfter the order is shipped t.he chargeWill increase to $1OO.b-O.Seller I.y treely assign any orderlssuect by Buyer to any of Seller,saffiliates, and shall notify the Buyerof same, at its option. Sei1er reservesthe right to manufacture, or to havemanufactured at an affiliaEed facilityworldwide, dDy of the producEg, in wholeor in part, associated with an orderissued hereunder.Per attached De Nora Water TechnologiesTexas LLC Term6 and ConditionsEX}J (Ex-Works): Sugar Land, Texas 7.t478u.s.A. Regards,.{erbert R BarbeeInside Sales RepresentativeDe Nora Water Technologies Texas LLC {}j: t r}: NOR A De Nora water Technotogies Texas, LLC 1110 lndustrial Blvd Sugarland TXtl4TB !non1 !!!-s24 -6s42 (ctortecJuAT), Sos_343_ooe0 (Miox) F ax: 28 1 -27 4 -8425 (Ctorrec/uar1, iotsaloOg3 (Miox ) w01?2 9 THEL!,IA AUGUSTA- RI CH}TOND COUNTY535 TELFAIR STREETSUITE 8OO AUGUSTA GA 30901 USA QUANTITY / UII IrET , DESCRIPT'ION DirecE: +1 (281) Zi4- 8464Fax: +1 (281) 240-6762Email : Herbert . Barbee@denora. comWebsite: http z / /www. denora. com QUOTE ]{UMBER: PAGE: QUOTE DATE: EXPIRATION DATE: AUTHORZED REPRESENTATIVE: TERMS: QUOTATION QPo62s4 3 LO/Ot/t9 07/?L/20 NET 30 DAYS U]IIT PRICE Sale .Amount: Sales Tax: Misc:TotaL Amount: respond if anywill be processedInvoic j.ng. ;;^;;G 43,852.00 0.00 0.00 43,852.00 ?hank you for your orderl please verify &changes are necessary,otherwise your ordera6 staLed. 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E&dradt s .tftt&, or m rgrc}br. o rog.aaq dlrlEr io rEy 066idF4rt Iv l.anue, MryV, d fus'6 ot tha tarG harM ,ra p.dd rddt 5 . (onrry adrh lnE a ldh h.@ d h t[i6h lh.6 rb6r, rh.l !or.h .d L* tUr toi- *a(d & h 8.4ffi 5[ q ilah tr.l&64 r6tuA. o *xd,on lniti4l all entries below that apply to the proposed purchase. Altach a memorandum containing completejustification and supporl documenlalion as directed in initialed entry. (More lhan one entry will upply to ir,ort sole source products/services requested). t.Sol-li SotlR('l: RF.QlrLSl lS lr()R llll: oRtctNAt I\4ANt't A('ttrRl.R oR pRovll)t:R. I llllRl: n Rl N() Rl:(ilONAl l)lS lRlllt,l ORS. (Artach the manulacturur.s rvriucnccrtillcation rhat no rcgional distributors cxist. ltcm no. 4 also must bc'complctcd.) s()1.1. s()tlR('l: Rl Qt llsl ls l.()lt ()Nl.Y tltlr. At r(itrs lA (it:()R(;tA ARI;Al)ls'rRlBt!'l()R ()li IllF: oRl(ilNnl. MANlrl,A('I'trRl-:R oR pR()\,tDER. (Auach rhcnranul'acturcr's - rx)t thc distributor's - rrriuen ccrtilication that idcntifics all rcgional distributors. ltcm nu. 4 also must be q)mpleted.) Sole Source Juslification (Reference Article 6, Procurement Source Selection Methods andContract An,ards, S 1-10-56 SOLE SOURCE PROCUREMENT Vendor: AeNAGTexastLC E-Verify Number:_ srs 13722 Cornmodiry: +lyt" QrJl Estimated annual expenditure for the above comrnodity or service:$ 6se10BQ I x_lllls ls llll: oNl Y KNowN lll,M oR sltRvt('t: tttAl u'il.1. Nfl:trt illt spliclAt.tz.l,l)Nl:ltDS ol'j llils l)llt,nR't MENl ()R p[Rl;()RI\4 l'ilL tNII-]NDtiD lrl ,NClt()N. (Auuch mcmorandum rr ith de.tails ol's;tccializcd tunction rrr upplication. ) Itll-. PARlsrtiQt IPMHNI ARl, RliQt,lRltl) 1;Rot\4 ilils sotiR('t, to ptiRMt'l S1-ANl)ARl)lZn ll()N. (Attach mcmorandunr dcyi:ribinl basis lirr standardization request.) N()N1: ()l lllli Allovl:.Al'l'1.\'. n l)l:lAll-Hl) liXPLANn iloN nNt) JTJSTilrlcn IloNl'()R l lllS Sol.l SOt jR('l, Rl-.Qt rl-.s.1 lS ('ON l AlNt.t) tN A t't A('l tt jl) MI:MORANDt JN.t. The undersigned requesls that competitive pr(rcurernent be rvaived and thal the vendor identified as thc supplierof thc service or rnaterial described in this sole sourcc justification be authorized as a sole source for the serviceor material. ) 3. till-. pARrsil.eurpr\flrNl ARL Not INl tjR('nAN(jl-,ABLL wtIn srMu.AR pARls ()1 ANOl llliR MANt Il,A('l t rl{l tR. ( l \plain in s€paratc memorandum. ) 4. 5. 6. Name: Department Approval Authorit-v: Adrninislrator Approval: ircquired not rcquirrdr Date: l0/03/20$ Dale: l)ate: Date: ';/);!):, COMMI..N IS: Rcv. 09/10/12 /) lrr*}sba ,Qp*".-t/U?ff(t/q t+, !{*nd Wo4"r F k, ?(o^? #t DE f.J()irA Date: To: copy: From: Subject: Dear Mr. Bodie, Denora Water Technologies is the sole manufacturer of the Clortec Onsite Hypochlorite GenerationSystem, inclusive of any new equipment manufactured by Denora Water Technologies which works inconjunclion with and/or is compatible with the clortec product line. Kyle T. Cook Eastern Regional Sales Manager De Nora Water Technologies Wt,art,now a De Nora cornparly arrd we art, ,,De f{ota Vvalef tecl,,nologies Brisrness [Jnrt' our (onrpany rs changrrrg name anci rhe r\ew nam€ !harr be OeNora Water Technologies Iexas LLC(F.ormerly Severn Trent De Nora Texas, LLC)1110 lndustrial Blvd Sugarland IX 77478Direct:+1 l28tl 274 -6270Fax:+ 1 (2871240-0762 www denora com 3 October 2019 Mr. Gene Bodie Augusta Utilities Augusta Georgia Allen Walker, Templeton & Associatcs Joe Kelly - Temsco Kyle T. Cook, Eastern RSil De Nora Watwer Technotgies Clortec Excluslvity for Georgia (') oN at)N \l ot-8=ud!EA= HHH trED ErSEHgEE z Eor +lDzlolblql =lBl'tl 'tr trtrD I el\J TN, .Y \l ;talLJI OI ; ,l I \l sl >lcat6lqrlFIthlIIJI =lolE:Id,l lEl IgllEll'ElIEIt-tloll;t'Elol-clololo-l>t-l 8l5l EIo-lol olEI =lrlol :lolo,lclrl(Elgl EIo)lol orlcl Blol-c.ItlulEI(!lqlol(Elo,l EIolil o, I>tml.clalolEIel(JIol 6Jl_t OJIotolo-l>t:lclo)lalol o.l Ie I :r7 - 7. IL 7 7_ e- G-\.\-3 E E c)=iids)o<an->gE =aCE \JE ,r,cO .1 =E F e' '.Eu;E; g Ej> o O (^ Esn ns 2o -lBHr3=EE DD trD UJ<9-*E Egfi= DDEIE FzUF,ntrt H,E3E t]tr ED F2lrlE,ziro f;ELl (,r EgFE -!$ =.rt =os+a= (, 1_I !l z l! ooN 6o ,: iF 4"i*='-rrLCl-z- f:=!.: S) f rf NORA De Nora water rechnolosies 1'l 10 lndustrial Blvd Sugarland TX77478 Phone : 8OO-524 $U2 (Clortec/UAT ), 50$343-0090 (Miox ) F ax; 28 1 -27 4 -&425 (Clortec/UAT), 505-343-0093 (Miox) w01729 AUGUSTA- RICHTIoND COI.,NTY 535 TELFAIR STREETSUITE 8OO AUGUSTA GA 30901 USA Texas, LLC OUOTE NUMBER: PAGE: QUOTE DATE: EXPIRATION DATE: AUTHORIZEO REPRESENTATIVE: TERMS: QUOTATION QP06253 1 to/03/\9 ot/3t/20 NET 30 DAYS o'"*'1-'_11 _ 11 I oEsc::P'oN 1.000 cT5-07508-1.EA CELL, ASSEMBLY, CT75O, DRINKING/NSF, CUSTOMER'S ACCEPTANCE OF THIS QUOTATIONIS EVIDENCED BY THE SIGNATURE APPLIED HERETO A}ID CONSTITUTES A CONTRACT TO PURCHASE SUB.JECT ONLY TO THE TERMS AND CONDITIONS PROVIDED HEREWITH. AIVY CONFLICTING TERMS AND CONDITIONS PROVIDED BY BUYER ARE EXPRESSLY DISCLAIMED. SIGNATURE: DATE: * Count.ry of Origin: USA* Sch B: 8421.99.0040*ECCN: NLR- E.A,R99*Lead time: 4-5 Weeks ARO.* EXWORKS, our crating company. Houston, TXIf you wj.sh Lo order the part pleasesign the attached guote and provide your PO number and BiIl and ship to addressEo avoid approval delays.**Availability is subject to prior UN]T PRICE 65,2),6.00000 l{Er ^$our{r 65,216.00 @ f )[ NOR A De Nora water Technotosies 1110 lndustrial Blvd Sugarland TX77478 Phone: 80G,524€542 (Clortec/UAT), 50$343-0090 (Miox) F ax: 281 -27 4 -8425 (Ctortec/uAT), 505-343{093 (Miox ) w0l ?2 9 AUGUSTA- RICHMOND COUNTY535 TELFAIR STREETsurTE 800 AUGUSTA GA !O9O] usA or rtl1ll1 rrEil oEscRrProN Bale r r Minimum order of $S0.00 reguiredStandard documentaEion and packaging areprovided. we cannot pack to militaryspecifications nor do we offerbar- codj.ng services .$50.00 charge per CerEificat.e ofConformance. If Ehe requesE is receivedAfter the order is shipped the chargel,Jill increaEe ro 5100.00.Seller may freely assign any orderissued by Buyer to any of Seller,saffilj.ates, and shal1 notify the Buyerof same, at its option. Seller reservesthe right to manufacture, or !o havemanufactured ar an affiliated facilityworldwide, any of the products, in wholeor in part, associated wit.h an orderiesued hereunder.Per att,acheci De Nora water TechnologiesTexas LLC Terms and Conditions EXW (Ex-liorks) : Sugar Land, Texas i7478u. s. A. Regard6, Herbert R BarbeeInside SaIes RepresenLativeDe Nora Water Technologies Texas LLC Texas, LLC QUOTE NUTIBER: PAGE: QUOTE DATE: EXPIRANOil DATE: AUTHORIZED REPRESENTAT]VE : TERMS: QUOTATION oPo6 2 s3 2 to/ ot /ts ot / 3r /20 NET 30 DAYS UNIT PRICE ;;il-l S: r l[:: NoR A De Nora water Technorogies Texa+rt-:T[: ll$#"'."ff'r'#tt or,$ro*i'l*' ?lri;?.0,',iifr lfl 3,f,[1,t,*ilJ;r.1ili$?$l$|,,n,,*ongeoie"RESENrATNE: wo1?29 lYt'?lhlii'HP""io*' 1Bll""'lo3^ ,"" lrsA QUOTATION QPo52s3 3 1o/03/19 oLl3Ll20 NET 30 DAYS UNTT PR]CE ;,qNET oUANTTTY ' um lTEri ' DESCRIPTioN Pi rect : -, 1^. I ?"r'no'-'r\Zr'n' n Fax: +1 (2911--';:ri.l6autota.com Emair : Herberc ,iii.ff,,;;;;i" . "o*v,tebsite : httP I Sale Amount: Sales Tax: rotal "-:::; ' :H::"I"l.:.::llii.i;ili;#::.',.",:*:iilliii,l?"1,:3:I"""' "= "t"t"a. 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FtyA 6 awrin8 rad lry Hh P.dd io co.t. d d.rl6t d Fddmft. d urlc o, r.* nry b. ud to mcdrt rh6 Cdra It* h&ra (ora altEt reurld to h crF6{v rEFd.d Inlolbr Cdtilr .'. .iF6rv fto@.td h.d br rd.ffi. ; ir oritidy rEld ban lb lQetn l.C!{c rU h rh (aad ran d tM Cotrd lh l.nw. 6 t* p.n d .ah ?any !o .nld(. rr. .thu il lo ff, p.ovk lE- tul d h@td.r . rrn d 6! rthh b dd@ sh Fdo6 h tk toloE ihrd.i rtu olrhr hr.(r ld .ry r.M b *d..d n# s W. $6 Hrdon sl d .id krm..q D,o{Si d rFr Cd.d trt N r.trh in llIl*..d t{Ld Pur.bln rEr M.rrro Fd.ry oE, t.ntl.r d ihECdr.d dthBr 9lGr'r prp, ndm.@d P!'&.s *r6d&!!E rbi 9b B h .dtb ro .!ela!6 th h#. .r .ry ot ir or dt r8,h6 txrilh ffif & tb Cfftr.d q h..rrtd to rd .ttld..wdqt rE ro.ffi d Pu.(B!r rU @r& [ d.rd & r*1, hfi,.d ay b6ld(.d 6lv br. rh k.Mrr .Fd !.1c.. d thB Cd.- Nr nd b C.d ro .r.& .ry,Nh$ m h.C f nc, tu6q .urtffil, .sb.odrtddt d dru6 d tu tu.&nr, d to ara.tc ary dla.n6 ro -t crd1SrdF46 tur t.rshld. ruffil, o fudr6 ol tb t..ffi Fan dr FFaLd rotr ly ar . (qnoy dth tm1 ta ldh hdae d h IrtBb Etio^ hr6t. tilI tMn & i* tul lore d.ffk d * Drft& abOE.ny q(h trailiton. rm.ry, d &npt6^ Commission Meeting Agenda 12/3/2019 2:00 PM Sole Source Procurement of Replacement Parts for Hypochlorite Generation Equipment Department:Utilities Department:Utilities Caption:Approve Sole Source Procurement of Replacement Parts for Hypochlorite Generation Equipment at a cost of $109,768.00. Background:Augusta's two surface water treatment plants utilize a technology which allows onsite generation of sodium hypochlorite, which is used as a replacement for chlorine gas as a disinfectant in drinking water. DeNora Water Technologies manufactured the system used at both of our facilities. These units require periodic replacement of generation cells due to normal deterioration of the electrodes. The purpose of this procurement is to purchase replacement cells for one of the units at each of our surface water treatment plants. We have received proposals from DeNora Technologies for each of our systems and the total cost is $109,768.00. Analysis:This is a replacement part for an existing piece of equipment which is proprietary in its design and construction. The only source for this procurement is the equipment manufacturer. Financial Impact:$109,768.00 from budgeted funds. Alternatives:No feasible alternatives are available. Recommendation:Approve the sole source procurement of a replacement cell assembly from Severn Trent Services at a cost of $109,768.00. Funds are Available in the Following Accounts: 506043520-5425110, 506043540-5425110 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Commission Meeting Agenda Commission Chamber - llll9l20l9 ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; B. Williams, Garrett, Sias, Fennoy (participates by telephone), Frantom, M. Williams, Davis, D. Williams, Hasan and Clarke, members of Augusta Richmond County Commission. INVOCATION: Reverend Andy Cook, Pastor Covenant Presbyterian Church. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE TINITED STATES OF AMERICA. RECOGNITION(S) October 2019 Employee of the Month recipient A. Congratulations! Ms. Sallie Blandenburg October 2019 Employee of the Item Month. Action: None lE ItemAoorovalsheet.html Motions Motion Motion Textlype Presentation is made to the October 2019 Employee of the Month. CONSENT AGENDA Made Seconded Motion By By Result (Items l-25) PLANNING 1. FINAL PLAT - MCCOY'S CREEK SECTION 5 - 5-900 - A request for concurrence with the Augusta Georgia Planning Commission to approve a Commission Meeting Agenda 12/3/2019 2:00 PM Minutes Department: Department: Caption:Motion to approve the minutes of the regular meeting of the Augusta Commission held on November 19, 2019. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 12/3/2019 2:00 PM District 6 Appointment Department: Department: Caption:Motion to approve the appointment of Mr. Edward Lowery to the Augusta Animal Services Citizens Advisory Board representing District 6. (Requested by Commissioner Ben Hasan) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: HOME PROGRAIVI IIOMEBTryER WRITTEN AGREEMENT Nq$q[ TO, EOI$EUYTR: This AGREEMENT contairs a nrmbcr of roquircmson ],ou Eurtfuifill in erchange fur the &dcral assishnso yDu arc reeiving tkough thc Home lnvestmeot Prtncrohipr hogram (HOME Plogram). Bc urre to road ach paragraph carofirlly and a* qucetioru rcgEding any ooctions ]rou do not ftlly undcrrtnd" This AGRBEMETIT will ba cnftrceO by a forgirmblc loan and mortgage as gcf forth bolow. You should be surc that pu thorougfty uoOcrcdnd thosc docum.enb beforc pu eignthcm. TEIS AGREEMENT, nde md Grrtcrod into ftie -!- day of ..I-{O!{EIAER"_* 2019 by mdbetwccn BFA\IIAI,IilNq hcrcinafter rc&ned to as *BORROWE&'8nd AUGITSTA HOUSING & COMMITNflY DEVLOPMEITIT having ib principal offioe at 310 Fuwlckr Augurtr, Gcorglr 30901, hprciDaftsr rcferred to as "LEt[DEB.." WEEREAST sa -- , the Leoder agreed to pnovide to thc Bonowcr fiaandal sssistancc to bc usd in pu$uit of the prrchasc of certaia reat prcp€rty hrreafter dcscribod: Mrn Percelf 3&2.{}7*{l(Hl and 2t07BoydSt. Ausurt& GA30907. WEEREAS, a pcrrccohge of said fnmcid aseigtanco was provided inthc form of a Fo,rgivable toa& her€inaftcr referred to as a "LOAII,'with said Lombang in thc anorffi of Trentl I'lve lhourrnd fl)1100 ($25.0fl0 _, subjest to thc coodition thst the Bonowcr cxosutos this Agrocmcnt. WEEREAS, the Forgiveooss Iran i8 fiDdcd by the U.S. Dcparmeat of Housiqg and Urtan Devclopmeirt (teneafts HUD') viathe HOME Inrrcstusrt Pafincrship Plogram (hcrcaftcr "HOME Progrm), md rcttictions apply to the Botmwpr r+'teo partioipatiqg in the City of Augusta's Forgineneos Inm Program. NOW TEEREIOR$ in oonsidcndiotr ofthe caid Ioan and in acoordance with the provisions of Stato of Gmrgia Stafiros, thc partics do hcrr6y ryr€o ar follows: The Bonower oorrenants md agrees with the L€od€r to adhq€ to the followiag HOIVIE Program Restrictions imposed on thcrn for &e fcdcral assistance providcd; Afiod.Hnh'Pertod You mrst conply with he HOME Program'o period of atrordability. Tte psiod of aflordabiHty for tho home will be 20 ),ert, basd on the amount of the dfuact sr$erdy to the HOMEBLIITER- Diriqg this 29 yor pertod, the HOMEBLIYER mu$ EsintEin the home as his/hcr prhdprl plrcc oi rerldencc d all times. Dudng thir time thc rtcapture rcs6iction is eftctive and requirre *i UO16 fuDds thafi were providd for &e purobrse of the home to bc rrpaid to the Aty, inctnaiag principal, ShantB Kiqg 2807 Ro)al St, Augush, GA 30907 HOME Progrm -Homobuyer Written Agroocnt Pago I of5 itrt€rcst' lde fees, and othen ciharges, if pu do not ocorpythe prroperty as )our principal midcooc or if,ou rcll or trmsftr tho propertr. tt4rdnum Sdsl Prisq lts fmnotV may oot bavc_a purchasc pflcc fo tlrc t1p of singlo frmily hor8iqg that excseds gilo/o of6e modian purch$o price for tbo ma" It has becn vcrima rut Ue p,rr.ha$ pri& of the h",rdrg a;not cxd 95 paccnt (95W of the mediao purclssc pioc of homa ibr Os ariu" as sGt fr(& in Zi CfnPrt9225\a). Tte maximru purchase price is as fullowr fur the Augusta RiclrmoDd County GA: Auonlrcd oroocrtv ldue Tbc AWARDEE certifes that a ccrtifiod pnopcrty appniscr hrs appraised the prroperty ttd is tbe $rftjed of this AGREEMENT at a valuc of $MQ1lX)q Prlndpd r,eddcJrce req Elremcnt This agrommt shall rmafu in forco throughorf es aftftbility paiod as lo4g as ths homc rpmrirg thc pincipal rpsid0nca of the HoMEBTIYER should thc HolvrEB[IyER aot msiotaia thc home aohis/hEr priacipal rwidcnce, or rcnt or scll the residcncc to another party, thc HOMBBIJITER will be inbrcErh of tlris agroemat-and *iU !q roquircd to repay the aoounfawate( as of thc rlay tho tromc irao lgngJ the prinoipol place of reaid@ce of the HOMEBTIYER If the hsme is sold to mothcr prrty, the liability of fte HOMBBLII|ER will be limitod to the amouat of thc net procoedr of the safc iu #forthbelow. BecrntuqG A,,f;refnrGFt fuerry"rlnrrr4ls This is a mechauim b recapture all or a portion of the d*q HOMB otrboiily if the HOME reipimt docidee to sell lhe horue Eithin the afrurdability p€riod at whatsver pnicc th! ma*et will bGar.'iXcrecapurea firnds will comc from thc na plocccds if availablo. Any nrcu rrparr-ent as roquirod rhall be 68do to the Leodcr no latcr thrn thirty (30) dayg folon'iqg the astior that;eilirc t" *e.,mcnr- ShEntEKitrgzSOTRoF St, Augpsta, GA 309tr/ HOMB hogram - Hom*uycr Writtm Agrommt fEA IJDIb PreEcouornlc Stlmnlur Ast Unrdfurted MGdlu Vduo Pagc 2 ofS Oblbetlon of.Beoerment As sccurity of Bonower'r obligaion ofrcpalmcng urd subjoct to thc tlrms and oonditions of this fuIEoEd, ths Borrcwcr grants, and tho L€ndtr shdl a5d hcr&y does havg a liea ou the real ese16hcncfutafrcrdcscriH in the firll amorurt noccasary b sEtisry raid repafmeot obligatioa aad thc oogt, inelrfding rcasonable atonrcy's fccs, of colloctiag the samc. ftc real cshts eubjeot to said lien is togllly dcscribcd ar: ALL THAT LOT OR PARCEL Of I*ND, Bifiutcq lying md bcing in the City of Augruta, Richmood County, Goorgia bomded Norrth by Whpcle Road., the South by Ilazei Shoeq thc - East by Pechhoe Roa4 and tho Wct by Bcrry Shoet. Parpel # 033-2-075{0{. nopcriy rcoodod ag 2807 Royal St, Auguta, GA 30906. ft'ometly after ths dato of any ealg trmsfcr or other convclnlncc of thc abow deccribe pnoperty, or ia the cvcot of a sde by contact for dco{ at tcast t@ (10) dsys trtor to the dato of suc,h sae; q ifAe piopetty shall cease to be the Botrcwer'g prtdprl plrcc of rcrldenry, the Bonowcr or hierh6 hci6, €rwutorq or rqrescotativco "hall give the leoder noticc thcroof, In thc svcnt the Bonowg orhir/hcrhcirs, cxccrrtors, or rcprcscntatirrcs shall hil or reft8e to make a r€quird palm@t witHo said linitcdpcnioq the Londcrmay, with orwithoutnoticeto the Borrowa, forpoloso said lieo in tbp samo tuartr€r as m action of ths foroologuro or mortgagcr upon said rcal cstate, as providod by Stato StBtuG. O*lerlhlo of Proocrtv \ You mrut hold fcc eimple title to the propcrty prnchasod with HOME firnds br the duration of ;oqrForgivencss [.oaD" Ure of EOME fuudr The HOMEBLIfER qgr€s tbat the HOME asgistarce will be usod to lower thc oost of the ho,rre byproviding doum Pqlment asoistaooc. This wifl r€&lcc the salca pricc of the home to th; HOMEBLIYER and r€&rce the total aoountthe HOMEBLIYBR will be rcquiredto bonow in orderto purc.harc the hom€. ,L ,**Ittitilzts Eourshold Incou€ |oy mrst be an cligible $usch9!d foou€h thc time of filing a loan aplication with the City or othcrlmder to the escrcw closi.E of thepurchasc haDsaction. Incomo aiEUitity mcgus th"t rc* aonualgrose houschold iocomg adjustcd for houscrhold size doea not exoeed agfuty pcoat tiOyO of thsAugusta.Aiken mediaa income, as estEblishod by HLJD. ShsntaKing28O7 Ropl St, Augugta, GA3(DO7 HOMB Prcgram - Homebuyr ftifi€n furoemmt Pagc 3 ofs Inrunnce roqulrcmeirt The HOMEBLIYER must Et all times during thc duration of this AGREEIUEI.IT mainhin a ralid and ctreot iosttrecs polioy on tho homo for tho ctrntnt rytraisd or assasod value of the home. Failure to mahtsitr a valid aDd surrcot innrrmcc policy will bG oonsidcrod a brcach of 6is AGREEI{ENT, and tho AWARDEE will havs the rig[t to forcclosc on iB DtrtgEge lico if nsoessary to protoct tbs HOMB Pr,ogram inrruhent. PropertY rtudrdr Purgumt b HOI\ilE Prograor nrles, trc psop€rry that is fte oubjeot of this AGREEIUENT murt meet all State and looal housiqg quslity gtaodrds ad @do rcguirematr. If no guch gtandarrds or codcs rppty, thc property mrut at g minimunr mest the HUD Section 8 Horuiqg aua[ty S'm{rdr/unifrm Phyoioat Coaditioo Standards. femUanon Chue Ia the evmt of futclosurG or dod in licu of furcclosur€ of Prior Seourity DcGq anypnovi*ioms hemdn or aoyprovisions in any otha collat€ral agrocmeeit rcstictiagtheuee of the Prorpertyto low or alodcrateincome houscholds or othenrrisr resnictiqg the Borower's ability to scll thc hoperty rhalt have no futher forcc or eftct. Any penson (inchding hir succ€ssors or assigur) r€cciyiqg title to the Pnop€rty trrcugb a foreclogure or dced in lieu of forscloruro of a Prior Sesurity Dood shall r€ceive titlc to the Pmp€rty free and clw fiom guc,h rcsfiiction. F\rthcr, if any Senior Lieir Holdcr aoquircc tifle b ths Hoputy pursuant to a dccd in lieu of foreolosurc, thc lico of this Socurity Iastumcnt shall autmatically tcrminatc rpon tbo Senior Licn Holder's acquisition of title, provid,ed thd (i) the I€Edtr hns beco ginenr rniten notice of a dcfault undcr the Prior Sesurity DGad and (ii) the Lender rhnll not haw srrrred tb€ dcftult undm the Prior Socurity Dcod within the 30daynotice senrtto the Leirder." Ihis furcemeut shall run with the aforqrrcntionod rul ectatp aod Bhall inurc to the banefit of aod bc bildfutg rryoa tho parties hcrsto End thdr rospoctivo hcire, sx.cstrtom, repescntativcq gucccesms snd assigpE. If at any time tbat the City r€alizos that pu have frbificd any dosuncntatim or information, you rnay bc rcquired by law to pay the full mormt of subsidyprcvided 3\ 'uYerlnttbts PSltPFTch".t*Rtrpf r*c-mel! Homowncr must attmd a Pogt Homeowaerrhip Qeumeling cla$ ard submit a oefiificrto of completim to AIICD withi! tte firgt two pas of purchaaing the housc. AHCI) will not rclcase thelica on tho propcfyundl this tas becn mct. fur*rlntttats Sbants King 2807 Rofal Sl Auguetr, GA 30907 HOMB Progrm - Hoorebuyer Wrifr€n Agreeinat Page 4 of5 wEEnEof,', the Borrowahas exocutod this Forgivcocss l.oan Ropalmcnt Da,e ]| )rlfl Subgcribed and gu,orn to bcforcme My Commieaioa Expires Notary Signaturc IN WITIIIESS WEEREOF, tho parties havc sct th€ir hands and scals as of tho dato first wrifi€n aboYc: AITEST: AUGUSTA GEORGIA (Ihc city) Alproved as to fr'rm: Augt stq GA law Pc,partncat By Date: Hardie Davis Ar Ldayor By:Dato: Janig Simg Ae lut€rim Administator Date: _ ..20-. .20-. By: HawthomeWelcher, Jr. Ae Diregtor, HCD SEAL Lena Bonnor As ib CIc* Sh&taKiqg2807 Royal St, Augrrsta, GA 30907 HOME Program - Homcbu5rcr Writtoo Agreement Pags 5 ofS EOME PROGRAI}I EOMEBTIYER WRITTEN AGREEMENT f={gSIq,E Tq EOIVTBIIIffiB: This AGREEMENT ooDtairs a mrmba of rcquircnnens 1ou mrutfulfiIl ia erenaoge for &c ftdral assistatroo you aE rccoiving through ths Hoae lnvcsffimt Partnaships Program (IIOtvC kogran). Bp nne to rcad eac,h par4raph carefully Ed Esk qrrestioar rcgardiqg any scctions )ou do not firlly undcrstand. This AGREEI,IEI{T will bo enforced by a forgivable loao md mortgagc as set forth betow. You ehould be surc that pu tho'mugbty urdcrctand tbesc dosum€nts befut )ou sigp fta. TEIS AGREEIITENT, mado aod entsed into trir lL day of . .,,.NO\IEMB, ER ,2019 by and betwcen Dd{* Smfth hmeinafter refercd to as BORROWE&" srA fUC-UStf UOUSING & COMMITNITY IIEVLOPMEI{T baving iE prind'ipal office Et 510 Fenwldq Augurtc, Gcorgtr 311901, hercinafter referred to es "LHrIDER." WEEREAS, on , tho Lends qgod to pnovide to the Bomower fiomcial sssiststrcc to bc rlscd itr prilsuit of tlrc purohase of oqtain real prcpcrty hcncafrer described: Mfq,_P,+rcct#.99?:1-10&UH! aad 2557 Dover SL Auqtlrh" GA 30906. WEREA$ a pacentagc of said finmcful assistmao war providcd i! thc furm of a Fo,rgivable Loq hprcingftsr rsfcrrcd to as a "LOAI'[," with said Lom bcing in tbp mount of Twmtt Fhrc Thourend 001100 {$2j,{X}0} , subjcct to the oonditioo th* &e Borrower erocutes this Agrecment WIIEREAS, the Forgivcncss Ioao ig ftndd bythc U.S. Dearhsd of Horuing ed Urban Dwelopmront (tereaftor HLrD') via the HOME Invcs&cnt Partncrship Plogram (h€reafrEr T{OME hogram'), and rcsEiotions apply to the Botrortr wton pailisipEting h tbc City of Augrrsta's Fo'rgivcacss loan hogram. NOW THEREFORF,T in mneideration ofthe said Loan aad ia accordaace with the proviaions of Statc of Ooorgia Ststu€s, the partiee do herr6y agroe as follows: ft,c Bmowcr covmants aad agrccs with ttre L€odcr to adhcre t0 thc followiug HOME Prograrn RestrictioDs inposod om rhcrrr for the fedffal assisuacopmovidd: Afiordrblltr Per{od You must ffiDply with the HOMB Progrm's pcdod of affodability. The p€riod of atrordability for the hoqe will bc LlQ yeare, bEEd on thc amouat of &e dircct subsidy b thc HOMEBLIYER. Dldng thie !q ycar podod, the HOMEBLTYER mu* maintain ftc hsmo as hia/hcr prlnctpel plrcs of reddetrGe at all times. Durtng this time thc rccapturc rutiction is oftdive and requiroe dl HOME funds that wero providd fm the purohaso of the homo to bG r?aid b thc Cty, inolding FinsipaL Dddrc Smith -2557 Dover St Augusta, GA 30907 HOI\ilE Prcgram - Homebuya Writtun furoeoart Pago I of5 fut€rest, late ftes, and other &arges, if pu do aot occllpy the property as your principal resid€ncc or if 1ou sell or hansfer the paop€rty. Mrduun Seb Prlee fne prynertf may mt have a purchase prioe for tho type of gingle frrrily housiag that ercceds g}o/o of the medim purfiasc prtcc fu the arca It hrs bcqr vcrifid trd tfie purclasc 1rrrce of the houiqg docg not ex,osod 95 percat (95yo) of the modie purchase price of homos frr the uea" as sct forth in Zi cfn ?act9225a{$, Ths maximum purchaso prioo is as frllows for thc Augusta Rie,hmord cormty GA: rEA i NryHona -__ s 1t2,@0 s {3g.qo0 $ 240,000 Aoornbcd Droncffi rnlne The AWARDBE ccrtifies that a c€rtifiod Fup€rty appmaieer has app,raised the propcrty thct is tho subject 6fthir AGREEMH{T at a va}ue of S, hdlelnd rerldeucc neoulrcmput This agreemat shall r@Ein iD foroo thruughorf the affordability paiod as long as the hsmc r€rDains the pincipal rwidence of tho HOMEBTIYER. Should tho HOMEBLIY-ER not maintain tho horne as bis/hcr priocipal residcaoe, or rcot or scll the rcsid@cc to anoths party, the HOMEBLIYER witl bo in h€dch of ttie agrocm@t and will bc roquirud to rcpay thc mount awardcd, as of the day thc home is no loqger ho principal place of reideaco of tho HOMBBLIYER, If the homs ic sold b oaothcr prty, the liability of the HOMEBIJYER will b€ limitad to the uormt of the nst prooceds ofths ealc aB E€t forthbelow. Rocmture Aercenctrt fhig is a Eoc'hani$n to rccapturo all or a portion of the dr€ct HOME nrbsidy if the HOME rocipiot dcddcs to scll tbe bousc witbh the aftrdability pcdd at whatevs pncc ftc ru*st wiU bffi. -Tho Iecaphrcd t rdt will como fiom the net pocecds if available. Any such repaymmt as regtrircd ohdl be made to the Leoder no later.hen ftlrty (30) days following the action that r€quirc the rcpeyncot, Deidrs Smith -2557 Dovq St, Augruta, GA 30907 HOME Prcgram - Homebuyer Writt€ri Agreernent $ 221.000 i 0 274.0fi1 , Pagc 2 of5 Obllsrdon of Rsp.Yrmt As secutty of Bonrows's obligatiou of rtpayrmcnt, and subjeot to the t€rm8 md conditiong offtis Agreemeof thc Borowcr grants, and tho Lender shsll andher&y iloee havg a lico ou thercal cstato herciufrErdcscribod in thc full amouot noccssry to sdisry eaid rcpalmcnt obligdion ud the coef inchding rreasonable attotuoy's foes, of collcctirg tho s8me. TbE rel estd! nrbject to raid lien is logallydcoribod as: ALt IEAT LOT OR PARCEL Of LANI), situmd lying and behg in tha City of Augrrsta, Richond Corurty, CorgiaborrodedNorl[byMileo Sfiect., the Southbylynan Shcct, &o Eastby Fmhun Su€et, aod the WcstbyDeansbridgc Road. Pmcel # 87.1-108-00-0. Propcty reoorded as2557 Dover St, Augush, GA 3806. Pnoupfly after the dato of my salc, tsuns&r or orthcr oonvoyEnse of the above describc property, or in thc went of a sale by oonhast frr de€d, at leagt teo (10) dayr prior b tho date of such salolor if the pmpcrty shall cease to bc the Botmwpr's prhdpd phcc of ruldcncy, thc Borrowc or his/hcr hoirs,q,wutors, or rcpresatativq ehall give the lmder notise tbcrcof. In thc went the Borrower or hie/bm hsire, executorq or reprerentativee Ehdl ftil or rcfrrse to make a rcquircdpaymelrt within said limited paio4 the Lendermay, with orwithout notioeto tbe Bormwcr, forcclosc said lico in thc Bamc mmncr as an astior of thc forcclogure or mortglgsr qpoo caid real estatE as providod by Stato Stdue. Ownerrhb of kooertv You rrust hold fco eirTle title to the property with HOME fimds for the durdioa of your Forgivcacss Loar Ure of EOME fuudr Tho HOMEBLIfaER qgrccs that tbc HOME assiutaacc will bc uscd to lowcr ths cort of tbe hme byprovidiqg dowu palmmt assistEns€. 'ftis will r€duce the sale pnce of thc hme to th; HOMEBLIYBR and roduco the total amouot tbo HOMEBIJYER wiU b€ rcquircd to bornow in order to purchasc thc home. ' M'onlnit,,ts Eoruehold Income You mrut !" * eligiblo hous€hold 6rcugh the tims qf ffling a lom applicatioa with th. Cip or other l€ndcr to thc ooclow olosing of the gurc,baso transarfion. Inoonrc alfiUliry moans that pur arEralgroar bouoahold inoomc, adiust€d 6r house,hold sizc docs not orcoed oi$ty pucot (S0y") of tho Augusta-Aikan modian iDpsmc, as stablirhsd by HLJD. Dcidre Smith -2557 Dover St, Augustq GA 3$02 HOME Program -Honebuyer Wrifico Agrc€mcnt Page 3 of5 Irulruoe requt'tnont The HOMEBLTYER mrut at all tiaes during tbc duration of this AGREEMENT maintaia a valid aod sulreot hsurancc policy oo the home for the surout Wraisd or ass€Bged ralue of tho home. Faihns to msintaio a ralid and qlrrmt insuranco policy will be cmsidcr€d a hreach ef this AGREEIyIENT, and tho AWARDEE will have trp right to foleclosc oo its mortgrge tien if trffisary to protod thc HOME Prcgm invcetment kopettr rtrndldt PurstuDt to HOME Progran rulcr, the llr,opcrty thd is tho rubjoot of this AGREEMEX$T must mcst Ell Stato aod locel housing quallty standsrds and sodc roquircmar. If ao sugh standEds or oodcs apply, thc plopcrty must at a minimum msot tho HLJD Soctioo 8 Horuiag Quality Stardads/l,Jniform fhpical Coadition Stmdmds. Termlnaflon Cbrue In the went of foreclosrre or ded in lieu of forcclosure of Prisr Seority Dec4 anyprovirions hffiin or anyprovis'ioDs in ony other collafcral agrccmcnt rrsficting thc usc of the Propaty b low or modeiaeincome housoholds or otherurise rcsEiotiag the Bononrer's ability to gcll tbe hperty nnnU havc no fintha force or cftct" Aay person (including his srcoosson or assignr) roceiving tittc to thc Property through a frrpclosure or dcod ia lisu of frroclosuro of a Prim Soorrity Dsod shall romive titlo to the Propcrty froe and olearfrom guch rpcfiction. Furttrc, if any Scnior Lic,lr Holder aoquir€s title to the Propertyprrsuant to a deed in tieu of fr,rec,locure, the lieir ofthis Scsurity Instnrmcnt shall al&Eaticallyternrinate upoa tbe Scnior Lien Holder's acguisition of title, pro'vidd that (i) thc I.codcr bas bcco givcn writtcn notice of a dcfault rmder the Prior Sesurity Doed.and (ii) tho L€ndEr shall not harro ornrod thc d&ult under t[e Prior Seruity Ded wi&in thc 3Hay notice sc,nt to the Lmdcr.' This Agrewrcrt shall run with thc aforcmcntioncd rcal cstatc aod shall inure b thc bcnofit of aad bc biodiqg upoa the parties hergo and &eir rerpestivo heirq etrffimors, rrprcsentative, sumoseors and assigns. If at any time that the City realizes that you have falsifid aoy doomcntatioo or infurmation, )ou n6y bc rcquird by law to pay the fuIl mrouat of eubsidy prrovided" *tr =&J Buyer Initiats Pot krchgo Reoulrcneut Homeownpr nrut attend a Post Homeoumcrship Couosaliqg olass and sthmit a certificate of completion to AIICD within the firtt two yearr of purchasiqg ftc housc. AHCD will not release thelim on the pqpemy until thir r€quircmeril hqs bm m€t _\^ ll*>-t ryo lrrifrats\*:# Dci&e Smith -2557 Dovcr St Augusta, GA 30907 HOME Progrm - Hmcbtrycr Writte r egrocmat Page 4 of5 wrrNEss WHEREOF, the Bonowc has qoqfrod &is Forgivmess Ioan Rryayment It Darc t tl tol tq11 Subsoribed md swom to befor€ me 20 My Comirrion Expires 20_, Notry Siglsture IN WIIIIESS WHERF,(IF, tho partios have sd tbir bmds and scals as of tho dsto first writa above: ATTEST: AUGUSTA GTORGIA (rhe ci$) Appuved as to form: Augimq AA l.atr, Dqeartmat By: By:, - Hardie Davis As Malor ianis Siim fu IntErimAdndristator By Hawthornc Welchu, Ir. As Dircctor, HCD SEAL Lena Bonncr Asits Cl€* Deidrc Smith -2557 Dover Sq Augusta, GA 30907 HOME Prcgram - Hom*uyer Wrifico Agrm€ot Ddo: Date: Dalo: Dat€: Pago 5 ofS HOME PROGRA}I HOMEBIryER WRITTEN AGREEMENT This AGREEMEI{T aoatains E mlmbc of requirrmcob 1ou urettlfitt in crchangs for &o fcdffal rssistlrcc xru aro rcoeiving though m gme trnvcst,cotPrtnathips Prrogram (IIOI\E Plogru). Bc sute to rcad each pragrryt cuonrUy md ask qrr.rd;;rceEdiag any rcctions ,ou do not firlly rmdcrsuod- rtfu COnggtvGl\ff wilt tc r"fo.i.t Uv "forgivablo loa aod.Bffizus as sot fuh bslow. You should be $rc ftat pu thoroqghly *d.*fti theae docrmsrta befrre pu sign thcm. TEIS AGREEMENI, made aod mtercd into ftis..,!f day of *NOVEMB. EB . &lp by andbctwecu Ndhh Bekrr{ hereinsftsr refttrrd to as "BoRRoffiusnvc c COMMITNITY DEWOPMEIttTlBving its principal offioe at 510 I'cnwlck, Augut+ Gcorgh 30901, hcreinafter rdcm€d to as "LEI.IDER" WITRREAE, oa . the Lqrdcr agrred to prrovide to thc Borrowsr finsndel assistaoc. to bc usd iD pursuit oftbe purchase of cstain real pmpe.rty hctafttr describod: Mrp Prrcet # 151-2-001-0lF{} and 2tE9 Peeoerdlnc Drtvc EsoMbah..,Gfor+ir 30615. WEEREAS, a pccootago of said finnnsial assiEtanoc was pmvided io thp fum of a Forgivable Loan, hsreina$e( refered b as a "LOAI.I,'witr ssid toanbcing inthe amouat ofIhcun FIve Thoumnd 01V100 {$21.0fl11 , subjest to frc condition that tho Borrower exesrfrce this Agrpemcnt. WEEREAS, the Forgivencse Ioan is fundod by thc U.S. Dcparhcot of Houcing and Ulbm Developnnent ("Lercafrer Ht DT viathc HOI\,IE Investmcot Partnerahip Progrm (hcrrrncs.HOME hogrtm), and rcstictions apply to thc Borrower urhm prticipding in ttre eity of Aggusu's Forgivoosss toaa Program. NOW TEEREFORE in coasidmatim of tbe Eaid Loau d h acoodancc with the poviuions of State of Georgia Stafiros, tbc partioo do ho*y agr€lo aB followr: The Borrower oov€oanE and agrecs witb the l,eodcr to adhers to the folowiag HOME Program Rcstrictione imposcd on thein fur tbc fdcnal asaictmoe providod: Afiordrbllitr Period You mirst compty with fhc HOME Plogmar's pcriod of affodability. The poriod of afffordability for the lrsmo will be 4 f.oarq based on tho amouui of the dfuwt srftEidy to tno ffOfvgnUm- D,iriqgthis 20 ycar perio4 ftc HOMEBTIYER must Edntaia ftG hsn; as hi8/hcr prhdprl .pLce ;reddence at all times. Dtdng thie tinc the rucqture restristion is cftc.tivG ad-rGquiru aii UOfrg fimds tbst wcre provid€d for the purchase of tle hme to bG rcpaid to thc City, inchdiog principal, NAII.AI{ BAXARI. 2S89 PEPPERDINE DRI\B HBPTIZIBAII, OEOROIA 30815 HOME Program-HomebuyerWritesAgrcomeot pqge l of5 inter€8t, lstc fces, aad other chargeq if ,ou do not ooctrpy ec propcrty as pur principal rcsidacg or ifpu ecll or Eansf€r ths fpcrfy. Il{rdmmSds Pdse lhe nronertf may not have-a purcb"so ficc fur thc t)"c of singlc famity housiry thd cxooods 9ilo/o ofthc median purcharc pncc fur ths arq" It has bcco viifieO tt"t tc p,r.ha* prit of fu hr,rd"g d"*not erccod 95 percot (959/0) of tbc mcdim purrearc pice of hone ftr the aria, as sst fodh in Zi CfnPut92.25a{$. Ths naximum purchaso fics is ag follows frr the Augrrsta Richood Cormty GA: Untt#fEA Llnlb h,c.Econodc Stlmnhr AGt-2019 Ertditttfiinr : 'xffllfiffEi" l Urtt s 152.000 s 227.000 2 UDtt s 195.000 s 29L000 3 Unft $ 236,m0 s 3s4000 4 Urft s 29'1.000 s {36000 Unrdfurtcd Mdtrn Vdue s 16O,OOO $ 239p00 Appnlrcd orooertv rnluc ThE AWARDEE ccrtifiee thd a cgtifiGd prop€fty aperaisGr has appaieod tho popcty that is thc Errbject of frig AGREEMENT d a valuo of Sf,lg@,00, kindoel reddrpoe nesdlup.pt Ttis agrmcot shall rcmain in foscc thouEtout tre afrordability pcriod as loqg as thp hme rEoains tho pincipal rcsidcos of thc HOMEBLIrBR Should tbo HOMEBIJYER not mainrein thc homc as his/hqprincipal reidaco, orrtnt m scll tberssidmcc to another party, thc HOMEBTIYER will be h bleaoh of this agrpctncnt ed will bG rcquird b rqay thc mouat awarded, as of the daythc bmc ie n1 lgggthe principal place of reid€opo of the IIOIUEBLIYBR- If 6e hsme ir rold to raothcrI,Ety, thc UEbility of the HOMEBLIIfER wilt b€ linitod to thc aotlunt of the oct prccmds of the sals as sst ftrthbclow. M-tr*IntttalsRccrphre Aercsncut This is a mochanism to rcaapfire all m a portion of &s dircct HOIvIE subeidy if the HOMB rtciplmt dcoid€s to Boll the hsuso withh the atrordability pcriod at wbatsvGr pncc tbc ru*st will bear. -The rccapturcd ftills wiu come frm thc na pmoeods if avuilablo. Any uuer rcpalrmmt as rcquirod shsll bo mado to the Lcnder ao lator rfirn thirty (30) dayr following thc astion thEt r.iul* the rrpiyacor NAII,ATI BAIGRI- 2889 PEPPBRDINE DRI\Tq I{BPTIZIBATI, GEORGIA 30815 HOME Prcgnm - Homebrryu WritGo Agrm€ot Pagc 2 of3 Oblhrdon of Repermront As security ofBontwer's obligation ofrcpymcnt, and urdicot to the tprms aod cordidons ofthigAgf€cm€ot, theBotrowuEfar$ and&sLaderrhall andher$ydocohavc, alienonthcrGal eshe hcrcinafter describod itr tb€ fi:ll amouu nry€ssary to sdisfy Baid-repslmcot obtigatim -d t6 *3q inoluding reasonable attorney's feeq of mltesting lhe samc. fte reat-cstds cubld to Baid lien islqallydoscribod as: ALL TEAT LOT OR PARCEL OF tu\IYD, situate{ tyiry aod bciDg in tbo City of Aggurts, Richmood Col1!y_, Gcorgiabomdod oact by Choet Driva Parcol # I5I-2401+OO. prdrry ' rwotrded as 2889 Pepperdino lhivo Hqhzibalq Georgia 30gIS. Plomptly after 6s datc of any sale hmef€r or other oonvqnnee of &e abovc dcrcribc propcrty, or in the cvent of a sale by contac't fCIr d*q st tcast ten (10) daya pnor to the date of such rib; * iiift.prcpcrty sh8ll ccas€ to be thp Borowcr'g pr{ndprl plrce of ruidoncy, thc Borrowcr or hir/hcr hoir, €reqfors, or ruprocontatinoe shall givo tho l@dtr notios thGt@f. In tho wartthe Borrowcrorhis/hchoi$! €xccutom, orrqrxentativcs shall fril mrrfirsoto makc a rtquircd Palmqil within sEid linitld p€rioq thc I"cndcr may, with or withofr notioc to ihc Boaower, forpclose eaid lia h tho Earrc Eurncr as m action of fto frrsclosurc ormortgags upon raid roal cEtate, as provided by State StsfiE. OwaqtHp of Pnooertv You mst hold fcc eimplc titlc to thc popcrty purdarcd with HOMB firndo for the druuion of plr Forgivacss toan" ure otEo,ilF Snlll The HOMEBIIIER agrcs that the HOMB assistmce will bG usod to loncr tho oost of the home by Providing down paymeot asEistsocc. Ttfu will rcducc thc salcs price of thc homc to thE HOMEBLIYER nnd rodue the total amouut the HOMBBTIYTR will be rcquired to bomw in ords to purclasethe home. _&uyer Inituls Inrurrocc rsqulreEs[t NAII.AII BAKARI. 2889 PEPPERDINE DR[\{E, I{EPIIZIBAII, GEORCIA 3081 5 HOME Pmgrrur - Homebulm lVritrsn Agoment AE Eourcholdllcome You mtrst !u ^ €lidble hous*old erough tho time of filiug a loo applicdion with thc City or other lcadcr b the esomw closiag of thc purdase tsansastim" Incme eligibility mcus thrt p* ffiiualgrorr household incooe adjustd for horuohotd sizo does not qccsa dgtry pcrooot ticr.:t"l of thcAugusta-Aikcn median iaconq aa e$ablished by HUD. Pags 3 ofS ThE IIOMEBLIY-ER Eust d all times &rring ths durdioa of thir AGREEMENT mairtain a valid.rnd cufiEt insuancc polioy on the hoac for tb ctment applilcd or a$GsEcd ralus of the hom!. Ftihrc 16 mnirtqin a valid Ed curEot insrrrmce policy will bc ooosidmd a brcach of this AOREEMEhil' aod thc AWARDEE will have the rigbt b furscloso on ih mortgagc lioo if rcc€s8ry to Fotost thc HOME Plogru investmcnt. Prorertu ftudrrdr Pursuad to HOME Progr@ nrlcs, ftc propqty that is tho subjost of this AGREBIT,IEI.IT must rlest dl Statc and local horuing $ulity gtadards aod codcrcquiremeots. If ro $c.h shndards sr mdo ryply, me propcrty mrut at a minimum most tho HUD Scction 8 Housing qulity Standrrddtlliform Phyulcat Condition Stmdards. Termhdon Clrrue Ia the snot of forcclosure or dccd in lizu of fotpclonrc of Prior Scsrtrity Dsq uyprovicimr h€r,Ein o anyprovigions in my othcr ollataal agrmentrctfiicting thsrue of tho Plopcttyto low or nodcrat+inwnre house.holds m orthenuise rcsuicting tb Bqmwcr's ability to sell tle kopcrty shall hsvc no firthcr forpe or otr€ct. Aay pcnon (inahrding his suoccssors or asrigng) receiving titlc b the Property thrcugh a forcclonnc or dood in lisu of frrcclonrrc of a Prior Security Dced shall lrceive tifle b thG Prop€rty freo aod oleu fiom ruohrcgtsiction Further, if any Smior Lico llolder aoquirc title to thc Prropty prgruaat to a doed in liat of forcclosut, thc lien 6f rhis Sosurity Inshmcot +hrll artumatically t€rmin to rryon 6s Scnior Lim Holder's acquisition of title, pmovided thd (0 tlc L,€od€r has kn gvcn qilitEn rotioe of a dcfault undcr thc Prior Socudty DGd ard (ii) thp I-€od€r ehrll not haue qrvod ths ddarrtt undcr the Prior Surity DGd wifrin tbe 30{ay noticc sent to the Lends." This fureement sbdl nra with the aforqnotioacd rcal €stats aad Bhall iuur€ tD the beircfit of md be bindingtryon the.parties hwto and theirrcrpoctive hoirs, cxcofion, r€pr€s€otativs, succcssors and assigns. If t any timc that tho City rcalizts tht pu have frlsifid uy doormeotation or iafonnation, )ou may be r€quircd by law to pay the full amouot of snbsidyprrovided. NCI-r**Irrttots Pqt hue,hlro Roqulrencnt Hsnoowrcr mrut dtend a Post Hommwnctship Couosoliqg class and submit a ocrtificate of cmplotioo to AIICD within ttc first two yean of purclasing tho houre. AIICD will rct release &e licn on th,e prope*ty until this roquirrmcnt has bo€n m€t t46 ,o"r rnitists IN WTII\IESS WEEREOF, thc Bomower has Er(ffirted this Forgivenas l.oan RGpa)rDGot Agr€€m.cat. NAII,AII BAKARI. 2889 PEPPERDINE DR[1f8, HEPIIZIBAII, GBORGIA 30815HOMEProgram-HooobuyerltrrittcoAggcm€nt PqgG4 of 5 Ho!,EBiIYER (ICNATUT Snbscribedandswomtobsfot€ *" /l- t**-'e'U ,'l .201]7 . MyCommieeion Expires 2O-,. IN WIIIIIESS WEEREOF, the partics bavc sct their hands and scals as of the datc first writt€n abovc: Datc: rl Date: 1;1 1,, llt' SEAL LeoaBonnsr As its Clerk NAII"AII BAKARI- 2889 PEPPERDINE DR[\/F, HEPHZIBAH, GEORGIA 30815 HOMB hogram - Homobrulm WrittEo Agre€m€ot Page 5 of 5 ATIEST: AUGUSTA' GEORGIA(thecity) / I ;.?' Approved as to frn': :*|^.,1t 11[:.,.-l ,:r, - AEdr, cAji* oefimeot Commission Meeting Agenda 12/3/2019 2:00 PM HCD Approval for Homebuyer Subsidy (3) Applications Request Department: Department: Caption:Motion to approve Housing and Community Development Department's (HCD's) to provide HOME funding to assist three (3) low to moderate income homebuyers with gap financing, downpayment and closing cost to purchase homes. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 12/3/2019 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: