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HomeMy WebLinkAboutMOU BETWEEN AUGUSTA, GEORGIA AND SAVANNAH STATE UNIVERSITY, PHINIZY CENTER, TO ASSIST IN ACTIVITIES THAT ARE DESIGNED FOR STREAM RESTORATION IN LOCAL WATERBODIES MEMORANDUM OF UNDERSTANDING between Augusta, Georgia and SAVANNAH STATE UNIVERSITY This Memorandum of Understanding (hereinafter "Memorandum") made this _26_, day of _October . 2018, by and between AUGUSTA, GEORGIA, as a political subdivision of the State of Georgia (hereinafter referred to as "Augusta, Georgia" or "Augusta"), as Party of the First Part,and SAVANNAH STATE UNIVERSITY (hereinafter referred to as "SAVANNAH STATE UNIVERSITY ")as Party of the Second Part. WHEREAS,the SAVANNAH STATE UNIVERSITY is a professional/Nonprofit partnering entity assisting Augusta Engineering Department (AED) with the Section 319(h) Grant entitled, "Biota Improvement in an Urban Stream through Aquatic Habitat Restoration"; NOW, THEREFORE, as a desire of Augusta and SAVANNAH STATE UNIVERSITY to properly coordinate the development and implementation of this grant, the parties hereby agree as follows: UNDERSTANDING: Augusta,Georgia and SAVANNAH STATE UNIVERSITY do hereby agree to the following: 1. The SAVANNAH STATE UNIVERSITY will provide services related to engineering design and study of Best Management Practices (BMPs) for aquatic habitat restoration, assistance in installation of those BMPs, field reconnaissance efforts, site and BMP selection efforts, survey assistance, data analysik,and report writing efforts as shown in the awarded grant document scope of work document. These activities will primarily be conducted through the work of professionals, as shown in the awarded grant document (Appendix A). These professional will be approved by Augusta Engineering Department prior to execution of MOU. 2.The SAVANNAH STATE UNIVERSITY will provide Augusta with timesheets for each project task, using format approved'by Augusta Engineering Department, for all personnel involved in this project as well as a brief summary of activities and percent completion for each project task for each quarterly reporting period as required by the grant. 114Page Phinizy Center for2Water Sciences MOU 10312014 vert 3. Augusta shall contribute funds not to exceed the designated amount within the approved grant as shown in the 319(h)grant Scope of Work document. 4. The SAVANNAH STATE UNIVERSITY shall submit quarterly reimbursement claims with detailed description of work done during that quarter to AED within five days by end of the respective quarter. These reimbursement claims shall be prepared in a format acceptable by the AED with payment to University once funds have been received by the granting agency 5. Upon completion of the activities funded by Augusta, material produced under this MOU will become property of Augusta. However, with written permission from Augusta Engineering Department, the SAVANNAH STATE UNIVERSITY has rights to use this material for their activities and scientific research purposes but must include Augusta personnel as designated collaborators and the following as proper identification of funding for the project: "The preparation of this report, map, document, project, etc., was financed in part through a grant from the U.S Environmental Protection Agency under the Provisions of Section 319(h) of the Federal Water Pollution Control Act, as amended and Augusta, Georgia/Augusta Engineering Department." Together with the month and year, the document was prepared and credit being given to the Environmental Protection Division of the Department of Natural resources, State of Georgia. DELIVERABLES: The SAVANNAH STATE UNIVERSITY agrees to provide to Augusta Engineering Department any requested documentation required under this MOU. TIME: This MOU will remain in effect for the duration of the 319(h) awarded grant duration unless otherwise amended. TERMINATION: Both parties may terminate this MOU at any time by giving of forty-five(45)days written notice of such termination.Upon receipt of such notice of termination, SAVANNAH STATE UNIVERSITY shall discontinue all work under this MOU. Data gathered and material produced will become property of Augusta. MISCELLANEOUS: 2 (3 Page 319 (h ) Grant Scope3of Work Delivery M®U 09262018/V1 1.This Memorandum of Understanding shall be controlled by and construed in accordance with the laws of the State of Georgia. 2.Any notice given under this Memorandum shall be deemed given when provided in writing to the following persons: TO AUGUSTA,GA: AUGUSTA,ENGINEERING DEPARTMENT ENGINEERING ADMINISTRATION ATTN:DIRECTOR OF ENGINEERING 452 WALKER STREET,SUITE 110,AUGUSTA,GEORGIA 30901 TO SAVANNAH STATE UNIVERSITY: SAVANNAH STATE UNIVERSITY OFFICE OF SPONSERED RESEARCH ATTN:Ms.Nancy Riggs 3219 College St.Savannah,GA 31404 This Memorandum of Understanding Is the entire agreement between the parties,and may not be amended,except by a writing executed by both parties. APPROVED: SAVANNAH STATE UNIVERSITY AUGUSTA.GEORGIA dfifrairl ' /LW, By: *AAA:-, 4111111111° Dr.Chery Davenport Dozier, University President p ION Date: 1 10 Date: 2 g 1 313P age 319(h) Grant Scope;of Work Delivery MOU 09262018/V1 t. .x'° ,,....«,,,40' , X46 0 .. F ArrE ' f Date:,, 11/ i1 � Date:/�06,-co,1/44:1,2:::,,i.,99,611..e.J.:,-LI tja! ii,,„ ...,.... ,..t.; w ,,,, )14 w�m►46� x i NOTARY PUBLIC Chothown Count, Eildo or Georgia *Commission amiss Diosnbrt 2019 413Page 319(h ) Grant Scope5of Work Delivery MOD 09262018/V1 STATE OF GEORGIA Number j.of Executed Original Counterparts COUNTY OF FULTON CONTRACT BETWEEN THE GEORGIA ENVIRONMENTAL PROTECTION DIVISION(EPD) AND AUGUSTA,GEORGIA(AUGUSTA—RICHMOND_COU ..._, e.K YM.T TaMAT FOR 1 o1.18uq VJ ATC'li 13nwot merU;ri. aveoO is Marc BIOTA IMPROVEMENT IN AN URBAN STREAlVIaaTHIt n :+�zun - AQUATIC HABITAT RESTORATION This contract("Contract")is made and entered into as of theist st day of July,2018(hereinafter called the "Effective Date"), by and between the Georgia Environmental Protection Division; (hereinafter called "Division"), and Augusta, Georgia (Augusta-Richmond County) (hereafter called "Contractor"). The persons executing this Contract on behalf of the Contractor have authority to bind the Contractor to the terms of this Contract. The Director of the Division is authorized by law to execute this Contract. WHEREAS,the Division desires to engage the Contractor to render certain services hereafter described in connection with an undertaking(hereinafter referred to as the"Project") which will be financed through grants authorized under Section 319 of the Federal Water Pollution Control Act Amendments of 1987 and administered by the Division;and • WHEREAS,Contractor desires to perform such services for the Project NOW, THEREFORE, in consideration of the valuable and mutual benefits flowing to each party as described below,the parties hereto mutually agree as follows: 1. Employment of Contractor. The Division hereby agrees to engage the Contractor and the Contractor hereby agrees to perform these services hereinafter as set forth in fulfillment of this Contract 2. Scope of Work. In performance of the Project, the Contractor shall conduct the work described in the Scope of Work identified in the attached Appendix A, hereby made a part of this Contract by reference. 3. Term: Time of Performance. The term ("Term") of this Contract shall commence upon the Effective Date and shall terminate upon the earlier of: i) the completion of the tasks identified in Appendix A: Scope of Work;or ii)December 31,2020(hereinafter referred to as "Termination Date"), unless sooner terminated by the Division or renewed by the Division in accordance with the provisions of this Contract. The services of the Contractor are to commence as soon as practicable after the Effective Date and shall be undertaken in accordance with the timeline for completion of tasks included in the attached Appendix B: Project Schedule,hereby made a part of this Contract by reference. 6 Pape l of 11 4. Compensation. Division agrees to pay Contractor compensation for the services performed under this Contract not to exceed one hundred ninety-three thousand three hundred dollars, $193,300.00. Said compensation shall be paid in accordance with the budget described in the Scope of Work. Any changes to the amotmt of compensation to be provided by the Division to Contractor shall be made in a writing executed in accordance with the terms of Paragraph 23. 5. In Kind Match. The Contractor will contribute a minimum of the equivalent of 40%of the total project cost, in services or cash contributions, toward the performance of services described in Appendix A:Scope of Work. 6. Method of Payment. Division will pay Contractor for work performed under this Contract not to exceed the compensation described in Paragraph 4, and in accordance with the terms described in this Paragraph: a. Payment will only be made for the services described in Appendix A: Scope of Work; and b. Contractor shall be paid quarterly. No later than the 15th day of the month following close of the immediately preceding quarter, Contractor shall submit to the Division contact specified in Paragraph 36 an invoice for services rendered in that immediate preceding quarter,accompanied by a progress report describing the services performed and identifying the related items or tasks in the Scope of Work, specifying that the services have been performed in accordance with this Contract, and accompanied by any documentation,outputs,deliverables,or close-out reports;and c. The Contractor shall certify in writing the accuracy of each invoice. All invoices from the Contractor should show detailed line items referencing the costs of labor, materials, property, equipment, installation, services, incidentals, etc. All invoices should be signed and dated by authorized personnel as evidence of review and approval prior to submission to the Division for reimbursement;and d. The Division will review and approve or deny invoices within 30 days of receipt. Payment shall be made upon determination by the Division that Scope of Work items required by the Contract,including deliverables and reporting requirements of various categories and kinds of information for the period, are sufficient. Any invoice not approved by the Division shall not be paid;and e. Payment of the final 10 percent (%) shall not be due and payable until all Scope of Work items are completed and the Division has accepted and approved the final products, reports,and invoices. 7. Credit. Notwithstanding any other provision of this Contract, the Contractor acknowledges that the Division, as an agency of the State of Georgia, is prohibited from pledging the State's credit. 8. Funding. The Contractor acknowledges that this Contract is funded with a grant from the U.S. Environmental Protection Agency ("USEPA"). In the event that the Division determines that the source of payment no longer exists or is insufficient with respect to the Services, the Division shall terminate this Contract in accordance with the provisions of Paragraph 13. a. In the event of such termination, the Division shall remain obligated to pay for Services performed and accepted by the Division prior to such termination. All finished or unfinished documents, data, studies, surveys, drawings, maps, models, 7 Page 2 of 11 photographs, and reports prepared by the Contractor under this Contract shall become the property of the Division. Any use of incomplete documents shall be at the sole risk of the Division. The determination of the Division of the events stated above shall be conclusive. b. The Division shall provide notice in writing to Contractor as soon as practicable after the Division determines that the source of payment no longer exists or is insufficient with respect to the services. 9. Fair Share. This Contract is being funded with a grant from the USEPA. It is the policy of the USEPA to ensure to the fullest extent possible that at least a negotiated "Fair Share" percentage of federal funds awarded to prime and subcontractors in support of USEPA programs be made available to Disadvantaged Business Enterprises("DBE"). a. The Contractor agrees to ensure to the fullest extent possible that at least 13.7% Minority Business Enterprises(MBE)and 7% Women Business Enterprises(WBE)of federal funds for contracts or subcontracts for supplies, construction, equipment or services are made available to organizations owned or controlled by socially and economically disadvantaged individuals, women and historically black colleges and universities. b. The Contractor agrees to include in its bid documents this 13.7%and 7%"Fair Share" percentage. c. To evaluate compliance with the "Fair Share" policy, the Contractor agrees to comply with the following six affirmative steps as appropriate: i. Including qualified minority and women businesses on solicitation lists; ii. Assuring that minority and women's businesses are solicited whenever they are potential sources; Dividing total requirements, when economically feasible, into small tasks or quantities to permit maximum participation of minority and women's businesses; iv. Establishing delivery schedules, where the requirements of the work permit, which will encourage the participation by minority and women's businesses; v. Using the services and assistance of the U.S. Small Business Administration and the Office of Minority Business Enterprise of the U.S. Department of Commerce; vi. Requiring each party to a subagreement to take the affirmative steps outlined in paragraphs(i)through(ii)of this section. d. The Contractor must submit to the Division a certification that the six steps have been followed, along with documentation of the six steps that is sufficiently detailed to allow for satisfactory review and should document the efforts of solicitation taken such as; the name and address of MBE's/WBE's solicited, if advertised in newspaper show proof and indicate name of paper. e. The Contractor is required to submit semiannual reports of total Contract expenditures to the Division,which includes a separate total for MBE/WBE utilization. 10.Taxes. The State is exempt from Federal Excise Taxes, and no payment will be made for any taxes levied on Contractor's employee's wages. The Division is exempt from State and Local Sales and Use Taxes on the services. Tax Exemption Certificates will be furnished a Page3of11 upon request. Contractor or an authorized subcontractor shall provide the Division with a sworn verification regarding the filing of unemployment taxes or persons assigned by Contractor to perform Services,which verification is incorporated herein by reference. II.Certification Regarding Sales and Use Tax. By executing the Contract, the Contractor certifies it is either(a)registered with the State Department of Revenue, collects,and remits State sales and use taxes as required by Georgia law, including Chapter 8 of Title 48 of the Georgia Code; or(b) not a"retailer"as defined in O.C.G.A. Section 48-8-2. The Contractor also acknowledges that the Division may declare the Contract void if the above certification is false. The Contractor also understands that fraudulent certification may result in the Division or its representative filing for damages for breach of contract. 12. Termination of Contract for Cause. If, through any cause other than force majeure, the Contractor shall fail to fulfill in a timely and proper manner its obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Contract, the Division shall thereupon have the right to terminate this Contract by giving written notice to the Contractor of such termination and specifying the effective date thereof,at least fifteen(15)days before the effective date of such termination. a. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps,models,photographs,and reports prepared by the Contractor under this Contract shall become the property of the Division, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials in which funds were accrued or encumbered up to the actual date of termination. b. Notwithstanding the above, the Contractor shall not be relieved of liability to the Division for damages sustained by the Division by virtue of any breach of this Contract by the Contractor, and the Division may withhold any payments to the Contractor for the purpose of setoff until such time as the exact amount of damages due the Division from the Contractor is determined. 13.Termination of Contract for Convenience. The Division may terminate this Contract at any time for good reason by giving at least thirty (30) days written notice to the Contractor of such termination and specifying the effective date. a. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models,photographs,and reports prepared by the Contractor under this Contract shall become the property of the Division, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials in which funds were accrued or encumbered up to the actual date of termination. b. If this Contract is terminated as provided herein,the Contractor will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Contractor covered by this Contract, less payments of compensation previously made. 14.Release of Materials Pursuant to the Georgia Open Records Act. All products, reports, information, data, etc., given to, derived from, prepared by, or assembled by the Contractor (the"Materials") in the performance of this Contract shall be governed by the Georgia Open Records Act. The Contractor shall not release or deliver any Materials to the general public or to local officials pursuant to a written or oral request under the Georgia Open Records Act unless authorized in writing to do so by the Division. 9 Page 4 of 11 15.Assienability. Contractor shall not transfer or assign all or any of its right,title or interest in this Contract or delegate any of its duties or obligations hereunder without the prior written consent of the Division. The Division may transfer or assign all or any of its right, title or interest in this agreement to another agency or authority of the State of Georgia without written notice to Contractor. 16.Interest of Contract. The Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance required under the Contract. It is specifically agreed and understood that for the purposes of this Contract,the Contractor shall be an independent contractor and nothing in this Contract shall be construed as creating a joint venture, partnership or employment relationship between the parties. 17.Convrii hts. No reports, maps, or other documents produced or derived in whole or in part under this Contract shall be the subject of an application for copyright by or on behalf of the Contractor. Any such reports, maps and other documents shall constitute a "work made for hire"pursuant to the U.S.Copyright Act of 1976,as amended,and Contractor agrees that the Division is the original and sole owner of all rights, including without limitation copyright, in and to such reports,maps and other documents. If for any reason such reports, maps,and other documents are found not to be"works made for hire," then Contractor hereby assigns to the Division all right, title and interest in and to such reports, maps and other documents without further consideration of any kind. Contractor agrees to execute all further documents and to take all`further steps deemed advisable by the Division to secure and protect the Division's rights as stated herein. 18.Documents. Provided that Contractor has been paid for the Services, the Division shall have the right to use the documents, maps, photographs, drawings and other materials (including but not limited to models,software or other digital work products)resulting from Contractor efforts on this Contract. Contractor acknowledges that, in accordance with the Contract, the Division is the original and sole owner of all rights in and to such documents, maps, photographs, drawings and other such materials including but not limited to models, software or other digital work products. Division acknowledges that the reuse of any such materials by Division on any extension of this project or any other project shall, with the exception of the obligations of Contractor, be at Division's sole risk unless otherwise agreed to in writing by all parties. Contractor shall have the right to retain copies of all such materials. 19. Identification of Documents and Projects. All construction or demonstration projects, reports, maps, signage and other documents completed as a part of this Contract, other than documents exclusively for internal use within the Division shall give the Contractor recognition and carry the following notation on a conspicuous sign or the front cover or a title page(or in the case of maps, in the same block)containing the name of the Division: "The preparation of this report, map, document,project, etc., was financed in part through a grant from the U.S. Environmental Protection Agency under the Provisions of Section 319(h) of the Federal Water Pollution Control Act, as amended" Together with the month and year, the document was prepared and credit being given to the Environmental Protection Division of the Department of Natural Resources, State of Georgia. 20. Intellectual Property. The Contractor agrees it will not use the name or any intellectual property, including but not limited to, the Division's trademarks or logos in any manner, io Page5of11 including commercial advertising or as a business reference, without the express prior written consent of the Division. 21.Personnel. The Contractor represents that it has, or will secure, all personnel required in performing the Services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the Division. a. All the Services required hereunder will be performed by the Contractor or under its supervision,and all the personnel engaged in the work shall be fully qualified and shall be authorized under state and local law to perform such services. b. None of the work or Services covered by this Contract shall be subcontracted without the prior written approval of the Division contact specified in Paragraph 36. c. The Division, or its authorized representatives, shall have the right to enter into the premises of Contractor and/or all subcontractors, or any places where duties under this Contract are being performed, to inspect, monitor, or otherwise evaluate the performance under this Agreement. 22.Richt to Audit and Access to Records. The Contractor shall maintain books, records and documents in accordance with generally accepted accounting principles and procedures and which sufficiently and properly document and calculate all charges billed to the Division throughout the term of the Contract for a period of at least five (5)years following the date of final payment or completion of any required audit, whichever is later. Records to be maintained include both financial records and service records. The Contractor shall permit the Auditor of the State of Georgia or any authorized representative of the State, and where federal funds are involved, the Comptroller General of the United States, or any other authorized representative of the United States government, to access and examine, audit, excerpt and transcribe any directly pertinent books, documents, papers, electronic or optically stored and created records or other records of the Contractor relating to orders, invoices or payments or any other documentation or materials pertaining to the Contract, wherever such records may be located during normal business hours. The Contractor shall not impose a charge for audit or examination of the Contractor's books and records. If an audit discloses incorrect billings or improprieties, the.Division reserves the right to charge the Contractor for the cost of the audit and appropriate reimbursement. Evidence of criminal conduct will be turned over to the proper authorities. 23.Entire Agreement: Modification. This Contract represents the sole and complete understanding of the terms of the Contract between the parties hereto with respect to the subject matter contained herein and supersedes all prior agreements and understandings,oral or written, with respect thereto. No modification or amendment to this Contract will be binding on either party hereto unless such modification or amendment is reduced to a writing executed by both parties. Any changes in the scope and/or duration of this Contract shall be mutually agreed upon by and between the Division and the Contractor in a writing executed in accordance with this Paragraph. 24. Warranty. The Contractor warrants to the Division that the Services will be performed in a workmanlike manner, consistent with that level of care and skill ordinarily exercised by other providers of similar services and with sound principles commonly used by similar professionals under similar circumstances at the time the Services are provided and further warrants that the work will be performed as intended and described in the Scope of Work. a. Contractor warrants that he has not employed or retained any company or person,other than a bona fide employee working solely for him,to solicit or secure this Contract and 11 Page Sof11 that he has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for him, any fee, commission, percentage, gift,or other consideration contingent upon or resulting from the award or the making of this Contract. 25.Indemnification. The Contractor agrees to indemnify and hold harmless the State and State officers, employees, agents, and volunteers (collectively, "Indemnified Parties") from any and all costs, expenses, losses, claims, damages, liabilities, settlements and judgments, including reasonable value of the time spent by the Attorney General's Office, related to or arising from: a. Any negligent or wrongful act or omission of the Contractor or any employee,agent or subcontractor utilized or employed by the Contractor b. The negligence or fault of the Contractor in design,testing,development,manufacture, or otherwise with respect to the Services provided under the Agreement; c. The Contractor's negligent performance or attempted performance of the Contract, including any employee, agent or subcontractor utilized or employed by the Contractor, d. Any failure by the Contractor to make all reports, payments and withholdings required by federal and state law with respect to social security, employee income and other taxes, fees or costs required by the Contractor to conduct business in the State of Georgia or the United States; e. Any infringement of any copyright, trademark, patent, trade dress, or other intellectual property right,or f. Any failure by the Contractor to adhere to the confidentiality provisions of this Contract. 26.Indirect Damages. Each party hereby waives its rights to recover from the other party any consequential, indirect, or incidental damages (including but not limited to, loss of use, income, profits, financing, or reputation),arising out of, or relating to,this agreement of the performance of the services or both. 27. Use of Third Party Data. The Division has requested that the Contractor obtain certain facts, information, data, assumptions, opinions and representations (collectively, "Items") from third parties as part of its scope of services. The Division understands and agrees that (i)the products of its services that the Contractor provides (collectively, "Products")may be based in part or in whole on Items that have not been verified by the Contractor, (ii) the Contractor has no obligation or duty to verify the accuracy or completeness of the Items and (iii) the Contractor makes no representation(s) or warranty(ies), express or implied, with respect to the Items or the Products (other than the Products were prepared in accordance with the standard of care to which the contractor is subject, as set forth elsewhere in this contract), all of which representation(s) and warranty(ies)are hereby disclaimed, including, without limitation, the warranties of merchantability and fitness for a particular purpose. The Division hereby releases the Contractor from any and all claims, damages, losses, expenses and liabilities of every kind and nature whatsoever, including reasonable attorneys' fees and defense costs, arising out of the use of Items by the Contractor in performing its services under this contract, including, without limitation, the preparation and delivery of the Products to the Division. 12 Page 7of11 28.Compliance with the Georgia Security and Immigration ComoHance Act. Contractor Certifies that it will comply with O.C.G.A. § 13-10-91 relating to the verification of the status of newly hired employees as incorporated herein by reference. 29. Federally-Mandated Certifications and Disclosures. a. Lobbying i. Disclosure Regarding Lobbying: Contractor hereby warrants as a condition of this Contract that if it is an organization described in Section 501(c)(4) of the Internal Revenue Code of 1986, it will not engage in lobbying activities prohibited by the Lobbying Disclosure Act of 1985. ii. Certification Regarding Lobbying: Contractor certifies to the best of its knowledge and belief that: 1. No Federal appropriated funds have been paid in full or will be paid, by or on behalf of Contractor, to any person for influencing or attempting to influence an officer or employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress, or an employee of a Member of Congress in connection with this contract, then Contractor shall fully disclose same to the Division, and shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. b. Drug Free Work Place: Contractor certifies that, in accordance with the provisions of O.C.G.A. § 50-24-1, et seq., a drug-free workplace will be provided to Contractor's employees during the performance of this contract; and it will secure from any subcontractor hired to work in a drug-free workplace the following written certification: "As part of any subcontracting agreement (Subcontractor's Name), certifies to Contractor that a drug-free workplace will be provided for the subcontractor's employees during the performance of this Contract pursuant to paragraph 7 of subsection (b)of Code 50-24-3." c. Debarment,Suspension,and Other Responsibility Matters: i. The Contractor certifies that it and its principles: 1. Are not presently debarred, suspended, proposed for debarment, and declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency. 2, Have not, within a three-year period preceding this contract, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public transaction or contract under a public transaction; violation of Federal or State antitrust 13 Page 8 of 11 statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. 3. Are not presently indicted for or otherwise criminally or civilly charged by a government entity with commission of any of the above offenses. 4. Have not within a three-year period preceding this contract had one or more public transactions terminated for cause or default. ii. Where the Contractor is unable to certify to any of the statements in this certification,such Contractor shall attach an explanation to this contract. d. Equal Employment Opportunity: The Contractor will not discriminate against any employee for employment because of race, color,religion,sex or national origin. The Contractor will comply with all sections of Executive Order 11246 - Equal Employment Opportunity. e. Audit Requirement: A non-Federal entity that expends $750,000 or more during the non-Federal entity's fiscal year in Federal awards must have a single or program- specific audit conducted for that year in accordance with the provisions of Subpart F, Part 200,Chapter II of Subtitle A,Title 2,Code of Federal Regulations. 30. General Federal Grant Conditions. All covenants,agreements and stipulations in Part 200 Chapter II of Subtitle A, Title 2, Code of Federal Regulations, are incorporated herein by reference. The parties acknowledge those general grant conditions and intend that all those covenants,agreements, and stipulations between the U.S. Environmental Protection Agency and the Division are applicable to and enforceable against the Contractor. Allowable costs will be determined in accordance with the cost principles in the hereto referenced Code of Federal Regulations. a. The Contractor will assure the continued proper operation and maintenance of all nonpoint source management practices that have been implemented for projects funded under this agreement. Such practices shall be operated and maintained for the expected lifespan of the specific practice and in accordance with commonly accepted standards. The Contractor shall include a provision in every applicable sub-agreement (contract) awarded under this grant requiring that the management practices for the project be properly,operated and maintained. b. The Contractor agrees to ensure that all necessary permits (such as Clean Water Act § 404) are obtained prior to implementation of any grant funded activity that may fall under applicable federal, state or local laws. The Contractor project implementation plan must identify permits that may be needed to complete activities identified in Appendix A: Scope of Work. The Contractor must keep documentation regarding necessary permits in the project file. 31.Israel. The Contractor certifies that the Contractor is not currently engaged in, and agrees for the duration of this Contract not to engage in, a boycott of Israel, as defined in O.C.G.A. §50-5-85. 32. Applicable Law. The parties agree that this agreement and all rights, privileges and responsibilities shall be interpreted and construed according to the laws of the State of Georgia. 33. No Waiver. The failure of the Division at any time to require performance by the Contractor of any provision hereof, shall in no way affect the right of the Division thereafter 14 Page 9of11 to enforce that same provision or any part of the Contract, nor shall the failure of the Division to enforce any breach of any provision hereof be taken or held to be a waiver of such provision,or as a waiver,modification or rescission of the Contract itself. 34. Counterparts, This Contract may be executed in multiple counterparts each of which is deemed an original of equal dignity with the other and which is deemed on and the same instrument as the other. 35.Severability. If any one or more of the provisions of this Contract are for any reason be held by any court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability will not affect any other provision, and this Contract will be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 36.Notice. All notices, correspondence requests, demands, waives and other communications required or permitted to be given under this Contract shall be made in writing and shall be deemed to have been duly given if delivered by U.S. Mail, postage paid, sent by nationally recognized overnight courier,or by electronic-mail to the contacts as follows: If to the Division: Mary E Gazaway Grant Administrator Georgia EPD Watershed Protection Branch Nonpoint Source Pollution Program Grants Unit Suite 1462 East Tower 2 Martin Luther King,Jr. Drive Atlanta,Georgia 30334 404-651-8522 mary.gazaway@dnr.ga.gov If to Augusta, Georgia(Augusta-Richmond County): Hameed Malik,Ph.D., P.E. Director of Engineering Augusta Engineering Department Engineering Administration 452 Walker Street, Suite 110 Augusta,GA 30901 (706)796-5040 hmalik@augustaaa.gov Pagel°of1i IN WITNESS WHEREOF the Division and the Contractor have executed this Contract on the day and year below written. The Environmental Protection Division of Augusta,Georgia(Augusta-Richmond the Department of Natural Resources,State County) of Georgia IPt t'et< 4IP i ____ Richard E.Dunn ii Hardie D , r. Director ,,;:_,_-,.. „;_. Date: ""�I or 14 Notary: ove �`•�,i/L4fivimm „cH , . /� No .4,,r0,- '.ss,ir°f tin 1 amuttt_.e.„a! (!/ 4\ ha°�� if II � f ' : ' a NotaN CEURGI w �� 1,1 1. 16 Page It of ll i i APPENDIX A Scope of Work Section 319(h)FY2016 Grant-=Element 8 1. Project Title:Biota Improvement in an Urban Stream through Aquatic Habitat Restoration 2. Lead Organizedon: Augusta,GA(AKA Augusta-Richmond County) Address: 535 Telfair Street,Bldg.4000 City,State:Augusta,GA Zip: 30901 Phone: (706)796-5040 Fax:(706)796-5045 Primary Contact: Hameed Malik,Ph.D.,P.E. Title:Director of Engineering Organizations:Augusta-Richmond County Address:535 Telfair Street,Bldg.4000 City,State:Augusta,GA Zip: 30901 Phone:(706)796-5040 Fax: (706)796-5045 Email:hinalik@augustaga.gov Project Start Date:July 1,2018 '` Project End Date:December 31,2020 Federal Amount Requested: $193,300 Match Amount to be Contributed: $169,441 Total Project Amount: $362,741 3. Project Goals: This project will implement a 2017 Nine-Element Watershed Management Plan(WMP)for the Augusta Canal (HUC-12 #030601060601) / Butler Creek (HUC-12 #030601060602) / Beaverdam Ditch (HUC-12#030601060607) Watersheds in Savannah River Basin. A DRAFT of the WMP is attached pending completion by July 31, 2018. Project activities will address water quality impairments associated with fecal coliform,Bio F,and Bio M throughout an 8-mile portion of Rocky Creek in the HUC-12 (030601060607) watershed of Augusta-Richmond County,Georgia. Intended project results are to achieve improvements in the biotic impairments by increasing a fish Index of Biotic Integrity(IBI)to more than 16(Very Poor)and a macroinvertebrate Multi- Metric Index (MMI) in a 100-point scale to greater than 5 (Very Poor). The range of fish IBI scores and corresponding integrity classes are: 60-52=Excellent; 50-44=Good; 42-34 Fair; 32- 26=Poor; and 24-8=Very Poor (Part I: Standard Operating Procedures for Conducting 17 Aquatic Habitat Restoration Augusta-Richmond County Biomonitoring on Fish Communities in Wadeable Streams in Georgia, Table 2.) (DNR/WRD, 2005). The percentile, MMI ranking, and corresponding classifications for macroinvertebrates are: Above 95%=1 Very Good; 95% to 75%=2�ood; 75% to 2S%=3=Fair, 25% to S% 4=Poor, and Below S%i=5=Very Poor (Macroinvertebrate Biological Assessment of Wadeable Streams in Georgia - STANDARD OPERATING PROCEDURES, Table 5-3.) (DNR/EPD,Watershed Protection Branch,2007,Version 1.0). The restoration of a healthy biological community may also help to decrease fecal coliform concentrations based on a well-supported scientific food web theory. These improvements will be documented through pre-and post-BMP monitoring efforts using GAEPD/GADNR standard protocols for sampling fish and macroinvertebrates in streams. Habitat will be restored by directly adding Best Management Practices(BMPs)to the stream that will encourage a more natural riffle-pool geomorphology over time and support habitat diversity. The BMP installation will target a minimum of 0.25 stream miles (1320 linear feet) along the 6-mile"Headwaters to SRS6"reach with a spacing of approximately one feature every 50-200 ft and will result in a minimum of 12 features depending on the total stream miles restored.A library of choices for features is outlined below,but final selection will be based on a walking assessment of what is currently most fimctional and successful for habitat in the stream. The following potential BMP options are taken from the GAEPD Streambank and Shoreline Stabilization Guide, an NC State Extension Guide to In-Stream Structures, and an NC State Stream Restoration Handbook. In addition, other options or option components that are currently known to enhance habitat may also be included such as overhanging woody vegetation, erratic rocks, boulder clusters, large woody debris, and woody or rocky channel constriction structures. 2 Section 319(h)FY2016 Project is 1 Aquatic Habitat Restoration Augusta-Richmond County Option A—Uve Posts Cross section vegetation;Pitt ntisor l Nottosadeaog Dormant posts Stream-forming flow . .o St�►mbai>!c :: • -2:1 to 5:1 slope BassiloW Sir: - 4- o •• a = 2R •2 ba4 feet trisnollar spacing 3 Section 319(h)FY2016 Project 19 Aquatic Habitat Restoration Augusta-Richmond County Option B—Tree/Root Wad Revetments Pim view riot Ulitiial 1011117 1,1? • 0/i,.016.- ' 41 , ...._,,,,,„(1. _.,s ..30-, r6 ' 4 ,TSI ,. t /.. i% ',..1°'-'f-' ',* ==• rarataort4.duwa�oaa.rwna aloavatologintme eabowssetniembiek se nipI rm. r !r w Ygno�wiur ►in6 44"y 4 . • r ttg y"u '•Ak ,s 5troedfew applla( r */ " �►''' A ,`" '. mit •.•...'1"..2:11:. :.i- 'ZIA ' 'ntelreot . 1 Omd.p 4 Section 319( )FY2016 project 20 t • Aquatic Habitat Restoration Augusta-Richmond County Option C-Log Vanes rrrlenq. 4.15% eeir "`` awn < < " 14 f ���' � PROFILE FLOW 7 • Nobs Netofminis nlMwfd on uptown staestaeibiwtgly nea n a _ a °bs°teriprof OM* PLAN Wools*ends Venal Vein* �r w .47 C3,4•1•18410 maw;Nana FIMMt AV/Iheablion MEM Imp Merino anernrim 5 Section 319(h)FY2016 Project 21 Aquatic Habitat Restoration Augusta-Richmond County Option D-Log J-Hook Nobs -Rocks In?uectIz Pre saned4rock width. -bedpool1eupstream , is nusaa�did bon ammo Bugg .. RRar Mk/ !Wm • bar t PROFILE J 4 of Bolam WWI tI.. Feeive t7Pdemi.;alio Sims R1r-121anPepPt abb. fi Dbmis r BoYen,boiopeshade bsbekneM Log le-sr strum boa PLAN slapped Vi10eMbeeab le Sanaa se e NWIrp* Are i Y_.y t _ . ,' _ ••. • • • • 6 Section 319(h)FY2016 Project 22 • Aquatic Habitat Restoration Augusta-Richmond County 4. Project Background: • The State of Georgia, through its integrated 2014 Section 305(b)/303(d) List of Waters, has identified a 2-mile reach of Rocky Creek from SR 56 to below New Savannah Road,Augusta as impaired for Fecal Coliform,Bio M and Bio F.The upstream 6 miles from Headwaters to SR 56 (formerly Headwaters to Phinizy Ditch)are listed as impaired for Bio M and Bio F. In 2016 both the 2-mile and 6-mile segments of Rocky Creek were rated in a TMDL (4a status)developed for fish and macminvertebrate community populations. The data collected on fish diversity resulted in an IBI and a modified Index of Well-Being (IWB) as Very Poor. In addition, multi-metric indices and a numerical scoring system to assess the biotic integrity of benthic macroinvertebrates resulted in a rating of Very Poor. The TMDL does not call for further reduction in sediment loading from external sources into Rocky Creek: httosJ/epd.georgia.ggv/sites/epd.georeia.gov/files/related files/site Dage/Savannah%20Biota%2 0Impacted%20TMDL%20Report%20%5B2016%5D.vdf However, these sections of Rocky Creek now receive too much stream power from stormwater runoff characteristic of urban hydrology, which results in stream bed and bank erosion. Consequently, reduction of sediment will be pursued as an ancillary benefit of habitat BMPs and may improve biotic health further. Therefore, the BMPs selected for this project are intended to stabilize the creek bed and banks so they provide long term habitat as opposed to unconsolidated stream bed and bank sediments. A fecal coliform bacteria TMDL developed in 2000 for the 2-mile segment of Rocky Creek established that an 80% load reduction would have to occur to achieve the 200-counts/100 ml criterion: https://epd.eeorgia.gov/sites/epd.georeia.sov/files/related files/site pase/EPA Rocky Creek Fe cal TMDL.pdf By improving the fish and macroinvertebrate community, this project will upgrade the overall food web, and help to create an environment that is less hospitable for fecal bacteria. This theory is based on research suggesting the survival and growth of fecal bacteria in sediments under environmental conditions(Pachepsky and Shelton,2001;Anderson,et al. 1995; Marino and Gannon, I991).In addition,studies indicate that bacterial populations are controlled by predation and competition as much or more as by resource availability (Ansa et al., 2014; Davies et al., 1995; Marino and Gannon, 1991). If populations of naturally occurring bacteria predators have been stressed to a high degree, it is reasonable to conclude that this could be a significant cause for high concentrations of bacteria. 5. Project Activities: Project Activity: Reach out to representatives& convene 3 meetings of Watershed Partnership developed throughout the previous TMDL planning process Georgia's Statewide NPS Management Plan: 319 Grants,Key Stakeholders,Funding,page 92 - Priority watershed management approach that promotes a high level of stakeholder involvement&uses the expertise&authority of multiple agencies. 7 Section 319(h)FY2016 Project 23 Aquatic Habitat Restoration Augusta-Richmond County Task 1:Introduce project to appropriate watershed partners Deliverables: Outreach letters/emails/phone calls;preliminary meeting schedules. Measures of Success: Contact 50% of ongoing & potential partners within watershed. Task 2: Convene 3 meetings to solicit input, encourage support, and publicize project Deliverables:Notices,agendas,presentations,minutes,hand-outs Measures of Success:Meeting attendance by>30%of Partnership-in sheets. Pro ect Activi :Survey and qualify assessment of existing habitat. Georgia's Statewide NPS Management Plan: Water Quality Monitoring, Program Issues, Short Term Goal 1.1 page 64- Clean Water Act Section 319 Grant program will give higher priority to projects addressing sediment impairment. Reflect the importance of Sediment impairments to Georgia waters in the selection criteria for Section 319 Application Review, ongoing, Water Quality Monitoring, Program Issues corrective actions, including RMPs,to restore water quality. page - ldentng appropriate • Task 3: Survey of existing habitat in 8-mile reach of Rocky Creek Deliverables:Assessment of observed habitat,photographic record. Measures of Success:Develop an inventory of existing habitat. Task 4: Pre-BMP installation assessment of macroinvertebrate and fish communities in observed habitats Deliverables:Diversity and raw scores for each habitat type Measures of Success:Ability to select habitat options for BMP implementation. Project Activity: Install BMPs from available options as determined by the assessment Georgia's Statewide NPS Management Plan:319 Pro water Short Term Goal 8.1,page 97 Carry out projects that benefit quality and overall waterbody health. Task 5:Survey of selected reach Deliverables: Potential locations for BMPs, GPS waypoints, and cross-section survey for several cross sections of the reach Measures of Success: Priority areas established for engineering design and placement of structures as well as verification of necessary flow conveyance requirements for the post-BMP channel. 8 Section 319(h)FY2016 Project 24 Aquatic Habitat Restoration Augusta-Richmond County Task 6:Engineering Design of Structures Deliverables: Design drawings and specifications for construction appropriate to verified flow conveyance for final channel. Measures of Success: Completion of plans, drawings, and permits to go ahead with construction of structures. Task 7: Implement and install structures to create in-stream habitat for biota including fish and macroinvertebrates over a wide range of the food web and varying depth in the water column. Deliverables:Installation of structural practices Measures of Success:Completion of structural practice installations Project Activity: Targeted monitoring to track post-BMP water quality trends including improvement towards achieving stated goals Georgia's Statewide NPS Management Plan, Water Quality Monitoring, Short Term Goal 2.4, Page 85: As appropriate, and if resources are available, conduct targeted sampling to assess BMP effectiveness. Task 8: Post:BMP sampling assessment of macroinvertebrates and fish above, in, and below the BMP installations, including the historic GAEPD monitoring sites, using GAEPD(2007)/GADNR(2005)protocols Deliverables: • Finalized QA/QC Water Quality Monitoring Plan for macroinvertebrate& fish assessments • Post-BMP metrics for stream showing value of BMP compared to areas of stream without habitat restoration Measures of Success: • Finalized QA/QC Water quality Monitoring Plan approved by GAEPD • Data showing an IBI >16 in fish and an MMI >5 in macroinvertebrate biometric values Project Activity:Publicize study results to scientific and general audience Georgia's Statewide NPS Management Plan, Urban, Short Term Goal 4.2, Page 105: As funding allows, explore opportunities to tell the story of Nonpoint Source pollution including both negative impacts and potential for positive restoration. A possibility could be an interactive map of a River — a virtual tour ideally showing healthy sections, impacted sections, and potentially restoration. Task 9: Develop a Case Study paper to summarize the project and publicize through project partner websites and social media outlets Deliverables: • Completed paper and 9 Section 319(h)FY2016 Project 25 Aquatic Habitat Restoration Augusta-Richmond County • Presentation made accessible to general public • Access to presentation through social media Measures of Success:Documented views of presentation on social media outlets Task 10: Develop a Case Study paper to summarize the project and present to scientific community at regional water conference Deliverables; • Completed paper and • Presentation at Georgia Water Resources Conference or similar conference Measures of Success:Acceptance of talk and paper at conference Project Activity:Reporting Requirements Georgia's Statewide Nonpoint Source Management Plan: 319 Grants,Long Term Goal 13,Page 99 Effectively manage Section 319(h)grantfinds. . Task 11: Submit Quarterly Reports, including WBGE/M E reports and invoices, by the 15th of January,April and July of each year during the grant period. Deliverables: Quarterly. deliverables, monitoring data reports, invoices and supporting documentation reporting progress on project and using template provided by GAEPD. Measures of Success: Quarterly deliverables, monitoring data reports, invoices and supporting documentation reviewed and approved by GAEPD. Task 12: Submit FFY Annual Report and Quarterly Invoice to GAEPD in place of October 15th Quarterly Report Deliverables: One (1) FFY Annual Report each year during the life of the contract using template provided by GAEPD for inclusion in the USEPA Grants Reporting and Tracking System Measures of Success Timely submission of FEY Annual Report that summarizes project activities from October 1" of the previous year to September 30" of the reporting year. • Task 13:Submit Final Invoice and Closeout Report to GAEPD for review. Deliverables;Final Invoice and Closeout Report Measures of Success:Final Invoice and Closeout Report reviewed and approved by GAEPD. 10 Section 319(h)FY2016 Project 26 Aquatic Habitat Restoration Augusta Richmond County 6. Roles and Responsibilities of Participating Organizations: Organization Name S,,pecifc Responsibilities • Execute grant contract with GAEPD • Account for 40%of total project costs in matching funds or in-kind services • Pay funds to appropriate contractor(s)and vendor(s) • Request reimbursements from GAEPD on a quarterly basis • Track the progress of project activities completed,grant City of Augusta funds expended,and match values provided in accordance with the drawdown&implementation schedule • Complete and submit quarterly progress reports and invoices to GAEPD by January 15th,April 15th and July 15t of each project year • Complete and submit FFY Annual Report and quarterly invoice by October 15th of each project year • Complete&submit close-out report at conclusion of project }• Provide 60%of total project costs • Review and approve project deliverables • Participate in meetings,as appropriate GAEPD • Review and assist as needed with 319(h)Grant protocols • Provide project oversight and contract management a Provide monitoring guidance and training • Contract with the City of Augusta to perform the following: • Assist in field reconnaissance Savannah State Univ. • Permit applications • Assist in developing locations for BMP placement • Engineer BMPs • Assist in report writing • Contract with the City of Augusta to perform the following: • Assist in field reconnaissance and BMP decisions Augusta University • Sample,identify,and enumerate fish species • Assist in report writing • Contract with the City of Augusta to perform the following: Constantine Engineering • Assist in field reconnaissance and BMP decisions • Install and maintain rain gauges and water level loggers • Develop rating curves. • Contract with City of Augusta to perform the following: PlJinizy Center for Water • Assist in field reconnaissance and BMP decisions Sciences • Sample,identify,and enumerate aquatic insect species • Assist in BMP construction • Assist in report writing 11 Section 319(h)FY2016 Project z? Aquatic Habitat Restoration Augusta-Richmond County 7. Project Location: Rocky Creek runs through and lies entirely within Richmond County.it is a tributary to the Savannah River. a) Project Area Description and Map: r. :11. `_ a g � , *1irt $ ..r 'RockyCreek J .07 •;, j r'1 k k,,,,14. '',4,•.?? ..410.:40‘.;...a. -4 South Caroflna s ‘.... Richmond T„r.,,,, `• 4 =si i4Ri .`t 's • '0,-, • 1 'L 1. • • i P.04) ` i7���+�� r*V t `tet � a •_• �� •• • �� ~' •� li '1�4' �Aa$1 , •.. ~ '••d. ... • li' .. •. mortal, flak;eg 4,S. • ,, .A.• • ••i..../V .• �•!'+y- �, ._ ....41r Figure 1.Location of Rocky Creek in the Augusta-Richmond County Area 12 Section 319(h)FY2016 Project 28 A , R 1 Augusta-Richmond County „. —, *a, : Air 4. ,,,1 r ., ‘4:94:,„;,,,A Aquatic Habitat Restoration N,'4it-'4g4`ftei it:1,ZZ*.4, -71/4 4Z:::',, 1 1 , '101.,,, j'w.,:,....ier",...,* E.410 - -44tA7i,;it-'"-111#0.;, T4.. "4"fitkil.'7 yv; 47 .„4.44,4s... .---!', .....---,-,--,,,.?-..,_.&,.4tc.' 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Ito it ,I.-Ar 42"k,,,,.- •-", , f-}- w,t Ai 1.;r ct",t- i V. 4*-,,2,,,'' .1. .t,'; t-r, - '';4% ..,,,w 4-,--i --iTA etic%17:rt irrit_tit,,4, kN i'` .1.-tete: kx.-.os , ,.44.-- , . 4e) .i.1-111 ot,,,,,t , ifTwk..4-c.,-A. r... * "°*0*.*r 'f 4,13 , --1:-. iz, , ,t,'• .....,,,,,,k,„:„. - _;,,,,,y ,. 1;..,, ...„q. ir- r‘t, •,%-s,.._,v...,..:-,-,', 41,.*4.'..-*: . ,te- e't.-- ‘ ' ,4,r0,ir'i9r'i-"fi7Wi,.4f5,;l.'..4,,.'.xi''t":e'5",*,-,.I,4*'&r4.'w'4',"'.41:..7.3-,..„,..41-,i.fr1Je,,"r,'.,4,i*"„:t°--a14.V„„.-=1,,-,.,,,-S,-.,.:-,i,0•'A,t-,l-4NI.-t-Li...;,t.Al",:i,1,,r, N:,i.„i:K-,,,-,l.':(v;.i.7.t;-'04„-f,t0•s;5lv1:.t,1k,:*r.1 ; rI.s.aW.,.14,,,4,Z.1,-r - . . 4 447-1 4 4 ( ,FAivtrk ; ,; ..,;'„ .,z4t4.4t ' 144o1 -19i,k:p'*.1'.';c,.,._1.l:-”„.-'*,K*-!z7*,/,,f,a,:Al,,I:;•',*C'`:'7:,..,'.'* iFig1ie2.Rocky Creek Watershed including impaired reaches and restorationproposed area(Red-Fecal Coldonnln7 . Reach,Ornge haroinvertebe Impaired Reach, TargetArea) f1 P 1- '"' _CI 0 - of the extent ofrestoration downstream on 3. the left an Wheeless Road bordering . bordering upstream on Figure Aerial photo proposed area with .ght ' Miliedgthe right b) • b) Project Area Size(A eres). 8,107 acres c) County or Counties:Richmond the Watershed(s) (Percentages): d) Land Uses Within ten6hved. Agricultural 0% (s)or Project Area Commercial Forestry UrbUrban/Residential78% mining/Extraction 1% Forest/Natural Areas 13% WaWater/Wetlandsrn TOTAL 100% 13 Section 319(h)FY2016 Project 29 Aquatic Habitat Restoration Augusta-Richmond County Data Source&Date:Draft Total Maximum Daily Load Evaluationfor Seven Stream Segments in the Savannah River Basin for Sediment, 2015 e) Hydrologic Unit Code(s),Watershed Name(s)and Priority Watershed(s): HUC-10:110306010606 Name:Rocky Creek Priori NA 8. Nonpoint Source Pollution Impairments and Healthy Waters: a) Section 305(b)/303(d)List of Waters: Water Body Segment Name Criterion Violated or Listing (Segment Length(Miles)or County Location(s) Water Quality Status Cat Embayment Acreage) Concern(Healthy eoryg Water 4 S Rocky Creek(2 miles) Richmondor 1 Bio M,Bio F, Fecal Coliform 111.11 Ro Creek 6 miles Richmond Bio M,Bio F 01111111111 b) Secondary Pollutant(s): In addition to the impairments already listed,there is evidence that sediment from the stream'itself could be'contributing to sediment load in the stream. Si channey and l erosion can be observed in`the channel as well as a great deal offbed mcant ovement. Higher flows cause significant movement of bed features. •R Af M1 :a tF. S n,. 14 Section 319(h)FY2016 Project 30 Aquatic Habitat Restoration Augusta-Richmond County 9. Monitoring: DRAFT QA/QC Water Quality Monitoring Plan as Attachment(listed in Section 12.) GADNR, 2005-Standard operating procedures for conducting biomonitoring on fish communities in wadeable streams in Georgia at htto://www.georciawildlife.com/node/913 GAEPD, 2007-Macroinvertebrate Biological Assessment of Wadeable Streams in Georgia; Standard Operating Procedures at http://epd.georaia.8ov/macroinvertebrate-biaassessment- standard-operating-procedures-sop-and-metric-spreadsheets GAEPD is working on revising the multi metric index (MMI) used to assess the health of macroinvertebrate communities. Until the MMI revision is completed, GAEPD will consider resampling sites where the macroinvertebrate score is 80 or above using the guidelines below. http://epd.georgig.gov/sites/epdgeorgia.aov/files/telated files/site patze/Guidelines%20for%2 UListing%20and%20Delisting%20or/020Biological°1.20Data Feb2016 Verrion1 2 Revised August%202016.p4f 10.Project Budget: Item ' Itein t3Ws 4.t. Paoli G ; 11 • 0.01 111 A Years _ 3,550 3,550 Description ovasi t, 1. decisions One(1)AED Assistant Director•0.05 FTE(5112,000/year) for 2.5 years Description of Duties:City Project Management,Project 14,000 14.000 oversight,BMP decisions One(1)Stonnwater Serv.Mgr.-0.2 FTE(590,000/year)for 2.5 years Description of Duties:P ojectManagenrent,Project 45,000 45.000 oversight,Fieldwork,BMP decisions One(1)Environmen 1 T- clan-0.1 FTE(540,162/year) Por 2.5 years Description of Duties:Project Management;Fieldwork, 11111 10,040 10,040 BMP decisions One(1)Engineering Manager-0.1 FIE($90,000/year)for 2.5 years Description of Duties:Engineering Design,Project 22,500 22,500 Management,BMP decisions One(1)Engineering Ops.Mgr.-0.05 FTE(573,418/year) for 2.5 years Description of Duties:EngineeringDesign,Permitting, Pro - BMP decisions One(1)Sr.Design Engineer-0.02 FTE(S -,463/year)for 2.5 years Description of Duties:GIS,Engineering Design,BMP 2,723 2,723 decisions Sub 1 Total: 0 106,990 -... 06,990 15 Section 319(h)FY2016 Project 31 Aquatic Habitat Restoration Augusta-Richmond County • F 4 itti �� • S ik *�—/����I 'LA i ,, #s b u e I GIAii ti , .i.--,';-,,,,,,,,,A-,, 4 G, ;s w,, 9 ,r—7 .'i. ..,, h 'k�>�... _,,' v `"s �+' a �^' ,;.-.!:',:'"‘--:;.-A, a1 ' IIT_rr t? � �s.+sk- �;.'- ^la.ce i s t • 111 Fringe Benefits:Based on Total in hem A 0 a rate of 30% 32,097 32,097 ICEIZI IIITravel: 0 32,097 32,097 Staff Position: Purpose 833 Milesof xTravel:r a Rale 5.545 mile Sub Total: 0llEMIIII Equipment: IIIII MI D Equipment: Purpose/Use: Supplies:Et11:Eaminienalli1111.1.1111111111111. below) Supplies:Aquatic Habitat Restoration Materials(described 100,000 20,000 120,000 . se:In-stream lin, ements A CONI7tACTUI.: 3AV 100,1100 20,000 120,000 CneO (1)Pioject SAVANNAH STATE UNIVERSITY Engineer-0.245 FTE(SS0,000/year)for 2.5 Yeats Description of Duties: Recon,site selection,BMP selection 46,000 3,000 49,000 and engineering,assist with survey,report writing CONTRACTUAL; AUGUSTA UNIVERSITY One(1)Aquatic ecologist fisheries-0.04 FTE (S100,000/year)for 2.5 years 7,000 3,000 10,000 F Description of Duties:Recon.,fish sampling,report writing CONTRACTUAL: CONSTANTINE ENGENEERINQ One(1)Civil Engineer-0.04 FTE(5120,000/year)for 2.5 years Description of Duties:Recon.,assist in BMP decisions, 11,100 900 12,000 provide rain gauge services,assist with survey,report wri L,,. CONTRACTUAL:PHINIZY CENTER(NGO) Four(4)Aquatic ecologists(ntacroinvertebrates)-0.092 FTE(S35,000/year)for 2.5 years29,200 BZ don of Duties:Recon,Aquatic insect sampling, 3.000 300 MP Cansaucdon,assist with survey,report writing 93,300 9,900 103,200 0, ',. �.. to t3AEPD •$I• ., GiantsNI , mom N/A "' Other: � � �I- � -� NTA Sub Total imi Total Dh'ectClines: ...........m......... um of A-H 193,30011=111 362,741 .,..'. ;,..-. .,..,...t.x .Fetieiil.bl" N/A ! ' _Upta!00'16 Total: ;,. ,; -. III (Sum of l and.1) 193,3001=11111 362,741 i 16 Section 319(b)FY2016 Project 32 M r t Aquatic Habitat Restoration Augusta-Richmond County Narrative Justification for Item Class Categories: Personnel (A): Personnel in this item class category are all Augusta-Richmond County employees within the Augusta Engineering Department(AED)and are all contributing time as Non-Federal matching contributions to the project. Since this project includes stream restoration efforts that have potential impacts on in-stream flows within one of the Richmond County streams,the AED will treat this as a submitted county construction project which will go through our plan review and permitting processes. In addition,this project requires more specialized elements that include engineering, buffer assessments and permitting, BMP installation and monitoring, aquatic ecology, project management, and water quality assessments. All necessary personnel to perform those necessary duties are included in this grant. • AED Director, Dr. Hameed Malik (0.01 FTE (a $142,000/year) will have project oversight duties, will be involved in planning, and will participate in draft and final report reviews. • AED Assistant Director (0.05 FTE ® $112,000/year) will assist in project oversight and management,and will provide input on BMP decisions. • AED Stonnwater Services Manager, Dr. Oscar Flue (02 FTE @ $90,000/year), will oversee, manage and coordinate project, provide aquatic ecology and water quality .technical advise,input on BMP decisions,and organize and participate in fieldwork. • AED MS4 Environmental Technician, Russell Barnes (0.1 FTE @$40,162/year)will support project management, plan review, field, and water quality monitoring and assist on BMP decisions. • AED Engineering Manager, Walt Corbin(0.1 FTE @$90,000/year)will support plan review and project management,oversee permitting and engineering design,and input on BMP decisions. • AED Engineering Operations Manager, Lorenz Quinn (0.05 FTE @ $73,418/Year), will provide plan review oversight, engineering design support,permit writing support, input on BMP decisions and monitoring,and project management support. • AEI)Senior Design Engineer,John Blas(0.02 FTE @$54,463/year),will provide GIS support,BMP decision support,plan review support,and engineering design support. Fringe benefits (B): Personnel in this item class category are all Augusta-Richmond County employees within the Augusta Engineering Department (AED) and are all contributing time as Non-Federal matching contributions to the project. Fringe benefits rate for AED employees is 30%. Travel(C): AED will supply 5454 toward travel expenses. Supplies (E): This project will install Bioengineering BMPs within Rocky Creek to increase available habitat for aquatic insect and fish populations. Supplies will include a combination of rot-resistant material for large woody structures, rock of various sizes, sealing materials to prevent piping, and hardware to secure certain materials to the streambed or streambank. Also included here are costs associated with maintenance of structures, supplies for monitoring fecal coliform bacteria and macroinvertebrates,and planting of live plants. 17 Section 319(h)FY2016 Project 33 Aquatic Habitat Restoration Augusta-Richmond County Breakout of Estimates Based on data from The Virginia Stream Restoration and Stabilization Best Management Practices Guide and other sources Aquatic Habitat Restoration Practice Materials • Rootwad Revetments: ($200-$1,700 each) assuming a minimum of 12 at $1,700 = $20,400 • Log DropsN Log Drops: ($2,000.44,000 each)assuming a minimum of 12 at$4,000 $48,000 • Log Vanes($300-$1,200)assuming a minimum of 12 at$1,200=$14,400 • Cedar Tree Revetments:($5-$25/LF)assuming$25/LF and 400 LF=$10,000 Monitoring • Macroinvertebrate Assessment=$1,400 • Fecal Coliform Bacteria Monitoring=$1,900 • Fish Assessment=$2,900 Planting • Live Stakes: ($1-$4 each) assuming a minimum of 12 groups of 50 at $4 each $2,400 • Herbaceous Plugs=$3,000 Additional Items • Temporary Construction Entrances(2)_$4,000 Annual Maintenance • Weeding=$3,000 • Repairs&Replacement=$7,100 • Other=$1,500 Contractual (F): Four organizations will be partnering as contractors on this grant to perform the project scope, they are: Savannah State University, Augusta University, Constantine Engineering, and Phinizy Center for Water Sciences, Justification for scope of services is provided below. • Savannah State University: Dr.Shawn Rosenquist(0.245 FTE @$80,000/yr),a Biological Systems Engineer in the Marine and Environmental Sciences Department, will primarily be performing engineering design ofproposed BMPs and installation. He Will also be involved in initial field reconnaissance efforts,site and BMP selections,survey assistance,and report writing. • Augusta University: Dr.Bruce Saul(0.04 FTE @$100,000/yr),a fisheries ecologist in the Biology Department,will primarily be performing fish surveys to assess pre- and post BMP implementation success. Dr.Saul will also be involved in the BMP selection process and report writing. • Constantine Engineering: Mr. Wes Byne(0.04 FTE @$120,000),a civil engineer with experience in watershed modeling and microelectronics,will primarily provide 18 Section 319(h)FY2016 Project ti 6 Aquatic Habitat Restoration Augusta-Richmond County real-time monitoring services for the project. Mr.Byne will also provide assistance in BMP selection,engineering design,surveys,and report writing. • Phinizy Center for Water Sciences:Phinizy Center staff(0.092 FTE @$35,000/year) includes Dr.Carol Couch,Mr.Damon Mullis,Mr.Matt Erickson,and Ms.Kelsey Laymon. Each researcher has experience in aquatic ecology and geomorphology in urban streams. Mr. Mullis is an aquatic insect ecologist and will primarily be performing pre-and post-BMP implementation surveys. Mr.Erickson has extensive experience in Rocky Creek performing geomorphic characterizations and hydrologic analyses in Richmond County creeks. The team will also have involvement in BMP selections and report writing. 11.Project Attachment(s): Attachment 1: DRAFT 2017 Nine-Element Watershed Management Plan for the Augusta Canal (HUC-12 #030601060601) / Butler Creek (HUC-12 #030601060602) / Beaverdam Ditch (HUC-12 #030601060607) Watersheds in Savannah River Basin Attachment 2:DRAFT QA/QC Water Quality Monitoring Plan 19 Section 319(h)FY2016 Project 36 - , . CONTRACT AND AGREEMENT APPROVAL FORM a In ,0,a" , SAVANNAH Please use this form for general contracts,involving goods,services,and vendors.This form should b(`c� q4 nd attached frATE ONIVERSI7T to the proposed controcts/agreementsprior to submitting to the University Counsel. Please return ct anduting form to the Office of the President-University Counsel Hill Hall Building,P.O.Box 20449 1404. In initiating and/or signing this contract,the SSU employee and Department Head certifies that thise r .�vl'tl-not{gyp►solation of the 6onflict of Interest laws,rules,regulations,and/or policies and procedures as defined by the Official Code (tit An 5.10- et.seq.ttntd-Board of Regents 8.2.13.2. t w ,1 ,, Contract Summary(Please attach SSU Contract/Consultant Agreement Ibrm to this document): . 1. Contract/Agreement between the Board of Regents of the University System of Georgia by If of Savannah State University and Auaala.Gearala 2. Dates of Contract:from October 26, 2018 to December 31, 2020 3. Amount S $46,000 4. Initiator Shawn RosenquistPhi 358-4432 Date 11/2/18 S. Project Number 6.Initiator's email rosenquists@savannahstate.edu 7. Department Marine & Environmental Science 8. Brief Synopsis SSU subcontract from Augusta, GA's GA Environmental Protection Div contract All contracts and agreements involving Savannah State University as a provider or receiver of services or products must be approved(as indicated by signature on this form)by the following University representatives in the order given below.Contracts and agreements which do not have the appropriate signatures shall not be considered valid and shall not be honored by the University. 9. I certify that this contract/agreement is appropriate and necessary to the department's mission and priorities and that the department can furnish the services,materials,and Rinds in the contract/agreement. Shawn Rosenquist, PhD Shawn Rosenquist ,''a°',",° z Budget Unit head or Project Manager(Print Name) Signature/Date Carol Pride, PhD Carol Pride signed am 'Pride „ tea, Budget Unit Head Supervisor and/or Dean(Print Name) Signatunr/Date 10. 1 certify that the contract agreement is appropriate and necessary to the college's mission and priorities and the college or school can furnish the services,materials,and funds designed in the contract/agreement. Katarah Harris Grants&Contract Compliance,if applicable(Print Name) Signature/Date \ Dr. Michael Laney r rE;) i1115171giVire President ofAcademic Affairs,if applicable(Print Name) Cpl.% ture/Date •Ifthis is an academic related contract/agreement Dr. Mable Moore Chief Information Officer(If applicable)(Print Name) Signature/Date Dr. Dedra Andrews Director of Title III,if applicable(Print Name) ;fr. .� 4 Elaine S. Campbell (Acting) AV i 1�r!�/ // / ?7, Vice President of Business&Financial Affairs(Print Name) S'•f1` re/Date Flora B. DevineV\,� University Counsel(Print Name) Si ture/Date - Comments: inallIP W, Dr. Cheryl D. Dozier University President or Proxy(Print name) / S' F l /�7 � i rk