HomeMy WebLinkAbout2012-09-18-Meeting Agenda
Commission Meeting Agenda
Commission Chamber
9/18/2012
5:00 PM
INVOCATION:
Apostle C.M. Harrington, Pastor StraitGate Church.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA.
RECOGNITION(S)
Employee of the Month Award
A. Mr. Kelvin Williams, Augusta Utilities Department August 2012
Employee of the Month .
Attachments
Five (5) minute time limit per delegation
DELEGATIONS
B. Messrs. Larry Jones and Randy Hatcher., Augusta Chamber of
Commerce. (Requested by Commissioner Matt Aitken)
Attachments
C. Mr. Willie Battle, Founder/Chairman of BOD (Men Making A
Difference, Inc.). RE: Richmond County Juvenile Court part-time
judges vs. full-time judges.
Attachments
CONSENT AGENDA
(Items 1-33)
PLANNING
1. FINAL PLAT – ALEXANDER DRIVE RIGHT-OF-WAY
DEDICATION – S-834 - A request for concurrence with the Augusta
Georgia Planning Commission to approve a petition by Geo Survey Ltd.
requesting final plat approval for the Alexander Drive right-of-way
Attachments
Dedication to be located across from the existing Alexander Drive inside
the Augusta Village at Riverwatch.
2. FINAL PLAT – HERITAGE PARK – S-782-REV – A request for
concurrence with the Augusta Georgia Planning Commission to approve
a petition by H & C Surveying Inc., on behalf of JHT Properties LLC,
requesting final plat approval for Heritage Park (formerly known as
Pointe West Phase II). This residential subdivision is located off Point
West Drive and contains 24 lots.
Attachments
3. Z-12-53 – A request for concurrence with the Augusta Georgia Planning
Commission to approve with the following conditions 1) that the only
use of the property be a Group Personal Care Home or those uses
allowed in the R-2 zone; and 2) that an improved driveway and
parking site plan be approved and completed before the Group
Personal Care Home may begin operation; a petition by Randy Gaitor,
on behalf of Nicole Gaitor, requesting change of zoning from Zone R-2
(Two-family Residential) to Zone R-3B (Multiple-family Residential)
affecting property containing approximately .58 acres and is known as
2024 Wrightsboro Road. (Tax Map 044-4-329-00-0) DISTRICT 1
Attachments
4. Z-12-54 – A request for concurrence with the Augusta Georgia Planning
Commission to approve with the condition that the only use of the
property may be a prosthetics sales and maintenance business or those
uses allowed in a P-1 Zone; a petition by Studio 3 Design Group, on
behalf of Druid Park LLC, requesting a change of zoning from Zone P-1
(Professional) to Zone B-1 (Neighborhood Business) affecting
property containing .26 acres and is known under the present numbering
system as 1004 and 1008 Druid Park Avenue. (Tax Map 045-2-073-00-
0 & 045-2-074-00-0) DISTRICT 1
Attachments
5. Z-12-55 – A request for concurrence with the Augusta Georgia Planning
Commission to approve a petition by Ben Hagler, on behalf of Hagler3
LLP, requesting a change of zoning from 5Zone LI (Light Industry) to
Zone HI (Heavy Industry) affecting property containing approximately
2.84 acres and is known under the present numbering system as 601
Sand Bar Ferry Road. (Tax Map 062-0-001-01-0) DISTRICT 1
Attachments
PUBLIC SERVICES
6. Motion to appove New Ownership Application: A. N. 12 - 32: request
by Carl H. Jones for an on premise consumption Liquor, Beer & Wine
license to be used in connection with Apple Georgia, LLC D/B/A
Applebee's Neighborhood Grill & Bar located at 3117 Washington Rd.
There will be Sunday Sales. District 7. Super District 10. (Approved by
Public Services Committee September 10, 2012)
Attachments
7. Motion to approve New Ownership Application: A. N. 12 - 33: request
by Carl H. Jones for an on premise consumption Liquor, Beer & Wine
license to be used in connection with Apple Georgia, LLC D/B/A
Applebee's Neighborhood Grill & Bar located at 3125 Windsor
Spring Rd. There will be Sunday Sales. District 6. Super District
10. (Approved by Public Services Committee September 10, 2012)
Attachments
8. Motion to approve New Application: A. N. 12 - 34: request by Musa
Anderson for an on premise consumption Liquor, Beer & Wine license
to be used in connection with The Boar's Head Public House located
at 1135 Broad St. District 1. Super District 9. (Approved by Public
Services Committee September 10, 2012)
Attachments
9. Motion to approve New Application: A. N. 12 - 35: request by Richard
Tassman for an on premise consumption Liquor, Beer & Wine license
to be used in connection with BUCA (GGGROUP), LLC D/B/A Buca di
Beppo located at 3450 Wrightsboro Rd. There will be Sunday Sales.
District 3. Super District 10. (Approved by Public Services Committee
September 10, 2012)
Attachments
10. Motion to approve New Ownership Application: A. N. 12 - 37: request
by Gurpreet Walia for a retail package Beer & Wine license to be used
in connection with P J Store located at 3184 Skinner Mill Rd. District 7.
Super District 10. (Approved by Public Services Committee
September 10, 2012)
Attachments
11. Motion to approve New Ownership Application: A. N. 12 - 36: request
by Charles Sconyers for an on premise consumption Liquor, Beer &
Wine license to be used in connection with Road Runners Cafe located
at 2821 Washington Rd. There will be Sunday Sales. District 7. Super
District 10. (Approved by Public Services Committee September 10,
2012)
Attachments
12. Motion to approve an Augusta Beautification Program Agreement
between Augusta, Georgia and Johnson, Laschober & Associates for the
Broad Street Median between 13th and 15th Street. (Approved by
Public Services Committee September 10, 2012)
Attachments
13. Motion to approve the Beams Contracting, Inc. Contract for the
Southeast Development Area Access Project as approved by the Augusta
Aviation Commission at their August 30, 2012 meeting.(Approved by
Public Services Committee September 10, 2012)
Attachments
14. Motion to approve the Choate Construction Company Contract
Modification #9 - Fixed Base Operations Construction as approved by
the Augusta Aviation Commission at their August 30, 2012 meeting.
(Approved by Public Services Committee September 10, 2012)
Attachments
15. Motion to authorize R.W. Allen, LLC to award subcontracts that
combined make up the Guaranteed Maximum Price of $11,963,209.00,
which includes all construction disciplines and trades for the Webster
Detention Center Phase II – An Inmate Processing Center and Interior
Renovations. This GMP includes the Inmate Processing Center addition
(approx. 34,000 square feet) and Interior Renovations consisting of the
following: a. Renovate the existing Admin. Area to accommodate the
Sheriff’s Office Staff being relocated from the jail located at 401 Walton
Way to the Charles B. Webster Detention Center located at 1941 Phinizy
Rd.
b. Renovate the existing Transportation and Medical Areas at Webster
Detention Center, turning these areas into two secure trustee dormitories.
c. The addition of 9 attorney-client and 1 small group privacy booths in
the existing Video Visitation Center. (Approved by Public Services
Committee September 10, 2012)
Attachments
16. Motion to approve award of the contract for repairs to the connector
canopies, building fascia, gutters, downspouts and drainage for the
Health Department Complex on North Leg Road to the low bidder, RPI
of Augusta, GA, in the amount of $83,350.00. (Approved by Public
Services Committee September 10, 2012)
Attachments
PUBLIC SAFETY
17. Motion to ratify a Grant Award Acceptance as well as to approve a 2012
RCSO budget amendment for the 2012 Edward Byrne Memorial Justice
Assistance Grant Program (JAG) to reflect increased revenue in the
amount of $93,740 which will be used to purchase 17 (seventeen)
additional Mobile Data Terminals.(Approved by Public Safety
Committee September 10, 2012)
Attachments
FINANCE
18. Motion to approve Change Number One in the amount of $236,000 to
complete the construction of the Georgia State Patrol Helicopter Rescue
Hanger and Landing Pad as requested by AED. Funds are available in
account 325-051120. (Approved by Finance Committee September
10, 2012)
Attachments
19. Motion to approve the acquisition of two replacement vehicles for the
Augusta Fire Department. (Approved by Finance Committee
September 10, 2012)
Attachments
ENGINEERING SERVICES
20. Motion to approve providing necessary signatures on furnished
agreement to include Augusta Utilities Department water and sanitary
sewer main relocations in the Georgia Department of Transportation
contract for the widening to County Road 1501/Wrightsboro Road from
Jimmie Dyess Parkway to the Interstate 520 Ramps in Richmond
County, Georgia. The estimated cost of construction is 1,575,412.58.
(Approved by Engineering Services Committee September 10, 2012)
Attachments
21. Motion to approve the deeds of dedication, maintenance agreement, and
road resolutions submitted by the Engineering and Augusta Utilities
Departments for Belfair Lakes Subdivision, Section Two. (Approved by
Engineering Services Committee September 10, 2012)
Attachments
22. Motion to approve and accept the water and sanitary sewer Deed of
Dedication and Maintenance Agreement for Cushendal subdivision.
(Approved by Engineering Services Committee September 10, 2012)
Attachments
23. Motion to approve and accept a Dixon Airline Road Easement Deed for
Additonal Rights from Lynnette Reyes. (Approved by Engineering
Services Committee September 10, 2012)
Attachments
24. Motion to approve and accept a utility Easement Deed and a
Memorandum of Understanding from Forum W.S., LLC. (Approved by
Engineering Services Committee September 10, 2012)
Attachments
25. Motion to approve and accept a utility Easement Deed from FTD, LLC.
(Approved by Engineering Services Committee September 10, 2012)
Attachments
26. Motion to approve the path forward for the Appraisal, Acquisition, and
Owner/Tenant Relocation for Hyde Park/Wilkerson Garden Drainage
Improvement Project using the Housing & Community Development
Department. (Approved by Engineering Services Committee
September 10, 2012)
Attachments
27. Motion to approve entering into an agreement with Georgia Power,
stating that Augusta, Georgia will pay for the Distribution Facility
Relocation Costs on the Marvin Griffin Road Project in accordance with
the estimate totaling $355,116.00, Change Number Five, CPB# 323-
041110-296823603. Also, approve the two Utility Relocation
Agreements for distribution facilities to be executed by the Augusta,
Georgia Legal Counsel and the Mayor, and approve payment upon
completion of the work as requested by Augusta Engineering
Department. (Approved by Engineering Services Committee
September 10, 2012)
Attachments
28. Motion to determine that a portion of Windsor Spring Road , as shown
on the attached plat (south of and adjacent to the parcel identified as map
and parcel #142-0-002-01-0) 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. (Approved by Engineering Services Committee
Attachments
September 10, 2012)
29. Motion to approve supplementing Georgia Department of
Transportation (GDOT) Contract for Resurfacing of Augusta, Georgia
Various Roads under GDOT 2012 Local Maintenance Improvement
Grant Program (LMIG). This supplement of the Contract with GDOT is
to Reeves Construction Co., in the amount of $206,878.00; Funded from
SPLOST Phase IV Recapture Account, upon receipt of signed contract
and proper bonds as requested by AED. (Approved by Engineering
Services Committee September 10, 2012) .
Attachments
30. Motion to approve the deeds of dedication, maintenance agreements,
and road resolution submitted by the Engineering and Augusta Utilities
Departments for Stone Creek Subdivision. (Approved by Engineering
Services Committee September 10, 2012)
Attachments
31. Motion to approve the deeds of dedication, maintenance agreements,
and road resolution submitted by the Engineering and Augusta Utilities
Departments for Willhaven Subdivision, Phase III, Section II.
(Approved by Engineering Services Committee September 10, 2012)
Attachments
32. Motion to approve Capital Project Budget 324-041110-201824333 and
Supplemental Agreement Number Four to Cranston Engineering Group,
PC, in the amount of $63,291.00 for the revision of the design plans as
requested for the Wrightsboro Road Widening, Phase I project. Funding
is available in the project engineering account for the Engineering
Department. (Approved by Engineering Services Committee
September 10, 2012)
Attachments
PETITIONS AND COMMUNICATIONS
33. Motion to approve the minutes of the regular meeting of the
Commission held September 4, 2012.
Attachments
****END CONSENT AGENDA****
AUGUSTA COMMISSION
9/18/2012
AUGUSTA COMMISSION
REGULAR AGENDA
9/18/2012
(Items 34-38)
PLANNING
34. Z-12-52 – A request for concurrence with the Augusta Georgia Planning
Commission to deny a petition by Billy Franke, on behalf of Pui Yin
Chan, requesting a Special Exception to establish a Liquor store in a
B-1 (Neighborhood Business) Zone per Section 21-2(c) of the
Comprehensive Zoning Ordinance for Augusta Georgia affecting
property containing approximately .86 acres and is known as 3558
Windsor Spring Road. (Tax Map 142-0-002-01-0) DISTRICT 4
Attachments
FINANCE
35. Motion to approve a request for refund for tax year 2011 due to error of
fact in the amount of $786.42 for property located at 2344 Barton Chapel
Road; owner Jeffrey LaCombe, paid by Barbara Hutchins on 2/17/2012.
(No recommendation from Finance Committee September 10, 2012)
Attachments
ENGINEERING SERVICES
36. Motion to approve Water and Sewer Revenue Bonds Series 2012 bond
resolution and authorize the Mayor and Clerk to sign all necessary
documents. (No recommendation from Finance and Engineering
Services Committees September 10, 2012)
Attachments
ATTORNEY
37. Motion to approve the LEP (Limited English Proficiency) Plan.
(Requested by the Law Department)
Attachments
LEGAL MEETING
A. Pending and Potential Litigation.
B. Real Estate.
Upcoming Meetings
www.augustaga.gov
C. Personnel.
38. Motion to authorize execution by the Mayor of the affidavit of
compliance with Georgia's Open Meeting Act.
Commission Meeting Agenda
9/18/2012 5:00 PM
Invocation
Department:
Caption:Apostle C.M. Harrington, Pastor StraitGate Church.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 1
Commission Meeting Agenda
9/18/2012 5:00 PM
Employee of the Month Award
Department:
Caption:Mr. Kelvin Williams, Augusta Utilities Department August 2012
Employee of the Month .
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 2
Attachment number 1 \nPage 1 of 1
Item # 2
Commission Meeting Agenda
9/18/2012 5:00 PM
Chamber of Commerce
Department:
Caption:Messrs. Larry Jones and Randy Hatcher., Augusta Chamber of
Commerce. (Requested by Commissioner Matt Aitken)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 3
Commission Meeting Agenda
9/18/2012 5:00 PM
Willie Battle (Men Making A Difference)
Department:
Caption:Mr. Willie Battle, Founder/Chairman of BOD (Men Making A
Difference, Inc.). RE: Richmond County Juvenile Court part-
time judges vs. full-time judges.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 4
Attachment number 1 \nPage 1 of 1
Item # 4
Commission Meeting Agenda
9/18/2012 5:00 PM
Final Plat Alexander Drive Right-of-Way S-834
Department:Planning Commission
Caption: FINAL PLAT – ALEXANDER DRIVE RIGHT-OF-WAY
DEDICATION – S-834 - A request for concurrence with the
Augusta Georgia Planning Commission to approve a petition by
Geo Survey Ltd. requesting final plat approval for the Alexander
Drive right-of-way Dedication to be located across from the
existing Alexander Drive inside the Augusta Village at
Riverwatch.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 5
Commission Meeting Agenda
9/18/2012 5:00 PM
Final Plat Heritage Park S-782-REV
Department:Planning Commission
Caption: FINAL PLAT – HERITAGE PARK – S-782-REV – A request
for concurrence with the Augusta Georgia Planning Commission
to approve a petition by H & C Surveying Inc., on behalf of JHT
Properties LLC, requesting final plat approval for Heritage Park
(formerly known as Pointe West Phase II). This residential
subdivision is located off Point West Drive and contains 24 lots.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 6
Commission Meeting Agenda
9/18/2012 5:00 PM
Z-12-53
Department:Planning Commission
Caption: Z-12-53 – A request for concurrence with the Augusta Georgia
Planning Commission to approve with the following conditions
1) that the only use of the property be a Group Personal Care
Home or those uses allowed in the R-2 zone; and 2) that an
improved driveway and parking site plan be approved and
completed before the Group Personal Care Home may begin
operation; a petition by Randy Gaitor, on behalf of Nicole
Gaitor, requesting change of zoning from Zone R-2 (Two-family
Residential) to Zone R-3B (Multiple-family Residential)
affecting property containing approximately .58 acres and is
known as 2024 Wrightsboro Road. (Tax Map 044-4-329-00-0)
DISTRICT 1
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Cover Memo
Item # 7
Clerk of Commission
Cover Memo
Item # 7
Commission Meeting Agenda
9/18/2012 5:00 PM
Z-12-54
Department:Planning Commission
Caption: Z-12-54 – A request for concurrence with the Augusta Georgia
Planning Commission to approve with the condition that the only
use of the property may be a prosthetics sales and maintenance
business or those uses allowed in a P-1 Zone; a petition by Studio 3
Design Group, on behalf of Druid Park LLC, requesting a change of
zoning from Zone P-1 (Professional) to Zone B-1 (Neighborhood
Business) affecting property containing .26 acres and is known
under the present numbering system as 1004 and 1008 Druid Park
Avenue. (Tax Map 045-2-073-00-0 & 045-2-074-00-0) DISTRICT
1
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 8
Commission Meeting Agenda
9/18/2012 5:00 PM
Z-12-55
Department:Planning Commission
Caption: Z-12-55 – A request for concurrence with the Augusta Georgia
Planning Commission to approve a petition by Ben Hagler, on
behalf of Hagler3 LLP, requesting a change of zoning from 5Zone
LI (Light Industry) to Zone HI (Heavy Industry) affecting
property containing approximately 2.84 acres and is known under
the present numbering system as 601 Sand Bar Ferry Road. (Tax
Map 062-0-001-01-0) DISTRICT 1
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 9
Commission Meeting Agenda
9/18/2012 5:00 PM
Z-12-52
Department:Planning Commission
Caption: Z-12-52 – A request for concurrence with the Augusta Georgia
Planning Commission to deny a petition by Billy Franke, on
behalf of Pui Yin Chan, requesting a Special Exception to
establish a Liquor store in a B-1 (Neighborhood Business)
Zone per Section 21-2(c) of the Comprehensive Zoning
Ordinance for Augusta Georgia affecting property containing
approximately .86 acres and is known as 3558 Windsor Spring
Road. (Tax Map 142-0-002-01-0) DISTRICT 4
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 10
Commission Meeting Agenda
9/18/2012 5:00 PM
Alcohol Application
Department:Planning & Development
Caption:Motion to appove New Ownership Application: A. N. 12 - 32:
request by Carl H. Jones for an on premise consumption Liquor,
Beer & Wine license to be used in connection with Apple Georgia,
LLC D/B/A Applebee's Neighborhood Grill & Bar located at 3117
Washington Rd. There will be Sunday Sales. District 7. Super
District 10. (Approved by Public Services Committee September
10, 2012)
Background:This is a new ownership application. Formerly in the name of
Amrest,LLC..
Analysis:The applicant meets the requirements of the City of Augusta's
Alcohol Ordinance.
Financial Impact:The applicant will pay a pro-rated fee of $3553.50
Alternatives:
Recommendation:Planning & Development recommends approval. The RCSO
recommends approval.
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 11
Attachment number 1 \nPage 1 of 3
Item # 11
Attachment number 1 \nPage 2 of 3
Item # 11
Attachment number 1 \nPage 3 of 3
Item # 11
Commission Meeting Agenda
9/18/2012 5:00 PM
Alcohol Application
Department:Planning & Development
Caption:Motion to approve New Ownership Application: A. N. 12 - 33:
request by Carl H. Jones for an on premise consumption Liquor,
Beer & Wine license to be used in connection with Apple Georgia,
LLC D/B/A Applebee's Neighborhood Grill & Bar located at 3125
Windsor Spring Rd. There will be Sunday Sales. District 6. Super
District 10. (Approved by Public Services Committee September
10, 2012)
Background:This is a new ownership application. Formerly in the name of
Amrest,LLC..
Analysis:The applicant meets the requirements of the City of Augusta's
Alcohol Ordinance.
Financial Impact:The applicant will pay a pro-rated fee of $3553.50
Alternatives:
Recommendation:Planning & Development recommends approval. The RCSO
recommends approval.
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 12
Attachment number 1 \nPage 1 of 3
Item # 12
Attachment number 1 \nPage 2 of 3
Item # 12
Attachment number 1 \nPage 3 of 3
Item # 12
Commission Meeting Agenda
9/18/2012 5:00 PM
Alcohol Application
Department:Planning & Development
Caption:Motion to approve New Application: A. N. 12 - 34: request by
Musa Anderson for an on premise consumption Liquor, Beer &
Wine license to be used in connection with The Boar's Head
Public House located at 1135 Broad St. District 1. Super District
9. (Approved by Public Services Committee September 10,
2012)
Background:This is a new application.
Analysis:The applicant meets the requirements of the City of Augusta's
Alcohol Ordinance.
Financial Impact:The applicant will pay a pro-rated fee of $2222.50.
Alternatives:
Recommendation:Planning & Development recommends approval. The RCSO
recommends approval.
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 13
Attachment number 1 \nPage 1 of 2
Item # 13
Attachment number 1 \nPage 2 of 2
Item # 13
Commission Meeting Agenda
9/18/2012 5:00 PM
Alcohol Application
Department:Planning & Development
Caption:Motion to approve New Application: A. N. 12 - 35: request
by Richard Tassman for an on premise consumption Liquor,
Beer & Wine license to be used in connection with BUCA
(GGGROUP), LLC D/B/A Buca di Beppo located at 3450
Wrightsboro Rd. There will be Sunday Sales. District 3. Super
District 10. (Approved by Public Services Committee
September 10, 2012)
Background:This is a new application.
Analysis:The applicant meets the requirements of the City of Augusta's
Alcohol Ordinance
Financial Impact:The applicant will pay a pro-rated fee of $3553.50
Alternatives:
Recommendation:Planning & Development recommends approval. The RCSO
recommends approval.
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 14
Attachment number 1 \nPage 1 of 2
Item # 14
Attachment number 1 \nPage 2 of 2
Item # 14
Commission Meeting Agenda
9/18/2012 5:00 PM
Alcohol Application
Department:Planning & Development
Caption:Motion to approve New Ownership Application: A. N. 12 - 37:
request by Gurpreet Walia for a retail package Beer & Wine
license to be used in connection with P J Store located at 3184
Skinner Mill Rd. District 7. Super District 10. (Approved by
Public Services Committee September 10, 2012)
Background:This is a new ownership application. Formerly in the name of
Jong Soon Nathanson.
Analysis:The applicant meets the requirements of the City of Augusta's
Alcohol Ordinance.
Financial Impact:The applicant will pay a pro-rated fee of $635.00.
Alternatives:
Recommendation:Planning & Development recommends approval. The RCSO
recommends approval.
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 15
Attachment number 1 \nPage 1 of 2
Item # 15
Attachment number 1 \nPage 2 of 2
Item # 15
Commission Meeting Agenda
9/18/2012 5:00 PM
Alcohol Application
Department:Planning & Development
Caption:Motion to approve New Ownership Application: A. N. 12 - 36:
request by Charles Sconyers for an on premise consumption
Liquor, Beer & Wine license to be used in connection with Road
Runners Cafe located at 2821 Washington Rd. There will be
Sunday Sales. District 7. Super District 10. (Approved by Public
Services Committee September 10, 2012)
Background:This is a new application.
Analysis:The applicant meets the requirements of the City of Augusta's
Alcohol Ordinance.
Financial Impact:The applicant will pay a pro-rated fee of $3553.50.
Alternatives:
Recommendation:Planning & Development recommends approval. The RCSO
recommends approval.
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 16
Attachment number 1 \nPage 1 of 2
Item # 16
Attachment number 1 \nPage 2 of 2
Item # 16
Commission Meeting Agenda
9/18/2012 5:00 PM
Augusta Beautification Program Agreement
Department:Recreation, Parks and Facilities
Caption:Motion to approve an Augusta Beautification Program
Agreement between Augusta, Georgia and Johnson, Laschober &
Associates for the Broad Street Median between 13th and 15th
Street. (Approved by Public Services Committee September
10, 2012)
Background:Augusta, Georgia recognizes the need and desireability of
landscaped and well-maintained roadway right-of-way. In
addition, Augusta, Georgia has a desire to promote and foster
public/private partnerships that are of benefit to the entire
community.
Analysis:Johnson, Laschober & Associates, a local multi-discipline
engineering firm, is interested in promoting a better environment
in our community. One way to accomplish this is through their
partnership with Augusta, Georgia to be responsible for and
commit to bear the costs of design, purchase, installation,
implementation and physical maintenance of the Broad Street
Median between 13th and 15th Street. This program will be
conducted in accordance with terms and conditions included in the
Augusta Beautification Program.
Financial Impact:None anticipated.
Alternatives:1. To approve the landscape maintenance agreement between
Augusta, Georgia and Johnson, Laschober & Associates for the
Broad Street Median between 13th and 15th Street. 2.Move No
Action
Recommendation:Approve Alternative Number One.
Funds are Available
in the Following
Accounts:
N/A
Cover Memo
Item # 17
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 17
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Item # 17
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Item # 17
Commission Meeting Agenda
9/18/2012 5:00 PM
Beams Contracting, Inc. Contract
Department:Augusta Regional Airport
Caption:Motion to approve the Beams Contracting, Inc. Contract for the
Southeast Development Area Access Project as approved by the
Augusta Aviation Commission at their August 30, 2012 meeting.
(Approved by Public Services Committee September 10,
2012)
Background:This project consists of constructing a new roadway and utility
corridor in order to access a portion of the airport which is
currently undeveloped. A portion of this roadway includes
General Perry Smith Parkway.
Analysis:On May 30, 2012, Augusta-Richmond County Procurement
received three (3) responsive bid proposals. The apparent low
bidder was Beam’s Contracting, Inc. with a bid price of
$4,035,194.91 for the complete project. Beams Contracting, Inc’s,
detailed bid and references, have been thoroughly reviewed and
approved to be qualified showing no issue that would keep the
contractor from completing the work satisfactorily. The letter of
recommendation and contract are attached for review and
approval.
Financial Impact:The cost of the project is $4,035,194.91.
Alternatives:Deny request.
Recommendation:Approve request.
Funds are Available
in the Following
Accounts:
328-08-1130/54-12110-210351001
REVIEWED AND APPROVED BY:Cover Memo
Item # 18
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 18
COTRACT
AUGUSTA-RICHMOD COUTY
FOR THE
AUGUSTA REGIOAL AIRPORT
And
BEAM’S COTRACTIG, IC.
(COTRACTOR)
SOUTHEAST DEVELOPMET AREA ACCESS PROJECT
Attachment number 1 \nPage 1 of 19
Item # 18
Page 2 Contract for the Southeast Development Area Access Project
This Contract for the provision of Project (hereinafter designated as the "Contract") made and entered into
as of __________________(DATE), by and between the City of Augusta (City) for the AUGUSTA REGIONAL
AIRPORT, (hereinafter designated as "Airport”) and Beam Contracting, Inc. (CONTRACTOR) (hereinafter
designated as “Contractor”) a South Carolina corporation, authorized to do business in the State of Georgia, whose
principal office is located at 15030 Atomic Road, Beech Island, South Carolina, 29842.
WITESSETH:
WHEREAS, the City is the owner and operator of a full service commercial airport known as the Augusta
Regional Airport;
WHEREAS, the City solicited a bid for the development of an access area on the Southeast portion of the
Augusta Regional Airport; and
WHEREAS, Contractor provided a bid in compliance with City and all other applicable State SPLOST
regulations.
OW, THEREFORE , in consideration of the mutual covenants, promises, and agreements herein
contained, the City and Contractor hereby agree as follows:
OBJECTIVES OF SERVICES
The objective of contracting the services described in this Contract is the construction of a road to access
undeveloped acreage on the southeastern portion of the Airport property, which is suitable for future expansion and
industrial development. The project includes the construction of approximately one mile of two and four lane
asphalt roadways; the installation of concrete curb and gutter, storm drainage culverts and structures, fire protection
and sanitary sewer utility installation; the placement of embankment of a major drainage ditch southeast of the
primary runway; providing roadway markings and signage; security fencing and gates; seeding and mulching; and
other incidental work associated with the construction.
The Airport is a full-service commercial Airport, served by Delta (ASA) Airlines, American and U.S. Airways
routinely provide 100% of the commercial arrival and departure traffic. The commercial traffic is comprised of
sixteen (16) daily arrivals and sixteen (16) daily departures, seven (7) days per week. The facilities are operated
twenty four (24) hours/day, seven (7) days/week and three hundred sixty-five days per year.
SECTIO 1.0
ARTICLE I SCOPE OF WORK
1.1 The term “Work” means the construction, labor, materials, equipment, tools, machinery, testing, temporary
services and utilities, supervision, administration, coordination, planning, insurance, bonds, transportation, security,
and all other services and things necessary to provide the Owner with the facilities, improvements, features, and
functions described in the Specifications identified in Attachment 1, and the Drawings identified in Attachment 2.
The Specifications and the Plans are hereby incorporated into and made a part of this Contract. The Contractor
agrees to complete the Work in a good, firm, substantial and workmanlike manner in strict conformity with this
Contract.
1.2 Additionally, the following specific items shall be considered a part of the Contract Documents by
reference when appropriately executed.
1.2.1 100% Labor and Materials Payment Bond.
1.2.2 100% Performance Bond.
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Item # 18
Page 3 Contract for the Southeast Development Area Access Project
1.2.3 The Certificate of Insurance (as described in Division 0 Section 00810 of the Contract
Specifications).
1.2.4 The Contractor's completed Bid Form dated May 30, 2012.
1.3 The Contractor agrees to furnish all of the materials and all of the equipment and labor necessary and to
perform all of the work entitled Southeast Development Area Access Project contract Specifications and Drawings
dated December 2011) prepared by Campbell & Paris Engineers, 313 Wingo Way, Mt Pleasant, South Carolina,
29464, in accordance with the requirements and provisions of the Contract Documents.
1.4 Unless otherwise modified, the Contractor shall furnish all of the Work in accordance with the Contract and
all incidental work necessary to complete the Project in an acceptable manner, ready for use, occupancy, or
operation by the City. The Contractor shall be responsible for the entire project and every part thereof.
ARTICLE II. TIME, TERM AD PAYMET
2.1 Contract Time. The Contractor shall commence the Work under this Contract within ten (10 ) calendar
days from the date of receiving the Notice to Proceed, as evidenced by official receipt of certified mail or
acknowledgment of personal delivery, and shall fully complete the Work within one hundred sixty (160) calendar
days from receiving such Notice to Proceed. The Contract Time may be extended only by Change Order approved
and executed by the Aviation Commission, the City and the Contractor in accordance with the terms of this
Contract. The total contract time and specifications are set forth in more detail in Division 00-Condtions of the
Contract, Section 00800, Supplementary Provisions.
2.2 Contract Price. As full payment for the faithful performance of this Contract, the City shall pay the
Contractor the Contract Price, which is an amount not to exceed four million thirty five thousand one hundred ninety
four dollars and ninety-one cents ($4,035,194.91) unless changed by written Change Order in accordance with the
terms of this Contract. Any increase of the Contract Price shall be by Change Order adopted and approved by the
Aviation Commission, the City and the Contractor in accordance with the terms of this Contract. Contractor’s bid
form is attached hereto as Attachment A.
2.3 Subject to satisfactory completion of work performed, payments on account thereof shall be made as set
forth in Division I, General Provisions, Section 01271 Measurement and Payment:
2.4 Liquidated Damages. The Contractor acknowledges that time is of the essence with respect to the Work
governed by this Contract. Contractor acknowledges and recognizes that if it fails to achieve Substantial
Completion of any portion of the Work within the Contract Time as may be extended in accordance with the terms
of this Contract, the County will sustain substantial losses as a result of such failure. The Contractor further
acknowledges that the County will suffer damages that are difficult if not impossible to accurately estimate.
Contractor shall pay liquidated damages of Five Hundred dollars ($500.00) for each calendar day that Substantial
Completion of the Work is delayed past the Contract Time. The Contractor agrees that the foregoing rate is a
reasonable pre-estimate of the probable damages that the County will suffer if Substantial Completion is delayed,
and said daily rate is intended to compensate the County for its damages and is not intended to penalize the
Contractor for its delay. The County may deduct such liquidated damages from any unpaid amounts then or
thereafter due the Contractor under this Contract.
2.5 Contractor and City agree to abide by all applicable provisions of Georgia state law concerning retain age,
including but not limited to O.C.G.A. §13-10-80. If the terms of this Contract concerning retainage conflict with
state law, state law governs.
2.6 Invoices. Original invoice(s) shall be submitted as follows:
Jack Mayfield
Campbell & Paris
313 Wingo Way
Mt. Pleasant, SC 29464
Attachment number 1 \nPage 3 of 19
Item # 18
Page 4 Contract for the Southeast Development Area Access Project
With a Copy to:
Risa Bingham
Augusta Regional Airport
1501 Aviation Way
Augusta, GA 30906
Ph: (706) 798-3236
FAX: (706) 798-1551
ARTICLE III FEDERAL WORK AUTHORIZATIO
Pursuant to O.C.G.A. §13-10-91 and Georgia Department of Labor Rule 300-10-1-.02, the City cannot enter a
contract for the physical performance of services unless the Contractor and its Subcontractors register and
participate in the Federal Work Authorization Program to verify specific information on all new employees.
3.1 Contractor certifies that it has complied and will continue to comply with O.C.G.A. §13-10-91 and Georgia
Department of Labor Rule 300-10-1-.02.
3.2 Contractor agrees to sign an affidavit evidencing its compliance with O.C.G.A. §13-10-91 and Georgia
Department of Labor Rule 300-10-1-.02. The signed affidavit is attached to this Contract as Attachment B.
3.3 Contractor agrees that in the event that it employs or contracts with any Subcontractor(s) in connection with this
Contract, Contractor will secure from each Subcontractor an affidavit that indicates the employee-number
category applicable to that Subcontractor and certifies the Subcontractor’s current and continuing compliance
with O.C.G.A. §13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. Any signed Subcontractor
affidavit(s) obtained in connection with this Contract and shall be attached hereto as Attachment C.
ARTICLE IV CORPORATE AUTHORITY
Contractor agrees to execute the Certificate of Corporate Authority attached hereto as Attachment D. The officials
of the Contractor executing this Contract are duly and properly in office and are fully authorized and empowered to
execute the same for and on behalf of the Contractor. Contractor has all requisite power and authority to enter into
and perform its obligations under this Contract. The execution and delivery by the Contractor of this Contract and
the compliance by the Contractor with all of the provisions of this Contract (i) is within the purposes, powers, and
authority of the Contractor; (ii) has been done in full compliance with applicable law and has been approved by the
governing body of the Contractor and is legal and will not conflict with or constitute on the part of the Contractor a
violation of or a breach of or a default under any indenture, mortgage, security deed, pledge, note, lease, loan, or
installment sale agreement, contract, or other agreement or instrument to which the Contractor is a party or by which
the Contractor is otherwise subject or bound, or any license, judgment, decree, law, statute, order, writ, injunction,
demand, rule, or regulation of any court or governmental agency or body having jurisdiction over the Contractor;
and (iii) has been duly authorized by all necessary action on the part of the Contractor. This Contract is the valid,
legal, binding and enforceable obligation of the Contractor.
ARTICLE V O-APPROPRIATIOS
Notwithstanding anything contained in this Contract, if sufficient funds have not been appropriated to support
continuation of this Contract for an additional calendar year or an additional term of the Contract, this Contract shall
terminate absolutely and without further obligation on the part of the City at the close of the calendar year of its
execution or if the City suspends performance pending the appropriation of funds.
ARTICLE VI IDEPEDET COTRACTOR/SUBCOTRACTOR
Contractor is acting, in performance of this Contract, as an independent Contractor. Personnel supplied by the
Contractor or its agents or subcontractors hereunder are not the City’s or the Airport’s employees or agents and
Contractor assumes full responsibility for their acts. Contractor shall be solely responsible for the payment of
compensation to Contractor's employees. The City shall not be responsible for payment of Worker's Compensation,
disability benefits, and unemployment insurance or for withholding and paying employment taxes for any
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Contractor employee, or Contractor's subcontractors or agent's employees, but such responsibility shall be solely that
of Contractor. This clause of the contract does not prevent Airport from requiring Contractor to have its employees
follow normal rules and guidelines for work performance, redirecting the efforts of the employees to meet the needs
of the facilities, performing safety or from requiring Contractor to perform the requirements of this Contract
satisfactorily, according to the terms set forth herein.
ARTICLE VII COTRACTOR'S PERFORMACE
7.1 Contractor shall, at its own expense, furnish all necessary equipment, management, supervision, labor, technical
support and other accessories and services for maintenance, and the performance of other services as described in
these Contract Documents. Such services shall be performed in strict accordance with the General Conditions,
Special Conditions, and current versions of Federal Aviation Administration (FAA) Advisory Circulars (AC)
150/5320-12 and 150/5340-1.
7.2 All performance shall be subject to inspection and approval by the Aviation Director or his designee as provided
in said Performance Work Statement. If the Contractor's performance is, or becomes unsatisfactory, as determined
by the Aviation Director, an appropriate reduction in payment due will be made from Contractor's invoice and
Contractor will be directed to correct the unsatisfactory performance. The correction of unsatisfactory performance
shall be at no additional cost to the City or the Airport.
7.3 O PARTERSHIP OR JOIT VETURE; IDEPEDET CO TRACTOR . Nothing contained in
this Contract will be deemed to create a partnership or joint venture between City and Contractor or cause City to be
responsible for the debts or obligations of Contractor or any other party. Contractor must not represent to anyone
that its relationship to City is other than as City’s Contractor. Contractor must act as an independent agent and not
as the agent of City in performing this Contract, maintaining complete control over its employees and all of its
lower-tier suppliers and subcontractors. Nothing contained in this Contract or any lower tier purchase order or
subcontract awarded by Contractor will create any contractual relationship between any lower-tier supplier or
subcontractor and City. No act or direction of the City shall be deemed to be the exercise of supervision or control
of the Contractor’s performance hereunder.
ARTICLE VIII AUTHORIZED REPRESETATIVES
8.1 CITY/AIRPORT’S REPRESETATIVE
AIRPORT’S REPRESETATIVE: shall be Clarence Fennell, Aviation Division or his designee.
8.2 COTRACTOR’S REPRESETATIVE(S)
Contractor must designate in writing a person(s) acceptable to Airport to serve as its representative
("Contractor’s Representative”) in all dealings with Airport. Contractor’s Representative may be changed
upon prior written notice delivered to Airport’s Representative. Contractor’s initial representative shall be
Charles H. Rowland, III.
ARTICLE XIV PATET IDEMITY
Except as otherwise provided, the Contractor agrees to indemnify the City and its Board of Commissioners, officers,
agents and employees against liability, including costs and expenses for infringement upon any letters or patent of
the United States arising out of the performance of this Contract or out of the use or disposal by or for the account of
the City of supplies furnished or construction work performed hereunder.
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ARTICLE X CHAGES
The City may, during the Contract period, make changes to the Scope of Work, which may result in changes to the
general scope of the Contract and its provisions. Written agreements, changes, or amendments to this Contract shall
not be binding upon the City unless signed by the Aviation Commission.
ARTICLE XI COTRACTOR’S OBLIGATIOS
The Contractor shall, in good workmanlike manner, do and perform, all work and furnish all supplies and materials,
machinery, equipment, facilities, and means, except as herein otherwise expressly specified, necessary, or proper to
perform and complete all the Work required by this Contract, within the time herein specified, in accordance with
the provisions of this Contract and said Specifications and in accordance with the Drawings of the Work covered by
this Contract and any and all supplemental drawings of the Work covered by this Contract. Contractor shall furnish,
erect, maintain, and remove such construction, plants, and such temporary works as may be required. Contractor
alone shall be responsible for the safety, efficiency, and adequacy of his plants, appliances, and methods, and for any
damage that may result from their failure or their improper construction, maintenance, or operation. The Contractor
shall observe, comply with, and be subject to all terms, conditions, requirements and limitations of the Contract and
Specifications, local ordinances, and state and federal laws; and shall do, carry on, and complete the entire Work.
ARTICLE XII TEMPORARY SUSPESIO OR DELAY OF PERFOR MACE OF COTRACT
To the extent that it does not alter the scope of this Contract, the City may unilaterally order a temporary stopping of
the work, or delaying of the work to be performed by Contractor under this Contract.
ARTICLE XIII COMMERCIAL ACTIVITIES
Neither Contractor nor its employees may establish any commercial activity or issue concessions or permits of any
kind to third parties for establishing activities at the Airport.
ARTICLE XIV COTIGET FEES
Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee
working for Contractor, to solicit or secure this Contract; and that Contractor has not paid or agreed to pay any
company, association, corporation, firm or person, other than a bona fide employee working for Contractor, any fee,
commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of
this Contract. For the breach or violation of this warranty and upon a finding after notice and hearing, City may
terminate the Contract and, at its discretion, may deduct from the Contract Sum, or otherwise recover the full
amount of any such fee, commission, percentage, gift or consideration.
ARTICLE XV RIGHTS AD REMEDIES
The rights and remedies of City provided in this paragraph are not exclusive and are in addition to any other rights
and remedies provided by law or under this Contract.
ARTICLE XVI REPRESETATIOS AD WARRATIES
16 Contractor’s Representations and Warranties Regarding Capacity to Contract and Perform
Work/Services. In order to induce the City to enter into this Contract, Contractor hereby represents and warrants to
the City as of the date above written that:
16.1. Contractor is duly organized and validly existing in good standing under the laws of the state of
South Carolina in which it is organized, is qualified to do business in all jurisdictions in which it is
operating, and has the power and authority to execute and deliver and to perform its obligations
under this Contract and the documents to which it is signatory; and
Attachment number 1 \nPage 6 of 19
Item # 18
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16.2 The execution, delivery and performance by Contractor and its undersigned representative(s) of
this Contract and other documents to which Contractor is a signatory do not require the approval
or consent of any other person, entity or government agency and do not result in any breach of any
agreement to which Contractor is a party or by which it is bound; and
16.3 The execution, delivery and performance by Contractor of this Contract and other documents to
which it is a signatory have been duly authorized by all necessary action, and constitute legal,
valid and binding obligations of Contractor, enforceable against Contractor in accordance with its
terms;
16.4 No action, suit or proceeding to which Contractor is a party is pending or threatened that may
restrain or question this Contract, or any other document to which it is a signatory, or the
enjoyment of rights or benefits contemplated herein; and
16.5 Contractor has not been debarred by any city, state or federal agency.
ARTICLE XVII ASSIGMET
17. Without the prior written consent of City, Contractor may not assign, transfer or convey any of its interests under
this Contract, nor delegate any of its obligations or duties under this Contract except as provided herein.
17.1 Consent of City Required. Any assignment of this Contract or rights under this Contract, in
whole or part, without the prior written consent of City will be void, except that, upon ten (10)
calendar days prior written notice to City, Contractor may assign monies due or to become due
under this Contract. Any assignment of monies will be subject to proper setoffs in favor of City
and to any deductions provided for in this Contract.
17.2 o Relief of Responsibilities . No assignment will be approved which would relieve Contractor
of its responsibilities under this Contract.
17.3 Parties Bound. This Contract will be binding upon and inure to the benefit of City and
Contractor and their respective successors and assigns.
ARTICLE XVIII OTICES
18. Delivery. All notices given by either party to the other under this Contract must be in writing and may be
delivered by: (i) regular mail, postage prepaid; (ii) certified or registered mail; (iii) facsimile; or (iv) hand-
delivery, to the parties at the addresses and facsimile numbers set forth in the Clause titled “Addresses”.
18.1 Receipt. Notices sent by mail will be deemed to be received upon deposit in the mail, properly
addressed. Notices sent by certified or registered mail will be deemed to be received upon the date
of the acknowledgment. Notices sent by facsimile will be deemed to be received upon successful
transmission to the proper facsimile number. Notices delivered by hand-delivery will be deemed
to be received upon acceptance by the respective party or its agent.
18.2 Change of Address or Facsimile Number. Either party may, at any time, change its respective
address or facsimile number by sending written notice to the other party of the change.
18.3 Addresses.
To CITY: For all notices to City the address will be:
Executive Director
Augusta Regional Airport
1501 Aviation Way
Augusta, Georgia 30906
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Item # 18
Page 8 Contract for the Southeast Development Area Access Project
With a copy to: Augusta General Counsel
Augusta Richmond City
Department of Law
501 Greene St.
Augusta, Georgia 30901
To COTRACTOR: For all notices to CONTRACTOR the address will be:
Beam’s Contracting, Inc.
15030 Atomic Road
Beech Island, SC 29842
(803) 827-0136 (telephone)
(803) 827-1868 (fax)
browland@beamscontracting.net
ARTICLE XIV WAIVER
The failure of City to seek redress for any violation of or to insist upon the strict performance of, any term of this
Contract will not prevent a subsequent violation of this Contract from being actionable by City. The provision in
this Contract of any particular remedy will not preclude City from any other remedy.
ARTICLE XX COMPLIACE WITH APPLICABLE LAWS AD REGU LATIOS
20. Contractor covenants and agrees that it, its agents and employees will comply with all Georgia, City, state, and
federal laws, rules, regulations, Airport Rules and Regulations and City ordinances applicable to the work to be
performed under this Contract, and that it shall obtain all necessary permits, pay all license fees and taxes to comply
therewith. Further, Contractor agrees that it, its agents, and employees will abide by all rules, regulations, and
policies of Airport during the term of this Contract, including any renewal periods. In the event that any
governmental authority imposes new or materially increased taxes upon the Contractor’s operations, the parties
agree to negotiate changes in billing reflecting such increased tax costs. All references to Federal codes, provisions,
regulations, and rules are incorporated by reference as if fully set forth herein.
ARTICLE XXI CIVIL RIGHTS ACT OF 1964, TITLE VI –
COTRACTOR’S COTRACTUAL REQUIREMETS.
During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter
referred to as the "Contractor") agrees as follows:
21.1 COMPLIACE WITH REGULATIOS. The contractor shall comply with the Regulations
relative to nondiscrimination in federally assisted programs of the Department of Transportation
(hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended
from time to time (hereinafter referred to as the Regulations), which are herein incorporated by
reference and made a part of this contract.
21.2 ODISCRIMIATIO. The Contractor, with regard to the work performed by it during the
contract, shall not discriminate on the grounds of race, color, or national origin in the selection and
retention of subcontractors, including procurements of materials and leases of equipment. The
Contractor shall not participate either directly or indirectly in the discrimination prohibited by
section 21.5 of the Regulations, including employment practices when the contract covers a
program set forth in Appendix B of the Regulations.
21.3 SOLICITATIOS FOR SUBCOTRACTS, ICLUDIG PROCUREME TS OF
MATERIALS AD EQUIPMET. In all solicitations either by competitive bidding or
negotiation made by the Contractor for work to be performed under a subcontract, including
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procurements of materials or leases of equipment, each potential subcontractor or supplier shall be
notified by the contractor of the Contractor's obligations under this contract and the Regulations
relative to nondiscrimination on the grounds of race, color, or national origin.
21.4 SACTIOS FOR OCOMPLIACE. In the event of the Contractor's noncompliance with
the nondiscrimination provisions of this Contract, the Airport shall impose such contract sanctions
as it or the FAA may determine to be appropriate, including, but not limited to:
(a.) Withholding of payments to the Contractor under the contract until the Contractor
complies, and/or
(b.) Cancellation, termination, or suspension of the Contract, in whole or in part.
21.17 CLEA AIR AD WATER POLLUTIO COTROL: (49 CFR Part 18.36(i) (12))
Contractors and subcontractors agree:
(a) That any facility to be used in the performance of the contract or subcontract or to benefit from
the contract is not listed on the Environmental Protection Agency (EPA) List of Violating
Facilities;
(b) To comply with all the requirements of Section 114 of the Clean Air Act, as amended, 42
U.S.C. 1857 et seq. and Section 308 of the Federal Water Pollution Control Act, as amended, 33
U.S.C. 1251 et seq. relating to inspection, monitoring, entry, reports, and information, as well as
all other requirements specified in Section 114 and Section 308 of the Acts, respectively, and all
other regulations and guidelines issued thereunder;
(c ) That, as a condition for the award of this contract, the Contractor or subcontractor will notify
the awarding official of the receipt of any communication from the EPA indicating that a facility
to be used for the performance of or benefit from the contract is under consideration to be listed on
the EPA List of Violating Facilities;
(d) To include or cause to be included in any construction contract or subcontract which exceeds $
100,000 the aforementioned criteria and requirements.
ARTICLE XXII RIGHT TO ISPECT PREMISES .
The City may, at reasonable times, inspect the part of the plant, place of business, or work site of Contractor or any
of its subcontractor or subunit thereof which is pertinent to the performance of any Contract awarded or to be
awarded.
ARTICLE XXIII ROYALTIES AD PATETS
The Contractor shall hold and save the City and its elected officials, officers, agents, servants, and employees,
harmless from liability of any nature or kind, including cost and expenses for, or on account of, any patented or
unpatented invention, process, article, or appliance manufactured or used in the performance of the Contract,
including its use by the City, unless otherwise specifically stipulated in the Contract.
ARTICLE XXIV PROHIBITED ITERESTS
No official of the City who is authorized in such capacity and on behalf of the City to negotiate, make, accept, or
approve, or to take part in negotiating, making, accepting, or approving any architectural, engineering, inspection,
construction, or material supply contract, or any subcontract in connection with the construction of the Project, shall
become directly or indirectly interested personally in this Contract or in any part hereof. No officer, employee,
architect, attorney, engineer, or inspector of or for the City who is authorized in such capacity and on behalf of the
City to exercise any legislative, executive, supervisory, or other similar functions in connection with the
construction of the Project, shall become directly or indirectly interested personally in this Contract or in any part
thereof, any material supply contract, subcontract, insurance contract, or any other contract pertaining to the Project.
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ARTICLE XXV ISURACE
During the term of this Contract, Contractor shall provide, pay for, and maintain with companies reasonably
satisfactory to the City and the Aviation Commission, the types of insurance as set forth in the Augusta-Richmond
County Code, and Georgia law as the same may be amended from time to time, and as described herein. All
insurance shall be issued by insurance companies eligible to do business in the State of Georgia and with an Insurer
rated “A” or better by AM Best. All policies shall include hold harmless provisions. In the event of a conflict
between the provisions of the Augusta-Richmond County Code and this Contract, the more stringent requirement
shall govern. In no event shall Contractor maintain any insurance less than the requirements set forth in the
Augusta-Richmond County Code, as amended.
25.1 All liability policies of Contractor and its subcontractors shall provide coverage that includes, or
has the same substantive effect as the following:
25.2 The Contractor shall procure and maintain continuously in effect throughout the term of its
activities upon the Airport at Contractor’s sole expense, insurance of the types and in at least such
minimum amounts as set forth in this Section.
25.3 The Contractor’s insurance policies as required by this Contract shall apply separately to the City
as if separate policies had been issued to Contractor and City. The Contractor’s Comprehensive
General Liability policy shall protect the City, its officers, elected officials, employees, agents and
the Aviation Commission and its employees against any and all liability created by reason of
Contractor’s conduct.
25.4 The Contractor’s insurance shall not be subject to cancellation or material alteration until at least
thirty (30) days written notice has been provided to the City’s Risk Manager.
(a) Contractor shall furnish to the Risk Manager Certificates of Insurance evidencing that all
of the herein stated requirements have been met. The amount or amounts of all required
policies shall not be deemed a limitation of the Contractor’s Contract to indemnify and
hold harmless the City, its officers, elected officials, employees, agents and the Aviation
Commission and its employees; and in the event Contractor or the City shall become
liable in an amount in excess of the amount or amounts of such policies, then the
Contractor shall save the City, its officers, elected officials, employees, agents and the
Aviation Commission and its employees harmless from the whole thereof, except in the
event of the sole gross negligence of the City.
25.5 The Contractor is required to maintain minimum insurance to protect the Contractor and Augusta,
GA from the normal insurable liabilities that may be incurred by Contractor. In the event such
insurance as required shall lapse, the City and the Aviation Commission reserve the right to obtain
such insurance at the Contractor’s sole expense.
25.6 The insurance policies for coverage listed in this Section shall contain a provision that written
notice of cancellation or any material change in policy by the insurer shall be delivered to the City
no less than thirty (30) days prior to cancellation or change.
25.7 Contractor shall carry the following types and minimum amounts of insurance coverage at the
Airport:
(a) Worker’s Compensation Insurance - With employer’s liability coverage of at least
$1,000,000 each accident, $1,000,000 each employee and a $1,000,000 disease policy
limit. The foregoing insurance shall be endorsed to state that that the workers’
compensation carrier waives its right of subrogation against the Augusta Richmond
County Board of Commissioners, their officers, agents, elected and appointed officials,
representatives, volunteers, and employees and the Aviation Commission.
Attachment number 1 \nPage 10 of 19
Item # 18
Page 11 Contract for the Southeast Development Area Access Project
(b) Comprehensive General Liability Insurance – In the amount of Five Million ($5,000,000)
against claims for bodily injury, death or property damage occurring on, in about the
Contractor’s premises and the Airport, in an amount recommended by the Risk Manager
and acceptable to the City. Said coverage shall include products and completed
operations. The foregoing insurance shall be endorsed to state that it will be primary to
the Aviation Commission’s insurance and that the carrier waives its right of subrogation
against Augusta-Richmond County, the Aviation Commission, and their officers, agents,
elected and appointed officials, representatives, volunteers, and employees. Augusta-
Richmond County Commission, the Aviation Commission, and their officers, agents,
elected and appointed officials shall be added as additional insureds on said policies,
including products and completed operations. Said policy shall contain Severability of
Interest Clause and shall include Contractual Liability coverage at least as broad as that
given in the most current CG 00 01 ISO form.
(c) Automobile Insurance. For any vehicles authorized in writing by the Executive Director
to operate on the Aircraft Operating Area (AOA) of the Airport, Automobile Insurance in
the minimum amount of Five Million Dollars ($5,000,000.00) combined single limit
coverage. If the Contractor’s Comprehensive General Liability coverage includes
vehicular operations on the Airport, separate automobile insurance shall not be required.
The foregoing insurance shall be endorsed to state that it will be primary to the Aviation
Commission’s insurance and that the carrier waives its right of subrogation against
Augusta-Richmond County, the Aviation Commission, and their officers, agents, elected
and appointed officials, representatives, volunteers, and employees. Augusta-Richmond
County Commission, the Aviation Commission, and their officers, agents, elected and
appointed officials shall be added as additional insureds on said policies. Said policy shall
contain Severability of Interest Clause and shall include contractual liability coverage at
least as broad as that given in the most current CA 00 01 ISO form.
(d) All such evidence of insurance shall be in the form of certificates of insurance
satisfactory to the City and its Risk Manager, accompanied by a certified true copy of an
endorsement to each policy containing the above language. The insurance coverage and
limits required shall be evidenced by properly executed certificates of insurance. These
certificates shall be signed by the authorized representative of the insurance company
shown on the certificate. The required policies of insurance shall be in compliance with
the laws of the State of Georgia.
25.8 If at any time the Aviation Director requests a written statement from the insurance company as to
any impairments to the aggregate limit, Contractor shall promptly authorize and have delivered
such statement to the Aviation Commission. Contractor authorizes the Aviation Commission
and/or the City’s Risk Manager to confirm with Contractor’s insurance agents, brokers, and
insurance companies all information furnished.
25.9 The acceptance of delivery to the City and the Aviation Commission of any certificate of
insurance evidencing the insurance coverage and limits required under this Contract does not
constitute approval or acceptance by the City or the Aviation Commission that the insurance
requirements in this Contract have been met. No operations shall commence at the Airport unless
and until the required certificates of insurance are in effect and approved by the City.
25.10 The Contractor and the City understand and agree that the minimum limits of the insurance herein
required may, from time to time, become inadequate, and Contractor agrees that it will increase
such minimum limits upon receipt of written notice defining the basis of the increase. The
Contractor shall furnish the City, within sixty (60) days of the effective date thereof, a certificate
of insurance evidencing that such insurance is in force.
25.11 If at any time the Airport Director requests a written statement from the insurance companies as to
any impairments to the Aggregate Limit, prompt authorization and delivery of all requested
Attachment number 1 \nPage 11 of 19
Item # 18
Page 12 Contract for the Southeast Development Area Access Project
information will be given to the Aviation Commission. Renewal Certificates of Insurance must be
provided to the City and Aviation Commission as soon as practical but in every instance prior to
expiration of current coverage.
25.12 The amounts and types of insurance shall conform to the following minimum requirements with
the use of Insurance Service Office policies, forms, and endorsements or broader, where
applicable. Notwithstanding the foregoing, the wording of all policies, forms, and endorsements
must be reasonably acceptable to the City and Aviation Commission.
25.13 An insurance binder letter or a Certificate of Insurance must be sent to:
City of Augusta
Risk Manager
530 Greene Street
Room 217
Augusta, Ga. 30901
(706) 821-2502 (Fax)
ARTICLE XXVI IDEMIFICATIO AD HOLD HARMLESS
Contractor agrees to indemnify and hold harmless the Augusta Aviation Commission, Augusta-Richmond County
Board of Commissioners and their members, officers, elected officials, agents, servants, employees and successors
in office, as set forth in the Augusta-Richmond County Code, and particularly Article 1, Chapter 3, Division 1,
Section 1-3-8.5, Indemnity and Insurance, as the same may be amended from time to time, and described herein,
from any and all claims including reasonable attorney's fees and expenses of litigation incurred by the Augusta-
Richmond County Board of Commissioners and the Augusta Aviation Commission, in connection therewith related
to or arising out of any damage or injury to property or persons, occurring or allegedly occurring in, on or about
Airport property which are in any way related to or arising out of any failure of Contractor to perform its obligations
hereunder. Contractor further agrees that the foregoing contract to indemnify and hold harmless applies to any
claims for damage or injury to any individuals employed or retained by Contractor in connection with any changes,
additions, alterations, modifications and/or improvements made to the premises, and hereby releases the Augusta-
Richmond County Board of Commissioners and the Augusta Aviation Commission, from liability in connection
with any such claims. In the event of a conflict between the provisions of the Augusta-Richmond County Code and
this Contract, the broader requirement shall govern.
ARTICLE XXVII BODS
27.1 The Contractor shall provide payment and performance bonds. The amount of the premiums for
such bonds shall be included in the Price. The bonds shall each be in an amount not less than
100% of the preconstruction cost at the time of the execution of this Contract. Each bond shall:
(a) Be in a form approved by the City;
(b) Incorporate by reference the terms of this Contract for Southeast Development Area Access
Project;
(c) Be executed by a company certified by the Secretary of the United States Department of
Treasury pursuant to the Act of July 30, 1947 (61 Stat. 646, as amended; 6 U.S.C. 6-13) and
listed in the most current U.S. Treasury Circular 570 document “Surety Companies
Acceptable on Federal Bonds,” as published in the Federal Register, and having a current
A.M. Best rating of "A" (Superior) with a Financial Size Category of XII or better.
(d) Be executed by a company licensed and authorized to do business in the state of Georgia;
(e) Be accompanied by a power of attorney certifying that the persons executing the bond
have the authority to do so.
27.2 The Contractor shall deliver any required bonds and powers of attorney to the City prior to
commencement of the Work.
27.3 The bonding company that issues the bonds must be registered with The Surety Association of
America (SAA).
Attachment number 1 \nPage 12 of 19
Item # 18
Page 13 Contract for the Southeast Development Area Access Project
27.4 The bonds shall remain in effect for a period of not less than two (2) years following the date of
delivery or the time required to resolve any items of incomplete work and payment of any disputed
amounts whichever time period is longer, or any statutory period applicable to City.
27.5 No surety will be accepted who is now in default or delinquent on any bonds or who is interested
in any litigation against City.
27.6 Each surety shall designate an agent resident in the State of Georgia to whom any requisite notices
may be delivered and on whom services of process may be had in matters arising out of such
surety provider.
ARTICLE XXVIII FORCE MAJEURE
28.1 Neither party hereto shall be considered in default in the performance of its obligations hereunder
to the extent that the performance of any such obligation, except the payment of money, is
prevented or delayed by any cause, existing or future, which is beyond the reasonable control of
the affected party, or by a strike, lockout or other labor difficulty, the settlement of which shall be
within the sole discretion of the party involved.
28.2 Each party hereto shall give notice promptly to the other of the nature and extent of any Force
Majeure claimed to delay, hinder or prevent performance of the services under this Contract. In
the event either party is prevented or delayed in the performance of this obligation by reason of
such Force Majeure, there shall be an equitable adjustment of the schedule.
28.3 Contractor will not be liable for failure to perform or for delay in performance as a result of Force
Majeure, including the following:
(a) Any cause beyond its reasonable control;
(b) Any act of God;
(c) Inclement weather;
(d) Earthquake;
(e) Fire;
(f) Explosion;
(g) Flood;
(h) Strike or other labor dispute;
28.4 Any shortage or disruption of or inability to obtain labor, material, manufacturing facilities,
power, fuel or transportation from unusual sources, or any other transportation facility;
28.5 Delay or failure to act of any governmental or military authority;
28.6 Any war, hostility or invasion;
28.7 Any embargo, sabotage, civil disturbance, riot or insurrection;
28.8 Any legal proceedings; or
28.9 Failure to act by Contractor’s suppliers due to any cause which Contractor is not responsible, in
whole or in part.
ARTICLE XXIX PERMITS
29.1 Contractor shall obtain and maintain at all times all necessary licenses, permits and certifications to perform the
work described in the Contract. Contractor shall furnish copies of all licenses, permits, and certifications to the
Airport.
29.2 WORK PERMITS REQUIRED
Contractor agrees and acknowledges that its employees and agent's employees, as well as any
subcontractors or subcontractors' personnel, working on the Contract must be United States citizens, or
must be lawfully admitted for residence and be permitted to work in the United States under the
Immigration and Naturalization Act, 8 U.S.C. 1101, et seq.
Attachment number 1 \nPage 13 of 19
Item # 18
Page 14 Contract for the Southeast Development Area Access Project
ARTICLE XXX AIRPORT SECURITY REQUIREMETS/ SPECIAL
IDETIFICATIO DISPLAY AREA (SIDA) BADGES
30. Contractor’s employees may be required to operate in Airport secure areas. Contractor shall be required to obtain the
Airport’s Special Identification Display Area (SIDA) badges for any employee working in the secured area. Contractor shall
comply, at its own expense, with the Transportation Security Authority (TSA) and the Airport’s security requirements for the
Airport including, but not limited to employee training and badging. Contractor shall cooperate with the TSA and the Airport
on all security matters and shall promptly comply with any project security arrangements established by the Airport.
Compliance with such security requirements shall not relieve Contractor of its responsibility for maintaining proper security
for the above-noted items, nor shall it be construed as limiting in any manner Contractor’s obligation with respect to all
applicable federal, state and local laws and regulations and its duty to undertake reasonable action to establish and maintain
secure conditions at and around the Premises and throughout the Airport. All employees shall be properly badged and
comply with all Airport safety and security rules.
30.1 To qualify for the badge, individual must be fingerprinted and have a background investigation
completed. In addition, the Airport will conduct a background inquiry and require finger printing
of all individuals who will be working on the secured side of the Airport screening point. This
may also include collection of appropriate criminal history information, contractual and business
associations and practices, employment histories, reputation in the business community and credit
reports for the Contractor, as well as, its employees.
30.2 Contractor consents to such an inquiry and agrees to make available to the Airport such books and
records the Airport deems necessary to conduct the review.
30.3 Contractor shall pay all costs associated with providing SIDA badges.
ARTICLE XXXI HAZARDOUS MATERIALS
Contractor shall not cause or permit any Hazardous Material to be brought, kept or used in or about the Airport by
Contractor, its agents, employees, subcontractors, or invitees. Without limiting the foregoing, if the presence of any
Hazardous Material in the Airport caused or permitted by Contractor results in any contamination of the Airport, Contractor
shall promptly take all actions at its sole expense as are necessary to return the Airport to the conditions existing prior to the
introduction of such Hazardous Material to the Airport; provided that Airport’s approval of such actions, and the corrective
actions to be used by Contractor in connection therewith, shall first be obtained. The term “Hazardous Material” means any
hazardous or toxic substance, material, or waste, which is or becomes regulated by any local governmental authority or the
United States Government. The term “Hazardous Material” includes, without limitation, any material or substance which is
(i) defined as a “hazardous waste”, “extremely hazardous waste”, or “restricted hazardous waste” or similar term under any
laws now or hereafter enacted by the United States or the State of Georgia or any political subdivision thereof, or (ii)
designated a “hazardous substance” pursuant to the Federal Water Pollution Control Act, 33 U.S.C. § 1317, or (iii) defined as
a “hazardous waste” pursuant to the Federal Resource Conservation and Recovery Act, 42 U.S.C.§ 6901 et seq., or (iv)
defined as a “hazardous substance” pursuant to the Comprehensive Environmental Response, Compensation and Liability
Act, 42 U.S.C. § 9601 et seq.
ARTICLE XXXII GOODS, PRODUCTS AD MATERIALS
32.1 The Contractor shall furnish goods, products, materials, equipment and systems which:
32.2 Comply with this Contract for construction of the Southeast Development Area Access project and
all applicable SPLOST regulations;
32.3 Conform to applicable regulations, specifications, descriptions, instructions, data and samples;
32.4 Are new and without damage;
32.5 Are of quality, strength, durability, capacity or appearance equal to or higher than that required by
the Contract Documents;
Attachment number 1 \nPage 14 of 19
Item # 18
Page 15 Contract for the Southeast Development Area Access Project
32.6 Are free from defects; and
32.7 Are beyond and in addition to those required by manufacturers' or suppliers' specifications where
such additional items are required by the Contract Documents.
32.8 All goods, products, materials, equipment and systems named or described in the Contract
Documents, and all others furnished as equal thereto shall, unless specifically stated otherwise, be
furnished, used, installed, employed and protected in strict compliance with the specifications,
recommendations and instructions of the manufacturer or supplier, unless such specifications,
recommendations or instructions deviate from applicable FAA advisory circulars or the Contract
Documents, in which case the Contractor shall so inform the City and shall proceed as directed by
the City. The Contractor shall coordinate all subcontracts to verify compatibility of goods,
products, materials, equipment and systems, and the validity of all warranties and guarantees,
required by the Contract Documents.
ARTICLE XXXIII PROHIBITIO AGAIST COTIGET FEES
The Contractor by execution of this Contract warrants that it has not employed or retained any company or person,
other than a bona fide employee working solely for it, to solicit or secure this Contract and that it has not paid or
agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely
for it, any fees, commission, percentage, gift, or other consideration contingent upon or resulting from the award or
making of this Contract.
ARTICLE XXXIV USE OF AUGUSTA, GEORGIA LADFILL
All contracts for contractors performing demolition and/or construction projects for Augusta, Georgia shall contain a
provision requiring that all 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 through manifests, which shall include the types of material disposed of, the name and location of
the disposal facility, date of disposal and all related fees.
ARTICLE XXXV WARRATIES AD CORRECTIO OF WORK
35.1 The Contractor shall guarantee all Work to have been accomplished in conformance with the Contract. Neither
the final certificate of payment nor any provision of the Contract, nor partial or entire occupancy or use of the Work
by the City, shall constitute an acceptance of any part of the Work not done in accordance with the Contract, or
relieve the Contractor of liability for incomplete or faulty materials or workmanship. The Contractor shall promptly
remedy any omission or defect in the Work and pay for any damage to other improvements or facilities resulting
from such omission or defect which shall appear within a period of one year from the date of final acceptance,
unless a longer period is elsewhere specified. In the event that the Contractor should fail to make repairs,
adjustments, or other remedy that may be made necessary by such defects, the City may do so and charge the
Contractor the cost thereby incurred. The Performance Bond shall remain in full force and effect through the
guarantee period.
35.2 The Contractor warrants to the City that materials and equipment furnished under the Contract will be of good
quality and new unless otherwise required or permitted by the Contract, that the Work will be free from defects not
inherent in the quality required or permitted, and that the Work will conform to the requirements of the Contract.
Work not conforming to these requirements, including substitutions not properly approved and authorized, is
considered defective. The City, in its sole discretion, may exclude from the Contractor's warranty, remedies for
damage or defect, which the City determines, were caused by abuse, modifications not executed by the Contractor,
improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by
the City, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment.
All warranties and guaranties shall extend for the greatest of one year commencing on the dates of Substantial
Completion of the Project or such longer period of time as is required by the Contract. The one-year period shall be
extended with respect to portions of the Work first performed after Substantial Completion for a period of one year
Attachment number 1 \nPage 15 of 19
Item # 18
Page 16 Contract for the Southeast Development Area Access Project
after the actual performance of the Work. If any defect or deviation should exist, develop, be discovered or appear
within such one year period, the Contractor, at it sole cost and expense and immediately upon demand, shall fully
and completely repair, correct, and eliminate such defect. The foregoing warranties and guarantees are cumulative
of and in addition to, and not restrictive of or in lieu of, any and all other warranties and guarantees provided for or
required by law. No one or more of the warranties contained herein shall be deemed to alter or limit any other.
35.3 The obligation of this Section shall survive acceptance of the Work and termination of the Contract. All
manufacturer warranties and guarantees shall be delivered to the City prior to Substantial Completion and such
delivery shall be a condition precedent to the issuance of the Certificate of Substantial Completion. Before Final
Payment, the Contractor shall assign and transfer to the City all guarantees warranties and agreements from all
contractors, Subcontractors, vendors, Suppliers, or manufacturers regarding their performance quality of
workmanship or quality of materials supplied in connection with the Work. The Contractor represents and warrants
that all such guarantees, warranties and agreements will be freely assignable to the City, and that upon Final
Completion of the Work, all such guarantees, warranties and agreements shall be in place and enforceable by the
City in accordance with their terms.
Attachment number 1 \nPage 16 of 19
Item # 18
Page 17 Contract for the Southeast Development Area Access Project
SECTIO 2.0
GEERAL PROVISIOS, TECHICAL SPECIFICATIOS AD AP PEDICES
PLEASE SEE ATTACHMET E
Attachment number 1 \nPage 17 of 19
Item # 18
Page 18 Contract for the Southeast Development Area Access Project
SECTIO 3.0
ADDITIOAL TERMS AD CODITIOS
ARTICLE XXXVI PERMITS, LICESES AD CERTIFICATIOS
Contractor shall provide a copy of all relevant licenses and certifications.
ARTICLE XXXVII ARTICLE COFLICT I DOCUMETS AD PR ESET DOCUMETS
The Contractor shall in no case claim a waiver of any specification requirements on the basis of previous approval of
material or workmanship on other jobs of like nature or on the basis of what might be considered “standard” for
material or workmanship in any particular location. The Contract for this Project shall govern the Work. If any
portion of the Contract shall be in conflict with any other portion, the various documents comprising the Contract
shall govern in the following order of precedence: Contract, Change Orders or modifications issued after execution
of the Contract; the General Requirements of the Contract; the Specifications; the Drawings; as between schedules
and information given on the drawings, the schedules shall govern; as between figures given on Drawings and the
scaled measurements, the figures shall govern; as between large-scale Drawings and small-scale Drawings, the
larger scale shall govern; and detailed drawings shall govern over general drawings; the Bid Document Package.
ARTICLE XXXVIII JUDICIAL ITERPRETATIO
Should any provision of this Contract require judicial interpretation, it is agreed that the court interpreting or
construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one
party by reason of the rule of construction that a document is to be construed more strictly against the party who
itself or through its agent prepared same, it being agreed that the agents of all parties have participated in the
preparation hereof and all parties have had an adequate opportunity to consult with legal counsel.
ARTICLE XXXIV GOVERIG LAW
This Contract will be construed under Georgia law, including the Georgia Uniform Commercial Code; all remedies
available under that code are applicable to this Contract. Contractor and Augusta-Richmond City fix jurisdiction
and venue for any action brought with respect to this Contract in Augusta-Richmond City, Georgia. Contractor
specifically consents to venue in Richmond City and waives any right to contest the venue in the Superior Court of
Richmond City, Georgia or the Southern District Court of Georgia.
ARTICLE XL ETIRE AGREEMET
This Contract constitutes the sole Contract between the City and the Contractor. No representations oral or written
not incorporated herein shall be binding on the parties. No Change Order, Field Order, amendment or modification
of this Contract shall be enforceable unless approved by official action as provided in this Contract. Attached hereto
and incorporated herein as part of this Contract are Addendums, Insurance, Statement of Non-Discrimination, Non-
Collusion Affidavit of Prime Bidder Non-Collusion Affidavit of Sub-Contractor(s), Conflict of Interest and
Contractor Affidavit and Agreement, Bidder’s Form/Acknowledgement of Addenda, Georgia Security and
Immigration Contractor Affidavit, Georgia Security and Immigration Subcontractor Affidavit, Buy America
Certification , and Certification Of Non-segregated Facilities.
ARTICLE XLI COUTERPARTS
This Contract may be executed in several counterparts, each of which shall be deemed an original, and all such
counterparts together shall constitute one and the same Contract.
Attachment number 1 \nPage 18 of 19
Item # 18
Page 19 Contract for the Southeast Development Area Access Project
ARTICLE XLII CAPTIOS
The section captions contained in this Contract are for convenience only and do not in any way limit or amplify any
term or provision hereof. The use of the terms "hereof," "hereunder" and "herein" shall refer to this Contract as a
whole, inclusive of the Attachments, except when noted otherwise. The use of the masculine or neuter genders
herein shall include the masculine, feminine and neuter genders and the singular form shall include the plural when
the context so requires.
ARTICLE XLIII FURTHER ACTS
City and Contractor each agrees to perform any additional acts, execute, and deliver any additional documents as
may reasonably be necessary in order to carry out the provisions and effectuate the intent of this Contract.
I WITESS WHEREOF , the parties hereto have caused this Contract to be executed by their appropriate
officials, as of the date first written above.
____________________________
Jay Forrester, Chairman
Augusta Regional Airport Aviation Commission
ATTEST:____________________________
CONTRACTOR AUGUSTA-RICHMOND CITY COMMISSION
BEAM’S CONTRACTING, INC.
BY:_____________________________ BY:___________________________
TITLE:__________________________ TITLE:________________________
ATTEST: ATTEST:
________________________________ ______________________________
City Clerk
___________________________
City of Augusta General Counsel
Reviewed as to form
Attachment number 1 \nPage 19 of 19
Item # 18
C A M P B E L L & P A R I S
E N G I N E E R S
313 WINGO WAY
MT. PLEASANT, SOUTH CAROLINA 29464
WWW.CAMPBELL-PARIS.COM
TEL 843.856.9989/FAX 843.856.2829
June 15, 2012
Mr. Gary Le Tellier, AAEExecutive Director
Augusta Regional Airport
1501 Aviation WayAugusta, Georgia 30906
RE:Southeast Development Area Access Project
Augusta Regional Airport at Bush FieldLetter of Recommendation and Bid Analysis
Dear Mr. Le Tellier:
On May 30,2012,the City of Augusta’s Procurement Department received three (3) bid
proposals for consideration associated with the above referenced project. Each proposal was
opened by the Procurement Department’s representative and then reviewed to determine if thebid package was a responsive bid.Each bid was deemed “responsive” and the bid amounts
were read aloud. The apparent low bidder was Beam’s Contracting, Inc.with a bid price of$4,035,194.91 for the complete project.The second low bidder,Reeves ConstructionCompany’s bid price was $4,059,602.60, and the third low bidder, Masasanna Construction’s
bid price was $4,890,000.00.
Enclosed is the overall bid analysis with results from the three (3) bidders, as well as a general
list of projects completed by the low bidding contractor,Beam’s Contracting, Inc. Upon adetailed review of the submitted bids,it was determined all of the Bidder’s Schedule of Unit
Prices proposals to be mathematically correct and was prepared in accordance with the contract
documents.
Beam’s Contracting, Inc’s bid amount is approximately 26.5% below the Engineer’s estimate
and represents the low bid, whereas,the next low bidder, Reeves Construction Company’s bidamount is approximately 26%below the Engineer’s estimate.In reviewing the unit prices of the
apparent low bidder,it was determined their unit costs are very competitive.
In reviewing Beam’s Contracting, Inc’s (BCI)project references, it was determined:
-BCI have been in the construction industry since 1978,-BCI have successfully completed numerous projects in the CSRA, including the City of
Augusta-Richmond County, Fort Gordon, City of North Augusta and the Georgia
Department of Transportation, and-BCI has over 125 employees.
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Attachment number 2 \nPage 1 of 4
Item # 18
Mr. Gary Le Tellier, AAE
Contractor Letter of Recommendation forSoutheast Development Area Access Project
June 15, 2012
Page 2 of 2
Therefore, based upon my review it is believed Beam’s Contracting, Inc.to be qualified and findno reason they would not perform the specified work satisfactorily.
Should you have any questions or need any additional information, please do not hesitate tocontact me at 843.856.9989.
Sincerely,Campbell & Paris Engineers
Jack L. Mayfield, P.E.
Vice President
cc:Julie Orwen/AGS
Clarence Fennell/AGS
HD Campbell, Jr./CPEFile
Attachment number 2 \nPage 2 of 4
Item # 18
MAY 2012
Bid Tab from May 30, 2012 Bid Opening
ITEM SPEC. SECTION ITEM DESCRIPTION UNIT QUANTITY
UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST
1 MD-3.1 Mobilization/Demobilization LS 1 $406,835.53 $406,835.53 $108,271.00 $108,271.00 $283,000.00 $283,000.00 $201,362.00 $201,362.00
2 MD-3.2 Performace Bonds and Labor & Materials Payment Bonds LS 1 $30,000.00 $30,000.00 $43,067.00 $43,067.00 $135,000.00 $135,000.00 $50,000.00 $50,000.00
3 MD-3.3 Project Insurance LS 1 $20,000.00 $20,000.00 $7,465.00 $7,465.00 $100.00 $100.00 $50,000.00 $50,000.00
4 MD-3.4 Engineer and Contractor Offices and Staging Area LS 1 $50,000.00 $50,000.00 $65,909.00 $65,909.00 $30,000.00 $30,000.00 $50,000.00 $50,000.00
5 MD-3.5 Maintenance of Traffic LS 1 $50,000.00 $50,000.00 $100,041.00 $100,041.00 $35,000.00 $35,000.00 $100,000.00 $100,000.00
6 MD-3.6 Construction and Maintenance of Haul Routes LS 1 $20,000.00 $20,000.00 $7,500.00 $7,500.00 $35,000.00 $35,000.00 $20,000.00 $20,000.00
7 02221.4.2.1 Miscelaneous Demolition/Removal LS 1 $15,000.00 $15,000.00 $5,063.00 $5,063.00 $10,000.00 $10,000.00 $30,000.00 $30,000.00
8 02221.4.2.2 Full Depth Pavement Demolition/Removal SY 207 $5.00 $1,035.00 $8.58 $1,776.06 $6.00 $1,242.00 $25.00 $5,175.00
9 02221.4.2.3 Variable Depth Cold Mill SY 2,102 $2.50 $5,255.00 $2.33 $4,897.66 $4.65 $9,774.30 $5.00 $10,510.00
10 02221.4.2.4 Demolish/Remove Existing AOA Fence LF 2,120 $10.00 $21,200.00 $2.81 $5,957.20 $5.75 $12,190.00 $6.00 $12,720.00
11 02221.4.2.5 Demolish/Remove Existing Guardrail LF 496 $25.00 $12,400.00 $5.32 $2,638.72 $2.80 $1,388.80 $5.00 $2,480.00
12 02221.4.2.6 Demolish/Remove Existing 24" to 36" Pipe LF 206 $50.00 $10,300.00 $3.25 $669.50 $20.65 $4,253.90 $15.00 $3,090.00
13 02221.4.2.7 Demolish/Remove Existing 60" CMP Pipe LF 145 $75.00 $10,875.00 $3.56 $516.20 $31.00 $4,495.00 $25.00 $3,625.00
14 02230-4.2.1 Clear/Grubb AC 30 $7,500.00 $225,000.00 $3,628.00 $108,840.00 $3,600.00 $108,000.00 $2,000.00 $60,000.00
15 02230-4.2.2 Clear Existing Drainage Ditch AC 1 $9,000.00 $9,000.00 $3,628.00 $3,628.00 $17,000.00 $17,000.00 $15,000.00 $15,000.00
16 02230.3.21.A Unclassified Excavation CY 94,250 $8.00 $754,000.00 $3.97 $374,172.50 $2.90 $273,325.00 $10.00 $942,500.00
17 02230.3.21.C Subgrade Preparation SY 29,661 $2.00 $59,322.00 $1.00 $29,661.00 $0.90 $26,694.90 $3.00 $88,983.00
18 02304-9.1 Cement Treated Base - 8" depth SY 18,491 $14.00 $258,874.00 $12.34 $228,178.94 $11.35 $209,872.85 $13.00 $240,383.00
19 02304-9.2 Cement Treated Base - 6" depth SY 4,978 $12.00 $59,736.00 $13.85 $68,945.30 $13.00 $64,714.00 $12.00 $59,736.00
20 02304-9.3 Portland Cement for Cement Treated Base TON 884 $150.00 $132,600.00 $126.00 $111,384.00 $112.00 $99,008.00 $110.00 $97,240.00
21 02400.1
Asph Conc 12.5mm SuperPave, GP 2 Only, Incl. Polymer-Modified Bitum
Material & H Lime TON 6,504 $105.00 $682,920.00 $87.69 $570,335.76 $79.00 $513,816.00 $85.00 $552,840.00
22 02400.2 Asph Conc 19mm SuperPave, GP 2 Only, Incl. Bitum Material & H Lime TON 6,941 $100.00 $694,100.00 $80.18 $556,529.38 $66.50 $461,576.50 $70.00 $485,870.00
23 02413-1 Bituminous Tack Coat GAL 4,438 $8.00 $35,504.00 $3.75 $16,642.50 $3.65 $16,198.70 $4.00 $17,752.00
24 02310.5.A.1 6" Depth Graded Aggregate - incl material SY 1,802 $12.00 $21,624.00 $6.13 $11,046.26 $7.25 $13,064.50 $12.00 $21,624.00
25 02630.4.2.A.1 18" Reinforced Concrete Pipe, Class III LF 1,051 $35.00 $36,785.00 $33.25 $34,945.75 $43.55 $45,771.05 $56.00 $58,856.00
26 02630.4.2.A.2 30" Reinforced Concrete Pipe, Class III LF 50 $50.00 $2,500.00 $54.98 $2,749.00 $69.25 $3,462.50 $76.00 $3,800.00
27 02630.4.2.A.3 36" Reinforced Concrete Pipe, Class III LF 2,710 $63.00 $170,730.00 $62.49 $169,347.90 $71.25 $193,087.50 $88.00 $238,480.00
28 02630.4.2.A.4 42" Reinforced Concrete Pipe, Class III LF 108 $100.00 $10,800.00 $82.97 $8,960.76 $99.55 $10,751.40 $155.00 $16,740.00
29 02630.4.2.A.5 60" Reinforced Concrete Pipe, Class III LF 103 $180.00 $18,540.00 $132.54 $13,651.62 $178.75 $18,411.25 $200.00 $20,600.00
30 02630.4.2.A.6 84" Reinfoced Concrete Pipe, Class IV LF 1,300 $375.00 $487,500.00 $260.24 $338,312.00 $305.00 $396,500.00 $350.00 $455,000.00
31 02630.4.2.A.7 Type I Trapezoidal Concrete Paved Ditch LF 1,581 $90.00 $142,290.00 $95.53 $151,032.93 $90.00 $142,290.00 $100.00 $158,100.00
32 02630.4.2.A.8 Concrete Paved Low-flow Channel LF 260 $50.00 $13,000.00 $29.92 $7,779.20 $53.00 $13,780.00 $60.00 $15,600.00
32A 02630.4.2.A.9 24" Reinforced Concrete Pipe, Class III LF 29 $51.00 $1,479.00 $37.56 $1,089.24 $60.00 $1,740.00 $72.00 $2,088.00
33 02630.4.2.B.1 Precast Storm Sewer Manhole Structure - STD 1011A VF 18 $300.00 $5,400.00 $337.06 $6,067.08 $475.00 $8,550.00 $560.00 $10,080.00
34 02630.4.2.B.2 Ditch Drop Inlet Structure VF 105 $325.00 $34,125.00 $345.09 $36,234.45 $415.00 $43,575.00 $550.00 $57,750.00
35 02630.4.2.B.3 Curb Inlet VF 10 $500.00 $5,000.00 $484.69 $4,846.90 $488.00 $4,880.00 $520.00 $5,200.00
36 02630.4.2.B.4 Special Design Drainage Structure EA 3 $25,000.00 $75,000.00 $12,255.00 $36,765.00 $17,200.00 $51,600.00 $15,000.00 $45,000.00
37 02630.4.2.C.1 Tapered Headwall - 18" dia. EA 2 $1,500.00 $3,000.00 $832.75 $1,665.50 $620.00 $1,240.00 $675.00 $1,350.00
38 02630.4.2.C.2 Tapered Headwall - 18" dia. - Modified with Trash Rack EA 1 $3,500.00 $3,500.00 $2,098.00 $2,098.00 $1,245.00 $1,245.00 $1,200.00 $1,200.00
39 02630.4.2.C.3 Tapered Headwall - 36" dia. EA 5 $2,500.00 $12,500.00 $2,113.00 $10,565.00 $1,060.00 $5,300.00 $1,400.00 $7,000.00
40 02630.4.2.C.4 Tapered Outlet Headwall - 42" dia. EA 1 $3,500.00 $3,500.00 $2,447.00 $2,447.00 $4,125.00 $4,125.00 $1,700.00 $1,700.00
41 02630.4.2.C.5 Tapered Outlet Headwall - 60" dia. EA 1 $5,000.00 $5,000.00 $6,121.00 $6,121.00 $7,300.00 $7,300.00 $2,800.00 $2,800.00
BEAM'S CONTRACTING REEVES CONSTRUCTION MASASANNA CONSTRUCTION
ROADWAY DEVELOPMENT
AUGUSTA REGIONAL AIRPORT
Southeast Development Area Access Project
SCHEDULE OF UNIT PRICES
ENGINEER'S ESTIMATE
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42 02630.4.2.C.6 Tapered Headwall - 84" dia. EA 1 $7,000.00 $7,000.00 $12,063.00 $12,063.00 $16,200.00 $16,200.00 $4,000.00 $4,000.00
43 02630.4.2.C.7 Pond Outlet Control Structure EA 1 $3,500.00 $3,500.00 $5,275.00 $5,275.00 $9,945.00 $9,945.00 $10,000.00 $10,000.00
44 02630.4.2.C.8 Standard Frame and Cover EA 2 $1,250.00 $2,500.00 $281.44 $562.88 $325.00 $650.00 $600.00 $1,200.00
45 02630.4.2.C.9 Fabricated Safety Grate for Ditch Drop Inlets EA 18 $750.00 $13,500.00 $2,463.43 $44,341.74 $1,065.00 $19,170.00 $1,200.00 $21,600.00
45A 02630.4.2.C.10 Safety End Section - Concrete - 24" Dia. EA 2 $751.00 $1,502.00 $924.00 $1,848.00 $1,275.00 $2,550.00 $1,800.00 $3,600.00
46 02162-5.1 7' High Security Fence w/ Barbed Wire and Mow Guard LF 1,605 $40.00 $64,200.00 $45.81 $73,525.05 $41.00 $65,805.00 $20.00 $32,100.00
47 02162-5.2 12' Manual Swing Gate EA 1 $2,000.00 $2,000.00 $1,153.10 $1,153.10 $1,325.00 $1,325.00 $1,500.00 $1,500.00
48 02162-5.3 24' Manual Swing Gate EA 1 $2,500.00 $2,500.00 $2,194.00 $2,194.00 $2,600.00 $2,600.00 $2,500.00 $2,500.00
49 02635.5.1 Permanent Timber Barricade LF 87 $150.00 $13,050.00 $35.00 $3,045.00 $45.00 $3,915.00 $20.00 $1,740.00
50 03300.4.2.A.1 30" Type 7 Curb and Gutter LF 2,530 $25.00 $63,250.00 $17.02 $43,060.60 $24.35 $61,605.50 $14.00 $35,420.00
51 03300.4.2.B.1 Type 7 Integral Reinforced Concrete Median Islands SY 49 $100.00 $4,900.00 $64.27 $3,149.23 $83.00 $4,067.00 $30.00 $1,470.00
52 03300.4.2.B.2 4" Concrete Pavement, incl. base SY 130 $50.00 $6,500.00 $50.76 $6,598.80 $47.00 $6,110.00 $50.00 $6,500.00
53 03300.4.2.B.3 5" Reinforced Concrete Apron for Headwalls, incl. base SY 31 $75.00 $2,325.00 $59.25 $1,836.75 $150.00 $4,650.00 $200.00 $6,200.00
54 03300.4.2.C.1 Reinforced Concrete Pipe Collar EA 2 $1,000.00 $2,000.00 $2,444.00 $4,888.00 $3,500.00 $7,000.00 $5,000.00 $10,000.00
55 16123.4.2.A.1 4W-6" Concrete Encased Conduit LF 470 $25.00 $11,750.00 $20.25 $9,517.50 $86.00 $40,420.00 $54.00 $25,380.00
56 16123.4.2.A.2 1W-4" Concrete Encased Conduit LF 1,105 $12.00 $13,260.00 $15.25 $16,851.25 $8.25 $9,116.25 $18.00 $19,890.00
57 02510-5.2.1 Encasement Pipe - 12" LF 225 $50.00 $11,250.00 $109.83 $24,711.75 $48.75 $10,968.75 $125.00 $28,125.00
58 02510-5.2.2 Connection to 16" Existing Waterline - Tapping Sleeve and Valve EA 2 $5,500.00 $11,000.00 $13,293.00 $26,586.00 $15,200.00 $30,400.00 $10,000.00 $20,000.00
59 02510-5.2.3 8" Water Line - DIP LF 3,978 $40.00 $159,120.00 $25.62 $101,916.36 $27.65 $109,991.70 $28.00 $111,384.00
60 02510-5.2.4 Fire Hydrant Assembly EA 5 $5,000.00 $25,000.00 $3,503.05 $17,515.25 $4,800.00 $24,000.00 $3,000.00 $15,000.00
61 02510-5.2.5 8" Gate Valve EA 7 $1,300.00 $9,100.00 $988.67 $6,920.69 $1,715.00 $12,005.00 $2,800.00 $19,600.00
61A 02510-5.2.6 16" Water Line - DIP LF 860 $75.00 $64,500.00 $58.95 $50,697.00 $66.40 $57,104.00 $55.00 $47,300.00
61B 02510-5.2.7 16" Gate Valve EA 1 $8,000.00 $8,000.00 $5,305.00 $5,305.00 $7,445.00 $7,445.00 $3,500.00 $3,500.00
62 02530-4.2.A.1 Connection to Existing Sanitary Sewer MH EA 1 $5,000.00 $5,000.00 $1,199.70 $1,199.70 $3,235.00 $3,235.00 $7,500.00 $7,500.00
63 02530-4.2.B.1 8" PVC Sanitary Sewer Pipe LF 800 $55.00 $44,000.00 $28.88 $23,104.00 $24.90 $19,920.00 $44.00 $35,200.00
64 02530-4.2.A.2 Sanitary Sewer Manholes EA 3 $2,200.00 $6,600.00 $1,800.00 $5,400.00 $1,255.00 $3,765.00 $3,800.00 $11,400.00
65 10425.4.2.A.1 Monument Sign M.1, complete and in-place LS 1 $35,000.00 $35,000.00 $42,000.00 $42,000.00 $20,900.00 $20,900.00 $7,500.00 $7,500.00
66 02701.4.2.A.1 Highway signs, type 1 material, reflective sheeting type III SF 55 $31.00 $1,705.00 $20.25 $1,113.75 $14.00 $770.00 $14.00 $770.00
67 02701.4.2.A.2 Highway signs, type 1 material, reflective sheeting type IV SF 162 $35.00 $5,670.00 $24.75 $4,009.50 $16.00 $2,592.00 $18.00 $2,916.00
68 02701.4.2.B.1 Galvanized steel posts, type 7 LF 235 $17.00 $3,995.00 $10.15 $2,385.25 $6.00 $1,410.00 $7.00 $1,645.00
69 02701.4.2.B.2 Galvanized steel posts, type 8 LF 205 $20.00 $4,100.00 $12.40 $2,542.00 $8.00 $1,640.00 $8.00 $1,640.00
70 02580-3.3.A.1 Thermoplastic Traffic Stripe SY 1,370 $25.00 $34,250.00 $30.37 $41,606.90 $27.00 $36,990.00 $27.00 $36,990.00
71 02580-3.3.B.1 Thermoplastic Pavement Marking, Words, and Symbols - Type I EA 4 $250.00 $1,000.00 $112.50 $450.00 $100.00 $400.00 $100.00 $400.00
72 02580-3.3.B.2 Thermoplastic Pavement Marking, Words, and Symbols - Type II EA 14 $250.00 $3,500.00 $73.15 $1,024.10 $65.00 $910.00 $65.00 $910.00
73 02580-3.3.B.3 Raised Reflective Markers EA 200 $5.00 $1,000.00 $4.50 $900.00 $4.00 $800.00 $4.00 $800.00
74 02456.5.1 Indentation Rumble Strips - ground in place (skip) GLM 1.25 $2.50 $3.13 $1,688.00 $2,110.00 $2,985.00 $3,731.25 $2,500.00 $3,125.00
75 02935.3.3 Stormwater Pollution Prevention Plan LS 1 $9,000.00 $9,000.00 $10,000.00 $10,000.00 $10,100.00 $10,100.00 $10,000.00 $10,000.00
76 02161-5.1 Silt Fence LF 12,400 $6.00 $74,400.00 $2.76 $34,224.00 $3.25 $40,300.00 $2.50 $31,000.00
77 02161-5.2 Construction Entrance EA 1 $2,500.00 $2,500.00 $1,415.00 $1,415.00 $1,800.00 $1,800.00 $1,500.00 $1,500.00
78 02161-5.3 Check Dam EA 5 $1,500.00 $7,500.00 $377.45 $1,887.25 $495.00 $2,475.00 $280.00 $1,400.00
79 02161-5.4 Outlet Protection SY 547 $100.00 $54,700.00 $35.28 $19,298.16 $52.00 $28,444.00 $75.00 $41,025.00
80 02920.4.2.1.A.1 Permanent Seeding and Mulching AC 30 $2,500.00 $75,000.00 $1,856.00 $55,680.00 $1,500.00 $45,000.00 $800.00 $24,000.00
81 02920.4.2.1.A.2 Temporary Seeding and Mulching AC 30 $11.00 $330.00 $1,688.00 $50,640.00 $200.00 $6,000.00 $600.00 $18,000.00
82 02920.4.2.1.B.1 Sodding SY 509 $10.00 $5,090.00 $5.56 $2,830.04 $6.00 $3,054.00 $4.00 $2,036.00
ENGINEER'S
ESTIMATE $5,492,279.66
BEAM'S
CONTRACTING
TOTAL
$4,035,194.91 REEVES
CONSTRUCTION TOTAL $4,059,602.60
MASASANNA
CONSTRUCTION
TOTAL
$4,890,000.00
It should be noted the total amount for Beam's Contracting was in error. The actual amount is $300.30 less than the
amount shown in the bid tab. The amount shown on this page has been corrected.
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Invitation To Bid
Sealed bids will be received at this office on Wednesday, May 23, 2012 @ 3:00 p.m. for furnishing:
Bid Item 12-153 Southeast Development Area Access Project for Augusta Regional Airport
Bid Item 12-154 Aircraft Rescue Fire Fighting Renovations for Augusta Regional Airport
Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of:
Geri A. Sams
Procurement Department
530 Greene Street - Room 605
Augusta, Georgia 30901
706-821-2422
Bid documents may be examined at the office of the Augusta, GA Procurement Department, 530 Greene Street –
Room 605, Augusta, GA 30901. Plans and specifications for the project shall be obtained by all prime, subcontractors
and suppliers exclusively from Augusta Blue Print. The fees for the plans and specifications for each project which are
non-refundable is:
Bid Item 12-153 – Southeast Development Area Access Project $175.00
Bid Item 12-154 – Aircraft Rescue Fire Fighting Renovations $100.00
It is the wish of the Owner that all businesses are given the opportunity to submit on this project. To facilitate this
policy the Owner is providing the opportunity to view plans online (www.augustablue.com) at no charge through
Augusta Blue Print (706 722-6488) beginning Thursday, April 12, 2012. Bidders are cautioned that submitting a
package without Procurement of a complete set are likely to overlook issues of construction phasing, delivery of goods
or services, or coordination with other work that is material to the successful completion of the project. Bidders are
cautioned that acquisition of documents through any other source is not advisable. Acquisition of documents from
unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to
base his qualifications.
A Mandatory Pre Bid Conference will be held for Bid Item 12-153 – Southeast Development Area Access Project on
Tuesday, May 8, 2012 @ 11:00 a.m. in the Procurement Department, 530 Greene Street, Room 605. There will be a
mandatory site visit at the airport immediately following the 12:00 p.m. mandatory meeting.
A Mandatory Pre Bid Conference will be held for Bid Item 12-154 – Aircraft Rescue Fire Fighting Renovations on Tuesday,
May 8, 2012 @ 12:00 p.m. in the Procurement Department, 530 Greene Street, Room 605. There will be a mandatory site
visit at the airport immediately following the meeting.
All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to
the office of the Procurement Department by Friday, May 11, 2012 @ 5:00 P.M. No bid will be accepted by fax, all must be
received by mail or hand delivered.
No Bid may be withdrawn for a period of 60 days after time has been called on the date of opening. A 10% Bid bond
is required to be submitted along with the bidders’ qualifications; a 100% performance bond and a 100%
payment bond will be required for award.
Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include
specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions,
applicable to the procurement. All specific requirements contained in the invitation to bid including, but not
limited to, the number of copies needed, the timing of the submission, the required financial data, and any
other requirements designated by the Procurement Department are considered material conditions of the bid
which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such
material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta,
Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of
the envelope.
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle April 12, 19, 26, May 3, 2012
Metro Courier April 18, 2012
cc: Tameka Allen Deputy Administrator
Gary LeTellier Augusta Regional Airport
Clarence Fennell Augusta Regional Airport
Revised: 8/15/2011
Attachment number 3 \nPage 1 of 1
Item # 18
VENDORS Attachment B E-Verify # Bid Bond Addendum 1 Base Bid
Reeves Construction
1 APAC Industrial Way
Augusta, GA 30907
Yes 48048 Yes Yes $4,059,602.60
Masasanna Construction
135 Celtic Blvd
Tyrone, GA 30290
Yes 139279 Yes Yes $4,890,000.00
Beam's Contracting
1530 Atomic Road
Beech Island, SC 29842
Yes 167300 Yes Yes $4,035,495.21
Bid Item #12-153
Southeast Development Area Access Project
for Augusta, Georgia - Augusta Regional Airport
Bid Due: Wednesday, May 30, 2012 @ 3:00 p.m.
The following vendor did not respond:
RW Allen, LLC / 1015 Broad Street / Augusta, GA 30901
Page 1 of 1
Attachment number 4 \nPage 1 of 1
Item # 18
Attachment number 5 \nPage 1 of 2
Item # 18
Attachment number 5 \nPage 2 of 2
Item # 18
Attachment number 6 \nPage 1 of 2
Item # 18
Attachment number 6 \nPage 2 of 2
Item # 18
Attachment number 7 \nPage 1 of 5
Item # 18
Attachment number 7 \nPage 2 of 5
Item # 18
Attachment number 7 \nPage 3 of 5
Item # 18
Attachment number 7 \nPage 4 of 5
Item # 18
Attachment number 7 \nPage 5 of 5
Item # 18
Commission Meeting Agenda
9/18/2012 5:00 PM
Choate Construction Company - Contract Modification #9
Department:Augusta Regional Airport
Caption:Motion to approve the Choate Construction Company Contract
Modification #9 - Fixed Base Operations Construction as
approved by the Augusta Aviation Commission at their August
30, 2012 meeting. (Approved by Public Services Committee
September 10, 2012)
Background:The Augusta Aviation Commission awarded a contract to Choate
Construction Company on June 30, 2011 for the construction of
the New Fixed Base Operation (FBO) at the Augusta Regional
Airport. The original contract was for $5,045,461.00.
Analysis:Contract Modification #9 is a request for Choate to make
reconcile cost in building finishes, unforeseen conditions,
additional testing and delays. The details of the additional costs
and credits are explained in the support materials. Attached is a
change order log for the Choate FBO contract project that details
CM #9. Original Contract $5,045,461.00 Previous Contract
Modifications $222,748.09 This Contract Modification
$151,333.41 Revised Contract Total $5,419,542.50 The original
project budget included $100,000.00 in owner contingency for a
total project budget of $5,145,461.00. Due to the modifications,
the project budget is exceeded by $274,081.50 (5.3%).
Financial Impact:This Contract Modification adds $151,333.41 to the original
contract.
Alternatives:Deny request.
Recommendation:Approve request.
Funds are Available
in the Following
Accounts:
551-08-1206/54-13130
Cover Memo
Item # 19
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 19
C&PE Project #: 0733-18 Contract Modification #9
Page 1 of 6
Contract Modification #9
Airport: Augusta Regional Airport Date Initiated: 18 August 2012
Owner: City of Augusta Project: New FBO Terminal
Contractor: Choate Construction Company Project Number: 0733-17
The contractor is requested to perform the following work described upon receipt of an
approved copy of this document or as directed by the engineer.
Item
#
Choate
Contract Mod #Description Unit Quantity Line Item
Price
1 11 Project Delay General Conditions and Time
Extension LS 1 $46,538.69
2 30 Interior Finish Revisions LS 1 $11,862.34
3 31 Undercut Unsuitable Materials and AdditionalAsphalt LS 1 $2,294.14
4 40 Project Closing for the Masters LS 1 $7,316.46
5 41 Undercutting Unsuitable Soils LS 1 $3,842.14
6 45 Temporary Site Provisions for the Masters LS 1 $3,058.87
7 46 Adjust Materials Testing Allowance LS 1 $7,926.94
8 48 Reconcile Fixture Allowance –Exhibit J LS 1 $42,736.24
9 49 Adjust Material Testing Allowance LS 1 $5,886.29
10 54 Parking Lot Poles LS 1 DECLINED
11 56 Undercutting Unsuitable Soils LS 1 $4,639.08
12 58 Paving –South of Blast Fence LS 1 Declined
13 59 Adjust Materials Testing Allowance (April)LS 1 $9,817.44
14 62 Security Cameras LS 1 DECLINED
15 63 Materials Testing -Allowance Adjustment LS 1 $18,000.00
16 64 Temporary FBO –Lease Extension LS 1 $2,572.76
17 65 Dismantle and Disposal of Trailer Stairs, Ramps,Skirting LS 1 DECLINED
18 66 Yard Drain -Courtyard LS 1 $545.97
19 67 Parking Bumpers at ADA Spaces LS 1 DECLINED
20 68 Reconcile Material Testing Costs (Credit)LS 1 ($7,218.95)
21 69 ADA Detection Devices –Color Difference
(Credit)LS 1 ($3,000.00)
22 70 Water Line Repair LS 1 ($1,284.00)
23 71 Owner Furnished Patch Cables (Credit)LS 1 ($875.00)
24 72 Leave Site Poles As Installed (Credit)LS 1 ($1,030.00)
25 73 Labor for Telephone Feeder (Credit)LS 1 ($486.00)
26 74 Delete Card Reader at AOA Side Gate M (Credit)LS 1 ($1,810.00)
$151,333.41
Total Contract Amount
Original Contract Total $5,045,461.00
Previous Contract Modification Total (CM #1 -8)$222,748.09
This Contract Modification Total (CM #9)$151,333.41
Attachment number 1 \nPage 1 of 6
Item # 19
C&PE Project #: 0733-18 Contract Modification #9
Page 2 of 6
Revised Contract Total $5,419,542.50
Total Contract Time
Original Contract Time 250 calendar days
Changes to Contract Time from Previous Contract Modifications 89 calendar days
Changes to Contract Time from This Contract Modification 0 calendar days
Revised Contract Time Total 339 calendar days
This document shall become an amendment to the contract and all provisions of thecontract will apply.
Justification for Change
Brief description of the proposed contract changes and locations:
1.Project Delay General Conditions and Time Extension.This COP is
associated with delay in beginning the project due to Owner moving out of the
existing FBO. This COP requests 44 calendar days be added to the project time
and include General Condition items.This COP is an increase to the contractamount by $46,538.69.Refer to Choate Change Order Proposal #11.
2.Interior Finish Revisions.This COP is associated with revisions in approved
finish selections in accordance with drawings IN1.1R –IN2.1R, as well as
revisions to Cabinetry per revised A drawings. This COP also includes pricingassociated with the paint finish sheens in accordance with IN2.0R. This COP
also requests 3 days to the contract time and General Condition items. This COP
is an increase to the contract amount by $11,862.34. Refer to Choate Change
Order Proposal #30.
3.Undercut Unsuitable Materials and Additional Asphalt.This COP isassociated with undercutting and backfilling with stone for areas of subgrade
deemed unsuitable. This COP also includes adjustment of the curb and gutter in
order to widen the access way to meet clearances for emergency vehicles. As a
result, 80 syds of additional asphalt and a reduction of 9 LF of curb and gutter.
This COP is an increase to the contract amount by $2,294.14.Refer to ChoateChange Order Proposal #31.
4.Project Closing for Masters.This COP is associated with the time down of the
Contractor during the Masters.This COP also requests 11 days to the contract
time and General Condition items.This COP is an increase to the contractamount by $7,316.46.Refer to Choate Change Order Proposal #40.
5.Undercutting Unsuitable Soils.This COP is associated with the undercutting
of unsuitable material and replaced with suitable fill material discovered during
proof rolling operations. This COP is an increase to the contract amount by$3,842.14. Refer to Choate Change Order Proposal #41.
Attachment number 1 \nPage 2 of 6
Item # 19
C&PE Project #: 0733-18 Contract Modification #9
Page 3 of 6
6.Temporary Site Provisions for the Masters.This COP is associated with the
items requested of the Contractor to prepare the parking lot for temporary useduring the Masters. This COP is an increase to the contract amount by$3,058.87. Refer to Choate Change Order Proposal #45.
7.Adjust Materials Testing Allowance.This COP is associated with additional
costs incurred by the Contractor for material testing. The Contractor isrequesting additional monies over the original budgeted amount in the contract.This COP is an increase to the contract amount by $7,926.94. Refer to Choate
Change Order Proposal #46.
8.Reconcile Fixture Allowance –Exhibit J.This COP is associated with the
reconciliation associated with the Light Fixture Allowance.This COP is anincrease to the contract amount by $42,736.24. Refer to Choate Change Order
Proposal #48.
9.Adjust Material Testing Allowance.This COP is associated with additional
costs incurred by the Contractor for material testing. The Contractor isrequesting additional monies over the original budgeted amount in the contract.
This COP is an increase to the contract amount by $5,886.29. Refer to Choate
Change Order Proposal #49.
10.Parking Lot Poles.This COP is associated with a request from the ElectricalSubcontractor for additional cost incurred to purchase parking lot light poles.This COP was rejected. There will be no charge in contract amount.Refer to
Choate Change Order Proposal #54.
11.Undercutting Unsuitable Soils.This COP is associated with the undercuttingof unsuitable material and replaced with suitable fill material discovered duringproof rolling operations. This COP is an increase to the contract amount by
$4,639.08. Refer to Choate Change Order Proposal #56.
12.Paving –South of Blast Fence. This COP is associated with paving a cut area
south of the existing blast fence that was to be sodded. It was determined not topave, as well as not to place sod in the cut-out area. This COP was declined.
Therefore, there will be no cost associated with this COP.Refer to Choate
Change Order Proposal #58.
13.Adjust Materials Testing Allowance (April).This COP is associated withadditional costs incurred by the Contractor for material testing. The Contractor is
requesting additional monies over the original budgeted amount in the contract.
This COP is an increase to the contract amount by $9,817.44. Refer to Choate
Change Order Proposal #59.
Attachment number 1 \nPage 3 of 6
Item # 19
C&PE Project #: 0733-18 Contract Modification #9
Page 4 of 6
14.Security Cameras.This COP is associated with the installation of the
installation of the mounting brackets (owner and contractor provided), as well as
all cabling from the brackets to the IT Room to the proposed position of thesecurity cameras.This COP was declined. There will be no change in contractamount. Refer to Choate Change Order Proposal #62.
15.Material Testing –Allowance Adjustment.This COP is associated with
additional costs incurred by the Contractor for testing asphalt, which was over theoriginal contract testing budget. This COP is estimated to be an increase to thebudgetamount by $18,000.00. Refer to Choate Change Order Proposal #63.
16.Temporary FBO –Lease Extension.This COP is associated with the
extension of time for the original Lease Agreement for Temporary FBO trailers,
which is an additional 2 months. This COP is an increase to the contract amountby $2,572.76. Refer to Choate Change Order Proposal #64.
17.Dismantle and Disposal or Trailer Stairs, Ramps and Skirting.This COP is
associated with the dismantling and removal of the stairs, ramps and skirting
required for the temporary FBO trailers. It was determined that the Airport staffwouldperform this work.This COP was declined. There will be no change in
contract amount.Refer to Choate Change Order Proposal #65.
18.Yard Drain –Courtyard.This COP is associated with the installation of an
additional yard drain located within the courtyard. It is felt one is needed toensure proper drainage within the brick fencing. This COP is an increase to thecontract amount by $545.97. Refer to Choate Change Order Proposal #66.
19.Parking Bumpers at ADA Spaces.This COP is associated with the
procurement and installation of five (5) wheel stops at the ADA spaces. It wasdetermined the Airport staff would perform this work. This COP was declined.There will be no change in contract amount. Refer to Choate Change Order
Proposal #67.
20.Reconcile Material Testing Costs.This COP is associated with reconciling the
final Material Testing Costs. As a result, the total anticipated Material TestingAllowanceamount has been reduced by $7,218.95. Therefore, the contract
amount will be reduced by the same amount. Refer to Choate Change Order
Proposal #68.
21.ADA Detection Devices –Color Difference.This COP is associated with thecontractor installing the wrong color ADA Detection Devices. The options were
to accept the installed ADA Detection Devices (wrong color), or to remove and
replace with the correct color ADA Detection Devices. The preference was not to
remove and replace, but request a credit for leaving the install devices as is. As
a result, a credit of $3,000.00 was offered and accepted. Therefore, the contract
Attachment number 1 \nPage 4 of 6
Item # 19
C&PE Project #: 0733-18 Contract Modification #9
Page 5 of 6
amount will be reduced by this same amount. Refer to Choate Change Order
Proposal #69.
22.Water Line Repair.During the construction process, an existing water line wasdamaged and required to be repaired. AGS staff contacted a local contractor to
repair the line in order to reduce the “down-time” of water service. The contractor
was billed the amount to repair the water line as well as AGS staff’s time. This
COP is a credit to the contract amount of $1,284.00. Refer to Choate ChangeOrder Proposal #70.
23.Owner Furnished Patch Cables.During the construction, AGS staff purchased
needed patch cables and installed them as needed.The original contract was for
the contractor to provide the patch cables, where AGS staff would install. As a
result, the contractor was requested not to provide the required patch cables andprovide a credit. This COP is a credit to the contract amount of $875.00. Refer
to Choate Change Order Proposal #71.
24.Leave Site Poles as Installed.Three (3) of the parking lot light poles were not
aligned as shown on the project plans. While the poles were not aligned exactlyas shown, the illumination of the lights is not affected. Therefore, it is
recommended to leave the poles as is and request a credit to leave as is. This
COP is a credit to the contract amount of $1,030.00. Refer to Choate Change
Order Proposal #73.
25.Labor for Telephone Feeder.This COP is associated with the contractor notinstalling copper wire associated with AT&T. This COP is a credit to the contract
amount of $486.00. Refer to Choate Change Order Proposal #74.
26.Delete Card Reader at AOA Side, Gate M.It was determined a card readerwas not required to exit the AOA side of Gate M (south side of the FBO). Thecard reader had been purchased, so there is a credit for the installation of the
equipment. This COP is a credit to the contract amount of $1,810.00. Refer to
Choate Change Order Proposal #74.
Attachment number 1 \nPage 5 of 6
Item # 19
C&PE Project #: 0733-18 Contract Modification #9
Page 6 of 6
Recommendedby:___________________________________
Campbell & Paris Engineers
August 18,2012
Date
Accepted by:
___________________________________
Choate Construction Company
____________
Date
Approved by:
___________________________________
Augusta Regional Airport
____________
Date
Approved by:
_____________________________________
City of Augusta
_____________
Date
Submit 4 original copies to the City of Augusta.
Attachment number 1 \nPage 6 of 6
Item # 19
Commission Meeting Agenda
9/18/2012 5:00 PM
GMP for the Webster Detention Center Phase II
Department:Recreation, Parks and Facilities - Parks and Facilities
Caption:Motion to authorize R.W. Allen, LLC to award subcontracts that
combined make up the Guaranteed Maximum Price of
$11,963,209.00, which includes all construction disciplines and
trades for the Webster Detention Center Phase II – An Inmate
Processing Center and Interior Renovations. This GMP includes
the Inmate Processing Center addition (approx. 34,000 square
feet) and Interior Renovations consisting of the following:
a. Renovate the existing Admin. Area to accommodate the
Sheriff’s Office Staff being relocated from the jail located at 401
Walton Way to the Charles B. Webster Detention Center located
at 1941 Phinizy Rd.
b. Renovate the existing Transportation and Medical Areas at
Webster Detention Center, turning these areas into two secure
trustee dormitories.
c. The addition of 9 attorney-client and 1 small group privacy
booths in the existing Video Visitation Center. (Approved by
Public Services Committee September 10, 2012)
Background:R.W. Allen, LLC was selected to be the Construction Manager at
Risk under RFQ Item #11-124 for the New Webster Detention
Center (Phase II). The architectural/engineering team, led by
Johnson, Laschober & Associates, P.C. (JLA) completed 100%
contract documents. Sub-contractor bids were accepted and
reviewed by R.W. Allen, LLC, under the observation of the
Procurement Department, the Architect and the Capital
Improvements Program Management organization.
Analysis:R.W. Allen, LLC, in conjunction with the
architectural/engineering, the consultants and the program
management team, will provide oversight of the project.
Proceeding with this work now will allow construction to proceed
in an expedited fashion, leading to quicker completion of the new
Inmate Processing Center and Interior Renovations. Building an
Inmate Processing Center at the Webster Detention Center site
would allow Augusta, Georgia and the Sheriff’s Office to move
this operation away from the facility on Walton Way. With the
Sheriff’s Office moving into their new facility, this would empty
Cover Memo
Item # 20
the building on Walton Way freeing up the Augusta, Georgia’s
resources.
Financial Impact:The amount of this Guaranteed Maximum Price (GMP) has been
established by R.W. Allen, LLC and reviewed and accepted by the
Capital Improvements Program Management organization at a
total of $11,963,209.00.
Alternatives:1. Provide authorization to R.W. Allen, LLC to award
subcontracts that combined make up the Guaranteed Maximum
Price of $11,963,209.00, which includes all construction
disciplines and trades for the Webster Detention Center Phase II –
An Inmate Processing Center and Interior Renovations. This GMP
includes the Inmate Processing Center addition (approx. 34,000
square feet) and Interior Renovations consisting of the following:
a. Renovate the existing Admin. Area to accommodate the
Sheriff’s Office Staff being relocated from the jail located at 401
Walton Way to the Charles B. Webster Detention Center located
at 1941 Phinizy Rd. b. Renovate the existing Transportation and
Medical Areas at Webster Detention Center, turning these areas
into two secure trustee dormitories. c. The addition of 9 attorney-
client and 1 small group privacy booths in the existing Video
Visitation Center. 2. Refuse to authorize R.W. Allen, LLC to
award subcontracts delaying and adding cost to the project.
Recommendation:#1. Provide authorization to R.W. Allen, LLC to award
subcontracts that combined make up the Guaranteed Maximum
Price of $11,963,209.00, which includes all construction
disciplines and trades for the Webster Detention Center Phase II –
An Inmate Processing Center and Interior Renovations. This GMP
includes the Inmate Processing Center addition (approx. 34,000
square feet) and Interior Renovations consisting of the following:
a. Renovate the existing Admin. Area to accommodate the
Sheriff’s Office Staff being relocated from the jail located at 401
Walton Way to the Charles B. Webster Detention Center located
at 1941 Phinizy Rd. b. Renovate the existing Transportation and
Medical Areas at Webster Detention Center turning these areas
into two secure trustee dormitories. c. The addition of 9 attorney-
client and 1 small group privacy booths in the existing Video
Visitation Center.
Funds are Available
in the Following
Accounts:
FUNDS ARE AVAILABLE IN ACCOUNT: GL – 328-03-1130,
JL 210356004 GL – 325-05-1130, OC 6011110
REVIEWED AND APPROVED BY:Cover Memo
Item # 20
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 20
Attachment number 1 \nPage 1 of 1
Item # 20
Commission Meeting Agenda
9/18/2012 5:00 PM
Health Department North Leg - Canopy Repairs
Department:Recreation, Parks and Facilities - Parks and Facilities
Caption:Motion to approve award of the contract for repairs to the
connector canopies, building fascia, gutters, downspouts and
drainage for the Health Department Complex on North Leg Road
to the low bidder, RPI of Augusta, GA, in the amount of
$83,350.00. (Approved by Public Services Committee
September 10, 2012)
Background:Augusta purchased the Health Department complex on North Leg
Road years ago and leases it to the Richmond County Health
Department for a nominal fee. As part of the agreement, Augusta
agreed to retain responsibility for major maintenance items.
These canopies were constructed in 1974 and are in need of repair.
Analysis:A Request for Bids (RFB), Bid Item 12-162 was issued for this
project. Responses were received from two firms. RPI was the
lowest bidder and is located in Augusta.
Financial Impact:The cost of the contract is $83,350.00 to be funded from Capital -
General Ledger Number 272-01-6215, Job Ledger Number 207-
27-2005.
Alternatives:1. Approve award of the contract for repairs to the connector
canopies, building fascia, gutters, downspouts and drainage for the
Health Department Complex on North Leg Road to the low
bidder, RPI of Augusta, GA in the amount of $83,350.00. 2. Do
not approve the award.
Recommendation:1. Approve award of the contract for repairs to the connector
canopies, building fascia, gutters, downspouts and drainage for the
Health Department Complex on North Leg Road to the low
bidder, RPI of Augusta, GA in the amount of $83,350.00.
Funds are Available
in the Following FUNDS ARE AVAILABLE IN ACCOUNT: Capital - General
Ledger Number 272-01-6215, Job Ledger Number 207-27-2005. Cover Memo
Item # 21
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 21
Invitation to Bid
Sealed bids will be received at this office on Tuesday, June 12, 2012 @ 3:00 p.m. for furnishing:
Bid Item 12-162 Health Department Canopies, Gutters & Downspouts for Recreation, Parks &
Facilities
Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of:
Geri A. Sams
Procurement Department
530 Greene Street - Room 605
Augusta, Georgia 30901
706-821-2422
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, 530
Greene 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 Tuesday, May 29, 2012 @ 10:00 a.m. in the Procurement Department, 530 Greene Street, Room 605. 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, May 31, 2012 @ 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 Bid may be withdrawn for a period of 90 days after time has been called on the date of opening. A 10%
Bid bond is required to be submitted along with the bidders’ qualifications; a 100% performance
bond and a 100% payment bond will be required for award.
Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and
shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual
terms and conditions, applicable to the procurement. All specific requirements contained in the
invitation to bid including, but not limited to, the number of copies needed, the timing of the
submission, the required financial data, and any other requirements designated by the Procurement
Department are considered material conditions of the bid which are not waiveable or modifiable by
the Procurement Director. All requests to waive or modify any such material condition shall be submitted
through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for
approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope.
Bidders are cautioned that acquisition of BID documents through any source other than the office of the
Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources places
the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications.
GERI A. SAMS, Procurement Director
Augusta Chronicle May 3, 10, 17, 24, 2012
Metro Courier May, 9 2012
cc: Tameka Allen Deputy Administrator
Bill Shanahan Interim Director, Recreation, Parks & Facilities Department
Ron Houck Recreation, Parks & Facilities Department
Rick Acree Recreation, Parks & Facilities Department
Revised: 8/15/2011
Attachment number 1 \nPage 1 of 1
Item # 21
Attachment number 2 \nPage 1 of 1
Item # 21
Attachment number 3 \nPage 1 of 1
Item # 21
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Item # 21
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Item # 21
Attachment number 4 \nPage 3 of 3
Item # 21
VENDORS Attachment B E-Verify # Addendum Original
2
Copies
Bid
Bond Base Bid Amount Unit Costs
Add/Deduct
RPI
1810 E Wylds Road
Augusta, GA 30909
YES 63141 YES YES YES YES $83,350.00 $6.00
Turner Mech Inc
12384 Atomic Road
Beech Island, SC 29840
YES 229799 YES YES YES YES $119,000.00 $6.00
Ammar Construction
4211 Smith Field Creek
Evans, GA 30809
Modern Roofing Co
1241 Gordon Park Road
Augusta, GA 30901
Sitec LLC
217 Fairfield Street NE
Aiken, SC 29801
Veracity Construction
1556 Cedar Creek Drive
Thomson, GA 30024
Bid Opening
Bid Item #12-162
Health Department Canopies, Gutters & Downspouts
for Augusta, Georgia - Recreation, Parks and Facilities Department
Bid Due: Tuesday, June 12, 2012 @ 3:00 p.m.
NON-COMPLIANT
Did not submit the proper number of copies
Page 1 of 1
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Commission Meeting Agenda
9/18/2012 5:00 PM
2012 Budget Amendment and Award Acceptance for RCSO MDT Program
Department:Richmond County Sheriff's Office
Caption:Motion to ratify a Grant Award Acceptance as well as to approve
a 2012 RCSO budget amendment for the 2012 Edward Byrne
Memorial Justice Assistance Grant Program (JAG) to reflect
increased revenue in the amount of $93,740 which will be used to
purchase 17 (seventeen) additional Mobile Data Terminals.
(Approved by Public Safety Committee September 10, 2012)
Background:Under the JAG – FY 2012 Local Solicitation Program, the
Richmond County Sheriff's Office proposes to purchase 17
additional Mobile Data Terminals and associated software to
replace outdated/expired units – for use in vehicles assigned to the
Field Operations and Criminal Investigations Divisions. This grant
funding is being used to further the technological undertaking that
this agency began with the 1998 Local Law Enforcement Block
Grant Program.
Analysis:
Financial Impact:Funding Source: 2012 Edward Byrne Memorial Justice Assistance
Grant Program (JAG) Federal Funding: $93,740 Local Funding:
NONE
Alternatives:Permit the loss of the present opportunity to continue to
implement and upgrade this technology with minimal cost to the
taxpayer.
Recommendation:Ratify the Grant Award Acceptance and approve the 2012 RCSO
budget amendment for the continued purchase of Mobile Data
Terminals.
Funds are Available
in the Following
Accounts:
Funds will be available: 111-03-2642
Cover Memo
Item # 22
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 22
Commission Meeting Agenda
9/18/2012 5:00 PM
Georgia State Patrol Helicopter Rescue Hanger and Landing Pad
Department:Abie L. Ladson, PE, CPESC, Director
Caption:Motion to approve Change Number One in the amount of
$236,000 to complete the construction of the Georgia State Patrol
Helicopter Rescue Hanger and Landing Pad as requested by AED.
Funds are available in account 325-051120. (Approved by
Finance Committee September 10, 2012)
Background:In February 2012, the Engineering Department was tasked to
complete both the site development and architectural design and
construction of the Georgia State Patrol Helicopter Rescue Hanger
and Landing Pad. The schedule to complete the steel erection date
of June 29, 2012 was extremely aggressive. This date was a
milestone because of the risks involved with loosing funds and
labor committed by The Department of Public Safety (Georgia
State Patrol). The steel erection was completed before the June
29th deadline, but during the design and construction phases
unforeseen changes occurred that increased the overall amount
that was budgeted for this project in January 2012
Analysis:In early January 2012, $500,000 was budgeted for the subject
project. Also in November 2011, a cost of $713,178 was estimated
for the hanger site development (design and construction costs).
However, this cost did not include the hanger/building (design and
construction costs). A minimum cost of $1,158,393 is estimated if
the building design and construction were included. Also, during
construction the following unforeseen and necessary changes were
required 1.Installation of Sprinkler System $53,460 2.Top Floor
Interior Wall Framing $6,000 3.Removal and Replacement of
3,500 cubic feet of soil $49,000 4.Georgia Power Service $3,200
5.Change from Asphalt Pad to Concrete Pad $0 6.Additional
Sidewalk $0 7.Stormwater/Sewer Separator $1,500 8.Ceramic
Tile $4,000 $117,160 1. Monies required to fully fund the
Building Construction Phase $118,156 TOTAL REQUIRED:
$235,316
Financial Impact:Funds are available in 325-051120-5413130/212251105-5413130
upon Commission approval Cover Memo
Item # 23
Alternatives:1) Approve Change Number One in the amount of $236,000 to
complete the construction of the Georgia State Patrol Helicopter
Rescue Hanger and Landing Pad as requested by AED. Funds are
available in account 325-051120. 2) Do not approve and
discontinue the construction of the project
Recommendation:Approve alternative one
Funds are Available
in the Following
Accounts:
325-051120-5413130/212251105-5413130 SPLOST Phase V
Fund Balance
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 23
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Item # 23
Change Order Form
Change Order Number: ONE Date: 02/07/2012
Project Title: Georgia State Patrol Helicopter Rescue Hanger
Original Contract Date: 2/7/2012 Project Number: 325-051120-212251105
Owner: ARC P.O. Number: P210796
Contractor: Larry McCord
TOTAL AMOUT OF THIS CHAGE ORDER $ 236,000
Original Contract Amount $ 212,630
Previous Change Order(s) Total $________
This Change Order $ 236,000
TOTAL COTRACT WITH CHAGE ORDER(S) $ 448,630
* * * * * * * * * * * * *
Funding Source/Account Number: 325-051120-5413130/212251105-5413130
Requested By: Date:
Construction Manager
Submitted By: Date:
Department Head
Approved By: Date:
Mayor
Accepted By: Date:
Contractor
cc: Tim Schroer, Finance
File
Please do not process this document. Once approved by the Commission the original will be sent to the Clerk of
Commission for execution. For information reference this request contact Engineering at ext 5070. Thanks
Attachment number 2 \nPage 1 of 1
Item # 23
Commission Meeting Agenda
9/18/2012 5:00 PM
Replacement of Vehicles for Fire Department
Department:Fleet Management
Caption:Motion to approve the acquisition of two replacement vehicles for
the Augusta Fire Department. (Approved by Finance Committee
September 10, 2012)
Background:The Augusta Fire Department requests the replacement of two
older vehicles that are inclusive in the 2012 budget. The two
vehicles requested being replaced are a 2000 Ford Windstar mini-
van, asset number 994468, and a 2001 Ford Expedition, asset
number F00107. Both of these vehicles are past their life
expectancy and meet the replacement criteria approved by the
Augusta Commission. Evaluations are provided as attachments for
review.
Analysis:The new vehicles, Ford Explorers, will be purchased through the
Georgia Statewide Contract bid program, contract number
SWC90795-2, assuring the best pricing available throughout the
state. Contract documents are attached for review.
Financial Impact:The cost of the new vehicles is $27,456.00 each. Funding for the
procurement of this equipment will be through the use of the Fire
Department’s 2012 capital outlay funds
Alternatives:1. Approve the purchase of the vehicles. 2. Do not approve the
request.
Recommendation:Approve the acquisition of two replacement vehicles for the
Augusta Fire Department for $27,456.00 each.
Funds are Available
in the Following
Accounts:
274-03-4110/54.22210
REVIEWED AND APPROVED BY:
Cover Memo
Item # 24
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 24
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Commission Meeting Agenda
9/18/2012 5:00 PM
Request for Refund Jeffrey Lacombe 083-0-010-01-0
Department:Board of Assessors
Caption:Motion to approve a request for refund for tax year 2011 due to
error of fact in the amount of $786.42 for property located at 2344
Barton Chapel Road; owner Jeffrey LaCombe, paid by Barbara
Hutchins on 2/17/2012. (No recommendation from Finance
Committee September 10, 2012)
Background:The sale originally displayed a sale price of $0 per the PT61 that
was recorded with the Clerk of Court. Jeffrey LaCombe inquired
about the SB-346 bill and asked if he qualified for the reduction.
Mr. LaCombe provided documentation to confirm the sale price of
$17,500.
Analysis:Owner qualified for SB-346 reduction in taxes for tax year 2011;
documented sale price of $17,500 to qualify for SB-346 reduction.
Financial Impact:Prior year refund due to error of fact for tax year 2011 in the
amount of $786.42.
Alternatives:n/a
Recommendation:Refund property tax in the amount of $786.42 to homeowner for
tax year 2011 due to error of fact.
Funds are Available
in the Following
Accounts:
n/a
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Cover Memo
Item # 25
Clerk of Commission
Cover Memo
Item # 25
Attachment number 1 \nPage 1 of 4
Item # 25
Attachment number 1 \nPage 2 of 4
Item # 25
Attachment number 1 \nPage 3 of 4
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Attachment number 1 \nPage 4 of 4
Item # 25
Commission Meeting Agenda
9/18/2012 5:00 PM
Accept terms of contract agreement with Georgia Department of Transportation concerning the costs of
relocating water and sanitary sewer mains on GDOT Project # STP00-7001-00(900), Richmond County.
Department:Augusta Utilities Department
Caption:Motion to approve providing necessary signatures on furnished
agreement to include Augusta Utilities Department water and
sanitary sewer main relocations in the Georgia Department of
Transportation contract for the widening to County Road
1501/Wrightsboro Road from Jimmie Dyess Parkway to the
Interstate 520 Ramps in Richmond County, Georgia. The
estimated cost of construction is 1,575,412.58.(Approved by
Engineering Services Committee September 10, 2012)
Background:The Georgia Department of Transportation is widening County
Road 1501/Wrightsboro Road from Jimmie Dyess Parkway to the
Interstate 520 Ramps in Richmond County, Georgia. Due to
these improvement the Augusta Utilities Department needs to
relocate existing water and sewer lines. The Augusta Utilities
Department will be solely responsible for the cost of the
relocations, which is the estimated cost reflected in the agreement
furnished by GDOT.
Analysis:Approving this agreement will allow GDOT to award their
contract including the cost for Augusta Utilities Department water
and sewer relocation. The fee is fair and reasonable. With the
completion of this project, the area of Wrightsboro Road served
by these new water and sewer mains will enjoy years of trouble
free service.
Financial Impact:Funds for this work are available through two accounts.
$1,500,000.00 will be paid from SPLOST funds. The remaining
$75,412.58 will be paid from AUD account 507043490-5425410 /
81100050-5425410.
Alternatives:No alternatives are recommended.
Recommendation:We recommend the Commission agree to the terms of the
preliminary cost agreement with Georgia Department of
Cover Memo
Item # 26
Transportation in the amount of $1,575,412.58.
Funds are Available
in the Following
Accounts:
$1,500,000.00 from SPLOST funds. $75,412.58 from account :
507043490-5425410 / 81100050-5425410.
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 26
July 31, 2012
Mayor Deke Copenhaver Augusta-Richmond County 530 Greene Street
Augusta, GA 30901
Project No.: STP00-7001-00(009), Richmond County P.I. No: 250510- Contract Item Agreement for Water Facilities
CR 1501/WRIGHTSBORO RD FM JIMMIE DYESS PKWY TO I-520 RAMPS
Dear Mayor Copenhaver, In accordance with your request, the adjustment of water facilities belonging to the Augusta-Richmond County
is being included in the Department's contract for the roadway work on the above numbered project.
We are transmitting three counterparts of an undated Contract Item Agreement which sets forth the conditions under which the State agrees to have its Contractor perform the work and by which Augusta-Richmond County will reimburse the Department for this work. As outlined in Article 8, the non-binding pre-let estimate including
betterment for this work is $1,575,412.58 of which the Department will bear 00.00% or $0.00 and Augusta-
Richmond County will bear 100.00% or $1,575,412.58. Also, attached is a cost estimate supporting the
Agreement. If the Agreement meets with your approval, please handle for execution on behalf of Augusta-Richmond
County and return all three (3) counterparts to the State of Georgia, Office of Utilities, One Georgia Center, 600
West Peachtree Street, 10th Floor, Atlanta, Georgia 30308 for execution on behalf of the Department. In this
connection, be sure to have two witnesses (one of which must be a notary public) sign the Agreement. Please be certain that the notary public affixes his/her seal alongside their signature. Also, complete the attached resolution form and insert the date of resolution on page 4 of the Agreement. The Official Seal of Augusta-
Richmond County is also required to be affixed to each counterpart in compliance with instructions from our
Attorney General's Office.
In accordance with Articles 8, 9, and 10 of the Agreement, the Department shall notify Augusta-Richmond County in writing of the amount due the Department based on actual bid prices. At that time a check for the
amount required to perform the work will be requested as outlined in the Agreement.
GEORGIA DEPARTMENT OF TRANSPORTATION
One Georgia Center, 600 West Peachtree Street, NW Atlanta, Georgia 30308 Telephone: (404) 631-1000
Keith Golden, P.E., Commissioner
Attachment number 1 \nPage 1 of 9
Item # 26
Project No.: STP00-7001-00(009), Richmond County
P.I. No.: 250510-
Contract Item Agreement for Water Facilities July 31, 2012
Page 2
As soon as practicable, after the opening of bids, the Department will multiply the estimated quantities by the actual bid prices. The Department will refund any overpayment or request in writing that Augusta-Richmond
County pay the Department the revised amount as determined by the aforesaid method.
If you have any questions or need further information, please contact Patrick Allen at 404-347-0606 or by email
at paallen@dot.ga.gov. Please send correspondence by mail addressed to State of Georgia, Office of Utilities, One Georgia Center, 600 West Peachtree Street, 10th Floor, Atlanta, Georgia 30308 for execution on behalf of
the Department.
Very truly yours,
Terry Brigman
Assistant State Utilities Engineer
For: Jeff Baker, P.E. State Utilities Engineer
JB: TLB:PA
Attachment
cc: Jimmy Smith, District Engineer, Tennille, Georgia
Attn: Lynn Bean, District Utilities Engineer
Attachment number 1 \nPage 2 of 9
Item # 26
Account No. – Class: 733005 – 309
Department ID: 4848010000
Program No.: 4181401
STANDARD UTILITY AGREEMENT
GDOT Contract ID No.: CSOOUUTL
CONTRACT ITEM AGREEMENT
Georgia Project No.: STP00-7001-00(009), Richmond County
G.D.O.T. P.I. No.: 250510-
THIS AGREEMENT, made this ___________________________ , by and between the Department of Transportation, an agency of the State of Georgia, hereinafter called the DEPARTMENT, first party, and Augusta-Richmond County, a political subdivision of the
State of Georgia, hereinafter called the LOCAL AGENCY, second party;
WITNESS that: WHEREAS, the DEPARTMENT proposes under the above numbered project to
widen County Road 1501/Wrightsboro Road from Jimmie Dyess Parkway to the Interstate 520
Ramps in Richmond County, Georgia; and
WHEREAS, due to the construction of this project, it will become necessary to make certain adjustments or additional installation of utility facilities of the LOCAL AGENCY,
the cost of which shall be determined in accordance with Articles 8, 9, & 10 below; and
WHEREAS, the LOCAL AGENCY has requested that the DEPARTMENT include the adjustment or installation of water distribution facilities in its highway construction contract as shown on the attached plans; and
WHEREAS, this Agreement being for the sole purpose of providing a contractor
for work performed on the LOCAL AGENCY'S water distribution facilities, the LOCAL AGENCY shall bear the cost of said work to be determined as hereinafter set forth;
WHEREAS, the preliminary engineering, including preparation of detailed plans
and contract estimate for adjustment of the utilities described above have been accomplished by
the LOCAL AGENCY; WHEREAS, the plans for the utility work have been approved by both the
DEPARTMENT and the LOCAL AGENCY prior to commencing work;
NOW THEREFORE, in consideration of the premises and the mutual covenants of the parties hereinafter set forth, it is agreed:
1. All construction engineering and contract supervision shall be the
responsibility of the DEPARTMENT and the DEPARTMENT shall be responsible to assure that
all utility work is accomplished in accordance with plans and specifications and to consult with the LOCAL AGENCY or LOCAL AGENCY’S Consultant before authorizing any changes or deviations which affect the LOCAL AGENCY’S facility.
Attachment number 1 \nPage 3 of 9
Item # 26
STANDARD UTILITY AGREEMENT
CONTRACT ITEM AGREEMENT
2
2. The LOCAL AGENCY or the LOCAL AGENCY’S Consultant shall have the right to visit and inspect the work at any time and advise the DEPARTMENT’S Engineer of
any observed discrepancies or potential problems. The DEPARTMENT agrees to notify the
LOCAL AGENCY when all utility work is completed and ready for final inspection by the
LOCAL AGENCY.
3. It is specifically understood that the project number shown above is for the
DEPARTMENT'S identification purposes only and may be subject to change by the
DEPARTMENT. In the event it becomes necessary for the DEPARTMENT to assign a different
project number, the DEPARTMENT shall notify the LOCAL AGENCY of the new project designation. Such change in project designation shall have no effect whatsoever on any of the other terms of this Agreement.
4. The DEPARTMENT shall include in its contract for this project all work
necessary to accomplish the adjustment of the LOCAL AGENCY'S facilities as shown on the highway plans along with the necessary specifications to assure that the work conforms to sound construction practices.
5. In the event it becomes necessary to add pay items that are not provided
for in the contract, the DEPARTMENT shall negotiate prices with the contractor and enter into a supplemental agreement with the contractor for completion of the additional items. Upon notification, the LOCAL AGENCY shall furnish a check for the additional cost as determined in
Article 8 below.
6. The DEPARTMENT shall furnish on the project the construction engineering inspection and testing by its own forces required to assure that the work is done in accordance with the plans, specifications and Special Provisions.
7. Upon completion of the work and upon certification by the
DEPARTMENT'S engineers that the work has been completed in accordance with the aforesaid plans and specifications, the LOCAL AGENCY shall accept the adjusted and additional facilities and shall thereafter operate and maintain the adjusted and additional facilities without further
cost to the DEPARTMENT or its contractor. Such maintenance and all operations and activities
shall be subject to the DEPARTMENT'S rules, policies and procedures as contained in its Utility
Accommodation Policy and Standards, current edition. 8. The DEPARTMENT shall include in its highway contract those items
shown as "materials" for permanent installation on the aforesaid plans attached hereto. The price
bid for the appropriate items shall include all labor, materials and incidentals necessary to
complete the work. The cost of the requested work shall be determined from unit quantities and unit prices as shown in the DEPARTMENT’S tabulation of bids. The approximate non-binding pre-let estimate is $1,575,412.58 based on the LOCAL AGENCY’S estimate attached hereto of
which the Department shall bear $0.00 and the LOCAL AGENCY shall bear $1,575,412.58.
9. It is mutually agreed that as soon as practicable after the opening of bids and acceptance of a bid by the DEPARTMENT, the DEPARTMENT shall notify the LOCAL
Attachment number 1 \nPage 4 of 9
Item # 26
STANDARD UTILITY AGREEMENT
CONTRACT ITEM AGREEMENT
3
AGENCY in writing of the amount due the DEPARTMENT. The LOCAL AGENCY shall pay to the DEPARTMENT the amount due within sixty (60) days.
10. It is further mutually agreed that the final cost of the work performed on
behalf of the LOCAL AGENCY shall be determined by measurement of the actual quantities of installed materials, including added items under Article 5, multiplied by the actual bid prices. Accordingly, after the project has been completed, the DEPARTMENT shall determine the final
cost to be borne by the LOCAL AGENCY and, as the case may be, shall refund to the LOCAL
AGENCY or shall request of the LOCAL AGENCY an additional payment in the amount of the
difference between the final cost to be borne by the LOCAL AGENCY and the amount which the LOCAL AGENCY has previously paid to the DEPARTMENT. In the event additional payment is due to the DEPARTMENT, the LOCAL AGENCY agrees to pay same within sixty
(60) days after the statement is received from the DEPARTMENT. In the event a refund is due
the LOCAL AGENCY, the DEPARTMENT agrees to pay the LOCAL AGENCY within sixty
(60) after the refund amount is determined or final acceptance is made by the DEPARTMENT. 11. The covenants herein contained shall, except as otherwise provided,
accrue to the benefit of and be binding upon the successors and assigns of the parties hereto.
12. It is mutually agreed between the parties hereto that this document shall be deemed to have been executed in the Fulton County, Georgia, and that all questions of interpretation and construction shall be governed by the laws of the State of Georgia.
Attachment number 1 \nPage 5 of 9
Item # 26
STANDARD UTILITY AGREEMENT
CONTRACT ITEM AGREEMENT
4
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in three counterparts, each to be considered as original by their authorized representative the day
and date hereinabove written.
WITNESS AS TO SECOND PARTY: Augusta-Richmond County BY:_____________________________
WITNESS
BY:_____________________________ BY:____________________________ NOTARY PUBLIC (SEAL) MAYOR
SWORN TO AND SUBSCRIBED
BEFORE ME THIS __ DAY
OF _______________, 20_______.
_________________________
Notary Public
My commission expires:
Signed on behalf of Augusta-Richmond County pursuant to resolution
dated ____________________________.
************************************
FEIN____________________ BY:_____________________________
************************************ CITY CLERK (OFFICIAL SEAL)
______________________________________________________________________
RECOMMENDED: ACCEPTED:
DEPARTMENT OF TRANSPORTATION BY:_____________________________
STATE UTILITIES ENGINEER
BY:______________________________
COMMISSIONER
PROJECT NO.: STP00-7001-00(009) Signed, sealed and delivered this ______
COUNTY: Richmond day of ____________________, 20______,
G.D.O.T. P.I. NO.: 250510-
DATE: July 31, 2012 PA
(OFFICIAL SEAL OF THE DEPARTMENT)
I attest that the seal imprinted herein is the Official Seal of the DEPARTMENT.
BY:______________________________
TREASURER OFFICIAL CUSTODIAN OF THE SEAL
Attachment number 1 \nPage 6 of 9
Item # 26
STANDARD UTILITY AGREEMENT
CONTRACT ITEM AGREEMENT
5
RESOLUTION
STATE OF GEORGIA
AUGUSTA-RICHMOND COUNTY
BE IT RESOLVED by the Mayor and the County Commission, and it is hereby resolved,
that the foregoing attached Agreement, relative to project STP00-7001-00(009) P.I. No. 250510-, to
widen County Road 1501/Wrightsboro Road from Jimmie Dyess Parkway to the Interstate 520
Ramps in Richmond County, Georgia, and that Deke Copenhaver as Mayor and
______________________, as Commission Clerk, be and they are, thereby authorized and directed
to execute the same for and in behalf of said MAYOR and COUNTY COMMISSION OF
AUGUSTA-RICHMOND COUNTY.
Passed and adopted, this the _____________ day of __________________, 20___.
ATTEST:
___________________________ BY:______________________________
COMMISSION CLERK MAYOR
STATE OF GEORGIA,
AUGUSTA-RICHMOND COUNTY
I, ____________________, as Commission Clerk, do hereby certify that I am custodian of
the books and records of the same, and that the above and foregoing copy of the original is now on
file in my office, and was passed by the MAYOR and COUNTY COMMISSION OF AUGUSTA-
RICHMOND COUNTY.
WITNESS my hand and official signature, this the ________ day of _______________,
20_________.
BY:__________________________________
COMMISSION CLERK
Attachment number 1 \nPage 7 of 9
Item # 26
250510- Richmond - Agusta -Richmond Water CIA - Bid Item Cost 8/20/2012
STP00-7001-00(009), Richmond County PI# 250510-
WATER ADJUSTMENT ITEMS Orig Plan Orig Est Orig Est Orig Plan Orig Est Orig Est Orig Plan In-Kind Actual Bid Actual Total Actual In-KindPay Item AUGUSTA-RICHMOND COUNTY Unit Total Qty Unit Price Cost Total Qty Unit Price Cost Total Qty Total Qty Unit Price Bid Cost Bid Cost
Water Items
207-0203 FOUND BACKFILL MATL, TP II CY 4450 4.00 17,800.00$
670-1060 WATER MAIN, 6 IN LF 350 33.42 11,697.00$ 670-1080 WATER MAIN, 8 IN LF 217 40.09 8,699.53$ 670-1100 WATER MAIN, 10 IN LF 186 41.07 7,639.02$ -$ -$ -$ 670-1120 WATER MAIN, 12 IN LF 30 51.49 1,544.70$
670-1160 WATER MAIN, 16 IN LF 15937 64.00 1,019,968.00$
670-2060 GATE VALVE, 6 IN EA 7 1132.60 7,928.20$ -$ -$ -$
670-2080 GATE VALVE, 8 IN EA 5 1432.92 7,164.60$ -$ -$ -$ 670-2100 GATE VALVE, 10 IN EA 5 1728.69 8,643.45$ 670-2120 GATE VALVE, 12 IN EA 3 3092.06 9,276.18$ -$ -$ -$ 670-2160 GATE VALVE 16 IN EA 21 5650.00 118,650.00$
670-4000 FIRE HYDRANT EA 16 3550.00 56,800.00$
670-5010 WATER SERVICE LINE, 1 IN LF 2000 10.00 20,000.00$
670-5020 WATER SERVICE LINE, 2 IN LF 1000 20.00 20,000.00$ -$ -$ 670-5060 WATER SERVICE LINE, 6 IN LF 500 25.00 12,500.00$ 670-1500 CUT AND PLUG EXISTING FIRE HYDRANT EA 10 988.69 9,886.90$ -$ -$ -$ 670-9920 REMOVE EXISTING FIRE HYDRANT EA 15 850.00 12,750.00$
670-9736
RELOCATE EXISTING WATER METER, INCL BYPASS AND VAULT, LESS THAN 4 INCH EA 50 450.00 22,500.00$ -$ -$
670-9737 RELOCATE EXISTING WATER METER, INCL BYPASS AND VAULT, 4 INCH AND LARGER EA 10 750.00 7,500.00$ -$ -$
-$
Sewer Items
615-1200 DIRECTIONAL BORE - 3 IN LF 720 12.00 8,640.00$ -$ -$ -$
660-0830 SAN SEWER PIPE, 30 IN DUCTILE IRON LF 550 260.00 143,000.00$
668-3300 SAN SEWER MANHOLE, TP 1 EA 4 3130.00 12,520.00$
668-3314 SAN SEWER MANHOLE, TP1, ADDL DEPTH, CL 4 LF 10 325.00 3,250.00$
682-6223 CONDUIT NONMETL, TP 2, 2 IN LF 3865 7.00 27,055.00$
-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$
-$
-$ -$ -$ -$
-$ -$ -$ -$ -$ -$ -$
-$
-$
SUBTOTAL =1,575,412.58$ SUBTOTAL =-$ SUBTOTAL =-$ -$
TOTAL EST COST =1,575,412.58$ TOTAL EST COST =-$ TOTAL EST COST =-$ -$
AUGUSTA-RICHMOND SHARE 100%TOTAL In-Kind EST 1,575,412.58$ TOTAL In-Kind EST TOTAL In-Kind EST TOTAL BID -$ -$
GDOT SHARE 0.00%-$ TOTAL NON-REIMBURSEME -$ TOTAL BETTERMENT COST AUGUSTA-RICHM (Tot. Combined - Tot. In-Kind)TOTAL In-Kind EST -$ GDOT Share
-$
In-Kind Items - Reimbursable In-Kind & Non-Reimbursable *Actual Bid Costs
Attachment number 1 \nPage 8 of 9
Item # 26
Revised 8/22/11
GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT AFFIDAVIT
Contract No. and Name: WATER DISTRIBUTION FACILITIES
STP00-7001-00(009), PI# 250510-, RICHMOND COUNTY
Name of Contracting Entity: AUGUSTA-RICHMOND COUNTY
By executing this affidavit, the undersigned person or entity verifies its compliance with O.C.G.A.
§ 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with the
Georgia Department of Transportation has registered with, is authorized to participate in, and is
participating in the federal work authorization program commonly known as E-Verify,* in accordance
with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91.
The undersigned person or entity further agrees that it will continue to use the federal work
authorization program throughout the contract period, and it will contract for the physical performance
of services in satisfaction of such contract only with subcontractors who present an affidavit to the
undersigned with the information required by O.C.GA. § 13-10-91(b).
The undersigned person or entity further agrees to maintain records of such compliance and
provide a copy of each such verification to the Georgia Department of Transportation at the time the
subcontractor(s) is retained to perform such service.
_______________________________________ ___________________________
EEV / E-VerifyTM User Identification Number Date of Authorization _______________________________________ ___________________________
BY: Authorized Officer or Agent Date
(Name of Person or Entity)
_______________________________________
Title of Authorized Officer or Agent
_______________________________________
Printed Name of Authorized Officer or Agent
SUBSCRIBED AND SWORN
BEFORE ME ON THIS THE
_____ DAY OF ______________________, 201_
________________________________________ [NOTARY SEAL]
Notary Public
My Commission Expires: ___________________
* or any subsequent replacement 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
Attachment number 1 \nPage 9 of 9
Item # 26
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Item # 26
Commission Meeting Agenda
9/18/2012 5:00 PM
Belfair Lakes Section Two Dedication
Department:Engineering-Abie L. Ladson, P.E., CPESC
Caption:Motion to approve the deeds of dedication, maintenance
agreement, and road resolutions submitted by the Engineering and
Augusta Utilities Departments for Belfair Lakes Subdivision,
Section Two. (Approved by Engineering Services Committee
September 10, 2012)
Background:The final plat for Belfair Lakes Subdivision, Section Two was
approved by the Commission on November 18, 2008. The
subdivision design and plat for this section, including the storm
drain system, have been reviewed and accepted by our
engineering staff and the construction has been reviewed by our
inspectors. The Utilities Department has inspected and reviewed
the water and sanitary sewer installations, and hereby requests
acceptance of the utility deed.
Analysis:This section meets all codes, ordinances and standards. There are
no wetlands or 100-year flood plain boundaries involved in this
section. Acceptance of said utility deed shall dedicate, as required,
the water and sanitary sewer mains along with the applicable
easements to Augusta, Georgia for operation and maintenance.
Financial Impact:By accepting these roads and storm drainage installations into the
County system, all future maintenance and associated costs will be
borne by Augusta, Georgia. By acceptance of the utility deeds and
maintenance agreement, all future maintenance and associated
costs for water and sanitary sewer installations will be borne by
Augusta, Georgia, and positive revenue will be generated from the
sale of water and sanitary sewer taps and monthly billing of same.
Alternatives:1. Approve the deeds of dedication, maintenance agreement, and
road resolutions submitted by the Engineering and Augusta
Utilities Departments for Belfair Lakes Subdivision, Section Two.
2. Do not approve and risk litigation.
Recommendation:Approve Alternative Number One.Cover Memo
Item # 27
Funds are Available
in the Following
Accounts:
N/A
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 27
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Commission Meeting Agenda
9/18/2012 5:00 PM
Cushendal Subdivison Deed of Dedication and Maintenance Agreement
Department:Augusta Utilities Department
Caption:Motion to approve and accept the water and sanitary sewer Deed
of Dedication and Maintenance Agreement for Cushendal
subdivision. (Approved by Engineering Services Committee
September 10, 2012)
Background:Southern Meadows Development, LLC is the developer of the
Cushendal subdivision and wishes to dedicate the water
distribution system and gravity sanitary sewer system to
Augusta.
Analysis:Both systems passed inspection and testing by the Augusta
Utilities Department.
Financial Impact:None
Alternatives:Deny the motion to approve and accept the Cushendal water and
sanitary sewer Deed of Dedication and Maintenance Agreement,
and let them remain private.
Recommendation:Approve and accept the Cushendal water and sanitary sewer Deed
of Dedication and Maintenance Agreement
Funds are Available
in the Following
Accounts:
N/A
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Cover Memo
Item # 28
Clerk of Commission
Cover Memo
Item # 28
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Commission Meeting Agenda
9/18/2012 5:00 PM
Dixon Airline Road Easement Deed for Additional Rights
Department:Augusta Utilities
Caption:Motion to approve and accept a Dixon Airline Road Easement
Deed for Additonal Rights from Lynnette Reyes. (Approved by
Engineering Services Committee September 10, 2012)
Background:The Augusta Utilities Department is constructing a sanitary sewer
pipeline, on Dixon Airline Road, at Mike Padgett Highway. Due
to the topography, a lift station will need to be constructed,
operated and maintained, as part of the system.
Analysis:The lift station requires electricity, to operate. A utility pole,
electrical apparatuses, and other equipment will need to be
installed, to supply electricity to the lift station. The Reyes' are
granting additional rights, in and to Augusta's existing easement,
for this purpose.
Financial Impact:None
Alternatives:Deny motion to approve and accept a Dixon Airline Road
Easement Deed for Additonal Rights, from Lynnette Reyes.
Recommendation:Approve and accept a Dixon Airline Road Easement Deed for
Additonal Rights, from Lynnette Reyes.
Funds are Available
in the Following
Accounts:
N/A
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Cover Memo
Item # 29
Administrator.
Clerk of Commission
Cover Memo
Item # 29
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Commission Meeting Agenda
9/18/2012 5:00 PM
Forum W.S., LLC Easement Deed and Memorandum of Understanding
Department:Augusta Utilities Department
Caption:Motion to approve and accept a utility Easement Deed and a
Memorandum of Understanding from Forum W.S., LLC.
(Approved by Engineering Services Committee September 10,
2012)
Background:The Augusta Utilities Department is beginning the construction of
a diversionary sanitary sewer pipeline, from the sanitary sewer
pipeline located on Washington Square property (Steinmart),
which is owned by Forum, to an existing sanitary sewer pipeline
belonging to Augusta. In order to complete construction, a utility
easement will be needed from Forum.
Analysis:The Steinmart sanitary sewer has experienced incidents, in the
past, and needs to be diverted, in order to forestall future
incidents. Forums is granting an easement over the connection
point. They have also signed a Memorandum of Understanding,
whereby Forum will be responsible for the remainder of the
existing Steinmart sanitary sewer unless and until it is brought up
to code by Forum.
Financial Impact:None
Alternatives:Deny the motion to approve and accept the Forum utility
Easement Deed and Memorandum of Understanding.
Recommendation:Approve and accept the Forum utility Easement Deed and
Memorandum of Understanding.
Funds are Available
in the Following
Accounts:
N/A
REVIEWED AND APPROVED BY:
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Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
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Commission Meeting Agenda
9/18/2012 5:00 PM
FTD, LLC Easement Deed
Department:Augusta Utilities Department
Caption:Motion to approve and accept a utility Easement Deed from FTD,
LLC. (Approved by Engineering Services Committee
September 10, 2012)
Background:The Augusta Utilities Department is beginning the construction of
a diversionary sanitary sewer pipeline, from the sanitary sewer
pipeline located on Washington Square property (Steinmart) to an
existing sanitary sewer pipeline belonging to Augusta. In order to
complete construction, a utility easement will be needed from
FTD, LLC.
Analysis:The Steinmart sanitary sewer has experienced incidents, in the
past, and needs to be diverted, in order to forestall future
incidents. FTD, LLC has agreed to donate the needed easement,
for this purpose.
Financial Impact:None
Alternatives:Deny the motion to approve and accept the FTD, LLC utility
Easement Deed.
Recommendation:Approve and accept the FTD, LLC utility Easement Deed.
Funds are Available
in the Following
Accounts:
N/A
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
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Administrator.
Clerk of Commission
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Commission Meeting Agenda
9/18/2012 5:00 PM
Hyde Park/Wilkerson Garden Appraisal, Acquisition, and Relocation
Department:Engineering-Abie L. Ladson, P.E., CPESC, Director
Caption:Motion to approve the path forward for the Appraisal,
Acquisition, and Owner/Tenant Relocation for Hyde
Park/Wilkerson Garden Drainage Improvement Project using
the Housing & Community Development Department. (Approved
by Engineering Services Committee September 10, 2012)
Background:In October 2011, the Augusta Commission approved fully-funding
the design and partially-funding the appraisal, acquisition and
resident relocations for the Hyde Park/Wilkerson Gardens
Drainage Improvement Project. Housing and Community
Development was tasked to handle the appraisal, acquisition, and
relocation activities for this project. On March 12,2012, Housing
and Community Development presented to the Commission for
approval, a plan to hire part-time employees that will assist with
relocation of Hyde Park residents. The Commission recommended
and approved staff to acquire bids for the services proposed and
provided through Housing and Development. It was also
recommended that these bids be compared with Housing and
Development costs, and presented to the Commission.
Analysis:On August 10, 2012, the following firms submitted bids and the
results are as follow: 1. ADP $475,206 2. Smith Real Estate
Services $562,370 3. Terrell, Hundley & Carroll $692,700 4.
Moreland Altobelli $935,600 The cost Housing and Development
presented to the Commission on March 12, 2012 was $438,700.
Financial Impact:Funds are available in the project budget 328-041110-212828203
upon Commission approval.
Alternatives:1) Approve a Path Forward for the Appraisal, Acquisition, and
Owner/Tenant Relocation for Hyde Park/Wilkerson Garden
Drainage Improvement Project. 2) Do not approve and continue to
delay the project.
Recommendation:Approve Alternative Number One.Cover Memo
Item # 32
Funds are Available
in the Following
Accounts:
328-04-1110 / 212828202 323-04-1110 / 212823201
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 32
Invitation to Bid
Sealed bids will be received at this office on Tuesday, August 7, 2012 @ 11:00 a.m. for furnishing:
Bid Item 12-173 Real Estate Services for Property Appraisal, Acquisition and Owner/Tenant
Relocation for Hyde Park Regional Stormwater Management & Improvements
Project for Engineering Department
Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of:
Geri A. Sams
Procurement Department
530 Greene Street - Room 605
Augusta, Georgia 30901
706-821-2422
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, 530
Greene 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 Meeting will be held
on Friday, July 20, 2011 @ 10:00 a.m. 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 Tuesday, July 24, 2012 @ 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 not 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 Bid may be withdrawn for a period of 90 days after time has been called on the date of opening.
Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and
shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual
terms and conditions, applicable to the procurement. All specific requirements contained in the
invitation to bid including, but not limited to, the number of copies needed, the timing of the
submission, the required financial data, and any other requirements designated by the Procurement
Department are considered material conditions of the bid which are not waiveable or modifiable by
the Procurement Director. All requests to waive or modify any such material condition shall be submitted
through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for
approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope.
Bidders are cautioned that acquisition of BID documents through any source other than the office of the
Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources places
the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications.
GERI A. SAMS, Procurement Director
Augusta Chronicle June 28, 2012 and July 5, 12, 19, 2012
Metro Courier July 4, 2012
cc: Tameka Allen Deputy Administrator
Abie Ladson Engineering Department
Hameed Malik Engineering Department
Revised: 8/15/2011
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Bid Item #12-173
Real Estate Services for Property Appraisal, Acquisition and Owner/Tenant Relocation for Hyde Park
For City of Augusta - Engineering Department
Bid Opening: Friday, August 10, 2012 @ 11:00 a.m.
# of
Units Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost
8 $8,200.00 $65,600.00 $4,195.00 $33,560.00 $5,850.00 $46,800.00
11 $8,200.00 $90,200.00 $4,195.00 $46,145.00 $5,850.00 $64,350.00
16 $8,200.00 $131,200.00 $4,195.00 $67,120.00 $5,850.00 $93,600.00
3 $8,200.00 $24,600.00 $4,195.00 $12,585.00 $5,850.00 $17,550.00
23 $8,200.00 $186,600.00 $4,195.00 $96,485.00 $5,850.00 $134,550.00
12 $8,200.00 $98,400.00 $4,195.00 $50,340.00 $5,850.00 $70,200.00
3 $8,200.00 $24,600.00 $4,195.00 $12,585.00 $5,850.00 $17,550.00
3 $8,200.00 $24,600.00 $4,195.00 $12,585.00 $5,850.00 $17,550.00
6 $8,200.00 $49,200.00 $4,195.00 $25,170.00 $5,850.00 $35,100.00
1 $8,200.00 $8,200.00 $4,195.00 $4,195.00 $5,850.00 $5,850.00
1 $8,200.00 $8,200.00 $4,195.00 $4,195.00 $5,850.00 $5,850.00
86 $300.00 $25,800.00
# of
Units
Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost
28 $8,300.00 $232,400.00 $7,200.00 $201,600.00 $5,850.00 $163,800.00
28 $300.00 $8,400.00
1 $8,300.00 $8,300.00 $7,200.00 $7,200.00
Walnut Street
Vendor Deemed
Non-Compliant
Street Name
Terrell, Hundley & Carroll
777 Petty Road, Suite 201
Lawrenceville, GA 30043
Preliminary Title Cert.
$528,900.00Total - to include
Title Cert.
Addendum 1-2 Yes Yes
Golden Rod Street
$232,400.00 $201,600.00
Willow Street
$701,100.00
Preliminary Title Cert.
$703,200.00
Yes
Yes
Rental Occupied Real Estate
55545
Sub-Total
Yes
Aragon Drive
Carolina Drive
Horton Drive
Sub-Total
Any Additional Parcel
$562,370.00$935,600.00Total
$172,200.00
Smith Real Estate Services
120 Hammond Drive
Sandy Springs, GA 30328
53328 154446 457018
APD
1109 12th Street
Augusta, GA 30901
Yes Yes Yes
Gordon Highway
Attachment B
E-Verify Number
Vendors
Moreland Altobelli
2211 Beaver Ruin Road
Norcross, GA 30071
Dan Bowles Road
Leona Street
Florida Street
Street Name
Various Streets
The following vendors did not respond:
TELICS / 2 Newkirk Way / Travelers Rest, SC 29690
Singleton, LLC / 1506 Brookridge Drive / Woodstock, GA 30189
THC, Inc / 1755 North Brown Rd. / Lawrenceville, GA 30043
CHB Acquisition Services / 12 Success Way / Warrenton, GA 30828
$360,770.00 $503,100.00
Any Additional Parcel
Attachment number 4 \nPage 1 of 1
Item # 32
Commission Meeting Agenda
9/18/2012 5:00 PM
Marvin Griffin Rd Distribution Facility Relocation Agreement
Department:Engineering-Abie L. Ladson, P.E., CPESC, Director
Caption:Motion to approve entering into an agreement with Georgia
Power, stating that Augusta, Georgia will pay for the Distribution
Facility Relocation Costs on the Marvin Griffin Road Project in
accordance with the estimate totaling $355,116.00, Change
Number Five, CPB# 323-041110-296823603. Also, approve the
two Utility Relocation Agreements for distribution facilities to be
executed by the Augusta, Georgia Legal Counsel and the Mayor,
and approve payment upon completion of the work as requested
by Augusta Engineering Department. (Approved by Engineering
Services Committee September 10, 2012)
Background:On October 16, 2001, the Augusta Commission approved
$3,467,000.00 to be funded from Sales Tax for the Marvin Griffin
Road Project. The project will widen the road to four lanes
including turn lanes where needed.
Analysis:The Marvin Griffin Road Project will require that Georgia Power
Company relocate some distribution facilities and we would be
required to enter into an agreement that we will pay the estimated
amount of $355,116.00. This is a cost that is required to be paid
by Augusta, Georgia because of our project.
Financial Impact:Georgia Power has advised the cost is $355,116.00. Funding is
available in the project contingency account to be transferred to
the project utility account 323-041110-54.14510/296823603-
54.14510.
Alternatives:1) Approve entering into an agreement with Georgia Power,
stating that Augusta, Georgia will pay for the Distribution Facility
Relocation Costs on the Marvin Griffin Road Project in
accordance with the estimate totaling $355,116.00, Change
Number Five, CPB# 323-041110-296823603. Also, approve the
two Utility Relocation Agreements for distribution facilities to be
executed by the Augusta, Georgia Legal Counsel and the Mayor,
and approve payment upon completion of the work as requested
by Augusta Engineering Department. 2) Do not approve and
Cover Memo
Item # 33
eliminate the necessity of moving distribution facilities and stall or
eliminate the project.
Recommendation:Approve Alternative Number One
Funds are Available
in the Following
Accounts:
323-041110-54.14510/296823603-54.14510
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
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Commission Meeting Agenda
9/18/2012 5:00 PM
Motion to Abandon Portion of Windsor Spring Rd
Department:Law
Caption:Motion to determine that a portion of Windsor Spring Road , as
shown on the attached plat (south of and adjacent to the parcel
identified as map and parcel #142-0-002-01-0) 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.
(Approved by Engineering Services Committee September 10,
2012)
Background:Pui Yin Chan has requested that a portion of Windsor Spring
Road (south of and adjacent to the parcel identified as map and
parcel #142-0-002-01-0) be abandoned to allow for the purpose of
creating parking spaces for his retail business. The abandonment
request has been reviewed by all essential county departments and
administrators and approvals were received to this abandonment
request. The legal description and plat of the portion of Windsor
Spring Road to be abandoned are 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 and the public
hearing will be scheduled and conducted 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 for determination of no substantial use
regarding abandonment of a portion of Windsor Spring Road.
Recommendation:Approve determination of no substantial use or best public interest
regarding request for abandonment of said portion of Windsor
Cover Memo
Item # 34
Spring Road, with a 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) and drainage, 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, if any.
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
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Commission Meeting Agenda
9/18/2012 5:00 PM
Resurfacing
Department:Abie L. Ladson, PE, CPESC, Director
Caption:Motion to approve supplementing Georgia Department of
Transportation (GDOT) Contract for Resurfacing of Augusta,
Georgia Various Roads under GDOT 2012 Local Maintenance
Improvement Grant Program (LMIG). This supplement of the
Contract with GDOT is to Reeves Construction Co., in the amount
of $206,878.00; Funded from SPLOST Phase IV Recapture
Account, upon receipt of signed contract and proper bonds as
requested by AED. (Approved by Engineering Services
Committee September 10, 2012) .
Background:There is currently an on-going GDOT Resurfacing project under
2012 LMIG Program that includes resurfacing of seven (7) local
roads. The Augusta Engineering Department (AED) is
recommending supplementing the GDOT contractor that is
currently resurfacing Augusta, GA roads under LMIG Program
with adding milling & resurfacing of Satcher Blvd and milling of
four LMIG Program roads.
Analysis:GDOT has issued a Notice to Proceed and the Contractor is
scheduled to start resurfacing these roads in August / September.
Supplementing GDOT contract is critical to complete needed
additional work prior to the Contractor mobilizing & demobilizing
for resurfacing work. The additional cost to mill and pave these
roads will not exceed $206,878.00.
Financial Impact:Funding is available in the SPLOST Phase IV Recapture Account
for this request to be transferred to the Resurfacing account
Alternatives:1) Approve Supplementing Georgia Department of Transportation
(GDOT) Contract for Resurfacing of Augusta, Georgia Various
Roads under GDOT 2012 Local Maintenance Improvement Grant
Program (LMIG). This Supplement of the Contract with GDOT is
to Reeves Construction Co., in the Amount of $206,878.00;
Funded from SPLOST Phase IV Recaptue Account, upon Receipt
of Signed Contract and Proper Bonds as Requested by AED. 2)
Do not approve
Cover Memo
Item # 35
Recommendation:Approve Alternative Number One
Funds are Available
in the Following
Accounts:
324-041110-5414110/201824044-5414110
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 35
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Commission Meeting Agenda
9/18/2012 5:00 PM
Stone Creek Subdivision Dedication
Department:Engineering-Abie L. Ladson, P.E., CPESC, Director
Caption:Motion to approve the deeds of dedication, maintenance
agreements, and road resolution submitted by the Engineering and
Augusta Utilities Departments for Stone Creek Subdivision.
(Approved by Engineering Services Committee September 10,
2012)
Background:The final plat for Stone Creek Subdivision was approved by the
Commission on September 20, 2011. The subdivision design and
plat for this section, including the storm drain system, have been
reviewed and accepted by our engineering staff and the
construction has been reviewed by our inspectors. The Utilities
Department has inspected and reviewed the water and sanitary
sewer installations, and hereby requests acceptance of the utility
deed.
Analysis:This section meets all codes, ordinances and standards. There are
no wetlands or 100-year flood plain boundaries involved in this
section. Acceptance of said utility deed shall dedicate, as required,
the water and sanitary sewer mains along with the applicable
easements to Augusta, Georgia for operation and maintenance.
Financial Impact:By accepting this road and storm drainage installations into the
County system and after the 18-month maintenance warranty by
the developer/contractor for the road and storm drainage has
expired, all future maintenance and associated costs will be borne
by Augusta, Georgia. By acceptance of the utility deeds and
maintenance agreements, all future maintenance and associated
costs for water and sanitary sewer installations will be borne by
Augusta, Georgia, and positive revenue will be generated from the
sale of water and sanitary sewer taps and monthly billing of same.
Alternatives:1. Approve the deeds of dedication, maintenance agreements, and
road resolution submitted by the Engineering and Augusta
Utilities Departments for Stone Creek Subdivision. 2. Do not
approve and risk litigation. Cover Memo
Item # 36
Recommendation:Approve Alternative Number One.
Funds are Available
in the Following
Accounts:
N/A
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
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Commission Meeting Agenda
9/18/2012 5:00 PM
Willhaven Phase III Section II
Department:Engineering-Abie L. Ladson, P.E., CPESC
Caption:Motion to approve the deeds of dedication, maintenance
agreements, and road resolution submitted by the Engineering and
Augusta Utilities Departments for Willhaven Subdivision, Phase
III, Section II. (Approved by Engineering Services Committee
September 10, 2012)
Background:The final plat for Willhaven Subdivision, Phase III, Section II was
approved by the Commission on May 15, 2012. The subdivision
design and plat for this section, including the storm drain system,
have been reviewed and accepted by our engineering staff and the
construction has been reviewed by our inspectors. The Utilities
Department has inspected and reviewed the water and sanitary
sewer installations, and hereby requests acceptance of the utility
deed.
Analysis:This section meets all codes, ordinances and standards. There are
no wetlands or 100-year flood plain boundaries involved in this
section. Acceptance of said utility deed shall dedicate, as required,
the water and sanitary sewer mains along with the applicable
easements to Augusta, Georgia for operation and maintenance.
Financial Impact:By accepting these roads and storm drainage installations into the
County system and after the 18-month maintenance warranty by
the developer/contractor for the roads and storm drainage has
expired, all future maintenance and associated costs will be borne
by Augusta, Georgia. By acceptance of the utility deeds and
maintenance agreements, all future maintenance and associated
costs for water and sanitary sewer installations will be borne by
Augusta, Georgia, and positive revenue will be generated from the
sale of water and sanitary sewer taps and monthly billing of same.
Alternatives:1. Approve the deeds of dedication, maintenance agreements, and
road resolutions submitted by the Engineering and Augusta
Utilities Departments for Willhaven Subdivision, Phase III,
Section II. 2. Do not approve and risk litigation. Cover Memo
Item # 37
Recommendation:Approve Alternative Number One.
Funds are Available
in the Following
Accounts:
N/A
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
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Commission Meeting Agenda
9/18/2012 5:00 PM
Wrightsboro Road Widening, Phase I (SA#4) Bid Item–09-170
Department:Abie L. Ladson, PE, CPESC, Director
Caption:Motion to approve Capital Project Budget 324-041110-
201824333 and Supplemental Agreement Number Four to
Cranston Engineering Group, PC, in the amount of $63,291.00 for
the revision of the design plans as requested for the Wrightsboro
Road Widening, Phase I project. Funding is available in the
project engineering account for the Engineering Department.
(Approved by Engineering Services Committee September 10,
2012)
Background:Phase I of the Wrightsboro Road Widening Project was part of
SPLOST Phase IV and called for traffic operational improvements
along Wrightsboro Road between Augusta West Parkway and
Marks Church Road. The area covered by this project is adjacent
to Augusta Mall and I-520 and is essential to the regional mobility
of this area. As the project has progressed, some elements have
required more complex design than originally anticipated,
especially around the interchange to improve operations of the
corridor in conjunction with the DOT widening project east of
Bobby Jones. To that end, the scope of this supplemental
agreement is to provide an unforeseen stream buffer variance
application, additional traffic modeling, and streetscape design.
Analysis:Due to the revision of the design, funding is requested to cover the
additional services associated with completing the project
Financial Impact:Funds are available in the project engineering 324-041110-
5212115-201824333 upon Commission’s approval
Alternatives:1) Approve Capital Project Budget 324-041110-201824333 and
Supplemental Agreement Number Four to Cranston Engineering
Group, PC, in the amount of $63,291.00 for the revision of the
design plans as requested for the Wrightsboro Road Widening,
Phase I project. Funding is available in the project engineering
account for the Engineering Department. 2) Do not approve and
cancel project Cover Memo
Item # 38
Recommendation:Approve Alternative Number One.
Funds are Available
in the Following
Accounts:
324-041110-5212115/201824333-5212115
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 38
CPB# 324-041110-201824333
Augusta-Richmond County, Georgia
BE IT ORDAINED by the Commission-Council of Augusta-Richmond County,
Georgia that the following Capital Project Budget is hereby authorized:
Section 1: The project is authorized for CPB# 324-041110-201824333. This project is
for Wrightsboro Road Widening, Phase I design cost associated with the
additional services request on the project for Supplemental Agreement Number
Four for Cranston Engineering Group in the amount of $63,291.00.
Funds are available in the project engineering account.
Section 2: The following revenues are anticipated to be available to the Consolidated
Government to complete the project.
Special 1% Sales Tax, Phase IV 2,782,000$
Section 3: The following amounts are appropriated for the project:
By Basin By District
Raes Creek $2,782,000 7th $2,782,000
Section 4: 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 Deke Copenhaver, Mayor
CAPITAL PROJECT BUDGET
WRIGHTSBORO ROAD WIDENING, PHASE I
(Augusta West Parkway to Marks Church Road)
CHANGE NUMBER FOUR
Please do not process this document. Once approved by the Commission the original will be sent to the Clerk of
Commission for execution. For information reference this request, contact Engineering at ext 5070. Thanks
1 of 2 9.16.2010
Attachment number 1 \nPage 1 of 2
Item # 38
CPB# 324-041110-201824333
Augusta-Richmond County, Georgia
CAPITAL PROJECT BUDGET
WRIGHTSBORO ROAD WIDENING, PHASE I
(Augusta West Parkway to Marks Church Road)
Commission for execution. For information reference this request, contact Engineering at ext 5070. Thanks
CPB AMOUNT CPB NEW
SOURCE OF FUNDS CPB CHANGE CPB
SPECIAL 1% SALES TAX, PHASE IV
324-04-1110-201824333 $2,782,000 $0 $2,782,000
TOTAL SOURCES:$2,782,000 $0 $2,782,000
USE OF FUNDS
ENGINEERING
324-04-1110-5212115-201824333 $398,000 $16,781 $414,781
ADVERTISING
324-04-1110-5233119-201824333 $2,000 $0 $2,000
CONTINGENCY
324-04-1110-6011110-201824333 $2,382,000 ($16,781)$2,365,219
TOTAL USES:$2,782,000 $0 $2,782,000
2 of 2 9.16.2010
Attachment number 1 \nPage 2 of 2
Item # 38
(SA01 – For changes greater than $20,000) September 2010
AUGUSTA, GEORGIA
ENGINEERING DEPARTMENT
SUPPLEMENTAL AGREEMENT
WHEREAS, We, “Cranston Engineering Group” Consultant, entered into a contract with Augusta-
Richmond County on “April 1, 2010”, for engineering design services associated with the
“Wrightsboro Rd. Widening Phase I ”, Project No. 324-041110-201824333, File Reference No. 10-
014 (A), and
WHEREAS, certain revisions to the design requested by Augusta-Richmond County are not covered
by the scope of the original contract, we desire to submit the following Supplemental Agreement
to-wit:
Engineering Services to include bike lanes to both sides
of the roadway and additional turn lanes
It is agreed that as a result of the above described modification the contract amount is increased by
$63,291.00 from $349,490.00 to a new total of $412,781.00
Any modifications to submittal dates shall be as identified in the attached proposal. This agreement
in no way modifies or changes the original contract of which it becomes a part, except as specifically
stated herein.
NOW, THEREFORE, We, “Cranston Engineering Group”, Consultant, hereby agree to said
Supplemental Agreement consisting of the above mentioned items and prices, and agree that this
Supplemental Agreement is hereby made a part of the original contract to be performed under the
specifications thereof, and that the original contract is in full force and effect, except insofar as it
might be modified by this Supplemental Agreement.
RECOMMEND FOR APPROVAL:
CITY OF AUGUSTA-RICHMOND COUNTY
AUGUSTA, GEORGIA
Honorable Mayor, Deke Copenhaver
Approved: Date Approved: Date
[ATTACHED CORPORATE SEAL] [ATTACHED CORPORATE SEAL]
ATTEST: ATTEST:
Title: Title:
Augusta Richmond County Project Number(s): 324-041110-201824333
Supplemental Agreement Number: 4
Purchase Order Number: 179102
Please do not process this document. Once approved by the Commission the original will be sent to the Clerk of
Commission for execution. For information reference this request, contact Engineering at ext 5070. Thanks
Attachment number 2 \nPage 1 of 1
Item # 38
Commission Meeting Agenda
9/18/2012 5:00 PM
Approve Water and Sewer Revenue Bonds Series 2012 bond resolution and authorize the Mayor and
Clerk to sign all necessary documents
Department:Utilities, Tom Wiedmeier, Director
Caption:Motion to approve Water and Sewer Revenue Bonds Series 2012
bond resolution and authorize the Mayor and Clerk to sign all
necessary documents. (No recommendation from Finance
and Engineering Services Committees September 10, 2012)
Background:Commission has previously approved he refunding of the Water
and Sewer Revenue Bonds Series 2002. This is the next step in
the process of issuing the 2012 Bond Series.
Analysis:This is the next step in the process of issuing the 2012 Bond
Series.
Financial Impact:n/a
Alternatives:None
Recommendation:Approve Bond Resolution
Funds are Available
in the Following
Accounts:
n/a
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 39
___________________________________________________
MASTER BOD RESOLUTIO
___________________________________________________
ADOPTED SEPTEMBER __, 2012
BY THE AUGUSTA-RICHMOD COUTY COMMISSIO
RELATIG TO
AUGUSTA, GEORGIA
WATER AD SEWERAGE REVEUE REFUDIG
AD IMPROVEMET BODS (SECOD RESOLUTIO )
SERIES 2012
This document was prepared by:
MURRAY BARNES FINISTER LLP
3350 Peachtree Road, Suite 1140
Atlanta, Georgia 30326
Telephone: (678) 999-0354
Attachment number 1 \nPage 1 of 98
Item # 39
i
TABLE OF COTETS
ARTICLE I DEFINITIONS ............................................................................................................5
Section 1.1. Definitions....................................................................................................5
Section 1.2. Construction of Certain Terms. ..................................................................21
Section 1.3. Table of Contents; Titles and Headings .....................................................21
Section 1.4. Contents of Certificates or Opinions..........................................................22
ARTICLE II THE BONDS ............................................................................................................23
Section 2.1. Authorization; Designation of Bonds. .......................................................23
Section 2.2. Details of Bonds. ........................................................................................23
Section 2.3. Execution; Form of Series 2012 Bonds. ....................................................25
Section 2.4. Required Authentication; Proof of Ownership. .........................................25
Section 2.5. Bond Registrar; Transfer and Exchange. ...................................................26
Section 2.6. Lost, Destroyed, Mutilated Bonds. ............................................................26
Section 2.7. Blank Bonds. ..............................................................................................27
Section 2.8. Cancellation and Destruction of Bonds. ....................................................27
Section 2.9. Global Form; Securities Depository; Ownership of Series 2012
Bonds. ........................................................................................................27
ARTICLE III REDEMPTION OF BONDS ..................................................................................30
Section 3.1. Optional Redemption. ................................................................................30
Section 3.2. Mandatory Sinking Fund Redemption. ......................................................30
Section 3.3. Notice of Redemption ................................................................................30
Section 3.4. Effect of Notice of Redemption. ................................................................32
Section 3.5. Redemption Among Series. .......................................................................32
Section 3.6. Selection of Bonds to be Redeemed. .........................................................32
Section 3.7. Purchase in Open Market. ..........................................................................32
ARTICLE IV CONSTRUCTION FUND; CUSTODY AND APPLICATION OF
PROCEEDS ...........................................................................................................33
Section 4.1. Construction Fund. .....................................................................................33
Section 4.2. Investment of Construction Fund Moneys. ................................................34
Section 4.3. Funds Remaining on Completion of Projects. ...........................................35
Section 4.4. Application of Funds..................................................................................35
Section 4.5. Redemption of Refunded Bonds. ...............................................................36
Section 4.6. Direction to Paying Agent for the Refunded Bonds. .................................36
Section 4.7. Creation of 2002 Defeasance Account. .....................................................36
ARTICLE V PLEDGED REVENUES AND FLOW OF FUNDS ...............................................37
Section 5.1. Pledge of Revenues; Limited Obligations. ................................................37
Section 5.2. Funds and Accounts. ..................................................................................37
Section 5.3. Revenue Fund. ...........................................................................................39
Section 5.4. Sinking Fund. .............................................................................................41
Section 5.5. Utility General Fund. .................................................................................44
Section 5.6. Deposits and Security of Funds and Accounts. .........................................46
Attachment number 1 \nPage 2 of 98
Item # 39
ii
Section 5.7. Investment of Funds and Accounts. ...........................................................46
Section 5.8. Valuation of Investments. ..........................................................................48
Section 5.9. Application of Excess in Sinking Fund. ....................................................48
Section 5.10. Disposition of Moneys After Payment of Bonds. ......................................48
ARTICLE VI ADDITIONAL BONDS AND SUBORDINATE BONDS....................................49
Section 6.1. No Prior Lien Bonds nor Additional Bonds Except as Permitted in
the Bond Resolution. ..................................................................................49
Section 6.2. Refunding Bonds. ......................................................................................49
Section 6.3. Additional Bonds Generally. .....................................................................49
Section 6.4. Subordinate Bonds. ....................................................................................51
Section 6.5. Accession of Subordinate Bonds and related Subordinate Hedge
Agreements to Parity Status. ......................................................................53
Section 6.6. Adoption of Proceedings and Validation. ..................................................53
Section 6.7. Proceedings Authorizing Additional Bonds. .............................................54
Section 6.8. Applicability to Additional Bonds. ............................................................54
Section 6.9. Financial Facilities and Hedge Agreements. .............................................54
Section 6.10. Other Obligations. ......................................................................................55
Section 6.11. Abrogation of Right to Issue Bonds under the Prior Lien
Resolution. .................................................................................................55
ARTICLE VII DEPOSITORIES OF MONEYS AND SECURITIES FOR DEPOSITS .............56
Section 7.1. Depository; Security for Deposits. .............................................................56
Section 7.2. Successor Custodians and Depositories. ....................................................56
ARTICLE VIII GENERAL PROVISIONS...................................................................................57
Section 8.1. Rate Covenant. ...........................................................................................57
Section 8.2. Maintenance of the System in Good Condition. ........................................58
Section 8.3. Insurance. ...................................................................................................58
Section 8.4. No Sale, Lease, or Encumbrance; Exceptions. ..........................................59
Section 8.5. Books, Records, and Accounts. .................................................................60
Section 8.6. Rights of Inspection. ..................................................................................61
Section 8.7. No Impairment of Rights. ..........................................................................61
Section 8.8. Satisfaction of Liens. .................................................................................61
Section 8.9. Compulsory Sewer Connections. ...............................................................61
Section 8.10. Enforcement of Charges and Connections. ................................................61
Section 8.11. Payments. ...................................................................................................62
Section 8.12. No Loss of Lien on Revenues. ...................................................................62
Section 8.13. Annual Budget. ..........................................................................................62
Section 8.14. Tax Provisions. ..........................................................................................62
Section 8.15. Payments to Consolidated Government Must be in Money. .....................64
Section 8.16. Continuing Disclosure for Series 2012 Bonds. ..........................................64
ARTICLE IX EVENTS OF DEFAULT AND REMEDIES .........................................................65
Section 9.1. Definition of Events of Default..................................................................65
Section 9.2. Remedies. ...................................................................................................66
Section 9.3. Remedies Cumulative. ...............................................................................68
Section 9.4. Waiver of Default. .....................................................................................68
Attachment number 1 \nPage 3 of 98
Item # 39
iii
Section 9.5. Application of Moneys After Default. .......................................................68
Section 9.6. Rights of Credit Facility Issuer. .................................................................70
ARTICLE X BOND OWNERSHIP ..............................................................................................71
Section 10.1. Manner of Evidencing Ownership of Bonds. ............................................71
Section 10.2. Call of Meetings of Bondholders. ..............................................................71
Section 10.3. Proxies and Proof of Ownership of Bonds. ...............................................72
Section 10.4. Appointment of Officers at Meeting of Bondholders. ...............................72
Section 10.5. Quorum at Meetings of Bondholders. ........................................................72
Section 10.6. Meetings. ....................................................................................................72
ARTICLE XI DEFEASANCE ......................................................................................................73
Section 11.1. Provision for Payment................................................................................73
ARTICLE XII SUPPLEMENTAL RESOLUTIONS ....................................................................74
Section 12.1. Supplemental Resolutions Not Requiring Consent of Bondholders. .........74
Section 12.2. Supplemental Resolutions Requiring Consent of Bondholders. ................75
Section 12.3. Notice of Supplemental Resolutions. .........................................................76
ARTICLE XIII MISCELLANEOUS PROVISIONS ....................................................................78
Section 13.1. Severability. ...............................................................................................78
Section 13.2. Requests of Consolidated Government. .....................................................78
Section 13.3. Validation of Series 2012 Bonds. ..............................................................78
Section 13.4. Approval of Offering Documents; Winning Bidder. .................................78
Section 13.5. Approval of Series 2012 Paying Agent and Bond Registrar
Agreement. .................................................................................................79
Section 13.6. Approval of Series 2012 Custodian and Depository Agreement. ..............79
Section 13.7. Payments Due on Saturdays, Sundays, etc. ...............................................79
Section 13.8. Waiver of Bond Audit. ...............................................................................79
Section 13.9. Effective Date. ...........................................................................................80
Section 13.10. Applicable Provisions of Law. ...................................................................80
Section 13.11. Repeal of Conflicting Resolutions. ............................................................80
Section 13.12. No Individual Responsibility of Commissioners and Officers of
Consolidated Government. ........................................................................80
Section 13.13. General Authorization. ...............................................................................80
Section 13.14. Bond Resolution Constitutes a Contract. ...................................................80
Exhibit A Form of Series 2012 Bond
Exhibit B Tax Policy
Exhibit C Form of Redemption Notice
Attachment number 1 \nPage 4 of 98
Item # 39
A MASTER BOD RESOLUTIO PROVIDIG FOR THE ISSUACE
OF WATER AD SEWERAGE REVEUE REFUDIG AD
IMPROVEMET BODS (SECOD RESOLUTIO), SERIES 2012; TO
PROVIDE FUDS TO PAY OR TO BE APPLIED TOWARD THE CO ST
OF ACQUIRIG BY REDEMPTIO, PAYMET OR OTHERWISE AL L
OF THE OUTSTADIG AUGUSTA, GEORGIA WATER AD
SEWERAGE REVEUE BODS, SERIES 2002; TO PROVIDE FOR THE
ISSUACE UDER CERTAI TERMS AD CODITIOS OF
ADDITIOAL PARITY BODS; TO PROVIDE FOR THE CREATIO
AD MAITEACE OF CERTAI FUDS; TO RATIFY AD
AUTHORIZE THE PREPARATIO, USE AD DISTRIBUTIO OF A
PRELIMIARY OFFICIAL STATEMET AD A FIAL OFFICIAL
STATEMET I COECTIO WITH THE OFFER AD SALE OF
THE SERIES 2012 BODS; TO AUTHORIZE THE SALE OF THE
SERIES 2012 BODS TO THE WIIG BIDDER; TO PROVIDE FOR
THE AUAL SUBMISSIO OF CERTAI FIACIAL
IFORMATIO AD OPERATIG DATA PURSUAT TO RULE 15c 2-
12 OF THE SECURITIES AD EXCHAGE COMMISSIO AD FO R
OTHER PURPOSES:
WHEREAS, under the provisions of Article IX, Section III, Paragraph II(a) of the
Constitution of the State of Georgia and an act of the General Assembly of the State of Georgia
(Georgia Laws 1995, p. 3648 et seq., as amended—the “Act”), and pursuant to referenda, as
authorized and required by the Act, which were held within the City of Augusta (the “City”) and
Richmond County (the “County”), the City and the County (excluding the area within the City
of Hephzibah and the Town of Blythe, Georgia) were consolidated into a consolidated
government now known as “Augusta, Georgia” (the “Consolidated Government”); and
WHEREAS, the Act was amended by subsequent acts, including Georgia Laws 1997,
p. 4024 et seq., which provides:
Said county-wide government shall be a new political entity, a body
politic and corporate, and a political subdivision of the state to be known as
“Augusta, Georgia,” at times in this Act called the “consolidated government” or
“Augusta-Richmond County,” having all the governmental and corporate powers,
duties, and functions heretofore held by and vested in the Consolidated
Government of Augusta and Richmond County, and also the powers, duties, and
functions provided in this charter; and
WHEREAS, pursuant to the Act, the Consolidated Government now constitutes a county
and a municipality under the laws and the Constitution of the State of Georgia, and is a political
subdivision of the State of Georgia in the exercise of the respective powers of a municipality and
a county; and
WHEREAS, pursuant to the Act, the water and sewerage systems of the City and the
County are owned and operated by the Consolidated Government and pursuant to the 1996
Attachment number 1 \nPage 5 of 98
Item # 39
2
Resolution (hereinafter defined) have been combined into one revenue producing undertaking;
and
WHEREAS, the Consolidated Government acting by and through its governing body,
the Augusta-Richmond County Commission (the “Commission”), by virtue of the authority of
the Constitution of the State of Georgia, the Act and Title 36, Chapter 82, Article 3 of the
Official Code of Georgia Annotated, as amended (the “Revenue Bond Law”), is authorized to
issue revenue bonds to acquire by redemption, payment or otherwise all or any part of the
Consolidated Government’s outstanding water and sewerage revenue obligations, to fund in part
a reasonably required debt service reserve and to acquire additional water and sewerage facilities
by the addition thereto of improvements to the Consolidated Government’s water and sewerage
system, as now existent and as hereafter added to, extended, improved and equipped (the
“System”), and to construct such additions, and to operate and maintain the System for its own
use, and for the use of the public and to prescribe and revise rates, and to collect fees and charges
for the services, facilities and commodities furnished by the System; and
WHEREAS, pursuant to a resolution adopted on October 21, 1996 (the “1996
Resolution”), as supplemented and amended (as hereafter more specifically defined in this
Master Bond Resolution, the “Prior Lien Resolution”), the Consolidated Government has
heretofore authorized, issued and delivered its (i) $62,880,000 original aggregate principal
amount of Richmond County Water and Sewerage Revenue Refunding and Improvement Bonds,
Series 1996A (the “Series 1996A Bonds”) which have been paid in full; (ii) $5,910,000 original
aggregate principal amount of Richmond County Water and Sewerage Revenue Refunding
Bonds, Series 1997 (the “Series 1997 Bonds”), which have been paid in full; (iii) $97,080,000
original aggregate principal amount of Augusta, Georgia Water and Sewerage Revenue Bonds,
Series 2000 (the “Series 2000 Bonds”) which are currently outstanding in the principal amount
of $2,485,000 and are due and payable in full on October 1, 2012; (iv) $149,400,000 original
aggregate principal amount of Augusta, Georgia Water and Sewerage Revenue Bonds, Series
2002 (the “Series 2002 Bonds”), which are currently outstanding in the aggregate principal
amount of $98,875,000; (v) $160,000,000 original aggregate principal amount of Augusta,
Georgia Water and Sewerage Revenue Bonds, Series 2004 (the “Series 2004 Bonds”), currently
outstanding in the aggregate principal amount of $160,000,000; and (vi) $177,010,000 original
aggregate principal amount of Augusta, Georgia Water and Sewerage Revenue Refunding
Bonds, Series 2007 (the “Series 2007 Bonds”), which are currently outstanding in the aggregate
principal amount of $169,490,000 (the Series 2004 Bonds and the Series 2007 Bonds that will be
outstanding upon the issuance and delivery of the Series 2012 Bonds (hereafter described) are
herein referred to as the “Prior Lien Bonds”); and
WHEREAS, the Prior Lien Bonds are payable from and secured by a first lien and
pledge of “pledged revenues” (as defined in the Prior Lien Resolution) of the System; and
WHEREAS, the Consolidated Government has determined that it will not issue any
additional bonds or obligations of any kind payable from a lien on pledged revenues of the
System ranking as to such lien on the pledged revenues of the System created by the Prior Lien
Resolution on a parity with the Prior Lien Bonds; and
Attachment number 1 \nPage 6 of 98
Item # 39
3
WHEREAS, the Consolidated Government has determined that there is a need for the
acquisition and construction of improvements, betterments, and extensions of the System, all as
generally described in the report dated September __, 2012, as amended, prepared by ZEL
Engineers, Augusta, Georgia, and in accordance or substantially in accordance with plans and
specifications on file from time to time with the Consolidated Government (the “Series 2012
Project”), and the Consolidated Government presently anticipates that the cost of the Series
2012 Project will be approximately $40,000,000; and
WHEREAS, after a thorough and detailed review and upon the recommendation from
Public Financial Management, Inc. (the “Financial Advisor”), the Consolidated Government
has determined that due to present market conditions and in order to achieve debt service savings
on certain of the Consolidated Government’s now outstanding bonded indebtedness, the
Consolidated Government at this time should refund the Series 2002 Bonds maturing October 1,
2018, October 1, 2027 and October 1, 2032 and currently outstanding in the aggregate principal
amount of $95,740,000 (the “Refunded Bonds”); and
WHEREAS, the Financial Advisor has further recommended, and the Consolidated
Government has concurred, that such refunding of the Refunded Bonds should be accomplished
by making due and legal provision for the redemption on October 19, 2012 of the Refunded
Bonds by paying the principal amount thereof and the interest to accrue thereon until such date
of redemption and the payment of all expenses necessary to accomplish the foregoing; and
WHEREAS, a portion of the proceeds derived from the sale of the Series 2012 Bonds,
together with all sinking fund accruals allocable to the Refunded Bonds, will be deposited in
trust, simultaneously with the issuance and delivery of the Series 2012 Bonds (hereinafter
defined), into a special segregated account designated as the “2002 Defeasance Account” with
U.S. Bank National Association, Atlanta, Georgia, as successor Bond Registrar and Paying
Agent for the Series 2002 Bonds (the “2002 Paying Agent”), in an amount sufficient without
investment to pay the principal of and interest on the Refunded Bonds to the October 19, 2012
redemption date, all as hereinafter provided; and
WHEREAS, upon the refunding of the Refunded Bonds, the Series 2004 Bonds
outstanding in the entire aggregate principal amount of $160,000,000 and the Series 2007 Bonds
outstanding in the aggregate principal amount of $167,520,000 will be the only revenue
obligations of the Consolidated Government outstanding having as security for the payment
thereof and interest thereon a first or prior lien on the “pledged revenues” of the System and the
Consolidated Government has been and is now complying and will continue to comply in all
respects with the applicable terms, covenants and provisions of the Prior Lien Resolution; and
WHEREAS, the Consolidated Government has determined that it is in the best interests
of the citizens of the area served by the System for the Consolidated Government to make the
additions, extensions, and improvements to the System described above as the Series 2012
Project, and the Consolidated Government has determined that the most feasible means of
(i) financing the Series 2012 Project, (ii) refunding the Refunded Bonds, (iii) funding a debt
service reserve account for the Series 2012 Bonds and (iv) paying the costs of issuance of the
Series 2012 Bonds is through the issuance of its water and sewerage revenue bonds on the terms
described in this Master Bond Resolution to be designated as “Augusta, Georgia Water and
Attachment number 1 \nPage 7 of 98
Item # 39
4
Sewerage Revenue Refunding and Improvement Bonds (Second Resolution), Series 2012” (the
“Series 2012 Bonds”) in an aggregate principal amount of $_____________; and
WHEREAS, the Series 2012 Bonds will be secured by a second lien on the Pledged
Revenues (hereinafter defined) of the System; and
WHEREAS, the Consolidated Government proposes to provide for the issuance (from
time to time, under certain circumstances as described herein) of Additional Bonds (hereinafter
defined) ranking as to lien on the Pledged Revenues on a parity with the lien thereon securing the
Series 2012 Bonds and Subordinate Bonds (hereafter defined); and
WHEREAS, the Consolidated Government has offered the Series 2012 Bonds for
competitive sale pursuant to an Official Notice of Sale and a Preliminary Official Statement (the
“Preliminary Official Statement”); and
WHEREAS, bids have been received pursuant to the Official Notice of Sale for all of the
Series 2012 Bonds and the Consolidated Government wishes to approve________________ (the
“Purchaser”), as the winning bidder for the Series 2012 Bonds; and
WHEREAS, it is proposed that the Consolidated Government should ratify the
preparation, use and distribution of the Preliminary Official Statement and authorize the
execution, use and distribution of an Official Statement relating to the Series 2012 Bonds; and
WHEREAS, it is further proposed that the Consolidated Government should authorize
the execution, delivery and performance of a Continuing Disclosure Certificate, dated the date of
the issuance and delivery of the Series 2012 Bonds; and
WHEREAS, it is further proposed that the Consolidated Government should appoint a
paying agent and registrar and various fund depositories for the Series 2012 Bonds; and
WHEREAS, the Consolidated Government proposes to adopt certain policies and
procedures with respect to tax-exempt debt (the “Tax Policy”), a form of which is attached
hereto as Exhibit B;
OW, THEREFORE, BE IT RESOLVED by the Augusta-Richmond County
Commission, as follows:
Attachment number 1 \nPage 8 of 98
Item # 39
5
ARTICLE I
DEFIITIOS
Section 1.1. Definitions.
In addition to the terms hereinabove defined, whenever the following terms are used in
this Master Bond Resolution, the same, unless the context shall clearly indicate another or
different meaning or intent, shall be construed or used and are intended to have the following
meaning:
“Accreted Value” means, with respect to each Compound Interest Bond, the principal
amount of such Compound Interest Bond, plus, on the date of calculation, the interest accrued
thereon to such date compounded at the interest rate thereof on each compounding date
contained in such Compound Interest Bond, and, with respect to any calculation on a date other
than a compounding date, the Accreted Value means the Accreted Value as of the preceding
compounding date plus interest on such amount from such compounding date to the date of
calculation at a rate equal to the interest rate on such Compound Interest Bond.
“Additional Bonds” means any revenue bonds of the Consolidated Government ranking
on parity with the Series 2012 Bonds which may hereafter be issued pursuant to Sections 6.2 and
6.3 of this Master Bond Resolution.
“Additional Interest” means, for any period during which any Pledged Bonds are
owned by a Liquidity Facility Issuer pursuant to a Liquidity Facility or Liquidity Facility
Agreement, the amount of interest accrued on such Pledged Bonds at the Pledged Bond Rate less
the amount of interest that would have accrued during such period on an equal principal amount
of Bonds at the Bond Rate.
“Annual Budget” means the annual budget of the Consolidated Government relating to
the System (which shall include all costs, obligations, and expenses properly allocable to the
System), as amended or supplemented in accordance with established procedures of the
Consolidated Government, adopted or in effect for a particular Fiscal Year.
“Authorized Denominations” means (a) with respect to the Series 2012 Bonds, $5,000
and any integral multiple thereof and (b) with respect to future series of Bonds, the authorized
denominations specified in the Series Resolution authorizing such Bonds.
“Balloon Bonds” means any series of Bonds 25% or more of the original principal
amount of which (i) is due in any 12-month period or (ii) may, at the option of the Bondholders,
be required to be redeemed, prepaid, purchased directly or indirectly by the Consolidated
Government, or otherwise paid in any 12-month period; provided that, in calculating the
principal amount of such Bonds due or required to be redeemed, prepaid, purchased, or
otherwise paid in any 12-month period, such principal amount shall be reduced to the extent that
all or any portion of such amount is required to be redeemed or amortized prior to such 12-month
period.
Attachment number 1 \nPage 9 of 98
Item # 39
6
“Balloon Date” means any Principal Maturity Date or Put Date on which more than 25%
of the original principal amount of related Balloon Bonds mature or are subject to mandatory
redemption or could, at the option of the Bondholders, be required to be redeemed, prepaid,
purchased directly or indirectly by the Consolidated Government, or otherwise paid.
“Beneficial Owner” means the owner of a beneficial interest in the Bonds registered in
Book-Entry Form.
“Bond Counsel” means any firm of nationally recognized bond counsel experienced in
matters relating to tax-exempt financing appointed by the Consolidated Government.
“Bond Rate” means the rate of interest per annum payable on specified Bonds other than
Pledged Bonds.
“Bond Register” means the registration books maintained and to be maintained by the
Bond Registrar.
“Bond Registrar” means the commercial bank designated by the Consolidated
Government with respect to any series of Bonds. Such Bond Registrar shall perform the duties
required of Bond Registrar set forth in the Bond Resolution. U.S. Bank National Association is
hereby designated as Bond Registrar for the Series 2012 Bonds.
“Bond Resolution” means this Master Bond Resolution as it may from time to time be
modified, supplemented, or amended by Supplemental Resolutions.
“Bondholder” means the registered owner of one or more Bonds.
“Bonds” means any revenue bonds authorized by and authenticated and delivered by the
Consolidated Government pursuant to the Bond Resolution, including the Series 2012 Bonds,
any Additional Bonds and Subordinate Bonds.
“Book-Entry Form” or “Book-Entry System” means, with respect to the Bonds, a form
or system, as applicable, under which (a) the ownership of beneficial interests in Bonds and bond
service charges may be transferred only through book-entry and (b) physical Bonds in fully
registered form are registered only in the name of a Securities Depository or its nominee as
holder, with physical Bonds in the custody of a Securities Depository.
“Capitalized Interest Account” means the Capitalized Interest Account within the
Sinking Fund established in Article V.
“Code” means the Internal Revenue Code of 1986, as amended and any regulations
promulgated thereunder.
“Commitment,” when used with respect to Balloon Bonds, means a binding written
commitment from a financial institution, surety, or insurance company to refinance such Bonds
on or prior to any Balloon Date thereof, including without limitation any Liquidity Facility for
such Bonds.
Attachment number 1 \nPage 10 of 98
Item # 39
7
“Compound Interest Bonds” means Bonds that bear interest which is calculated based
on periodic compounding, payable only at maturity or earlier redemption.
“Consolidated Government” means Augusta, Georgia, a political subdivision of the
State, existing as such pursuant to the Constitution, statutes and laws of the State.
“Construction Fund” means the Augusta, Georgia Water and Sewerage Construction
Fund created in Section 4.1.
“Construction Fund Depository” means the commercial bank appointed by the
Consolidated Government to maintain the Construction Fund.
“Costs,” with respect to any Project, means the total cost, paid or incurred, to study, plan,
design, finance, acquire, construct, reconstruct, install, or otherwise develop the Project and shall
include, but shall not be limited to, the following costs and expenses relating to such Project and
the reimbursement to the Consolidated Government for any such items previously paid by the
Consolidated Government:
(i) the cost of all lands, real or personal properties, rights, easements, and
franchises acquired;
(ii) the cost of all machinery and equipment, financing charges, and interest
prior to and during construction and for six months after completion of construction;
(iii) the cost of the acquisition, construction, reconstruction, or installation of
any Project;
(iv) the cost of engineering, architectural, development, and supervisory
services, fiscal agents’ and legal expenses, plans and specifications, and other expenses
necessary or incident to determining the feasibility or practicability of any Projects,
administrative expenses, and such other expenses as may be necessary or incident to any
financing by Bonds;
(v) the cost of placing any Project in operation;
(vi) the cost of condemnation of property necessary for such construction and
operation;
(vii) the costs of issuing any Bonds to finance any Project or to refund any
Bonds; and
(viii) any other costs that may be incident to any Project.
“Credit Facility” means any letter of credit, insurance policy, guaranty, surety bond, or
similar obligation, arrangement, or instrument issued by a bank, insurance company, or other
financial institution that is used by the Consolidated Government to enhance the Consolidated
Government’s credit by assuring owners of any of the Bonds that principal of and interest on
Attachment number 1 \nPage 11 of 98
Item # 39
8
such Bonds will be paid promptly when due. The term Credit Facility shall not include a
Reserve Account Credit Facility.
“Credit Facility Agreement” means an agreement between the Consolidated
Government and a Credit Facility Issuer pursuant to which the Credit Facility Issuer issues a
Credit Facility and may include the promissory note or other instrument evidencing the
Consolidated Government’s obligations to a Credit Facility Issuer pursuant to a Credit Facility
Agreement. The term Credit Facility Agreement shall not include a Reserve Account Credit
Facility.
“Credit Facility Issuer” means any issuer of a Credit Facility then in effect for all or
part of the Bonds. The term Credit Facility Issuer shall not include any Reserve Account Credit
Facility Provider. Whenever in the Bond Resolution the consent of the Credit Facility Issuer is
required, such consent shall only be required from the Credit Facility Issuer whose Credit
Facility is issued with respect to the Bonds for which the consent is required.
“Current Interest Bonds” means those Bonds that bear interest payable on a periodic
basis and that are not Compound Interest Bonds.
“Debt Service Account” means the Debt Service Account created within the Sinking
Fund.
“Debt Service Requirement” means the total principal and interest coming due, whether
at maturity or upon mandatory redemption, in any specified period. For purposes of calculating
the Debt Service Requirement, the following assumptions shall be used:
(a) If any Bonds Outstanding or proposed to be issued shall bear interest at a
Variable Rate, the interest coming due in any specified future period shall be determined
as if the Variable Rate in effect at all times during such future period equaled (1) the
average of the actual Variable Rates that were in effect (weighted according to the length
of the period during which each such Variable Rate was in effect) for the most recent
twelve-month period immediately preceding the date of calculation for which such
information is available (or shorter period if such information is not available for a
twelve-month period), or (2) if no such Bonds are then Outstanding, the thirty year
Revenue Bond Index most recently published in The Bond Buyer or if the Revenue Bond
Index is no longer available, the current average annual long-term fixed rate of interest on
securities of similar quality and having a similar maturity date as certified by a Financial
Advisor.
(b) If any Compound Interest Bonds are Outstanding or proposed to be issued,
the total principal and interest coming due in any specified period shall be determined,
with respect to such Compound Interest Bonds, by Series Resolution of the Consolidated
Government authorizing such Compound Interest Bonds.
(c) With respect to any Bonds secured by a Financial Facility, Debt Service
Requirement shall include (i) any commission or commitment fee obligations with
respect to such Financial Facility, (ii) the outstanding amount of any Reimbursement
Attachment number 1 \nPage 12 of 98
Item # 39
9
Obligation owed to the relevant Financial Facility Issuer and interest thereon, (iii) any
Additional Interest owed on Pledged Bonds to a Liquidity Facility Issuer, and (iv) any
remarketing agent fees.
(d) With respect to any Hedged Bonds, the interest on such Hedged Bonds
during any Hedge Period and for so long as the provider of the related Hedge Agreement
has not defaulted on its payment obligations thereunder shall be calculated by adding
(x) the amount of interest payable by the Consolidated Government on such Hedged
Bonds pursuant to their terms and (y) the amount of Hedge Payments payable by the
Consolidated Government under the related Hedge Agreement and subtracting (z) the
amount of Hedge Receipts payable by the provider of the related Hedge Agreement at the
rate specified in the related Hedge Agreement; provided, however, that to the extent that
the provider of any Hedge Agreement is in default thereunder, the amount of interest
payable by the Consolidated Government on the related Hedged Bonds shall be the
interest calculated as if such Hedge Agreement had not been executed. In determining
the amount of Hedge Payments or Hedge Receipts that are not fixed throughout the
Hedge Period (i.e., which are variable), payable or receivable for any future period, such
Hedge Payments or Hedge Receipts for any period of calculation (the “Determination
Period”) shall be computed by assuming that the variables comprising the calculation
(e.g., indices) applicable to the Determination Period are equal to the average of the
actual variables that were in effect (weighted according to the length of the period during
which each such variable was in effect) for the most recent twelve-month period
immediately preceding the date of calculation for which such information is available (or
shorter period if such information is not available for a twelve-month period).
(e) For the purpose of calculating the Debt Service Requirement on Balloon
Bonds (1) which are subject to a Commitment or (2) which do not have a Balloon Date
within 12 months from the date of calculation, such Bonds shall be assumed to be
amortized in substantially equal annual amounts to be paid for principal and interest over
an assumed amortization period of 25 years at an assumed interest rate (which shall be
the thirty year Revenue Bond Index most recently published in The Bond Buyer or if the
Revenue Bond Index is no longer available, the interest rate certified by a Financial
Advisor to be the interest rate at which the Consolidated Government could reasonably
expect to borrow the same amount by issuing Bonds with the same priority of lien as such
Balloon Bonds and with a 25-year term); provided, however, that if the maturity of such
Bonds (taking into account the term of any Commitment) is in excess of 25 years from
the date of issuance, then such Bonds shall be assumed to be amortized in substantially
equal annual amounts to be paid for principal and interest over an assumed amortization
period of years equal to the number of years from the date of issuance of such Bonds to
maturity (including the Commitment) and at the interest rate applicable to such Bonds.
(f) For the purpose of calculating the Debt Service Requirement on Balloon
Bonds (1) which are not subject to a Commitment and (2) which have a Balloon Date
within 12 months from the date of calculation, the principal payable on such Bonds on
the Balloon Date shall be calculated as if paid on the Balloon Date.
Attachment number 1 \nPage 13 of 98
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(g) The principal of and interest on Bonds and Hedge Payments shall be
excluded from the determination of Debt Service Requirement to the extent that the same
were or are expected to be paid with amounts on deposit on the date of calculation (or
Bond proceeds to be deposited on the date of issuance of proposed Bonds) in the
Construction Fund, the Sinking Fund, or a similar fund for Subordinate Bonds.
(h) With respect to any Federal Credit Payment Bonds, the interest on such
Federal Credit Payment Bonds for so long as the Federal government continues to pay the
Federal Credit Payments to the Consolidated Government shall be calculated by
subtracting the amount of Federal Credit Payments paid or payable by the Federal
government with respect to such Federal Credit Payment Bonds from the amount of
interest payable by the Consolidated Government on such Federal Credit Payment Bonds
pursuant to their terms.
“Debt Service Reserve Account” means the Debt Service Reserve Account within the
Sinking Fund established in Article IV.
“Debt Service Reserve Requirement” means as of any date of calculation, an amount
equal to the least of (a) 10% of the original principal amount of Senior Bonds, (b) 50% of the
maximum annual Debt Service Requirement on Senior Bonds payable in any Fiscal Year or
(c) 125% of the average annual Debt Service Requirement on Senior Bonds payable in the then
current or any succeeding Fiscal Year.
“Depository” means the depository of each fund established under the Bond Resolution,
and any successor depository of such fund hereafter designated by the Consolidated Government
in a Supplemental Resolution.
“DTC” means The Depository Trust Company, New York, New York, or its nominee, or
its successors and assigns, or any other depository performing similar functions under the Bond
Resolution.
“Engineering Report” means any engineering report related to Projects to be acquired,
constructed, installed or equipped with the proceeds of any Bonds.
“Event of Default” means any of the events defined as such in Article IX.
“Expenses of Operation and Maintenance” means all expenses reasonably incurred in
connection with the operation and maintenance of the System, including salaries, wages, the cost
of materials and supplies, rentals of leased property, if any, management fees, payments to others
for the purchase of water, if any, and for the treatment and disposal of sewerage, the cost of
audits, Paying Agent’s and Bond Registrar’s fees, payment of premiums for insurance required
by the Bond Resolution and other insurance that the Consolidated Government deems prudent to
carry on the System and its operations and personnel, and, generally, all expenses, exclusive of
interest on the Bonds and the Prior Lien Bonds and depreciation or amortization, that under
accounting principles generally accepted for municipal utility purposes are properly allocable to
operation and maintenance; however, only such expenses as are reasonably and properly
necessary or desirable for the proper operation and maintenance of the System shall be included.
Attachment number 1 \nPage 14 of 98
Item # 39
11
“Expenses of Operation and Maintenance” also includes the Consolidated Government’s
obligations under any contract with any other political subdivision or public agency or authority
of one or more political subdivisions pursuant to which the Consolidated Government undertakes
to make payments measured by the expenses of operating and maintaining any facility that
constitutes part of the System and that is owned or operated in part by the Consolidated
Government and in part by others.
“Federal Credit Payment Bonds” means any Bonds for which the Consolidated
Government shall be entitled to receive Federal Credit Payments.
“Federal Credit Payments” means any periodic direct federal credit payments required
to be paid by the Federal government to the Consolidated Government relating to any series of
Bonds in an amount equal to a percentage of the interest payments on such Bonds if the
Consolidated Government irrevocably elected in a Supplemental Resolution authorizing the
issuance of such Bonds to include such direct federal credit payments in the definition of
“Operating Revenues” herein.
“Financial Advisor” means an investment banking or financial advisory firm,
commercial bank, or any other Person who or which is appointed by the Consolidated
Government for the purpose of passing on questions relating to the availability and terms of
specified types of Bonds and is actively engaged in and, in the good faith opinion of the
Consolidated Government, has a favorable reputation for skill and experience in underwriting or
providing financial advisory services in respect of similar types of securities.
“Financial Facility” means a Credit Facility or a Liquidity Facility.
“Financial Facility Agreement” means a Credit Facility Agreement or a Liquidity
Facility Agreement.
“Financial Facility Issuer” means a Credit Facility Issuer or a Liquidity Facility Issuer.
“Fiscal Year” means the 12-month period used by the Consolidated Government for its
general accounting purposes, as it may be changed from time to time. The Fiscal Year at the
time this Master Bond Resolution was adopted began on January 1 and ended on December 31 of
the same year.
“Fitch” means Fitch, Inc., doing business as Fitch Ratings, or, if such limited partnership
is dissolved or liquidated or otherwise ceases to perform securities rating services, such other
nationally recognized securities rating agency as may be designated in writing by the
Consolidated Government. The notice address of Fitch shall be One State Street Plaza, New
York, New York 10004.
“Forecast Period” means a period of five consecutive Fiscal Years commencing with
the Fiscal Year after the later of (1) the Fiscal Year in which any proposed Additional Bonds are
to be issued or (2) the Fiscal Year in which any Project to be financed with the proceeds of any
proposed Additional Bonds is expected to be completed.
Attachment number 1 \nPage 15 of 98
Item # 39
12
“Government Loans” means loans to the Consolidated Government by the government
of the United States or the State, or by any department, authority, or agency of either, for the
purpose of acquiring, constructing, reconstructing, improving, bettering, or extending any part of
the System.
“Government Obligations” means (a) obligations of the United States and of its
agencies and instrumentalities, (b) obligations fully insured or guaranteed by the United States
government or United States government agency or (c) obligations of any corporation of the
United States government (including any obligations described in (a), (b) or (c) issued or held in
book-entry form on the books of the Department of the Treasury of the United States of
America).
“Hedge Agreement” means, without limitation, (i) any contract known as or referred to
or which performs the function of an interest rate swap agreement, currency swap agreement,
forward payment conversion agreement, or futures contract; (ii) any contract providing for
payments based on levels of, or changes or differences in, interest rates, currency exchange rates,
or stock or other indices; (iii) any contract to exchange cash flows or payments or series of
payments; (iv) any type of contract called, or designed to perform the function of, interest rate
floors, collars, or caps, options, puts, or calls, to hedge or minimize any type of financial risk,
including, without limitation, payment, currency, rate, or other financial risk; and (v) any other
type of contract or arrangement that the Consolidated Government determines is to be used, or is
intended to be used, to manage or reduce the cost of any Bonds, to convert any element of any
Bonds from one form to another, to maximize or increase investment return, to minimize
investment return risk, or to protect against any type of financial risk or uncertainty.
“Hedge Payments” means amounts payable by the Consolidated Government pursuant
to any Hedge Agreement, other than termination payments, fees, expenses, and indemnity
payments.
“Hedge Payments Account” means the Hedge Payments Account within the Sinking
Fund established in Article V.
“Hedge Period” means the period during which a Hedge Agreement is in effect.
“Hedge Receipts” means amounts payable by any provider of a Hedge Agreement
pursuant to such Hedge Agreement, other than termination payments, fees, expenses, and
indemnity payments.
“Hedged Bonds” means any Bonds for which the Consolidated Government shall have
entered into a related Hedge Agreement.
“Independent Certified Public Accountant” means a certified public accountant, or a
firm of certified public accountants, who or which is “independent” as that term is defined in
Rule 101 and related interpretations of the Code of Professional Ethics of the American Institute
of Certified Public Accountants, of recognized standing, who or which does not devote his or its
full time to the Consolidated Government (but who or which may be regularly retained by the
Consolidated Government).
Attachment number 1 \nPage 16 of 98
Item # 39
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“Independent Consulting Engineer” means a firm of engineers or utility consultants
experienced in the planning and management of water and sewer systems and having a nationally
recognized reputation for such work.
“Interest Payment Date” means (a) with respect to the Series 2012 Bonds, each April 1
and October 1, commencing April 1, 2013 and (b) with respect to other series of Bonds, the
interest payment date specified in the Supplemental Resolution authorizing such Bonds.
“Investment Earnings” means all interest received on and profits derived from
investments made with Pledged Revenues or any moneys in the funds and accounts established
under Article V.
“Liquidity Facility” means any letter of credit, standby bond purchase agreement, line
of credit, revolving credit agreement, or similar obligation, arrangement, or instrument issued by
a bank, insurance company, or other financial institution that is used by the Consolidated
Government to perform one or more of the following tasks: (i) providing liquidity for the
owners of Bonds through undertaking to cause Bonds to be bought from the owners thereof
when submitted pursuant to an arrangement prescribed by a Series Resolution; or
(ii) remarketing any Bonds so submitted to the Liquidity Facility Issuer (whether or not the same
Liquidity Facility Issuer is remarketing the Bonds).
“Liquidity Facility Agreement” means an agreement between the Consolidated
Government and a Liquidity Facility Issuer pursuant to which the Liquidity Facility Issuer issues
a Liquidity Facility and may include the promissory note or other instrument evidencing the
Consolidated Government’s obligations to a Liquidity Facility Issuer pursuant to a Liquidity
Facility Agreement.
“Liquidity Facility Issuer” means any issuer of a Liquidity Facility then in effect for all
or part of the Bonds.
“Moody’s” means Moody’s Investors Service, Inc. or, if such corporation is dissolved or
liquidated or otherwise ceases to perform securities rating services, such other nationally
recognized securities rating agency as may be designated in writing by the Consolidated
Government. The notice address of Moody’s shall be 7 World Trade Center, 250 Greenwich
Street, New York, New York 10007.
“et Operating Revenues” means Operating Revenues after provision for payment of
all Expenses of Operation and Maintenance and excluding Federal Credit Payments and
including any PILOT payments and PILOF payments.
“Operating Revenues” means all income and revenue of any nature derived from the
operation of the System, including monthly water and sewerage billings, service charges, other
charges for water and sewerage service and the availability thereof (other than any special
assessment proceeds), connection or tap fees (whether accounted for as revenues or as
contributed capital), local, state, or federal grants or other moneys received for the payment of
Expenses of Operation and Maintenance and any Federal Credit Payments, but excluding local,
Attachment number 1 \nPage 17 of 98
Item # 39
14
state, or federal grants, loans, capital improvement contract payments, or other moneys received
for capital improvements to the System and excluding Investment Earnings.
“Other System Obligations” means obligations of any kind, including but not limited
to, Government Loans, revenue bonds, capital leases, installment purchase agreements, or notes
(but excluding Bonds and related obligations to Financial Facility Issuers, Reserve Account
Credit Facility Providers and Qualified Hedge Providers), incurred or issued by the Consolidated
Government to finance or refinance the cost of acquiring, constructing, reconstructing,
improving, bettering, or extending any part of the System or for any other purpose with respect
to the System.
“Outstanding” means, when used in reference to the Bonds, all Bonds that have been
duly authenticated and delivered under the Bond Resolution, with the exception of (a) Bonds in
lieu of which other Bonds have been issued under agreement to replace lost, mutilated, stolen, or
destroyed obligations, (b) Bonds surrendered by the owners in exchange for other Bonds under
Section 2.6 or Section 3.4, and (c) Bonds for the payment of which provision has been made in
accordance with Article IX. In determining the amount of Compound Interest Bonds
Outstanding under the Bond Resolution, the Accreted Value of such Compound Interest Bonds at
the time of determination shall be used.
“Participants” means those financial institutions for which the Securities Depository
effects book-entry transfers and pledges of securities deposited with the Securities Depository in
the Book-Entry System, as such listing exists at the time of such reference.
“Paying Agent” means initially U.S. Bank National Association, Atlanta, Georgia and
the commercial bank or banks appointed by the Consolidated Government to serve as paying
agent in accordance with the terms of the Bond Resolution for any series of Bonds.
“Permitted Investments” means and includes any of the following securities, if and to
the extent the same are at the time legal for investment of Consolidated Government funds:
(a) the local government investment pool created in Chapter 83 of Title 36 of
the Official Code of Georgia Annotated, as amended;
(b) bonds or obligations of the Consolidated Government, or bonds or
obligations of the State of Georgia, or of other counties, municipal corporations, and
political subdivisions of the State of Georgia;
(c) bonds or other obligations of the United States or of subsidiary
corporations of the United States government which are fully guaranteed by such
government;
(d) obligations of and obligations guaranteed by agencies or instrumentalities
of the United States government, including those issued by the Federal Land Bank,
Federal Home Loan Bank, Federal Intermediate Credit Bank, Bank for Cooperatives and
any other such agency or instrumentality now or hereafter in existence; provided,
however, that all such obligations shall have a current credit rating from a nationally
Attachment number 1 \nPage 18 of 98
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15
recognized rating service of at least one of the three highest rating categories available
and have a nationally recognized market;
(e) bonds or other obligations issued by any public housing agency or
municipal corporation in the United States, which such bonds or obligations are fully
secured as to the payment of both principal and interest by a pledge of annual
contributions under an annual contributions contract or contracts with the United States
government, or project notes issued by any public housing agency, urban renewal agency,
or municipal corporation in the United States which are fully secured as to payment of
both principal and interest by a requisition, loan, or payment agreement with the United
States government;
(f) certificates of deposit of national or state banks located within the State of
Georgia which have deposits insured by the Federal Deposit Insurance Corporation and
certificates of deposit of federal savings and loan associations and state building and loan
or savings and loan associations located within the State of Georgia which have deposits
insured by the Savings Association Insurance Fund of the Federal Deposit Insurance
Corporation or the Georgia Credit Union Deposit Insurance Corporation, including the
certificates of deposit of any bank, savings and loan association, or building and loan
association acting as depository, custodian, or trustee for any proceeds of any bonds. The
portion of such certificates of deposit in excess of the amount insured by the Federal
Deposit Insurance Corporation, the Savings Association Insurance Fund of the Federal
Deposit Insurance Corporation or the Georgia Credit Union Deposit Insurance
Corporation, if any, shall be secured by deposit, with the Federal Reserve Bank of
Atlanta, Georgia, or with any national or state bank or federal savings and loan
association or state building and loan or savings and loan association located within the
State of Georgia or with a trust office located within the State of Georgia, of one or more
of the following securities in an aggregate principal amount equal at least to the amount
of such excess: direct and general obligations of the State of Georgia or other states or of
any county or municipal corporation in the State of Georgia, obligations of the United
States or subsidiary corporations referred to in paragraph (c) above, obligations of the
agencies and instrumentalities of the United States government referred to in
paragraph (d) above, or bonds, obligations, or project notes of public housing agencies,
urban renewal agencies, or municipalities referred to in paragraph (e) above;
(g) securities of or other interests in any no-load, open-end management type
investment company or investment trust registered under the Investment Company Act of
1940, as from time to time amended, or any common trust fund maintained by any bank
or trust company which holds such proceeds as trustee or by an affiliate thereof so long
as:
(i) the portfolio of such investment company or investment trust or
common trust fund is limited to the obligations referred to in paragraph (c) and (d)
above and repurchase agreements fully collateralized by any such obligations;
Attachment number 1 \nPage 19 of 98
Item # 39
16
(ii) such investment company or investment trust or common trust
fund takes delivery of such collateral either directly or through an authorized
custodian;
(iii) such investment company or investment trust or common trust
fund is managed so as to maintain its shares at a constant net asset value; and
(iv) securities of or other interests in such investment company or
investment trust or common trust fund are purchased and redeemed only through
the use of national or state banks having corporate trust powers and located within
the State of Georgia; and
(h) interest-bearing time deposits, repurchase agreements, reverse repurchase
agreements, rate guarantee agreements, or other similar banking arrangements with a
bank or trust company having capital and surplus aggregating at least $50 million or with
any government bond dealer reporting to, trading with, and recognized as a primary
dealer by the Federal Reserve Bank of New York having capital aggregating at least $50
million or with any corporation which is subject to registration with the Board of
Governors of the Federal Reserve System pursuant to the requirements of the Bank
Holding Company Act of 1956, provided that each such interest-bearing time deposit,
repurchase agreement, reverse repurchase agreement, rate guarantee agreement or other
similar banking arrangement shall permit the moneys so placed to be available for use at
the time provided with respect to the investment or reinvestment of such moneys; and
(i) any other investments authorized by the laws of the State of Georgia from
time to time.
“Person” means any natural person, firm, association, corporation, limited liability
company, partnership, joint stock company, joint venture, trust, unincorporated organization or firm,
or a government or any agency or political subdivision thereof or other public body.
“PILOF” means payments in lieu of franchise fees paid from Operating Revenues to the
Consolidated Government intended to approximate franchise fees paid by other utility companies
providing services within the Consolidated Government and calculated as a percentage of metered
revenue of the System.
“PILOT” means payments in lieu of taxes paid from Operating Revenues to the
Consolidated Government equal to the ad valorem property taxes that would be payable on the
net depreciated value of above-ground System structures if such assets were subject to
ad valorem property tax.
“Pledged Bond” means any Bond purchased and held by a Liquidity Facility Issuer
pursuant to a Liquidity Facility Agreement. A Bond shall be deemed a Pledged Bond only for
the actual period during which such Bond is owned by a Liquidity Facility Issuer pursuant to a
Liquidity Facility Agreement.
Attachment number 1 \nPage 20 of 98
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“Pledged Bond Rate” means the rate of interest payable on Pledged Bonds, as may be
provided in a Liquidity Facility or Liquidity Facility Agreement.
“Pledged Revenues” means Operating Revenues, after provision for payment of all
Expenses of Operations and Maintenance, and Investment Earnings; provided that on and after
the date the Prior Lien Bonds are no longer outstanding under the Prior Lien Resolution, Pledged
Revenues shall also include Hedge Receipts and exclude any amounts required in the Bond
Resolution to be set aside pending, or used for, rebate to the United States government pursuant
to Section 148(f) of the Code, including, but not limited to, amounts in the Rebate Fund.
The term “principal” means the principal amount of any Bond and includes the Accreted
Value of any Compound Interest Bonds. All references to principal shall be construed as if they
were also references to Accreted Value with respect to Compound Interest Bonds.
“Principal Maturity Date” means each date on which principal is to become due on any
Bonds, by maturity or mandatory sinking fund redemption, as established in the Series
Resolution for such Bonds.
“Prior Lien Bonds” means the Outstanding Series 2004 Bonds and the Outstanding
Series 2007 Bonds issued pursuant to the Prior Lien Resolution.
“Prior Lien Resolution” means the bond resolution adopted by the Consolidated
Government on October 21, 1996, as modified, supplemented, and amended by supplemental
resolutions adopted by the Consolidated Government on December 3 and 16, 1996, August 22,
2000, September 15, 2000, May 30, 2002, June 21, 2002, May 4, 2004, June 1, 2004,
November 23, 2004, June 15, 2004 and September 26, 2007, authorizing the issuance and
delivery of the Prior Lien Bonds.
“Project” means the acquisition, construction, reconstruction, improvement, betterment,
extension, or equipping of the System, in whole or in part, with the proceeds of any Bonds.
“Projected Senior Interest Payment” means that sum, redetermined by the
Consolidated Government monthly, which would have to be accumulated in the Interest Account
by the next Interest Payment Date to pay interest on Senior Bonds that bear interest at a Variable
Rate if such Variable Rate should continue to equal the rate borne by such Senior Bonds on the
date of calculation.
“Put Date” means any date on which a Bondholder may elect to have Balloon Bonds
redeemed, prepaid, purchased directly or indirectly by the Consolidated Government, or
otherwise paid.
“Qualified Hedge Provider” means an entity whose senior unsecured long term
obligations, financial program rating, counterparty rating, or claims paying ability, or whose
payment obligations under the related Hedge Agreement are absolutely and unconditionally
guaranteed by an entity whose senior unsecured long term obligations, financial program rating,
counterparty rating, or claims paying ability, are rated either (i) at least as high as the middle
range of the third highest rating category of each Rating Agency, but in no event lower than any
Rating on the related Hedged Bonds at the time of execution of the Hedge Agreement, or (ii) in
Attachment number 1 \nPage 21 of 98
Item # 39
18
any such lower Rating that each Rating Agency indicates in writing to the Consolidated
Government will not, by itself, result in a reduction or withdrawal of its Rating on the related
Hedged Bonds that is in effect prior to entering into the Hedge Agreement. An entity’s status as
a “Qualified Hedge Provider” is determined only at the time the Consolidated Government enters
into a Hedge Agreement with such entity and cannot be redetermined with respect to that Hedge
Agreement.
“Rating” means a rating in one of the categories by a Rating Agency, disregarding
pluses, minuses, and numerical gradations.
“Rating Agencies” or “Rating Agency” means Fitch, Moody’s, or Standard & Poor’s or
any successors thereto and any other nationally recognized credit rating agency then maintaining
a rating on any Bonds at the request of the Consolidated Government. If at any time a particular
Rating Agency does not have a rating outstanding with respect to the relevant Bonds, then a
reference to Rating Agency or Rating Agencies shall not include such Rating Agency.
“Rebate Fund” means the Augusta, Georgia Water and Sewerage System Rebate Fund
established in Section 5.2(b)(2).
“Record Date” means (a) with respect to the Series 2012 Bonds, the fifteenth day of the
calendar month preceding each Interest Payment Date and (b) with respect to any other series of
Bonds, the record date specified in the Supplemental Resolution authorizing such Bonds.
“Refunded Bonds” means the Series 2002 Bonds maturing October 1, 2018, October 1,
2027 and October 1, 2032.
“Reimbursement Obligation” means the obligation of the Consolidated Government to
directly reimburse any Financial Facility Issuer for amounts paid by such Financial Facility
Issuer under a Financial Facility, whether or not such obligation to so reimburse is evidenced by
a promissory note or other similar instrument.
“Reserve Account Credit Facility” means the letter of credit, insurance policy, line of
credit, or surety bond, together with any substitute or replacement therefor, if any, complying
with the provisions of the Bond Resolution, thereby fulfilling all or a portion of the Debt Service
Reserve Requirement.
“Reserve Account Credit Facility Provider” means any provider of a Reserve Account
Credit Facility.
“Revenue Bond Law” means the Revenue Bond Law (O.C.G.A. Section 36-82-60
et seq.), as amended from time to time.
“Revenue Fund” means the Augusta, Georgia Water and Sewerage System Revenue
Fund described in Section 5.2.
“Securities Depository” means any securities depository that is a “clearing corporation”
within the meaning of the New York Uniform Commercial Code and a “clearing agency”
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registered pursuant to provisions of Section 17A of the Securities Exchange Act of 1934,
operating and maintaining, with its Participants or otherwise, a Book-Entry System to record
ownership of beneficial interest in bonds and bond service charges, and to effect transfers of
bonds in Book-Entry Form, and means, initially, DTC.
“Securities Depository ominee” means any nominee of a Securities Depository and
shall initially mean Cede and Co., New York, New York, as nominee of DTC.
“Senior Bonds” means the Series 2012 Bonds and any Additional Bonds.
“Senior Hedge Agreements” means Hedge Agreements relating to Hedged Bonds that
are Senior Bonds.
“Series Resolution” means a bond resolution or bond resolutions of the Consolidated
Government (which may be supplemented by one or more bond resolution(s)) to be adopted
prior to and authorizing the issuance and delivery of any series of Bonds. This Master Bond
Resolution shall constitute the Series Resolution for the Series 2012 Bonds, as well as the Master
Bond Resolution for Additional Bonds and Subordinate Bonds. Such a bond resolution as
supplemented shall establish the date or dates of the pertinent series of Bonds, the schedule of
maturities of such Bonds, whether any such Bonds will be Compound Interest Bonds, the name
of the purchaser(s) of such series of Bonds, the purchase price thereof, the rate or rates of interest
to be borne thereby, whether fixed or variable, the interest payment dates for such Bonds, the
terms and conditions, if any, under which such Bonds may be made subject to redemption
(mandatory or optional) prior to maturity, the form of such Bonds, and such other details as the
Consolidated Government may determine.
“Series 2012 Bonds” means the Augusta, Georgia Water and Sewerage Revenue
Refunding and Improvement Bonds (Second Resolution), Series 2012, authorized to be issued
pursuant to Article II.
“Series 2012 Construction Account” means the Augusta Georgia Water and Sewerage
System Construction Fund – Series 2012 Construction Account within the Construction Fund
established in Article IV.
“Series 2012 Custodian and Depository Agreement” means the Custodian and
Depository Agreement, to be dated the date of its execution and delivery, between the
Consolidated Agreement and U.S. Bank National Association, relating to the Series 2012 Bonds,
as amended, modified or replaced.
“Series 2012 Disclosure Certificate” means the continuing disclosure certificate
executed in connection with the issuance of the Series 2012 Bonds.
“Series 2012 Project” means the Project as (1) generally described in the report dated
September __, 2012, as amended, prepared by the Consolidated Government’s consulting
engineers, ZEL Engineers, Augusta, Georgia, and (2) particularly described in plans and
specifications on file from time to time with the Consolidated Government.
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“Series 2012 Paying Agent and Bond Registrar Agreement” means the Paying Agent
and Bond Registrar Agreement, to be dated the date of its execution and delivery, between the
Consolidated Government and U.S. Bank National Association, relating to the Series 2012
Bonds, as amended, modified, or replaced.
“Sinking Fund” means the Augusta, Georgia Water and Sewerage System Sinking Fund
No. 2 described in Section 5.2 in which are held the Debt Service Account and the Debt Service
Reserve Account.
“Sinking Fund o. 1” means the Augusta, Georgia Water and Sewerage System Sinking
Fund described in Section 5.2.
“Standard and Poor’s” or “S&P” means Standard & Poor’s Ratings Services, a
division of The McGraw-Hill Companies, Inc., or, if such corporation is dissolved or liquidated
or otherwise ceases to perform securities rating services, such other nationally recognized
securities rating agency as may be designated in writing by the Consolidated Government. The
notice address of Standard & Poor’s shall be 55 Water Street, New York, New York 10041.
“State” means the State of Georgia.
“Subordinate Bonds” means Bonds issued with a right to payment from the Pledged
Revenues and secured by a lien on the Pledged Revenues expressly junior and subordinate to the
Senior Bonds.
“Subordinate Hedge Agreements” means Hedge Agreements relating to Hedged Bonds
that are Subordinate Bonds.
“Supplemental Resolution” means (a) any Series Resolution and (b) any modification,
amendment, or supplement to this Master Bond Resolution other than a Series Resolution.
“System” means the water and sewerage system of the Consolidated Government, as it
now exists and as it may be hereafter added to, extended, improved, and equipped, either from
the proceeds of the Bonds or from any other sources at any time hereafter, including, without
limitation, (a) all wells, pumping stations, purification and treatment plants, and other sources of
supply of water and all pipes, mains, and other parts of the facilities for the distribution of water
and disposal and treatment of sewerage and all equipment and property used in connection
therewith and (b) all other facilities or property of any nature or description, real or personal,
tangible or intangible, now or hereafter owned or used by the Consolidated Government in the
supply, treatment, disposal and distribution of water and sewerage, including solid waste
facilities relating to sludge disposal, or held by the Consolidated Government to obtain future
sources of raw water. The Consolidated Government may own a partial interest in any water and
sewerage facility, the remaining interest in which may be owned by or on behalf of a political
subdivision of the State or any agency or authority thereof. In case of such ownership, the rights
and interests possessed by the Consolidated Government in such facility shall be included as part
of the System.
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“Tax-Exempt Bonds” means any Bonds the interest on which has been determined, in
an unqualified opinion of Bond Counsel, to be excludable from the gross income of the owners
thereof for federal income tax purposes.
“Term Bonds” means Bonds that mature on one Principal Maturity Date yet a portion of
which are required to be redeemed, prior to maturity, under a schedule of mandatory redemptions
established by the Bond Resolution.
“2002 Defeasance Account” means the account created for the purpose of holding a
portion of the proceeds of the Series 2012 Bonds which are to be applied to the refunding of the
Refunded Bonds.
“Utility General Fund” means the Augusta, Georgia Water and Sewerage System
Utility General Fund described in Article V.
“Variable Rate” means as to any Bonds, any portion of such Bonds the interest rate on
which is not established at the time of original execution or issuance at a fixed or constant rate.
Section 1.2. Construction of Certain Terms.
For all purposes of the Bond Resolution, except as otherwise expressly provided or unless
the context otherwise requires, the following rules of construction shall apply:
(1) The use of the masculine, feminine, or neuter gender is for convenience
only and shall be deemed and construed to include correlative words of the masculine,
feminine, or neuter gender, as appropriate.
(2) All references in the Bond Resolution to designated “Articles,”
“Sections,” and other subdivisions are to the designated Articles, Sections, and other
subdivisions of the Bond Resolution. The words “herein,” “hereof,” and “hereunder” and
other words of similar import refer to the Bond Resolution as a whole and not to any
particular Article, Section, or other subdivision.
(3) The terms defined in this Article shall have the meanings assigned to them
in this Article and include the plural as well as the singular.
(4) All accounting terms not otherwise defined herein have the meanings
assigned to them in accordance with generally accepted accounting principles as
promulgated by the American Institute of Certified Public Accountants.
Section 1.3. Table of Contents; Titles and Headings
The table of contents, the titles of the articles, and the headings of the sections of the
Bond Resolution are solely for convenience of reference, are not a part of the Bond Resolution,
and shall not be deemed to affect the meaning, construction, or effect of any of its provisions.
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Section 1.4. Contents of Certificates or Opinions.
Every certificate or opinion with respect to the compliance with a condition or covenant
provided for in the Bond Resolution shall include: (i) a statement that the person or persons
making or giving such certificate or opinion have read such covenant or condition and the
definitions herein relating thereto, (ii) a brief statement as to the nature and scope of the
examination or investigation upon which the statements or opinions contained in such certificate
or opinion are based, (iii) a statement that, in the opinion of the signers, they have made or
caused to be made such examination or investigation as is necessary to enable them to express an
informed opinion as to whether or not such covenant or condition has been complied with, and
(iv) a statement as to whether, in the opinion of the signers, such condition or covenant has been
complied with.
Any such certificate or opinion made or given by an official of the Consolidated
Government may be based, insofar as it relates to legal or accounting matters, upon a certificate
or an opinion of counsel or an accountant, which certificate or opinion has been given only after
due inquiry of the relevant facts and circumstances, unless such official knows that the certificate
or opinion with respect to the matters upon which his certificate or opinion may be based as
aforesaid is erroneous or in the exercise of reasonable care should have known that the same was
erroneous. Any such certificate or opinion made or given by counsel or an accountant may be
based (insofar as it relates to factual matters with respect to information that is in the possession
of an official of the Consolidated Government or any third party) upon the certificate or opinion
of or representations by an official of the Consolidated Government or any third party on whom
counsel or an accountant could reasonably rely unless such counsel or such accountant knows
that the certificate or opinion or representations with respect to the matters upon which his
certificate or opinion may be based as aforesaid are erroneous or in the exercise of reasonable
care should have known that the same were erroneous. The same official of the Consolidated
Government, or the same counsel or accountant, as the case may be, need not certify or opine to
all of the matters required to be certified or opined under any provision of the Bond Resolution,
but different officials, counsel, or accountants may certify or opine to different matters,
respectively.
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ARTICLE II
THE BODS
Section 2.1. Authorization; Designation of Bonds.
The Bonds authorized under the Bond Resolution may be issued and sold from time to
time in one or more series, shall be designated “Augusta, Georgia Water and Sewerage Revenue
Bonds,” and shall be in substantially the form set forth in the related Series Resolution, but such
variations, omissions, substitutions, and insertions may be made therein, and such particular
series designation, legends, or text may be endorsed thereon, as may be necessary or appropriate
to conform to and as required or permitted by this Master Bond Resolution and any Series
Resolution or as may be necessary or appropriate to comply with applicable requirements of the
Code. The Bonds also may bear such legend or contain such further provisions as may be
necessary to comply with or conform to the rules and requirements of any brokerage board,
securities exchange, or municipal securities rulemaking board. Additional Bonds may be issued
from time to time as provided in, and subject to the limitations set forth in, Article VI.
Subordinate Bonds may be issued from time to time as provided in, and subject to the limitations
set forth in, Section 6.4.
Under the authority of the Revenue Bond Law, the Consolidated Government hereby
authorizes the execution, issuance and delivery of a series of Bonds in a total aggregate principal
amount of $___________ and designated “Augusta, Water and Sewerage Revenue Refunding
and Improvement Bonds (Second Resolution), Series 2012.” The proceeds of the Series 2012
Bonds will be used for the purpose of (a) refunding the Refunded Bonds, (b) acquiring,
constructing, installing and equipping the Series 2012 Project, (c) funding a debt service reserve
account and (d) paying the costs of issuing the Series 2012 Bonds. The issuance of the Series
2012 Bonds for the foregoing purposes is hereby found and declared to be in the best interests of
and in advancement of the general welfare of the Consolidated Government’s citizens.
Section 2.2. Details of Bonds.
The Bonds shall be issued in fully registered form in Authorized Denominations and shall
be dated as provided in the pertinent Series Resolution, except that any Compound Interest Bond
shall be issued in the denomination of $5,000 maturity amount or integral multiples thereof.
Each Bond authenticated prior to the first Interest Payment Date thereon shall bear
interest from its dated date. Each Bond authenticated on or after the first Interest Payment Date
thereon shall bear interest from the Interest Payment Date thereon next preceding the date of
authentication thereof, unless such date of authentication shall be an Interest Payment Date to
which interest on such Bond has been paid in full or duly provided for, in which case from such
date of authentication; provided that if, as shown by the records of the Paying Agent, interest on
such Bond shall be in default, such Bond shall bear interest from the date to which interest has
been paid in full on such Bond or, if no interest has been paid on such Bond, its dated date. Each
Bond shall bear interest on overdue principal and, to the extent permitted by law, on overdue
premium, if any, and interest at the rate borne by such Bond. No payment due on any Bond shall
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be overdue if on the due date of such payment sufficient collected funds to make such payment
are on deposit with the Paying Agent.
The principal of, premium, if any, and interest on the Bonds shall be payable in any coin
or currency of the United States of America that, at the respective dates of payment thereof, is
legal tender for the payment of public and private debts.
The Series 2012 Bonds shall be dated their date of original issuance and delivery, shall be
in the form of fully registered bonds without coupons, shall be in Authorized Denominations,
shall be transferable to subsequent owners as hereinafter provided, shall be numbered R-1
upward and shall bear interest as herein provided (based on a 360 day year comprised of twelve
30-day months) at the rates per annum set forth below. Interest on the Series 2012 Bonds shall
be payable April 1 and October 1 of each year, commencing April 1, 2013, and the principal
shall mature on the 1st day of October in the years and amounts set forth below:
Year Principal Amount Interest Rate
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
2026
2032
Unless a Bond is held in Book-Entry Form, the principal of and redemption premium, if
any, on any Bond shall be payable to the Bondholder upon presentation and surrender thereof at
the principal corporate trust office of the Paying Agent. Unless a Bond is held in Book-Entry
Form, payments of interest on each Bond shall be made by the Paying Agent to the registered
owner as shown on the Bond Register kept by the Bond Registrar at the close of business on the
Record Date preceding the Interest Payment Date by check, mailed by first class mail to the
registered owner at the address shown on the Bond Register, or at such other address as is
furnished in writing by such registered owner to the Bond Registrar prior to such Record Date,
notwithstanding the cancellation of any such Bonds upon any exchange or transfer thereof
subsequent to the Record Date and prior to such Interest Payment Date. Notwithstanding the
foregoing, interest on the Bonds of any series shall be paid to any registered owner of more than
$1,000,000 in aggregate principal amount of the Bonds of such series by deposit of immediately
available funds to the account of such registered owner maintained with the Paying Agent or
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transmitted by wire transfer to such registered owner to an account maintained at a commercial
bank located within the United States of America if written instructions are given to the Paying
Agent prior to the 15th day preceding the Interest Payment Date. Interest shall continue to be so
paid until such wire instructions are revoked in writing. While the Bonds of any series are held
in Book-Entry Form, the principal of and interest on such Bonds shall be payable as provided in
Section 2.9.
The Consolidated Government may, by Supplemental Resolution, provide for other
methods or places of payment, including wire transfer, as it may deem appropriate for any
Bonds.
Section 2.3. Execution; Form of Series 2012 Bonds.
The Bonds shall be executed on behalf of the Consolidated Government by the manual or
facsimile signature of the Mayor and attested by the manual or facsimile signature of the Clerk of
the Commission. The official seal of the Consolidated Government shall be impressed thereon.
The Bonds shall be authenticated by the manual signature of a duly authorized signatory of the
Bond Registrar. The validation certificate to be attached to the Bonds shall be executed by the
manual signature of the Clerk of the Superior Court of Richmond County, and the official seal of
such Court shall be impressed thereon. In case any official whose signature shall appear on the
Bonds shall cease to be such officer before delivery of the Bonds, such signature shall
nevertheless be valid and sufficient for all purposes the same as if such officer had remained in
office until such delivery. The Series 2012 Bonds, the certificate of authentication and
registration, form of assignment and the certificate of validation to be endorsed upon the Series
2012 Bonds, shall be in substantially the form set forth in Exhibit A hereto, with such variations,
omissions and insertions as are required or permitted by this Bond Resolution. Prior to the
preparation of definitive Bonds, the Consolidated Government may issue interim receipts,
interim certificates, or temporary Bonds, exchangeable in any case for definitive Bonds upon the
issuance of definitive Bonds.
Section 2.4. Required Authentication; Proof of Ownership.
Only those Bonds which shall have endorsed thereon a certificate of authentication and
registration substantially in the form of Bond set forth in the Bond Resolution, duly executed by
the manual signature of an authorized officer of the Bond Registrar shall be entitled to any
benefit or security under this Bond Resolution. Every such certificate of the Bond Register upon
any of such Bonds when duly executed shall be conclusive evidence that such Bond has been
duly authenticated, registered and delivered under the Bond Resolution and that the owner is
entitled to the benefit of the Bond Resolution. It shall not be necessary that the same authorized
signatory of the Bond Registrar sign the certificate of authentication and registration on all of the
Bond or on all Bonds of any series. The person in whose name any Bond shall be registered
shall be deemed and regarded as the absolute owner thereof for all purposes and the payment of
the principal amount, interest and premium, if any, shall be made only to or upon the order of the
registered owner thereof or such registered owner’s attorney duly authorized in writing. All such
payments shall be valid and effectual to satisfy and discharge the liability upon such Bond,
including redemption premium, if any, and the interest thereon to the extent of the sums so paid.
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Section 2.5. Bond Registrar; Transfer and Exchange.
The Bond Registrar shall keep the Bond Register of the Consolidated Government for the
registration of the Bonds and for the registration of transfers of the Bonds as herein provided.
The transfer of any Bond shall be registered upon the Bond Register upon the surrender and
presentation of the Bond to the Bond Registrar duly endorsed for transfer or accompanied by an
assignment duly executed by the registered owner or attorney duly authorized in writing in such
form as shall be satisfactory to the Bond Registrar. Upon any such registration of transfer, the
Bond Registrar shall authenticate and deliver in exchange for such Bond or Bonds so
surrendered, a new Bond or Bonds registered in the name of the transferee or transferees, of any
Authorized Denomination, and in an aggregate principal amount or maturity amount equal to the
aggregate principal amount or maturity amounts of the Bonds so surrendered and of the same
maturity, interest rate, series and tenor, and bearing numbers not then outstanding. Any Bond,
upon presentation and surrender thereof to the Bond Registrar, together with an assignment duly
executed by the registered owner or duly authorized attorney, in such form as may be satisfactory
to the Bond Registrar, may be exchanged for an aggregate principal amount of Bonds of the
same series, interest rate, maturity and equal to the principal amount of the Bond so surrendered,
of any Authorized Denomination, and bearing numbers not then outstanding. The Bond
Registrar may make a charge for every exchange or registration of transfer of the Bonds
sufficient to reimburse it for any tax or other governmental charge required to be paid with
respect to such exchange or registration of transfer, but no other charge shall be made to the
owner for the privilege of exchanging or registering the transfer of Bonds under the Bond
Resolution.
The Bond Registrar shall not be required to transfer or exchange any Bond after notice
calling such Bond for redemption has been given or during the period of 15 days (whether or not
a business day for the Bond Registrar, but excluding the date of giving such notice of redemption
and including such 15th day) immediately preceding the giving of such notice of redemption.
All Bonds surrendered for exchange or transfer of registration shall be canceled and
destroyed by the Bond Registrar in accordance with Section 2.7.
Notwithstanding the foregoing, registrations of transfers and exchanges shall be made in
accordance with the Book-Entry System as long as the Bonds are held in Book-Entry Form.
Section 2.6. Lost, Destroyed, Mutilated Bonds.
If any Bond is mutilated, lost, stolen, or destroyed, the Consolidated Government may
execute and deliver a new Bond of the same series, maturity, interest rate, aggregate principal
amount, and tenor in lieu of and in substitution for the Bond mutilated, lost, stolen, or destroyed.
In the case of any mutilated Bond, however, such mutilated Bond shall first be surrendered to the
Bond Registrar, and, in the case of any lost, stolen, or destroyed Bond, there shall first be
furnished to the Bond Registrar evidence satisfactory to it of the ownership of such Bond and of
such loss, theft, or destruction, together with indemnity to the Consolidated Government and the
Bond Registrar, satisfactory to each of them. If any such Bond shall have matured or a
redemption date pertaining to the Bond shall have passed, instead of issuing a new Bond the
Consolidated Government may pay or cause the Paying Agent to pay the Bond. The
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Consolidated Government, the Bond Registrar, and the Paying Agent may charge the owner of
such Bond with their reasonable fees and expenses for replacing mutilated, lost, stolen, or
destroyed Bonds.
In executing a new Bond and in furnishing the Bond Registrar with the written
authorization to deliver a new Bond as provided for in this Section, the Consolidated
Government may rely conclusively on a representation of the Bond Registrar that the Bond
Registrar is satisfied with the adequacy of the evidence presented concerning the mutilation, loss,
theft, or destruction of any Bond.
Section 2.7. Blank Bonds.
The Consolidated Government shall make all necessary and proper provisions for the
transfer and exchange of the Bonds by the Bond Registrar and the Consolidated Government
shall deliver or cause to be delivered to the Bond Registrar a sufficient quantity of blank Bonds
duly executed on behalf of the Consolidated Government, together with the certificate of
validation pertaining thereto duly executed by the Clerk of the Superior Court of Richmond
County, as herein provided in order that the Bond Registrar shall at all times be able to register
and authenticate the Bonds at the earliest practicable time in accordance with the provisions of
the Bond Resolution. All Bonds surrendered in any such exchange or registration of transfer
shall be forthwith canceled by the Bond Registrar and a record thereof duly entered in the
permanent records pertaining to the Bonds maintained by the Bond Registrar.
Section 2.8. Cancellation and Destruction of Bonds.
If a Bond is paid, purchased or redeemed in full, either at or before maturity, it shall be
delivered to the Bond Registrar when such payment, purchase or redemption is made, and the
Bond shall thereupon be cancelled and shall not be reissued. All Bonds cancelled on account of
payment, transfer or exchange shall be destroyed in accordance with the prevailing practice of
the Bond Registrar and a permanent record of such destruction shall be kept by the Bond
Registrar.
Section 2.9. Global Form; Securities Depository; Ownership of Series 2012 Bonds.
(a) Upon the initial issuance, the ownership of each Series 2012 Bond shall be
registered in the name of the Securities Depository or the Securities Depository Nominee, and
ownership thereof shall be maintained in Book-Entry Form by the Securities Depository for the
account of the Participants thereof. Initially, each maturity of the Series 2012 Bonds shall be
registered in the name of Cede & Co., as the nominee of The Depository Trust Company.
Beneficial Owners will not receive Series 2012 Bonds from the Paying Agent evidencing their
ownership interests. Except as provided in subsection (c) of this Section 2.9, the Series 2012
Bonds may be transferred, in whole but not in part, only to the Securities Depository or the
Securities Depository Nominee, or to a successor Securities Depository selected or approved by
the Consolidated Government or to a nominee of such successor Securities Depository.
(b) With respect to Series 2012 Bonds registered in the name of the Securities
Depository or the Securities Depository Nominee, the Consolidated Government, the Paying
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Agent and the Bond Registrar shall have no responsibility or obligation to any Participant or
Beneficial Owner. Without limiting the foregoing, the Consolidated Government, the Paying
Agent, the Bond Registrar and their respective affiliates shall not have any responsibility or
obligation with respect to:
(i) the accuracy of the records of the Securities Depository, the Securities
Depository Nominee or any Participant with respect to any beneficial ownership interest
in the Series 2012 Bonds;
(ii) the delivery to any Participant, any Beneficial Owner or any other person,
other than the Securities Depository or the Securities Depository Nominee, of any notice
with respect to the Series 2012 Bonds; or
(iii) the payment to any Participant, any Beneficial Owner or any other person,
other than the Securities Depository or the Securities Depository Nominee, of any
amount with respect to the principal, premium, if any, or interest on the Series 2012
Bonds.
So long as any Series 2012 Bonds are registered in Book-Entry Form, the Consolidated
Government and the Paying Agent may treat the Securities Depository as, and deem the
Securities Depository to be, the absolute owner of such Series 2012 Bonds for all purposes
whatsoever, including without limitation:
(i) the payment of principal, premium, if any, and interest on such series of
Series 2012 Bonds;
(ii) giving notices of redemption and other matters with respect to such Series
2012 Bonds;
(iii) registering transfers with respect to such Series 2012 Bonds;
(iv) the selection of Series 2012 Bonds for redemption; and
(v) voting and obtaining consents under the Bond Resolution.
So long as any Series 2012 Bonds are registered in Book-Entry Form, the Paying Agent
shall pay all principal, premium, if any, and interest on the Series 2012 Bonds only to the
Securities Depository or the Securities Depository Nominee as shown in the Bond Register, and
all such payments shall be valid and effective to fully discharge the Consolidated Government’s
obligations with respect to payment of principal of, premium, if any, and interest on the Series
2012 Bonds to the extent so paid.
(c) If at any time (i) the Consolidated Government determines that the Securities
Depository is incapable of discharging its responsibilities described herein, (ii) the Securities
Depository notifies the Consolidated Government that it is unwilling or unable to continue as
Securities Depository with respect to the Series 2012 Bonds, or (iii) the Securities Depository
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shall no longer be registered or in good standing under the Securities Exchange Act of 1934 or
other applicable statute or regulation and a successor Securities Depository is not appointed by
the Consolidated Government within 90 days after the Consolidated Government receives notice
or becomes aware of such condition, as the case may be, then this Section 2.9 shall no longer be
applicable and the Consolidated Government shall execute and the Bond Registrar shall
authenticate and deliver bonds representing the Series 2012 Bonds to the owners of the Series
2012 Bonds. Series 2012 Bonds issued pursuant to this paragraph (c) shall be registered in such
names and Authorized Denominations as the Securities Depository, pursuant to instructions from
the Participant or otherwise, shall instruct the Bond Registrar. Upon exchange, the Bond
Registrar shall deliver such certificates representing the Series 2012 Bonds to the persons in
whose names such Series 2012 Bonds are so registered on the business day immediately
preceding the date of such exchange.
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ARTICLE III
REDEMPTIO OF BODS
Section 3.1. Optional Redemption.
The Series 2012 Bonds maturing on or after October 1, _____, may be redeemed prior to
their respective maturities at the option of the Consolidated Government on or after October 1,
_____, in whole or in part at any time, at the redemption price of par plus accrued interest to the
redemption date.
Section 3.2. Mandatory Sinking Fund Redemption.
The Series 2012 Bonds maturing on October 1, _____, are subject to mandatory sinking
fund redemption on October 1, _____ and on each October 1 thereafter, in accordance with the
Bond Resolution, at a redemption price equal to the principal amount of each Series 2012 Bond
(or portion thereof) to be redeemed plus accrued interest to the date fixed for redemption, in the
following principal amounts and on the dates set forth below (the October 1, _____ amount to be
paid rather than redeemed):
October 1 of the Year Principal Amount
The Consolidated Government shall be entitled to receive a credit in respect of its
mandatory sinking fund redemption obligation for Series 2012 Bonds delivered, purchased, or
redeemed, as hereinafter described, if the Consolidated Government at its option purchases in the
open market and delivers to the Paying Agent for cancellation Series 2012 Bonds or redeems
Series 2012 Bonds (other than through mandatory sinking fund redemption) and such Series
2012 Bonds have not theretofore been applied as a credit against any mandatory redemption
obligation. Each such Series 2012 Bond so purchased or redeemed shall be credited by the
Paying Agent at 100% of the principal amount thereof on the obligation of the Consolidated
Government on such mandatory redemption payment date, and any excess shall be credited on
future mandatory sinking fund redemption obligations in chronological order, and the principal
amount of such Series 2012 Bonds to be redeemed by operation of mandatory redemption shall
be accordingly reduced.
Section 3.3. otice of Redemption
Unless waived by any registered owner of Bonds to be redeemed, official notice of any
such redemption shall be given by the Bond Registrar on behalf of the Consolidated Government
by mailing a copy of an official redemption notice by first class mail, at least 30 days and not
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more than 60 days prior to the date fixed for redemption to the registered owner of the Bond or
Bonds to be redeemed at the address shown on the Bond Register or at such other address as is
furnished in writing by such registered owner to the Bond Registrar.
All official notices of redemption shall be dated, shall contain the complete official name
of the Bond issue, and shall state:
(1) the redemption date;
(2) the redemption price;
(3) the interest rates and maturity dates of the Bonds being redeemed;
(4) the date on which notice of redemption will be published;
(5) if less than all the Outstanding Bonds are to be redeemed, the Bond
numbers, and, where part of the Bonds evidenced by one Bond certificate are being
redeemed, the respective principal amounts of such Bonds to be redeemed;
(6) that on the redemption date the redemption price will become due and
payable upon each such Bond or portion thereof called for redemption and that interest
thereon shall cease to accrue from and after such date;
(7) the place where such Bonds are to be surrendered for payment of the
redemption price (which place of payment shall be the principal corporate trust office of
the Paying Agent) and the name, address, and telephone number of a person or persons at
the Paying Agent who may be contacted with respect to the redemption; and
(8) any conditions to such redemption.
Upon the payment of the redemption price of Bonds being redeemed, each check or other
transfer of funds issued for such purpose shall bear the CUSIP number identifying, by issue and
maturity, the Bonds being redeemed with the proceeds of such check or other transfer.
Not less than 60 days after the redemption date, the Bond Registrar shall send a second
copy of the official notice of redemption to the registered owner of any Bond or Bonds to be
redeemed if, by such date, such registered owner has not surrendered its Bond or Bonds for
redemption. Such notice shall be sent by registered or certified mail, with a return receipt
requested.
Any defect in any notice of redemption shall not affect the validity of proceedings for
redemption of the Bonds.
The Paying Agent shall hold amounts payable on redemption for Bonds that have not
been surrendered for redemption for a period of not less than one year after the final maturity
date of the Bonds or any earlier date when all of the Bonds have been refunded or redeemed.
Attachment number 1 \nPage 35 of 98
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Section 3.4. Effect of otice of Redemption.
Official notice of redemption having been given in the manner and under the conditions
provided in this Article, and moneys for payment of the redemption price being held by the
Paying Agent as provided in the Bond Resolution, the Bonds or portions of Bonds called for
redemption shall, on the redemption date designated in such notice, become and be due and
payable at the redemption price provided for redemption of such Bonds or portions of Bonds on
such date, and from and after such date interest on the Bonds or portions of Bonds called for
redemption shall cease to accrue, such Bonds or portions of Bonds shall cease to be entitled to
any lien, benefit, or security under the Bond Resolution, and the owners of such Bonds or
portions of Bonds shall have no rights in respect thereof except to receive payment of the
redemption price thereof. Upon surrender for partial redemption of any Bond, there shall be
prepared for and delivered to the registered owner a new Bond or Bonds of the same series,
maturity, and interest rate in the amount of the unpaid principal.
Section 3.5. Redemption Among Series.
Subject to the redemption provisions of any Series Resolution authorizing Bonds, the
Consolidated Government in its discretion may redeem the Bonds of any series, or a portion of
the Bonds of any such series, before it redeems the Bonds of any other series. Within any
particular series, any redemption of Bonds shall be effected in the manner provided in this
Master Bond Resolution and in any Series Resolution.
Section 3.6. Selection of Bonds to be Redeemed.
If less than all of the Bonds of like maturity of any series shall be called for redemption,
the particular Bonds, or portions of Bonds, to be redeemed shall be selected by lot in such other
manner as the Consolidated Government in its discretion may deem proper. The portion of any
Bond of a denomination of more than $5,000 to be redeemed shall be in the principal amount of
$5,000 or an integral multiple thereof, and, in selecting portions of such Bonds for redemption,
the Consolidated Government shall treat each such Bond as representing that number of Bonds
which is obtained by dividing the principal amount of such Bond to be redeemed in part by
$5,000.
Section 3.7. Purchase in Open Market.
Nothing herein contained shall be construed to limit the right of the Consolidated
Government to purchase with any excess moneys in the Interest Account or the Principal
Account (i.e., moneys not needed in the then current Fiscal Year to pay principal of and interest
on any Senior Bonds) and for Sinking Fund purposes, any Senior Bonds in the open market.
Any such Senior Bonds so purchased shall not be reissued and shall be canceled.
Attachment number 1 \nPage 36 of 98
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ARTICLE IV
COSTRUCTIO FUD; CUSTODY AD APPLICATIO OF PROCE EDS
Section 4.1. Construction Fund.
(a) A special trust fund is hereby created and designated as the “Augusta, Georgia
Water and Sewerage Construction Fund.” All moneys deposited into the Construction Fund
shall be held in trust by the Construction Fund Depository separate from other deposits of the
Consolidated Government. A special account is initially created in the Construction Fund; the
“Series 2012 Capital Improvement Account.”
As to any future issue of Bonds providing Construction Fund moneys, the Construction
Fund Depository shall establish a separate special account for the Construction Fund, each of
which shall be designated as “Series ______ Capital Improvement Account” (hereinafter referred
to as a “Capital Improvement Account”). Subject to Section 4.3, the moneys credited to a
Capital Improvement Account shall be used and applied for the purpose of paying the Costs of
the Project or for the repayment of advances made for that purpose in accordance with and
subject to the provisions and restrictions set forth in this Article.
(b) All payments from the Construction Fund shall be made by wire transfer or upon
checks signed by the Construction Fund Depository or officers of the Consolidated Government
properly authorized to sign on its behalf (an “Authorized Consolidated Government
Representative”). Before any such transfers are made or any checks are signed, there shall be
filed with the Construction Fund Depository:
(1) A requisition for such payment stating each amount to be paid, and the
name of the person to whom payment is due; and
(2) A certificate signed by such Authorized Consolidated Government
Representative, attached to the requisition and certifying that:
(i) An obligation in the stated amount has been incurred by the
Consolidated Government, specifying the purpose and circumstances of such
obligation in reasonable detail and to whom such obligation is owed, that the
same is a proper charge against the Construction Fund and has not been paid or
the subject of a previous requisition, and that the bill or statement of account for
such obligation is on file with the Consolidated Government;
(ii) The Authorized Consolidated Government Representative has no
notice of any vendors, mechanic’s or other liens or rights to liens, chattel
mortgages, conditional sales contracts or any security interest, that should be
satisfied or discharged before such payment is made;
(iii) Such requisition contains no item representing payment on account
or any retained percentages which the Consolidated Government is, at the date of
such certificate, entitled to retain; and
Attachment number 1 \nPage 37 of 98
Item # 39
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(iv) Insofar as such obligation was incurred for work, materials,
supplies or equipment in connection with the undertaking, such work was actually
performed, or such materials, supplies or equipment were actually installed in or
about the construction or delivered at the site of the work for that purpose.
(c) No requisition for payment shall be made until the Consolidated Government has
been furnished with a proper certificate of the supervising Independent Consulting Engineer that
insofar as such obligation was incurred for work, material, supplies, or equipment in connection
with the undertaking, such work was actually performed, or such material, supplies, or
equipment was actually installed in or about the construction or delivered at the site of the work
for that purpose.
(d) In the event the United States government or government of the State, or any
department, authority, or agency of either, agrees to allocate moneys to be used to defray any
part of the Cost of any Project upon the condition that the Consolidated Government appropriate
a designated amount of moneys for such purpose, and it is required of the Consolidated
Government that its share of such cost be deposited in a special account, the Consolidated
Government shall have the right to withdraw any sum so required from the Construction Fund by
appropriate transfer and deposit the same in a special account for that particular Project;
provided, however, that all payments thereafter made from such special account shall be made
only in accordance with the requirements set forth in this Section.
Withdrawals for investment purposes only may be made by the Construction Fund
Depository to comply with written directions from the Consolidated Government without any
requisition other than such direction.
(e) The Consolidated Government will do all things, and take all reasonable and
prudent measures, necessary to continue construction with due diligence and to expend the
moneys credited to each Capital Improvement Account in the Construction Fund as
expeditiously as possible in order to assure the completion of the Project for which such accounts
were created, on the earliest practicable date, and will indemnify itself against the usual hazards
incident to the construction of such Project.
(f) All requisitions and certificates required by this Section shall be retained either by
the Construction Fund Depository or by the Consolidated Government, subject at all times to
inspection by any officer of the Consolidated Government and any Bondholder.
Section 4.2. Investment of Construction Fund Moneys.
The Consolidated Government covenants that it will not cause or permit to be paid from
the Construction Fund any sums except in accordance with such provisions and restrictions;
provided, however, that any moneys in the Construction Fund not presently needed for the
payment of current obligations during the course of construction may be invested in Permitted
Investments maturing not later than (i) the date upon which such moneys will be needed
according to a schedule of anticipated payments from the Construction Fund filed with the
Consolidated Government by the Independent Consulting Engineer in charge of the Project or
Attachment number 1 \nPage 38 of 98
Item # 39
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(ii) in the absence of such schedule, 36 months from the date of purchase, in either case upon
written direction of the Consolidated Government. Any such investments shall be held by the
Construction Fund Depository, in trust, for the account of the Construction Fund until maturity
or until sold, and at maturity or upon such sale the proceeds received therefrom including
accrued interest and premium, if any, shall be immediately deposited by the Construction Fund
Depository in the Construction Fund and shall be disposed of in the manner and for the purposes
provided in the Bond Resolution.
Section 4.3. Funds Remaining on Completion of Projects.
The Consolidated Government shall, when a Project has been completed, and may, when
a Project has been substantially completed, file with the Construction Fund Depository a
certificate signed by the Authorized Consolidated Government Representative estimating what
portion of the funds remaining in the separate account relating to such Project will be required by
the Consolidated Government for the payment or reimbursement of the Costs of such Project.
The Authorized Consolidated Government Representative shall attach to such certificate a
certificate of the supervising engineer certifying that such Project has been completed or
substantially completed, as the case may be, in accordance with the plans and specifications
therefor and approving the estimates of the Authorized Consolidated Government Representative
with respect to the portion of funds in the Capital Improvement Account required for Costs of the
Project. Such funds that will not be used shall be (1) transferred to the Principal Account and
used to redeem Bonds of the related series on the next redemption date or to pay principal of
such Bonds on the next Principal Maturity Date, or (2) transferred to the Interest Account and
used to pay interest on Bonds of the related series, provided that the Consolidated Government
shall first obtain an opinion of Bond Counsel to the effect that, under existing law, the
application of such moneys to pay interest on such Bonds (a) is allowed under State law, and
(b) if such Bonds are Tax-Exempt Bonds, will not, by itself and without more, adversely affect
the exclusion from gross income for federal income tax purposes of interest payable on such
Bonds. When all moneys have been withdrawn or transferred from any Capital Improvement
Account within the Construction Fund in accordance with the provisions of this Article IV, such
separate account shall terminate and cease to exist.
Section 4.4. Application of Funds.
The Consolidated Government shall apply the net proceeds (i.e., the sale proceeds less
the underwriter’s discount) from the sale of the Series 2012 Bonds as follows:
(a) $____________ shall be transferred to the 2002 Paying Agent for deposit
in the 2002 Defeasance Account and applied to refund the Refunded Bonds;
(b) $____________ shall be deposited into the Debt Service Reserve
Account; and
(c) the balance shall be deposited into the Series 2012 Capital Improvement
Account to pay Costs of the Project and the costs of issuance for the Series 2012 Bonds.
Attachment number 1 \nPage 39 of 98
Item # 39
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Notwithstanding the foregoing, if the Mayor shall determine that a different application of funds
is required to carry out the intent of this Bond Resolution, the Mayor may provide for such
different application of funds in the authentication order to be delivered at the time of issuance of
the Series 2012 Bonds.
Section 4.5. Redemption of Refunded Bonds.
The Refunded Bonds be and the same are hereby irrevocably called for redemption on
October 19, 2012 and the owners of the Refunded Bonds should present the same for payment on
October 19, 2012 and receive the principal amount thereof and all interest due thereon to
October 19, 2012.
Section 4.6. Direction to Paying Agent for the Refunded Bonds.
The Consolidated Government hereby authorizes and directs the 2002 Paying Agent to
mail the notice of redemption of the Refunded Bonds not later than September 19, 2012 to the
registered owners of the Refunded Bonds to be redeemed at the addresses which appear on the
bond registration book kept by the bond registrar for the Refunded Bonds, which notice shall be
in substantially the form attached hereto as Exhibit C.
Section 4.7. Creation of 2002 Defeasance Account.
Simultaneously with the issuance and delivery of the Series 2012 Bonds herein
authorized to be issued, a sufficient sum derived from the sale of the Series 2012 Bonds and
lawfully available funds, including all sinking fund accruals allocable to the Refunded Bonds,
shall be deposited in trust with the 2002 Paying Agent in an amount sufficient without
investment to pay the principal of and interest on the Refunded Bonds to the October 19, 2012
redemption date. The Paying Agent, in its role as the 2002 Paying Agent, shall establish a
special segregated trust account designated the “2002 Defeasance Account.” The moneys so
deposited in the 2002 Defeasance Account and all income therefrom shall be subject to a lien and
charge in favor of the owners of, and are hereby pledged to the payment of, the Refunded Bonds,
shall not be commingled with other moneys on deposit with the 2002 Paying Agent and shall be
held in trust for the security of such owners until used and applied as hereinafter provided.
The moneys so deposited in trust in the 2002 Defeasance Account have been calculated
as being sufficient and shall be used to redeem all of the Refunded Bonds by making the
following payment on October 19, 2012:
Date Principal Interest Total
10/19/2012 $95,740,000 $_________ $___________
Any moneys remaining in the 2002 Defeasance Account following the redemption of the
Refunded Bonds on October 19, 2012, shall be deposited to the Debt Service Account.
Attachment number 1 \nPage 40 of 98
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ARTICLE V
PLEDGED REVEUES AD FLOW OF FUDS
Section 5.1. Pledge of Revenues; Limited Obligations.
(a) All Pledged Revenues shall be and are hereby pledged to the prompt payment of
the principal of, premium, if any, and interest on the Bonds. Such moneys and securities shall
immediately be subject to the lien of this pledge for the benefit of the Bondholders without any
physical delivery thereof or further act, and the lien of this pledge shall be valid and binding
against the Consolidated Government and against all other persons having claims against the
Consolidated Government, whether such claims shall have arisen in tort, contract, or otherwise,
and regardless of whether such persons have notice of the lien of this pledge. This pledge shall
rank superior to all other pledges that may hereafter be made of any of the Pledged Revenues,
except for pledges of the Pledged Revenues hereafter made by the Consolidated Government in
the Hedge Agreements to secure Hedge Payments, which may rank on a parity with this pledge
as to the related Hedged Bonds on and after the date that no Prior Lien Bonds remain outstanding
under the Prior Lien Resolution. The lien of the pledge made in this Section 5.1 does not secure
any obligation of the Consolidated Government other than the Bonds; provided that so long as
any Prior Lien Bonds are outstanding pursuant to the Prior Lien Resolution, the pledge of and
lien on Pledged Revenues to the payment of principal of, premium, if any, and interest on the
Bonds shall be subject and subordinate to the pledge of and lien on “pledged revenues” (as
defined in the Prior Lien Resolution) to the payment of principal of, premium, if any, and interest
on the Prior Lien Bonds.
(b) The Bonds shall be limited obligations of the Consolidated Government as
provided herein payable solely from the Pledged Revenues. The Bonds and the interest thereon
shall not constitute a general or moral obligation of, nor a debt, indebtedness, or obligation of, or
a pledge of the faith and credit of, the Consolidated Government or the State of Georgia, or any
political subdivision thereof, within the meaning of any constitutional or statutory provision
whatsoever. Neither the faith and credit nor the taxing power of the State of Georgia, the
Consolidated Government or any political subdivision thereof is pledged to the payment of the
principal of, premium, if any, or interest on the Bonds or other costs incident thereto. Neither the
members of the Commission nor any person executing the Bonds shall be liable personally on
the Bonds by reason of the issuance thereof.
Section 5.2. Funds and Accounts.
(a) Pursuant to the Prior Lien Resolution, the Consolidated Government has
heretofore created and is currently maintaining the following funds and accounts separate and
apart from its other funds, and the moneys deposited in such funds and accounts shall be held in
trust for the purposes set forth in the Prior Lien Resolution and the Bond Resolution:
(i) Augusta, Georgia Water and Sewerage System Revenue Fund, currently
held and to be held by Bank of America, N.A., Augusta, Georgia, as Depository for the
account of the Consolidated Government.
Attachment number 1 \nPage 41 of 98
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(ii) Augusta, Georgia Water and Sewerage System Sinking Fund (the
“Sinking Fund o. 1 ”), containing a debt service account and a debt service reserve
account currently held and to be held by U.S. Bank National Association, Atlanta,
Georgia, as Depository for the account of the Consolidated Government.
(iii) Augusta, Georgia Water and Sewerage System Hedge Payments Fund (the
“Hedge Payments Fund”) currently held and to be held by Bank of America, N.A.,
Augusta, Georgia, as Depository for the account of the Consolidated Government.
(iv) Augusta, Georgia Water and Sewerage System Utility General Fund,
currently held and to be held by Bank of America, N.A., Augusta, Georgia, as Depository
for the account of the Consolidated Government.
The Consolidated Government covenants that, so long as any Bonds issued pursuant to the Bond
Resolution remain outstanding, it will continue to maintain the above-described Revenue Fund
and Utility General Fund separate and apart from all other funds of the Consolidated
Government.
(b) The Consolidated Government hereby establishes the following funds and
accounts, and the moneys deposited in such funds and accounts shall be held in trust for the
purposes set forth in the Bond Resolution:
(i) Augusta, Georgia Water and Sewerage System Sinking Fund No. 2 (the
“Sinking Fund”), to be held by U.S. Bank National Association, Atlanta, Georgia, as
Depository for the account of the Consolidated Government, containing the following
accounts:
(a) Interest Account.
(b) Hedge Payments Account.
(c) Principal Account.
(d) Capitalized Interest Account.
(e) Debt Service Reserve Account.
(ii) Augusta, Georgia Water and Sewerage System Rebate Fund, to be held by
Bank of America, N.A., Augusta, Georgia, as Depository for the account of the
Consolidated Government.
(iii) Augusta, Georgia Water and Sewerage System Construction Fund, to be
held by Bank of America, N.A., Augusta, Georgia, as Depository for the account of the
Consolidated Government and the Series 2012 Capital Improvement Account held
therein.
Each account listed above shall be held within the fund under which it is created. All
funds and accounts listed above are further described in this Article, except for (i) the Rebate
Attachment number 1 \nPage 42 of 98
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Fund and (ii) the Construction Fund and the Series 2012 Capital Improvement Account, which
are further described in Article VIII and Article IV, respectively.
Section 5.3. Revenue Fund.
The Consolidated Government shall deposit and continue to deposit all Operating
Revenues in the Revenue Fund from time to time as and when received. Moneys in the Revenue
Fund shall be applied by the Consolidated Government from time to time to the following
purposes and in the following order of priority:
(a) First: The Consolidated Government shall make withdrawals as needed
from the Revenue Fund in amounts necessary to pay the Expenses of Operation and
Maintenance. PILOT and PILOF payments shall not be payable from the Revenue Fund,
but shall be payable solely from the Utility General Fund as hereinafter provided.
(b) Second: So long as any Prior Lien Bonds are outstanding pursuant to the
Prior Lien Resolution, there shall next be deposited monthly into Sinking Fund No. 1
created by the Prior Lien Resolution the amounts required by the Prior Lien Resolution
for the purpose of paying the principal of and interest on the Prior Lien Bonds, including
the maintenance of the required reserves for that purpose as required by the Prior Lien
Resolution.
(c) Third: So long as any Prior Lien Bonds are outstanding pursuant to the
Prior Lien Resolution, there shall next be deposited monthly into the Hedge Payments
Fund amounts due Hedge Providers under the Hedge Agreements (other than termination
payments, which are funded from the Utility General Fund).
(d) Fourth: There shall next be deposited monthly into the Interest Account
the amount required by Section 5.4(a).
(e) Fifth: On and after the date that no Prior Lien Bonds remain outstanding
pursuant to the Prior Lien Resolution, there shall next be deposited monthly into the
Hedge Payments Account the amount required by Section 5.4(b).
(f) Sixth: There shall next be deposited monthly into the Principal Account
the amount required by Section 5.4(c).
(g) Seventh: On and after the date that no Prior Lien Bonds remain
outstanding pursuant to the Prior Lien Resolution, there shall next be deposited monthly
any amounts required to be deposited into the Rebate Fund, as estimated by the
Consolidated Government, or as estimated for the Consolidated Government and
approved by the Consolidated Government, for purposes of complying with the
requirement for rebate to the United States government under Section 148(f) of the Code.
Deposits may be made in monthly installments and may be adjusted as the Consolidated
Government deems necessary to provide the amount that it estimates to be necessary, as
revised from time to time, within any Fiscal Year.
Attachment number 1 \nPage 43 of 98
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(h) Eighth: On and after the date that no Prior Lien Bonds remain outstanding
pursuant to the Prior Lien Resolution, there shall next be paid monthly to any Financial
Facility Issuer securing Senior Bonds all amounts required to be paid to such Financial
Facility Issuer as compensation for the Financial Facility securing Senior Bonds and as
satisfaction of any other amounts due under the Financial Facility Agreement that are not
considered to be subrogated payments of principal and interest on Senior Bonds under
Section 9.6, including Additional Interest on Senior Bonds.
(i) Ninth: There shall next be deposited monthly into the Debt Service
Reserve Account and paid monthly to any Reserve Account Credit Facility Provider, on a
pro rata basis based upon the Debt Service Reserve Requirement for the Debt Service
Reserve Account, the amount required by Section 5.4(f).
(j) Tenth: There shall next be paid monthly repayments of any draw-down on
any Reserve Account Credit Facility (other than repayments that reinstate the Reserve
Account Credit Facility) and any interest or fees due the Reserve Account Credit Facility
Provider under such Reserve Account Credit Facility.
(k) Eleventh: There shall next be deposited monthly the amounts required to
be deposited into the funds and accounts created by any Series Resolution authorizing the
issuance of Subordinate Bonds, for the purpose of (i) paying principal of (whether at
maturity or upon mandatory redemption) and interest on Subordinate Bonds, (ii) making
Hedge Payments under Subordinate Hedge Agreements on and after the date that no Prior
Lien Bonds are outstanding under the Prior Lien Resolution and (iii) accumulating
reserves for such payments. Any money withdrawn from such funds and accounts for
use in making such payments shall be released from the lien of the Bond Resolution. If at
any time the amounts in any account of the Sinking Fund are less than the amounts
required by the Bond Resolution, and there are not on deposit in the Utility General Fund
available moneys sufficient to cure any such deficiency, then the Consolidated
Government shall withdraw from the funds and accounts relating to Subordinate Bonds
and deposit in such account of the Sinking Fund, as the case may be, the amount
necessary (or all the moneys in such funds and accounts, if less than the amount required)
to make up such deficiency.
(l) Twelfth: On and after the date that no Prior Lien Bonds remain
outstanding pursuant to the Prior Lien Resolution, there shall next be paid monthly any
amounts required to be paid with respect to any Other System Obligations.
(m) Thirteenth: There shall next be deposited monthly into the Utility General
Fund all remaining moneys and securities held in the Revenue Fund after all of the other
transfers set forth in this Section 5.3 have been made; provided that on and after the date
that no Prior Lien Bonds remain outstanding under the Prior Lien Resolution, the
Consolidated Government shall maintain a working capital reserve in the Revenue Fund
to pay the costs of operating, maintaining and repairing the System in such amount as the
Administrator of the Consolidated Government and the Director of the Utilities
Department of the Consolidated Government deem reasonable and prudent; provided
further that the amount of such working capital reserve shall be a minimum of the lesser
Attachment number 1 \nPage 44 of 98
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of $2,500,000 or 5% of the Operating Revenues of the System for the immediately
preceding Fiscal Year.
Section 5.4. Sinking Fund.
Sufficient moneys shall be paid in monthly installments from the Revenue Fund into
(1) the Interest Account and the Principal Account for the purpose of paying the principal of and
interest (excluding Additional Interest) on the Senior Bonds as they become due and payable and
(2) on or after the date that no Prior Lien Bonds remain outstanding under the Prior Lien
Resolution, the Hedge Payments Account for the purpose of making Hedge Payments under
Senior Hedge Agreements. Amounts held in the Interest Account shall not be used to pay
Additional Interest.
(a) Interest Account. There shall be paid into the Interest Account monthly, on or
before the 25th day of the month, an installment equal to 1/6th of the amount of interest
(excluding Additional Interest) falling due and payable on all Outstanding Senior Bonds on the
next Interest Payment Date, adjusted to give credit for any other available moneys then in the
Interest Account or the Capitalized Interest Account, and further adjusted if necessary to assure
the timely accumulation of the required amount in approximately equal installments. To the
extent that any of the Senior Bonds bear interest at a Variable Rate, this requirement shall be
deemed satisfied with respect to such Senior Bonds if the installment paid into the Interest
Account in each month shall be sufficient to accumulate for such Senior Bonds an amount equal
to 1/6th of the Projected Senior Interest Payment multiplied by the number of months and
fractions of months expired since delivery of such Senior Bonds or the most recent Interest
Payment Date. Notwithstanding the foregoing, any Series Resolution that authorizes the
issuance of Additional Bonds which pay interest other than semiannually may establish a
different method of accumulating money in the Interest Account to pay interest on such
Additional Bonds, so long as such method provides for the accumulation, in equal installments of
no greater frequency than monthly, of sufficient funds to pay interest due on such Additional
Bonds on each Interest Payment Date established for such Additional Bonds. On and after the
date that no Prior Lien Bonds remain outstanding under the Prior Lien Resolution, the
Consolidated Government shall also deposit and continue to deposit all Hedge Receipts under
Senior Hedge Agreements in the Interest Account from time to time as and when received.
Moneys in the Interest Account shall be used solely to pay interest (excluding Additional
Interest) on the Senior Bonds when due.
(b) Hedge Payments Account. On or before each payment date for Hedge Payments
under Senior Hedge Agreements, the Consolidated Government shall deposit in the Hedge
Payments Account from moneys in the Revenue Fund, on and after the date that no Prior Lien
Bonds remain outstanding pursuant to the Prior Lien Resolution, an amount which, together with
any other moneys already on deposit therein and available to make such payment, is not less than
such Hedge Payments coming due on such payment date. In addition, on or before the 25th day
of each month, the Consolidated Government shall deposit in the Hedge Payments Account from
moneys in the Revenue Fund, on and after the date that no Prior Lien Bonds remain outstanding
under the Prior Lien Resolution, an amount which, together with an equal amount to be
deposited in each such month, if any, occurring prior to the next succeeding payment date for
Hedge Payments under Senior Hedge Agreements, will not be less than the amount of such
Attachment number 1 \nPage 45 of 98
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Hedge Payments to become due on such next succeeding payment date for such Hedge
Payments. No deposit pursuant to this subsection need be made to the extent that there is a
sufficient amount already on deposit in the Hedge Payments Account to pay such Hedge
Payments on each such payment date. Moneys in the Hedge Payments Account shall be used
solely to pay Hedge Payments under Senior Hedge Agreements when due.
(c) Principal Account. There shall be paid into the Principal Account monthly, on or
before the 25th day of the month, an installment equal to 1/12th of the principal amount falling
due and payable on all Outstanding Senior Bonds on the next Principal Maturity Date plus
whatever additional amounts may be necessary in equal monthly installments to accumulate in
the Principal Account the full principal amount falling due in such Fiscal Year. For purposes of
this requirement, the amount of principal falling due in any Fiscal Year shall include all amounts
of principal maturing during the Fiscal Year and all amounts of principal that are subject to
mandatory redemption during the Fiscal Year. Notwithstanding the foregoing, any Series
Resolution that authorizes the issuance of Additional Bonds which pay principal other than
annually may establish a different method of accumulating money in the Principal Account to
pay principal on such Additional Bonds, so long as such method provides for the accumulation,
in equal installments of no greater frequency than monthly, of sufficient funds to pay principal
on such Additional Bonds when due. Moneys in the Principal Account shall be used solely for
the payment of principal of the Senior Bonds as the same shall become due and payable at
maturity or upon redemption.
(d) Interest Account and Principal Account Generally. No further payments need be
made into the Interest Account or the Principal Account whenever the amount available in the
Interest Account and the Principal Account, if added to the amount then in the Debt Service
Reserve Account (without taking into account any amount available to be drawn on any Reserve
Account Credit Facility), is sufficient to retire all Senior Bonds then Outstanding and to pay all
unpaid interest accrued and to accrue prior to such retirement. No moneys in the Interest
Account or the Principal Account shall be used or applied to the optional purchase or redemption
of Senior Bonds prior to maturity unless: (i) provision shall have been made for the payment of
all of the Senior Bonds; or (ii) such moneys are applied to the purchase and cancellation of
Senior Bonds that are subject to mandatory redemption on the next mandatory redemption date,
which falls due within 12 months, such Senior Bonds are purchased at a price not more than
would be required for mandatory redemption, and such Senior Bonds are canceled upon
purchase; or (iii) such moneys are applied to the purchase and cancellation of Senior Bonds at a
price less than the amount of principal that would be payable on such Senior Bonds, together
with interest accrued through the date of purchase, and such Senior Bonds are canceled upon
purchase; or (iv) such moneys are in excess of the then required balance of the Interest Account
or the Principal Account and are applied to redeem a part of the Senior Bonds Outstanding on the
next succeeding redemption date for which the required notice of redemption may be given.
(e) Capitalized Interest Account. There shall be deposited into the Capitalized
Interest Account the amounts specified in Series Resolutions with respect to Additional Bonds.
Amounts deposited in the Capitalized Interest Account shall be applied to the payment of interest
on the Senior Bonds and shall be transferred to the Interest Account to pay interest on the Senior
Bonds or to reimburse any Credit Facility Issuer for amounts drawn on a Credit Facility for such
purposes. Such transferred amounts shall be limited to amounts necessary to enable the
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Consolidated Government to make all required deposits into the Interest Account, thereby
leaving sufficient Net Operating Revenues to enable the Consolidated Government to make all
required deposits to the other funds and accounts established under the Bond Resolution. Upon
filing with the Depository the certificate required by Section 4.5, all amounts then on deposit in
the Capitalized Interest Account shall be transferred to the Interest Account.
(f) Debt Service Reserve Account. Upon the issuance of the Series 2012 Bonds,
there shall be deposited into the Debt Service Reserve Account the amount specified in
Section 4.4. The balance of the Debt Service Reserve Account shall be maintained at an amount
equal to the Debt Service Reserve Requirement (or such lesser amount that is required to be
accumulated in the Debt Service Reserve Account in connection with the periodic accumulation
to the Debt Service Reserve Requirement upon the failure of the Consolidated Government to
provide a substitute Reserve Account Credit Facility in certain events). There shall be
transferred from the Revenue Fund on a pro rata basis (1) to the Debt Service Reserve Account
the amount necessary to restore the amount of cash and securities in the Debt Service Reserve
Account to an amount equal to the difference between (a) the Debt Service Reserve Requirement
(or such lesser monthly amount that is required to be deposited into the Debt Service Reserve
Account upon the failure of the Consolidated Government to provide a substitute Reserve
Account Credit Facility in certain events) and (b) the portion of the required balance of the Debt
Service Reserve Account satisfied by means of a Reserve Account Credit Facility, and (2) to any
Reserve Account Credit Facility Provider the amount necessary to reinstate any Reserve Account
Credit Facility that has been drawn down. Whenever for any reason the amount in the Interest
Account or the Principal Account is insufficient to pay all interest or principal falling due on the
Senior Bonds within the next seven days, the Consolidated Government shall make up any
deficiency by transfers from the Utility General Fund. Whenever, on the date that such interest
or principal is due, there are insufficient moneys in the Interest Account or the Principal Account
available to make such payment, the Consolidated Government shall, without further
instructions, apply so much as may be needed of the moneys in the Debt Service Reserve
Account to prevent default in the payment of such interest or principal, with priority to interest
payments for the Senior Bonds. Whenever by reason of any such application or otherwise the
amount remaining to the credit of the Debt Service Reserve Account is less than the amount then
required to be in the Debt Service Reserve Account, such deficiency shall be remedied by
monthly deposits from the Revenue Fund in accordance with the priority set forth in Section 5.3,
to the extent funds are available in the Revenue Fund for such purpose.
The Consolidated Government may elect to satisfy in whole or in part the Debt Service
Reserve Requirement by means of a Reserve Account Credit Facility, subject to the following
requirements: (A) the Reserve Account Credit Facility Provider must have a credit rating issued
by a Rating Agency not less than its second highest Rating; (B) the Consolidated Government
shall not secure any obligation to the Reserve Account Credit Facility Provider by a lien equal to
or superior to the lien granted to the related series of Senior Bonds; (C) each Reserve Account
Credit Facility shall have a term of at least one (1) year (or, if less, the remaining term of all
related series of Senior Bonds) and shall entitle the Consolidated Government to draw upon or
demand payment and receive the amount so requested in immediately available funds on the date
of such draw or demand; (D) the Reserve Account Credit Facility shall permit a drawing by the
Consolidated Government for the full stated amount in the event (i) the Reserve Account Credit
Facility expires or terminates for any reason prior to the final maturity of the related series of
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Senior Bonds, and (ii) the Consolidated Government fails to satisfy the Debt Service Reserve
Requirement by the deposit to the Debt Service Reserve Account of cash, securities, a substitute
Reserve Account Credit Facility, or any combination thereof, on or before the date of such
expiration or termination; (E) if the Rating issued by the Rating Agency to the Reserve Account
Credit Facility Provider is withdrawn or reduced below its second highest Rating, the
Consolidated Government shall provide a substitute Reserve Account Credit Facility within sixty
(60) days after such rating change, and, if no substitute Reserve Account Credit Facility is
obtained by such date, shall fund the Debt Service Reserve Requirement in not more than
twenty-four (24) equal monthly deposits commencing not later than the first day of the month
immediately succeeding the date representing the end of such sixty (60) day period; and (F) if the
Reserve Account Credit Facility Provider commences any insolvency proceedings or is
determined to be insolvent or fails to make payments when due on its obligations, the
Consolidated Government shall provide a substitute Reserve Account Credit Facility within sixty
(60) days thereafter, and, if no substitute Reserve Account Credit Facility is obtained by such
date, shall fund the Debt Service Reserve Requirement in not more than twenty-four (24) equal
monthly deposits commencing not later than the first day of the month immediately succeeding
the date representing the end of such sixty (60) day period. If the events described in either
clauses (E) or (F) above occur, the Consolidated Government shall not relinquish the Reserve
Account Credit Facility at issue until after the Debt Service Reserve Requirement is fully
satisfied by the provision of cash, securities, or a substitute Reserve Account Credit Facility or
any combination thereof. Any amount received from the Reserve Account Credit Facility shall
be deposited directly into the Interest Account and the Principal Account, and such deposit shall
constitute the application of amounts in the Debt Service Reserve Account. Repayment of any
draw-down on the Reserve Account Credit Facility (other than repayments that reinstate the
Reserve Account Credit Facility) and any interest or fees due the Reserve Account Credit
Facility Provider under such Reserve Account Credit Facility shall be secured by a lien on the
Pledged Revenues subordinate to payments into the Sinking Fund and the Rebate Fund and
payments to any Financial Facility Issuer securing Senior Bonds.
Any such Reserve Account Credit Facility shall be pledged to the benefit of the owners
of each series of Senior Bonds to which such Reserve Account Credit Facility relates. The
Consolidated Government reserves the right, if it deems it necessary in order to acquire such a
Reserve Account Credit Facility, to amend the Bond Resolution without the consent of any of the
owners of the Bonds in order to grant to the Reserve Account Credit Facility Provider such
additional rights as it may demand, provided that such amendment shall not, in the written
opinion of Bond Counsel filed with the Consolidated Government, impair or reduce the security
granted to the owners of Senior Bonds or any of them.
Section 5.5. Utility General Fund.
In addition to the deposits to be made to the Utility General Fund pursuant to Section 5.3,
the Consolidated Government shall deposit in the Utility General Fund all termination payments
received under any Hedge Agreements. So long as the Prior Lien Bonds are outstanding under
the Prior Lien Resolution, the Consolidated Government shall maintain at all times a minimum
balance in the Utility General Fund equal to the lesser of $2,500,000 or 5% of the Operating
Revenues of the System for the immediately preceding Fiscal Year. All sums accumulated and
retained in the Utility General Fund shall be used first to prevent default in the payment of
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interest on or principal of the Prior Lien Bonds and the Senior Bonds when due and then shall be
applied by the Consolidated Government from time to time, as and when the Consolidated
Government shall determine, to the following purposes:
(a) To the payment of Expenses of Operation and Maintenance, to the extent
moneys are not available for such purpose in the Revenue Fund, including, without
limitation, PILOT and PILOF payments;
(b) So long as any Prior Lien Bonds are outstanding, to the restoration of the
Sinking Fund No. 1 to the amount required at that time to be held therein;
(c) To the restoration of the Interest Account, the Principal Account, and on
and after the date the Prior Lien Bonds are no longer outstanding under the Prior Lien
Resolution, the Hedge Payments Account to the respective amounts required at that time
to be held therein;
(d) To the restoration of the Rebate Fund to the amount required at that time
to be held therein;
(e) To the payment of any and all amounts that may then be due and owing to
any Financial Facility Issuer securing Senior Bonds;
(f) To the restoration of the Debt Service Reserve Account (including the
reinstatement of any Reserve Account Credit Facility) to the amount required at that time
to be held therein;
(g) To the payment of any and all amounts that may then be due and owing to
any Reserve Account Credit Facility Provider;
(h) To prevent default in the payment of interest on or principal of the
Subordinate Bonds when due;
(i) To the restoration of the funds and accounts relating to Subordinate Bonds
to the respective amounts required at that time to be held therein;
(j) To the payment of all amounts required to be paid to any Financial
Facility Issuer securing Subordinate Bonds as compensation for the Financial Facility
securing Subordinate Bonds and as satisfaction of any other amounts due under the
Financial Facility Agreement.
(k) To the payment of any and all amounts that may then be due and owing
under any Hedge Agreement (including termination payments, fees, expenses, and
indemnity payments);
(l) To the payment of any and all governmental charges and assessments
against the System or any part thereof that may then be due and owing;
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(m) On and after the date the Prior Lien Bonds are no longer outstanding under
the Prior Lien Resolution, to the payment of any and all amounts that may then be due
and owing under any Other System Obligation;
(n) To make acquisitions, betterments, extensions, repairs, or replacements or
other capital improvements (including the purchase of equipment) to the System deemed
necessary by the Consolidated Government (including payments under contracts with
vendors, suppliers, and contractors for the foregoing purposes);
(o) On or after the date the Prior Lien Bonds are no longer outstanding under
the Prior Lien Resolution, at the option of the Consolidated Government, to the
acquisition of Senior Bonds by redemption or by purchase in the open market as provided
and in accordance with the terms and conditions of the Bond Resolution, which Senior
Bonds may be any of the Senior Bonds, prior to their respective maturities, and when so
used for such purposes the moneys shall be withdrawn from the Utility General Fund and
deposited into the Interest Account and the Principal Account for the Senior Bonds to be
so redeemed or purchased.
Section 5.6. Deposits and Security of Funds and Accounts.
All moneys in the funds and accounts established under the Bond Resolution shall be
held by the Consolidated Government in one or more Depositories qualified for use by the
Consolidated Government. Uninvested moneys shall, at least to the extent not guaranteed by the
Federal Deposit Insurance Corporation, be secured to the fullest extent required by the laws of
the State for the security of public funds.
Section 5.7. Investment of Funds and Accounts.
So long as any Prior Lien Bonds are outstanding, moneys in the Revenue Fund, the
Hedge Payments Fund and the Utility General Fund shall be invested as provided in the Prior
Lien Resolution. Subject to the immediately preceding sentence, moneys in the funds and
accounts established under the Bond Resolution shall be invested and reinvested in Permitted
Investments bearing interest at the highest rates reasonably available (except to the extent that a
restricted yield is required or advisable under Section 148 of the Code). Subject to the first
sentence of this Section 5.7, moneys in the Revenue Fund may be invested by the Consolidated
Government in Permitted Investments maturing not later than the date or dates on which such
moneys shall be required for the purposes intended. Moneys in the Interest Account and the
Capitalized Interest Account may be invested by the Consolidated Government in Permitted
Investments maturing or redeemable at the option of the holder prior to the next Interest Payment
Date, but whenever prior to any Interest Payment Date the aggregate of the available moneys in
such accounts exceeds the amount necessary to pay interest falling due on such Interest Payment
Date, such excess may be invested in Permitted Investments maturing or redeemable at the
option of the holder prior to the next following Interest Payment Date. Moneys in the Principal
Account may be invested by the Consolidated Government in Permitted Investments maturing or
redeemable at the option of the holder prior to the next Principal Maturity Date, but whenever
prior to any Principal Maturity Date the aggregate of the available moneys in such account
exceeds the amount necessary to pay principal falling due on such Principal Maturity Date, such
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excess may be invested in Permitted Investments maturing or redeemable at the option of the
holder prior to the next following Principal Maturity Date. Moneys in the Hedge Payments
Account may be invested by the Consolidated Government in Permitted Investments maturing or
redeemable at the option of the holder prior to the next due date of related Hedge Payments, but
whenever prior to any due date of related Hedge Payments the aggregate of the available moneys
in such account exceeds the amount necessary to pay related Hedge Payments falling due on
such date, such excess may be invested in Permitted Investments maturing or redeemable at the
option of the holder prior to the next following due date of related Hedge Payments. Moneys in
the Debt Service Reserve Account shall be invested by the Consolidated Government in
Permitted Investments that mature or are redeemable at the option of the holder within five years
from date of purchase. Subject to the first sentence of this Section 5.7, moneys in the Utility
General Fund may be invested by the Consolidated Government in Permitted Investments.
Whenever any moneys in the Debt Service Reserve Account or the Utility General Fund invested
as above provided are needed for the payment of currently maturing principal of or interest on
the Senior Bonds, the Consolidated Government shall cause such investments to be liquidated at
current market prices, to produce the amount required, without further instructions, and shall
cause the proceeds of such liquidation to be applied to the payment of such principal and interest.
Investment Earnings in each fund and account (except for those established pursuant to
Article XI) shall be allocated as follows:
(a) Investment Earnings from the investment of moneys of each account held
in the Sinking Fund (except for the Debt Service Reserve Account) shall be retained in
the account of the Sinking Fund to which such investments relate;
(b) Investment Earnings from the investment of moneys of each account held
in the Construction Fund shall be retained in the account of the Construction Fund to
which such investments relate;
(c) Investment Earnings from the investment of moneys in the Debt Service
Reserve Account shall be retained in the Debt Service Reserve Account at all times the
balance is less than the Debt Service Reserve Requirement; thereafter and at all times the
balance of the Debt Service Reserve Account is equal to or greater than the Debt Service
Reserve Requirement, such Investment Earnings shall be deposited in the Interest
Account;
(d) Investment Earnings from the investment of moneys in the Rebate Fund
shall be retained in the Rebate Fund;
(e) Investment Earnings from the investment of moneys in the Utility General
Fund shall be retained in the Utility General Fund; and
(f) Investment Earnings from the investment of moneys in the Revenue Fund
shall be retained in the Revenue Fund.
The Series Resolution authorizing the issuance of any Subordinate Bonds shall specify
any maturity limitations and allocations of Investment Earnings on investments of moneys in the
funds and accounts relating to such Subordinate Bonds.
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Moneys in each of such funds shall be accounted for as a separate and special fund apart
from all other Consolidated Government funds, provided that investments of moneys therein
may be made in a pool of investments together with other moneys of the Consolidated
Government so long as sufficient Permitted Investments in such pool, not allocated to other
investments of contractually or legally limited duration, are available to meet the requirements of
the foregoing provisions.
Section 5.8. Valuation of Investments.
All investments made under the Bond Resolution shall, for purposes of the Bond
Resolution, be valued at fair market value on each Interest Payment Date.
Section 5.9. Application of Excess in Sinking Fund.
Whenever at the end of each Fiscal Year the amount of moneys in any account of the
Sinking Fund exceeds the amount then currently required to be held therein, the excess shall be
transferred to the Revenue Fund.
Section 5.10. Disposition of Moneys After Payment of Bonds.
Any amounts remaining in any fund or account established under the Bond Resolution
after payment in full of the principal of, redemption premium, if any, and interest on the Bonds
(or after provision for payment thereof has been made), the fees, charges, and expenses of the
Paying Agent and Bond Registrar, all amounts owing to any Financial Facility Issuer, any
Reserve Account Credit Facility Provider, and any Qualified Hedge Provider, and all other
amounts required to be paid under the Bond Resolution (including amounts required to be paid
into the Rebate Fund), shall be promptly paid to the Consolidated Government.
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ARTICLE VI
ADDITIOAL BODS AD SUBORDIATE BODS
Section 6.1. o Prior Lien Bonds nor Additional Bonds Except as Permitted in the
Bond Resolution.
All Senior Bonds shall have complete parity of lien on the Pledged Revenues despite the
fact that any of the Senior Bonds may be delivered at an earlier date than any other of the Senior
Bonds. The Consolidated Government may issue Additional Bonds in accordance with the Bond
Resolution, and the Consolidated Government shall issue no other obligations of any kind or
nature payable from or enjoying a lien on the Pledged Revenues or any part thereof having
priority over or (except as permitted in the Bond Resolution) on a parity with the Series 2012
Bonds.
Section 6.2. Refunding Bonds.
Any or all of the Prior Lien Bonds and the Senior Bonds may be refunded in accordance
with their terms, or with the consent of the owners of such Prior Lien Bonds or such Senior
Bonds, and the refunding Bonds so issued shall constitute Additional Bonds, if:
(a) The Consolidated Government shall have executed a certificate: (i) setting
forth the aggregate amount of interest and principal of all Prior Lien Bonds and Senior
Bonds falling due during the then current Fiscal Year and for each subsequent Fiscal
Year to and including the Fiscal Year of the last maturity of any Prior Lien Bonds and
Senior Bonds then Outstanding (A) with respect to all Prior Lien Bonds and Senior
Bonds Outstanding immediately prior to the date of authentication and delivery of such
refunding Bonds and (B) with respect to all Prior Lien Bonds and Senior Bonds to be
Outstanding immediately thereafter; and (ii) demonstrating that the amount set forth for
each Fiscal Year pursuant to (i)(B) above is no greater than the amount set forth for such
Fiscal Year pursuant to (i)(A) above.
(b) As an alternative to, and in lieu of, satisfying the requirements of Section
6.2(a), all Outstanding Senior Bonds are being refunded under arrangements that
immediately result in making provision for the payment of the refunded Senior Bonds.
(c) The requirements of Section 6.3(d) and 6.3(f) are met with respect to such
refunding Bonds.
Section 6.3. Additional Bonds Generally.
Bonds (including refunding Bonds that do not meet the requirements of Section 6.2) may
also be issued on a parity with the Series 2012 Bonds pursuant to a Series Resolution, and the
Bonds so issued shall constitute Additional Bonds, if all of the following conditions are satisfied:
(a) Except in the case of Additional Bonds issued for refunding purposes
pursuant to Section 6.2, there shall have been procured and filed with the Consolidated
Government either:
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(i) a report by an Independent Certified Public Accountant to the
effect that the historical Net Operating Revenues and Investment Earnings
(excluding Investment Earnings, if any, on the Construction Fund) for a period of
12 consecutive months of the most recent 24 consecutive months prior to the
issuance of the proposed Additional Bonds were equal to at least 125% of the
maximum annual Debt Service Requirement on all Prior Lien Bonds and Senior
Bonds that will be Outstanding immediately after the issuance of the proposed
Additional Bonds, in the then current or any succeeding Fiscal Year, or
(ii) (1) a report by an Independent Certified Public Accountant to the
effect that the historical Net Operating Revenues and Investment Earnings
(excluding Investment Earnings, if any, on the Construction Fund) for a period of
12 consecutive months of the most recent 24 consecutive months prior to the
issuance of the proposed Additional Bonds were equal to at least 125% of the
historical Debt Service Requirement on all Prior Lien Bonds and Senior Bonds
that were Outstanding during such 12 month period, and
(2) a report by an Independent Consulting Engineer to the effect that
(A) the forecasted Net Operating Revenues and Investment Earnings (excluding
Investment Earnings, if any, on the Construction Fund) for the period beginning
on the expected date of issuance of the proposed Additional Bonds and ending on
the date of commencement of the Forecast Period are expected to equal at least
100% of the Debt Service Requirement during such period on all Prior Lien
Bonds and Senior Bonds that will be Outstanding immediately after the issuance
of the proposed Additional Bonds, after taking into account amounts deposited
into the Capitalized Interest Account, and (B) the forecasted Net Operating
Revenues and Investment Earnings (excluding Investment Earnings, if any, on the
Construction Fund) for each Fiscal Year in the Forecast Period are expected to
equal at least 125% of the maximum annual Debt Service Requirement on all
Prior Lien Bonds and Senior Bonds that will be Outstanding immediately after the
issuance of the proposed Additional Bonds, in the then current or any succeeding
Fiscal Year.
The reports by the Independent Certified Public Accountant that are
required by this Section 6.3(a) may contain pro forma adjustments to historical
Net Operating Revenues equal to 100% of the increased annual amount
attributable to any revision in the schedule of rates, fees, and charges for the
services, facilities, and commodities furnished by the System, imposed prior to
the date of delivery of the proposed Additional Bonds and not fully reflected in
the historical Net Operating Revenues actually received during such 12-month
period. Such pro forma adjustments shall be based upon a report of an
Independent Consulting Engineer as to the amount of Operating Revenues that
would have been received during such 12-month period had the new rate schedule
been in effect throughout such 12-month period.
The report by the Independent Consulting Engineer that is required by
Section 6.3(a)(ii)(2) may not take into consideration any rate schedule to be
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imposed in the future, unless such rate schedule has been adopted by resolution of
the Commission. Such rate schedule adopted by resolution may contain,
however, future effective dates.
(b) The Consolidated Government shall have received, at or before issuance
of the Additional Bonds, a report from an Independent Certified Public Accountant to the
effect that the payments required to be made into each account of the Sinking Fund have
been made and the balance in each account of the Sinking Fund is not less than the
balance required by the Bond Resolution as of the date of issuance of the proposed
Additional Bonds.
(c) The Series Resolution authorizing the proposed Additional Bonds must
require the proceeds of such proposed Additional Bonds to be used to make capital
improvements to the System, to fund interest on the proposed Additional Bonds, to
acquire existing or proposed water or sewer utilities, to refund other obligations issued
for such purposes (whether or not such refunding Bonds satisfy the requirements of
Section 6.2), and to pay expenses incidental thereto and to the issuance of the proposed
Additional Bonds.
(d) If any Additional Bonds would bear interest at a Variable Rate, the Series
Resolution under which such Additional Bonds are issued shall provide a maximum rate
of interest per annum that such Additional Bonds may bear.
(e) The Administrator of the Consolidated Government and the Director of
the Utilities Department of the Consolidated Government shall have certified, by written
certificate dated as of the date of issuance of the Additional Bonds, that the Consolidated
Government is in compliance with all requirements of the Bond Resolution.
(f) The Consolidated Government shall have received an opinion of Bond
Counsel, dated as of the date of issuance of the Additional Bonds, to the effect that the
Series Resolution and any related Supplemental Resolution authorizing the issuance of
Additional Bonds have been duly adopted by the Consolidated Government.
Section 6.4. Subordinate Bonds.
(a) Bonds may also be issued on a subordinate basis with respect to the Senior Bonds
pursuant to a Series Resolution, payable from moneys that would otherwise be deposited in the
Utility General Fund, and the Bonds so issued shall constitute Subordinate Bonds, if all of the
following conditions are satisfied:
(1) The Series Resolution authorizing the Subordinate Bonds shall provide
that such Subordinate Bonds shall be junior and subordinate in lien and right of payment
to all Senior Bonds Outstanding at any time.
(2) The Series Resolution authorizing the Subordinate Bonds shall establish
funds and accounts for the moneys that would otherwise be deposited in the Utility
General Fund, to be used to pay debt service on the Subordinate Bonds, to pay Hedge
Payments under Subordinate Hedge Agreements or and after the date that the Prior Lien
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Bonds are no longer outstanding under the Prior Lien Resolution, and to provide reserves
therefor.
(3) The requirements of Section 6.3(c), 6.3(d), and 6.3(f) are met with respect
to such Subordinate Bonds (as if such Bonds constituted Additional Bonds).
(b) In the event of any insolvency or bankruptcy proceedings, and any receivership,
liquidation, reorganization, or other similar proceedings in connection therewith, relative to the
Consolidated Government or to its creditors, as such, or to its property, and in the event of any
proceedings for voluntary liquidation, dissolution, or other winding up of the Consolidated
Government, whether or not involving insolvency or bankruptcy, the owners of all Senior Bonds
then Outstanding and related Qualified Hedge Providers shall be entitled to receive payment in
full of all principal and interest due on all such Senior Bonds in accordance with the provisions
of the Bond Resolution and related Hedge Payments in accordance with the provisions of the
Senior Hedge Agreements before the owners of the Subordinate Bonds or related Qualified
Hedge Providers are entitled to receive any payment from the Pledged Revenues or the amounts
held in the funds and accounts created under the Bond Resolution on account of principal of,
premium, if any, or interest on the Subordinate Bonds or Hedge Payments under Subordinate
Hedge Agreements.
(c) In the event that any of the Subordinate Bonds are declared due and payable
before their expressed maturities because of the occurrence of an event of default (under
circumstances when the provisions of paragraph (b) shall not be applicable), the owners of all
Senior Bonds Outstanding and related Qualified Hedge Providers at the time such Subordinate
Bonds so become due and payable because of the occurrence of such an event of default shall be
entitled to receive payment in full of all principal and interest on all such Senior Bonds and all
Hedge Payments under related Senior Hedge Agreements before the owners of the Subordinate
Bonds or related Qualified Hedge Providers are entitled to receive any accelerated payment from
the Pledged Revenues or the amounts held in the funds and accounts created under the Bond
Resolution of principal of, premium, if any, or interest on the Subordinate Bonds or Hedge
Payments under Subordinate Hedge Agreements.
(d) If any Event of Default shall have occurred and be continuing (under
circumstances when the provisions of paragraph (b) shall not be applicable), the owners of all
Senior Bonds then Outstanding and related Qualified Hedge Providers shall be entitled to receive
payment in full of all principal and interest then due on all such Senior Bonds and all Hedge
Payments under related Senior Hedge Agreements before the owners of the Subordinate Bonds
or related Qualified Hedge Providers are entitled to receive any payment from the Pledged
Revenues or the amounts held in the funds and accounts created under the Bond Resolution of
principal of, premium, if any, or interest on the Subordinate Bonds or Hedge Payments under
Subordinate Hedge Agreements.
(e) No owner of Senior Bonds or any related Qualified Hedge Provider shall be
prejudiced in its right to enforce subordination of the Subordinate Bonds and Subordinate Hedge
Agreements by any act or failure to act on the part of the Consolidated Government.
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(f) The obligations of the Consolidated Government to pay to the owners of the
Subordinate Bonds the principal of, premium, if any, and interest thereon in accordance with
their terms and to pay to related Qualified Hedge Providers Hedge Payments in accordance with
the terms of the Subordinate Hedge Agreements shall be unconditional and absolute. Nothing in
the Bond Resolution shall prevent the owners of the Subordinate Bonds or related Qualified
Hedge Providers from exercising all remedies otherwise permitted by applicable law or under the
Bond Resolution or the Subordinate Hedge Agreements upon default thereunder, subject to the
rights contained in the Bond Resolution of the owners of Senior Bonds and related Qualified
Hedge Providers to receive cash, property, or securities otherwise payable or deliverable to the
owners of the Subordinate Bonds and related Qualified Hedge Providers, and any Series
Resolution authorizing Subordinate Bonds may provide that, insofar as a trustee or paying agent
for the Subordinate Bonds is concerned, the foregoing provisions shall not prevent the
application by such trustee or paying agent of any moneys deposited with such trustee or paying
agent for the purpose of the payment of or on account of the principal of, premium, if any, and
interest on such Subordinate Bonds and Hedge Payments under Subordinate Hedge Agreements
if such trustee or paying agent did not have knowledge at the time of such application that such
payment was prohibited by the foregoing provisions.
(g) Any series of Subordinate Bonds and related Subordinate Hedge Agreements may
have such rank or priority with respect to any other series of Subordinate Bonds and related
Subordinate Hedge Agreements as may be provided in the Series Resolution authorizing such
series of Subordinate Bonds and may contain such other provisions as are not in conflict with the
provisions of the Bond Resolution.
Section 6.5. Accession of Subordinate Bonds and related Subordinate Hedge
Agreements to Parity Status.
By proceedings authorizing Subordinate Bonds, the Consolidated Government may
provide for the accession of such Subordinate Bonds and related Subordinate Hedge Agreements
to the status of complete parity with the Senior Bonds and related Senior Hedge Agreements if,
as of the date of accession, the conditions of Section 6.3(a)(i) and 6.3(f) are satisfied, on a basis
that includes all Outstanding Senior Bonds and such Subordinate Bonds, and if on the date of
accession:
(a) the Debt Service Reserve Account contains an amount equal to the Debt
Service Reserve Requirement; and
(b) the Interest Account, the Principal Account, and the Hedge Payments
Account contain the amounts that would have been required to be accumulated therein on
the date of accession if the Subordinate Bonds had originally been issued as Additional
Bonds.
Section 6.6. Adoption of Proceedings and Validation.
The Consolidated Government shall adopt a Series Resolution authorizing the issuance of
any additional Bonds and reciting that the requirements of this Article have been satisfied, and
shall set forth in such proceedings, among other things, the date or dates such additional Bonds
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shall bear and the rate or rates of interest, interest payment date or dates, maturity date or dates,
and redemption provisions with respect to such additional Bonds and any other matters
applicable to such additional Bonds as the Consolidated Government may deem advisable.
Any such Series Resolution shall restate and reaffirm, by reference, all of the applicable
terms, conditions, and provisions of the Bond Resolution not modified by the Series Resolution.
All additional Bonds, any Series Resolution providing for additional Bonds, and all
proceedings relative thereto and the security therefor shall be validated as then prescribed by
law.
Section 6.7. Proceedings Authorizing Additional Bonds.
No Series Resolution authorizing the issuance of additional Bonds as permitted under this
Article shall conflict with the terms and conditions of the Bond Resolution, except to the extent
that the Series Resolution is adopted for one of the purposes set forth in Section 12.1 and
complies with the provisions of Section 12.1 for the adoption of Supplemental Resolutions
without the consent of Bondholders.
Section 6.8. Applicability to Additional Bonds.
The provisions of the Bond Resolution shall be construed as including and being
applicable to any future series of Bonds, and any such Bonds shall be treated, unless otherwise
specifically stated, just as if they had been issued together with the Series 2012 Bonds and
pursuant to the terms of this Master Bond Resolution.
Section 6.9. Financial Facilities and Hedge Agreements.
(a) In connection with the issuance of any Bonds under the Bond Resolution, the
Consolidated Government may obtain or cause to be obtained one or more Financial Facilities
providing for payment of all or a portion of the principal of, premium, if any, or interest due or to
become due on such Bonds, providing for the purchase of such Bonds by the Financial Facility
Issuer, or providing funds for the purchase of such Bonds by the Consolidated Government. In
connection therewith the Consolidated Government shall enter into Financial Facility
Agreements with such Financial Facility Issuers providing for, among other things, (i) the
payment of fees and expenses to such Financial Facility Issuers for the issuance of such
Financial Facilities; (ii) the terms and conditions of such Financial Facilities and the Bonds
affected thereby; and (iii) the security, if any, to be provided for the issuance of such Financial
Facilities. The Consolidated Government may secure any Financial Facility by an agreement
providing for the purchase of the Bonds secured thereby with such adjustments to the rate of
interest, method of determining interest, maturity, or redemption provisions as are specified by
the Consolidated Government in the applicable Series Resolution. The Consolidated
Government may in a Financial Facility Agreement agree to directly reimburse such Financial
Facility Issuer for amounts paid under the terms of such Financial Facility, together with interest
thereon; provided, however, that no Reimbursement Obligation shall be created for purposes of
the Bond Resolution until amounts are paid under such Financial Facility. Any such
Reimbursement Obligation shall be deemed to be a part of the Bonds to which the Financial
Facility relates that gave rise to such Reimbursement Obligation, and references to principal and
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interest payments with respect to such Bonds shall include principal and interest (except for
Additional Interest and principal amortization requirements with respect to the Reimbursement
Obligation that are more accelerated than the amortization requirements for the related Bonds,
without acceleration) due on the Reimbursement Obligation incurred as a result of payment of
such Bonds with the Financial Facility. All other amounts payable under the Financial Facility
Agreement (including any Additional Interest and principal amortization requirements with
respect to the Reimbursement Obligation that are more accelerated than the amortization
requirements for the related Bonds, without acceleration) shall be fully subordinate to the
payment of debt service on the related class of Bonds. Any such Financial Facility shall be for
the benefit of and secure such Bonds or portion thereof as specified in the applicable Series
Resolution.
(b) In connection with the issuance of any Bonds or at any time thereafter so long as
such Bonds remain Outstanding, the Consolidated Government may enter into Hedge
Agreements with Qualified Hedge Providers, and no other providers, with respect to any Bonds.
The Consolidated Government shall authorize the execution, delivery, and performance of each
Hedge Agreement in a Supplemental Resolution, in which it shall designate the related Hedged
Bonds. On and after the date that no Prior Lien Bonds are outstanding under the Prior Lien
Resolution, the Consolidated Government’s obligation to pay Hedge Payments may be secured
by a pledge of, and lien on, the Pledged Revenues on a parity with the lien created by Section 5.1
to secure the related Hedged Bonds, or may be subordinated in lien and right of payment to the
payment of the Bonds, as determined by the Consolidated Government.
Section 6.10. Other Obligations.
The Consolidated Government expressly reserves the right, at any time, to adopt one or
more other bond resolutions and reserves the right, at any time, to issue any Other System
Obligations not secured by the amounts pledged under the Bond Resolution.
Section 6.11. Abrogation of Right to Issue Bonds under the Prior Lien Resolution.
Notwithstanding anything in the Prior Lien Resolution to the contrary, the Consolidated
Government agrees that it will not issue any additional bonds or obligations of any kind under
the Prior Lien Resolution. Accordingly, no obligations of the Consolidated Government shall be
secured by the Prior Lien Resolution, except for the Prior Lien Bonds.
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ARTICLE VII
DEPOSITORIES OF MOEYS AD SECURITIES FOR DEPOSITS
Section 7.1. Depository; Security for Deposits.
(a) All moneys received by the Consolidated Government under the terms hereof
shall, subject to the giving of security as hereinafter provided, be deposited with the proper
Depository in the name of the Consolidated Government. All moneys deposited under the
provisions hereof shall be deposited in banks insured by the Federal Deposit Insurance
Corporation, or any successor thereto, and such moneys shall be applied in accordance with the
terms and for the purposes set forth in this Bond Resolution and shall not be subject to lien or
attachment or any type of security interest by any creditor of the Consolidated Government.
(b) No moneys belonging to any of the Funds shall be deposited or remain on deposit
and uninvested with any Depository in an amount in excess of the amount guaranteed by the
Federal Deposit Insurance Corporation, or any successor thereto, unless such institution shall
have pledged for the benefit of the Consolidated Government and the owners of the Bonds as
collateral security for the moneys deposited direct obligations of or obligations the principal and
interest of which are unconditionally guaranteed by the United States of America, or other
marketable securities eligible as security for the deposit of trust funds under regulations of the
Board of Governors of the Federal Reserve System and having a market value (exclusive of
accrued interest) at least equal to the amount of such deposits.
(c) In the event the Depository of the Sinking Fund and the Paying Agent for all
Bonds then outstanding is the same bank acting in both capacities, then said Depository of the
Sinking Fund shall, without any further direction on the part of or any further authorization from
the Consolidated Government, use and disburse the moneys in the Sinking Fund as provided in
this Bond Resolution; except that, if, as provided under Article III, it redeems or buys any Bonds
with moneys in the Sinking Fund, then proper authorization and direction from the Consolidated
Government shall be furnished for such use and disbursement.
Section 7.2. Successor Custodians and Depositories.
The Consolidated Government may, from time to time, designate a successor Depository
provided said custodians and depositories comply with all of the provisions of this Article and
the applicable provisions of the Bond Resolution.
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ARTICLE VIII
GEERAL PROVISIOS
Section 8.1. Rate Covenant.
The Consolidated Government shall continuously own, control, operate, and maintain the
System in an efficient and economical manner and on a revenue producing basis and shall
prescribe, fix, maintain, and collect rates, fees, and other charges for the services, facilities, and
commodities furnished by the System fully sufficient to:
(a) provide for 100% of the Expenses of Operation and Maintenance and for
the accumulation in the Revenue Fund of a reasonable reserve therefor to the extent
required by the Bond Resolution; and
(b) produce Net Operating Revenues in each Fiscal Year that (together with
Investment Earnings, other than Investment Earnings on the Construction Fund):
(i) will equal at least 110% of the Debt Service Requirement on all
Prior Lien Bonds and Senior Bonds then Outstanding for the year of computation
and 100% of the Debt Service Requirement on all Subordinate Bonds then
Outstanding for the year of computation;
(ii) will enable the Consolidated Government to make all required
payments, if any, into the debt service reserve account created under the Prior
Lien Resolution, the Debt Service Reserve Account and the Rebate Fund and to
any Financial Facility Issuer, any Reserve Account Credit Facility Provider, and
any Qualified Hedge Provider;
(iii) will enable the Consolidated Government to accumulate an amount
to be held in the Utility General Fund as required by the Bond Resolution, and
such greater amount which in the judgment of the Consolidated Government is
adequate to meet the costs of major renewals, replacements, repairs, additions,
betterments, and improvements to the System, necessary to keep the same in good
operating condition or as is required by any governmental agency having
jurisdiction over the System; and
(iv) will remedy all deficiencies in required payments into any of the
funds and accounts mentioned in the Bond Resolution from prior Fiscal Years.
If the Consolidated Government fails to prescribe, fix, maintain, and collect rates, fees,
and other charges, or to revise such rates, fees, and other charges, in accordance with the
provisions of this Section, the owners of not less than 25% in aggregate principal amount of the
Senior Bonds then Outstanding, without regard to whether any Event of Default shall have
occurred, may institute and prosecute in any court of competent jurisdiction an appropriate action
to compel the Consolidated Government to prescribe, fix, maintain, or collect such rates, fees,
and other charges, or to revise such rates, fees, and other charges, in accordance with the
requirements of this Section.
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The rates, fees, and other charges shall be classified in a reasonable manner to cover
users of the services and facilities furnished by the System so that, as nearly as practicable, such
rates, fees, and other charges shall be uniform in application to all users falling within any
reasonable class. No free services shall at any time be furnished from the System. All service
shall be on a metered basis except public parks, fire hydrants, and fire sprinklers. All services
shall be furnished in accordance with rates now or hereafter established.
Section 8.2. Maintenance of the System in Good Condition.
The Consolidated Government covenants that it has and will continue to enforce
reasonable rules and regulations governing the System and the operation thereof, that all
compensation, salaries, fees, and wages paid by it in connection with the operation, maintenance,
and repair of the System will be reasonable, and that no more persons will be employed by it
than are necessary, that it will operate the System in an efficient and economical manner and will
at all times maintain the System in good repair and in sound operating condition, that it will
make all necessary repairs, renewals, and replacements to the System, and that it will comply
with all valid acts, rules, regulations, orders, and directions of any legislative, executive,
administrative, or judicial body applicable to the System and the Consolidated Government’s
operation thereof.
Section 8.3. Insurance.
So long as any Prior Lien Bonds are outstanding, the Consolidated Government will
maintain insurance coverage with respect to the System and proceeds of such insurance shall be
applied as provided in the Prior Lien Resolution. With respect to the System, the Consolidated
Government will carry adequate public liability, fidelity, and property insurance, such as is
maintained by similar utilities as the System, including but not limited to the following:
(a) comprehensive general liability insurance on an occurrence or claims
made basis with limits of at least $__________ per occurrence; and
(b) the following properties will at all times be insured to the full insurable
value thereof with a responsible insurance company or companies, authorized and
qualified under the laws of the State to assume the risks thereof against loss or damage
from the following causes: (i) all buildings and all machinery and equipment therein
against loss or damage by fire, lightning, tornado, winds, and explosions; and (ii) all other
property against loss or damage by fire or lightning if the same is not fireproof, and
against loss or damage from other causes customarily insured against by similar utilities
of like size; and
(c) fidelity bonds or policies covering all agents, employees, and officials of
the Consolidated Government whose duties involve the receipt, custody, investment, or
disbursement of Operating Revenues, Investment Earnings, Hedge Receipts, or other
Pledged Revenues, including proceeds from the sale of Bonds, in an amount not less than
the greatest amount reasonably anticipated to be within the custody or control of such
officer, agent, or employee at one time.
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The Consolidated Government shall indemnify itself against the usual hazards incident to
the construction of any Project, and without in any way limiting the generality of the above,
shall: (a) require each construction contractor and each subcontractor to furnish a bond, or
bonds, of such type and in amounts adequate to assure the faithful performance of their contracts
and the payment of all bills and claims for labor and material arising by virtue of such contracts;
and (b) require each construction contractor or the subcontractor to maintain at all times until the
completion and acceptance of the Project adequate compensation insurance for all of their
employees and adequate public liability and property damage insurance for the full and complete
protection of the Consolidated Government from any and all claims of every kind and character
that may arise by virtue of the operations under their contracts, whether such operations be by
themselves or by anyone directly or indirectly for them, or under their control.
All such policies shall be for the benefit of and made payable to the Consolidated
Government and shall be on deposit with the Consolidated Government; provided, however, the
Consolidated Government may elect to be a self-insurer with respect to any risks for which
insurance is required under this Section 8.3. The cost of such insurance may be paid as an
Expense of Operation and Maintenance.
All moneys received for losses under any such insurance policies, except public liability
policies, are hereby pledged by the Consolidated Government as security for the Bonds until and
unless such proceeds are paid out in making good the loss or damage in respect of which such
proceeds are received, either by repairing the property damaged or replacing the property
destroyed or by depositing the same in the Utility General Fund. Adequate provision for making
good such loss and damage shall be made within 120 days from the date of the loss. Insurance
proceeds not used in making such provision shall be deposited in the Utility General Fund on the
expiration of such 120-day period. Such insurance proceeds shall be payable to the Consolidated
Government by appropriate clause to be attached to or inserted in the policies.
Section 8.4. o Sale, Lease, or Encumbrance; Exceptions.
Except as expressly permitted in the Prior Lien Resolution (so long as any Prior Lien
Bonds are outstanding) and the Bond Resolution, the Consolidated Government irrevocably
covenants, binds, and obligates itself not to sell, lease, encumber, or in any manner dispose of the
System as a whole or in part until all of the Bonds and all interest thereon shall have been paid in
full or provision for payment has been made in accordance with Article XI.
Subject to the restrictions relating to the sale of the System contained in Article VII,
Section 7 of the Prior Lien Resolution (so long as any Prior Lien Bonds are outstanding), the
Consolidated Government shall have and hereby reserves the right to sell, lease, or otherwise
dispose of any of the property comprising a part of the System in the following manner, if any
one of the following conditions exists: (i) such property is not necessary for the operation of the
System; (ii) such property is not useful in the operation of the System; (iii) such property is not
profitable in the operation of the System; or (iv) the disposition of such property will be
advantageous to the System and will not adversely affect the security for the Bondholders. All
proceeds of any such sale shall be deposited in the Utility General Fund.
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In addition, subject to the restrictions relating to the sale of the System contained in
Article VII, Section 7 of the Prior Lien Resolution (so long as any Prior Lien Bonds are
outstanding), the Consolidated Government reserves the right to sell or transfer any portion of
the System to any political subdivision or authority or agency of one or more political
subdivisions of the State, provided that there shall be first filed with the Consolidated
Government: (i) an opinion of Bond Counsel to the effect that such sale will not adversely affect
the extent to which interest on any Tax-Exempt Bonds is excluded from gross income for federal
income tax purposes; and (ii) an opinion of an Independent Consulting Engineer expressing the
view that such sale will not result in any diminution of Pledged Revenues to the extent that in
any future Fiscal Year the Pledged Revenues will be less than 125% of the maximum annual
Debt Service Requirement on all Prior Lien Bonds and all Senior Bonds to be Outstanding after
such sale, in the then current or any succeeding Fiscal Year. In reaching this conclusion, the
Independent Consulting Engineer shall take into consideration such factors as the Independent
Consulting Engineer may deem significant, including (i) anticipated diminution of Operating
Revenues, (ii) anticipated increase or decrease in Expenses of Operation and Maintenance
attributable to the sale, and (iii) reduction in the annual Debt Service Requirement attributable to
the application of the sale proceeds to the provision for payment of Bonds theretofore
Outstanding. Such sale may include a partial interest in a water or sewer facility owned or to be
owned in whole or in part by the Consolidated Government. All proceeds of any such sale shall
be deposited in the Utility General Fund.
Subject to the restrictions related to the sale of the System contained in Article VII,
Section 7 of the Prior Lien Resolution (so long as any Prior Lien Bonds are outstanding), the
Consolidated Government reserves the right to transfer the System as a whole to any political
subdivision or authority or agency of one or more political subdivisions of the State to which
may be delegated the legal authority to own and operate the System, or any portion thereof, on
behalf of the public, and which undertakes in writing, filed with the Consolidated Government,
the Consolidated Government’s obligations under the Bond Resolution, provided that there shall
be first filed with the Consolidated Government: (i) an opinion of Bond Counsel to the effect
that such sale will not adversely affect the extent to which interest on any Tax Exempt Bonds is
excludable from gross income for federal income tax purposes; and (ii) an opinion of an
Independent Consulting Engineer expressing the view that such transfer will not result in any
diminution of Pledged Revenues to the extent that in any future Fiscal Year the Pledged
Revenues will be less than 125% of the maximum annual Debt Service Requirement on all Prior
Lien Bonds and Senior Bonds to be Outstanding after such sale, in the then current or any
succeeding Fiscal Year. In reaching this conclusion, the Independent Consulting Engineer shall
take into consideration such factors as the Independent Consulting Engineer may deem
significant, including any rate schedule to be imposed by the transferee political subdivision,
authority, or agency.
Section 8.5. Books, Records, and Accounts.
The Consolidated Government shall, after the close of each Fiscal Year, cause the books,
records, and accounts of the System to be properly audited by an Independent Certified Public
Accountant and shall require such Independent Certified Public Accountant to complete its
report within 180 days after the close of the Fiscal Year. The audit report shall cover, but shall
not be limited to, a balance sheet, an income statement, a cash flow statement, and any other
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statement required by law or accounting convention, and a report by such Independent Certified
Public Accountant disclosing any material financial default on the part of the Consolidated
Government in the performance of any covenant in the Bond Resolution. A copy of such annual
audit report shall be made available to any Bondholder, Financial Facility Issuer, Qualified
Hedge Provider, or Reserve Account Credit Facility Provider on request.
Section 8.6. Rights of Inspection.
The owner or owners of $1,000,000 or more in aggregate principal amount of Bonds, any
Financial Facility Issuer, any Qualified Hedge Provider, or any Reserve Account Credit Facility
Provider shall have the right at all reasonable times to inspect the System and all records,
accounts, and data of the Consolidated Government relating thereto. Upon request the
Consolidated Government will furnish to such persons such financial statements and other
available information relating to the Consolidated Government and the System as such persons
may from time to time reasonably require.
Section 8.7. o Impairment of Rights.
The Consolidated Government shall not enter into any contract or contracts, nor take any
action, the results of which might materially impair the rights of the Bondholders.
Section 8.8. Satisfaction of Liens.
The Consolidated Government will from time to time duly pay and discharge or cause to
be paid and discharged all taxes, assessments, and other governmental charges, if any, lawfully
imposed upon the System or any part thereof or upon the Pledged Revenues, as well as any
lawful claims for labor, materials, or supplies that if unpaid might by law become a lien or
charge upon the System or the Pledged Revenues or any part thereof or that might impair the
security of the Bonds, except when the Consolidated Government in good faith contests its
liability to pay the same.
Section 8.9. Compulsory Sewer Connections.
In consideration of the purchase of the Bonds and in order better to secure the prompt
payment of principal and interest thereon, as well as for the purpose of protecting the health and
welfare of the inhabitants of the Consolidated Government, and acting under authority of the
general laws of the State, the Consolidated Government will, to the extent permitted by law, and
to the extent not prevented by physical impediments or inadequate capacity of the System,
require every owner of each lot and parcel of land in the jurisdiction which is served by the
Consolidated Government and which abuts upon any street or public way containing a sewage
line forming a part of the System and upon which lot a building shall subsequently be
constructed for residential, commercial, or industrial use, to connect such building to such
sewage line and to refrain from using any other method for the disposal of sewage.
Section 8.10. Enforcement of Charges and Connections.
The Consolidated Government shall compel the prompt payment of rates, fees, and
charges imposed for service rendered on every lot or parcel connected with the System, and to
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that end will vigorously enforce all of the provisions of any resolution or ordinance of the
Consolidated Government having to do with water and sewer connections and with water and
sewer charges, and all of the rights and remedies permitted the Consolidated Government under
law. The Consolidated Government by this Section expressly covenants and agrees that such
charges will be enforced and promptly collected to the full extent permitted by law, including the
requirement for the making of reasonable deposits by customers of the System to the extent
required by the Consolidated Government and the securing of injunctions against the disposition
of sewage or industrial waste into the System by any premises delinquent in the payment of such
charges.
Section 8.11. Payments.
All payments falling due on the Bonds for principal and interest shall be made by the
Consolidated Government from the Pledged Revenues or, at the Consolidated Government’s
option, other legally available revenues to the owners thereof when due in full, and all reasonable
and authorized charges made by the Bond Registrar and any Paying Agent shall be paid by the
Consolidated Government when due.
Section 8.12. o Loss of Lien on Revenues.
The Consolidated Government shall not do, or omit to do, or permit to be done or to be
omitted any matter or thing whatsoever whereby the lien of the Bond Resolution on the Pledged
Revenues or any part thereof might or could be lost or impaired.
Section 8.13. Annual Budget.
The Consolidated Government agrees to adopt an Annual Budget for the System for each
Fiscal Year in compliance with the rate covenants as stated in Section 8.1.
Section 8.14. Tax Provisions.
The Consolidated Government recognizes that the purchasers and owners of Tax-Exempt
Bonds will have accepted the Tax-Exempt Bonds on, and paid for the Tax-Exempt Bonds a price
that reflects, the understanding that interest on such Tax-Exempt Bonds is not included in the
gross income of the owners for federal income tax purposes under laws in force at the time the
Tax-Exempt Bonds shall have been delivered.
The Consolidated Government shall take any and all action that may be required from
time to time in order to assure that interest on the Tax-Exempt Bonds shall remain excludable
from the gross income of the owners of the Tax-Exempt Bonds for federal income tax purposes
and shall refrain from taking any action that would adversely affect such status.
Prior to or contemporaneously with delivery of each series of Tax-Exempt Bonds, the
Mayor and the Clerk of the Commission shall execute a certificate as to arbitrage matters on
behalf of the Consolidated Government respecting the investment of the proceeds of such series
of Tax-Exempt Bonds. Such certificate shall be a representation and certification of the
Consolidated Government, and an executed copy thereof shall be delivered to the Bond
Registrar. The Consolidated Government shall not knowingly invest or participate in the
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investment of any moneys held under the Bond Resolution if such investment would cause
interest on any Tax-Exempt Bonds to become included in gross income for federal income tax
purposes.
The Mayor or the Clerk of the Commission may also execute and deliver, on behalf of
the Consolidated Government: (i) such agreements, filings, and other writings as may be
necessary or desirable to cause or bind the Consolidated Government to comply with any
requirements for rebate under Section 148(f) of the Code, or (ii) such certificate or other writing
as may be necessary or desirable to qualify for exemption from such rebate requirements.
The Consolidated Government shall calculate, from time to time, as required in order to
comply with the provisions of Section 148(f) of the Code, the amounts required to be rebated
(including penalties) to the United States and shall deposit or cause to be deposited into the
Rebate Fund any and all of such amounts promptly following a determination of any such
amount.
The Consolidated Government shall direct the Depository of the Rebate Fund to keep all
moneys held therein invested in Permitted Investments. To the extent and at the times required
in order to comply with Section 148(f) of the Code, the Consolidated Government may withdraw
funds from the Rebate Fund for the purpose of making rebate payments (including penalties) to
the United States as required by Section 148(f) of the Code. Except as otherwise specifically
provided in this Section, moneys in the Rebate Fund may not be withdrawn from the Rebate
Fund for any other purpose.
All earnings on investments held in any account of the Rebate Fund shall be retained in
such account of the Rebate Fund and shall become part of such account of the Rebate Fund.
Moneys held in the Rebate Fund, including the investment earnings thereon, if any, shall not be
subject to a pledge in favor of the owners of the Bonds under the Bond Resolution and may not
be used to pay amounts due on the Bonds or under any Financial Facility Agreements or Hedge
Agreements or amounts required for the operation, maintenance, enlargement, or extension of
the System.
The Consolidated Government shall have the right to create special accounts, from time
to time, in the Rebate Fund as it may deem desirable.
If the Consolidated Government shall deliver to the Depository of the Rebate Fund a
certificate, signed by an officer of the Consolidated Government, certifying that the Consolidated
Government has filed all reports required to be filed with the United States pursuant to Section
148(f) of the Code and has made all payments required to be made to the United States pursuant
to Section 148(f) of the Code, then the Depository of the Rebate Fund shall transfer to, or upon
the order of, the Consolidated Government all moneys or investments remaining in the Rebate
Fund, and such moneys and investments may be used by the Consolidated Government for any
lawful purpose permitted by the Bond Resolution.
The Consolidated Government may employ any rebate analyst or other expert to perform
any of the Consolidated Government’s duties with respect to the Rebate Fund, other than
payment of moneys into the Rebate Fund.
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The Consolidated Government hereby covenants and agrees that it will not use or permit
any use of the proceeds of the sale of any Tax-Exempt Bonds, or any other moneys arising out of
the ownership or operation of the System or otherwise, or use or permit the use of any of the
facilities being financed or refinanced thereby or any other portion of the System, which would
cause any Tax-Exempt Bonds or any portion thereof to be “private activity bonds” within the
meaning of Section 141 of the Code.
The covenants, certifications, representations, and warranties contained in this Section
shall survive payment in full or provision for payment in full of the Tax-Exempt Bonds.
The Consolidated Government hereby agrees to adopt and comply with the Tax Policy,
attached hereto as Exhibit B.
Section 8.15. Payments to Consolidated Government Must be in Money.
The Consolidated Government shall require all payments to be made to the Consolidated
Government as water and sewerage service charges to be made in lawful moneys of the United
States of America.
Section 8.16. Continuing Disclosure for Series 2012 Bonds.
The Consolidated Government hereby covenants and agrees that it shall comply with and
carry out all of the provisions of the Series 2012 Continuing Disclosure Certificate.
Notwithstanding any other provision of the Bond Resolution, failure of the Consolidated
Government to comply with the Series 2012 Disclosure Certificate shall not be considered a
default or an Event of Default under the Bond Resolution. It is expressly provided, however,
that any beneficial owner of the Series 2012 Bonds may take such action, to the extent and in
such manner as may be allowed by applicable law, as may be necessary and appropriate,
including seeking mandamus or specific performance by court order, to cause the Consolidated
Government to comply with its obligations under this Section 8.17.
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ARTICLE IX
EVETS OF DEFAULT AD REMEDIES
Section 9.1. Definition of Events of Default.
An “Event of Default” shall mean the occurrence of any one or more of the following:
(a) failure to pay the principal or redemption price of any Senior Bond when
the same shall become due and payable, either at maturity or by proceedings for
redemption or otherwise; or
(b) failure to pay any installment of interest on any Senior Bond when and as
such installment of interest shall become due and payable; or
(c) default shall be made by the Consolidated Government in the performance
of any obligation in respect to the Debt Service Reserve Account for Senior Bonds and
such default shall continue for 30 days thereafter; or
(d) the Consolidated Government shall (1) admit in writing its inability to pay
its debts generally as they become due, (2) file a petition in bankruptcy or take advantage
of any insolvency act, (3) make an assignment for the benefit of its creditors, (4) consent
to the appointment of a receiver of itself or of the whole or any substantial part of its
property, or (5) be adjudicated a bankrupt; or
(e) a court of competent jurisdiction shall enter an order, judgment, or decree
appointing a receiver of the System or any of the funds or accounts established in
Article IV or Article V, or of the whole or any substantial part of the Consolidated
Government’s property, or approving a petition seeking reorganization of the
Consolidated Government under the federal bankruptcy laws or any other applicable law
or statute of the United States of America or the State, and such order, judgment, or
decree shall not be vacated or set aside or stayed within 60 days from the date of the entry
thereof; or
(f) under the provisions of any other law for the relief or aid of debtors, any
court of competent jurisdiction shall assume custody or control of any of the funds or
accounts established in Article IV or Article V, or of the Consolidated Government or of
the whole or any substantial part of the Consolidated Government’s property, and such
custody or control shall not be terminated or stayed within 60 days from the date of
assumption of such custody or control; or
(g) the Consolidated Government shall fail to perform any of the other
covenants, conditions, agreements, and provisions contained in the Senior Bonds or in the
Bond Resolution (other than in Section 8.17) on the part of the Consolidated Government
to be performed, and such failure shall continue for 90 days after written notice
specifying such failure and requiring it to be remedied shall have been given to the
Consolidated Government by the owners of not less than, or a Credit Facility Issuer
securing not less than, 25% in aggregate principal amount of the Senior Bonds; provided,
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however, if the failure stated in such notice can be corrected, but not within such 90 day
period, the Consolidated Government shall have 180 days after such written notice to
cure such default if corrective action is instituted by the Consolidated Government within
such 90 day period and diligently pursued until the failure is corrected; or
(h) an Event of Default under any Series Resolution relating to Senior Bonds
shall occur; or
(i) failure by any Liquidity Facility Issuer to pay the purchase price of Senior
Bonds under any Liquidity Facility then in effect; or
(j) delivery to the Consolidated Government by a Credit Facility Issuer of
written notice stating that an “Event of Default” has occurred under any Credit Facility
Agreement relating to Senior Bonds; or
(k) delivery to the Consolidated Government by a Qualified Hedge Provider
of written notice stating that an “Event of Default” has occurred under any Senior Hedge
Agreement.
Section 9.2. Remedies.
(a) Upon the happening and continuance of any Event of Default specified in Section
9.1(a) or 9.1(b), then and in every such case, the principal of all Senior Bonds then Outstanding
shall become due and payable immediately, together with the interest accrued thereon to the date
of such acceleration, at the place of payment provided therein, and interest on the Senior Bonds
shall cease to accrue after the date of such acceleration, anything in the Bond Resolution or in the
Senior Bonds to the contrary notwithstanding. Upon the happening and continuance of any
Event of Default specified in Section 9.1 (except in Section 9.1(a), 9.1(b), 9.1(i), 9.1(j), and
9.1(k)), then and in every such case, upon the written declaration of the owners of more than
50% in aggregate principal amount of all Senior Bonds then Outstanding or upon the written
demand of a Credit Facility Issuer securing more than 50% in aggregate principal amount of the
Senior Bonds then Outstanding, the principal of all Senior Bonds then Outstanding shall become
due and payable immediately, together with the interest accrued thereon to the date of such
acceleration, at the place of payment provided therein, and interest on the Senior Bonds shall
cease to accrue after the date of such acceleration, anything in the Bond Resolution or in the
Senior Bonds to the contrary notwithstanding. Notwithstanding anything in the Bond Resolution
to the contrary, so long as any Prior Lien Bonds are outstanding pursuant to the Prior Lien
Resolution, the payment of the principal of any Senior Bonds shall not be accelerated unless and
until the payment of the principal of all of the Prior Lien Bonds has been accelerated pursuant to
Article VIII, Section 2 of the Prior Lien Resolution.
Upon any declaration of acceleration under the Bond Resolution, the Consolidated
Government shall immediately draw under the applicable Credit Facility to the extent permitted
by the terms thereof that amount which, together with other amounts on deposit under the Bond
Resolution, shall be sufficient to pay the principal of and accrued interest on the related Senior
Bonds so accelerated.
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The above provisions, however, are subject to the condition that if, after the principal of
the Senior Bonds shall have been so accelerated, all arrears of interest upon such Bonds, and
interest on overdue installments of interest at the rate on such Bonds, shall have been paid by the
Consolidated Government, the principal of such Bonds that has matured (except the principal of
any Bonds not then due by their terms except as provided above) has been paid, and the
Consolidated Government shall also have performed all other things in respect to which it may
have been in default under the Bond Resolution, and the Credit Facility Issuer shall have
reinstated the Credit Facility in the full amount available to be drawn thereunder by written
notice to the Consolidated Government, then, in every such case, the owners of more than 50%
in aggregate principal amount of all Senior Bonds then Outstanding by written notice to the
Consolidated Government, may waive such default and its consequences and such waiver shall
be binding upon the Consolidated Government and upon all owners of the Bonds; but no such
waiver shall extend to or affect any subsequent default or impair any right or remedy consequent
thereon. Notwithstanding the foregoing, as long as the applicable Credit Facility Issuer shall not
then continue to dishonor draws under the Credit Facility, no Event of Default with respect to the
related Senior Bonds may be waived without the express written consent of such Credit Facility
Issuer.
(b) Upon the happening and continuance of any Event of Default, any owner of
Senior Bonds then Outstanding affected by the Event of Default or a duly authorized agent for
such owner may proceed to protect and enforce its rights and the rights of the owners of Senior
Bonds by such of the following remedies as it shall deem most effectual to protect and enforce
such rights:
(i) by mandamus or other suit, action, or proceeding at law or in equity,
enforce all rights of the owners of Senior Bonds, including the right to require the
appointment of a receiver for the System or to exercise any other right or remedy
provided by the Revenue Bond Law and to require the Consolidated Government to
perform any other covenant or agreement contained in the Bond Resolution and to
perform its duties under the Revenue Bond Law;
(ii) by bringing suit upon the Senior Bonds;
(iii) by action or suit in equity, require the Consolidated Government to
account as if it were the trustee of an express trust for the owners of the Senior Bonds;
(iv) by action or suit in equity, enjoin any acts or things that may be unlawful
or in violation of the rights of the owners of the Senior Bonds; or
(v) by pursuing any other available remedy at law or in equity or by statute.
In the enforcement of any remedy under the Bond Resolution, owners of Senior Bonds
shall be entitled to sue for, enforce payment on, and receive any and all amounts then or during
any default becoming, and at any time remaining, due from the Consolidated Government for
principal, redemption premium, interest, or otherwise, under any provision of the Bond
Resolution or of the Senior Bonds, and unpaid, with interest on overdue payments at the rate or
rates of interest specified in such Senior Bonds, together with any and all costs and expenses of
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collection and of all proceedings under the Bond Resolution and under such Senior Bonds,
without prejudice to any other right or remedy of the owners of Senior Bonds, and to recover and
enforce a judgment or decree against the Consolidated Government for any portion of such
amounts remaining unpaid, with interest, costs, and expenses, and to collect from any moneys
available for such purpose, in any manner provided by law, the moneys adjudged or decreed to
be payable.
Section 9.3. Remedies Cumulative.
No remedy conferred upon or reserved to the Bondholders is intended to be exclusive of
any other remedy or remedies, and each and every such remedy shall be cumulative and shall be
in addition to every other remedy given under the Bond Resolution or now or hereafter existing
at law or in equity or by statute.
Section 9.4. Waiver of Default.
No delay or omission of any Bondholder to exercise any right or power accruing upon
any Event of Default shall impair any such right or power or shall be construed to be a waiver of
any such Event of Default, or an acquiescence therein, and every power and remedy given by the
Bond Resolution to the Bondholders may be exercised from time to time and as often as may be
deemed expedient.
Section 9.5. Application of Moneys After Default.
On and after the date that the Prior Lien Bonds are no longer outstanding under the Prior
Lien Resolution, if an Event of Default occurs and shall not have been remedied, the
Consolidated Government or a receiver appointed for the purpose shall apply all Pledged
Revenues as follows and in the following order of priority:
(a) Expenses of Receiver and Paying Agent and Bond Registrar – to the
payment of the reasonable and proper charges, expenses, and liabilities of the receiver
and the Paying Agent and Bond Registrar under the Bond Resolution;
(b) Expenses of Operation and Maintenance and Renewals and Replacements
– to the payment of all reasonable and necessary Expenses of Operation and Maintenance
and major renewals and replacements to the System;
(c) Principal or Redemption Price, Interest, and Hedge Payments – to the
payment of the interest and principal or redemption price then due on the Senior Bonds
and Hedge Payments then due under Senior Hedge Agreements, as follows:
(i) Unless the principal of all the Senior Bonds shall have become due
and payable, all such moneys shall be applied as follows:
First: to the payment to the persons entitled thereto of all
installments of interest then due on the Senior Bonds, in the order of the
maturity of such installments (with interest on defaulted installments of
interest at the rate or rates borne by the Senior Bonds with respect to
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which such interest is due, but only to the extent permitted by law), and, if
the amount available shall not be sufficient to pay in full any particular
installment, then to the payment ratably, according to the amounts due on
such installment, to the persons entitled thereto, without any
discrimination or preference. As to any Compound Interest Bond that is a
Senior Bond, such interest shall accrue on the Accreted Value of such
Bond and be set aside on a daily basis until the next compounding date for
such Bonds, whereupon it shall be paid to the owner of such Bond as
interest on a defaulted obligation and only the unpaid portion of such
interest (if any) shall be treated as principal of such Bond.
Second: to the payment of the Hedge Payments due under any
Senior Hedge Agreements pursuant to their terms.
Third: to the payment to the persons entitled thereto of the unpaid
principal of any of the Senior Bonds that shall have become due at
maturity or upon mandatory redemption prior to maturity (other than
Senior Bonds called for redemption for the payment of which moneys are
held pursuant to the provisions of Article XI), in the order of their due
dates, with interest upon such Senior Bonds from the respective dates
upon which they became due, and, if the amount available shall not be
sufficient to pay in full Senior Bonds due on any particular date, together
with such interest, then to the payment first of such interest, ratably
according to the amount of such interest due on such date, and then to the
payment of such principal, ratably according to the amount of such
principal due on such date, to the persons entitled thereto without any
discrimination or preference. The Accreted Value of a Compound Interest
Bond that is a Senior Bond (except for interest that shall have been paid
under paragraph first) shall be treated as principal for purposes of this
paragraph third.
Fourth: to the payment of the redemption premium on and the
principal of any Senior Bonds called for optional redemption pursuant to
their terms.
(ii) If the principal of all the Senior Bonds shall have become due and
payable, all such moneys shall be applied to the payment of the principal and
interest then due and unpaid upon the Senior Bonds, with interest thereon as
aforesaid, and due and unpaid Hedge Payments under Senior Hedge Agreements,
without preference or priority of principal over interest or Hedge Payments or of
interest over principal or Hedge Payments, or of Hedge Payments over principal
or interest, or of any installment of interest over any other installment of interest,
or of any Senior Bond over any other Senior Bonds, or of any such Hedge
Payment over any other such Hedge Payment, ratably, according to the amounts
due respectively for principal, interest, and Hedge Payments, to the persons
entitled thereto without any discrimination or preference.
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Section 9.6. Rights of Credit Facility Issuer.
Notwithstanding any other provision of the Bond Resolution, in the event that the
Consolidated Government shall draw under a Credit Facility any amount for the payment of
principal of or interest on any Bonds, then upon such payment the related Credit Facility Issuer
shall succeed to and become subrogated to the rights of the recipients of such payments and such
principal or interest shall be deemed to continue to be unpaid and Outstanding for all purposes
and shall continue to be fully secured by the Bond Resolution until the Credit Facility Issuer, as
successor and subrogee, has been paid all amounts owing in respect of such subrogated payments
of principal and interest. Such rights shall be limited and evidenced by having the Consolidated
Government note the Credit Facility Issuer’s rights as successor and subrogee on its records, and
the Consolidated Government shall, upon request, deliver to the Credit Facility Issuer (i) in the
case of interest on the Bonds, an acknowledgment of the Credit Facility Issuer’s ownership of
interest to be paid on the Bonds specifying the amount of interest owed, the period represented
by such interest, and the numbers of the Bonds on which such interest is owed and (ii) in the case
of principal of the Bonds, either the Bonds themselves duly assigned to the Credit Facility Issuer
or new Bonds registered in the name of the Credit Facility Issuer or in such other name as the
Credit Facility Issuer shall specify. Whenever moneys become available for the payment of any
interest then overdue, the Credit Facility Issuer shall be treated as to interest owed to it as
successor and subrogee as if it had been the Bondholder of the Bonds on which such interest is
payable on any special record date therefor.
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ARTICLE X
BOD OWERSHIP
Section 10.1. Manner of Evidencing Ownership of Bonds.
Any request, direction, or other instrument required by the Bond Resolution to be signed
or executed by Bondholders may be in any number of counterparts or writings of similar tenor
and may be signed or executed by such Bondholders in person or by agent appointed in writing.
Proof of the execution of any such request, direction, or other instrument, or of the writing
appointing such agent and of the ownership of Bonds, if made in the following manner, shall be
sufficient for any purpose of the Bond Resolution.
The fact and date of the execution by any person of any such writing may be proved by
the certificate of any officer in any jurisdiction, who, by the laws thereof, has power to take
acknowledgments within such jurisdiction, to the effect that the person signing such writing
acknowledged before him the execution thereof, or by an affidavit of a witness to such
execution; provided that the execution of the form of assignment on the back of each Bond may
be guaranteed only by an eligible guarantor institution (such as banks, stockbrokers, savings and
loan associations, and credit unions) with membership in an approved Signature Guarantee
Medallion Program pursuant to S.E.C. Rule 17Ad-15. The fact of ownership of the Bonds by
any Bondholder, the amount and issue numbers of such Bonds, and the date of ownership shall
be proved by the Bond Register.
Section 10.2. Call of Meetings of Bondholders.
The Consolidated Government or the owners of not less than 25% in aggregate principal
amount of the Bonds of either the senior class or the subordinate class may at any time call a
meeting of the Bondholders for any one or more of the following purposes:
(a) to consent to, approve, request, or direct any action required to be
consented to or approved by the Bondholders of the affected class under the Bond
Resolution or which they may request or direct under the Bond Resolution to be taken;
(b) to give any notices to the Consolidated Government;
(c) to take any other action that the Bondholders of the affected class may
take under the Bond Resolution; and
(d) for any other purpose concerning the payment, security, or enforcement of
the Bonds of the affected class.
Any such meeting shall be held at such place in Augusta, Georgia, or in the City of New
York, New York, as may be specified in the notice calling such meeting. Written notice of such
meeting, stating the place and time of the meeting and in general terms the business to be
submitted, shall be mailed by the Consolidated Government or the Bondholders calling such
meeting to the Bondholders of the affected class at their addresses then appearing upon the Bond
Register not less than 30 days nor more than 60 days before such meeting. The mailing of such
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notice shall not, however, be a condition precedent to the validity of any action taken at any such
meeting. Any meeting of Bondholders shall be valid without notice if the Bondholders of the
affected class are present in person or by proxy or if notice is waived in writing before or within
30 days after the meeting by the Bondholders of the affected class not so present.
Section 10.3. Proxies and Proof of Ownership of Bonds.
Attendance and voting by Bondholders at such meetings may be in person or by proxy.
The Bondholders may, by an instrument in writing, appoint any person or persons, with full
power of substitution, as their proxy to vote at any meeting for them. The right of a proxy for a
Bondholder to attend a meeting and act and vote may be proved (subject to the right of the
Consolidated Government to require additional proof) by a written instrument executed by such
Bondholder.
Any registered owner of Bonds of the affected class shall be entitled in person or by
proxy to attend and vote at such meeting without producing the Bonds registered in such
Bondholder’s name; provided, however, that such persons and their proxies shall, if required,
produce such proof of personal identity as shall be satisfactory to the secretary of the meeting.
All other persons seeking to attend or vote at such meeting must produce the Bonds claimed to
be owned or represented at such meeting.
The vote of any Bondholder shall be binding upon such Bondholder and upon every
subsequent owner of such Bond (whether or not such subsequent Bondholder has notice of that
vote).
Section 10.4. Appointment of Officers at Meeting of Bondholders.
A chairman and a secretary of any meeting of the Bondholders shall be elected by the
Bondholders of the affected class, by a majority in principal amount of the Bonds of the affected
class represented at such meeting in person or by proxy. The chairman shall appoint two (2)
inspectors of votes who shall count all votes cast at such meeting, except votes on the election of
chairman and secretary, and who shall make and file with the secretary and with the
Consolidated Government their verified report of all such votes cast at the meeting.
Section 10.5. Quorum at Meetings of Bondholders.
The owners of not less than the principal amount of the Bonds of the affected class
required for any action to be taken at such meeting must be present at such meeting in person or
by proxy in order to constitute a quorum for the transaction of business.
Section 10.6. Meetings.
Meetings shall be conducted in accordance with rules, regulations, orders, and procedures
established by the chairman of the meeting.
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ARTICLE XI
DEFEASACE
Section 11.1. Provision for Payment.
Bonds for the payment or redemption of which sufficient moneys or sufficient
Government Obligations shall have been deposited with the Paying Agent or the Depository of
the Sinking Fund (whether upon or prior to the maturity or the redemption date of such Bonds)
shall be deemed to be paid and no longer Outstanding under the Bond Resolution; provided,
however, that if such Bonds are to be redeemed prior to the maturity thereof, notice of such
redemption shall have been duly given as provided in Article III or firm and irrevocable
arrangements shall have been made for the giving of such notice. Government Obligations shall
be considered sufficient for purposes of this Article XI only: (i) if such Government Obligations
are not callable by the issuer of the Government Obligations prior to their stated maturity, and
(ii) if such Government Obligations fall due and bear interest in such amounts and at such times
as will assure sufficient cash (whether or not such Government Obligations are redeemed by the
Consolidated Government pursuant to any right of redemption) to pay currently maturing interest
and to pay principal and redemption premiums, if any, when due on the Bonds without rendering
the interest on any Tax-Exempt Bonds includable in gross income of any owner thereof for
federal income tax purposes.
The Consolidated Government may at any time surrender to the Bond Registrar for
cancellation by it any Bonds previously authenticated and delivered under the Bond Resolution,
which the Consolidated Government may have acquired in any manner whatsoever. All such
Bonds, upon such surrender and cancellation, shall be deemed to be paid and retired.
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ARTICLE XII
SUPPLEMETAL RESOLUTIOS
Section 12.1. Supplemental Resolutions ot Requiring Consent of B ondholders.
The Consolidated Government, from time to time and at any time, subject to the
conditions and restrictions in the Bond Resolution, may adopt one or more Supplemental
Resolutions, which thereafter shall form a part of the Bond Resolution, for any one or more or all
of the following purposes:
(a) To add to the covenants and agreements of the Consolidated Government
in the Bond Resolution other covenants and agreements thereafter to be observed or to
surrender, restrict, or limit any right or power reserved in the Bond Resolution to or
conferred upon the Consolidated Government (including but not limited to the right to
issue Additional Bonds);
(b) To make such provisions for the purpose of curing any ambiguity, or of
curing, correcting, or supplementing any defective provision contained in the Bond
Resolution, or in regard to matters or questions arising under the Bond Resolution, as the
Consolidated Government may deem necessary or desirable and not inconsistent with the
Bond Resolution;
(c) To grant to or confer any additional rights, remedies, powers, or
authorities that may be lawfully granted to or conferred upon the owners of the Bonds;
(d) To subject to the lien and pledge of the Bond Resolution additional
revenues, receipts, properties, or other collateral;
(e) To evidence the appointment of successors to any Depositories, Paying
Agent(s), or Bond Registrar(s);
(f) To modify, amend, or supplement the Bond Resolution in such manner as
to permit the qualification of the Bond Resolution under the Trust Indenture Act of 1939
or any federal statute hereinafter in effect, and similarly to add to the Bond Resolution
such other terms, conditions, and provisions as may be permitted or required by such
Trust Indenture Act of 1939 or any similar federal statute;
(g) To make any modification or amendment of the Bond Resolution required
in order to make any Bonds eligible for acceptance by a Securities Depository or to
permit the issuance of any Bonds or interests therein in Book-Entry Form;
(h) To modify any of the provisions of the Bond Resolution in any respect if
such modification shall not become effective until after the Bonds Outstanding
immediately prior to the effective date of such Supplemental Resolution shall cease to be
Outstanding and if any Bonds issued contemporaneously with or after the effective date
of such Supplemental Resolution shall contain a specific reference to the modifications
contained in such subsequent proceedings;
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(i) Subject to the provisions of Article IV, to modify the provisions of the
Bond Resolution with respect to the disposition of any moneys remaining in the
Construction Fund upon the completion of any Project;
(j) To modify the Bond Resolution to permit the qualification of any Bonds
for offer or sale under the securities laws of any state in the United States of America;
(k) To modify the Bond Resolution to provide for the issuance of Additional
Bonds or Subordinate Bonds, and such modification may deal with any subjects and
make any provisions that the Consolidated Government deems necessary or desirable for
that purpose;
(l) To make such modifications in the provisions of the Bond Resolution as
may be deemed necessary by the Consolidated Government to accommodate the issuance
of Bonds that (i) are Compound Interest Bonds (including, but not limited to, provisions
for determining the Debt Service Requirement for such Compound Interest Bonds and for
treatment of Accreted Value in making such determination) or (ii) bear interest at a
Variable Rate; and
(m) To modify any of the provisions of the Bond Resolution in any respect
(other than a modification of the type described in Section 12.2 requiring the unanimous
written consent of the Bondholders); provided that for (i) any Outstanding Bonds which
are assigned a Rating and which are not secured by a Credit Facility providing for the
payment of the full amount of principal and interest to be paid thereon, each Rating
Agency shall have given written notification to the Consolidated Government that such
modification will not cause the then applicable Rating on any Bonds to be reduced or
withdrawn, and (ii) any Outstanding Bonds which are secured by Credit Facilities
providing for the payment of the full amount of the principal and interest to be paid
thereon, each Credit Facility Issuer shall have consented in writing to such modification.
Any Supplemental Resolution authorized by the provisions of this Section may be
adopted by the Consolidated Government without the consent of or notice to the owners of any
of the Bonds at the time Outstanding, notwithstanding any of the provisions of Section 12.2.
Any Supplemental Resolution of the Consolidated Government may modify the
provisions of the Bond Resolution in such a manner, and to such extent and containing such
provisions, as the Consolidated Government may deem necessary or desirable to effect any of
the purposes stated above.
As used in this Section, the term “modify” shall mean “modify, amend, or supplement”
and the term “modification” shall mean “modification, amendment, or supplement.”
Section 12.2. Supplemental Resolutions Requiring Consent of Bondholders.
With the consent (evidenced as provided in Article X) of the owners of not less than a
majority in aggregate principal amount of the Outstanding Bonds of each class (senior and
subordinate), voting separately by class, the Consolidated Government may from time to time
and at any time adopt a Supplemental Resolution for the purpose of adding any provisions to or
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changing in any manner or eliminating any of the provisions of the Bond Resolution or of any
Supplemental Resolution; provided, however, that no such Supplemental Resolution shall:
(1) extend the maturity date or due date of any mandatory sinking fund redemption with respect
to any Bond Outstanding under the Bond Resolution; (2) reduce or extend the time for payment
of principal of, redemption premium, or interest on any Bond Outstanding under the Bond
Resolution; (3) reduce any premium payable upon the redemption of any Bond under the Bond
Resolution or advance the date upon which any Bond may first be called for redemption prior to
its stated maturity date; (4) give to any Senior Bond or Senior Bonds (or related Senior Hedge
Agreements) a preference over any other Senior Bond or Senior Bonds (or related Senior Hedge
Agreements); (5) permit the creation of any lien or any other encumbrance on the Pledged
Revenues having a lien equal to or prior to the lien created under the Bond Resolution for the
Senior Bonds; (6) reduce the percentage of owners of either class of Bonds required to approve
any such Supplemental Resolution; or (7) deprive the owners of the Bonds of the right to
payment of the Bonds or from the Pledged Revenues, without, in each case, the consent of the
owners of all the Bonds then Outstanding. No amendment may be made under this Section that
affects the rights or duties of any Financial Facility Issuer securing any of the Bonds or any
Qualified Hedge Provider under any Hedge Agreement without its written consent.
If the Consolidated Government intends to enter into or adopt any Supplemental
Resolution as described in this Section, the Consolidated Government shall mail, by registered or
certified mail, to the registered owners of the Bonds at their addresses as shown on the Bond
Register, a notice of such intention along with a description of such Supplemental Resolution not
less than 30 days prior to the proposed effective date of such Supplemental Resolution. The
consents of the registered owners of the Bonds need not approve the particular form of wording
of the proposed Supplemental Resolution, but it shall be sufficient if such consents approve the
substance thereof. Failure of the owner of any Bond to receive the notice required in the Bond
Resolution shall not affect the validity of any Supplemental Resolution if the required number of
owners of the Bonds of each class shall provide their written consent to such Supplemental
Resolution.
Notwithstanding any provision of the Bond Resolution to the contrary, upon the issuance
of a Credit Facility to secure any Bonds and for the period in which such Credit Facility is
outstanding, the Credit Facility Issuer may have the consent rights of the owners of the Bonds
that are secured by such Credit Facility pertaining to some or all of the amendments or
modifications of the Bond Resolution, to the extent provided in the applicable Series Resolution.
Notwithstanding the foregoing, if a Credit Facility Issuer is granted the consent rights of the
owners of any Bonds in a Series Resolution and refuses to exercise such consent rights, either
affirmatively or negatively, then the registered owners of the Bonds secured by the related Credit
Facility may exercise such consent rights.
Section 12.3. otice of Supplemental Resolutions.
The Consolidated Government shall cause the Bond Registrar to mail a notice by
registered or certified mail to the registered owners of all Bonds Outstanding, at their addresses
shown on the Bond Register or at such other address as has been furnished in writing by such
registered owner to the Bond Registrar, setting forth in general terms the substance of any
Supplemental Resolution that has been: (i) adopted by the Consolidated Government pursuant to
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Section 12.1 or (ii) approved by Bondholders or any Credit Facility Issuer and adopted by the
Consolidated Government pursuant to Section 12.2.
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ARTICLE XIII
MISCELLAEOUS PROVISIOS
Section 13.1. Severability.
In case any one or more of the provisions of the Bond Resolution or of the Bonds shall
for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any
other provision of the Bond Resolution or of the Bonds, but the Bond Resolution and the Bonds
shall be construed and enforced as if such illegal or invalid provision had not been contained
therein. In case any covenant, stipulation, obligation, or agreement contained in the Bonds or in
the Bond Resolution shall for any reason be held to be unenforceable or in violation of law, then
such covenant, stipulation, obligation, or agreement shall be deemed to be the covenant,
stipulation, obligation, or agreement of the Consolidated Government to the full extent that the
power to incur such obligation or to make such covenant, stipulation, or agreement shall have
been conferred on the Consolidated Government by law.
Section 13.2. Requests of Consolidated Government.
Whenever any action is to be taken by the Bond Registrar or the Paying Agent at the
request of the Consolidated Government under the Bond Resolution, if no other means of
authenticating such request is required, such request shall be evidenced by a written instrument
signed by the Mayor and Clerk of the Commission or by such other Consolidated Government
official or employee (one or more) as may from time to time be designated in writing by the
Mayor and Clerk of the Commission. A duly certified copy of such designation must be filed
with the Bond Registrar and the Paying Agent.
Section 13.3. Validation of Series 2012 Bonds.
The Consolidated Government shall deliver a certified copy of this Master Bond
Resolution with an appropriate notice signed by the Clerk of the Commission to the District
Attorney for the Augusta Judicial Circuit accompanied by the request that the District Attorney
proceed with the validation of the Series 2012 Bonds.
Section 13.4. Approval of Offering Documents; Winning Bidder.
The preparation, use and distribution of the Official Notice of Sale and the Preliminary
Official Statement with respect to the Series 2012 Bonds and presented at this meeting are
hereby ratified and approved. The use and distribution of the Official Statement and the
execution of the Official Statement by the Mayor are hereby authorized and approved, provided
that the Official Statement is in substantially the same form as the Preliminary Official
Statement. The execution and delivery by the Mayor of the Consolidated Government of a
“deemed final certificate” required by Rule 15c2-12 of the Securities Exchange Act of 1934, as
amended, are hereby ratified.
______________ is hereby approved as the winning bidder for the Series 2012 Bonds
upon the terms set forth in its bid.
Attachment number 1 \nPage 82 of 98
Item # 39
79
Section 13.5. Approval of Series 2012 Paying Agent and Bond Registrar
Agreement.
The form, terms, and conditions and the execution, delivery, and performance of the
Series 2012 Paying Agent and Bond Registrar Agreement, which has been filed with the
Consolidated Government, are hereby approved and authorized. The Series 2012 Paying Agent
and Bond Registrar Agreement shall be in substantially the form submitted to the Mayor with
such changes, corrections, deletions, insertions, variations, additions, or omissions as may be
approved by the Mayor, whose approval thereof shall be conclusively evidenced by the
execution of such contract. The Mayor is hereby authorized and directed to execute on behalf of
the Consolidated Government, the Series 2012 Paying Agent and Bond Registrar Agreement,
and the Clerk of the Commission is hereby authorized and directed to affix thereto and attest the
seals of the Consolidated Government upon proper execution and delivery of the other party
thereto, provided, that in no event shall any such attestation or affixation of the seals of the
Consolidated Government be required as a prerequisite to the effectiveness thereof, and the
Mayor and the Clerk of the Commission are authorized and directed to deliver such contract on
behalf of the Consolidated Government.
Section 13.6. Approval of Series 2012 Custodian and Depository Agreement.
The form, terms, and conditions and the execution, delivery, and performance of the
Series 2012 Custodian and Depository Agreement, which has been filed with the Consolidated
Government, are hereby approved and authorized. The Series 2012 Custodian and Depository
Agreement shall be in substantially the form submitted to the Mayor with such changes,
corrections, deletions, insertions, variations, additions, or omissions as may be approved by the
Mayor, whose approval thereof shall be conclusively evidenced by the execution of such
contract. The Mayor is hereby authorized and directed to execute on behalf of the Consolidated
Government, the Series 2012 Custodian and Depository Agreement, and the Clerk of the
Commission is hereby authorized and directed to affix thereto and attest the seals of the
Consolidated Government upon proper execution and delivery of the other party thereto,
provided, that in no event shall any such attestation or affixation of the seals of the Consolidated
Government be required as a prerequisite to the effectiveness thereof, and the Mayor and the
Clerk of the Commission are authorized and directed to deliver such contract on behalf of the
Consolidated Government.
Section 13.7. Payments Due on Saturdays, Sundays, etc.
Whenever a date upon which a payment is to be made under the Bond Resolution falls on
a Saturday, a Sunday, a legal holiday, or any other day on which banking institutions are
authorized to be closed in the state in which the payment is to be made, such payment may be
made on the next succeeding business day without interest for the intervening period.
Section 13.8. Waiver of Bond Audit.
The Consolidated Government hereby approves the publication of the requisite legal
notice waiving the performance audit and performance review requirements of Section
36-82-100 of the Official Code of Georgia Annotated.
Attachment number 1 \nPage 83 of 98
Item # 39
80
Section 13.9. Effective Date.
This Master Bond Resolution shall take effect immediately upon its adoption.
Section 13.10. Applicable Provisions of Law.
The Bond Resolution shall be governed by and construed and enforced in accordance
with the laws of the State.
Section 13.11. Repeal of Conflicting Resolutions.
Except for the Prior Lien Resolution, any and all resolutions, or parts of resolutions, if
any, in conflict with the Bond Resolution are hereby repealed.
Section 13.12. o Individual Responsibility of Commissioners and O fficers of
Consolidated Government.
No stipulations, obligations, or agreements of any commissioner or of any officer of the
Consolidated Government shall be deemed to be stipulations, obligations, or agreements of any
such member or officer in his or her individual capacity.
Section 13.13. General Authorization.
From and after the date of adoption of this Master Bond Resolution, the officials,
employees, and agents of the Consolidated Government are hereby authorized to do all such acts
and things and to execute and deliver any and all other documents, agreements, certificates
(including, without limitation, the Series 2012 Disclosure Certificate), and instruments as may be
necessary or desirable in connection with the execution, delivery, and sale of the Series 2012
Bonds, the investment of the proceeds of the Series 2012 Bonds, and the transactions
contemplated on the part of the Consolidated Government by the Bond Resolution. The Mayor
and Clerk of the Commission are hereby authorized and directed to prepare and furnish to the
purchasers of the Series 2012 Bonds, when the Series 2012 Bonds are issued, certified copies of
all proceedings and records of the Consolidated Government relating to the Series 2012 Bonds or
to this Master Bond Resolution, and such other affidavits and certificates as may be required to
show the facts relating to the legality and marketability of the Series 2012 Bonds as such facts
appear from the books and records in the officers’ custody and control or as otherwise known to
them. All such certified copies, certificates, and affidavits, including any heretofore furnished,
shall constitute representations of the Consolidated Government as to the truth of all statements
contained therein.
Section 13.14. Bond Resolution Constitutes a Contract.
The Bond Resolution constitutes a contract with the Bondholders binding the
Consolidated Government, and therefore it is proper and appropriate for the Mayor to execute
the same on behalf of the Consolidated Government and for the Clerk of the Commission to
attest the same.
Attachment number 1 \nPage 84 of 98
Item # 39
81
Adopted and approved this ______ day of September, 2012.
AUGUSTA-RICHMOND COUNTY
COMMISSION
(SEAL)
By:
Mayor
Attest:
Clerk
Attachment number 1 \nPage 85 of 98
Item # 39
EXHIBIT A
Form of Series 2012 Bond
Unless this Bond is presented by an authorized representative of The Depository Trust
Company (“DTC”), a ew York corporation, to Augusta , Georgia or its agent for
registration of transfer, exchange, or payment, and any Bond issued is registered in the
name of Cede & Co. or in such other name as is requested by an authorized
representative of DTC (and any payment is made to Cede & Co. or to such other entity as
is requested by an authorized representative of DTC), AY TRASFER, PLEDGE, OR
OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO A Y PERSO IS
WROGFUL inasmuch as the registered owner hereof, C ede & Co., has an interest
herein.
UITED STATES OF AMERICA
STATE OF GEORGIA
AUGUSTA, GEORGIA
WATER AD SEWERAGE REVEUE REFUDIG AD IMPROVEME T BOD
(SECOD RESOLUTIO),
SERIES 2012
Number R- _________ $_______________
Maturity
Date
Interest
Rate Dated CUSIP
________, 2012
Registered Owner: Cede & Co.
Principal Amount:
KOW ALL ME BY THESE PRESETS that AUGUSTA, GEORGIA (the
“Consolidated Government”), a political subdivision of the State of Georgia, existing as such
under and by virtue of the Constitution, statutes and laws of the State of Georgia, for value
received, hereby promises to pay (but only out of the sources provided) to the registered owner
identified above, or registered assigns, on the Maturity Date stated above, unless this Bond shall
have been called for redemption prior to maturity and payment of the redemption price shall
have been duly made or provided for, the principal amount identified above and to pay (but only
out of the sources provided) interest on the balance of such principal sum from time to time
remaining unpaid from and including the date hereof or from and including the most recent
Interest Payment Date (as hereinafter defined) with respect to which interest has been paid or
duly provided for, until payment of such principal sum has been made, at the interest rate per
annum shown above (computed on the basis of a 360-day year consisting of twelve 30-day
months) on April 1 and October 1 of each year (each an “Interest Payment Date”) commencing
Attachment number 1 \nPage 86 of 98
Item # 39
2
April 1, 2013, until the payment of the principal amount of this Bond in full, and promises to pay
interest on overdue principal and, to the extent permitted by law, on overdue premium, if any,
and interest, at such rate.
Principal of and redemption premium, if any, on this Bond are payable when due in
lawful money of the United States of America upon presentation and surrender of this Bond at
the principal corporate trust office of U.S. Bank National Association, Atlanta, Georgia, as
registrar and paying agent (the “Bond Registrar” or the “Paying Agent”). Payment of interest on
this Bond shall be made to the registered owner and shall be paid in lawful money of the United
States of America by check or draft mailed on the applicable Interest Payment Date to such
registered owner as of the close of business on the 15th day of the calendar month (the “Record
Date”) immediately preceding such Interest Payment Date at its address as it appears on the
registration books (the “Bond Register”) of the Consolidated Government maintained by the
Bond Registrar, or at such other address as is furnished in writing by such registered owner to the
Bond Registrar.
Notwithstanding the foregoing, however, interest on this Bond shall be payable to any
registered owner of more than $1,000,000 in aggregate principal amount of the Bonds of the
same series as this Bond (including this Bond) by deposit of immediately available funds to the
account of such registered owner maintained with the Paying Agent or transmitted by wire
transfer to such registered owner at an account maintained at a commercial bank located within
the United States of America, if the Paying Agent receives from such registered owner written
deposit or wire transfer instructions prior to the Record Date preceding the Interest Payment Date
for which the deposit or wire transfer is requested.
This Bond is one of a series of $__________ in original aggregate principal amount of
revenue bonds designated “Augusta, Georgia Water and Sewerage Revenue Refunding and
Improvement Bonds (Second Resolution), Series 2012” (the “Series 2012 Bonds”), issued by the
Consolidated Government pursuant to and in full compliance with the provisions of the
Constitution and laws of the State of Georgia, including specifically, but without limitation,
Article 3 of Chapter 82 of Title 36 of the Official Code of Georgia Annotated, known as the
“Revenue Bond Law,” as amended. The Series 2012 Bonds have been authorized by a Master
Bond Resolution duly adopted by the Augusta-Richmond County Commission on September __,
2012, (the “Bond Resolution”), for the purpose of financing the costs of (a) refunding the
Augusta, Georgia Water and Sewerage Revenue Bonds, Series 2002 (b) acquiring, constructing,
installing and equipping improvements to the water and sewerage system of the Consolidated
Government, (c) funding a debt service reserve account and (d) paying the costs of issuing the
Series 2012 Bonds.
The Series 2012 Bonds maturing on or before October 1, _____, may not be called for
optional redemption prior to maturity. The Series 2012 Bonds maturing on or after October 1,
_____, are subject to redemption prior to maturity at the option of the Consolidated Government
on or after _____ 1, _____, in whole or in part at any time, at the redemption price of par plus
accrued interest on such redemption date.
Attachment number 1 \nPage 87 of 98
Item # 39
3
The Series 2012 Bonds maturing on October 1, ____, and October 1, ____, are subject to
mandatory redemption prior to maturity by application of payments from the Sinking Fund, in
accordance with the Bond Resolution, at a redemption price equal to the principal amounts of the
Series 2012 Bonds set forth below plus the interest due thereon on the redemption date, on the
dates set forth below:
Series 2012 Bonds Maturing October 1,
October 1
of the Year Principal Amount
Series 2012 Bonds Maturing October 1,
October 1
of the Year Principal Amount
Notice of redemption, unless waived, is to be given by first class mail at least 30 days and
not more than 60 days prior to the date fixed for redemption to the registered owner of each
Series 2012 Bond to be redeemed at the address shown on the Bond Register or at such other
address as is furnished in writing by such registered owner to the Bond Registrar. All such
Series 2012 Bonds called for redemption and for the retirement of which funds are duly provided
shall, on the redemption date designated in such notice, become and be due and payable at the
redemption price provided for redemption of such Series 2012 Bonds on such date, and interest
on the Series 2012 Bonds or portions of Series 2012 Bonds so called for redemption shall cease
to accrue, such Series 2012 Bonds or portions of Series 2012 Bonds shall cease to be entitled to
any lien, benefit, or security under the Bond Resolution, and the owners of such Series 2012
Bonds or portions of Series 2012 Bonds shall have no rights in respect thereof except to receive
payment of the redemption price. Any defect in any notice of redemption shall not affect the
validity of proceedings for the redemption of any Series 2012 Bonds.
The Consolidated Government has established a book-entry system of registration for the
Series 2012 Bonds. Except as specifically provided otherwise in the Bond Resolution, an agent
will hold this Bond on behalf of the beneficial owner hereof. By acceptance of a confirmation of
purchase, delivery, or transfer, the beneficial owner of this Bond shall be deemed to have agreed
to such arrangement. While the Series 2012 Bonds are in the book-entry system of registration,
the Bond Resolution provides special provisions relating to the Series 2012 Bonds, which
override certain other provisions of the Bond Resolution. This Bond is transferable by the
registered owner at the principal corporate trust office of the Bond Registrar but only in the
manner, subject to the limitations, and upon payment of the charges provided in the Bond
Attachment number 1 \nPage 88 of 98
Item # 39
4
Resolution and upon surrender of this Bond. Upon such transfer, a new registered Bond or
Bonds of the same series, maturity, interest rate, aggregate principal amount, and tenor, of any
authorized denomination or denominations, and bearing numbers not then outstanding, will be
issued to the transferee in exchange for this Bond. The Series 2012 Bonds are issuable as fully
registered Bonds in the denomination of $5,000 or any integral multiple thereof. The Bond
Registrar is not required to transfer or exchange any Series 2012 Bond after notice calling such
Series 2012 Bond for redemption has been given or during the period of 15 days (whether or not
a business day for the Bond Registrar, but excluding the redemption date and including such 15th
day) immediately preceding the giving of such notice of redemption.
The Series 2012 Bonds and such revenue bonds of the Consolidated Government as may
in the future be issued on a parity therewith, are equally and ratably secured by pledge of the
“Pledged Revenues” of the water and sewerage system (the “System”) of the Consolidated
Government, which are defined in the Bond Resolution to include gross operating revenues of
the System after provision for payment of all reasonable expenses of operation and maintenance
and earnings on investments made with moneys and securities from time to time on deposit in
the funds and accounts established in the Bond Resolution, and on and after the date that the
Prior Lien Bonds (hereafter defined) are no longer outstanding under the Prior Lien Resolution
(hereafter defined), “Pledged Revenues” will include Hedge Receipts and exclude any amounts
required in the Bond Resolution to be set aside pending, or used for, rebate to the United States
government pursuant to Section 148(f) of the Internal Revenue Code of 1986, as amended,
including, but not limited to, amounts in the Rebate Fund.
Pursuant to a resolution adopted by the Consolidated Government on October 21, 1996,
as supplemented and amended (as more specifically defined in the Bond Resolution, the “Prior
Lien Resolution”), the Consolidated Government has heretofore authorized, issued and delivered
its (i) $62,880,000 original aggregate principal amount of Richmond County Water and
Sewerage Revenue Refunding and Improvement Bonds, Series 1996A (the “Series 1996A
Bonds”) which have been paid in full; (ii) $5,910,000 original aggregate principal amount of
Richmond County Water and Sewerage Revenue Refunding Bonds, Series 1997 (the “Series
1997 Bonds”), which have been paid in full; (iii) $97,080,000 original aggregate principal
amount of Augusta, Georgia Water and Sewerage Revenue Bonds, Series 2000 (the “Series 2000
Bonds”) which are currently outstanding in the principal amount of $2,485,000 and are due and
payable in full on October 1, 2012; (iv) $149,400,000 original aggregate principal amount of
Augusta, Georgia Water and Sewerage Revenue Bonds, Series 2002 (the “Series 2002 Bonds”),
which are currently outstanding in the aggregate principal amount of $98,875,000; (v)
$160,000,000 original aggregate principal amount of Augusta, Georgia Water and Sewerage
Revenue Bonds, Series 2004 (the “Series 2004 Bonds”), currently outstanding in the aggregate
principal amount of $160,000,000; and (vi) $177,010,000 original aggregate principal amount of
Augusta, Georgia Water and Sewerage Revenue Refunding Bonds, Series 2007 (the “Series 2007
Bonds”), which are currently outstanding in the aggregate principal amount of $169,490,000 (the
Series 2004 Bonds and the Series 2007 Bonds that will be outstanding upon the issuance and
delivery of the Series 2012 Bonds are herein referred to as the “Prior Lien Bonds”). The Prior
Lien Bonds are payable solely from, and secured by, a first lien on and pledge of “pledged
revenues” (as defined in the Prior Lien Resolution) of the System. The Consolidated
Government has agreed that it will not issue any additional bonds or obligations of any kind
payable from a lien on net revenues of the System ranking as to such lien on net revenues of the
Attachment number 1 \nPage 89 of 98
Item # 39
5
System created by the Prior Lien Resolution on a parity with the Prior Lien Bonds. So long as
the Prior Lien Bonds remain outstanding, the Series 2012 Bonds and such revenue bonds of the
Consolidated Government as may in the future be issued on a parity therewith will be payable
solely from, and secured by, a second lien on and pledge of “pledged revenues” (as defined in
the Prior Lien Resolution) of the System.
THIS BOND SHALL NEVER CONSTITUTE AN INDEBTEDNESS OR GENERAL
OBLIGATION OF THE STATE OF GEORGIA, THE CONSOLIDATED GOVERNMENT,
OR ANY OTHER POLITICAL SUBDIVISION OF THE STATE OF GEORGIA, WITHIN
THE MEANING OF ANY CONSTITUTIONAL PROVISION OR STATUTORY
LIMITATION WHATSOEVER, NOR A PLEDGE OF THE FAITH AND CREDIT OR
TAXING POWER OF ANY OF THE FOREGOING, NOR SHALL ANY OF THE
FOREGOING BE SUBJECT TO ANY PECUNIARY LIABILITY HEREON. THIS BOND
SHALL NOT BE PAYABLE FROM NOR A CHARGE UPON ANY FUNDS OTHER THAN
THE REVENUES PLEDGED TO THE PAYMENT HEREOF AND SHALL BE A LIMITED
OR SPECIAL OBLIGATION OF THE CONSOLIDATED GOVERNMENT PAYABLE
SOLELY FROM THE FUNDS PROVIDED THEREFOR IN THE BOND RESOLUTION. NO
OWNER OF THIS BOND SHALL EVER HAVE THE RIGHT TO COMPEL THE EXERCISE
OF THE TAXING POWER OF THE STATE OF GEORGIA, THE CONSOLIDATED
GOVERNMENT, OR ANY OTHER POLITICAL SUBDIVISION OF THE STATE OF
GEORGIA TO PAY THE PRINCIPAL OF THIS BOND OR THE INTEREST OR ANY
PREMIUM HEREON, OR TO ENFORCE PAYMENT HEREOF AGAINST ANY PROPERTY
OF THE FOREGOING, NOR SHALL THIS BOND CONSTITUTE A CHARGE, LIEN, OR
ENCUMBRANCE, LEGAL OR EQUITABLE, UPON ANY PROPERTY OF THE
FOREGOING. NEITHER THE MEMBERS OF THE GOVERNING BODY OF THE
CONSOLIDATED GOVERNMENT NOR ANY PERSON EXECUTING THIS BOND SHALL
BE LIABLE PERSONALLY ON THIS BOND BY REASON OF THE ISSUANCE HEREOF.
The Consolidated Government has covenanted and hereby covenants and agrees while
any Series 2012 Bonds are outstanding and unpaid to prescribe, fix, maintain, and collect rates,
fees, and other charges for the services, facilities, and commodities furnished by the System fully
sufficient at all times to: (i) provide for 100% of the expenses of operation and maintenance of
the System and for the accumulation in the Revenue Fund (as defined in the Bond Resolution) of
a reasonable reserve therefor, and (ii) produce net operating revenues in each Fiscal Year (as
defined in the Bond Resolution) that, together with certain investment earnings, will: (a) equal at
least 110% of the debt service requirement on all Prior Lien Bonds and Senior Bonds (as defined
in the Bond Resolution) then outstanding and 100% of the debt service requirement on all
Subordinate Bonds (as defined in the Bond Resolution) then outstanding, (b) enable the
Consolidated Government to make all required payments into the debt service reserve account
under the Prior Lien Resolution, the Debt Service Reserve Account and the Rebate Fund and to
any Financial Facility Issuer, any Reserve Account Credit Facility Provider, and any Qualified
Hedge Provider (as each is defined in the Bond Resolution), (c) enable the Consolidated
Government to accumulate an amount to be held in the Utility General Fund (as defined in the
Bond Resolution), which in the judgment of the Consolidated Government is adequate to meet
the costs of major renewals, replacements, repairs, additions, betterments, and improvements to
the System, necessary to keep the same in good operating condition or as is required by any
governmental agency having jurisdiction over the System, and (d) remedy all deficiencies in
Attachment number 1 \nPage 90 of 98
Item # 39
6
required payments into any of the funds and accounts mentioned in the Bond Resolution from
prior Fiscal Years.
The Bond Resolution contains a more particular statement of the covenants and
provisions securing the Series 2012 Bonds, the conditions under which the owner of this Bond
may enforce covenants (other than the covenant to pay principal of and interest on this Bond
when due from the sources provided, the right to enforce which is unconditional), the conditions
upon which additional revenue bonds may be issued on a parity or achieve parity status with this
Bond under the Bond Resolution, and the conditions upon which the Bond Resolution may be
amended with the consent of the owners of a majority in aggregate principal amount of the
Bonds (as defined in the Bond Resolution) of each class (senior and subordinate) outstanding or
the issuer of any Credit Facility (as defined in the Bond Resolution), if any, of such Bonds.
Upon the occurrence of an Event of Default under the Bond Resolution, the owner of this Bond
shall be entitled to the remedies provided by the Bond Resolution and the Revenue Bond Law.
It is hereby certified, recited, and declared that all acts, conditions, and things required to
exist, happen, and be performed precedent to and in the issuance of this Bond do exist, have
happened, and have been performed in due time, form, and manner as required by law.
This Bond shall not be entitled to any security or benefit under the Bond Resolution or
become valid or obligatory for any purpose until the certificate of authentication hereon shall
have been duly executed by the Bond Registrar.
Attachment number 1 \nPage 91 of 98
Item # 39
7
I WITESS WHEREOF , the Consolidated Government has caused this Bond to be
executed by the manual signature of its Mayor and has caused the official seal of the
Consolidated Government to be impressed on this Bond and attested by the manual signature of
its Clerk.
(SEAL)
AUGUSTA, GEORGIA
By:
Mayor
Attest:
Clerk
Attachment number 1 \nPage 92 of 98
Item # 39
8
BOD REGISTRAR’S CERTIFICATE OF AUTHETICATIO
This Bond is one of the bonds of the series described in the within mentioned Bond
Resolution.
U.S. BAK ATIOAL ASSOCIATIO,
as Bond Registrar
By:
Authorized Signatory
Date of Registration
and Authentication:
_____________________, ______
Attachment number 1 \nPage 93 of 98
Item # 39
9
VALIDATIO CERTIFICATE
STATE OF GEORGIA )
)
RICHMOD COUTY )
The undersigned Clerk of the Superior Court of Richmond County, State of Georgia,
DOES HEREBY CERTIFY that this Bond and the security therefor was validated and
confirmed by judgment of the Superior Court of Richmond County, on the ____ day of
September, 2012, that no intervention or objection was filed opposing the validation of this Bond
and the security therefor, and that no appeal of such judgment of validation has been taken.
I WITESS WHEREOF , I have hereunto set my hand and have impressed hereon the
official seal of the Superior Court of Richmond County, Georgia.
(SEAL)
Clerk, Superior Court of Richmond County,
Georgia
Attachment number 1 \nPage 94 of 98
Item # 39
10
The following abbreviations, when used in the inscription on this Bond or in the
assignment below, shall be construed as though they were written out in full according to
applicable laws or regulations:
TEN COM - as tenants in common
TEN ENT - as tenants by the entireties
JT TEN - as joint tenants with right of survivorship and not as tenants in
common and not as community property
UNIF TRANS
MIN ACT -
______________________ Custodian ______________________
(Custodian) (Minor)
under Uniform Transfers to Minors Act _____________________
(State)
Additional abbreviations may be used although not in the above list.
[FORM OF ASSIGNMENT]
ASSIGMET AD TRASFER
FOR VALUE RECEIVED, the undersigned sells, assigns, and transfers unto
(Name and Address of Assignee)
(Insert Social Security or Taxpayer
Identification Number of Assignee)
the within revenue bond of the Augusta, Georgia and does hereby irrevocably constitute and
appoint ______________________________ attorney to transfer the Bond on the books kept for
registration thereof with full power of substitution in the premises.
Dated:
(Signature Guaranteed)
Notice: Signature(s) must be guaranteed by
an eligible guarantor institution (such as
banks, stockbrokers, savings and loan
associations, and credit unions) with
membership in an approved Signature
Guarantee Medallion Program pursuant to
S.E.C. Rule 17Ad-15.
Registered Owner
Notice: The signature(s) on this assignment
must correspond with the name as it appears on
the face of the within bond in every particular
without alteration or enlargement or any
change whatsoever.
Attachment number 1 \nPage 95 of 98
Item # 39
EXHIBIT B
Tax Policy
Attachment number 1 \nPage 96 of 98
Item # 39
EXHIBIT C
OTICE OF CALL FOR REDEMPTIO
AUGUSTA, GEORGIA
WATER AD SEWERAGE REVEUE BODS
SERIES 2002
OTICE is hereby given to the owners of the following described Augusta, Georgia
revenue bonds, that said bonds have been called for redemption on October 19, 2012, said bonds
being in the aggregate principal amount of $95,740,000 known as “Augusta, Georgia Water and
Sewerage Revenue Bonds, Series 2002,” dated June 1, 2002, bearing interest at the rate per annum
set forth below opposite the principal maturity, all interest payable on April 1 and October 1 in each
year, and the principal maturing on October 1 in the years and the amounts set forth below:
Year Amount Rate CUSIP
2018 $ 4,180,000 4.50%
2027 29,695,000 5.00
2032 61,865,000 5.00
Funds for the redemption and payment of said bonds and the interest then due thereon to
October 19, 2012 will be available at U.S. Bank National Association, on October 19, 2012, and
said above-described bonds should be presented to said bank for redemption and payment on said
date. Interest on the above-described bonds designated for redemption shall cease to accrue after
the redemption date.
This notice is given under and pursuant to a Master Bond Resolution of the Augusta-
Richmond County Commission adopted on September __, 2012.
U.S. BAK ATIOAL ASSOCIATIO ,
as Paying Agent and Bond Registrar
By:
Authorized Officer
Attachment number 1 \nPage 97 of 98
Item # 39
CLERK’S CERTIFICATE
GEORGIA, RICHMOND COUNTY
The undersigned Clerk of the Augusta-Richmond County Commission (the
“Commission”), DOES HEREBY CERTIFY that the foregoing pages constitute a true and
correct copy of the resolution adopted by the Commission at an open public meeting duly called
and lawfully assembled on September ___, 2012, at which a quorum was present and acting
throughout, authorizing the issuance $___________ Augusta, Georgia Water and Sewerage
Revenue Refunding and Improvement Bonds (Second Resolution), Series 2012, the original of
said resolution being duly recorded in the Minute Book of the Commission, which Minute Book
is in my custody and control, and that said resolution was duly adopted by a vote of:
Aye ____ Nay ____ Abstain ____.
WITNESS my hand and the official seal of Augusta, Georgia this September __, 2012.
Clerk
(SEAL)
Attachment number 1 \nPage 98 of 98
Item # 39
Commission Meeting Agenda
9/18/2012 5:00 PM
Minutes
Department:Clerk of Commission
Caption:Motion to approve the minutes of the regular meeting of the
Commission held September 4, 2012.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 40
Commission Meeting Agenda
9/18/2012 5:00 PM
LEP (Limited EnglishProficiency) Plan
Department:
Caption:Motion to approve the LEP (Limited English Proficiency) Plan.
(Requested by the Law Department)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 41
Attachment number 1 \nPage 1 of 2
Item # 41
Attachment number 1 \nPage 2 of 2
Item # 41
Commission Meeting Agenda
9/18/2012 5:00 PM
Affidavit
Department:Clerk of Commission
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:
Cover Memo
Item # 42