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Home My WebLink About2012-10-16-Meeting Agenda Commission Meeting Agenda Commission Chamber 10/16/2012 5:00 PM INVOCATION: Reverend Larry Cone, Pastor, St. Paul Baptist Church. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. RECOGNITION(S) University of Georgia Carl Vinson Institute of Government A. Congratulations! Commissioner Alvin Mason for completing the required course work and receiving the Certificate of Achievement from the University of Georgia, Carl Vinson Institute of Government and the Georgia Municipal Association. Congratulations! Commissioners Matt Aitken and J.R.Hatney for completing the required course work and receiving the Certificate of Recognition from the University of Georgia, Carl Vinson Institute of Government and the Georgia Municipal Association. Attachments Five (5) minute time limit per delegation DELEGATIONS B. Mr. Andrew Garnett regarding a resolution of an old Urban Development Action Grant (UDAG) Loan. Attachments CONSENT AGENDA (Items 1-4) PLANNING 1. Z-12-56 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the following conditions 1) that the only Attachments use of the property be a private concrete recycling operation for waste concrete generated by Chaplin and Sons or those uses allowed in an Agriculture Zone; and 2) that a CEC concrete jaw crusher or equivalent equipment in size and operation be used; a petition by Chaplin and Sons, on behalf of Henry William Cameron Jr., requesting a Special Exception to establish an inert fill area per Section 26-1 (o) of the Comprehensive Zoning Ordinance affecting property containing 14.7 acres and is known under the present numbering system as 3020 Old McDuffie Road. (Tax Map 083-0-107-01-0) DISTRICT 5 2. Z-12-57 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Cynthia Cratic, on behalf of Jeffery Moffett, requesting a Special Exception to establish a Family Personal Care Home per Section 26-1 (H) of the Comprehensive Zoning Ordinance affecting property containing .13 acres and is known as 1937 Julius Street. (Tax Map 058-4-406-00-0) DISTRICT 2 Attachments PETITIONS AND COMMUNICATIONS 3. Motion to approve the minutes of the regular meeting of the Commission held October 2, 2012. Attachments OTHER BUSINESS 4. Motion to approve the rescheduling of the regular scheduled November 6th meeting to Thursday, November 8, 2012. Attachments ****END CONSENT AGENDA**** AUGUSTA COMMISSION 10/16/2012 AUGUSTA COMMISSION REGULAR AGENDA 10/16/2012 (Items 5-40) PLANNING 5. Z-12-58 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Paul E. Burton requesting a change of zoning from Zone R-1C (One-family Residential) to Zone B-1 (Neighborhood Business) affecting property containing .72 acres and is known as 1919 Watkins Street. (Tax Map 035-1-413-00-0) DISTRICT 1 Attachments 6. Z-12-59 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the condition that the only use of the property be for support parking for seasonal use by the haunted house located on Tax Map 154-0-004-01-0 and 154-0-004-02-0 or those uses allowed in a R-MH Zone; a petition by Mark Jackson and Brian Carter, on behalf of Plantation Blood LLC, requesting a change of zoning from Zone R-MH (Manufactured Home Residential) to Zone B-2 (General Business) affecting property containing approximately 2.69 acres and is known as 4127 Wallie Drive. (Tax Map 154-0-004-00-0) DISTRICT 6 Attachments PUBLIC SERVICES 7. New Ownership Application: A. N. 12 - 40: A request by Maulik Patel for a retail package Beer & Wine license to be used in connection with C. K. Food Mart, LLC DBA Bodie's located at 306 13th St. District 1. Super District 9. Attachments 8. Motion to approve and receive as information a pre-qualified list of Architectural and Engineering service providers for the Recreation, Parks and Facilities Department. Attachments 9. Motion to approve an operating budget for the Augusta Municipal Golf Course that will address anticipated operational expenses for the last quarter of FY 2012. Attachments 10. Motion to approve the full service project management and support of HEERY for Augusta Public Transit’s RFP-11-138 Architectural and Engineering Design for a Transit Operation and Maintenance Facility for Augusta, Georgia. Attachments 11. Motion to approve the Sec. 5307 Augusta Public Transit grant Attachments application between the Federal Transit Administration (FTA) and Augusta, Georgia. 12. Motion to approve AXTELL's Construction, Inc. selection and contract for the Airside Pavement Crack Repair and Marking Project as approved by the Augusta Aviation Commission at their September 27, 2012 meeting. Attachments 13. Approve forfeiture of Surety Bond for Mr. Calvin Walker, d/b/a: C B Walker Contractor. Attachments 14. Motion to approve the acceptance of the Georgia State Grant for project no. AP013-46(245) CrackSeal/ARFF Equipment in the amount of $11,979.00 as accepted by the Augusta Aviation Commission on October 10, 2012. Attachments 15. Motion to approve the Capital Improvement Program Manager's recommendation to select KAMO, Mity-Lite, MTS Seating, Southern Aluminum and US Foods as suppliers of operating equipment for the Trade, Exhibit and Event Center. Attachments 16. Motion to approve the Capital Improvement Program Manager's recommendation to select Modern Business to supply and install the furniture for the Trade, Exhibit and Event Center in the amount of $154,664.72. Attachments ADMINISTRATIVE SERVICES 17. Motion to approve FTA EEOP Submission for Augusta, Georgia. Attachments 18. Motion to approve the Administrator's recommendation for the 2013 health insurance provider for Augusta, Georgia. Attachments PUBLIC SAFETY 19. Motion to award the plumbing bid #12-201 at RYDC to Avrett Attachments Plumbing in the amount of $38,827.00. 20. Motion to approve an Intergovernmental Agreement between the Georgia Department of Juvenile Justice and Augusta, Georgia regarding the use of property formerly known as the Augusta Youth Development Center Main Building and Storage Building for a South Substation for the Richmond County Sheriff's Office. Attachments FINANCE 21. Motion to approve a request to purchase 4 vehicles for the Augusta Fire Department. Attachments 22. Discussion of the Augusta Metro Chamber of Commerce Building on Broad Street. (Requested by Mayor Copenhaver) Attachments 23. Approve the replacement of two (2) prisoner transport vans for the Richmond County Sheriff’s Office-Jail Division. Attachments 24. Motion to approve TEE Center contracts (1) Amendment to Leases and Construction, Operating,and Reciprocal Easement Agreement (2) Agreement for Right of First Refusal (3)Assignment of TEE Center Management Agreement (4)TEE Center Catering Agreement (5) TEE Center Reciprocal Easement Agreement (6) DEED. (Requested by Commissioner Jerry Brigham) Attachments 25. Motion to approve FY2013 5303 Transit Planning Assistance Contract. Attachments 26. Discussion of the two tax districts. (Requested by Commissioner Bowles) Attachments ENGINEERING SERVICES 27. Approve the assignment of the contract between Augusta and Commonwealth Data Communications, Inc. to AMCS Group relating to the customer management software for the Environmental Services Attachments Department and allow Augusta to convert to the web based software solution. 28. Approve the purchase of (1) Haybuster 2564 from H & H Equipment Sales, Inc. Attachments 29. Approve the purchase of (3) end dump trailers from Freightliner of Augusta. Attachments 30. 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 deferred from the October 2nd Commission meeting to the October 16th meeting) Attachments 31. Motion to approve the Augusta Richmond County Flood Reduction Program budget 2012 for acquisition of 35 structures. Attachments 32. Approve and receive as information the Emergency Construction Services on the Lumpkin Road Flooding and Storm Sewer System Replacement in the amount of $81,105.01 to Blair Construction; funded from SPLOST Phase VI as requested by AED. Attachments 33. Approve award of the On-Call Vegetation Maintenance Contract for Roadways, Street Shoulders, Right-of-Way Easements and Detention Ponds to Augusta Lawn & Turf, Inc., subject to receipt of signed contracts and proper bonds. Also approve $500,000 to fund the proposed on-call vegetation maintenance services. Funding is available through Fund Balance. Attachments 34. Approve the deeds of dedication, maintenance agreements, and road resolutions submitted by the Engineering and Augusta Utilities Departments for Spring Creek Village Subdivision. Attachments Upcoming Meetings www.augustaga.gov 35. Approve a street sweeping contract with Inland Services and make available the Crosswind sweeper to Daniel Field for as needed ramp and runway sweeping. Attachments 36. Motion to approve the sole source purchase from Environmental Products of Georgia of a Pipeline Inspection System Camera by Envirosight, LLC at a total cost of $81,750.00 for the Utilities Department. Attachments APPOINTMENT(S) 37. Motion to approve the reappointment of the following on the Richmond County Board of Health to a four-year term Deborah Presnell, Rosa Clemons and Shirley Evans ending 12/31/14. (Requested by Commissioner Jerry Brigham) Attachments 38. Consider the recommendation(s) of the 10th District Nurses Association to appointment one of the following to the Richmond County Board of Health: Cathy Green, Patricia Cook , Patricia Lynch-Hayes for a four year term. Attachments ADMINISTRATOR 39. Presentation of FY 2013 Augusta-Richmond County Budget. Attachments LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 40. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Commission Meeting Agenda 10/16/2012 5:00 PM Invocation Department: Caption:Reverend Larry Cone, Pastor, St. Paul Baptist 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 10/16/2012 5:00 PM University of Georgia Carl Vinson Institute of Government Department: Caption: Congratulations! Commissioner Alvin Mason for completing the required course work and receiving the Certificate of Achievement from the University of Georgia, Carl Vinson Institute of Government and the Georgia Municipal Association. Congratulations! Commissioners Matt Aitken and J.R.Hatney for completing the required course work and receiving the Certificate of Recognition from the University of Georgia, Carl Vinson Institute of Government and the Georgia Municipal Association. Background:The Harold F. Holtz Municipal Training Institute is a series of training programs for elected officials. The program has four levels of certificates; (1) Recognition, (2) Achievement, Excellence and (4) Distinction. Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 2 Commission Meeting Agenda 10/16/2012 5:00 PM Andrew Garrett Department: Caption:Mr. Andrew Garnett regarding a resolution of an old Urban Development Action Grant (UDAG) Loan. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 3 Attachment number 1 \nPage 1 of 1 Item # 3 Commission Meeting Agenda 10/16/2012 5:00 PM Z-12-56 Department:Planning Commission Caption: Z-12-56 – 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 private concrete recycling operation for waste concrete generated by Chaplin and Sons or those uses allowed in an Agriculture Zone; and 2) that a CEC concrete jaw crusher or equivalent equipment in size and operation be used; a petition by Chaplin and Sons, on behalf of Henry William Cameron Jr., requesting a Special Exception to establish an inert fill area per Section 26-1 (o) of the Comprehensive Zoning Ordinance affecting property containing 14.7 acres and is known under the present numbering system as 3020 Old McDuffie Road. (Tax Map 083-0-107-01-0) DISTRICT 5 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Cover Memo Item # 4 Administrator. Clerk of Commission Cover Memo Item # 4 Commission Meeting Agenda 10/16/2012 5:00 PM Z-12-57 Department:Planning Commission Caption: Z-12-57 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Cynthia Cratic, on behalf of Jeffery Moffett, requesting a Special Exception to establish a Family Personal Care Home per Section 26-1 (H) of the Comprehensive Zoning Ordinance affecting property containing .13 acres and is known as 1937 Julius Street. (Tax Map 058-4-406-00-0) DISTRICT 2 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 5 Commission Meeting Agenda 10/16/2012 5:00 PM Z-12-58 Department:Planning Commission Caption: Z-12-58 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Paul E. Burton requesting a change of zoning from Zone R-1C (One-family Residential) to Zone B-1 (Neighborhood Business) affecting property containing .72 acres and is known as 1919 Watkins Street. (Tax Map 035-1-413-00-0) DISTRICT 1 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 6 Commission Meeting Agenda 10/16/2012 5:00 PM Z-12-59 Department:Planning Commission Caption: Z-12-59 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the condition that the only use of the property be for support parking for seasonal use by the haunted house located on Tax Map 154-0-004-01-0 and 154-0- 004-02-0 or those uses allowed in a R-MH Zone; a petition by Mark Jackson and Brian Carter, on behalf of Plantation Blood LLC, requesting a change of zoning from Zone R-MH (Manufactured Home Residential) to Zone B-2 (General Business) affecting property containing approximately 2.69 acres and is known as 4127 Wallie Drive. (Tax Map 154-0-004-00-0) DISTRICT 6 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 7 Commission Meeting Agenda 10/16/2012 5:00 PM Alcohol Application Department:Planning & Development Caption:New Ownership Application: A. N. 12 - 40: A request by Maulik Patel for a retail package Beer & Wine license to be used in connection with C. K. Food Mart, LLC DBA Bodie's located at 306 13th St. District 1. Super District 9. Background:This is a new ownership application. Formerly in the name of John Bodie. 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 # 8 Attachment number 1 \nPage 1 of 2 Item # 8 Attachment number 1 \nPage 2 of 2 Item # 8 Commission Meeting Agenda 10/16/2012 5:00 PM Architectural and Engineering Services – Augusta Recreation, Parks and Facilities Department Department:Recreation, Parks, and Facilities Caption:Motion to approve and receive as information a pre-qualified list of Architectural and Engineering service providers for the Recreation, Parks and Facilities Department. Background:In order to provide the highest level of service for our park improvement projects, the Department routinely requires the professional services of an architect and/or engineer. With a number of proposed capital projects funded through SPLOST VI, one of the initial tasks is to retain these services for design and engineering in order to move forward. Pre-qualified firms shall be retained by the Recreation, Parks and Facilities Department for two (2) years with one (1), one (1) year renewal option. Analysis:Augusta, Georgia solicited requests for qualifications and received nine (9) submittals, with one of those nine being a No Response submittal. Eight firms were evaluated and scored with a total of seven (7) firms being recommended as qualified. The Department of Recreation, Parks and Facilities will then develop and define the scope of services for each potential project and solicit requests for proposals from these prequalified firms and determine the firm of choice based on the staff determined most responsive proposal. Financial Impact:None Currently Alternatives:1. Motion to Approve and Receive as information 2. Move No Action, thus delaying the professional services required to proceed with a number of capital improvements scheduled within our park system. Recommendation:1. Motion to Approve and Receive as information. Funds are Available in the Following Accounts: SPLOST VI Cover Memo Item # 9 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 9 Augusta Richmond County SPLOST Phase VI Fund Allocation Timeline Intergovernmental Agreement Exhibit - A1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 53 54 55 56 A B C D E F G H I J K L M N O P Q R S Category Project Estimated Project Cost 2010 2011 2012 2013 2014 2015 Total - - - - - C Pendleton King Park Foundation 200,000 - - - 200,000 - - 200,000 C Existing Structural Improvement Fund and Land Acquisition 950,000 355,000 195,000 150,000 - 250,000 - 950,000 C Augusta Common 100,000 - 100,000 - - - 100,000 C Capital Equipment 150,000 - - 150,000 - - - 150,000 C Dyess Park**800,000 - 297,000 - - - 297,000 C Lake Olmstead 600,000 150,000 50,000 - 400,000 - 600,000 C May Park 150,000 - - 150,000 - - - 150,000 C Old Government House 200,000 - - 100,000 - 50,000 50,000 200,000 C The Boathouse 450,000 300,000 - 100,000 - 50,000 - 450,000 C Elliott Park 100,000 - 75,000 - - 25,000 - 100,000 C Fleming Park 250,000 - - 125,000 100,000 25,000 - 250,000 C Fleming Tennis Center 600,000 - 50,000 350,000 - 200,000 - 600,000 C Augusta Soccer Complex 150,000 - - 150,000 - - - 150,000 C Diamond Lakes Regional 1,350,000 - 483,000 575,000 242,000 50,000 - 1,350,000 C McDuffie Woods 200,000 - - 200,000 - - - 200,000 C Augusta Golf Course 300,000 - 300,000 - - - 300,000 C H. H. Brigham Park 250,000 - 250,000 - - - 250,000 C Valley Park 250,000 - 50,000 200,000 - - - 250,000 C Wood Park 50,000 - - 50,000 - - - 50,000 C Butler Creek & Hwy 56 500,000 40,000 452,000 8,000 - - 500,000 C Brookfield Park 100,000 - 35,000 - 26,250 38,750 - 100,000 C Eisenhower Park 100,000 - - - - 100,000 - 100,000 C Warren Road Park 150,000 - 75,000 50,000 25,000 - 150,000 C Blythe Community Center 500,000 - - - 75,000 425,000 - 500,000 C Jamestown Community Center 200,000 - 50,000 - 50,000 100,000 - 200,000 C Augusta Marinas 50,000 - - - - 50,000 - 50,000 C Lake Olmstead Stadium 100,000 - 100,000 - - - 100,000 C 4-H Camp 50,000 - 25,000 - - 25,000 - 50,000 C Community Wide Tennis Court Resurfacing 150,000 - - - 30,000 95,000 25,000 150,000 C Community Wide Swimming Pool Renovations 900,000 - 250,000 350,000 100,000 100,000 100,000 900,000 C Recreation Planning - Master Plan 200,000 - - - 200,000 - - 200,000 C Administration 1,000,000 - 200,000 - 200,000 400,000 200,000 1,000,000 Total for Recreation and Parks 11,100,000 845,000 2,215,000 3,480,000 1,273,250 2,408,750 375,000 **10,597,000 Revised May 2012 Projected Availability Date of Funds 7/11 9/12 10/13 7/14 7/15 **Dyess Park - $503,000 coming from CDBG Parks, Recreation 1 At t a c h m e n t n u m b e r 1 \ n P a g e 1 o f 1 It e m # 9 Request for Qualifications Request for Qualifications will be received at this office until Friday, August 24, 2012 @ 11:00 a.m. for furnishing: RFQ Item #12-179 Architectural and Engineering Services for Recreation, Parks & Facilities Department RFQs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30901 RFQ documents may be viewed on the Augusta Georgia web site under the Procurement Department ARCbid. RFQ documents may be obtained at the office of the Augusta, GA Procurement Department, 530 Greene Street – Room 605, Augusta, GA 30901. A Mandatory Pre Qualifications Conference will be held on Wednesday, August 8, 2012 @ 11:00 a.m. in the Procurement Department, 530 Greene Street, Room 605. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, August 10, 2012 @ 5:00 p.m. No RFQ will be accepted by fax, all must be received by mail or hand delivered. No RFQ may be withdrawn for a period of 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 RFQ number on the outside of the envelope. Bidders are cautioned that acquisition of RFQ documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RFQ documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle July 12, 19, 26, 2012 and August 2, 2012 Metro Courier July 18, 2012 cc: Tameka Allen Deputy Administrator Bill Shanahan Interim Director, Recreation, Parks & Facilities Department Ron Houck Recreation, Parks & Facilities Department Maurice McDowell Recreation, Parks & Facilities Department Revised: 8/15/2011 Attachment number 2 \nPage 1 of 1 Item # 9 Planholders List - Onvia DemandStar Login I Register I BEMANDSTAR qOllVlA Home My DemandStar Planholders List Member Name Bid Number Bid Name 70 Planholde(s) found. Buyers Suppliers Account lnfo City of Augusta, GA (Augusta Commission) RFQ-1 2-1 79-0-2012tP JM Architectural and Engineering Services Page I ofl Pagel of 7 firstlprevious Inextllast Format for Printing ll!-9-.[} I searctr _J' [ .. ^"*rn I Demandstarisaproductof onyia,lnc. (c)1997-2012.Allrightsreserued. I Termsofuse I privacy Supplier Name I City State Phone Fax Ajax Building Corporation Midway FL 850224957 1 8502242496 AMEC Alpharetta GA 352332331 8 3523336622 American Consulting Engineers of Florida, LLC Wesley Chapel FL 8 1 34352600 8 1 3435260 1 Architecls Design Group, lnc.Winter Park FL 407647 1706 4076455525 Ayres Associates lnc.Tampa FL 8 1 39788688 8 1 39789369 Bergmann Associates Jacksonville FL 9043633 1 33 9043633203 Calvin, Giordano & Associates. lnc.Fort Lauderdale FL 9549217781 9549218807 Cambridge Systematics, Inc.Cambridge MA 617354A167 6173541542 Cardno TBE Clearwater FL 800861 8314 7274311785 Carl Walker Kalamazoo I\,4 I 2693812222 2692816422 http://www.demandstar.com/supplier/bids/planholder_list.asp?_PU:Yo2Fsupplier%2Fbids... lO/l/2012 Attachment number 3 \nPage 1 of 7 Item # 9 Planholders List - Onvia DemandStar Login I Register I BEMAilIDSTAR ryOt{Vlfi Home My Demandstar Planholders List Member Name Bid Number Bid Name 70 Planholde(s) {ound. Buyers Supplierc Account Info FAes City of Augusta, GA (Augusta Commission) RFQ- 1 2-1 79-0-2 012tP JM Architectural and Engineering Services I Privacy Page 1 ofl Help Page2 of7 firstl previous I nextl lasl Format for printing iN9 ,E i searctr ] [ .. t"rrn I Demandstar is a product of Onvia, lnc- (c) ,lgg7-2012. N nghts reserved. I Tems of Use http://www.demandstar.com/supplier/bids/planholder_list.asp?_PU:%2Fsuppli er%o2Fbid,s... 1o/ll2012 Supplier Name I City Slate Phone FarChristopher Booker & Associates. pC Augusta GA 7067986792 7067982836 Civil Services lnc Jacksonville FL 9046411834 9046450057 Clemons Rutherford & Assoc lnc Tallahassee FL 8503856 1 53 8503868420 Construction Journal, Ltd.Stuarl FL 80078551 6s 8005817204ConstuctWorksChicagoIL87773764823122757197 Cooper Carry, lnc Atlanta GA 4042372000 4042370276 CT Cultural Group Washington DC 6 1 33555923 87731 87386Digital Aerial Solutions, LLC Tampa FL 8 1 36280788 8136280777 ENTRIX lnc - Southeast Riverview FL B1 36644500 8'136640440 Facility Engineering Associates Fairfax 70359 1 48ss 70359148s7 Attachment number 3 \nPage 2 of 7 Item # 9 Planholders List - Onvia DemandStar Login I Register I DEMANDSTAR uyOilYl/l Home My DemandStar Planholders List Member Name Bid Number Bid Name 70 Planholde(s) found. Buyers Suppliers Account Info FAes City of Augusta, GA (Augusta Commission) RFQ-1 2-1 79-0-2 012tP JM Architectural and Engineering Services Page 1 of I Help Page3 of 7 firstl previous I nextl last Format for printing lNo H I searctr l^ [ * nerrrn j Demandstarisaproductof onvia,rnc. (c)'r997-2012.Arrrightsreserued. I TernsofUse I privacy Supplier Name I City State Phone Fax FAnderson LLC Ft. Lauderdale FL 9548955503 3056275419Farnsworth Group Normal IL 3096638436 1234123456GSSTJAtlantaGA40452288054045212118 H{-K Engineering Group Savannah GA 9122011807 9122011703H2Engineering, lnc Tallahassee FL 8502247922 8502245876HADP Architecture, lnc Coral Gables FL 3054761 102 1 111111111Heery Design Orlando FL 4079926300 4079926399Hypertect, inc Roseville MN 6516310172 651 63 1 8253lnlegral Group, LLC Alexandria 70331 01 087 70331 01 000ISES Corporation Stone Mountain 7708797376 7708797376 http://www.demandstar.com/supplier/bids/planholder_list.asp?_pU:%o2Fsupplier%2Fbids... 1ol1/2012 Attachment number 3 \nPage 3 of 7 Item # 9 Planholders List - Onvia DemandStar Login I Register I DEMANDSTAR rv ONYIfi Home My DemandStar Planholders List Member Name Bid Number Bid Name 70 Planholde(s) found. Page I ofl Help Buyers Supplierc ,Account lnfo FAes City of Augusta, GA (Augusta Commission) RFQ-1 2-1 79-0-2012tP JM Architectural and Engineering Services Page4 of 7 firstlprevious Jnextllast Format for printing lN-",EI I searcrr -!'l ( .. t"*rn I Demandstarisaproductof onvia,rnc. (cr1gg7-2o12.Nrrightsreserued. I Tennsoruse I privacy Supplaer Name I City State Phone Faxisqft - MAIN ACCI'Cincinnati OH 8772271680 86657081 87J W Robinson & Associates, lnc.Atlanta 4047534129 4047534435JE Dunn Atlanta 770551 8883 7705518483Kimley-Horn cary NC 9196772000 91967720s0Kisinger Campo & Associates Corp.Tampa FL 81 3871 5331 813871 51 35LBYD. lnc Birmingham AL 2052514500 2053244181LKG-CMC, lnc.Glendale CA 8 1 88440800 8 1 88440806Lord Aeck Sargent Architecture Atlanta 4042536723 0000000000McCall & Associates, lnc.Valdosla 2292422551 2292448358Metadigm Engineering Cleveland TN 4235591342 423559 1 368 http://www.demandstar.com/supplier/bids/planholder-list.asp?_PU:%o2Fsupplier%2Fbids... l0/ll20l2 Attachment number 3 \nPage 4 of 7 Item # 9 Planholders List - Onvia DemandStar Page 1 of 1 Login I Register I DEMANDSTAR uyOilYlfi Home My DemandStar Buyers Suppliers Account lnfo FAes Planholders List Member Name City of Augusta, GA (Augusta Commission) Bid Number RFe_i2_179_0_2O12tpJM Bid Name Architectural and Engineering Services 70 Planholde(s) found. Help Page5of 7 firstl previousl nextl lasl Format for printing Ng Ei f searcn 'i i. .. n"u6 I Demandstarisaproductof onvia,rnc. (c)'r997-20r2.Arrrightsreserved. I TermsofUse I privacy Supplier Name I City State Phone FaxMichael Baker Corporation Moon Township PA 800553'1 1 53 7574630503NOVAKennesawGA77042507777704251113Onvia, lnc. - Content Departmenl Seattle WA 2063739500 8882637801Pond & Company Norcross 6783367740 6783367744PSrCastle Rock CO 3038057323 3038054906Reynolds, Smith and Hills, lnc. atttention: Sue Skinner Jacksonville FL 9042562500 9042562501Robert M Stafford lnc Charlotte NC 704s979000 7045975262 Reno NV 7758535507 7756248481S&ME, lnc Augusta GA 7067296917 7067296920S. L. King Technologies Allanta GA 4048324950 4048324826 http://www.demandstar.com/supplier/bids/planholder_list.asp?_pu:%2Fsupplier%2Fbids... l0/112012 Attachment number 3 \nPage 5 of 7 Item # 9 Planholders List - Onvia DemandStar Login I Register I DEMANDSTAR ry ONYIfi Home My DemandStar Planholders List Member Name Bid Number Bid Name 70 Planholde(s) found. Suppliers Account lnfo City of Augusta, GA (Augusta Commission) RFQ-1 2-1 79-0-2012tP JM Architectural and Engineering Services Page I of 1 Page6ofT firstl previous I nextl last Format for printing lN".E i' s."r"t 'i i' .. nen,rn I Demandstar is a product of orv:a, rnc. (c) 1997-2012. Alr righls reserved. I Terms of Use I privacy Supplier Name I City State Phone Fax Schnabel Engineering Associates, lnc.West Columbia SC 61 06966066 8037966250Seamar Divers, LLC Miami FL 3058056896 3058056899Sizemore Group Atlanta GA 4046050690 4046050890 Smallwood, Reynolds, Stewart, Stewart & Associates, lnc Atlanta GA 4042335453 4042640929 So-Deep, lnc.Covington GA 678342277s 6783427918 Stantec Naples FL 2396494040 2392636422 Strollo Arch itects lncorporated Orlando FL 4074235355 4074225994 The Jaeger Company Gainesville 7705340506 7705340507I hompson Engineering Atlanla 40457 41985 4045741990 Tillman and Associates Engineering Ocala FL 3523071947 3523072420 http://www.demandstar.com/supplier/bids/planholder_list.asp?_PU:o/o2Fsupplieryo2Fbids... lo/ll2012 Attachment number 3 \nPage 6 of 7 Item # 9 Planholders List - Onvia DemandStar Login I Register I DEMANDSTAR uv OilYlfi Home My DemandStar Planholders List Member Name Bid Number Bid Name 70 Planholde(s) found. Buyers Suppliers Account lnfo FAes City of Augusta, GA (Augusta Commission) RFQ-1 2-1 79-0-2012/P JM Architectural and Engineering Services Page 1 of I Help PageT of 7 first I previous I next I last Format for Printing iM H i' s."r"tr 'i [ .. n"t m I Demandstarisaproductof onvia,lnc. (c)i997-2ol2.Allrightsreserved. I Termsofuse I privacy Supplier Name I City State Phone Fax U.S. Cost, lncorporated Dallas TX 2146303994 2146311352 Universal Engineering Sciences lnc Orlando FL 4074230504 4074233106 URS Corporation - Transportation Atlanta GA 6788088800 6788088400 Weidlinger Associates New York NY 2123672855 2124972355 Westin Engineerring Richmond 8053644657 8043641111 Wnbourne Consulting, LLC Arlington 2027376001 2025s82094 WK Dickson & Co, lnc Charlotte NC 7043345348 7043340078 Wolverton & Associates, Inc Duluth GA 7704478999 7704479070 Woodr Partners Inc HILTON HEAD ISLAND Q'84368 1 661 8 8436817087 YSMDesign Atlanta 4042494sss 4043556394 http://www.demandstar.com/supplier/bids/planholder_list.asp?_PU:Yo2Fsupplier%2Fbids... 1O/l/2012 Attachment number 3 \nPage 7 of 7 Item # 9 RFQ Item #12-179 Architectural and Engineering Department for Recreation, Parks and Facilities Department RFQ Due: Friday, August 24, 2012 @ 11:00 a.m. Company Name First Name Last Name Address Line 1 Add 2 City Stat e ZIP Code TVS DESIGN 2700 PROMEANADE TWO 1200 PEACHTREE ST., NE ATLANTA GA 30309 BRPH, INC MARK VIDEKOVICH 2000 POWERS FERRY RD STE 600 MARIETTA GA 30067 KRAFRA PO Box 6643 N AUGUSTA SC 29861-6643 ZEL ENGINEERS JORGE JIMINEZ 435 TELFAIR STREET AUGUSTA GA 30901 JOHNSON LASCHOBER & ASSOCIATES 1296 BROAD STREET AUGUSTA GA 30901 EMC ENGINEERING SERVICES 4106 COLBERN BLVD, SUITE 105 EVANS GA 30809 H LAWSON GRAHAM & ASSOCIATES 3662 WHEELER ROAD AUGUSTA GA 30909 CRANSTON ENGINEERING GROUPSCOTT WILLIAMS 452 ELLIS STREET P O BOX 2546 AUGUSTA GA 30903-2546 W R TOOLE ENGINEERS INC RICK TOOLE 1005 BROAD STREET STE 200 AUGUSTA GA 30901 MOORE & ASSOCIATES ENGINEERING 1009 EAST AVENUE N AUGUSTA SC 29841 ARCADIS 1450 GREENE STREET AUGUSTA GA 30901 ONESOURCE ENGINEERING 4210 COLUMBIA ROAD MARTINEZ GA 30907 SOUTHERN PARTNERS INC 1233 AUGUSTA WEST PARKWAY AUGUSTA GA 30909 SWIFT JAMES & ASSOCIATES 1206 INTERSTATE PARKWAY AUGUSTA GA 30909 WK DICKSON & CO 1450 GREENE STREET AUGUSTA GA 30901 2 KM ARCHITECTS 275 WRIGHTSBORO ROAD AUGUSTA GA 30904 PM & A CONSULTING ENGINEERS 609 BROAD STREET AUGUSTA GA 30901 NICHOLAS DICKINSON & ASSOCIATES 771 BROAD STREET STE 200 AUGUSTA GA 30901 VIRGO GAMBILL ARCHITECTSSTEVEN VIRGO 2531 CENTERWEST PARKWAY STE 200 AUGUSTA GA 30904 PRUETT FORD & ASSOCIATES 1201 BROAD STREET AUGUSTA GA 30901 HEATH & LINEBACK ENGINEERS INCMASOODSHABAZAZ 2390 CANTON ROAD Bldg 200 MARIETTA GA 30066 1 Attachment number 4 \nPage 1 of 2 Item # 9 RFQ Item #12-179 Architectural and Engineering Department for Recreation, Parks and Facilities Department RFQ Due: Friday, August 24, 2012 @ 11:00 a.m. Company Name First Name Last Name Address Line 1 Add 2 City Stat e ZIP Code Recreation Parks & Fac Dept Maurice McDowell Recreation Parks & Fac Dept Ron Houck RFQ #12-179 Architectual & Engineering Services for Recreation Parks & Fac Dept RFQ Due: Fri 8/24/12 @ 11:00 a.m.PO Box 6643 North Augusta, SC 29861-6643 2 Attachment number 4 \nPage 2 of 2 Item # 9 Attachment number 5 \nPage 1 of 1 Item # 9 Evaluation Criteria PTS Alan Venable Architect, LLC 309 Eleventh Street Augusta, GA 30901 Cranston Engineering Group 452 Ellis Street Augusta, GA 30903- 2546 Johnson Laschober & Associates 1296 Broad Street Augusta, GA 30901 Moreland Altobelli Associates 2211 Beaver Ruin Road Ste 190 Norcross, GA 30071 Virgo Gambill Architects 2531 Centerwest Parkway, Ste 200 Augusta, GA 30904 W R Toole Engineers Inc 1005 Broad Street Ste 200 Augusta, GA 30901 WK Dickson & Co 1450 Greene Street Augusta, GA 30901 The Jaeger Company 119 Washington Street NE Gainesville, GA 30501 1. Record of experience in designing urban parks of at least 5 acres in size.10 6.7 8.3 9.3 7.3 8.0 8.3 7.7 8.7 2. Experience in working with diverse community and governmental constituencies to reach a consensus in design excellence. 20 16.0 18.0 19.0 17.0 18.0 18.3 17.7 18.3 3. Professional qualifications necessary for satisfactory performance of required service.20 16.7 18.0 19.0 17.7 17.0 18.3 17.7 18.3 4. Specialized experience and technical competence in the type of work required.10 6.7 8.7 9.0 8.0 8.0 8.3 8.0 8.7 5. Capacity to accomplish the work in the required time.10 7.7 8.0 9.0 7.7 8.3 8.3 7.0 8.3 6. Past performance on projects of similar scope and nature in terms of cost control, quality of work and compliance with performance schedules and standards. 10 7.0 8.0 9.0 7.7 8.3 8.3 7.7 9.0 7. Experience of individuals assigned to this project has designed urban parks.10 7.0 8.3 9.0 8.0 8.3 8.3 7.7 9.3 8. Past experience in creating a park which serfs as a destination and attraction for local residents. 5 3.7 4.7 4.7 4.0 4.0 4.0 4.3 4.7 9. Quality of team design as evidenced by design and special recognition award(s).5 3.0 4.0 4.7 3.0 4.3 4.0 3.0 4.3 Total 100 74.3 86.0 92.7 80.3 84.3 86.3 80.7 89.7 Cumulative Evaluation Sheet RFQ Item #12-179 Architectural and Engineering Services for Augusta, Georgia - Recreation, Parks & Facilities Department Attachment number 6 \nPage 1 of 1 Item # 9 Attachment number 7 \nPage 1 of 3 Item # 9 Attachment number 7 \nPage 2 of 3 Item # 9 Attachment number 7 \nPage 3 of 3 Item # 9 Commission Meeting Agenda 10/16/2012 5:00 PM Augusta Municipal Golf Course Operating Budget Department:Recreation, Parks and Facilities Caption:Motion to approve an operating budget for the Augusta Municipal Golf Course that will address anticipated operational expenses for the last quarter of FY 2012. Background:Due to the previous Lessee defaulting on their contract with Augusta, Georgia to lease the operations of the Augusta Municipal Golf Course (The Patch), the Department of Recreation, Parks and Facilities has assumed the day-to-day operations of The Patch. Currently in the 2012 budget assigned to the Department, there is no operating budget to manage this operation even on an interim basis. Analysis:The day to day management of the Municipal Golf Course operations is being provided internally by the Recreation, Parks and Facilities Department. During this interim operation, Augusta, Georgia is seeking Requests for Proposals for Professional Services for management operations at the Municipal Golf Course. The RFP submittals are due to the City of Augusta on October 5, 2012. Included in the RFP are three options for Augusta to evaluate, based upon proposals received. These options are for a 1. Management Contract, 2. Lease Contract, and for a 3. Purchase Agreement. Financial Impact:The proposed budget that the Department is recommending to operate on from October through December of 2012 is $49,869.00. The budget recommendations are presented with the least amount of financial impact to Augusta, Georgia while maintaining a safe operation for the patrons to enjoy this activity with reasonable expectations. Alternatives:1. To Approve an operating budget of $49,869.00 for the Department of Recreation, Parks and Facilities to manage the Augusta Municipal Golf Course, on an interim basis, through the last quarter of FY 2012. 2. Move no Action, thus requiring the Department to incur operating expenses above and beyond the approved funding level within the 2012 Department budget. Cover Memo Item # 10 Recommendation:1. To Approve an operating budget of $49,869.00 for the Recreation, Parks and Facilities Department to manage the operations of The Patch on an interim basis through the remaining calendar year. Funds are Available in the Following Accounts: TBD REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 10 Augusta Golf Course 10/01/12 - 12/31/12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A B C Object Description Budget 5111110 Permanent Full-Time S&W Regular 13,277.00 5111210 Permanent Part-Time S&W Regular 9,792.00 5113110 Permanent Full-Time S&W Overtime 2,500.00 5222419 Other Lawn Care/Pesticides 0.00 5223112 R&M Equipment 750.00 5224213 Golf Carts/Equipment Rental 7,200.00 5232110 Telephone 850.00 5223119 Other Advertising 0.00 5236131 Credit Card Service Charge 0.00 5311110 General Supplies and Materials 1,000.00 5311111 General Office Supplies 0.00 5311112 Cleaning Supplies 150.00 5311113 Ground Supplies/Garbage Bags 150.00 5311311 Fertilizer 0.00 5311911 Soil&Sand 0.00 5311917 Range Supplies 0.00 5312110 Water&Sewerage 1,200.00 5312310 Electricity 7,500.00 5312710 Gasoline 3,000.00 5313110 Food 500.00 5319120 R&M Building 0.00 5319130 R&M Equipment 2,000.00 5319140 R&M Vehicles 0.00 5319150 R&M Grounds 0.00 49,869.00 Attachment number 1 \nPage 1 of 1 Item # 10 Commission Meeting Agenda 10/16/2012 5:00 PM Augusta Public Transit - Highway 56 Project Department:Augusta Public Transit Caption:Motion to approve the full service project management and support of HEERY for Augusta Public Transit’s RFP-11-138 Architectural and Engineering Design for a Transit Operation and Maintenance Facility for Augusta, Georgia. Background:Augusta Public Transit will be moving to 2950 Mike Padgett Highway. This item will be 80% federally funded and 20% locally funded. Due to the Federal Transit Administration (FTA) requirements such as Independent cost estimate, and constructability reviews in Circular 5010.1D Grant Management Requirements, Circular 4220.1F Third Party Contracting Guidance and the Master Agreement, we must have a project manager to follow the project from beginning to end and Transit does not have a construction manager. HEERY has also assisted in project management for the Athens, Transit facility, which gives them some experience with Transit projects. Analysis:The approval of this request will allow Augusta Public Transit to move along in making the necessary renovations to the Administration and Maintenance facilities with the oversight required. Financial Impact:This item will be 80% federally funded and 20% locally funded. Alternatives:If the project management team is not approved, it will delay the progress of the project. Recommendation:Approve the request for the project manager from HEERY, so that Transit can move forward with the project. Funds are Available in the Following Accounts: 2013 Budget Cover Memo Item # 11 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 11 Commission Meeting Agenda 10/16/2012 5:00 PM Augusta Public Transit Grant Application - GA-90-X-320 Department:Augusta Public Transit Caption:Motion to approve the Sec. 5307 Augusta Public Transit grant application between the Federal Transit Administration (FTA) and Augusta, Georgia. Background:APT has been awarded $2,747,086 to be utilized for the renovation project at 2950 Mike Padgett Highway and fuel. This item will be 80% federally funded and 20% locally funded. The State portion is not available at this time to due to state funding cutbacks, however, monies may be made available at a later date. Analysis:The approval of this grant application will allow Augusta Public Transit to make the necessary renovations to the Administration and Maintenance facilities. Financial Impact:The funding for this application is 80% federal $2,197,668, and 20% Local $549,418. Alternatives:None. If you do not approve this grant, we will lose the money. This money will be used to help fund Transit to complete its projects. Recommendation:Approve the submission of this grant application. Funds are Available in the Following Accounts: 2013 budget REVIEWED AND APPROVED BY: Finance. Law. Administrator. Cover Memo Item # 12 Clerk of Commission Cover Memo Item # 12 Attachment number 1 \nPage 1 of 1 Item # 12 Commission Meeting Agenda 10/16/2012 5:00 PM AXTELL'S Construction, Inc. Selection & Contract Approval Department:Augusta Regional Airport Caption:Motion to approve AXTELL's Construction, Inc. selection and contract for the Airside Pavement Crack Repair and Marking Project as approved by the Augusta Aviation Commission at their September 27, 2012 meeting. Background:The airfield pavements are in need of a preventative maintenance program to assist in extending the pavement life. The program consists of cleaning, routing and filling existing pavement cracks to ensure water does not infiltrate the pavement base. In addition, the existing pavement markings are in need of re-marking to provide sufficient reflectivity. The Augusta Aviation Commission through the County Procurement Department issued a Request For Bids (RFB) for a Contractor to perform the tasks required by the design documents. As a result, two (2) bids were received. AXTELL’S Construction, Inc. - $356,384.10 (Low Bidder) Peek Pavements, Inc. - $430,999.24 Analysis:County Procurement has reviewed the information provided at the bid opening and found the information provided to be complete. AXTELL’S Construction, Inc. has completed several similar airport projects on time and within budget. A contract has been drafted to include all terms and conditions of the scope of work to be performed by AXTELL Construction, Inc. Financial Impact:In reviewing the bids, it was determined that AXTELL’S Construction, Inc. was the lowest, responsible and responsive bidder with a bid of $356,384.10. Alternatives:Deny request. Recommendation:Approve AXTELL'S Construction, Inc. selection and contract in the amount of $356,384.10 Funds are Available Cover Memo Item # 13 in the Following Accounts:551081301-5412110 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 13 Attachment number 1 \nPage 1 of 49 Item # 13 Attachment number 1 \nPage 2 of 49 Item # 13 Attachment number 1 \nPage 3 of 49 Item # 13 Attachment number 1 \nPage 4 of 49 Item # 13 Attachment number 1 \nPage 5 of 49 Item # 13 Attachment number 1 \nPage 6 of 49 Item # 13 Attachment number 1 \nPage 7 of 49 Item # 13 Attachment number 1 \nPage 8 of 49 Item # 13 Attachment number 1 \nPage 9 of 49 Item # 13 Attachment number 1 \nPage 10 of 49 Item # 13 Attachment number 1 \nPage 11 of 49 Item # 13 Attachment number 1 \nPage 12 of 49 Item # 13 Attachment number 1 \nPage 13 of 49 Item # 13 Attachment number 1 \nPage 14 of 49 Item # 13 Attachment number 1 \nPage 15 of 49 Item # 13 Attachment number 1 \nPage 16 of 49 Item # 13 Attachment number 1 \nPage 17 of 49 Item # 13 Attachment number 1 \nPage 18 of 49 Item # 13 Attachment number 1 \nPage 19 of 49 Item # 13 Attachment number 1 \nPage 20 of 49 Item # 13 Attachment number 1 \nPage 21 of 49 Item # 13 Attachment number 1 \nPage 22 of 49 Item # 13 Attachment number 1 \nPage 23 of 49 Item # 13 Attachment number 1 \nPage 24 of 49 Item # 13 Attachment number 1 \nPage 25 of 49 Item # 13 Attachment number 1 \nPage 26 of 49 Item # 13 Attachment number 1 \nPage 27 of 49 Item # 13 Attachment number 1 \nPage 28 of 49 Item # 13 Attachment number 1 \nPage 29 of 49 Item # 13 Attachment number 1 \nPage 30 of 49 Item # 13 Attachment number 1 \nPage 31 of 49 Item # 13 Attachment number 1 \nPage 32 of 49 Item # 13 Attachment number 1 \nPage 33 of 49 Item # 13 Attachment number 1 \nPage 34 of 49 Item # 13 Attachment number 1 \nPage 35 of 49 Item # 13 Attachment number 1 \nPage 36 of 49 Item # 13 Attachment number 1 \nPage 37 of 49 Item # 13 Attachment number 1 \nPage 38 of 49 Item # 13 Attachment number 1 \nPage 39 of 49 Item # 13 Attachment number 1 \nPage 40 of 49 Item # 13 Attachment number 1 \nPage 41 of 49 Item # 13 Attachment number 1 \nPage 42 of 49 Item # 13 Attachment number 1 \nPage 43 of 49 Item # 13 Attachment number 1 \nPage 44 of 49 Item # 13 Attachment number 1 \nPage 45 of 49 Item # 13 Attachment number 1 \nPage 46 of 49 Item # 13 Attachment number 1 \nPage 47 of 49 Item # 13 Attachment number 1 \nPage 48 of 49 Item # 13 Attachment number 1 \nPage 49 of 49 Item # 13 Attachment number 2 \nPage 1 of 4 Item # 13 Attachment number 2 \nPage 2 of 4 Item # 13 Attachment number 2 \nPage 3 of 4 Item # 13 Attachment number 2 \nPage 4 of 4 Item # 13 Sealed bids will be received at this office on Friday, August 31,2A12 @ 11 :00 a.m. for furnishing: Bid ltem 12-185 Airside Pavement crack Repair and Marking project for Augusta RegionatAirport Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: GeriA. 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 sh'ail Oe obtained by all prlme, subcontractors and suppliers exclusively frorn Augusta Blue Print. The fees for the plans and specifications foi eactrp@ect which are non.refundable is $75.00. It is the wish of the Owner that all businesses are given the opportunity to submit on this project. To facilitate thispoli'cy the_Ow1er is pro^vrding the-opporiunrty to vr'ew plans online (yylyuaus.usle-Uge.lgu) it no cfrarge throughAugusta Blue Print (706 722-6488) beginning Thursday, April 19, 2012 Bidders-are cautionea thut "iuriiting"upackage without Procurement of a complete set are likely to overlook issues of construction phasing, Aefiver/oigoods or services, or coordination with other work that is materiat lo the successful completion of ihe project. Biddersare cautioned that acquisition of documents through any other source is not advisabie. Acquisition of documentsfrorn unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information uponwhich to base his qualifications. A Mandatory Pre Bid Conference wlll be held on for Tuesday, August 14,2012 @ ii:00 a.m. in theProcurement Department in the Procurement Department,530 dreenJstreet,'Room 005. There will be amandatory site visit at the airport immediately following. All guestions must be submitted in writing by fax to 206 Oz1-2g11 or by ernail topfocbidgn4-9ontr3.g!@,aIgustasa'sq"v to the office of the Frocurement Department by Thursday, August i6,2012 @ 5:00 P.M. No bid willbe accepted byfax, all must be received by mail or hand delivered. No Bid may be withdrawn for a period of 60 days after time has been catled on the date of opening. A 10% Bid bondis required to be submitted along with the bidders' gualifications; a 100% performance bond and a 100%payment bond will be required for award. The Local Bidder preference program is not applicabte to this solicitation as this is a federalty fundedproject. Atl federal provisions and regulations referred to, or set forth in this solicitation document, shall beadhered to by all bidders. Failure to provide ANY documentation required by the federal or Augusta, Ceorgiaregulations shall cause the bid to be rejected. lnvitation for bids and specificafibns. An invitation for bids shall be issued by the Procurement Office and shall includespecifications prepared in accordanco with Article 4 (Product Specifications), and all contractual terms andcondltions' applicable to the procurement. All specific requirements contained in the invitation to bid inctuaing,but not limited to, the number of coples needed, the timing of the submission, the required financial dati,and any other requirements designated by the Procuremeni Department are considered material conditionsof the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modifyany such material condition shall be submitied through the Procurement Director to the appiopriate committee of theAugusk, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on theoutside of the envelope. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle Metro Courier cc: Tameka Allen Gary LeTellier Clarence Fennell Revised: 8lt5/2ol,- July 19, 26, August 2,9,2012 July 25,2012 Deputy Administrator Augusta Regional Airport Augusta Regional Airport Bid 12-185 Airside Pavement Crack Repair & Marking project Page 4 of 51 Attachment number 3 \nPage 1 of 1 Item # 13 Bid ltem #12-185 Airside Pavement Crack Repair and Marking Project for Augusta, Georgia - Augusta Regional Airport Bid Due: Friday, August 31,2012 @ 11:00 a.m. VENDORS Attachment B E-Veriff #Addendum I Bid Bond Base Bid Axtell's lnc 1586 Heart Lake Road Jermyn, PA 18433 Yes 591742 Yes Yes $356,384.10 Peek Pavement Marking 4600 Peek lndustrial Drive Golumbus, GA 31909 Yes 41699 Yes Yes $430,999.24 Mabus Brothers Construction 920 Molly Pond Road Augusta, GA 30901 Reeves Construction 101 Sheraton Court Macon, GA 31210 Beam's Gontracting 15030 Atomic Road Beech lsland, SC 29842 tlVallAsphalt 617 Rockmart Road Villa Rica, GA 30108 Scodeller Construction 51722 Grand River Wixom, M148393 Page 1 of 1 Attachment number 4 \nPage 1 of 1 Item # 13 BLAIR CONSTRUCTION ATTN PATRICKDILLARI) P.O. BOX 770 EVANS GA3O8O9 MOORIIEAD CONSTRUCTION ATTN DON MOORIIEAI) 1513 ANDERSON STREET BELTON 5C29627 C&HPAVINGINC 167 KNOXRTVERS ROAI) THOMSON GA 30824 PAVEWAY OF'AUGUSTA 1353 GORDON HIGIIWAY PO BOX 660 AUGUSTA GA 30903 WALKER AND WHITESKILL INC ATTN: BENJAMIN BETSILL 10 RAMSEUR COI]RT GREENVILLE,SC 29607 BROOKS-BERRY-HAYNIE & ASSOCIATES ATTN: ALEX OWEN 600 DISCOVERY PLACE SE MABLETON, GA30126 CLARENCEBENNELL AUGUSTA REGIONAL AIRPORT BEAMS CONTRACTING ATTN BUDDY ROWLAND 15030 ATOMIC ROAI) BEECH ISLAND SC 29842 REEVES CONSTRUCTION ATTN CHARLES BOYD PO BOX 1129 AUGUSTA GA 30903 RUBY-COLLTNS,INC. ATTN: BOBBY CATES 4806 WRIGHT DRIYE sMyRNA,cA30082 JOrrN STEPHENS,INC. ATTN STEVENARCHER 272 HURRICANE SHOALS ROAI) LAWRENCEVILLE, GA 30045 EVERETTDYKES ATTN: STEVERAFFIELD 1338ITIGIIWAY 112 cocHRAN, cA31014 MASASANNA CONSTRUCTION 135 CELTIC BOI]LEVARI) TYRONE, cA 30290 WONNE GENTRY AUGUSTALSB OFFICE BID ITEM #12-185 AIRSIDE PAVEMENT CRACK REPAIR AND MARI(NG PROJECT FOR AUGUSTA REGIONAL AIRPORT MAILED OUT THURSDAY O7II9II2 MABUS BROS CONSTRUCTION ATTN JEFFCOOPER 920 MOLLY POND ROAI) AUGUSTA GA3O9O1 CONSTRUCTION PERFECTED INCATTN BRANDON COOPER 587 CEERRYAVENUE NORTH AUGUSTA SC 29841 SOUTHERN SITE DESIGN ATTN LEEJEFFCOAT PO BOX 2327 EVAI\IS GA 30809 C. A. MURREN ATTN: RON BURCKHALTER 3350 BRECKENRIDGE DULUTH, cA 30096 APAC.TENNESSEE,INC ATTN: RONNIE ASHMORE P. O. BOX 127 GREENVILLE, SC 29602 GARYLETELLIER AUGUSTA R-EGIONALAIRPORT CONTRACT MANAGEMENT ATTN: BARRETT BOWDEN 1827 I<ILLTN SWORTH ROAI) AUGUSTA, cA 30904 BID ITEM #12.185 AIRSIDE PAVEMENT CRACK REPAIR AND MARIilNG PROJECT FOR AUGUSTA REGIONAL AIRPORT BID DIIE: FRI08/31/12 @ lt:00 A. M. 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Attachment number 6 \nPage 2 of 2 Item # 13 NElt(\l(OOlO(\l@o$tt(oc)(o()d,N6k)TOFO(o(o6btsO(ONrtCD(Dolairi!:*"i"i*"lt+rrr@N-it@*N(ol\* + 6 N (O- lf' rct N o (l) ti 3 ,A d 9E ci ,6 + cl 6 .56 l\ O :F (O O O 6l NlL N (t i- -6 N t- O) @ O) t (\t(o(o O)(\l(o(ooNO) (o(q o FNo (Do@ E egs(q (.) tof 8psPor I I T =(' N (.) o;o (o o o-N c.,r r- joESE-ci * r EE EB;8q6 >F.FO!E €EES EE e=E6q €oE.s*;'E- .EESEEE=E $aiigEEH; No !tt\(q @!tN t!ocoEG NO)oo)+t\Y6FJ 1F F;6(9atrItoGOo6tr=-e ri{c =9EEooIs 6 @t Fraro o EJ*3E(oo@o-EEE6o.4P E9ON €;7r I,ioo vo(tN Ir,Fo .. lr) (qhu -*eA i6 o,cd, .9sE(tpS E=.oENOl'- .XEB toN tst o)$9"9C'raaNo6NY?toro@NON(v)N 6'E3 8E* Ei -dEEeBO.FEF 6 lraE .e EHE .=. t-H 8.E - E E.s,7 o oos ED IE 8;Fg xXxx oooEtt g =aEo!.9G t,oIL.s3o too.=oo #oo.6. L(L E) =L(E =.= OUE LL.-q 3.;= o=o tz(5 -Y.=IE EEcD (r Gi ELo Eo (ULo =oL 55 -Ofg g PE E A c t ;tcE EE a> EE.oEo=EE-c'!52].s$; b:, 3;e3 g = E E b € E E E E E E l+6Fo ONN(,)rtlo(.rNO Attachment number 7 \nPage 1 of 1 Item # 13 Commission Meeting Agenda 10/16/2012 5:00 PM Forfeiture of Surety Bond Department:Planning & Development Caption: Approve forfeiture of Surety Bond for Mr. Calvin Walker, d/b/a: C B Walker Contractor. Background:At the regularly scheduled meeting of the Augusta Construction Advisory Board on September 13, 2012, the Board discussed a claim against the bond for C B Walker Contractor, and voted to recommend to the Augusta Commission that the claim against the bond be approved…. Mr. Ellis Cain on behalf of Augusta Housing and Community Development Department filed a complaint alleging damages arising from work done or supervised by Mr. Calvin Walker d/b/a: C B Walker Contractor, at 1116 Laney Walker Boulevard. Mr. Calvin Walker purchased a building permit on September 29, 2009 to construct a new residential structure at 1116 Laney Walker Blvd. The structure’s foundation is settling. Mr. Cain stated that Mr. Calvin Walker has not responded to numerous requests to correct the settling issues. Mr. Cain is requesting forfeiture of the bond in the amount of $20,000 to correct the code violations. Analysis:Section 7-1-116 of the Augusta Code provides that the contractor shall “execute and deposit in the Planning and Development Department a bond, and that such bond be conditioned that all work performed by the contractor or under his supervision shall be performed in accordance with the provisions of the building code”. The bond amount for a Residential Contractor is $15,000; however Mr. Walker’s bond is in the amount of $20,000… Mr. Cain contracted with Cranston Engineering to determine the cause of the settling and provide a written report. The report states that the construction was not consistent with the building plans and subsequently piers and supports are incorrectly located causing the building and front porch to deflect and settle. The report recommends adding numerous foundation supports to correct deficiencies. Mr. Cain obtained three bids from licensed contractors to complete the renovations. Arbor Associates was selected from the three responders. The contract amount is $24,683.73. The contractor began working on the project on August 4, 2012 and will be completed by October 4, 2012. Mr. Cover Memo Item # 14 Cain is requesting forfeiture of the bond in the amount of $20,000 to correct the code violations….The bond is payable to the City of Augusta. Consequently, providing the Commission approves this request, the bond company will issue a check payable to Augusta and Augusta will issue a check for the same amount to Mr. Cain on behalf of Augusta Housing and Community Development. Financial Impact:N/A Alternatives:Do not approve Recommendation:Approve Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 14 Commission Meeting Agenda 10/16/2012 5:00 PM Georgia State Grant for Bush Field Project Crack Seal Department: Caption:Motion to approve the acceptance of the Georgia State Grant for project no. AP013-46(245) CrackSeal/ARFF Equipment in the amount of $11,979.00 as accepted by the Augusta Aviation Commission on October 10, 2012. Background:See attachments. Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 15 Commission Meeting Agenda 10/16/2012 5:00 PM Selection of KAMO, Mity-Lite, MTS Seating, Southern Aluminum and US Foods as suppliers of operating equipment for the Trade, Exhibit and Event Center Department:Recreation, Parks and Facilities Caption:Motion to approve the Capital Improvement Program Manager's recommendation to select KAMO, Mity-Lite, MTS Seating, Southern Aluminum and US Foods as suppliers of operating equipment for the Trade, Exhibit and Event Center. Background:On Tuesday, September 11, 2012, five (5) compliant bid responses for Bid Item 12-184, TEE Center Operating Equipment were received. Analysis:After review of the responses and the scope of services, the bids were accepted from each of the suppliers based on their category bids: KAMO: $616,987.27 Mity-Lite: $387,171.28 MTS Seating: $315,765.80 Southern Aluminum: $ 57,388.90 US Foods: $ 51,337.00 Financial Impact:Total impact associated with the five (5) recommended suppliers is $1,428,650.25 and is within the overall project budget. Alternatives:1. To Approve the Capital Improvement Program Manager's recommendation to select KAMO, Mity-Lite, MTS Seating, Southern Aluminum and US Foods as suppliers of operating equipment for the Trade, Exhibit and Event Center. 2. Reject the bids and rebid the operating equipment which would have a negative impact on the project schedule and total project costs. Recommendation:1. To Approve Funds are Available in the Following Accounts: 325051120 - 206351102 REVIEWED AND APPROVED BY: Cover Memo Item # 16 Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 16 Invitation to Bid Sealed bids will be received at this office on Thursday, September 6, 2012 @ 3:00 p.m. for furnishing: Bid Item 12-184 TEE Center Operating Equipment 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 Friday, August 17, 2012 @ 10:00 a.m. in the Procurement Department, 530 Greene Street, Room 605. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Tuesday, August 21, 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 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 July 26, August 2, 9, 16, 2012 Metro Courier August 1, 2012 cc: Tameka Allen Deputy Administrator Bill Shanahan Interim Director, Recreation, Parks & Facilities Department Forrest White Heery International Jacques Ware Dukes Edwards and Dukes Revised: 8/15/2011 Attachment number 1 \nPage 1 of 1 Item # 16 Mity-Lite 1301 W 400 N Orem, UT 84057 MTS 7100 Industrial Dr Temperance, MI 48182 Kamo 1326 Reynolds St Augusta, GA 30901 US Foods 120 Longs Pond Rd Lexington, SC 29073 Southern Aluminum #5 Hwy 82W Magnolia, AR 71753 ITEMS DESCRIPTION TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE Attachment B Y Y Y Y Y E-Verify Number 245224 595010 364132 439622 Addendum 1 Y Y Y Y Y 1 Total Flatware Section NB NB $67,233.00 $66,561.14 2 Total Table Top Section NB NB $4,430.40 $4,819.20 3 Total China Section NB NB $151,889.06 $166,864.85 4 Total Glassware Section NB NB $40,835.10 $56,675.50 5 Total Equipment -Service NB NB $53,646.32 $49,009.96 6 Table & Chairs Category A $209,172.00 $315,765.80 NB NB 7 Table & Chairs Category B $242,163.30 NB $480,574.86 NB 290,908.90$ 8 Table & Chairs Category C $121,225.98 NB $187,235.39 NB 9 Total Utensils - Serving NB NB $4,625.95 $4,870.08 10 Total Heavy Equipment NB NB $172,904.73 NB 11 Total Concession Stand NB NB $93,216.16 $67,247.12 12 Total Chafing Dish, Props, Risers/Food Presentation NB NB $71,460.97 $58,453.44 13 Total Bar Supplies NB NB $4,957.52 $2,327.04 14 Total Cleaning Equipment NB NB $10,689.50 NB $596,343.28 $315,765.80 $1,343,698.80 $476,828.33 TEE Center Operating Equipment Bid Due: Tuesday, September 11, 2012 @ 3:00 p.m. BID PRICE SHEET Vendors Bid Item #12-184 Total Bid (All Sections) The following vendors did not respoind: Hull Barett / 801 Broad St 7th Floor / Augusta, GA 30901 Southern Aluminum / 5 Highway 82 BYP W / Magnolia, AR 71753 Weinberger / 3021A Riverwatch / Augusta, GA 30907 US Foods / 746 N Belair Rd / Evans, GA 30809 Attachment number 2 \nPage 1 of 1 Item # 16 Attachment number 3 \nPage 1 of 2 Item # 16 Attachment number 3 \nPage 2 of 2 Item # 16 Planholders List - Onvia DemandStar Login I Register I DEMANNSTAR ryOIrlYlA Home MY DemandStar Planholders List Member Name Bid Number Bid Name 5 Planholde(s) found. Buyers Suppliers Account lnfo FAQs City of Augusta, GA (Augusta Commission) trB - 1 2 - 1 84-0 -20 1 2 I P JM TEE Center Operating EquiPment Page 1 of 1 Help Supplier Name I City Stal€Phone Fax Great Lakes Hotel SuPPIY ComPanY Detroit MI 31 396291 76 3139621317 MTS Seating Temperance MI 7348473875 8003290687 Onvia Seattle 2063739500 8882637801 Onvia, lnc. - Content Department Seattle 2063739500 8882637801 School Specialty Norcross GA 8005547632 800675 1 775 Page 1 of 1 Format for Printing iN"- Hl I searcn i [..n"t,tn i Demandstarisaproductofonvia,lnc'(c),1997.2012'Allrighlsreserved.lTermso'UseIPrivacy http://www.demandstar.com/supplier/bids/planholderJist.asp?-PU:o/o2Fsupplier%2Fbids... l0lll2012 Attachment number 4 \nPage 1 of 1 Item # 16 o-€N6 NN@O)N N@ @$ rtrot-rl- oloroo oO)o(f) F-o$O)N oO)o(f) o (Eo O U) t z oU)o go Lo (U E(Eoo q)oC(ELoo- Eoh .gEC(,,o LoLLo Cfo5 (E a)o)) troao L(E o (u U'Jo)) !,t, (\r otr oootE' (E =l- .o)Ia'= (Uo CoaLo iLo-)lo(orr)$ o Lo E La)EL ;o t- st@@xod]o0- o)cq) EL CO-)oa F*rF- ooLaaooC ot (oN(f)r p Got (s :E o =oox lJJ N$ N ooLa- CoFo =F o E(Ez o(sJ Eoo U'ClzE)- :GocoL =Y co EEoo-oo c'6 aC'o = =oO)0)a co (,) L'trLoI oLo E o)=-c = o E(Ez o lJ. coo c(E Eo- o Y p d) a LLGI ooCooa .Yo E ao Juo(Ea aoL oIL o E(Ez trGa Eoo aEootLa) aF Cfc E = cLo-cfo@ L(Em Eo EU) o EGY a Eoa a .9 E(EE o o.E L(5 (UCo GCLoc Z"ooI (Eco (E LLo C -,ooI c.rEo€o-i - gE=EI g ^E F o tr co E 5.E'9t A qQ)q() i! X iD=iNi * ts =r E = EintroLI.9r.iiEb F:co.9oEOuL(oE 8e,ooFoqO vt )-v d,g= dYrJLt H,f g ir X E trEEbHs2oovtiL = o-Y OL ' El-(Bi6 Y 1eg EEDLUhJFJ USFLL)&gbolFp d) Attachment number 5 \nPage 1 of 1 Item # 16 Planholders List - Onvia DemandStar Login I Register I DEMAI,IDSTAR *OltlYlfi Home My Demandstar Buyers suppriers Account rnfo FAes Planholders List Member Name City of Augusta, GA (Augusta Commission) Bid Number tTB-12-184-0-2O12tpJM Bid Name TEE Center Operating Equipment 5 Planholde(s) found. Page I of I Help Page 1 of 1 Format for Printins iN9 ,H I s.*"r, ] [ ..."*rn I Demandstarisaproductof onvia, lnc. (c)1997-zol2.Alrrightsreserued. I Termsofuse I privacy Supplier Name I City State Phone Fax Great Lakes Hotel Supply Company Detroit MI 3 1 396291 76 3139621317 MTS Seating Temperance MI 7348473875 8003290687 Onvia Seattle 2063739500 8882637801 Onvia, lnc. - Content Department Seattle 2063739500 8882637801 School Specialty Norcross GA 8005547632 8006751 775 http://www.demandstar.com/supplier/bids/planholder_list.asp?_PU:oh2Fsupplier%2Fbids... lO/y2012 Attachment number 6 \nPage 1 of 1 Item # 16 Mity-Lite 1301 W 400 N Orem, UT 84057 Southern Aluminum 5 Highway 82 BYP W Magnolia, AR 71753 MTS 7100 Industrial Dr Temperance, MI 48182 Kamo 1326 Reynolds St Augusta, GA 30901 US Foods 120 Longs Pond Rd Lexington, SC 29073 Weinberger 3021A Riverwatch Augusta, GA 30907 Hull Barett 801 Broad St 7th Floor Augusta, GA 30901 US Foods 746 N Belair Rd Evans, GA 30809 ITEMS DESCRIPTION TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE Attachment B Y Y Y Y Y E-Verify Number 245224 595010 364132 439622 Addendum 1 Y Y Y Y Y 1 Total Flatware Section NB NB $67,233.00 $66,561.14 2 Total Table Top Section NB NB $4,430.40 $4,819.20 3 Total China Section NB NB $151,889.06 $166,864.85 4 Total Glassware Section NB NB $40,835.10 $56,675.50 5 Total Equipment -Service NB NB $53,646.32 $49,009.96 6 Table & Chairs Category A $209,172.00 $315,765.80 B NB 7 Table & Chairs Category B $242,163.30 $57,388.90 NB $480,574.86 NB 8 Table & Chairs Category C $121,225.98 NB $187,235.39 NB 9 Total Utensils - Serving NB NB $4,625.95 $4,870.08 10 Total Heavy Equipment NB NB $172,904.73 B 11 Total Concession Stand NB NB $93,216.16 $67,247.12 12 Total Chafing Dish, Props, Risers/Food Presentation NB NB $71,460.97 $58,453.44 13 Total Bar Supplies NB NB $4,957.52 $2,327.04 14 Total Cleaning Equipment NB NB $10,689.50 B $596,343.28 $315,765.80 $1,343,698.80 $476,828.33 Bid Item #12-184 TEE Center Operating Equipment Bid Due: Tuesday, September 11, 2012 @ 3:00 p.m. BID PRICE SHEET Vendors Total Bid (All Sections) At t a c h m e n t n u m b e r 7 \ n P a g e 1 o f 1 It e m # 1 6 ITEMS DESCRIPTION QTY UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE 1 Dinner Fork 500 $ 4.76 $ 28,560.00 $56.33 dz $ 28,165.00 No Bid 2 Dinner Knife 400 $ 5.50 $ 26,400.00 $65.48 dz $ 26,192.00 No Bid 3 Teaspoon 350 $ 2.86 $ 12,012.00 $33.85 dz $ 11,847.50 No Bid 4 Cutlery Bin 12 $ 8.75 $ 105.00 $ 9.13 $ 109.56 No Bid 5 Dishwasher Rack for Flatware 12 $ 13.00 $ 156.00 $ 20.59 $ 247.08 No Bid $ 67,233.00 $ 66,561.14 1 Salt Shaker 240 $ 0.62 $ 148.80 $ 0.75 $ 180.00 No Bid 2 Pepper Shaker 240 $ 0.62 $ 148.80 $ 0.75 $ 180.00 No Bid 3 Basket 480 $ 2.59 $ 1,243.20 $ 2.68 $ 1,286.40 No Bid 4 Creamers , China 480 $ 5.40 $ 2,592.00 $ 5.86 $ 2,812.80 No Bid $ 4,132.80 $ 4,459.20 1 Bread & Butter Plate 160 $ 8.99 $ 17,260.80 $104.41 dz $ 16,705.60 No Bid 2 Plate, China 326 $ 10.32 $ 40,371.84 $119.88 dz $ 39,080.88 No Bid 3 Saucer, China 160 $ 8.28 $ 15,897.60 $106.93 dz $ 17,108.80 No Bid 4 Cup, China 160 $ 3.57 $ 6,854.40 $125.44 dz $ 20,070.40 No Bid 5 Plate 160 $ 11.75 $ 22,560.00 $132.21 dz $ 21,153.60 No Bid 6 Cover, Plate 1920 $ 13.50 $ 25,920.00 $ 13.22 $ 25,382.40 No Bid 7 Cart, Dish (ADD601)19 $ 618.13 $ 11,744.47 $ 876.49 $ 16,653.31 No Bid Bid Item #12-184 TEE Center Operating Equipment for Recreation, Parks & Facilities Department Bid Due: Tuesday, September 11, 2012 Kamo 1326 Reynolds St Augusta, GA 30901 US Foods 120 Longs Pond Rd Lexington, SC 29072 MTS Seating 7100 Industrial Dr Temperance, MI 48182 Southern Aluminum #5 Hwy 82 W Magnolia, AR 71753 Total Table Top Section FLATWARE TABLE TOP CHINA Mity-Lite 1301 West 400 Orem UT 84057 Total Flatware Section Page 1 of 15 Attachment number 8 \nPage 1 of 15 Item # 16 ITEMS DESCRIPTION QTY UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE Bid Item #12-184 TEE Center Operating Equipment for Recreation, Parks & Facilities Department Bid Due: Tuesday, September 11, 2012 Kamo 1326 Reynolds St Augusta, GA 30901 US Foods 120 Longs Pond Rd Lexington, SC 29072 MTS Seating 7100 Industrial Dr Temperance, MI 48182 Southern Aluminum #5 Hwy 82 W Magnolia, AR 71753 Mity-Lite 1301 West 400 Orem UT 84057 8 Cart, Dish (ADD459)8 $ 559.26 $ 4,474.08 $ 810.31 $ 6,482.48 No Bid 9 Dome Storage Cart 11 $ 108.17 $ 1,189.87 $ 111.58 $ 1,227.38 No Bid 10 Square Plat - Appetizer 1200 $ 1.17 $ 1,404.00 $14.31 dz $ 1,431.00 No Bid 11 Spoon - Appetizer 1200 $ 1.33 $ 1,596.00 $15.69 dz $ 1,569.00 No Bid 12 Coffee Mugs - White 2400 $ 1.09 $ 2,616.00 No Bid No Bid No Bid $ 151,889.06 $ 166,864.85 1 Hi Ball - 177 Dozen 2124 $ 1.09 $ 2,315.16 $15.83 dz $ 2,801.91 No Bid 2 Wine - 162 Dozen 1944 $ 2.50 $ 4,860.00 $33.88 dz $ 5,488.56 No Bid 3 Cocktail Martini - 50 Dozen 600 $ 2.75 $ 1,650.00 $34.55 dz $ 1,727.50 No Bid 4 Old Fashioned - 177 Dozen 2124 $ 0.99 $ 2,102.76 $13.30 dz $ 2,371.80 No Bid 5 Water - 333 Dozen 3996 $ 1.41 $ 5,634.36 $19.85 dz $ 6,610.05 No Bid 6 Champagne 100 $ 4.36 $ 436.00 $52.41 dz $ 5,241.00 No Bid 7 Dishwasher Rack Glass Compartment 205 $ 25.17 $ 5,159.85 $ 37.61 $ 7,710.05 No Bid 8 Dishwasher Rack Glass Compartment 40 $ 34.79 $ 1,391.60 $ 49.77 $ 1,990.80 No Bid 9 Dishwasher Rack Glass Compartment 84 $ 15.56 $ 1,307.04 $ 21.75 $ 1,827.00 No Bid 10 Dishwasher Rack Glass Compartment 38 $ 29.99 $ 1,139.62 $ 37.88 $ 1,439.44 No Bid Total China Section GLASSWARE Page 2 of 15 Attachment number 8 \nPage 2 of 15 Item # 16 ITEMS DESCRIPTION QTY UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE Bid Item #12-184 TEE Center Operating Equipment for Recreation, Parks & Facilities Department Bid Due: Tuesday, September 11, 2012 Kamo 1326 Reynolds St Augusta, GA 30901 US Foods 120 Longs Pond Rd Lexington, SC 29072 MTS Seating 7100 Industrial Dr Temperance, MI 48182 Southern Aluminum #5 Hwy 82 W Magnolia, AR 71753 Mity-Lite 1301 West 400 Orem UT 84057 11 Dishwasher Rack Glass Compartment 64 $ 29.99 $ 1,919.36 $ 37.61 $ 2,407.04 No Bid 12 Dishwasher Rack Glass Compartment 71 $ 25.17 $ 1,787.07 $ 37.61 $ 2,670.31 No Bid 13 Dolly, Dishwasher Rack 100 $ 85.77 $ 8,577.00 $ 106.71 $ 10,677.00 No Bid 14 Dishwasher Rack Glass Compartment 216 $ 11.83 $ 2,555.28 $ 17.19 $ 3,713.04 No Bid $ 40,835.10 $ 56,675.50 1 Serving Tray - Oval 125 $ 26.00 $ 3,250.00 $ 32.22 $ 4,027.50 No Bid 2 Serving Tray - Round 24 $ 12.63 $ 303.12 $ 12.06 $ 289.44 No Bid 3 Tray Stand 100 $ 28.47 $ 2,847.00 $ 26.47 $ 2,647.00 No Bid 4 Wine Bucked 240 $ 16.88 $ 4,051.20 $ 17.77 $ 4,264.80 No Bid 5 Basket - Round 240 $ 16.68 $ 4,003.20 $ 16.54 $ 3,969.60 No Bid 6 Pitcher 240 $ 57.56 $ 13,814.40 $ 57.63 $ 13,831.20 No Bid 7 Coffee Server 180 $ 51.03 $ 9,185.40 $ 45.18 $ 8,132.40 No Bid 8 Coffee Server 60 $ 51.03 $ 3,061.80 $ 45.18 $ 2,710.80 No Bid 9 Gravy Sauce Boat 480 $ 6.22 $ 2,985.60 $ 6.28 $ 3,014.40 No Bid 10 Basket - Candy Bowl 240 $ 3.97 $ 952.80 $ 4.01 $ 962.40 No Bid 11 Bus Box 24 $ 11.62 $ 278.88 $ 12.15 $ 291.60 No Bid 12 Number Stand 240 $ 6.96 $ 1,670.40 $ 7.05 $ 1,692.00 No Bid 13 Table Number Cards 2 $ 13.40 $ 26.80 $ 13.97 $ 27.94 No Bid Total Glassware Section EQUIPMENT - SERVICE Page 3 of 15 Attachment number 8 \nPage 3 of 15 Item # 16 ITEMS DESCRIPTION QTY UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE Bid Item #12-184 TEE Center Operating Equipment for Recreation, Parks & Facilities Department Bid Due: Tuesday, September 11, 2012 Kamo 1326 Reynolds St Augusta, GA 30901 US Foods 120 Longs Pond Rd Lexington, SC 29072 MTS Seating 7100 Industrial Dr Temperance, MI 48182 Southern Aluminum #5 Hwy 82 W Magnolia, AR 71753 Mity-Lite 1301 West 400 Orem UT 84057 14 Square Drip Trays 24 $ 3.93 $ 94.32 $ 6.26 $ 150.24 No Bid 15 Salad Dressing Server 48 $ 64.76 $ 3,108.48 $ 43.69 $ 2,097.12 No Bid 16 Child Booster Seat 4 $ 20.39 $ 81.56 $ 27.82 $ 111.28 No Bid 17 Child High Chair 4 $ 153.53 $ 614.12 $ 164.20 $ 656.80 No Bid 18 Tray for High Chair 4 $ 35.31 $ 141.24 $ 33.36 $ 133.44 No Bid 19 Tray Jack Stand Covers 100 $ 31.76 $ 3,176.00 No Bid No Bid $ 53,646.32 $ 49,009.96 Category A 1 Stacking Chairs 85.94$ $ 206,256.00 No Bid No Bid $ 126.90 $ 304,560.00 2 Heavy duty 5 Wheel Hand Truck 162.00$ $ 2,916.00 No Bid No Bid $ 378.10 $ 6,805.80 $ 209,172.00 $ 311,365.80 Category B 1 Tables 400 407.26$ $ 162,896.00 $ 662.92 $ 265,168.00 No Bid No Bid $ 514.00 205,600.00$ 2 Tables 6ft 180 233.41$ $ 42,013.80 $ 409.71 $ 73,747.80 No Bid No Bid N/A 3 Table Dolly Truck 40 367.63$ $ 14,705.20 $ 538.55 $ 21,542.00 No Bid No Bid $ 698.00 27,920.00$ 4 Table Dolly Truck - 42 x 72 15 372.82$ $ 5,592.30 $ 496.90 $ 7,453.50 No Bid No Bid N/A 5 Protable Wall 12 1,413.00$ $ 16,956.00 $ 2,416.13 $ 28,993.56 No Bid No Bid N/A 6 30 x 72 Allulite Swirl - H Leg 16 $ 495.00 $ 7,920.00 No Bid No Bid $ 316.09 5,057.44$ 7 30 x 72 Spandex Skirt silver Grey 16 $ 125.00 $ 2,000.00 No Bid No Bid $ 109.14 1,746.24$ 8 72" Table Truck Flat Loading 2 $ 1,500.00 $ 3,000.00 No Bid No Bid $ 388.16 776.32$ Total Equipment - Service TABLES AND CHAIRS Total Category A Page 4 of 15 Attachment number 8 \nPage 4 of 15 Item # 16 ITEMS DESCRIPTION QTY UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE Bid Item #12-184 TEE Center Operating Equipment for Recreation, Parks & Facilities Department Bid Due: Tuesday, September 11, 2012 Kamo 1326 Reynolds St Augusta, GA 30901 US Foods 120 Longs Pond Rd Lexington, SC 29072 MTS Seating 7100 Industrial Dr Temperance, MI 48182 Southern Aluminum #5 Hwy 82 W Magnolia, AR 71753 Mity-Lite 1301 West 400 Orem UT 84057 9 30 x 60 Serpetine Alulite Swirl - H Leg 30 $ 455.00 $ 13,650.00 No Bid No Bid $ 466.41 13,992.30$ 10 Span306-G 30 $ 130.00 $ 3,900.00 No Bid No Bid $ 109.14 3,274.20$ 11 96" Table Truck flat Loading 3 $ 1,850.00 $ 5,550.00 No Bid No Bid $ 413.90 1,241.70$ 12 30 x 60 Serpetine Alulite Swirl - H Leg w/casters 12 $ 525.00 $ 6,300.00 No Bid No Bid $ 559.07 6,708.84$ 13 10" x 60 Alulite Swirl Outside Serpentine Tier 12 $ 630.00 $ 7,560.00 No Bid No Bid $ 365.51 4,386.12$ 14 30 x 72 Spandex Skirt 12 $ 125.00 $ 1,500.00 No Bid No Bid $ 109.14 1,309.68$ 15 36" Round /42" Knockdown Pedestal 32 $ 610.00 $ 19,520.00 No Bid No Bid $ 329.47 10,543.04$ 16 36" Round spandex skirt 42" High Silver Grey 12 $ 125.00 $ 1,500.00 No Bid No Bid $ 92.66 2,965.12$ 17 Knockdown Pedestal Table Truck Large 2 $ 1,500.00 $ 3,000.00 No Bid No Bid $ 745.43 1,490.86$ 18 60" Half Round 8 $ 750.00 $ 6,000.00 No Bid No Bid $ 340.80 2,726.40$ 19 60" Half Round Spandex 8 $ 125.00 $ 1,000.00 No Bid No Bid $ 97.81 782.48$ 20 72" Table Truck Flat Loading 1 $ 1,270.00 $ 1,270.00 No Bid No Bid $ 388.16 388.16$ $ 242,163.30 $ 480,574.86 $ - $ - 290,908.90$ Category C 1 Staging Skirting 96 141.00$ $ 13,536.00 $ 213.36 $ 20,482.56 No Bid No Bid Total Category B Page 5 of 15 Attachment number 8 \nPage 5 of 15 Item # 16 ITEMS DESCRIPTION QTY UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE Bid Item #12-184 TEE Center Operating Equipment for Recreation, Parks & Facilities Department Bid Due: Tuesday, September 11, 2012 Kamo 1326 Reynolds St Augusta, GA 30901 US Foods 120 Longs Pond Rd Lexington, SC 29072 MTS Seating 7100 Industrial Dr Temperance, MI 48182 Southern Aluminum #5 Hwy 82 W Magnolia, AR 71753 Mity-Lite 1301 West 400 Orem UT 84057 12 Dance Floor 1 36,546.30$ $ 36,546.30 $ 53,422.11 $ 53,422.11 No Bid No Bid 13 Stage Platform - 24"2 5,410.00$ $ 10,820.00 $ 8,364.09 $ 16,728.18 No Bid No Bid 14 Stage Platform - 16" - 24"6 1,714.28$ $ 10,285.68 $ 749.07 $ 4,494.42 No Bid No Bid 15 Stage Platform - Grey Carpet 24 1,214.29$ $ 41,142.72 $ 2,947.85 $ 70,748.40 No Bid No Bid 16 Mobile Stage 1 1,714.28$ $ 1,714.28 $ 2,947.85 $ 2,947.85 No Bid No Bid 17 Stairs for Stage 1 413.00$ $ 413.00 $ 749.07 $ 749.07 No Bid No Bid 18 Guardrails for Stage 24 282.00$ $ 6,768.00 $ 735.95 $ 17,662.80 No Bid No Bid $ 121,225.98 $ 187,235.39 $ - $ - $ - 1 Serving Tongs 240 $ 4.94 $ 1,185.60 $ 5.84 $ 1,401.60 No Bid 2 Ice Tongs 155 $ 3.53 $ 547.15 $ 3.50 $ 504.00 No Bid 3 Slotted Spoon 144 $ 4.43 $ 637.92 $ 4.43 $ 637.92 No Bid 4 Solid Spoon 144 $ 4.43 $ 637.92 $ 4.43 $ 637.92 No Bid 5 Pie Server 60 $ 5.96 $ 357.60 $ 5.93 $ 355.80 No Bid 6 Gravy Ladle 60 $ 5.56 $ 333.60 $ 6.54 $ 392.40 No Bid 7 Serving Ladle - 4 oz 96 $ 5,376.00 $ 552.96 $ 5.84 $ 560.64 No Bid 8 Serving Ladle - 6 oz 60 $ 6.22 $ 373.20 $ 6.33 $ 379.80 No Bid $ - $ 4,625.95 $ 4,870.08 $ - $ - 1 Garbage Can - 44 Gallon 12 $ 99.24 $ 1,190.88 No Bid No Bid 2 Garbage Can - 23 Gallon Black 48 $ 178.20 $ 8,553.60 No Bid No Bid Total Category C Total Utensils - Serving UTENSILS - SERVING HEAVY EQUIPMENT Page 6 of 15 Attachment number 8 \nPage 6 of 15 Item # 16 ITEMS DESCRIPTION QTY UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE Bid Item #12-184 TEE Center Operating Equipment for Recreation, Parks & Facilities Department Bid Due: Tuesday, September 11, 2012 Kamo 1326 Reynolds St Augusta, GA 30901 US Foods 120 Longs Pond Rd Lexington, SC 29072 MTS Seating 7100 Industrial Dr Temperance, MI 48182 Southern Aluminum #5 Hwy 82 W Magnolia, AR 71753 Mity-Lite 1301 West 400 Orem UT 84057 3 Garbage Can - 23 Gallon Blue 24 $ 178.20 $ 4,276.80 No Bid No Bid 4 Coat Rack 6 $ 960.36 $ 5,762.16 No Bid No Bid 5 Tilt Truck 2 $ 631.80 $ 1,263.60 No Bid No Bid 6 Tilt Truck 2100 lb 2 $ 695.64 $ 1,391.28 No Bid No Bid 7 Tray Mirror 200 $ 113.31 $ 22,662.00 No Bid No Bid 8 Carving Station 6 $ 813.18 $ 4,879.08 No Bid No Bid 9 Heat Lanp 6 $ 751.62 $ 4,509.72 No Bid No Bid 10 Chrome Bass Lamp 6 $ 691.23 $ 4,147.38 No Bid No Bid 11 Two-Way Radio (4 Channell)8 $ 289.00 $ 2,312.00 No Bid No Bid 12 Professional Bar 1 $ 3,113.00 $ 3,113.00 No Bid No Bid 13 Drawer Warmer 2 $ 2,857.47 $ 5,714.94 No Bid No Bid 14 Drawer Warmer Accessories 2 $ 82.51 $ 165.18 No Bid No Bid 15 Drawer Warmer Accessories 3 - 5"1 $ 140.42 $ 140.42 No Bid No Bid 16 Drawer Warmer Water/ Spillage Pan 1 $ 109.15 $ 109.15 No Bid No Bid 17 Drawer Warmer Splash Baffle 1 $ 24.26 $ 24.26 No Bid No Bid 18 Drawer Warmer Food Pan 1 $ 50.82 $ 50.82 No Bid No Bid 19 Self Propelled Scissor Lift 1 $ 28,703.87 $ 28,703.87 No Bid No Bid 20 Tabletop Podium 4 $ 1,628.08 $ 6,512.32 No Bid No Bid 21 Floor Style Podium 4 $ 5,035.99 $ 20,143.96 No Bid No Bid 22 American Flag Set 2 $ 279.30 $ 558.60 No Bid No Bid 23 Georgia Flag 2 $ 58.28 $ 116.56 No Bid No Bid 24 Flag Display Mounting 2 $ 208.43 $ 416.86 No Bid No Bid 25 Rider Scrubber 1 $ 14,445.00 $ 14,445.00 No Bid No Bid 26 Bulletin Board 24 $ 919.43 $ 22,066.32 No Bid No Bid Page 7 of 15 Attachment number 8 \nPage 7 of 15 Item # 16 ITEMS DESCRIPTION QTY UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE Bid Item #12-184 TEE Center Operating Equipment for Recreation, Parks & Facilities Department Bid Due: Tuesday, September 11, 2012 Kamo 1326 Reynolds St Augusta, GA 30901 US Foods 120 Longs Pond Rd Lexington, SC 29072 MTS Seating 7100 Industrial Dr Temperance, MI 48182 Southern Aluminum #5 Hwy 82 W Magnolia, AR 71753 Mity-Lite 1301 West 400 Orem UT 84057 27 Velcro Tape Reels 12 $ 66.42 $ 797.04 No Bid No Bid 28 Velcoin Fasteners 12 $ 8,332.00 $ 999.84 No Bid No Bid 29 Pallet Truck 1 $ 562.35 $ 562.35 No Bid No Bid 30 Wire Carts 6 $ 162.54 $ 975.24 No Bid No Bid 31 Wire Shelf Ledge 24 x 4 24 $ 6.90 $ 165.60 No Bid No Bid 32 Wire Shelf Ledge 36 x 4 24 $ 12.40 $ 297.60 No Bid No Bid 33 Cooler 8 $ 297.85 $ 2,382.80 No Bid No Bid 34 Hand Truck 2 $ 247.25 $ 494.50 No Bid No Bid 35 Pole Belt Stanchions 24 $ 79.35 $ 1,904.40 No Bid No Bid 36 Pole Sign Fram 12 $ 28.75 $ 345.00 No Bid No Bid 37 Kitchen Matt 6 $ 22.52 $ 135.12 No Bid No Bid 38 Easel 12 $ 51.29 $ 615.48 No Bid No Bid $ - $ 172,904.73 $ - $ - $ - 1 Refrigerated Case (45 -1/2 L x 24 D x 82- 1/4) w/cover 1 $ 8,927.03 $ 8,927.03 $ 6,830.02 $ 6,830.02 No Bid 2 Casters for Refrigerated Case As Required $ - included $0 Included No Bid 3 Shelves for Refrigerated Case As Required $ - included $0 Included No Bid 4 Refrigerated Self Service Case 1 $ 8,117.29 $ 8,117.29 $ 22,580.69 $ 22,580.69 No Bid 5 Casters for Self Service Refrigerated Case As Required $ - included $0 Included No Bid Total Heavy Equipment CONCESSION STAND Page 8 of 15 Attachment number 8 \nPage 8 of 15 Item # 16 ITEMS DESCRIPTION QTY UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE Bid Item #12-184 TEE Center Operating Equipment for Recreation, Parks & Facilities Department Bid Due: Tuesday, September 11, 2012 Kamo 1326 Reynolds St Augusta, GA 30901 US Foods 120 Longs Pond Rd Lexington, SC 29072 MTS Seating 7100 Industrial Dr Temperance, MI 48182 Southern Aluminum #5 Hwy 82 W Magnolia, AR 71753 Mity-Lite 1301 West 400 Orem UT 84057 6 Combination Hot/Refrigerated 1 $ 22,553.97 $ 22,553.87 $ 22,580.69 $ 22,580.69 No Bid 7 Casters for Combination Hot/Refrigerated As Required $ - included $0 Included No Bid 8 Freezer w/cover 1 $ 1,384.74 $ 1,384.74 No Bid No Bid 9 Casters for Freezer As Required $ - included $0 No Bid No Bid 10 Single Cup Coffee System 2 $ 12,384.75 $ 24,769.50 No Bid No Bid 11 Catering Table 2 $ 2,874.38 $ 5,748.76 $ 916.00 $ 1,832.00 No Bid 12 Dispensing Cabinet 2 $ 301.89 $ 603.68 $ 272.63 $ 545.26 No Bid 13 Condement Organizer 2 $ 126.79 $ 253.58 $ 112.73 $ 225.46 No Bid 14 Mobile Ice Restock Cart 1 $ 3,624.86 $ 3,624.86 $ 2,941.00 $ 2,941.00 No Bid 15 Waste Receptacle 2 $ 2,408.44 $ 4,816.88 $ 1,942.00 $ 3,884.00 No Bid 16 Bussing Cart 2 $ 3,903.21 $ 7,806.42 $ 2,363.00 $ 2,363.00 No Bid 17 Drawer - Bussing Cart As Required $ - included $0 $ 189.00 $ 189.00 No Bid 18 Host Station 1 $ 4,609.55 $ 4,609.55 $ 3,276.00 $ 3,276.00 No Bid $ - $ 93,216.16 $ 67,247.12 $ - $ - 1 Wok 12 $ 154.22 $ 1,850.64 No Bid No Bid 2 Chafing Dish 8 Qt Rectangular 24 $ 489.19 $ 11,740.56 $ 483.20 $ 11,596.80 No Bid 3 Chafing Dish Accessary 36 $ 3.65 $ 131.40 $ 3.65 $ 131.40 No Bid 4 Chafing Dish 6 Qt Round 12 $ 403.75 $ 4,845.00 $ 368.93 $ 8,854.32 No Bid 5 Paella Gratin Pan 12 $ 33.94 $ 407.28 $ 55.12 $ 661.44 No Bid Total Concession Stand CHAFING DISH, PROPS, RISERS/FOOD PRESENTATION Page 9 of 15 Attachment number 8 \nPage 9 of 15 Item # 16 ITEMS DESCRIPTION QTY UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE Bid Item #12-184 TEE Center Operating Equipment for Recreation, Parks & Facilities Department Bid Due: Tuesday, September 11, 2012 Kamo 1326 Reynolds St Augusta, GA 30901 US Foods 120 Longs Pond Rd Lexington, SC 29072 MTS Seating 7100 Industrial Dr Temperance, MI 48182 Southern Aluminum #5 Hwy 82 W Magnolia, AR 71753 Mity-Lite 1301 West 400 Orem UT 84057 6 Lift Off Griddle 12 $ 74.92 $ 899.04 $ 112.69 $ 1,352.28 No Bid 7 Lift Off Griddle 18'12 $ 60.83 $ 729.96 $ 93.14 $ 1,117.68 No Bid 8 Lift Off Griddle 17"12 $ 87.72 $ 1,052.64 $ 99.92 $ 1,199.04 No Bid 9 Lift Off Griddle Rectangular 12 $ 57.31 $ 687.72 $ 65.14 $ 781.68 No Bid 10 Wind Guard 12 $ 22.83 $ 273.96 $ 22.61 $ 271.32 No Bid 11 Wind Guart 10"12 $ 28.79 $ 345.48 $ 29.19 $ 350.28 No Bid 12 Plastic Serving Bowl 12 $ 12.06 $ 144.72 $ 20.37 $ 244.44 No Bid 13 Plastic Serving Bowl 17"12 $ 15.98 $ 191.76 $ 17.65 $ 211.80 No Bid 14 Ice Display 12 $ 59.54 $ 714.48 $ 59.32 $ 711.84 No Bid 15 Plastic Serving Bowl 12" Round 12 $ 5.16 $ 61.92 $ 5.65 $ 67.80 No Bid 16 Plastic Serving Bowl 9 1/2"12 $ 8.54 $ 102.48 $ 13.52 $ 162.24 No Bid 17 Display Tray 12 $ 27.29 $ 327.48 $ 28.73 $ 344.76 No Bid 18 Display Tray 14 3/4"12 $ 13.00 $ 156.00 $ 14.23 $ 170.76 No Bid 19 Display Tray 18"12 $ 18.26 $ 219.12 $ 19.38 $ 232.56 No Bid 20 Display Tray 21"24 $ 33.74 $ 809.76 $ 34.05 $ 817.20 No Bid 21 Wood Bowl 12 $ 19.76 $ 237.12 $ 19.89 $ 238.68 No Bid 22 Wood Bowl 5"12 $ 9.23 $ 110.76 $ 9.59 $ 115.08 No Bid 23 Wood Bowl 7"12 $ 11.62 $ 139.44 $ 11.92 $ 143.04 No Bid 24 Wood Bowl 9 1/2"12 $ 17.07 $ 204.84 $ 17.27 $ 207.24 No Bid 25 Serving Tray 12 1/4"12 $ 19.56 $ 234.72 $ 19.70 $ 236.40 No Bid 26 Serving Tray 18"12 $ 20.85 $ 250.20 $ 20.96 $ 251.52 No Bid Page 10 of 15 Attachment number 8 \nPage 10 of 15 Item # 16 ITEMS DESCRIPTION QTY UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE Bid Item #12-184 TEE Center Operating Equipment for Recreation, Parks & Facilities Department Bid Due: Tuesday, September 11, 2012 Kamo 1326 Reynolds St Augusta, GA 30901 US Foods 120 Longs Pond Rd Lexington, SC 29072 MTS Seating 7100 Industrial Dr Temperance, MI 48182 Southern Aluminum #5 Hwy 82 W Magnolia, AR 71753 Mity-Lite 1301 West 400 Orem UT 84057 27 Serving Tray 21"12 $ 29.57 $ 354.84 $ 29.52 $ 354.24 No Bid 28 Display Riser 6 $ 64.51 $ 387.06 $ 19.95 $ 119.70 No Bid 29 Tabletop Grill 12 $ 93.74 $ 1,124.88 $ 104.12 $ 1,249.44 No Bid 30 Tabletop Grill 18"12 $ 83.32 $ 999.84 $ 90.54 $ 1,086.48 No Bid 31 Tabletop Grill 17 1/4"12 $ 93.74 $ 1,124.88 $ 104.12 $ 1,249.44 No Bid 32 Tabletop Grill 12"12 $ 87.47 $ 1,049.64 $ 94.75 $ 1,137.00 No Bid 33 Tabletop Grill 22"12 $ 153.09 $ 1,837.08 $ 167.34 $ 2,008.08 No Bid 34 Tabletop Grill 12" Square 12 $ 93.74 $ 1,124.88 $ 100.12 $ 1,201.44 No Bid 35 Tabletop Grill 22" Square 12 $ 153.09 $ 1,837.08 $ 164.34 $ 1,972.08 No Bid 36 Chafing Dish 12" Square 12 $ 91.01 $ 1,092.12 $ 97.34 $ 1,168.08 No Bid 37 Chafing Dish 12"W 15"D 11"H Square 12 $ 146.63 $ 1,759.56 $ 148.25 $ 1,779.00 No Bid 38 Chafing Dish 12"W 12"D 7 1/2H Square 12 $ 121.34 $ 1,456.08 $ 128.12 $ 1,537.44 No Bid 39 Chafing Dish 12"W 15"D 11"H Square Black 12 $ 126.40 $ 1,516.80 $ 168.77 $ 2,025.24 No Bid 40 Tabletop Grill 12W 12D 7 1/2"12 $ 82.01 $ 984.12 $ 89.21 $ 1,070.52 No Bid 41 Tabletop Grill 12W 12D 4H 12 $ 83.32 $ 999.84 $ 89.54 $ 1,074.48 No Bid 42 Tabletop Grill 12W 12D 7 1/2" Black 12 $ 83.32 $ 999.84 $ 90.54 $ 1,086.48 No Bid Page 11 of 15 Attachment number 8 \nPage 11 of 15 Item # 16 ITEMS DESCRIPTION QTY UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE Bid Item #12-184 TEE Center Operating Equipment for Recreation, Parks & Facilities Department Bid Due: Tuesday, September 11, 2012 Kamo 1326 Reynolds St Augusta, GA 30901 US Foods 120 Longs Pond Rd Lexington, SC 29072 MTS Seating 7100 Industrial Dr Temperance, MI 48182 Southern Aluminum #5 Hwy 82 W Magnolia, AR 71753 Mity-Lite 1301 West 400 Orem UT 84057 43 Display Riser 5W 5D 5H Squared Black 12 $ 30.34 $ 364.08 $ 32.28 $ 387.36 No Bid 44 Display Riser 5W 5D 5H Squared Stainless 12 $ 35.40 $ 424.80 $ 37.41 $ 448.92 No Bid 45 Display Riser 7W 7D 7H Squared Black 12 $ 42.98 $ 515.76 $ 45.86 $ 550.32 No Bid 46 Display Riser 7W 7D 7H Squared Stainless 12 $ 50.56 $ 606.72 $ 53.55 $ 642.60 No Bid 47 Display Riser 9W 9D 9H Squared Black 12 $ 65.73 $ 788.76 $ 70.19 $ 842.28 No Bid 48 Display Riser 9W 9D 9H Squared Stainless 12 $ 75.85 $ 910.20 $ 80.45 $ 965.40 No Bid 49 Coat Check Tag #100 1 $ 51.01 $ 51.01 $ 52.96 $ 52.96 No Bid 50 Coat Check Tag #200 1 $ 51.01 $ 51.01 $ 52.66 $ 52.66 No Bid 51 Coat Check Tag #300 1 $ 51.01 $ 51.01 $ 52.66 $ 52.66 No Bid 52 Display Riser (set of 5) Black 5 $ 151.32 $ 756.60 $ 155.44 $ 777.20 No Bid 53 Display Riser (set of 3) Natural Bamboo 9 $ 42.48 $ 382.32 $ 42.82 $ 385.38 No Bid Page 12 of 15 Attachment number 8 \nPage 12 of 15 Item # 16 ITEMS DESCRIPTION QTY UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE Bid Item #12-184 TEE Center Operating Equipment for Recreation, Parks & Facilities Department Bid Due: Tuesday, September 11, 2012 Kamo 1326 Reynolds St Augusta, GA 30901 US Foods 120 Longs Pond Rd Lexington, SC 29072 MTS Seating 7100 Industrial Dr Temperance, MI 48182 Southern Aluminum #5 Hwy 82 W Magnolia, AR 71753 Mity-Lite 1301 West 400 Orem UT 84057 54 Display Riser (set of 3) Dark Bamboo 9 $ 42.48 $ 382.32 $ 44.32 $ 398.88 No Bid 55 Cocotte 6 Qt Lemon 24 $ 192.77 $ 4,626.48 No Bid No Bid 56 Cocotte 8 Qt Cherry 24 $ 223.61 $ 5,366.64 No Bid No Bid 57 Cocotte 8 Qt Basil 24 $ 223.61 $ 5,366.64 No Bid No Bid 58 Serving Tray (24 Holes 8 $ 73.39 $ 587.12 No Bid No Bid 59 Tulip Mini Glass 240 $ 3.59 $ 861.60 No Bid No Bid 60 Column Glass 480 $ 2.64 $ 1,267.20 No Bid No Bid 61 Squared Mini Glass 576 $ 2.32 $ 1,336.32 No Bid No Bid 62 Flared Mini Glass 260 $ 3.52 $ 915.20 No Bid No Bid 63 3 Tier Rectangular Stand 8 $ 41.52 $ 332.16 $ 288.26 $ 2,306.08 No Bid $ - $ 71,460.97 $ 58,453.44 $ - $ - 1 Margarita Glass 12 $ 6.96 $ 83.52 $ 7.40 $ 88.80 No Bid 2 Liquor Pourer 288 $ 3.62 $ 1,042.56 $ 3.64 $ 1,048.32 No Bid 3 Bar Accessary Package 12 $ 25.32 $ 303.84 $ 25.44 $ 305.28 No Bid 4 Bar Condiment Server 12 $ 16.88 $ 202.56 $ 17.77 $ 213.24 No Bid 5 Ice Scoop 24 $ 1.50 $ 36.00 $ 1.56 $ 37.44 No Bid 6 Shaker 24 $ 1.55 $ 37.20 $ 1.76 $ 42.24 No Bid 7 Mixing Glass 2 $ 9.36 $ 18.72 $16.60 dz $ 33.20 No Bid 8 Bar Mix Pourer Complete 16 $ 18.35 $ 293.60 $ 14.85 $ 237.60 No Bid Bar Supplies Total Chafing Dish, Props, Risers/Food Presentation Page 13 of 15 Attachment number 8 \nPage 13 of 15 Item # 16 ITEMS DESCRIPTION QTY UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE Bid Item #12-184 TEE Center Operating Equipment for Recreation, Parks & Facilities Department Bid Due: Tuesday, September 11, 2012 Kamo 1326 Reynolds St Augusta, GA 30901 US Foods 120 Longs Pond Rd Lexington, SC 29072 MTS Seating 7100 Industrial Dr Temperance, MI 48182 Southern Aluminum #5 Hwy 82 W Magnolia, AR 71753 Mity-Lite 1301 West 400 Orem UT 84057 9 Fruit Wedger 2 $ 168.40 $ 336.80 $ 160.46 $ 320.92 No Bid 10 Charger 8 $ 79.64 $ 637.12 No Bid No Bid 11 Surveillance Kit 24 $ 81.90 $ 1,965.60 No Bid No Bid $ - $ 4,957.52 $ 2,327.04 $ - $ - 1 Wide Area Vac 3 $ 2,197.20 $ 6,582.60 No Bid No Bid 2 Paper Filter Bags 12 $ 10.80 $ 129.60 No Bid No Bid 3 Carpte Mat 24"24 $ 62.40 $ 1,497.60 No Bid No Bid 4 Push Broom 24 $ 13.96 $ 335.04 No Bid No Bid 5 Warehouse Broom 12 $ 8.22 $ 98.64 No Bid No Bid 6 Dust Pan 12 $ 3.23 $ 38.76 No Bid No Bid 7 Lobby Dust Pan 6 $ 9.94 $ 59.64 No Bid No Bid 8 Broom Lobby 6 $ 3.78 $ 22.68 No Bid No Bid 9 Squeegee 6 $ 16.03 $ 96.18 No Bid No Bid 10 Tapered Handle 60"12 $ 2.94 $ 35.28 No Bid No Bid 11 Mop Handle 12 $ 7.45 $ 89.40 No Bid No Bid 12 Mop Head 24 $ 5.62 $ 134.88 No Bid No Bid 13 Mop Bucket/Wringer 6 $ 49.62 $ 297.72 No Bid No Bid 14 Wet Floor sign 12 $ 8.13 $ 97.56 No Bid No Bid 15 Deck Scrup Brush 10 $ 7.89 $ 78.90 No Bid No Bid 16 Metal Tip Handle 10 $ 3.96 $ 39.60 No Bid No Bid 17 Trash Cans 72 $ 5.13 $ 369.36 No Bid No Bid 18 Baby Changing Station 2 $ 298.17 $ 596.34 No Bid No Bid 19 Liners for Changing Station 2 $ 44.86 $ 89.72 No Bid No Bid Total Bar Supplies Cleaning Equipment Page 14 of 15 Attachment number 8 \nPage 14 of 15 Item # 16 ITEMS DESCRIPTION QTY UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE Bid Item #12-184 TEE Center Operating Equipment for Recreation, Parks & Facilities Department Bid Due: Tuesday, September 11, 2012 Kamo 1326 Reynolds St Augusta, GA 30901 US Foods 120 Longs Pond Rd Lexington, SC 29072 MTS Seating 7100 Industrial Dr Temperance, MI 48182 Southern Aluminum #5 Hwy 82 W Magnolia, AR 71753 Mity-Lite 1301 West 400 Orem UT 84057 $ - $ 10,689.50 $ - $ - $ - $ 23,782.00 $ 4,400.00 $ 596,343.28 $ 1,343,401.36 $ 476,468.33 $ 315,765.80 $ 290,908.90 Total Cleaning Equipment Freight TOTAL BID (ALL SECTIONS) Page 15 of 15 Attachment number 8 \nPage 15 of 15 Item # 16 Commission Meeting Agenda 10/16/2012 5:00 PM The selection of Modern Business as the furniture vendor for the Trade, Exhibit and Event Center Department:Recreation, Parks and Facilities Caption:Motion to approve the Capital Improvement Program Manager's recommendation to select Modern Business to supply and install the furniture for the Trade, Exhibit and Event Center in the amount of $154,664.72. Background:On Friday September 21, 2012, four (4) compliant bid responses for Bid Item 12-190, Tee Center Furnishings, were received. Analysis:After review of the responses and the scope of services, the bid received from Modern Business is the lowest responsible and responsive bid. Financial Impact:The Modern Business bid of $154,664.72 is within the $400,000 budget for furnishings. Alternatives:1. To Approve the Capital Improvement Program Manager's recommendation to select Modern Business as the furniture vendor for the Trade, Exhibit and Event Center. 2. Reject the bids and rebid the furnishings which would have a negative impact on the project schedule and total project costs. Recommendation:1. To Approve Modern Business as the furniture vendor for the TEE Center at a cost of $154,664.72. Funds are Available in the Following Accounts: 325051120 - 206351102 REVIEWED AND APPROVED BY: Finance. Procurement. Cover Memo Item # 17 Law. Administrator. Clerk of Commission Cover Memo Item # 17 Invitation to Bid Sealed bids will be received at this office on Tuesday, September 18, 2012 @ 3:00 p.m. for furnishing: Bid Item 12-190 TEE Center Furnishings 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, August 28, 2012 @ 10:00 a.m. in the Procurement Department, 530 Greene Street, Room 605. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Thursday, August 30, 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 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 August 2, 9, 16, 23, 2012 Metro Courier August 8, 2012 cc: Tameka Allen Deputy Administrator Bill Shanahan Interim Director, Recreation, Parks & Facilities Department Forrest White Heery International Jacques Ware Dukes Edwards and Dukes Revised: 8/15/2011 Attachment number 1 \nPage 1 of 1 Item # 17 ITEMS DESCRIPTION QTY UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE 101 C-1 Pull Up Chair 36 $559.02 $20,124.72 $308.00 $11,088.00 No Bid $1,048.75 $37,762.20 101A-1 Fabric for Chair C-1 $42.90 $3,088.80 N/A N/A 101A-2 Fabric for Chair C-1 $16.45 $2,368.80 N/A N/A 102 C-2 Lounge Chair 2 $854.15 $1,708.30 $394.90 $789.80 No Bid $1,440.63 $2,881.26 102A Fabric for Chair C-2 $90.20 $811.80 N/A N/A 103 C-3 Guest Chair 9 $690.30 $6,212.70 $1,018.71 $9,168.39 $472.82 $4,255.38 $1,153.02 $10,377.18 103A Fabric for Chair C-3 $59.40 $1,247.40 N/A N/A 104 C-4 Barstool 8 $493.00 $3,944.00 $270.60 $2,164.80 No Bid $840.86 $6,726.88 104A Fabric for Chair C-4 $61.60 $1,478.40 N/A N/A 105 C-5 Lounge Chair 10 $1,005.91 $10,059.10 $539.00 $5,390.00 No Bid $1,779.56 $17,795.60 105A Fabric for Chair C-5 $44.00 $3,960.00 N/A N/A 106 C-6 Swivel Lounge Chair 4 $1,373.65 $5,494.60 $1,059.30 $4,237.20 No Bid $1,399.96 $5,599.84 106A Fabric for Chair C-6 $61.60 $862.40 N/A N/A 107 C-7 Task Chair 4 $599.10 $2,396.40 $636.57 $2,456.28 $671.18 $2,684.72 $548.20 $2,192.80 108 C-8 Conference Chair 10 $622.85 $6,228.50 $338.80 $3,388.00 $429.15 $4,291.50 $571.32 $5,713.20 Weinberger’s 3021 A River Watch Parkway Augusta, GA 30907 Task Chairs Attachment B CWC Office Furnishings 805 Alta Vista North Augusta, SC 29841 Bid Item #12-190 TEE Center Furnishings for Recreation, Parks & Facilities Department Bid Due: Friday, September 21, 2012 @ 11:00 A.M. Modern Business 1445 Greene Street Augusta, GA 30901 McWaters 3708 Benchmark Drive Augusta, GA 30909 Lounge Chairs 1 Lounge Chairs 2 Addendum 1 Yes Total Lounge Chairs 1 Section Total Lounge Chairs 2 Section Total Task Chairs Section $5,494.60 296310 Yes 10156 Yes Yes 139296 Yes $75,543.12 YesYes 318200 Yes Vendors $42,048.82 $41,556.19 $4,255.38 E-Verify # $5,099.60 No Bid $5,599.84 $7,906.00$8,624.90 $6,976.22$5,934.28 Page 1 of 2 Attachment number 2 \nPage 1 of 2 Item # 17 Weinberger’s 3021 A River Watch Parkway Augusta, GA 30907 CWC Office Furnishings 805 Alta Vista North Augusta, SC 29841 Bid Item #12-190 TEE Center Furnishings for Recreation, Parks & Facilities Department Bid Due: Friday, September 21, 2012 @ 11:00 A.M. Modern Business 1445 Greene Street Augusta, GA 30901 McWaters 3708 Benchmark Drive Augusta, GA 30909Vendors 201 T-1 Communal Table 2 $6,328.53 $12,657.06 $3,986.78 $7,973.58 $2,724.45 $5,448.90 No Bid No Bid No Bid No Bid 202.1 T-2.1 Conference Table 1 $3,807.62 $3,807.62 $5,845.46 $5,845.46 No Bid $6,172.51 $6,172.51 202.2 T-2.2 Mobile Buffet Table 1 $2,232.35 $2,232.35 $2,638.41 $2,638.41 No Bid $2,889.26 $2,889.26 203 T-3 Console Table 1 $793.26 $793.26 $745.80 $745.80 No Bid $1,851.91 $1,851.91 204 T-4 Hospitality Table 3 sets $8,709.48 $26,128.44 $6,846.94 $20,540.82 $2,267.74 $6,803.22 No Bid No Bid 205 T-5 Side Table 7 $1,389.65 $9,727.55 $1,448.50 $10,139.50 $1,340.01 $9,380.07 $1,380.81 $9,665.67 206 T-6 Coffee Table 1 $1,349.55 $1,349.55 $1,268.81 $1,268.81 $678.03 $678.03 $1,343.56 $1,343.56 207 T-7 Pull Up Table 10 $3,588.10 $35,881.00 $3,373.43 $33,734.30 $3,739.94 $37,399.40 $3,957.50 $39,575.00 301.1 Office 1 1 $1,110.78 $1,110.78 $1,187.73 $1,187.73 No Bid $3,494.92 $3,494.92 301.2 Office 2 and 3 2 $4,764.42 $9,528.84 $4,305.84 $8,611.68 No Bid $3,848.00 $7,696.00 301.3 Office 4 1 $5,397.84 $5,397.84 $4,549.52 $4,549.52 No Bid $1,262.58 $1,262.58 401 LF-1 Floor Lamp 6 $311.61 $1,869.66 $152.90 $917.40 No Bid No Bid No Bid 501 P-1 Large Indoor Planter 8 $441.22 $3,529.76 $229.48 $1,835.84 $251.59 $2,012.72 $263.28 $2,106.24 502 P-2 Small Indoor Planter 10 $423.67 $4,236.70 $208.58 $2,085.80 $228.41 $2,284.10 $242.00 $2,420.00 Lighting Planters Hospitality Tables Conference Occasional Tables Total Occasional Tables Total Lighting Console Table Systems Furniture Total Planters Total Hospitality Tables Section Total Equipment - Service Total Console Table Hospitality Tables Total Hospitality Tables $75,238.04 $167,526.61 $9,061.77 No Bid $1,851.91 $50,584.23 $12,657.06 $6,039.97 $793.26 $26,128.44 $46,958.10 $16,037.46 $1,869.66 $7,766.46 Total Bid (All Sections)$174,418.73 $154,664.72 $14,348.93 $3,921.64 $917.40 Total Occasional Tables $12,453.56 No Bid $4,526.24 $5,448.90 No Bid No Bid $6,803.22 $47,457.50 The following vendor did not respond: Affirmative Solutions / 1201 George Wilson Drive / Augusta, GA 30909 No Bid No Bid $4,296.82 $7,973.58 $8,483.87 $745.80 $20,540.82 $45,142.61 Page 2 of 2 Attachment number 2 \nPage 2 of 2 Item # 17 Attachment number 3 \nPage 1 of 1 Item # 17 Planholders List - Onvia DemandStar Login I Register I DEMAHDSTAR oy OilVlfi Home My DemandStar Planholders List Member Name Bid Number Bid Name 'l 0 Planholde(s) found. Buyers Suppliets Account lnfo City of Augusta, GA (Augusta Commission) tT B - 1 2- 1 90 -0 -20 1 2 I P JM TEE Center Furnishings Page I of I Help Supplier Name I City Stale Phone Fax Brodart Co.McElhattan PA 8888204377 800578 1 064 Construction Journal, Ltd.Stuart FL 80078551 65 8005817204 Contract Furnishings lnternational Bradenton FL 94 I 3596900 94'l 3596935 Onvia Seattle 2063739500 8882637801 Onvia. lnc. - Conlenl Departmenl Seattle 2063739500 8882637801 RECREONICS INC LOUISVILLE KY 5024587354 5024589471 School Specialty Norcross 8005547632 8006751 775 The Bluebook of Building & Construction Jef{erson Valley NY 80043 1 2584 91 430281 03 Upbeat, lnc.Saint Louis MO 866797 1 756 3147540826 Via Seating Sparks NV 77533 1 6001 775331 6001 Page 1 of 1 Format for Printing Ai--H i- search ,l [ .. ^"rrn 'i Demandstarisaproductof Onvia,lnc. (c)'1997-2012. Allrightsreserved. I TernsofUse I Privacy http://www.demandstar.com/supplier/bids/planholder_list.asp?_PU:%2Fsupplier%2Fbids... l0/112012 Attachment number 4 \nPage 1 of 1 Item # 17 Bid Item #12-190 TEE Center Furnishings Recreation, Parks and Facilities Department Bid Due: Thursday, September 6, 2012 @ 3:00 p.m. Company Name First Name Last Name Address Line 1 Add 2 City State ZIP Code McWaters-Augusta Wesley Harper 3708 Benchmark Drive Augusta GA 30909 Modern Business Dianne Tant 1445 Greene Street Augusta GA 30901 Weinbergers Frank Mulherin 2137 Washington Road Augusta GA 30907 Corporate Studio Lisa Burgess 2631 Walton Way Augusta GA 30904 Augusta Business Interiors Charles Squires 3127 Damascus Road Augusta GA 30909 Marriott Tara Chung Two Tenth Street Augusta GA 30901 tvsdesigns Daniell Trost Heery International Jacques Ware Heery International Forrest White Bid Item #12-190 TEE Center Furnishings for Rec Parks & Facilities Dept Bid Due: Tues 9/18/12 @ 3:00 p.m. 1 Attachment number 5 \nPage 1 of 1 Item # 17 ""f Nf Y$Tffi ,liff miffi,IllJ#ffi H#m.. September 26,2012 Ms. Geri Sams Director of Procurement Augusta Richmond County 530 Greene Street, Room 605 August4 GA 30901 RE: Bid #12-190 - TEE Cenrer Furnishings Dear [,{s. Sams: We have concluded our review of the bids submited for the TEE Center Furrishings. The Iowest base bid is frgm Modern Business. This is true of tho Base Bid ($1s4,664.72) with noAlternates. The low base bid submiftd by Modern Business will be accepted. It is our rccommendation that the contract award be made to Modern Business. If there are any questions, please don,t hesitate to contact me. Augusta, Georgia Capital Improvements Program Management C: Fred Russell, Phyllis Mills, Nancy Williams Attachment number 6 \nPage 1 of 1 Item # 17 Commission Meeting Agenda 10/16/2012 5:00 PM FTA EEOP Department:Law Department Caption:Motion to approve FTA EEOP Submission for Augusta, Georgia. Background: In accordance with the Federal Transit Administration (“FTA”) Circular 4704.1, any applicant, recipient, or sub-recipient is required to comply with FTA’s Equal Employment Opportunity Program (“EEOP”) if it: (a) employs 50 or more transit-related employees; and (b) requests or receives FTA capital or operating assistance in excess of $1 million or planning assistance in excess of $250,000. FTA C. 4704.1, Ch. II, ¶ 2. Although Augusta, Georgia receives FTA assistance in excess of the threshold requirements, Augusta, Georgia does not employ 50 or more transit-related employees. This EEOP has been prepared to provide an overview of Augusta, Georgia’s EEO Program. Analysis:n/a Financial Impact:n/a Alternatives: Recommendation:Approve motion Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 18 Attachment number 1 \nPage 1 of 11 Item # 18 Attachment number 1 \nPage 2 of 11 Item # 18 Attachment number 1 \nPage 3 of 11 Item # 18 Attachment number 1 \nPage 4 of 11 Item # 18 Attachment number 1 \nPage 5 of 11 Item # 18 Attachment number 1 \nPage 6 of 11 Item # 18 Attachment number 1 \nPage 7 of 11 Item # 18 Attachment number 1 \nPage 8 of 11 Item # 18 Attachment number 1 \nPage 9 of 11 Item # 18 Attachment number 1 \nPage 10 of 11 Item # 18 Attachment number 1 \nPage 11 of 11 Item # 18 Commission Meeting Agenda 10/16/2012 5:00 PM Health Insurance Provider Selection Process Update Department:Administrator Caption:Motion to approve the Administrator's recommendation for the 2013 health insurance provider for Augusta, Georgia. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Administrator Clerk of Commission Cover Memo Item # 19 Commission Meeting Agenda 10/16/2012 5:00 PM Award plumbing bid to Avrett Plumbing for South Sub-station Department:Sheriff's Office Caption:Motion to award the plumbing bid #12-201 at RYDC to Avrett Plumbing in the amount of $38,827.00. Background:The Department of Juvenile Justice gave the Richmond County Sheriff's Office the RYDC Building located at 3425 Mike Padgett Highway. This is facility is being renovated to house the south sub-station that is currently in the Southgate Plaza shopping center. Renovations have begun and the need for plumbing and water is critical to continue with the project. Analysis:The building currently housing the south Road Patrol is in dire need of repair, ie. roof, mold removal, etc. We do not own this building and cannot use taxpayers funds to renovate it. Financial Impact:Funds have been approved in the 2012 budget and are available. 2730313105413120 Alternatives:None Recommendation:Approve the plumbing bid to Avrett Plumbing in the amount of $38,827. Funds are Available in the Following Accounts: operating budget 2730313105413120 REVIEWED AND APPROVED BY: Cover Memo Item # 20 Attachment number 1 \nPage 1 of 11 Item # 20 Attachment number 1 \nPage 2 of 11 Item # 20 Attachment number 1 \nPage 3 of 11 Item # 20 Attachment number 1 \nPage 4 of 11 Item # 20 Attachment number 1 \nPage 5 of 11 Item # 20 Attachment number 1 \nPage 6 of 11 Item # 20 Attachment number 1 \nPage 7 of 11 Item # 20 Attachment number 1 \nPage 8 of 11 Item # 20 Attachment number 1 \nPage 9 of 11 Item # 20 Attachment number 1 \nPage 10 of 11 Item # 20 Attachment number 1 \nPage 11 of 11 Item # 20 Commission Meeting Agenda 10/16/2012 5:00 PM Intergovernmental Agreement with Georgia Dept. of Juvenile Justice Department:Clerk of Commisson Caption:Motion to approve an Intergovernmental Agreement between the Georgia Department of Juvenile Justice and Augusta, Georgia regarding the use of property formerly known as the Augusta Youth Development Center Main Building and Storage Building for a South Substation for the Richmond County Sheriff's Office. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 21 Attachment number 1 \nPage 1 of 8 Item # 21 Attachment number 1 \nPage 2 of 8 Item # 21 Attachment number 1 \nPage 3 of 8 Item # 21 Attachment number 1 \nPage 4 of 8 Item # 21 Attachment number 1 \nPage 5 of 8 Item # 21 Attachment number 1 \nPage 6 of 8 Item # 21 Attachment number 1 \nPage 7 of 8 Item # 21 Attachment number 1 \nPage 8 of 8 Item # 21 Commission Meeting Agenda 10/16/2012 5:00 PM Augusta Fire Department Vehicle Purchases Department:Fleet Management Caption:Motion to approve a request to purchase 4 vehicles for the Augusta Fire Department. Background:The Augusta Fire Department requests the replacement of four older vehicles that are inclusive in the 2012 budget. The Four vehicles requested being replaced are a 2000 Ford Crown Victoria, asset number 994264; a 2001 Ford Ranger, asset number F00113, and two 2004 Ford Expeditions, asset numbers 204139 and 204142. The two Expeditions are replacing battalion control center emergency response vehicles and the two other vehicles will be replaced by full sized pickup trucks to be utilized for the transport of personnel and equipment. All 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, two Ford Expeditions and two Ford F150 pickup trucks, will be purchased through the Georgia Statewide Contract bid program, contract numbers SWC-90795-B42 and A54 , assuring the best pricing available throughout the state. Contract documents are attached for review. Financial Impact:The cost of the new vehicles is as follows: $32,074.00 each for the Expeditions; and $17,891.00 each for the F150’s. The total cost is $99,930.00. 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 request for the purchase of the vehicles. 2. Do not approve the request. Recommendation:Approve the acquisition of four replacement vehicles for the Augusta Fire Department for a total of $99,930.00. Cover Memo Item # 22 Funds are Available in the Following Accounts: 274-03-4110/54.22210 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 22 Attachment number 1 \nPage 1 of 13 Item # 22 Attachment number 1 \nPage 2 of 13 Item # 22 Attachment number 1 \nPage 3 of 13 Item # 22 Attachment number 1 \nPage 4 of 13 Item # 22 Attachment number 1 \nPage 5 of 13 Item # 22 Attachment number 1 \nPage 6 of 13 Item # 22 Attachment number 1 \nPage 7 of 13 Item # 22 Attachment number 1 \nPage 8 of 13 Item # 22 Attachment number 1 \nPage 9 of 13 Item # 22 Attachment number 1 \nPage 10 of 13 Item # 22 Attachment number 1 \nPage 11 of 13 Item # 22 Attachment number 1 \nPage 12 of 13 Item # 22 Attachment number 1 \nPage 13 of 13 Item # 22 Commission Meeting Agenda 10/16/2012 5:00 PM Augusta Metro Chamber of Commerce Building Department:Clerk of Commission Caption:Discussion of the Augusta Metro Chamber of Commerce Building on Broad Street. (Requested by Mayor Copenhaver) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 23 Commission Meeting Agenda 10/16/2012 5:00 PM Sheriff/Jail Vehicle Purchases Department:Fleet Management Caption: Approve the replacement of two (2) prisoner transport vans for the Richmond County Sheriff’s Office-Jail Division. Background:The Richmond County Sheriff’s Office-Jail Division would like to request the replacement of two older prisoner transport vans, asset numbers 960642, a 1997 model, and 974030, a 1998 model that are in excess of 10 years of age and are in dire need of replacement. They are proposing the purchase of the new vans to improve reliability in their transport fleet and greatly reduce their maintenance costs. These vans meet the required criteria for immediate replacement. We have attached the evaluation sheets for your review. Analysis:The new vans would be purchased through the Georgia Statewide Contract bid program, contract number S-90795-C5, assuring the best pricing available throughout the state. Financial Impact:The vehicles will be purchased using the General Fund Capital Outlay funds. The cost of the new vans is $ 33,179.00.each for a total cost of $66,358.00. Alternatives:1. Approve the purchase of two (2) prisoner transport vans. 2. Do not approve the request. Recommendation:Approve the replacement of two prisoner transport vans for the Richmond County Sheriff’s Office-Jail Division. Funds are Available in the Following Accounts: 278-03-2511/54.22220 REVIEWED AND APPROVED BY:Cover Memo Item # 24 Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 24 Attachment number 1 \nPage 1 of 8 Item # 24 Attachment number 1 \nPage 2 of 8 Item # 24 Attachment number 1 \nPage 3 of 8 Item # 24 Attachment number 1 \nPage 4 of 8 Item # 24 Attachment number 1 \nPage 5 of 8 Item # 24 Attachment number 1 \nPage 6 of 8 Item # 24 Attachment number 1 \nPage 7 of 8 Item # 24 Attachment number 1 \nPage 8 of 8 Item # 24 Commission Meeting Agenda 10/16/2012 5:00 PM TEE Center Contracts Department: Caption:Motion to approve TEE Center contracts (1) Amendment to Leases and Construction, Operating,and Reciprocal Easement Agreement (2) Agreement for Right of First Refusal (3) Assignment of TEE Center Management Agreement (4)TEE Center Catering Agreement (5) TEE Center Reciprocal Easement Agreement (6) DEED. (Requested by Commissioner Jerry Brigham) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 25 Attachment number 1 \nPage 1 of 10 Item # 25 Attachment number 1 \nPage 2 of 10 Item # 25 Attachment number 1 \nPage 3 of 10 Item # 25 Attachment number 1 \nPage 4 of 10 Item # 25 Attachment number 1 \nPage 5 of 10 Item # 25 Attachment number 1 \nPage 6 of 10 Item # 25 Attachment number 1 \nPage 7 of 10 Item # 25 Attachment number 1 \nPage 8 of 10 Item # 25 Attachment number 1 \nPage 9 of 10 Item # 25 Attachment number 1 \nPage 10 of 10 Item # 25 Attachment number 2 \nPage 1 of 6 Item # 25 Attachment number 2 \nPage 2 of 6 Item # 25 Attachment number 2 \nPage 3 of 6 Item # 25 Attachment number 2 \nPage 4 of 6 Item # 25 Attachment number 2 \nPage 5 of 6 Item # 25 Attachment number 2 \nPage 6 of 6 Item # 25 Attachment number 3 \nPage 1 of 8 Item # 25 Attachment number 3 \nPage 2 of 8 Item # 25 Attachment number 3 \nPage 3 of 8 Item # 25 Attachment number 3 \nPage 4 of 8 Item # 25 Attachment number 3 \nPage 5 of 8 Item # 25 Attachment number 3 \nPage 6 of 8 Item # 25 Attachment number 3 \nPage 7 of 8 Item # 25 Attachment number 3 \nPage 8 of 8 Item # 25 Attachment number 4 \nPage 1 of 21 Item # 25 Attachment number 4 \nPage 2 of 21 Item # 25 Attachment number 4 \nPage 3 of 21 Item # 25 Attachment number 4 \nPage 4 of 21 Item # 25 Attachment number 4 \nPage 5 of 21 Item # 25 Attachment number 4 \nPage 6 of 21 Item # 25 Attachment number 4 \nPage 7 of 21 Item # 25 Attachment number 4 \nPage 8 of 21 Item # 25 Attachment number 4 \nPage 9 of 21 Item # 25 Attachment number 4 \nPage 10 of 21 Item # 25 Attachment number 4 \nPage 11 of 21 Item # 25 Attachment number 4 \nPage 12 of 21 Item # 25 Attachment number 4 \nPage 13 of 21 Item # 25 Attachment number 4 \nPage 14 of 21 Item # 25 Attachment number 4 \nPage 15 of 21 Item # 25 Attachment number 4 \nPage 16 of 21 Item # 25 Attachment number 4 \nPage 17 of 21 Item # 25 Attachment number 4 \nPage 18 of 21 Item # 25 Attachment number 4 \nPage 19 of 21 Item # 25 Attachment number 4 \nPage 20 of 21 Item # 25 Attachment number 4 \nPage 21 of 21 Item # 25 Attachment number 5 \nPage 1 of 12 Item # 25 Attachment number 5 \nPage 2 of 12 Item # 25 Attachment number 5 \nPage 3 of 12 Item # 25 Attachment number 5 \nPage 4 of 12 Item # 25 Attachment number 5 \nPage 5 of 12 Item # 25 Attachment number 5 \nPage 6 of 12 Item # 25 Attachment number 5 \nPage 7 of 12 Item # 25 Attachment number 5 \nPage 8 of 12 Item # 25 Attachment number 5 \nPage 9 of 12 Item # 25 Attachment number 5 \nPage 10 of 12 Item # 25 Attachment number 5 \nPage 11 of 12 Item # 25 Attachment number 5 \nPage 12 of 12 Item # 25 Attachment number 6 \nPage 1 of 3 Item # 25 Attachment number 6 \nPage 2 of 3 Item # 25 Attachment number 6 \nPage 3 of 3 Item # 25 Commission Meeting Agenda 10/16/2012 5:00 PM Transit Planning Assistance FY2013 5303 Department:Planning and Development Caption:Motion to approve FY2013 5303 Transit Planning Assistance Contract. Background:Annual contract for funds for transportation and transit planning of future projects Analysis: Financial Impact: Alternatives:Approval contract or lose funding Recommendation:Approve contract Funds are Available in the Following Accounts: Match is furnished by Planning & Devlopment salaries and wages in 220-01-6309. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 26 Attachment number 1 \nPage 1 of 22 Item # 26 Attachment number 1 \nPage 2 of 22 Item # 26 Attachment number 1 \nPage 3 of 22 Item # 26 Attachment number 1 \nPage 4 of 22 Item # 26 Attachment number 1 \nPage 5 of 22 Item # 26 Attachment number 1 \nPage 6 of 22 Item # 26 Attachment number 1 \nPage 7 of 22 Item # 26 Attachment number 1 \nPage 8 of 22 Item # 26 Attachment number 1 \nPage 9 of 22 Item # 26 Attachment number 1 \nPage 10 of 22 Item # 26 Attachment number 1 \nPage 11 of 22 Item # 26 Attachment number 1 \nPage 12 of 22 Item # 26 Attachment number 1 \nPage 13 of 22 Item # 26 Attachment number 1 \nPage 14 of 22 Item # 26 Attachment number 1 \nPage 15 of 22 Item # 26 Attachment number 1 \nPage 16 of 22 Item # 26 Attachment number 1 \nPage 17 of 22 Item # 26 Attachment number 1 \nPage 18 of 22 Item # 26 Attachment number 1 \nPage 19 of 22 Item # 26 Attachment number 1 \nPage 20 of 22 Item # 26 Attachment number 1 \nPage 21 of 22 Item # 26 Attachment number 1 \nPage 22 of 22 Item # 26 Commission Meeting Agenda 10/16/2012 5:00 PM Two Tax Districts Department:Clerk of Commission Caption:Discussion of the two tax districts. (Requested by Commissioner Bowles) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 27 Commission Meeting Agenda 10/16/2012 5:00 PM Approve the assignment of the contract between Augusta and Commonwealth Data Communications, Inc. to AMCS Group Department:Environmental Services Caption: Approve the assignment of the contract between Augusta and Commonwealth Data Communications, Inc. to AMCS Group relating to the customer management software for the Environmental Services Department and allow Augusta to convert to the web based software solution. Background:In 2005, the Augusta Commission adopted a resolution requiring that the then Solid Waste Department is, “hereby directed and authorized to establish a billing system for the collection of fees for solid waste services”. Based on that directive, the Solid Waste Department prepared an RFP for a customer management software suite which would allow us to bill our customers on the tax bills, as well as provide a variety of other customer service support services. It further acts as our billing software at the landfill. In 2006, Augusta received proposals from various companies, where a selection committee determined that Commonwealth Data Communications, Inc. was the best choice for Augusta. Augusta entered into a contract with Commonwealth on February 13,2007. Augusta has been operating on that platform ever since. Since that time, Augusta has developed a variety of integrations with the software. The most relevant integration is the one with the Tax Assessor’s office. This integration provides updated customer lists, parcel numbers and transfer of ownership data. In recent history, the Environmental Services Department became aware that there was a possible merger/acquisition of Commonwealth and a company named AMCS Group. On September 23, 2012 Commonwealth sent the Director of Environmental Services a request asking that Augusta assign their contract to AMCS Group. Upon review of the contract language, section 12.06 addresses the assignment of the contract. This contract provision requires Commonwealth to get, “prior written consent of the customer, which consent shall not be unreasonably withheld”. Cover Memo Item # 28 Analysis:Upon the contract assignment request, the Environmental Services Department asked for information regarding the acquiring company and the nature of the deal. The acquiring company, AMCS Group is a software company with a strong presence in Europe. The acquisition of Commonwealth is a strategic move to enhance its position in the US market. AMCS Group has $15.5 million dollars in annual sales, making them one of the largest waste and recycling software companies in the world. Some of their recent large projects include delivery of integrated solutions to Veolia, Sita, Recommunity and the City of Grand Rapids. AMCS has indicated that they do not have any outstanding litigation. AMCS is a well capitalized company with investments from WHEB Ventures (a clean-tech venture fund in London) and NCB (an Irish venture fund). Furthermore AMCS has a significant cash position and an available line of credit. The nature of the deal is that AMCS is acquiring all assets and key personnel of Commonwealth. We have been assured that our key Commonwealth personnel will not be changing as it relates to the Augusta project. By merging the two companies, the addition of over 80 new staff will be available to assist on the Augusta project. By evaluating the above, it provides continuity of service and will broaden the effectiveness of the customer support and project development teams. AMCS is keeping the existing Commonwealth product and integrations in place. AMCS and Commonwealth will be merging the strongest features and function of the two platforms and providing those benefits to Augusta in future releases of the product. The future releases will include advanced technologies of web portals, and the AMCS technology for the onboard truck technology which is required for our new solid waste collections contract going into place June, 1, 2013. Financial Impact:None Alternatives:1. Approve the assignment of the contract between Augusta and Commonwealth Data Communications, Inc. to AMCS Group 2. Do not approve Recommendation:Approve the assignment of the contract between Augusta and Commonwealth Data Communications, Inc. to AMCS Group Funds are Available in the Following Accounts: No financial impact REVIEWED AND APPROVED BY:Cover Memo Item # 28 Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 28 Attachment number 1 \nPage 1 of 1 Item # 28 1600 Gulley Rd Howell, MI 48843 Ph: (517)552-8000 www.wastesoftware.com SOLUTIONS Commonwealth City of Augusta Attn: Director of Environmental Services 4330 Deans Bridge Road Blythe, Ga. 30809 September 20, 2012 RE: Software License, Implementation and Support Agreement for Insight Software System, dated February 13, 2007, by and between Augusta, GA, and Commonwealth Data Communications, Inc. (d/b/a Commonwealth Solutions) (the “Agreement”). Dear Mark, As we’ve recently discussed, Commonwealth Data Communications, Inc. (“CDC”) is proposing to enter into an asset Purchase Agreement with Advanced Manufacturing Control Systems Limited (“AMCS”), pursuant to which CDC is proposing to sell to AMCS, and AMCS is proposing to acquire from CDC, certain of the assets of CDC (the “Proposed Transaction”). Upon the consummation of the Proposed Transaction, CDC would like to assign to AMCS all of its rights and obligations under certain agreements to which CDC is a party, including the above- referenced Agreement between CDC and Augusta, Georgia. The purpose of this letter is to notify Augusta of the Proposed Transaction and obtain Augusta’s consent to the assignment of CDC’s rights and obligations in the Agreement upon the closing of the Proposed Transaction. Any questions that Augusta may have should be directed to CDC’s counsel, Matthew W. Bower, at (248) 646-9100 x17. Please acknowledge your receipt of this letter and your consent to the Proposed Transaction by having the signing authority, sign a copy of this letter on the appropriate line below and both mailing and faxing a copy to Matthew Bower. Mr. Bower’s fax number is (248) 646-9102. We appreciate your prompt attention to this matter. Sincerely, Kevin Yake, President Commonwealth Data Communications, Inc. Consent to and Acknowledged by Augusta: Its Mayor, City of August Attachment number 2 \nPage 1 of 2 Item # 28 1600 Gulley Rd Howell, MI 48843 Ph: (517)552-8000 www.wastesoftware.com SOLUTIONS Commonwealth Attest: Date:______________ Attachment number 2 \nPage 2 of 2 Item # 28 Commission Meeting Agenda 10/16/2012 5:00 PM Approve the purchase of (1) Haybuster 2564 from H & H Equipment Sales, Inc. Department:Environmental Services Caption: Approve the purchase of (1) Haybuster 2564 from H & H Equipment Sales, Inc. Background:The Environmental Services Department is required, by a permit, to maintain sedimentation and erosion control on designated areas within the landfill. The use of an automated hay blower is an efficient and cost-effective means of working to maintain compliance. We currently own a small manual hay blower that requires a 3-4 person process along with the use of a truck, trailer, and the blower. This does not allow us to adequately cover the designated areas within the Landfill as this process does not work well on the various slopes. Analysis:We are proposing the purchase of this machine in order to maintain erosion control compliance in a more efficient manner. The use of this machine will allow us to transition from a 3-4 person process to a 1-2 person process; allow us to buy larger round bales at a 10% cost savings over the square bales we currently purchase; and allow us to cover the slopes better and at longer distances. The cost of this machine is $ 33,000.00. Financial Impact:Adequate funds are available. The department recommends using funds from 541-04-4210 / 54.22510. Alternatives:1. Approve the purchase of (1) Haybuster 2564 from H & H Equipment Sales, Inc. 2. Do not approve the purchase. Recommendation:1. Approve the purchase of (1) Haybuster 2564 from H & H Equipment Sales, Inc. Funds are Available in the Following Accounts: The department recommends using funds from 541-04-4210 / 54.22510. Cover Memo Item # 29 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 29 Commission Meeting Agenda 10/16/2012 5:00 PM Approve the purchase of (3) end dump trailers from Freightliner of Augusta Department:Environmental Services Caption: Approve the purchase of (3) end dump trailers from Freightliner of Augusta. Background:In 2011 the Environmental Services Department (ESD) became responsible for cutting and cleaning vacant lots. Since that time, we have continued to expand our ability and capacity to perform. As we clean the lots, we remove the materials with a roll off truck. We currently haul 30 to 40 yard boxes of debris. As production has increased, so have the weights of the boxes we haul. We are limited with the straight frame truck to a weight of 52,000 pounds. We find ourselves exceeding that weight on many occasions. This leaves us with 2 options, haul less material or purchase an asset that can haul more weight legally. Analysis:The ESD is proposing to purchase 3 new trailers that will allow us to haul heavier loads. By extending the length of the asset and going to a coupled asset, we will be allowed to get close to 50 yards of material and approximately 78,000 payloads. This increases volume by 20% and weight by approximately 38%. Not only can we haul more materials, and weight, it also assists us in maintaining a legal weight. Financial Impact:The cost of the trailers is $64,267 each. By purchasing 3 trailers makes the proposed cost $192,801. ESD recommends using the GMA lease program to finance these assets over 5 years. This would make our estimated annual payment $38,561. ESD recommends transferring funds from 542-04-4110/5421110 to 542-04-4110/6111631 to cover the cost of the lease. Alternatives:1. Approve the purchase of (3) end dump trailers from Freightliner of Augusta 2. Do not approve Recommendation:Approve the purchase of (3) end dump trailers from Freightliner of Augusta Cover Memo Item # 30 Funds are Available in the Following Accounts: ESD recommends transferring funds from 542-04-4110/5421110 to 542-04-4110/6111631 to cover the cost of the lease. REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 30 Sealed bids will be received at this office until Thursday, August 23,2012 @ 1 1:00 a.m. for furnishing: Bid Item 12-187 End Dump Trailer for Environmental Services Department Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: GeriA. 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 piocurement Department. All questions must be submitted in writing by fax to 706 821'2811 or iy email to procbidandcontract@ausustaqa.qov to the office of the Procurement Department by Fridiy,August1itlbeacceptedbyfax,allmustbereceivedbymailor hand delivered. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference an eiigible bidder must submit a completed and signed written application to become a locat bidder at teaJt thirty (30) days prior to the date bids are received on an eligible local project. An eligible bidder who faits to submit an application for approval as a local bidder at least thirty tSOia"V" prioito the date bids are received on an eligible local project, and who othenrvise meets the i"qrir"in"hts 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. lnvitation 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. At! specific requirements contained in the invitation to bid including, but noi 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 ttre bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. GERIA. SAMS, Procurement Director Publish: Augusta Chronicle July 19, 26, August 2,9, 2012,2012 Metro Courier JulY 25,2012 Tameka Allen Mark Johnson LoriVidetto Deputy Administrator Environmental Services Environmental Services Revised: elt5l20tl Attachment number 1 \nPage 1 of 1 Item # 30 Planholders List - Onvia DemandStar Login I Register I DEMANDSTAR uyOl{YlA Home My DemandStar Buyers Supplierc Account lnfo FAQs Planholders List Member Name City of Augusta, GA (Augusta Commission) Bid Number ITB-12-187 -0'2012lPJM Bid Name End DumP Trailer 2 Planholde(s) found. Page I of I Help Supplier Name I City State Phone Fax Onvia, lnc. - Content Department Seattle WA 2063739500 8882637801 Warren Equipment, lnc.Plant City FL 8137525126 81 37549545 Page 1 of 1 Formatfor Printing iruo q i' s""r"n I i .. n.rrn I Demandstarisaproductof onvia, lnc. (c)1997-2012.A11 rightsreserved. I TemsotUse I Privacy http://www.demandstar.com/supplier/bids/planholder_list.asp?_PU:%2Fsupplier%2Fbids... 9/2912012 Attachment number 2 \nPage 1 of 1 Item # 30 YANCEY BROS/CATERPILLAR 4165 MIKE PADGETT HWY AUGUSTA, GA 30906 ASC CONSTRUCTION EQUIP 2303 AIRPORT BOULEVARD GAYCE SC 29033 GLOBE TRAILERS 3101 59TH AVE DR. EAST BRADENTON, FL 34203 MARK JOHNSON SOLID WASTE DEPARTMENT TEC.TRACTOR EQUIPMENT COMPANY 3809 MIKE PADGETT HWY AUGUSTA, GA 30906 HERTZ EQUIPMENT RENTAL 2017 RAWLEY ROAD AUGUSTA, GA 30906 TM TRAILER SALES 115 MT CARMEL ROAD MCDONOUGH, GA 30253 WONNE GENTRY HATCHER BUILDING BtD ITEM #12-187 END DUMP TRAILER FOR ENVIRONM ENTAL SERVICES DEPARTMENT MAILED JULY 19,2012 METRAC/JOHN DEERE 515 CHANBLIN ROAD GROVETOWN, cA 3081 3-3905 BORDER EQUIPMENT 2804 WYLDS ROAD AUGUSTAGA 30909 TWAMCO 1920W 3500 SOUTH SALT LAKE CITY, UT 84119 LORIVIDETTO SOLID WASTE DEPARTMENT BtD ITEM #12-187 END DUMP TRAILER FOR ENVIRONMENTAL SERVICES DEPARTMENT BID DUE: THURS 8123112 @ 11:00 A.M. Attachment number 3 \nPage 1 of 1 Item # 30 ENVIRONMENTAL SERVICBS DEPARTMENT Mark Johnson Dircctor MEMORANDUM TO: Ms. Geri Sams Director - Procurement trRoM: Mark Johnso ^Otl'Director I DATE:August 27,2012 SIJBJECT: Award Recommendation of Bid Item 12-187 End Dump Trailer The Environmental Services Depar'ffilent recommends the award of Bid Item 12- I 87 End Dump Trailer to Freightliner of Augusta. They submitted an acceptable bid in the amount of $64,267.00, and after thorough examination, we found all aspects of the submitted bid documents to have met the specifications as rcquested. Thank you in advance for your time and attention. Please feel free to contact me at 706-592-3201, should you have any questions or require any additional information. MJ/th Cc: Nancy Williams Phyllis Mills File 30 HrG'I?*l11:BE Environmental Services Department Augusta Solid Waste & Recycling Facility 4330 Deans Bridge Road, Blythe, GA 30805 (7Ob) 592-3200 - Fax (706) 592-3255 WWW.AUGUSTAGA.COV Attachment number 4 \nPage 1 of 1 Item # 30 Vendors Augusta Freightliner 2930 Riverwest Dr Augusta, GA 30907 Attachment B Yes E-Verify Number 593835 Year 2013 Brand Mac Trailers Model STl14-22RD Frameless Bid Price $64,267.00 Delivery Date 11/15/2012 Bid Item #12-187 End Dump Trailer for Augusta, Georgia - Environmental Services Department Bid Due Date: Thursday, August 23, 2012 @ 11:00 a.m The following vendors did not respond: Yancy Bros / 4165 Mike Padgett Hwy / Augusta, GA 30909 Metrac/John Deere / 515 Chanblin Rd / Grovetown, GA 30813 Hertz Equip / 2017 Rawley Rd / Augusta, GA 30906 The following vendor submitted a statement of "No Bid": ASC Construction Equipment / 2303 Edmund Highway / Cayce, SC 28269 Page 1 of 1 Attachment number 5 \nPage 1 of 1 Item # 30 Commission Meeting Agenda 10/16/2012 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 deferred from the October 2nd Commission meeting to the October 16th meeting) Background:Commission has previously approved the 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: Cover Memo Item # 31 ___________________________________________________ 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 # 31 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 # 31 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 # 31 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 # 31 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 # 31 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 # 31 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 # 31 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 # 31 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 # 31 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 # 31 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 # 31 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 # 31 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 Item # 31 10 (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 # 31 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 # 31 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 # 31 13 “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 # 31 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 Item # 31 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 # 31 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 Item # 31 17 “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 # 31 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” Attachment number 1 \nPage 22 of 98 Item # 31 19 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. Attachment number 1 \nPage 23 of 98 Item # 31 20 “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. Attachment number 1 \nPage 24 of 98 Item # 31 21 “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. Attachment number 1 \nPage 25 of 98 Item # 31 22 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. Attachment number 1 \nPage 26 of 98 Item # 31 23 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 Attachment number 1 \nPage 27 of 98 Item # 31 24 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 Attachment number 1 \nPage 28 of 98 Item # 31 25 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. Attachment number 1 \nPage 29 of 98 Item # 31 26 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 Attachment number 1 \nPage 30 of 98 Item # 31 27 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 Attachment number 1 \nPage 31 of 98 Item # 31 28 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 Attachment number 1 \nPage 32 of 98 Item # 31 29 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. Attachment number 1 \nPage 33 of 98 Item # 31 30 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 Attachment number 1 \nPage 34 of 98 Item # 31 31 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 Item # 31 32 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 Item # 31 33 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 # 31 34 (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 # 31 35 (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 # 31 36 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 Item # 31 37 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 Item # 31 38 (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 Item # 31 39 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 Item # 31 40 (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 Item # 31 41 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 Item # 31 42 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 Attachment number 1 \nPage 46 of 98 Item # 31 43 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 Attachment number 1 \nPage 47 of 98 Item # 31 44 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 Attachment number 1 \nPage 48 of 98 Item # 31 45 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; Attachment number 1 \nPage 49 of 98 Item # 31 46 (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 Attachment number 1 \nPage 50 of 98 Item # 31 47 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. Attachment number 1 \nPage 51 of 98 Item # 31 48 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. Attachment number 1 \nPage 52 of 98 Item # 31 49 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: Attachment number 1 \nPage 53 of 98 Item # 31 50 (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 Attachment number 1 \nPage 54 of 98 Item # 31 51 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 Attachment number 1 \nPage 55 of 98 Item # 31 52 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. Attachment number 1 \nPage 56 of 98 Item # 31 53 (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 Attachment number 1 \nPage 57 of 98 Item # 31 54 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 Attachment number 1 \nPage 58 of 98 Item # 31 55 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. Attachment number 1 \nPage 59 of 98 Item # 31 56 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. Attachment number 1 \nPage 60 of 98 Item # 31 57 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. Attachment number 1 \nPage 61 of 98 Item # 31 58 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. Attachment number 1 \nPage 62 of 98 Item # 31 59 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. Attachment number 1 \nPage 63 of 98 Item # 31 60 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 Attachment number 1 \nPage 64 of 98 Item # 31 61 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 Attachment number 1 \nPage 65 of 98 Item # 31 62 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 Attachment number 1 \nPage 66 of 98 Item # 31 63 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. Attachment number 1 \nPage 67 of 98 Item # 31 64 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. Attachment number 1 \nPage 68 of 98 Item # 31 65 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, Attachment number 1 \nPage 69 of 98 Item # 31 66 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. Attachment number 1 \nPage 70 of 98 Item # 31 67 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 Attachment number 1 \nPage 71 of 98 Item # 31 68 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 Attachment number 1 \nPage 72 of 98 Item # 31 69 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. Attachment number 1 \nPage 73 of 98 Item # 31 70 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. Attachment number 1 \nPage 74 of 98 Item # 31 71 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 Attachment number 1 \nPage 75 of 98 Item # 31 72 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. Attachment number 1 \nPage 76 of 98 Item # 31 73 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. Attachment number 1 \nPage 77 of 98 Item # 31 74 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; Attachment number 1 \nPage 78 of 98 Item # 31 75 (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 Attachment number 1 \nPage 79 of 98 Item # 31 76 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 Attachment number 1 \nPage 80 of 98 Item # 31 77 Section 12.1 or (ii) approved by Bondholders or any Credit Facility Issuer and adopted by the Consolidated Government pursuant to Section 12.2. Attachment number 1 \nPage 81 of 98 Item # 31 78 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 # 31 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 # 31 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 # 31 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 # 31 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 # 31 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 # 31 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 # 31 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 # 31 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 # 31 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 # 31 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 # 31 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 # 31 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 # 31 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 # 31 EXHIBIT B Tax Policy Attachment number 1 \nPage 96 of 98 Item # 31 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 # 31 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 # 31 Commission Meeting Agenda 10/16/2012 5:00 PM Augusta Richmond County Flood Reduction Program - budget approval Department:Planning and Development Caption:Motion to approve the Augusta Richmond County Flood Reduction Program budget 2012 for acquisition of 35 structures. Background:Numerous structures in Augusta Georgia have endured repeated and frequent flooding. Analysis:Flooding conditions are not improving it is the concensus of staff that removal of these structures is the only viable option. Financial Impact:see attached Alternatives:Purchase of 35 structures or allocating funding for possible flood control projects Recommendation:Purchase of 35 structures Funds are Available in the Following Accounts: see attached REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 32 Attachment number 1 \nPage 1 of 5 Item # 32 Attachment number 1 \nPage 2 of 5 Item # 32 Attachment number 1 \nPage 3 of 5 Item # 32 Attachment number 1 \nPage 4 of 5 Item # 32 Attachment number 1 \nPage 5 of 5 Item # 32 Commission Meeting Agenda 10/16/2012 5:00 PM Emergency - Lumpkin Road Flooding & Storm Sewer System Replacement Department:Abie L. Ladson, PE, CPESC, Director Caption: Approve and receive as information the Emergency Construction Services on the Lumpkin Road Flooding and Storm Sewer System Replacement in the amount of $81,105.01 to Blair Construction; funded from SPLOST Phase VI as requested by AED. Background:Recent rains have created excessive flooding in the vicinity of Lumpkin Road and Deep Place. Consequently, AED received numerous complaints from businesses in this area asserting that the increased flooding has negatively impacted their day to day operations. To address the noted flooding situation, AED’s staff conducted an assessment of the storm sewer system and determined that a section of the storm system needed to be replaced immediately. Due to the risk of public Safety, exposure of private property to potential water damages, and exposure of Augusta to associated liability, this created an emergency situation and warranted immediate action to replace the in question storm sewer system and restore drainage flow. Analysis:The cost to complete the needed construction is $81,105.01 Financial Impact:Funding is available in the SPLOST Phase VI Drainage Account in the amount of $81,105.01 for this request. Alternatives:1) Approve and receive as information the Emergency Construction Services on the Lumpkin Road Flooding and Storm Sewer System Replacement in the amount of $81,105.01 to Blair Construction; funded from SPLOST Phase VI as requested by AED. 2) Do not approve. Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: 328-041110-5223110/211828001-5223110 Cover Memo Item # 33 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 33 To: Valerip Jenkins 9/11 /12sh ENGINEERING DEPARTMENT L. Ladson, P.8., CPESC, Director Hameed Malik, P.E., Ph.D, Asst' Director MEMORANDT]M Fred Russell, Administrator eri Sams, Director of Procurement Abie L. Ladson, PE, Director Engineering Department ' '!r I TO: THRU: FROM: DATE: SePtember 6,2012 SUBJECT: EmergencyConstructionServices Lumpkin Road Flooding and storm Sewer system Replacement Project Number: N/A Filereference: 12-006(8) Dear Ms. Sams: Recent rain events created flooding in the vicinity of Lumpkin Road and Deep Place. Also, the Augusta Engineering Department (AED) received complaints from commercial operations at this location that they were experiencing increased flooding frequency that was impacting their operation. To address the noted flooding situation, Augusta Engineering staff conducted an aisessment of the storm sewer system that is saving this area and determined that a section of this storm system needed to be replaced immediately. Due to the risk of public Safety, exposure of private property to potential water damages, and exposure of Augusta to associated liability, this created an emergency situation and warranted immediate action to replace in question storm sewer system and restore drainage flow. The Engineering Department did not have sufficient in- house resogrces to complete all the required tasks in a timely manner and had to hire on an emergency basis Blair Construction for assistance. The cost to complete the needed construction is $81,105.01. Therefore, AED is requesting a purchase order for Blair Construction in the amountof$81,105.01 (seeattached). Fundingwillbedrawnfromaccountnumber323-041110- 52.23 I | 0 I 2l t 82800 r - 52.23 1, | 0 . An agenda item will be forwarded to the Commission for informational purposes. HM/vj Attachments cc: Tim Schroer Engineering Administration Section 505 Telfair Street - Augusta, GA 30901 (7 06) 796-s040 - Fax (7 06) 796-5045 www.augustaga.gov 1S SfP'1? iitt S:L3. Attachment number 1 \nPage 1 of 1 Item # 33 P213058 oe/1,e/1.2 4 1110 858-1950 R2L6809 224004 BLA]R CONSTRUCTfON COP O BOX 770 EVANS, GA 30809 ATTN: 8SBGI BID NUMBER: CONTMGT#: EMERGENCY BUYER: DOREEN PW ENGTNEERTNG ADMTNISTRATTON505 TELFATR STREET AUGUSTA, GA 30901 i[e','iitell'Ji[?t""fi 3'#T'rF,.ff Ff]r ", T3?'.T!:193959i5,{!i2g<; i; r l_L!.llv-o_l9Es AND GoRRESP-o-NDENCE MUsr BE SENT roABovE ADDRESS aecenorcsC oisiipi;iil6'o-*iftirroru. EACH EMERGENCY CONSTRUCTION SERVICES LI'MPKTN RD FLOODTNG STORM SEWER SYSTEM REPLACEMENT. 32e-04-:-LLo /s2_23110 8L, 105 . 0 8L, 105 . 0 8L, L05. o 4,f4r-* 0001 CONDITIONS . READ CAREFULLY1 ]j,:{[$:f#:"#m'1 bvsdalue trom pav'ent or Fedenl' state, and Municipar 2. Shipplng charges p.epaid by wndor3. Payment wilt be made on @mplet€ shipments onl)4 unle$ otheMis requeged-4. DEI.IVERY TICKET MUST ACCOMPANY GOODS.5. No bad( orders. We wilt reorder if aHilabte.6. Plea* make delireries betwcen 9 A.M. and 4 pM.7. All 0oods-reeircd wilh sb3cquent. prjvilege to insped and .elurn al Vendor,sexpen* it defediw or nol in omptiane vJith ou, #ed6@ti;;"' -. . ".,.8. lndoor delirery if neessaryg. Pa)menl Net 30 or amrding to @ntEd, PURCHASING DEPARTMENT PURoHASTNG AGErr sroruarUEE Attachment number 2 \nPage 1 of 4 Item # 33 Gu,oGo ulo, IoE P IAo Eu,oltGtGa! u,r \ \hk <D - u,F o frrlJoGo u,oroEDo- Gu, @ =fz Gu,oEo tuU' IoElC j \ol @tu)lQur ozzootrtrov,55ooll, u,GE zoF a =oluE sg GoutC'E-tZ>ur ==fG 8$oo 6e EE(r- FH FeaDDtc3 s Fzu, =FE o.u,G u, =z F2tu =FE o.u,o Attachment number 2 \nPage 2 of 4 Item # 33 Blair Construction, fnc. 1311h1ilt pauing & (Inderground IJtilities4308 Evans-to-Locks Rd P.O. Box 770, Evans, Georgia 30809 Phone 706.868..t9S0 Fax 706.868.1g55 TO: Mr. Anthony Williams Construction Management Augusta Engineering Department DATE: August21,2012 QUOTE DESCRIPTION: Emergency Storm Drain Repairs On Lumpkin Road Phase ll Proposed Work Phase I - Work Compteted To Date 1 1 LS2 $ 3,312.89 $ 3,312.89 1 LS $ 4.e,oan 3 q 4,606.27Storm System Repairs/Replacement - tncludes Storm Pipe, Boxes, Curb & Gutter, Concrete 1 LS $ 26,413.67 $26,413.67 4 Aspnatl Hepairs 1 LS $ 2.219.78 q z,,xgn Job $ 36,5s2.61 $3,655.26 Billing $40,207.87 UNff.AMOUNT 1 Traffic Control 1 LS $ 1,306.4028'RCP $ r ?nA .r^ 225 LF $ sasq 3 $ lpsoszs'vonsrruq New JB over Existing 30,,RCP 1 EA $ 4,639.10 $ a,639.104Grate lnlet 3 EA $ 1.ttt sz 5 $5,134.71Remove & Reset Chainlink Fence 60 LF $ 21.7s $ 1 po7.4o6Rgmove & Flenlana ao^x 175 7 SY $ oa.ao $ 11,970.00KemOVe & Replace Shrubberv 4 EA $ i96.07I $784.28900 9 Force Account for Unforseen ltems SF $ o.so $ a<n n.t 1 LS $ s,ooo.oo $ 3,0oo.oo Total Amount $ a0,897.14 Phase I - Work Completed To D"t"q 40,207.87Phase ll- Proposed Work 40,897.14otal Cost For phase I & lt 81,105.01 Attachment number 2 \nPage 3 of 4 Item # 33 Blair Construction, Inc. !1_4\ilt eavinS & lrnderground Utilities4308 Evans-to-Locks Rd P.O. Box 770, Evans, Georgia 30g09Phone 706.868.19S0 Fax 706.868.,1855 TO: Mr. Anthony Williams Construction Management Augusta Engineering Department Phase ll - Work Not Gompleted To Date DATE: August21,2012 Q u orE D E s c R I pr I o *, ff ; :l;, & i:,"# :;r# r, Phase I - Work Completed To Date i:i;lr.llrr?.: .UNtt' .:iii!,r,-i'i::..:r,.,.r !j:4...t;t ;: ji:.:,:. 1: ITraffic Control 1 LS $ 3,312.8e2Lump Sum Construction $ q?ireo 1 LS $ 4,606.27 3 Storm System RepairVReplacement - lncludes Storm Pipe, Boxes, Curb & Gutter,Concrete 1 o 4,606.27 LS $ 26,413.67 $ 26,413.67 4 Asphalt Repairs 1 LS $ 2,219.78 $ 2,21s.78 Job C 1 $36,552.61 $3,655.26 Billing $ 40,207.87 j, '. ::: -:ri: l AMOUNT, i.,,'.r,i:r. 1 Traffic Control 1 LS $ 1,306.40 $ r "s06.+o218" RCP 225 LF 3 $ saeq $ :;.jlos.zsuonsrrud New JB Over Existing 30,,RCP 1 EA $ 4,639.10 $ a,639.104Grate lnlel 3 EA $1.711.s7 5 ! s,134.11Remove & Reset Chainlink Fence 60 LF $ zt.zs $ 1307.406Remove & Replace Asphalt 17s SY $ 68.407Remove & Replace Shrubbery $ 1.t o7n nn 4 EA $ 196.078Dress & Grass 900 1 t 784?A SF $0.50IForce Account for Unforseen ltems $ 45O.OO LS $ 3,OO0.OO $ 3,OOO.OO Total Amount $40,897.14 Phase I - Work Completed To D"t" Phase il - Work Not Compt"t"e T" D;G $ 40,897.14Total Cost For phase t & ll 81,105.01 Attachment number 2 \nPage 4 of 4 Item # 33 Commission Meeting Agenda 10/16/2012 5:00 PM On-Call Vegetation Maintenance - Bid 12-152 Department:Abie L. Ladson, PE, CPESC, Director Caption: Approve award of the On-Call Vegetation Maintenance Contract for Roadways, Street Shoulders, Right-of-Way Easements and Detention Ponds to Augusta Lawn & Turf, Inc., subject to receipt of signed contracts and proper bonds. Also approve $500,000 to fund the proposed on-call vegetation maintenance services. Funding is available through Fund Balance. Background:The Augusta Engineering Department (AED) requested contract services that include vegetation maintenance of roadways, streets, right-of-way easements and detention ponds. AED assessed the need for right-of-way maintenance and required resources to perform such maintenance, and determined that supplementing engineering and maintenance resources with on-call vegetation maintenance is a practical suitable approach to keep up with needed maintenance. Timely maintenance is needed to minimize public safety risks and associated potential hazards liability, enhance the road system as a positive aesthetic element, and control encroachment of vegetation that will damage pavement and drainage system. Analysis:Augusta Lawn & Turf being was the only company that submitted a bid. This bid was evaluated on May 18, 2012. Financial Impact:Funding in the amount of $500,000 will be available through Fund Balance to be transferred to the On-Call Vegetation Maintenance Services Contract upon Commission approval. Alternatives:1) Approve Award of the On-Call Vegetation Maintenance Contract for Roadways, Street Shoulders, Right-of-Way Easements and Detention Ponds to Augusta Lawn & Turf, Inc., subject to receipt of signed contracts and proper bonds. Also approve $500,000 to fund the proposed on-call vegetation maintenance services. Funding is available through Fund Balance. 2) Do not approve bid award and find alternative way to complete required maintenance. Cover Memo Item # 34 Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: General Fund Fund Balance REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 34 lnvitatlon to Bid Sealed bids will be received at this office until Friday, May iB, 2012 @ 1 1:00 a.m. for furnishing: Bid ltem *12'152 On-CallVegetation Maintenance for Roadways, Street Shoulders, Right-of Ways,Easements and Detention ponds for Englniring Department BID's will be received by Augustia, GA Commission hereinafter referred to as the OWNER at the offices of: GeriA. Sams Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30901 706421-2422 BID documents may be examined at the office of the Augusta, GA Procurement Department, 530 GreeneStreet - Room 605, Augusta, GA 30901. Plans and specificattons for the profea siialf ue ofitalnJ6iaffprime, subcontractors and suppliers exclusivety from ARC Southern. ffr" t""" for the prans anJspecifications which are non.refundable is $35.00. It is the wish of the Owner that all businesses are given the opportunity to submit on this project. To facilitatethis policy the owner is providing the opportunity to view plani online -(uarvru.e-arc.cornf at no charge throughARC Southern (706) 724-7924 beginning Thursday, April 12,2012. Bidd;rs arg;Atflned that dbrittG;package without Procurement of a complete set are likety to overlook issues or const uction phasing, dJ,ffof goods or services, or coordination with other work that is material to the successful comptetion of the proiect.Bidders are cautioned that acquisition of documents through any other source is not adviiauu. ecquiJii ii ordocuments from unauthorized souroes plae,es the biddei at the risk of receivinj incomplete or inacqlrateinformation upon which to base his qualifications. A Mandatory Pre'Bid Conference will be conducted at the Procurement Department , i30 GrueneStreet, Room 605 on Friday, May 4,2012 @ 1i:fi! a.m. ln the conference room.' llt qr"siion= ,rJU"suIomittedin-writingbyfaxto706821-2811or.byemailt"totheofficeoftheProcurementDepartmentbyTuesdat{,l.l"ys,20;' fax, all must be recelved by mailor hand delivered. No BID may be withdrawn for a period of 60 days afier time has been called on tlre date of opening. A !0%Bid 9ond ls required to be submltted in a separate envelope so marked atong with the bldder,squalificatlons'a 1007o performance bond and al0/0,Yo payment bond will b" r"qri;"j for award. lnvitation for bids and spxlflcaffons. An invitation for bids shall be issued by the procurement office andshall include specifications prepared in accordance with Article 4 (Product Speciticaiionsl, ana arr cont actuafterms and conditions, applicable to the procurement. All specific-requlrements contained ln the invltationto bid lnc,luding, but not limited to, the number of copies needed, ttre ilming oiitre suumis"ion,ir,"required flnancial data' and any other requlrernents d-esignated by the proc-urement Department areconsidered material conditlons of the bld which are not waiveable or modifiable by the procurementDirector. All requests to waive or modify any such material condition shall be suSmitted prrough ih€Procurement Director to the appropriate committee ol the Augusta, Georgia corrissLn ror approvaiiv in"Augusta, Georgia Commission. Please mark BID number on tfie outside oitfre envetoje. Bidders are cautioned that acquisition of BID documents through any source other than the office of theProcurement Department is not advisable. Acquisition of BID ddcuments from unauthorized sources ptaceJthe bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualificatio-n.. -- GERIA. SAMS, Procurement Director Publish: Augusta Chronicle Metro Courier cc: Tameka Allen Abie Ladson Hameed Malik Revlsed: U1512O11 April 12, 19, 26, May S, 20,12 Agril18,2012 Deputy Administrator Engineering Department Engineering Department Attachment number 1 \nPage 1 of 1 Item # 34 D t) 6) ELAr UI *t ilHtr E zX fr SS6 9. cd ./r CJ )o )\ a\ \$ ,li N ()'ItIft N s t 'v N *t F B-\9s$e6F '\J\9 aaitfiaIJI.l. a,oF \\\0\SrNi (F 8st\\.N aso r-. I N\F Ti6frEEtrfiE dEIr .9'-) YJo1 frj JO s \ a\)c s\N $ $)\N .f' n{\l- NIIr. \ b-\s ( & G N sc\ tf\t-i.-$6 S$.s \se 0a\hiI YTl. n,8Frl\t .,tOOlr F. h O{ S6 $th _$a\N\N0( .0 Cif- a \)-9o $ g N trtt{ fi3 r'taa U9 U)Qrd&ea J5l0_VQjrn iUt,!aacicnJroA 8SN\ TNE\Nq d)op ft N,.a\N,' \ .* (q I\ 1^\\\\:T ( N $f c{ Ci 7 :fona 4q -f-\ L\, \J,.= A.\\{aJ\o\< ,- $d) :rti-r.3 1e,t60+;.-is^Q s sofi trt Eqosl'- se$Ao+ 9t{I 3\JfJgI HtiFIa z 9rbraoU a-c4r) { c^l * (' ( \v) \ (v U) criYS i-A -1)4t 1,JJ --oio a-dH'.T j d lh3GI\l t $ra{ -Eo€l-g{ cg * s *.1 tI*tt +t $s$ '€ \tv \ql\ s(sq o\U litdt_rdl-731,lzl-(l& $s -(\I -) .i $ a -s 0$ : \5rri Jr'..r T t7.\a\--t. \dItG \I\ ri 5o-<o -1_s rri es =( III r- (/) \ v) * ))F, {d idaI ; oi tl ,T .N*j< .e\oFI N _l I f r O\-L E_ _tro ,dfISs--..E.s5u --ticc)(d,:l- ,ltEf UE oItro EoooIIJ -*a0)E>o.EE}EgGo cLi-a- dr EE, E6 d.E .9 a65 E.E9 ES dhE tspi€.E@ =EITEHE *E [fi r c] g B;E S; 3 EE# ES O. E $;g-o)L.f, =lJ.E9E,< &Eootr(EtroJc lg =tro ta TEJot,o lE? =o Attachment number 2 \nPage 1 of 1 Item # 34 Planholders List - Onvia DemandStar Login I Register I BEMAND$TAR r,OirlVlfi Home MY DemandStar Planholders List Member Name Bid Number Bid Name Help Buyers Suppliers Account lnfo FAQs City of Augusta, GA (Augusta Commission) tTB -1 2- I 52-0 -20 1 2 t P JM On-Call Vegetation maintenance for Roadways, Street Shoulders, Right-of-Ways, Easements & Detention Ponds Page 1 of I 1 Planholde(s) found Supplier Name I City State Phone Fax DeAngelo Brothers lnc.Hazleton PA 5704591112 5704594630 Page 1 of 1 Format for Printing lN"_E I searctr I [ .. n"u,tn j Demandstarisaproductofonvia,lnc.(c)1997.2012.Allrightsreserved.ITermsofUseIPrivacy http://www.demandstar.com/supplier/bids/planholderJist.asp?-PU:%2Fsupplier%2Fbids... 912812012 Attachment number 3 \nPage 1 of 1 Item # 34 Sq q) q) o) tO q t- I ro t: : e e r (f) N Or $t.t O) O) r* t- $ O (o O ftE saE gSHHeRa gRgEgn ggBHgEg ggHgH (f) geE B Esgegtisetgegsg;egessasggigs EoOEo= o><5S o o)co-) =q)o=.= 15 O)i:d)=O o (E U' ttE' oo- .oP o oo Ec(o t^ o Eovt(o LU ui(otr =n;sOoo | !. =!Fl!LJoo(1,)";&EQJ !) -' E o,tu, L ro Fln o cLo.1, ! 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E:;EEEE,EsE*EEEg E E E E E E.E e e E: d =cJ0- 0-o-(,(o@@tFFFl> Attachment number 4 \nPage 2 of 2 Item # 34 ENGINEERING DEPARTMENT Abie L. Ladson, P.8., CPESC, Director Hameed Malilq Ph.D., PE, Assistant Director MEMORANDUM TO: rtllFROrU: DATE: , il Mt. Geri Sams, Director of Procurement l!( oo*1. Ladson, p.8., cpEsc, Director, AED Wednesday, June 6,20t2 SUBJECT:12-152 - On CallVegetation Maintenance for Roadways and Street Shoulders, Right-of-Ways, Easements, and Detention ponds Project Number: N/A File reference: 12-014(A) AED has reviewed the bids received for the subject. AED recommends the bid be awarded to Augusta Lawn & Turf. Please do not hesitate to contact me if you require additional information. HM/ALL/scm Attachment: Bill Shanahan, Deputy Administrator Nancy Williams, Bid Management Specialist Phyllis Mills, Quality Assurance Analyst Andrew G. Mackenzie, lnterim GeneralCounsel Hameed Malik, PhD., PE, Assistant Director (AED) Anthony (Tony) Williams, Construction Manager (AED) Valerie R. Jenkins, Accountant (AED) File Augusto Engineering Administration Division 505 Telfair Street - Augusra CA 30901 (706) 796-5040 - Fax (706) 79G5045 www. auguslasa. sov Attachment number 5 \nPage 1 of 1 Item # 34 6l $l =lEDI B;I 6f;1iEl =lll Esl.. q 5l?=56 Q- frE:Lrr-*,.trG E 9ElPo I IEE{ IEE H lg,f; E lip= IESE tro EE EEE3z*c o-= t0 =bEO> trq'n'E = sd 2'=, 9o.=8.fr = oqorOo- C')sfst $lq =o E !, iEol (El;lht9lJIEIE" E .;E Ed = F: # + Fa6 Eo= S t Berfl("-.E b* =o=9b* E f;,P} EPE tgpbePi,,T E.Bf n Eg"- E UJ 36'd f r = :h5..E.E so E')o GItro E') .Etro CLopo :tt rts'tro I UJ 6 tro E oGt, T'(Eod, E,8.tr oo $5 HO -tr':t B6-5rS#fi 3 8NA =oEtr='BEsarraEl\O -t cD EEfi(J -e --() crr(E ==6Pe 3,5Ri l;a e 46 fff E PE E o q)o)(g(L Attachment number 6 \nPage 1 of 1 Item # 34 Commission Meeting Agenda 10/16/2012 5:00 PM Spring Creek Village Subdivision Dedication Department:Engineering-Abie L. Ladson, P.E., CPESC Caption: Approve the deeds of dedication, maintenance agreements, and road resolutions submitted by the Engineering and Augusta Utilities Departments for Spring Creek Village Subdivision. Background:The final plat for Spring Creek Village was approved by the Commission on July 17, 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. Portions of this subdivision lie within the jurisdiction boundaries of the Corps of Engineers wetlands, which are noted on the final plat. 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 Spring Creek Village Subdivision. 2. Do not approve and risk litigation. Recommendation:Approve Alternative Number One.Cover Memo Item # 35 Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 35 Attachment number 1 \nPage 1 of 1 Item # 35 Attachment number 2 \nPage 1 of 1 Item # 35 Attachment number 3 \nPage 1 of 2 Item # 35 Attachment number 3 \nPage 2 of 2 Item # 35 Attachment number 4 \nPage 1 of 2 Item # 35 Attachment number 4 \nPage 2 of 2 Item # 35 Attachment number 5 \nPage 1 of 3 Item # 35 Attachment number 5 \nPage 2 of 3 Item # 35 Attachment number 5 \nPage 3 of 3 Item # 35 Attachment number 6 \nPage 1 of 4 Item # 35 Attachment number 6 \nPage 2 of 4 Item # 35 Attachment number 6 \nPage 3 of 4 Item # 35 Attachment number 6 \nPage 4 of 4 Item # 35 Item # 35 Item # 35 Commission Meeting Agenda 10/16/2012 5:00 PM Street sweeping contract with Inland Services Department:Environmental Services Caption: Approve a street sweeping contract with Inland Services and make available the Crosswind sweeper to Daniel Field for as needed ramp and runway sweeping. Background:In 2011 the Environmental Services Department became responsible for street sweeping. The department initially received 6 sweepers and 2 dump trucks to perform the sweeping functions. Upon evaluation, the department has made a series of changes to the operations of street sweeping. First we auctioned off two sweepers that could not be cost effectively repaired. The Augusta Commission approved a new truck mounted mechanical sweeper, which is currently ordered and scheduled to arrive prior to the end of the year. Second, we eliminated the two small dump trucks that chased the sweepers and are using roll off boxes. We currently have 4 sweepers, three Elgin Pelicans and one Elgin Crosswind. The Pelican sweepers are three wheel, mechanical sweep models with a maximum speed of 18 miles per hour, while the Crosswind is a truck mounted, regenerative air sweeper. Both models provide unique sweeping challenges. The Pelican models are all due to be replaced due to their age, and are consistently non-operational for mechanical reasons. The Crosswind is a sweeper that is in relatively good repair, but is the wrong type of sweeper for roadway work. A regenerative air sweeper is best suited for flat surfaces where it can make a good seal with the surface. Currently the department has one employee consistently assigned to sweeping roadways. We are working on a work order basis, and are not truly working on a preventative sweeping program. With special events, or unique situations, we pull additional resources from the vacant lot crews or the landfill to assist with those exceptions. The Environmental Services Department released an RFP for street sweeping services on July 2, 2012. Bids were received and contracts were negotiated. Analysis:Today we are at a cross roads relating to sweeping. We can continue on as we are, or we can enhance the system. The department is proposing moving to a preventative maintenance model. We are proposing having every street within Augusta Cover Memo Item # 36 swept quarterly. We are also proposing to have all the solid surface areas under the guard rails, raised solid surface medians, as well as the curb lines spot sprayed with herbicide. Moving to a preventative program should improve the aesthetics to Augusta and its guests, provide safer operating conditions for those on the roads, as well as eliminate much of the materials that fill our storm pipes and retention ponds. Overall, with the assets assigned and the personnel allocation, the Environmental Services Department cannot offer an effective street sweeping program. For Augusta to have an effective program, we will need to invest money and personnel into the program. Augusta would need to acquire 3 additional sweepers at a cost of approximately $250,000 each. We would need an additional roll off truck to haul the debris at a cost of approximately $250,000. Understand that street sweepers used in such a fashion require replacement every 5 years, so capital outlay is an ongoing re-investment. The initial investment on assets is approximately $1 million dollars, creating an estimated annual depreciation of $200,000 per year. The Environmental Services Department would also need to hire a minimum of 4 additional staff to perform the sweeping/hauling work. Those individuals have a hiring range to $29,540 each plus benefits. The cost of labor for such a program would be approximately $199,350 annually inclusive of 35% benefits. The department estimates that the sweepers will use 5 gallons of fuel per hour to operate. With 12,000 miles of roadway to sweep, at an estimated sweep speed of 3 miles per hour, and a current fuel cost of $4.00 per gallon yields an annual fuel cost of $144,000. When adding in the roll off truck fuel for transferring materials the estimated fuel cost is $162,720. Maintenance costs on such a program are harder to predict. Therefore we have used historical numbers to create this estimate. While our current sweepers are older, their use has been infrequent. We are assuming that newer machines operating more will create a similar maintenance cost. In the last 12 months, Augusta has spent $74,727 on sweeper maintenance of the existing 4 sweepers. This number does not account for roll off truck maintenance to transfer the materials to the landfill. Augusta has no reference available on what an herbicide program will cost. We do however, know that it will improve aesthetics in Augusta, reduce the cost of mowing for other departments, as well as improve driver visibility. By contracting the services, Augusta does not have to expend any additional capital, and can maintain a contract management role. The contractor has proposed a curb mile rate of $64.92 for roads within Augusta and a rate of $85.09 for interstate work should Augusta enter into an agreement with GDOT to provide such services. With an estimated 2,800 curb miles of secondary roads and 183 curb miles of freeway, the annual contract cost to have quarterly sweeping and herbicide application is approximately $806,300 annually. A final cost that Augusta must bear in either case is the disposal of materials. At this point disposal is an unknown factor. Currently there are a lot of materials on the roads needing to be removed. Augusta has no Cover Memo Item # 36 good method of predicting this expense. Financial Impact:The economic costs/benefits are not easily calculated. We have calculated that our internal cost to sweep is $636,797 annually and our contract cost to sweep and apply herbicide is $806,300. However, these costs are for different scopes of service. More importantly is trying to calculate what the cost is to Augusta for not providing a preventative maintenance program. The Environmental Services Department is not capable of quantifying the amount of money spent on cleaning storm pipes and ponds due to not sweeping roads timely. However, one would speculate that it is a significant amount. To pay for an expanded program, the Environmental Services Department would first recommend changing the solid waste collection fee to an environmental services fee. In doing so, it would allow the department to charge for secondary services such as street sweeping. Second, the Commission would need to provide guidance on the billing methodology. The Environmental Services Department sees two options for this. First, if GIS has the length of frontage per parcel than we could charge a per frontage foot fee. If that data is not available, then we could charge a flat fee per parcel. The components of pricing should include all costs associated plus the cost of disposal. We currently have no good way to predict the value of the disposal. We would guess that disposal would be 40% ($322,500) of the value of the contract. This cost will need to be trued up in the second year to reflect actual conditions. The estimated first year cost would be $1,130,000. On a per foot basis would make the rate approximately 7-10 cents per foot per year. On a per parcel basis would make the cost per parcel approximately $16-18 dollars per year. Alternatives:1. Approve a street sweeping contract with Inland Services and make available the Crosswind sweeper to Daniel Field for as needed ramp and runway sweeping. 2. Do not approve Recommendation:Approve a street sweeping contract with Inland Services and make available the Crosswind sweeper to Daniel Field for as needed ramp and runway sweeping. Funds are Available in the Following Accounts: TBD REVIEWED AND APPROVED BY: Finance. Cover Memo Item # 36 Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 36 September 28, 2012 Mr. Mark Johnson , Director Augusta Department of Solid Waste 4330 Deans Bridge Rd. - US 1 Blythe, Georgia 30805 Regarding: Revised Street Sweeping Pricing Dear Mr. Johnson: Pursuant to our discussions, Inland Service Corporation is pleased to provide updated pricing to perform Street Sweeping Services in accordance with the terms and conditions outlined under the proposed Agreement and RFP # 12-175. Under the proposed revisions, the City has requested pricing to convert all vehicles to compressed natural gas. Additionally, the company has incorporated the requirements to provide $250,000 in media and capital costs. As we discussed in our recent conversations, bringing the City streets into compliance will not be an immediate process. We are willing to working with the City’s current street sweeping personnel and fleet during the first quarter of the Agreement to assist in this endeavor. Pursuant to your request, we are very pleased to provide the pricing below using both CNG and diesel powered roll-off vehicles to support our collection activities. Option 1 Utilizing New CNG-powered Roll-off Vehicle Option 2 Utilizing Currently Owned Diesel-powered Roll-off Vehicle Price per Curb Mile $ 69.21 $64.92 GDOT Price per Curb Mile $ 89.37 $ 85.09 Hourly Rate $ 215.00 $ 215.00 Thank you again for the opportunity. We look forward to discussing this pricing with you in more specific detail. Sincerely, Monty Davison Chief Financial Officer INLAND SERVICE CORPORATION SOLID WASTE & RECYCLING SOLUTIONS 8404 East Gore Blvd. Lawton, Oklahoma 73501 office: (580) 353-4556 fax: (580) 353-4557 www.inlandservice.com Attachment number 1 \nPage 1 of 1 Item # 36 lnvitation to Bid Sealed bids will be received at this office until Friday, August 10, 2012 @ 1 1 :00 a.m. for furnishing: Bid ltem 12-175 Street Sweeping Services for Environmental Services Department Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: GeriA. 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. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@auqustasa.qov to the office of the Procurement Department by Friday, July 27, 2012 by 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 loca! 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 othenlrise meets the requirements for approva! as a local bidder, will not be qualified for a bid preference on such eligible loca! project. No Bid may be withdrawn for a period of 90 days after time has been called on the date of opening. A 100% performance bond and a 100% payment bond will be required for award. lnvitation 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 Iimited 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 materia! 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. GERIA. SAMS, Procurement Director Augusta Chronicle July 5, 12, 19,26,2012 Metro Courier July 11,2012 cc: Tameka Allen Deputy Administrator Mark Johnson Environmental Services DepartmentLoriVidetto Environmental Services Department Revised: Blt5/20Ll Attachment number 2 \nPage 1 of 1 Item # 36 Attachment number 3 \nPage 1 of 1 Item # 36 Planholders List - Onvia DemandStar Login I Register I DEMANDSTAR ry O0rlUl/t Home My DemandStar Planholders List Member Name Bid Number Bid Name 6 Planholde(s) found. Buyers Suppliers Account lnfo FAQS City of Augusta, GA (Augusta Commission) tTB-12-175-0-2012tG5 Street Sweeping Services Page I of 1 Help Supplier Name I City State Phone Far AC Sweepers and Maintenance, lnc.Kennesaw GA 6788079337 7707948188 DeAngelo Brothers lnc.Hazleton PA 5704591112 5704594630 Environmental Products of Florida Apopka FL 4077980004 4077980014 Onvia. lnc. - Content Department Seattle WA 2063739500 8882637801 Star Cleaning USA, lnc Pembroke Pines FL 9546807827 9544346467 Sweeping Corporation of America, lnc.Nashville TN 6152518557 61 5251 8543 Page 1 of 1 Format for Printing d!". -E l' Searcr, I [ .. n"trn I Demandstarisaproductof Onvia,hc. (c)1997-2012.Allrightsreserued. I TemsotUse I Privacy http://www.demandstar.com/supplier/bids/planholder_list.asp?_PU:%2Fsupplier%2Fbids... 9/2912012 Attachment number 4 \nPage 1 of 1 Item # 36 Al Sanitation 3458 Peach Orchard Road Augusta, GA 30906 Berry Smith Sanitation 1308 New Savannah Road Augusta, GA 30901 Rhino Services 19 Johnston Circle Palmetto, GA 30268 C&L Sweeper Service 350 Faraday Avenue Jackson, NJ 08527 Carolina SweePing Seruices, lnc 5601Oak Hil! Road Sumter, SC 29154 Ambrose lndustrial Service 1495 Hawthorne Ave SE Smyrna, GA 30080 Central Sweeping Service lncorporated TTl Business ParkwaY Winter Garden, FL34787 1800 Sweeper 5202 Enterprise Blvd Suite B Toledo, OH 43612 Corporate Commercial Sweeping, lnc 1140 Northpoint Trace Roswell, GA 30075 Southern SweePers 8 Godley Road Port Wentworth, GA 31407-9750 Advanced Disposal Attn: Mr. BobbY Williams 5734 Columbia Road Grovetown, GA 30813 I nland Service CorPoration Attn: Mr. MontY Davison 701Santa lsabelBlvd. Laguna Vista, TX 78578 Sweeping Corp of America 5594 Oak Ridge WaY, SW Austell, GA 30168 Greenville Maintenance Services lnc. 2503 Rutherford Rd Greenville, SC 29609 Accusweep & LandscaPe, lnc. PO Box 2LL789 Columbia, SC2922l Eastcoast SiteWork 22 South Hope ChaPel Road Jackson, NJ 08527 Three D Maintenance CorP. Attn: John Dubbioso 3 Browns Lane Hawthorne, NY 10532 CSRA Sweeping Services, lnc 2105 Balfour Street Augusta, GA 30906 Jeepers SweePers 4202 Old Louisville Road Garden City, GA 31408 Sweeping Corporation of America 6694 Oak Ridge Commerce WaY Austell, GA 30168 Augusta Disposal & RecYcling,lnc. Attn: Mr. Norm Girardin P.O. Box 334 Evans, GA 30809 Metropolitan Waste, !nc. Attn: Mr. James Brown 1824 Wylds Road, Suite A5 Augusta, GA 30909 USA Services 448 Spring Hammock Court Longwood, tL3275O Atlanta SweePing Services 1057 Citizens ParkwaY P.O. Box 870892 Morrow, GA 30287 Elite Maintenance Services, lnc. 9532 Hebron Commerce Dr. Charlotte, NC 28273 Commercial Power SweeP, !nc. P.O. Box 2595 Napa, CA 94558 Szeremi Sweeping Service LLC 721 North B Street Sacramento, CA 95811 Atlanta Sweeping Services 3500 Lawrenceville Suwanee Road Suwanee, GA 30024 McGraw Services 4810 Covington HighwaY Decatur, GA 30035 Unique Sweeper Service 3528 Trolley Line Road Aiken, SC 29801 Attachment number 5 \nPage 1 of 2 Item # 36 Yvonne Gentry Augusta LSB Office AC Sweepers & Maintenance,lnc Attn: Latasha Crenshaw 1923 Breckendale Road NW Kennesaw, GA 30152 LoriVidetto Augusta Environmental Services Bid ltem #12-175 Street SweePing Services For Augusta Environmental Services Mailed Out July 5,2012 Mark Johnson Augusta Environmental Services Bid ltem #12-175 Street SweePing Services For Augusta Environmental Services Bid Due: Frl08110112 @ 11:00 A.M. Attachment number 5 \nPage 2 of 2 Item # 36 ENTYIRONMENTAL SERVICES DEPARTMENT MarkJohnson Dircctor TO: trIROM: DATE: SU&IECT: MEMORAI\DUM Geri Sams Director - Pnocurement MerkJohnso ^f['Director ll August 24r20l2 Bid Item l2-l7s- Street Srreeping Semices Departmental Recommendation In response to Bid ltem 12-175 - Street Sweeping Services, compliant bids were received from the fotlowing companies: AC Sweepers & Maintenan@, Inc., Inland Services, and Progressive Sweeping Contractors. Each submission was evaluated per the criteria in the bid. Based on our evaluation, it is our recommendation that contract negotiations begin with Inland Services. Thank you in advance for your time and attention. Please feel free to contact me at 706-592-3201, should you have any questions or require any additional information. Nancy Williams Phyllis Mills File 2? flUG'12 *r.rl1:45 Environmentrl Services Dcpartment 4330 Deans Bridge Road, Blythe, GA 30805 (706) 592-3200 - Fax (706) 592-3255 WWW.AUGUSTAGA.GOV Cc: Attachment number 6 \nPage 1 of 1 Item # 36 Commission Meeting Agenda 10/16/2012 5:00 PM Utilities Department Pipeline Inspection System Camera Department:Clerk of Commission Caption:Motion to approve the sole source purchase from Environmental Products of Georgia of a Pipeline Inspection System Camera by Envirosight, LLC at a total cost of $81,750.00 for the Utilities Department. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 37 Attachment number 1 \nPage 1 of 7 Item # 37 Attachment number 1 \nPage 2 of 7 Item # 37 Attachment number 1 \nPage 3 of 7 Item # 37 Attachment number 1 \nPage 4 of 7 Item # 37 Attachment number 1 \nPage 5 of 7 Item # 37 Attachment number 1 \nPage 6 of 7 Item # 37 Attachment number 1 \nPage 7 of 7 Item # 37 Commission Meeting Agenda 10/16/2012 5:00 PM Minutes Department:Clerk of Commission Caption:Motion to approve the minutes of the regular meeting of the Commission held October 2, 2012. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 38 Commission Meeting Agenda 10/16/2012 5:00 PM Board of Health Appts. Department: Caption:Motion to approve the reappointment of the following on the Richmond County Board of Health to a four-year term Deborah Presnell, Rosa Clemons and Shirley Evans ending 12/31/14. (Requested by Commissioner Jerry Brigham) Background:Appointments were made in Jan., Feb and May, 2008 to fill unexpired terms ending 12/31/10. Appointees are still serving in "Hold overs" status in accordance with O.C.G.A. 45-2-4 and are eligible for reappointments with terms ending 12/31/14. Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 39 Item # 39 Item # 39 Item # 39 Item # 39 Item # 39 Item # 39 Item # 39 Commission Meeting Agenda 10/16/2012 5:00 PM Board of Health Nurse Appt. Department: Caption:Consider the recommendation(s) of the 10th District Nurses Association to appointment one of the following to the Richmond County Board of Health: Cathy Green, Patricia Cook , Patricia Lynch-Hayes for a four year term. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 40 Item # 40 Item # 40 Item # 40 Item # 40 Commission Meeting Agenda 10/16/2012 5:00 PM FY 2013 Proposed ARC Budget Department: Caption:Presentation of FY 2013 Augusta-Richmond County Budget. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 41 Commission Meeting Agenda 10/16/2012 5:00 PM November 6th Meeting Department: Caption:Motion to approve the rescheduling of the regular scheduled November 6th meeting to Thursday, November 8, 2012. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 42 Commission Meeting Agenda 10/16/2012 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 # 43