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HomeMy WebLinkAbout2013-06-18-Meeting Agenda Commission Meeting Agenda Commission Chamber 6/18/2013 5:00 PM INVOCATION: Rev. Melvin Ivey, Pastor, Greater St. John Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. RECOGNITION(S) 2013 Georgia Golf Hall of Fame A. Congratulations! Laura Coble's induction into the Georgia Golf Hall of Fame. (Requested by Commissioner Mary Davis) Attachments CONSENT AGENDA (Items 1-29) PLANNING 1. Z-13-14 – A request for concurrence with the Augusta Georgia Planning Commission to withdraw without prejudice a petition by Jud C. Hickey Center for Alzheimer’s Care, on behalf of Carl W. Purvis and Carol Lee Williams, requesting a Special Exception for an expansion of the Jud C. Hickey Adult Day Care for Alzheimer’s Care per Section 26-1 (e) of the Comprehensive Zoning Ordinance for Augusta, Georgia affecting property containing approximately .34 acres and is known as 1902 and 1904 McDowell Street (Tax Map 045-3-027-01-0 and 045-3- 028-00-0) DISTRICT 1 Attachments 2. Z-13-27 - A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Sarah Ellison, on behalf of Mike Samadi, requesting a Special Exception to establish a Family Personal Care Home per Section 26-1 (H) of the Comprehensive Zoning Ordinance for Augusta, Georgia affecting property containing .45 acres Attachments and is known as 2118 Sanders Road. (Tax Map 098-3-208-00-0) DISTRICT 2 3. Z-13-30 - A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Nadine R. Pulling-Favors, on behalf of Robert Wilkie, requesting a Special Exception to establish an Adult Day Care per Section 26-1 (E) on property situate, lying and being in the State of Georgia, and in the County of Richmond containing 1.17 acres and known as 930 Stevens Creek Road. (Tax Map 007-0- 019-00-0) DISTRICT 7 Attachments 4. Z-13-31 - A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Capers and Associates, on behalf of Horton American Properties, requesting a change of zoning from Zone B-2 (General Business) with conditions to Zone B-2 (General Business) affecting property containing approximately 5.8 acres and is known as 2205 Milledgeville Road. (Tax Map 068-0-014-04-0) DISTRICT 4 Attachments 5. Z-13-32 - A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Toya Coleman, on behalf of Melvin Coleman, requesting a change of zoning from Zone LI (Light Industry) to Zone B-2 (General Business) affecting property containing approximately 1.27 acres and known as 1271 Gordon Highway. (Tax Map 073-0-018-00-0) DISTRICT 1 Attachments 6. Z-13-33 - A request for concurrence with the Augusta Georgia Planning Commission to approve with the following condition 1) that a 20 foot vegetative buffer conforming with the Augusta Georgia Tree Ordinance rear yard requirements be constructed and maintained along the northeast property line of the subject property adjacent to the rear property lines of the Bayvale Road residents; a petition by Ross Trulock, on behalf of the Salvation Army, requesting a change of zoning from Zone R-3B (Multiple-family Residential) to Zone P-1 (Professional) with a Special Exception affecting property containing approximately 12.49 acres and is known as 2125 Bayvale Road. (Tax Map 055-0-006-01-0) DISTRICT 5 Attachments PUBLIC SERVICES 7. Motion to approve RFP 13-118, Architectural and Engineering Services for Fleming Tennis Center to Johnson Laschober & Associates in the amount of $47,500. (Approved by Public Services Committee June 10, 2013) Attachments 8. Motion to approve RFP 13-119, Architectural and Engineering Services, for Valley Park to Moreland Altobelli & Associates in the amount of $23,660. (Approved by Public Services Committee June 10, 2013) Attachments 9. Motion to approve the Sec. 5311 Rural Transit grant amendment between the Georgia Department of Transportation (GDOT) and Augusta, Georgia. (Approved by Public Services Committee June 10, 2013) Attachments 10. Motion to direct the Administrator to provide the Commission with all documents of the proposal for review and bring back at the next committee with a formal plan for approval relative to the First Tee/Augusta Municipal Golf Course proposal. (Approved by Public Services Committee June 10, 2013) Attachments 11. Motion to approve the Selection of Augusta Lawn and Turf, Inc. to provide Augusta Regional Airport with grounds and landscaping services and approve the attached contract as approved by the Augusta Aviation Commission at their May 30, 2013 meeting. (Approved by Public Services Committee June 10, 2013) Attachments 12. Motion to authorize Turner Construction Company to award Bid Package #6, in the amount of $2,021,703, which provides the Demolition and Abatement for the Augusta Georgia Municipal Building Renovations and Modernization. (Approved by Public Services Committee June 10, 2013) Attachments ADMINISTRATIVE SERVICES 13. Motion to approve rotating the scheduled meeting time for all committees at two month intervals in accordance with proposed schedule presented by Commissioner Davis. (Approved by Administrative Services Committee June 10, 2013) Attachments PUBLIC SAFETY 14. Motion to approve Fiscal Year 2014 County Capacity Agreement between the Georgia Department of Corrections and Augusta, Georgia relative to state inmates housed in RCCI and to authorize the Mayor and Clerk of Commission to execute such documents as necessary to consumate the agreement.(Approved by Public Safety Committee June 10, 2013) Attachments 15. Motion to approve the replacement of obsolete technology equipment (desktops, laptops, servers, scanners and printers, etc.) that has reached their end of life cycle and purchase any required computer software upgrades. (Approved by Public Safety Committee June 10, 2013) Attachments 16. Motion to approve a Statewide Electronic Secondary Metals Recycler Database Agreement between Richmond County, the Richmond County Sheriff and the Georgia Sheriffs Association.(Approved by Public Safety Committee June 10, 2013) Attachments 17. Motion to approve asking Judge Slaby to move forward with a proposal to do the work involved with the creation of a Traffic Violation Bureau. (Approved by Public Safety Committee June 10, 2013) Attachments 18. Motion to approve ordinance to protect pets by prohibiting operators of motor vehicles from leaving the vehicle with an unattended dog, cat or other animal inside under circumstances that would endanger the animal's health, safety, or welfare. (Approved by Public Safety Committee June 10, 2013) Attachments 19. Motion to approve ordinance to protect the children of Augusta, Georgia by prohibiting operators and adult passengers of motor vehicles from leaving the vehicle with an unattended child inside. (Approved by Public Safety Committee June 10, 2013) Attachments FINANCE 20. Motion to approve Water and Sewer Revenue Bonds Series 2013 bond resolution and authorize the Mayor and Clerk to sign all necessary documents. (Approved by Finance Committee June 10, 2013) Attachments 21. Motion to approve the designation of “McBean Enterprise Zone”. (Approved by Finance Committee June 10, 2013) Attachments ENGINEERING SERVICES 22. Motion to approve the maintenance agreement with the Georgia Department of Transportation for the installation of a mural on the Wrightsboro Rd. Side of the 15th Street Rosa T. Beard Memorial Bridge. (Approved by Engineering Services Committee June 10, 2013) Attachments 23. Motion to approve CPB #323-041110-296823603, Supplemental Agreement Number Four, and Change Number Six with Hussey, Gay, Bell and DeYoung, Inc. in the amount of $41,000.00 to survey, design and construct a 16 inch water main for the Marvin Griffin Road Improvements Project, as requested by the Engineering Department (AED) & the Utilities Department (AUD). Funds are available in the Augusta Utilities Project account.(Approved by Engineering Services Committee June 10, 2013) Attachments 24. Motion to approve notification of the award of a contract with Quality Storm Water Solutions for services associated with construction of the Fort Gordon New Water and Sewage Connections under the Task Order Program for Infrastructure RFQ #11-130 in the amount of $587,688.53, Bid item #13-116. (Approved by Engineering Services Committee June 10, 2013) Attachments 25. Motion to approve receiving an update from Attorney Jim Wall regarding the possible contamination and delinquent taxes of the Southern Milling Company property located at 1015 Twiggs Street at the Commission June 18th meeting. (Approved by Engineering Services Committee June 10, 2013) Attachments 26. Motion to approve the deeds of dedication, maintenance agreements, and road resolutions submitted by the Engineering and Augusta Utilities Attachments Departments for Willhaven Subdivision, Phase III, Section III. (Approved by Engineering Services Committee June 10, 2013) PETITIONS AND COMMUNICATIONS 27. Motion to approve the rescheduling of the July 2, 2013 regular meeting to Thursday, June 27, 2013. Attachments 28. Motion to approve the minutes of the regular meeting of the Commission held June 4, 2013 and Special Called Meeting held June 10, 2013. Attachments APPOINTMENT(S) 29. Motion to approve the appointment of Ms. Willene Colvin to the ARC Animal Control Board representing District 9. Attachments ****END CONSENT AGENDA**** AUGUSTA COMMISSION 6/18/2013 AUGUSTA COMMISSION REGULAR AGENDA 6/18/2013 (Items 30-43) PLANNING 30. Z-13-19 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the following conditions 1) that the petitioner must come into compliance with site plan regulations, the Augusta Tree Ordinance, and the Stormwater Management Ordinance or obtain variances from such regulations; 2) come into compliance with the Fire Department Regulations; 3) the petitioner must obtain a valid business license but no license shall be issued until all such compliance is in place and; 4) all residential use of the property shall cease; a petition by Perry Smith, on behalf of Teresa D. Smith, requesting a change of zoning from Zone R-1A (One-family Residential) to Zone P-1 Attachments (Professional) affecting property containing .21 acres and known as 1428 Springview Drive. (Tax Map 041-4-037-00-0) DISTRICT 5 31. Z-13-22 - A request for concurrence with the Augusta Georgia Planning Commission to approve with the following conditions 1) there shall be no new median cut on Alexander Drive, the existing cut may be modified if necessary and approved by Traffic Engineering Department; 2) a 100 foot natural buffer shall be maintained on the east property line, the first 50 feet closest to National Hills Subdivision shall remain undisturbed; 3) no vehicle access to Woodchip Drive or streets in National Hills West Subdivision except a gated emergency access through National Hills West Subdivision; 4) units not to exceed 252; and 5) the height of the buildings may not exceed 3 stories above ground, basements are excluded; a petition by Emory Equity LLC, on behalf of Cliff Channell, requesting a change of zoning from Zone R-1A (One-family Residential) and Zone R-3A (Multiple-family Residential) to Zone R- 3B (Multiple-family Residential) on property containing approximately 21.65 acres and known as 1034 Alexander Drive and 2000 Fleetwood Drive (Tax Map 013-1-002-05-0 and 013-1-002-09-0) DISTRICT 7 Attachments PUBLIC SERVICES 32. Motion to extend the contract with Heery International for Capital Improvement Program Management on SPLOST projects through April 30, 2015 for an extended contract price increase of $1,646,566 and a revised estimated not exceed contract amount of $11,615,082.(No recommendation from Public Services Committee June 10, 2013) Attachments 33. Update from the Administrator and RecreationDepartment regarding the Commission's June 10th tour of Riverwalk and the timeline associated with completing the identified landscaping, lighting, and other structural items that need to be addressed and repaired. (Requested by Mayor Pro Tem Corey Johnson) Attachments 34. For Discussion: Mr. Henry N. Crane III on behalf of Mr. Timothy Lowery request the Commission to reconsider the decision to suspend the Business Tax Certificate and Dance Hall License for Mr. Timothy Lowery, d/b/a: Skittlez Bar and Grille at 1855 Gordon Highway. Attachments 35. Notice of Appeal: Mr. Henry N. Crane III on behalf of Mr. Timothy Lowery appeals the Commission’s ruling to suspend the Alcohol Licenses for Mr. Timothy Lowery, d/b/a: Skittlez Bar and Grille at 1855 Gordon Highway pursuant to Augusta-Richmond County Code Section 6-2-75 (g). Attachments 36. Motion to approve the By-Laws for the Transit Citizens Advisory Committee (TCAC). Attachments ADMINISTRATIVE SERVICES 37. Discuss filling the County Attorney's position. (Requested by Commissioner Marion Williams) Attachments 38. Discuss Department Director's response time to request(s) for information from members of the Commission. (Requested by Commissioner Marion Williams) Attachments 39. Motion to direct the Administrator and staff to seek qualified applicants to fill the vacant position listed in the Consolidation Act as "Equal Employment Opportunity Director and as Director of Minority and Small Business Opportunities" and to submit the Administrator's recommended candidate to Commission for consideration and approval. (Requested by Commissioner Joe Jackson) Attachments 40. Presentation by Mr. Ellis Albright of the CSRA Business League regarding minority, women and disadvantaged businesses. (No recommendation from Administrative Services Committee June 10, 2013) Attachments 41. Motion to approve a "No Confidence Vote" relative to the performance or lack of performance of the Augusta-Richmond County General Counsel. (Requested by Commissioner Bill Lockett) Attachments ENGINEERING SERVICES 42. Discuss 2013 Solid Waste Contract/Contract Term. (Requested by Attachments Upcoming Meetings www.augustaga.gov Commissioner Marion Williams) LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 43. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Commission Meeting Agenda 6/18/2013 5:00 PM Invocation Department: Caption: Rev. Melvin Ivey, Pastor, Greater St. John 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 6/18/2013 5:00 PM 2013 Georgia Golf Hall of Fame Department: Caption: Congratulations! Laura Coble's induction into the Georgia Golf Hall of Fame. (Requested by Commissioner Mary Davis) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 2 Commission Meeting Agenda 6/18/2013 5:00 PM Z-13-14 Department:Planning Commission Caption: Z-13-14 – A request for concurrence with the Augusta Georgia Planning Commission to withdraw without prejudice a petition by Jud C. Hickey Center for Alzheimer’s Care, on behalf of Carl W. Purvis and Carol Lee Williams, requesting a Special Exception for an expansion of the Jud C. Hickey Adult Day Care for Alzheimer’s Care per Section 26-1(e) of the Comprehensive Zoning Ordinance for Augusta, Georgia affecting property containing approximately .34 acres and is known as 1902 and 1904 McDowell Street (Tax Map 045-3-027-01-0 and 045-3-028- 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 # 3 Commission Meeting Agenda 6/18/2013 5:00 PM Z-13-27 Department:Planning Commission Caption: Z-13-27 - A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Sarah Ellison, on behalf of Mike Samadi, requesting a Special Exception to establish a Family Personal Care Home per Section 26-1 (H) of the Comprehensive Zoning Ordinance for Augusta, Georgia affecting property containing .45 acres and is known as 2118 Sanders Road. (Tax Map 098-3-208-00-0) 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 # 4 Commission Meeting Agenda 6/18/2013 5:00 PM Z-13-30 Department:Planning Commission Caption: Z-13-30 - A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Nadine R. Pulling- Favors, on behalf of Robert Wilkie, requesting a Special Exception to establish an Adult Day Care per Section 26-1 (E) on property situate, lying and being in the State of Georgia, and in the County of Richmond containing 1.17 acres and known as 930 Stevens Creek Road. (Tax Map 007-0-019-00-0) DISTRICT 7 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 6/18/2013 5:00 PM Z-13-31 Department:Planning Commission Caption: Z-13-31 - A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Capers and Associates, on behalf of Horton American Properties, requesting a change of zoning from Zone B-2 (General Business) with conditions to Zone B-2 (General Business) affecting property containing approximately 5.8 acres and is known as 2205 Milledgeville Road. (Tax Map 068-0-014-04-0) DISTRICT 4 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 6/18/2013 5:00 PM Z-13-32 Department:Planning Commission Caption: Z-13-32 - A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Toya Coleman, on behalf of Melvin Coleman, requesting a change of zoning from Zone LI (Light Industry) to Zone B-2 (General Business) affecting property containing approximately 1.27 acres and known as 1271 Gordon Highway. (Tax Map 073-0-018-00-0) 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 # 7 Commission Meeting Agenda 6/18/2013 5:00 PM Z-13-33 Department:Planning Commission Caption: Z-13-33 - A request for concurrence with the Augusta Georgia Planning Commission to approve with the following condition 1) that a 20 foot vegetative buffer conforming with the Augusta Georgia Tree Ordinance rear yard requirements be constructed and maintained along the northeast property line of the subject property adjacent to the rear property lines of the Bayvale Road residents; a petition by Ross Trulock, on behalf of the Salvation Army, requesting a change of zoning from Zone R-3B (Multiple- family Residential) to Zone P-1 (Professional) with a Special Exception affecting property containing approximately 12.49 acres and is known as 2125 Bayvale Road. (Tax Map 055-0-006- 01-0) DISTRICT 5 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 8 Commission Meeting Agenda 6/18/2013 5:00 PM Z-13-19 Department:Planning Commission Caption: Z-13-19 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the following conditions 1) that the petitioner must come into compliance with site plan regulations, the Augusta Tree Ordinance, and the Stormwater Management Ordinance or obtain variances from such regulations; 2) come into compliance with the Fire Department Regulations; 3) the petitioner must obtain a valid business license but no license shall be issued until all such compliance is in place and; 4) all residential use of the property shall cease; a petition by Perry Smith, on behalf of Teresa D. Smith, requesting a change of zoning from Zone R-1A (One-family Residential) to Zone P-1 (Professional) affecting property containing .21 acres and known as 1428 Springview Drive. (Tax Map 041-4-037-00-0) DISTRICT 5 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 9 Commission Meeting Agenda 6/18/2013 5:00 PM Z-13-22 Department:Planning Commission Caption: Z-13-22 - A request for concurrence with the Augusta Georgia Planning Commission to approve with the following conditions 1) there shall be no new median cut on Alexander Drive, the existing cut may be modified if necessary and approved by Traffic Engineering Department; 2) a 100 foot natural buffer shall be maintained on the east property line, the first 50 feet closest to National Hills Subdivision shall remain undisturbed; 3) no vehicle access to Woodchip Drive or streets in National Hills West Subdivision except a gated emergency access through National Hills West Subdivision; 4) units not to exceed 252; and 5) the height of the buildings may not exceed 3 stories above ground, basements are excluded; a petition by Emory Equity LLC, on behalf of Cliff Channell, requesting a change of zoning from Zone R-1A (One-family Residential) and Zone R-3A (Multiple- family Residential) to Zone R-3B (Multiple-family Residential) on property containing approximately 21.65 acres and known as 1034 Alexander Drive and 2000 Fleetwood Drive (Tax Map 013-1-002-05-0 and 013-1-002-09-0) DISTRICT 7 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: Cover Memo Item # 10 REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 10 Commission Meeting Agenda 6/18/2013 5:00 PM Architectural and Engineering Services for Fleming Tennis Center Improvements Department:Recreation, Parks and Facilities Caption:Motion to approve RFP 13-118, Architectural and Engineering Services for Fleming Tennis Center to Johnson Laschober & Associates in the amount of $47,500. (Approved by Public Services Committee June 10, 2013) Background:Funds were appropriated through SPLOST VI for improvements to the Fleming Tennis Center, owned and maintained by Augusta Recreation, Parks and Facilities Department and managed through a partnership with MACH Academy. Among the improvements the consultant will be tasked with is the design and engineering to rehabilitate five (5) existing courts with new lighting, the construction of a minimum two (2) new lighted courts along with associated site improvements. Analysis:Request for Proposals were issued to a total of seven (7) pre- qualified consultants to provide professional services required for improvements at Fleming Tennis Center. A total of three (3) firms responded to the RFP. After evaluating the proposals based upon criteria established by the Recreation, Parks and Facilities Department and the Procurement Department, the evaluation committee recommends ward of RFP 13-118 to Johnson, Laschober & Associates in the amount of $47,500. Financial Impact:A total of $600,000 has been allocated and approved for improvements at Fleming Tennis Center from SPLOST VI which include costs for design, construction and contingency. Alternatives:1. To Approve and professional services agreement with Johnson Laschober & Associates in the amount of $47,500. 2. Move No Action thus delaying the intended improvements at this tennis complex. Recommendation:1. To Approve Cover Memo Item # 11 Funds are Available in the Following Accounts: 328061110 - 213066204 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 11 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 # 1 1 Commission Meeting Agenda 6/18/2013 5:00 PM Architectural and Engineering Services for Valley Park Improvemnt Project Department:Recreation, Parks and Facilities Caption:Motion to approve RFP 13-119, Architectural and Engineering Services, for Valley Park to Moreland Altobelli & Associates in the amount of $23,660. (Approved by Public Services Committee June 10, 2013) Background:Funds were appropriated through SPLOST VI for improvements to the Valley Park, owned and maintained by Augusta Recreation, Parks and Facilities Department. Among the improvements the consultant will be tasked with is the design and engineering for new park development and master planning services for a walking track, playground area, and comfort station. Analysis:Request for Proposals were issued to a total of seven (7) pre- qualified consultants to provide professional services required for improvements at Valley Park. A total of three (3) firms responded to the RFP. After evaluating the proposals based upon criteria established by the Recreation, Parks and Facilities Department and the Procurement Department, the evaluation committee recommends ward of RFP 13-119 to Moreland Altobelli Associates in the amount of $23,600. Financial Impact:A total of $250,000 has been allocated and approved for improvements at Valley Park from SPLOST VI which include costs for design, construction and contingency. Alternatives:1. To Approve and professional services agreement with Moreland Altobelli Associates in the amount of $23,660. 2. Move No Action thus delaying the intended improvements at this neighborhood park. Recommendation:1. To Approve Funds are Available in the Following 328061110 - 213066205 Cover Memo Item # 12 Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 12 VALLEY PARK | CITY OF AUGUSTA TASK TOTALS RLA PE RA DES INSP KICK OFF MEETING/STAFF AND NEIGHBORHOOD 8 8 DRAFT CONCEPT 4 4 NEIGHBORHOOD MEETING 2 2 FINAL CONCEPT 0 PRELIMINARY PLANS 8 24 40 72 NEIGHBORHOOD MEETING 2 2 FINAL PLANS 4 24 80 108 PERMIT PHASE 4 4 BID PHASE 4 4 CONSTRUCTION PHASE 4 60 64 TOTAL HOURS 40 48 0 120 60 268 Hourly Rates 110 120 130 75 75 $4,400 $5,760 $0 $9,000 $4,500 $23,660 SURVEY LUMP SUM TOTAL FEE $23,660 Staff Key LA - Registered Landscape Architect PE - Professional Engineer RA - Registered Architect DES - CADD Designer INSP - Construction Inspector PROPOSED HOURS MA FEE PROPOSAL 3-25-13 Attachment number 1 \nPage 1 of 1 Item # 12 Commission Meeting Agenda 6/18/2013 5:00 PM Augusta Public Transit Rural Grant Amendment Department:Augusta Public Transit Caption:Motion to approve the Sec. 5311 Rural Transit grant amendment between the Georgia Department of Transportation (GDOT) and Augusta, Georgia. (Approved by Public Services Committee June 10, 2013) Background:The Augusta-Richmond County Commission annually approves Augusta Public Transit’s Sec. 5311 Rural Transit grant application for providing rural transportation service to the citizens of Augusta-Richmond County. The current grant needs to be amended to supplement the insurance cost (see attached) for the Rural vehicles. Analysis:The approval of this grant amendment will allow Augusta Public Transit and Richmond Transit to continue to provide transportation service to Citizens of Rural Augusta-Richmond County with the additional reimbursement of the insurance expense. Financial Impact:Augusta-Richmond County’s current budget for 2012 and ½ 2013 is $8,000 with a reimbursement of $4,000. The additional $29,628 will give Augusta a reimbursement of $14,814. Alternatives:None. By not approving this amendment, Augusta-Richmond County will lose the additional reimburseement of insurance expense. Recommendation:Approve the amendment. Funds are Available in the Following Accounts: no additional funds required REVIEWED AND APPROVED BY: Cover Memo Item # 13 Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 13 Attachment number 1 \nPage 1 of 1 Item # 13 Commission Meeting Agenda 6/18/2013 5:00 PM Golf Course Proposals Department:Clerk of Commission Caption:Motion to direct the Administrator to provide the Commission with all documents of the proposal for review and bring back at the next committee with a formal plan for approval relative to the First Tee/Augusta Municipal Golf Course proposal. (Approved by Public Services Committee June 10, 2013) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 14 Commission Meeting Agenda 6/18/2013 5:00 PM Grounds & Landscaping Contract Selection and Approval Department:Augusta Regional Airport Caption:Motion to approve the Selection of Augusta Lawn and Turf, Inc. to provide Augusta Regional Airport with grounds and landscaping services and approve the attached contract as approved by the Augusta Aviation Commission at their May 30, 2013 meeting. (Approved by Public Services Committee June 10, 2013) Background:Augusta Regional Airport currently has a contract with Augusta Lawn and Turf, Inc to provide airport grounds and landscaping services. This contract expires May 31, 2013. After following the Procurement Department’s Request for Proposal policies and procedures to obtain a new contract, we received seven bids. Augusta Lawn and Turf, Inc. offered the lowest bid. (Please see attached bid tallly sheet) Analysis:Term of new contract is one year, with an additional one-year option. Contractor's annual compensation is $61,581 ($5,131.75 per month). Financial Impact:$61,581.00 annually. Alternatives:Deny request. Recommendation:Approve the request to accept Augusta Lawn and Turf, Inc. as the selection for the airport's grounds and landscaping and have the Mayor execute the contract. Funds are Available in the Following Accounts: 551081113-5212999 REVIEWED AND APPROVED BY:Cover Memo Item # 15 Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 15 CONTRACT FOR GROUNDS AND LANDSCAPING MAINTENANCE AT THE AUGUSTA REGIONAL AIRPORT BETWEEN AUGUSTA GEORGIA AND AUGUSTA LAWN AND TURF, INC. Attachment number 1 \nPage 1 of 62 Item # 15 Grounds and Landscaping Maintenance Contract i Contents SECTION 1 GENERAL CONDITIONS.............................................................................1 1.1 DEFINITIONS ..................................................................................................................... 1 1.2 AUTHORIZED REPRESENTATIVES ...................................................................................... 4 1.3 CHANGES .......................................................................................................................... 4 1.4 TERM ................................................................................................................................ 4 1.5 CONTRACTOR’S PERFORMANCE ...................................................................................... 5 1.6 INDEPENDENT CONTRACTOR/SUBCONTRACTOR ............................................................ 5 1.7 TERMINATION .................................................................................................................. 6 1.8 FORCE MAJEURE ............................................................................................................... 7 1.9 AIRPORT SECURITY REQUIREMENTS ................................................................................ 8 1.10 COMMERCIAL ACTIVITIES ................................................................................................. 9 1.11 RECORDS AND AUDIT ..................................................................................................... 10 1.12 CONTINGENT FEES .......................................................................................................... 10 1.13 RIGHTS AND REMEDIES .................................................................................................. 10 1.14 NON-APPROPRIATIONS .................................................................................................. 10 1.15 REPRESENTATIONS AND WARRANTIES .......................................................................... 11 1.16 ASSIGNMENT .................................................................................................................. 11 1.17 NOTICES .......................................................................................................................... 12 1.18 WAIVER ........................................................................................................................... 13 1.19 COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS ......................................... 13 1.20 INSURANCE ..................................................................................................................... 13 1.21 PATENT INDEMNITY ....................................................................................................... 17 1.22 INDEMNIFICATION AND HOLD HARMLESS ..................................................................... 17 1.23 PERMITS .......................................................................................................................... 17 1.24 WORK PERMITS REQUIRED ............................................................................................ 18 1.25 NON-DISCRIMINATION ................................................................................................... 18 1.26 HAZARDOUS MATERIALS ................................................................................................ 18 SECTION 2 CONTRACTOR SERVICES .......................................................................19 2.1 PERFORMANCE WORK STATEMENT ............................................................................... 19 2.2 SCOPE OF SERVICES ........................................................................................................ 19 2.3 SERVICE FREQUENCY ...................................................................................................... 21 2.4 SERVICE PERFORMANCE STANDARDS ............................................................................ 22 2.4.1 AERATING AND TOP DRESSING ............................................................................. 22 2.4.2 BED MAINTENANCE COMPREHENSIVE.................................................................. 22 2.4.3 EDGE LAWNS/BEDS/GROUND COVER ................................................................... 23 2.4.4 FERTILIZER/TREAT BEDS, LAWNS, PLANTS, AND TREES ........................................ 24 2.4.5 IRRIGATION ............................................................................................................ 24 2.4.6 LITTER CONTROL/POLICING................................................................................... 25 2.4.7 MOWING LAWN(S) ................................................................................................ 25 2.4.8 PARKING LOT AND PEDESTRIAN WALKWAY MAINTENANCE ................................ 26 2.4.9 PRE-RAPID GROWTH SEASON MAINTENANCE ...................................................... 26 2.4.10 SEASONAL PLANTING ............................................................................................ 27 2.4.11 TREE MAINTENANCE TRIMMING /REMOVAL ........................................................ 27 2.4.12 TURF MANAGEMENT ............................................................................................. 28 2.4.13 MISCELLANEOUS SERVICES ................................................................................... 28 2.5 SERVICE PERFORMANCE METHODS ............................................................................... 28 2.5.1 AERATION .............................................................................................................. 29 Attachment number 1 \nPage 2 of 62 Item # 15 Grounds and Landscaping Maintenance Contract ii 2.5.2 BED MAINTENANCE ............................................................................................... 29 2.5.3 BED MULCHING ..................................................................................................... 29 2.5.4 EDGING AND TRIMMING ....................................................................................... 30 2.5.5 FERTILIZING BEDS .................................................................................................. 30 2.5.6 FERTILIZATION LAWNS .......................................................................................... 30 2.5.7 FERTILIZING TREES, SHRUBS AND VINES ............................................................... 31 2.5.8 IRRIGATION/WATERING ........................................................................................ 32 2.5.9 LITTER CONTROL/POLICING AND TRASH REMOVAL ............................................. 32 2.5.10 TURF MANAGEMENT AND MOWING LAWN(S) ..................................................... 32 2.5.11 SHRUBS PRUNING & MAINTENANCE .................................................................... 34 2.5.12 TREES PRUNING & MAINTENANCE ........................................................................ 35 2.5.13 WEED CONTROL .................................................................................................... 35 2.5.14 WEED CONTROL PROGRAM .................................................................................. 36 2.6 SERVICE AREAS ............................................................................................................... 37 2.6.1 AREA 1: INTERIOR GARDENS AREA ....................................................................... 37 2.6.2 AREA 2: PASSENGER TERMINAL PERIMETER AREA .............................................. 37 2.6.3 AREA 3: MAIN ENTRANCE SIGN AREA .................................................................. 37 2.6.4 AREA 4: NORTH ENTRANCE SIGN AREA ................................................................ 38 2.6.5 AREA 5: FIXED BASE OPERATOR (FBO) AREA ........................................................ 38 2.6.6 AREA 6: WEATHER BUREAU AREA ........................................................................ 38 2.6.7 AREA 7: HANGAR ONE AREA ................................................................................ 38 2.6.8 AREA 8: HANGAR TWO AREA ............................................................................... 38 2.6.9 AREA 9: HANGAR THREE AREA ............................................................................. 39 2.6.10 AREA 10: COMMERCIAL PARKING LOTS AREA ..................................................... 39 2.6.11 AREA 11: GEORGIA STATE PATROL HANGAR AREA .............................................. 39 SECTION 3 AIRPORT’S ADMINISTRATOR DUTIES ................................................39 SECTION 4 CONTRACTOR’S EMPLOYEES ..............................................................40 SECTION 5 CONTRACTOR’S COMPENSATION .......................................................41 SECTION 6 NON-PERFORMANCE ..............................................................................42 6.1 ROUTINE WORK THAT IS NOT PERFORMED AND/OR IS PERFORMED IN AN UNACCEPTABLE MANNER .......................................................................................................... 42 6.2 PENALTY FOR WORK THAT IS NOT PERFORMED AND/OR IS PERFORMED IN AN UNACCEPTABLE MANNER .......................................................................................................... 43 SECTION 7 AGREEMENT .............................................................................................43 7.1 ENTIRE AGREEMENT ....................................................................................................... 43 7.2 GOVERNING LAW ........................................................................................................... 43 7.3 LEGAL CONSTRUCTION ................................................................................................... 44 7.4 PRIOR CONTRACTS SUPERSEDED ................................................................................... 44 7.5 COUNTERPARTS .............................................................................................................. 44 7.6 FURTHER ACTS ................................................................................................................ 44 7.7 INSPECTION .................................................................................................................... 44 7.8 AMENDMENTS ................................................................................................................ 44 7.9 TEMPORARY SUSPENSION OR DELAY OF PERFORMANCE OF CONTRACT ..................... 45 7.10 USE OF AUGUSTA, GEORGIA LANDFILL .......................................................................... 45 SECTION 8 SIGNATURE PAGE....................................................................................46 EXHIBIT ONE: AIRPORT SERVICE AREAS ..............................................................47 EXHIBIT TWO: AREA 1 INTERIOR GARDENS .........................................................48 EXHIBIT THREE: AREA 2 PASSENGER TERMINAL PERIMETER ........................49 Attachment number 1 \nPage 3 of 62 Item # 15 Grounds and Landscaping Maintenance Contract iii EXHIBIT FOUR: AREA 3 MAIN ENTRANCE SIGN...................................................50 EXHIBIT FIVE: AREA 4 NORTH ENTRANCE SIGN .................................................51 EXHIBIT SIX: AREA 5 FIXED BASE OPERATOR (FBO)..........................................52 EXHIBIT SEVEN: AREA6 WEATHER BUREAU ........................................................53 EXHIBIT EIGHT: AREA 7 HANGAR ONE ..................................................................54 EXHIBIT NINE: AREA 8 HANGAR TWO ....................................................................55 EXHIBIT TEN: AREA 9 HANGAR THREE ..................................................................56 EXHIBIT ELEVEN: AREA 10 COMMERCIAL PARKING LOTS ..............................57 EXHIBIT TWELVE: AREA 11 GEORGIA STATE PATROL HANGAR ....................58 Attachment number 1 \nPage 4 of 62 Item # 15 Grounds and Landscaping Maintenance Contract Page 1 of 58 THIS CONTRACT made and entered into this _______ __, 2013 by and between, AUGUSTA GEORGIA, a political subdivision of the State of Georgia, acting through the AUGUSTA AVIATION COMMISSION, whose address is 1501 Aviation Way, Augusta Regional Airport at Bush Field, Augusta, Georgia 30906-9600, hereinafter called “Airport”, and Augusta Lawn & Turf, Inc. whose address is 3618 Phillips Dr. Martinez GA 30907 hereinafter called “Contractor”. WITESSETH: WHEREAS, Augusta, Georgia is the owner and operator of a full service commercial airport known as the Augusta Regional Airport; WHEREAS, Augusta, Georgia has solicited a bid for Contract Grounds and Landscaping Maintenance for the Airport; WHEREAS, the Contractor submitted a bid for said services; and WHEREAS, Augusta, Georgia, on behalf of the Airport, accepted the Contractor’s Bid for said services; OW THEREFORE, in consideration of the mutual covenants, promises, and agreements herein contained, Augusta, Georgia and the Contractor hereby agree as follows: Contractor Services shall be in accordance with the scope of services and all provisions provided herein. SECTION 1 GENERAL CONDITIONS 1.1 DEFINITIONS In addition to the terms that may be defined in the Bid document, which are incorporated herein by reference; the following terms have the following meanings whenever used in the Contract Documents (defined below), or in related documents, the terms or pronouns used in place of them shall be defined as follows: 1.1.1 Administrator. The Airport’s representative assigned to administer this Contract and is responsible for the performance of this Contract on behalf of Airport. 1.1.2 Airport. Augusta Regional Airport. Attachment number 1 \nPage 5 of 62 Item # 15 Grounds and Landscaping Maintenance Contract Page 2 of 58 1.1.3 Airport Executive Director. The person tasked with the day-to-day operations of the Airport. 1.1.4 Aviation Commission. The Augusta Regional Airport Aviation Commission tasked with the overall administration of the Airport. 1.1.5 Augusta, Georgia or City. Augusta, Georgia Commission. 1.1.6 Change Order. A written order initiated by the Administrator or Airport Executive Director directing the Contractor to perform changes, additions, or deletions in the scope of work. 1.1.7 Contract. The written agreement between Augusta Richmond County and the Contractor for the performance of the work in accordance with the requirements of the Contract Documents. 1.1.8 Contract Documents. The Contract, General Conditions; Special Conditions, Performance Work Statement; Contractor’s Technical and Cost inclusive, together with all addenda, supplemental change orders, required exhibits, submittals and schedules. 1.1.9 Contractor. The individual, partnership, or corporation entering into this Contract with the City for the services as described herein. 1.1.10 Contractor’s Representative. Contractor’s representative in all dealings with Airport. 1.1.11 General Conditions. -The general term comprising all the directions, provisions, and requirements contained herein, entitled “General Conditions” and any Addenda, which may be issued for the Contract. 1.1.12 Hazardous Material. Hazardous material(s) means any hazardous or toxic substance, material, or waste, which is or becomes regulated by any local governmental authority or the United States Government. Hazardous Material(s) include, without limitation, any material or substance which is (i) defined as a “hazardous waste”, “extremely hazardous waste”, or “restricted hazardous waste” or similar term under any laws now or hereafter enacted by the United States or the State of Georgia or any political subdivision thereof, or Attachment number 1 \nPage 6 of 62 Item # 15 Grounds and Landscaping Maintenance Contract Page 3 of 58 (ii) designated a “hazardous substance” pursuant to the Federal Water Pollution Control Act, 33 U.S.C. § 1317, or (iii) defined as a “hazardous waste” pursuant to the Federal Resource Conservation and Recovery Act, 42 U.S.C.§ 6901 et seq., or (iv) defined as a “hazardous substance” pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601 et seq. 1.1.13 Non-Performance and/or Unacceptable Work. When the Administrator determines that the Contractor has not perform routine work as described in the Performance Work Statement and/or Scope of Services in any service area, and/or that work has not been performed in accordance with Service Performance Standards and/or Service Performance Methods then appropriate penalties may be applied. 1.1.14 Performance Work Statement. Describes the manner of performing routine work, including detailed technical requirements as to labor, materials, equipment, and methods by which such work is to be performed. 1.1.15 Routine Work/Service. That work/service the Contractor normally performs as defined in the Performance Work Statement and Scope of Services for each service area and performed in accordance with Service Performance Standards or Service Performance Methods. To be acceptable, routine work must be completed in a manner that is approved by the Airport’s Administrator. 1.1.16 Scope of Services. Defines the routine work/services the Contractor shall perform under terms of contract. Contractor shall provide all necessary management, supervision, labor, tools, equipment, materials, vehicles, plants, mulch, and any other such items required to complete any or all of the following services identified herein at any and/or all of the designated Airport service areas. 1.1.17 Airport’s Secured Area. Those Airport areas, which require badged personnel or badged Contractor personnel to escort unbadged Contractor personnel at all times while in secure area. See paragraph 1.9, Airport Security Requirements. Attachment number 1 \nPage 7 of 62 Item # 15 Grounds and Landscaping Maintenance Contract Page 4 of 58 1.1.18 Subcontractor. Any individual, partnership, or corporation who is contractually bound to the Contractor to perform a specific portion of the total work package under this Contract which is limited to special projects approved by the Administrator. 1.2 AUTHORIZED REPRESENTATIVES 1.2.1 Augusta, Georgia/Airport’s Administrator. Airport’s Representative shall be the Airport’s Executive Director or designee. 1.2.2 Contractor’s Representative(s). The Contractor’s representative (“Contractor’s Representative”) for all dealings with Airport shall be Mr. Larry A. Price, Jr. Contractor’s Representative may be changed upon prior written notice delivered to Airport’s Administrator. 1.3 CHANGES 1.3.1 The City may, during the Contract period, make changes to the Scope of Work, which may result in changes to the general scope of the Contract and its provisions. 1.3.2 The Parties acknowledge that there may be additional need to perform additional grounds work in preparation for the special events, such as the Masters® Golf Tournament, and other special circumstances. 1.3.3 Written/verbal agreements, changes, or amendments to this Contract shall not be binding upon the City or the Airport unless approved and signed by the Aviation Commission in advance of performing work. 1.4 TERM The term of this Contract shall commence as first written above and shall continue for a period of one (1) year from that date, unless terminated earlier by Airport as provided in this paragraph. The Contract may be renewed for one additional year at the sole option of the City. The City shall notify the Contractor at least ninety-(90) days prior to the expiration date of its intent to renew this Contract. Attachment number 1 \nPage 8 of 62 Item # 15 Grounds and Landscaping Maintenance Contract Page 5 of 58 1.5 CONTRACTOR’S PERFORMANCE 1.5.1 Contractor shall, at its own expense, furnish all necessary management, supervision, labor, technical support and other accessories and services for maintenance, and the performance of other services in the designated service areas as described in these Contract Documents. Such services shall be performed in strict accordance with the General Conditions, Scope of Services, and Performance Work Statement. 1.5.2 Contractor’s performance, as provided in said General Conditions, Scope of Services, and Performance Work Statement, shall be subject to inspection and approval by the Airport Executive Director or his designee. If the Contractor’s performance is, or becomes unsatisfactory, as determined by the Airport Executive Director, an appropriate reduction in payment due will be made from Contractor’s invoice and Contractor will be directed to correct the unsatisfactory performance. The correction of unsatisfactory work shall be at no additional cost to Airport. 1.5.3 No Partnership or Joint Venture. Nothing contained in this Contract will be deemed to create a partnership or joint venture between the City and Contractor or cause the City to be responsible for the debts or obligations of Contractor or any other party. Contractor must not represent to anyone that its relationship to the City is other than as the City’s Contractor. Contractor must act as an independent agent and not as the agent of the City in performing this Contract and shall maintain complete control over its employees and all of its lower-tier suppliers and subcontractors. Nothing contained in this Contract or any lower tier purchase order or subcontract awarded by Contractor will create any contractual relationship between any lower-tier supplier or subcontractor and the City. No act or direction of the City shall be deemed to be the exercise of supervision or control of the Contractor’s performance hereunder. 1.6 INDEPENDENT CONTRACTOR/SUBCONTRACTOR Contractor is acting, in performance of this Contract, as an independent contractor. Personnel supplied by the Contractor or its agents or subcontractors hereunder are not Attachment number 1 \nPage 9 of 62 Item # 15 Grounds and Landscaping Maintenance Contract Page 6 of 58 the City’s or the Airport’s employees or agents and Contractor assumes full responsibility for their acts. Contractor shall be solely responsible for the payment of compensation to Contractor’s employees. The City shall not be responsible for payment of worker’s compensation, disability benefits, and unemployment insurance or for withholding and paying employment taxes for any Contractor employee, or Contractor’s subcontractors or agent’s employees, but such responsibility shall be solely that of Contractor. This clause of the contract does not prevent the Airport from requiring Contractor to have its employees follow normal rules and guidelines for work performance, redirecting the efforts of the employees to meet the needs of the facilities, performing safety or from requiring Contractor to perform the requirements of this Contract satisfactorily, according to the General Conditions, Scope of Services, Performance Work Statement, Service Performance Standards and Methods described herein. 1.7 TERMINATION 1.7.1 The City may, at its sole option, terminate the Contract with or without cause at any time upon thirty-(30) day’s written notice by certified mail to the Contractor without prejudice to any other right or remedy it may have. 1.7.2 This Contract shall terminate immediately upon written notice by the City upon the occurrence of any of the following circumstances: 1.7.2.1 If, with or without the Contractor’s consent, a receiver, liquidator, trustee or similar administrator is appointed to take charge of all, or substantially all, of its assets; 1.7.2.2 If either the Contractor is adjudged, or becomes bankrupt or insolvent, is unable to pay its debts as they become due, or makes an assignment for the benefit of its creditors; 1.7.2.3 Of any judicial proceedings are commenced by or on behalf of the Contractor pursuant to any bankruptcy, insolvency or debtor relief law; or 1.7.2.4 If the Contractor voluntarily or involuntarily undertakes to dissolve or Attachment number 1 \nPage 10 of 62 Item # 15 Grounds and Landscaping Maintenance Contract Page 7 of 58 wind-up its affairs. 1.7.3 The City shall be the sole judge of non-performance, which shall include any failure on the part of Contractor to accept the award, to furnish required documents, and/or to fulfill any portion of this Contract within the time stipulated or within thirty (30) days, whichever is earlier. 1.7.4 Upon failure of Contractor to perform any of its obligations hereunder and its failure to cure the default within ten-(10) days after notice thereof, the City may, at its option, terminate this Agreement and or pursue any other remedy at law or in equity. All such remedies are cumulative and may be exercised concurrently or separately. Contractor shall pay the City’s costs and expenses, including attorney’s fees, incurred by the City in exercising any of its rights or remedies hereunder or enforcing any of the terms, conditions, or provisions hereof. 1.7.5 Notice of elective termination pursuant to this paragraph shall be deemed effective on the third business day after the postmark date of the certified mail notice. 1.7.6 This Contract shall terminate automatically and immediately upon the closing of the Airport facilities by The City, or if The City loses the funding necessary to maintain the Contract. Cancellation will be at no cost to The City, except for services already provided. 1.8 FORCE MAJEURE 1.8.1 Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of any such obligation, except the payment of money, is prevented or delayed by any cause, existing or future, which is beyond the reasonable control of the affected party, or by a strike, lockout or other labor difficulty, the settlement of which shall be within the sole discretion of the party involved. 1.8.2 Each party hereto shall give notice promptly to the other of the nature and extent of any Force Majeure claimed to delay, hinder or prevent performance of the services under this Contract. In the event either party is prevented or delayed in Attachment number 1 \nPage 11 of 62 Item # 15 Grounds and Landscaping Maintenance Contract Page 8 of 58 the performance of this obligation because of such Force Majeure, there shall be an equitable adjustment of the schedule. 1.8.3 Contractor will not be liable for failure to perform or for delay in performance because of Force Majeure, including the following: 1.8.3.1 any cause beyond its reasonable control; 1.8.3.2 any act of God; 1.8.3.3 inclement weather; 1.8.3.4 earthquake; 1.8.3.5 fire; 1.8.3.6 explosion; 1.8.3.7 flood; 1.8.3.8 strike or other labor dispute; 1.8.3.9 any shortage or disruption of or inability to obtain labor, material, manufacturing facilities, power, fuel or transportation from unusual sources, or any other transportation facility; 1.8.3.10 delay or failure to act of any governmental or military authority; 1.8.3.11 any war, hostility or invasion; 1.8.3.12 any embargo, sabotage, civil disturbance, riot or insurrection; 1.8.3.13 any legal proceedings; or 1.8.3.14 failure to act by Contractor’s suppliers due to any cause which Contractor is not responsible, in whole or in part. 1.9 AIRPORT SECURITY REQUIREMENTS Contractor’s employees may be required to operate in Airport’s secure areas. Contractor shall be required to obtain the Airport’s Security Identification Display Area (SIDA) badges for any employee working in the secured area. Contractor shall comply, at its own expense, with the Transportation Security Administration (TSA) and the Airport’s Attachment number 1 \nPage 12 of 62 Item # 15 Grounds and Landscaping Maintenance Contract Page 9 of 58 security requirements for the Airport including, but not limited to employee training and badges. Contractor shall cooperate with the TSA and the Airport on all security matters and shall promptly comply with any project security arrangements established by the Airport. Compliance with such security requirements shall not relieve Contractor of its responsibility for maintaining proper security for the above-noted items, nor shall it be construed as limiting in any manner Contractor’s obligation with respect to all applicable federal, state and local laws and regulations and its duty to undertake reasonable action to establish and maintain secure conditions at and around the Premises and throughout the Airport. All employees shall be properly badged and comply with all Airport safety and security rules. 1.9.1 The required grounds/landscaping work is described, by area. Any Contractor employees assigned to work in a secured area are required to be “badged” or a “badged” Contractor employee must escort them the entire time they are in these secured areas. 1.9.2 To qualify for the badge, individual must be fingerprinted and have a background investigation completed. In addition, the Airport will conduct a background inquiry and require finger printing of all individuals who will be working on the secured side of the Airport screening point. This may also include collection of appropriate criminal history information, contractual and business associations and practices, employment histories, reputation in the business community and credit reports for the Contractor, as well as, its employees. 1.9.3 Contractor consents to such an inquiry and agrees to make available to the Airport such books and records the Airport deems necessary to conduct the review. 1.9.4 Contractor shall pay all costs associated with providing SIDA badges. 1.9.5 Contractor shall be responsible for any fines assessed by the Federal Aviation Administration (FAA) or Transportation Security Administration (TSA) as a result of the actions of its employees or subcontractors. 1.10 COMMERCIAL ACTIVITIES Neither Contractor nor its employees may establish any commercial activity or issue Attachment number 1 \nPage 13 of 62 Item # 15 Grounds and Landscaping Maintenance Contract Page 10 of 58 concessions or permits of any kind to third parties for establishing activities at the Airport. 1.11 RECORDS AND AUDIT Contractor and its subcontractors shall maintain records and accounts in connection with all aspects in the performance of this Contract, including those, which will accurately document incurred costs, both direct and indirect, of whatever nature, during and for a period of three (3) years from the expiration or other termination of this Contract, unless otherwise specified by applicable law. The City may examine and copy, at all reasonable times, with advance notification, those records and accounts. Contractor shall maintain all records in a central location in Augusta, Georgia. 1.12 CONTINGENT FEES Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Contract; and that Contractor has not paid or agreed to pay any company, association, corporation, firm or person, other than a bona fide employee working for Contractor, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Contract. For the breach or violation of this warranty and upon a finding after notice and hearing, The City may terminate the Contract and, at its discretion, may deduct from the Contract sum, or otherwise recover the full amount of any such fee, commission, percentage, gift or consideration. 1.13 RIGHTS AND REMEDIES The rights and remedies of the City provided in this paragraph are not exclusive and are in addition to any other rights and remedies provided by law or under this Contract. 1.14 NON-APPROPRIATIONS Notwithstanding anything contained in this Contract, if sufficient funds have not been appropriated to support continuation of this Contract for an additional calendar year or an additional term of the Contract, this Contract shall terminate absolutely and without further obligation on the part of the City at the close of the calendar year of its execution or if the City suspends performance pending the appropriation of funds. Attachment number 1 \nPage 14 of 62 Item # 15 Grounds and Landscaping Maintenance Contract Page 11 of 58 1.15 REPRESENTATIONS AND WARRANTIES In order to induce the City to enter into this Contract, Contractor hereby represents and warrants that as of the date above written that: 1.15.1 Contractor is duly organized and validly existing in good standing under the laws of the state of Georgia in which it is organized, is qualified to do business in all jurisdictions in which it is operating, and has the power and authority to execute and deliver and to perform its obligations under this Contract and the documents to which it is signatory; and 1.15.2 The execution, delivery and performance by Contractor and its undersigned representative(s) of this Contract and other documents to which Contractor is a signatory do not require the approval or consent of any other person, entity or government agency and do not result in any breach of any agreement to which Contractor is a party or by which it is bound; and 1.15.3 The execution, delivery and performance by Contractor of this Contract and other documents to which it is a signatory have been du1y authorized by all necessary action, and constitute legal, valid and binding obligations of Contractor, enforceable against Contractor in accordance with its terms; and 1.15.4 No action, suit or proceeding to which Contractor is a party is pending or threatened that may restrain or question this Contract, or any other document to which it is a signatory, or the enjoyment of rights or benefits contemplated herein; and 1.15.5 Contractor has all State of Georgia Licenses and permits required for the performance of Landscaping and Grounds Maintenance services and shall only use properly licensed and trained persons to perform such services. 1.16 ASSIGNMENT Without the prior written consent of the City, Contractor may not assign, transfer or convey any of its interests under this Contract, nor delegate any of its obligations or duties under this Contract except as provided herein. 1.16.1 Consent of the City Required. Any assignment of this Contract or rights under Attachment number 1 \nPage 15 of 62 Item # 15 Grounds and Landscaping Maintenance Contract Page 12 of 58 this Contract, in whole or part, without the prior written consent of the City will be void, except that, upon ten-(10) calendar days prior written notice to the City, Contractor may assign monies due or to become due under this Contract. Any assignment of monies will be subject to proper setoffs in favor of the City and to any deductions provided for in this Contract. 1.16.2 No Relief of Responsibilities. No assignment will be approved which would relieve Contractor of its responsibilities under this Contract. 1.16.3 Parties Bound. This Contract will be binding upon and inure to the benefit of the City and Contractor and their respective successors and assigns. 1.17 NOTICES 1.17.1 Delivery. All notices given by either party to the other under this Contract must be in writing and delivered by: (i) regular mail, postage prepaid; (ii) certified or registered mail; (iii) facsimile; or (iv) hand- delivery, to the parties at the addresses and facsimile numbers set forth in the Clause titled “Addresses”. 1.17.2 Receipt. Notices sent by mail will be deemed to be received upon deposit in the mail, properly addressed. Notices sent by certified or registered mail will be deemed to be received upon the date of the acknowledgment. Notices sent by facsimile will be deemed to be received upon successful transmission to the proper facsimile number. Notices delivered by hand- delivery will be deemed to be received upon acceptance by the respective party or its agent. 1.17.3 Change of Address or Facsimile Number. Either party may, at any time, change its respective address or facsimile number by sending written notice to the other party of the change. 1.17.4 Addresses. To AUGUSTA, GEORGIA: To CONTRACTOR: Augusta Regional Airport Augusta Lawn & Turf, Inc. Attn Executive Director Attn: Mr Larry A. Price, Jr. 1501 Aviation Way 3618 Phillips Dr. Augusta, Georgia 30906 Martinez, GA 30907 Telephone: (706) 7898-3236 Telephone: (706) 868-8696 Attachment number 1 \nPage 16 of 62 Item # 15 Grounds and Landscaping Maintenance Contract Page 13 of 58 With a copy to: Augusta General Counsel Augusta Richmond County Department of Law 501 Greene St. Augusta, Georgia 30901 1.18 WAIVER The failure of the City to seek redress for any violation of or to insist upon the strict performance of, any term of this Contract will not prevent a subsequent violation of this Contract from being actionable by the City. The provision in this Contract of any particular remedy will not preclude the City from any other remedy. 1.19 COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS Contractor covenants and agrees that it, its agents and employees shall comply with all Georgia, county, state, and federal laws, Airport Rules and Regulations, and City ordinances applicable to the work to be performed under this Contract, and that it shall obtain all necessary permits, pay all license fees and taxes to comply therewith. Further, Contractor agrees that it, its agents, and employees will abide by all rules, regulations, and policies of Airport during the term of this Contract, including any renewal periods. 1.20 INSURANCE 1.20. During the term of this Contract, Contractor shall provide, pay for, and maintain with companies reasonably satisfactory to the City and the Aviation Commission, the types of insurance as set forth in the City Code, and Georgia law as the same may be amended from time to time, and as described herein. All insurance shall be issued by insurance companies eligible to do business in the State of Georgia and Best Rated A- or equivalent. In the event of a conflict between the provisions of the City Code and this Contract, the more stringent requirement shall govern. In no event shall Contractor maintain any insurance less than the requirements set forth in the City Code, as amended. 1.20.2 All liability policies of Contractor and its subcontractors shall provide coverage that includes, or has the same substantive effect as the following: Attachment number 1 \nPage 17 of 62 Item # 15 Grounds and Landscaping Maintenance Contract Page 14 of 58 1.20.2.1 The City the Aviation Commission, and each of its Commissioners, officers, agents, elected representatives, volunteers, and employees, in their respective capacities as such, shall be additional insured hereunder with respect to the products, premises, and operations of the named insured. 1.20.2.2 It is agreed that this insurance policy shall apply as primary, and any insurance and/or self-insurance as may be maintained by the City, the Aviation Commission, or its Commissioners, officers, agents, elected representatives, volunteers, and employees shall apply in excess of, and shall not contribute with insurance provided by this policy.” 1.20.2.3 This insurance shall not be materially changed, altered, canceled, or non-renewed until after thirty-(30) days advanced written notice has been given to Augusta, Georgia except that only ten-(10) days notice shall be required in the event of cancellation due to non- payment of premium.” 1.20.3 All such evidence of insurance shall be in the form of certificates of insurance satisfactory to the City and its Risk Manager, accompanied by a certified true copy of an endorsement to each policy containing the above language. Properly executed certificates of insurance shall evidence the insurance coverage and limits required. The authorized representative of the insurance company shown on the certificate shall sign these certificates. The required policies of insurance shall comply with the laws of the State of Georgia. 1.20.4 If at any time the Executive Director requests a written statement from the insurance company as to any impairment to the aggregate limit, Contractor shall promptly authorize and have delivered such statement to the Aviation Commission. Contractor authorizes the Aviation Commission and/or the City’s Risk Manager to confirm with Contractor’s insurance agents, brokers, and insurance companies all information furnished. 1.20.5 The acceptance of delivery to the City and the Aviation Commission of any Attachment number 1 \nPage 18 of 62 Item # 15 Grounds and Landscaping Maintenance Contract Page 15 of 58 certificate of insurance evidencing the insurance coverage and limits required under this Contract does not constitute approval or acceptance by the City or the Aviation Commission that the insurance requirements in this Contract have been met. No operations shall commence at the Airport unless and until the required certificates of insurance are in effect and approved by the City’s Risk Manager. 1.20.6 The Contractor and the City understand and agree that the minimum limits of the insurance herein required may, from time to time, become inadequate, and Contractor agrees that it will increase such minimum limits upon receipt of written notice defining the basis of the increase. The Contractor shall furnish the City, within sixty-(60) days of the effective date thereof, a certificate of insurance evidencing that such insurance is in force. 1.20.7 Contractor’s insurance companies or its authorized representative shall give the City and the Aviation Commission thirty (30) days prior written notice of any cancellation, intent not to renew, or material reduction in any policy’s coverage, except in the application of the Aggregate Limit Provisions. In the event of a reduction to the Aggregate Limit, it is agreed that immediate steps will be taken to have the prior Aggregate Limit reinstated. 1.20.8 If at any time, the Airport Executive Director requests a written statement from the insurance companies as to any impairment(s) to the Aggregate Limit, prompt authorization and delivery of all requested information will be given to the Aviation Commission. Renewal Certificates of Insurance must be provided to the City and Aviation Commission as soon as practical but in every instance prior to expiration of current coverage. 1.20.9 The amounts and types of insurance shall conform to the following minimum requirements with the use of Insurance Service Office policies, forms, and endorsements or broader, where applicable. Notwithstanding the foregoing, the wording of all policies, forms, and endorsements must be reasonably acceptable to the City and Aviation Commission. 1.20.10 Workers’ Compensation and Employer’s Liability Insurance shall be Attachment number 1 \nPage 19 of 62 Item # 15 Grounds and Landscaping Maintenance Contract Page 16 of 58 maintained in force by Contractor during the term of this Contract for all employees engaged in the operations under this Contract. The limits of coverage shall not be less than: Workers’ Compensation Georgia Statutory Employer’s Liability $1,000,000 Limit Each Accident 1,000,000, Limit Disease Aggregate $1,000,000, Limit Disease Each Employee 1.20.11 Property Damage. Property damage liability insurance including coverage of motor vehicle, business auto liability insurance, including Hired and Non- Owned Automobile Liability with limits not less than five million dollars ($5,000,000), naming Augusta, Georgia and the Aviation Commission as an additional insured. 1.20.12 Contractor shall maintain in force throughout the term of this Agreement, One million dollars ($1,000,000) in Broad Form Comprehensive General Liability insurance. 1.20.13 Automobile Liability Insurance. Covering all owned, non-owned and hired vehicles, used in connection with the work as set forth in section above. These policies must be endorsed to indicate that any premium, whether deposit or final, will be the sole obligation of the Contractor. 1.20.14 Contractual Liability Insurance. Covering all liability arising out of the terms of the Contract Documents, in amount as indicated above. 1.20.15 The Commercial General Liability Insurance coverage as required in the paragraph above shall include those classifications, as listed in Standard Liability Insurance Manuals, which are applicable to the operations of the Contractor in the performance of this Contract. 1.20.16 Herbicide and pesticide environmental liability coverage with limits no less than five million dollars ($5,000,000). 1.20.17 Within sixty (60) days of the effective date thereof or any subsequent term, Contractor shall provide Airport with certificate(s) of insurance evidencing that Attachment number 1 \nPage 20 of 62 Item # 15 Grounds and Landscaping Maintenance Contract Page 17 of 58 such insurance as described herein be in force. Insurance binder letter(s) or a Certificate(s) of Insurance as described above must be sent to the address below with a copy to the City address in paragraph 1.17.4 above: Augusta, Georgia of Augusta Risk Manager 530 Greene Street Room 217 Augusta, Ga. 30901 (706) 821-2502 (Fax) 1.21 PATENT INDEMNITY Except as otherwise provided, the Contractor agrees to indemnify the City and its Board of Commissioners, officers, agents and employees against liability, including costs and expenses for infringement upon any letters or patent of the United States arising out of the performance of this Contract or out of the use or disposal by or for the account of the City of supplies furnished or construction work performed hereunder. 1.22 INDEMNIFICATION AND HOLD HARMLESS Except where, and to the extent caused by the gross negligence of Augusta- Richmond County, the Aviation Commission, their agents, employees, contractors, officers or, Contractor shall protect, defend, reimburse, indemnify, and hold Augusta, Georgia, the Aviation Commission, its members, agents, employees, and elected officers and each of them, free and harmless at all times as set forth in Augusta, Georgia Code, and particularly Article 1, Chapter 3, Division 1, Section 1-3-8.5, Indemnity and Insurance, as the same may be amended from time to time, and described herein. In the event of a conflict between the provisions of Augusta- Richmond County Code and this Contract, the broader requirement shall govern. 1.23 PERMITS Contractor shall obtain and maintain at all times all necessary licenses, permits and certifications to perform the work described in the Contract. Contractor shall furnish copies of all licenses, permits, and certifications to the Administrator. Attachment number 1 \nPage 21 of 62 Item # 15 Grounds and Landscaping Maintenance Contract Page 18 of 58 1.24 WORK PERMITS REQUIRED Contractor agrees and acknowledges that its employees and agent’s employees, as well as any subcontractors or subcontractors’ personnel, working on the Contract must be United States citizens, or must be lawfully admitted for residence and be permitted to work in the United States under the Immigration and Naturalization Act, 8 U.S.C. 1101, et seq. 1.25 NON-DISCRIMINATION The Contractor shall not discriminate against any employee, or applicant for employment, because of race, creed, religion, color, sex or national origin, marital status, physical handicap or sexual orientation. Further, Contractor agrees, for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, that (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use Airport, (2) in the furnishing of services at Airport, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination, and (3) Contractor shall use Airport facilities in compliance with all other requirements imposed by or pursuant to 14 CFR Part 152 and Title VI of the Civil Rights Act of 1964 and 49 CFR, Subtitle A, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as such Title and Regulations may be amended. 1.26 HAZARDOUS MATERIALS Contractor shall not cause or permit any Hazardous Material to be brought, kept or used in or about the Airport by Contractor, its agents, employees, subcontractors, or invitees. Without limiting the foregoing, if the presence of any Hazardous Material in the Airport caused or permitted by Contractor results in any contamination of the Airport, Contractor shall promptly take all actions at its sole expense as are necessary to return the Airport to the conditions existing prior to the introduction of such Hazardous Material to the Airport; provided that Airport ‘s approval of such actions, and the corrective actions to be used by Contractor in connection therewith, shall first be obtained. Attachment number 1 \nPage 22 of 62 Item # 15 Grounds and Landscaping Maintenance Contract Page 19 of 58 1.26.1 Contractor shall use only pesticides that are in compliance with 7 U.S.C. §136 et seq. The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) provides for federal regulation of pesticide distribution, sale, and use. All pesticides distributed or sold in the United States must be registered (licensed) by EPA. Before EPA may register a pesticide under FIFRA, the applicant must show, among other things, that using the pesticide according to specifications “will not generally cause unreasonable adverse effects on the environment.’’ FIFRA defines the term ‘‘unreasonable adverse effects on the environment’’ to mean: ‘‘(1) any unreasonable risk to man or the environment, taking into account the economic, social, and environmental costs and benefits of the use of any pesticide, or (2) a human dietary risk from residues that result from a use of a pesticide in or on any food inconsistent with the standard under section 408 of the Federal Food, Drug, and Cosmetic Act.’’ Contractor shall comply with the Georgia Pesticide and Use Application Act. 1.26.2 All solid waste and yard trimmings shall be disposed of in accordance with Georgia law. SECTION 2 CONTRACTOR SERVICES 2.1 PERFORMANCE WORK STATEMENT The Contractor shall provide comprehensive maintenance and upkeep of the grounds and landscaping on the Airport service areas as described herein. This shall include, but not be limited to, the operation and maintenance of irrigation systems, fencing, sidewalks, parking lots, driveways, patios, plazas, benches, lawns, ground covers, steps, plantings, beds, shrubs, flowers, trees, signage, preparation for special events, policing, litter removal, emptying and maintenance of exterior trash containers, leaf collection and removal, turf management and related activities. 2.2 SCOPE OF SERVICES The Contractor shall provide all necessary management, supervision, labor, tools, equipment, materials, vehicles, plants, mulch and any other such items required to complete any or all of the following service task(s) at any or all of the designated Airport Attachment number 1 \nPage 23 of 62 Item # 15 Grounds and Landscaping Maintenance Contract Page 20 of 58 service areas. Frequency of service will not be less than specified herein. 2.2.1 Aerating and topdressing, 2.2.2 Bed Maintenance, 2.2.3 Edge lawns/beds/ground cover, 2.2.4 Fertilizing/treating beds, lawns, shrubs, and trees including application of fertilizer, pre-emergent, pesticides, herbicides and other necessary treatment(s), 2.2.5 Irrigation system maintenance/watering, 2.2.6 Litter control/policing including leaf collection and removal, 2.2.7 Mowing lawns, 2.2.8 Parking lot and pedestrian walkway maintenance apply soil sterilants, 2.2.9 Pre-rapid growth season maintenance, 2.2.10 Seasonal Planting, 2.2.11 Tree Maintenance Trimming/Removal, 2.2.12 Turf management; and 2.2.13 Miscellaneous landscaping and grounds maintenance services such as preparation for Masters© Golf Tournament support and special events as requested and approved by the Aviation Commission. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Attachment number 1 \nPage 24 of 62 Item # 15 Grounds and Landscaping Maintenance Contract Page 21 of 58 2.3 SERVICE FREQUENCY Contractor shall perform service tasks at least as frequently and identified in table below. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Service/Task Service Frequency Aerating and Top Dressing As required, at least annually Beds Maintenance Comprehensive 4/yr Police Beds Daily Beds Prune Shrubs/hedges Annually Beds Replenish mulch and turn Spring replenish. As required/Bi-weekly routine maintenance. Beds Trim Shrubs/hedges 6/yr Beds Weed Control Bi-weekly or as weeds appear Pre-emergent in Spring and as required routine Edge Lawns/beds/ground cover Following mowing and after edging or trimming vegetation Fertilize/treat beds ongoing Fertilize/treat lawns 3/yr, March, July, & November Fertilize/treat plants & trees Bi-annually in March and November Irrigation/Watering A/R for effective and efficient plant health Leaf collection and removal Seasonal as required Litter Control/Policing Daily Mowing Lawns 4 to 7 day cycle during rapid growth 10 to 14 day cycle during slow growth. Parking lot and pedestrian walkway apply soil sterilants Daily and Ongoing as required Power blow parking lots Daily and following mowing & bed maintenance Power blow roadways Daily and following mowing & bed maintenance Power blow walkways Daily and following mowing & bed maintenance Pre-Rapid Growth Season Maintenance Annually between February and mid-March Seasonal Planting Ongoing as required Grass over seeding in Fall with perennial rye Tree Maintenance Routine A/R ongoing Turf Management Ongoing program in which the service areas are continually evaluated and appropriate action taken to present a consistent appearance. Miscellaneous Services As required for special events and general neat appearance of property, etc Attachment number 1 \nPage 25 of 62 Item # 15 Grounds and Landscaping Maintenance Contract Page 22 of 58 2.4 SERVICE PERFORMANCE STANDARDS Service tasks and functions must be performed routinely, and completed in a professional manner in order to achieve the highest level of quality necessary to maintain the appearance of Airport service areas. See Section 2.5, for Service Performance Methods. 2.4.1 AERATING AND TOP DRESSING Grass and turf areas shall be aerated as necessary. When poor soil conditions become evident, the Contractor shall aerate and use a top dressing material such as silica sand on these turf areas to improve the soil structure. Frequency: Aerate and top dress as necessary, at least annually. 2.4.2 BED MAINTENANCE COMPREHENSIVE 2.4.2.1 Comprehensive bed maintenance including shrubs, hedges, and planted and unplanted beds includes: 2.4.2.1.1 fertilization of the plantings; 2.4.2.1.2 turning, refreshing, and replacement of mulch and ground cover; 2.4.2.1.3 trimming along the edges of the beds; and 2.4.2.1.4 replacement of any protective barriers. 2.4.2.2 All shrubbery and other plantings within the described service areas are the responsibility of the Contractor. The maintenance of the shrubbery/hedges also includes the maintenance of beds around the shrubbery, and other adjacent ground cover and beds within the area. 2.4.2.3 Weed control in most areas may be in the form of a pre-emergent spring application. In addition, a combination of contact sprays and minimal manual cultivation shall be required on a bi- weekly or monthly schedule. Attachment number 1 \nPage 26 of 62 Item # 15 Grounds and Landscaping Maintenance Contract Page 23 of 58 Frequency: · At least four (4) times per year comprehensive bed maintenance shall be performed for combined shrub and flowerbeds. · On a daily basis, all beds shall be policed for litter and other foreign debris. · At least one (1) time per year or as needed in order to maintain an attractive appearance, all shrubs and other plantings, should be pruned. · Shrubs and other plantings should be pruned as frequently as required so that they never obstruct signage. · The mulch should be replenished each spring, or as needed due to decay or material dispersal. · As the mulch or ground cover becomes matted, it is to be turned and freshened as necessary. · At least six (6) times per year or as needed, all shrubs and other plantings, which require trimming, should be to maintain an attractive appearance. · On a bi-weekly basis, or as they appear, weeds shall be removed from the beds. · Pre- emergent in spring and bi- weekly or monthly continuous minimal manual cultivation for weed control. 2.4.3 EDGE LAWNS/BEDS/GROUND COVER Contractor should edge lawns, beds and ground covers to be neat and presentable in appearance and not overhang into public areas/walkways. Frequency: · As required, to control vegetation within defined areas. · Prior to or immediately after mowing and after edging and trimming vegetation. Attachment number 1 \nPage 27 of 62 Item # 15 Grounds and Landscaping Maintenance Contract Page 24 of 58 2.4.4 FERTILIZER/TREAT BEDS, LAWNS, PLANTS, AND TREES This includes the application of fertilizer, pesticides, herbicides, and other necessary treatments to all service areas. The application of various chemicals shall be limited to those chemicals that are deemed acceptable by the state of Georgia and federal Environmental Protection Agency and have been approved for use at Airport. Contractor shall provide MDS sheets to Administrator. The application of these chemicals shall be as follows: Frequency: · As determined by the Contractor or as needed, apply insecticide and fungicide to plant life. · Three (3) times per year in March, July, and November, apply dry fertilizer applied to lawn areas. · Two (2) times per year, in March and November apply dry fertilizer applied to plants, trees, and other plantings. · Pre-emergent in spring and bi- weekly or monthly continuous minimal manual cultivation for weed control. · On an ongoing basis during the year, apply foliage spray fertilizer. 2.4.5 IRRIGATION 2.4.5.1 The Contractor shall be responsible for the irrigation of the lawns, shrubs, and other landscaped areas. Irrigation shall be accomplished by irrigation system, and/or manually when irrigation system is not available. Contractor is responsible for effective and efficient use of irrigation system. 2.4.5.2 Irrigation systems shall be adjusted to not water roadways, sidewalks, i.e., those areas that do not require water. 2.4.5.3 Contractor shall be responsible for troubleshooting irrigation system problems and notifying the Airport’s Administrator of any items required to return system to full operation. Frequency: The Contractor shall continuously evaluate the need to Attachment number 1 \nPage 28 of 62 Item # 15 Grounds and Landscaping Maintenance Contract Page 25 of 58 modify the irrigation system, and shall so schedule the irrigation work on an as-needed basis for effective and efficient plant health. 2.4.6 LITTER CONTROL/POLICING 2.4.6.1 Contractor personnel shall be responsible for the pickup and disposal of litter, trash, fallen leaves, and other debris from the designated service areas. Emphasis is to be placed on the policing and cleaning of areas such as parking lots, walkways, and roadways. The site shall be completely free from litter, debris, trash, leaves, and any other unwanted substances or items on the ground, in shrubs, flowerbeds, paved areas, or trees. Frequency: Litter control/policing shall be performed daily at the beginning of the day on a priority basis and prior to any other grounds functions. 2.4.6.2 Fallen leaves should be collected as necessary and removed from the Airport property. Frequency: Daily, as required during season. 2.4.7 MOWING LAWN(S) Mowing lawns includes the uniform mowing of all lawns, weed eating around obstacles, edging of all sidewalks and surface areas which abut the grass areas, and blowing off and/or removing mowing grass clippings and debris from roadways, walkways, and parking lots. Contractor shall ensure that all assigned personnel wear proper and appropriate personal protective gear, eye and hearing protection, and boots. Frequency: The frequency for grass cutting and edging will vary depending on the season. The grass should be maintained on a four (4) to seven (7) day cycle during the rapid growing season and a ten (10) to fourteen (14) day cycle in the slow growing season. The grass mowing and edging shall be on a scheduled, continuous basis to present a consistent appearance. All clippings shall be disposed of in compliance with Georgia law. Attachment number 1 \nPage 29 of 62 Item # 15 Grounds and Landscaping Maintenance Contract Page 26 of 58 2.4.8 PARKING LOT AND PEDESTRIAN WALKWAY MAINTENANCE 2.4.8.1 Contractor shall power blow parking lots, roadways, and pedestrian walkways to present a clean and neat appearance and to prevent tripping hazards. Debris should be collected and removed from Airport property. Frequency: Daily and following mowing and bed maintenance. 2.4.8.2 To control unwanted grass and weeds growing in the roadway cracks, walkway cracks, etc. Contractor shall apply soil sterilants to cracks in walks, islands and other paved surface areas. The application of various chemicals shall be limited to those chemicals that are deemed acceptable by the state of Georgia or federal Environmental Protection Agency and have been approved for use at an airport. Contractor shall provide MDS sheets to Administrator for all chemical used. Frequency: Daily, as needed. The Contractor shall apply soil sterilants on an ongoing basis during the year 2.4.9 PRE-RAPID GROWTH SEASON MAINTENANCE Activities should include: 2.4.9.1 All outlying grounds shall be checked for accumulation of debris, including branches, leaves and miscellaneous trash. Cleanup should include all service areas. 2.4.9.2 All mulch beds should be refurbished. Turn over the top layer of mulch and add material as needed, maintaining two to three inches of cover. 2.4.9.3 Conduct soil testing, on a 2 to 3 year cycle, including turf areas and shrub and planting beds. 2.4.9.4 A one-time application of dormant oil spray should be applied during this period. Attachment number 1 \nPage 30 of 62 Item # 15 Grounds and Landscaping Maintenance Contract Page 27 of 58 2.4.9.5 Apply soil sterilants to walks, islands and other paved surface areas as needed. 2.4.9.6 Edging of all curbs, walks and mulch areas. 2.4.9.7 In some areas, an initial mowing of all turf areas to remove dormant or dead accumulation of grass. 2.4.9.8 Complete seasonal planting in all prescribed areas, islands, and planters. Frequency: Depending upon conditions, seasonal commencement of activities usually begins between February and mid-March. 2.4.10 SEASONAL PLANTING This function shall take place as required to maintain seasonal flowers, winter grass (with perennial rye) etc in all prescribed service areas, islands, planters, main entrance sign area, and north entrance sign area. Contractor shall coordinate seasonal plantings with the Airport’s Administrator. Frequency: · Ongoing as required. · Grass over seeding with League Master 50 lbs 3-way blend PRG OR 14657 perennial rye grass in fall and as required when over seeding does not provide desired results. 2.4.11 TREE MAINTENANCE TRIMMING /REMOVAL Tree maintenance trimming/removal maintenance includes the trimming and removal of debris. Low tree branches should be shaped (consistent to a height of 6’0” or high enough to allow vehicle drivers unobstructed view of signage). Dead wood should be removed and dead tree removal shall be routine. The trimming of large hedges, shrubs, bushes, trees and other plants shall be an ongoing process, which will be determined on a priority basis for trees, and as needed for other plants. 2.4.11.1 The appearance of the trees will be consistent throughout the site. Attachment number 1 \nPage 31 of 62 Item # 15 Grounds and Landscaping Maintenance Contract Page 28 of 58 The final shape of hedges and trees will be consistent with the guidelines provided by the Administrator. 2.4.11.2 Contractor shall not remove any tree except as provided by Augusta- Richmond County’s Tree Ordinances, unless directed to do so by the Administrator. 2.4.11.3 Trees should be trimmed so as not to obstruct signage. Frequency: This function shall take place on a routine basis and as needed depending upon needs caused by severe weather, wind, or other occurrences to maintain desired tree standards. 2.4.12 TURF MANAGEMENT Turf management shall include the uniform mowing of all lawns, weed eating around obstacles, edging of all sidewalks and surface areas, which abut the grass areas, blowing off and/or removing mowing grass clippings and debris from roadways, walkways, and parking lots and planting of seasonal grass. Frequency: Turf management is an ongoing program in which the service areas are continually evaluated and appropriate action taken to present a consistent appearance. 2.4.13 MISCELLANEOUS SERVICES 2.4.13.1 Baggage carts should be returned to the front of the main terminal when found within other service areas. 2.4.13.2 Additional landscaping services Masters Golf Tournament and other events 2.4.13.3 Other related grounds and landscaping maintenance activities as requested and approved by Aviation Commission. Frequency: Timely and as required for special events. 2.5 SERVICE PERFORMANCE METHODS The following service task methods shall be followed to ensure proper grounds Attachment number 1 \nPage 32 of 62 Item # 15 Grounds and Landscaping Maintenance Contract Page 29 of 58 maintenance. 2.5.1 AERATION 2.5.1.1 Aeration should be a standard practice in association with fertilizing, liming, and over-seeding. Care should be taken in any spring aeration so as not to interfere with a barrier layer of pre- emergent chemicals. In heavy and compacted soils, it may be necessary to utilize slit aeration as the means of penetration. All turf areas shall be aerated a minimum of once per year by means of removing soil material from the ground, which includes a cylindrical core or spoon. Areas susceptible to excessive foot traffic and compaction, should be aerated a minimum of two times per year. 2.5.1.2 Prior to operation, the aeration equipment should be inspected for fluid levels, belts, drives and other operating deficiencies. A checkerboard pattern is recommended with a 3-6 inch overlap for walk behind machines and 12-18 inch overlap for towed units, to assure aeration of all turf areas. 2.5.2 BED MAINTENANCE Routine maintenance of shrubbery and landscape beds should include a continuing program of trash collection and removal, mulch restoration, the removal and replacement of individual plantings (seasonal planting), fertilization and weed control. 2.5.3 BED MULCHING Mulching shall be used as a practical means to reduce evaporation, prevent excessive soil temperatures and provide an acid condition of surface soil for acid- loving plants. Peat, wood chips, decomposed sawdust, pine straw, hay and similar materials are suitable for mulching. These shall be applied in surface layers to 2 to 3 inch depths around the base of plants, extending as far from central stems as the leaf canopy. Planting beds shall be mulched Attachment number 1 \nPage 33 of 62 Item # 15 Grounds and Landscaping Maintenance Contract Page 30 of 58 completely within the defined borders of the bed. 2.5.4 EDGING AND TRIMMING 2.5.4.1 Edging should be completed at approximately every two to four mowings and should produce a 1/2 “by 2” trench at the transition edge. Edging should be performed around all buildings, walkways, trees, shrubs, beddings, fences, walls, curbs or other fixed or permanent structures. 2.5.4.2 Prior to commencing edging or trimming, the equipment operator should check gasoline levels and other fluid levels, and inspect the trimmer for safety and performance, including trimming string spool supply, loose fittings, bolts or screws. For trimmers/edgers with rigid blades, the blade shall be kept sharp and it shall be replaced when it becomes shorter than manufacturers’ recommendations. 2.5.4.3 The equipment operators shall wear safety glasses at all times when operating a trimmer/edger. The operator shall be aware of pedestrians near the work area and shall cease edging/trimming if a pedestrian is close enough to be struck by loose material thrown by the equipment. 2.5.4.4 At no time should a rigid blade edger be used along walks with brick pavers, quarry tile, ceramic tile or other such surfaces. String trimmers shall be used in those areas. 2.5.5 FERTILIZING BEDS Fertilization may be accomplished in the spring using a balanced controlled release fertilizer in a granular liquid form. 2.5.6 FERTILIZATION LAWNS Fertilizers shall be applied to soil to establish and maintain healthy and vigorous growth. The Contractor shall utilize commercial fertilizers, which generally contain nitrogen, phosphate, and potash. Contractor acknowledges Attachment number 1 \nPage 34 of 62 Item # 15 Grounds and Landscaping Maintenance Contract Page 31 of 58 that the amount of each element required depends upon the type of soil, the vegetation desired, and the climate and shall perform an analysis of the soil to determine the type of fertilizer necessary. 2.5.6.1 Fertilizers containing one or more of the three main elements are available commercially and the percentage of each element is indicated on the tag or label of the bag. 2.5.6.2 The principal plant food elements are to be properly balanced when growing grasses and that this balance be maintained after the vegetation is established. The rate of application, therefore, should vary and should be governed by the results of soil tests and the amount of rainfall. 2.5.6.3 Improved areas require two to three pounds of nitrogen per one thousand square feet. Divide the annual amount into two applications per year when fertilizing cool season grasses on improved areas. With two applications, apply one in early spring and the other in early fall. 2.5.6.4 Contractor shall insure that fertilizing occurs prior to the foliage of trees, shrubs and ground covers takes on a yellow-tinge and the leaves become sparse and small. 2.5.7 FERTILIZING TREES, SHRUBS AND VINES 2.5.7.1 Trees: Apply recommended fertilizer (depending upon the type of tree, condition of soil, etc.) per inch of trunk diameter at the drip line of the tree. Punch holes with a crowbar type tool about 18 inches deep at a three-foot spacing along the drip line, so the fertilizer can get to the roots. For large trees, punch holes every three feet along a circular path three feet inside the drip line, in addition to those along the drip line. Stagger holes in the two circles. 2.5.7.2 Shrubs: Apply recommended amounts of fertilizer to the shrubs, the Attachment number 1 \nPage 35 of 62 Item # 15 Grounds and Landscaping Maintenance Contract Page 32 of 58 amount depending on the size. Scatter the fertilizer at the base of the shrub, work it into the soil and then water to carry it into the soil (except in seasons of heavy rainfall). 2.5.7.3 Vines/foliage: While the foliage is dry, scatter fe1tilizer by hand or with a broadcast spreader in quantities and types depending upon the type of vines. 2.5.8 IRRIGATION/WATERING Turf and bedding areas should be watered at such frequencies as weather conditions require to replenish soil moisture. Watering should be done usually in early mornings, except in periods of high winds. Watering should be of such duration as to prevent excessive moisture run-off. 2.5.9 LITTER CONTROL/POLICING AND TRASH REMOVAL 2.5.9.1 Groundskeepers shall collect and properly dispose of wind-blown paper, beverage cans and bottles, broken glass and other trash and debris. Trash should be collected in disposable plastic bags, which, when full, shall be sealed using ties or closures or by tying knots in the bags, to prevent spillage of debris. Groundskeepers shall wear gloves to protect themselves from cuts, scratches, or punctures. 2.5.9.2 At no time should mowing begin prior to completion of trash removal. 2.5.9.3 All collected trash and debris should be placed in the nearest available container, or at the appropriate pick-up point. 2.5.10 TURF MANAGEMENT AND MOWING LAWN(S) Prior to commencing any mowing, equipment operators should, on a daily basis, check all fluid levels, gasoline supply, and lubrication needs. Additional inspection of belts, hoses and blades should be conducted as needed. Equipment operators shall wear safety glasses and steel-toed shoes at all times. Operators shall not leave the machine while it is running. Operators or mechanics shall not perform any adjustments or maintenance while the Attachment number 1 \nPage 36 of 62 Item # 15 Grounds and Landscaping Maintenance Contract Page 33 of 58 equipment is operating or in view of the public. 2.5.10.1 While the grass mowing is being performed, the worker shall be especially cognizant and aware of pedestrians and other traffic in the area and shall act in a courteous manner when interrupted, and shall always keep the safety of the pedestrians foremost in their minds. 2.5.10.2 For maximum efficiency and to prevent damage to grasses, mower blades should be kept sharp. Avoid mower damage by keeping area free of wire, sticks, bottles, cans, rocks, branches, stumps or other harmful objects. Paper and litter should be collected prior to mowing. Operating speeds for walk behind mowers should not exceed a moderately fast walking pace, allowing the operator to continuously scan all adjacent areas. 2.5.10.3 Mowing patterns are determined by desired results and by the site layout. In each case, every corresponding cutting path should overlap the preceding lap by 3 to 6 inches for walk behind mowers, up to 12 to 18 inches for larger mowers. 2.5.10.4 Contractor shall not perform any close mowing that starves the grass roots because of inadequate top growth, permits soil moisture to evaporate more rapidly, or aids the growth of crab grass. Contractor acknowledges that shallow, weak-rooted turf provides poor cover and permits invasion of weeds. 2.5.10.5 The grass mowing shall be done to provide a uniform and consistently appearing 2 1/2 inch level of grass by removing no more than 1/3 of the length of the grass at each mowing. The grass shall not be allowed to grow to more than 3 1/2 inches. 2.5.10.6 Grass clippings may be redistributed so long as they are kept short. Operations should cut no more than 1/3 of the grass blade at each mowing. Clippings shall then be short enough to deteriorate quickly Attachment number 1 \nPage 37 of 62 Item # 15 Grounds and Landscaping Maintenance Contract Page 34 of 58 and return nutrients to the soil. A season’s worth of clippings equates to one application of commercial fertilizer. The reuse of clippings can be used as a form of recycling and a component of good solid waste management practices and shall be disposed of in accordance with Georgia law. 2.5.10.7 The Contractor shall ensure cutting blades on the mowing equipment is sharp at all times. All safety devices provided with this machine and all other types of equipment will be maintained in good working condition. Equipment shall not be used and will be removed from work site when unserviceable. 2.5.10.8 During the edging procedures, no steel blade edges shall be used along sidewalks with brick pavers or other masonry-like materials. These areas shall be trimmed using weed-eaters with synthetic string, to avoid damage to the adjacent area. 2.5.11 SHRUBS PRUNING & MAINTENANCE 2.5.11.1 Evergreen Shrubs and Vines. Remove undesirable growth periodically. Cut dead branches back to live wood. Remove exceptionally long branches to well inside the main body of the shrub. Shrubs shall be made to remain constantly fresh, neat, and limited to relatively new wood by selection and thinning. Most shrubs should be encouraged to grow in sprays, either somewhat stiffly, or arching outward (depending on the type of shrub), covered with flowers and berries and thus obtaining the greatest natural beauty. Plants of prostrate habit, planed as ground coverage, should be forced to remain prostrate by cultivating their lateral growth and by pruning away all erect branches. 2.5.11.2 Deciduous Shrubs. Prune these immediately after the flowering stage. Old wood, easily recognizable by rougher, darker colored bark, should be pruned back or taken out entirely. These shrubs bloom on the new growth and this growth should be encouraged to Attachment number 1 \nPage 38 of 62 Item # 15 Grounds and Landscaping Maintenance Contract Page 35 of 58 reach its greatest strength and fullness before a new spring arrives. 2.5.11.3 Vines. Shall not be pruned except to remove loose ends and branches that encroach upon windows and doors and threaten to work their way under roofing tile or into trees. Vines should be lead and fastened on trellises or fences. 2.5.11.4 Shrubs and vines should be maintained to permit a clear unobstructed view of all signage. 2.5.12 TREES PRUNING & MAINTENANCE Existing trees (except conifers) shall be pruned as needed by a qualified worker to thin out any overly dense crowns, to shorten long or weak limbs, and to remove dead, dying, diseased, or injured wood. Young trees should be pruned at planting time to compensate for loss suffered in transplanting. Shrubs and vines should be pruned to remove undesirable growth, dead branches to develop a desirable shape. 2.5.12.1 Prune trees at the time of planting to improve structure and to reduce top growth to compensate for roots lost in moving. Do not prune trees that have been pruned at the nursery. 2.5.12.2 When removing a branch, make the cut flush with the main branch. Do not leave a short stub, because the healing callus cannot close over the stub, which will decay and may prematurely injure the tree. When cutting back a branch, cut to a bud so as not to leave a stub. 2.5.12.3 Hold back the spread of the limbs by pruning as the young transplant grows until the trunk develops and becomes able to support a large crown. 2.5.11.4 Trees should be maintained to permit a clear unobstructed view of all signage. 2.5.13 WEED CONTROL Weeds and brush must be controlled to permit the vigorous growth of desired Attachment number 1 \nPage 39 of 62 Item # 15 Grounds and Landscaping Maintenance Contract Page 36 of 58 plantings, to prevent erosion of drainage ways and reservoirs, to eliminate objectionable plants, and reduce fire hazard. Where it is necessary to control weeds for protection of desirable covers, complete eradication is seldom justified. Contractor may employ various techniques to control weeds. Weeds may be controlled by: 2.5.13.1 use of chemicals (herbicides); 2.5.13.2 mowing and chopping; 2.5.13.3 tilling the soil; 2.5.13.4 planting the area with other types of vegetation that have superior competitive characteristics; 2.5.13.5 changing the soil’s fertility or acidity so that problem weeds will be less able to compete with the desired vegetation; and 2.5.13.6 manipulation of water level at critical times to destroy some waterweeds. 2.5.14 WEED CONTROL PROGRAM Although it is usually a relatively simple matter to kill most weeds, it is often difficult to prevent their return from seed or still living portions of plants. A complete program should be developed in cooperation with specialists before weed control projects are undertaken at the Airport. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Attachment number 1 \nPage 40 of 62 Item # 15 Grounds and Landscaping Maintenance Contract Page 37 of 58 2.6 SERVICE AREAS The Contractor will provide the services described in Performance Work Statement and Scope of Services to the following areas. Airport’s areas are estimates that should be verified by Contractor. See Exhibits. 2.6.1 AREA 1: INTERIOR GARDENS AREA Interior gardens, 16,699 sq. ft., are in the airport’s secured area between the holding room and main terminal. Area includes irrigation system, lawns, water feature, beds, trees, and shrubbery. 2.6.2 AREA 2: PASSENGER TERMINAL PERIMETER AREA Passenger Terminal perimeter, 243,586 sq. ft., is defined as those areas north, south, and west of main terminal. Area includes VIP parking lot, taxi staging area, rental car staging area/overflow parking lot/credit card lot, trees, irrigation system, lawns, planted beds, shrubbery, pedestrian walkways, and main road in front of terminal. Service area does not include shrubbery and planted beds located immediately west of Aviation Way. 2.6.3 AREA 3: MAIN ENTRANCE SIGN AREA Main entrance sign area, 4,259 sq. ft., is defined as the area around the Airport’s main entrance sign located at the intersection of Aviation Way where the road circles around and intersects Aviation Way. Area includes irrigation Service/Task Approximate Area Area 1: Interior Gardens Area 16,699 sq ft Area 2: Passenger Terminal Perimeter Area 243,586 sq ft Area 3: Main Entrance Sign Area 4,259 sq ft Area 4: North Entrance Sign Area 5,504 sq ft Area 5: Fixed Base Operator (FBO) Area 167,278 sq ft Area 6: Weather Bureau Area 55,026 sq ft Area 7: Hangar One Area 21,317 sq ft Area 8: Hangar Two Area 29,270 sq ft Area 9: Hangar Three Area 20,845 sq ft Area 10: Commercial Parking Lots Area 967,383 sq ft Area 11: Georgia State Patrol Hangar 43,560 sq. ft Total 1,574,727 sq. ft. Attachment number 1 \nPage 41 of 62 Item # 15 Grounds and Landscaping Maintenance Contract Page 38 of 58 system, shrubbery, and planted bed (seasonal) surrounding main entrance sign. 2.6.4 AREA 4: NORTH ENTRANCE SIGN AREA North entrance sign area, 5,504 sq. ft., is defined as the area around the Airport’s north entrance sign located at the intersection of Doug Barnard and Aviation Way. Area includes irrigation system, lawns, shrubbery, roadway, and planted bed (seasonal) surrounding north entrance sign. 2.6.5 AREA 5: FIXED BASE OPERATOR (FBO) AREA FBO, 167,278 sq. ft., is located immediately south of main terminal. Area includes mulch beds, planted beds, shrubbery, trees, irrigation system, lawns, parking lot, roadway, and pedestrian walkway. Area also includes an interior garden with planted beds, shrubbery, trees, and pedestrian walkway. Area also includes lawn inside airport’s secured area. 2.6.6 AREA 6: WEATHER BUREAU AREA Weather bureau, 55,026 sq. ft., is located at the eastern corner of the intersection of Aviation Way and Hangar Road. Area includes irrigation system, shrubbery, lawns, planted beds, trees, roadway and parking lots on both sides of Hangar Road. 2.6.7 AREA 7: HANGAR ONE AREA Hangar One area, 21,317 sq. ft., is located on Hangar Road south of Weather Bureau facility. Area includes irrigation system, lawns, shrubbery, parking lots on both sides of Hangar Road, unplanted beds, and planted beds. Area also includes lawn area immediately north of Hangar One, Gate L. 2.6.8 AREA 8: HANGAR TWO AREA Hangar Two area, 29,270 sq. ft., is located immediately south of Hangar One. Area includes irrigation system, lawns, planted beds, unplanted beds, shrubbery, parking lot at Hangar Two, parking lot across Hangar Road, pedestrian walkway, and roadway. Attachment number 1 \nPage 42 of 62 Item # 15 Grounds and Landscaping Maintenance Contract Page 39 of 58 2.6.9 AREA 9: HANGAR THREE AREA Hangar Three area, 20,845 sq. ft., is located immediately south of Hangar Two. Area includes irrigation system, lawns, planted beds, shrubbery, pedestrian walkway, and parking lot. Area also includes shrubbery and lawn inside airport’s secured area. 2.6.10 AREA 10: COMMERCIAL PARKING LOTS AREA Commercial parking area, 967,383 sq. ft., is defined as commercial parking lot located west of Aviation Way and main terminal. Except as defined in Passenger Terminal Perimeter, area includes area on both sides of Aviation Way surrounding parking area, irrigation system, lawn, trees, unplanted beds, planted beds, shrubbery, pedestrian walkways, rental car ready return parking lot, and parking lot. Aviation Way surrounds area. 2.6.11 AREA 11: GEORGIA STATE PATROL HANGAR AREA Georgia State Patrol Hangar, 43,560 sq. ft., is defined as the private hangar north of air cargo building. Area includes irrigation system, lawn, trees, unplanted beds, planted beds, shrubbery, roadway, pedestrian walkways, and parking lot. SECTION 3 AIRPORT’S ADMINISTRATOR DUTIES 3.1 The Airport Administrator is the person responsible for the performance of this Contract on behalf of the Airport. The Contractor will strictly and promptly follow the Administrator’s instructions in every case. The Administrator shall have free access to the materials and the work at all times for measuring and inspecting the work. The Contractor is to afford the Administrator all necessary facilities and assistance for so doing. 3.2 The Administrator will decide all questions that may arise as to the quality and acceptability of work performed, and as to the manner of performance and rate of progress of the work. The Administrator will decide all questions that may arise as to the interpretation of the Performance Work Statement, and plans relating to the work and to Attachment number 1 \nPage 43 of 62 Item # 15 Grounds and Landscaping Maintenance Contract Page 40 of 58 the fulfillment of the Contract on part of the Contractor. The Administrator will determine the amount and quality of the various kinds of work performed and materials furnished which are to be paid for under the Contract. However, such instructions shall not change the status of the Contractor from independent contractor to that of an employee or agent of the City. The Administrator or designee’s decisions upon all claims, questions, and disputes will be final and conclusive upon the parties to this Contract. 3.3 The Administrator or his designee may make temporary changes in the routine tasks or task frequencies if such changes do not increase or decrease the Contractor’s costs. Such changes shall not be considered modifications of the Contract and shall not affect the amount or method of payment to the Contractor. 3.4 The Administrator and Contractor’s Representative shall meet daily, before the start of work, to review tasked the Contractor is to perform during the day. The Administrator and Contractor’s Representative shall meet daily at the end of the workday to discuss work performed. SECTION 4 CONTRACTOR’S EMPLOYEES 4.1 Contractor shall provide trained, qualified personnel to perform the duties required in accordance with the Performance Work Statement. Any Contractor employee assigned to work in the gardens located in Airport’s secure areas shall undergo a background check to receive the clearance necessary for the employee to work in “Secure Areas” without an escort. The Contractor will bear the cost for any background checks. 4. 2 Subject to controlling law, the Administrator will refuse to permit the Contractor to use any employee on this job if the Administrator reasonably deems that individual unfit to work at the Airport facilities in any respect. 4.3 Contractor shall instruct its employees that no gratuities shall be solicited for any reason whatsoever from occupants or other persons using the Airport facilities or any other person. 4.4 All Contractor employees shall strictly adhere to Airport regulations while on the Airport premises, including but not limited to Augusta, Georgia, County, and TSA and FAA regulations governing access to buildings, personal conduct, and possession of prescribed Attachment number 1 \nPage 44 of 62 Item # 15 Grounds and Landscaping Maintenance Contract Page 41 of 58 substances, parking, and traffic. The Airport reserves the right to require the removal of Contractor employees from assignment to its site. SECTION 5 CONTRACTOR’S COMPENSATION 5.1 Contractor’s annual bid amount for completion of the work as defined in the Performance Work Statement and Scope of Services, and performed in accordance with Service Performance Standards and Service Performance Methods is Sixty-one thousand five hundred eighty one and no/100 dollars ($61,581.00). Contractor shall be compensated on a monthly basis, $5,131.50, for the completion of services performed in each service area. The monthly amount per service area is itemized below. Any penalties for nonperformance will be deducted as described below. 5.2 Contractor shall submit a monthly invoice to Administrator for service performed under contract. Invoice shall be itemized by service area. Contractor’s compensation for satisfactorily completed work is itemized as follows: 5.3 The Parties acknowledge that there may be additional need to perform additional grounds work in preparation for the special events, such as the Masters® Golf Tournament, and other special circumstances. When approved by the Aviation Commission, Contractor shall submit an invoice itemizing approved work. Service Area Approximate Area Monthly Compensation Area 1: Interior Gardens Area 16,699 sq ft $900.00 Area 2: Passenger Terminal Perimeter Area 243,586 sq ft $750.00 Area 3: Main Entrance Sign Area 4,259 sq ft $175.00 Area 4: North Entrance Sign Area 5,504 sq ft $150.00 Area 5: Fixed Base Operator (FBO) Area 167,278 sq ft $650.00 Area 6: Weather Bureau Area 55,026 sq ft $382.00 Area 7: Hangar One Area 21,317 sq ft $250.00 Area 8: Hangar Two Area 29,270 sq ft $250.00 Area 9: Hangar Three Area 20,845 sq ft $250.00 Area 10: Commercial Parking Lots Area 967,383 sq ft $1,200.00 Area 11: Georgia State Patrol Hangar Area 43,560 sq. ft. $174.50 Total 1,574,727 sq. ft $5,131.50 Attachment number 1 \nPage 45 of 62 Item # 15 Grounds and Landscaping Maintenance Contract Page 42 of 58 5.4 Payment Term. The Airport will make every effort to insure the Contractor’s invoice is paid within thirty (30) working days after receipt of the invoice. 5.5 Contractor shall submit invoices to: Augusta Regional Airport Attn: Bill Thompson Director Facilities Maintenance 1501 Aviation Way Augusta, Georgia 30906 SECTION 6 NON-PERFORMANCE 6.1 ROUTINE WORK THAT IS NOT PERFORMED AND/OR IS PERFORMED IN AN UNACCEPTABLE MANNER Administrator will designate routine work as non-performance or unacceptable when any one of the following conditions exists: 6.1.1 When the Administrator determines that the Contractor has not performed routine work as described in the Performance Work Statement and/or Scope of Services in any service area, and/or that work has not been performed in accordance with Service Performance Standards and/or Service Performance Methods then the entire area’s routine work will be considered unacceptable for the month. 6.1.2 Work was not completed in a manner acceptable to the Administrator. 6.1.3 Work has not been completed in a timely manner. 6.1.4 The appearance of the service area does not meet standards as described in Performance Work Statement and Scope of Services in any service area, and/or that work has not been performed in accordance with Service Performance Standards and/or Service Performance Methods. 6.1.5 The correct frequency of routine work was not applied to service area. 6.1.6 The proper materials, tools, and/or equipment were not used. 6.1.7 The above list of conditions which determine non-performance of work is not exhaustive. Attachment number 1 \nPage 46 of 62 Item # 15 Grounds and Landscaping Maintenance Contract Page 43 of 58 6.2 PENALTY FOR WORK THAT IS NOT PERFORMED AND/OR IS PERFORMED IN AN UNACCEPTABLE MANNER When the Administrator determines that routine work in unacceptable and the Contractor has not remedied the discrepancy to the Administrator’s acceptance, the Contractor will be penalized for non-performance. Contractor’s failure to perform routine work, as set forth herein shall subject it to deductions as set forth below. Deductions shall be made from the Contractor’s itemized monthly invoice. SECTION 7 AGREEMENT 7.1 ENTIRE AGREEMENT This Contract, together with all of the attachments shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Contract shall not be binding upon either party except to the extent incorporated in this Contract. The Contractor’s bid is incorporated by reference into this Contract as if fully set forth herein. 7.2 GOVERNING LAW This Contract will be construed under Georgia law, including the Georgia Uniform Commercial Code; all remedies available under that code are applicable to this Contract. Contractor and the City fix jurisdiction and venue for any action brought with respect to this Contract in Augusta, Georgia. Service/Task Penalty Area 1: Interior Gardens Area 25% of monthly fee Area 2: Passenger Terminal Perimeter Area 25% of monthly fee Area 3: Main Entrance Sign Area 25% of monthly fee Area 4: North Entrance Sign Area 25% of monthly fee Area 5: Fixed Base Operator (FBO) Area 25% of monthly fee Area 6: Weather Bureau Area 25% of monthly fee Area 7: Hangar One Area 25% of monthly fee Area 8: Hangar Two Area 25% of monthly fee Area 9: Hangar Three Area 25% of monthly fee Area 10: Commercial Parking Lots Area 25% of monthly fee Area 11: Georgia State Patrol Hangar Area 25% of monthly fee Attachment number 1 \nPage 47 of 62 Item # 15 Grounds and Landscaping Maintenance Contract Page 44 of 58 7.3 LEGAL CONSTRUCTION If any provision contained in this Contract is held to be invalid, illegal or unenforceable, that invalidity, illegality or unenforceability will not affect any other provision of this Contract and this Contract will be construed as if the invalid, illegal or unenforceable provision had never been contained in this Contract. 7.4 PRIOR CONTRACTS SUPERSEDED This Contract and the attachments constitute the sole and only agreement between Contractor and the City with respect to the subject matter of this Contract and supersede any prior understandings or written or oral contracts respecting the subject matter of this Contract. 7.5 COUNTERPARTS This Contract may be executed concurrently in one or more counterparts, each of which will be deemed an original, but all of which will together constitute one Contract. 7.6 FURTHER ACTS Airport and Contractor each agrees to perform any additional acts and execute and deliver any additional documents as may reasonably be necessary in order to carry out the provisions and affect the intent of this Contract. 7.7 INSPECTION The City may, at reasonable times, inspect the part of the plant, place of business, or work site of a contractor, subcontractor, or subunit thereof, which is pertinent to the performance of any contract awarded or to be awarded by Augusta, Georgia. 7.8 AMENDMENTS Contractor acknowledges that this Contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Board of Commissioners and approval of the Mayor. Under Georgia law, Contractor is deemed to possess knowledge concerning the City’s ability to assume contractual obligations and the consequences of Contractor’s provision of goods or services to Augusta, Georgia under an unauthorized contract, Attachment number 1 \nPage 48 of 62 Item # 15 Grounds and Landscaping Maintenance Contract Page 45 of 58 amendment, modification, change order or other similar document, including the possibility that the Contractor may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Contractor agrees that if it provides goods or services to the City under a contract that has not received proper legislative authorization or if the Contractor provides goods or services to Augusta, Georgia in excess of the any contractually authorized goods or services, as required by Augusta, Georgia’s Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods or services provided by Contractor. Contractor assumes all risk of non-payment for the provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized, including, without limitation, all remedies at law or equity.” 7.9 TEMPORARY SUSPENSION OR DELAY OF PERFORMANCE OF CONTRACT To the extent that it does not alter the scope of this Contract the City may unilaterally order a temporary stopping of the work, or delaying of the work to be performed by the Contractor under this Contact. 7.10 USE OF AUGUSTA, GEORGIA LANDFILL Contractor shall dispose of all debris, trash, trimmings and limbs from the Airport will be transported to and disposed of at the Augusta, Georgia Solid Waste Landfill in accordance with local and state regulations. The Contractor shall provide evidence of proper disposal through manifests, which shall include the types of material disposed of, the name and location of the disposal facility, date of disposal and all related fees. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Attachment number 1 \nPage 49 of 62 Item # 15 Grounds and Landscaping Maintenance Contract Page 46 of 58 SECTION 8 SIGNATURE PAGE I WITESS WHEREOF , the parties hereto have caused this Contract to be executed by their appropriate officials, as of the date first written above. COTRACTOR: AUGUSTA LAWN AND TURF, INC. BY: Title: Printed Name: AIRPORT APPROVED: AUGUSTA AVIATIO COMMISSIO BY: ______________________________ Title: Chairman Printed Name: ______________________ APPROVED AS TO FORM: ___________________________________ County Attorney COUTY AUGUSTA, GEORGIA BY: Title: Mayor Printed Name: David Copenhaver Attest: _________________________ Clerk: __________________________ (Seal) Attachment number 1 \nPage 50 of 62 Item # 15 Grounds and Landscaping Maintenance Contract Page 47 of 58 EXHIBIT ONE: AIRPORT SERVICE AREAS Attachment number 1 \nPage 51 of 62 Item # 15 Grounds and Landscaping Maintenance Contract Page 48 of 58 EXHIBIT TWO: AREA 1 INTERIOR GARDENS Attachment number 1 \nPage 52 of 62 Item # 15 Grounds and Landscaping Maintenance Contract Page 49 of 58 EXHIBIT THREE: AREA 2 PASSENGER TERMINAL PERIMETER Attachment number 1 \nPage 53 of 62 Item # 15 Grounds and Landscaping Maintenance Contract Page 50 of 58 EXHIBIT FOUR: AREA 3 MAIN ENTRANCE SIGN Attachment number 1 \nPage 54 of 62 Item # 15 Grounds and Landscaping Maintenance Contract Page 51 of 58 EXHIBIT FIVE: AREA 4 NORTH ENTRANCE SIGN Attachment number 1 \nPage 55 of 62 Item # 15 Grounds and Landscaping Maintenance Contract Page 52 of 58 EXHIBIT SIX: AREA 5 FIXED BASE OPERATOR (FBO) Attachment number 1 \nPage 56 of 62 Item # 15 Grounds and Landscaping Maintenance Contract Page 53 of 58 EXHIBIT SEVEN: AREA6 WEATHER BUREAU Attachment number 1 \nPage 57 of 62 Item # 15 Grounds and Landscaping Maintenance Contract Page 54 of 58 EXHIBIT EIGHT: AREA 7 HANGAR ONE Attachment number 1 \nPage 58 of 62 Item # 15 Grounds and Landscaping Maintenance Contract Page 55 of 58 EXHIBIT NINE: AREA 8 HANGAR TWO Attachment number 1 \nPage 59 of 62 Item # 15 Grounds and Landscaping Maintenance Contract Page 56 of 58 EXHIBIT TEN: AREA 9 HANGAR THREE Attachment number 1 \nPage 60 of 62 Item # 15 Grounds and Landscaping Maintenance Contract Page 57 of 58 EXHIBIT ELEVEN: AREA 10 COMMERCIAL PARKING LOTS Attachment number 1 \nPage 61 of 62 Item # 15 Grounds and Landscaping Maintenance Contract Page 58 of 58 EXHIBIT TWELVE: AREA 11 GEORGIA STATE PATROL HANGAR Attachment number 1 \nPage 62 of 62 Item # 15 Attachment number 2 \nPage 1 of 1 Item # 15 Attachment number 3 \nPage 1 of 4 Item # 15 Attachment number 3 \nPage 2 of 4 Item # 15 Attachment number 3 \nPage 3 of 4 Item # 15 Attachment number 3 \nPage 4 of 4 Item # 15 Attachment number 4 \nPage 1 of 1 Item # 15 Attachment number 5 \nPage 1 of 4 Item # 15 Attachment number 5 \nPage 2 of 4 Item # 15 Attachment number 5 \nPage 3 of 4 Item # 15 Attachment number 5 \nPage 4 of 4 Item # 15 VENDORS Attachment B E-Verify #Addendum1 SAVE Form Bid Item 1.0 Annual Cost Bid Item 2.0 Annual Cost AUGUSTA LAWN & TURF P. O. BOX 212162 AUGUSTA, GA 30917 Yes 202665 Yes Yes $61,581.00 $97,800.00 GREEN KEEPER LANDSCAPING 342 BOY SCOUT ROAD AUGUSTA, GA 30909 Yes 355051 Yes Yes $94,320.00 $94,320.00 HUDSON LANDSCAPE P. O. BOX 212477 AUGUSTA, GA 30909 Yes 386413 Yes Yes $79,386.00 $79,386.00 PERIMETER LANDSCAPE 4310 BELAIR FRONTAGE RD AUGUSTA, GA 30909 Yes 622166 Yes Yes $91,944.00 $91,944.00 JACOBS LAND MANAGEMENT 118 WOODLAND ROAD MARTINEZ, GA 30907 Yes 417873 Yes Yes $78,300.00 $78,300.00 NORTH GEORGIA LANDSCAPE 1962 RAILROAD STREET STATHAM, GA 30666 Yes 191018 Yes Yes $77,768.00 $77,768.00 DALZELL LANDSCAPE 925 CURRYTOWNE BLVD NORTH AUGUSTA, SC 29860 Yes 594253 Yes Yes $142,560.00 $142,560.00 CURBAPPEAL SERVICES 1103 HGHMOOR PLACE EVANS, GA 30809 Yes No Yes Yes The following vendors did not respond: CSRA LANDSCAPING / 2232A PEACH ORCHARD RD / AUGUSTA, GA 30906 LAWNS UNLIMITED / P. O. BOX 204069 / AUGUSTA, GA 30917 C & S MECHANICAL TRADES / 2242B HEPHZIBAH MCBEAN / HEPHZIBAH, GA 30815 TRISCAPES INC / 380 MULLINAX ROAD / ALPHARETTA, GA 30009 EARTH CARE / P. O. BOX 2284 / KENNESAW, GA 30156 GA MAINTENANCE SERVICE GROUP / 50 HUNT PLAZA PALCE / ATLANTA, GA 30303 Bid Opening Bid Item #13-092 Grounds & Landscaping Maintenance Services for Augusta, Georgia - Augusta Regional Airport Bid Due: Wedneday, May 1, 2013 @ 3:00 p.m. Non-Compliant Page 1 of 1 Attachment number 6 \nPage 1 of 1 Item # 15 Commission Meeting Agenda 6/18/2013 5:00 PM Motion to Authorize Construction Manager to Proceed with Contract Award of Bid Package #6 (Demolition and Abatement) for the Augusta Georgia Municipal Building Renovations and Modernization. Department:Recreation, Parks and Facilities Caption:Motion to authorize Turner Construction Company to award Bid Package #6, in the amount of $2,021,703, which provides the Demolition and Abatement for the Augusta Georgia Municipal Building Renovations and Modernization. (Approved by Public Services Committee June 10, 2013) Background:Turner Construction Company was selected under RFQ 10-195 as the Construction Manager at Risk for the Augusta Georgia Municipal Building Renovations and Modernization. This is the fourth bid package completed by the Design team, led by Virgo Gambill Architects. Bids were accepted and reviewed by Turner Construction Company, Virgo Gambill Architects, and the CIPM. Analysis:The following is the lowest responsive, responsible bidder, as determined by Turner Construction Company to perform the work. The Subcontractor pursuant to Exhibit G is as follows: Thompson Wrecking Augusta, GA The Scope of Work includes all work associated with the Demolition and Abatement and is within the budgeted amount that was estimated for this scope of the work. Turner Construction Company has included the bid summary and bid proposals as back-up to support this. Financial Impact:The amount for Bid Package #6 is a component of the Guaranteed Maximum Price (GMP), which is scheduled to be established and approved in October of 2013. The total GMP is currently budgeted to not exceed $23,415,885. Alternatives:1. Motion to Approve. 2. Wait until the Guaranteed Maximum Price is established, which will delay the completion of the facility. Recommendation:1. Motion to Approve and provide authorization to Turner Cover Memo Item # 16 Construction Company to award Bid Package #6, thus facilitating the start of Demolition and Abatement for the Municipal Building Renovations and Modernization project Funds are Available in the Following Accounts: Augusta Georgia Municipal Building Renovations and Modernization: GL –328-05-1120; JL – 52-12119 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 16 Augusta Georgia Municipal Building Renovations and Modernization Early Release Bid Package Deliverables Schedule Early Release Bid Package 3 (BP03) – 100% Concrete and Steel · Agenda Item Due – 05/08/13 · Committee Meeting – 05/13/13 · Commission Meeting – 05/21/13 Early Release Bid Package 4 (BP04) – MEP Vertical Riser, Addition, Floors 1-2 & 6-% Floors 3-9 · Agenda Item Due – 06/05/13 · Committee Meeting – 06/10/13 · Commission Meeting – 06/18/13 Early Release Bid Package 5 (BP05) – 100% Precast, Curtainwall, Metal Panels, Roof & Elevators · Agenda Item Due – 06/19/13 · Committee Meeting – 06/24/13 · Commission Meeting 07/02/13 Early Release Bid Package 6 (BP06) – 100%Demo & Abatement Floors 1-2 & 60% Floors 3-9 · Agenda Item Due – 06/05/13 · Committee Meeting – 06/10/13 · Commission Meeting – 06/18/13 Early Release Bid Package 7 (BP07) – 100% Finishes Addition, Floors 1-2 & 60% Floors 3-9 · Agenda Item Due 07/24/13 · Committee Meeting – 07/29/13 · Commission Meeting – 08/05/13 Early Release Bid Package 8 (BP08) – IT Building · To Be Determined Pending A/E Services Commission Approval Early Release Package 9 (BP09) – Engineering Buildings Renovations · To Be Determined Pending A/E Services Commission Approval Attachment number 1 \nPage 1 of 1 Item # 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16 Attachment number 13 \nPage 7 of 7 Item # 16 Commission Meeting Agenda 6/18/2013 5:00 PM Contract Extension with Heery International for Program Management of Capital Improvements Plan Department:Recreation, Parks and Facilities Caption:Motion to extend the contract with Heery International for Capital Improvement Program Management on SPLOST projects through April 30, 2015 for an extended contract price increase of $1,646,566 and a revised estimated not exceed contract amount of $11,615,082.(No recommendation from Public Services Committee June 10, 2013) Background:Heery International has been the Capital Improvements Program Manager for Augusta since 2003. Projects they have managed have included the new Augusta Library, the Augusta Judicial Center and John H. Ruffin Courthouse, Charles B. Webster Detention Center Expansion Phase I, the TEE Center, the Reynolds Street Parking Deck and the Richmond County Sheriff's Administration Building. Analysis:Heery's current extended contract is due to end on July 30, 2013. Program Management services are currently being provided for Webster Dentention Center Phase II, the Municipal Building Renovations, the Transit Operations and Maintenance Facility and Daniel Field Hanger Door Replacement. All projects listed above have progressed to at least late planning stages with significant commitments made in terms of time and money to move these projects forward to completion. The benefits in extending Heery's Program Management Contract are further detailed in the attached correspondence dated May 20, 2013. Financial Impact:The total contract amount which began in 2003 will increase $1,646,566 for a revised estimated not to exceed contract amount of $11,615,082. Alternatives:1. Motion to Extend the contract with Heery International for Capital Improvement Program Management on SPLOST Projects through July 30, 2015 for an extended contract price increase of $1,646,566 and a revised estimated not exceed contract amount of $11,615,082. 2. Move No Action thus delaying these significant projects, potentially costing the City additional dollars to complete Cover Memo Item # 17 due to delays. Recommendation:1. To Approve and extend the contract with Heery International to complete the current projects in design and under construction until July 30, 2013, increasing the contract by $1,646,566. Funds are Available in the Following Accounts: Funds are available in SPLOST allocations for each project. REVIEWED AND APPROVED BY: Cover Memo Item # 17 Attachment number 1 \nPage 1 of 3 Item # 17 Attachment number 1 \nPage 2 of 3 Item # 17 Attachment number 1 \nPage 3 of 3 Item # 17 Commission Meeting Agenda 6/18/2013 5:00 PM Riverwalk repairs Department: Caption:Update from the Administrator and RecreationDepartment regarding the Commission's June 10th tour of Riverwalk and the timeline associated with completing the identified landscaping, lighting, and other structural items that need to be addressed and repaired. (Requested by Mayor Pro Tem Corey Johnson) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 18 Commission Meeting Agenda 6/18/2013 5:00 PM Skittlez Bar and Grille Department: Caption: For Discussion: Mr. Henry N. Crane III on behalf of Mr. Timothy Lowery request the Commission to reconsider the decision to suspend the Business Tax Certificate and Dance Hall License for Mr. Timothy Lowery, d/b/a: Skittlez Bar and Grille at 1855 Gordon Highway. Background:Sec. 6-6-43. Dance halls. (g) Right of suspension by License & Inspection Department. The License & Inspection Department shall have the right to suspend any business tax certificate issued under this chapter whenever a person, firm or corporation doing business shall deviate from the normal operation for which the business tax certificate was obtained or fails in performance to meet the required regulations and code as set forth by the License & Inspection Department, Augusta-Richmond County Sheriff’s Department or Augusta-Richmond County Health Department, or violates any law or ordinance of the United States, or the State or Augusta-Richmond County, in pursuance of such business conducted under such business tax certificate….. Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 19 Commission Meeting Agenda 6/18/2013 5:00 PM Skittlez Bar and Grille Department: Caption: Notice of Appeal: Mr. Henry N. Crane III on behalf of Mr. Timothy Lowery appeals the Commission’s ruling to suspend the Alcohol Licenses for Mr. Timothy Lowery, d/b/a: Skittlez Bar and Grille at 1855 Gordon Highway pursuant to Augusta-Richmond County Code Section 6-2-75 (g). Background:Sec. 6-2-75. Procedure for probation, suspension & revocation. (a) Upon cause to believe that due cause exists for the probation, suspension or revocation of a license under this Ordinance, the Director of License & Inspection or head of any department authorized to inspect the licensed premises, shall file a complaint with the Augusta-Richmond County Commission. The Director of License & Inspection shall notify the licensee, in writing, of the time and place of the next meeting when such complaint shall be heard by the Commission or a committee thereof. Such Notice shall be deemed sufficient when mailed to licensee at the address of the location at least five (5) days prior to said hearing. (b) The Commission or committee thereof shall hear the evidence offered by the complaining authority herein and the evidence offered by the licensee. The licensee may be represented by counsel, may offer testimony by witnesses or any other evidence and may question the witnesses of the complaining authority. At the close of the evidence, the Committee shall revoke, suspend or sustain the license, or place the licensee on probation. (c) If the Commission or committee thereof decides to revoke or suspend the license(s), all licenses issued to the location shall be surrendered to the Director of License & Inspection and no alcohol shall be sold, served or consumed on the premises. (d) If the Commission or committee thereof decides to suspend the license(s), it shall state the number of days of the suspension. The licensee shall surrender the license or licenses to the Director of License & Inspection, who shall return the license(s) to the licensee at the end of the suspension period. No alcohol shall be sold, served or consumed at the location during the period of suspension. (e) If the Commission or committee thereof sustains the license, the license shall remain in effect as issued. (f) If the Commission or committee thereof decides to place the licensee on Cover Memo Item # 20 probation, it shall state the number of days of the probation. The licensee shall retain the license or licenses during the period of the probation period. (g) The decision of the Commission or committee thereof may be appealed by either the licensee or the complaining authority by serving notice in writing on the Commission Chief Administrative Officer within five (5) days of the day of the hearing before the Commission or committee thereof. The filing of a notice of appeal shall have no effect on the status of the license as decided by the Commission or committee thereof and if the license was placed on probation, suspended or revoked, it shall remain so until said status is changed by the Commission. (h) If a notice of appeal is filed with the Augusta- Richmond County Chief Administrative Officer, he/she shall notify the appellant of the next scheduled meeting of the Commission, at least five (5) days before the date of the meeting; provided, however, that the five (5) day period may be waived by agreement of both parties. (i) At the appeal hearing, the Commission shall hear the evidence offered by the complaining authority and the evidence offered by the licensee. The licensee may be represented by counsel, may offer testimony by witnesses or any other evidence and may question the witnesses of the complaining authority. At the close of the evidence, the Commission shall affirm or reverse its prior decision. (j) If the Commission decides to affirm its revocation of the license(s), all licenses issued to the location, if not already surrendered, shall be surrendered to the Director of License & Inspection and no alcohol shall be sold, served or consumed on the premises. (k) If the Commission decides to affirm its suspension of the license(s), it shall state the number of days of the suspension. The licensee shall surrender the license or licenses, if not already surrendered, to the Director of License & Inspection who shall return the license(s) to the licensee at the end of the suspension period. No alcohol shall be sold, served or consumed at the location during the period of suspension. (l) If the Commission reverses its prior action with regard to the license and the Director of License & Inspection has possession of the license or licenses, the license(s) shall be promptly returned to the licensee. (m) If the Commission or committee thereof decides to affirm its decision to place the licensee on probation, it shall state the number of days of the probation. The licensee shall retain the license or licenses during the period of the probation period. Analysis: Financial Impact: Alternatives: Recommendation: Cover Memo Item # 20 Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 20 Attachment number 1 \nPage 1 of 1 Item # 20 Commission Meeting Agenda 6/18/2013 5:00 PM TRANSIT CITIZENS ADVISORY COMMITTEE BY-LAWS Department: Caption:Motion to approve the By-Laws for the Transit Citizens Advisory Committee (TCAC). Background:June 4, 2013 the Commission approved tasking the Deputy Administrator and the Law Department to draft the attached by- laws. 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 6 Item # 21 Attachment number 1 \nPage 2 of 6 Item # 21 Attachment number 1 \nPage 3 of 6 Item # 21 Attachment number 1 \nPage 4 of 6 Item # 21 Attachment number 1 \nPage 5 of 6 Item # 21 Attachment number 1 \nPage 6 of 6 Item # 21 Commission Meeting Agenda 6/18/2013 5:00 PM Meeting time for all committees Department:Clerk of Commission Caption:Motion to approve rotating the scheduled meeting time for all committees at two month intervals in accordance with proposed schedule presented by Commissioner Davis. (Approved by Administrative Services Committee June 10, 2013) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 22 Attachment number 1 \nPage 1 of 1 Item # 22 Attachment number 2 \nPage 1 of 1 Item # 22 Commission Meeting Agenda 6/18/2013 5:00 PM County Attorney Position Department: Caption:Discuss filling the County Attorney's position. (Requested by Commissioner Marion Williams) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 23 Commission Meeting Agenda 6/18/2013 5:00 PM Department Director's Response Time for Info Department: Caption:Discuss Department Director's response time to request(s) for information from members of the Commission. (Requested by Commissioner Marion Williams) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 24 Commission Meeting Agenda 6/18/2013 5:00 PM EEO.DBE Coordinators Department: Caption:Motion to direct the Administrator and staff to seek qualified applicants to fill the vacant position listed in the Consolidation Act as "Equal Employment Opportunity Director and as Director of Minority and Small Business Opportunities" and to submit the Administrator's recommended candidate to Commission for consideration and approval. (Requested by Commissioner Joe Jackson) Background:The Consolidation Act states that "the commission-council shall employ a person to serve as equal employment opportunity director and as director of minority and small business opportunities." This position is not currently filled. Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 25 Commission Meeting Agenda 6/18/2013 5:00 PM Ellis Albright Department:Clerk of Commission Caption:Presentation by Mr. Ellis Albright of the CSRA Business League regarding minority, women and disadvantaged businesses. (No recommendation from Administrative Services Committee June 10, 2013) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 26 Attachment number 1 \nPage 1 of 1 Item # 26 Commission Meeting Agenda 6/18/2013 5:00 PM No Confidence Vote Department: Caption:Motion to approve a "No Confidence Vote" relative to the performance or lack of performance of the Augusta-Richmond County General Counsel. (Requested by Commissioner Bill Lockett) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 27 Commission Meeting Agenda 6/18/2013 5:00 PM Intergovernmental Agreement Department:RCCI Caption:Motion to approve Fiscal Year 2014 County Capacity Agreement between the Georgia Department of Corrections and Augusta, Georgia relative to state inmates housed in RCCI and to authorize the Mayor and Clerk of Commission to execute such documents as necessary to consumate the agreement.(Approved by Public Safety Committee June 10, 2013) Background:This is a continuing agreement between the Georgia Department of Corrections and Augusta, Georgia. Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Law Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 28 Attachment number 1 \nPage 1 of 5 Item # 28 Attachment number 1 \nPage 2 of 5 Item # 28 Attachment number 1 \nPage 3 of 5 Item # 28 Attachment number 1 \nPage 4 of 5 Item # 28 Attachment number 1 \nPage 5 of 5 Item # 28 Commission Meeting Agenda 6/18/2013 5:00 PM Replacement of Obsolete Technology Equipment Department:Information Technology Department Caption:Motion to approve the replacement of obsolete technology equipment (desktops, laptops, servers, scanners and printers, etc.) that has reached their end of life cycle and purchase any required computer software upgrades. (Approved by Public Safety Committee June 10, 2013) Background:In an effort to provide the employees of Augusta Richmond County with current technology, the Information Technology Department (IT) schedules replacement of EOL (end of life) devices that, due to their age and capabilities, are not compatible with current standards and are unable to support the current software requirements. Information Technology has developed an IT Technology Replacement plan that replaces obsolete computers every 4 - 5 years and printers every 5-6 years, the normal life expectancy for the equipment. The replacement of desktops will consist of all computers that are not capable of operating the current software needs and the scheduled printers, laptops, servers, and scanners. Information Technology is also continuing with the standardization of current operating systems and Microsoft Office products throughout the organization. Therefore, required computer software upgrades may need to be purchased for the computers that are not scheduled to be replaced. All technology equipment removed from production will be disposed of in accordance with technology disposal policy. Qualified equipment such as functional PC’s that meet a determined specification will be sold in the Employee Lottery, and all other functional equipment will be taken to Fleet for sale in the county auction process. All data will be erased from any device accordingly. Analysis:Currently there are estimated 1800 computers deployed by the city. The life expectancy of a computer is 4-5 years. In some cases, these computers, servers and printers are incapable of processing the software required by today’s business environment. We have determined that’s some Hewlett Packard printer models over 7 years old are not capable of printer documents of acceptable quality. There are also laptops in inventory that are over 6 years old and will not run current software packages. These Cover Memo Item # 29 items will be purchased from state contract(99999-SPD- T20120702-0003)and/or the required procurement process. Other options were reviewed for the most cost effective solution, to include leasing, and this was found to be the best cost solution. Financial Impact:The total estimated cost for the technology replacements is $470,000. Funds for these replacements are included in the Information Technology 2013 Capital Budget. Alternatives:Leave existing devices in place. However, this will increase the cost of replacements in future budgets and will affect other technology related implementations. Increasing the city’s exposure to the risk of supporting and maintaining this out-of-date equipment another year could result in unpredictable outcomes. Recommendation:Approve the replacement of obsolete technology equipment (laptops, computers, servers, printers, scanners, switches, routers, and other telecommunication devices) and purchase of any required computer software upgrades. Funds are Available in the Following Accounts: 272015410-5316220(desktops) 272015410-5316230(laptops) 272015410-5316260(printers) 272015410-5424210(servers) 272015410-5316250 (peripherals) 272015410-5424210 (servers) 272015410-5232111 (telephone-other) REVIEWED AND APPROVED BY: Procurement. Information Technology. Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 29 Commission Meeting Agenda 6/18/2013 5:00 PM Statewide Electronic Secondary Metals Recycler Database Agreement Department:Clerk of Commission Caption:Motion to approve a Statewide Electronic Secondary Metals Recycler Database Agreement between Richmond County, the Richmond County Sheriff and the Georgia Sheriffs Association. (Approved by Public Safety Committee June 10, 2013) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 30 Attachment number 1 \nPage 1 of 16 Item # 30 Attachment number 1 \nPage 2 of 16 Item # 30 Attachment number 1 \nPage 3 of 16 Item # 30 Attachment number 1 \nPage 4 of 16 Item # 30 Attachment number 1 \nPage 5 of 16 Item # 30 Attachment number 1 \nPage 6 of 16 Item # 30 Attachment number 1 \nPage 7 of 16 Item # 30 Attachment number 1 \nPage 8 of 16 Item # 30 Attachment number 1 \nPage 9 of 16 Item # 30 Attachment number 1 \nPage 10 of 16 Item # 30 Attachment number 1 \nPage 11 of 16 Item # 30 Attachment number 1 \nPage 12 of 16 Item # 30 Attachment number 1 \nPage 13 of 16 Item # 30 Attachment number 1 \nPage 14 of 16 Item # 30 Attachment number 1 \nPage 15 of 16 Item # 30 Attachment number 1 \nPage 16 of 16 Item # 30 Commission Meeting Agenda 6/18/2013 5:00 PM Traffic Violations Bureau Department:Clerk of Commission Caption:Motion to approve asking Judge Slaby to move forward with a proposal to do the work involved with the creation of a Traffic Violation Bureau. (Approved by Public Safety Committee June 10, 2013) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 31 Commission Meeting Agenda 6/18/2013 5:00 PM Unattended Animals in Motor Vehicles Department:Animal Services Caption:Motion to approve ordinance to protect pets by prohibiting operators of motor vehicles from leaving the vehicle with an unattended dog, cat or other animal inside under circumstances that would endanger the animal's health, safety, or welfare. (Approved by Public Safety Committee June 10, 2013) Background:When this Ordinance was originally placed before the Public Safety Committee for approval the Committee requested that a standard operating procedure (SOP) be created and approved by the Public Safety Officers that would be responsible for enforcing the ordinance (Sheriff, Marshall, Fire Chief, Animal Services, and the Administrator). An SOP has been created and sign-off on by each department. Analysis:N/A Financial Impact:N/A Alternatives:Deny Motion to Approve. Recommendation:Approve the Motion. Funds are Available in the Following Accounts: N/A 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 Attachment number 2 \nPage 1 of 6 Item # 32 Attachment number 2 \nPage 2 of 6 Item # 32 Attachment number 2 \nPage 3 of 6 Item # 32 Attachment number 2 \nPage 4 of 6 Item # 32 Attachment number 2 \nPage 5 of 6 Item # 32 Attachment number 2 \nPage 6 of 6 Item # 32 Commission Meeting Agenda 6/18/2013 5:00 PM Unsupervised or Unattended Children in Motor Vehicles Department:Law Caption:Motion to approve ordinance to protect the children of Augusta, Georgia by prohibiting operators and adult passengers of motor vehicles from leaving the vehicle with an unattended child inside. (Approved by Public Safety Committee June 10, 2013) Background:Augusta, Georgia finds that leaving a young child unattended in a car can too often have tragic consequences, either because the child suffers from exposure to excessive heat or cold, is injured or kidnapped when the car is stolen, or releases the emergency brake, inadvertently starts the car, or puts the car in gear. Although the State of Georgia has criminal laws that can be used to sanction this behavior when injury or death results, it will be too late for the child in that case. Augusta, Georgia needs a way to deter this conduct when the child is not injured or killed, but before the ultimate tragedy happens. Analysis:None Financial Impact:N/A Alternatives:Deny the Motion. Recommendation:Approve the Motion. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Cover Memo Item # 33 Administrator. Clerk of Commission Cover Memo Item # 33 Attachment number 1 \nPage 1 of 5 Item # 33 Attachment number 1 \nPage 2 of 5 Item # 33 Attachment number 1 \nPage 3 of 5 Item # 33 Attachment number 1 \nPage 4 of 5 Item # 33 Attachment number 1 \nPage 5 of 5 Item # 33 Commission Meeting Agenda 6/18/2013 5:00 PM Mottion to approve Water and Sewer Revnue bonds Series 2013 bond resolution and authroize the Mayor and Clerk to sign all necessary documents Department:Finance and Utilites Caption:Motion to approve Water and Sewer Revenue Bonds Series 2013 bond resolution and authorize the Mayor and Clerk to sign all necessary documents. (Approved by Finance Committee June 10, 2013) Background:Commission has previously approved the issuance of the Water and Sewer Revenue Bonds. This is the next step in the process of issuing the 2013 Bond series. Analysis:This is the next step in the process of issuing the 2013 Bond Series. Financial Impact:n/a Alternatives:none Recommendation:Approve Bond Resolution Funds are Available in the Following Accounts: n/a REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 34 ___________________________________________________ PARITY BOND RESOLUTION ___________________________________________________ ADOPTED JUNE __, 2013 BY THE AUGUSTA-RICHMOND COUNTY COMMISSION RELATING TO AUGUSTA, GEORGIA WATER AND SEWERAGE TAXABLE REVENUE BONDS (SECOND RESOLUTION) SERIES 2013 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 40 Item # 34 i TABLE OF CONTENTS ARTICLE I DEFINITIONS ............................................................................................................7 Section 1. Ratification and Incorporation. ....................................................................7 Section 2. Additional Definitions. ................................................................................7 ARTICLE II AUTHORIZATION, FORM AND REGISTRATION OF SERIES 2013 BONDS ....................................................................................................................8 Section 1. Authorization. ..............................................................................................8 Section 3. Execution; Form of Series 2013 Bonds. ......................................................9 Section 4. Required Authentication; Proof of Ownership. .........................................19 Section 5. Bond Registrar; Transfer and Exchange. ...................................................19 Section 6. Lost, Destroyed, Mutilated Series 2013 Bonds. ........................................20 Section 7. Blank Bonds. ..............................................................................................20 Section 8. Global Form; Securities Depository; Ownership of Series 2013 Bonds. ........................................................................................................21 Section 9. Cancellation and Destruction of Series 2013 Bonds..................................22 ARTICLE III REDEMPTION OF SERIES 2013 BONDS BEFORE MATURITY ....................23 Section 1. Redemption. ...............................................................................................23 ARTICLE IV CUSTODY AND APPLICATION OF PROCEEDS .............................................24 Section 1. Ratification and Incorporation. ..................................................................24 Section 2. Application of Series 2013 Bond Proceeds; Creation of 2013 Expense Account. ......................................................................................24 ARTICLE V PLEDGED REVENUES AND FLOW OF FUNDS ...............................................25 Section 1. Ratification and Incorporation. ..................................................................25 Section 2. Pledge of Revenues ....................................................................................25 ARTICLE VI ADDITIONAL BONDS AND SUBORDINATE BONDS....................................26 Section 1. Ratification and Incorporation. ..................................................................26 Section 2. Amendment of Provisions Relating to Additional Bonds..........................26 ARTICLE VII DEPOSITORIES OF MONEYS AND SECURITIES FOR DEPOSITS .............27 Section 1. Ratification and Incorporation. ..................................................................27 ARTICLE VIII GENERAL PROVISIONS...................................................................................28 Section 1. Ratification and Incorporation. ..................................................................28 Section 2. Continuing Disclosure for Series 2013 Bonds. ..........................................28 ARTICLE IX EVENTS OF DEFAULT; REMEDIES ..................................................................29 Section 1. Ratification and Incorporation. ..................................................................29 ARTICLE X BOND OWNERSHIP ..............................................................................................30 Section 1. Ratification and Incorporation. ..................................................................30 Attachment number 1 \nPage 2 of 40 Item # 34 ii ARTICLE XI DEFEASANCE ......................................................................................................31 Section 1. Ratification and Incorporation. ..................................................................31 ARTICLE XII SUPPLEMENTAL RESOLUTIONS ....................................................................32 Section 1. Ratification and Incorporation. ..................................................................32 ARTICLE XIII MISCELLANEOUS PROVISIONS ....................................................................33 Section 1. Severability. ...............................................................................................33 Section 2. General Ratification. ..................................................................................33 Section 3. Validation. ..................................................................................................33 Section 4. Repealer. ....................................................................................................33 Section 5. Preliminary Official Statement; Official Statement; and Deemed Final Certificate. ........................................................................................33 Section 6. General Authority. .....................................................................................34 Section 7. Appointment of Paying Agent, Bond Registrar and 2013 Expense Account Custodian. ....................................................................................34 Section 8. Waiver of Bond Audit. ...............................................................................35 Attachment number 1 \nPage 3 of 40 Item # 34 A PARITY BOND RESOLUTION PROVIDING FOR THE ISSUANCE OF WATER AND SEWERAGE TAXABLE REVENUE BONDS (SECOND RESOLUTION), SERIES 2013; TO PROVIDE FUNDS TO PAY OR TO BE APPLIED TOWARD THE COST OF (I) FUNDING, IN PART, THE DEBT SERVICE RESERVE ACCOUNT FOR THE PRIOR LIEN BONDS (HEREAFTER DEFINED), (II) FUNDING A DEBT SERVICE RESERVE ACCOUNT FOR THE SERIES 2013 BONDS AND (III) PAYING THE COSTS OF ISSUANCE OF THE SERIES 2013 BONDS; TO RATIFY, REAFFIRM AND ADOPT ALL APPLICABLE TERMS, PROVISIONS, COVENANTS AND CONDITIONS OF THE MASTER BOND RESOLUTION; TO PROVIDE FOR THE ISSUANCE UNDER CERTAIN TERMS AND CONDITIONS OF ADDITIONAL PARITY BONDS; TO PROVIDE FOR THE CREATION AND MAINTENANCE OF CERTAIN FUNDS; TO RATIFY AND AUTHORIZE THE PREPARATION, USE AND DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT AND A FINAL OFFICIAL STATEMENT IN CONNECTION WITH THE OFFER AND SALE OF THE SERIES 2013 BONDS; TO AUTHORIZE THE SALE OF THE SERIES 2013 BONDS TO THE WINNING BIDDER; TO PROVIDE FOR THE ANNUAL SUBMISSION OF CERTAIN FINANCIAL INFORMATION AND OPERATING DATA PURSUANT TO RULE 15c2-12 OF THE SECURITIES AND EXCHANGE COMMISSION AND FOR 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 Consolidated Government of Augusta (the “Consolidated Government”) and Richmond County (the “County”), the Consolidated Government and the County (excluding the area within the Consolidated Government 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 Attachment number 1 \nPage 4 of 40 Item # 34 2 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 Consolidated Government and the County are owned and operated by the Consolidated Government and pursuant to the 1996 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 more specifically defined in the hereinafter described 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 have been paid in full; (iv) $149,400,000 original aggregate principal amount of Augusta, Georgia Water and Sewerage Revenue Bonds, Series 2002 (the “Series 2002 Bonds”), which have been paid in full; (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 $167,520,000 (the Series 2004 Bonds and the Series 2007 Bonds that will be outstanding upon the issuance and delivery of the Series 2013 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, pursuant to a Master Bond Resolution adopted on October 16, 2012 (the “Master Bond Resolution”), the Consolidated Government determined that it was in the best interests of the citizens of the area served by the System for the Consolidated Government to Attachment number 1 \nPage 5 of 40 Item # 34 3 make the additions, extensions, and improvements to the System described in the Master Bond Resolution as the Series 2012 Project, and the Consolidated Government determined that the most feasible means of (i) financing the Series 2012 Project, (ii) refunding the Series 2002 Bonds maturing October 1, 2018, October 1, 2027 and October 1, 2032 and then currently outstanding in the aggregate principal amount of $95,740,000 (iii) funding a debt service reserve account for the Series 2012 Bonds and (iv) paying the costs of issuance of the Series 2012 Bonds was through the issuance of its water and sewerage revenue bonds on the terms described in the Master Bond Resolution and designated as “Augusta, Georgia Water and Sewerage Revenue Refunding and Improvement Bonds (Second Resolution), Series 2012” (the “Series 2012 Bonds”) issued and delivered in the original aggregate principal amount of $138,830,000; and WHEREAS, under the Master Bond Resolution, the Consolidated Government determined that it would 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 WHEREAS, the Series 2012 Bonds are secured by a second lien on the Pledged Revenues (as defined in the Master Bond Resolution) of the System; and WHEREAS, the Prior Lien Resolution requires that if a rating issued to a debt service reserve surety bond provider by a rating agency is withdrawn or reduced below the rating assigned to that of the Prior Lien Bonds (currently rated “Aa3” by Moody’s and “AA-” by S&P) immediately prior to that action by such rating agency, the Consolidated Government must replace such debt services reserve surety bonds with a substitute surety bond within 60 days after such rating change, and, if no substitute surety bond is obtained by such date, must fund the debt service reserve account held within Sinking Fund No. 1 under the Prior Lien Resolution (the “Prior Lien Reserve Account”) in an amount equal to the Reserve Requirement (as defined in the Prior Lien Resolution) in not more than 24 equal monthly payments commencing not later than the first day of the month immediately succeeding the end of such 60 day period; and WHEREAS, the Consolidated Government previously obtained two debt service reserve surety bonds issued by Financial Security Assurance Inc. (“FSA”), currently known as Assured Guaranty Municipal Corp. (“AGM”), in the aggregate amount of $20,089,622 (collectively the “Sureties”) in order to fund the Prior Lien Reserve Account, and on January 17, 2013, Moody’s downgraded the rating issued to AGM from “Aa3” to “A2,” thereby triggering the need, commencing April 1, 2013, for the Consolidated Government to substitute the portion of the Prior Lien Reserve Account funded with the Sureties with cash, as no substitute surety bonds meeting the criteria in the Prior Lien Resolution were available; and WHEREAS, in anticipation of the issuance of the Series 2013 Bonds to provide a more permanent funding of the amounts required to be deposited in the Prior Lien Reserve Account, as an interim measure, on each of April 1, 2013, May 1, 2013, June 1, 2013 and July 1, 2013, the Consolidated Government made (and as to July 1, will make) a deposit to the Prior Lien Reserve Account equal to 1/24th of the cash requirement ($837,068) (the “Prior Lien Reserve Cash Deposits”); and Attachment number 1 \nPage 6 of 40 Item # 34 4 WHEREAS, the Consolidated Government has determined that the most feasible means of (i) funding the portion of the reserve requirement for the Prior Lien Bonds, (ii) funding a debt service reserve account for the Series 2013 Bonds and (iii) paying the costs of issuance of the Series 2013 Bonds is through the issuance of its water and sewerage revenue bonds on the terms described in this Parity Bond Resolution to be designated as “Augusta, Georgia Water and Sewerage Taxable Revenue Bonds (Second Resolution), Series 2013” (the “Series 2013 Bonds”) in an aggregate principal amount not to exceed $22,300,000; and WHEREAS, upon the issuance of the Series 2013 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 Series 2013 Bonds will be secured on a parity with the Series 2012 Bonds by a second lien on the Pledged Revenues of the System; and WHEREAS, it was provided in Section 6.3 of the Master Bond Resolution that Additional Bonds could be issued from time to time upon meeting certain conditions, as set forth therein, which are as follows (the capitalized terms used herein shall have such meanings as set forth in the Master Bond Resolution): (a) There shall have been procured and filed with the Consolidated Government either: (i) a report by an Independent Certified Public Accountant to the effect that the historical Net Operating Revenues and Investment Earnings (excluding Investment Earnings, if any, on the Construction Fund) for a period of 12 consecutive months of the most recent 24 consecutive months prior to the issuance of the proposed Additional 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 Attachment number 1 \nPage 7 of 40 Item # 34 5 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) [of the Master Bond Resolution] 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) [of the Master Bond Resolution] may not take into consideration any rate schedule to be 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 [of the Master Bond Resolution]), and to pay expenses incidental thereto and to the issuance of the proposed Additional Bonds. Attachment number 1 \nPage 8 of 40 Item # 34 6 (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; and WHEREAS, as required by the Master Bond Resolution, prior to the issuance of the Series 2013 Bonds, the conditions set forth in paragraph (a) above shall be met, and the Independent Certified Public Accountant shall execute the certificate referred to in such paragraph and the other conditions to the issuance of the Series 2013 Bonds, including in paragraphs (b), (e) and (f) of the preceding clause, shall have been met; and WHEREAS, the Consolidated Government desires to amend Section 6.3(c) of the Master Bond Resolution to more particularly describe the purposes for which Additional Bonds may be issued, including the funding of a debt service reserve fund for the Bonds and the Prior Lien Bonds; and WHEREAS, this Parity Bond Resolution constitutes a Series Resolution under the Master Bond Resolution; and WHEREAS, to finance the overall undertaking now contemplated, the Series 2013 Bonds shall be offered for sale by competitive bid pursuant to an Official Notice of Sale and a Preliminary Official Statement (the “Preliminary Official Statement”); 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 2013 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 2013 Bonds; and NOW, THEREFORE, BE IT RESOLVED by the Augusta-Richmond County Commission, as follows: Attachment number 1 \nPage 9 of 40 Item # 34 7 ARTICLE I DEFINITIONS Section 1. Ratification and Incorporation. Except as provided in Section 2 below, all terms and provisions of Article I of the Master Bond Resolution are hereby ratified and incorporated herein. Section 2. Additional Definitions. The following terms are intended to have the meanings set forth below, unless the context shall clearly indicate another or different meaning or intent. “Authorized Denominations” means, with respect to the Series 2013 Bonds, $5,000 and any integral multiple thereof. “Bond Registrar” means, with respect to the Series 2013 Bonds, U.S. Bank National Association. “Interest Payment Date” means, with respect to the Series 2013 Bonds, each April 1 and October 1, commencing October 1, 2013. “Paying Agent” means, with respect to the Series 2013 Bonds, U.S. Bank National Association. “Record Date” shall mean the 15th day (whether or not a business day) of the calendar month next preceding an Interest Payment Date. “Series 2013 Bonds” means the revenue bonds authorized to be issued pursuant to the Master Bond Resolution and Article II of this Series Resolution. “Series 2013 Disclosure Certificate” means the continuing disclosure certificate executed in connection with the issuance of the Series 2013 Bonds. Attachment number 1 \nPage 10 of 40 Item # 34 8 ARTICLE II AUTHORIZATION, FORM AND REGISTRATION OF SERIES 2013 BONDS Section 1. Authorization. Under the authority of the Revenue Bond Law, there is hereby authorized to be issued revenue bonds to be designated “Augusta, Georgia Water and Sewerage Taxable Revenue Bonds (Second Resolution), Series 2013” in an aggregate principal amount up to $22,300,000 for the purpose of (a) funding a portion of the reserve requirement for the Prior Lien Bonds, (b) funding a debt service reserve account for the Series 2013 Bonds and (c) paying the costs of issuance of the Series 2013 Bonds. The Series 2013 Bonds shall be payable solely from the Net Revenues of the System. Section 2. Terms of Series 2013 Bonds. The Series 2013 Bonds shall be dated their date of original issue, shall be in the form of fully registered bonds without coupons numbered R-1 upward, shall be in Authorized Denominations, bear interest at the rates per annum to be specified in a Supplemental Resolution to be adopted by the Consolidated Government (but which shall not in any event exceed a maximum per annum rate of interest of 6%), payable initially on October 1, 2013, and semiannually thereafter on each October 1 and April 1 of each year and shall mature no later than October 1, 2033. The maximum debt service on the Series 2013 Bonds due in any Bond Year (October 2 of a calendar year through October 1 of the next succeeding calendar year) shall not exceed $ 2,000,000). The maturity amounts and other provisions relating to the Series 2013 Bonds shall be set forth in a Supplemental Resolution. The Series 2013 Bonds shall bear interest (based on a 360-day year comprised of twelve 30-day months) from the Interest Payment Date next preceding their date of authentication to which interest has been paid, unless their date of authentication is an Interest Payment Date to which interest on such Series 2013 Bond has been paid in full or duly provided for, in which case from such Interest Payment Date, or unless their date of authentication is before the first Interest Payment Date, in which case from their date of issuance. When the Series 2013 Bonds are held in Book-Entry Form, the principal of and interest on the Series 2013 Bonds shall be payable in accordance with the rules of the Securities Depository as provided in Section 8. In the event that the Series 2013 Bonds are no longer held in Book-Entry Form, the principal amount of the Series 2013 Bonds shall be payable at maturity (unless redeemed prior thereto as hereinafter provided) upon presentation and surrender thereof at the principal corporate trust office of the Paying Agent. In the event that the Series 2013 Bonds are no longer held in Book-Entry Form, payments of interest on the Series 2013 Bonds shall be made by check or draft payable 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, and such payments of interest shall be 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 Bond Registrar prior to such Record Date, notwithstanding the cancellation of such Series 2013 Bonds upon any exchange or transfer thereof subsequent to the Record Date Attachment number 1 \nPage 11 of 40 Item # 34 9 and prior to such Interest Payment Date. Notwithstanding the foregoing, interest on the Series 2013 Bonds shall be paid to any registered owner of more than $1,000,000 in aggregate principal amount of the Series 2013 Bonds by wire transfer to such registered owner to an account maintained at a commercial bank located with the United States of America if written instructions are given to the Paying Agent prior to the Record Date, and interest shall continue to be so paid until such wire instructions are revoked in writing. Both the principal of and interest on the Series 2013 Bonds shall be payable in lawful money of the United States of America. Section 3. Execution; Form of Series 2013 Bonds. The Series 2013 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 Series 2013 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 Series 2013 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 Series 2013 Bonds shall cease to be such officer before delivery of the Series 2013 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 2013 Bonds, the certificate of authentication and registration, form of assignment and the certificate of validation to be endorsed upon the Series 2013 Bonds, shall be in substantially the form set forth below, with such variations, omissions and insertions as are required or permitted by this Parity Bond Resolution. Prior to the preparation of definitive Series 2013 Bonds, the Consolidated Government may issue interim receipts, interim certificates, or temporary Series 2013 Bonds, exchangeable in any case for definitive Series 2013 Bonds upon the issuance of definitive Series 2013 Bonds. Attachment number 1 \nPage 12 of 40 Item # 34 10 Unless this Bond is presented by an authorized representative of The Depository Trust Company (“DTC”), a New 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), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. UNITED STATES OF AMERICA STATE OF GEORGIA AUGUSTA, GEORGIA WATER AND SEWERAGE TAXABLE REVENUE BOND (SECOND RESOLUTION), SERIES 2013 Number R- _________ $_______________ Maturity Date Interest Rate Dated CUSIP ________, 2013 Registered Owner: Cede & Co. Principal Amount: KNOW ALL MEN BY THESE PRESENTS that AUGUSTA, GEORGIA (the “Consolidated Government”), a political subdivision of the State of Georgia, existing as such under and by virtue of the Constitution, statutes and laws of the State of Georgia, for value received, hereby promises to pay (but only out of the sources provided) to the registered owner identified above, or registered assigns, 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 April 1, 2014, 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. Attachment number 1 \nPage 13 of 40 Item # 34 11 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 Taxable Revenue Bonds (Second Resolution), Series 2013” (the “Series 2013 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 2013 Bonds have been authorized by a Master Bond Resolution duly adopted by the Augusta-Richmond County Commission on October 16, 2012, as supplemented by a Parity Bond Resolution adopted on June __, 2013, as supplemented on July __, 2013 (the “Bond Resolution”), for the purpose of financing the costs of (a) funding a portion of the reserve requirement for the Prior Lien Bonds (hereafter defined), (b) funding a debt service reserve account for the Series 2013 Bonds and (c) paying the costs of issuance of the Series 2013 Bonds. The Series 2013 Bonds maturing on or after October 1, 2024, may be redeemed prior to their respective maturities at the option of the Consolidated Government on or after October 1, 2023, in whole or in part at any time, at the redemption price equal to the principal amount of the Series 2013 Bonds to be redeemed plus accrued interest to the redemption date. The Consolidated Government has established a book-entry system of registration for the Series 2013 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 2013 Bonds are in the book-entry system of registration, the Bond Resolution provides special provisions relating to the Series 2013 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 Attachment number 1 \nPage 14 of 40 Item # 34 12 manner, subject to the limitations, and upon payment of the charges provided in the Bond Resolution and upon surrender of this Bond. Upon such transfer, a new 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 2013 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 2013 Bond after notice calling such Series 2013 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. 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 have been paid in full; (iv) $149,400,000 original aggregate principal amount of Augusta, Georgia Water and Sewerage Revenue Bonds, Series 2002 (the “Series 2002 Bonds”), which have been paid in full; (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 $167,520,000 (the Series 2004 Bonds and the Series 2007 Bonds that will be outstanding upon the issuance and delivery of the Series 2013 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 System created by the Prior Lien Resolution on a parity with the Prior Lien Bonds. Pursuant to the Bond Resolution, the Consolidated Government has heretofore authorized, issued and delivered $138,830,000 original aggregate principal amount of August, Georgia Water and Sewerage Revenue Refunding and Improvement Bonds (Second Resolution), Series 2012, currently outstanding in the aggregate principal amount of $138,830,000 (the “Series 2012 Bonds”). The Series 2012 Bonds, the Series 2013 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 Attachment number 1 \nPage 15 of 40 Item # 34 13 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. So long as the Prior Lien Bonds remain outstanding, the Series 2012 Bonds, the Series 2013 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 2013 Bonds and 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 Attachment number 1 \nPage 16 of 40 Item # 34 14 General Fund (as defined in the Bond Resolution), which in the judgment of the Consolidated Government is adequate to meet the costs of major renewals, replacements, repairs, additions, betterments, and improvements to the System, necessary to keep the same in good operating condition or as is required by any governmental agency having jurisdiction over the System, and (d) remedy all deficiencies in required payments into any of the funds and accounts mentioned in the Bond Resolution from prior Fiscal Years. The Bond Resolution contains a more particular statement of the covenants and provisions securing the Series 2013 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 17 of 40 Item # 34 15 IN WITNESS WHEREOF, the Consolidated Government has caused this Bond to be executed by the manual signature of its Mayor and has caused the official seal of the Consolidated Government to be impressed on this Bond and attested by the manual signature of its Clerk. (SEAL) AUGUSTA, GEORGIA By: Mayor Attest: Clerk Attachment number 1 \nPage 18 of 40 Item # 34 16 BOND REGISTRAR’S CERTIFICATE OF AUTHENTICATION This Bond is one of the bonds of the series described in the within mentioned Bond Resolution. U.S. BANK NATIONAL ASSOCIATION, as Bond Registrar By: Authorized Signatory Date of Registration and Authentication: _____________________, ______ Attachment number 1 \nPage 19 of 40 Item # 34 17 VALIDATION CERTIFICATE STATE OF GEORGIA ) ) RICHMOND COUNTY ) 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 July, 2013, that no intervention or objection was filed opposing the validation of this Bond and the security therefor, and that no appeal of such judgment of validation has been taken. IN WITNESS WHEREOF, I have hereunto set my hand and have impressed hereon the official seal of the Superior Court of Richmond County, Georgia. (SEAL) Clerk, Superior Court of Richmond County, Georgia Attachment number 1 \nPage 20 of 40 Item # 34 18 The following abbreviations, when used in the inscription on this Bond or in the assignment below, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common and not as community property UNIF TRANS MIN ACT - ______________________ Custodian ______________________ (Custodian) (Minor) under Uniform Transfers to Minors Act _____________________ (State) Additional abbreviations may be used although not in the above list. [FORM OF ASSIGNMENT] ASSIGNMENT AND TRANSFER FOR VALUE RECEIVED, the undersigned sells, assigns, and transfers unto (Name and Address of Assignee) (Insert Social Security or Taxpayer Identification Number of Assignee) the within revenue bond of 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. (END OF BOND FORM) Attachment number 1 \nPage 21 of 40 Item # 34 19 Section 4. Required Authentication; Proof of Ownership. Only those Series 2013 Bonds which shall have endorsed thereon a certificate of authentication and registration substantially in the form hereinbefore set forth, duly executed by the manual signature of an authorized officer of the Bond Registrar shall be entitled to any benefit or security under this resolution. Such certificate of the Bond Registrar upon any of Series 2013 Bonds when duly executed shall be conclusive evidence that such Series 2013 Bonds have 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 Series 2013 Bonds that may be issued hereunder at any one time. The person in whose name any Series 2013 Bond shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes and the payment of the principal of and interest on the Series 2013 Bonds shall be made only to or upon the order of the registered owner thereof. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Series 2013 Bonds, including redemption premium, if any, and the interest thereon to the extent of the sums so paid. Section 5. Bond Registrar; Transfer and Exchange. The Bond Registrar shall keep the Bond Register of the Consolidated Government for the registration of the Series 2013 Bonds and for the registration of transfers of the Series 2013 Bonds as herein provided. The transfer of any Series 2013 Bond shall be registered upon the Bond Register upon the surrender and presentation of the Series 2013 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 Series 2013 Bond or Series 2013 Bonds so surrendered, a new Series 2013 Bond or Series 2013 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 Series 2013 Bonds so surrendered and of the same maturity, interest rate, series and tenor, and bearing numbers not then outstanding. Any Series 2013 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 Series 2013 Bonds of the same series, interest rate, maturity and equal to the principal amount of the Series 2013 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 Series 2013 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 Series 2013 Bonds under the Bond Resolution. The Bond Registrar shall not be required to transfer or exchange any Series 2013 Bond after notice calling such Series 2013 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 Attachment number 1 \nPage 22 of 40 Item # 34 20 of giving such notice of redemption and including such 15th day) immediately preceding the giving of such notice of redemption. All Series 2013 Bonds surrendered for exchange or transfer of registration shall be canceled and destroyed by the Bond Registrar in accordance with Section 9. Notwithstanding the foregoing, registrations of transfers and exchanges shall be made in accordance with the Book-Entry System as long as the Series 2013 Bonds are held in Book-Entry Form. Section 6. Lost, Destroyed, Mutilated Series 2013 Bonds. If any Series 2013 Bond is mutilated, lost, stolen, or destroyed, the Consolidated Government may execute and deliver a new Series 2013 Bond of the same series, maturity, interest rate, aggregate principal amount, and tenor in lieu of and in substitution for the Series 2013 Bond mutilated, lost, stolen, or destroyed. In the case of any mutilated Series 2013 Bond, however, such mutilated Series 2013 Bond shall first be surrendered to the Bond Registrar, and, in the case of any lost, stolen, or destroyed Series 2013 Bond, there shall first be furnished to the Bond Registrar evidence satisfactory to it of the ownership of such Series 2013 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 Series 2013 Bond shall have matured or a redemption date pertaining to the Series 2013 Bond shall have passed, instead of issuing a new Series 2013 Bond the Consolidated Government may pay or cause the Paying Agent to pay the Series 2013 Bond. The Consolidated Government, the Bond Registrar, and the Paying Agent may charge the owner of such Series 2013 Bond with their reasonable fees and expenses for replacing mutilated, lost, stolen, or destroyed Series 2013 Bonds. In executing a new Series 2013 Bond and in furnishing the Bond Registrar with the written authorization to deliver a new Series 2013 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 Series 2013 Bond. Section 7. Blank Bonds. The Consolidated Government shall make all necessary and proper provisions for the transfer and exchange of the Series 2013 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 Series 2013 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 Series 2013 Bonds at the earliest practicable time in accordance with the provisions of this resolution. All Series 2013 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 Series 2013 Bonds maintained by the Bond Registrar. Attachment number 1 \nPage 23 of 40 Item # 34 21 Section 8. Global Form; Securities Depository; Ownership of Series 2013 Bonds. (a) Upon the initial issuance, the ownership of each Series 2013 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 2013 Bonds shall be registered in the name of Cede & Co., as the nominee of The Depository Trust Company. Beneficial Owners will not receive Series 2013 Bonds from the Paying Agent evidencing their ownership interests. Except as provided in subsection (c) of this Section 8, the Series 2013 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 2013 Bonds registered in the name of the Securities Depository or the Securities Depository Nominee, the Consolidated Government, the Paying 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 2013 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 2013 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 2013 Bonds. So long as any Series 2013 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 2013 Bonds for all purposes whatsoever, including without limitation: (i) the payment of principal, premium, if any, and interest on such series of Series 2013 Bonds; (ii) giving notices of redemption and other matters with respect to such Series 2013 Bonds; (iii) registering transfers with respect to such Series 2013 Bonds; Attachment number 1 \nPage 24 of 40 Item # 34 22 (iv) the selection of Series 2013 Bonds for redemption; and (v) voting and obtaining consents under the Bond Resolution. So long as any Series 2013 Bonds are registered in Book-Entry Form, the Paying Agent shall pay all principal, premium, if any, and interest on the Series 2013 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 2013 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 2013 Bonds, or (iii) the Securities Depository 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 8 shall no longer be applicable and the Consolidated Government shall execute and the Bond Registrar shall authenticate and deliver bonds representing the Series 2013 Bonds to the owners of the Series 2013 Bonds. Series 2013 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 2013 Bonds to the persons in whose names such Series 2013 Bonds are so registered on the business day immediately preceding the date of such exchange. Section 9. Cancellation and Destruction of Series 2013 Bonds. If a Series 2013 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 Series 2013 Bond shall thereupon be cancelled and shall not be reissued. All Series 2013 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. Attachment number 1 \nPage 25 of 40 Item # 34 23 ARTICLE III REDEMPTION OF SERIES 2013 BONDS BEFORE MATURITY Section 1. Optional Redemption. The Series 2013 Bonds maturing on or after October 1, 2024, may be redeemed prior to their respective maturities at the option of the Consolidated Government on or after October 1, 2023, in whole or in part at any time, at the redemption price equal to the principal amount of the Series 2013 Bonds to be redeemed plus accrued interest to the redemption date. Section 2. Ratification and Incorporation by Reference. All terms and provisions of Sections 3.3, 3.4, 3.5, 3.6 and 3.7 of the Master Bond Resolution are hereby ratified and incorporated herein. Attachment number 1 \nPage 26 of 40 Item # 34 24 ARTICLE IV CUSTODY AND APPLICATION OF PROCEEDS Section 1. Ratification and Incorporation. Except as provided in Section 2 below, all terms and provisions of Article IV of the Master Bond Resolution are hereby ratified and incorporated herein. Section 2. Application of Series 2013 Bond Proceeds; Creation of 2013 Expense Account. (a) The Consolidated Government shall apply the net proceeds (i.e., the sale proceeds less the purchaser’s discount) from the sale of the Series 2013 Bonds shall be applied as follows: (1) an amount needed to fund the Prior Lien Reserve Account to the Reserve Requirement (as defined in the Prior Lien Resolution) shall be deposited to the Prior Lien Reserve Account, which is held within Sinking Fund No. 1 under the Prior Lien Resolution. Such amount to be deposited shall not take into account the Prior Lien Reserve Cash Deposits, which will be returned to the Revenue Fund of the System after the issuance of the Series 2013 Bonds. (2) an amount needed to fund the Debt Service Reserve Requirement under the Bond Resolution relating to the Series 2013 Bonds shall be deposited in the Debt Service Reserve Account held within the Sinking Fund. (3) the remainder of the proceeds derived from the sale of the Series 2013 Bonds shall be deposited in the 2013 Expense Account and used to pay the costs of issuance for the Series 2013 Bonds. (b) There shall be created a separate account designated as the “2013 Expense Account” (the “Expense Account”) to be held by U.S. Bank National Association, Atlanta, Georgia. All payments from the Expense Account shall be applied at the written direction of an authorized officer or representative of the Consolidated Government to the payment of costs and expenses incurred by the Consolidated Government in connection with the issuance and delivery of the Series 2013 Bonds. Moneys remaining in the Expense Account after the earlier of (i) the payment of all costs and expenses in connection with the Series 2013 Bonds or (ii) the date 30 days after the date of issuance and delivery of the Series 2013 Bonds shall be transferred upon direction of the Consolidated Government to the Interest Account of the Sinking Fund. (c) Notwithstanding the foregoing, if the Mayor of the Consolidated Government shall determine that a different application of funds is required to carry out the intent of this Parity Bond Resolution, the different application of funds may be provided for in a Supplemental Resolution or 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 2013 Bonds. Attachment number 1 \nPage 27 of 40 Item # 34 25 ARTICLE V PLEDGED REVENUES AND FLOW OF FUNDS Section 1. Ratification and Incorporation. All terms and provisions of Article V of the Master Bond Resolution are hereby ratified and incorporated herein. Section 2. Pledge of Revenues The Series 2013 Bonds shall stand on a parity and be of equal dignity with the Series 2012 Bonds and shall be secured by the lien on the Pledged Revenues created pursuant to the provisions of the Master Bond Resolution, as the same is ratified, reaffirmed, broadened and extended by this Parity Bond Resolution, just as if the Series 2012 Bonds and the Series 2013 Bonds had been issued simultaneously under the same resolution. Attachment number 1 \nPage 28 of 40 Item # 34 26 ARTICLE VI ADDITIONAL BONDS AND SUBORDINATE BONDS Section 1. Ratification and Incorporation. Except as provided in Section 2, all terms and provisions of Article VI of the Master Bond Resolution are hereby ratified and incorporated herein. Section 2. Amendment of Provisions Relating to Additional Bonds. (a) Section 6.3(c) of the Master Bond Resolution is hereby deleted in its entirety and the following is substituted in lieu thereof (the amended language reflected in bold): (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 outstanding Bonds satisfy the requirements of Section 6.2), to fund debt service reserve funds for Bonds and Prior Lien Bonds and to pay expenses incidental thereto and to the issuance of the proposed Additional Bonds. Attachment number 1 \nPage 29 of 40 Item # 34 27 ARTICLE VII DEPOSITORIES OF MONEYS AND SECURITIES FOR DEPOSITS Section 1. Ratification and Incorporation. All terms and provisions of Article VII of the Master Bond Resolution are hereby ratified and incorporated herein. Attachment number 1 \nPage 30 of 40 Item # 34 28 ARTICLE VIII GENERAL PROVISIONS Section 1. Ratification and Incorporation. All terms and provisions of Article VIII of the Master Bond Resolution are hereby ratified and incorporated herein. Section 2. Continuing Disclosure for Series 2013 Bonds. The Consolidated Government hereby covenants and agrees that it shall comply with and carry out all of the provisions of the Series 2013 Disclosure Certificate. Notwithstanding any other provision of the Bond Resolution, failure of the Consolidated Government to comply with the Series 2013 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 2013 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 2. Attachment number 1 \nPage 31 of 40 Item # 34 29 ARTICLE IX EVENTS OF DEFAULT; REMEDIES Section 1. Ratification and Incorporation. All terms and provisions of Article IX of the Master Bond Resolution are hereby ratified and incorporated herein. Attachment number 1 \nPage 32 of 40 Item # 34 30 ARTICLE X BOND OWNERSHIP Section 1. Ratification and Incorporation. All terms and provisions of Article X of the Master Bond Resolution are hereby ratified and incorporated herein. Attachment number 1 \nPage 33 of 40 Item # 34 31 ARTICLE XI DEFEASANCE Section 1. Ratification and Incorporation. All terms and provisions of Article XI of the Master Bond Resolution are hereby ratified and incorporated herein. Attachment number 1 \nPage 34 of 40 Item # 34 32 ARTICLE XII SUPPLEMENTAL RESOLUTIONS Section 1. Ratification and Incorporation. All terms and provisions of Article XII of the Master Bond Resolution are hereby ratified and incorporated herein. Attachment number 1 \nPage 35 of 40 Item # 34 33 ARTICLE XIII MISCELLANEOUS PROVISIONS Section 1. Severability. In case any one or more of the provisions of this Parity Bond Resolution, or the Series 2013 Bonds issued hereunder, shall for any reason be held illegal or invalid, such illegality or invalidity shall not affect any other provision of this Parity Bond Resolution or the Series 2013 Bonds, but this Parity Bond Resolution and the Series 2013 Bonds shall be construed and enforced as if such illegal or invalid provisions had not been contained therein. Section 2. General Ratification. (a) The provisions of the Master Bond Resolution and every appropriate sentence thereof shall be construed as including and as being applicable to the Series 2013 Bonds, and the Series 2013 Bonds shall be treated for all intents and purposes, unless otherwise specifically stated, just as if they had been issued together with the Series 2012 Bonds and pursuant to the terms of the Master Bond Resolution. (b) The Consolidated Government hereby reaffirms all of the applicable covenants, agreements and provisions of the Master Bond Resolution for the equal protection and benefit of all bondholders, unless otherwise specifically stated herein. Section 3. Validation. The Series 2013 Bonds herein authorized shall be validated in the manner provided by law, and to that end notice of the adoption of this Parity Bond Resolution and a copy thereof shall be served upon the District Attorney of the Augusta Judicial Circuit, in order that proceedings for the above purpose be instituted in the Superior Court of Richmond County. Section 4. Repealer. Except for the Prior Lien Resolution and the Master Bond Resolution (except to the extent amended by this Parity Bond Resolution), any and all resolutions or parts of resolutions in conflict with this Parity Bond Resolution this day adopted be and the same are hereby repealed, and this Parity Bond Resolution shall be in full force and effect from and after its adoption. Section 5. Preliminary Official Statement; Official Statement; and Deemed Final Certificate. The Series 2013 Bonds are hereby authorized to be sold pursuant to competitive sale and there is hereby authorized a Notice of Sale and a Preliminary Official Statement to be prepared and distributed to all securities dealers deemed to have an interest in purchasing all, but not a part, of the Series 2013 Bonds. Once the bids are received for the sale of the Series 2013 Attachment number 1 \nPage 36 of 40 Item # 34 34 Bonds pursuant to the Notice of Sale, the Mayor is authorized to accept the bid with the lowest total interest cost and the Consolidated Government will adopt a Supplemental Resolution ratifying the acceptance of the winning bid for the Series 2013 Bonds and setting forth the final interest rates on, maturities, redemption provisions and principal amount of the Series 2013 Bonds, which interest rates and principal amounts shall be within the parameters set forth in this Parity Bond Resolution. The Consolidated Government hereby authorizes the Mayor or the Mayor Pro Tem to deem the Preliminary Official Statement final, except for “Permitted Omissions,” as of its date for purposes of Rule 15c2-12 promulgated under the Securities Exchange of 1934, as amended (the “Rule”). As used herein, “Permitted Omissions” shall mean the offering price(s), interest rate(s), selling compensation, aggregate principal amount, principal amount per maturity, delivery dates, ratings, the identity of the underwriter or bond insurer and other terms of the Series 2013 Bonds and any underlying obligations depending on such matters, all with respect to the Series 2013 Bonds and any underlying obligations. The execution and delivery of the “deemed final certificate” required by the Rule are hereby authorized and approved. The execution of the “deemed final certificate” by the Mayor or Mayor Pro Tem as hereby authorized shall be conclusive evidence of the approval of any changes to the Preliminary Official Statement. In addition, the Supplemental Resolution will provide for the preparation and distribution of a final Official Statement. Section 6. General Authority. From and after the date of adoption of this Parity 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 2013 Disclosure Certificate), and instruments as may be necessary or desirable in connection with the execution, delivery, and sale of the Series 2013 Bonds, the investment of the proceeds of the Series 2013 Bonds, and the transactions contemplated on the part of the Consolidated Government by the Parity Bond Resolution. The Mayor and Clerk of the Commission are hereby authorized and directed to prepare and furnish to the purchasers of the Series 2013 Bonds, when the Series 2013 Bonds are issued, certified copies of all proceedings and records of the Consolidated Government relating to the Series 2013 Bonds or to this Parity 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 2013 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 7. Appointment of Paying Agent, Bond Registrar and 2013 Expense Account Custodian. U.S. Bank National Association, a national banking association, is hereby designated as the Paying Agent, Bond Registrar and 2013 Expense Account Custodian with respect to the Series 2013 Bonds. Attachment number 1 \nPage 37 of 40 Item # 34 35 Section 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 38 of 40 Item # 34 36 Adopted and approved this ______ day of June, 2013. AUGUSTA-RICHMOND COUNTY COMMISSION (SEAL) By: Mayor Attest: Clerk Attachment number 1 \nPage 39 of 40 Item # 34 37 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 June __, 2013, at which a quorum was present and acting throughout, authorizing the issuance up to $______________ Augusta, Georgia Water and Sewerage Taxable Revenue Bonds (Second Resolution), Series 2013, 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 June __, 2013. Clerk (SEAL) Attachment number 1 \nPage 40 of 40 Item # 34 Commission Meeting Agenda 6/18/2013 5:00 PM Request for approval to designate McBean Enterprise Zone Department:Planning and Development Caption:Motion to approve the designation of “McBean Enterprise Zone”. (Approved by Finance Committee June 10, 2013) Background:Georgia law provides for local governments to offer several types of economic development incentives, among them are Enterprise Zones (EZ), Opportunity Zones (OZ), and Tax Allocation Districts (TAD). In order to make the Augusta Corporate Park more competitive the Augusta Development Authority has proposed designating that property as an EZ and an OZ. They contracted with the CSRA Regional Development Commission to find a way to make the designation conform to the standards in the law. The RDC was able to do that by incorporating the Corporate Park into a larger area that includes the properties along Mike Padgett Highway south of the Park to the county line. In order for an area to be designated as an Opportunity Zone (OZ) it first has to be designated as an Enterprise Zone (EZ). The purpose of this agenda item is to designate the area as an EZ. Approval would abate property taxes for employers who create 5 or more jobs for up to 10 years; 100% for the first 5 years and then 80%, 60%, 40%, 20% and 10%. Data provided by the RDC indicates that the area is eligible for designation. Analysis:The action would encourage economic development by abating property taxes on investments that probably wouldn’t happen otherwise. Financial Impact:Potentially significant as a positive if successful in attracting investment that would not otherwise occur. Alternatives:Approve or deny Recommendation:Approve Funds are Available Cover Memo Item # 35 in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 35 Attachment number 1 \nPage 1 of 6 Item # 35 Attachment number 1 \nPage 2 of 6 Item # 35 Attachment number 1 \nPage 3 of 6 Item # 35 Attachment number 1 \nPage 4 of 6 Item # 35 Attachment number 1 \nPage 5 of 6 Item # 35 Attachment number 1 \nPage 6 of 6 Item # 35 Attachment number 2 \nPage 1 of 28 Item # 35 Attachment number 2 \nPage 2 of 28 Item # 35 Attachment number 2 \nPage 3 of 28 Item # 35 Attachment number 2 \nPage 4 of 28 Item # 35 Attachment number 2 \nPage 5 of 28 Item # 35 Attachment number 2 \nPage 6 of 28 Item # 35 Attachment number 2 \nPage 7 of 28 Item # 35 Attachment number 2 \nPage 8 of 28 Item # 35 Attachment number 2 \nPage 9 of 28 Item # 35 Attachment number 2 \nPage 10 of 28 Item # 35 Attachment number 2 \nPage 11 of 28 Item # 35 Attachment number 2 \nPage 12 of 28 Item # 35 Attachment number 2 \nPage 13 of 28 Item # 35 Attachment number 2 \nPage 14 of 28 Item # 35 Attachment number 2 \nPage 15 of 28 Item # 35 Attachment number 2 \nPage 16 of 28 Item # 35 Attachment number 2 \nPage 17 of 28 Item # 35 Attachment number 2 \nPage 18 of 28 Item # 35 Attachment number 2 \nPage 19 of 28 Item # 35 Attachment number 2 \nPage 20 of 28 Item # 35 Attachment number 2 \nPage 21 of 28 Item # 35 Attachment number 2 \nPage 22 of 28 Item # 35 Attachment number 2 \nPage 23 of 28 Item # 35 Attachment number 2 \nPage 24 of 28 Item # 35 Attachment number 2 \nPage 25 of 28 Item # 35 Attachment number 2 \nPage 26 of 28 Item # 35 Attachment number 2 \nPage 27 of 28 Item # 35 Attachment number 2 \nPage 28 of 28 Item # 35 Attachment number 3 \nPage 1 of 14 Item # 35 Attachment number 3 \nPage 2 of 14 Item # 35 Attachment number 3 \nPage 3 of 14 Item # 35 Attachment number 3 \nPage 4 of 14 Item # 35 Attachment number 3 \nPage 5 of 14 Item # 35 Attachment number 3 \nPage 6 of 14 Item # 35 Attachment number 3 \nPage 7 of 14 Item # 35 Attachment number 3 \nPage 8 of 14 Item # 35 Attachment number 3 \nPage 9 of 14 Item # 35 Attachment number 3 \nPage 10 of 14 Item # 35 Attachment number 3 \nPage 11 of 14 Item # 35 Attachment number 3 \nPage 12 of 14 Item # 35 Attachment number 3 \nPage 13 of 14 Item # 35 Attachment number 3 \nPage 14 of 14 Item # 35 Attachment number 4 \nPage 1 of 23 Item # 35 Attachment number 4 \nPage 2 of 23 Item # 35 Attachment number 4 \nPage 3 of 23 Item # 35 Attachment number 4 \nPage 4 of 23 Item # 35 Attachment number 4 \nPage 5 of 23 Item # 35 Attachment number 4 \nPage 6 of 23 Item # 35 Attachment number 4 \nPage 7 of 23 Item # 35 Attachment number 4 \nPage 8 of 23 Item # 35 Attachment number 4 \nPage 9 of 23 Item # 35 Attachment number 4 \nPage 10 of 23 Item # 35 Attachment number 4 \nPage 11 of 23 Item # 35 Attachment number 4 \nPage 12 of 23 Item # 35 Attachment number 4 \nPage 13 of 23 Item # 35 Attachment number 4 \nPage 14 of 23 Item # 35 Attachment number 4 \nPage 15 of 23 Item # 35 Attachment number 4 \nPage 16 of 23 Item # 35 Attachment number 4 \nPage 17 of 23 Item # 35 Attachment number 4 \nPage 18 of 23 Item # 35 Attachment number 4 \nPage 19 of 23 Item # 35 Attachment number 4 \nPage 20 of 23 Item # 35 Attachment number 4 \nPage 21 of 23 Item # 35 Attachment number 4 \nPage 22 of 23 Item # 35 Attachment number 4 \nPage 23 of 23 Item # 35 ORDIACE O. _______________ A ORDIACE TO AMED THE AUGUSTA GEORGIA CODE SO A S TO AMED SECTIO 2-4 BY ADDIG A EW SUBSECTIO 23 ETITLED “MCBEA ETERPRISE ZOE”, TO PROVIDE A EFFECTIVE DATE, TO REPEAL COFLICTIG ORDIACES AD FOR OTHER PURPOSES. WHEREAS, a method has been provided by the General Assembly of the State of Georgia through the enactment of the Enterprise Zone Employment Act of 1997 as amended (O.C.G.A. § 36-88-1 et. seq.) to promote investment in areas of disinvestment, underdevelopment and economic decline; and, that said Act promotes reinvestment and rehabilitation efforts in such areas by qualifying businesses though the abatement of state, county and municipal ad valorum taxes, and other fee abatement incentives; and, WHEREAS, O.C.G.A. § 36-88-6 establishes the criteria by which an area may be designated as an enterprise zone, such criteria being listed in subsections (b), (c) , (d), (e), and (f, and quantifying conditions of “pervasive poverty”, “unemployment”, “general distress”, “underdevelopment”, an “general blight”, respectively; and, that nominated areas must meet at least three (3) of the five (5) established for qualification; and, WHEREAS, the Augusta Development Authority commissioned a study examining conditions of disinvestment, underdevelopment and economic decline in a portion of the city of Augusta located in the vicinity of the McBean community the boundary of such study area being specified and illustrated in Exhibit A as the McBean Enterprise Zone; and, WHEREAS, the McBean Opportunity Study presented to the Augusta Georgia Commission by the Augusta Development Authority and as provided in Exhibit B, confirms that the McBean Enterprise Zone meets four (4) of the five (5) criteria qualifying it for enterprise zone designation; and, WHEREAS, designation of the McBean Enterprise Zone is consistent with the goals and objectives of the city of Augusta’s comprehensive plan; OW THEREFORE, THE AUGUSTA GEORGIA COMMISSIO ordains as follows: SECTIO 1 . AUGUSTA GEORGIA CODE, Section 2-4, is amended by adding a new Section 2-4-23 which reads as follows: 2-4-23 Designation the “McBean Enterprise Zone.” The Augusta Georgia Commission hereby designates the area hereafter described as an Enterprise Zone to be known as the “McBean Enterprise Zone” to wit: BOUNDARY DESCRIPTION Beginning at a point where S.R. 56 (Mike Padgett Highway) intersects the Burke County, Georgia line, and proceeding northward roughly 4.2 miles; incorporating Attachment number 5 \nPage 1 of 2 Item # 35 parcels fronting on and flanking both sides of the highway corridor, and including parcels in close proximity to and projecting from either side of the corridor with or without frontage on Alden Drive, Amarillo Circle, Black Road, Blackberry Lane, Cemetery Drive, Clark Road, Cannon Court, Corinth Road, Hephzibah- McBean road, Horseshoe Road, McCombs Road, McKinely Lane, Mosley Road, Old Mike Padgett Highway, Piney Grove Road, Rollins Road and Union Cemetery Drive; such area being contained within 2010 Census Block Groups 109.05 (1), and 109-05 (2); and , such area consisting of roughly 3,686 acres, the meandering boundary of which is highly variable as specified and illustrated in Exhibit A. SECTIO 2 . Consistent with the applicable provisions of O.C.G.A., 36-88-1 et. seq., qualifying businesses and service enterprises within the McBean Enterprise Zone, generating the minimum investments for which they may receive access to state enterprise zone incentives, shall be exempted from state, county, and municipal ad valorum taxes in the amount not o exceed the following schedule: One hundred percent of property taxes shall be exempt for the first five (5) years; Eighty percent of property taxes shall be exempt for the next two (2) years; Sixty percent of property taxes shall be exempt for the next year; Forty percent of property taxes shall be exempt for the next year; and Twenty percent of property taxes shall be exempt for the last year. SECTIO 3. This Ordinance shall become effective on its adopting in accordance with applicable laws. SECTIO 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Adopted this _________ day of ______________, 2013. __________________________________ Davis S. Copenhaver, As its Mayor ATTEST: __________________________________ Lena Bonner, Clerk of Commission Attachment number 5 \nPage 2 of 2 Item # 35 Commission Meeting Agenda 6/18/2013 5:00 PM Approval of request for maintenance and operating agreement of 15th Street bridge mural Department:Planning and Development Caption:Motion to approve the maintenance agreement with the Georgia Department of Transportation for the installation of a mural on the Wrightsboro Rd. Side of the 15th Street Rosa T. Beard Memorial Bridge. (Approved by Engineering Services Committee June 10, 2013) Background:As part of the visioning process of the Augusta Sustainable Development Implementation Program as funded by the DOT Tiger II/ HUD Community Challenge Grant, a mural was designed through public input at multiple public meetings. The mural design and request was sent to the Georgia Department of Transportation, the Federal Department of Transportation, and the Federal Department of Housing and Urban Development. The mural design has been shown at all of the projects public meetings since its creation (8) and was approved by all. Analysis:The mural is to be executed by David, Lucy, and Jace McTier who are professional artists. They took input and design features from the community members at the public meetings and created the mural design. The paint they will be using is a special blend from Sherwin Williams that has specialized pigments that allow for much greater longevity. Also, they will apply a special coating that protects the mural from any potential graffiti by allowing the mural to be pressure washed without negatively impacting the work of art. The mural is a wonderful way to beautify the area while paying tribute to the community’s past and its hopeful future. Financial Impact:There will be no City of Augusta funds required. All mural installation costs are funded through the DOT Tiger II/ HUD Community Challenge Grant. Alternatives:Approve or deny Recommendation:Approve maintenance agreement with Georgia Department of Cover Memo Item # 36 Transportation. Funds are Available in the Following Accounts: 220-01-6313 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 36 Attachment number 1 \nPage 1 of 1 Item # 36 Rev: May 21, 2010 RIGHT OF WAY MOWIG AD MAITEACE AGREEMET By and Between THE GEORGIA DEPARTMET OF TRASPORTATIO AD APPLICAT THIS AGREEMET made and entered into this _____ day of _____________, 20____ by and between the DEPARTMET of Transportation, an agency of the State of Georgia, hereinafter alternately referred to as “DEPARTMET” or “LICESOR”, and the APPLICANT hereinafter referred to as “LICESEE”. WHEREAS, the DEPARTMET desires to enter into a public/private partnership to perform certain services relating to mowing and maintenance within DEPARTMET’S right of way, hereinafter called the “PROJECT”, and WHEREAS, the LICESEE has represented to the DEPARTMET that, if such permission is granted to the LICESEE , LICESEE shall bear all costs and liability associated with the PROJECT; and WHEREAS, the LICESEE has represented to the DEPARTMET that they are qualified and experienced to provide such services and the DEPARTMET has relied upon such representations; OW , THEREFORE, for and in consideration of the mutual promises and covenants as herein contained, it is agreed by and between the parties hereto that: Attachment number 2 \nPage 1 of 10 Item # 36 ARTICLE I SCOPE OF PROJECT The DEPARTMET shall permit the LICESEE to perform or cause to be performed, the PROJECT consisting of certain services related to maintaining an identified section of the DEPARTMET’S rights of way. This permission shall be granted by the means of this Agreement for the entire scope of the PROJECT, as set forth herein. The maintenance duties and responsibilities of the LICESEE are defined and set forth in Article XI – MAITEACE WORK PLA of this Agreement, and further enumerated and described in Exhibit ‘A’ – Application and Permit for Special Encroachment with approved drawings or final working drawings for a Department-approved construction PROJECT. Exhibit ‘A’ is attached hereto and incorporated by reference as if fully set out herein. The PROJECT location shall be defined or delineated as part of Exhibit ‘A’. The required Special Encroachment Permit and/or the construction PROJECT final working drawings are to be approved or issued by the DEPARTMET . Should the LICESEE desire that these maintenance services be performed by a third party, LICESEE and the third party shall enter into subsequent agreement, whereby the LICESEE shall assume all responsibility of repayment to the third party for those services to be rendered as set forth in Article XI - MAITEACE WORK PLA . The Agreement between LICESEE and any third parties to this Agreement, shall meet all operational and administrative requirements, including the provisions of liability insurance, set forth by the DEPARTMET , and all liability associated with the PROJECT shall be borne by LICESEE and any third parties, as set forth in Article VIII, herein. Attachment number 2 \nPage 2 of 10 Item # 36 ARTICLE II EXECUTIO OF COTRACT AD AUTHORIZATIO TIME OF PERFORMACE Time is of the essence in this agreement. The LICESEE shall execute this Agreement and return it to the DEPARTMET within thirty (30) days after receipt of contract forms from the DEPARTMET . The LICESEE shall begin work on the PROJECT under this Agreement immediately after receiving a signed and executed copy of the Agreement (unless noted otherwise in Exhibit A or upon PROJECT construction completion). Subject to the terms and conditions set forth in this Agreement, and upon execution of this Agreement, the DEPARTMET grants the right to the LICESEE to mow, edge, and maintain, as set forth in Article XI- MAITEACE WORK PLA , that specific section of right-of-way identified in this Agreement, and herein defined as the PROJECT. The duration of this Agreement shall be for fifty years from the date above first written unless terminated sooner by the DEPARTMET or LICESEE . ARTICLE III SUBSTATIAL CHAGES If, prior to the satisfactory completion of the services under this Agreement, any party materially alters the scope, character or complexity of the services from those required under the Agreement, a Supplemental Agreement shall be executed between the parties. It is understood, however, that LICESEE shall not engage in any activities or conduct any work which would be considered to be outside the scope of the permission granted to LICESEE by the DEPARTMET . Minor changes in the work which do not involve increased compensation, extensions of time or changes in the goals and objectives of the work may be made by written notification of such change by any party with written approval by the other parties. Attachment number 2 \nPage 3 of 10 Item # 36 ARTICLE IV ASSIGMET It is understood by the LICESEE that the work is considered personal and, except as provided for in Article I, LICESEE agrees not to assign, sublet or transfer any or all of their interest in this Agreement without prior written approval of the DEPARTMET . ARTICLE V COTRACT DISPUTES This Agreement shall be deemed to have been executed in __Fulton__County, Georgia, without reference to its choice of law doctrine, and all questions of interpretation and construction shall be governed by the laws of the State of Georgia. Any litigation arising out of this contract shall be commenced within the State of Georgia. The foregoing provisions shall not be construed as waiving any immunity to suit or liability, including without limitation, sovereign immunity which may be available to the Department. ARTICLE VI ISURACE Prior to beginning work, the LICESEE shall obtain and certify to the DEPARTMET that it has the following minimum amounts of insurance coverage: (a) Workmen’s Compensation Insurance in accordance with the laws of the State of Georgia. (b) Public Liability Insurance in an amount of not less than one hundred thousand dollars ($100,000) for injuries, including those resulting in death to any one person, and in an amount of not less than three hundred thousand dollars ($300,000) on an account of any one occurrence, or proof of self-insurance. (c) Property Damage Insurance in an amount of not less than fifty thousand dollars ($50,000) from damages on account of any occurrence, with an aggregate limit of one hundred thousand dollars ($100,000), or proof of self-insurance. Attachment number 2 \nPage 4 of 10 Item # 36 (d) Valuable Papers Insurance in an amount sufficient to assure the restoration of any plans, drawings, field notes, or other similar data relating to the work covered by the PROJECT. (e) Insurance shall be maintained in full force and effect during the life of the PROJECT. The LICESEE shall furnish upon request to the DEPARTMET , certificates of insurance evidencing such coverage. These certificates shall also provide that the insurance will not be modified or canceled without a 30 day prior written notice to the DEPARTMET . Failure by the LICESEE to procure and maintain the insurance as set forth above shall be considered a default and cause for termination of this Agreement and forfeiture of the Performance and Payment Bonds. The LICESEE shall, at least fifteen (15) days prior to the expiration date or dates of expiring policies, deposit certified copies of renewal, or new policies, or other acceptable evidence of insurance with the DEPARTMET . ARTICLE VII COMPESATIO It is agreed that LICESEE shall conduct all work at no cost to the DEPARTMET , and without compensation from the DEPARTMET . It is further agreed that any and all issues relating to compensation and payment shall be resolved by and between LICESEE and any successors, subcontractors, or assigns thereto. The DEPARTMET and LICESEE further agree that, should the DEPARTMET be required to conduct any inspections and/or supervision of the PROJECT beyond that which would normally occur in the ordinary course of the DEPARTMET’S maintenance activities, LICESEE shall reimburse the DEPARTMET for such inspection and supervision. The rate of reimbursement for the DEPARTMET’S inspection and supervision shall in no case exceed a rate determined to be reasonable by the parties. Should LICESEE and the DEPARTMET desire to change this agreement at a later date to provide for compensation to LICESEE , or any successors or assigns thereto, such change shall only be permitted by a supplemental agreement as set forth in Article III herein. Any supplemental agreements involving compensation shall be subject to the DEPARTMET review and approval. Attachment number 2 \nPage 5 of 10 Item # 36 ARTICLE VIII RESPOSIBILITY FOR CLAIMS AD LIABILITY LICESEE OT AGET OF DEPARTMET LICESEE , and all successors and assigns thereto, shall save harmless the DEPARTMET , its officers, agents, and employees from all suits, claims, actions or damages of any nature whatsoever resulting from the performance of work assigned to LICESEE under this Agreement. LICESEE further agrees that they shall be fully responsible for injury or damage to landscaping, landscape related items, and any other non-standard and decorative elements installed by or for the LICESEE within the right of way, and for any damage to the DEPARTMET’S signs, structures, or roadway fixtures, if LICESEE causes the damage. These indemnities shall not be limited by reason of the listing of any insurance coverage. It is further understood and agreed that LICESEE , or any successor or assigns thereto, in the conduct of any work involved in the PROJECT, shall not be considered the agent of the DEPARTMET or of the State of Georgia. ARTICLE IX TERMIATIO OF COTRACT The DEPARTMET may terminate this contract for just cause at any time by giving of thirty (30) days written notice of such termination. Upon receipt of such notice of termination, LICESEE shall discontinue and cause all work under this contract to terminate upon the date specified in the said notice. In the event of such termination, the DEPARTMET shall be paid for any amounts as may be due it as specified in Article VII up to and including the specified date of termination. LICESEE shall have the right to terminate this contract at any time, provided that such termination is first approved by the DEPARTMET , and that the DEPARTMET is reimbursed in full for all services rendered pursuant to Article VII. The DEPARTMET and LICESEE further agree that, should the DEPARTMET allow the LICESEE to terminate the agreement, the termination, unless determined otherwise in writing by the DEPARTMET , shall be contingent upon the following: Attachment number 2 \nPage 6 of 10 Item # 36 A. The LICESEE, at the discretion of the DEPARTMET , removing the planted landscaping, landscape related items, and any other non-standard and decorative elements that were installed by or for the LICESEE at no cost to the DEPARTMET . B. The LICESEE restoring the removed landscape areas to their original condition or a condition that meets federal standards and is acceptable to the DEPARTMET . C. The LICESEE restoring the removed non-standard and decorative elements with standard DEPARTMET elements that meet federal and state requirements. D. The LICESEE reimbursing the DEPARTMET in full any state and/or federal funds used to purchase and install the landscaping, landscape related items, and other non- standard and decorative elements that are no longer to be maintained by the LICESEE . The DEPARTMET and the LICESEE agree that, should the LICESEE fail to perform the maintenance, as set forth in Article XI - MAITEACE WORK PLA , the DEPARTMET may require the LICESEE to remove, restore, and reimburse according to items “A”, “B”, “C”, and “D” above, as applicable, and then terminate the agreement. ARTICLE X COMPLIACE WITH APPLICABLE LAW The undersigned certify that: A. This Agreement is subject to applicable state and federal laws, standards, and rules and regulations. B. The provisions of Sections 45-10-20 through 45-10-28 of the Official Code of Georgia Annotated relating to Conflict of Interest and State Employees and Officials Trading with the State have been complied with in full. C. The provisions of Section 50-24-1 through 50-24-6 of the Official Code of Georgia Annotated, relating to the “Drug-Free Workplace Act” have been complied with in full. Attachment number 2 \nPage 7 of 10 Item # 36 ARTICLE XI EXHIBIT A: MAITEACE WORK PLA/LADSCAPE MAITEACE AGREEMET For all maintenance activities, at a minimum, abide by the Federal Manual of Uniform Traffic Control Devices (MUTCD) standards, current edition, for temporary traffic control. Move equipment or materials on or across a traveled way in a manner as not to unduly interfere with traffic. Installed Non-standard Fencing/Site Furnishings/Murals/Signs/Walls · Repair and/or replace damaged components. · Replace or install a temporary construction work fence immediately if the damage involves a safety issue. · LICENSEE is responsible for all maintenance of non-standard fencing/site furnishings/murals/signs · Artwork on the mural cannot be copyrighted NOTE: All major maintenance repair activities and activities that may interfere with traffic or pedestrian flow within the right of way project limits, such as travel lane/walkway closures, require the LICENSEE notify the Department at least 48 hours prior to the activity to coordinate and gain Department approval. Attachment number 2 \nPage 8 of 10 Item # 36 The covenants herein contained shall, except as otherwise provided, accrue to the benefit of and be binding upon the successors and assigns of the parties hereto. IN WITNESS WHEREOF, said parties have hereunto set their hand and affixed their seals the day and year above first written. GEORGIA DEPARTMET OF TRASPORTATIO ______________________________________ Commissioner or designee ATTEST: ______________________________________ Angela M. Whitworth Treasurer LICESEE: _______________________________________ (Title) Sworn to before me this _______day of _________________, 20____. ________________________________________ NOTARY PUBLIC My commission expires _____________, ______. Attachment number 2 \nPage 9 of 10 Item # 36 EXHIBIT ‘A’ (Attach the Application and Permit for Special Encroachment with approved drawings or the final working drawings for a Department-approved construction) Attachment number 2 \nPage 10 of 10 Item # 36 Commission Meeting Agenda 6/18/2013 5:00 PM Marvin Griffin Road Improvements Project SA #4, and Change #6 Department:Abie Ladson, PE Director Caption:Motion to approve CPB #323-041110-296823603, Supplemental Agreement Number Four, and Change Number Six with Hussey, Gay, Bell and DeYoung, Inc. in the amount of $41,000.00 to survey, design and construct a 16 inch water main for the Marvin Griffin Road Improvements Project, as requested by the Engineering Department (AED) & the Utilities Department (AUD). Funds are available in the Augusta Utilities Project account.(Approved by Engineering Services Committee June 10, 2013) Background:The Marvin Griffin Road Improvements Project is an approved project and is under Phase I construction (utility relocations). AUD made an assessment and determined an existing 14 inch water main within the project limits, needs replacing. The attached supplemental cost proposal for additional design work was submitted by Hussey, Gay, Bell, and De Young, the Design Engineering Firm of record. Analysis:Services covered under this supplemental agreement are needed to complete the water main design. A timely completion of this design is critical to maintaining the proposed construction Phase II schedule. Financial Impact:Funds are available in the Augusta Utilities Account #507043410- 5212115/80900030-5212115 upon Commission approval. Alternatives:1) Approve CPB #323-041110-296823603, Supplemental Agreement Number Four, and Change Number Six with Hussey, Gay, Bell and DeYoung, Inc. in the amount of $41,000.00 to survey, design and construct a 16 inch water main for Marvin Griffin Road Improvements Project and the as requested by Engineering Department (AED) & the Utilities Department (AUD). Funds are available in the Augusta Utilities Project account. 2)Do not approve and identify an alternate plan to address identified needed improvement.Cover Memo Item # 37 Recommendation:Approve Alternative Number One Funds are Available in the Following Accounts: 507043410-5212115/80900030-5212115 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 37 Augusta-Richmond County, Georgia BE IT ORDAINED by the Commission-Council of Augusta-Richmond County, Georgia that the following Capital Project Budget is hereby authorized: Section 1: The project is authorized to CPB#323-041110-296823603. This project is for Supplemental Agreement Number Four for Hussey, Gay, Bell & DeYoung, Inc in the amount of $41,000.00 to be funded from the Augusta Utilities. requirements of Augusta Utilities for the length of Marvin Griffin Road. Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. Special 1% Sales Tax, Phase II 2,091,400$ Special 1% Sales Tax, Phase III 1,375,600$ Augusta Utilities 36,230$ Augusta Utilities 41,000$ 3,544,230$ Section 3: The following amounts are appropriated for the project: By Basin By District Rocky, Butler & Phinzy Swamp 3,544,230$ 1st & 2nd 3,544,230$ Section 4: Copies of this Capital Project Budget shall be made available to the Comptroller for direction in carrying out this project. Adopted this ____________________ day of ______________________. Approved _________________________________________________ Original-Commission Council Office Copy-Engineering Department Copy-Finance Department Copy-Procurement Department Please do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission for execution. For information reference this request, contact Engineering at ext 5070. Thanks Honorable Deke Copenhaver, Mayor (S.R. 56 to S.R. 56 Spur) This agreement is for the design of a new 16" water main meeting the CPB#323-041110-296823603 CAPITAL PROJECT BUDGET MARVIN GRIFFIN ROAD CHANGE NUMBER SIX 1 of 2 Attachment number 1 \nPage 1 of 2 Item # 37 Augusta-Richmond County, Georgia (S.R. 56 to S.R. 56 Spur) CPB#323-041110-296823603 CAPITAL PROJECT BUDGET MARVIN GRIFFIN ROAD CHANGE NUMBER SIX CPB AMOUNT CPB NEW SOURCE OF FUNDS CPB ADDITION CPB SPECIAL 1% SALES TAX, PHASE III 323-041110-0000000-000000000 ($1,375,600) ($1,375,600) 322-041110-0000000-000000000 ($2,091,400) ($2,091,400) 507043410-5212115-80900030 ($36,230) ($41,000) ($77,230) TOTAL SOURCES: ($3,503,230) ($41,000) ($3,544,230) USE OF FUNDS ADVERTISING 323-041110-5233119-296823603 $2,000 $2,000 ENGINEERING 323-041110-5212115-296823603 $150,000 $150,000 RIGHT OF WAY 323-041110-5411120-296823603 $150,000 $150,000 RAILROAD PERMIT 323-041110-5414610-296823603 $30,000 $30,000 CONSTRUCTION 323-041110-5414110-296823603 $2,850,000 $2,850,000 AUGUSTA UTILITIES $36,230 $41,000 $77,230 507043410-5212115-80900030 OTHER FUNDING $36,230 CONTINGENCY 323-041110-6011110-296823603 $285,000 $285,000 TOTAL USES: $3,503,230 $41,000 $3,544,230 2 of 2 Attachment number 1 \nPage 2 of 2 Item # 37 (SA02 – For changes greater than $20,000) April 2005 AUGUSTA-RICHMOND COUNTY ENGINEERING DEPARTMENT SUPPLEMENTAL AGREEMENT WHEREAS, We, Hussey, Gay, Bell & DeYoung International, Inc., Consultant, entered into a contract with Augusta-Richmond County on December 18, 2001, for engineering design services associated with the Marvin Griffin Road Improvements, Project No. 323-041110-296823603, File Reference No. 05-014 (A), and WHEREAS, certain revisions to the design requested by Augusta-Richmond County are not covered by the scope of the original contract, we desire to submit the following Supplemental Agreement to-wit: Additional Engineering services needed for new 16” water main It is agreed that as a result of the above modification the contract amount is increased by $41,000.00 from $208,740.00 to a new total of $249,740.00. This agreement in no way modifies or changes the original contract of which it becomes a part, except as specifically stated herein. NOW, THEREFORE, We, Hussey, Gay, Bell & De Young International, Inc., Consultant, hereby agree to said Supplemental Agreement consisting of the above mentioned items and prices, and agree that this Supplemental Agreement is hereby made a part of the original contract to be performed under the specifications thereof, and that the original contract is in full force and effect, except insofar as it might be modified by this Supplemental Agreement. RECOMMEND FOR APPROVAL: CITY OF AUGUSTA-RICHMOND COUNTY AUGUSTA, GEORGIA Deke S. Copenhaver, Mayor Approved: Date Approved: Date [ATTACHED CORPORATE SEAL] ATTEST: ATTEST: Title: Title: Augusta Richmond County Project umber(s): 323-041110-296823603 Supplemental Agreement umber: 4 Purchase Order umber: 57943 Please do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission for execution. For information reference this request, contact Engineering at ext 5070. Thanks Attachment number 2 \nPage 1 of 1 Item # 37 Attachment number 3 \nPage 1 of 4 Item # 37 Attachment number 3 \nPage 2 of 4 Item # 37 Attachment number 3 \nPage 3 of 4 Item # 37 Attachment number 3 \nPage 4 of 4 Item # 37 Commission Meeting Agenda 6/18/2013 5:00 PM Notification of award for a construction contract to Quality Storm Water Solutions. for construction of the Fort Gordon New Water and Sewage Connections under the Task Order Program for Infrastructure RFQ #11-130 in the amount of $587,688.53. Bid item #1 Department:Augusta Utilities Department Caption:Motion to approve notification of the award of a contract with Quality Storm Water Solutions for services associated with construction of the Fort Gordon New Water and Sewage Connections under the Task Order Program for Infrastructure RFQ #11-130 in the amount of $587,688.53, Bid item #13-116. (Approved by Engineering Services Committee June 10, 2013) Background:The objective of this project is to provide water and sewage connections on Fort Gordon. This project will consist of multiple connections various sizes and installation up to 2300 LF of sewer main and 2550 LF of water main. Some connections to the existing infrastructure will be upgraded and some connections will be for new infrastructures throughout the base. Analysis:Quality Storm Water Solutions. submitted an acceptable bid package and was the lowest responsive bidder. The Utilities Department desires to inform commission of the award of this contract to construct the Fort Gordon New Water and Sewage Connections under the Task Order Program for Infrastructure RFQ #11-130 to Quality Storm Water Solutions. Financial Impact:$587,688.53, under account number 507043490-5425410 / 88886666-5425410 Alternatives:No alternatives due to the contract being awarded under the Task Order Program for Infrastructure RFQ #11-130 Recommendation:We are informing commission of the department's award of the contract with Quality Storm Water Solutions in the amount of $587,688.53 for the construction of the Fort Gordon New Water and Sewage Connections Project under the Task Order Program for Infrastructure RFQ #11-130 Cover Memo Item # 38 Funds are Available in the Following Accounts: $587,688.53 from account 507043490-5425410 / 88886666- 5425410 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 38 Invitation to Bid Sealed bids will be received at this office on Tuesday, May 7, 2013 @ 3:00 p.m. for furnishing: Bid Item 13-116 Fort Gordon New Water & Sewage Connections for Utilities Department Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30901 706-821-2422 Bid documents may be examined at the office of the Augusta, GA Procurement Department, 530 Greene Street – Room 605, Augusta, GA 30901. Plans and specifications for the project shall be obtained by all prime, subcontractors and suppliers exclusively from ARC Southern. The fees for the plans and specifications which are non-refundable is $25.00. It is the wish of the Owner that all businesses are given the opportunity to submit on this project. To facilitate this policy the Owner is providing the opportunity to view plans online (www.e-arc.com) at no charge through ARC Southern (706 724-7924) beginning Thursday, April 18, 2013. Bidders are cautioned that submitting a package without Procurement of a complete set are likely to overlook issues of construction phasing, delivery of goods or services, or coordination with other work that is material to the successful completion of the project. Bidders are cautioned that acquisition of documents through any other source is not advisable. Acquisition of documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. A Mandatory Pre Bid Conference will be held on Thursday, April 25, 2013 @ 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 Friday, April 26, 2013 @ 5:00 p.m. No bid will be accepted by fax, all must be received by mail or hand delivered. No Bid may be withdrawn for a period of 60 days after time has been called on the date of opening. A 10% Bid bond is required to be submitted along with the bidders’ qualifications; a 100% performance bond and a 100% payment bond will be required for award. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. GERI A. SAMS, Procurement Director Revised: 8/15/2011 Attachment number 1 \nPage 1 of 1 Item # 38 VENDORS Attachment B E-Verify # Bid Bond SAVE Form Lump Sum Blair Construction, Inc. PO Box 770 Evans, GA 30809 Yes 224004 Yes Yes $590,985.87 Quality Storm Water Solutions P.O. Box 1847 Evans, GA 30809 Yes 233338 Yes Yes $587,688.53 Contract Management, Inc. 1827 Killingsworth Augusta, GA 30904 Eagle Utility Contracting, Inc. 1350 Branch Road Bishop, GA 30627 Yes 206663 Yes Yes $725,885.75 Bid Item #13-116 Fort Gordon New Water and Sewage Connections for Augusta, Georgia - Utilities Department Bid Due: Tuesday, May 7, 2013 @ 3:00 p.m. Page 1 of 1 At t a c h m e n t n u m b e r 2 \ n P a g e 1 o f 1 It e m # 3 8 Attachment number 3 \nPage 1 of 1 Item # 38 Attachment number 4 \nPage 1 of 1 Item # 38 ATTN: THERON SAPP QUALITY STORM WATER SOLUTIONS 437 CAMBRIDGE CIRCLE MARTINEZ GA 30907 ATTN: JAMES WILLIAMS CONTRACT MANAGEMENT INC 1827 KILLINGSWORTH AUGUSTA GA 30904 ATTN: TONY HIGHFIELD EAGLE UTILITY 1350 BRANCH ROAD BISHOP, GA 30627 ATTN: PATRICK DILLARD BLAIR CONSTRUCTION PO BOX 770 EVANS, GA 30809 Tom Wiedmeier Augusta Utilities Bay Street Jerry Delaughter Augusta Utilities Bay Street Stanley Aye Augusta Utilities Bay Street Yvonne Gentry Municipal Building LSB – 3RD FLOOR Bid Item 13-116 Fort Gordon New Water & Sewage Connections Faxed and Mailed 4/19/13 Bid Item #13-116 Fort Gordon New Water & Sewage Connections For Utilities Department Bid Due: Tues 5/7/13 @ 3:00 p.m. Attachment number 5 \nPage 1 of 1 Item # 38 Commission Meeting Agenda 6/18/2013 5:00 PM Southern Milling Company Department:Clerk of Commission Caption:Motion to approve receiving an update from Attorney Jim Wall regarding the possible contamination and delinquent taxes of the Southern Milling Company property located at 1015 Twiggs Street at the Commission June 18th meeting. (Approved by Engineering Services Committee June 10, 2013) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 39 Attachment number 1 \nPage 1 of 4 Item # 39 Attachment number 1 \nPage 2 of 4 Item # 39 Attachment number 1 \nPage 3 of 4 Item # 39 Attachment number 1 \nPage 4 of 4 Item # 39 Commission Meeting Agenda 6/18/2013 5:00 PM Willhaven Subdivision Phase III, Section 3 Department:Engineering Department-Abie L. Ladson, P.E., CPESC, Director Caption:Motion to approve the deeds of dedication, maintenance agreements, and road resolutions submitted by the Engineering and Augusta Utilities Departments for Willhaven Subdivision, Phase III, Section III. (Approved by Engineering Services Committee June 10, 2013) Background:The final plat for Willhaven Subdivision, Phase III, Section III, was approved by the Commission on January 15, 2013. The subdivision design and plat for this section, including the storm drain system, have been reviewed and accepted by our engineering staff and the construction has been reviewed by our inspectors. The Utilities Department has inspected and reviewed the water and sanitary sewer installations, and hereby requests acceptance of the utility deed. Analysis:This section meets all codes, ordinances and standards. There are no wetlands or 100-year flood plain boundaries involved in this section. Acceptance of said utility deed shall dedicate, as required, the water and sanitary sewer mains along with the applicable easements to Augusta, Georgia for operation and maintenance. Financial Impact:By accepting these roads and storm drainage installations into the County system and after the 18-month maintenance warranty by the developer/contractor for the roads and storm drainage has expired, all future maintenance and associated costs will be borne by Augusta, Georgia. By acceptance of the utility deeds and maintenance agreements, all future maintenance and associated costs for water and sanitary sewer installations will be borne by Augusta, Georgia, and positive revenue will be generated from the sale of water and sanitary sewer taps and monthly billing of same. Alternatives:1. Approve the deeds of dedication, maintenance agreements, and road resolutions submitted by the Engineering and Augusta Utilities Departments for Willhaven Subdivision, Phase III, Section III. 2. Do not approve and risk litigation. Cover Memo Item # 40 Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 40 Attachment number 1 \nPage 1 of 1 Item # 40 Attachment number 2 \nPage 1 of 1 Item # 40 Attachment number 3 \nPage 1 of 2 Item # 40 Attachment number 3 \nPage 2 of 2 Item # 40 Attachment number 4 \nPage 1 of 2 Item # 40 Attachment number 4 \nPage 2 of 2 Item # 40 Attachment number 5 \nPage 1 of 2 Item # 40 Attachment number 5 \nPage 2 of 2 Item # 40 Attachment number 6 \nPage 1 of 3 Item # 40 Attachment number 6 \nPage 2 of 3 Item # 40 Attachment number 6 \nPage 3 of 3 Item # 40 Attachment number 7 \nPage 1 of 2 Item # 40 Attachment number 7 \nPage 2 of 2 Item # 40 Commission Meeting Agenda 6/18/2013 5:00 PM 2013 Solid Waste Contract Department: Caption:Discuss 2013 Solid Waste Contract/Contract Term. (Requested by Commissioner Marion Williams) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 41 Commission Meeting Agenda 6/18/2013 5:00 PM Commission June 27 regular meeting Department: Caption:Motion to approve the rescheduling of the July 2, 2013 regular meeting to Thursday, June 27, 2013. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 42 Commission Meeting Agenda 6/18/2013 5:00 PM Minutes Department:Clerk of Commission Caption:Motion to approve the minutes of the regular meeting of the Commission held June 4, 2013 and Special Called Meeting held June 10, 2013. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 43 Commission Meeting Agenda 6/18/2013 5:00 PM District 9 appointment Department: Caption:Motion to approve the appointment of Ms. Willene Colvin to the ARC Animal Control Board representing District 9. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 44 Attachment number 1 \nPage 1 of 1 Item # 44 Commission Meeting Agenda 6/18/2013 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 # 45