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2014-05-06-Meeting Agenda
Commission Meeting Agenda Commission Chamber 5/6/2014 2:00 PM INVOCATION: Rev. Dr. Jim Higgins, Pastor, Aldersgate United Methodist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. RECOGNITION(S) Employee of the Month A. Ms. Bonnie Whitehead, Coroner Assistant, Richmond County Coroner’s Office May 2014 Employee of the Month. Attachments Five (5) minute time limit per delegation DELEGATIONS B. Mr. Al M. Gray, President Cost Recovery Works, Inc. regarding Augusta's contracts under SPLOST VII. Attachments C. Dr. Saline Smith, Georgia Regent University, (GRU) regarding the Healthy Augusta Initiative-Breath Easy. (Requested by Mayor Pro Tem Corey Johnson) Attachments CONSENT AGENDA (Items 1-26) PLANNING 1. ZA-R-231 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition to amend the Comprehensive Zoning Ordinance by adding a new section, Section 25- F, Professional Office Park District Classification, and for other Attachments purposes. (Approved by the Commission April 15, 2014 - second reading) PUBLIC SERVICES 2. Motion to approve New Ownership Application: A. N. 14 - 14: A request by Ahmed Fouitah for a retail package Beer & Wine license to be used in connection with Hanot, LLC DBA Raceway located at 3481 Wrightsboro Rd. District 3. Super District 10. (Approved by Public Services Committee April 28, 2014) Attachments 3. Motion to approve New Application: A. N. 14 - 16: A request by Anthony J. Evanglista for an on premise consumption Liquor, Beer & Wine license to be used in connection with Wheels located at 879 Broad St. There will be Dance. District 1. Super District 9. (Approved by Public Services Committee April 28, 2014) Attachments 4. Motion to approve a request by Lucretia Haynes for a Dance Hall License to be used in connection with Cheerz Lounge located at 2059 Gordon Hwy. District 5. Super District 9. (Approved by Public Services Committee April 28, 2014) Attachments PUBLIC SAFETY 5. Motion to approve the replacement of obsolete computer equipment (laptops, computers, servers, printers, scanners, switches, routers, other telecommunication devices, and MDTs) as well as the purchase of any required computer software upgrades. (Approved by Public Safety Committee April 28, 2014) Attachments 6. Motion to approve purchase of ESRI Professional Services for the Information Technology Department. (Approved by Public Safety Committee April 28, 2014) Attachments 7. Motion to approve Capacity Agreement for FY2014 for state inmates being housed in the Richmond County Correctional Institution. (Approved by Public Safety Committee April 28, 2014) Attachments 8. Motion to approve a request from the 9-1-1 Center to add five additional Communication Officers in support of the new community policing "zone manager" concept for the Richmond County Sheriff. This increase also enhances safety as the number of additional call takers will reduce 911 call wait time. Funding in the amount of $60,000 - $75,000 for 2014 to come from Fund Balance if it cannot be handled through the current personnel budget.(Approved by Public Safety Committee April 28, 2014) Attachments 9. Motion to approve the appointment 9-1-1 Center Director, Dominick Nutter, to the Region 6 EMS Council. (Approved by Public Safety Committee April 28, 2014) Attachments FINANCE 10. Motion to approve the acquisition of two field mowers for the Augusta Recreation Department – Operations Division. (Approved by Finance Committee April 28, 2014) Attachments 11. Motion to approve the replacement of 39 Public Safety Vehicles for the Sheriff’s Office for 2014.(Approved by Finance Committee April 28, 2014) Attachments 12. Motion to approve a request for the replacement of one (1) aerial bucket truck for Traffic Engineering – Signals Division.(Approved by Finance Committee April 28, 2014) Attachments 13. Motion to approve exercising additional year option in the city's agreement with MAXIMUS to perform Augusta's 2013 Indirect Cost Allocation Study. (Approved by Finance Committee April 28, 2014) Attachments 14. Motion to approve development agreement with Cabela's Wholesale Inc. in the Village at Riverwatch Tax Allocation District (TAD 2).(Approved by Finance Committee April 28, 2014) Attachments 15. Motion to deny a request from Mr. Virgil Wimbush regarding a waiver of taxes and penalties for the house located at 2035 Old Savannah Road. (Approved by Finance Committee April 28, 2014) Attachments ENGINEERING SERVICES 16. Motion to accept Memorandum of Understanding (MOU) and Contract Item Agreement (CIA) with Georgia Department of Transportation (GDOT) concerning the costs of relocating water and sanitary sewer mains on GDOT Project Windsor Spring Road Phase 4 (P.I. No. 250610) and on GDOT Project Windsor Spring Road Phase 5 (P.I. No. 245320). (Approved by Engineering Services Committee April 28, 2014) Attachments 17. Motion to authorize condemnation to acquire title of a portion of property for right-of-way, temporary construction easement and temporary driveway easement (Parcel 041-1-061-00-0) 1402 Marks Church Road. (Approved by Engineering Services Committee April 28, 2014) Attachments 18. Motion to approve award to Southeastern Tank in the amount of $46,400.00 for Bid Item 14-128, Morgan Road Ground Water Storage Tank Installation of Water Storage Tank Mixer.(Approved by Engineering Services Committee April 28, 2014) Attachments 19. Motion to authorize the three year renewal of an agreement between the Georgia EPD and Augusta for regulatory testing of drinking water at a cost of $32,500 per year for the period covering July 1, 2013 to June 30, 2016. (Approved by Engineering Services Committee April 28, 2014) Attachments 20. Motion to approve CSX613700 Railroad Crossing Agreement for the AUD#10153 Project - Gordon Highway 24" Water Main.(Approved by Engineering Services Committee April 28, 2014) Attachments 21. Motion to authorize condemnation to acquire title of a portion of property for right of way and temporary easement, (Parcel 061-1-163-00- 0) 701 Albany Avenue.(Approved by Engineering Services Committee April 28, 2014) Attachments 22. Motion to authorize condemnation to acquire title of a portion of property in fee simple and permanent construction and maintenance easement (Parcel 209-0-047-00-0) 4646 Windsor Spring Road. (Approved by Engineering Services Committee April 28, 2014) Attachments 23. Motion to authorize condemnation to acquire title of a portion of property in fee simple, permanent construction and maintenance easement, and one temporary driveway easement (Parcel 193-0-096-01- 0) 4608 Windsor Spring Road. (Approved by Engineering Services Committee April 28, 2014) Attachments 24. Motion to approve $1,500,000 to continue the funding for the current On-Call Concrete Repair, Concrete Construction & Emergency Repair Contract with the Horizon Construction Company, Larry McCord LLC, and SITEC LLC. Funding is available in the Grading & Drainage, Suburban Forces, Resurfacing, and Sidewalks Cuts & Replacement accounts as requested by AED. (Approved by Engineering Services Committee April 28, 2014) Attachments PETITIONS AND COMMUNICATIONS 25. Motion to approve the minutes of the regular and Special Called commission meetings held April 15 and Special Called meeting held April 28, 2014. Attachments 26. Motion to approve the rescheduling of the Tuesday, May 20th regular meeting to Thursday, May 22, 2014. Attachments ****END CONSENT AGENDA**** AUGUSTA COMMISSION 5/6/2014 AUGUSTA COMMISSION REGULAR AGENDA 5/6/2014 (Items 27-41) PUBLIC SERVICES 27. New Application: A. N. 14 - 15: A request by Christopher King for an on premise consumption Beer & Wine license to be used in connection with Pauley's located at 952 Broad St. District 1. Super District 9. (No recommendation from Public Services Committee April 28, 2014) Attachments ADMINISTRATIVE SERVICES 28. Discuss as information amending the 2010 - 2014 Action Plans to reprogram $93,403.04 in Community Development Block Grant (CDBG) funds. Attachments 29. Consider changing the ordinance dealing with the compensation for the Airport Director. (Requested by Commissioner Donnie Smith) Attachments 30. Discuss the EEO Director and General Counsel matter. (Requested by Commissioner Marion Williams) Attachments 31. Approve Laney Walker/Bethlehem Revitalization Project – Bridge Loan Request of $2,500,000.00 to continue existing/future development projects until the next bond issuance in middle to late 2015. Attachments 32. Receive report from HR Director regarding ARC open/vacant positions. (Requested by Commissioner Mary Davis) Attachments 33. Discuss the authority/power of the Augusta-Richmond County Personnel Board. (Requested by Mayor Pro Tem Corey Johnson) Attachments 34. Approve salary increase for the Procurement Director of $113,000; funding source will be the elimination of a position in the print shop and on the condition that Procurement and Law Departments execute appropriate release agreement. (Requested by Commissioner Marion Williams) Attachments 35. Motion to approve the resolution supporting the Augusta Housing Authority and Walton Communities, LLC’s application for low income housing tax credits to be named 15th Street Redevelopment – Phase 1. Attachments 36. Discuss SPLOST VII $5M allocation for Administrator/Mayor's "Project Administration" and the legality of outside agencies receiving SPLOST funds and the generally accepted practices of other municipalities as it relates to outside agencies in particular, private, state, non-profit and not-for-profit agencies. (Requested by Commissioner Alvin Mason) Attachments 37. Discuss the removal of SPLOST VII from the ballot and rework it to deal with infrastructure, and bring back at the appropriate time. (Requested by Commissioner Alvin Mason) Attachments FINANCE 38. Review of approved guidelines for the distribution of SPLOST funds to outside agencies. (No recommendation from Finance Committee April 28, 2014) Attachments ENGINEERING SERVICES 39. Approve the projects to be funded by SPLOST VII as recommended by the Engineering Department. (No recommendation from Engineering Services Committee April 28, 2014) Attachments 40. Motion to approve the report from Traffic Engineering staff to include 1) removing a few trees to provide better sight distance 2) installing a rapid flasher signal and 3) move the crosswalk to a mid-block location with the funding to be charged to the proposed project for improvement on Highland Avenue. (No recommendation from Engineering Services Committee April 28, 2014) Attachments LEGAL MEETING A. Pending and Potential Litigation. Upcoming Meetings www.augustaga.gov B. Real Estate. C. Personnel. 41. Motion to approve execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Commission Meeting Agenda 5/6/2014 2:00 PM Invocation Department: Caption:Rev. Dr. Jim Higgins, Pastor, Aldersgate United Methodist 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 5/6/2014 2:00 PM Employee of the Month Department: Caption:Ms. Bonnie Whitehead, Coroner Assistant, Richmond County Coroner’s Office May 2014 Employee of the Month. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 2 Attachment number 1 \nPage 1 of 1 Item # 2 Commission Meeting Agenda 5/6/2014 2:00 PM Al Gray Department: Caption: Mr. Al M. Gray, President Cost Recovery Works, Inc. regarding Augusta's contracts under SPLOST VII. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 3 Commission Meeting Agenda 5/6/2014 2:00 PM Dr. Saline Smith GRU Department: Caption:Dr. Saline Smith, Georgia Regent University, (GRU) regarding the Healthy Augusta Initiative-Breath Easy. (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 # 4 Commission Meeting Agenda 5/6/2014 2:00 PM ZA-R-231 Department:Planning Commission Caption: ZA-R-231 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition to amend the Comprehensive Zoning Ordinance by adding a new section, Section 25-F, Professional Office Park District Classification, and for other purposes. (Approved by the Commission April 15, 2014 - second reading) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 5 1 PROFESSIOAL OFFICE PARK DISTRICT CLASSIFICATIO SECTIO 25-F POPD (PROFESSIOAL OFFICE PARK DISTRICT) ZOE 25-F-1 Statement of Intent: The intent of this section is to provide for development of professional office buildings and parks, and certain service and retail uses which are compatible with, and supportive of, professional office buildings and parks. 25-F-2 Permitted Uses: The following land uses are permitted in a POPD (Professional Office Park District) Zone, subject to staff approval of the plan: a) Accounting, auditing and bookkeeping services. b) Advertising. c) Adult day-care. d) Child day-care services, including outdoor play areas e) Computer programming, data processing and other computer related services (other than sales, leasing or rental activities, or repairs). f) Consulting services, unclassified. g) Consumer credit reporting agencies, collection agencies, etc. h) Dental laboratories. i) Depository institutions. j) Engineering, architectural and surveying services. k) Health services, offices and clinics. l) Holding and other investment offices. m) Insurance agents, brokers and services. n) Legal services. o) Libraries. p) Mailing, reproduction, commercial art and photography and q) Stenographic services. r) Management and public relations services. s) Non-depository credit institutions. t) Office buildings of all types. u) Open Space, Park and recreation facilities, public or private (noncommercial). v) Passenger transportation arrangement (travel agent). w) Personnel supply services. x) Radio and TV broadcasting stations. y) Real estate services. z) Religious organizations. aa) Security and commodity brokers, dealers, exchanges and services. bb) Tax return preparation services. cc) Telephone, telegraph and other message communication services. Attachment number 1 \nPage 1 of 7 Item # 5 2 dd) Accessory uses, subject to the limitations in Section 25-F-2 and Section 25-F-4 ee) Temporary sales and events subject to the provisions of Section (Section of City Code regulating such an event) ff) Special uses listed in the Use Matrix may be permitted, and are subject to the issuance of a special use permit pursuant to the provisions of the applicable section of the city code. 25-F-3 Size of Tract: The minimum size of any tract to be zoned and developed in a Professional Office Building District shall be twenty-five (25) acres and the tract shall have permanent paved access to a paved public road or a road to be paved and dedicated to the public. 25-F-4 Area Limitations: a) Office Uses: A maximum of seventy-five (75%) percent of the total area of the proposed development may be devoted to office uses. b) Accessory Uses: A maximum of five percent (5%) of the remaining area of the tract may be devoted to the permitted accessory uses listed in Section 25-F-2. It shall exclude portions of the tract devoted to usable open space and recreational uses. c) Open Space, Park and Recreation Facilities, Public or Private (noncommercial): A minimum of twenty-five percent (25%) of the area of the tract shall be devoted to noncommercial open space, and recreation facilities. The area reserved for recreational and/or open space uses shall be held in common for the enjoyment of the occupants of the office development and accessory uses. 25-F-5 Area: a) The minimum size of any tract to be zoned and developed in a Professional Office Park District shall be twenty-five (25) acres. 25-F-6 Height: a) The maximum height of a building shall not exceed twelve (12) stories or one hundred forty-four (144) feet from the finished grade. , 25-F-7 Setbacks - Buildings: a) Front Setback: There shall be a front yard setback in a POPD zone of not less than one hundred (100) feet from any structure to an adjoining street right-of-way. b) Side and Rear Setbacks: There shall be a side and rear yard setbacks in a POPD zone of not less than twenty (20) feet from any structure to an adjoining property line zoned or Attachment number 1 \nPage 2 of 7 Item # 5 3 used for agricultural or residential use. Structures over twenty (20) feet in height shall be set back an additional one (1) foot for every two (2) feet in height over twenty (20) feet. There shall be a side and rear yard setbacks in a POPD zone of not less than ten (10) feet from any structure to an adjoining property zoned or used for office, commercial or industrial uses. 25-F-8 Setbacks - Parking: a) There shall be a setback in a POPD zone of not less than forty (40) feet from any parking space to an adjoining street right-of-way. b) There shall be a setback in a POPD zone of not less than fifty (50) feet from any parking space to an adjoining property zoned or used for agricultural or residential use. c) Where a POPD zone adjoins property zoned or used for office, commercial or industrial use, the setback for any parking space shall be the same as required by the zoning of the 25-F-9 Development and Performance Standards: a) Building Orientation: All buildings shall be oriented toward street frontage unless an exception is granted to improve the site design or to facilitate the use of solar power. b) Parking: Off-street parking and loading shall be provided in accordance with the requirements set forth in Section 4 of this Ordinance. c) Streets: Internal streets intended to be dedicated to Augusta, Georgia, as well as any internal private streets shall conform to the requirements of the Street and Road Design Technical Manual. d) Signage: Signage shall be provided in accordance with the requirements set forth in Section 28-B of this ordinance. e) Landscaping and Buffers: Natural landscaping and buffers shall be provided in accordance with the requirements of the Augusta Tree Ordinance and Tree Ordinance Illustrated Guide (Chapter 8-4-1 thru 8-4-17 of the Augusta, Georgia Code). f) Outdoor Displays and Equipment: No merchandise shall be stored or displayed outside buildings, and no equipment or vehicles, except for passenger vehicles, shall be stored outside buildings. Attachment number 1 \nPage 3 of 7 Item # 5 4 g) oise: Noise levels should not exceed those specified in Chapter 3-6-1 thru 3-6-4 of the Augusta, Georgia Code. h) Merchandise Sales: Sale of merchandise from a vehicle or temporary structure is prohibited, except as provided for by a temporary sales and events permit. 25-F-10 Traffic Impact Analysis: An application for approval of a project in a POPD (Professional Office Park District) Zone shall include a traffic impact analysis to determine whether the roadway network in the area of the proposed development will be able to handle the existing through traffic, plus the additional traffic that the development will generate. a) General Requirements of Traffic Impact Analysis 1. The analysis shall be prepared by a Professional Engineer registered with the State of Georgia with expertise in traffic engineering. 2. Prior to completing the Traffic Impact Analysis, the applicant and the Professional Engineer shall hold a scoping meeting with the Planning and Development Director and the City Traffic Engineer to determine the following parameters for the analysis: Trip generation assumptions; Growth Rate for future year traffic estimation; Trip distribution; Pass-by traffic and/or internal capture; Non-traditional peak hour studies, if required; Whether or not truck or heavy vehicle distributions need to be considered separately; Any other approved development applications within the study area; Funded capital improvement projects that will increase the capacity of the roadways in question; Site construction phasing; and If a signal warrant analysis for high volume un- signalized intersections is needed. 3. The City will prepare a Memorandum of Understanding (MOU) that outlines the agreements made during the scoping meeting. The applicant shall return the signed MOU to the Planning and Development Director. The Professional Engineer cannot begin work on the analysis until both the City and the applicant have signed the MOU. b) Traffic Analysis Study Area Boundary 1. The analysis study area shall at a minimum include any roadways and intersections within one-half mile of the development application proposal. 2. The study area may be modified if the Planning and Development Director: Attachment number 1 \nPage 4 of 7 Item # 5 5 · Determines a larger study area or additional roadways or intersections for analysis are required due to the size or characteristics of the development application proposal; or · Waives the need to study roadways or intersections that are determined not to be significantly affected by the development application proposal, as long as all key intersections within the study area are studied. c) Traffic Analysis Period: The analysis shall examine future traffic conditions one year after the development application proposal is scheduled to be completed (build +1). d) Traffic Analysis Software: The study shall be performed using the operational analysis of the latest Highway Capacity Manual and traffic analysis software approved by the city of Augusta. Other software packages, such as Synchro, are preferred for coordinated signal systems, and may be required for supplemental analysis. 25-F-11 Application Procedures: a) An application for rezoning of property to POPD (Professional Office Park District) shall be accompanied by a preliminary development plan for the subject property. b) The preliminary development plan shall include, at a minimum: 1. A boundary and topographic plat of the land showing all rights-of-way and easements affecting the property. 2. A plat showing the proposed location of buildings, including the number of stories and square footage contained in each, the location of areas reserved for open space, park and recreation facilities and the location of all curb cuts, driving lanes, parking areas and pedestrian ways. 3. A statement of proposed uses on a building by building basis. 4. Elevation drawing of a typical building 5. The traffic impact analysis as required by Section 25-F-10 of this ordinance. 6. A general landscaping plan for the entire site. 7. A signage plan for the entire site. 8. If applicable, a project phasing plan as required by Section 25-F-12 of this ordinance. c) Assuming the rezoning is approved by the Augusta Commission, the applicant will then follow the procedures and requirements of the Augusta Site Plan Regulations in obtaining final approval of the site plan for the property. d) The approved final plat and approved site plan are binding and shall be a restriction on development which runs with the land. Any unauthorized deviation therefrom shall be punishable and enforceable as a violation of this section. Attachment number 1 \nPage 5 of 7 Item # 5 6 25-F-12 Project Phasing: In the event that a project will be completed in phases, the following shall apply: a) The applicant shall submit a phasing plan as part of the application. b) Each phase shall be designed to “stand alone” so that if subsequent phases are not constructed, the completed portion of the project constitutes a coherent development logically interconnected with surrounding areas. c) Certain project elements, such as open space and recreational amenities, must be provided for each phase of development in rough proportion to the size of the particular phase within the whole project. In certain circumstances, this may also require that infrastructure improvements shown within a later phase of the project be constructed within an earlier phase, or appropriate securities provided to ensure that construction occurs even if the later phase never takes place. 25-F-13 Time Limit and Extensions: The following time limits apply to projects located in a POPD zone: a) Approval of a site plan shall be valid for five years from the date approved. Construction on any and all phases must be complete for final approval within five years of the date of site plan approval. b) Approval may be extended by resolution of the Augusta Commission for a maximum of two (2) additional years; provided, that: 1. A written request for extension has been received at least 30 days prior to the date of expiration; and 2. The applicant demonstrates that extraordinary and unforeseen circumstances have precluded compliance with the five-year time limit. 25-G-7 Enforcement: If the applicant does not begin, and substantially complete the approved project, or any phase of the project, within the established time limits, the Planning and Development Director shall review the project and may recommend to the Augusta Commission that: a) The time for its completion be extended, upon a showing that the project can be completed within six months, and that the applicant has posted bond or other acceptable securities to ensure completion of any unfinished work; or b) That the approval of the project be revoked. Attachment number 1 \nPage 6 of 7 Item # 5 7 Attachment number 1 \nPage 7 of 7 Item # 5 Commission Meeting Agenda 5/6/2014 2:00 PM Alcohol Application Department:Planning & Development Caption:Motion to approve New Ownership Application: A. N. 14 - 14: A request by Ahmed Fouitah for a retail package Beer & Wine license to be used in connection with Hanot, LLC DBA Raceway located at 3481 Wrightsboro Rd. District 3. Super District 10. (Approved by Public Services Committee April 28, 2014) Background:This is a new ownership application. Formerly in the name of Jeffery A. Griffin. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $1,330.00. Alternatives: Recommendation:Planning & Development recommends approval. The RCSO recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 6 A ugusra_Richmond Counfy 1815 Marvin Griffin Road Augusta, GA 30906 ALCOHOL BEVERAGE A}PLICATION Alcohol Number Name of BusinessH year _ Alcohol AccountNumber lpi"f _ g{I I. 2. 3. 4. 5. Name ot tsusinessHANOT LLC DBA RACEWAY Business Address CiTv AUGUSTAR,,";" Stare "- _7;-fIg-09_.=-ffi # ,,)zW-A pp r i can t Nu * " u;;Iaffi f ilrj 6. 7. 8. 9. t0. Applicant Social If Application is Security a transfer, list previous ----.-----.--..-..- D.O.- Applicant: Business Location Location: tvtap ATarcet Manager(s) it fi{I,,"*l"l ffi"''"* citizen or Alien lawtullv admined for permanent residency? Zoning ll corporation (ir,ppri.?bYilB*:}nflff"offi'9,L n12. Mailing Address: Name of Business RACEWAy Attention Address Cit/lState/Zip A !1 Ownership rrp", 1,,1 C"14. Corporate Name: H ANriI' Lr_C ' List name and other required i, What rype of business( ) Restaurant( ) Package Store will you operate in this( ) Lounge Iocation? ( { Convenience Store( ) Other: Total License Fee: $ Prorated License Fee:(After July I ONLY) $ I6.Have you if so, give ever applied for an Alcohol Beverage License before: N()year of application and its disposition: _ Are you familiar with Georgia and alcoholic beverages? |( ) yes ( 17.Augusta-Ri chmond Co rnry@ ) No If so, ptease iniriaa fllC Attachment number 1 \nPage 1 of 2 Item # 6 r8.Attach a passport-size photograph (front view) taken within two years. Write name on back of the dealer submitting the Iicense application. If yes, give full details: Have you ever been arrested, or held Uy f.0". authorities, for any violation of any Federal, state, county or Municipal law, regulation Ifyes, give reason charged orheld, date and place where charged and its disposition. List the name and other required infor* any interest in the business.ABDEi. AZTZ CHI?IF r9 20. Has any liquor business in which you hold, or have held, any financial interest, or areemployed, or have been employed, ever been cited for any violation of the rules andregulations of Richmond County or the State Revenue Commission relating to the saleand distribution of distilled spirits? ( ) yes 6 ) No or ordinance? (Do not include traffic violations, with the exception of any offensespertaining to alcohol or drugs.) All other charges must be included, even if they aredismissed. ( )Yes 1X)No 21. 22 23. building where alcohol beverages are sold. A.) Church B.) Library C.) School D.) Public Recreation 24.State of Georgia, Augusta-Richmond Counry, I, Ai{MrIt) FCUITAH- Do solemnly swear, subject to the penarties of false rl,v"*i.,g, Gut tGltut.rn.nt, und rlic beverage application icdnt Sign'ature If a new application, attach a surveyor,s ptu properry line of school, church, library, or public recreation area to the wall of the I hereby certiry thatAi{M lD FCUITAH is personally known to be,thathe/she.ign.o@appIicationStatingtomethathe/she $:-y_lli :li::1:"9 all statements and answers made herein, and, under oath actuanyadministere.(. by me, has swom that said statements and answers are true'nL:^ ^. F * ''^-.'-. tt A t-, J- - ----""-'^-This l:f [, day of 25. mWr-,, ,.".^.. ., , t{dary Publlo Ridmnd County, G€sgia in the year lA I V F'OR OF'FICE USE OIILY My hnmHlon Bpirco July 21, 1115 The Board of Commissioners on the _ day of(Approved, Disapproved) the forgoing application. List owner or owners of building and property. Recommendation Approve Deny,Cominents Alcohol Insoector Sheriff Fire Insoector Administrator Date in the year Attachment number 1 \nPage 2 of 2 Item # 6 Commission Meeting Agenda 5/6/2014 2:00 PM Alcohol Application Department:Planning & Development Caption:New Application: A. N. 14 - 15: A request by Christopher King for an on premise consumption Beer & Wine license to be used in connection with Pauley's located at 952 Broad St. District 1. Super District 9. (No recommendation from Public Services Committee April 28, 2014) Background:This is a new application. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $1,250.00. Alternatives: Recommendation:Planning & Development recommends approval. The RCSO recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 7 Augusta-Ri chmond C ounty l8l5 Ivlarvin Griffin Road Augusta, GA 30906 ALCOHOL BEVERAGE AIDPLICATION Alcohol Number k,lznttlooohZ/ Year Zoltl AlcoholAccount Nrrmber l.Name of Business A2. Business Address City State C*. Zip Joqo / _ Business Phone AU") Applicant Name and Addres.s: Applicant Social Security # If Application is a tr4nsfer, list previous Applicant: 3. 4. 5. 6. 7. D.O.B. 8. 9. Business Location: Map & Parcel Location Manager(s) Zoning Is Applicant an American Citizen or Alien lawfully admitted for permanent residency?(.)fl/es ( )No OWNERSIilP INFORMATION Corporation (if applicable): Date Chartered: Mailing Address: Name of Business Attention Address 15. Whalrtype of business will you operate in this location? (i.y'Restaurant ( )Lounge ( ).Conveniencestore( )PackageStore ( )Other: Total License Fee: $ Prorated License Fee: (After July 1 ONLY) $ 10. 11. 12. r3. 14. City/State/Zip aq.",<{* ba . ,1ra t OwnershipType: 1 l Corp&atiorr Corporate Name: List name and other required information for each person having interest in this business. 16.Have you ever applied for an Alcohol Beverage License before: If so, live y"u. of upplication and its disposition: Zo/A 4",1 / 1iL , License Information Liquor Bee1,Wine Dance Sundav Sales Retail Packase Dealer 4v/1 .X/-/ Consumption on Premises t/ Wholesale 17. alcoholic beverages? 1 qies ( ) No If so, please initial. Zru- Attachment number 1 \nPage 1 of 2 Item # 7 18.Attach a passport-size photograph (front view) taken ivilhin fwo years. Write name on back of the dealer submitting the Iicense application. If yes, give fulidetails: Have you ever been arrested, or held by Federal, State, or other law-enforcement authorities, for any vioiation of any Federal, State, County or Municipai law, regulation or ordinance? (Do not include traffic violations, with the exception of any offenses pertaining to alcohol or drugs),,All other charges must be included, even if they are dismissed. ( )Yes ("rINo If yes, give reason charged or held, date and rriace where charged and its disposition. 21. List owner or owners of building and property. -fu: (luo,r, - l9 20. Has any liquor business in vihich you hold, or have held, any financial interest, or are employed, or have been ernpioyed, ever been cited for any violation of the rules and regulations of Richmond County or the State Revenue Commission relating to the sale and distribution of distilled spirits? ( ) Yes (-)-No 22. 23. 24. List the npme and other required any interest in the business. information for each person, firm or corporation having If a new application, attach a snrve,vor's plat and state the straight line distance fiom the property iine of school, church, library, or public recreation area to the wall of the building where alcohol beverages are sold. A.) Church B.) Library c.) D.) School Public Recreation 25.I hereby certifu tfrat -U1{ar*/t^=t< - is personally kncwn to be" that he/she signed his/he." name-ir! th*;regoing application stating to rne that helshe State of Georgia, Augusta-Richmond County, I, false swealing,that the statements and beverage appiication areing alcoholic knew and understood ali statements anci answers made herein, and, under oath actuali;z administered by me, has sworn that sai( statements atrd aasv;ers are true. This -lil--day of - \O1G-I+A --, in rhe y'ear &l-g- FOR O [D*-rrtn ort- I R."o**"nilati;x Etgqlsll$pe{."j Sher:iff The Board or'Commissioners on the --- - day of (Approved, Disapproved) the fbrgoing application. Approve Den;v Arlminisiratt:r . in the rrear Date Attachment number 1 \nPage 2 of 2 Item # 7 Commission Meeting Agenda 5/6/2014 2:00 PM Alcohol Application Department:Planning & Development Caption:Motion to approve New Application: A. N. 14 - 16: A request by Anthony J. Evanglista for an on premise consumption Liquor, Beer & Wine license to be used in connection with Wheels located at 879 Broad St. There will be Dance. District 1. Super District 9. (Approved by Public Services Committee April 28, 2014) Background:The Applicant was previously licensed at this location. They were closed in 2013. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $4,505.00. Alternatives: Recommendation:Planning & Development recommends approval. The RCSO recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 8 Augusta-ldciu n on d County 1815 Marvin Grifllrr Road Augusta, GA 30906 ALCOHOL BEVts]RAGE AI'PLICATION Alcohol AccountNumber IO A/tZ 1. 2. 3. 4. 5. Alcohol Number Year u)i+€a <g1q' ?zrzaaa Sr Zip 3b96 /_l'zz -o{zi t Applicant Name and Address: D.O.B. ' 4 'a>tu list previous Applicant: Business Location: Map & Parcel b3z .3 .ri 9?: 6a .-9_ Zoning Location Manager(s) Is Applicant an American Citizen or Alien lawfully admitted for permanent residency?(rfYes ( ) No OWI\ERSHIP INFORMATION Corporation (if applicable): Date Chartered: Mailing Address: Name of Business Attention Address PaE E*tee,P&r-ra LLC Name of Business Business Address 6. 7. City Awcv.rtA State A,4 Business Plfone (--) - Home Phone ("db Applicant Social Security' # If Application is a tr4nsfer, t0. 8. 9. I l. 12. 13. 14. la tJ trEli zodl &Apa eAcZe DraCitylstatelzip ilmtzrpat en Sa €tr OwnershipType:(,{Corporation ( )Partnership ( )Individual Corporate Name: F:rE epTeef€iJ e __ LL_i- List name and other required information for each person having interest in this business. 15.What type of business will you operate in this location? ( ) Restaurant ( ) Package Store ( ) Lounge ( ) Convenience Store ( r) Other: D*rz Total License Fee: $ Prorated License Fee: (After July I ONLY) $ 16.Have you ever applied for an.dlcohol Beverage License befbre: -kIf so, give year of application and its disposition: 3,4e 1 i f€711P[s4'g't '/ c/drt'/) trt{Z- 2d )3 ere you familiar with Georgia and Augusta-R.ichmond Countl' laws regardingthy;ale of alcoholic beverages? (rfYes ( ) No If so, please initial. # - License lnformation Liquor Beer Wine Dance'Sunday Sales RetailPackage Dealer Consumption on Premises a-/' Wholesale 17. Attachment number 1 \nPage 1 of 2 Item # 8 18.Atlach a passpon-size PhotcgiaPh (front view) taken lvithin iw(! years, Write rtame on back of the deaier subrnitting the license application. Has any liquor business in which you hol'J, cr have held, any financial interest, or are employed, or have been ernpioyed, ever treen cited for any violation of the rules and ,"guluiio6 of Richmond County or the State Revenue Commission relating 'co the saie un-d di=tribution of distilled spirits? ( fiYes ( ) No If yes,givefu lldeiails:-W-La--?-qE--L-14--z--wz---tz=- a-av--e*n---fu-!e*g.- ttt@ta-Z'&k *z tz&' ffu'1. y'ou "r.,.. tror-iiestSd, or hcid h-v Federal, State, or other law-entbrccment authorities, for any violation of any Federal, State, County or Municipal law, regulation or ordinance? (Do not include traffic ,rioiai.ions. rvith ttre exception of any offenses pertaining to alcohol or dmgs^) Ail othor charges ttrust be incluried, et'en il'they are dismissed. 1, ) Yeq (,.4l\ro' , If yes, give reason chargsd or heid, date and place where charged and its disposition. List owner or owners of building and properf-v- LAnATZ 7AB19 19. 20 21. 22. 23. 24 List the name and other required any interest in,the business. information for each person, firm or corporation having 4e 3a9tl-/)*il llJt*,-_?ggz g*,o Fa<L€ Dzz tknaw @;h;r;*e,r'ort fiix *a rtit" tr,.'iiraight line distance from property iine of 'school, church, iibrary" or public recreaticln area to the wall of the the true. 25. I hereby certiff that A-- rs personally known to be, thal he/she signed his/trer name application stating to me that he/she knew and understood all statements and answers made herein, and, under oath actually building where alcchol beverages are sold. a.itt-rr.tt ^,i4e ' "v?: c.) sctrocrl -1*--B.) Librarv ftnq, D.) PubiicRec|eation -Jf!: --Jar3:- State of Gio.giu, Augu.ta-R.ichmon,C Oorrnry. l. -,a"rrfu+ ;7 * Do solemnly-r*"ur,-Subject to the penllties of false s{eyi1S, that the statements and answers matle b:y:m" urlh* applicant inthe fbrg,ring alcoholic beverage dppiicati<.rn are rn that Thi Public OFF'ICE USE ONLY (Approved, Disapproved) the forgoing application' Administrator id statenrents and answers are true.1 , in the year ADI Lf- Date in tt-re year Attachment number 1 \nPage 2 of 2 Item # 8 Commission Meeting Agenda 5/6/2014 2:00 PM Dance Hall Application Department:Planning & Development Caption:Motion to approve a request by Lucretia Haynes for a Dance Hall License to be used in connection with Cheerz Lounge located at 2059 Gordon Hwy. District 5. Super District 9. (Approved by Public Services Committee April 28, 2014) Background:This is a new application. Applicant already has an alcohol license at this location. Analysis:The applicant meets the requirements of the City of Augusta's Ordinance regulating Dance. Financial Impact:The applicant will pay a fee of $121.00. Alternatives: Recommendation:Planning & Development recommends approval. The RCSO recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 9 Augusta Richmond County 1815 Marvin Griffin Road Augusta GA 30906 DANCE HALL APPLICATION (Revised February 2010) 1. 2. aJ. 4. 5. Application Number Name of Business Business Address City Busin'ess Applicant Name and Addreps- Applicant Social Security # '- '- - If Application is a Transfer, list previous Applrcanr: ,*, ,i0 lL{ 6. 7. 6. 9. -_ D.O. E l- Business Location: Map & Parcel zoning-=- Location Manager (s) 10. Is $,fnlicant an American Citizen or Alien lawfully admitted for permanent residency-{rlv.. ( )No 1 1. Corporation (if applicable): OWNERSHIP INFORMATION Date Chartered: 12. Mailing Address: Name of Business Attention Address CitylStatelZip 13. Ownership Type: ( 14. Corporate Name List name and other ired information for each in this business. &h 15. Have you ever applied for a Dance Hall License U.fo."' [UO If so, give year of application and its disposition: If so, please initial 17. Attach a passport-size photograph (front view) taken with two years. Write name on back of the dealer submitting the license application. Attachment number 1 \nPage 1 of 2 Item # 9 ' 18. Have you ever been arrested, or held by Federal, State, or other law-enforcement' authorities, for any violation of any Federal, State, County or Municipal law, regulation or ordinance? (Do not inclu-de traffic violations, with the exception of any offenses pertaining to alcohol or drug cftrges.) All other charges must be included, even if they are dismissed. ( ) Yes V) No Ifyes, give reason charged oi held, date and place where charged and its deposition. of building and 3) persons (nd address) w plicant fog,the five (J) 21. List the prior business of applicant for the past ten (10) years. (Attach to this application.) 22. State of Georgia, Augusta-Richmond County, I and answers made by me as the applicant in the forgoing dance hall application are true. 23. I hereby certi$r that is personally known to be, knew and understood all statements and answers made herein, and under oath actually iwh {*EsE administered by me, has sworn that said statements and answers are true. This / 1 duy ,f- /V*.-or{- , in the year JD /Z__ Notaiy Publhotary Fubiic,-h.rc,-.,,;i.iJ Couniy, Georgia M), CCmmissicn [:y: .- ;:..1e,,,ii g. 2_grlO FOR OFFICE USE ONLY Department Recommendation $pprove Deny Comments Inspector Sheriff Department Fire Inspector (Approved, Disapproved) the foregoirrg application. - Attachment number 1 \nPage 2 of 2 Item # 9 Commission Meeting Agenda 5/6/2014 2:00 PM Amending the 2010 - 2014 Action Plans to Reprogram Community Development Block Grant (CDBG) Funds Department:Housing and Community Development Department (AHCDD) Caption:Discuss as information amending the 2010 - 2014 Action Plans to reprogram $93,403.04 in Community Development Block Grant (CDBG) funds. Background:The primary purpose of this submittal is to provide information to you (Commission) to review and discuss the reprogramming of Program Income $93,403.04 in CDBG funds. This change will trigger amending the Action Plans for the years the funds were allocated. In an effort to stay in compliance with the U.S. Department of Housing and Urban Development's (HUD's) regulatory requirements, any amendments to the Consolidated Plan constituting a “substantial change” must be presented to the public for a 30-day comment period. A “substantial change” is defined as a change that affects the purpose, scope, location, beneficiaries, and administrator of an activity or the transfer of $50,000 or more from any activity identified in the Consolidated Plan. Further, please find attached a copy of our Public Notice which includes our project listing which entails our anticipated estimates and actual allocations. It was anticipated that the City would receive $150,000 each year in program income for years 2010-2014. However, the actual collections exceeded this anticipated amount thus the reason we are before you today. Analysis:Realizing this Program Income enables the Housing and Community Development Department to The additional funds will allow the department to fund and proceed with more projects. Financial Impact:Additional funding available for more projects. Alternatives:Not Any. Recommendation:Accept the Housing and Community Department's (HCD) information presented AS INFORMATION and at the end of the Cover Memo Item # 10 public comment period, HCD will come back before you asking you (the Commission) to approve the anticipated estimates/actual allocations. Additionally, any comments received will be presented to Commission for consideration and approval as well. Funds are Available in the Following Accounts: No Funds Required. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 10 Page 1 of 3 NOTICE TO PUBLIC CITY OF AUGUSTA AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM On Monday, April 28, 2014, the Commission will discuss amending the City’s 2010 through 2014 Action Plans because of the need to reprogram certain CDBG funds. The primary purpose of the discussion is the reprogramming of Program Income $93,403.04 in CDBG funds. This change will trigger amending the Action Plans for the years the funds were allocated. In compliance with the U.S. Department of Housing and Urban Development regulatory requirements, any amendments to the Consolidated Plan constituting a “substantial change” must be presented to the public for a 30-day comment period. A “substantial change” is defined as a change that affects the purpose, scope, location, beneficiaries, and administrator of an activity or the transfer of $50,000 or more from any activity identified in the Consolidated Plan. Below is a listing of projects to be discussed by the Commission: It was anticipated that the City would receive $150,000 each year in program income for years 2010-2014. However, the actual collections exceeded this anticipated amount as listed below: Attachment number 1 \nPage 1 of 3 Item # 10 Page 2 of 3 Fiscal Year 2010-2014 - Program Income Anticipated estimates and Actual allocations. Program Year Anticipated Program Income Actual Program Income Excess Program Income to be Allocated Program Year Activity Amount 2010 150,000.00$ 158,953.13$ 8,953.13$ 2011 150,000.00$ 155,106.58$ 5,106.58$ 2012 150,000.00$ 208,652.49$ 58,652.49$ 2013 150,000.00$ 486,761.47$ 336,761.47$ 2014 150,000.00$ $ 233,929.37*83,929.37$ 2012 Fair Housing 35,000.00$ 2013 Clearance & Demolition (Twiggs Circle)242,850.00$ 2013 Holley Commons - Street Improvements 36,367.00$ 2013 Clearance & Demolition (Scattered Sites)140,000.00$ 2014 CDBG Housing Rehabilitation Program 39,186.04$ Totals:493,403.04$ 493,403.04$ *2014 Program Income received through March 26, 2014. Program Income Allocated to Notice to Public We are proposing to change the current Citizen Participation Plan definition of a substantial change amendment as follows: Current definition: In compliance with the U.S. Department of Housing and Urban Development regulatory requirements, any amendments to the Consolidated Plan constituting a “substantial change” must be presented to the public for a 30-day comment period. A “substantial change” is defined as a change that affects the purpose, scope, location, beneficiaries, and administrator of an activity or the transfer of $50,000 or more from any activity identified in the Consolidated Plan. Proposed definition: In compliance with the U.S. Department of Housing and Urban Development regulatory requirements, any amendments to the Consolidated Plan constituting a “substantial change” must be presented to the public for a 30-day comment period. A “substantial change” is defined as a change that affects the purpose, scope, location, beneficiaries, and administrator of an activity or the transfer of 30% or more from any activity identified in the Consolidated Plan. Attachment number 1 \nPage 2 of 3 Item # 10 Page 3 of 3 Persons desiring to comment on the changes should submit their written comments no later than 5:00 p.m., May 2, 2014 to Karan Carter or Vicki C. Johnson, in care of: Chester A. Wheeler, III, Director Augusta Housing and Community Development Department 925 Laney-Walker Blvd., 2nd Floor, Augusta, Georgia 30901 (706) 821-1797 – TDD (706) 821-1797 Public Comment Period: April 3, 2014 to May 2, 2014 Any comments received will be presented to the Commission on Tuesday, May 6, 2014. At that time, Commission will consider approving the changes being proposed. AUGUSTA-RICHMOND COUNTY COMMISSION By: David S. Copenhaver Corey Johnson William Lockett Mayor Mayor Pro Tempore Admin. Svcs. Chairman & Members of the Augusta-Richmond County Commission Publish: AC- 04/04/2014; MC 04/03/2014 Attachment number 1 \nPage 3 of 3 Item # 10 Commission Meeting Agenda 5/6/2014 2:00 PM Compensation for Airport Director Department:Clerk of Commission Caption:Consider changing the ordinance dealing with the compensation for the Airport Director. (Requested by Commissioner Donnie Smith) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 11 Commission Meeting Agenda 5/6/2014 2:00 PM EEO Director/General Counsel Department: Caption:Discuss the EEO Director and General Counsel matter. (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 # 12 Commission Meeting Agenda 5/6/2014 2:00 PM Laney Walker/Bethlehem (LW/B) Revitalization Project – Bridge Loan Request Department:Housing and Community Development Department (AHCDD) Caption:Approve Laney Walker/Bethlehem Revitalization Project – Bridge Loan Request of $2,500,000.00 to continue existing/future development projects until the next bond issuance in middle to late 2015. Background: On October 1, 2013 the Commission voted to assemble a review team and report back in 60 days regarding Bridge Loan. Continue the redevelopment of the Laney Walker and Bethlehem Historic Districts respectively, additional capital is needed to keep existing momentum and to assist with an array of project development related expenses(see attached: ORIGINAL Budget and UPDATED Budget) critical to continuing the redevelopment work and our commitments (to partners) in several developmental nodes to include most notably: Pine Street/11th Street/12th Street New Construction and Restoration of Single Family Homes on Pine Street and Eleventh (11th) Street, Homeowner Rental Rehabilitation Projects on Eleventh (11th) Street, Market Rate Rental Projects on Twelfth (12th) Street. Twiggs Circle Phase[CAW1] 2 – Acquisition/Demolition/Construction/Restoration/Other of the 1400 block of Twiggs Street; These Phase 2 actions will compliment Phase 1, a partnership with the Augusta Housing Authority, in which we are newly constructing sixteen (16) duplexes and eight (8) single family housing units in Phase I. Phase 1 has already begun. Cover Memo Item # 13 Holley Street Commons New Construction of Single Family Homes, Sound Wall Barrier – design (of) and construction (of). Note: See Budgets for Detailed Listing of All Projects To date, our success is the result of a strategy that has been very carefully implemented, that has yielded noticeable neighborhood improvements which have been appreciated by citizens of each respective neighborhood, and acknowledged by redevelopment and planning professionals both regionally and nationally. Therefore to continue to build upon this success without pause, we (Housing and Community Development Department) need your understanding, commitment and most importantly your support. The details of the Laney Walker /Bethlehem development for the period of July 2013 through October 2015 is attached. The details of the Twiggs Circle project is provided under separate cover. Analysis:If supported by the Augusta City Commission, the Housing and Community Development Department will be able to continue the transformation of Augusta’s Urban Core (Laney Walker & Bethlehem Historic Districts) into a model city for the 21st century. Financial Impact:If approved by the City Commission, the Laney Walker/Bethlehem Revitalization Project will be financially supported by $2,500,000.00 from a source to be determined by the interim Administrator and Finance Director One hundred percent of the borrowed funding ($2,500,000.00) will be paid at the time of the 2015 bond issuance closing. Alternatives:None Recommended. Recommendation:Accept this Bridge Loan Request (and terms) as presented and as substantiated via the Community Planning Assistance Team's Final Report (attached) completed on February 19, 2014. Funds are Available in the Following Not Applicable -- Due to the nature of this request.Cover Memo Item # 13 Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 13 Attachment number 1 \nPage 1 of 8 Item # 13 o o o o o o Attachment number 1 \nPage 2 of 8 Item # 13 o o o Attachment number 1 \nPage 3 of 8 Item # 13 Attachment number 1 \nPage 4 of 8 Item # 13 Attachment number 1 \nPage 5 of 8 Item # 13 Attachment number 1 \nPage 6 of 8 Item # 13 Attachment number 1 \nPage 7 of 8 Item # 13 Attachment number 1 \nPage 8 of 8 Item # 13 Development Synopsis July 25, 2013 Attachment number 2 \nPage 1 of 1 Item # 13 LWB FUNDS NEEDED THROUGH BOND FINANCING JULY 2013 - OCTOBER 2015 AREA/SERVICE BASIS UNITS BOND OTHER NOTES PROJECT MANAGEMENT $1,050,000 27 MONTHS - THROUGH OCTOBER 2015 MARKETING $280,000 27 MONTH - THROUGH OCTOBER 2015 HOLLEY STREET COMMONS $240,000 BUILD CUL-DE-SAC HOLLEY STREET COMMONS $180,000 $180,000 SOUND WALL - DESIGN/BUILD HOME FUNDED UNITS (3)3 $450,000 THE BOULEVARD $50,000 PLANNING FOR STREETSCAPE "CALMING" HERITAGE PINE - PHASE I $85,500 2 $171,000 1221 AND 1246 PINE HERITAGE PINE - PHASE II $85,500 2 $171,000 1244/1246 & 1248 ELEVENTH $100,000 $100,000 SPRUCE STREET INFRASTRUCTURE HOME-FUNDED UNITS (4)4 $620,000 1200 BLOCK OF ELEVENTH STREET; PARK HYDE PARK UNITS (4)4 $380,000 (2) AT ELEVENTH & (2) AT HOLLEY RENTAL REHAB $200,000 MARKET RATE RENTAL [5]$100,000 POTENTIALLY 12TH STREET; 0%, DEF. 7 YRS TWIGGS CIRCLE - Phase I $300,000 $5,250,000 SOIL and DEMO, (2) PARKS; AHA'S PHASE I TWIGGS CIRCLE - Phase IIA $85,500 12 $1,026,000 $1,539,000 1400 BLOCK OF TWIGGS; PHASE IIB $550,000 2 $550,000 INFRASTRUCTURE, CIVIL/NPDES, 2 REHABS RESTORATIONS $15,000 7 $105,000 STABILIZE ARCHITECT/ENGINEER $1,086,500 5%$54,325 DESIGN / INFRASTRUCTURE HISTORICAL TRAIL $50,000 PLANNING DEMOLITIONS $250,000 50 UNITS ACQUISTION/PROPERTY MAINTENANCE $800,000 New Bond Units 25 Bond Cost $5,157,325 $8,759,000 Total Units 36 $13,916,325 Total Development Cost $5,157,325 BOND COST CREDITS COST ASSUMPTIONS PER HOUSE -$1,125,000 SALES PROCEEDS 25% TO GC/PURCHASER 45,000$ -$680,000 HOUSING AUTHORITY REIMBURSEMENT BUYER'S GAP 35,000$ -$85,000 ENGINEERING (FOR TWIGGS ST. LOTS) INTEREST 5,500$ -$220,000 CDBG HOLLEY COMMONS INFRASTRUCTURE 85,500$ -$325,000 BALANCE AVAILABLE 2010 BOND ISSUE $2,722,325 CONTINGENCY (10%)$272,233 TOTAL GAP $2,994,558 22%OF TOTAL DEVELOPMENT COST NOTE: THE 'OTHER' COLUMN INCLUDES PROJECTS FUNDED BY CDBG, 'HOME', PAY-AS-YOU-GO, HOUSING AUTHORITY AND HYDE PARK BUDGETS REVISED: 07-11-2013 Attachment number 3 \nPage 1 of 1 Item # 13 LWB FUNDS NEEDED THROUGH BOND FINANCING BEYOND 2015 - FOCUSED AREA/SERVICE BASIS UNITS TOTAL BOND LEVERAGED NOTES PROJECT MANAGEMENT $560,000 $560,000 20 MONTHS HERITAGE PINE PINE STREET $90,500 5 $1,202,500 $452,500 $750,000 NEW CONSTRUCTION 1 $105,000 RESTORATION/STABILIZATION OF 1246 $20,000 INFRASTRUCTURE ELEVENTH STREET $90,500 5 $1,202,500 $452,500 $750,000 NEW CONSTRUCTION $90,500 1 $240,500 $90,500 $150,000 RESTORATION TWELFTH STREET 11 $1,100,000 $550,000 $550,000 11 MARKET RATE RENTAL UNITS TWIGGS CIRCLE - Phase I SENIOR HOUSING $5,250,000 $5,250,000 A.H.A. 40 UNITS TWIGGS CIRCLE - Phase II TWIGGS STREET $90,500 4 $962,000 $362,000 $600,000 NEW CONSTRUCTION TWIGGS STREET $90,500 1 $240,500 $90,500 $150,000 RESTORATION/STABILIZATION OF 1420 TWIGGS $180,000 INFRASTRUCTURE AND DESIGN RESTORATIONS $15,000 5 $75,000 $75,000 STABILIZATION OF INVENTORY HISTORICAL TRAIL - Phase I $100,000 $100,000 ARCHITECT/ENGINEER $2,478,000 5%$123,900 $123,900 DEMOLITIONS (20)$213,100 $213,100 ACQUISITION $215,000 $215,000 PROPERTY MAINTENANCE $160,000 $160,000 New Bond Units For Sale 15 $11,645,000 $3,750,000 $8,200,000 TOTAL Units 28 $3,750,000 BOND COST CREDITS COST ASSUMPTIONS PER HOUSE -$750,000 SALES PROCEEDS * 25% TO GC/PURCHASER *50,000$ -$500,000 LAND SELLS (@ TWIGGS, FOUNDRY, ETC.) BUYER'S GAP 35,000$ -$2,500,000 BRIDGE LOAN INTEREST 5,500$ 90,500$ TOTAL GAP $0 * SALES PROCEEDS RECAPTURED DURING SALE AT RATE OF $50,000 PER UNIT FROM GC/PURCHASER GAP NOTE: CONSTRUCTION FUNDS LEVERAGED AT 4:1 USING BANK LOANS. INFRASTRUCTURE PROJECTS NOT INCLUDED; REQUIRES LONGER PAY BACK REVISED: 03-10-2014 Attachment number 4 \nPage 1 of 1 Item # 13 Attachment number 5 \nPage 1 of 1 Item # 13 Attachment number 6 \nPage 1 of 1 Item # 13 Commission Meeting Agenda 5/6/2014 2:00 PM Open/vacant positions Department: Caption:Receive report from HR Director regarding ARC open/vacant positions. (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 # 14 Commission Meeting Agenda 5/6/2014 2:00 PM Personnel Board Department: Caption:Discuss the authority/power of the Augusta-Richmond County Personnel Board. (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 # 15 Commission Meeting Agenda 5/6/2014 2:00 PM Procurement Director salary increase Department: Caption:Approve salary increase for the Procurement Director of $113,000; funding source will be the elimination of a position in the print shop and on the condition that Procurement and Law Departments execute appropriate release agreement. (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 # 16 Commission Meeting Agenda 5/6/2014 2:00 PM Resolution of Support Approval (15th Street Redevelopment – Phase 1) Department:Housing and Community Development Department (AHCDD) Caption:Motion to approve the resolution supporting the Augusta Housing Authority and Walton Communities, LLC’s application for low income housing tax credits to be named 15th Street Redevelopment – Phase 1. Background:15th Street Redevelopment Phase 1 will be developed, built and managed through the joint efforts of Walton Communities and the Augusta Housing Authority. This development will consist of 106 one-, two- and three-bedroom units displaying exceptional interior appointments with the highest quality elevations. The community will be developed and constructed with low-income tax credits allocated by the Georgia Department of Community Affairs. As such, the units serve moderate-income families earning 60% or less of the area median income. These income restrictions allow for maximum household incomes approximately ranging from $23,880 for a family of one to $39,540 for a family of six. In order to reach these potential residents, marketing efforts will reach out to work-force employment centers such as the call centers in the area, retail and service industries, local government employees, teachers and seniors. 15th Street Redevelopment Phase 1 will offer a laundry facility, a community room set aside for resident use and a covered porch as well as a playground. Programs will also be available for adults which traditionally have included programs such as Moms & Tots and the Single Parent Night Out. Additional community amenities will include a pavilion with picnic tables and grills for residential use. Floorplans at 15th Street Redevelopment Phase 1 will include spacious one, two and three-bedroom homes with a host of elegant interior features such as crown molding, 9-ft. ceilings, Whirlpool appliances with self- cleaning ovens, separate laundry rooms with pantry shelving and convenient raised vanities in the baths. Each home will be pre- wired for home office technology with high-speed internet and fax capabilities. Some plans will also feature built-in computer stations and garden tubs. Note #1: This is the old Sun Set/Cherry Tree Crossing Site. Analysis:15th Street Redevelopment is a 30-acre mixed-use and master Cover Memo Item # 17 planned community developed and built by Walton Communities, LLC in association with the Augusta Housing Authority. The community consists of multiple phases: • Family Phases I & II – 181 apartment units (Affordable) o 15th Street Redevelopment Phase 1 will include 106 units • Senior Phases I & II – ± 125 age- restricted (55+) apartments (Affordable) The mission of the developer in the creation of 15th Street Redevelopment is to utilize the support of civic organizations, governmental authorities and residential neighbors in providing neighborhoods that matter in a mixed income and mixed tenure housing environment with first-class amenities in an aesthetically superior combination of land planning, architectural elements and landscaping. Financial Impact:There is no financial commitment on the part of Augusta- Richmond County. However, it will assist Walton Communities, LLC and the Augusta Housing Authority if the City of Augusta (thru the Commission) chooses to back their proposed project. This will boost their application in hopes of receiving funding from other sources. Alternatives:Not Any. However, not backing the project could result in the possible denial of the applicant’s applications Recommendation:Given the success of Walton Oaks previous phases, we (Housing and Community Development Department) recommend that the City of Augusta (thru the Commission) back this project and approve the attached resolution. Funds are Available in the Following Accounts: Not Any. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 17 & 15th Street Redevelopment Phase 1 Of the Cherry Tree Crossing Redevelopment A Main Street Neighborhood Augusta, Georgia Description of Proposed Project Submitted by WALTON COMMUNITIES, LLC 2181 Newmarket Parkway Marietta, GA 30067 Attachment number 1 \nPage 1 of 9 Item # 17 & 15th Street Redevelopment Phase 1 A Main Street Neighborhood Augusta, Georgia Description of Proposed Project Overview 15th Street Redevelopment is a 30-acre mixed-use and master planned community developed and built by Walton Communities, LLC in association with the Augusta Housing Authority. The community consists of multiple phases: Family Phases I & II – 181 apartment units (Affordable) o 15th Street Redevelopment Phase 1 will include 106 units Senior Phases I & II – ± 125 age-restricted (55+) apartments (Affordable) The attached site plan indicates all four phases – the Senior Phases and the Family Phases. The mission of the developer in the creation of 15th Street Redevelopment is to utilize the support of civic organizations, governmental authorities and residential neighbors in providing neighborhoods that matter in a mixed income and mixed tenure housing environment with first-class amenities in an aesthetically superior combination of land planning, architectural elements and landscaping. Attachment number 1 \nPage 2 of 9 Item # 17 & 15th Street Redevelopment Phase 1 A Main Street Neighborhood Augusta, Georgia15th Street Redevelopment Phase 1 Description of Proposed Project General Description 15th Street Redevelopment Phase 1 will be developed, built and managed through the joint efforts of Walton Communities and the Augusta Housing Authority. This development will consist of 106 one-, two- and three-bedroom units displaying exceptional interior appointments with the highest quality elevations. The community will be developed and constructed with low-income tax credits allocated by the Georgia Department of Community Affairs. As such, the units serve moderate-income families earning 60% or less of the area median income. These income restrictions allow for maximum household incomes approximately ranging from $23,880 for a family of one to $39,540 for a family of six. In order to reach these potential residents, marketing efforts will reach out to work-force employment centers such as the call centers in the area, retail and service industries, local government employees, teachers and seniors. 15th Street Redevelopment Phase 1 will offer a laundry facility, a community room set aside for resident use and a covered porch as well as a playground. Programs will also be available for adults which traditionally have included programs such as Moms & Tots and the Single Parent Night Out. Additional community amenities will include a pavilion with picnic tables and grills for residential use. Floorplans at 15th Street Redevelopment Phase 1 will include spacious one, two and three-bedroom homes with a host of elegant interior features such as crown molding, 9- ft. ceilings, Whirlpool appliances with self-cleaning ovens, separate laundry rooms with pantry shelving and convenient raised vanities in the baths. Each home will be pre- wired for home office technology with high-speed internet and fax capabilities. Some plans will also feature built-in computer stations and garden tubs. Attachment number 1 \nPage 3 of 9 Item # 17 & 15th Street Redevelopment Phase 1 A Main Street Neighborhood Augusta, Georgia Description of Proposed Project Programs and Services Walton Communities, Inc. serves the residents of all its communities with a number of special programs and social services. Our Resident Service Programs help create an enriching environment for the families and individuals who choose Walton Communities as the place to call home. These opportunities include: Kids’ Club program for children from kindergarten through 5th grade Moms & Tots program for mothers and small children Single Parents program offering trips, seminars, fun and fellowship Family Life Library and computer-equipped Media/Business Center Advanced Cardio Fitness Center State-of-the-art playground park Book-of-the-Month Club offering free books to residents Camp scholarships Individual & family counseling. Walton Communities pays for four visits per family. Cultural Enrichment Program offers local cultural opportunities to residents on a monthly basis. Walton Communities reimburses residents 90% of the cost of these activities. Recent venues have included Fernbank Science Center, Atlanta Botanical Gardens, the Center for Puppetry Arts and Zoo Atlanta. Partners in Education. Walton Communities partners with many of the schools that serve our apartment communities. Attachment number 1 \nPage 4 of 9 Item # 17 & 15th Street Redevelopment Phase 1 A Main Street Neighborhood Augusta, Georgia Description of Proposed Project Architectural and Landscaping Architectural Design The project will be designed in an architectural style consistent with historic downtown Augusta, utilizing features which are present in neighboring properties. These include the use of brick and hardi exteriors, standing seam metal roof accents, and attractive decks and patios with enlarged columns. Construction materials will include hardi siding in a neutral palette, accented with brick and masonry. Tilt-out insulated aluminum windows will provide an attractive exterior appearance as well as excellent energy efficiency. All ground floor units will be handicap accessible and as such will be fitted with all appropriate handicap features as required by local and federal building codes. Several apartment units will be handicap adaptable and some will have features specifically designed for those with audio &/or visual impairments. Landscaping and Site Design Walton Communities places great emphasis on landscaping to provide lush streetscapes, mature trees and shrubs, colorful seasonal annual and perennial beds and impressive community entrances. 15th Street Redevelopment will continue this tradition by insuring that all planted areas contain landscape materials of high-quality and above-average size. All trees will be a minimum caliper size of 2” in diameter and shrubs shall have a minimum height of 24”. Ground covers shall be a minimum size of 1 gallon and placed a minimum of 18” on center. Areas of central focal point will include the amazingly preserved large caliper oaks on the site, sodded lawns, seasonal planting beds and attractive fencing. High-end entry signage will be comparable to other Walton communities. Attachment number 1 \nPage 5 of 9 Item # 17 & 15th Street Redevelopment Phase 1 A Main Street Neighborhood Augusta, Georgia Description of Proposed Project Target Market The residents are offered the peace of mind that comes with living in a gated community, along with first-class amenities including fitness center, a state-of-the-art playground, and picnic areas conveniently positioned throughout the neighborhood. 15th Street Redevelopment will serve a workforce market and as such, these residents will derive a great value from the kid’s clubs programs. These activities are specially planned with different age groups in mind and will include educational and enrichment programs, field trips and mentoring opportunities. The community will also serve the adult residents by sponsoring programs such as Moms & Tots and the Single Parents Night Out. Family outings to local cultural activities will be encouraged through the reimbursement of 90% of the costs. Additionally, other field trips and social functions are sponsored throughout the year. Many of these residents will use these functions as their primary opportunity for social interaction. Attachment number 1 \nPage 6 of 9 Item # 17 & 15th Street Redevelopment Phase 1 A Main Street Neighborhood Augusta, Georgia Description of Proposed Project Unit Mix Unit Mix for Family Apartments (15th Street Redevelopment Phase 1) Unit Mix # Phase 1 Units Unit Size 1-BR/1-BA ± 20 ± 750 sq. ft. 2-BR/2-BA ± 40 ± 1050 sq. ft. 3-BR/2-BA ± 20 ± 1250 sq. ft. Attachment number 1 \nPage 7 of 9 Item # 17 & 15th Street Redevelopment Phase 1 A Main Street Neighborhood Augusta, Georgia Description of Proposed Project DCA Required Amenities Standard Site Amenities 1. Community Room 2. Covered Porch Located in a central area 3. On-site laundry with a minimum of 3 washers and 3 dryers 4. Washer / Dryer Hookups in each unit 5. Equipped Playground 6. Covered Pavilion with Picnic / Bar B Que Facilities Unit Amenities 1. HVAC Systems 2. Energy Star Refrigerators 3. Built in Energy Star Dishwasher 4. Stoves 5. Powder-based stovetop fire suppression canisters installed above the range cook top, or electronically controlled solid cover plates over stove top burners Attachment number 1 \nPage 8 of 9 Item # 17 & 15th Street Redevelopment Phase 1 A Main Street Neighborhood Augusta, Georgia Description of Proposed Project Additional Amenities Additional Amenities Descriptions Furnished library Equipped Computer Center Fully-equipped kitchens featuring Whirlpool electric range, dishwasher, refrigerator with icemaker, and disposal Traditional oak cabinetry with generous counter space Breakfast bar Double bowl stainless steel kitchen sink with spray Spacious walk-in closets with double rods for maximum efficiency Roomy master bath with linen closet and dressing table Ceiling fans Six-panel doors and 9’ ceilings Cable outlets in living room and all bedrooms Energy-efficient double-pane windows Computer desk with pre-wiring for home office technology and high-speed internet and fax capabilities Attachment number 1 \nPage 9 of 9 Item # 17 15th STREET DEVELOPMENT A RESOLUTION SUPPORTING AUGUSTA HOUSING AUTHORITY AND WALTON COMMUNITIES, LLC’S APPLICATION FOR LOW INCOME HOUSING TAX CREDITS FOR 15th STREET DEVELOPMENT, PHASE 1, LOCATED AT 1694 HUNTER STREET, AUGUSTA, GA. WHEREAS, the Georgia State Department of Community Affairs serves a vital role in its efforts in assisting with the development of housing in the State of Georgia by: · Improving the living environment for residents of Georgia; · Revitalizing areas and contributing to the improvement of neighborhoods; and · Building sustainable communities; and WHEREAS, the Department of Community Affairs has established certain regulations whereby low-income housing tax credit applications, to be competitive, should receive a Resolution of Support by the governing authority or the pertinent municipality or county; and WHEREAS, the Augusta Housing Authority and Walton Communities, LLC are preparing to develop phase 1 of 15th Street Development consisting of affordable apartment communities at 1694 Hunter Street, Augusta, GA; and WHEREAS, the project will consist of multiple phases; including one phase of +/- 80 units for families of all ages; and WHEREAS, the project is part of Augusta-Richmond County’s holistic “place based” strategic initiative for rebuilding this portion of Augusta, including the former Cherry Tree Crossing neighborhood, being a severely stressed neighborhood; and WHEREAS, the project will be required to include areas within the project set aside as greenspace; and WHEREAS, the project is part of Augusta-Richmond County’s Community-Driven Housing Strategy; and WHEREAS, the project is designated as the highest affordable housing priority redevelopment in Augusta-Richmond County in the year 2014; and WHEREAS, the Board and Commissioners understands and supports this projects efforts in the development of phase 1 of 15th Street Development. OW, THEREFORE BE IT RESOLVED: That the Board and Commissioners of Augusta Richmond County, Georgia, that this Resolution of Support is hereby adopted on behalf of Augusta Housing Authority and Walton Communities, LLC for property located at 1694 Hunter Street in Augusta Richmond County, effective the date set forth below. Attachment number 2 \nPage 1 of 2 Item # 17 15th Street Development (Phase 1) Resolution of Support April 2, 2014 Page 2 ATTEST: AUGUSTA, GEORGIA By: __________________________________________ David S. Copenhaver Mayor _________________________________ Lena J. Bonner Clerk of Commission CERTIFICATION I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy of a Resolution as adopted by said AUGUSTA-RICHMOND COUNTY COMMISSION in the meeting held on May 15, 2012. S E A L _____________________________________ Lena J. Bonner Clerk of Commission Attachment number 2 \nPage 2 of 2 Item # 17 Commission Meeting Agenda 5/6/2014 2:00 PM SPLOST VII Department: Caption:Discuss SPLOST VII $5M allocation for Administrator/Mayor's "Project Administration" and the legality of outside agencies receiving SPLOST funds and the generally accepted practices of other municipalities as it relates to outside agencies in particular, private, state, non-profit and not-for-profit agencies. (Requested by Commissioner Alvin Mason) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 18 Attachment number 1 \nPage 1 of 15 Item # 18 Attachment number 1 \nPage 2 of 15 Item # 18 Attachment number 1 \nPage 3 of 15 Item # 18 Attachment number 1 \nPage 4 of 15 Item # 18 Attachment number 1 \nPage 5 of 15 Item # 18 Attachment number 1 \nPage 6 of 15 Item # 18 Attachment number 1 \nPage 7 of 15 Item # 18 Attachment number 1 \nPage 8 of 15 Item # 18 Attachment number 1 \nPage 9 of 15 Item # 18 Attachment number 1 \nPage 10 of 15 Item # 18 Attachment number 1 \nPage 11 of 15 Item # 18 Attachment number 1 \nPage 12 of 15 Item # 18 Attachment number 1 \nPage 13 of 15 Item # 18 Attachment number 1 \nPage 14 of 15 Item # 18 Attachment number 1 \nPage 15 of 15 Item # 18 Commission Meeting Agenda 5/6/2014 2:00 PM SPLOST VII Department: Caption:Discuss the removal of SPLOST VII from the ballot and rework it to deal with infrastructure, and bring back at the appropriate time. (Requested by Commissioner Alvin Mason) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 19 Attachment number 1 \nPage 1 of 15 Item # 19 Attachment number 1 \nPage 2 of 15 Item # 19 Attachment number 1 \nPage 3 of 15 Item # 19 Attachment number 1 \nPage 4 of 15 Item # 19 Attachment number 1 \nPage 5 of 15 Item # 19 Attachment number 1 \nPage 6 of 15 Item # 19 Attachment number 1 \nPage 7 of 15 Item # 19 Attachment number 1 \nPage 8 of 15 Item # 19 Attachment number 1 \nPage 9 of 15 Item # 19 Attachment number 1 \nPage 10 of 15 Item # 19 Attachment number 1 \nPage 11 of 15 Item # 19 Attachment number 1 \nPage 12 of 15 Item # 19 Attachment number 1 \nPage 13 of 15 Item # 19 Attachment number 1 \nPage 14 of 15 Item # 19 Attachment number 1 \nPage 15 of 15 Item # 19 Commission Meeting Agenda 5/6/2014 2:00 PM 2014 Replacement of Obsolete Computer Equipment Department:Information Technology Caption:Motion to approve the replacement of obsolete computer equipment (laptops, computers, servers, printers, scanners, switches, routers, other telecommunication devices, and MDTs) as well as the purchase of any required computer software upgrades. (Approved by Public Safety Committee April 28, 2014) Background:In an effort to provide the employees of Augusta Richmond County with current technology, the Information Technology Department (IT) schedules the replacement of EOL (end of life) equipment that, due to age and capability, is not compatible with current standards and is unable to support current software requirements. Information Technology developed an IT Technology Replacement plan that replaces obsolete computers every 4 years and printers every 5 -6 years (the normal life expectancy for the equipment). The replacement of desktop computers will consist of all computers that are not capable of meeting current software needs and the scheduled printers, laptops, servers, scanners, and MDTs. Information Technology is also continuing with the standardization of current operating systems and Microsoft Office products throughout the organization. Therefore, required computer software and hardware upgrades may need to be purchased for the computers that are not scheduled to be replaced. Regardless of funding source, all technology equipment removed from production will be disposed of in accordance with the technology disposal policy previously approved by the Commission. Inoperable equipment will be taken to the electronic recycling drop point at the Augusta Richmond County Landfill. Qualified equipment that meets determined specifications will either be sold in the Employee Lottery or redistributed to appropriate locations for use in Community Outreach Programs (i.e. Recreation Department Community Centers). All other functional equipment will be taken to the Fleet Department for sale at auction. All data will be erased from any devices using a DOD certified hard drive eraser. Analysis:Currently there are approximately 2000 desktop computers, 500 laptops, and 400+ MDTs deployed by the city. The life Cover Memo Item # 20 expectancy of a computer is 4-5 years. In some cases, these computers, servers, printers, laptops, and MDTs are incapable of operating the software required by the current business environment. Certain printers in operation are no longer capable of printing documents of acceptable quality. These items will be purchased through the state contract or through some other means that meets current Procurement requirements. (SWC90813-04; 99999-SPD-T20120501-0011; 99999-SPD-T20120702-0003; GS- 35F-0195J; S000546-044; 252-001-09-1; 250-000-09-1; 252-030- 09-ACS; SPD-0000021-0005; SWC90814-02; 252-000-09-ACS; and SWC-90813). Financial Impact:The approximate estimated cost for the items identified as needing to be replaced or upgraded is $1,150,000.00. Funds for these replacements are included in the Information Technology 2014 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, projects, and normal business processes. Supporting and maintaining this out-of-date equipment another year could result in unpredictable outcomes, reduced efficiency for certain departments, and an increased risk of failure. Recommendation:Approve the replacement of obsolete computer equipment (laptops, computers, servers, printers, scanners, switches, routers, other telecommunication devices, and MDTs), the purchase of any required computer software or hardware upgrades, and the reallocation of equipment. 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 # 20 Commission Meeting Agenda 5/6/2014 2:00 PM ArcGIS Server Support for 2014 Department:Information Technology Caption:Motion to approve purchase of ESRI Professional Services for the Information Technology Department. (Approved by Public Safety Committee April 28, 2014) Background:Since 1997, Augusta has acquired a vast amount of data related to Geographic Information Systems (GIS), including digital orthophotography (computerized aerial maps) for several years. Likewise, the breadth and depth of data that is captured by the IT GIS Group and our customer departments has increased. Augusta IT is enhancing our GIS web site and gathering additional aerial photography, as well as supporting other departments with major implementations which include important GIS components. ESRI is the company that manufactures our GIS software, and they have professional services that are available to assist customers with configuration of all hardware, software, and database platforms so that GIS maintains optimum availability. Analysis:The proposed services provide Augusta with 39 hours of remote ad-hoc, operational based consulting services to assist with troubleshooting, configuring, extending, and enhancing our GIS server environment. This support will provide Augusta with assistance in several critical areas: Setup and Configuration, Services, Administration and Diagnostics, Data Sources, Caching, Performance and Scalability Considerations, and Enterprise GIS Resource Management. The popularity of our online maps and the trend toward geographically-based data query (through many of our business systems) means that our servers should be operating efficiently to handle the increased workload. The original agreement with ESRI required commission approval, so this additional agreement for services with ESRI is being submitted through the Commission for approval. Financial Impact:Up to $10,129 funded through SPLOST funds set aside for digital orthophotography, since the services deal with the platform on which the data will reside and be made available to the public.Cover Memo Item # 21 Alternatives:N/A Recommendation:Approve Purchase of ESRI Professional Services Funds are Available in the Following Accounts: GL 328012110.5424910 JL 211925101.5424910 REVIEWED AND APPROVED BY: Procurement. Information Technology. Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 21 ArcGIS Server Consulting Support Prepared for: Ms. Michele Pearman, GIS Project Leader City of Augusta, GIS Division 530 Green Street Augusta, GA 30911 March 10, 2014 Esri Quote Number: P14-11482 Attachment number 1 \nPage 1 of 7 Item # 21 Copyright © 2014 Esri All rights reserved. Printed in the United States of America. The information contained in this document is the exclusive property of Esri. This work is protected under United States copyright law and other international copyright treaties and conventions. Esri grants proposal recipient the right to internally redistribute this document to proposal recipient's management and staff on a need-to-know basis, so long as proposal recipient does not remove or obscure any Esri or its licensors' patent, copyright, trademark, or proprietary rights notices contained in or affixed to this document. No part of this work may be reproduced or transmitted to third parties (except for consultants under a confidentiality obligation who are involved in the proposal evaluation process) in any form or by any means, electronic or mechanical, including photocopying and recording, or by any information storage or retrieval system, except as expressly permitted in writing by Esri. 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Other software, data or documentation deliverables may have been developed at private expense and for such items in no event shall the US Government acquire greater than RESTRICTED/LIMITED RIGHTS. Software, data or documentation deliverables, if developed at government expense is subject to restrictions and requirements as set forth in FAR §52.227-14 Alternates I, II, and III (DEC 2007) or DFARS 252.227-7013 and 252.227-7014, as applicable. Contractor/Manufacturer is Esri, 380 New York Street, Redlands, CA 92373-8100, USA. 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CityEngine is a registered trademark of Procedural AG and is distributed under license by Esri. Other companies and products or services mentioned herein may be trademarks, service marks, or registered marks of their respective mark owners. This document contains commercial or financial information or trade secrets of Esri, which are confidential and exempt from disclosure to the public under the Freedom of Information Act 5 USC 522(b)(4), and unlawful disclosure thereof is a violation of the Trade Secret Act 18 USC 1905. This proposal includes data that shall not be disclosed outside of the Procuring Entity and shall not be duplicated, used, or disclosed in whole or in part for any purpose other than to evaluate this proposal. If, however, a contract is awarded to this offeror as a result of or in connection with the submission of this data, the Procuring Entity shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting contract. This restriction does not limit the Procuring Entity’s right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction are contained on all sheets of this proposal. Attachment number 1 \nPage 2 of 7 Item # 21 ArcGIS Server Consulting Support Introduction: The City of Augusta (Augusta) has requested Environmental Systems Research Institute, Inc. (Esri) Professional Services to provide remote ad-hoc ArcGIS Server consulting services. The quote below describes the scope of services, schedule, pricing, terms and conditions, and purchasing instructions. Scope of Services: ArcGIS Server Consulting Support Esri will provide up to 39 hours of remote ad-hoc, operational based consulting services to assist Augusta with troubleshooting, configuring, extending, or enhancing their ArcGIS Server environment. It is anticipated that consulting services will include the following topics: • Technology transfer to the Augusta staff on processes to update, maintain, and administer out of the box and custom web applications and services. • ArcGIS Server application developer support services including best practices, knowledge transfer, prototype development, and application template configuration This activity will be supported remotely from Esri’s offices. The Esri consultant(s) will work with direction from Augusta’s technical staff and management. Esri Responsibilities • Provide up to 39 hours of consulting services as described above. Augusta Responsibilities • Communicate project needs and priorities to the Esri consultant • Provide appropriate staff to direct support and consulting activities • Provide the Esri Consultant with access to systems environment and databases, as required • Provide temporary administrative access to the Esri consultant during consulting support, as needed Assumptions • Esri will not decompile, make, or otherwise update any 3rd party provided ArcGIS Server Web applications. • Esri staff will have access to server accounts with administrative privileges (temporary administrator accounts or assigned resource to work closely with Esri) where appropriate. • Where appropriate, Esri staff will have access to a workstation on Augusta’s network to perform support tasks. This workstation must have access to the servers in which the properly licensed ArcGIS software resides. • All servers will be available and on the network Esri Quote No. P14-11482 1 March 10, 2014 RQT131112 Attachment number 1 \nPage 3 of 7 Item # 21 ArcGIS Server Consulting Support Schedule: The schedule will be mutually agreed upon between Augusta and Esri within 10 days after contract award. Esri understands the importance and timeliness of this effort, and will endeavor to meet Augusta’s schedule goals. Pricing: The pricing provided below has been estimated based upon an anticipated award of a Time-and-Materials (T&M) contract. The required labor hours and other burdened direct cost items (ODCs) have been estimated based upon prior experience with work of a similar nature. The total not-to-exceed (NTE) price for the quoted Scope of Services is $10,129 and is based on the standard Esri terms and conditions contained in the attached Implementation Services Time and Materials Agreement numbered 2013C9541. This quote is valid for a period of 90 days from the submittal date above. This price is exclusive of any applicable federal, state and/or local taxes including any foreign taxes, value-added tax, customs, or duties for which Augusta shall remain responsible. Esri anticipates using staff from the GIS System/Software Developer (S2) labor category. Depending on the level of expertise required to perform certain activities during this engagement, Esri may be required to utilize other Esri staff members with a different skill-set and labor category. The following table shows the proposed NTE pricing for this work by Activity. Price by Activity Activity Description Estimated Labor ($) Estimated Travel ($) Price ArcGIS Server Consulting Support $10,129 $0 $10,129 Total Not-to-Exceed (NTE) Price: $10,129 T&M consulting services will be conducted under the following conditions: • In the event Esri completes the Scope of Services for less than the NTE budget, Augusta will only be invoiced for the actual hours expended plus ODCs. • In the event Esri reaches the NTE budget limit before the Scope of Services is completed, Augusta will have the option to either (a) increase the contract funding in order to allow the work to continue; or (b) instruct Esri to stop work. If Augusta chooses to stop work, Esri will do so without liability. • Esri reserves the right to reallocate the project funding between Scope of Services activities and/or ODCs, as necessary to facilitate the work effort, provided the overall contract price is not exceeded. All work will be accomplished in accordance with the Scope of Services with the deliverable being consulting time. If additional work is requested by Augusta in writing beyond the scope of this quote, Esri Quote No. P14-11482 2 March 10, 2014 RQT131112 Attachment number 1 \nPage 4 of 7 Item # 21 ArcGIS Server Consulting Support Esri will provide an updated quote. Augusta will be invoiced on a monthly basis for services provided by Esri during the previous 30-day period. Services will be billed at the rates and labor categories applicable when work is performed. Monthly invoices for services shall be calculated on the basis of actual hours expended during the previous month, multiplied by the appropriate labor rate, plus ODCs. Invoices are to be paid within 30 days of receipt. Purchasing: To order these services as quoted, please email the following two (2) items to Andy Potts at apotts@esri.com or fax to (704) 541-7620. 1. Purchase Order: • In the amount of the Total NTE Price above • Referencing this quote (P14-11482), dated 03/10/13 • Referencing the attached Implementation Services Time and Materials Agreement numbered 2013C9541 2. Attached Implementation Services Time and Materials Agreement numbered 2013C9541 executed on page 5 of the Agreement by the listed authorized individuals of Augusta, GA. 3. Copy of this quote. When we receive these completed documents, Esri will contact you to discuss staff assignment and schedule. We look forward to supporting you. Contact: Andy Potts Professional Services Coordinator Esri Implementation Services 3325 Springbank Ln, Suite 200 Charlotte, NC 28226 Tel#: (704) 541-9810 Ext. 8675 Fax#: (704) 541-7620 Email: apotts@esri.com www.esri.com Esri Quote No. P14-11482 3 March 10, 2014 RQT131112 Attachment number 1 \nPage 5 of 7 Item # 21 TIME AND MATERIALS RATE SCHEDULE Effective January 1, 2014 Hourly time and materials labor rates have been provided for each labor category for calendar year 2014. The hourly labor rates for services that are performed after 2014 may be escalated in an amount not to exceed five percent (5%) each year. Other direct costs, such as travel, reproduction, subcontractor, telecommunication/freight, or materials, will be charged a material handling fee and invoiced. GIS Technical Specialist/Engineer (S1) Hourly Rate: $197 Staff members in this labor category work collaboratively with software designers to perform software coding and the writing of software documentation according to design specifications developed by senior technical staff described below. As a group, these staff members are experienced in the coding of software and the creation of digital databases, as well as in software development associated with Esri's commercial off-the-shelf (COTS) software products; web, desktop, or server software development languages; geospatial data formats; and other technologies. These individuals also develop effective database designs, implement data conversion processes and procedures, and perform software and database quality control. GIS System/Software Developer (S2) Hourly Rate: $254 Staff members in this labor category support the design of technical project specifications for the implementation of application software projects and database development projects. They support the day-to-day technical activities of the project team and ensure that standard system methodologies are employed. They also perform detailed software design and detailed database conversion design and are directly involved in the coding and implementation of complex and strategic portions of application software and database conversion projects. As a group, these staff members are proficient in Esri COTS software products; web, desktop, and server software development languages; geospatial data formats; and other technologies. These staff members design and develop QA/QC programs and support design and code reviews, database reviews, and other QA/QC activities throughout the project life cycle. Senior GIS System/Software Architect (S3) Hourly Rate: $312 Staff members in this labor category provide the overall technical vision and system architecture for large, complex systems. They support the application of sound software engineering principles and life cycle methodologies to programs/projects. These individuals are actively involved in systems architecture design, application software design, database process design, and the directing of coding development including the supervision of design and code reviews. These staff members may serve as principal investigators in focused studies or research and development projects. Individuals in this labor category have broad technical knowledge of geographic information system (GIS) applications and related information technologies and may also provide specific expertise in areas such as web-based software applications, service-oriented architectures, data warehousing, spatial analysis, and modeling. As a group, these staff members are proficient in Esri COTS software products; software and database design methodologies; web, desktop, and server software development languages; geospatial data formats; and other technologies. J7264-a 2014 1 October 2013 Attachment number 1 \nPage 6 of 7 Item # 21 GIS Consultant/Project Manager (M1) Hourly Rate: $239 Staff members in this labor category provide day-to-day consulting and management for contracted projects within Esri. These individuals work under the guidance of senior Esri managers described herein and support the design and implementation of project work plans. These staff members may provide consulting services and design and management support to software application development projects and database conversion projects. They may also conduct detailed requirements interviews, document application requirements, develop logical and physical database designs using standard engineering diagramming methodologies, design software and database QA/QC programs, and provide management oversight of daily technical activities. These staff members work with senior consulting and technical staff to design comprehensive work plans that employ standard system methodologies that define project deliverables, milestones, and realistic schedules. These individuals work with Esri administrative staff to ensure that progress and financial reporting is provided according to contract requirements. Senior GIS Consultant/Project Manager (M2) Hourly Rate: $301 Staff members in this labor category work as project managers or project advisers, providing strategic consulting and project management activities for GIS and information technology (IT) projects. These staff members have market/application domain expertise using extensive experience in GIS and related geospatial technologies to support the successful completion of a project. Consulting activities may include strategic planning, GIS workshops and seminars development, requirements definition, application and database design, and system integration. Management activities may include defining project requirements and objectives, establishing budgets and schedules, allocating staff and other resources, and managing and overseeing subcontractor activities. These individuals may also design comprehensive work plans that employ standard system methodologies that define project deliverables and milestones and realistic schedules. Principal GIS Consultant/Program Manager (M3) Hourly Rate: $397 Staff members in this labor category work as program directors or project advisers, providing project vision, strategic consulting, and program management activities for GIS and IT projects. These staff members apply market/application domain expertise using extensive experience in GIS and related geospatial technologies to support the successful completion of the program. Consulting activities may include strategic planning, review and oversight of requirements definitions, application and database design, and system integration. Management activities may include defining program requirements and objectives, establishing budgets and schedules, allocating staff and other resources, and managing and overseeing subcontractor activities. Staff members in this labor category work with senior client staff in coordination with Esri senior management to resolve issues and support successful project completion. GIS Database Specialist/Analyst (DB) Hourly Rate: $166 Staff members in this labor category provide database development support in creating cartographic and digital data products. These staff members have expertise that includes the performance of hard copy to digital data conversion tasks, data migration, and translation activities utilizing advanced processing techniques in ArcGIS. These individuals design, develop, and implement efficient production tools and workflows in accordance with approved project plans and design parameters. J7264-a 2014 2 October 2013 Attachment number 1 \nPage 7 of 7 Item # 21 IMPLEMENTATION SERVICES TIME AND MATERIALS AGREEMENT Esri, 380 New York St., Redlands, CA 92373-8100 USA • TEL 909-793-2853 • FAX 909-793-5953 G363BM 2013C9541 Page 1 of 5 06/14/2010 December 10, 2013 1. DEFINITIONS "Commercial off the Shelf Software" or "COTS Software" means all or any portion of Esri's proprietary software technology accessed or downloaded from an authorized Esri Web site or delivered on any media in any format, including backups, updates, service packs, patches, hot fixes, or permitted merged copies, available under license to the general public. "Services Output" means any tangible output produced as a result of the Services provided by Esri under this Agreement. Services Output can include, but is not limited to, reports, training materials, and custom software code. "Map Data" means any digital dataset(s) including geographic, vector data, coordinates, raster, or associated tabular attributes supplied by either party for use in the performance of this Agreement. "Services" means consulting support being performed by Esri on a time and materials hourly basis in exchange for compensation from the Licensee. 2. RESERVATION OF OWNERSHIP AND GRANT OF LICENSE Except as specifically granted in this Agreement, Esri or its licensors own and retain all right, title, and interest in Services Output. Subject to the terms and conditions set forth in this Agreement, Esri hereby grants to Licensee a nonexclusive, royalty-free, worldwide license to use, modify, and/or reproduce the Services Output in connection with Licensee's authorized use of the COTS Software. 3. PATENTS AND INVENTIONS Each party shall retain title to any inventions, innovations, and improvements ("Inventions") made or conceived solely by its principals, employees, consultants, or independent contractors (hereinafter called "Inventors") during the term of this Agreement. The parties shall jointly own any Inventions made or conceived jointly by Inventors from both parties. Except as provided in the next paragraph, where Inventions are jointly owned, each party shall share equally the costs of acquiring protection for the Inventions and furnish the other joint owner with assistance reasonably required for acquiring protection. A joint owner ("Assigning Owner") electing not to acquire or maintain protection of any Inventions in any country or countries shall assign its rights in such Inventions to the other joint owner ("Beneficial Owner") as is necessary to enable the Beneficial Owner to protect such Inventions in such country or countries at its expense and for its exclusive benefit. In such event, the Assigning Owner shall make available to the Beneficial Owner the name(s) of Assigning Owner's Inventors and shall otherwise cooperate with the Beneficial Owner in order to assist the Beneficial Owner in protecting such Inventions. The Beneficial Owner shall reimburse the Assigning Owner for all reasonable out-of-pocket expenses incurred in rendering such assistance. If any such Inventions are so protected by the Beneficial Owner, then the Assigning Owner shall have a license with respect to the subject matter of such protected Inventions in such country or countries. Neither party may license, transfer, sell, or otherwise alienate or encumber its interest in jointly owned Inventions without the written consent of the other party, which shall not be unreasonably withheld by either party. 4. COMPENSATION Services will be performed and subsequently invoiced on a time and materials basis in accordance with the funded not-to- exceed order value. Labor, including travel time, will be invoiced on a monthly basis for actual hours provided during the previous month. Other direct costs (ODCs), such as travel-related expenses, will be invoiced at actual cost plus Esri's standard burden. Meals and incidental expenses will be invoiced on a "per diem" basis in accordance with the limits stated in the most-current Federal Travel Regulations. Esri standard payment terms are Net-30 days from receipt of an Esri invoice. If the Esri credit history established by the Licensee does not support this effort, Esri reserves the right to require full or partial prepayment. Payment shall be made to the Esri address identified on original Esri invoices. Attachment number 2 \nPage 1 of 5 Item # 21 G363BM 2013C9541 Page 2 of 5 06/14/2010 December 10, 2013 Esri may reallocate authorized funding between activities, labor categories, and ODCs as necessary to facilitate the work efforts, provided the overall authorized funding is not exceeded. In the event Esri reaches the funded not-to-exceed order value and the activities are not completed, Licensee may increase the order funding to allow additional work to be performed, or Esri may stop work without further obligation or liability. If Services are required beyond the period of performance stated in the original proposal or resulting order, Esri reserves the right to escalate labor rates up to five percent (5%) per calendar year. 5. LIMITED WARRANTY AND DISCLAIMER OF WARRANTIES Esri warrants for a period of thirty (30) days from the date of performance that the Services will conform to the professional and technical standards in the software industry. During the limited warranty period, Licensee may require Esri to re-perform the Services, at no additional cost to the Licensee, if the Services do not substantially conform to the professional and technical standards of the software industry. Services Output is provided "AS IS" without warranty of any kind. Disclaimer of Warranties A. WITH THE EXCEPTION OF THE LIMITED WARRANTY SET FORTH IN THIS ARTICLE, ESRI DISCLAIMS AND THIS AGREEMENT EXPRESSLY EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. B. IN ADDITION TO AND WITHOUT LIMITING THE PRECEDING PARAGRAPH, ESRI DOES NOT WARRANT IN ANY WAY MAP DATA. MAP DATA MAY NOT BE FREE OF NONCONFORMITIES, DEFECTS, ERRORS, OR OMISSIONS; BE AVAILABLE WITHOUT INTERRUPTION; BE CORRECTED IF ERRORS ARE DISCOVERED; OR MEET LICENSEE'S NEEDS OR EXPECTATIONS. LICENSEE SHOULD NOT RELY ON ANY MAP DATA UNLESS LICENSEE HAS VERIFIED THE MAP DATA AGAINST ACTUAL DATA FROM DOCUMENTS OF RECORD, FIELD MEASUREMENT, OR OBSERVATION. 6. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY IN NO EVENT SHALL ESRI BE LIABLE TO LICENSEE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOST PROFITS; LOST SALES; OR BUSINESS EXPENDITURES; INVESTMENTS; BUSINESS COMMITMENTS; LOSS OF ANY GOODWILL; OR FOR ANY INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF, OR RELATED TO, THIS AGREEMENT, HOWEVER CAUSED OR UNDER ANY THEORY OF LIABILITY, EVEN IF ESRI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ESRI'S TOTAL CUMULATIVE LIABILITY HEREUNDER, FROM ALL CAUSES OF ACTION OF ANY KIND SHALL IN NO EVENT EXCEED THE AMOUNT ACTUALLY PAID BY THE LICENSEE FOR THE PORTION OF THE SERVICES UNDER THIS AGREEMENT. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. 7. CONFIDENTIALITY The Services Output is Esri confidential information and Licensee shall preserve and protect the confidentiality of said Services Output. Insofar as its rights may be legally restricted, Licensee agrees not to reverse engineer or decompile custom software delivered only in object code, executable code, or similar formats (collectively, "Secure Formats"). For custom software delivered in source code or other human-readable formats, Licensee shall have met its obligations under this Agreement if its disclosure of custom software is limited to custom software in Secure Formats, provided that the means for reverse engineering, decompiling, or disassembling such custom software is withheld from such disclosure, and the person or entity in receipt of such custom software similarly agrees not to perform such acts or allow others to do so. Except as provided in the preceding paragraph, Licensee shall not disclose the Services Output to employees or third parties without the advanced written consent of Esri. However, Licensee may, without such consent, make such disclosures to employees to the extent reasonably required to allow Licensee to use the Services Output in a manner authorized under applicable licenses. Before disclosing all or any portion of the Services Output to employees or third parties as permitted in the preceding sentence, Licensee shall inform such employees or third parties of the obligations in this Agreement and obtain their agreement to be bound by them. 8. EXPORT CONTROLS The disclosures permitted under Article 7, Confidentiality, shall not relieve Licensee of its obligation to maintain the Services Output in confidence and comply with all applicable laws and regulations of the United States including, without limitation, its export control laws. Licensee expressly acknowledges and agrees that Licensee shall not export, re-export, transfer, or Attachment number 2 \nPage 2 of 5 Item # 21 G363BM 2013C9541 Page 3 of 5 06/14/2010 December 10, 2013 release Services Output in whole or in part, to (i) any U.S. embargoed country (or to a national or resident of any U.S. embargoed country); (ii) any person on the U.S. Treasury Department's list of Specially Designated Nationals; (iii) any person or entity on the U.S. Commerce Department's Table of Denial Orders; or (iv) any person or entity where such export, reexport, or provision violates any U.S. export control laws or regulations including, but not limited to, the terms of any export license or licensing provision and any amendments and supplemental additions to U.S. export laws as they may occur from time to time. 9. GENERAL PROVISIONS 9.1 Nonhire of Esri Personnel. Licensee will not directly solicit for hire any employee(s) of Esri's technical staff, who is (are) associated with Services called for under this project, and for a period of one (1) year after completion of the project. In the event the foregoing provision is breached, liquidated damages equal to twelve (12) months of the Esri employee's compensation plus any legal expenses associated with the enforcement of this provision shall be paid by the Licensee to Esri. The foregoing shall in no way restrict Licensee from publicly advertising positions for hire in newspapers, professional magazines, or Internet postings. 9.2 Taxes. Services provided are quoted exclusive of all state; local; value-added or other taxes, customs, or duties; or other charges (other than income taxes payable by Esri). In the event such taxes and/or charges become applicable to Esri's Services or Services Output, Licensee shall pay any such applicable tax upon receipt of written notice that such tax(es) is/are due. 9.3 UCC Inapplicability. Services provided under this Agreement will not be governed by the Uniform Commercial Code (UCC) and will not be deemed "goods" within the definition of the UCC. 9.4 Order of Precedence. These terms and conditions supersede those outlined in any Licensee ordering or authorizing documents such as purchase orders. Any additional terms or conditions in Licensee ordering or authorizing documents are void and may be incorporated into this Agreement only via written amendment signed by both parties to be binding. 9.5 Assignment and Delegation. Esri may, in whole or in part, assign any of its rights or delegate any performance under this Agreement, provided that Esri shall remain responsible for the performance it delegates. This Agreement binds and benefits successors or assigns permitted under this Article. 9.6 Equitable Relief. Licensee agrees that any breach of this Agreement by Licensee may cause Esri irreparable damage and that, in the event of such breach, in addition to any and all remedies at law, Esri shall have the right to seek an injunction, specific performance, or other equitable relief in any court of competent jurisdiction to prevent violation of these terms and without the requirement of posting a bond or undertaking or proving injury as a condition of relief. 9.7 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without reference to its conflict of laws principles, and Esri agrees that any disputes arising out of this Agreement shall be decided by the Superior Court of Richmond County, Georgia. 9.8 Temporary Suspension or Delay of Performance of Contract. To the extent that it does not alter the scope of this agreement, Augusta, GA may unilaterally order a temporary stopping of the work, or delaying of the work to be performed by Esri under this agreement. 9.9 Defective Pricing. To the extent that the pricing provided by Esri is erroneous and defective, the parties may, by agreement, correct pricing errors to reflect the intent of the parties. 9.10 Specified Excuses for Delay or Non-Performance. Esri is not responsible for delay in performance caused by acts of nature, strikes, lockouts, accidents, or other events beyond the control of Esri. In any such event, the contract price and schedule shall be equitably adjusted. 9.11 Hold Harmless. Notwithstanding any other provisions of this agreement, Esri shall indemnify and hold harmless Augusta, GA, and its employees and agents (collectively the “Indemnified Parties”) from and against any and all liabilities, claims, judgments, damages, and settlements, including all reasonable costs, expenses, and attorneys’ fees, arising out of any action or claim for bodily injury, death or property damage (except for databases not subject to a reasonable backup program) brought against any of the Indemnified Parties to the extent arising from any negligent act or omission or willful misconduct by Esri, its subcontractors or their directors, officers, employees or agents. 9.12 Prohibition against Contingent Fees. Esri is prohibited from directly or indirectly advocating in exchange for compensation that is contingent in any way upon the approval of this contract or the passage, modification, or defeat of any Attachment number 2 \nPage 3 of 5 Item # 21 G363BM 2013C9541 Page 4 of 5 06/14/2010 December 10, 2013 legislative action on the part of the Augusta, Georgia Commission. Esri shall not hire anyone to actively advocate in exchange for compensation that is contingent in any way upon the passage, modification, or defeat of any contract or any legislation that is to go before the Augusta, Georgia Commission. 9.13 Georgia Prompt Pay Act Not Applicable. The terms of this agreement supersede any and all provisions of the Georgia Prompt Pay Act. 9.14 Acknowledgement Regarding Contractual Obligations of Augusta, Georgia. Esri 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, Esri is deemed to possess knowledge concerning Augusta, Georgia's ability to assume contractual obligations and the consequences of Esri’s provision of goods or services to Augusta, Georgia under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that Esri may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Esri agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if Esri 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 Esri. Esri assumes all risk of non- payment for the provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized, including, without limitation, all remedies at law or equity." This acknowledgement shall be a mandatory provision in all Augusta, Georgia contracts for goods and services, except revenue producing contracts. 9.15 Georgia E-Verify Requirements. All contractors and subcontractors entering into contracts with Augusta, Georgia for the physical performance of services shall be required to execute an Affidavit verifying its compliance with O.C.G.A. § 13- 10-91, stating affirmatively that the individual, firm, or corporation which is contracting with Augusta, Georgia has registered with and is participating in a federal work authorization program. Esri agrees to provide their E-Verify number and to be in compliance with the electronic verification of work authorized programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91 and shall continue to use the federal authorization program throughout the contract term. Additionally, Esri agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to its contract with Augusta, Georgia Esri will secure from such subcontractor(s) each subcontractor’s E-Verify number as evidence of verification of compliance with O.C.G.A. § 13-10-91 on the subcontractor affidavit provided in Rule 300-10-01- .08 or a substantially similar form. Esri agrees to maintain records of such compliance and provide a copy of each such verification to Augusta, Georgia at the time the subcontractor(s) is retained to perform such physical services. 9.16 Right to Inspect Premises. Augusta, Georgia may, at reasonable times, inspect the part of the plant, place of business, or work site of Esri or any subcontractor of Esri or subunit thereof which is pertinent to the performance of any contract awarded or to be awarded by Augusta, Georgia. 9.17 Local Small Business Language. In accordance with Chapter 10B of the AUGUSTA, GA. CODE, Esri agrees to collect and maintain all records necessary to for Augusta, Georgia to evaluate the effectiveness of its Local Small Business Opportunity Program and to make such records available to Augusta, Georgia. The requirements of the Local Small Business Opportunity Program can be found at www.augustaga.gov. In accordance with AUGUSTA, GA. CODE § 1-10-129(d)(7), the contractor is required to provide local small business utilization reports. Esri shall report to Augusta, Georgia the total dollars paid to each local small business on each contract, and shall provide such payment affidavits, regarding payment to subcontractors as may be requested by Augusta, Georgia. Such documents shall be in the format specified by the Director of minority and small business opportunities, and shall be submitted at such times as required by Augusta, Georgia. Failure to provide such reports within the time period specified by Augusta, Georgia shall entitle Augusta, Georgia to exercise any of the remedies set forth, including but not limited to, withholding payment. Esri will not be utilizing any local small business pursuant to this Agreement. Therefore, all requirements and reporting set forth in this Article are not applicable. 9.18 Entire Agreement. This Agreement constitutes the sole and entire agreement of the parties as to the subject matter set forth herein and supersedes any previous agreements, understandings, and arrangements (including any attached purchase order terms and conditions) between the parties relating to such subject matter. The undersigned hereby acknowledges and represents that he/she has read and understands this Agreement and has the authority to bind his/her organization to these terms and conditions. An executed Agreement shall constitute a duplicate if it is transmitted through electronic means, such Attachment number 2 \nPage 4 of 5 Item # 21 G363BM 2013C9541 Page 5 of 5 06/14/2010 December 10, 2013 as fax or e-mail, and reflects the signing of the document by Licensee. Duplicates are valid and binding even if an original paper document bearing Licensee's original signature is not delivered. AUGUSTA, GEORGIA (“Licensee”) By: Date: Print Name: David S. Copenhaver, Mayor Phone: ( ) Attest: Lena J. Bonner, Clerk of Commission Municipal Building 530 Greene Street, 8th Floor Augusta, Georgia 30901 Attachment number 2 \nPage 5 of 5 Item # 21 Attachment number 3 \nPage 1 of 14 Item # 21 Attachment number 3 \nPage 2 of 14 Item # 21 Attachment number 3 \nPage 3 of 14 Item # 21 Attachment number 3 \nPage 4 of 14 Item # 21 Attachment number 3 \nPage 5 of 14 Item # 21 Attachment number 3 \nPage 6 of 14 Item # 21 Attachment number 3 \nPage 7 of 14 Item # 21 Attachment number 3 \nPage 8 of 14 Item # 21 Attachment number 3 \nPage 9 of 14 Item # 21 Attachment number 3 \nPage 10 of 14 Item # 21 Attachment number 3 \nPage 11 of 14 Item # 21 Attachment number 3 \nPage 12 of 14 Item # 21 Attachment number 3 \nPage 13 of 14 Item # 21 Attachment number 3 \nPage 14 of 14 Item # 21 Commission Meeting Agenda 5/6/2014 2:00 PM Capacity Agreement FY2014 Department:Richmond County Correctional Institution-Evan Joseph, Director Caption:Motion to approve Capacity Agreement for FY2014 for state inmates being housed in the Richmond County Correctional Institution.(Approved by Public Safety Committee April 28, 2014) Background:Augusta-Richmond County contracts with the State of Georgia to house two hundred fifteen (215) non-violent inmates to perform skilled/non-skilled labor in the City Departments. Analysis:The Department of Corrections pays the City a per diem of twenty ($20.00) dollars per day per inmate. Financial Impact:The revenue received from the Department of Corrections is approximately forty-five (45%) percent of the institution's annual budget. Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 22 Attachment number 1 \nPage 1 of 5 Item # 22 Attachment number 1 \nPage 2 of 5 Item # 22 Attachment number 1 \nPage 3 of 5 Item # 22 Attachment number 1 \nPage 4 of 5 Item # 22 Attachment number 1 \nPage 5 of 5 Item # 22 Commission Meeting Agenda 5/6/2014 2:00 PM Communication Officer Increase Department:Augusta 9-1-1 Communication Center Caption:Motion to approve a request from the 9-1-1 Center to add five additional Communication Officers in support of the new community policing "zone manager" concept for the Richmond County Sheriff. This increase also enhances safety as the number of additional call takers will reduce 911 call wait time. Funding in the amount of $60,000 - $75,000 for 2014 to come from Fund Balance if it cannot be handled through the current personnel budget.(Approved by Public Safety Committee April 28, 2014) Background:Employees of the 9-1-1 Center currently answer (12) 9-1-1 lines and 15 administrative lines while providing dispatch services for all Public Safety elements. The Richmond County Sheriff's Office is implementing a new “zone manager” concept as part of the Community Policing program that will allow residents to connect to a supervisor who is assigned to their particular neighborhood. In support of this concept 8 zones each with a supervisor have been created develop the "partnership" between law enforcement and the community. Analysis:Communication Officers handle over 580K 911 calls each year while simultaneously operating radio channels for all public safety elements. The current staffing does not permit the addition of another radio channel without additional personnel. This increase would enhance quality of service to the community and first responder safety as each Communication Officer will manage less responders. The increase also provides an enhanced capbaility to answer 9-1-1 lines. Financial Impact:The cost for the additional Communication Officers would be 200,065.06 including benefits. The infrastructure to support the additional dispatch position is already in place. Alternatives:Approve a lower number of additonal personnel. Recommendation:Approve the personnel increase as requested.Cover Memo Item # 23 Funds are Available in the Following Accounts: Funds are available for this year using the Emergency Telephone response fund balance. Funds will only be transferred if personnel costs exceed the budget allocation in 216037110. forwarded from Finance for discussion dbw REVIEWED AND APPROVED BY: Cover Memo Item # 23 Attachment number 1 \nPage 1 of 1 Item # 23 Commission Meeting Agenda 5/6/2014 2:00 PM Region 6 EMS Council Appointment Department:Administrator Caption:Motion to approve the appointment 9-1-1 Center Director, Dominick Nutter, to the Region 6 EMS Council. (Approved by Public Safety Committee April 28, 2014) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 24 Commission Meeting Agenda 5/6/2014 2:00 PM 2014 - Recreation Mower Department:Finance Department - Fleet Management Caption:Motion to approve the acquisition of two field mowers for the Augusta Recreation Department – Operations Division. (Approved by Finance Committee April 28, 2014) Background:The Augusta Recreation Department-Operations Division is responsible for the grass mowing and maintenance of all parks, recreation centers, and ball fields in the Augusta area. This requires tremendous amount of grass cutting during the year. The department is currently using the smaller 48 inch and 60 inch mowers for this task which requires more mowers and operators to accomplish this task. This process also creates many mower hours and wear and tear on the smaller units. The acquisition of the new larger field mowers would greatly enhance job efficiency and performance as well as operator’s safety in their ongoing efforts to maintain a stable grass cutting program. Analysis:Fleet Management would like to utilize the Georgia State Contract program to purchase the two field mowers. The State Contract for these type mowers was awarded to the Jerry Pate Turf and Irrigation Company of Atlanta, Georgia. The state bid award number is 99999-SPD-SPD0000043-0006 as indicated by the paperwork which we have attached for your review. Financial Impact:This equipment will be purchased through the use of 2014 capital funds. The total cost of the two field mowers is $144,409.90. Alternatives:(1) Approve the request; (2) Do not approve the request Recommendation:Approve the request to purchase two field mowers from the Jerry Pate Turf and Irrigation Company, Inc, of Atlanta, Georgia. Funds are Available in the Following Accounts: 272-06-1110-54-21120 - Capital Outlay - Recreation Department Cover Memo Item # 25 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 25 Attachment number 1 \nPage 1 of 6 Item # 25 Attachment number 1 \nPage 2 of 6 Item # 25 Attachment number 1 \nPage 3 of 6 Item # 25 Attachment number 1 \nPage 4 of 6 Item # 25 Attachment number 1 \nPage 5 of 6 Item # 25 Attachment number 1 \nPage 6 of 6 Item # 25 Commission Meeting Agenda 5/6/2014 2:00 PM 2014 - Sheriff's Vehicles Department:Finance Department - Fleet Management Division Caption:Motion to approve the replacement of 39 Public Safety Vehicles for the Sheriff’s Office for 2014.(Approved by Finance Committee April 28, 2014) Background:In December of 2008, Fleet Management submitted a request to replace public safety vehicles as part of the 2011 Sales Tax Referendum. This referendum was passed which will provide 1.5 million dollars for replacement vehicles for Public Safety each year for 5 years. The items listed below are from funds available for Phase VI of the Sales Tax – fourth year. The initial plan of 2008 (when preparing the Sales Tax Referendum) called for the replacement of approximately 42 patrol/pursuit vehicles per year, however with the production curtailment of the Crown Victoria coupled with the increase in pricing, the number of vehicles being requested has been adjusted/reduced to meet the funds available through the Sales Tax. The following vehicles are being requested for 2014; 1). Road Patrol Division – 30 pursuit vehicles (Dodge Chargers) at $29,240.00 each or $877,200.00 total. 2). Traffic Division – 4 pursuit vehicles (Dodge Chargers) at $29,423.00 each or $117,692.00 3). Criminal Investigation Division (CID) – 5 Chevrolet Impalas at $22,627.00 each or $113,135.00 total. One motorcycle will be requested at a later date. Fleet Management is in the process of submitting a request for bids to obtain pricing. Vehicles will be replaced on a one for one basis see attached assessment sheet. Analysis:The Procurement Department published a competitive bid using the Demand Star application for the police pursuit vehicles (Dodge Chargers) , Bid 14-120. Bids were received from five venders; Akins Ford Corp, Butler Dodge, Thomson Chrysler and Carl Gregory Dodge (incomplete bid) and Emergency Equipment Specialist (non compliant).. Akins Ford Corp was the low bidder and in fact, has the State Contract. See attached “tab sheet’s for bid results. For the Patrol package, Akins Ford Corp was low bidder at $29,2540.00 each. For the Traffic package Thomson Chrysler was low bid at $$29,423.00 each. Fleet Management recommends the State Contract for pricing on the Chevrolet Cover Memo Item # 26 Impala’s used by CID at a cost of $22,627.00 each from Hardy Chevrolet. Financial Impact:: 1). Road Patrol Division – 30 pursuit type vehicles (Dodge Chargers) at $ 877,200.00; (2). Traffic Division – 4 pursuit type vehicles (Dodge Chargers) at $117,692.00 and (3) CID – 5 Impala’s for investigators at $113,135.00. The total for all 3 divisions is $1,108,027.00. The planned allocation of the 1.5 million approved in the Sales Tax for the Sheriff’s Office (per year) is $1.2 million with the remaining $300,000 for Animal Services, ARCCI, Coroner, Marshal and District Attorney. Alternatives:1.) Approve the request, 2.) Approve the request in part 3.) Disapprove the request, Recommendation:Approve the request to purchase 39 public safety vehicles of the Sheriff’s Office and declare the replacement vehicles excess and available for auction. Funds are Available in the Following Accounts: Sales Tax Phase VI - 4th Year 328-03-1310/54.22110 211-03- 6001/54.22110 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 26 Attachment number 1 \nPage 1 of 1 Item # 26 Attachment number 2 \nPage 1 of 1 Item # 26 Attachment number 3 \nPage 1 of 6 Item # 26 Attachment number 3 \nPage 2 of 6 Item # 26 Attachment number 3 \nPage 3 of 6 Item # 26 Attachment number 3 \nPage 4 of 6 Item # 26 Attachment number 3 \nPage 5 of 6 Item # 26 Attachment number 3 \nPage 6 of 6 Item # 26 Invitation to Bid Sealed bids will be received at this office on Wednesday, February 19, 2014 @ 11:00 a.m. for furnishing: Bid Item 14-120 Dodge Police Automobile for Fleet Management Bid Item 14-124 Hydraulic Excavator w/Transport Trailer for Fleet Management Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30901 706-821-2422 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 530 Greene Street – Room 605, Augusta, GA 30901. Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. 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, February 7, 2014 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference an eligible bidder must submit a completed and signed written application to become a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project. An eligible bidder who fails to submit an application for approval as a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project, and who otherwise meets the requirements for approval as a local bidder, will not be qualified for a bid preference on such eligible local project. No Bid may be withdrawn for a period of 90 days after time has been called on the date of opening. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. GERI A. SAMS, Procurement Director Augusta Chronicle January 16, 23, 30, February 6, 2014 Metro Courier January 22, 2014 Revised: 3/7/2013 Attachment number 4 \nPage 1 of 1 Item # 26 UNOFFICIAL Vendors THOMSON CHRYSLER DODGE JEEP 2158 WASHINGTON ROAD THOMSON, GA 30824 AKINS FORD CORP 220 WESY MAY STREET WINDER, GA 30680 BUTLER CHRYSLER DODGE JEEP 1555 SALEM ROAD BEAUFORT, SC 29902 CARL GREGORY DODGE 2201 VICTORY DRIVE COLUMBUS, GA 31901 EMERGENCY EQUIPMENT SPECIALISTS 737 HARRY MCMARTHY RD SUITE 104, BETHLEHEM, GA 30620 Attachment B YES YES YES YES YES E-Verify Number 369935 388164 NO/ NON-COMPLIANT 511388 702763 SAVE Form YES YES YES YES YES 5.01 - Adminis Package $24,640.00 $24,615.00 NO BID $24,637.00 5.03 - Marshal Package $27,616.00 $27,591.00 NO BID $26,966.00 5.04 - Patrol Package $29,262.00 $29,240.00 $21,275.00 $29,141.00 5.05 Traffic Package $29,423.00 $29,425.00 $21,275.00 $28,918.00 6.01 - HEMI 5.7 Liter Engine $2,230.00 $410.00 NO BID $1,985.00 6.02 - Rear Mounted Backup Sensor System $300.00 $267.00 NO BID $259.00 6.03 - Rear View Backup Camera System NA $500.00 NO BID $450.00 6.04 - Special Exterior Paint Colors Each $500.00 $445.00 NO BID $500.00 6.05 - Police Charger "Conven Group"$495.00 $427.00 NO BID $480.00 6.06 - Police Charger "Connec Group"$495.00 $441.00 NO BID $495.00 7.01 - Whelen SX8BBBB LED Light Bar $1,650.00 $1,650.00 NO BID $1,085.00 7.02 - Jotto Desk 425- 6175 console $465.00 $465.00 NO BID $456.00 7.03 - Jotto Desk 425- 6260 armrest $55.00 $55.00 NO BID $55.00 7.04 - Jotto Desk 425- 3704 cup holder $45.00 $45.00 NO BID $42.00 6.00 Optional Items 7.00 Outfitter's Specialty Items $25,780.00 $25,642.00 5.00 Vehicle/Options Required NO BID Bid Item #14-120 Dodge Police Automobile for Augusta, Georgia - Fleet Management Department Bid Opening Date: Wednesday, February 19, 2014 @ 11:00 a.m. $25,755.005.02 - Civil Package Page 1 of 3 Attachment number 5 \nPage 1 of 3 Item # 26 UNOFFICIAL Vendors THOMSON CHRYSLER DODGE JEEP 2158 WASHINGTON ROAD THOMSON, GA 30824 AKINS FORD CORP 220 WESY MAY STREET WINDER, GA 30680 BUTLER CHRYSLER DODGE JEEP 1555 SALEM ROAD BEAUFORT, SC 29902 CARL GREGORY DODGE 2201 VICTORY DRIVE COLUMBUS, GA 31901 EMERGENCY EQUIPMENT SPECIALISTS 737 HARRY MCMARTHY RD SUITE 104, BETHLEHEM, GA 30620 7.05 - Havis Shields PKG-PSM-144 Lapstd $293.00 $293.00 NO BID $342.00 7.06 - Sho-Me 05.6000 six control switch $120.00 $120.00 NO BID $146.00 7.07 - Outlet Receptacle $20.00 $20.00 NO BID $21.00 7.08 - 2 each Talon rocker switches $10.00 $10.00 NO BID $43.00 7.09 - Jumper cable connection $178.00 $178.00 NO BID $190.00 7.10 - Corner Lighting $532.00 $532.00 NO BID $437.00 7.11 - Whelen SLPMMBB Blue/Blue fl light $285.00 $285.00 NO BID $155.00 7.12 - Whelen SLPMMBA dual LED flasher light $285.00 $285.00 NO BID $155.00 7.13 - Whelen Alpha 12R siren controller $233.00 $233.00 NO BID $297.00 7.14 - Whelen SA315P In-Grille Speaker/Siren $248.00 $248.00 NO BID $175.00 7.15 - Setina #10S-C security partition $570.00 $570.00 NO BID $628.00 7.16 - Full lower extension plate w/toe kick $100.00 $100.00 NO BID $62.00 7.17 - Rear Door Panels-Pro Guard DP56C11 $145.00 $145.00 NO BID $171.00 7.18 - Rear side Windows barriers $220.00 $220.00 NO BID $223.00 7.19 - Rear seat-Pro Guard F56C06 $445.00 $445.00 NO BID $410.00 7.20 - Floor Pan-Pro Guard F56C06 $180.00 $180.00 NO BID $192.00 7.21 - Shotgun mount and lock ELS210 $300.00 $300.00 NO BID $360.00 Page 2 of 3 Attachment number 5 \nPage 2 of 3 Item # 26 UNOFFICIAL Vendors THOMSON CHRYSLER DODGE JEEP 2158 WASHINGTON ROAD THOMSON, GA 30824 AKINS FORD CORP 220 WESY MAY STREET WINDER, GA 30680 BUTLER CHRYSLER DODGE JEEP 1555 SALEM ROAD BEAUFORT, SC 29902 CARL GREGORY DODGE 2201 VICTORY DRIVE COLUMBUS, GA 31901 EMERGENCY EQUIPMENT SPECIALISTS 737 HARRY MCMARTHY RD SUITE 104, BETHLEHEM, GA 30620 7.22 - Shotgun Mount- GEE MFG FT - 2 Lid $90.00 $90.00 NO BID $72.00 7.23 - Push Bumper- Go Rhino 5076 $300.00 $300.00 NO BID $305.00 7.24 - Headlight guard- Go Rhino 5076WHD $370.00 $370.00 NO BID $383.00 7.25 - #35 window tint film application $140.00 $140.00 NO BID $210.00 7.26 - Fire Extinguisher $50.00 $50.00 NO BID $98.00 Approximate Delivery Schedule 8 TO 10 WEEKS 8 TO 10 WEEKS ARO AS REQUESTED BY AGENCY Page 3 of 3 Attachment number 5 \nPage 3 of 3 Item # 26 Attachment number 6 \nPage 1 of 1 Item # 26 Attachment number 7 \nPage 1 of 1 Item # 26 Attachment number 8 \nPage 1 of 1 Item # 26 Attachment number 9 \nPage 1 of 3 Item # 26 Attachment number 9 \nPage 2 of 3 Item # 26 Attachment number 9 \nPage 3 of 3 Item # 26 Commission Meeting Agenda 5/6/2014 2:00 PM 2014 - Traffic Engineering Bucket Truck Department:Finance Department - Fleet Management Caption:Motion to approve a request for the replacement of one (1) aerial bucket truck for Traffic Engineering – Signals Division. (Approved by Finance Committee April 28, 2014) Background:Traffic Engineering – Signals Division would like to request the replacement of one (1) older bucket truck, asset number 994118, a 1998 model with excessive idle time and wear and tear. The division also now requires a unit with a higher reach capability due to lights being placed at higher elevations. The new proposed truck will be able to reach the extended heights and in addition, will have a material handling capability creating a much wider range of job diversity. This will also enable the employees to complete the jobs at a safer and faster pace. Therefore, the new proposed truck will greatly enhance safety and job performance capabilities Analysis:: The Procurement Department published a competitive bid using the Demand Star application for the proposed bucket truck - Bid 13-235. Bids were received from two venders; Time Versalift which did not meet required specifications; and Altec Industries, Inc, = $147,225.00 which was the only compliant bidder. See attached documents Financial Impact:The aerial bucket truck will be purchased with 2014 capital fund account for $147,255.00. Alternatives:1, Approve the request; 2. Do not approve the request Recommendation:Approve the replacement of one (1) aerial bucket truck and declare the replaced truck as excess and available for auction. Funds are Available in the Following Accounts: 272-01-6440/54.22210 - Capital Outlay for 2014 Cover Memo Item # 27 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 27 Attachment number 1 \nPage 1 of 1 Item # 27 Attachment number 2 \nPage 1 of 1 Item # 27 Invitation to Bid Sealed bids will be received at this office on Friday, December 13, 2013 @ 11:00 a.m. for furnishing: Bid Item 13-233 Forklift for Fleet Management Bid Item 13-235 Aerial Bucket Truck for Fleet Management Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30901 706-821-2422 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 530 Greene Street – Room 605, Augusta, GA 30901. Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. 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, December 6, 2013 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference an eligible bidder must submit a completed and signed written application to become a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project. An eligible bidder who fails to submit an application for approval as a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project, and who otherwise meets the requirements for approval as a local bidder, will not be qualified for a bid preference on such eligible local project. No Bid may be withdrawn for a period of 90 days after time has been called on the date of opening. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. GERI A. SAMS, Procurement Director Augusta Chronicle November 14, 21, 28, December 5, 2013 Metro Courier November 20, 2013 Revised: 3/7/2013 Attachment number 3 \nPage 1 of 1 Item # 27 UNOFFICIAL Vendors Altec Industries 2106 S Riverside Road ST Joseph, MO 64507 O.G. Hughes & Sons 4816 Rutledge Pike Knoxville, TN 37914 ATTACHMENT B Yes Yes E-VERIFY NUMBER 192933 267499 SAVE FORM Yes Yes YEAR 2015 2015 MAKE Ford Ford MODEL F750 F750 UTILITY BODY: YEAR 2014 2014 MAKE Altec Knapheide MODEL ASLS 6137HC AERIAL DEVICE: YEAR 2014 2014 MAKE Altec Time/Versalift MODEL TA45M VST-47 SI BID PRICE $140,640.00 $136,853.00 DELIVERY SCHEDULE 260-280 Days ARO 210-240 Days ARO 11.00 OPTIONAL ITEMS 11.01 EXT CAB CHASSIS $1,538.00 $1,900.00 11.02 WINCH $2,973.00 $2,053.00 11.03 INVERTER $2,074.00 $900.00 The following vendors did not respond: ASC Construction Equipment / 2303 Edmund Highway / Cayce, SC - 28269 Allan Vigil Ford / 6790 Mt Zion Blvd / Morrow, GA 30260 Bobby Jones Ford / 3480 Wrightsboro Rd / Augusta, GA 30909 Bid Opening Date: Friday, December 13, 2013 @ 11:00 a.m. AERIAL BUCKET TRUCK WITH MATERIAL HANDLER CHASSIS: Bid Item #13-235 Aerial Bucket Truck for the City of Augusta - Fleet Management Department Page 1 of 1 Attachment number 4 \nPage 1 of 1 Item # 27 Attachment number 5 \nPage 1 of 2 Item # 27 Attachment number 5 \nPage 2 of 2 Item # 27 Attachment number 6 \nPage 1 of 3 Item # 27 Attachment number 6 \nPage 2 of 3 Item # 27 Attachment number 6 \nPage 3 of 3 Item # 27 Commission Meeting Agenda 5/6/2014 2:00 PM Approve 2013 Indirect Cost Allocation Study Department:Finance Caption:Motion to approve exercising additional year option in the city's agreement with MAXIMUS to perform Augusta's 2013 Indirect Cost Allocation Study. (Approved by Finance Committee April 28, 2014) Background:The Georgia General Assembly House Bill 491 mandates Indirect Cost Studies be performed for local governments with expenditures totaling $10 million or more. This study provides the basis of the budget for the allocation of costs to all funds receiving services from the General Fund. Analysis:After a Request for Proposals (RFP) solicited qualified vendors, MAXIMUS was selected and approved to perform the city's 2010 Indirect Cost Allocation Study with the option for four additional years. This will be the 3rd year of the 4 year option. MAXIMUS will develop and prepare the city's Full Cost Allocation Plan, OMB Circular A-87 Cost Plan and Augusta Public Transit's Plan. Financial Impact:MAXIMUS will prepare the city's aforementioned 2013 cost plans, and as necessary, submit and negotiate approval with HUD for the total professional fee of $21,330. Alternatives:Do not exercise additional year option on current approved agreement. Recommendation:Approve exercising additional year option on current agreement between Augusta Georgia and MAXIMUS for the required 2013 Indirect Cost Allocation Plans. Funds are Available in the Following Accounts: Funds are available 101-01-5120/52-11110 Cover Memo Item # 28 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 28 Attachment number 1 \nPage 1 of 9 Item # 28 Attachment number 1 \nPage 2 of 9 Item # 28 Attachment number 1 \nPage 3 of 9 Item # 28 Attachment number 1 \nPage 4 of 9 Item # 28 Attachment number 1 \nPage 5 of 9 Item # 28 Attachment number 1 \nPage 6 of 9 Item # 28 Attachment number 1 \nPage 7 of 9 Item # 28 Attachment number 1 \nPage 8 of 9 Item # 28 Attachment number 1 \nPage 9 of 9 Item # 28 Commission Meeting Agenda 5/6/2014 2:00 PM Development Agreement with Cabela's Wholesale, Inc. Department:Finance / Administrator Caption:Motion to approve development agreement with Cabela's Wholesale Inc. in the Village at Riverwatch Tax Allocation District (TAD 2).(Approved by Finance Committee April 28, 2014) Background:In 2010 the Augusta Commission created the Village at Riverwatch Tax Allocation District (TAD 2) using the Redevelopment Powers Law (O.C.G.A 36-44-1). The purpose of a Tax Allocation Districts is to offer economic incentives to enhance the redevelopment within the district. The first development agreement approved for TAD 2 was with the MG Herring Group, which brought CostCo to Augusta. The creation of the TAD has increased interest in businesses locating in Augusta including Cabela's. Analysis:The development of a retail center is dependent on attacting key businesses to locate in a center so that other large and small businesses will locate in or near the center. The use of a TAD has allowed Augusta to offer ecomonic incentives funded by the incremental growth in the tax base of the TAD. The first key business to locate in TAD 2 was CostCo and now Cabela's has located in phase two of the Village at Riverwatch development due to the TAD. The attached development agreement reimburses Cabela's for its investment in infrastructure redevelopment costs from the Special Fund as ad valorem taxes are collected. Financial Impact:Funds for the reimbursement of the redevelopment costs will come from the incremental growth in phase two of TAD 2. No sales tax will be used for the reimbursement of Cabela's redevelopment costs. All sales tax generated by Cabela's will go to Augusta. Alternatives:n/a Recommendation:approve development agreeement.Cover Memo Item # 29 Funds are Available in the Following Accounts: Fund 292 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 29 DEVELOPMENT AGREEMENT Between Augusta, Georgia and Cabela’s Wholesale, Inc. In the Village at Riverwatch Tax Allocation District As of _________________, 2014 Attachment number 1 \nPage 1 of 42 Item # 29 ARTICLE I RECITALS .................................................................................................................. 1 ARTICLE II GENERAL TERMS .................................................................................................... 2 Section 2.1 Definitions ...................................................................................................... 2 Section 2.2 Singular and Plural ......................................................................................... 6 ARTICLE III REPRESENTATIONS AND WARRANTIES ........................................................... 6 Section 3.1 Representations and Warranties of Developer ............................................... 6 Section 3.2 Representations and Warranties of Augusta .................................................. 8 Section 3.3 Parties to Cooperate ....................................................................................... 8 Section 3.4 Payment of Administrative Fee ...................................................................... 9 ARTICLE IV DEVELOPMENT AND CONSTRUCTION .............................................................. 9 Section 4.1 Construction of the TAD Project and the Cabela’s Project .......................... 10 Section 4.2 Approvals Required for the Project .............................................................. 10 Section 4.3 Unreasonable Delay or Abandonment; Cessation of Work ......................... 10 Section 4.4 Material Modifications ................................................................................. 10 Section 4.5 Project Modifications. Developer shall provide notice to Augusta immediately upon the occurrence of a Project Modification ....................... 10 ARTICLE V DUTIES, RESPONSIBILITIES and special covenants OF Developer .................... 10 Section 5.1 Completion of the Project ............................................................................ 10 Section 5.2 Compliance with Documents ....................................................................... 11 Section 5.3 Litigation ...................................................................................................... 11 Section 5.4 Maintenance of the Project ........................................................................... 11 Section 5.5 Records and Accounts .................................................................................. 11 Section 5.6 Liens and Other Charges .............................................................................. 11 Section 5.7 Compliance with Laws, Contracts, Licenses, and Permits ........................... 11 Section 5.8 Laborers, Subcontractors and Materialmen .................................................. 11 Section 5.9 Taxes ............................................................................................................ 12 Section 5.10 Insurance ...................................................................................................... 12 Section 5.11 Further Assurances and Corrective Instruments........................................... 12 Section 5.12 Performance by Developer ........................................................................... 12 Section 5.13 Restrictions on Easements and Covenants ................................................... 12 Section 5.14 Access to the Site ......................................................................................... 12 Section 5.15 Delivery of Documents ................................................................................ 12 Section 5.16 Scope of Developer Commitments............................................................... 13 Attachment number 1 \nPage 2 of 42 Item # 29 ARTICLE VI ADVANCES; DISBURSEMENT; REIMBURSEMENT FUND; FINANCING ALTERNATIVES .............................................................................. 13 Section 6.1 Advances ...................................................................................................... 13 Section 6.2 Disbursements .............................................................................................. 13 Section 6.3 Limited Liability .......................................................................................... 14 Section 6.4 Reimbursement (Special) Fund .................................................................... 15 Section 6.5 Alternative Financing ................................................................................... 15 ARTICLE VII INDEMNIFICATION ............................................................................................... 15 Section 7.1 Indemnification ............................................................................................ 15 Section 7.2 Notice of Claim ............................................................................................ 15 Section 7.3 Defense ......................................................................................................... 16 Section 7.4 Separate Counsel .......................................................................................... 16 Section 7.5 Survival ........................................................................................................ 16 ARTICLE VIII DEFAULT ................................................................................................................. 16 Section 8.1 Default by Developer ................................................................................... 16 Section 8.2 Remedies ...................................................................................................... 17 Section 8.3 Remedies Cumulative .................................................................................. 17 Section 8.4 Agreement to Pay Attorneys’ Fees and Expenses ........................................ 17 Section 8.5 Default by Augusta ....................................................................................... 17 Section 8.6 Remedies Against Augusta .......................................................................... 17 ARTICLE IX MISCELLANEOUS .................................................................................................. 17 Section 9.1 Term of Agreement ...................................................................................... 17 Section 9.2 Notices .......................................................................................................... 18 Section 9.3 Amendments and Waivers............................................................................ 18 Section 9.4 Invalidity ...................................................................................................... 18 Section 9.5 Successors and Assigns ................................................................................ 18 Section 9.6 Schedules; Titles of Articles and Sections ................................................... 19 Section 9.7 Applicable Law ............................................................................................ 19 Section 9.8 Entire Agreement ......................................................................................... 19 Section 9.9 Approval by the Parties ................................................................................ 19 Section 9.10 Additional Actions ....................................................................................... 19 Attachment number 1 \nPage 3 of 42 Item # 29 1 DEVELOPMENT AGREEMENT This Development Agreement (the “Agreement”), dated as of the _______ day of ________, 2014, is made by and between Augusta, Georgia, a political subdivision of the State of Georgia (“Augusta”), and Cabela’s Wholesale, Inc., a Nebraska corporation, authorized to do business in Georgia, as Developer. Capitalized terms used herein and not otherwise defined have the meanings given to them in Article II. ARTICLE I RECITALS WHEREAS, Augusta is duly authorized to exercise the redevelopment powers granted to cities and counties in the State pursuant to the Redevelopment Powers Law and in accordance with House Bill 773 enacted by the General Assembly in 2006 (2006 GA. LAWS p. 4507, et seq.) and approved in a referendum on November 6, 2006; and WHEREAS, by a Resolution duly adopted on December 7, 2010 (the “TAD Resolution”), following a public hearing as required by law, the Augusta-Richmond County Commission approved the Village at Riverwatch Redevelopment Plan and created Tax Allocation District Number Two -- Village at Riverwatch (the “Village at Riverwatch TAD”); and WHEREAS, the Redevelopment Powers Law provides that Augusta may enter into public-private partnerships to effect the redevelopment projects contemplated in the Redevelopment Plan; and WHEREAS, the TAD Resolution expressed the intent of Augusta, as set forth in the Redevelopment Plan, to provide funds to induce and stimulate redevelopment in the Village at Riverwatch TAD; and WHEREAS, the undertakings contemplated by the Redevelopment Plan include, among other renewal activity, redevelopment of the “Village at Riverwatch Project” including the 115-acre commercial redevelopment along Riverwatch Parkway at Interstate 20 within Augusta; and WHEREAS, Developer is the owner of the Cabela’s Tract which is located within the Village at Riverwatch TAD; and WHEREAS, Developer seeks to undertake the redevelopment of its property into a Cabela’s Outpost store and other related commercial uses; and WHEREAS, in order to induce and further facilitate the successful accomplishment of this portion of the Redevelopment Plan, Augusta has indicated its intent to exercise its authority under the Redevelopment Powers Law and in accordance with State law to enter into this Development Agreement with Developer, pursuant to which, subject to the conditions described herein, a portion of the Tax Allocation Increment collected in the Village at Riverwatch TAD will be used to reimburse Developer for certain Redevelopment Costs advanced by Developer in connection with the TAD Project; and WHEREAS, Developer agrees, pursuant to the terms of this Agreement, to undertake this critical revitalization in Augusta and to pursue the Cabela’s Project consistent with the Village at Riverwatch Redevelopment Plan. Attachment number 1 \nPage 4 of 42 Item # 29 2 AGREEMENT OW THEREFORE , Augusta and Developer, for and in consideration of the mutual promises, covenants, obligations and benefits of this Agreement, hereby agree as follows: ARTICLE II GEERAL TERMS Section 2.1 Definitions. Unless the context clearly requires a different meaning, the following terms are used herein with the following meanings: “Act of Bankruptcy” means the making of an assignment for the benefit of creditors, the filing of a petition in bankruptcy, the petitioning or application to any tribunal for any receiver or any trustee of the applicable Person or any substantial part of its property, the commencement of any proceeding relating to the applicable Person under any reorganization, arrangement, readjustments of debt, dissolution or liquidation law or statute of any jurisdiction, whether now or hereafter in effect, or if, within 60 days after the filing of a bankruptcy petition or the commencement of any proceeding against the applicable Person seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future statute, law or regulation, the proceedings have not been dismissed, or, if, within 60 days after the appointment, without the consent or acquiescence of the applicable Person, of any trustee, receiver or liquidator of the applicable Person or of the land owned by the applicable Person, the appointment has not been vacated. “Administrative Fee” means (i) Augusta’s reasonable and necessary initial expenditures for legal and professional fees incurred in connection with the drafting, negotiation and approval of this Agreement, (ii) Augusta’s annual administrative fee not to exceed $5,000.00 per year and (iii) Augusta’s reasonable and necessary annual expenditures for legal and professional fees incurred in connection with the Cabela’s Project after the execution of this Agreement not to exceed $5,000.00 per year, all of which shall be paid to Augusta from the Reimbursement Fund and shall have the highest priority of payment from the Reimbursement Fund, as provided in Section 3.4. “Advances” means advances by Developer or any other Person or entity to pay any costs that constitute Reimbursement Costs associated with the TAD Project or for which Developer may be entitled to reimbursement pursuant to Section 6.2(f). “Affiliate” means, with respect to any Person, (a) a parent, partner, member or owner of such Person or of any Person identified in clause (b) below, and (b) any other Person that, directly or indirectly through one or more intermediaries, controls, is controlled by or is under common control with such Person. As used in this definition, the term “control” means the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of a Person, whether through the ownership of voting securities, by contract or otherwise. “Augusta” means Augusta, Georgia, a political subdivision of the State of Georgia. “Cabela’s” means Cabela’s Wholesale, Inc., a Nebraska corporation, and its successors and assigns. “Cabela’s Project” means the approximately 5.842 acre portion of the 115 acre Village at Riverwatch commercial redevelopment along Riverwatch Parkway at Interstate 20 within Augusta, as more fully described in Schedule B-1 hereto, as such Schedule may be amended or modified from time to time, and including the Cabela’s Vertical Development and the TAD Project. Attachment number 1 \nPage 5 of 42 Item # 29 3 “Cabela’s Project Completion Date” means December 31, 2014, the anticipated date of substantial completion of the Cabela’s Project which includes a schedule contingency for unanticipated delays. “Cabela’s Tract” means the parcel within the Site Plan identified on Schedule A-2 on which Developer will construct or cause to be constructed the Cabela’s Project. “Cabela’s Vertical Development” means construction of a retail store by or on behalf of Cabela’s on the Cabela’s Tract. “Developer” means Cabela’s Wholesale, Inc., a Nebraska corporation, developer of the Cabela’s Project. “Development Team” means Developer and development partners, in any. “Effective Date” means ______________________, the effective date of this Agreement. “Environmental Laws” means, including but without limitation, the Resource Conservation and Recovery Act, 42 U.S.C. §6901 et seq., as amended, the Comprehensive Environmental Response Compensation and Liability Act of 1980, 42 U.S.C. § 9601 et seq., as amended by the Superfund Amendments and Reauthorization Act of 1986, and as further amended, the Clean Water Act, 33 U.S.C. § 1251 et seq., as amended, the Clean Air Act, 42 U.S.C. § 7401 et seq., as amended, the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq., as amended, and any other applicable federal law relating to health, safety or the environment. “Environmental Report” means the Environmental Site Assessment Phase I, Village at Riverwatch, Alexander Drive, Augusta, Georgia report number H-019.13 dated June 11, 2013 prepared by CSRA Testing and Engineering Co., Inc. “Force Majeure” means the actual period of any delay in the final completion date of the TAD Project, or the Cabela’s Project, as applicable, caused by fire, unavailability of manufactured materials, earthquake, flood, explosion, war, acts of terrorism, invasion, insurrection, mob violence, sabotage, lockouts, litigation, condemnation, riots or other civil disorder, national or local emergency, act of God, unusual delays in transportation, unusual delay in obtaining lawful permits or consents to which the applicant is legally entitled, strike or labor dispute, severe weather conditions, or delays caused by Augusta in excess of 30 days in responding to proposals for Material Modifications pursuant to Section 4.4, in any such case entitling Developer a commensurate extension of time to perform and complete its obligations delayed thereby under this Agreement. Developer will give written notice in accordance with Section 9.2 as soon as reasonably practical after the start of the Force Majeure event or occurrence giving rise to the delay, specifically identifying the occurrence or event and the anticipated resulting delays to the TAD Project or the Cabela’s Project, as applicable. “General Contractor” means an experienced, licensed, bondable and reputable general contractor selected by Developer. “Hazardous Substances” means any hazardous waste, as defined by 42 U.S.C. § 6903(5), any hazardous substances as defined by 42 U.S.C. § 9601(14), any pollutant or contaminant as defined by 42 U.S.C. § 9601(33), and any toxic substances, oil or hazardous materials or other chemicals or substances regulated by any Environmental Laws. “Legal Requirements” means any legal requirements (including, without limitation, Environmental Laws), including any local, state or federal statute, law, ordinance, rule or regulation, now Attachment number 1 \nPage 6 of 42 Item # 29 4 or hereafter in effect, or order, judgment, decree, injunction, permit, license, authorization, certificate, franchise, approval, notice, demand, direction or determination of any governmental authority. “Material Modification” means (i) any modification, change or alteration in the description of the TAD Project or the Cabela’s Project, as applicable, that would add uses other than the following uses that are currently contemplated: retail shops and restaurants, hotels, banks, office space, and other related commercial uses; or (ii) any extension of the TAD Project Schedule beyond the TAD Project Completion Date. “Permitted Exceptions” means all of the following: (i) any reasonable and customary exceptions that serve or enhance the use or utility of the TAD Project or the Cabela’s Project arising in the course of and necessary in connection with the construction, or ultimate operation, of the TAD Project or the Cabela’s Project, including by way of example and not of limitation, easements granted to public utility companies or governmental bodies (for public rights-of-way or otherwise), (ii) any other exceptions expressly approved in writing by Augusta; (iii) real property taxes, bonds and assessments (including assessments for public improvements) not yet due and payable; and (iv) any exceptions approved by Developer’s lender. “Person” includes a corporation, a trust, an association, a partnership (including a limited liability partnership), a joint venture, an unincorporated organization, a business, an individual or natural person, a joint stock company, a limited liability company, or any other entity. “Phase II” means the portion of the site plan as shown on schedule A-2 of the Development Agreement between Augusta, Georgia and Augusta Village at Riverwatch, LLC dated as of April 19, 2011, which site plan and schedule are attached to this Agreement as Schedule J and made a part hereof. “Plans” means the Site Plan and the construction plans for the TAD Project as the same may be modified from time to time, including any Material Modifications. “Project Approvals” means all approvals, consents, waivers, orders, agreements, authorizations, permits and licenses required under applicable Legal Requirements or under the terms of any restriction, covenant or easement affecting the TAD Project or the Cabela’s Project, as applicable, or otherwise necessary or desirable for the ownership, acquisition, construction, equipping, use or operation thereof, whether obtained from a governmental authority or any other person. “Project Financing” means any loans, financing, equity investment, or other agreement (other than this Agreement) provided to or for the benefit of Developer to finance, directly or indirectly, any portion of the TAD Project. “Project Modification” means (i) any aggregate change in the TAD Project Budget in excess of fifteen percent (15%); or (ii) any delay in or cessation of work on the TAD Project for over 120 days cumulative (but not beyond the TAD Project Completion Date). “Redevelopment Costs” has the meaning given that term by O.C.G.A. § 36-44-3(8) and as used in this Agreement, means Redevelopment Costs of the TAD Project and any other Redevelopment Costs (as defined in the Redevelopment Powers Law) contemplated by this Agreement. “Redevelopment Plan” means the Village at Riverwatch Redevelopment Plan for Augusta Tax Allocation District Number Two approved by Augusta pursuant to the TAD Resolution on December 7, 2010, following a public hearing as required by law, as may be amended from time to time. Attachment number 1 \nPage 7 of 42 Item # 29 5 “Redevelopment Powers Law” means the Redevelopment Powers Law, O.C.G.A. §36-44-1, et seq., as may be amended from time to time. “Reimbursement Costs” means categories of Redevelopment Costs for which Augusta has agreed to reimburse Advances from the Reimbursement Fund as shown on Schedule D attached hereto. “Reimbursement Fund” means that account within the Special Fund that is established by Augusta in accordance with Section 6.4 for reimbursement of Advances. “Requisition” means a requisition in substantially the form attached as Schedule E hereto (or such other form approved by Augusta). “School Board” means the Board of Education of Richmond County, Georgia. “Site” means the real property on which the Cabela’s Project will be located within the Village at Riverwatch TAD, as more specifically identified in Schedule A-1 hereto. “Site Plan” means the plan for development of the Cabela’s Project as more specifically identified in Schedule A-2 hereto. “Special Fund” means the bank account established by Augusta for the collection of Tax Allocation Increment and payment of Disbursements as permitted under this Agreement. “State” means the State of Georgia. “TAD Bonds” means tax allocation bonds, notes or other obligations that may be issued by Augusta to finance the acquisition, construction and equipping of improvements related to the Cabela’s Project and related Redevelopment Costs, secured by all or a defined portion of the Tax Allocation Increment, as contemplated by and provided in O.C.G.A. § 36-44-3(12). “TAD Project” means those improvements identified and more fully described in Schedule B-2 hereto as such Schedule may be amended or modified from time to time, including the Cabela’s Project (but not including Cabela’s Vertical Development), a portion of the costs of which are to be advanced by Developer and reimbursed to Developer from the Reimbursement Fund as contemplated by this Agreement. “TAD Project Budget” means the projected cost for acquisition, financing, and construction of the TAD Project as set forth in Schedule D hereto, as such Schedule may be amended or modified from time to time, including any Project Modifications. “TAD Project Completion Date” means December 31, 2014, the anticipated date of substantial completion of the TAD Project (as evidenced by delivery by Developer to Augusta of the certificate contemplated in Section 4.1(e)). “TAD Project Construction Schedule” means the estimated schedule for construction of the TAD Project as set forth in Schedule C-1, as such Schedule may be amended or modified from time to time, including any Project Modifications or Material Modifications. “TAD Resolution” means the Resolution duly adopted by the Augusta-Richmond County Commission on December 7, 2010, following a public hearing as required by law, pursuant to which Augusta approved the Redevelopment Plan and created the Village at Riverwatch Village TAD. Attachment number 1 \nPage 8 of 42 Item # 29 6 “Tax Allocation Increment” means the positive tax allocation increment (within the meaning of the Redevelopment Powers Law) levied and collected on real property within the Village at Riverwatch TAD attributable to the ad valorem millage rate levied annually by Augusta (which was 8.056 mils in 2010) and the positive tax allocation increment attributable to the School Board’s ad valorem millage rate (which was 19.11 mils in 2010). “Title Policy” means the title insurance policy issued by a nationally recognized title company when Developer acquired the Site which insures Developer’s title with respect to the Site. “Village at Riverwatch TAD” means that Tax Allocation District Number Two created by Augusta effective December 31, 2010, pursuant to the Redevelopment Powers Law and the TAD Resolution and as further described in the Redevelopment Plan. Section 2.2 Singular and Plural. Words used herein in the singular, where the context so permits, also include the plural and vice versa. The definitions of words in the singular herein also apply to such words when used in the plural where the context so permits and vice versa. ARTICLE III REPRESETATIOS AD WARRATIES Section 3.1 Representations and Warranties of Developer. Developer hereby represents and warrants to Augusta that: (a) Organization and Authority. Cabela’s Wholesale, Inc., a Nebraska corporation, is in good standing and authorized to transact business in Nebraska and the State of Georgia. Developer’s officers have the requisite power and authority to execute and deliver this Agreement, to incur and perform its obligations hereunder, and to carry out the transactions contemplated by this Agreement. (b) Due Authorization, Execution and Delivery. The execution, delivery, and performance of this Agreement has been duly authorized by all necessary action and proceedings by or on behalf of Developer, and no further approvals or filings of any kind, including any approval of or filing with any governmental authority, are required by or on behalf of Developer as a condition to the valid execution, delivery, and performance by it of this Agreement. This Agreement, when duly executed and delivered by each party hereto, will be the valid and binding obligation of Developer in accordance with its terms, subject to matters and laws affecting creditors’ right generally and to general principles of equity. (c) Organizational Documents. Developer’s organizational documents are in full force and effect and have not been modified or supplemented from those submitted to Augusta, and no fact or circumstance has occurred that, by itself or with the giving of notice or the passage of time or both, would constitute a default thereunder. (d) Financial Statements. All financial statements to be furnished to Augusta by Developer with respect to Developer will, to Developer’s actual knowledge, fairly present the financial condition of Developer as of the dates thereof, and all other written information furnished to Augusta by Developer will be accurate, complete and correct in all material respects and will not contain any material misstatement of fact or omit to state any fact necessary to make the statements contained therein not misleading. Attachment number 1 \nPage 9 of 42 Item # 29 7 (e) Environmental. Developer has no actual knowledge except as disclosed in the Environmental Report: (i) of the presence of any Hazardous Substances on the Site, or any portion thereof, or of any spills, releases, discharges, or disposal of Hazardous Substances that have occurred or are presently occurring on or onto the Site , or any portion thereof, or (ii) of the presence of any PCB transformers serving, or stored on, the Site, or any portion thereof, and Developer has no knowledge of any failure to comply with any applicable Environmental Laws relating to the generation, recycling, reuse, sale, storage, handling, transport and disposal of any Hazardous Substances. (f) Bankruptcy. No Act of Bankruptcy has occurred with respect to Developer. (g) No Litigation. There is no action, suit or proceeding pending or, to the actual knowledge of Developer, threatened against or affecting Developer in any court, before any arbitrator or before or by any governmental body which (i) in any manner raises any question affecting the validity or enforceability of this Agreement or (ii) could materially and adversely affect the ability of Developer to perform its obligations hereunder. (h) No Undisclosed Liabilities. Neither Developer nor the Site is subject to any material liability or obligation, including contingent liabilities, which would have a material adverse effect on the ability of Developer to perform its obligations under this Agreement. Developer is not in default under or in breach of any material contract or agreement with respect to the Site, and no event has occurred with respect to the Site which, with the passage of time or giving of notice (or both) would constitute such a default, which has a material adverse effect on the ability of Developer to perform its obligations under this Agreement. (i) Tax Matters. Developer has, to its actual knowledge, prepared and filed in a substantially correct manner all federal, state, local, and foreign tax returns and reports heretofore required to be filed by them and have paid all taxes shown as due thereon. No governmental body has asserted any deficiency in the payment of any tax or informed Developer that such governmental body intends to assert any such deficiency or to make any audit or other investigation of Developer for the purpose of determining whether such a deficiency should be asserted against Developer. (j) ERISA and Related Matters. Developer does not maintain any retirement or deferred compensation plan, savings, incentive, stock option or stock purchase plan, unemployment compensation plan, vacation pay, severance pay, bonus or benefit arrangement, insurance or hospitalization program or any other fringe benefit arrangement for any employee, consultant or agent of Developer, whether pursuant to contract, arrangement, custom or informal understanding, which does not constitute an “Employee Benefit Plan” (as defined in §3(3) of ERISA). Developer does not maintain nor has Developer ever contributed to any Multiemployer Plan (as defined in §3(37) of ERISA). Developer does not currently maintain any Employee Pension Benefit Plan subject to Title IV of ERISA. There have been no “prohibited transactions” (as described in §406 of ERISA or §4975 of the Internal Revenue Code) with respect to any Employee Pension Benefit Plan or Employee Welfare Benefit Plan maintained by Developer as to which Developer has been a party. (k) Principal Office. The address of Developer’s principal place of business is One Cabela Drive, Sidney, NE 69160. (l) Licenses and Permits. Developer will at all appropriate times possess all franchises, patents, copyrights, trademarks, trade names, licenses and permits, and rights in respect of the foregoing, adequate for the conduct of its business substantially as now conducted or as it is intended to be conducted with respect to the Cabela’s Project, without known conflict with any rights of others. Attachment number 1 \nPage 10 of 42 Item # 29 8 (m) Project Location. The Cabela’s Project is located wholly within Augusta and further, wholly within the Village at Riverwatch TAD. (n) Utilities. All utility services necessary and sufficient for the construction and operation of the Cabela’s Project will at all appropriate times be available through dedicated public rights of way or through perpetual private easements. (o) Plans. Developer will furnish to Augusta true and complete sets of the Plans. The Plans so furnished to Augusta will comply with all applicable governmental requirements, all Project Approvals, and all restrictions, covenants and easements affecting the TAD Project. (p) Funding Sources for Project Financing. Schedule G contains a true, correct, and completed list of all sources and uses of funds, including all Project Financing, all of which has been committed to Developer. (q) Liens. Other than as disclosed in writing to Augusta or Augusta, there are no material liens of laborers, subcontractors or materialmen on or respecting the TAD Project on the Effective Date. (r) Construction Schedule. The TAD Project Construction Schedule accurately reflects the currently estimated schedule for construction of the TAD Project. (s) Budget. The TAD Project Budget accurately reflects the currently estimated costs of the TAD Project. (t) Title. As of the Effective Date, Developer holds fee simple title to the Site. Section 3.2 Representations and Warranties of Augusta. Augusta hereby represents and warrants to Developer that: (a) Organization and Authority. Augusta is a consolidated government duly created and existing under the laws of the State. Augusta has the requisite power and authority to execute and deliver this Agreement, to incur and perform its obligations hereunder, and to carry out the transactions contemplated by this Agreement. (b) Due Authorization, Execution and Delivery. The execution, delivery, and performance of this Agreement has been duly authorized by all necessary action and proceedings by or on behalf of Augusta, and no further approvals or filings of any kind, including any approval of or filing with any governmental authority, are required by or on behalf of Augusta as a condition to the valid execution, delivery, and performance by Augusta of this Agreement. This Agreement, when duly executed and delivered by each party hereto, will be the valid, binding and enforceable obligation of Augusta in accordance with its terms, subject to matters and laws affecting creditors’ right generally as to political bodies and to general principles of equity. (c) No Litigation. There are no actions, suits, proceedings or investigations of any kind pending or threatened against Augusta before any court, tribunal or administrative agency or board or any mediator or arbitrator that questions the validity of this Agreement or any action taken or to be taken pursuant hereto. Attachment number 1 \nPage 11 of 42 Item # 29 9 (d) TAD Resolution. The TAD Resolution has been validly adopted, remains in full force and effect, and has not been amended or supplemented since its date of adoption. No amendment of or supplement to the TAD Resolution is contemplated by Augusta. (e) Redevelopment Agent. Augusta has been duly designated as Redevelopment Agent for the Village at Riverwatch TAD as contemplated by the Redevelopment Powers Law. Section 3.3 Parties to Cooperate. The parties hereto acknowledge that they are entering into this Agreement based on projections that Phase II will generate Tax Allocation Increment in at least the amount of Two Million Five Hundred Thousand Dollars ($2,500,000) within sixteen (16) years, which is the maximum sum to be paid to Developer as provided herein. Augusta and Developer will cooperate as provided in this Agreement in order to ensure that Tax Allocation Increment generated by Phase II in the Village at Riverwatch TAD are collected and deposited into the Reimbursement Fund in accordance with the terms of this Agreement, thereby permitting reimbursement of Reimbursement Costs advanced by Developer in connection with the TAD Project as contemplated by this Agreement. Section 3.4 Payment of Administrative Fee and Expenses. Developer acknowledges and agrees that Augusta shall be entitled to an Administrative Fee and to be reimbursed its professional, legal and administrative expenses (including Augusta’s costs of negotiating, drafting and reviewing this Agreement) from the Reimbursement Fund and such payments shall have the first priority of payment from the Reimbursement Fund, subject to the caps on such fees and expenses set forth herein. In the event that in any year there are insufficient funds in the Reimbursement Fund to pay such fees and expenses, the unpaid amounts shall accrue and be payable from the first available future deposits into the Reimbursement Fund. ARTICLE IV DEVELOPMET AD COSTRUCTIO Section 4.1 Construction of the TAD Project and Cabela’s Project. (a) Developer will develop and construct, or cause the development and construction of, the TAD Project in substantial conformance with the Plans and the descriptions thereof set forth in Schedules A-2 and B-2 and in accordance with the TAD Project Construction Schedule, subject to Force Majeure. Augusta acknowledges that during the term of this Agreement modifications to the TAD Project as contemplated on the Effective Date may occur. To the extent that such modifications are not Material Modifications, Developer will provide a revised version of Schedule A-2 or B-2 to Augusta, which will be used as the basis for reimbursement of Advances under Section 6.2. To the extent that any such modification is a Material Modification, Developer will comply with the procedures set forth in Section 4.4. Augusta agrees to use commercially reasonable efforts to assist Developer with the TAD Project on the terms set forth in this Agreement to further the public purposes of the Redevelopment Plan and the Redevelopment Powers Law. (b) Developer will construct, or cause the construction of, the TAD Project and the Cabela’s Project in accordance with all applicable Legal Requirements. (c) Developer will develop and construct, or cause the development and construction of, the Cabela’s Project in substantial conformance with the Plans and the descriptions thereof set forth in Schedules A-2 and B-2 and in accordance with the Cabela’s Project Construction Schedule, subject to Force Majeure. Augusta acknowledges that during the term of this Agreement modifications to the Cabela’s Project as contemplated on the Effective Date may occur. To the extent that such modifications are not Material Modifications, Developer will provide a revised version of Schedule A-2 or B-2 to Attachment number 1 \nPage 12 of 42 Item # 29 10 Augusta, which will be used as the basis for reimbursement of Advances under Section 6.2. To the extent that any such modification is a Material Modification, Developer will comply with the procedures set forth in Section 4.4. Augusta agrees to use commercially reasonable efforts to assist Developer with the Cabela’s Project on the terms set forth in this Agreement to further the public purposes of the Redevelopment Plan and the Redevelopment Powers Law. (d) Beginning on the Effective Date and continuing until the Cabela’s Project Completion Date, on a monthly basis Developer will provide to Augusta on or before the last business day of every reporting month a written update on the status and progress of the construction of the Cabela’s Project and the costs and expenses incurred in connection with the Cabela’s Project to date. Said updates shall be provided by Developer in the form of a written report in a format determined by Cabela’s. Additionally, if requested by Augusta, any such monthly update shall also be given in a telephone conference between the Cabela’s Project manager or other appropriate representative and a representative of Augusta to be designated by the City Administrator. These reports and telephone conferences shall be in addition to and not as a substitute for any customary inspections or documents required by Augusta in the usual course of issuing permits and inspecting construction of the Cabela’s Project. (e) Upon completion of the construction of the Cabela’s Project, Developer will provide Augusta with a final cost summary of all costs and expenses associated with the Cabela’s Project, a certification that the Cabela’s Project has been completed, and evidence that all amounts owing to contractors and subcontractors have been paid in full evidenced by customary affidavits executed by such contractors. Section 4.2 Approvals Required for the Project. Developer will obtain or cause to be obtained all necessary Project Approvals for the TAD Project, and the Cabela’s Project and will comply with all Legal Requirements of any governmental body regarding the use or condition of the TAD Project and the Cabela’s Project. Developer may, however, contest any such Legal Requirement or Project Approval by an appropriate proceeding diligently prosecuted. Augusta agrees to process zoning and permit applications in a prompt and timely manner in accordance with its normal rules and procedures. Section 4.3 Unreasonable Delay or Abandonment; Cessation of Work. If Augusta determines in its reasonable discretion that (i) the TAD Project is delayed for reasons other than Force Majeure or market forces such that the TAD Project will not be completed within 210 days of the TAD Project Completion Date as amended, then Augusta may terminate this Agreement by giving written notice thereof to Developer. Prior to any such termination, Augusta must give 60 days advance written notice to Developer and Developer must have failed to effect a cure within said 60-day notice period or, if the cure cannot reasonably be effected within such 60-day period, then Developer must have failed to commence and diligently pursue a cure within such 60-day period. Upon termination of this Agreement as provided in this Section, none of the parties hereto will have any further rights, duties or obligations hereunder. Section 4.4 Material Modifications. Prior to Developer making a Material Modification to the TAD Project, or the Cabela’s Project, Developer will submit the proposed modifications to the City Administrator in writing for review. Any such submission must clearly identify all changes, omissions and additions as compared to the previously approved description of the TAD Project or the Cabela’s Project, as applicable. The City Administrator, as soon as reasonably possible, will put the request for modification on a meeting agenda for Augusta’s consideration. Augusta will act on the requested modification within an amount of time that is reasonably required to consider the request. In addition, to Attachment number 1 \nPage 13 of 42 Item # 29 11 the extent any Material Modification requires an amendment to any portion of the Redevelopment Plan, Augusta will have such amount of time as reasonably required to pursue any such amendment (including required approvals, if any). Section 4.5 Project Modifications. Developer shall provide notice to Augusta immediately upon the occurrence of a Project Modification. If the Project Modification results in an increase in the TAD Project Budget, Developer will provide evidence of sufficient Project Financing to complete the TAD Project. If the Project Modification results in a cessation of work on the TAD Project, Developer shall provide Augusta with an explanation for the delay and the estimated time for resumption of work. ARTICLE V DUTIES, RESPOSIBILITIES AD SPECIAL COVEATS OF D EVELOPER Section 5.1 Completion of the Project. Except as contemplated in Section 4.1(f) and subject to any delays for Force Majeure, notwithstanding any other provision of this Agreement, Developer will commence and complete construction of the TAD Project substantially in accordance with Schedules C- 1 and C-2 with diligence and in a good and workmanlike manner, free and clear of all liens and claims for materials supplied or for labor or services performed, subject to any lawful protest in accordance with Section 5.6. Section 5.2 Compliance with Documents. Prior to its compliance with the Performance Commitments set forth in Schedule I, Developer will remain in compliance with its obligations and covenants in the Loan Documents, if any, pursuant to which amounts were loaned or otherwise made available to Developer to finance construction of the TAD Project and the Cabela’s Project. Section 5.3 Litigation. Developer will notify Augusta in writing, within fifteen (15) business days of its having knowledge thereof, of any actual or pending litigation or adversarial proceeding in which a claim is made against Developer or against the Site or the TAD Project, in any case which Developer reasonably considers may materially impair Developer’s ability to perform its obligations under this Agreement, and of any judgment rendered against Developer in any such litigation or proceeding. Developer will notify Augusta in writing and within fifteen (15) business days of any matter that Developer reasonably considers may result or does result in a material adverse change in the financial condition or operation of Developer or the TAD Project. Section 5.4 Maintenance of the Project. Developer agrees that, to the extent it has an interest in the TAD Project, it will at its own expense (i) keep the TAD Project, or cause the TAD Project to be kept in as reasonably safe condition as its operations permit, (ii) make or cause to be made from time to time all necessary repairs thereto and renewals and replacements thereof and otherwise keep the TAD Project in good repair and in good operating condition and (iii) not permit or suffer others to commit a nuisance or waste on or about the TAD Project. Developer, at its own expense and from time to time, may make any additions, modifications or improvements to the TAD Project that it may deem desirable for its business purposes and that do not constitute Material Modifications. Section 5.5 Records and Accounts. Developer will keep true and accurate records and books of account in connection with the TAD Project in which full, true and correct entries will be made on a consistent basis, in accordance with generally accepted accounting principles. Section 5.6 Liens and Other Charges. Developer will duly pay and discharge, or cause to be paid and discharged, before the same become overdue all claims for labor, materials, or supplies that if unpaid might by law become a lien or charge upon the TAD Project unless Developer is lawfully Attachment number 1 \nPage 14 of 42 Item # 29 12 protesting the same, in which case Developer will provide a reasonably suitable “mechanics lien bond” to discharge such lien from the TAD Project. Section 5.7 Compliance with Laws, Contracts, Licenses, and Permits. Developer will comply in all material respects with (a) all applicable laws, (b) all agreements and instruments by which it or the Site may be bound, and all restrictions, covenants and easements affecting the TAD Project, (c) all applicable decrees, orders and judgments, and (d) all licenses and permits required by applicable laws and regulations for the conduct of its business or the ownership, use or operation of the Site. Section 5.8 Laborers, Subcontractors and Materialmen. Prior to the TAD Project Completion Date, Developer will furnish to Augusta, upon written request at any time and from time to time (but not more often than once every sixty (60) days), affidavits listing all laborers, subcontractors, materialmen, and any other Persons who might or could claim statutory or common law liens and are furnishing or have furnished labor or material to the TAD Project or any part thereof, together with affidavits, or other evidence satisfactory to Augusta, showing that such parties have been paid all amounts then due for labor and materials furnished to the TAD Project. Upon certification of completion of the TAD Project, Developer shall furnish to Augusta final lien waivers it has obtained from the General Contractor and all subcontractors and materialmen who provided goods or services in excess of $50,000.00 each to said project. Section 5.9 Taxes. To the extent of its interest therein, Developer will pay when due all taxes imposed upon or assessed against the Site, the Cabela’s Project, and the TAD Project, or upon the revenues, rents, issues, income and profits of the Cabela’s Project and the TAD Project, or arising in respect of the occupancy, use or possession thereof, and will provide to Augusta, within ten days after a written request therefor, validated receipts showing the payment of such taxes when due. Developer will have the right to appeal an assessment for ad valorem tax purposes. Section 5.10 Insurance. To the extent of its interest therein, Developer will keep the TAD Project and the Cabela’s Project continuously insured (a reasonable part of which insurance may be self- insurance) against such risks as are customarily insured against by businesses of like size and type engaged in the same or similar operations. Section 5.11 Further Assurances and Corrective Instruments. Augusta and Developer agree that they will, from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such supplements and amendments hereto and such further instruments as may reasonably be required for carrying out the intention or facilitating the performance of this Agreement; provided that the rights of Augusta and Developer hereunder and the ability of Developer to construct the TAD Project and the Cabela’s Project are not impaired thereby. Section 5.12 Performance by Developer. Developer will perform all acts to be performed by it hereunder and will refrain from taking or omitting to take any action that would materially violate Developer’s representations and warranties hereunder or render the same materially inaccurate as of the Effective Date and subsequent Requisition dates or that in any material way would prevent the consummation of the transactions contemplated hereby in accordance with the terms and conditions hereof. Section 5.13 Restrictions on Easements and Covenants. Except for Permitted Exceptions, Developer will not create or suffer to be created or to exist any easement, right of way, restriction, covenant, condition, license or other right in favor of any Person (other than an Affiliate of Developer) which materially and adversely affects or might materially and adversely affect title to the TAD Project or the Cabela’s Project or the use and occupancy thereof or any part thereof without obtaining the prior Attachment number 1 \nPage 15 of 42 Item # 29 13 approval of Augusta (such approval not to be unreasonably withheld), other than easements and rights of ways customary for utilities, drainage, vehicular and pedestrian access, signage and similar matters and temporary construction easements which do not materially and adversely affect the use of the TAD Project or the Cabela’s Project for its intended purposes. Section 5.14 Access to the Site. Upon a minimum of five (5) days prior written notice from Augusta, Developer will permit persons designated by Augusta to access the Site and to discuss the progress and status of the TAD Project and the Cabela’s Project with representatives of Developer, all in such detail and at such times as Augusta may reasonably request. All such access must be during normal business hours and in a manner that will not unreasonably interfere with construction activities of the TAD Project, or the Cabela’s Project or with Developer’s business operations generally. Augusta must be accompanied by a representative of Developer during any access contemplated by this Section. To the extent allowed by law, Augusta shall indemnify and hold Developer harmless from and against any and all claims, actions, damages, liabilities, costs and expenses including, without limitation, reasonable attorneys’ fees and expenses, relating to any personal injury (or death), property damage or other loss caused in connection with such access. Section 5.15 Delivery of Documents. Prior to the Effective Date, Developer shall deliver to Augusta the following: (a) Most recent plat of the Site; (b) Environmental Report; (c) Title Policy, including any Permitted Exceptions; (d) Corporate Resolutions authorizing Developer to enter into this Agreement or other reasonable documentation evidencing such authorization (see Section 3.1(b)); (e) Certification of the good standing of Developer from the Georgia Secretary of State; and (f) Developer’s most recent financial statements. Prior to commencement of construction of the TAD Project , Developer shall deliver to Augusta documents evidencing that Developer has obtained Project Financing. Section 5.16 Scope of Developer Commitments. All representations, warranties and obligations of Developer hereunder shall be personal to Developer, and in no event shall Developer be deemed to be in default of any representation, warranty, or other obligation under this Agreement as a result solely of the noncompliance by any other property owner or occupant of a portion of the Village at Riverwatch Project with the terms of this Agreement; provided, however, if this Agreement is assigned pursuant to Section 9.5, any successor in interest to Developer shall be bound by all of the obligations of Developer set forth herein. Attachment number 1 \nPage 16 of 42 Item # 29 14 ARTICLE VI ADVACES; DISBURSEMET; REIMBURSEMET FUD; FIACI G ALTERATIVES Section 6.1 Advances. (a) Developer, in its sole discretion as to timing and amount, may make or cause to be made Advances in connection with the TAD Project. (b) Developer may submit Requisitions to Augusta for its review and approval for reimbursement for any such Advances as described in Section 6.2. Section 6.2 Disbursements. Subject to material compliance by Developer with all of the terms and conditions of this Agreement, the funds deposited into the Reimbursement Fund and certain other funds appropriated by Augusta will be available for disbursement to Developer for reimbursement of Advances in connection with the TAD Project at such times and in such amounts as determined (each a “Disbursement”) in accordance with the following procedures: (a) Upon completion of the TAD Project and delivery of the certification required by Section 4.1(e), Developer will submit a Requisition to Augusta. The Requisition will include (i) the TAD Project Budget and the itemized schedule of values prepared by the General Contractor or Developer of the total Reimbursement Costs for which amounts on deposit in the Reimbursement Fund are requested (the “Schedule of Values”), (ii) all costs incurred for construction and non-construction expenses for the Reimbursement Costs to the date of the Requisition, which Reimbursement Costs have been itemized under the applicable line items of the TAD Project Budget and the Schedule of Values, and (iii) the percentage of completion of each line item on the TAD Project Budget and the Schedule of Values. The accuracy of the cost breakdown and percentage completion in the Requisition must be certified by Developer, and hard construction costs must be certified by the General Contractor. The amount of the Requisition shall not exceed Two Million Five Hundred Thousand Dollars ($2,500,000.00). (b) The Requisition must be accompanied by evidence in form and content reasonably satisfactory to Augusta (including, but not limited to, certificates and affidavits of Developer) showing: (i) Copies of all bills or statements or canceled checks for any indirect or non-construction expense for which the Disbursement is requested (other than land valuation as set forth on Schedule D and construction interest); (ii) If the Requisition includes amounts to be paid to any contractor, a contractor’s application for payment showing the amount paid by Developer with respect to each such line item and copies of all bills or statements or canceled checks for expenses incurred by Developer for which the Disbursement is requested and a copy of a reasonably satisfactory “Interim Waiver and Release upon Payment” pursuant to O.C.G.A. § 44-14-366 from the General Contractor which received payment from the proceeds of the immediately preceding Requisition; (iii) That all construction has been conducted substantially in accordance with the Plans (and all changes thereto approved by Augusta or otherwise permitted pursuant to the terms hereof); and (iv) That there are no liens outstanding against the TAD Project except for (A) those set forth in the Title Policy, (B) inchoate liens for property taxes not yet due and payable, (C) liens being contested in accordance with the terms and conditions set forth in applicable law, and (D) loans for the construction of the TAD Project. Attachment number 1 \nPage 17 of 42 Item # 29 15 (c) The construction for which Reimbursement Costs are included in any Requisition must be reviewed and approved by Augusta or its appointed consultant to verify the approval of the construction, the cost of completed construction, and compliance with the Plans, which approval shall not be unreasonably withheld, conditioned or delayed. (d) So long as there is any unreimbursed balance with respect to the Requisition, on the first business day of each calendar quarter Augusta will direct that available funds in the Reimbursement Fund be promptly disbursed in order to satisfy these outstanding amounts, subject first to the payment of the Administrative fee or Augusta’s expenditures for legal and professional fees incurred in connection with the Cabela’s Project. Provided however, that no reimbursement will be made to Developer for any ad valorem property taxes paid into the Special Fund for parcels of land under tax appeal until such time as such appeals are ultimately resolved. (e) Notwithstanding anything to the contrary herein, in no event will Tax Allocation Increment applicable to periods beyond sixteen (16) years after opening of the Cabela’s retail store on the Cabela’s Tract be used to satisfy outstanding balances due Developer, if any. Obligations due Developer under this Agreement will terminate upon the earlier to occur of (i) the satisfaction of all amounts due Developer including the aggregate of all Requisitions in a principal amount not to exceed Two Million Five Hundred Thousand Dollars ($2,500,000.00) or (ii) sixteen (16) years after opening of the Cabela’s retail store on the Cabela’s Tract. Notwithstanding the time limitation contained herein, in the event that Developer has not been fully reimbursed its Redevelopment Costs prior to the expiration of sixteen (16) years from the opening of the Cabela’s retail store on the Cabela’s Tract and Administrative Fees have been deducted from the Reimbursement Fund during such period, then the term of this Agreement shall be extended for such period of time as necessary for Developer to be reimbursed any unreimbursed Redevelopment Costs in amount up to the total Administrative Fees paid from the Reimbursement Fund. Section 6.3 Limited Liability. (a) Except as provided in Section 6.5, the payment of all obligations required to be paid by Augusta under this Agreement shall be special or limited obligations of Augusta payable only from the Reimbursement Fund. Augusta will have no liability to honor any Requisition except from amounts on deposit in the Reimbursement Fund. (b) To the extent permitted by State law, no director, officer, employee or agent of Augusta will be personally responsible for any liability arising under or growing out of the Agreement. (c) Augusta will not be obligated to disburse any funds to any person under this Agreement other than to Cabela’s or as otherwise permitted under this Agreement or as agreed to by the Parties. Section 6.4 Reimbursement Fund. Provided that there is positive Tax Allocation Increment in the Village at Riverwatch TAD, the following amounts will be deposited into the Reimbursement Fund from the Special Fund by Augusta: 1) One hundred percent (100%) of any positive Tax Allocation Increment within the Village at Riverwatch TAD attributable to Phase II, which includes the Cabela’s Site and other sites as depicted on Schedule J attached hereto. Section 6.5 Alternative Financing. Nothing in this Agreement will limit the right of Augusta to consider alternative methods of financing or refinancing Reimbursement Costs of the TAD Project, including, without limitation, the issuance of TAD Bonds, so long as such financing does not have a detrimental effect on the TAD Project or the Village at Riverwatch Project. In lieu of Attachment number 1 \nPage 18 of 42 Item # 29 16 reimbursement from the Reimbursement Fund pursuant to Requisitions as contemplated herein, Augusta, in its sole discretion, may choose to issue TAD Bonds to finance all or a portion of the TAD Project contemplated herein. If Augusta chooses to issue TAD Bonds, Developer will cooperate and assist Augusta in this regard at no expense to Developer and comply with any conditions precedent established by Augusta, including, without limitation, any additional customary covenants and representations associated with issuance of TAD Bonds. If TAD Bonds are issued and proceeds thereof are paid to Developer in an amount sufficient to pay the unpaid Reimbursement Costs of the TAD Project as contemplated by this Agreement and the proceeds of any such TAD Bonds paid to Developer together with the principal sum paid by the Reimbursements contemplated herein are not less than the amounts contemplated in Section 6.2(e) of this Agreement (i.e., $2,500,000.00), this Agreement will terminate. ARTICLE VII IDEMIFICATIO Section 7.1 Indemnification. Developer will defend, indemnify, and hold Augusta and its agents, employees, officers, and legal representatives (collectively, the “Indemnified Persons”) harmless for all claims, causes of action, liabilities, fines, and expenses (including, without limitation, reasonable attorneys’ fees, court costs, and all other defense costs and interest) (collectively, the “Losses”) for injury, death, damage, or loss to persons or property sustained in connection with or incidental to the construction of the TAD Project. Notwithstanding anything to the contrary in this Article, (1) the total cost and expense Developer’s indemnification and defense obligations under this Article is limited to the greater of $3,000,000.00 or the policy limits available under the insurance policies required under Section 5.10; (2) Developer will not be obligated to indemnify or defend any Indemnified Person for the Indemnified Person’s own negligence, recklessness or intentional act or omission; and (3) Developer will not be obligated to indemnify or defend any Indemnified Persons to the extent that any claims that might otherwise be subject to indemnification or defense hereunder resulted, in whole or in part, from the gross negligence, recklessness or intentional act or omission of any other Indemnified Person or Persons. Section 7.2 otice of Claim . If an Indemnified Person receives notice of any claim or circumstance which could give rise to indemnified Losses, the receiving party must give written notice to Developer within ten (10) business days. The notice must include a description of the indemnification event in reasonable detail, the basis on which indemnification may be due, and the anticipated amount of the indemnified Losses. Such notice will not stop or prevent an Indemnified Person from later asserting a different basis for indemnification or a different amount of indemnified Losses than that indicated in the initial notice. If an Indemnified Person does not provide this notice within the ten business-day period, it does not waive any right to indemnification except to the extent that Developer is prejudiced, suffers loss, or incurs expense because of the delay. Section 7.3 Defense. Developer may assume and control the defense of the claim based on the indemnified Losses at its own expense with counsel chosen by Developer with the concurrence of the Indemnified Person, which concurrence shall not be unreasonably withheld, conditioned or delayed. Developer will also control any negotiations to settle the claim. Within ten (10) business days after receiving written notice of the indemnification request, Developer will advise the Indemnified Person as to whether or not it will defend the claim. If Developer does not assume the defense, the Indemnified Person will assume and control the defense and all defense expenses actually incurred by it will constitute Losses. Section 7.4 Separate Counsel. If Developer elects to defend a claim, the Indemnified Person may retain separate counsel, at the sole cost and expense of such Indemnified Person, to participate in (but not control or impair) the defense and to participate in (but not control or impair) any settlement Attachment number 1 \nPage 19 of 42 Item # 29 17 negotiations. Developer may settle the claim without the consent or agreement of the Indemnified Person, unless the settlement (i) would result in injunctive relief or other equitable remedies or otherwise require the Indemnified Person to comply with restrictions or limitations that adversely affect the Indemnified Person, (ii) would require the Indemnified Person to pay amounts that Developer does not fund in full, or (iii) would not result in the Indemnified Person’s full and complete release from all liability to the plaintiffs or claimants who are parties to or otherwise bound by the settlement. Section 7.5 Survival. The provisions of Article VII will remain in effect until the expiration of four (4) years after certification of completion of the TAD Project, whichever last occurs. ARTICLE VIII DEFAULT Section 8.1 Default by Developer. (a) Until delivery of the certificates of completion for the TAD Project contemplated in Section 4.1, the following will constitute a Default by Developer: (i) Failure of Developer to materially and timely comply with and perform any of its covenants, conditions or obligations set forth in this Agreement; (ii) The declaration of an “event of default” by any lender under any loan agreement with respect to Project Financing or a breach of Section 5.2; (iii) An Act of Bankruptcy of Developer. (b) Until two (2) years after delivery of the certificates of completion for the TAD Project contemplated in Section 4.1, the following will constitute a Default by Developer: (i) Any material representation or warranty made by Developer in this Agreement or subsequently made by it in any written statement or document furnished to Augusta and related to the transactions contemplated by this Agreement is false, incomplete, inaccurate or misleading in any material respect as of the date such representation or warranty is made; (ii) Any material report, certificate or other document or instrument furnished to Augusta by Developer in relation to the transactions contemplated by this Agreement is false, inaccurate or misleading in any material respect; or if any report, certificate or other document furnished to Augusta on behalf of Developer, to the extent that Developer knows such document is false, inaccurate or misleading and fails to promptly report such discrepancy to Augusta. Section 8.2 Remedies. If a default by Developer occurs and is continuing 30 days after receipt of written notice to Developer from Augusta specifying the existence of such default (or within a reasonable time thereafter if such default cannot reasonably be cured within such 30-day period and Developer begins to diligently pursue the cure of such default within such 30-day period), the default will become an “Event of Default,” and Augusta will be entitled to elect any or all of the following remedies: (i) subject to the final sentence in this Section, terminate this Agreement and discontinue further funding hereunder, (ii) seek any remedy at law or in equity that may be available as a consequence of Developer’s default; (iii) pursue specific performance of this Agreement or injunctive relief; or (iv) waive such Event of Default. Upon termination of this Agreement as provided in this Section, none of the parties hereto will have any further rights, duties or obligations hereunder except Attachment number 1 \nPage 20 of 42 Item # 29 18 that all amounts due to Developer for unreimbursed Advances and interest accrued thereon will continue to be payable to Developer under the terms of this Agreement. Section 8.3 Remedies Cumulative. Except as otherwise specifically provided, all remedies of the parties provided for herein are cumulative and will be in addition to any and all other rights and remedies provided for or available hereunder, at law or in equity. Section 8.4 Agreement to Pay Attorneys’ Fees and Expenses. In the event of an Event of Default by Developer, if Augusta employs attorneys or incurs other expenses for the collection of amounts due hereunder or for the enforcement of the performance or observance of any covenants or agreements on the part of Developer contained herein, Developer agrees that it will on demand therefor pay to Augusta, as applicable, the reasonable fees of such attorneys and such other reasonable expenses so incurred by Augusta, the amount of such fees of attorneys to be without regard to any statutory presumption. Section 8.5 Default by Augusta. The following will constitute a default by Augusta: Any material breach by it of any representation made in this Agreement or any material failure by it to observe and perform any covenant, condition or agreement on its part to be observed or performed hereunder, for a period of 30 days after written notice specifying such breach or failure and requesting that it be remedied, given to it by Developer; provided that in the event such breach or failure can be corrected but cannot be corrected within said 30-day period, the same will not constitute a default hereunder if corrective action is instituted by the defaulting party or on behalf of the defaulting party within said 30-day period and is being diligently pursued. Section 8.6 Remedies Against Augusta. Upon the occurrence and continuance of a default by Augusta hereunder for a period of 30 days after its receipt of written notice thereof from Developer, Developer may seek specific performance of this Agreement or pursue any other remedies available at law or in equity. ARTICLE IX MISCELLAEOUS Section 9.1 Term of Agreement. This Agreement will commence on the Effective Date and will expire on the earlier to occur of the date on which all Reimbursement Costs for the TAD Project have been fully reimbursed to Developer from the Reimbursement Fund or sixteen (16) years after opening of the Cabela’s retail store on the Cabela’s Tract. Section 9.2 otices . Any notice sent under this Agreement (except as otherwise expressly required) must be written and mailed or sent by overnight courier or personally delivered to an officer of the receiving party at the following addresses: If to Developer: Cabela’s Wholesale, Inc. One Cabela Drive Sidney, Nebraska 69160 Attn: Mr. Mark Nienhueser With a copy to: Cabela’s Incorporated Attachment number 1 \nPage 21 of 42 Item # 29 19 One Cabela Drive Sidney, Nebraska 69160 Attn: Mr. Edward L. Ball If to Augusta: City Administrator 530 Greene Street Suite 801 Augusta, GA 30911 With a copy to: General Counsel 531Greene Street Augusta, Georgia 30901 Each party may change its address by written notice in accordance with this Section. Any communication addressed and mailed in accordance with this Section will be deemed to be given when so mailed, and any communication so delivered in person will be deemed to be given when receipted for by, or actually received by the party identified above. Section 9.3 Amendments and Waivers. Any provision of this Agreement may be amended or waived if such amendment or waiver is in writing and is signed by the parties hereto. No course of dealing on the part of any party to this Agreement, nor any failure or delay by any party to this Agreement with respect to exercising any right, power or privilege hereunder will operate as a waiver thereof. Section 9.4 Invalidity. In the event that any provision of this Agreement is held unenforceable in any respect, such unenforceability will not affect any other provision of this Agreement. Section 9.5 Successors and Assigns. Developer may not assign this Agreement or any of its rights hereunder or any interest herein without the prior written consent of Augusta, which consent may not be unreasonably withheld, conditioned or delayed; provided that Developer may, without the prior consent of Augusta, assign this Agreement and all or any portion of its rights hereunder and interests herein (i) to any Affiliate of it or to any entity which controls, is controlled by or under common control with it; (ii) to any purchaser of more than 60% of the total acreage of the Cabela’s Project; or (iii) to any lender providing financing for all or any part of the Cabela’s Project. Developer will provide written notice to Augusta of any such assignment. Upon any such assignment of the obligations of Developer hereunder, Developer will be deemed released from such obligations. Notwithstanding the above, Developer may collaterally assign this Agreement and its rights hereunder and interest herein, without the consent of Augusta, to a lender to secure any acquisition, development or construction loan for the TAD Project or the Cabela’s Project. Section 9.6 Schedules; Titles of Articles and Sections. The Schedules attached to this Agreement are incorporated herein and will be considered a part of this Agreement for the purposes stated herein, except that in the event of any conflict between any of the provisions of such Schedules and the provisions of this Agreement, the provisions of this Agreement will prevail. All titles or headings are only for the convenience of the parties and may not be construed to have any effect or meaning as to the agreement between the parties hereto. Any reference herein to a Section or subsection Attachment number 1 \nPage 22 of 42 Item # 29 20 will be considered a reference to such Section or subsection of this Agreement unless otherwise stated. Any reference herein to a Schedule will be considered a reference to the applicable Schedule attached hereto unless otherwise stated. Section 9.7 Applicable Law. This Agreement is a contract made under and will be construed in accordance with and governed by the laws of the United States of America and the State of Georgia. Venue shall be in Augusta, Georgia. Section 9.8 Entire Agreement. This written agreement represents the final agreement between the parties and may not be contradicted by evidence of prior, contemporaneous, or subsequent oral agreements of the parties. There are no unwritten oral agreements between the parties. Section 9.9 Approval by the Parties. Whenever this Agreement requires or permits approval or consent to be hereafter given by any of the parties, the parties agree that such approval or consent may not be unreasonably withheld, conditioned or delayed, and will be deemed given if no written objection is delivered to the requesting party within ten (10) business days after delivery of the request to the approving party. Section 9.10 Additional Actions. The parties agree to take such actions, including the execution and delivery of such documents, instruments, petitions and certifications as may be necessary or appropriate, from time to time, to carry out the terms, provisions and intent of this Agreement and to aid and assist each other in carrying out said terms, provisions and intent. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be duly executed as of the ____ day of ________, 2014. (Signatures on following pages) Attachment number 1 \nPage 23 of 42 Item # 29 21 AUGUSTA, GEORGIA By: __________________________________ Its: Mayor Attest: __________________________________ Its: Clerk of Commission CABELA’S WHOLESALE, INC. By: __________________________________________ Its: President Attest: __________________________________________ Its: Secretary Attachment number 1 \nPage 24 of 42 Item # 29 22 SCHEDULES A A-1 Site Description A-2 Site Plan B B-1 Cabela’s Project Description B-2 TAD Project Description C C-1 TAD Project Construction Schedule C-2 Cabela’s Project Construction Schedule D D-1 TAD Project Budget D-2 Cabela’s Project Budget E Form of Requisition F G Intentionally Omitted Source and Uses Statement H Intentionally Omitted I J Performance Commitments Phase II Attachment number 1 \nPage 25 of 42 Item # 29 SCHEDULE A-1 SITE DESCRIPTION All that tract or parcel of land lying and being in the City of Augusta, Georgia, in the 90th G.M.D. of Richmond County and being more particularly described as follows: To find the 5/8-inch rebar of Beginning commence at the southwest side if the mitered intersection of the south side of Alexander Drive having a 100' right of way and the eastern right of way line of Riverwalk Parkway having a variable right of way and thence run along said southerly right of way 2017.04 feet to a 5/8-inch rebar located at the intersection of said southerly right of way with the proposed western right of way line of Comcast Lane, Thence run North 55 degrees 16 minutes 49 seconds East a distance of 70.00 feet to said proposed eastern right of way line of Comcast Lane; Thence leaving said proposed eastern right of way ling and continue along said southerly right of way line North 55 degrees 16 minutes 49 seconds East a distance of 97.58 feet to a 5/8-inch rebar found at the end of said southerly right of way; Thence run along said end of right of way north 34 degrees 43 minutes 06 seconds West a distance of 100.00 feet to a 5/8-inch rebar found on the northern right of way line of Alexander Drive with said 5/8- inch rebar being the 5/8-inch rebar of beginning; Thence from said 5/8-inch rebar of Beginning and leaving said northern right of way and run North 34 degrees 49 minutes 24 seconds West a distance of 409.90 feet to a 5/8-inch rebar set; thence North 55 degrees 10 minutes 46 seconds East a distance of 127.61 feet to a 5/8-inch rebar set; thence North 04 degrees 36 minutes 29 seconds West a distance of 221.27 feet to a 5/8-inch rebar set; thence North 04 degrees 36 minutes 29 seconds West a distance of 24.86 feet to a 5/8-inch rebar set; thence North 10 degrees 59 minutes 25 seconds East a distance of 25.34 feet to a 5/8-inch rebar found; thence South 09 degrees 55 minutes 11 seconds East a distance of 11.31 feet to a 5/8-inch rebar found; thence South 53 degrees 50 minutes 33 seconds East a distance of 11.76 feet to a 5/8-inch rebar found; thence North 87 degrees 07 minutes 43 seconds East a distance of 11.54 feet to a 5/8-inch rebar found; thence North 61 degrees 36 minutes 43 seconds East a distance of 23.62 feet to a 5/8-inch rebar found; thence North 51 degrees 46 minutes 20 seconds East a distance of 113.79 feet to a 5/8-inch rebar found; thence North 77 degrees 30 minutes 04 seconds East a distance of 13.77 feet to a 5/8-inch rebar found; thence South 86 degrees 18 minutes 02 seconds East a distance of 21.40 feet to a 5/8-inch rebar found; thence South 69 degrees 58 minutes 59 seconds East a distance of 71.56 feet to a 5/8-inch rebar found; thence South 58 degrees 13 minutes 32 seconds East a distance of 51.51 feet to a 5/8-inch rebar found; thence South 53 degrees 59 minutes 29 seconds East a distance of 151.15 feet to a 5/8-inch rebar found; thence South 85 degrees 01 minutes 01 seconds East a distance of 10.70 feet to a 5/8-inch rebar found; thence South 00 degrees 00 minutes 00 seconds West a distance of 276.13 feet to a 5/8-inch rebar set; thence South 13 degrees 01 minutes 58 seconds East a distance of 13.30 feet to a 5/8-inch rebar set; thence South 02 degrees 21 minutes 27 seconds West a distance of 139.70 feet to a 5/8-inch rebar set; thence along the arc of a curve to the right having a radius of 60.00 feet a distance of 49.74 feet to a 5/8-inch rebar set, with said arc being subtended by a chord bearing of South 34 degrees 45 minutes 02 seconds West and a chord length of 48.33 feet; thence South 58 degrees 29 minutes 55 seconds West a distance of 65.33 feet to a 5/8-inch rebar set; thence North 79 degrees 37 minutes 46 seconds West a distance of 28.32 feet to a 5/8-inch rebar set; thence South 55 degrees 18 minutes 01 seconds West a distance of 187.06 feet to a 5/8-inch rebar found and the Point of Beginning. Said tract or parcel to contain 5.846 Acres. Attachment number 1 \nPage 26 of 42 Item # 29 SCHEDULE A-2 SITE PLAN [TO BE ATTACHED] Attachment number 1 \nPage 27 of 42 Item # 29 SCHEDULE B-1 CABELA’S PROJECT DESCRIPTIO A freestanding Cabela’s Outpost retail store containing approximately 42,000 square feet of space with parking for 244 vehicles situated on approximately 5.8 acres of land in the Village of Riverwatch shopping center in Augusta, Georgia. Attachment number 1 \nPage 28 of 42 Item # 29 SCHEDULE B-2 TAD PROJECT DESCRIPTIO Land acquisition, plan approval, grading, retaining walls, utilities, concrete and paving, landscaping, site lighting, permitting and professional fees relating thereto for the new Cabela’s Outpost retail store to be located in the Village at Riverwatch shopping center in Augusta, Georgia. Attachment number 1 \nPage 29 of 42 Item # 29 SCHEDULE C-1 TAD PROJECT CONSTRUCTION SCHEDULE ITEM: ACTUAL OR ESTIMATED COMPLETIO DATE: Land acquisition August 30, 2013 Retaining Walls February 28, 2014 Concrete and Paving March 31, 2014 Landscaping March 31, 2014 Sitework April 30, 2014 Site Lighting April 30, 2014 Utilities April 30, 3014 Contingency for Delays December 31, 2014 Attachment number 1 \nPage 30 of 42 Item # 29 SCHEDULE C-2 CABELA’S PROJECT CONSTRUCTION SCHEDULE ITEM: ACTUAL OR ESTIMATED COMPLETIO DATE: Land, grading, infrastructure and other horizontal items April 30, 2014 Building Foundations October 31, 2013 Building Exterior Walls, Structural Steel, Roof December 15, 2013 Building Interior Slab-on-Grade January 31, 2013 Building Interior MEP Install February 28, 2014 Building Interior Finishes February 28, 2014 Building Exterior Finishes February 28, 2014 Furniture, Fixtures, and Equipment April 30, 2014 Contingency for Delays December 31, 2014 Attachment number 1 \nPage 31 of 42 Item # 29 D-1-1 CI-#9396169-v2-Cabela_s__Augusta_Development_Agreement.doc SCHEDULE D-1 TAD PROJECT BUDGET ITEM: ACTUAL OR ESTIMATED COST: Land acquisition and related costs $1,200,000 Sitework $ 400,000 Retaining Walls $ 150,000 Utilities $ 300,000 Concrete and Paving $ 500,000 Landscaping $ 100,000 Site Lighting $ 150,000 Professional Services $ 250,000 Environmental and permitting $ 25,000 TOTAL $3,075,000 Note: Amounts may be adjusted within each category. The total budget may be adjusted or increased or decreased in accordance with the terms of this Agreement. Attachment number 1 \nPage 32 of 42 Item # 29 SCHEDULE D-2 CABELA’S PROJECT BUDGET ITEM: ACTUAL OR ESTIMATED COST: Land, grading, infrastructure and other horizontal costs $ 3,075,000 Building and other vertical costs $ 7,050,000 Furniture, fixtures and equipment $ 2,500,000 TOTAL $12,625,000 Note: Amounts may be adjusted within each category. The total budget may be adjusted or increased or decreased in accordance with the terms of this Agreement. Attachment number 1 \nPage 33 of 42 Item # 29 SCHEDULE E FORM OF REQUISITION VILLAGE AT RIVERWATCH TAX ALLOCATION DISTRICT Requisition No. __ Date of Requisition: __________ ___, 20__. TO: Attention: Facsimile: PROJECT: TAD Project DEVELOPER: Cabela’s Wholesale, Inc. Application is made for payment of amounts on deposit in the Special Fund to pay for Reimbursement Costs in the amount, for the purposes and on the terms set forth below, all in accordance with the provisions of that certain Development Agreement between Augusta and the Developer named above, dated as of ________________, 2013 All capitalized terms used herein not otherwise defined shall have the meaning given them in the Development Agreement. As of the date of this Requisition No. ___, outstanding Requisition amounts and accrued interest thereon is $__________ (the “Outstanding Balance”) as detailed below: Requisition o. Date Approved Amount of Requisition Amounts Paid to Date Balance Unpaid Total Amount Due AIA Form G-702 and its Continuation Sheet, AIA Document G-703, are attached as Exhibit A and are made a part of this Requisition. Architect’s and Contractor’s Certificates for Payment are attached as part of the attached AIA Form G-702. 1. The TAD Project Budget is $___________ and the TAD Project costs, Schedule of Values and Percentages of Completion are as set forth on Forms G-702 and G-703 attached. Attachment number 1 \nPage 34 of 42 Item # 29 2. Total amount requested: $_____________________. 3. Attached hereto as Exhibit B are: (a) Copies of all bills or statements or cancelled checks for any indirect or soft-cost expense for which this Requisition is requested; (b) Copies of all bills or statements or cancelled checks for any such hard cost expenses incurred by the Developer for which this Requisition is requested; (c) To the extent applicable, a copy of a satisfactory “Interim Waiver and Release Upon Payment” pursuant to O.C.G.A. § 44-14-366 from the General Contractor which received payment from the proceeds of the immediately preceding Requisition; and (d) Certificate of Occupancy issued for the Cabela’s Project. DEVELOPER’S CERTIFICATIOS In accordance with the Development Agreement, Developer certifies to Augusta that: (a) all of its representations and warranties made in and as of the date of the Development Agreement are true and correct in all material respects as of the date hereof; (b) the construction of the TAD Project is in accordance with the Plans and the Development Agreement; (c) the Project Cost breakdown referenced in this Requisition is accurate; (d) all amounts being reimbursed for stored materials are and will be stored in either (a) a bonded warehouse approved by Augusta and accessible to inspection by representatives of Augusta, or (b) stored in a locked and otherwise secure storage arrangement acceptable to Augusta and insured in an amount acceptable to Augusta; (e) intentionally omitted; (f) no payment under this Requisition exceeds the maximum allowable non-construction expenses actually incurred within the amounts set forth in the TAD Project Budget, plus the actual cost of the completed portion of the TAD Project; (g) all payments requested under this Requisition are for TAD Project items (i) which are of a quality and construction acceptable under this Agreement and (ii) which have not been previously paid; (h) there are no liens outstanding against the site of the TAD Project except (i) inchoate liens for property taxes not yet due and payable, (ii) liens being contested in accordance with the terms and conditions set forth in applicable law and (iii) liens consented to by Augusta or otherwise permitted by the Development Agreement; (i) Developer is not in default under the Development Agreement; and (j) no governmental body has lawfully issued the equivalent of a stop order with respect to any portion of the TAD Project. Attachment number 1 \nPage 35 of 42 Item # 29 Submitted by: CABELA’S WHOLESALE, INC. By: Its: Approved: AUGUSTA, GEORGIA By: Its: Attachment number 1 \nPage 36 of 42 Item # 29 SCHEDULE F ITETIOALLY OMITTED Attachment number 1 \nPage 37 of 42 Item # 29 SCHEDULE G SOURCES AD USES STATEMET Sources of financing: internal and external sources of Developer; debt or equity financing. Uses are as described in the Development Agreement. Attachment number 1 \nPage 38 of 42 Item # 29 CI-#9396169-v2-Cabela_s__Augusta_Development_Agreement.doc SCHEDULE H INTENTIONALLY OMITTED Attachment number 1 \nPage 39 of 42 Item # 29 CI-#9396169-v2-Cabela_s__Augusta_Development_Agreement.doc SCHEDULE I PERFORMANCE COMMITMENTS For purposes of Section 5.2 of this Agreement, the following performance commitments shall apply: Investment: Subsequent to a Certificate of Occupancy being granted for the Cabela’s Outpost Store, upon the submission of the initial Requisition, Augusta shall reasonably determine the total investment made by Developer in the Cabela’s Project which shall include, without limitation, the costs identified in the TAD Project Budget and the Cabela’s Project Budget attached to this Agreement. In the event that Developer has expended or otherwise invested an amount equal to or greater than $11,500,000, then in such event all sums deposited into the Reimbursement Fund (less any Administrative Fees due and payable) beginning December 31, 2014 shall be disbursed to Developer in accordance with the provisions of Article IV of this Agreement. In the event that Developer has invested less than $11,500,000 but more than $8,500,000 in the Cabela’s Project, then the maximum amount of reimbursement from the Reimbursement Funds shall be $2,000,000, and such sum shall be disbursed to Developer. Job Creation: To determine whether the job creation performance commitment has been met, the total number of full-time equivalent jobs (defined below as “FTE Jobs”) at the Cabela’s Outpost Store shall be determined as of the end of twelve (12) months after the opening of the store (the “Job Count Date”), subject to the two-year rolling average provisions set forth below. In the event that the total number of FTE Jobs is equal to or greater than sixty (60) as of the Job Count Date, then all sums then and thereafter deposited into the Reimbursement Fund (less any Administrative Fees due and payable) shall be disbursed to Developer in accordance with the provisions of Article VI of this Agreement. In the event that Developer has created fewer than sixty (60) FTE Jobs as of the Job Count Date, a fractional amount of the sum then deposited into the Reimbursement Fund shall be disbursed to Developer for the first year of its operation, with the numerator of such fraction being the total number of FTE Jobs created and the denominator being one hundred (100). Thereafter, a determination shall be made annually on the anniversary of the Job Count Date as to the average number of FTE Jobs existing at the Cabela’s Project during the then-most recent year and the year preceding it (a two-year rolling average). In the event that the total average number of FTE Jobs existing at the Cabela’s Project is equal to or greater than sixty (60) for such two-year period, then (i) the job creation performance commitment shall be deemed fully satisfied, (ii) no additional determinations of the number of FTE Jobs shall thereafter be required, (iii) all sums then and thereafter deposited into the Reimbursement Fund (less any Administrative Fees due and payable) shall be disbursed to Developer in accordance with the provisions of Article VI of this Agreement and (iv) Developer shall retain the right to receive the maximum amount of reimbursement from the Reimbursement Fund during the term of the Agreement (collectively, the “Job Count Achievement Provisions”). In the event that the average total number of FTE Jobs is fewer than sixty (60) for such two-year period, then Developer shall be paid a fractional amount of the then-most recent year’s deposits into the Reimbursement Fund (less Administrative Fees due and payable) as described above, and the annual review shall continue on each anniversary of the Job Count Date until such time as the then-current two-year average number of FTE Jobs equals or exceeds sixty (60). If and when the then-current two-year average number of FTE Jobs equals or exceeds sixty (60), the Job Count Achievement Provisions shall apply. “FTE Jobs” defined: For purposes of this Schedule I, the number of new full-time equivalent jobs (referred to herein as “FTE Jobs”) shall be defined and determined, from time to time, as follows. Attachment number 1 \nPage 40 of 42 Item # 29 CI-#9396169-v2-Cabela_s__Augusta_Development_Agreement.doc (a) Only direct employees of Developer shall be counted as FTE Jobs, subject to the contract employee provisions set forth below. (b) In determining the number of FTE Jobs, a portion of the definition of “full-time job” from the job tax credit regulations of the Georgia Department of Community Affairs (which portion is set forth below) shall be used, but shall be modified as follows: “In no event shall any leased employee be counted as occupying an FTE Job, regardless of whether or not such person is employed by Developer or any other person or entity, provided, that, subject to the limitation set forth below, a contract employee of Developer, in a position that otherwise meets the definition of an FTE Job may be counted as such, if Developer provides benefits to such employee comparable to those provided by Developer to its permanent employees for purposes of this Agreement (each such worker, a “qualified contract worker”).” The parties agree, however, that if at any time the number of contract workers at the Cabela’s Project (whether or not they are qualified contract workers) amounts to more than 20% of Developer’s permanent employees at the Cabela’s Project, then any qualified contract workers in excess of 20% of Developer’s permanent employees shall not be counted as occupying FTE Jobs for purposes of this Agreement. In no event will contract workers who are not qualified contract workers (qualified contract workers having benefits comparable to those of permanent employees) be counted as FTE Jobs. (c) Subject to the foregoing restriction on contract employees, one (1) FTE Job means the following: a job with no predetermined end date (other than a retirement date), with a regular work week of 37.50 hours or more on average for the entire normal year of local Developer operations, and with benefits comparable to those provided to other regular employees of Developer locally, but does not mean a job classified for federal tax purposes as an independent contractor; provided, that two (2) or more part-time or seasonal jobs which equal or exceed a regular work week of 37.50 hours or more on average for the entire normal year of local Developer operations shall be counted as one (1) FTE Job. (d) The employees counted toward the number of FTE Jobs must be subject to Georgia income tax withholding for the taxable year. Transferred jobs and replacement jobs may not be included as FTE Jobs. Attachment number 1 \nPage 41 of 42 Item # 29 CI-#9396169-v2-Cabela_s__Augusta_Development_Agreement.doc SCHEDULE J PHASE II SITE PLAN FOR VILLAGE AT RIVERWATCH Attachment number 1 \nPage 42 of 42 Item # 29 Commission Meeting Agenda 5/6/2014 2:00 PM Guidelines for distributions to outside agencies Department:Finance Caption:Review of approved guidelines for the distribution of SPLOST funds to outside agencies. (No recommendation from Finance Committee April 28, 2014) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 30 CHALLENGE GRANT REQUIREMENTS FOR AGENCIES REQUESTING SPLOST FUNDS 1. Requesting agencies will be required to acknowledge in writing that grant requests are subject to these guidelines. 2. Agencies are required to raise 25% of SPLOST funding amount as a match. 3. Matching funds must be raised and verified before the release of any SPLOST funds will be eligible for disbursement. 4. Funds must be new donations/grants and designated for the specific project described in the SPLOST application. 5. Matching Funds maybe: a) Cash b) Verified Grant Commitments c) Verified in-kind donations (tangible property, Stocks/Bonds, Cash Equivalents) d) Pledges will not used in matching fund calculation. 6. Matching funds must be shown as designated or reserved on agencies audited financial statements 7. Funds will be eligible for disbursements according to the disbursements schedule in the SPLOST Intergovernmental agreement. 8. The release of funds will be subject to the “Guidelines for Dispersal of SPLOST Funds to Outside Agencies” that were approved by the Augusta Richmond County Commission on June 6, 2006. 9. Agencies will be required to enter into a contractual agreement for SPLOST projects setting forth project purposes, descriptions, and budgets and funding. 10. Any fund not disbursed after two years following the termination of the SPLOST Phase VI collections will forfeited and revert to a SPLOST Recapture account. These funds will be reallocated by the Augusta Richmond County Commission as provided by SPLOST Law. Agencies that have forfeited funds will not be eligible for any reallocations. Attachment number 1 \nPage 1 of 1 Item # 30 SPLOST funding request from outside agencies Agency:_________________________________________ Project Name:___________________________________ Budget Time Frame:______________________________ Submitted by:___________________________________ Approved by: Finance Department:__________________ Administrator:_______________________ *Approved by Augusta Richmond County Commission on June 6, 2006, agenda item 6 Attachment number 2 \nPage 1 of 6 Item # 30 Guidelines for Dispersal of SPLOST Funds to Outside Agencies Outside agencies that are requesting SPLOST funds are subject to the following guidelines. The agency requesting the funds is required to provide the following initial information (see examples): A description of the project A project timeline, A detailed project budget – contingency amount cannot be more than 10% of total funding amount. Funding will be made available on the following basis: 25% of the budget will be granted upon approval of project by the Administrator Funding will then be granted to agencies on a quarterly basis as a reimbursement of expenses. Agencies will be required to provide a progress report on a quarterly basis. Funds will be disbursed once the report has been approved by the Administrator. 5% of total project will be held until final project completion report has been submitted and approved by the Administrator. Funding requests for lump sum payments will be reviewed on a case by case basis and are required to be approved by the Administrator. Projects that make no funding requests for more that one year after initial funding or interim funding has been provided will be required to submit updated documentation including: A description of the project A project timeline, A detailed project budget If the scope of the project changes updated documentation is required to be submitted. If the total cost of the project changes updated budget information is required to be submitted. Attachment number 2 \nPage 2 of 6 Item # 30 EXAMPLES Project Description: ABC agency is requesting $500,000 in funds from Splost phase V for the purpose for remodeling the XYZ museum. The museum is in need of repairs and upgrades to enhance the enjoyment by our patrons and the general public. We will be improving the audio visual equipment, installing a wireless network, and upgrading the HVAC capacity. We will also be purchasing land to increase our parking area. Project timeline: July 2006 – Publish RFP September 2006 – Award Contracts October 2006 – Begin remodeling projects November 20006 - Purchase land June 2007 – Complete remodeling projects July 2007 – Grand reopening Project Budget Agency:ABC Agency Project Name:XYZ Museum Date:7/18/2006 Professional Fees 7,500.00 Building Construction 250,000.00 Building Remodeling 50,000.00 Supplies 10,000.00 Equipment 125,000.00 Land 10,000.00 Other Expense(specify)- Other Expense(specify)- Other Expense(specify)- Contingency **47,500.00 Total 500,000.00 ** Can be no more than 10% of total Budget Attachment number 2 \nPage 3 of 6 Item # 30 Augusta Richmond County Splost Funding Requests Initial Budget Agency: Project Name: Date: Professional Fees Building Construction Building Remodeling Supplies Equipment Land Other Expense(specify) Other Expense(specify) Other Expense(specify) Contingency ** Total ** Can be no more than 10% of total Budget Signatures Requesting Agency Date Finance Department Date Finance Director Date Administrator Date Attachment number 2 \nPage 4 of 6 Item # 30 Augusta Richmond County SPLOST Funding Request Reimburement Request EXAMPLE Agency:ABC Agency Project Name:XYZ Museum Budget Period:9/1/06 to 12/31/06 Budget Period Initial Budget Expenses Professional Fees 5,000.00 25,000.00 Building Construction 250,000.00 - Building Remodeling 50,000.00 - Supplies 10,000.00 2,500.00 Equipment 125,000.00 50,000.00 Land 10,000.00 10,000.00 Other Expense(specify)- - Other Expense(specify)- - Other Expense(specify)- - Contingency **50,000.00 10,000.00 Total 500,000.00 97,500.00 Total Project Budget 500,000.00 Prior Funds Recievied Total Funds Available 500,000.00 Amount Requested 97,500.00 Signatures Requesting Agency Date Finance Department Date Finance Director Date Administrator Date Attachment number 2 \nPage 5 of 6 Item # 30 Augusta Richmond County SPLOST Funding Request Reimbursement Request Agency: Project Name: Budget Period: Budget Period Initial Budget Expenses Professional Fees Building Construction Building Remodeling Supplies Equipment Land Other Expense(specify) Other Expense(specify) Other Expense(specify) Contingency ** Total Total Project Budget Prior Funds Recievied Total Funds Available Amount Requested Signatures Requesting Agency Date Finance Department Date Finance Director Date Administrator Date Attachment number 2 \nPage 6 of 6 Item # 30 Commission Meeting Agenda 5/6/2014 2:00 PM Virgil Winbush Department:Clerk of Commission Caption:Motion to deny a request from Mr. Virgil Wimbush regarding a waiver of taxes and penalties for the house located at 2035 Old Savannah Road.(Approved by Finance Committee April 28, 2014) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 31 Attachment number 1 \nPage 1 of 1 Item # 31 Commission Meeting Agenda 5/6/2014 2:00 PM Accept MOU and CIA with GDOT for Windsor Spring Road Phase 4 project. Accept MOU and CIA with GDOT for Windsor Spring Road Phase 5 project. Department:Utilities Caption:Motion to accept Memorandum of Understanding (MOU) and Contract Item Agreement (CIA) with Georgia Department of Transportation (GDOT) concerning the costs of relocating water and sanitary sewer mains on GDOT Project Windsor Spring Road Phase 4 (P.I. No. 250610) and on GDOT Project Windsor Spring Road Phase 5 (P.I. No. 245320). (Approved by Engineering Services Committee April 28, 2014) Background:Windsor Spring Road Phase 4 project is GDOT widening C.R. 65/Windsor Spring Road from Willis Foreman Road to Tobacco Road. Windsor Spring Road Phase 5 project is GDOT widening C.R. 65/Windsor Spring Road from S.R. 88 to Willis Foreman Road. Due to these improvements, the Augusta Utilities Department needs to relocate existing water and sewer lines that are in conflict with the proposed GDOT projects. The Augusta Utilities Department will be solely responsible for the cost of the relocations. As previously approved by the Commission, Jacobs Engineering Group has provided the Augusta Utilities Department design plans for the water and sewer relocation to be included in the GDOT projects. Phase 4 has a May 16, 2014 Let date. Phase 5 has a November 21, 2014 Let date. Analysis:Approving the MOU and CIA will allow GDOT and the Augusta Utilities Department to move forward with the relocation of the water and sewer mains in each GDOT project. Financial Impact:As stated in the CIA, the Phase 4 project non-binding pre-let estimate is $1,377,845.00. As stated in the CIA, the Phase 5 project non-binding pre-let estimate is $595,943.56. Alternatives:There are no alternatives recommended. Recommendation:The Augusta Utilities Department recommends the Commission agree to the MOU and CIA with GDOT for each of the two Cover Memo Item # 32 projects. Funds are Available in the Following Accounts: Funds are available in 512043410-5425110/80210208-5425110. REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 32 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 # 3 2 Page 1 of 3 Revised: February 2012 Georgia DOT Project: STP00-1105-00(004) & BHSLB-1105-00(005) County: Richmond GDOT P.I.: 245320 & 245325 MEMORANDUM OF UNDERSTANDING between the Georgia Department of Transportation (hereafter the DEPARTMENT) and Augusta/Richmond County(hereinafter called the OWNER) Whereas the DEPARTMENT proposes to undertake a project to CR 65/Windsor Springs Road from SR 88 to CR 1515/Willis Foreman Road & CR 65/Windsor Springs Road @ NS # 734145P in Hephzibah in Richmond County by contract through competitive bidding, and: Whereas the OWNER has the following utility facilities which will be within the project limits: Water and Sewer. Whereas the OWNER does not have adequate equipment and staff to adjust its facilities or for other reasons considers it advantageous to have this work included in the roadway contract to be let by the DEPARTMENT; and, now therefore: The following is hereby mutually agreed to and understood by both parties: 1. The preliminary engineering, including preparation of detailed plans and contract estimate for the required water items will be accomplished by the OWNER or OWNER’S Consultant, the cost of which will be the responsibility of the OWNER. The plans shall provide for adjustment, relocation, or new installation of the OWNER’S facilities in accordance with the OWNER’S customary practices, standards, and details subject to conformance with the DEPARTMENT’S standard pay items and procedures for including such items in the project contract. In cases of discrepancy, the governing descending order will be as follows: (1) Special Provisions, (2) Project Plans (prepared by OWNER’S Consultant) including Special Plan Details, (3) Supplemental Specifications, (4) Standard Plans including DEPARTMENT’S Standard Construction Details, (5) Standard Specifications. The OWNER’S standard details should be labeled as “Special Plan Details” and included immediately in sequence behind the OWNER’S plans to avoid confusion with the DEPARTMENT’s Standard Plans and Standard Construction Details. The OWNER shall provide plans using the DEPARTMENT’S title block design and in Microstation file format, and, if requested, on mylar sheets. 2. The plans and estimate shall be subject to approval by both the DEPARTMENT and OWNER prior to advertising for bids. Attachment number 2 \nPage 1 of 3 Item # 32 Page 2 of 3 3. All work necessary for the adjustment or relocation of the described facilities in accordance with the final plans when approved shall be included in the highway contract and let to bid by the DEPARTMENT except as follows: If necessary, the Owner will provide additional temporary and permanent easements, at its own expense, for any work outside of the acquisition limits shown on the project right of way plans, and shall certify possession in accordance with DEPARTMENT requirements prior to the Certification deadline for the project. 4. All construction engineering (layout, inspection) and contract supervision shall be the responsibility of the DEPARTMENT and the DEPARTMENT shall be responsible to assure that all utility work is accomplished in accordance with plans and specifications and to consult with the OWNER before authorizing any changes or deviations which might affect the OWNER’S facility. Engineering for plan revisions for the OWNER’S facilities shall be the responsibility of the OWNER and OWNER’S Consultant. 5. The OWNER and OWNER’S Consultant shall have the right to visit and inspect the work at any time and advise the DEPARTMENT’S Engineer of any observed discrepancies or potential problems. The cost of any OWNER or OWNER’S Consultant’s visits or inspections will be the responsibility of the OWNER. The DEPARTMENT agrees to notify the OWNER when all utility work is complete and ready for final inspection and invite the OWNER to attend the final inspection or provide a corrections list to the DEPARTMENT prior to the final inspection. 6. After award of the highway contract, the OWNER will continue to maintain its facilities until adjustment or relocation begins on any segment of the facilities. Once adjustment or relocation begins on a segment of the facilities, the DEPARTMENT or its contractor will be responsible for the maintenance of the adjusted or relocated facilities until final acceptance is made for the work. Upon acceptance of the work and upon certification by the DEPARTMENT’S Engineer that the work has been completed in accordance with the plans and specifications, the OWNER will accept the adjusted or relocated facilities and will thereafter operate and maintain said facilities without further cost to the DEPARTMENT and its contractor. 7. The DEPARTMENT and OWNER agree that all matters will be governed by the DEPARTMENT’S Utility Accommodation Policy and Standards. It is contemplated by the DEPARTMENT and OWNER that a Contract Item Agreement will be executed by both parties that will supersede this memorandum. The cost for the water/sewer facilities shall be the responsibility of the OWNER and reimbursement to the DEPARTMEMT shall be handled thru a Contract Item Agreement. Attachment number 2 \nPage 2 of 3 Item # 32 Page 3 of 3 APPROVED FOR THE OWNER BY: (Signature) (Date) (Title) APPROVED FOR THE DEPARTMENT BY: (Signature) (Date) State Utilities Engineer (Title) Contract Item Agreement to be required? YES Preliminary Engineering Agreement to be required? No Attachment number 2 \nPage 3 of 3 Item # 32 Revised 12/01/2011 GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT AFFIDAVIT Contracting Entity: WATER DISTRIBUTION FACILITIES Address: STP00-7007-00 (006),PI # 250610-, RICHMOND COUNTY Contract No. and Name: AUGUSTA- RICHMOND COUNTY By executing this affidavit, the undersigned person or entity verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or entity which is contracting with the Georgia Department of Transportation has registered with, is authorized to participate in, and is participating in the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. The undersigned person or entity further agrees that it will continue to use the federal work authorization program throughout the contract period, and it will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the undersigned with the information required by O.C.GA. § 13-10-91(b). The undersigned person or entity further agrees to maintain records of such compliance and provide a copy of each such verification to the Georgia Department of Transportation within five (5) business days after any subcontractor is retained to perform such service. _______________________________________ E-Verify / Company Identification Number _______________________________________ Signature of Authorized Officer or Agent _______________________________________ Date of Authorization _______________________________________ Printed Name of Authorized Officer or Agent _______________________________________ Title of Authorized Officer or Agent _______________________________________ Date SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _____ DAY OF ______________________, 201_ ________________________________________ [NOTARY SEAL] Notary Public My Commission Expires: ___________________ Attachment number 3 \nPage 1 of 1 Item # 32 Account No. – Class: 733007 – 309 Department ID: 4840470001 Program No.: 4180601 STANDARD UTILITY AGREEMENT GDOT Contract ID No.: CSOOUUTL CONTRACT ITEM AGREEMENT Georgia Project No.: STP00-7007-00 (006), Richmond County G.D.O.T. P.I. No.: 250610- THIS AGREEMENT, made this ___________________________ , by and between the Department of Transportation, an agency of the State of Georgia, hereinafter called the DEPARTMENT, first party, and Augusta-Richmond County, a political subdivision of the State of Georgia, hereinafter called the LOCAL AGENCY, second party; WITNESS that: WHEREAS, the DEPARTMENT proposes under the above numbered project to widen and reconstruct County Road 65/Windsor Spring Road from Willis Forman Road to Tobacco Road in Richmond County, Georgia; and WHEREAS, due to the construction of this project, it will become necessary to make certain adjustments or additional installation of utility facilities of the LOCAL AGENCY, the cost of which shall be determined in accordance with Articles 8, 9, & 10 below; and WHEREAS, the LOCAL AGENCY has requested that the DEPARTMENT include the adjustment or installation of water distribution facilities in its highway construction contract as shown on the attached plans; and WHEREAS, this Agreement being for the sole purpose of providing a contractor for work performed on the LOCAL AGENCY'S water distribution facilities, the LOCAL AGENCY shall bear the cost of said work to be determined as hereinafter set forth; WHEREAS, the preliminary engineering, including preparation of detailed plans and contract estimate for adjustment of the utilities described above have been accomplished by the LOCAL AGENCY; WHEREAS, the plans for the utility work have been approved by both the DEPARTMENT and the LOCAL AGENCY prior to commencing work; NOW THEREFORE, in consideration of the premises and the mutual covenants of the parties hereinafter set forth, it is agreed: 1. All construction engineering and contract supervision shall be the responsibility of the DEPARTMENT and the DEPARTMENT shall be responsible to assure that all utility work is accomplished in accordance with plans and specifications and to consult with the LOCAL AGENCY or LOCAL AGENCY’S Consultant before authorizing any changes or deviations which affect the LOCAL AGENCY’S facility. Attachment number 4 \nPage 1 of 6 Item # 32 STANDARD UTILITY AGREEMENT CONTRACT ITEM AGREEMENT 2 2. The LOCAL AGENCY or the LOCAL AGENCY’S Consultant shall have the right to visit and inspect the work at any time and advise the DEPARTMENT’S Engineer of any observed discrepancies or potential problems. The DEPARTMENT agrees to notify the LOCAL AGENCY when all utility work is completed and ready for final inspection by the LOCAL AGENCY. 3. It is specifically understood that the project number shown above is for the DEPARTMENT'S identification purposes only and may be subject to change by the DEPARTMENT. In the event it becomes necessary for the DEPARTMENT to assign a different project number, the DEPARTMENT shall notify the LOCAL AGENCY of the new project designation. Such change in project designation shall have no effect whatsoever on any of the other terms of this Agreement. 4. The DEPARTMENT shall include in its contract for this project all work necessary to accomplish the adjustment of the LOCAL AGENCY'S facilities as shown on the highway plans along with the necessary specifications to assure that the work conforms to sound construction practices. 5. In the event it becomes necessary to add pay items that are not provided for in the contract, the DEPARTMENT shall negotiate prices with the contractor and enter into a supplemental agreement with the contractor for completion of the additional items. Upon notification, the LOCAL AGENCY shall furnish a check for the additional cost as determined in Article 8 below. 6. The DEPARTMENT shall furnish on the project the construction engineering inspection and testing by its own forces required to assure that the work is done in accordance with the plans, specifications and Special Provisions. 7. Upon completion of the work and upon certification by the DEPARTMENT'S engineers that the work has been completed in accordance with the aforesaid plans and specifications, the LOCAL AGENCY shall accept the adjusted and additional facilities and shall thereafter operate and maintain the adjusted and additional facilities without further cost to the DEPARTMENT or its contractor. Such maintenance and all operations and activities shall be subject to the DEPARTMENT'S rules, policies and procedures as contained in its Utility Accommodation Policy and Standards, current edition. 8. The DEPARTMENT shall include in its highway contract those items shown as "materials" for permanent installation on the aforesaid plans attached hereto. The price bid for the appropriate items shall include all labor, materials and incidentals necessary to complete the work. The cost of the requested work shall be determined from unit quantities and unit prices as shown in the DEPARTMENT’S tabulation of bids. The approximate non-binding pre-let estimate is $1,377,845.00based on the LOCAL AGENCY’S estimate attached hereto of which the Department shall bear $0.00 and the LOCAL AGENCY shall bear $1,377,845.00. 9. It is mutually agreed that as soon as practicable after the opening of bids and acceptance of a bid by the DEPARTMENT, the DEPARTMENT shall notify the LOCAL Attachment number 4 \nPage 2 of 6 Item # 32 STANDARD UTILITY AGREEMENT CONTRACT ITEM AGREEMENT 3 AGENCY in writing of the amount due the DEPARTMENT. The LOCAL AGENCY shall pay to the DEPARTMENT the amount due within sixty (60) days. 10. It is further mutually agreed that the final cost of the work performed on behalf of the LOCAL AGENCY shall be determined by measurement of the actual quantities of installed materials, including added items under Article 5, multiplied by the actual bid prices. Accordingly, after the project has been completed, the DEPARTMENT shall determine the final cost to be borne by the LOCAL AGENCY and, as the case may be, shall refund to the LOCAL AGENCY or shall request of the LOCAL AGENCY an additional payment in the amount of the difference between the final cost to be borne by the LOCAL AGENCY and the amount which the LOCAL AGENCY has previously paid to the DEPARTMENT. In the event additional payment is due to the DEPARTMENT, the LOCAL AGENCY agrees to pay same within sixty (60) days after the statement is received from the DEPARTMENT. In the event a refund is due the LOCAL AGENCY, the DEPARTMENT agrees to pay the LOCAL AGENCY within sixty (60) after the refund amount is determined or final acceptance is made by the DEPARTMENT. 11. The covenants herein contained shall, except as otherwise provided, accrue to the benefit of and be binding upon the successors and assigns of the parties hereto. 12. It is mutually agreed between the parties hereto that this document shall be deemed to have been executed in the Fulton County, Georgia, and that all questions of interpretation and construction shall be governed by the laws of the State of Georgia. 13. In accordance with the BUY AMERICA requirements of the Federal regulations (23 U.S.C. 313 and 23 CFR 635.410) all manufacturing processes for steel and iron products or predominantly of steel or iron (at least 90% steel or iron content) furnished for permanent incorporation into the work on this project shall occur in the United States. The only exception to this requirement is the production of pig iron and the processing, pelletizing and reduction of iron ore, which may occur in another country. Other than there exceptions, all melting, rolling, extruding, machining, bending, grinding, drilling, coating, etc. must occur in the United States. (a) Products of steel include, but are not limited to, such products as structural steel piles, reinforcing steel, structural plate, steel culverts, guardrail steel supports for signs, signals and luminaires, and cable wire/strand. Products of iron include, but are not limited to, such products as cast iron frames and grates and ductile iron pipe. Coatings include, but are not limited to, the applications of epoxy, galvanizing and paint. The coating material is not limited to this clause, only the application process. (b) A Certificate of Compliance shall be furnished for steel and iron products as part of the backup information with the billing. The form for this certification entitled “Buy America Certificate of Compliance” is attached to this agreement as “Exhibit B”. Records to be maintained by the LOCAL AGENCY and the DEPARTMENT - Office of Utilities for this certification shall include a signed mill test report and a signed certification by each supplier, distributor, fabricator, Attachment number 4 \nPage 3 of 6 Item # 32 STANDARD UTILITY AGREEMENT CONTRACT ITEM AGREEMENT 4 and manufacturer that has handled the steel or iron product affirming that every process, including the application of a coating, performed on the steel or iron product has been carried out in the United States of America, except as allowed by this Section. The lack of these certifications will be justification for rejection of the steel and/or iron product or nonpayment of the work. (c) The requirements of said law and regulations do not prevent the use of miscellaneous steel or iron components, subcomponents and hardware necessary to encase, assemble and construct the above products, manufactured products that are not predominantly steel or iron or a minimal use of foreign steel and iron materials if the cost of such materials used does not exceed one-tenth of one percent (0.1%) of the total contract price or $2,500.00, whichever is greater. Attachment number 4 \nPage 4 of 6 Item # 32 STANDARD UTILITY AGREEMENT CONTRACT ITEM AGREEMENT 5 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in three counterparts, each to be considered as original by their authorized representative the day and date hereinabove written. WITNESS AS TO SECOND PARTY: AUGUSTA-RICHMOND COUNTY BY:_____________________________ WITNESS BY:_____________________________ BY:____________________________ NOTARY PUBLIC (SEAL) MAYOR SWORN TO AND SUBSCRIBED BEFORE ME THIS __ DAY OF _______________, 20_______. _________________________ Notary Public My commission expires: Signed on behalf of Augusta- Richmond County pursuant to resolution dated ____________________________. ************************************ FEIN____________________ BY:_____________________________ ************************************ COUNTY CLERK (OFFICIAL SEAL) ______________________________________________________________________ RECOMMENDED: ACCEPTED: DEPARTMENT OF TRANSPORTATION BY:_____________________________ STATE UTILITIES ENGINEER BY:______________________________ COMMISSIONER PROJECT NO.: STP00-7007-00 (006) Signed, sealed and delivered this ______ COUNTY: Richmond day of ____________________, 20______, G.D.O.T. P.I. NO.: 250610- DATE: April 21, 2014, AM (OFFICIAL SEAL OF THE DEPARTMENT) I attest that the seal imprinted herein is the Official Seal of the DEPARTMENT. BY: ______________________________ TREASURER OFFICIAL CUSTODIAN OF THE SEAL Attachment number 4 \nPage 5 of 6 Item # 32 STANDARD UTILITY AGREEMENT CONTRACT ITEM AGREEMENT 6 RESOLUTION STATE OF GEORGIA RICHMOND COUNTY BE IT RESOLVED by the Mayor and the County Commission, and it is hereby resolved, that the foregoing attached Agreement, relative to project STP00-7007-00 (006), P.I. No. 250610-, Widening and construction of CR 65/Windsor Springs Rd. from Willis Forman Road to Tobacco Road in Richmond County, Georgia and that Deke Copenhaver as Mayor and Lena Bonner, as Clerk of Commission, be and they are, thereby authorized and directed to execute the same for and in behalf of said Mayor and County Commission Of Augusta-Richmond County. Passed and adopted this the _____________ day of __________________, 20___. ATTEST: ___________________________ BY:______________________________ COUNTY CLERK CHAIRMAN STATE OF GEORGIA, AUGUSTA-RICHMOND COUNTY I, Lena Bonner, as Clerk of Commission, do hereby certify that I am custodian of the books and records of the same, and that the above and foregoing copy of the original is now on file in my office, and was passed by the Mayor and County Commission of Augusta-Richmond County. WITNESS my hand and official signature, this the ________ day of _______________, 20_________. BY: __________________________________ CLERK OF COMMISSION Attachment number 4 \nPage 6 of 6 Item # 32 245320- Richmond - Augusta-Richmond County-AUD-Water CIA - Bid Item Cost 4/18/2014 1 STP00-1105-00 (004), PI#245320- RICHMOND COUNTY Orig Plan Orig Est Orig Est Actual Bid Actual Total Actual In-KindPay Item 5 /WINDSOR SPRING RD FM SR 88 TO WILLIS FOREMAN Unit Total Qty Unit Price Cost Total Qty Bid Cost Bid Cost WATER DISTRIBUTION ITEMS * Actual Bid Qtys. will be adjusted if needed. WATER ITEMS 670-1060 WATER MAIN,6 IN LF 640.00 38.00$ 24,320.00$ 670-1120 WATER MAIN,12 IN LF 4,295.00 90.00$ 386,550.00$ 670-1600 CUT & PLUG EXIST WATER MAIN, 6 IN EA 3.00 750.00$ 2,250.00$ 670-2060 GATE VALVE, 6 IN EA 3.00 869.34$ 2,608.02$ 670-2120 GATE VALVE, 12 IN EA 5.00 1,300.00$ 6,500.00$ 670-4000 FIRE HYDRANT EA 6.00 2,955.33$ 17,731.98$ 670-4490 CONC THRUST COLLAR - 6 IN PIPE EA 2.00 500.00$ 1,000.00$ 670-4490 CONC THRUST COLLAR - 12 IN PIPE EA 1.00 1,000.00$ 1,000.00$ 670-5010 WATER SERVICE LINE, 1- IN LF 3,825.00 35.00$ 133,875.00$ 670-5020 WATER SERVICE LINE, 2- IN LF 40.00 38.00$ 1,520.00$ 670-9730 RELOCATE EXIST WATER METER, INCL BOX EA 51.00 311.47$ 15,884.97$ 670-9920 REMOVE EXIST FIRE HYDRANT EA 4.00 550.92$ 2,203.68$ 670-5800 WATER METER- NEW WATER METER EA 1.00 500.00$ 500.00$ SUBTOTAL =595,943.65$ SUBTOTAL = TOTAL EST COST =595,943.65$ TOTAL BID COST = TOTAL In-Kind EST 595,943.65$ AUGUSTA-RICHMAND CO.(ADU) WATER SHARE 100% TOTAL EST 595,943.65$ GDOT SHARE 0.00% TOTAL EST -$ GDOT 0% In-Kind or GDOT Share In-Kind Items *Actual Bid Costs Attachment number 5 \nPage 1 of 1 Item # 32 April 21, 2014 Mayor Deke Copenhaver Augusta-Richmond County 530 Greene Street Augusta, GA 30901 Project No.: STP00-1105-00 (004), Richmond County P.I. No: 245320- Contract Item Agreement for Water Distribution Facilities CR 65/WINDSOR SPRING RDFM SR 88 TO WILLIS FOREMAN RD Dear Mayor Copenhaver, In accordance with your request, the adjustment of water distribution facilities belonging to the Augusta- Richmond County is being included in the Department's contract for the roadway work on the above numbered project. We are transmitting three counterparts of an undated Contract Item Agreement which sets forth the conditions under which the State agrees to have its Contractor perform the work and by which Augusta-Richmond County will reimburse the Department for this work. As outlined in Article 8, the non-binding pre-let estimate including betterment for this work is $595,943.56.00 of which the Department will bear 00.00% or $0.00 and Augusta- Richmond County will bear 100.00% or $595,943.56. Also, attached is a cost estimate supporting the Agreement. If the Agreement meets with your approval, please handle for execution on behalf of Augusta-Richmond County and return all three (3) counterparts to the State of Georgia, Office of Utilities, One Georgia Center, 600 West Peachtree Street, 10th Floor, Atlanta, Georgia 30308 for execution on behalf of the Department. In this connection, be sure to have two witnesses (one of which must be a notary public) sign the Agreement. Please be certain that the notary public affixes his/her seal alongside their signature. Also, complete the attached resolution form and insert the date of resolution on page 4 of the Agreement. The Official Seal of Augusta- Richmond County is also required to be affixed to each counterpart in compliance with instructions from our Attorney General's Office. In accordance with Articles 8, 9, and 10 of the Agreement, the Department shall notify Augusta-Richmond County in writing of the amount due the Department based on actual bid prices. At that time a check for the amount required to perform the work will be requested as outlined in the Agreement. GEORGIA DEPARTMENT OF TRANSPORTATION One Georgia Center, 600 West Peachtree Street, NW Atlanta, Georgia 30308 Telephone: (404) 631-1000 Keith Golden, P.E., Commissioner Attachment number 6 \nPage 1 of 2 Item # 32 Project No.: STP00-1105-00 (004), Richmond County P.I. No.: 245320- Contract Item Agreement for Water Distribution Facilities April 21, 2014 Page 2 As soon as practicable, after the opening of bids, the Department will multiply the estimated quantities by the actual bid prices. The Department will refund any overpayment or request in writing that Augusta-Richmond County pay the Department the revised amount as determined by the aforesaid method. If you have any questions or need further information, please contact Jun Birnkammer at 404-347-0606 or by email at jbirnkammer@dot.ga.gov. Please send correspondence by mail addressed to State of Georgia, Office of Utilities, One Georgia Center, 600 West Peachtree Street, 10th Floor, Atlanta, Georgia 30308 for execution on behalf of the Department. Very truly yours, Lee E. Upkins Assistant State Utilities Engineer For: Michael J. Bolden State Utilities Engineer MJB: LU: JBB Attachment cc: Jimmy Smith, District Engineer, Tennille, Georgia Attn: Lynn Bean, District Utilities Engineer Attachment number 6 \nPage 2 of 2 Item # 32 Account No. – Class: 733005 – 309 Department ID: 4848010000 Program No.: 4181401 STANDARD UTILITY AGREEMENT GDOT Contract ID No.: CSOOUUTL CONTRACT ITEM AGREEMENT Georgia Project No.: STP00-1105-00 (004), Richmond County G.D.O.T. P.I. No.: 245320- THIS AGREEMENT, made this ___________________________ , by and between the Department of Transportation, an agency of the State of Georgia, hereinafter called the DEPARTMENT, first party, and Augusta-Richmond County, a political subdivision of the State of Georgia, hereinafter called the LOCAL AGENCY, second party; WITNESS that: WHEREAS, the DEPARTMENT proposes under the above numbered project to widen and construct County Road 65/Windsor Spring Road from State Route 88 to Willis Forman Road in Richmond County, Georgia; and WHEREAS, due to the construction of this project, it will become necessary to make certain adjustments or additional installation of utility facilities of the LOCAL AGENCY, the cost of which shall be determined in accordance with Articles 8, 9, & 10 below; and WHEREAS, the LOCAL AGENCY has requested that the DEPARTMENT include the adjustment or installation of water distribution facilities in its highway construction contract as shown on the attached plans; and WHEREAS, this Agreement being for the sole purpose of providing a contractor for work performed on the LOCAL AGENCY'S water distribution facilities, the LOCAL AGENCY shall bear the cost of said work to be determined as hereinafter set forth; WHEREAS, the preliminary engineering, including preparation of detailed plans and contract estimate for adjustment of the utilities described above have been accomplished by the LOCAL AGENCY; WHEREAS, the plans for the utility work have been approved by both the DEPARTMENT and the LOCAL AGENCY prior to commencing work; NOW THEREFORE, in consideration of the premises and the mutual covenants of the parties hereinafter set forth, it is agreed: 1. All construction engineering and contract supervision shall be the responsibility of the DEPARTMENT and the DEPARTMENT shall be responsible to assure that all utility work is accomplished in accordance with plans and specifications and to consult with the LOCAL AGENCY or LOCAL AGENCY’S Consultant before authorizing any changes or deviations which affect the LOCAL AGENCY’S facility. Attachment number 7 \nPage 1 of 6 Item # 32 STANDARD UTILITY AGREEMENT CONTRACT ITEM AGREEMENT 2 2. The LOCAL AGENCY or the LOCAL AGENCY’S Consultant shall have the right to visit and inspect the work at any time and advise the DEPARTMENT’S Engineer of any observed discrepancies or potential problems. The DEPARTMENT agrees to notify the LOCAL AGENCY when all utility work is completed and ready for final inspection by the LOCAL AGENCY. 3. It is specifically understood that the project number shown above is for the DEPARTMENT'S identification purposes only and may be subject to change by the DEPARTMENT. In the event it becomes necessary for the DEPARTMENT to assign a different project number, the DEPARTMENT shall notify the LOCAL AGENCY of the new project designation. Such change in project designation shall have no effect whatsoever on any of the other terms of this Agreement. 4. The DEPARTMENT shall include in its contract for this project all work necessary to accomplish the adjustment of the LOCAL AGENCY'S facilities as shown on the highway plans along with the necessary specifications to assure that the work conforms to sound construction practices. 5. In the event it becomes necessary to add pay items that are not provided for in the contract, the DEPARTMENT shall negotiate prices with the contractor and enter into a supplemental agreement with the contractor for completion of the additional items. Upon notification, the LOCAL AGENCY shall furnish a check for the additional cost as determined in Article 8 below. 6. The DEPARTMENT shall furnish on the project the construction engineering inspection and testing by its own forces required to assure that the work is done in accordance with the plans, specifications and Special Provisions. 7. Upon completion of the work and upon certification by the DEPARTMENT'S engineers that the work has been completed in accordance with the aforesaid plans and specifications, the LOCAL AGENCY shall accept the adjusted and additional facilities and shall thereafter operate and maintain the adjusted and additional facilities without further cost to the DEPARTMENT or its contractor. Such maintenance and all operations and activities shall be subject to the DEPARTMENT'S rules, policies and procedures as contained in its Utility Accommodation Policy and Standards, current edition. 8. The DEPARTMENT shall include in its highway contract those items shown as "materials" for permanent installation on the aforesaid plans attached hereto. The price bid for the appropriate items shall include all labor, materials and incidentals necessary to complete the work. The cost of the requested work shall be determined from unit quantities and unit prices as shown in the DEPARTMENT’S tabulation of bids. The approximate non-binding pre-let estimate is $595,943.56 based on the LOCAL AGENCY’S estimate attached hereto of which the Department shall bear $0.00 and the LOCAL AGENCY shall bear $595,943.56. 9. It is mutually agreed that as soon as practicable after the opening of bids and acceptance of a bid by the DEPARTMENT, the DEPARTMENT shall notify the LOCAL Attachment number 7 \nPage 2 of 6 Item # 32 STANDARD UTILITY AGREEMENT CONTRACT ITEM AGREEMENT 3 AGENCY in writing of the amount due the DEPARTMENT. The LOCAL AGENCY shall pay to the DEPARTMENT the amount due within sixty (60) days. 10. It is further mutually agreed that the final cost of the work performed on behalf of the LOCAL AGENCY shall be determined by measurement of the actual quantities of installed materials, including added items under Article 5, multiplied by the actual bid prices. Accordingly, after the project has been completed, the DEPARTMENT shall determine the final cost to be borne by the LOCAL AGENCY and, as the case may be, shall refund to the LOCAL AGENCY or shall request of the LOCAL AGENCY an additional payment in the amount of the difference between the final cost to be borne by the LOCAL AGENCY and the amount which the LOCAL AGENCY has previously paid to the DEPARTMENT. In the event additional payment is due to the DEPARTMENT, the LOCAL AGENCY agrees to pay same within sixty (60) days after the statement is received from the DEPARTMENT. In the event a refund is due the LOCAL AGENCY, the DEPARTMENT agrees to pay the LOCAL AGENCY within sixty (60) after the refund amount is determined or final acceptance is made by the DEPARTMENT. 11. The covenants herein contained shall, except as otherwise provided, accrue to the benefit of and be binding upon the successors and assigns of the parties hereto. 12. It is mutually agreed between the parties hereto that this document shall be deemed to have been executed in the Fulton County, Georgia, and that all questions of interpretation and construction shall be governed by the laws of the State of Georgia. 13. In accordance with the BUY AMERICA requirements of the Federal regulations (23 U.S.C. 313 and 23 CFR 635.410) all manufacturing processes for steel and iron products or predominantly of steel or iron (at least 90% steel or iron content) furnished for permanent incorporation into the work on this project shall occur in the United States. The only exception to this requirement is the production of pig iron and the processing, pelletizing and reduction of iron ore, which may occur in another country. Other than there exceptions, all melting, rolling, extruding, machining, bending, grinding, drilling, coating, etc. must occur in the United States. (a) Products of steel include, but are not limited to, such products as structural steel piles, reinforcing steel, structural plate, steel culverts, guardrail steel supports for signs, signals and luminaires, and cable wire/strand. Products of iron include, but are not limited to, such products as cast iron frames and grates and ductile iron pipe. Coatings include, but are not limited to, the applications of epoxy, galvanizing and paint. The coating material is not limited to this clause, only the application process. (b) A Certificate of Compliance shall be furnished for steel and iron products as part of the backup information with the billing. The form for this certification entitled “Buy America Certificate of Compliance” is attached to this agreement as “Exhibit B”. Records to be maintained by the LOCAL AGENCY and the DEPARTMENT - Office of Utilities for this certification shall include a signed mill test report and a signed certification by each supplier, distributor, fabricator, Attachment number 7 \nPage 3 of 6 Item # 32 STANDARD UTILITY AGREEMENT CONTRACT ITEM AGREEMENT 4 and manufacturer that has handled the steel or iron product affirming that every process, including the application of a coating, performed on the steel or iron product has been carried out in the United States of America, except as allowed by this Section. The lack of these certifications will be justification for rejection of the steel and/or iron product or nonpayment of the work. (c) The requirements of said law and regulations do not prevent the use of miscellaneous steel or iron components, subcomponents and hardware necessary to encase, assemble and construct the above products, manufactured products that are not predominantly steel or iron or a minimal use of foreign steel and iron materials if the cost of such materials used does not exceed one-tenth of one percent (0.1%) of the total contract price or $2,500.00, whichever is greater. Attachment number 7 \nPage 4 of 6 Item # 32 STANDARD UTILITY AGREEMENT CONTRACT ITEM AGREEMENT 5 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in three counterparts, each to be considered as original by their authorized representative the day and date hereinabove written. WITNESS AS TO SECOND PARTY: AUGUSTA-RICHMOND COUNTY BY:_____________________________ WITNESS BY:_____________________________ BY:____________________________ NOTARY PUBLIC (SEAL) MAYOR SWORN TO AND SUBSCRIBED BEFORE ME THIS __ DAY OF _______________, 20_______. _________________________ Notary Public My commission expires: Signed on behalf of Augusta-Richmond County pursuant to resolution dated ____________________________. ************************************ FEIN____________________ BY:_____________________________ ************************************ COUNTY CLERK (OFFICIAL SEAL) ______________________________________________________________________ RECOMMENDED: ACCEPTED: DEPARTMENT OF TRANSPORTATION BY:_____________________________ STATE UTILITIES ENGINEER BY:______________________________ COMMISSIONER PROJECT NO.: STP00-1105-00 (004) Signed, sealed and delivered this ______ COUNTY: Richmond day of ____________________, 20______, G.D.O.T. P.I. NO.: 245320- DATE: April 21, 2014, AM (OFFICIAL SEAL OF THE DEPARTMENT) I attest that the seal imprinted herein is the Official Seal of the DEPARTMENT. BY: ______________________________ TREASURER OFFICIAL CUSTODIAN OF THE SEAL Attachment number 7 \nPage 5 of 6 Item # 32 STANDARD UTILITY AGREEMENT CONTRACT ITEM AGREEMENT 6 RESOLUTION STATE OF GEORGIA RICHMOND COUNTY BE IT RESOLVED by the Mayor and the County Commission, and it is hereby resolved, that the foregoing attached Agreement, relative to project STP00-1105-00 (004) (P.I. No. 245320-, Widening and construction of CR 65/Windsor Springs Rd. from SR 88 to Willis Forman Road in Richmond County, Georgia and that Deke Copenhaver as Mayor and Lena Bonner, as Clerk of Commission, be and they are, thereby authorized and directed to execute the same for and in behalf of said Mayor and County Commission Of Augusta-Richmond County. Passed and adopted this the _____________ day of __________________, 20___. ATTEST: ___________________________ BY:______________________________ COUNTY CLERK CHAIRMAN STATE OF GEORGIA, AUGUSTA-RICHMOND COUNTY I, Lena Bonner, as Clerk of Commission, do hereby certify that I am custodian of the books and records of the same, and that the above and foregoing copy of the original is now on file in my office, and was passed by the Mayor and County Commission of Augusta-Richmond County. WITNESS my hand and official signature, this the ________ day of _______________, 20_________. BY: __________________________________ CLERK OF COMMISSION Attachment number 7 \nPage 6 of 6 Item # 32 Revised 12/01/2011 GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT AFFIDAVIT Contracting Entity: WATER DISTRIBUTION FACILITIES Address: STP00-1105-00 (004), PI # 245320- RICHMOND COUNTY Contract No. and Name: AUGUSTA–RICHMOUND COUNTY By executing this affidavit, the undersigned person or entity verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or entity which is contracting with the Georgia Department of Transportation has registered with, is authorized to participate in, and is participating in the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. The undersigned person or entity further agrees that it will continue to use the federal work authorization program throughout the contract period, and it will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the undersigned with the information required by O.C.GA. § 13-10-91(b). The undersigned person or entity further agrees to maintain records of such compliance and provide a copy of each such verification to the Georgia Department of Transportation within five (5) business days after any subcontractor is retained to perform such service. _______________________________________ E-Verify / Company Identification Number _______________________________________ Signature of Authorized Officer or Agent _______________________________________ Date of Authorization _______________________________________ Printed Name of Authorized Officer or Agent _______________________________________ Title of Authorized Officer or Agent _______________________________________ Date SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _____ DAY OF ______________________, 201_ ________________________________________ [NOTARY SEAL] Notary Public My Commission Expires: ___________________ Attachment number 8 \nPage 1 of 1 Item # 32 At t a c h m e n t n u m b e r 9 \ n P a g e 1 o f 1 It e m # 3 2 Page 1 of 3 Revised: February 2012 Georgia DOT Project: STP00-7007-00(006) & BRSLB-7007-00(007) County: Richmond GDOT P.I.: 250610 & 250615 MEMORANDUM OF UNDERSTANDING between the Georgia Department of Transportation (hereafter the DEPARTMENT) and Augusta/Richmond County (hereinafter called the OWNER) Whereas the DEPARTMENT proposes to undertake a project to CR 65/Windsor Springs Rd. from Willis Forman Rd. to Tobacco Rd. & CR 65/Windsor Springs Road @ Spirit Creek 2.7 Miles N/Hephzibah in Richmond County by contract through competitive bidding, and: Whereas the OWNER has the following utility facilities which will be within the project limits: Water and Sewer. Whereas the OWNER does not have adequate equipment and staff to adjust its facilities or for other reasons considers it advantageous to have this work included in the roadway contract to be let by the DEPARTMENT; and, now therefore: The following is hereby mutually agreed to and understood by both parties: 1. The preliminary engineering, including preparation of detailed plans and contract estimate for the required water items will be accomplished by the OWNER or OWNER’S Consultant, the cost of which will be the responsibility of the OWNER. The plans shall provide for adjustment, relocation, or new installation of the OWNER’S facilities in accordance with the OWNER’S customary practices, standards, and details subject to conformance with the DEPARTMENT’S standard pay items and procedures for including such items in the project contract. In cases of discrepancy, the governing descending order will be as follows: (1) Special Provisions, (2) Project Plans (prepared by OWNER’S Consultant) including Special Plan Details, (3) Supplemental Specifications, (4) Standard Plans including DEPARTMENT’S Standard Construction Details, (5) Standard Specifications. The OWNER’S standard details should be labeled as “Special Plan Details” and included immediately in sequence behind the OWNER’S plans to avoid confusion with the DEPARTMENT’s Standard Plans and Standard Construction Details. The OWNER shall provide plans using the DEPARTMENT’S title block design and in Microstation file format, and, if requested, on mylar sheets. 2. The plans and estimate shall be subject to approval by both the DEPARTMENT and OWNER prior to advertising for bids. Attachment number 10 \nPage 1 of 3 Item # 32 Page 2 of 3 3. All work necessary for the adjustment or relocation of the described facilities in accordance with the final plans when approved shall be included in the highway contract and let to bid by the DEPARTMENT except as follows: If necessary, the Owner will provide additional temporary and permanent easements, at its own expense, for any work outside of the acquisition limits shown on the project right of way plans, and shall certify possession in accordance with DEPARTMENT requirements prior to the Certification deadline for the project. 4. All construction engineering (layout, inspection) and contract supervision shall be the responsibility of the DEPARTMENT and the DEPARTMENT shall be responsible to assure that all utility work is accomplished in accordance with plans and specifications and to consult with the OWNER before authorizing any changes or deviations which might affect the OWNER’S facility. Engineering for plan revisions for the OWNER’S facilities shall be the responsibility of the OWNER and OWNER’S Consultant. 5. The OWNER and OWNER’S Consultant shall have the right to visit and inspect the work at any time and advise the DEPARTMENT’S Engineer of any observed discrepancies or potential problems. The cost of any OWNER or OWNER’S Consultant’s visits or inspections will be the responsibility of the OWNER. The DEPARTMENT agrees to notify the OWNER when all utility work is complete and ready for final inspection and invite the OWNER to attend the final inspection or provide a corrections list to the DEPARTMENT prior to the final inspection. 6. After award of the highway contract, the OWNER will continue to maintain its facilities until adjustment or relocation begins on any segment of the facilities. Once adjustment or relocation begins on a segment of the facilities, the DEPARTMENT or its contractor will be responsible for the maintenance of the adjusted or relocated facilities until final acceptance is made for the work. Upon acceptance of the work and upon certification by the DEPARTMENT’S Engineer that the work has been completed in accordance with the plans and specifications, the OWNER will accept the adjusted or relocated facilities and will thereafter operate and maintain said facilities without further cost to the DEPARTMENT and its contractor. 7. The DEPARTMENT and OWNER agree that all matters will be governed by the DEPARTMENT’S Utility Accommodation Policy and Standards. It is contemplated by the DEPARTMENT and OWNER that a Contract Item Agreement will be executed by both parties that will supersede this memorandum. The cost for the water/sewer facilities shall be the responsibility of the OWNER and reimbursement to the DEPARTMEMT shall be handled thru a Contract Item Agreement. Attachment number 10 \nPage 2 of 3 Item # 32 Page 3 of 3 APPROVED FOR THE OWNER BY: (Signature) (Date) (Title) APPROVED FOR THE DEPARTMENT BY: (Signature) (Date) State Utilities Engineer (Title) Contract Item Agreement to be required? YES Preliminary Engineering Agreement to be required? No Attachment number 10 \nPage 3 of 3 Item # 32 250610- Richmond - Augusta-Richmond County-Water CIA - Bid Item Cost 4/21/2014 1 STP00-7007-00 (006), PI#250610- RICHMOND COUNTY Orig Plan Orig Est Orig Est Actual Bid Actual Total Actual In-Kind Pay Item CR 65 /WINDSOR SPRING RD FM WILLIS FOREMAN RD Unit Total Qty Unit Price Cost Total Qty Bid Cost Bid Cost TO TOBACCO RD.* Actual Bid Qtys. will be adjusted if needed. WATER ITEMS 670-1060 WATER MAIN, 6 IN LF 2,080.00 25.00$ 52,000.00$ 670-1080 WATER MAIN, 8 IN LF 400.00 40.00$ 16,000.00$ 670-1100 WATER MAIN, 10 IN LF 50.00 47.00$ 2,350.00$ 670-1120 WATER MAIN, 12 IN LF 16,350.00 40.00$ 654,000.00$ 670-1600 CUT & PLUG EXISTING WATER MAIN EA 18.00 3,500.00$ 63,000.00$ 670-2006 PRESSURE REDUCING VALVE, INCL VAULT -EA 1.00 25,000.00$ 25,000.00$ 670-2060 GATE VALVE, 6 IN EA 12.00 875.00$ 10,500.00$ 670-2080 GATE VALVE, 8 IN EA 2.00 1,180.00$ 2,360.00$ 670-2100 GATE VALVE, 10 IN EA 1.00 1,700.00$ 1,700.00$ 670-2120 GATE VALVE, 12 IN EA 30.00 2,200.00$ 66,000.00$ 670-4000 FIRE HYDRANT EA 22.00 3,500.00$ 77,000.00$ 670-4490 CONCRETE THRUST COLLAR - 6 IN EA 11.00 770.00$ 8,470.00$ 670-4490 CONCRETE THRUST COLLAR - 8 IN EA 2.00 880.00$ 1,760.00$ 670-4490 CONCRETE THRUST COLLAR - 10 IN EA 1.00 990.00$ 990.00$ 670-4490 CONCRETE THRUST COLLAR - 12 IN EA 3.00 1,100.00$ 3,300.00$ 670-5000 WATER SERVICE LINE - 1 IN LF 8,900.00 20.00$ 178,000.00$ 670-5000 WATER SERVICE LINE - 2 IN LF 40.00 42.00$ 1,680.00$ 670-5000 WATER SERVICE LINE - 4 IN LF 20.00 48.00$ 960.00$ 670-7000 STEEL CASING - 24 IN LF 200.00 85.00$ 17,000.00$ 670-9730 RELOCATE EXIST WATER METER, INCL BOX EA 119.00 390.00$ 46,410.00$ 670-9920 REMOVE EXIST FIRE HYDRANT EA 10.00 465.00$ 4,650.00$ SEWER ITEMS -$ 610-0815 REM & FILL EXIST SAN SEWER MANHOLE EA 2.00 1,500.00$ 3,000.00$ 660-0812 SAN SEWER PIPE, 12 IN, DUCTILE IRON LF 280.00 110.00$ 30,800.00$ 660-0824 SAN SEWER PIPE, 24 IN, DUCTILE IRON LF 220.00 275.00$ 60,500.00$ 668-3300 SAN SEWER MANHOLE, TP 1 EA 6.00 2,800.00$ 16,800.00$ 668-3311 SAN SEWER MANHOLE, TP 1, ADDL DEPTH, CL 1 LF 93.00 180.00$ 16,740.00$ 670-7000 STEEL CASING - 48 IN LF 125.00 135.00$ 16,875.00$ -$ SUBTOTAL =1,377,845.00$ SUBTOTAL =-$ TOTAL EST COST =1,377,845.00$ TOTAL BID COST = -$ TOTAL In-Kind EST -$ AUGUSTA-RICHMAND CO.(ADU) WATER SHARE 100% TOTAL EST 1,377,845.00$ -$ GDOT SHARE 0.00% TOTAL EST -$ GDOT 0% In-Kind or GDOT Share -$ In-Kind Items *Actual Bid Costs Attachment number 11 \nPage 1 of 1 Item # 32 April 21, 2014 Mayor Deke Copenhaver Augusta-Richmond County 530 Greene Street Augusta, GA 30901 Project No.: STP00-7007-00 (006), Richmond County P.I. No: 250610- Contract Item Agreement for Water Distribution Facilities CR 65/WINDSOR SPRING RD FM WILLIS FOREMAN RD TO TOBACCO RD. Dear Mayor Copenhaver, In accordance with your request, the adjustment of water distribution facilities belonging to the Augusta- Richmond County is being included in the Department's contract for the roadway work on the above numbered project. We are transmitting three counterparts of an undated Contract Item Agreement which sets forth the conditions under which the State agrees to have its Contractor perform the work and by which Augusta-Richmond County will reimburse the Department for this work. As outlined in Article 8, the non-binding pre-let estimate including betterment for this work is $1,377,845.00 of which the Department will bear 00.00% or $0.00 and Augusta-Richmond County will bear 100.00% or $1,377,845.00. Also, attached is a cost estimate supporting the Agreement. If the Agreement meets with your approval, please handle for execution on behalf of Augusta-Richmond County and return all three (3) counterparts to the State of Georgia, Office of Utilities, One Georgia Center, 600 West Peachtree Street, 10th Floor, Atlanta, Georgia 30308 for execution on behalf of the Department. In this connection, be sure to have two witnesses (one of which must be a notary public) sign the Agreement. Please be certain that the notary public affixes his/her seal alongside their signature. Also, complete the attached resolution form and insert the date of resolution on page 4 of the Agreement. The Official Seal of Augusta- Richmond County is also required to be affixed to each counterpart in compliance with instructions from our Attorney General's Office. In accordance with Articles 8, 9, and 10 of the Agreement, the Department shall notify Augusta-Richmond County in writing of the amount due the Department based on actual bid prices. At that time a check for the amount required to perform the work will be requested as outlined in the Agreement. GEORGIA DEPARTMENT OF TRANSPORTATION One Georgia Center, 600 West Peachtree Street, NW Atlanta, Georgia 30308 Telephone: (404) 631-1000 Keith Golden, P.E., Commissioner Attachment number 12 \nPage 1 of 2 Item # 32 Project No.: STP00-7007-00 (006), Richmond County P.I. No.: 250610- Contract Item Agreement for Water Distribution Facilities April 21, 2014 Page 2 As soon as practicable, after the opening of bids, the Department will multiply the estimated quantities by the actual bid prices. The Department will refund any overpayment or request in writing that Augusta-Richmond County pay the Department the revised amount as determined by the aforesaid method. If you have any questions or need further information, please contact Jun Birnkammer at 404-347-0606 or by email at jbirnkammer@dot.ga.gov. Please send correspondence by mail addressed to State of Georgia, Office of Utilities, One Georgia Center, 600 West Peachtree Street, 10th Floor, Atlanta, Georgia 30308 for execution on behalf of the Department. Very truly yours, Lee E. Upkins Assistant State Utilities Engineer For: Michael J. Bolden State Utilities Engineer MJB: LU: JBB Attachment cc: Jimmy Smith, District Engineer, Tennille, Georgia Attn: Lynn Bean, District Utilities Engineer Attachment number 12 \nPage 2 of 2 Item # 32 Commission Meeting Agenda 5/6/2014 2:00 PM Acquisition of Right-of-Way 1402 Marks Church Rd- Bagby Department:Law Caption:Motion to authorize condemnation to acquire title of a portion of property for right-of-way, temporary construction easement and temporary driveway easement (Parcel 041-1-061-00-0) 1402 Marks Church Road. (Approved by Engineering Services Committee April 28, 2014) Background:Despite repeated efforts, the City has been unable to reach an agreement with the property owner and therefore seeks to acquire title through condemnation. In order to proceed and avoid further project delays, it is necessary to condemn a portion of subject property. The required property consists of 694.76 square feet of right-of-way, 1,145.31 square feet of temporary construction easement and one temporary driveway easement. The appraised value is $2,450.00. Analysis:Condemnation is necessary in order to acquire the required property. Financial Impact:The necessary costs will be covered under the project budget. Alternatives:Deny condemnation. Recommendation:Approve condemnation Funds are Available in the Following Accounts: FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNTS: G/L 325041120-52.12122 J/L 209825201-52.12122 REVIEWED AND APPROVED BY: Finance. Law. Cover Memo Item # 33 Administrator. Clerk of Commission Cover Memo Item # 33 Attachment number 1 \nPage 1 of 1 Item # 33 Commission Meeting Agenda 5/6/2014 2:00 PM Approve Engineering Project list - SPLOST VII Department:Finance / Administrator Caption:Approve the projects to be funded by SPLOST VII as recommended by the Engineering Department. (No recommendation from Engineering Services Committee April 28, 2014) Background:On March 10, 2014 the commission approved a referendum resolution to: A REFERENDUM RESOLUTION TO REIMPOSE A SPECIAL ONE PERCENT SALES AND USE TAX, SUBJECT TO REFERENDUM APPROVAL; TO REGULATE AND PROVIDE FOR THE CALLING OF AN ELECTION AND TO CALL AN ELECTION TO DETERMINE THE REIMPOSITION OR NON-REIMPOSITION OF THE SALES AND USE TAX; TO SPECIFY THE PURPOSES FOR WHICH THE PROCEEDS OF THE SALES AND USE TAX ARE TO BE USED AND MAY BE EXPENDED; TO SPECIFY THE ESTIMATED COST OF THE PROJECTS THAT WILL BE FUNDED FROM THE PROCEEDS OF THE SALES AND USE TAX; TO SPECIFY THE AMOUNT OF PREVIOUSLY INCURRED GENERAL OBLIGATION DEBT TO BE RETIRED FROM THE PROCEEDS OF THE SALES AND USE TAX; TO SPECIFY THE MAXIMUM AMOUNT OF REVENUE TO BE RAISED BY THE SALES AND USE TAX; TO AUTHORIZE THE ISSUANCE OF $22,395,000 IN AGGREGATE PRINCIPAL AMOUNT OF GENERAL OBLIGATION DEBT OF AUGUSTA, GEORGIA IN CONJUNCTION WITH THE REIMPOSITION OF THE SALES AND USE TAX; TO SPECIFY THE PURPOSES FOR WHICH THE DEBT IS TO BE ISSUED, THE MAXIMUM INTEREST RATE OR RATES THAT SUCH DEBT IS TO BEAR, AND THE AMOUNT OF PRINCIPAL TO BE PAID IN EACH YEAR DURING THE LIFE OF SUCH DEBT; TO PROVIDE FOR THE LEVY AND COLLECTION OF AD VALOREM TAXES TO SERVICE SUCH DEBT, TO THE EXTENT THE PROCEEDS OF THE SALES AND USE TAX ARE NOT SUFFICIENT FOR SUCH PURPOSE; AND FOR OTHER PURPOSES. The project categories included: (a) Projects to be owned or operated or both by Augusta or by one or more local authorities within the Cover Memo Item # 34 Special District pursuant to intergovernmental contracts with Augusta (the “Augusta Projects”): (i) Road, Street, Bridge, and Drainage Improvements - $50,000,000, (ii) Public Safety Facilities, Equipment, and Vehicles - $29,939,000, (iii) Parks and Recreation Facilities - $19,000,000, (iv) Cultural, Library, and Historic Facilities - $21,025,000, (v) Economic Development Facilities and Land Acquisition - $13,250,000, (vi) Information Technology - $5,550,000, (vii) Industrial Infrastructure Improvements - $1,750,000, (viii) Municipal Building Renovations - $30,000,000, (ix) Fleet Administration and Maintenance Facilities - $450,000, and (x) Sales Tax Program and Project Administration - $9,000,000; (b) Projects to be owned or operated or both by Blythe (the “Blythe Projects”): (i) Road Improvements - $400,000, (ii) Water System Improvements - $350,000, (iii) Equipment and Vehicles - $225,000, (iv) Community Building, Library, and Park Facilities - $900,000, and (v) Information Technology - $100,000; and (c) Projects to be owned or operated or both by Hephzibah (the “Hephzibah Projects”): (i) Recreational Multi- Use Facility - $4,450,000, (ii) Agricultural Center and Arena Project - $1,800,000, (iii) Water System Equipment and Vehicles - $365,000, (iv) Public Safety Equipment and Vehicles - $510,000, (v) Fire Department Facilities - $950,000, and (vi) Road and Bike Lane Projects - $300,000; and(2) retiring Augusta’s Tax Anticipation Notes, dated March 7, 2014 (the “Augusta Notes”), by paying or making provision for the payment of the principal of and interest on the Augusta Notes coming due on October 1, 2014, in the estimated maximum amount of $8,050,000; Analysis:$50,000,000 was allocated for Road, Street, Bridge and Drainage Impvoements Projects. The Engineering department is recommending the funding be used to complete the projects listed in the attached document. Financial Impact:Funding would be from sales tax revenue generated by SPLOST VII. Sales tax collections are projected to begin in April 2016 and will continue until Ocotber 2021. Project funding will be allocated over the collection period. Alternatives:1. Approve recommended list of projects 2. Task staff to revise list for Road, street, bridge and drainage improvement projects. Recommendation:Approve project list as recommended Funds are Available in the Following Accounts: SPLOST VII Cover Memo Item # 34 REVIEWED AND APPROVED BY: Cover Memo Item # 34 Augusta Georgia SPLOST VII Project list Key Department Project ** Amount C6 Engineering 15th Street Pedestrian Improvements 8,000,000$ C14 Engineering ADA-Sidewalks-Rehab-Replacement 600,000 C18 Engineering Bridge Rehabilitation and Maintenance 800,000 C21 Engineering Corrugated Pipe Replacement Program 500,000 C22 Engineering Dennis Road Widening and Drainage Improvements 2,000,000 C24 Engineering Dover-Lyman Street and Drainage Improvement 1,000,000 C26 Engineering East Augusta Roadway and Drainage Improvements - Phase III (Marion Homes Area)500,000 C27 Engineering East Augusta Roadway and Drainage Improvements - Phase IV (Azalea, Brunswick, & Albany Street Areas)500,000 C35 Engineering Flood Control Structures - Rehabilitation and Maintenance 1,000,000 C37 Engineering Garden City Beautification Initiative 250,000 C38 Engineering Glass Factory Drainage Basin Conveyance Improvements and Flood Reduction 200,000 C39 Engineering Grading and Drainage 1,500,000 C43 Engineering Hyde Park St. & Drg Imp. and Wilkerson Gardens 1,500,000 C49 Engineering Maintenance/Construction Machinery and Equipment 200,000 C53 Engineering Milling and Resurfacing - Contracts 5,100,000 C54 Engineering Monte Sano Ave. Improvements (Wrightsboro Rd. to Walton Way)3,000,000 C55 Engineering National Hill Area Streets and Drainage Improvements 3,000,000 C56 Engineering Old Savannah Road Street & Drainage Improvements (Martin Luther King Blvd. to Gordon Highway)500,000 C58 Engineering On Call Guardrail Replacements 300,000 C59 Engineering On Call Roadway Striping and Reflector Installation 500,000 C60 Engineering On Call Traffic Engineering 200,000 C61 Engineering On-Call and Emergency Appraisal Services 100,000 C62 Engineering On-Call and Emergency Construction Material Testing Services 500,000 C63 Engineering On-Call and Emergency Construction Services 1,500,000 C64 Engineering On-Call and Emergency Design Services 300,000 C66 Engineering Paving Dirt Roads 2,000,000 C67 Engineering Peach Orchard Road Sidewalk Installation - Pepperidge Drive to Tobacco Road 1,000,000 C70 Engineering Rocky Creek Flood Reduction Improvements 1,500,000 C71 Engineering Skinner Mill Road Widening (Boy Scout to Walton Way)6,000,000 C72 Engineering SPLOST Administration 1,000,000 C76 Engineering Traffic Sign Upgrade Program 300,000 C77 Engineering Traffic Signal Upgrade Program 1,500,000 C78 Engineering Tree Removal, Pruning and Replacement 1,000,000 C80 Engineering Watershed Study and Storm Water Inventory & Mapping 150,000 C82 Engineering Wrightsboro Road Reconstruction and Pedestrian Improvements (Highland Ave. to Marks Church Road)2,000,000 Total 50,000,000$ **Projects recommended by Engineering Department Attachment number 1 \nPage 1 of 1 Item # 34 Augusta Georgia SPLOST VII Project list Key Department Amount B Administration 47,050,000$ C Engineering 50,000,000 D Fire 7,500,000 E Fleet 8,450,000 F IT 18,550,000 H Planning & Development 6,500,000 I Recreation 19,000,000 J Sheriff 1,439,000 K City of Hephzibah 8,375,000 L City of Blythe 1,975,000 M Augusta Authorities 5,750,000 N Library 2,000,000 P Outside Agencies 21,775,000 total 198,364,000$ Attachment number 2 \nPage 1 of 15 Item # 34 Augusta Georgia SPLOST VII Project list Project Type Amount % Infrastructure 80,500,000 40.58% Engineering 50,000,000 IT 13,000,000 Planniing & Development 6,500,000 Augusta Authorities 5,750,000 Outside Agencies 5,250,000 Public Buildings 34,950,000 17.62% Administration 30,000,000 Fire Department 2,500,000 Library 2,000,000 Fleet 450,000 Recreation 19,000,000 9.58% Cultural/Historic Outside Agencies 16,525,000 8.33% Intergovernmental 10,350,000 5.22% Law Enforcement 1,439,000 0.73% Debt Service 12,050,000 6.07% Project Management 5,000,000 2.52% Fleet Replacement 13,000,000 6.55% Information Technology 5,550,000 2.80% 198,364,000 100.00% Attachment number 2 \nPage 2 of 15 Item # 34 Augusta Georgia SPLOST VII Project list Key Department Project Amount B1 Administrator/Mayor Project Administration 5,000,000$ Administrator/Mayor Interest on Bonds 4,000,000 B2 Administrator/Mayor Municipal Building Renovations 30,000,000 B5 Administrator/Mayor Debt Repayment (GRU Cancer Center)8,050,000 Total 47,050,000$ Attachment number 2 \nPage 3 of 15 Item # 34 Augusta Georgia SPLOST VII Project list Key Department Project ** Amount C6 Engineering 15th Street Pedestrian Improvements 8,000,000$ C14 Engineering ADA-Sidewalks-Rehab-Replacement 600,000 C18 Engineering Bridge Rehabilitation and Maintenance 800,000 C21 Engineering Corrugated Pipe Replacement Program 500,000 C22 Engineering Dennis Road Widening and Drainage Improvements 2,000,000 C24 Engineering Dover-Lyman Street and Drainage Improvement 1,000,000 C26 Engineering East Augusta Roadway and Drainage Improvements - Phase III (Marion Homes Area)500,000 C27 Engineering East Augusta Roadway and Drainage Improvements - Phase IV (Azalea, Brunswick, & Albany Street Areas)500,000 C35 Engineering Flood Control Structures - Rehabilitation and Maintenance 1,000,000 C37 Engineering Garden City Beautification Initiative 250,000 C38 Engineering Glass Factory Drainage Basin Conveyance Improvements and Flood Reduction 200,000 C39 Engineering Grading and Drainage 1,500,000 C43 Engineering Hyde Park St. & Drg Imp. and Wilkerson Gardens 1,500,000 C49 Engineering Maintenance/Construction Machinery and Equipment 200,000 C53 Engineering Milling and Resurfacing - Contracts 5,100,000 C54 Engineering Monte Sano Ave. Improvements (Wrightsboro Rd. to Walton Way)3,000,000 C55 Engineering National Hill Area Streets and Drainage Improvements 3,000,000 C56 Engineering Old Savannah Road Street & Drainage Improvements (Martin Luther King Blvd. to Gordon Highway)500,000 C58 Engineering On Call Guardrail Replacements 300,000 C59 Engineering On Call Roadway Striping and Reflector Installation 500,000 C60 Engineering On Call Traffic Engineering 200,000 C61 Engineering On-Call and Emergency Appraisal Services 100,000 C62 Engineering On-Call and Emergency Construction Material Testing Services 500,000 C63 Engineering On-Call and Emergency Construction Services 1,500,000 C64 Engineering On-Call and Emergency Design Services 300,000 C66 Engineering Paving Dirt Roads 2,000,000 C67 Engineering Peach Orchard Road Sidewalk Installation - Pepperidge Drive to Tobacco Road 1,000,000 C70 Engineering Rocky Creek Flood Reduction Improvements 1,500,000 C71 Engineering Skinner Mill Road Widening (Boy Scout to Walton Way)6,000,000 C72 Engineering SPLOST Administration 1,000,000 C76 Engineering Traffic Sign Upgrade Program 300,000 C77 Engineering Traffic Signal Upgrade Program 1,500,000 C78 Engineering Tree Removal, Pruning and Replacement 1,000,000 C80 Engineering Watershed Study and Storm Water Inventory & Mapping 150,000 C82 Engineering Wrightsboro Road Reconstruction and Pedestrian Improvements (Highland Ave. to Marks Church Road)2,000,000 Total 50,000,000$ **Projects recommended by Engineering Department Attachment number 2 \nPage 4 of 15 Item # 34 Augusta Georgia SPLOST VII Project list Key Department Project Amount D1 Fire Emergency Vehcile Fleet Replacement 5,000,000$ D3 Fire Fire Stations - 1 location 2,500,000 Total 7,500,000$ Attachment number 2 \nPage 5 of 15 Item # 34 Augusta Georgia SPLOST VII Project list Key Department Project Amount E1 Fleet Roof Replacement 450,000$ E3 Fleet Public Safety Vehicles 8,000,000 Total 8,450,000$ Attachment number 2 \nPage 6 of 15 Item # 34 Augusta Georgia SPLOST VII Project list Key Department Project Amount F1 IT Radio System 13,000,000$ F2 IT TAO/TCO Software Application 4,000,000 F3 IT MDT Replacement 900,000 F4 IT Communication Infrastructure 250,000 F5 IT Orthophotography 400,000 TOTAL 18,550,000$ Attachment number 2 \nPage 7 of 15 Item # 34 Augusta Georgia SPLOST VII Project list Key Department Project Amount H1 Planning and Development Flood Reduction Program 2,500,000$ H2 Planning and Development Demolition Program 4,000,000 Total 6,500,000$ Attachment number 2 \nPage 8 of 15 Item # 34 Augusta Georgia SPLOST VII Project list Key Department Project Amount I7 Recreation Dyess Park 500,000$ I9 Recreation Lake Olmstead 250,000 I11 Recreation May Park 250,000 I14 Recreation Riverwalk 400,000 I23 Recreation Augusta Aquatic Ctr 1,500,000 I30 Recreation Fleming Tennis Center 500,000 I33 Recreation Minnick Park 200,000 I34 Recreation Pendleton King Park 250,000 I35 Recreation Valley Park 250,000 I40 Recreation Newman Tennis Center 2,000,000 I42 Recreation Diamond Lakes Regional 2,750,000 I44 Recreation McDuffie Woods Park 300,000 I46 Recreation Brigham Com. Center 300,000 I51 Recreation Butler Creek 250,000 I55 Recreation Eisenhower Park 250,000 I58 Recreation Blythe Community Pk 250,000 I60 Recreation McBean Community Pk 250,000 I61 Recreation Program Administration 1,000,000 I64 Recreation Boathouse Rowing Center 400,000 Recreation Splash Pad Water Playground Initiative 1,850,000 Recreation Playgound Unit Replacement Initiative 2,000,000 Recreation HVAC Upgrades 500,000 Recreation City-Wide Cemetery Improvements 500,000 Recreation City-Wide Park Facility Improvements 500,000 Recreation City-Wide Park Signage Initiative 300,000 Recreation City-Wide Site Improvements 500,000 Recreation City-Wide Multi-Purpose Court Upgrades 500,000 Recreation City-Wide Swimming Pool Renovations 500,000 TOTAL 19,000,000$ Attachment number 2 \nPage 9 of 15 Item # 34 Augusta Georgia SPLOST VII Project list Key Department Project Amount J1 Sheriff Digital In-car Video System 407,000$ J2 Sheriff HD Body Cameras 332,000 J4 Sheriff Downtown Video Security Enhancement 700,000 Total 1,439,000$ Attachment number 2 \nPage 10 of 15 Item # 34 Augusta Georgia SPLOST VII Project list Key Department Project Amount K1 Hephzibah Facilities for Agricultural Center & Arena 1,800,000$ K2 Hephzibah Equipment to Automate Water Meter Reading 220,000 K3 Hephzibah Bike Lanes 200,000 K4 Hephzibah Windsor Spring and Roadway Beautification 100,000 K5 Hephzibah Water Dept. Vehicles & Equipment 145,000 K6 Hephzibah Vehicles & Equip. for Public Safety 125,000 K7 Hephzibah Sewer to Connect to Augusta - K8 Hephzibah Vehicles & Equipment for Fire & EMS 385,000 K9 Hephzibah Fire Dept. New Facilities 950,000 K10 Hephzibah Recreational Multi-use Facility 4,450,000 TOTAL 8,375,000$ Attachment number 2 \nPage 11 of 15 Item # 34 Augusta Georgia SPLOST VII Project list Key Department Project Amount L1 City of Blythe Water system upgrades 350,000$ L2 City of Blythe Road Improvements 300,000 L3 City of Blythe Police Vehicles & Equipment/Computers 125,000 L4 City of Blythe Community Building/Library/Park 900,000 L5 City of Blythe WIFI access 50,000 L6 City of Blythe IT upgrades 50,000 L7 City of Blythe Paving roads 100,000 L8 City of Blythe Non Public Safety Vehicles and equipment 100,000 L9 City of Blythe Additional Water Systems Upgrades - Total 1,975,000$ Attachment number 2 \nPage 12 of 15 Item # 34 Augusta Georgia SPLOST VII Project list Key Department Project Amount M1 Canal Authority Canal Improvement 2,500,000$ M2 Development Authority Augusta Corporate Park Access Road 1,250,000 M3 Development Authority Economic Development Industrial Infrastructure 500,000 Downtown Development Authority Surface Parking Lot 1,500,000 Total 5,750,000$ Attachment number 2 \nPage 13 of 15 Item # 34 Augusta Georgia SPLOST VII Project list Key Department Project Amount N1 Library Maxwell Branch Library -$ N2 Library Friedman Branch Library - N3 Library Wallace Branch Library - N4 Library Appleby Branch Library - Total 2,000,000$ Allocation to be determined Attachment number 2 \nPage 14 of 15 Item # 34 Augusta Georgia SPLOST VII Project list Key Agency Project Amount P1 Augusta Regional Collaborative Corp The Mills District 5,250,000$ P2 Greater Augusta Arts Council ART Space 750,000 P3 Greater Augusta Arts Council Public Arts Master Plan 25,000 P4 Greater Augusta Arts Council Augusta Public Art Implementation 2,000,000 P5 Imperial Theatre Theatre Renovation 2,500,000 P6 Augusta Symphony Miller Theater 4,250,000 P7 Paine College The James Brown Community & Fine Arts Cultural Center 6,000,000 P9 Augusta Museum of History Building Expansion 500,000 P11 Southeastern Natural Sciences Academy Phinizy Swamp Nature Park 500,000 Total 21,775,000$ Attachment number 2 \nPage 15 of 15 Item # 34 Commission Meeting Agenda 5/6/2014 2:00 PM Award Southeastern Tank contract for Augusta Utilities Department Bid- Item 14-128 Department:Augusta Utilities Department Caption:Motion to approve award to Southeastern Tank in the amount of $46,400.00 for Bid Item 14-128, Morgan Road Ground Water Storage Tank Installation of Water Storage Tank Mixer. (Approved by Engineering Services Committee April 28, 2014) Background:The Morgan Road Tank is a 5 million gallon ground storage tank that provides an alternate feed to Fort Gordon. Because of the large volume of this tank, it is necessary to provide mixing to prevent stratification and maintain chlorine residual. Installation of a water storage tank mixer will remedy this issue. Analysis:Southeastern Tank was found to be the lowest responsible bidder and therefore have been recommended for the award of this contract. Financial Impact:The amount submitted for this project was $46,400.00. These funds are available from the following account: 507043490- 5212115 / 81000010-5212115. Alternatives:No alternatives are recommended. Recommendation:It is recommended that the contract for Southeastern Tank services be approved for $46,400.00. Funds are Available in the Following Accounts: $46,400.00 from account 507043490-5212115 / 81000010- 5212115. REVIEWED AND APPROVED BY: Finance. Procurement. Cover Memo Item # 35 Law. Administrator. Clerk of Commission Cover Memo Item # 35 Invitation to Bid Sealed bids will be received at this office on Thursday, March 6, 2014 @ 3:00 p.m. for furnishing: Bid Item 14-128 Morgan Road Ground Water Storage Tank Installation of Water Storage Tank Mixer 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 $50.00. 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 (706 821-0405) beginning Thursday, January 23, 2014. 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 Friday, February 14, 2014 @ 10:00 a.m. in the Procurement Department, 530 Greene Street, Room 605. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Tuesday, February 18, 2014 @ 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. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. GERI A. SAMS, Procurement Director Augusta Chronicle January 23, 30, February 6, 13, 2014 Metro Courier January 29, 2014 Revised: 8/15/2011 Attachment number 1 \nPage 1 of 1 Item # 35 UNOFFICIAL Vendors SOUTHEASTERN TANK 60 VESTA RD LEBANON, TN 37090 Attachment B Yes E-Verify Number 158269 SAVE Form Yes Bid Bond Yes Addendum 1-2 Yes Bid Price $46,400.00 The following vendors did not respond: VIKING ENGINEERING & CONSTRUCTION MANAGEMENT / 118 MALONE ST / SANDERSVILLE, GA 31082 LAKESHORE ENGINEERING / 1259 ELLSWORTH DR / ATLANTA, GA 30318 PROCESS SOLUTIONS / 2613 BURNTFORK DR / CLEARWATER, FL 33701 Bid Item #14-128 Morgan Road Ground Water Storage Tank Installation of Water Storage Tank Mixer for the City of Augusta - Utilties Department Bid Opening Date: Thursday, March 13, 2014 @ 3:00 p.m. Page 1 of 1 Attachment number 2 \nPage 1 of 1 Item # 35 Attachment number 3 \nPage 1 of 2 Item # 35 Attachment number 3 \nPage 2 of 2 Item # 35 Attachment number 4 \nPage 1 of 1 Item # 35 Attachment number 5 \nPage 1 of 2 Item # 35 Attachment number 5 \nPage 2 of 2 Item # 35 Commission Meeting Agenda 5/6/2014 2:00 PM Contract with Georgia EPD for Drinking Water Laboratory Services Department:Utilities Caption:Motion to authorize the three year renewal of an agreement between the Georgia EPD and Augusta for regulatory testing of drinking water at a cost of $32,500 per year for the period covering July 1, 2013 to June 30, 2016. (Approved by Engineering Services Committee April 28, 2014) Background:The renewal of this agreement provides for the Georgia EPD to perform various laboratory analyses on our drinking water as required by the US EPA Safe Drinking Water Act and the associated Georgia Rules for Safe Drinking Water. This renewal will cover a three year period from July 1, 2013 to June 30, 2016. Analysis:With the EPD performing the tests, the results are fully acceptable to all state and federal agencies. The fees charged by the EPD are considerably less than those charged by certified laboratories in the private sector. Financial Impact:Funding for this work is included in our annual budget line item 506043570-5213115 Alternatives:No alternatives are recommended. Recommendation:We recommend the Commission authorize the renewal of the agreement between the Georgia EPD and Augusta for regulatory testing at a cost of $32,500 per year for the period covering July 1, 2013 to June 30, 2016. Funds are Available in the Following Accounts: 506043570-5213115 REVIEWED AND APPROVED BY:Cover Memo Item # 36 Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 36 Commission Meeting Agenda 5/6/2014 2:00 PM CSX613700 Railroad Crossing Agreement Department:Augusta Utilities Department Caption:Motion to approve CSX613700 Railroad Crossing Agreement for the AUD#10153 Project - Gordon Highway 24" Water Main. (Approved by Engineering Services Committee April 28, 2014) Background:The Augusta Utilities Department will be constructing a new 24" Water Main alongside Gordon Highway. The route of the water main necessitates crossing under a railroad track owned by CSX Transportation, Inc. Analysis:CSX Transportation has approved the engineering design and proffered their standard agreement. Financial Impact:$2750.00 Alternatives:Deny the motion to approve CSX613700 Railroad Crossing Agreement for the AUD#10153 Project - Gordon Highway 24" Water Main and reroute the pipeline. Recommendation:Approve the motion to approve CSX613700 Railroad Crossing Agreement for the AUD#10153 Project - Gordon Highway 24" Water Main. Funds are Available in the Following Accounts: 511043410-5411120/80310153-5411120 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Cover Memo Item # 37 Clerk of Commission Cover Memo Item # 37 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX613700 Page 1 of 15 ø FACILITY ENCROACHMENT AGREEMENT THIS AGREEMENT, made and effective March 3, 2014, by and between CSX TRANSPORTATION, INC, a Virginia corporation, whose mailing address is 500 Water Street, Jacksonville, Florida 32202, hereinafter called "Licensor," and AUGUSTA COMMISSION, a municipal corporation, political subdivision or state agency, under the laws of the State of Georgia, whose mailing address is 360 Bay Street, Suite 180, Augusta, Georgia 30901, hereinafter called "Licensee," WITNESSETH: WHEREAS, Licensee desires to construct (unless previously constructed and designated as existing herein), use and maintain the below described facility(ies), hereinafter called "Facilities," over, under or across property owned or controlled by Licensor, at the below described location(s): 1. One (1) twenty-four inch (24'') diameter sub-grade pipeline crossing, solely for the conveyance of potable water, located at or near Augusta, Richmond County, Georgia, Atlanta Division, Georgia Subdivision, Milepost YYG-10.11, Latitude N33:26:35.15, Longitude W82:07:26.35; hereinafter, collectively, called the ''Encroachment,'' as shown on print(s) labeled Exhibit "A," attached hereto and made a part hereof; NOW, THEREFORE, in consideration of the mutual covenants, conditions, terms and agreements herein contained, the parties hereto agree and covenant as follows: 1. LICENSE: 1.1 Subject to Article 17, Licensor, insofar as it has the legal right, power and authority to do so, and its present title permits, and subject to: (A) Licensor's present and future right to occupy, possess and use its property within the area of the Encroachment for any and all purposes; (B) All encumbrances, conditions, covenants, easements, and limitations applicable to Licensor's title to or rights in the subject property; and (C) Compliance by Licensee with the terms and conditions herein contained; does hereby license and permit Licensee to construct, maintain, repair, renew, operate, use, alter or change the Facilities at the Encroachment above for the term herein stated, and to remove same upon termination. 1.2 The term Facilities, as used herein, shall include only those structures and ancillary facilities devoted exclusively to the transmission usage above within the Encroachment, and as shown on attached plan(s). Attachment number 1 \nPage 1 of 15 Item # 37 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX613700 Page 2 of 15 ø 1.3 No additional structures or other facilities shall be placed, allowed, or maintained by Licensee in, upon or on the Encroachment except upon prior separate written consent of Licensor. 2. ENCROACHMENT FEE; TERM: 2.1 Licensee shall pay Licensor a one-time nonrefundable Encroachment Fee of FIVE HUNDRED AND 00/100 U.S. DOLLARS ($500.00) upon execution of this Agreement. Licensee agrees that the Encroachment Fee applies only to the original Licensee under this Agreement. In the event of a successor (by merger, consolidation, reorganization and/or assignment) or if the original Licensee changes its name, then Licensee shall be subject to payment of Licensor's current administrative and document preparation fees for the cost incurred by Licensor in preparing and maintaining this Agreement on a current basis. 2.2 However, Licensee assumes sole responsibility for, and shall pay directly (or reimburse Licensor), any additional annual taxes and/or periodic assessments levied against Licensor or Licensor's property solely on account of said Facilities or Encroachment. 2.3 This Agreement shall terminate as herein provided, but shall also terminate upon: (a) Licensee's cessation of use of the Facilities or Encroachment for the purpose(s) above; (b) removal of the Facilities; (c) subsequent mutual consent; and/or (d) failure of Licensee to complete installation within five (5) years from the effective date of this Agreement. 2.4 In further consideration for the license or right hereby granted, Licensee hereby agrees that Licensor shall not be charged or assessed, directly or indirectly, with any part of the cost of the installation of said Facilities and appurtenances, and/or maintenance thereof, or for any public works project of which said Facilities is a part. 3. CONSTRUCTION, MAINTENANCE AND REPAIRS: 3.1 Licensee shall construct, maintain, relocate, repair, renew, alter, and/or remove the Facilities, in a prudent, workmanlike manner, using quality materials and complying with any applicable standard(s) or regulation(s) of Licensor (A.R.E.M.A. Specifications), or Licensee's particular industry, National Electrical Safety Code, or any governmental or regulatory body having jurisdiction over the Encroachment. 3.2 Location and construction of Facilities shall be made strictly in accordance with design(s) and specifications furnished to and approved by Licensor and of material(s) and size(s) appropriate for the purpose(s) above recited. 3.3 All of Licensee's work, and exercise of rights hereunder, shall be undertaken at time(s) satisfactory to Licensor, and so as to eliminate or minimize any impact on or interference with the safe use and operation of Licensor's property and appurtenances thereto. Attachment number 1 \nPage 2 of 15 Item # 37 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX613700 Page 3 of 15 ø 3.4 In the installation, maintenance, repair and/or removal of said Facilities, Licensee shall not use explosives of any type or perform or cause any blasting without the separate express written consent of Licensor. As a condition to such consent, a representative will be assigned by Licensor to monitor blasting, and Licensee shall reimburse Licensor for the entire cost and/or expense of furnishing said monitor. 3.5 Any repairs or maintenance to the Facilities, whether resulting from acts of Licensee, or natural or weather events, which are necessary to protect or facilitate Licensor's use of its property, shall be made by Licensee promptly, but in no event later than thirty (30) days after Licensee has notice as to the need for such repairs or maintenance. 3.6 Licensor, in order to protect or safeguard its property, rail operations, equipment and/or employees from damage or injury, may request immediate repair or renewal of the Facilities, and if the same is not performed, may make or contract to make such repairs or renewals, at the sole risk, cost and expense of Licensee. 3.7 Neither the failure of Licensor to object to any work done, material used, or method of construction or maintenance of said Encroachment, nor any approval given or supervision exercised by Licensor, shall be construed as an admission of liability or responsibility by Licensor, or as a waiver by Licensor of any of the obligations, liability and/or responsibility of Licensee under this Agreement. 3.8 All work on the Encroachment shall be conducted in accordance with Licensor's safety rules and regulations. 3.9 Licensee hereby agrees to reimburse Licensor any loss, cost or expense (including losses resulting from train delays and/or inability to meet train schedules) arising from any failure of Licensee to make repairs or conduct maintenance as required by Section 3.5 above or from improper or incomplete repairs or maintenance to the Facilities or Encroachment. 4. PERMITS, LICENSES: 4.1 Before any work hereunder is performed, or before use of the Encroachment for the contracted purpose, Licensee, at its sole cost and expense, shall obtain all necessary permit(s) (including but not limited to zoning, building, construction, health, safety or environmental matters), letter(s) or certificate(s) of approval. Licensee expressly agrees and warrants that it shall conform and limit its activities to the terms of such permit(s), approval(s) and authorization(s), and shall comply with all applicable ordinances, rules, regulations, requirements and laws of any governmental authority (State, Federal or Local) having jurisdiction over Licensee's activities, including the location, contact, excavation and protection regulations of the Occupational Safety and Health Act (OSHA) (29 CFR 1926.651(b)), et al., and State "One Call" - "Call Before You Dig" requirements. 4.2 Licensee assumes sole responsibility for failure to obtain such permit(s) or approval(s), for any violations thereof, or for costs or expenses of compliance or remedy. Attachment number 1 \nPage 3 of 15 Item # 37 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX613700 Page 4 of 15 ø 5. MARKING AND SUPPORT: 5.1 With respect to any subsurface installation or maintenance upon Licensor's property, Licensee, at its sole cost and expense, shall: (A) support track(s) and roadbed in a manner satisfactory to Licensor; (B) backfill with satisfactory material and thoroughly tamp all trenches to prevent settling of surface of land and roadbed of Licensor; and (C) either remove any surplus earth or material from Licensor's property or cause said surplus earth or material to be placed and distributed at location(s) and in such manner Licensor may approve. 5.2 After construction or maintenance of the Facilities, Licensee shall: (A) Restore any track(s), roadbed and other disturbed property; and (B) Erect, maintain and periodically verify the accuracy of aboveground markers, in a form approved by Licensor, indicating the location, depth and ownership of any underground Facilities or related facilities. 5.3 Licensee shall be solely responsible for any subsidence or failure of lateral or subjacent support in the Encroachment area for a period of three (3) years after completion of installation. 6. TRACK CHANGES: 6.1 In the event that rail operations and/or track maintenance result in changes in grade or alignment of, additions to, or relocation of track(s) or other facilities, or in the event future use of Licensor's rail corridor or property necessitate any change of location, height or depth in the Facilities or Encroachment, Licensee, at its sole cost and expense and within thirty (30) days after notice in writing from Licensor, shall make changes in the Facilities or Encroachment to accommodate such track(s) or operations. 6.2 If Licensee fails to do so, Licensor may make or contract to make such changes at Licensee's cost. 7. FACILITY CHANGES: 7.1 Licensee shall periodically monitor and verify the depth or height of the Facilities or Encroachment in relation to the existing tracks and facilities, and shall relocate the Facilities or change the Encroachment, at Licensee's expense, should such relocation or change be necessary to comply with the minimum clearance requirements of Licensor. Attachment number 1 \nPage 4 of 15 Item # 37 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX613700 Page 5 of 15 ø 7.2 If Licensee undertakes to revise, renew, relocate or change in any manner whatsoever all or any part of the Facilities (including any change in voltage or gauge of wire or any change in circumference, diameter or radius of pipe or change in materials transmitted in and through said pipe), or is required by any public agency or court order to do so, plans therefor shall be submitted to Licensor for approval before such change. After approval, the terms and conditions of this Agreement shall apply thereto. 8. INTERFERENCE WITH RAIL FACILITIES: 8.1 Although the Facilities/Encroachment herein permitted may not presently interfere with Licensor's railroad or facilities, in the event that the operation, existence or maintenance of said Facilities, in the sole judgment of Licensor, causes: (a) interference (including, but not limited to, physical or interference from an electromagnetic induction, or interference from stray or other currents) with Licensor's power lines, communication, signal or other wires, train control system, or electrical or electronic apparatus; or (b) interference in any manner, with the operation, maintenance or use of the rail corridor, track(s), structures, pole line(s), devices, other property, or any appurtenances thereto; then and in either event, Licensee, upon receipt of written notice from Licensor of any such interference, and at Licensee's sole risk, cost and expense, shall promptly make such changes in its Facilities or installation, as may be required in the reasonable judgment of the Licensor to eliminate all such interference. Upon Licensee's failure to remedy or change, Licensor may do so or contract to do so at Licensee's sole cost. 8.2 Without assuming any duty hereunder to inspect the Facilities, Licensor hereby reserves the right to inspect same and to require Licensee to undertake repairs, maintenance or adjustments to the Facilities, which Licensee hereby agrees to make promptly, at Licensee's sole cost and expense. 9. RISK, LIABILITY, INDEMNITY: With respect to the relative risk and liabilities of the parties, it is hereby agreed that: 9.1 To the fullest extent permitted by State law (constitutional or statutory, as amended), Licensee hereby agrees to, defend, indemnify, and hold Licensor harmless from and against any and all liability, loss, claim, suit, damage, charge or expense which Licensor may suffer, sustain, incur or in any way be subjected to, on account of death of or injury to any person whomsoever (including officers, agents, employees or invitees of Licensor), and for damage to or loss of or destruction of any property whatsoever, arising out of, resulting from, or in any way connected with the construction, repair, maintenance, replacement, presence, existence, operations, use or removal of the Facilities or any structure in connection therewith, or restoration of premises of Licensor to good order or condition after removal, EXCEPT when proven to have been caused solely by the willful misconduct or gross negligence of Licensor. Attachment number 1 \nPage 5 of 15 Item # 37 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX613700 Page 6 of 15 ø HOWEVER, to the fullest extent permitted by State law, during any period of actual construction, repair, maintenance, replacement or removal of the Facilities, wherein agents, equipment or personnel of Licensee are on the railroad rail corridor, Licensee's liability hereunder shall be absolute, irrespective of any joint, sole or contributory fault or negligence of Licensor. 9.2 Use of Licensor's rail corridor involves certain risks of loss or damage as a result of the rail operations. Notwithstanding Section 9.1, Licensee expressly assumes all risk of loss and damage to Licensee's Property or the Facilities in, on, over or under the Encroachment, including loss of or any interference with use or service thereof, regardless of cause, including electrical field creation, fire or derailment resulting from rail operations. For this Section, the term "Licensee's Property" shall include property of third parties situated or placed upon Licensor's rail corridor by Licensee or by such third parties at request of or for benefit of Licensee. 9.3 To the fullest extent permitted by State law, as above, Licensee assumes all responsibility for, and agrees to defend, indemnify and hold Licensor harmless from: (a) all claims, costs and expenses, including reasonable attorneys' fees, as a consequence of any sudden or nonsudden pollution of air, water, land and/or ground water on or off the Encroachment area, arising from or in connection with the use of this Encroachment or resulting from leaking, bursting, spilling, or any escape of the material transmitted in or through the Facilities; (b) any claim or liability arising under federal or state law dealing with either such sudden or nonsudden pollution of air, water, land and/or ground water arising therefrom or the remedy thereof; and (c) any subsidence or failure of lateral or subjacent support of the tracks arising from such Facilities leakage. 9.4 Notwithstanding Section 9.1, Licensee also expressly assumes all risk of loss which in any way may result from Licensee's failure to maintain either required clearances for any overhead Facilities or the required depth and encasement for any underground Facilities, whether or not such loss(es) result(s) in whole or part from Licensor's contributory negligence or joint fault. 9.5 Obligations of Licensee hereunder to release, indemnify and hold Licensor harmless shall also extend to companies and other legal entities that control, are controlled by, subsidiaries of, or are affiliated with Licensor, as well as any railroad that operates over the rail corridor on which the Encroachment is located, and the officers, employees and agents of each. 9.6 If a claim is made or action is brought against Licensor, and/or its operating lessee, for which Licensee may be responsible hereunder, in whole or in part, Licensee shall be notified to assume the handling or defense of such claim or action; but Licensor may participate in such handling or defense. 9.7 Notwithstanding anything contained in this Agreement, the limitation of liability contained in the state statutes, as amended from time to time, shall not limit Licensor's ability to collect under the insurance policies required to be maintained under this Agreement. Attachment number 1 \nPage 6 of 15 Item # 37 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX613700 Page 7 of 15 ø 10. INSURANCE: 10.1 Prior to commencement of surveys, installation or occupation of premises pursuant to this Agreement, Licensee shall procure and shall maintain during the continuance of this Agreement, at its sole cost and expense, a policy of (i) Statutory Worker's Compensation and Employers Liability Insurance with available limits of not less than ONE MILLION AND 00/100 U.S. DOLLARS ($1,000,000.00), which must contain a waiver of subrogation against CSXT and its Affiliates; (ii) Commercial General Liability coverage (inclusive of contractual liability) with available limits of not less than FIVE MILLION AND 00/100 U.S. DOLLARS ($5,000,000.00), naming Licensor, and/or its designee, as additional insured and in combined single limits for bodily injury and property damage and covering the contractual liabilities assumed under this Agreement. The evidence of insurance coverage shall be endorsed to provide for thirty (30) days' notice to Licensor, or its designee, prior to cancellation or modification of any policy. Mail CGL certificate, along with agreement, to CSX Transportation, Inc., Speed Code J180, 500 Water Street, Jacksonville, FL 32202. On each successive year, send certificate to RenewalCOI@csx.com. (iii) Business automobile liability insurance with available limits of not less than ONE MILLION AND 00/100 U.S. DOLLARS ($1,000,000.00) combined single limit for bodily injury and/or property damage per occurrence; (iv) Such other insurance as Licensor may reasonably require. 10.2 If Licensee's existing CGL policy(ies) do(es) not automatically cover Licensee's contractual liability during periods of survey, installation, maintenance and continued occupation, a specific endorsement adding such coverage shall be purchased by Licensee. If said CGL policy is written on a "claims made" basis instead of a "per occurrence" basis, Licensee shall arrange for adequate time for reporting losses. Failure to do so shall be at Licensee's sole risk. 10.3 Licensor, or its designee, may at any time request evidence of insurance purchased by Licensee to comply with this Agreement. Failure of Licensee to comply with Licensor's request shall be considered a default by Licensee. 10.4 Securing such insurance shall not limit Licensee's liability under this Agreement, but shall be security therefor. Attachment number 1 \nPage 7 of 15 Item # 37 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX613700 Page 8 of 15 ø 10.5 (A) In the event Licensee finds it necessary to perform construction or demolition operations within fifty feet (50') of any operated railroad track(s) or affecting any railroad bridge, trestle, tunnel, track(s), roadbed, overpass or underpass, Licensee shall: (a) notify Licensor; and (b) require its contractor(s) performing such operations to procure and maintain during the period of construction or demolition operations, at no cost to Licensor, Railroad Protective Liability (RPL) Insurance, naming Licensor, and/or its designee, as Named Insured, written on the current ISO/RIMA Form (ISO Form No. CG 00 35 01 96) with limits of FIVE MILLION AND 00/100 U.S. DOLLARS ($5,000,000.00) per occurrence for bodily injury and property damage, with at least TEN MILLION AND 00/100 U.S. DOLLARS ($10,000,000.00) aggregate limit per annual policy period, with Pollution Exclusion Amendment (ISO CG 28 31 11 85) if an older ISO Form CG 00 35 is used. The original of such RPL policy shall be sent to and approved by Licensor prior to commencement of such construction or demolition. Licensor reserves the right to demand higher limits. (B) At Licensor's option, in lieu of purchasing RPL insurance from an insurance company (but not CGL insurance), Licensee may pay Licensor, at Licensor's current rate at time of request, the cost of adding this Encroachment, or additional construction and/or demolition activities, to Licensor's Railroad Protective Liability (RPL) Policy for the period of actual construction. This coverage is offered at Licensor's discretion and may not be available under all circumstances. 10.6 Notwithstanding the provisions of Sections 10.1 and 10.2, Licensee, pursuant to State Statute(s), may self-insure or self-assume, in any amount(s), any contracted liability arising under this Agreement, under a funded program of self-insurance, which fund will respond to liability of Licensee imposed by and in accordance with the procedures established by law. 11. GRADE CROSSINGS; FLAGGING: 11.1 Nothing herein contained shall be construed to permit Licensee or Licensee's contractor to move any vehicles or equipment over the track(s), except at public road crossing(s), without separate prior written approval of Licensor (CSXT Form 7422). 11.2 If Licensor deems it advisable, during any construction, maintenance, repair, renewal, alteration, change or removal of said Facilities, to place watchmen, flagmen, inspectors or supervisors for protection of operations of Licensor or others on Licensor's rail corridor at the Encroachment, and to keep persons, equipment or materials away from the track(s), Licensor shall have the right to do so at the expense of Licensee, but Licensor shall not be liable for failure to do so. 11.3 Subject to Licensor's consent and to Licensor's Railroad Operating Rules and labor agreements, Licensee may provide flagmen, watchmen, inspectors or supervisors during all times of construction, repair, maintenance, replacement or removal, at Licensee's sole risk and expense; and in such event, Licensor shall not be liable for the failure or neglect of such watchmen, flagmen, inspectors or supervisors. Attachment number 1 \nPage 8 of 15 Item # 37 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX613700 Page 9 of 15 ø 12. LICENSOR'S COSTS: 12.1 Any additional or alternative costs or expenses incurred by Licensor to accommodate Licensee's continued use of Licensor's property as a result of track changes or wire changes shall also be paid by Licensee. 12.2 Licensor's expense for wages ("force account" charges) and materials for any work performed at the expense of Licensee pursuant hereto shall be paid by Licensee within thirty (30) days after receipt of Licensor's bill therefor. Licensor may, at its discretion, request an advance deposit for estimated Licensor costs and expenses. 12.3 Such expense shall include, but not be limited to, cost of railroad labor and supervision under "force account" rules, plus current applicable overhead percentages, the actual cost of materials, and insurance, freight and handling charges on all material used. Equipment rentals shall be in accordance with Licensor's applicable fixed rate. Licensor may, at its discretion, require advance deposits for estimated costs of such expenses and costs. 13. DEFAULT, BREACH, WAIVER: 13.1 The proper and complete performance of each covenant of this Agreement shall be deemed of the essence thereof, and in the event Licensee fails or refuses to fully and completely perform any of said covenants or remedy any breach within thirty (30) days after receiving written notice from Licensor to do so (or within forty-eight (48) hours in the event of notice of a railroad emergency), Licensor shall have the option of immediately revoking this Agreement and the privileges and powers hereby conferred, regardless of encroachment fee(s) having been paid in advance for any annual or other period. Upon such revocation, Licensee shall make removal in accordance with Article 14. 13.2 No waiver by Licensor of its rights as to any breach of covenant or condition herein contained shall be construed as a permanent waiver of such covenant or condition, or any subsequent breach thereof, unless such covenant or condition is permanently waived in writing by Licensor. 13.3 Neither the failure of Licensor to object to any work done, material used, or method of construction or maintenance of said Encroachment, nor any approval given or supervision exercised by Licensor, shall be construed as an admission of liability or responsibility by Licensor, or as a waiver by Licensor of any of the obligations, liability and/or responsibility of Licensee under this Agreement. Attachment number 1 \nPage 9 of 15 Item # 37 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX613700 Page 10 of 15 ø 14. TERMINATION, REMOVAL: 14.1 All rights which Licensee may have hereunder shall cease upon the date of (a) termination, (b) revocation, or (c) subsequent agreement, or (d) Licensee's removal of the Facility from the Encroachment. However, neither termination nor revocation of this Agreement shall affect any claims and liabilities which have arisen or accrued hereunder, and which at the time of termination or revocation have not been satisfied; neither party, however, waiving any third party defenses or actions. 14.2 Within thirty (30) days after revocation or termination, Licensee, at its sole risk and expense, shall (a) remove the Facilities from the rail corridor of Licensor, unless the parties hereto agree otherwise, (b) restore the rail corridor of Licensor in a manner satisfactory to Licensor, and (c) reimburse Licensor any loss, cost or expense of Licensor resulting from such removal. 15. NOTICE: 15.1 Licensee shall give Licensor at least thirty (30) days written notice before doing any work on Licensor's rail corridor, except that in cases of emergency shorter notice may be given. Licensee shall provide proper notification as follows: a. For non-emergencies, Licensee shall complete and submit Licensor's Outside Party Number Request Form (Form # OP) by facsimile, to facsimile numbers: (904) 245-3692. Licensee may also scan and email a completed form to email address: OP_Request@csx.com. A blank form, as well as additional instructions and information, can be obtained from Licensor's web site, via web link: http://www.csx.com/share/wwwcsx_mura/assets/File/Customers/Non- freight_Services/Property_Real_Estate/Outside_Party_Number_Request_Form.pdf. b. For emergencies, Licensee shall complete all of the steps outlined in Section 15.1 a. above, and shall also include detailed information of the emergency. Licensee shall also call and report details of the emergency to Licensor's Rail Operations Emergency Telephone Number: 1-800-232-0144. In the event Licensor needs to contact Licensee concerning an emergency involving Licensee's Facility(ies), the emergency phone number for Licensee is: _________________________. 15.2 All other notices and communications concerning this Agreement shall be addressed to Licensee at the address above, and to Licensor at the address shown on Page 1, c/o CSXT Contract Management, J180; or at such other address as either party may designate in writing to the other. 15.3 Unless otherwise expressly stated herein, all such notices shall be in writing and sent via Certified or Registered Mail, Return Receipt Requested, or by courier, and shall be considered delivered upon: (a) actual receipt, or (b) date of refusal of such delivery. Attachment number 1 \nPage 10 of 15 Item # 37 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX613700 Page 11 of 15 ø 16. ASSIGNMENT: 16.1 The rights herein conferred are the privileges of Licensee only, and Licensee shall obtain Licensor's prior written consent to any assignment of Licensee's interest herein; said consent shall not be unreasonably withheld. 16.2 Subject to Sections 2 and 16.1, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors or assigns. 16.3 Licensee shall give Licensor written notice of any legal succession (by merger, consolidation, reorganization, etc.) or other change of legal existence or status of Licensee, with a copy of all documents attesting to such change or legal succession, within thirty (30) days thereof. 16.4 Licensor expressly reserves the right to assign this Agreement, in whole or in part, to any grantee, lessee, or vendee of Licensor's underlying property interests in the Encroachment, upon written notice thereof to Licensee. 16.5 In the event of any unauthorized sale, transfer, assignment, sublicense or encumbrance of this Agreement, or any of the rights and privileges hereunder, Licensor, at its option, may revoke this Agreement by giving Licensee or any such assignee written notice of such revocation; and Licensee shall reimburse Licensor for any loss, cost or expense Licensor may incur as a result of Licensee's failure to obtain said consent. 17. TITLE: 17.1 Licensee understands that Licensor occupies, uses and possesses lands, rights-of-way and rail corridors under all forms and qualities of ownership rights or facts, from full fee simple absolute to bare occupation. Accordingly, nothing in this Agreement shall act as or be deemed to act as any warranty, guaranty or representation of the quality of Licensor's title for any particular Encroachment or segment of Rail Corridor occupied, used or enjoyed in any manner by Licensee under any rights created in this Agreement. It is expressly understood that Licensor does not warrant title to any Rail Corridor and Licensee will accept the grants and privileges contained herein, subject to all lawful outstanding existing liens, mortgages and superior rights in and to the Rail Corridor, and all leases, licenses and easements or other interests previously granted to others therein. 17.2 The term "license," as used herein, shall mean with regard to any portion of the Rail Corridor which is owned by Licensor in fee simple absolute, or where the applicable law of the State where the Encroachment is located otherwise permits Licensor to make such grants to Licensee, a "permission to use" the Rail Corridor, with dominion and control over such portion of the Rail Corridor remaining with Licensor, and no interest in or exclusive right to possess being otherwise granted to Licensee. With regard to any other portion of Rail Corridor occupied, used or controlled by Licensor under any other facts or rights, Licensor merely waives its exclusive right to occupy the Rail Corridor and grants no other rights whatsoever under this Agreement, such waiver continuing only so long as Licensor continues its own occupation, use Attachment number 1 \nPage 11 of 15 Item # 37 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX613700 Page 12 of 15 ø or control. Licensor does not warrant or guarantee that the license granted hereunder provides Licensee with all of the rights necessary to occupy any portion of the Rail Corridor. Licensee further acknowledges that it does not have the right to occupy any portion of the Rail Corridor held by Licensor in less than fee simple absolute without also receiving the consent of the owner(s) of the fee simple absolute estate. Further, Licensee shall not obtain, exercise or claim any interest in the Rail Corridor that would impair Licensor's existing rights therein. 17.3 Licensee agrees it shall not have nor shall it make, and hereby completely and absolutely waives its right to, any claim against Licensor for damages on account of any deficiencies in title to the Rail Corridor in the event of failure or insufficiency of Licensor's title to any portion thereof arising from Licensee's use or occupancy thereof. 17.4 Licensee agrees to fully and completely indemnify and defend all claims or litigation for slander of title, overburden of easement, or similar claims arising out of or based upon the Facilities placement, or the presence of the Facilities in, on or along any Encroachment(s), including claims for punitive or special damages. 17.5 Licensee shall not at any time own or claim any right, title or interest in or to Licensor's property occupied by the Encroachments, nor shall the exercise of this Agreement for any length of time give rise to any right, title or interest in Licensee to said property other than the license herein created. 17.6 Nothing in this Agreement shall be deemed to give, and Licensor hereby expressly waives, any claim of ownership in and to any part of the Facilities. 17.7 Licensee shall not create or permit any mortgage, pledge, security, interest, lien or encumbrances, including without limitation, tax liens and liens or encumbrances with respect to work performed or equipment furnished in connection with the construction, installation, repair, maintenance or operation of the Facilities in or on any portion of the Encroachment (collectively, "Liens or Encumbrances"), to be established or remain against the Encroachment or any portion thereof or any other Licensor property. 17.8 In the event that any property of Licensor becomes subject to such Liens or Encumbrances, Licensee agrees to pay, discharge or remove the same promptly upon Licensee's receipt of notice that such Liens or Encumbrances have been filed or docketed against the Encroachment or any other property of Licensor; however, Licensee reserves the right to challenge, at its sole expense, the validity and/or enforceability of any such Liens or Encumbrances. 18. GENERAL PROVISIONS: 18.1 This Agreement, and the attached specifications, contains the entire understanding between the parties hereto. Attachment number 1 \nPage 12 of 15 Item # 37 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX613700 Page 13 of 15 ø 18.2 Neither this Agreement, any provision hereof, nor any agreement or provision included herein by reference, shall operate or be construed as being for the benefit of any third person. 18.3 Except as otherwise provided herein, or in any Rider attached hereto, neither the form of this Agreement, nor any language herein, shall be interpreted or construed in favor of or against either party hereto as the sole drafter thereof. 18.4 This Agreement is executed under current interpretation of applicable Federal, State, County, Municipal or other local statute, ordinance or law(s). However, each separate division (paragraph, clause, item, term, condition, covenant or agreement) herein shall have independent and severable status for the determination of legality, so that if any separate division is determined to be void or unenforceable for any reason, such determination shall have no effect upon the validity or enforceability of each other separate division, or any combination thereof. 18.5 This Agreement shall be construed and governed by the laws of the state in which the Facilities and Encroachment are located. 18.6 If any amount due pursuant to the terms of this Agreement is not paid by the due date, it will be subject to Licensor's standard late charge and will also accrue interest at eighteen percent (18%) per annum, unless limited by local law, and then at the highest rate so permitted. 18.7 Licensee agrees to reimburse Licensor for all reasonable costs (including attorney's fees) incurred by Licensor for collecting any amount due under the Agreement. 18.8 The provisions of this License are considered confidential and may not be disclosed to a third party without the consent of the other party(s), except: (a) as required by statute, regulation or court order, (b) to a parent, affiliate or subsidiary company, (c) to an auditing firm or legal counsel that are agreeable to the confidentiality provisions, or (d) to Lessees of Licensor's land and/or track who are affected by the terms and conditions of this Agreement and will maintain the confidentiality of this Agreement. 18.9 Licensor shall refund to Licensee any overpayments collected, plus any taxes paid in advance; PROVIDED, however, such refund shall not be made when the cumulative total involved is less than One Hundred Dollars ($100.00). 19. RIDERS: 19.1 The following Rider(s) is/are herewith attached and included herein: [X] Telecommunication Cable or Fiber Optic Line Attachment number 1 \nPage 13 of 15 Item # 37 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX613700 Page 14 of 15 ø IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate (each of which shall constitute an original) as of the effective date of this Agreement. Witness for Licensor: CSX TRANSPORTATION, INC _______________________________ By:_________________________________________ Print/Type Name:_____________________________ Print/Type Title:______________________________ Witness for Licensee: AUGUSTA COMMISSION _______________________________ By:_________________________________________ Who, by the execution hereof, affirms that he/she has the authority to do so and to bind the Licensee to the terms and conditions of this Agreement. Print/Type Name:_____________________________ Print/Type Title:______________________________ Tax ID No.:__________________________________ Authority under Ordinance or Resolution No._______________________________, Dated ______________________________________. Attachment number 1 \nPage 14 of 15 Item # 37 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX613700 Page 15 of 15 ø COMMUNICATIONS CABLE OR FIBER OPTIC LINE PROTECTION RIDER This Rider is and shall be a part of Agreement No. CSX613700, and is incorporated therein. 1. No construction of any type pursuant or related in any way to this Agreement shall be commenced by Licensee, or by any agent, representative, contractor, subcontractor of Licensee, without Licensee first giving at least thirty (30) days written notice to the following Parallel Cable Occupier(s): ("MCI") ATTN: Investigations Mr. Dean Boyers Worldcom/MCI Telecommunications Corporation 2400 North Glenville Drive Richardson, TX 75082-4354 Phone No. (800) 624-9675 or (972) 729-6016 (NOTE: WRITTEN NOTICE TO MCI IS ALSO REQUIRED) 2. The notice shall be accompanied by drawing(s) showing the general plan, elevation, details and methods of Licensee's proposed construction, and the location of Occupier(s)' cable or facilities in relation to Licensee's proposed construction. 3. Prior to any construction, Licensee must locate and identify, any existing cable, wire or fiber optic line (including any appurtenances thereto) of said cable occupier(s) traversing or located in, on, or immediately adjacent to the proposed Crossing, at Licensee's sole risk. 4. Any changes, alteration, relocation or protection of wire(s), cable(s) or facilities of such Occupier(s), required by said Occupier(s), shall be at Licensee's sole expense except as otherwise negotiated between Licensee and said Occupier(s). 5. Licensee shall be solely responsible and liable for any damage to (e.g., cutting, dislocating, etc.) said wire(s) or cable(s), and appurtenances thereto, resulting in any way from Licensee's exercise of rights or privileges under this Agreement. 6. Licensee shall defend, indemnify and hold Licensor harmless from any such damage claims and any relocation or protection costs of said Occupier(s). Attachment number 1 \nPage 15 of 15 Item # 37 Attachment number 2 \nPage 1 of 2 Item # 37 Attachment number 2 \nPage 2 of 2 Item # 37 CS X 6 1 3 7 0 0 Ex h i b i t B Sh e e t 1 o f 3 12 / 1 0 / 2 0 1 3 CS X PR O P E R T Y SE R V I C E S RE V I E W No Ex c e p t i o n s Ex c e p t i o n s No t e d Th i s re v i e w is fo r th e ge n e r a l co n f o r m a n c e wit h CS X ut i l i t y de s i g n sp e c i f i c a t i o n s on l y . So l e re s p o n s i b i l i t y fo r all as p e c t s of th e ov e r a l l de s i g n sh a l l re m a i n wit h th e fa c i l i t y ow n e r . Th i s re v i e w do e s no t co n s t i t u t e ap p r o v a l to pr o c e e d wit h o u t me e t i n g al l of CS X ’ s sa f e t y an d co n t r a c t u a l re q u i r e m e n t s . By : __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ X Attachment number 3 \nPage 1 of 3 Item # 37 CS X 6 1 3 7 0 0 Ex h i b i t B Sh e e t 2 o f 3 12 / 1 0 / 2 0 1 3 CS X PR O P E R T Y SE R V I C E S RE V I E W No Ex c e p t i o n s Ex c e p t i o n s No t e d Th i s re v i e w is fo r th e ge n e r a l co n f o r m a n c e wit h CS X ut i l i t y de s i g n sp e c i f i c a t i o n s on l y . So l e re s p o n s i b i l i t y fo r all as p e c t s of th e ov e r a l l de s i g n sh a l l re m a i n wit h th e fa c i l i t y ow n e r . Th i s re v i e w do e s no t co n s t i t u t e ap p r o v a l to pro c e e d wit h o u t me e t i n g all of CS X ’ s sa f e t y an d co n t r a c t u a l re q u i r e m e n t s . By : __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ X Attachment number 3 \nPage 2 of 3 Item # 37 CS X 6 1 3 7 0 0 Ex h i b i t B Sh e e t 3 o f 3 12 / 1 0 / 2 0 1 3 CS X PR O P E R T Y SE R V I C E S RE V I E W No Ex c e p t i o n s Ex c e p t i o n s No t e d Th i s re v i e w is fo r th e ge n e r a l co n f o r m a n c e wit h CS X ut i l i t y de s i g n sp e c i f i c a t i o n s on l y . So l e re s p o n s i b i l i t y fo r all as p e c t s ofth e ov e r a l l de s i g n sh a l l re m a i n wit h th e fa c i l i t y ow n e r . Th i s re v i e w do e s no t co n s t i t u t e ap p r o v a l to pr o c e e d wi t h o u t me e t i n g al l of CS X ’ s sa f e t y an d co n t r a c t u a l re q u i r e m e n t s . By : __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ X Attachment number 3 \nPage 3 of 3 Item # 37 Commission Meeting Agenda 5/6/2014 2:00 PM Highland Avenue Traffic Safety Issues Department:Clerk of Commission Caption:Motion to approve the report from Traffic Engineering staff to include 1) removing a few trees to provide better sight distance 2) installing a rapid flasher signal and 3) move the crosswalk to a mid-block location with the funding to be charged to the proposed project for improvement on Highland Avenue. (No recommendation from Engineering Services Committee April 28, 2014) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 38 Commission Meeting Agenda 5/6/2014 2:00 PM Motion to Authorize Condemnation -James F. Williams Department:Law Caption:Motion to authorize condemnation to acquire title of a portion of property for right of way and temporary easement, (Parcel 061-1- 163-00-0) 701 Albany Avenue.(Approved by Engineering Services Committee April 28, 2014) Background:Despite repeated efforts, the City has been unable to reach an agreement with the property owner and therefore seeks to acquire title through condemnation. In order to proceed and avoid further project delays, it is necessary to condemn a portion of subject property. The required property consists of 53.66 square feet of right of way and 98.26 square feet of temporary easement. The appraised value is $64.00 Analysis:Condemnation is necessary in order to acquire the required property. Financial Impact:The necessary costs will be covered under the project budget. Alternatives:Deny condemnation. Recommendation:Approve condemnation. Funds are Available in the Following Accounts: FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNTS: G/L 328-041110-52.12122 J/L 211828101-52.12122 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 39 AGENDA ITEM ______________ EDITION ______________ DATE: April 16, 2014 TO: The Honorable Deke Copenhaver, Mayor Members of the Augusta Commission/Members of the Public Services Committee FROM: Daniel W. Hamilton and Andrew McKenzie, General Counsel SUBJECT: Acquisition of right of way and temporary easement to Richmond County, Georgia from James F. Williams CAPTION: Motion to authorize condemnation to acquire title of a portion of property for right of way and temporary easement, (Parcel 061-1- 163-00-0) 701 Albany Avenue. BACKGROUND: Despite repeated efforts, the City has been unable to reach an agreement with the property owner and therefore seeks to acquire title through condemnation. In order to proceed and avoid further project delays, it is necessary to condemn a portion of subject property. The required property consists of 53.66 square feet of right of way and 98.26 square feet of temporary easement. The appraised value is $64.00 ANALYSIS: Condemnation is necessary in order to acquire the required property. FINANCIAL IMPACT: The necessary costs will be covered under the project budget. ALTERNATIVES: Deny condemnation. RECOMMENDATION: Approve condemnation. AGENDA DATE: April 28, 2014 DEPARTMENT FUNDS ARE AVAILABLE IN THE DIRECTOR:_________________________ FOLLOWING ACCOUNTS: G/L 328-041110-52.12122 ADMINISTRATOR:____________________ J/L 211828101-52.12122 FINANCE:__________________________ Attachment number 1 \nPage 1 of 1 Item # 39 Commission Meeting Agenda 5/6/2014 2:00 PM Motion to Authorize Condemnation to Acquire Portion of Propety - Energy Way Department:Law Caption:Motion to authorize condemnation to acquire title of a portion of property in fee simple and permanent construction and maintenance easement (Parcel 209-0-047-00-0) 4646 Windsor Spring Road.(Approved by Engineering Services Committee April 28, 2014) Background:The City cannot determine clear title. Therefore the City seeks to acquire title through condemnation. In order to proceed and avoid further project delays, it is necessary to condemn a portion of subject property. The required property consists of 784.07 square feet in fee and 473.80 square feet of permanent construction and maintenance easement. The appraised value is $500.00. Analysis:Condemnation is necessary in order to acquire the required property. Financial Impact:Condemnation is necessary in order to acquire the required property. Alternatives:Deny condemnation. Recommendation:Approve condemnation. Funds are Available in the Following Accounts: FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNTS: G/L 323041110-52.12122 J/L 299823786-52.12122 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Cover Memo Item # 40 Clerk of Commission Cover Memo Item # 40 AGENDA ITEM ______________ EDITION ______________ DATE: April 16, 2014 TO: The Honorable Deke Copenhaver, Mayor Members of the Augusta Commission/Members of the Engineering Services Committee FROM: Daniel W. Hamilton and Andrew MacKenzie, General Counsel SUBJECT: Acquisition of a portion of the property in fee simple and permanent construction and maintenance easement to Richmond County, Georgia from Energy Way. CAPTION: Motion to authorize condemnation to acquire title of a portion of property in fee simple and permanent construction and maintenance easement (Parcel 209-0-047-00-0) 4646 Windsor Spring Road. BACKGROUND: The City cannot determine clear title. Therefore the City seeks to acquire title through condemnation. In order to proceed and avoid further project delays, it is necessary to condemn a portion of subject property. The required property consists of 784.07 square feet in fee and 473.80 square feet of permanent construction and maintenance easement. The appraised value is $500.00. ANALYSIS: Condemnation is necessary in order to acquire the required property. FINANCIAL IMPACT: The necessary costs will be covered under the project budget. ALTERNATIVES: Deny condemnation. RECOMMENDATION: Approve condemnation. AGENDA DATE: April 28, 2014 DEPARTMENT FUNDS ARE AVAILABLE IN THE DIRECTOR:_________________________ FOLLOWING ACCOUNTS: G/L 323041110-52.12122 ADMINISTRATOR:____________________ J/L 299823786-52.12122 FINANCE:__________________________ Attachment number 1 \nPage 1 of 1 Item # 40 Commission Meeting Agenda 5/6/2014 2:00 PM Motion to Authorize Condemnation to Acquire Portion of Propety -Sharlene K. Roberts Department:Law Caption:Motion to authorize condemnation to acquire title of a portion of property in fee simple, permanent construction and maintenance easement, and one temporary driveway easement (Parcel 193-0- 096-01-0) 4608 Windsor Spring Road. (Approved by Engineering Services Committee April 28, 2014) Background:Despite repeated efforts, the City has been unable to reach an agreement with the property owner and therefore seeks to acquire title through condemnation. In order to proceed and avoid further project delays, it is necessary to condemn a portion of subject property. The required property consists of 884.90 square feet in fee, 0.018 square feet of permanent construction and maintenance easement, and one temporary driveway easement. The appraised value is $500.00 Analysis:Condemnation is necessary in order to acquire the required property. Financial Impact:The necessary costs will be covered under the project budget. Alternatives:Deny condemnation. Recommendation:Approve condemnation. Funds are Available in the Following Accounts: FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNTS: G/L 323041110-52.12122 J/L 299823786-52.12122 REVIEWED AND APPROVED BY: Finance. Law. Cover Memo Item # 41 Administrator. Clerk of Commission Cover Memo Item # 41 AGENDA ITEM ______________ EDITION ______________ DATE: April 16, 2014 TO: The Honorable Deke Copenhaver, Mayor Members of the Augusta Commission/Members of the Engineering Services Committee FROM: Daniel W. Hamilton and Andrew MacKenzie, General Counsel SUBJECT: Acquisition of a portion of the property in fee simple, permanent construction and maintenance easement, and one temporary driveway easement to Richmond County, Georgia from Sharlene K. Roberts. CAPTION: Motion to authorize condemnation to acquire title of a portion of property in fee simple, permanent construction and maintenance easement, and one temporary driveway easement (Parcel 193-0- 096-01-0) 4608 Windsor Spring Road. BACKGROUND: Despite repeated efforts, the City has been unable to reach an agreement with the property owner and therefore seeks to acquire title through condemnation. In order to proceed and avoid further project delays, it is necessary to condemn a portion of subject property. The required property consists of 884.90 square feet in fee, 0.018 square feet of permanent construction and maintenance easement, and one temporary driveway easement. The appraised value is $500.00. ANALYSIS: Condemnation is necessary in order to acquire the required property. FINANCIAL IMPACT: The necessary costs will be covered under the project budget. ALTERNATIVES: Deny condemnation. RECOMMENDATION: Approve condemnation. AGENDA DATE: April 28, 2014 DEPARTMENT FUNDS ARE AVAILABLE IN THE DIRECTOR:_________________________ FOLLOWING ACCOUNTS: G/L 323041110-52.12122 ADMINISTRATOR:____________________ J/L 299823786-52.12122 FINANCE:__________________________ Attachment number 1 \nPage 1 of 1 Item # 41 Commission Meeting Agenda 5/6/2014 2:00 PM On-Call Concrete Repair, Concrete Construction, and Emergency Repair (Bid 11-159) Department:Abie Ladson, Director of Engineering Caption:Motion to approve $1,500,000 to continue the funding for the current On-Call Concrete Repair, Concrete Construction & Emergency Repair Contract with the Horizon Construction Company, Larry McCord LLC, and SITEC LLC. Funding is available in the Grading & Drainage, Suburban Forces, Resurfacing, and Sidewalks Cuts & Replacement accounts as requested by AED. (Approved by Engineering Services Committee April 28, 2014) Background:Due to the continuing demands for drainage improvements, and repairs to aging infrastructures and sidewalks within the county, AED has determined to continue to supplement its engineering resources with an On-Call Contract that include concrete repairs, concrete construction, and emergency repair services. Timely repairs are extremely important to minimizing public safety risks, damages to public property, and associated potential hazard liabilities. Analysis:On February 7, 2012, the Augusta Commission approved the On- Call Concrete Repair, Concrete Construction & Emergency Repair Contract to Horizon Construction, Larry McCord, LLC, and SITEC LLC. Additional funds allocation to this contract is needed to help maintain current level of services. Financial Impact:Funds are available in the amount of $450,000 Grading & Drainage (328-041110-211828001), $450,000 Suburban Forces (328-041110- 211828007), $250,000 Sidewalks Rehab- Replacement (328-041110-211828009), $100,000 Curb Cuts & Sidewalks (328041110-211828010), and $250,000 Resurfacing Contracts (328041110-211828011) to be transferred to On-Call Concrete Construction & Emergency Repair Services Contract upon Commission approval. Alternatives:(1) Approve $1,500,000 to continue the funding for the current On-Call Concrete Repair, Concrete Construction & Emergency Repair Contract with the Horizon Construction Company, Larry Cover Memo Item # 42 McCord LLC, and SITEC LLC. Funding is available in the Grading & Drainage and Suburban Forces account as requested by AED. (2) Do not approve. Recommendation:Approve alternative 1 Funds are Available in the Following Accounts: 328-041110- 211828001/211828007/211828009/211828010/211828011_ REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 42 Augusta-Richmond County, Georgia BE IT ORDAINED by the Commission-Council of Augusta-Richmond County, Section 1: The project change is authorized to CPB#N/A. This request is to approve $1,500,000 in the Grading & Drainage ($450,000), Suburban Forces ($450,000), Sidewalks Rehab Replacement (250,000), Resurfacing Contracts ($250,000) and Curb Cuts & Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. Grading and Drainage 3,100,000$ Sidewalks-Rehab-Replacement 600,000$ Suburban Forces-Resurfacing 1,400,000$ Resurfacing Contracts 750,000$ Curb Cuts & Sidewalks 100,000$ 5,950,000$ Section 3: Copies of this Capital Project Budget shall be made available to the Comptroller for direction in carrying out this project. Adopted this ____________________ day of ______________________. Approved _________________________________________________ Honorable Deke Copenhaver, Mayor Original-Commission Council Office Copy-Engineering Department Copy-Finance Department Copy-Procurement Department CAPITAL PROJECT BUDGET CPB#N/A On-Call Concrete Repair, Concrete Construction, and Emergency Repair (Bid 11-159) repair, concrete construction, and emergency repair services. Funding is available to continue to fund the current contract services that include on-call concrete Contract services to Horizon Construction, Larry McCord, LLC and Sitec, LLC. Sidewalks ($100,000) Phase VI accounts respectively. Georgia that the following Capital Project Budget is hereby amended: Please do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission for execution. For information reference this request, contact Engineering at ext 5070. Thanks 1.13.2012 Attachment number 1 \nPage 1 of 2 Item # 42 Augusta-Richmond County, Georgia CAPITAL PROJECT BUDGET CPB#N/A On-Call Concrete Repair, Concrete Construction, and Emergency Repair (Bid 11-159) CPB AMOUNT ADDITION CPB AMOUNT SOURCE OF FUNDS CPB REQUEST GRADING & DRAINAGE PHASE VI ($2,650,000) ($450,000) ($3,100,000) SUBURBAN FORCES RESURFACING PHASE VI ($950,000) ($450,000) ($1,400,000) SIDEWALKS-REHAB-REPLACEMENT ($350,000) ($250,000) ($600,000) RESURFACING CONTRACTS ($500,000) ($250,000) ($750,000) CURBS CUTS & SIDEWALKS ($100,000) ($100,000) TOTAL SOURCES: ($4,450,000) ($1,500,000) ($5,950,000) USE OF FUNDS 328-041110-52.23110 $4,450,000 $1,500,000 $5,950,000 ++ TOTAL USES: $4,450,000 $1,500,000 $5,950,000 1.13.2012 Attachment number 1 \nPage 2 of 2 Item # 42 Commission Meeting Agenda 5/6/2014 2:00 PM Minutes Department:Clerk of Commission Caption:Motion to approve the minutes of the regular and Special Called commission meetings held April 15 and Special Called meeting held April 28, 2014. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 43 Commission Meeting Agenda 5/6/2014 2:00 PM Reschedulig the May 20th regular meeting Department: Caption:Motion to approve the rescheduling of the Tuesday, May 20th regular meeting to Thursday, May 22, 2014. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 44 Commission Meeting Agenda 5/6/2014 2:00 PM Affidavit Department: Caption:Motion to approve 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