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HomeMy WebLinkAbout2016-07-19-Meeting AgendaCommission Meeting Agenda Commission Chamber 7/19/2016 2:00 PM INVOCATION: Dr. Clarence Joyner, Pastor, Broadway Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. RECOGNITION(S) Certified County Commissioner A. Congratulations! Commissioner Wayne Guilfoyle on the occasion of completing all required course work for your certificate of recognition as a Certified County Commissioner from the University of Georgia Carl Vinson Institute of Government and the Association of County Commissioners of Georgia (ACCG). Attachments President District Seven GMA B. Congratulations! Commissioner Bill Lockett on the occasion of being elected President of the Georgia Municipal Association's Seventh District during the recent GMA Annual Conference held in Savannah, GA. Attachments Five (5) minute time limit per delegation DELEGATIONS C.2016 Augusta Youth Leadership Summer Internship Certificate Presentation. Attachments D.Mr. Kirby Turner regarding businesses and growth in Augusta, proposed Race Track, abandoned properties, Storm Water Fee, etc. Attachments CONSENT AGENDA (Items 1-29) PLANNING 1. Z-16-21 – A request for concurrence with the Augusta Planning Commission to approve with the conditions stated below a petition by Pete Cates, on behalf of James E. Felton, requesting a Special Exception to establish a 30,000-gallon propane tank in a HI (Heavy Industrial) Zone per Section 24-2 (25) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property as described below: Tract A: part of 1831 Killingsworth Road and contains approximately .45 acres. Part of Tax Map 070-2-017-10-0 DISTRICT 2 Tract B: property is known as 1817 Gordon Highway and contain 1.33 acres. Tax Map 070-2-017-01-0. DISTRICT 2 1. The use of the property shall be limited to the proposed above-ground 30,000-gallon propane tank and all uses permitted in the HI zoning. The site must comply with all environmental and fire safety requirements. 2. The project site plan must comply with any other ordinances and regulations in effect at the time of construction. 3. The developer must ensure that the property complies with the Tree Ordinance. 4. Any improvements to the existing curb cut required by the Augusta Engineering Department or the Georgia Department Transportation must be complied with. Any new or improved curb-cuts and necessary right-of-way and / or easements for the site must be approved by the Augusta Engineering Department and the Georgia Department of Transportation. Attachments 2. Z-16-22 – A request for concurrence with the Augusta Planning Commission to approve with the conditions stated below a petition by Lawton Wylds, on behalf of Silvercrest Baptist Church requesting a change of zoning from Zone R-1A (One-family Residential) to Zone P-1 (Professional) affecting property known as part of 3433 Peach Orchard Road and contains .68 acres. (Part of 133-0-004-00-0) DISTRICT 6 No outside storage or long term parking of service vehicles shall be permitted.The property must comply with all aspects of the Tree Ordinance.A ten (10) foot side buffer with a six (6) foot solid board fence shall be required on the southern and western property lines; along the northern property line, adjacent to the church, a six (6) foot solid board fence shall be erected and the mature trees shall remain in place; street yard trees and parking lot trees shall be installed in compliance with the Augusta Tree Ordinance.The site plan must comply with any other ordinances and regulations in effect at the time of construction.The site must comply with current parking regulations.Current access to Peach Orchard Road must be utilized and Attachments improved to Augusta Engineering and Georgia Department of Transportation standards. 3. Z-16-23 – A request for concurrence with the Augusta Planning Commission to approve with the conditions stated below a petition by Paul Lancaster, on behalf of Kelsey Lancaster, requesting a change of zoning from Zone P-1 (Professional) to Zone R-3C (Multiple-family Residential) affecting property known as 407 Telfair Street and contains .16 acres. Tax Map 047-4-058-00-0 DISTRICT 1 1. The use of the property shall be limited to a single family residence or two (2) single-family residential units. 2. Use of the property as a family or group personal care home, boarding house, lodging house, or fraternity or sorority house is not permitted. 3. All building and fire codes must be complied with before a Certificate of Occupancy shall be issued. 4. A minimum of two (2) parking spaces per unit must be available in the shared parking area for the use of tenants of the structure on the subject property. Attachments 4. Z-16-24 – A request for concurrence with the Augusta Planning Commission to approve with the conditions stated below a petition by David E. Smith, on behalf of David Smith Investments LLC, requesting a change of zoning from Zone A (Agriculture) to Zone LI (Light Industry) affecting property known as 3952 and 3956 Mike Padgett Highway and contains 17.92 acres. Tax Map 184-0-078-00-0 and 184-0- 079-00-0 DISTRICT 1 1. Any buildings constructed shall be for dry storage only and no restroom facilities may be constructed within the buildings. 2. The property must comply with all aspects of the Tree Ordinance and applicable standards. A minimum of 25 feet of the existing trees must be retained and a six (6) foot privacy fence must be erected at the disturbed area along the southern property line adjacent to 3960 Mike Padgett Highway. 3. The project site plan must comply with any other ordinances and regulations in effect at the time of plan submission and construction. 4. Any future curb cuts must be approved by the Traffic Engineering Department or the Georgia Department of Transportation. 5. Stormwater runoff must be constructed to the standards of the Augusta Engineering Department and should be retained onsite of each of the two properties involved in the rezoning, unless the properties are combined with each other. If the properties are combined with other properties of the applicant, then the existing stormwater detention pond located on 3948 A Mike Padgett Highway can be utilized after review by Augusta Engineering to ensure is has the capacity to handle the combined amount of stormwater from the properties, and that it will function properly. Attachments 5. ZA-R-244 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition to amend Section 3 – 12 (Special Building Setbacks) of the Comprehensive Zoning Ordinance for Augusta, Georgia by deleting the special setback for Wrightsboro Road from Barton Chapel Road to the Richmond/Columbia County line. (Second Reading) Attachments PUBLIC SERVICES 6.A motion to approve a Contract with NELSON/NYGAARD Consulting Associates, Inc. to Conduct a Comprehensive Operational Analysis of Augusta’s Public Transit System. (Approved by Public Services Committee July 12, 2016) Attachments 7.Motion to approve the appointment of Mr. Mark Plunkett to the HVAC contractor position on the Construction Advisory Board. (Approved by Public Services Committee July 12, 2016) Attachments 8.Motion to approve the Renewal and Amendment of Augusta Public Transit Management and Operation agreement dated July 25, 2013 with an effective date of August 1, 2013 by and between Augusta, Georgia and McDonald Transit Associates, Inc. for the renewal term of August 1, 2016 to July 31, 2018. (Approved by Public Services Committee July 12, 2016) Attachments 9.Motion to approve R.W. Allen to install an energy saving photovoltaic system on the new Public Defender’s Office in the amount of $45,666.00. (Approved by Public Services Committee July 12, 2016) Attachments 10.Motion to adopt a policy establishing procedures and guidelines for dedication plaques to be installed in new and renovated Augusta facilities. (Approved by Public Services Committee July 12, 2016) Attachments ADMINISTRATIVE SERVICES 11.Motion to adopt/approve the attached recommendations of the Finance Attachments Director regarding the city's Link Deposit Program. (Approved by Administrative Services Committee July 12, 2016) 12.Motion to approve a Budget Resolution and a Contract with the Georgia Department of Natural Resources (DNR) for Meadow Garden Rehabilitation Project, and authorize the Administrator to execute a contract not exceeding $45,000 for rehabilitation of the windows at Meadow Garden. (Approved by Administrative Services Committee July 12, 2016) Attachments PUBLIC SAFETY 13.Motion to approve acceptance of the Criminal Justice Coordinating Council (CJCC) Juvenile Justice Incentive Grant Award in the amount of $298,000.00, MOU Agreement with Community Solutions, Inc. (CSI) in the amount of $262,000.00 and grant director/coordinator in the amount of $28,800.00. Grant # Y17-8-002. (Approved by Public Safety Committee July 12, 2016) Attachments 14.Motion to approve County Capacity Agreement for state inmates being housed in the Richmond County Correctional Institution from July 1, 2016 until June 30, 2017. (Approved by Public Safety Committee July 12, 2016) Attachments 15.Motion to approve the establishment of a Sheriff's substation in Unisys Building at a projected construction cost in the amount of $150,000 and to task the Administrator with the identification of a funding source. (Approved by Public Safety Committee July 12, 2016) Attachments FINANCE 16.Motion to approve funding for July 26, 2016 General Primary Runoff with the inclusion of satellite sites. (Approved by Finance Committee July 12, 2016) Attachments 17.Motion to approve the FY 2017 Metropolitan Transportation Planning Services contract between Augusta, Georgia and the Georgia Department Attachments of Transportation. (Approved by Finance Committee July 12, 2016) 18.Motion to approve the waiver of the Augusta Port Authority fees and the reimbursement of the Port Authority Fee in the amount of $6,450 for the Augusta Southern Nationals Drag Boat Race venue and task the Administrator to identify a funding source. (Approved by Finance Committee July 12, 2016) Attachments ENGINEERING SERVICES 19.Motion to approve award of Bid #16-127 for the Construction of Augusta Canal Embankment Repair and Water Line Improvements adjacent to Butt Bridge to Blair Construction, Inc. (Approved by Engineering Services Committee July 12, 2016) Attachments 20.Motion to approve proposal from Cranston Engineering Group, P.C. to provide engineering services to design the Augusta Corporate Park Utility Extension. (Approved by Engineering Services Committee July 12, 2016) Attachments 21.Motion to approve the CSX General Crossing Agreement for Augusta, Georgia. (Approved by Engineering Services Committee July 12, 2016) Attachments 22.Motion to approve Capital Project Budget 324-041110-201824110 and Change Order One in the amount of $88,393.25 for R.J. Haynie and Associates for the Downtown Signal and Streetlight Improvements project as requested by AED/TE. (Approved by Engineering Services Committee July 12, 2016) Attachments 23.Motion to approve entering into a Funding Agreement with the United States Department of Interior US Geological Survey (USGS) for Establishing and Operating a Discharge Gage on the Savannah River at a location in Vicinity of Augusta Downtown as requested by AED. (Approved by Engineering Services Committee July 12, 2016) Attachments 24.Motion to determine that Spellman Street and Goss Lane, as shown on the attached plat has ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the best public interest, and to receive as information the results of the public hearing pursuant to O.C.G.A. §32-7-2, with the abandoned property to be quit-claimed to the appropriate party(ies), as provided by law and an easement to be retained over the entire abandoned portion for existing or future utilities as directed by Augusta Engineering, Utilities and Law Departments and right of way property needs. (Approved by Engineering Services Committee July 12, 2016) Attachments 25.Motion to approve award for Professional Services for 2014 CIP Bond Project Stormwater Removal from Sanitary Sewer System Projects to Goodwyn Mills & Cawood, Inc. (GMC) in an amount not to exceed $268,355.00 in two phases. (Approved by Engineering Services Committee July 12, 2016) Attachments 26.Motion to approve a Deed of Dedication and Maintenance Agreement with Bright-Meyers Windsor Springs, LLC, for the Walmart Neighborhood Market. (Approved by Engineering Services Committee July 12, 2016) Attachments 27.Motion to approve entering into a Project Framework Agreement with the Georgia Department of Transportation for the Wheeler Road from I- 20 to Augusta West Parkway Improvements Project (PI #0012867) as requested by AED. (Approved by Engineering Services Committee July 12, 2016) Attachments 28.Motion to approve entering into a Project Framework Agreement with the Georgia Department of Transportation for the Willis Foreman Road Improvements Project (Deans Bridge Road to Peach Orchard Road) (PI #0013703) as requested by AED. (Approved by Engineering Services Committee July 12, 2016) Attachments PETITIONS AND COMMUNICATIONS 29.Motion to approve the minutes of the regular meeting of the Commission held June 30, 2016 and Special Called Meeting held July Attachments 12, 2016). ****END CONSENT AGENDA**** AUGUSTA COMMISSION 7/19/2016 AUGUSTA COMMISSION REGULAR AGENDA 7/19/2016 (Items 30-35) ADMINISTRATIVE SERVICES 30.Provide an update on efforts made to obtain a potential developer for the Regency Mall property. Explain how other communities have been successful in the rehabilitation of these eyesores and why we appear to be deadlocked or devoid of any constructive ideas. The defunct Regency Mall has stymied the growth of a large portion of the Gordon Highway - Deans Bridge Corridor. Eminent Domain should be considered but utilized as a last resort. (Requested by Commissioner Lockett) Attachments 31.Provide an update on actions taken or anticipated to minimize the threat of the Zika Virus being transmitted in this community. The Zika Virus has been declared a global public health emergency by the World Health Organization and the Centers for Disease Control and Prevention. These organizations encourage state and local governments to diligently prepare to combat this virus and prevent outbreaks. Questions! Do we have adequate trained staff that understand the behavior and biology of mosquitoes? Are adequate resources made available? Do we have a Zika Response Plan? The CDC recommended on June 10, 2016 that Zika Action Plans be developed to guide response activities should a local transmission occur. (Requested by Commissioner Bill Lockett) Attachments FINANCE 32.Receive as information the results of the 2015 financial audit.Attachments 33.Direct the Administrator to transfer $1,000,000 from Contingency Fund Attachments Upcoming Meetings www.augustaga.gov to be utilized by Environmental and Engineering Departments to rid this city of blighted structures and over grown right of ways. (Requested by Commissioner Bill Lockett) ENGINEERING SERVICES 34.Status of prior request for Milledgeville Road improvements between Gordon Highway and North Leg Road. This section of the road is not ADA Compliant and over the past several years four young people were struck by automobiles, one fatally. An October 2014 Walkability Study highlighted many of the dangers Bayvale Elementary School Students face on a daily basis. Safety of our children should be a top priority. (Requested by Commissioner Bill Lockett) Attachments LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 35.Motion to approve execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Commission Meeting Agenda 7/19/2016 2:00 PM Invocation Department: Department: Caption:Dr. Clarence Joyner, Pastor, Broadway Baptist Church Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 7/19/2016 2:00 PM Certified County Commissioner Department:Clerk of Commission Department:Clerk of Commission Caption: Congratulations! Commissioner Wayne Guilfoyle on the occasion of completing all required course work for your certificate of recognition as a Certified County Commissioner from the University of Georgia Carl Vinson Institute of Government and the Association of County Commissioners of Georgia (ACCG). Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 7/19/2016 2:00 PM President District Seven GMA Department:Clerk of Commission Department:Clerk of Commission Caption: Congratulations! Commissioner Bill Lockett on the occasion of being elected President of the Georgia Municipal Association's Seventh District during the recent GMA Annual Conference held in Savannah, GA. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 7/19/2016 2:00 PM Augusta Youth Leadership Summer Internship Presentations Department:Richmond County Tax Commissioner's Office Department:Richmond County Tax Commissioner's Office Caption:2016 Augusta Youth Leadership Summer Internship Certificate Presentation. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 7/19/2016 2:00 PM Kirby Turner Department: Department: Caption:Mr. Kirby Turner regarding businesses and growth in Augusta, proposed Race Track, abandoned properties, Storm Water Fee, etc. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 7/19/2016 2:00 PM Z-16-21-SP Department:Planning Commission Department:Planning Commission Caption: Z-16-21 – A request for concurrence with the Augusta Planning Commission to approve with the conditions stated below a petition by Pete Cates, on behalf of James E. Felton, requesting a Special Exception to establish a 30,000-gallon propane tank in a HI (Heavy Industrial) Zone per Section 24-2 (25) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property as described below: Tract A: part of 1831 Killingsworth Road and contains approximately .45 acres. Part of Tax Map 070-2-017-10-0 DISTRICT 2 Tract B: property is known as 1817 Gordon Highway and contain 1.33 acres. Tax Map 070-2-017-01-0. DISTRICT 2 1. The use of the property shall be limited to the proposed above-ground 30,000-gallon propane tank and all uses permitted in the HI zoning. The site must comply with all environmental and fire safety requirements. 2. The project site plan must comply with any other ordinances and regulations in effect at the time of construction. 3. The developer must ensure that the property complies with the Tree Ordinance. 4. Any improvements to the existing curb cut required by the Augusta Engineering Department or the Georgia Department Transportation must be complied with. Any new or improved curb-cuts and necessary right-of-way and / or easements for the site must be approved by the Augusta Engineering Department and the Georgia Department of Transportation. Background: Analysis: Financial Impact: Alternatives: Cover Memo Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 7/19/2016 2:00 PM Z-16-22 Department:Planning Commission Department:Planning Commission Caption: Z-16-22 – A request for concurrence with the Augusta Planning Commission to approve with the conditions stated below a petition by Lawton Wylds, on behalf of Silvercrest Baptist Church requesting a change of zoning from Zone R-1A (One-family Residential) to Zone P-1 (Professional) affecting property known as part of 3433 Peach Orchard Road and contains .68 acres. (Part of 133-0-004-00-0) DISTRICT 6 No outside storage or long term parking of service vehicles shall be permitted.The property must comply with all aspects of the Tree Ordinance.A ten (10) foot side buffer with a six (6) foot solid board fence shall be required on the southern and western property lines; along the northern property line, adjacent to the church, a six (6) foot solid board fence shall be erected and the mature trees shall remain in place; street yard trees and parking lot trees shall be installed in compliance with the Augusta Tree Ordinance.The site plan must comply with any other ordinances and regulations in effect at the time of construction.The site must comply with current parking regulations.Current access to Peach Orchard Road must be utilized and improved to Augusta Engineering and Georgia Department of Transportation standards. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available Cover Memo in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 7/19/2016 2:00 PM Z-16-23 Department:Planning Commission Department:Planning Commission Caption: Z-16-23 – A request for concurrence with the Augusta Planning Commission to approve with the conditions stated below a petition by Paul Lancaster, on behalf of Kelsey Lancaster, requesting a change of zoning from Zone P-1 (Professional) to Zone R-3C (Multiple-family Residential) affecting property known as 407 Telfair Street and contains .16 acres. Tax Map 047- 4-058-00-0 DISTRICT 1 1. The use of the property shall be limited to a single family residence or two (2) single-family residential units. 2. Use of the property as a family or group personal care home, boarding house, lodging house, or fraternity or sorority house is not permitted. 3. All building and fire codes must be complied with before a Certificate of Occupancy shall be issued. 4. A minimum of two (2) parking spaces per unit must be available in the shared parking area for the use of tenants of the structure on the subject property. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: Cover Memo REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 7/19/2016 2:00 PM Z-16-24 Department:Planning Commission Department:Planning Commission Caption: Z-16-24 – A request for concurrence with the Augusta Planning Commission to approve with the conditions stated below a petition by David E. Smith, on behalf of David Smith Investments LLC, requesting a change of zoning from Zone A (Agriculture) to Zone LI (Light Industry) affecting property known as 3952 and 3956 Mike Padgett Highway and contains 17.92 acres. Tax Map 184-0-078-00-0 and 184-0-079-00-0 DISTRICT 1 1. Any buildings constructed shall be for dry storage only and no restroom facilities may be constructed within the buildings. 2. The property must comply with all aspects of the Tree Ordinance and applicable standards. A minimum of 25 feet of the existing trees must be retained and a six (6) foot privacy fence must be erected at the disturbed area along the southern property line adjacent to 3960 Mike Padgett Highway. 3. The project site plan must comply with any other ordinances and regulations in effect at the time of plan submission and construction. 4. Any future curb cuts must be approved by the Traffic Engineering Department or the Georgia Department of Transportation. 5. Stormwater runoff must be constructed to the standards of the Augusta Engineering Department and should be retained onsite of each of the two properties involved in the rezoning, unless the properties are combined with each other. If the properties are combined with other properties of the applicant, then the existing stormwater detention pond located on 3948 A Mike Padgett Highway can be utilized after review by Augusta Engineering to ensure is has the capacity to handle the combined amount of stormwater from the properties, and that it will function properly. Background: Analysis: Financial Impact:Cover Memo Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 7/19/2016 2:00 PM ZA-R-244 Department:Planning Commission Department:Planning Commission Caption: ZA-R-244 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition to amend Section 3 – 12 (Special Building Setbacks) of the Comprehensive Zoning Ordinance for Augusta, Georgia by deleting the special setback for Wrightsboro Road from Barton Chapel Road to the Richmond/Columbia County line. (Second Reading) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 7/19/2016 2:00 PM APT Comprehensive Operational Analysis Department:Augusta Public Transit Department:Augusta Public Transit Caption:A motion to approve a Contract with NELSON/NYGAARD Consulting Associates, Inc. to Conduct a Comprehensive Operational Analysis of Augusta’s Public Transit System. (Approved by Public Services Committee July 12, 2016) Background:The Augusta Public Transit System (APT) operates fixed route, ADA paratransit, and rural route services with Richmond County, Georgia. The fixed route service consists of 9 routes with 12 peak buses serving approximately 2600 unlinked trips per day. The system also provides complementary ADA service using 8 Para- transit vehicles (Cutaway vans). The rural service utilizes 6 cutaway vehicles to provide service in areas where fixed route services are not available. While APT is interested in new ideas and different ways of delivering service, we are not seeking change simply for the sake of change. The appropriate consultant product may recommend major changes, small adjustments to existing service patterns, or anything in between. The recommendations need to be at a level that will facilitate cost estimating. The overall goal of the study will be to: -Increase route and system efficiency -Better serve existing and emerging transit markets -Reallocate resources to improve ridership and productivity -Ensure services are equitable -Develop support through public and stakeholder input Analysis:The purpose of a Comprehensive Operational Analysis is to: •Evaluate overall transit service efficiency and effectiveness, system route structure and delivery methods. •The study will result in a comprehensive review of all transit system service as a system. •Ultimately it will culminate in a set of service recommendations, for a period up to ten (10) years. Several key questions regarding our service include: •Are any fundamental changes in our overall route structure appropriate to meet the changing needs of our region? •Are there service delivery methods that would improve our service performance? •What downtown Cover Memo route structure will support our growing service levels and accommodate any major system changes? •What general service parameters (i.e. span of service, frequency…) are appropriate for a growing region of our size? •What technology investments are appropriate for the long term, such as fare box upgrades, real-time information, traffic signal priority, etc.? •What is the appropriate revenue mix and fare structure for the system? •What Public Transit Performance Measures should be developed or considered; Performance-based planning and programming should include using transportation performance measures, setting targets, reporting performance, and programming transportation investments directed towards the achievement of transportation system performance outcomes? •What initiatives can Augusta identify to address Ladders of Opportunity; identify transportation connectivity gaps in accessing essential services such as employment, healthcare, schools/education and recreation? The plan will focus upon the service level that can be supported by the current level of funding, and identify strategic actions and investments that would be appropriate if additional funding became available in the future. We anticipate a schedule of 5-7 months to complete the project. The project budget is $115,123. Financial Impact:This purchase will be funded with local and federal grant funds from the Transit Department’s 2016 Capital Budget. The allocated funding breakdown is: FTA Grant GA-90-X-343: Split Federal Local 80/20 $92,098.40 $23,024.60 Total $115,123.00 $92,098.40 $23,024.60 Alternatives:The alternative is to not engage the consultant in the study and utilize City of Augusta Transit employees to gather the information. Unfortunately, Augusta Transit has very little technology in place to gather the needed statistics. Staffing at transit consists of only 4 employees. The amount of time and effort needed to collect and analyze data due to lack of resources needed to do the study would not be effective. Recommendation:Approve a Contract with NELSON/NYGAARD Consulting Associates, Inc. to Conduct a Comprehensive Operational Analysis of Augusta’s Public Transit System. Funds are Available in the Following Accounts: 54709-1215-52-12999 REVIEWED AND APPROVED BY: Cover Memo Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Request for Proposal Request for Proposals will be received at this office until Friday, April 22, 2016 @ 11:00 a.m. for furnishing: RFP Item #16-151 Consulting Services to Conduct a Comprehensive Operational Analysis of Augusta’s Public Transit System for Augusta, Georgia – Transit Department RFPs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 RFP documents may be viewed on the Augusta Georgia web site under the Procurement Department ARCbid. RFP documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. Pre Bid Conference will be held on Friday, April 1, 2016, @ 10:00 a.m. in the Procurement Department, 535 Telfair Street, Room 605. A site visit will follow. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Tuesday, April 5, 2016, @ 5:00 P.M. No RFP will be accepted by fax, all must be received by mail or hand delivered. No RFP may be withdrawn for a period of 90 days after time has been called on the date of opening. Request for proposals (RFP) and specifications. An RFP 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 request for proposal 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 waivable 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 RFP number on the outside of the envelope. Proponents are cautioned that acquisition of RFP documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RFP documents from unauthorized sources places the proponent at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov GERI A. SAMS, Procurement Director Publish: Augusta Chronicle February 25, March 3, 10, 17, 24, 31, 2016 Metro Courier March 2, 2016 VENDORS Attachment "B" E-Verify # Addendum #1 SAVE Form Original 7 Copies Fee Proposal Connectics Transportation Group 570 Colonial Park Dr., Suite 302 Roswell, GA 30075 Yes 264899 Yes Yes Yes Yes Yes Nelson Nygaard 77 Franklin St., 10th FL Boston, MA 02110 Yes 375323 Yes Yes Yes Yes Yes Proposal Opening RFP Item #16-151 Consulting Services to Conduct a Comprehensive Operational Analysis of Augusta's Public Transit Sytem for Augusta, Georgia - Transit Department RFP Due: Friday, April 22, 2016 @ 11:00 a.m. Total Number Specifications Mailed Out: 19 Total Number Specifications Download (Demandstar): 14 Total Electronic Notifications (Demandstar): 106 Pre-Proposal Conference Attendees: 1 Total packages submitted: 2 Total Noncompliant: Page 1 of 1 Criteria Vendors Connectics Transportation Group 570 Colonial Park Dr., Suite 302 Roswell, GA 30075 Nelson Nygaard 77 Franklin St., 10th FL Boston, MA 02110 RANKING SCORING First Round Elimination Pass/Fail Submittal and Quality of RFP (MUST PASS FOR CONTINUED CONSIDERATION) A. Package submitted by the deadline Pass/Fail B. Package is complete (includes requested Pass/Fail Second Round Elimination 50 Quality of RFP (MUST ACHIEVE 35 POINTS FOR CONTINUED ONSIDERATION) C.Overall Quality of RFP (concise and to-the- point)38.3 48.3 Proposer’s ’s Overall Ability to Provide the Services 480 D. Narrative 1. Technical Approach 100 80.0 91.7 2. Financial Responsibility 100 81.7 93.3 3. Project Management 95 81.7 93.3 4. Key Personnel & Staff 95 86.7 90.0 5. Organizational Qualifications 80 76.7 80.0 6. Optional Interview (Potential bonus Points) 10 TOTAL 406.7 448.3 Scope of Services 200 E. Understanding the Scope of Services 1. Proposer demonstrates a thorough understanding of the Scope of Work? 40 38.7 39.0 2. Proposer sufficiently address’s each Phase of Work in their proposal? 40 37.7 39.7 3. Proposer describes their approach to accomplishing the objectives? 40 40.0 40.0 4. Proposer submitted a timeline for accomplishing the work? 40 40.0 40.0 5. Proposer adequately address their plan for obtaining Community input and presentation methods for the final report and recommendations? 40 37.0 38.3 193.3 197.0 Cost/Fee Consideration 10 G. Cost/Fee Proposal (Enclose in a separate sealed envelope)  Lowest Fee 10  Second 8  Third 6  Fourth 4  Fifth 2 Reference(s)10 H. References 7.3 7.3 Total 750 645.7 701.0 Cumulative Proposal Opening RFP Item #16-151 Consulting Services to Conduct a Comprehensive Operational Analysis of Augusta's Public Transit Sytem for Augusta, Georgia - Transit Department RFP Due: Friday, April 22, 2016 @ 11:00 a.m. AUGUSTA PUBLIC TRANSIT PATRICKG STEPHENS Director May 19, 2015 GeriSams, Director Augusta Procu rement Department 535 Telfair Street - Room 605 Augusta, GA 30901 Dear Ms. Sams, The Transit Department has completed a review of the two (2) proposals submitted by Connetics Transportation Group and Nelson/Nygaard for the conduct of a Comprehensive Operational Analysis of our system. The evaluation team has selected Nelson/Nygaard as their choice to conduct the study. We are therefore recommending that we begin negotiations with Nelson/Nygaard's for the conduct of this project. Again the transit team appreciates all the help your staff has provided us in helping us to improve Transit in Augusta. Thanks,@aW* Patrick Stephens Augusta Public Transit 1535 Fenwick Street - August4 GA 30904 (706) 823-4400 - Fax (706) 821-1752 WWW.AUGUSTAGA.GOV Commission Meeting Agenda 7/19/2016 2:00 PM Construction Advisory Board Department:Planning and Development Department:Planning and Development Caption:Motion to approve the appointment of Mr. Mark Plunkett to the HVAC contractor position on the Construction Advisory Board. (Approved by Public Services Committee July 12, 2016) Background:Mr. Rick Pinnell recently resigned from the position on the Construction Advisory Board reserved for a HVAC contractor. The Construction Advisory Board solicited interest in the position from HVAC contractors, and Mr. Plunkett submitted a Talent Bank Information Questionnaire. Analysis:Mr. Plunkett would fill the remainder of Mr. Pinnell's term on the Construction Advisory Board Financial Impact:Not Applicable Alternatives:None recommended Recommendation:Approve the appointment of Mr. Mark Plunkett to the position on the Construction Advisory Board reserved for a HVAC contractor. Funds are Available in the Following Accounts: Not Applicable REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Jun,24. 2016 2:01PM To be your appointrnent. Date L Name: 2. Homc Phone: 3, Email: 4. Address: ffi-Richmond founty/, ,orr, ^"(,{r#r#r"r"!R#"ilirir!{u'"*rke wourd become pubric information upon No, 3288 P.2 TALENT BANK INFORIVIA"TION QUESTIONNAIRE by pcrsons desirlrg [o volunteer ggi t-*':it on the Authoriry, Board or Business Phone:53*Z 'el , f,'ah P Street State zip Female5, Dete of Birth , , OF /eS / tq ilf sex: Male '/-- 6. Registered Voter: Yes No r0. 11. t2.Race: Whirc l-/ AficanAmcrican -AsianAmerican- Spanish sumamed -A*ericf,n Indian F0ther _.- 'tot) 47, Voting Distriot: / 8.Marital Status: Single Engaged 9. Education: High School College List Boalds You serve 0n: Married tt' Divorced Separated Relatives working for the City/County: in which you have a particular interest or expcrtisc: Jun,24, 2016 2:00P|l1 No,3288 P, 1 3ffi9 SkirtnarMtll Road, Augusta, GA3Ag}g, Fax FA6) 667-9427' GAReg. CU400817 Sales: (706)733-7721 , {eruice:(706)738-1406' FrcmAiken:(803)M9'4044M,*h,, Webste: wvtw.plunkettheatcoo/.com , email: d*i*e*h@gmilm- ChanberolConmerce 'tr&.1)BBE-I..MEMEEACEOncr^-cBolu emoil cot rection : plunkctthc@plufiketthest€ool.com FAXT.RANSMITTAL FORM DATE: TO: FAX#: FROM: RE: To6 -,,? / A - {"\ ,7 Z ,(oi,,t',0 4 ,.,- Number of pages: I ,, (Excludes thts cover pagel It fiansmlssion is illeglble, please contoct thls olflce lor retransmisslon. Commission Meeting Agenda 7/19/2016 2:00 PM Contract Renewal and Amendment with McDonald Transit Department:Augusta Public Transit Department:Augusta Public Transit Caption:Motion to approve the Renewal and Amendment of Augusta Public Transit Management and Operation agreement dated July 25, 2013 with an effective date of August 1, 2013 by and between Augusta, Georgia and McDonald Transit Associates, Inc. for the renewal term of August 1, 2016 to July 31, 2018. (Approved by Public Services Committee July 12, 2016) Background:On July 25, 2013, the Commission approved a contract for the Transportation Management and Operation Services for Augusta Public Transit’s Fixed Route, Paratransit and Richmond Transit (Rural) Transportation Services with McDonald Associates, Inc. The contract term was for an initial period of three (3) years with Augusta having the option to renew for three (3) additional two (2) year periods. The initial contract period commenced on August 1, 2013 and will end on July 31, 2016. The Transit Department is recommending approval of the first renewal term for the period beginning August 1, 2016 and ending July 31, 2018. Analysis:In 2011 Augusta, Georgia contracted out the management and operation of Fixed Route, Paratransit, and Rural Transit Service to another vendor whose contract was later terminated. Currently, McDonald Transit Associates, Inc. manages the functional responsibility for the operation and vehicle maintenance of the service. Outsourcing has Advantages and Disadvantages The outsourcing or privatization of transit services is a common practice across the United States especially in small transit systems where there are limited resources or a lack of expertise in transit development and operations. Contracting can reduce costs because contractors’ workforces are more flexible, with more employees working flexible hours, and lower insurance costs, among other things. For oversight, transit agencies most commonly use periodic reports or meetings, on-site inspections, performance metrics, and real time monitoring. In addition, transit agencies often view contracting as advantageous when starting Cover Memo new or expanding service in order to avoid startup costs. Augusta's system remains in the early stages of development and has benefited from the presence of a responsible and capable maintenance and operations arm. Key Ingredients for Success The keys to successfully improving Augusta transit service include, establishing effective partnerships with the contractor, defining a clear vision for the future, establishing objectives and developing Key Performance Indicators (KPI’s) in order to measure overall performance and system improvement. In other words, the goal is to become “Data driven” to ensure effective decision making for continuous improvement and to maximize efficiency. Unfortunately, Augusta has very little technology in place to effectively gather critical and reliable data. This has made it extremely difficult for the contractor as well Augusta Transit employees to establish goals and make critical decisions for improving the system and operational efficiency. The Future of Transit in Augusta During the past year, Augusta’s Elected Officials, Administrator, and various departments within the government have had the opportunity to begin to evaluate opportunities for improving transit and its infrastructure and begin to identify initiatives to move transit forward. These actions have included, rebranding efforts, replacing aging buses, planning for a new modern transit facility that will serve transit for years to come, plans to improve security in facilities and on buses, and installing state of the art technology for gathering data. Critically important is the initiation of a Comprehensive Operational Analysis Study of which is important for improving the system and charting a path for future growth. Transit Accomplishments and Corrective Actions under McDonald Transit Evaluation of Transit operations since August 2013 under McDonald Transit management reflect the following: • McDonald Transit had six (6) days to institute a plan and assume operations of the system from the previous contractor. This effort largely was successful under difficult conditions. • During the 2012 FTA Triennial Review, a number of deficiencies in the operation of transit service were found that involved the prior Contractor. Upon assuming the role of contractor, McDonald Transit began developing and implementing new policies and procedures to correct the deficiencies. There were no FTA findings for McDonald during the most recent 2015 Triennial Review. • In the early stages of the current contract, McDonald experienced challenges with personnel issues, but took action to correct the problems. • Ridership has increased during the three year period and continues to grow. • Significant improvements have been made in the vehicle maintenance area to improve equipment performance and increase reliability. • Customer complaints for operator discourtesy and rudeness are declining. • A collaborative relationship between McDonald and Augusta Transit personnel has evolved that focuses on continuous improvement, improved system efficiency, and a vision for the future • Jointly, new initiatives are underway to develop such programs as Travel Cover Memo Training that will teach our citizens how to access and use transit as one of their mobility options. Recommendations The Transit Department is recommending that Augusta continue to contract out the services to McDonald Transit for managing and operating the delivery of transit services with the following contract amendments: Transit is recommending renewal and modifications to the contract as follows: • Approval of the First Term Renewal beginning August 1, 2016 and ending July 31, 2018. • Approval of a 1.8% increase in service hour rates in each year of the renewal period. (An evaluation of financial statements provided by McDonald Transit reflect losses in two of the past three years. These losses are attributed to rising health care costs, maintenance repair costs associated with engine rebuilds and replacements on vehicles that have reach their mid-life and other cost related to wages and fringe benefits. Additionally, there has been no rate increase for services during the contract period. Recent changes in the Fair Labor Standards Act regarding salaried employees along with expected health care costs will further exacerbate McDonald's losses. Transit will need to rebuild or replace six or seven engines during the next one to two years at a cost ranging from $19,000 to $35,000 each depending on repair or replacement. The contractor assumed these costs during the past three years, with no additional consideration, thus contributing to their losses.) • Reduce the Performance Bond from 100% of the estimated contract value to 50% of the estimated contract value. • Budget up to $100,000 of FTA Section 5307 funds to rebuild or replace engines when the repair exceeds $5,000.00. The Contractor will be responsible for paying the 20% match required by the grant. • The Contractor will be responsible for 50% of the annual maintenance cost or any future upgrade fees associated with the Trapeze Dispatch and Scheduling System during the contract renewal period. Financial Impact:The estimated value of the two-year contract renewal is: • $4,685,880.22 - (August 1, 2016 through July 31, 2017) • $4,770,050.09 - (August 1, 2017 through July 31, 2018) Alternatives:The alternative would be to approve the contract for a one-year period thereby allowing time to re-evaluate the options, to include issuing an RFP for another vendor. Recommendation:Approve the Contract Renewal and Amendments for the Augusta Public Transit Management and Operation agreement dated July 25, 2013 with an effective date of August 1, 2013 by and between Augusta, Georgia and McDonald Transit Associate Inc. for the first renewal term of August 1, 2016 to July 31, 2018, and in accordance with the amended terms and conditions stated herein. Funds are Available Funding will come from the following Transit accounts: • Cover Memo in the Following Accounts: 546091111 Transit-Vehicle Operations-MB • 546091113 Transit- Vehicle Operations-DR • 546091120 Transit-Non-Urban Transit Operations REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo SUBJECT: Contract Renewal and Amendment with McDonald Transit CAPTION: A motion to approve the Renewal and Amendment of Augusta Public Transit Management and Operation agreement dated July 25, 2013 with an effective date of August 1, 2013 by and between Augusta, Georgia and McDonald Transit Associate Inc. for the first renewal term of August 1, 2016 to July 31, 2018. BACKGROUND: On July 25, 2013 the Commission approved a Contract for the Transportation Management and Operation Services for Augusta Public Transit’s Fixed Route, Paratransit and Richmond Transit (Rural) Transportation Services by McDonald Associates, Inc. The contract term was for an initial period of three (3) years with Augusta having the option to renew for three (3) additional two (2) year periods. The initial contract period commenced on August 1, 2013 and ends on July 31, 2016. The Transit Department is recommending approval of the first renewal term for the period beginning on August 1, 2016 and ending on July 31, 2018. ANALYSIS: In 2011 Augusta, Georgia contracted out the management and operation of Fixed Route, Paratransit, and Rural Transit Service. Currently McDonald Transit Associates, Inc. manages the functional responsibility for the operation and vehicle maintenance of the service. Outsourcing has Advantages and Disadvantages The outsourcing or privatization of transit services is a common practice across the United States especially in small transit systems where there is limited resources or lack of expertise in transit development and operations. Contracting can reduce costs because contractors’ workforces are more flexible, with more employees working part time positions, and lower insurance costs, among other things. For oversight, transit agencies most commonly use periodic reports or meetings, on-site inspections, performance metrics, and real time monitoring. In recent U.S. Government studies, transit agencies and contractors cited benefits, challenges, and disadvantages to contracting. Some of the disadvantages include employee morale problems and frequent turnover in cases where reduced wages and benefits are involved. Transit agencies often view contracting as advantageous when starting new or expanding service in order to avoid startup costs. The report further noted that transit agencies that do not contract, cited different reasons for not doing so. They included a desire to maintain control over operations; no reason change from the agency providing service; or contracting was determined to not be cost effective. Key Ingredients for Success The keys to successfully improving Augusta transit service include, establishing effective partnerships with the contractor, defining a clear vision for the future, establishing objectives and developing Key Performance Indicators (KPI’s) in order to measure overall performance and system improvement. In other words become “Data driven” to ensure effective decision making for continuous improvement and to maximize efficiency. Unfortunately, Augusta has very little technology in place to effectively gather critical and reliable data. This has made it extremely difficult for the contractor as well Augusta Transit employees to establish goals and make critical decisions for improving the system and operational efficiency. The Future of Transit in Augusta During the past year Augusta’s elected officials, City Administrator, and various departments within the City government have had the opportunity to begin to evaluate opportunities for improving transit and its infrastructure and begin to identify initiatives to move transit forward. These actions have included, rebranding efforts, replacing aging buses, planning for a new modern transit facility that will serve transit for years to come, plans to improve security in facilities and on buses, and installing state of the art technology for gathering data. Critically important is the initiation of a Comprehensive Operational Analysis Study of which is important for improving the system and charting a path for future growth. Transit Accomplishments and Opportunities for Improvement Evaluation of Transit operations since August 2013 under McDonald Transit management reflect the following: · McDonald Transit had six (6) days to institute a plan and assume operations of the system from the previous contractor. · During the 2012 FTA Triennial Review a number of deficiencies in the operation of transit service were found. Upon assuming the role of contractor, McDonald Transit began developing and implementing new policies and procedures to correct the deficiencies. There were no FTA findings for McDonald during the most recent 2015 Triennial Review. · In the early stages of the contract, McDonald experienced challenges with personnel issues and has taken action to correct the problems. · Ridership has increased during the three year period and continues to grow. · Significant improvements have been made in the vehicle maintenance area to increase reliability. · Customer complaints for operator discourtesy and rudeness are declining. · A collaborative relationship between McDonald and Augusta Transit personnel has evolved that focuses on continuous improvement, improved system efficiency, and a vision for the future · Jointly, new initiatives are underway to develop such programs as Travel Training that will teach our citizens how to access and use transit as one of their mobility options. Outsourcing Recommendations Due to the limited budget for the operation of the transit system, it is critical that the department strives to maintain maximum service effectiveness and increase operational efficiency within the allocated budget especially as the demand for service increases. The next one to two-year period is extremely important for transit. The department has developed Key Performance Indicators and will become “data driven” to ensure continuous improvement. Aging infrastructures and amenities will be refurbished or replaced. The Transit Department is recommending that Augusta continue to contract out the services to McDonald Transit for managing and operating the delivery of transit services. An evaluation of financial statements provided by McDonald Transit reflect losses in two of the past three years. These losses are attributed to rising health care costs, maintenance repair costs associated with engine rebuilds and replacements on vehicles that have reach their mid-life and other cost related to wages and fringe benefits. Additionally, there has been no rate increase for services during the contract period. Recent changes in the Fair Labor Standards Act regarding salaried employees along with expected health care costs will further exacerbate increased costs. Transit will need to rebuild or replace six or seven engines during the next one to two years at a cost ranging from $19,000 to $35,000 each depending on repair or replacement. These are costs that the contractor is responsible for. Transit is recommending renewal and modifications to the contract as follows: · Approval of the First Term Renewal beginning August 1, 2016 and ending July 31, 2018. · Approval of a 1.8% increase in Service hour rates in each year of the renewal period. · Reduce the Performance Bond from 100% of the estimated contract value to 50% of the estimated contract value. · Budget up to $100,000 of FTA Section 5307 to rebuild or replace engines when the repair exceeds $5,000.00. The Contractor will be responsible for paying the 20% match required by the grant. · The Contractor will be responsible for 50% of the annual maintenance cost or any future upgrade fees associated with the Trapeze Dispatch and Scheduling System. FINANCIAL IMPACT: The estimated value of the two-year contract renewal is: · $4,685,880.22 - (August 1, 2016 through July 31, 2017) · $4,770,050.09 - (August 1, 2017 through July 31, 2018) Funding will come from the following Transit accounts: · 546091111 Transit-Vehicle Operations-MB · 546091113 Transit-Vehicle Operations-DR · 546091120 Transit-Non-Urban Transit Operations ALTERNATIVES: The alternative would be to approve the contract for a one-year period. RECOMMENDATION: Approve the Contract Renewal and Amendments for the Augusta Public Transit Management and Operation agreement dated July 25, 2013 with an effective date of August 1, 2013 by and between Augusta, Georgia and McDonald Transit Associate Inc. for the first renewal term of August 1, 2016 to July 31, 2018. Commission Meeting Agenda 7/19/2016 2:00 PM Photovoltaic System for Augusta PDO Department:Central Services Department:Central Services Caption:Motion to approve R.W. Allen to install an energy saving photovoltaic system on the new Public Defender’s Office in the amount of $45,666.00. (Approved by Public Services Committee July 12, 2016) Background:Earlier this year, the Augusta Commission has expressed a strong interest in installing a photovoltaic array on the former public library building currently being renovated to house the offices of the Public Defender. Current year capital in the amount of $50,000 was identified to fund this project. Analysis:Renovations to the existing building are well under way. Staff discussed the path forward with the Administrator’s office and determined the most effective way to integrate this scope of work into the existing project would be to have the R. W. Allen, LLC, the design build contractor, coordinate with the design team, subcontractors, and solar array suppliers to seamlessly integrate the change into the current project. This should minimize delays, avoid conflict of responsibilities and the minimize potential claims that might arise if we add a third party into an ongoing construction process. R. W. Allen’s team prepared design documents for competitive bidding of the solar array consistent with our desire to receive a minimum of three competitive bids. This proposal includes the lowest bid submitted for the solar array as well as the cost for design and integration of the system into the existing and ongoing system construction. The array is just over 10 kW and meets Georgia Power’s requirements for installations in buildings served by a network feed. Financial Impact:The cost of the installation is $46,666.00. Alternatives:1. Approve agreement with R.W. Allen to install an energy saving photovoltaic system on the new Public Defender’s Office in the Cover Memo amount of $45,666.00. 2. Do not approve the installation Recommendation:Approve agreement with R.W. Allen to install an energy saving photovoltaic system on the new Public Defender’s Office in the amount of $45,666.00. Funds are Available in the Following Accounts: Funding has been set up under Capital Account 272-02-2510 / 5413120. REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 7/19/2016 2:00 PM Policy for Building Dedication Plaques Department:Recreation Parks and Facilities - Facilities Department:Recreation Parks and Facilities - Facilities Caption:Motion to adopt a policy establishing procedures and guidelines for dedication plaques to be installed in new and renovated Augusta facilities. (Approved by Public Services Committee July 12, 2016) Background:In the last several years, there have been several major buildings completed by Augusta. There is no consistent policy governing the content or approval process for dedication plaques installed in these buildings to commemorate the leaders and primary participants in the project. The accompanying document was prepared at the request of the Augusta Commission to establish a consistent policy on dedication plaques. Analysis:This proposed policy establishes consistent guidelines for installation of dedication plaques in future projects. The Augusta Commission would have final approval of the content prior to fabrication of the plaque. Financial Impact:There is no financial impact involved in adopting a policy. Alternatives:1. Adopt a policy establishing procedures and guidelines for dedication plaques to be installed in new and renovated Augusta facilities. 2. Do not adopt the policy. Recommendation:Adopt a policy establishing procedures and guidelines for dedication plaques to be installed in new and renovated Augusta facilities. Funds are Available in the Following Accounts: None required Cover Memo REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Richmond County Plaque Dedication Policy SUBJECT: RECOMMENDATION FOR ESTABLISHING A POLICY CONCERNING DEDICATING PLAQUES FOR COUNTY FACILITIES SOURCE: Administrator Position The Augusta-Richmond County Commission has the authority to name, rename, or otherwise designate any building under the control of the county regardless of whether it was previously named by the commission. The Commission has the authority to provide suitably for acknowledging within the County Government (whether by memorials, designations or other suitable acknowledgements), (A) efforts of persons who have contributed substantially to the goals of the county and (B) gifts for use in activities of the County related to the wellbeing of its citizens. The primary purpose in designating an official name for an installation or building is to identify the occupying activity for the public and official visitors. Following usual practices, it is County policy not to name an installation or building for living persons or, other than in exceptional cases, for deceased persons. It is also the Commission policy to recognize the completion of a new installation, building, or major renovation to an existing building as an event of importance to the community. Therefore, it is the policy of the Commission to recognize the occasion by planning and conducting appropriate dedication ceremonies. This provides citizens with an opportunity to see the physical evidence of expenditures of their tax dollars. New Facilities Construction The names of the Mayor and Commission members seated on the date action was taken to fund the construction of the facility and the names of the Mayor and Commission members in office at the time of dedication, along with those of the Administrator, department director, construction manager, the architect and general contractor shall be engraved on a permanent plaque affixed to the facility. Facilities Acquisitions The names of the Mayor and Commission members seated on the date action was taken to approve the funding of the acquisition and the names of the Mayor and Commission members in office at the time of dedication, along with the Administrator are to be included on the plaque. If renovation of said facility occurs prior to the County’s occupying the facility then, in addition to the names of the Commission members taking action to approve the acquisition and the names of the Administrator, the department director, construction manager, architect and general contractor’s are also to be included on the plaque affixed to the facility. Extensive Renovation of an Existing Facility The names of the Mayor and Commission members seated on the date of action to fund the renovation project and the names of the Mayor and Commission members in office at the time of dedication, along with the names of the Administrator, the department director, construction manager, the architect and general contractor are to be included on the plaque. The plaque will identify the project as a renovation or remodel, and the plaque will be placed next to or close in proximity to, the original dedication plaque. Responsibilities The Central Services Department is responsible for oversight of this policy to ensure it is consistently applied. Procedures The final format and wording will be submitted to the Central Services Director before approval by the Administrator and will normally include the following: · City of Augusta logo · Identification of Commission facility or event · Date (month, day, year) of opening/dedication · Mayor · Mayor Pro Tem · Commission Members (first name and last name in District order) · Administrator · Department Director · Construction Manager · Architect · General Contractor · Funding recognition (if applicable) Commission Meeting Agenda 7/19/2016 2:00 PM Link Deposit Program Department: Department: Caption:Motion to adopt/approve the attached recommendations of the Finance Director regarding the city's Link Deposit Program. (Approved by Administrative Services Committee July 12, 2016) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 7/19/2016 2:00 PM Meadow Garden Rehabilitation Project HPF Grant (FFY 2016) Department:Planning and Development Department Department:Planning and Development Department Caption:Motion to approve a Budget Resolution and a Contract with the Georgia Department of Natural Resources (DNR) for Meadow Garden Rehabilitation Project, and authorize the Administrator to execute a contract not exceeding $45,000 for rehabilitation of the windows at Meadow Garden. (Approved by Administrative Services Committee July 12, 2016) Background:In February a grant application was submitted to the Georgia Department of Natural Resources (DNR) to help finance the restoration of windows at a historic property known as Meadow Garden house museum located at 1320 Independence Drive. In May DNR awarded the city a $20,000 reimbursable grant for the project. The Georgia State Society, National Society Daughters of the American Revolution (DAR) is the owner of the property and is undertaking the project in partnership with the City of Augusta. The Augusta Planning and Development Department will provide management and technical support on the project. Analysis:A qualified historic window restoration contractor will be hired to complete the window repair project at Meadow Garden. The project involves the restoration of 28 historic wood windows that have deteriorated. The windows will be repaired in a manner that is sensitive to the character of the building and in compliance with the applicable rehabilitation standards. The Planning and Development Department will manage the project and provide some of the required in-kind match. The City of Augusta will not make a monetary contribution for the project, but can provide in- kind labor through the Augusta Planning and Development Department (APDD) to help manage the project. Financial Impact:This is a reimbursable grant program. As a result, the city will have to make periodic payments to the project contractor and then request reimbursement from DNR. The maximum reimbursable cost to the city is $20,000. The project budget is as follows: Cover Memo BUDGET HPF/Federal Share- $20,000.00 Matching Share- $13,333.33 (minimum match from DAR. There is no penalty if the DAR overmatches the grant. Matching share can include the $1,200 local match from APDD in-kind services) Alternatives:Accept the grant award or reject it and assist DAR in finding another way to repair the deteriorated windows. Recommendation:Approve the Budget Resolution and a Contract with the Georgia Department of Natural Resources (DNR) for Meadow Garden Rehabilitation Project, and authorize the Administrator to execute a contract not exceeding $45,000 for rehabilitation of the windows at Meadow Garden. Funds are Available in the Following Accounts: Org Key 220016309 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Budget Resolution STATE OF GEORGIA ) AUGUSTA RICHMOND COUNTY AUGUSTA-RICHMOND COUNTY ) COMMISSION BUDGET AMENDMENT NO. 1 IT IS HEREBY ORDERED that the General Fund Budget for the year 2016 be amended to reflect increased revenue of $33,333.33 resulting from federal grant income of $33,333.33. IT IS FURTHER ORDERED that the appropriations be increased by $33,333.33 for payment of the Meadow Garden Rehabilitation Project. The total budget for the project is $33,333.33. REVENUES Grant from Georgia DNR $ 20,000.00 Local Match (In-Kind & Cash) $ 13,333.33 Minimum match from Daughters of the American Revolution (DAR). There is no penalty if the DAR overmatches the grant. Matching share can include the $1,200 local match from APDD in-kind services Total $ 33,333.33 APPROPRIATIONS Grant from Georgia DNR $ 20,000.00 Local Match (In-Kind & Cash) $ 13,333.33 Minimum match from Daughters of the American Revolution (DAR). There is no penalty if the DAR overmatches the grant. Matching share can include the $1,200 local match from APDD in-kind services Total $ 33,333.33 HARDIE DAVIS, JR., MAYOR Approved this ……the day of………... 2016 AUGUSTA, GEORGIA ______________________________ As its mayor Commission Meeting Agenda 7/19/2016 2:00 PM CJCC Juvenile Justice Grant Award Department:Juvenile Court Department:Juvenile Court Caption:Motion to approve acceptance of the Criminal Justice Coordinating Council (CJCC) Juvenile Justice Incentive Grant Award in the amount of $298,000.00, MOU Agreement with Community Solutions, Inc. (CSI) in the amount of $262,000.00 and grant director/coordinator in the amount of $28,800.00. Grant # Y17-8-002. (Approved by Public Safety Committee July 12, 2016) Background:See attachment. Analysis:See attachment. Financial Impact:See attachment. Alternatives: Recommendation:See attachment. Funds are Available in the Following Accounts: See attachment. REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 7/19/2016 2:00 PM County Capacity Agreement Department:Richmond County Correctional Institution Department:Richmond County Correctional Institution Caption:Motion to approve County Capacity Agreement for state inmates being housed in the Richmond County Correctional Institution from July 1, 2016 until June 30, 2017. (Approved by Public Safety Committee July 12, 2016) Background:Augusta-Richmond County contracts with the state of Georgia to house two hundred thirty (230) non-violent inmates to perform skilled/non-skilled labor in 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:Approve the County Capacity Agreement to house two hundred thirty (230) non-violent inmates at the Richmond County Correctional Institution from July 1, 2016 until June 30, 2017. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Cover Memo Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 7/19/2016 2:00 PM Safety Downtown Events Department: Department: Caption:Motion to approve the establishment of a Sheriff's substation in Unisys Building at a projected construction cost in the amount of $150,000 and to task the Administrator with the identification of a funding source. (Approved by Public Safety Committee July 12, 2016) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 7/19/2016 2:00 PM Approve Funding for General Primary Runoff Department:Board of Elections Department:Board of Elections Caption:Motion to approve funding for July 26, 2016 General Primary Runoff with the inclusion of satellite sites. (Approved by Finance Committee July 12, 2016) Background:A runoff from the May 24, 2016 General Primary Runoff will be held in all of the voting precincts of Augusta-Richmond County on July 26, 2016. The runoff is not funded in our General Budget, but funding is set aside in Contingency Funds. Analysis:The runoff is mandated by State law. Financial Impact:$69,550 Alternatives:None Recommendation:Approve Funding Funds are Available in the Following Accounts: 101-101110-6011145 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo July 26, 2016 General Primary and NP Runoff Budget Estimate ITEM TOTAL COST Poll Worker Salary 101-01-4111-51.12210 28,925 Cell Phones 101-01-4111-52.32112 1,075 Testing of Equipment 101-01-4111-52.39112 400 Custodial Pay 101-01-4111-52.39112 1,100 Advance Voting 101-01-4111-52.39112 5,500 Temporary Workers 101-01-4111-52.39112 16,000 Security 101-01-4111-52.39112 700 Election Night Workers and Delivery Crews 101-01-4111-52.39112 3,500 Building Rental 101-01-4111-52.24111 3,750 Truck Rental 101-01-4111-52.24219 1,800 Mileage 101-01-4110-52.35110 100 Miscellaneous Supplies 101-01-4111-53.11110 2,400 Printing – Absentee Ballots 101-01-4111-52.34110 1,500 Food 101-01-4111-53.13110 200 Board Pay 101-01-4110-52.11114 1,000 Advertising 101-01-4110-52.35110 100 Postage – Absentee/Poll Worker 101-01-4110-52.32120 1,500 TOTAL ESTIMATED COST 69,550 Commission Meeting Agenda 7/19/2016 2:00 PM Metropolitan Transportation Planning Services Contract Department:Planning and Development Department:Planning and Development Caption:Motion to approve the FY 2017 Metropolitan Transportation Planning Services contract between Augusta, Georgia and the Georgia Department of Transportation. (Approved by Finance Committee July 12, 2016) Background:The Planning and Development Department provides transportation planning services for the Augusta Regional Transportation Study (ARTS). The scope of these services is outlined in the ARTS Unified Planning Work Program, and funding for them is subject to renewal each year through a contract with the Georgia Department of Transportation. Analysis:Approving the contract will ensure continued funding for the Augusta Regional Transportation Study activities included in the ARTS Unified Planning Work Program and provided by staff of the Planning & Development Department. Financial Impact:The contract stipulates that the Georgia Department of Transportation will reimburse the city for eighty percent (80%) of the eligible costs incurred for providing regional transportation planning services. The funding amount is almost identical to the funding level last year, so that the twenty percent (20%) local match will be the same as in the 2016 budget for the Planning and Development department. Alternatives:None recommended Recommendation:Approve the FY 2017 Metropolitan Transportation Planning Services contract between Augusta, Georgia and the Georgia Department of Transportation Funds are Available Cover Memo in the Following Accounts:Local matching funds are in Account #220016309 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 7/19/2016 2:00 PM Request for Waiver of Port Authority Fees for Augusta Southern Nationals Drag Boat Race Department:Clerk of Commission Department:Clerk of Commission Caption:Motion to approve the waiver of the Augusta Port Authority fees and the reimbursement of the Port Authority Fee in the amount of $6,450 for the Augusta Southern Nationals Drag Boat Race venue and task the Administrator to identify a funding source. (Approved by Finance Committee July 12, 2016) Background:See attached letter. Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 7/19/2016 2:00 PM Augusta Canal Embankment Repair and Water Line Improvements Adjacent to Butt Bridge Department:Utilities Department:Utilities Caption:Motion to approve award of Bid #16-127 for the Construction of Augusta Canal Embankment Repair and Water Line Improvements adjacent to Butt Bridge to Blair Construction, Inc. (Approved by Engineering Services Committee July 12, 2016) Background:This Project will repair the canal embankment adjacent to Butt Bridge to stabilize the embankment slope and was originally bid to include a separate waterline replacement that is currently attached to Butt Bridge. After bidding it was determined AUD would be allowed to leave said waterline on bridge hence project is only for the canal embankment repair adjacent to Butt Bridge. Analysis:Augusta Utilities Department has reviewed the bid submitted by Blair Construction, Inc. and the recommendation letter from Cranston Engineering Group, P.C. for the project. The bid for construction services was deemed to be fair and reasonable by Augusta Utilities Department. Blair has also stated their willingness to provide services for the embankment repair alone per their submitted bid. Financial Impact:We have reviewed the bid from Blair Construction, Inc. and find it to be reasonable. Funding for the embankment repair in the amount of $290,516.67 is available from accounts: 514043410- 5425110 / 81600040-5425110 Alternatives:No alternatives are recommended. Recommendation:Augusta Utilities Department recommends the Commission approve the Construction Services to Blair Construction, Inc. in the amount of $290,516.67 for the Augusta Canal Embankment Repair and Water Line Improvements Adjacent to Butt Bridge. Cover Memo Funds are Available in the Following Accounts: Funds are available in the following accounts: 514043410- 5425110 / 81600040-5425110 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo R 0 I A UTILITIES DEPARTMENT June 8, 2016 Mr. William Mutimer Blair Construction P.O. Box 770 Evans, GA 30809 Tom Wfedmeler, P.E. Deanna Davis, P.E. Di reel or Assistant Director Re: Bid 16-127, Augusta Canal Embankment and Water Line Improvement Adjacent to Butt Bridge Update to Project Scope Dear Mr. Mutimer: This letter serves as record of our phone conversation of May 19, 2016 regarding the Augusta Canal Embankment and Water Line Improvement Adjacent to Butt Bridge Project. As you are aware the depar1ment would like to adjust the overall scope oft he project as it was bid on January 28, 2016. hem A, entitled Embankment Repair, is still to take place per the plans and project specifications. Due to changes in the Butt Bridge Rehabilitation Project by others this department will no longer be pursuing work efforts under Item B; Utilities Improvements. Please provide confirmation to this department that Blair Construction is still willing to honor the pricing and desires lo participate in the construction of Item A only, by Wednesday, June 15, 2016. Acknowledgment response found below can be faxed to 706-312-4133. D Blair Construction ACCEPTS these changes as proposed. Blair Construction DECLINES these changes as proposed. yjce '----:j:>>Y",, /k.,,-'f- Signature of Blair Representative Title of Blair Representative Englnffrlng Division 360 Bay Street, Suite 180 · Augusle, GA 30901 (706) 312-4132 -Fax (706) 312-4133 WWW.AUGUSTAGA.GOV UTILITIES DEPARTMENT Tom Wff'dmeler, P.E. Deanna Davis, P.E. DirtXtor Assis1ant Director The City of Augusta appreciates the working relationship we have with Blair Construction and looks forward to our continued successes. Respectfully, AUGUSTA UTILITIES DEPARTMENT .--.---' ' 1--...-P.W~ Tom Wiedmeier, P.E. Director AUGUSTA PROCUREMENT DEPARTMENT M~~~ Geri Sams ,</<-<.) Director cc: Ms. Deanna Davis, P.E .. Asst. Ojrttlor of Engineering Englnterlng Division 360 Bay Stree1, Suilc 180-Augusia, GA 30901 (706) 312-4132 -Fax (706) 312-4133 WWW.AUGUSTAGA.GOV • BID TABULATION 2012·0374 AUGUSTA CANAL EMBANKMENT REPAIR AND WATER LINE IMPROVEMENTS NEAR BUTT BRIDGE ITEM NO. DESCBI PTIOI!. OLJANJITY. IJN!I A EMBANKMENT RF.PAIR I. DemoJilion, Clearing and Grubbing Lump Sum 2. Excavalion & Removal of Exisfing Embankment {2. JJl C. Y. Estimated} Lump Sum 3. Earth Fill, C-Ompactcd In Place (2,952 C. Y. l;stimatcd) Lump Sum 4. Temporary Access Lump Sum S. Concrete Sidewalk 883 S.Y. 6. Grass ~fatting Blanket, Including Grass Seed 1,367 S.Y. 7. Grassing Lump Sum 8. Construc1ion Exits 2 B.A. 9. Silt Fence, Type C, fnstaJJcd and Removed After Con.1.1ruction 2,330 L.F. JO •Lump Sum Construction Lun1pSum EMBANKM£NT REPAIR TOTAL BLAIR CONSTRUCTION, INC. UNIT PRICE TOTAJ,COST $14,380.00 $14,380.00 $76.661.64 $76.661.64 $81,447.52 $81,447.52 $9,112.SO $9,112.SO $62.07 $54,807.81 $7.89 SI0.785.63 $1,579.50 $1,579.50 Sl,944.00 $3,888.00 S5.46 $12,721.80 $25,132.27 $25,132.27 $290,516.67 •NOTE: LUMP SUM CONSTRUCTION INCLllDES Al,L ITEMS NOT HAVING AN INDIVIDUAL BID ITEM, INCLUDING, BUI NOT LIMIJ[O TO, MOBILIZATION, PEDESTRIAN TRAFFIC CONTROL, CONSTRUCTION LAYOUT, AND PROPERTY RESTORATION. B. UTILITIES IMfROYEMENIS UNIT PRICE TOTAL COST \\'.2A Water Main, 12 Inch RJDIP ISO U'. $116.20 $17,430.00 \V--4 Miscellaneous Pipe Fitlfngs 2,645 LBS $3.85 $10,)83.25 \V~S fire Hydranl, Complete with VaJves, Fittings and Connector Pipe I E.A. SS,694,70 $5,694.70 W-7A Gale Valve, 12 l11<h 2 E.A. W-14A 2 Jnch Shon Side WatcrScrvh:c for Testing Purposes 2 E.A. W-16 Tie to Existing Waler Main 2 E.A. W-2 I I 2 Inch WlPll Dlrecllonal Drill 405 L.F. LS·J ••Lump Sum Conslructlon Lump Sum UTILITIES TOTAL GRAND TOTAL $2,549.07 $5,098.14 $2,013.86 $4,027.'12 $4,222.12 $8,444.24 $113.32 $45,894.60 $7,722.54 $1,722.S4 5104,495.19 $395,011.86 " NOTE: LUMP SUM CONSTRUCTION INCLUDES ALL ITEMS NOT HAVING AN INDIVIDUAL BID ITEM, INCLUDING, BUT NOT LIMITED TO DEMOLITION, CLEARING AND GRUBBING, EROSION CONTROL MEASURES, FENCE REMOVAL AND REPLACEMENT, TEMPORARY AND PERMANENT GRASSING, MOBILIZATION, PEDESTRL\N TRAFFIC CONTROL, CONSTRUCTION LAYOUT, AND PROPERTY RESTORATION. • Invitation to Bid Sealed bids will be received at this office on Tuesday, January 26, 2016 @ 3:00 p.m. for furnishing: Bid Item #16-127 Augusta Canal Embankment Repair and Water line Improvements Adjacent to Butt Bridge – Augusta 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 535 Telfair Street - Room 605 Augusta, Georgia 30901 706-821-2422 Bid documents may be examined at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. Plans and specifications for the project shall be obtained by all prime, subcontractors and suppliers exclusively from Augusta Blue Print. The fees for the plans and specifications which are non-refundable is $40.00. It is the wish of the Owner that all businesses are given the opportunity to submit on this project. To facilitate this policy the Owner is providing the opportunity to view plans online (www.augustablue.com) at no charge through Augusta Blue Print (706 722-6488) beginning Thursday, December 17, 2015. 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, January 8, 2016, @ 10:00 a.m. in the Procurement Department, 535 Telfair Street, Room 605. A mandatory site visit will follow. All questions must be submitted in writing by fax to 706-821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Tuesday, January 12, 2016 @ 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 December 17, 24, 31, 2015 January 7, 2016 Metro Courier December 23, 2015 Revised: 1/12/2015 Bid Item #16-127 Augusta Canal Embankment Repair and Water line Improvements Adjacent to Butt Bridge for Augusta, Georgia - Utilities Department Bid Due: Thursday, January 28, 2016 @ 11:00 a.m. Vendors Blair Construction P. O. Box 770 Evans, GA 30809 Attachment B Yes E-Verify #224004 SAVE Form Yes Bid Bond Yes Bid Price $395,011.86 Total Number Specifications Mailed Out: 43 Total Number Specifications Download (Demandstar): Total Electronic Notifications (Demandstar): Mandatory Pre-Bid Conference: 8 Total packages submitted: 1 Total Noncompliant: 0 Page 1 of 1 Commission Meeting Agenda 7/19/2016 2:00 PM Augusta Corporate Park Utility Extension. Department:Utilities Department:Utilities Caption:Motion to approve proposal from Cranston Engineering Group, P.C. to provide engineering services to design the Augusta Corporate Park Utility Extension. (Approved by Engineering Services Committee July 12, 2016) Background:Augusta Corporate Park infrastructure is being expanded for industrial development, such as the planned EdenCrete facilities. As part of the expansion, the Utilities Department will construct new water and sanitary sewer mains. Cranston Engineering prepared the grant application and Preliminary Engineering Report analysis of the proposed water and sanitary sewer utilities. Cranston Engineering is also designing the roadway for the Augusta Economic Development Authority. Analysis:Based upon their project knowledge and qualifications as preapproved consultants under RFQ #13-124, Engineering Consultant Services for Utilities, the Utilities Department recommends Cranston Engineering design the water and sewer utilities for the Augusta Corporate Park as detailed in their proposal. Financial Impact:Cranston Engineering submitted a proposal fee in the amount of $83,459.00. Funds are available from the following account: 514043490-5212115 / 81600030-5212115. Alternatives:No alternatives are recommended. Recommendation:We recommend approval for Cranston Engineering to perform engineering services to design the Augusta Corporate Park Utility Extension for the proposed fee of $83,459.00. Funds are Available Cover Memo in the Following Accounts: Funds are Available in the Following Accounts: 514043490- 5212115 / 81600030-5212115. REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Augusta Corporate Park Vicinity Map Augusta Information Technology - GIS Division, Augusta, GAAugusta GA GIS June 14, 2016 0241mi 03.571.75 km 1:126,720 to-date, Augusta does not certify the authenticity or accuracy of such information. No warranties, express or implied, are provided for the records and/or mapping data herein, or for their use or interpretation by the User. ˒ Augusta Corporate Park Bush Field FA C S I M I L E 7 0 6 - 7 2 2 - 8 3 7 9 EN G I N E E R S - P L A N N E R S - S U R V E Y O R S 45 2 E L L I S S T R E E T , A U G U S T A , G E O R G I A 3 0 9 0 1 Cr a n s t o n E n g i n e e r i n g G r o u p , P . C . ma i l @ c r a n s t o n e n g i n e e r i n g . c o m TE L E P H ONE 7 0 6 - 7 2 2 - 1 5 8 8 POS T O F F I C E B O X 2 5 4 6 , A U G U S T A , G E O R G I A 3 0 9 0 3 PRELIMINARYNOT FOR CONSTRUCTION 02 Augus t a C o r p o r a t e P a r k - U t i l i t y Ext e n s i o n Pro jec t O v e r v i e w A n d S u m m a r y Horseshoe RdHorseshoeRd SR 5 6 / M i k e P a d g e t H i g h w a y y wa ig h e P a d g e t H Mi k 6/ M SR P r o p o s e d V a l e n c i a W a y E x t e n s i o n Existing Valencia Waya Commission Meeting Agenda 7/19/2016 2:00 PM CSX General Crossing Agreement for Augusta, Georgia Department:Utilities Department:Utilities Caption:Motion to approve the CSX General Crossing Agreement for Augusta, Georgia. (Approved by Engineering Services Committee July 12, 2016) Background:Each of Augusta's departments presently contracts separately, with CSX Transportation, for railroad crossings. The result of this is varying fees and sometimes yearly payments, in addition to the fees. A general railroad agreement has been negotiated, with CSX, which will cover all departments. Analysis:This agreement will set a schedule of one time fees, for wireline/pipeline perpendicular crossings, that will be standard for all departments. These prices are guaranteed, for five years from the date of agreement, after which they will be reviewed yearly. Entering into this agreement will alleviate having to pay yearly fees, on any new permits, as well as having to negotiate an oft time higher fee. Financial Impact:N/A Alternatives:Disapprove the CSX General Crossing Agreement for Augusta, Georgia, and continue to negotiate permits, on a per department basis. Recommendation:Approve the CSX General Crossing Agreement for Augusta, Georgia. Funds are Available in the Following Accounts: N/A Cover Memo REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Agreement No.: CSX- Page: 1 GENERAL CROSSING AGREEMENT (Wireline/Pipeline) This Agreement made as of , by and between CSX TRANSPORTATION, INC., a Virginia corporation (hereinafter sometimes called "Licensor"), whose mailing address is 500 Water Street, J180, Jacksonville, Florida 32202 and AUGUSTA, GEORGIA, a political subdivision established uner the laws of the State of Georgia, whose mailing address is 535 Telfair Street, Augusta, Georgia 30901, (hereinafter called "Licensee"), WITNESSETH: WHEREAS, Licensee desires the future right to construct, maintain and operate additional crossings over, under and/or across the Rail Corridor of Licensor; and WHEREAS, for the protection of the property and rights of both, the parties hereto agree to enter into this Agreement with respect to all such additional crossing. NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein contained, it is agreed as follows: 1. LICENSE GRANT 1.1 Licensor, insofar as it has the legal right, power and authority to do so; its present title permits, and subject to: (a) the limitations in Article 4 hereof; (b) all existing encumbrances, conditions, covenants, easements and limitations applicable to Licensor's title to or property rights in its Rail Corridor; and (c) compliance by Licensee with terms and conditions hereinafter contained; does hereby GRANT to Licensee the permission, rights and license to utilize Licensor’s Rail Corridor as herein described. 2. USE 2.1 Subject to the Licensor’s right to continue to occupy, possess and use the area of the Crossing, as hereinafter defined, for any and all purposes, the Crossing shall be used by Licensee for the purpose of traversing the Licensor Rail Corridor, for constructing, maintaining, repairing, operating, altering and removing Licensee’s Facilities, as hereinafter defined. 2.2 Licensee shall not use, or permit use of, any Crossing, by or for any other Licensee or transmission (cable or pipe), or other party or entity, except with separate prior written consent of Licensor. 3. DEFINITIONS 3.1 The term "Licensee" herein shall mean Augusta, Georgia, any successors, assigns and subsidiaries, and shall also include Licensee's agents, employees, servants, sublicensee and invitees. 3.2 The term "Licensor" herein shall mean CSX TRANSPORTATION, INC., a Virginia corporation, and any parent company(ies), subsidiary(ies), or operating lessee and any other company(ies) whose property at any specific Crossing location may be leased to or operated by Licensor or its subsidiary or affiliated corporations. 3.3 The term “casing pipe” shall mean the outermost pipe, typically steel, installed to protect pipes, conduits, innerducts, wires and/or cables. 3.4 The term “conduit” shall mean pipe within the casing pipe, installed to hold present or future innerduct, wires and/or cables. 3.5 The term “innerduct” or “duct” herein shall mean the innermost pipe installed to hold present or future wires or cables. 3.6 The term "Crossing" herein shall mean for the following: (a) For communications, the transmission of television multiband impulse and internet services, via an optical waveguide through a solid core of glass or plastic fiber material, each individual pipe or cable ancillary facilities; and (b) which traverse in, on or through the Rail Corridor of, and under or over the tracks of Licensor, including dedicated public road rights-of-way, but excluding such "Crossing" which are part of existing or additional longitudinal or parallel occupations of such Rail Corridor. 3.7 The terms "maintain,” “repair,” “renew,” and “alter” shall mean exchanging existing materials for like materials and shall not include increasing capacity, or size of cable or wire or pipe. 3.8 The term "Rail Corridor" herein shall mean Licensor's operated rail corridor at a specific location, the width of which may vary from location to location, but never exceeding a total width of two hundred feet (200'), measured perpendicular to or at an angle transverse (35° to 145°, left or right) to the plane of Licensor's rail at the point of actual Crossing of the centerline of Licensor's track. 3.9 The term "track" herein shall mean the space between the rails and space not less than four feet outside each rail. 3.10 The term "Facilities" herein shall mean with respect to the Licensor, the track, rails, ties, ballast, signal and communication lines and structures, fiber optic cable, powerlines, drainage ditches, and other items used or useful in operation of a surface Licensor; and, with respect to the Licensee, if electrical, all conduits, manholes, handholes, ducts, connectors, poles, guys, cables, wires, optical fiber, anchors, appliances; if pipeline, all pipes, ducts, casings vents, manholes, connectors, fixtures, appliances; or any other transmission or supporting fixture, structure or ancillary facility devoted exclusively to the transmission usage of each Crossing. 3.11 The terms "satisfactory" or "satisfaction" herein shall mean written approval, by Licensor, based upon a reasonable application of established engineering and/or safety standards of Licensor's industry. 3.12 The term “Public Crossing” shall mean any crossing by Licensee within the boundaries of public streets, highways, and/or roads, as designated by the State, County or City where Licensee has the right to place its facilities. 3.13 The term “Private Crossing” shall mean any location not covered by Public Crossing. 3.14 The term “Condemned Crossing” shall mean interest or rights acquired by Licensee through the exercise of rights or remedies available under law related to condemnation or eminent domain. 3.15 The term “Service Crossing” shall mean any Private Crossing by Licensee that is installed for the sole purpose of providing service to Licensor. 3.16 The term “Pipeline”, as used herein, shall include only the pipes, casing, vents, manholes, connectors, fixtures, appliances and ancillary facilities devoted exclusively to the transmission usage as described in this Agreement within the Crossing. 3.17 The term “Contractor” shall mean Licensee’s agent, contractor, developer, and/or designees performing any of the work related the Crossing as provided in this Agreement. Prior to any work described in this Agreement is performed by Contractor, Licensee shall require Contractor to execute the and deliver to Licensor the Contractor Acceptance Form, attached to and made part of this Agreement as Schedule I, to acknowledge Contractor’s agreement to observe and abide by terms and conditions of this Agreement 4. SCOPE 4.1 This Agreement is intended to cover: (A) Existing crossings; (1) Without agreement The parties agree that Licensee may add any Existing Crossings that are not currently covered by an agreement under this Agreement for a period of 90 days after the effective date of this Agreement. Any Existing Crossing discovered after the said period will be treated as an Additional Crossing and governed by Section 4.1(B). (B) New or Additional Crossings: (1) Private Crossings (a) Licensee shall adhere to the fees as set forth in Exhibit “A”. (2) Public Crossings (a) Licensee shall adhere to the fees as set forth in Exhibit “A”. (3) Service Crossings (a) Licensee shall adhere to the fees as set forth in Exhibit “A”. 4.2 This Agreement is not intended to cover, and does not cover (a) Attachments by Licensee of any Licensee Facilities whatsoever to any bridge (including supports) or other Licensor structure; (b) The occupation of Licensor's Rail Corridor by towers, generators, repeaters, appliances or any other type of fixtures, supporting structure or ancillary facilities, unless expressly approved by Licensor; (c) Longitudinal or parallel occupations by Licensee (within 35° either direction to the plane of rail) of Rail Corridor ; (d) Crossing over Rail Corridor owned jointly by Licensor and other nonaffiliated Licensor company(ies); or (e) Crossings over Licensor's yards, shops or terminals (unless otherwise agreed in writing). (f) Crossings that would be restricted by pre-existing agreement. (g) Condemned Crossings. (h) Use of Rail Corridor for private access other than public crossings. 4.3 All occupations or crossing enumerated in Sections 4.2(a) through (h) shall be covered by separate agreement, setting forth the terms and provisions covering the same and the compensation to be paid therefore. 5. FEES 5.1 Licensee shall pay a review fee to Licensor, for each request to construct, maintain, relocate, repair, renew, alter, change and/or removal for each Crossing, (the “Review Fee”) as set forth on the Fee Schedule attached hereto as Exhibit “A”. 5.2 Licensee shall pay Licensor for each Crossing established hereafter, a one-time lump sum payment (the “License Fee”) as set forth on Exhibit A. 5.3 The Fee shall be tendered to Licensor at the time the Application for each Crossing is made. If such Application is approved, Licensor shall retain the Fee as consideration for the Crossing. If such Application is not approved, the Fee, less Licensor's the Review Fee, shall be returned to Licensee with notice of rejection. 5.4 There will be no charge for a Crossing constructed at a specific location for the sole purpose of rendering service to Licensor. 5.5 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 Crossing and appurtenances, and/or maintenance thereof, or for any public works project of which said Crossing is a part. 6. NEW OR ADDITIONAL CROSSING 6.1 Should Licensee desire to construct any Crossing, Licensee shall make application to Licensor in writing, using the then current application form found on www.CSX.com (“Application”) accompanied by drawings showing plan view, elevations, cross sections, detail drawings and specifications as well as any other details of proposed new construction in accordance with the guidelines in the application package. 6.2. Licensor reserves the right to accept or reject any Application from the Licensee, in its sole and absolute discretion. 6.3 Licensor shall note any objection to the Application or request for modification to plans and specifications. Modifications to plans or responses to Licensor objections shall be completed by Licensee and resubmitted for approval to Licensor within fifteen (15) days after Licensee's receipt of notice, objection, request, or modification. 6.4 Approval by Licensor shall be made by execution of a supplemental letter (the supplemental letter with approved plans attached shall collectively be referred to herein as the “Supplemental Letter”). Upon return of the Supplemental Letter to Licensee, the Agreement, thereafter, shall be modified to add the Crossing. The Supplemental Letter shall be considered as being attached to and made a part of this Agreement. 7. CONSTRUCTION NOTICE 7.1 Licensee recognizes that because of Licensor’s labor and employment agreements: (a) the furnishing of any watchers or flaggers needs to be requested at least thirty (30) days for short term flaggers or forty-five (45) days for long term flaggers prior to actual work date, or such watchers/flaggers may not be available; (b) once a watcher/flagger is designated, he/she cannot be pulled from the job less than seven (7) days prior to work date, or cost thereof may be incurred by Licensee; (c) once assigned, for any period of time, such watcher/flagger must be paid for at least an eight (8) hour shift, regardless of lesser hours worked; and (d) if Licensee’s needs overlap ordinary shift turns (or “tricks”), Licensee may incur flagging costs for both shifts/tricks. After Licensee’s receipt of approval from Licensor for construction, maintenance, relocation, repair, renewal, alterations, change and/or removal of any Crossing, Licensee shall give notice to Licensor by completing and submitting Licensor’s Outside Party Number Request Form (Form # OP) by facsimile, to facsimile numbers: (904) 245-3692 and (904) 633-3450. Licensee may also scan and email a completed form to email address: OP_Request@csx.com. A blank form is attached and labeled as Exhibit “C”. Additional instructions and information can be obtained from Licensor's web site, via web link: https://www.csx.com/index.cfm/customers/value-added-services/property-real- estate/permitting-utility-installations-and-rights-of-entry/#scheduling in accordance with the above in advance of actual commencement of any work involving Licensor's Rail Corridor. 7.2 Notwithstanding the foregoing, in any emergency situation affecting Licensor’s operations or public health and safety, Licensee shall give telephonic notice by calling 1-800-232-0144 in advance of any work and provide written notice of the emergency within seven (7) days thereafter. The parties hereto shall cooperate to avoid any unnecessary delay in the performance of such work. 7.3 Prior to construction pursuant to or related to this Agreement, by Licensee or any agent, representative or contractor of Licensee, Licensee shall give at least seven (7) days written notice, and furnish a copy of construction plans (with elevation, details and method of construction), to any parallel or longitudinal occupier of Licensor's Rail Corridor ("Occupiers") noted in Licensor's response to Licensee's Application. Any changes, alteration, relocation or protection of wire, cable of such Occupier, necessitated by Licensee's installation or required by said Occupier, shall be performed at Licensee's expense and as negotiated between Licensee and said Occupier. 7.4 Prior to any construction, Licensee must locate and identify any existing encumbrances or Licensee lines, traversing or located in, on or immediately adjacent to the proposed Crossing, at Licensee's sole risk, and shall comply with any State "One Call" or "Call Before You Dig" requirements. 7.5 Licensee shall be solely responsible and liable for any damage to the owner of any encumbrances or Licensee lines and appurtenances thereto, resulting in any way from Licensee's exercise of rights or privileges under this Agreement. Licensee shall defend, indemnify and hold Licensor harmless from any such damage claims and any relocation or protection costs of said encumbrances or Licensee lines. 8. CONSTRUCTION SPECIFICATIONS 8.1 Licensee shall construct, repair, renew, alter, change and thereafter maintain and/or remove any Crossing at Licensee's sole cost and expense, at a time and in a manner satisfactory to Licensor, and in accordance with the design, plans, drawings and specifications approved by Licensor. All work shall be conducted in a prudent, workmanlike manner and in conformity with any applicable statutes, orders, rules, or regulations and specifications of any governmental or regulatory authority having jurisdiction over the Crossing. Notwithstanding the above, unless otherwise approved by Licensor, all design and construction shall meet or exceed Licensor’s design and construction specifications. 8.2 In the installation and/or maintenance of any Crossing, Licensee shall not use explosives of any type or perform or cause any blasting without the separate express written consent of Licensor. In the event such consent is granted, a representative will be assigned by Licensor to monitor blasting, and Licensee shall pay Licensor for the entire cost and/or expense of furnishing said monitor. 8.3 Any Crossing repairs or maintenance, 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 receipt by Licensee of notice as to the need for such repairs or maintenance. 8.4 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 Crossing, 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. 8.5 Wires carrying five hundred (500) volts or more of electric current over any telephone, telegraph, signal or transmission wires of Licensor, shall be erected and maintained, at least six (6) feet over and above wires of Licensor. Suitable protective devices shall be so placed to catch and support said transmission wires to prevent said transmission wires from falling across Licensor's wires or tracks. Such protective devices and the necessary supports therefor shall be erected and maintained at the sole expense of Licensee. 8.6 Any Crossing shall be constructed, maintained and operated in accordance with provisions of the current National Electrical Safety Code (NESC) and/or The American Railway Engineering and Maintenance of Way Association (AREMA), as the case may be and as amended from time to time and which are incorporated herein by reference. Notwithstanding the above, unless otherwise approved by Licensor, all design and construction shall meet or exceed Licensor’s design and construction specifications. 8.7 Neither the failure of Licensor to object to any work done, any material used, or method of construction or maintenance of a Crossing, 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. 8.8 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 maintain or make repairs to after discovery of defect, or from improper or incomplete repairs or maintenance of Licensee's Facilities. 8.9 All work on the Crossing shall be conducted in accordance with Licensor’s safety rules and regulations. 9. CONSTRUCTION OR USE PERMITS 9.1 Before any work is performed on any Crossing, or before use by Licensee of a Crossing for the contracted purpose, Licensee, shall obtain any necessary permit, license or approval (including zoning, health, building, construction, safety or environmental matters) from all federal, state or local public authorities having jurisdiction over the construction of any Crossing or its intended use. 9.2 Licensee expressly agrees and warrants that it shall conform and limit its activities to the terms of such permit, license and approval, and shall comply with all applicable ordinances, laws, rules, regulations and requirements of any governmental authority (State, Federal or Local) having jurisdiction over Licensee's operation of the pipe, wire, cable and fixtures installed and operated hereunder (including the location, contact, excavation and protection regulations of the Occupational Safety and Health Act (OSHA) (29 CFR 1926.651(b)). 9.3 Licensee shall defend, protect and hold Licensor harmless from any failure by Licensee to obtain permit, license, or approval under Section 9.2, for any violation by Licensee thereof, for costs or expenses of compliance therewith, and for any failure by Licensee to comply with such ordinances, laws, rules, regulations or requirements. 10. CONTRACTOR 10.1 In the event Licensee contracts for construction, relocation, repair, renewal, alteration, maintenance, or removal of a Crossing, Licensee shall require its Contractor to comply with all terms of this Agreement. 11. TRACK SUPPORT 11.1 During performance of any subsurface work at any Crossing, Licensee shall support the track and roadbed of Licensor in a manner satisfactory to Licensor. Unless otherwise approved by Licensor, all such construction shall be by jack-and-bore method and encased in steel. 11.2 Licensee shall backfill with material satisfactory to Licensor and thoroughly tamp all trenches to prevent settling of land surface and roadbed of Licensor, and shall either remove any surplus earth or material from Licensor's property or cause such surplus earth or material to be placed and distributed at locations and in such manner as Licensor may direct. 11.3 Upon completion of construction (or removal), Licensee shall leave Licensor's property in a condition satisfactory to Licensor. 11.4 Licensee shall remain responsible for any settlement of the track or roadbed at the utility Crossing location for a period of three (3) years subsequent to completion of installation of any Crossing. 12. FLAGGING 12.1 During construction, maintenance, relocation, repair, renewal, alteration, change or removal of any Crossing, if Licensor deems it advisable for protection of property or operations of Licensor or others on Rail Corridor, Licensor shall have the right to place watchmen, flagmen, inspectors, or supervisors, in accordance with Article 7.1, at the sole cost and expense of Licensee. 13. ROAD CROSSINGS 13.1 Nothing herein contained shall be construed to permit Licensee or Licensee's contractor to move any vehicles or equipment over track of Licensor except at a public road crossing without prior separate written consent of Licensor. 14. TAXES 14.1 Licensee shall promptly pay and discharge any state or local taxes, assessments and other governmental charges levied or assessed upon (a) Licensee's Facilities within any Crossing, or (b) The Rail Corridor of Licensor solely because of the existence of Licensee's Facilities thereon. 15. FACILITY CHANGES, RELOCATIONS AND COSTS 15.1 If Licensor is required by any governmental agency to make any change, relocation or improvement in Licensor Facility(ies) or Rail Corridor over or under a Crossing, or if Licensor desires to make any changes whatsoever in or to its Rail Corridor or Licensor Facilities affected by a Crossing, in order to maintain rail service (or provide new rail service) within the corridor, then in either event Licensee, at its expense, shall make such changes in the location or construction of such Crossing necessary to accommodate work or Licensor Facilities. Licensee’s work shall commence within thirty (30) days of notice from Licensor and in accordance with plans satisfactory to Licensor. 15.2 If Licensee desires to alter, relocate or change in any manner all or any part of any Crossing after initial installation, or if Licensee is required by governmental action to relocate, change, alter or remove Crossing after initial installation, plans therefor shall be submitted to Licensor for approval before any such alteration, relocation, change or removal is made. Upon approval of said plans, all other terms and conditions of this Agreement shall apply thereto. 15.3 No further payment, other than that assessed under Articles 5, 7, 12, 16 and 20 hereof shall be required for a Crossing altered, renewed, relocated or changed herein, provided that: (a) the location of such relocated Crossing remains on substantially the original crossing centerline; and (b) the diameter of any new pipeline or the capacity of any new cable or wireline remains within the capacity range originally permitted. 15.4 Licensor may require Licensee to make temporary changes or relocations in Licensee's Facilities, at Licensee's cost, to meet emergency situations, including derailment, environmental release or spill, landslide, flood, track washout, etc., upon notice to Licensee of necessity for such temporary changes. 16. LICENSOR COSTS 16.1 Licensor's costs and expenses for any work performed at the expense of Licensee pursuant to this Agreement shall be paid by Licensee within forty-five (45) days after receipt of bill therefore. Licensor, at its discretion, may require an advance deposit for estimated costs and expenses. 16.2 Licensor expenses shall include but not be limited to cost of Licensor labor and supervision (hereinafter "force account charges"), plus general additives, and the actual cost of materials and equipment purchased or rented (plus insurance, freight and handling). 16.3 Rental of Licensor equipment, if any, shall be in accordance with Licensor's applicable fixed rates. 16.4 Any additional or alternative costs or expenses incurred by Licensor to accommodate Licensee’s continued use of Licensor’s property as a result of Licensor’s Facility changes or Licensee’s Facilities changes shall also be paid by Licensee. 17. INTERFERENCE 17.1 Licensee shall operate or use such Crossing in accordance with all rules and regulations of Licensor and applicable governmental or regulatory authority so as not to interfere with or endanger, in the sole judgment of Licensor, any property, traffic, operation, maintenance, employees or patrons of Licensor or of others lawfully occupying or using Licensor's property at a Crossing location. 17.2 In the event Licensee provides and installs, either simultaneously with the installation of any Crossing or at a later date, electrically activated cathodic or other protective equipment for the Crossing, Licensee will submit plans and operating frequency, voltage, and current values of such protective system to Licensor for its approval prior to placing such system in service. Licensee will cooperate with Licensor in conducting such tests as Licensor may deem necessary, at Licensee’s cost, to determine if such protective system adversely affects any of Licensor's communication, signal, power, or other facilities. 17.3 If, in the judgment of Licensor, the existence, operation or maintenance of a Crossing shall at any time cause (a) interference (including, but not limited to, line sag or other physical interference; hindrance of street or highway crossing gates or signals; interference from electromagnetic or electrostatic induction or cathodic protection systems, or from groundfault, surge, stray or other currents) with Licensor's communication or signal wires or facilities, power lines, or electrical or electronic apparatus; or (b) interference with the operation, maintenance or use by Licensor of its Rail Corridor, tracks, structures, pole lines, signal or communication facilities or other property or any appurtenances thereto; then, in either event, upon receipt of written notice from Licensor of such interference, Licensee shall promptly make such changes in or relocation of its Crossing, at its sole risk, cost and expense, as may be required in the sole judgment of Licensor to eliminate all such interference. Upon Licensee's failure to remedy or make change, Licensor may do so, at Licensee's sole cost. 17.4 Without assuming any duty hereunder to inspect Licensee’s Facilities, Licensor hereby reserves the right to inspect same and to require Licensee to undertake necessary repairs, maintenance or adjustments to Licensee’s Facilities, which Licensee hereby agrees to make promptly, at Licensee’s sole cost and expense. 18. SIGNS 18.1 At its sole cost and expense, Licensee shall erect and thereafter routinely inspect and maintain signs showing ownership, location and, if applicable, depth of Crossing. 18.2 Licensee shall also provide and maintain on any electrical transmission poles or supports placed within Licensor Rail Corridor any warning or similar sign as may be required by applicable governmental authority. 19. RISK, LIABILITY AND INDEMNITY 19.1 Licensee hereby assumes, and shall at all times hereafter defend, indemnify, and save Licensor harmless from and against any and all liability, loss, claim, suit, damage, charge or expense (collectively “Losses”) on account of: (a) Death of or injury to any persons (including officers, agents, employees or invitees of Licensor or Licensee); or (b) Loss or destruction of any property (including claims for business or service interruptions and costs and expenses associated therewith, but excluding "Licensee's Property"); arising out of or resulting from or in any way connected with construction, maintenance, relocation, repair, renewal, alteration, change, operation or use of any Crossing, or any structures in connection therewith, or the removal of same from Rail Corridor of Licensor, or restoration of Rail Corridor of Licensor, except when caused solely by the willful misconduct or gross negligence of Licensor. 19.2 Notwithstanding Section 19.1 above, use of Licensor's Rail Corridor and Licensor's adjacent operations involve risks of loss and damage. Licensee hereby expressly assumes all risk of loss and damage to Licensee's Facilities resulting or arising from Licensor operations (including electrical field creation, electromagnetic induction, fire or derailment), regardless of any fault or negligence of Licensor. For purposes of this paragraph, the term "Licensee's Facilities" shall also include the contents of any Pipeline and all property of others situated or placed upon any Crossing or adjacent Licensor property by Licensee or by such third party at Licensee's request or for the sole benefit of Licensee. 19.3 Notwithstanding Section 19.1, and in furtherance of Section 28.2, Licensee assumes risk of challenge to Licensor title at any Crossing solely because of Licensee's occupation, and agrees that, in the event of any suit or claims by any third party claiming additional compensation for Licensee's occupation of any Crossing, Licensee will either (a) assume the defense of such suit (or file condemnation counterclaim) and pay such compensation claim, or (b) remove the subject Crossing within thirty (30) days of notice of such claim or suit. 20. INSURANCE 20.1 Licensee shall procure, and shall maintain during the continuance of this Agreement, at its sole cost and expense, a policy of Commercial General Liability (CGL) with Licensor, including assigns and operating lessees, as additional insured, covering liability at each Crossing assumed by Licensee under this Agreement, with a coverage limit of not less than THREE MILLION DOLLARS ($3,000,000) Combined Single Limit per occurrence for bodily injury liability and property damage liability. 20.2 If said CGL policy does 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 arrange for such coverage or loss report time shall be at Licensee's sole risk. 20.3 Prior to commencement of any work on or at any Crossing, Licensee shall furnish Property Services (J180) at 500 Water Street, Jacksonville, Florida 32202, a Certificate of Insurance as evidence of the CGL Insurance policy required in 20.1 above. This Certificate shall name Licensee as Named Insured and Licensor as Certificate Holder. The Certificate shall show policy numbers, limits of liability, and the insurance carrier. Under "Description of Operations," the Certificate shall state: Operation, maintenance, and use of Crossing covered by General Crossing Agreement (No. CSX-XXXXXX) between the Named Insured and CSX Transportation, Inc. dated *. 20.4 Additionally, for any period of construction (including Crossing repair, replacement or renewal) or demolition (including Crossing removal) within Licensor's Rail Corridor, Licensee shall procure a policy of Licensor Protective Liability (RPL) Insurance. Such RPL policy shall name Licensor as the insured, and shall provide coverage of $5,000,000 per occurrence, with an aggregate limit of $10,000,000 per policy year. If such construction or demolition is performed by Licensee's contractor, Licensee shall cause such RPL policy to be secured by contractor and furnished to Licensor as in Section 20.3 prior to commencement of any work on Rail Corridor. If offered by Licensor, in lieu of procuring such RPL policy or causing its contractor to secure same, Licensee may pay the then current Construction Risk Fee, as defined in Exhibit A. 20.5 Furnishing of insurance by Licensee shall not limit Licensee's liability under this Agreement, but shall be additional security therefor. 20.6 Licensor may at any time request evidence of insurance of Licensee to comply with this Article, and may require that Licensee purchase insurance deemed adequate by Licensor. Failure of Licensee to comply with Licensor's demand shall constitute a default hereunder. 20.7 Notwithstanding the provisions of Sections 20.1, Licensee may self-assume and/or self-insure in any amount liability arising under this Agreement (except for RPL coverage), provided: (a) Licensee shall furnish Officer's Certificate of such Insurance to Licensor; (b) Licensor accepts (approves) Licensee's program and self-insurance does not relieve Licensee from payment of Construction Risk Fee, if applicable. 20.8 The CGL and RPL coverage limits shall be subject to periodic review and adjustment by Licensor, at its sole discretion. 21. CONDEMNATION 21.1 Should Licensor's Rail Corridor at the location of any Crossing be condemned, appropriated or acquired by any public authority, then this Agreement shall terminate, but only as to the affected Crossing, as of the date when said Rail Corridor shall be taken or conveyed; provided that such condemnation does not expressly except or reserve the continued crossing rights of Licensee, and further provided that such condemnation is of a nature or estate that would preclude continuation of such Crossing. 21.2 No part of any condemnation damages or award shall belong to Licensee, except to the extent of any specific award for the Facility(ies) of Licensee. 21.3 Licensor agrees to provide for continuity of Crossing, as in Article 25, in any sale to condemning authority. 22. DURATION, RENEWAL AND/OR TERMINATION 22.1 Unless terminated for default as provided in Article 23, this Agreement shall continue for a term of five (5) years from the date hereof (the "Initial Term"). 22.2 Thereafter, this Agreement shall continue for successive periods of one (1) year each Renewal Term; provided that no default hereunder exists on the part of Licensee as of date of such renewal. 22.3 Either party may terminate this Agreement prior to any one (1) year Renewal Term by giving the other party written notice thereof at least thirty (30) days prior thereto; but such termination shall apply only to the right to make future placements hereunder. 22.4 However, except as provided in Article 23, the expiration or termination of the right of future placements under this Agreement shall not terminate the rights, privileges and duties of Licensee with respect to any Crossing constructed or existing prior to said termination. Such Crossing shall thereafter be maintained and operated, without additions, in accordance with and subject to all other terms, conditions and covenants of this Agreement, but as licenses revocable only in the event of Licensee's default, as provided in Article 23, but also terminating upon (a) Licensee's cessation of use of the wireline or Crossing for the purpose above, (b) removal of the wireline or Crossing; and/or (c) subsequent mutual consent. 22.5 Upon complete termination of this Agreement for cause, as in Article 23, Licensee, at its sole cost and expense, shall remove each Crossing then in existence and restore Rail Corridor of Licensor to condition satisfactory to Licensor, and furnish the Certificate of Termination Compliance (Exhibit "B" attached hereto) for each within thirty (30) days of such termination. Until such removal, all other provisions of this Agreement shall apply. 23. DEFAULT, BREACH, WAIVERS 23.1 The proper, timely and complete performance by Licensee of each term, covenant, clause or condition of this Agreement applicable to any Crossing subject to this Agreement shall be deemed of the essence thereof. In the event Licensee fails or refuses to fully and completely perform any of said terms, covenants or conditions or to remedy any breach after receiving notice to cure from Licensor to do so, as provided in Section 23.2, Licensor shall have the right to terminate the rights of Licensee as to any Crossing where such default occurred. 23.2 If failure or default in performance by Licensee is not deemed by Licensor to be a safety hazard or operating emergency, Licensee shall have thirty (30) days from the date of receipt of the Notice to from Licensor to correct such failure or default. However, if such failure or default is deemed by Licensor to be a safety hazard or operating emergency, Licensee shall immediately, but not later than seventy-two (72) hours after the receipt of such notice to cure, correct such failure or default, or, in the alternative, remove said Crossing, to the satisfaction of Licensor, all at Licensee's sole cost and expense. 23.3 If Licensee fails to correct such failure or default within the terms of said notice to cure, rights of Licensee under this Agreement as to the particular Crossing shall terminate. After such termination, Licensee shall make removal of such Crossing in accordance with Article 22 upon subsequent notice by Licensor. If Licensee fails to make such removal, Licensor may do so or contract to do so, at Licensee's sole cost and expense. 23.4 In the event of (a) multiple or repeated breaches or defaults by Licensee, (b) multiple or repeated failures to cure after notice, and/or (c) Licensee's failure to negotiate in good faith revisions to the Fee Schedule (Exhibit "A") for any Renewal Term; Licensor may terminate this Agreement in entirety by giving thirty (30) days notice to Licensee (regardless of any annual or other Fee having been paid in advance). In the event of total termination of this Agreement, Licensee shall remove any Crossing in accordance with Section 22.5, at Licensee's sole cost and expense. 23.5 No waiver by either party 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 breach is permanently waived in writing by said party. 23.6 Neither the failure of Licensor to object to any work done, material used, or method of construction, maintenance, relocation, repair, renewal, alteration, change or removal of any Crossing, nor any approval given or supervision exercised by Licensor, shall be construed as an admission of liability or acceptance of responsibility by Licensor or as a waiver by Licensor of any obligations, liability and/or responsibility of Licensee under this Agreement. 24. DISCONTINUANCE BY LICENSEE 24.1 If Licensee shall discontinue use of any Crossing covered hereunder, it shall notify Licensor in writing of such discontinuance, and shall promptly remove such Facility(ies) from Licensor's Rail Corridor, and restore Licensor's Rail Corridor to a condition satisfactory to Licensor, all at Licensee's cost and expense, and furnish a Certificate of Termination Compliance (hereto attached as Exhibit "B") therefore. Such discontinuance and/or removal of Facilities shall be done in accordance with industry standards and in accordance with Licensor’s specifications 24.2 Licensee may also abandon any underground Crossing in place, but only in such manner and upon terms satisfactory to Licensor. Such discontinuance and/or removal of Facilities shall be done in accordance with industry standards and in accordance with Licensor’s specifications 24.3 If Licensee fails to make such removal and/or restoration, Licensor may do or contract with licensed contractor to do such work at the expense of Licensee. 25. SALE OF LICENSOR RAIL CORRIDOR 25.1 In the event of sale or other conveyance by Licensor of all or a portion of its Rail Corridor, across, under or over, which Licensee has theretofore constructed any Crossing, Licensor's conveyance shall be made subject to the right of Licensee to continue to occupy the Crossing on the specific segment of Rail Corridor, and to operate, maintain, repair, renew thereon and to remove therefrom all Facilities of Licensee, subject to all other terms of this Agreement. 25.2 In the event that Licensor Rail Corridor over or under any Crossing is conveyed to any party under Section 25.1, in whole or in part, Licensor reserves the right to assign, in whole or partially, its rights and duties under this Agreement, but only as to such specific Crossing, to such Grantee. 26. ASSIGNMENT AND/OR LIMITATIONS 26.1 Licensee shall have the right to assign this Agreement, insofar as it pertains to a Crossing, to any wholly-owned subsidiary or to any successor corporation which acquires all or substantially all of Licensee's capital stock, property and/or business, by merger, acquisition or conveyance. 26.2 Except as otherwise provided in Section 26.1, this Agreement shall not be assigned by Licensee to any person, firm or corporation without the prior written consent of Licensor. Licensor’s consent shall not be unreasonably withheld. 26.3 However, no individual Crossing may be sold, assigned or leased, and no rights to use any Crossing may be subleased, licensed or permitted, in whole or part, by Licensee, for any reason, without the prior written consent of Licensor. Licensor’s consent shall not be unreasonably withheld. 26.4 After an approved assignment, this Agreement shall inure to the benefit of and be binding upon the respective successors and assigns of the parties hereto. 26.5 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 Crossing. 27. FORMER AGREEMENTS 27.1 This Article shall have no effect on any existing longitudinal occupancy agreements, leases, or easements. 28. TITLE 28.1 Licensee shall not at any time own or claim any right, title or interest in or to Licensor's property occupied by Licensee's Facilities, 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. 28.2 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 Crossing is located otherwise permits Licensor to make such grants to Licensee, as “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 or control. Licensor does not warrant or guaranty that the license granted hereunder provides Licensee with all right 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 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. 28.3 Licensee understands that Licensor occupies, uses and possesses lands, Rail Corridor and rail corridors under all forms of qualities and 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 Rail Corridor or Crossing 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 or Crossing, 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. 28.4 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 selected Rail Corridor in the event of failure or insufficiency of Licensor’s title to any portion thereof arising from Licensee’s use of occupancy thereof. 28.5 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 Licensee’s Facilities or any Crossings, or the presence of Licensee’s Facilities in, on or along any Crossing, including claims for punitive or special damages. 29. LIENS AND/OR ENCUMBRANCES 29.1 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 Licensee's Facilities in or on any portion of the Crossing (collectively "Liens or Encumbrances"), to be established or remain against the Crossing or any portion thereof. 29.2 In the event that any Licensor property becomes subject to such Liens or Encumbrances as described in Article 21.1, Licensee agrees to pay, discharge or remove the same promptly upon Licensee's receipt of notice that such Lien or Encumbrances has been filed or docketed against Licensor property, however, Licensee reserves the right to challenge, at its sole expense, the validity and/or enforceability of any such Liens or Encumbrances. 30. RECORDATION 30.1 This Agreement is not intended for recordation, and is specifically PROHIBITED FROM RECORDATION by any party hereto, or by any other party. Recordation hereof shall constitute a nullity and shall not be notice to anyone of its contents or intent, and shall further constitute a breach hereof. 31. NOTICE 31.1 Any notice to be given or served upon any party hereto in connection with this Agreement must be in writing, and shall be given by certified or registered mail, or by nationally recognized overnight courier service, with the exception of construction notice, which shall be provided as outlined in Article 7, and shall be deemed to have been given and received upon actual receipt or refusal of delivery. Such notices shall be given to the parties hereto at the following address: If to Licensee: Augusta, Georgia W/copy to: Augusta, Georgia Administrator’s Office Attn: Law Department 535 Telfair St., Suite 910 535 Telfair St, Bldg 3000 Augusta, GA 30901 Augusta, GA 30901 Fax: (706) 821-2819 Fax: (706) 842-5556 If to Licensor: CSX Transportation, Inc. Attn: CSX Real Property, Inc. 500 Water Street, J180 Jacksonville, FL 32202 Fax: (904) 359-3665 W/ copy to: CSX Transportation, Inc. Attn: Law Department 500 Water Street, J180 Jacksonville, FL 32202 Fax: (904) 359-7518 32. GENERAL PROVISIONS 32.1 This Agreement contains the entire understanding between the parties hereto, and cannot be changed, altered, amended or modified, except by written instrument subsequently executed by the parties hereto. 32.2 This Agreement is executed under current interpretation of applicable Federal, State, County, Municipal or other local statutes, ordinances or laws. However, each separate division (paragraph, clause, item, term, condition, covenant article or agreement) hereof shall have independent and severable status from each other such separate division for the determination of legality, so that if any division is to be void, voidable, or unenforceable for any reason, such determination shall have no effect upon the validity or enforceability of each other division or any combination thereof. 32.3 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. 32.4 Neither this Agreement, nor any provisions hereof or included herein by reference, shall operate or be constructed as being for the benefit of any other Licensee or cable or pipe transmission company, or any third person. 32.5 Licensor and Licensee agree to use reasonable efforts to maintain the confidentiality of this Agreement. Licensee may disclose this Agreement to Licensee’s attorneys, accountants, regulatory authorities, affiliates, and permitted successors and assigns, and in response to subpoena and other judicial action or as dictated by Georgia Open Records Act. This Agreement shall be marked “Confidential”. If Licensee violates the requirements of this Section 32.5, Licensor shall have the right to terminate this Agreement immediately upon written notice to Licensee. Termination of this Agreement shall apply only to Licensee’s right to any future Crossing under this Agreement, and shall not apply to an existing Crossing approved by Licensor prior to the effective date of termination, with respect to which this Agreement shall continue to apply in all respects. 32.6 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 18% per annum, unless limited by local law, and then at the highest rate so permitted. 32.7 Licensee agrees to reimburse Licensor for all actual costs incurred by Licensor for collecting any fees due under the Agreement. 32.8 The Licensee represents it has condemned or acquired sufficient rights for its use on both sides of the centerline of track from the underlying property owners at each Crossing location. 32.9 This Agreement and all questions of interpretation, construction and enforcement hereof and all controversies arising hereunder, shall be governed under the laws of the State of Georgia. 32.10 This Agreement shall be binding upon the successors and assigns of Licensee and of Licensor (but only if Licensor's successors or assigns run or operate a Licensor in, over or through the Rail Corridor). 32.11 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 U.S. Dollars ($100.00). [ Signatures on the following page ] IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate, each of which shall constitute an original, the day and year first above written. WITNESS: CSX TRANSPORTATION, INC. _______________________________ By: _____________________________ Print/Type Name: _______ __ Print/Type Title: __ WITNESS: AUGUSTA, GEORGIA __________________________________ By: __ Print/Type Name: __ Print/Type Title: __ EXHIBIT A Fee Schedule – All fees listed are one-time payments unless otherwise noted. A.1. a Private Crossing Fees Wire/Cable/Fiber Crossing Fee: i. Overhead Each Cable $ 4,000 b Pipe Crossing Fees: i. Subgrade Each Pipe up twelve (12) inches in diameter $ 4,000 Each Pipe from thirteen (13) to twenty-four (24) inches in diameter Each Pipe from twenty-five (25) inches or more in diameter $ 6,000 Negotiated c. Public Crossing Fees: Overhead Wire $ 500 Subgrade Wire $ 500 Subgrade Pipe $ 500 d. Service Crossing Fees: $ 0 A.2 Ancillary Support Facilities/Occupations: i. Each pole $ 2,000 ii. Tower $ 4,000 iii. Each guy, anchor, brace and/or stubpole (excluding marker poles) $ 2,000 iv. Each guy wire crossing Licensor property, but not anchored thereon $ 2,000 v. Each manhole/handhole $ 4,000 A.3 Fee Adjustments: On the fifth anniversary of this Agreement and every year thereafter so long as this Agreement remains in effect, the Fees identified in A.1 and A.2 shall be adjusted by the same percentage of increase as reflected in the "Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) (1982- 84=100) specified for All Items - United States compiled by the Bureau of Labor Statistics of the United States Department of Labor" ("CPI"). In no event, however, shall the adjusted fee(s) be less than the previous year's Fees. The fee(s) shall be increased in accordance with the following: Current Price Index* --------------------------- X fee(s) = Adjusted fee(s) Base Price Index** * Effective CPI in the fourth month prior to the fifth anniversary date of the Agreement. ** Effective CPI at the time of the effective date of the Agreement. Upon change, said fees shall apply only to additional crossings applied for after the effective date of such change. A.4 Construction Risk Fee (if applicable): To cover Licensor operations exposure during construction or demolition operations within fifty (50) feet of any Licensor Rail Corridor or operating property and/or construction or demolition affecting any Licensor bridge or trestle, tracks, roadbeds, tunnel, underpass, or crossing in lieu of securing separate equivalent RPL policy for each new construction, if provided by Licensor Premium per Project Per Occurrence Then current Construction Risk Fee in place at time of project A.5 Review Fee: The review fee will be the then current review fee in place at the time of submission of application, plus any review fee charged by any operating lessee. The review fee applies as follows: i. All Crossings under A.1, except for Crossings identified in A.1.d. ii. All occupations under A.2 EXHIBIT "B" CERTIFICATE OF TERMINATION COMPLIANCE WIRELINE/PIPELINE STATE OF ) ) SS. COUNTY OF ) WHEREAS, under date of ______________, CSX Transportation, Inc. ("Licensor") entered into a General Crossing Agreement with Augusta, Georgia, as "Licensee" ("the Agreement"), to use Licensor property located at or near Licensor Milepost _____________, in the City of _____________, County of ________________, State of _______, for the purpose of placement of Licensee’s Facilities. WHEREAS, use of said Crossing has been terminated; NOW, this certification is given by Licensee, by Licensee's agent or representative under oath, that: the Crossing has been removed from Licensor property; any remaining casing pipe has been fully grouted and sealed; all poles, guy wires, anchors, etc., have been removed from Licensor property; and Licensor property has been restored to its condition prior to the Crossing placement. Licensee further agrees to defend, indemnify and hold Licensor harmless from any and all loss, damage or injury arising from or occasioned by any casing pipe left on Licensor property, including any failure of subjacent or lateral support arising from pipe failure or collapse, for a period of five (5) years from the date of this Certificate. WITNESS: Augusta, Georgia ____________________________ By: Print Name: Print Title: Sworn to and subscribed before me this the day of_________________, 20______ ______________________________________ Notary Public My commission expires: Commission Meeting Agenda 7/19/2016 2:00 PM Downtown Signal and Streetlight Improvements – CO#1 Department:Engineering Department:Engineering Caption:Motion to approve Capital Project Budget 324-041110- 201824110 and Change Order One in the amount of $88,393.25 for R.J. Haynie and Associates for the Downtown Signal and Streetlight Improvements project as requested by AED/TE. (Approved by Engineering Services Committee July 12, 2016) Background:This project was a continuation of SPLOST IV funds for upgrading the traffic signals and streetlights in the Downtown Central Business District. It extended the streetlight upgrades along Broad Street from 5th Street to 4th Street and replaced the traffic signals along both Walton Way and Telfair Street. The additional cost was accumulated due to several unforeseen factors including: an overrun on concrete materials due to additional ADA compliance issues, modifications to several steel signal poles, fiber optic system/component changes, Georgia Power company service point modifications and delays in construction due to environmental issues at intersection of Walton Way/8thStreet. Analysis:AED has evaluated the proposal from R.J. Haynie & Associates, Change Order One, and this request will continue to move the project toward completion. Financial Impact:Funds are available in account number 328-041110- 5414610/212828104-5414610 upon Commission approval. Alternatives:1) Approve Capital Project Budget 324-041110-201824110 and Change Order One in the amount of $88,393.25 for R.J Haynie and Associates, for the Downtown Signal and Streetlight Improvements project for the AED. 2. Do not approve. Recommendation:Approve alternative one.Cover Memo Funds are Available in the Following Accounts: 328-041110-5414610/212828104-5414610 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Change Order Number: One Date: 5.17.2016 Project Title Downtown Signal and Streetlight Improvements project Original Contract Date: 11/5/2013 Project Number: 324-041110-201824110 Owner: Augusta-Richmond County P.O. Number: P231451 Contractor: R.J. Haynie & Associates The following change order is hereby made to the proposal for the above project: See Attached TOTAL AMOUNT OF THIS CHANGE ORDER $ 88,393.25 Original Contract Amount $2,179,866.00 Previous Change Order (Increased / Decreased) $0.00 This Change Order (Increased / Decreased) $ 88,393.25 TOTAL CONTRACT WITH CHANGE ORDER(S) $2,268,259.25 * * * * * * * * * * * * * Funding Source/Account Number: 328-041110-5414610/212828104-5414610 Requested By: Date: Engineer Submitted By: Date: Department Head Recommended By: Date: Mayor Accepted By: Date: Contractor Copies: Project Files Finance Department Augusta-Richmond County, Georgia BE IT ORDAINED by the Commission-Council of Augusta-Richmond County, Georgia that the following Capital Project Budget is hereby adopted: Section 1: The project is authorized to CPB# 324-041110-201824110 Change Order One to R J Haynie and Associates in the amount of $88,393.25 on the Downtown Signal and Streetlight Improvements project. This change will include the upgrades for ADA and accommodate pedestrian movement changes. Funding will come from Walton Way Signal Phase VI Contingency Account. Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. Special 1% Sales Tax, Phase IV 300,000$ Special 1% Sales Tax, Phase IV 2,023,000$ Downtown Traffic Signal A Phase IV 1,001,665$ Downtown Traffic Signal B Phase IV 1,100,000$ Walton Way Phase VI 78,500$ Walton Way Phase VI 88,400$ 4,591,565$ 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 _________________________________________________ Original-Commission Council Office Copy-Engineering Department Copy-Finance Department Copy-Procurement Department CPB# 324-041110-201824110 CAPITAL PROJECT BUDGET DOWNTOWN TRAFFIC SIGNAL & STREET LIGHT UPGRADE (A) Hardie Davis, Jr, Mayor CHANGE NUMBER EIGHT Please do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission for execution. For information reference this request, contact Engineering at ext 5070. Thanks 1 of 2 5.17.2016 Augusta-Richmond County, Georgia CPB# 324-041110-201824110 CAPITAL PROJECT BUDGET DOWNTOWN TRAFFIC SIGNAL & STREET LIGHT UPGRADE (A) CHANGE NUMBER EIGHT CPB AMOUNT CPB NEW SOURCE OF FUNDS CPB CHANGE CPB SPECIAL 1% SALES TAX, PHASE IV 324-04-1110-6011110-201824110 ($3,324,665)($3,324,665) SPECIAL 1% SALES TAX, PHASE IV 324-04-1110-6011110-201824115 ($1,100,000)($1,100,000) WALTON WAY SIGNAL SPLOST VI ($78,500) ($88,400) ($166,900) 328-041110-212828104 TOTAL SOURCES:($4,503,165) ($88,400) ($4,591,565) USE OF FUNDS ENGINEERING 324-04-1110-5212115-201824110 $2,323,265 $2,323,265 CONSTRUCTION $2,179,900 $88,400 $2,268,300 324-041110-5414610-201824110 TOTAL USES: $4,503,165 $88,400 $4,591,565 2 of 2 5.17.2016 Commission Meeting Agenda 7/19/2016 2:00 PM Establishment of Discharge Gage on the Savannah River @ 5th Street Bridge or nearby Area - Joint Funding Agreement Department:Engineering Department:Engineering Caption:Motion to approve entering into a Funding Agreement with the United States Department of Interior US Geological Survey (USGS) for Establishing and Operating a Discharge Gage on the Savannah River at a location in Vicinity of Augusta Downtown as requested by AED. (Approved by Engineering Services Committee July 12, 2016) Background:Currently, there is only one active discharge gage in Augusta area that monitors continuous flow in Savannah. The gage is located below downtown area near New Lock and Dam and listed as AUGG1 Savannah River Below Augusta (Butler Creek). USGS maintain this gage and post live data online (see attachment for example Stage Flow Chart). Historically, Augusta area had two discharge gages; second one was at 5th Street Bridge. At time in the past, this gage was taken out of the system (reason unknown). Discharge gage provide critical data for Augusta area to support flood management, flood fight and emergency management planning & readiness. Analysis:Entering into the Funding Agreement with USGS will allow for re-establishment of discharge gage in vicinity of Augusta Downtown area. Present forecast indicates that it is likely Augusta area may experience increase in high discharge frequency in the river. Improvement in Flood Management emergency plan can be made using data generated at this gage. In addition, data generated at this gage station along with Butler Creek is critical for watershed management and to develop local flood maps associated to Savannah River flow stages. Financial Impact:USGS is waiving installation cost. Annual operation cost is $24,250. Annual operation cost will be supported through Stormwater Service Program. Cover Memo Alternatives:1). Motion to approve entering into a Funding Agreement with the United States Department of Interior US Geological Survey (USGS) for Establishing and Operating a Discharge Gage on the Savannah River at a location in Vicinity of Augusta Downtown as requested by AED. 2). Do not approve. Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: Stormwater Service Program Funds 581-04-4320/5212115 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 7/19/2016 2:00 PM Motion to Abandon Spellman Street and Goss Lane Department:Law Department:Law Caption:Motion to determine that Spellman Street and Goss Lane, as shown on the attached plat has ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the best public interest, and to receive as information the results of the public hearing pursuant to O.C.G.A. §32-7-2, with the abandoned property to be quit-claimed to the appropriate party(ies), as provided by law and an easement to be retained over the entire abandoned portion for existing or future utilities as directed by Augusta Engineering, Utilities and Law Departments and right of way property needs. (Approved by Engineering Services Committee July 12, 2016) Background:The Board of Regents of The University System of Georgia has requested the abandonment of Spellman Street and Goss Lane and supports the closure of the intersection of Spellman Road and R.A. Dent Boulevard and Wrightsboro Road. The abandonment request has been reviewed by all essential county departments and administrators and approvals were received to this abandonment request. Pursuant to O.C.G.A. § 32-7-2, a public hearing was held on September 17, 2015 for this matter. The legal description and plat of Spellman Street and Goss Lane are attached. Analysis:In addition to the information provided in the above Background section, results of the public hearing will be presented to the Commission. Notice to the property owners located thereon was made, pursuant to O.C.G.A. §32-7-2(b) (1). Financial Impact:Cost of publication and advertisement of public hearing. Alternatives:Approve or deny request to determine that Spellman Street and Goss Lane be abandoned.Cover Memo Recommendation:Approve determination and request for abandonment of Spellman Street and Goss Lane, with the abandoned property to be quit- claimed to the appropriate party(ies) as allowed by law, and an easement(s) as directed by the Augusta Engineering, Utilities and Law Departments to be retained over a partial or the entire abandoned portion for existing or future utilities and drainage and right of way property needs and adopt the attached Resolution. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 7/19/2016 2:00 PM Stormwater Removal from Sanitary Sewer CIP Bond Projects Department:Augusta Utilities Department Department:Augusta Utilities Department Caption:Motion to approve award for Professional Services for 2014 CIP Bond Project Stormwater Removal from Sanitary Sewer System Projects to Goodwyn Mills & Cawood, Inc. (GMC) in an amount not to exceed $268,355.00 in two phases. (Approved by Engineering Services Committee July 12, 2016) Background:On November 18,2014, the Augusta-Richmond County Commission approved the proposed assignments of several 2014 CIP Bond Project s to numerous engineering firms; GMC (formerly Stevenson & Palmer) was approved for this project. This project, required under our Consent Order with Georgia EPD, will design corrections of deficiencies in the sewer separation efforts identified in our earlier audit of the former combined sewer basins. Analysis:AUD recommends the Commission award a contract to GMC in the amount of $268,355.00 for the Stormwater Removal from Sanitary Sewer Projects. The project will improve the sanitary sewer system within the project areas. AUD has reviewed the proposal submitted by GMC to provide Professional Services for the project evaluation and design services for the project. The Professional Fees for this project is not to exceed $81,085.00 for the study phase and not to exceed $172,000.00 for the design phase and total not to exceed $$268,355.00. Financial Impact:Funds are provided 514043490-5212999/81600070-5212999 Alternatives:No alternatives are recommended. Recommendation: Augusta Utilities Department recommends the Commission approve the Professional Services proposal to GMC in the amount of $268,355.00 for the Stormwater Removal from Sanitary Sewer Cover Memo Projects. Funds are Available in the Following Accounts: Funds are available in the following accounts: 514043490- 5212999/81600070-5212999 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 7/19/2016 2:00 PM Walmart Neighborhood Market Deed of Dedication and Maintenance Agreement Department:Utilities Department:Utilities Caption:Motion to approve a Deed of Dedication and Maintenance Agreement with Bright-Meyers Windsor Springs, LLC, for the Walmart Neighborhood Market. (Approved by Engineering Services Committee July 12, 2016) Background:The Walmart Neighborhood Market was constructed at Windsor Spring Road and Tobacco Road. Bright-Meyers and Walmart request to dedicate the water and sanitary sewer, to Augusta. Analysis:The new water and sanitary sewer pipelines have been inspected, passed all testing, and are ready to accepted into the public systems. Financial Impact:N/A Alternatives:Disapprove the Deed of Dedication and Maintenance Agreement with Bright-Meyers Windsor Springs, LLC, for the Walmart Neighborhood Market. Recommendation:Approve the Deed of Dedication and Maintenance Agreement with Bright-Meyers Windsor Springs, LLC, for the Walmart Neighborhood Market. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Cover Memo Procurement. Law. Administrator. Clerk of Commission Cover Memo STATE OF GEORGIA COUNTY OF RICHMOND DEED OF DEDICATION WALMART NEIGHBORHOOD MARKET Includes Parcel ldentificationNumbers l4l-4-006-00-0, 141-4-007-00-0, 141-4-008-0C-Ct, l4l-4-009-00-0, 141-4-010-00-0, and l4l-4-01 1-00-0, [Water Distribution System and Gravity Sanitary Sewer System - Private Streets] WHEREAS, Bright-Meyers Windsor Springs, LLC, a Tennessee limited lir:bltity company, hereinafter known as "DEVELOPER", owns several tracts of land, above refert:nr:ed, in Augusta-Richmond County, Georgia, and in the building of the Walmart Neighborhood Market, has laid out a water distribution system and gravity sanitary sewerage system, in saic. development; and WHEREAS, it is the desire of DEVELOPER, to deed the water distributio r system and the gravity sanitary sewer to AUGUSTA, GEORGIA, (hereinafter known as "AUGUSTA"), u political subdivision acting by and through the Augusta-Richmond County Commission for maintenance and control; and WHEREAS, a plat was prepared by Survey Matters, LLC, for Neighborhoc,l Market #2465-00, dated December 28, 2015, entitled "Water Utilities and Sanitary Sewer Easement Plat", said plat being attached hereto as Exhibit "A" and to which reference is he :e ry made for a more complete and accurate description as to the land herein described. Said syr;t,::ms are further described in Exhibit rrB" arld Exhibit "C"; and WHER"EAS, AUGUSTA, by and through the Augusta-Richmond County Commission, has consented and agreed to accept and maintain said water distribution systeln and gravity sanitary sewerage system; and WHEREAS, DEVELOPER has agreed that neither AUGUSTA, nor any ol'i:s departments, shall maintain individual force mains, lift stations and/or grinder pumps and thal said individual force mains, lift stations and/or grinder pumps shall remain private; Page I of4 NOW, THEREFORE, this indenture made this day of between DEVELOPER and AUGUSTA, WITNESSETH: That DEVELOPER, for and in consideration of the sum of Ten and rro,'100 ($10.00) Dollars, to it in hand well and truly paid by AUGUSTA, at and before the sealing and delivery of these presents, the receipt of which is hereby acknowledged and for the irrther consideration of thi benefits to its property by the maintenance of said water distribution liyi;tem and gravity sanitary sewerage system, by AUGUSTA, has and does by these presents, g.'ant, bargain, sell and confirm unto AUGUSTA, its successors and assigns, the following, to-w't: Exclusive 20-foot easement(s) in perpetuity over the water distribution system and the gravity sanitary sewerage system, with a 30-foot combined water and sanitary sewer easement running along the northern property boundaries of 14l-4-007-00-0, l4l-4- 009-00-0 and 14l-4-010-00-0, as shown on aforementioned plat and further described in Exhibits 'B" and 'C". Together with all of the necessary rights of ingress and egress for the purpose of maintaining, expanding, repairing, adding, constructing, installing, extending, operating, replacing, laying and relaying pipelines carrying and transporting Augusta's utilities services; along with the further right to stritch communication lines, or other lines, for the use of AUGUSTA, its assigns, representatives, agents, and designees, upon or under said land, within said easement, with the necessary cables, wires, apparatus, fixtures and appliances; and with the right to assign this easement in whole or in part; and DEVELOPER does further agree that when construction or maintena.rr:e is necessary, AUGUSTA may dig such trenches in said property, as may be necessary lbl'the project; io pile and store thereon the material excavated, and to haul and store pipe, supplier, and iquipmenttonnected with the construction and maintenance thereof, over, along, and acrlrs; the said-property, along with the free right of ingress and egress to and from said pen:ri:nent easements for these purposes. DEVELOPER also grants AUGUSTA the right, but not the duty, to cle l' and keep clear, all trees, undergrowth and other obstructions from said permanent easement, i:long witn tfre right of free ingresi and egress to and from said permanent easement for this purpolie. DEVELOPER further agrees that no trees or other vegetation that may ir,tt:rfere with the constructing, laying, relaying, replacing, installing, adding, expanding, ext(:n'ling, operating, repairing a-nd mainiaining of pipeiin"s tiansporting and carrying utility service's shall bi planied on saia easement(s) and that no buildings, structures, or other pen'liment Page2 of 4 ,2016 improvements shall be erected, constructed, or maintained thereon; and, if such prohibiteti tr:ees, vegetation, buildings structures, or other permanent structures (hereinafter referred tr: as "obstructions") are placed, built, planted within said permanent easements, such action rvill be considered a violation of this agreement and Augusta shall have the absolute ril3ht to immediately remove, or have removed, such obstructions and shall bear no responsibi..it\,, or liability, for said obstruction's value. TO HAVE AND TO HOLD said water distribution system and gravity sa:ritrry sewerage system, together with all and singular, the rights, members, appurtenances thereo:i to the same being, belonging, or in anywise appertaining to the only proper use, benefit and br:h,rof of AUGUSTA, its successors and assigns forever. AND DEVELOPER, its heirs, legal representatives, successors and assigru;, r;dll warrant and defend the right and title to the above described property, to AUGUSTA, its successors and assigns, against all claims of all persons whosoever. IN WITNESS WHEREOF, DEVELOPER has hereunto set its hand and trffixed its seal the day and year first above written. Signed, sealed and delivered in the presence of As lts: Chief Manager and Member State of County of Rrsyft^ My Commission Expiret, Aroqr^s* Z-3 ZDllO( (NOTARY SEAL) Page 3 of4 ACCEPTED BY: AUGUSTA, GEORGIA By: Hardie Davis, Jr. As its Mayor NOTARY PUBLIC State of County of My Commission Expires: (NOTARY SEAL) Attest: Clerk of Commission (sEAL) Page 4 of4 F;; FqE iF:a; Be= Ell l; Bi ids c;,t E iEE:iC :-E' {HEH i ,B: e2g t--\ 1 I l0il BurL.rRoad. Suil.J Ntildilr. South caroliM 1c661 nrcli.]surey{r.neN.otrr .t,/ ": 4i r !/ .: : iFrll'j! i. ;ii;li t: Si t5t )t- : !drp= ,rEif.ffiiY'r ns M e.&; c; i ": 81, iiiila I Exhibit A B"!\ 8: ->fr Brlr!ll1 l, i:lllt -8^r4 i *.,'l tt..{:{ :l/ ,l:rij 14,j u v5 I,I ti;, tl NI{ l',','' l E E 3t t I I 4 ! PI i =l:c:ec:i:l;i'cEiEBirst*Ei6iiila;!5E:; ii l:;llE5li!sl!i6i ;E;iiEiiigEi::EaEiigeiiE:E;. iE!aiE:: E i EE ; riirl,E E!;EEE;E;'l; E:;E:E ' E:?E:56E E; ii;ixsiie i E;E;;;E; : is: ' !iq{rI -FCr"Ii" I I Llls sEi EIE t-B6_i I EEilEr. L ?33i":" l-BEl : l'6i'- i.i' -.^,-4",". , /*,.',i;1] ?; ffi' -" qkr.ta?--ia' r;lc" iF€:E;. : i **il' ;.iEF iEilr! fl;$IBI6 8\P iEi3 , z t :1 7 ".1 iE I9E:?c I:€:ileH: i B: !i:"EE Ea >nx :- _ B E ]E .'. -\ PREPARII) l oR \f, Iiil lBoRllmD \lAIiKlrl'24rr5!0 PR()P[:t fY Ol ERlctrf Nll:Ylllts wlNDsoR sPltlNos, Ll ( ilisir iro!i.:rijl)il. iialri l6jli d 3699 wl\DSoR SPHINL ROAI)IllL[],\DISIBITiS rrll ot ]\tq sT,\.Rl(llNl()NDa.{ NIY (;!oR(;ll W ]\ fLR I]]'ILI I IIS AND SANJ I AIIY SLS LR LASLMLNI' PL I EXHIBIT B WATER UTILITY EASEMENT AREA & COMBINED WATER/SEWER EASEMENT: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN MILITIA DIS TRICT 86, CITY OF AUGUSTA, RICHMOND COLINTY, GEORGIA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN IRON PIN ON THE MITER FORMING THE INTERSECTII)N OF THE NORTHERLY MARGIN OF THE RIGHT-OF-WAY OF TOBACCO ROAD (13C FOOT wrDTH PUBLIC RIGHT-OF-WAY) AND THE WESTERLY MARGIN OF THE RIGI [T-OF- wAy oF TALBOT DRrVE (40 FOOT PRTVATE RIGHT-OF-WAY AT THIS P f,INT), THENCE ALONG SAID RIGHT-OF-WAY NO9'14'54''E A DISTANCE OF 230.30 FE:ET TO A NAIL, THENCE CONTINUING ALONG SAID RIGHT-OF-WAY N80"31'5ZI''W A DTSTANCE OF 10.00 FEET TO AN IRON prN (50 FOOT PRIVATE RIGHT-OF-W,\Y AT THIS POINT), THENCE CONTINUING ALONG SAID RIGHT-OF-WAY N09ol4':i;5"8 A DISTANCE OF 8.7I FEET TO A POINT AND BEING THE POINT OF BEGINNIN(} (POB l); THENCE N09ol4'55"E A DISTANCE OF 20.00 FEET TO A POINT, Tl TENCE S81OO2'53''E A DISTANCE OF 276.97 FEET TO A POINT, THENCE NO8'57'(,7''E A DISTANCE OF 21.83 FEET TO A POINT, THENCE S8TOO2'53''E A DISTANCE OII 2O.()O FEET TO A POINT, THENCE SO8O57'07''W A DISTANCE OF 2T.83 FEET TO A I)OINT, THENCE S81"02'53''E A DISTANCE OF 60.76 FEET TO A POINT, THENCE N59"41 31''E A DISTANCE OF 270.40 FEET TO A POINT, THENCE N14'41'31''E A DISTANCE O 51.20 FEET TO A POINT, THENCE N07"48'29''W A DISTANCE OF 62.81 FEET TO A I'OINT, THENCE N27'50'42''E A DISTANCE OF 238.80 FEET TO A POINT, THENCE N63"21'I3''W A DISTANCE OF 23.39 FEET TO A POINT, THENCE N26"38'47''E A DISTANCE O F 2O.OO FEET TO A POINT, THENCE S63"21'13''E A DISTANCE OF 23.46 FEET TO A I'OINT, THENCE N24"30'22''E A DISTANCE OF 101.29 FEET TO A POINT, THENCE N65'5 5'51''W A DISTANCE OF 20.09 FEET TO A POINT, THENCE N24O32'26''E A DISTANCE OF 2O.OO FEET TO A POINT, THENCE S65O55'58''E A DISTANCE OF 20.07 FEET TO A ])OINT, THENCE N24"32'26''E A DISTANCE OF 9.77 FEET TO A POINT, THENCE N64'2I'27"E A DISTANCE OF 9.89 FEET TO A POINT, THENCE N75O53'32''W A DISTANCE OF 378.52 FEET TO A POINT, THENCE N5?"4I'22''E A DISTANCE OF 42.86 FEET TO A ])OINT, THENCE S75o53'32"E A DISTANCE OF 404.42 FEET TO A POINT, THENCE N08ol)3'06"E A DISTANCE OF 7.44FEET TO A POINT, THENCE 575"07'47''E A DISTANCE O? 20.14 FEET TO A POINT, THENCE SO8OO3'06''W A DISTANCE OF 7.17 FEET TO A ]OINT, THENCE S75O53'32''E A DISTANCE OF 184.81 FEET TO A POINT, THENCE 524"i',1'26"W A DISTANCE OF 30.49 FEET TO A POINT, THENCE N75'53'32''W A DISTANICE OF 224.73 FEET TO A POINT, THENCE 564"21'27"W A DISTANCE OF 26.68 FEE]' TO A POINT, THENCE 524"30'22''W A DISTANCE OF 130.30 FEET TO A POINT, TI{ENCE S27O5O'42''W A DISTANCE OF 22.28 FEET TO A POINT, THENCE S63O21']3''E A DISTANCE OF 42.95 FEET TO A POINT, THENCE 526o38'47"W A DISTANCE C'F 31.62 FEET TO A POINT, THENCE N63"21'13''W A DISTANCE OF 26.12 FEET TO A POINT, THENCE 527"52'Og''W A DISTANCE OF 90.38 FEET TO A POINT, THENCE S58O(]5'04''W A DISTANCE OF 34.66 FEET TO A POINT, THENCE S27O5O'42''W A DISTANCE CIF 73.19 FEET TO A POINT, THENCE 507"48'29''E A DISTANCE OF 44.61 FEET TO A POINT, THENCE N82'1 1'31''E A DISTANCE OF 35.63 FEET TO A POINT, THENCE SO7O48';I9''E A DISTANCE OF 2O.OO FEET TO A POINT, THENCE S82"I1'31''W A DISTANCE O]:,37.39 FEET TO A POINT, THENCE S14O41'31''W A DISTANCE OF 58.85 FEET TO A I:OINT, THENCE S59O4I'3I''W A DISTANCE OF 285.81 FEET TO A POINT, T}.ENCE N81OO2'53''W A DISTANCE OF 364.97 FEET TO THE POINT OF BEGINNINC AND CONTAINING 47,245 S.F. OR 1.085 ACRES MORE OR LESS' EXHIBIT C SANITARY SEWER EASEMENT AREA: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN MILITIA DIS TRICT 86, CITY OF AUGUSTA, RICHMOND COUNTY, GEORGIA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN IRON PIN ON THE MITER FORMING THE INTERSECTII)N OF THE NORTHERLY MARGIN OF THE RIGHT-OF-WAY OF TOBACCO ROAD (130 FOOT wrDTH puBl.rc RIGHT-OF-WAY) AND THE WESTERLY MARGIN OF THE RIGI IT-OF- wAy oF TALBOT DRIVE (40 FOOT PRIVATE RIGHT-OF-WAY AT THIS P,fINT), THENCE ALONG A TIE LINE N16"06'52''W FOR 298.30 FEET TO A POINT AND I}EING THE POINT OF BEGINNING (POB 2); THENCE N07"50'46"E A DISTANCE OF 20.0t:) FEET TO A POINT, THENCE S82OO9'I4''E A DISTANCE OF 232.94 FEET TO A POINT, TI TENCE S8OOI4'55''E A DISTANCE OF 207.98 FEET TO A POINT, THENCE N59'27':;7''E A DISTANCE OF 390.41FEET TO A POINT, THENCE N31'55'45''W A DISTANCE OIi 81.83 FEET TO A POINT, THENCE N3IO54'45''W A DISTANCE OF 230.46 FEET TO A ,I,OINT, THENCE N3I"53'29''W A DISTANCE OF 88.54 FEET TO A POINT, THENCE N3IO5 J'01''W A DISTANCE OF 121.04 FEET TO A POINT, THENCE N59"41'22''E A DISTAN]E OF 19.99 FEET TO A POINT, THENCE S3IO54'25''E A DISTANCE OF 42,38 FEET TO A POINT, THENCE N59'43'40''E A DISTANCE OF 103.18 FEET TO A POINT, TITENCE 575"53'32,'E A DISTANCE OF 28.60 FEET TO A POINT, THENCE S59O43'4I.)''W A DISTANCE OF 123.02 FEET TO A POINT, THENCE 531O55'01''E A DISTANCE O 58.09 FEET TO A POINT, THENCE S31"53'29''E A DISTANCE OF 81 .42FEET TO A I'O[NT, THENCE N59'4I'3I''E A DISTANCE OF 53.46 FEET TO A POINT, THENCE S3O'18 29''E A DISTANCE OF 2O.OO FEET TO A POINT, THENCE S59O4I'31''W A DISTANCE O 52.90 FEET TO A POINT, THENCE S3IO54'45''E A DISTANCE OF 21758 FEET TO A I)OINT, THENCE 531O55'46''E A DISTANCE OF 102,32 FEET TO A POINT, THENCE 359'2 7'57UW A DISTANCE OF 418.24 FEET TO A POINT, THENCE N8OO14'55''W A DISTAN CE OF 21498 FEET TO A POINT, THENCE N82'09'14''W A DISTANCE OF 232.61FEET 1'O THE POINT OF BEGINNING AND CONTAINING 30,933 S.F. OR 0.710 ACRES MO TE OR LESS. STATE OF GEORGIA COUNTY OF RICHMOND MAINTENANCE AGREEMENT WALMART NEIGHBORHOOD MARKET (Utility Water Distribution System and Gravity Sanitary Sewer System) THIS AGREEiIENT, entered into this day of 2016, by and beltv,a€n Bright- Meyers Windsor Springs, LLC, a Tennessee limited liability company, hereinafter refened to as the "DErt/ELOPER", and Augusta, Geoigiala political subdivision of the State of Georgia, hereinafter refened 1e 3s "ALl(i USTA": WITNESSETH WHEREAS, the DEVELOPER has requested that AUGUSTA accept the water distribution syslem and the gravity sanitary sewer system for a development known as Walmart Neighb_orhood lrtrarket, as showrt l:y a Deed of [edicltion, contemporaneouslytendered and recorded in the office of tfie Clerk of the SuperiorCourtr:f Richmond County, Georgia, with this document; and wHEREAS, AUGUSTA has adopted a policy requiring the DEVELOPER to maintain those inrsti:Lllations and systems laid or installed in the subdivision, which nUeUSfA does accept by Deed, for a period ol e Shteen (18) months; NOW, THEREFORE, in consideration of the premises, the expense previously incured bythe DIIVELOPER and the mutual agreement hereinafter set out, lT lS AGREED that: (1) AUGUSTA accepts the gravity sanitary sewer system and..water distribution s!'sle[ for the subOivision, respectively described in the Deed contemporaneously tendered herewith to the Augurit;;r-Richmond County Commission. (2) The DEVELOPER agrees to maintain allthe installations laid or installed in said dervr:rlopment as describid in said Deed for a period of eighteen (18) months from the date of this agreement. (3) The DEVELOPER agrees that, if during said eighteen (]8) month.period there is c firilure of the installations laid or installed in said development desciibed in the Deed due to failure or poor worllrtanship, the DEVELOPER shall be responsible for adequate maintenance and repair. (4) tn the event of such failure of the improvements, AUGUSTA shall notify the DEVEI'111:'5R and set forth in *riting the items in need of repair. The DEVEIOPER shall present, within fifteen (15) businersriidays of the date of saiO writing, its proposed plin of repair and shall have the repairs completed in a reasortarble time, as determined by AUGUSTA. (5) lf, in the event of an emergency, as determined by AUGUSTA, the DEVELOPER is unable to respond in a timely manner, AUGUSTA shall be authorized to erect barricades, traffic direction devi,:;rs and such othertemporary measures as are necessaryto remedytheemergency nature of the problem atthe DEII'ELOPER'S expense and atlow the DEVELOPER time to make the needed repairs. (6) ln the event the DEVELOPER fails to comply with the terms of this agreement, then AUtii USTA shall proceed to have the necessary corrective work done, and the DEVELOPER agrees to be responsible r: AUGUSTA for payment, in full, of the costs of repairing the improvements due to failure of material or poor worlr:manship as liquidated damages. lN WTNESS WHEREOF, the DEVELOPER has hereunto set its hand and seal and AUGUSTA has caused the execution of this agreement by and through its duly authorized officen: and agents, with its seal affixed, the day and year first above written. Signed, sealed and delivered in the presence of As lts: Chief Manager and Member State of 6earcio..d County ot 6r<y,th My Commission Expires: AtS.=.t 23, ZDll (NOTARY SEAL) AUGUSTA, GEORGIA WTNE NOTARY PUBLIC County, Georgb My Cornmiseinn Expires: (Notary Seal) Hardie Davis, Jr. As lts: Mayor Attest: By: Clerk of Commission (sEAL) Commission Meeting Agenda 7/19/2016 2:00 PM Wheeler Road from I-20 to Augusta West Parkway Improvement Project- Framework Project Agreement Department:Engineering Department:Engineering Caption:Motion to approve entering into a Project Framework Agreement with the Georgia Department of Transportation for the Wheeler Road from I-20 to Augusta West Parkway Improvements Project (PI #0012867) as requested by AED. (Approved by Engineering Services Committee July 12, 2016) Background:Wheeler Road is classified as an Urban Minor Arterial Street. It is a multi-lane corridor with 2 lanes in each direction separated by a concrete median with curb, gutter and longitudinal drainage systems. This section of Wheeler Road provides direct connectivity to Doctors Hospital, which, according to the 2008 Augusta-Richmond County Comprehensive Plan, is identified as a Regional Center Area. In addition to Doctors Hospital, the land use is predominantly professional offices with a mixture of businesses and restaurants. The subject project proposes to enhance the operational efficiency of Wheeler Road from the I-20 eastbound ramp to Augusta West Parkway. The purpose of this project is to add right turn lanes as needed, add another left turn lane at the intersection with Interstate Parkway, provide pedestrian facilities and upgrade traffic signals. The addition of these features should help alleviate the issues associated with 2013 Congestion Management Process study. Project funding includes federal funding. Georgia DOT requires that, for projects with federal aid funding, local governments enter into a Project Framework Agreement. Analysis:Entering into the Project Framework Agreement with Georgia DOT will allow for federal aid funding to move forward and provide funds necessary to enhance traffic efficiency at this corridor. Financial Impact:GDOT identified federal and state funding source to complete project. Cover Memo Alternatives:1). Approve entering into a Project Framework Agreement with the Georgia Department of Transportation for Wheeler Road from I-20 to Augusta West Parkway Improvements Project (PI #0012867) as requested by AED. 2). Do not approve. Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: GDOT Funds & Proposed Federal Funds REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo PLEASE DO NOT PROCESS THIS DOCUMENT. ONCE ITEM IS APPROVED BY COMMISSION AN ORIGINAL WILL BE FORWARDED FOR EXECUTION. Commission Meeting Agenda 7/19/2016 2:00 PM Willis Foreman Road Improvement Project- Framework Agreement Department:Engineering Department:Engineering Caption:Motion to approve entering into a Project Framework Agreement with the Georgia Department of Transportation for the Willis Foreman Road Improvements Project (Deans Bridge Road to Peach Orchard Road) (PI #0013703) as requested by AED. (Approved by Engineering Services Committee July 12, 2016) Background:Currently, Willis Foreman Road is a two-way rural connector with a total of two through lanes. The proposed project provides connectivity between two urban major arterials (US 1 and US 25). This area is characterized by a suburban pattern of development and borders the Fort Gordon Military Reservation. The project corridor has been the focus of new residential and commercial development in recent years. A number of single-family residential subdivisions have been developed on the Willis Foremen Road corridor in recent years. Additional single-family and multi-family residential development is anticipated in this part of the city. The subject project proposes to improve the capacity of Willis Foreman Road (CR1515) from Deans Bridge Road (SR4/US1) to Peach Orchard Road (SR121/US25). Improvements include widening to four lanes with landscaped medians and turn lanes as needed, a new bridge over Spirit Creek, upgrading and/or installing traffic signal systems at four intersections and adding curb and gutter, sidewalks and street lights. The project is listed in the Augusta Metropolitan Planning Organization’s (MPO’s) Tier 2 priority Long Range Transportation Plan (LRTP) to widen Willis Foreman Road between US1 (Deans Bridge RD) and US25 (Peach Orchard Rd). The Project is also listed in the MPO’s adopted FY2015-2018 Transportation Improvement Program with PE funding programmed in FY 2018 and the ROW and CST phases outside the adopted TIP fiscal years. Analysis:Entering into the Project Framework Agreement with Georgia DOT will allow for federal aid funding to move forward and provide funds necessary to initiate engineering studies and design Cover Memo at this corridor. Financial Impact:GDOT identified federal and state funding source to complete design phase of the project. Alternatives:1. Motion to approve entering into a Project Framework Agreement with the Georgia Department of Transportation for the Willis Foreman Road Improvements Project (from Deans Bridge Road to Peach Orchard Road) (PI #0013703) as requested by AED. 2. Do not approve. Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: Design Phase Funding (GDOT Funds & Proposed Federal Funds) REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 7/19/2016 2:00 PM Minutes Department: Department: Caption:Motion to approve the minutes of the regular meeting of the Commission held June 30, 2016 and Special Called Meeting held July 12, 2016). Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 7/19/2016 2:00 PM Regency Mall Property Department:Clerk of Commission Department:Clerk of Commission Caption:Provide an update on efforts made to obtain a potential developer for the Regency Mall property. Explain how other communities have been successful in the rehabilitation of these eyesores and why we appear to be deadlocked or devoid of any constructive ideas. The defunct Regency Mall has stymied the growth of a large portion of the Gordon Highway - Deans Bridge Corridor. Eminent Domain should be considered but utilized as a last resort. (Requested by Commissioner Lockett) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 7/19/2016 2:00 PM Zika Response Plan Department: Department: Caption:Provide an update on actions taken or anticipated to minimize the threat of the Zika Virus being transmitted in this community. The Zika Virus has been declared a global public health emergency by the World Health Organization and the Centers for Disease Control and Prevention. These organizations encourage state and local governments to diligently prepare to combat this virus and prevent outbreaks. Questions! Do we have adequate trained staff that understand the behavior and biology of mosquitoes? Are adequate resources made available? Do we have a Zika Response Plan? The CDC recommended on June 10, 2016 that Zika Action Plans be developed to guide response activities should a local transmission occur. (Requested by Commissioner Bill Lockett) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 7/19/2016 2:00 PM 2015 Audit Report Department:Finance Department:Finance Caption:Receive as information the results of the 2015 financial audit. Background:As part of the annual financial audit process, the results of the audit are presented to the commission by our audit firm - Mauldin & Jenkins Analysis: Financial Impact:none Alternatives: Recommendation:Receive as information Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 7/19/2016 2:00 PM Budget Transfer Department: Department: Caption:Direct the Administrator to transfer $1,000,000 from Contingency Fund to be utilized by Environmental and Engineering Departments to rid this city of blighted structures and over grown right of ways. (Requested by Commissioner Bill Lockett) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 7/19/2016 2:00 PM Milledgeville Road Improvements Department: Department: Caption:Status of prior request for Milledgeville Road improvements between Gordon Highway and North Leg Road. This section of the road is not ADA Compliant and over the past several years four young people were struck by automobiles, one fatally. An October 2014 Walkability Study highlighted many of the dangers Bayvale Elementary School Students face on a daily basis. Safety of our children should be a top priority. (Requested by Commissioner Bill Lockett) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Commission Meeting Agenda 7/19/2016 2:00 PM Affidavit Department: 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