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HomeMy WebLinkAbout2014-04-28-Meeting Agenda Engineering Services Committee Meeting Commission Chamber- 4/28/2014- 1:00 PM ENGINEERING SERVICES 1. Accept Memorandum of Understanding (MOU) and Contract Item Agreement (CIA) with Georgia Department of Transportation (GDOT) concerning the costs of relocating water and sanitary sewer mains on GDOT Project Windsor Spring Road Phase 4 (P.I. No. 250610) and on GDOT Project Windsor Spring Road Phase 5 (P.I. No. 245320). Attachments 2. Motion to authorize condemnation to acquire title of a portion of property for right-of-way, temporary construction easement and temporary driveway easement (Parcel 041-1-061-00-0) 1402 Marks Church Road. Attachments 3. Approve the projects to be funded by SPLOST VII as recommended by the Engineering Department. (Requested by Mayor Copenhaver) Attachments 4. Approve award to Southeastern Tank in the amount of $46,400.00 for Bid Item 14-128, Morgan Road Ground Water Storage Tank Installation of Water Storage Tank Mixer. Attachments 5. Authorize the three year renewal of an agreement between the Georgia EPD and Augusta for regulatory testing of drinking water at a cost of $32,500 per year for the period covering July 1, 2013 to June 30, 2016. Attachments 6. Motion to approve CSX613700 Railroad Crossing Agreement for the AUD#10153 Project - Gordon Highway 24" Water Main. Attachments 7. Report from Traffic Engineering staff regarding the three options available and the identification of a funding source concerning the resolution of the traffic safety issues on Highland Avenue. (Referred from the March 24, 2014 Attachments www.augustaga.gov Engineering Services Committee) 8. Motion to approve the minutes of the Engineering Services Committee held on March 24, 2014. Attachments 9. Motion to authorize condemnation to acquire title of a portion of property for right of way and temporary easement, (Parcel 061-1-163-00-0) 701 Albany Avenue. Attachments 10. Motion to authorize condemnation to acquire title of a portion of property in fee simple and permanent construction and maintenance easement (Parcel 209-0-047-00-0) 4646 Windsor Spring Road. Attachments 11. Motion to authorize condemnation to acquire title of a portion of property in fee simple, permanent construction and maintenance easement, and one temporary driveway easement (Parcel 193-0-096-01-0) 4608 Windsor Spring Road. Attachments 12. Approve $1,500,000 to continue the funding for the current On-Call Concrete Repair, Concrete Construction & Emergency Repair Contract with the Horizon Construction Company, Larry McCord LLC, and SITEC LLC. Funding is available in the Grading & Drainage, Suburban Forces, Resurfacing, and Sidewalks Cuts & Replacement accounts as requested by AED. Attachments 13. Presentation by Ms. Sheila C. Nelson regarding her dissatisfaction with garbage service at her residence. Attachments 14. Discuss tire/garbage contract. (Requested by Commissioner Marion Williams) Attachments Engineering Services Committee Meeting 4/28/2014 1:00 PM Accept MOU and CIA with GDOT for Windsor Spring Road Phase 4 project. Accept MOU and CIA with GDOT for Windsor Spring Road Phase 5 project. Department:Utilities Caption:Accept Memorandum of Understanding (MOU) and Contract Item Agreement (CIA) with Georgia Department of Transportation (GDOT) concerning the costs of relocating water and sanitary sewer mains on GDOT Project Windsor Spring Road Phase 4 (P.I. No. 250610) and on GDOT Project Windsor Spring Road Phase 5 (P.I. No. 245320). Background:Windsor Spring Road Phase 4 project is GDOT widening C.R. 65/Windsor Spring Road from Willis Foreman Road to Tobacco Road. Windsor Spring Road Phase 5 project is GDOT widening C.R. 65/Windsor Spring Road from S.R. 88 to Willis Foreman Road. Due to these improvements, the Augusta Utilities Department needs to relocate existing water and sewer lines that are in conflict with the proposed GDOT projects. The Augusta Utilities Department will be solely responsible for the cost of the relocations. As previously approved by the Commission, Jacobs Engineering Group has provided the Augusta Utilities Department design plans for the water and sewer relocation to be included in the GDOT projects. Phase 4 has a May 16, 2014 Let date. Phase 5 has a November 21, 2014 Let date. Analysis:Approving the MOU and CIA will allow GDOT and the Augusta Utilities Department to move forward with the relocation of the water and sewer mains in each GDOT project. Financial Impact:As stated in the CIA, the Phase 4 project non-binding pre-let estimate is $1,377,845.00. As stated in the CIA, the Phase 5 project non-binding pre-let estimate is $595,943.56. Alternatives:There are no alternatives recommended. Recommendation:The Augusta Utilities Department recommends the Commission agree to the MOU and CIA with GDOT for each of the two projects.Cover Memo Item # 1 Funds are Available in the Following Accounts: Funds are available in 512043410-5425110/80210208-5425110. REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 1 At t a c h m e n t n u m b e r 1 \ n P a g e 1 o f 1 It e m # 1 Page 1 of 3 Revised: February 2012 Georgia DOT Project: STP00-1105-00(004) & BHSLB-1105-00(005) County: Richmond GDOT P.I.: 245320 & 245325 MEMORANDUM OF UNDERSTANDING between the Georgia Department of Transportation (hereafter the DEPARTMENT) and Augusta/Richmond County(hereinafter called the OWNER) Whereas the DEPARTMENT proposes to undertake a project to CR 65/Windsor Springs Road from SR 88 to CR 1515/Willis Foreman Road & CR 65/Windsor Springs Road @ NS # 734145P in Hephzibah in Richmond County by contract through competitive bidding, and: Whereas the OWNER has the following utility facilities which will be within the project limits: Water and Sewer. Whereas the OWNER does not have adequate equipment and staff to adjust its facilities or for other reasons considers it advantageous to have this work included in the roadway contract to be let by the DEPARTMENT; and, now therefore: The following is hereby mutually agreed to and understood by both parties: 1. The preliminary engineering, including preparation of detailed plans and contract estimate for the required water items will be accomplished by the OWNER or OWNER’S Consultant, the cost of which will be the responsibility of the OWNER. The plans shall provide for adjustment, relocation, or new installation of the OWNER’S facilities in accordance with the OWNER’S customary practices, standards, and details subject to conformance with the DEPARTMENT’S standard pay items and procedures for including such items in the project contract. In cases of discrepancy, the governing descending order will be as follows: (1) Special Provisions, (2) Project Plans (prepared by OWNER’S Consultant) including Special Plan Details, (3) Supplemental Specifications, (4) Standard Plans including DEPARTMENT’S Standard Construction Details, (5) Standard Specifications. The OWNER’S standard details should be labeled as “Special Plan Details” and included immediately in sequence behind the OWNER’S plans to avoid confusion with the DEPARTMENT’s Standard Plans and Standard Construction Details. The OWNER shall provide plans using the DEPARTMENT’S title block design and in Microstation file format, and, if requested, on mylar sheets. 2. The plans and estimate shall be subject to approval by both the DEPARTMENT and OWNER prior to advertising for bids. Attachment number 2 \nPage 1 of 3 Item # 1 Page 2 of 3 3. All work necessary for the adjustment or relocation of the described facilities in accordance with the final plans when approved shall be included in the highway contract and let to bid by the DEPARTMENT except as follows: If necessary, the Owner will provide additional temporary and permanent easements, at its own expense, for any work outside of the acquisition limits shown on the project right of way plans, and shall certify possession in accordance with DEPARTMENT requirements prior to the Certification deadline for the project. 4. All construction engineering (layout, inspection) and contract supervision shall be the responsibility of the DEPARTMENT and the DEPARTMENT shall be responsible to assure that all utility work is accomplished in accordance with plans and specifications and to consult with the OWNER before authorizing any changes or deviations which might affect the OWNER’S facility. Engineering for plan revisions for the OWNER’S facilities shall be the responsibility of the OWNER and OWNER’S Consultant. 5. The OWNER and OWNER’S Consultant shall have the right to visit and inspect the work at any time and advise the DEPARTMENT’S Engineer of any observed discrepancies or potential problems. The cost of any OWNER or OWNER’S Consultant’s visits or inspections will be the responsibility of the OWNER. The DEPARTMENT agrees to notify the OWNER when all utility work is complete and ready for final inspection and invite the OWNER to attend the final inspection or provide a corrections list to the DEPARTMENT prior to the final inspection. 6. After award of the highway contract, the OWNER will continue to maintain its facilities until adjustment or relocation begins on any segment of the facilities. Once adjustment or relocation begins on a segment of the facilities, the DEPARTMENT or its contractor will be responsible for the maintenance of the adjusted or relocated facilities until final acceptance is made for the work. Upon acceptance of the work and upon certification by the DEPARTMENT’S Engineer that the work has been completed in accordance with the plans and specifications, the OWNER will accept the adjusted or relocated facilities and will thereafter operate and maintain said facilities without further cost to the DEPARTMENT and its contractor. 7. The DEPARTMENT and OWNER agree that all matters will be governed by the DEPARTMENT’S Utility Accommodation Policy and Standards. It is contemplated by the DEPARTMENT and OWNER that a Contract Item Agreement will be executed by both parties that will supersede this memorandum. The cost for the water/sewer facilities shall be the responsibility of the OWNER and reimbursement to the DEPARTMEMT shall be handled thru a Contract Item Agreement. Attachment number 2 \nPage 2 of 3 Item # 1 Page 3 of 3 APPROVED FOR THE OWNER BY: (Signature) (Date) (Title) APPROVED FOR THE DEPARTMENT BY: (Signature) (Date) State Utilities Engineer (Title) Contract Item Agreement to be required? YES Preliminary Engineering Agreement to be required? No Attachment number 2 \nPage 3 of 3 Item # 1 Revised 12/01/2011 GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT AFFIDAVIT Contracting Entity: WATER DISTRIBUTION FACILITIES Address: STP00-7007-00 (006),PI # 250610-, RICHMOND COUNTY Contract No. and Name: AUGUSTA- RICHMOND COUNTY By executing this affidavit, the undersigned person or entity verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or entity which is contracting with the Georgia Department of Transportation has registered with, is authorized to participate in, and is participating in the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. The undersigned person or entity further agrees that it will continue to use the federal work authorization program throughout the contract period, and it will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the undersigned with the information required by O.C.GA. § 13-10-91(b). The undersigned person or entity further agrees to maintain records of such compliance and provide a copy of each such verification to the Georgia Department of Transportation within five (5) business days after any subcontractor is retained to perform such service. _______________________________________ E-Verify / Company Identification Number _______________________________________ Signature of Authorized Officer or Agent _______________________________________ Date of Authorization _______________________________________ Printed Name of Authorized Officer or Agent _______________________________________ Title of Authorized Officer or Agent _______________________________________ Date SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _____ DAY OF ______________________, 201_ ________________________________________ [NOTARY SEAL] Notary Public My Commission Expires: ___________________ Attachment number 3 \nPage 1 of 1 Item # 1 Account No. – Class: 733007 – 309 Department ID: 4840470001 Program No.: 4180601 STANDARD UTILITY AGREEMENT GDOT Contract ID No.: CSOOUUTL CONTRACT ITEM AGREEMENT Georgia Project No.: STP00-7007-00 (006), Richmond County G.D.O.T. P.I. No.: 250610- THIS AGREEMENT, made this ___________________________ , by and between the Department of Transportation, an agency of the State of Georgia, hereinafter called the DEPARTMENT, first party, and Augusta-Richmond County, a political subdivision of the State of Georgia, hereinafter called the LOCAL AGENCY, second party; WITNESS that: WHEREAS, the DEPARTMENT proposes under the above numbered project to widen and reconstruct County Road 65/Windsor Spring Road from Willis Forman Road to Tobacco Road in Richmond County, Georgia; and WHEREAS, due to the construction of this project, it will become necessary to make certain adjustments or additional installation of utility facilities of the LOCAL AGENCY, the cost of which shall be determined in accordance with Articles 8, 9, & 10 below; and WHEREAS, the LOCAL AGENCY has requested that the DEPARTMENT include the adjustment or installation of water distribution facilities in its highway construction contract as shown on the attached plans; and WHEREAS, this Agreement being for the sole purpose of providing a contractor for work performed on the LOCAL AGENCY'S water distribution facilities, the LOCAL AGENCY shall bear the cost of said work to be determined as hereinafter set forth; WHEREAS, the preliminary engineering, including preparation of detailed plans and contract estimate for adjustment of the utilities described above have been accomplished by the LOCAL AGENCY; WHEREAS, the plans for the utility work have been approved by both the DEPARTMENT and the LOCAL AGENCY prior to commencing work; NOW THEREFORE, in consideration of the premises and the mutual covenants of the parties hereinafter set forth, it is agreed: 1. All construction engineering and contract supervision shall be the responsibility of the DEPARTMENT and the DEPARTMENT shall be responsible to assure that all utility work is accomplished in accordance with plans and specifications and to consult with the LOCAL AGENCY or LOCAL AGENCY’S Consultant before authorizing any changes or deviations which affect the LOCAL AGENCY’S facility. Attachment number 4 \nPage 1 of 6 Item # 1 STANDARD UTILITY AGREEMENT CONTRACT ITEM AGREEMENT 2 2. The LOCAL AGENCY or the LOCAL AGENCY’S Consultant shall have the right to visit and inspect the work at any time and advise the DEPARTMENT’S Engineer of any observed discrepancies or potential problems. The DEPARTMENT agrees to notify the LOCAL AGENCY when all utility work is completed and ready for final inspection by the LOCAL AGENCY. 3. It is specifically understood that the project number shown above is for the DEPARTMENT'S identification purposes only and may be subject to change by the DEPARTMENT. In the event it becomes necessary for the DEPARTMENT to assign a different project number, the DEPARTMENT shall notify the LOCAL AGENCY of the new project designation. Such change in project designation shall have no effect whatsoever on any of the other terms of this Agreement. 4. The DEPARTMENT shall include in its contract for this project all work necessary to accomplish the adjustment of the LOCAL AGENCY'S facilities as shown on the highway plans along with the necessary specifications to assure that the work conforms to sound construction practices. 5. In the event it becomes necessary to add pay items that are not provided for in the contract, the DEPARTMENT shall negotiate prices with the contractor and enter into a supplemental agreement with the contractor for completion of the additional items. Upon notification, the LOCAL AGENCY shall furnish a check for the additional cost as determined in Article 8 below. 6. The DEPARTMENT shall furnish on the project the construction engineering inspection and testing by its own forces required to assure that the work is done in accordance with the plans, specifications and Special Provisions. 7. Upon completion of the work and upon certification by the DEPARTMENT'S engineers that the work has been completed in accordance with the aforesaid plans and specifications, the LOCAL AGENCY shall accept the adjusted and additional facilities and shall thereafter operate and maintain the adjusted and additional facilities without further cost to the DEPARTMENT or its contractor. Such maintenance and all operations and activities shall be subject to the DEPARTMENT'S rules, policies and procedures as contained in its Utility Accommodation Policy and Standards, current edition. 8. The DEPARTMENT shall include in its highway contract those items shown as "materials" for permanent installation on the aforesaid plans attached hereto. The price bid for the appropriate items shall include all labor, materials and incidentals necessary to complete the work. The cost of the requested work shall be determined from unit quantities and unit prices as shown in the DEPARTMENT’S tabulation of bids. The approximate non-binding pre-let estimate is $1,377,845.00based on the LOCAL AGENCY’S estimate attached hereto of which the Department shall bear $0.00 and the LOCAL AGENCY shall bear $1,377,845.00. 9. It is mutually agreed that as soon as practicable after the opening of bids and acceptance of a bid by the DEPARTMENT, the DEPARTMENT shall notify the LOCAL Attachment number 4 \nPage 2 of 6 Item # 1 STANDARD UTILITY AGREEMENT CONTRACT ITEM AGREEMENT 3 AGENCY in writing of the amount due the DEPARTMENT. The LOCAL AGENCY shall pay to the DEPARTMENT the amount due within sixty (60) days. 10. It is further mutually agreed that the final cost of the work performed on behalf of the LOCAL AGENCY shall be determined by measurement of the actual quantities of installed materials, including added items under Article 5, multiplied by the actual bid prices. Accordingly, after the project has been completed, the DEPARTMENT shall determine the final cost to be borne by the LOCAL AGENCY and, as the case may be, shall refund to the LOCAL AGENCY or shall request of the LOCAL AGENCY an additional payment in the amount of the difference between the final cost to be borne by the LOCAL AGENCY and the amount which the LOCAL AGENCY has previously paid to the DEPARTMENT. In the event additional payment is due to the DEPARTMENT, the LOCAL AGENCY agrees to pay same within sixty (60) days after the statement is received from the DEPARTMENT. In the event a refund is due the LOCAL AGENCY, the DEPARTMENT agrees to pay the LOCAL AGENCY within sixty (60) after the refund amount is determined or final acceptance is made by the DEPARTMENT. 11. The covenants herein contained shall, except as otherwise provided, accrue to the benefit of and be binding upon the successors and assigns of the parties hereto. 12. It is mutually agreed between the parties hereto that this document shall be deemed to have been executed in the Fulton County, Georgia, and that all questions of interpretation and construction shall be governed by the laws of the State of Georgia. 13. In accordance with the BUY AMERICA requirements of the Federal regulations (23 U.S.C. 313 and 23 CFR 635.410) all manufacturing processes for steel and iron products or predominantly of steel or iron (at least 90% steel or iron content) furnished for permanent incorporation into the work on this project shall occur in the United States. The only exception to this requirement is the production of pig iron and the processing, pelletizing and reduction of iron ore, which may occur in another country. Other than there exceptions, all melting, rolling, extruding, machining, bending, grinding, drilling, coating, etc. must occur in the United States. (a) Products of steel include, but are not limited to, such products as structural steel piles, reinforcing steel, structural plate, steel culverts, guardrail steel supports for signs, signals and luminaires, and cable wire/strand. Products of iron include, but are not limited to, such products as cast iron frames and grates and ductile iron pipe. Coatings include, but are not limited to, the applications of epoxy, galvanizing and paint. The coating material is not limited to this clause, only the application process. (b) A Certificate of Compliance shall be furnished for steel and iron products as part of the backup information with the billing. The form for this certification entitled “Buy America Certificate of Compliance” is attached to this agreement as “Exhibit B”. Records to be maintained by the LOCAL AGENCY and the DEPARTMENT - Office of Utilities for this certification shall include a signed mill test report and a signed certification by each supplier, distributor, fabricator, Attachment number 4 \nPage 3 of 6 Item # 1 STANDARD UTILITY AGREEMENT CONTRACT ITEM AGREEMENT 4 and manufacturer that has handled the steel or iron product affirming that every process, including the application of a coating, performed on the steel or iron product has been carried out in the United States of America, except as allowed by this Section. The lack of these certifications will be justification for rejection of the steel and/or iron product or nonpayment of the work. (c) The requirements of said law and regulations do not prevent the use of miscellaneous steel or iron components, subcomponents and hardware necessary to encase, assemble and construct the above products, manufactured products that are not predominantly steel or iron or a minimal use of foreign steel and iron materials if the cost of such materials used does not exceed one-tenth of one percent (0.1%) of the total contract price or $2,500.00, whichever is greater. Attachment number 4 \nPage 4 of 6 Item # 1 STANDARD UTILITY AGREEMENT CONTRACT ITEM AGREEMENT 5 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in three counterparts, each to be considered as original by their authorized representative the day and date hereinabove written. WITNESS AS TO SECOND PARTY: AUGUSTA-RICHMOND COUNTY BY:_____________________________ WITNESS BY:_____________________________ BY:____________________________ NOTARY PUBLIC (SEAL) MAYOR SWORN TO AND SUBSCRIBED BEFORE ME THIS __ DAY OF _______________, 20_______. _________________________ Notary Public My commission expires: Signed on behalf of Augusta- Richmond County pursuant to resolution dated ____________________________. ************************************ FEIN____________________ BY:_____________________________ ************************************ COUNTY CLERK (OFFICIAL SEAL) ______________________________________________________________________ RECOMMENDED: ACCEPTED: DEPARTMENT OF TRANSPORTATION BY:_____________________________ STATE UTILITIES ENGINEER BY:______________________________ COMMISSIONER PROJECT NO.: STP00-7007-00 (006) Signed, sealed and delivered this ______ COUNTY: Richmond day of ____________________, 20______, G.D.O.T. P.I. NO.: 250610- DATE: April 21, 2014, AM (OFFICIAL SEAL OF THE DEPARTMENT) I attest that the seal imprinted herein is the Official Seal of the DEPARTMENT. BY: ______________________________ TREASURER OFFICIAL CUSTODIAN OF THE SEAL Attachment number 4 \nPage 5 of 6 Item # 1 STANDARD UTILITY AGREEMENT CONTRACT ITEM AGREEMENT 6 RESOLUTION STATE OF GEORGIA RICHMOND COUNTY BE IT RESOLVED by the Mayor and the County Commission, and it is hereby resolved, that the foregoing attached Agreement, relative to project STP00-7007-00 (006), P.I. No. 250610-, Widening and construction of CR 65/Windsor Springs Rd. from Willis Forman Road to Tobacco Road in Richmond County, Georgia and that Deke Copenhaver as Mayor and Lena Bonner, as Clerk of Commission, be and they are, thereby authorized and directed to execute the same for and in behalf of said Mayor and County Commission Of Augusta-Richmond County. Passed and adopted this the _____________ day of __________________, 20___. ATTEST: ___________________________ BY:______________________________ COUNTY CLERK CHAIRMAN STATE OF GEORGIA, AUGUSTA-RICHMOND COUNTY I, Lena Bonner, as Clerk of Commission, do hereby certify that I am custodian of the books and records of the same, and that the above and foregoing copy of the original is now on file in my office, and was passed by the Mayor and County Commission of Augusta-Richmond County. WITNESS my hand and official signature, this the ________ day of _______________, 20_________. BY: __________________________________ CLERK OF COMMISSION Attachment number 4 \nPage 6 of 6 Item # 1 245320- Richmond - Augusta-Richmond County-AUD-Water CIA - Bid Item Cost 4/18/2014 1 STP00-1105-00 (004), PI#245320- RICHMOND COUNTY Orig Plan Orig Est Orig Est Actual Bid Actual Total Actual In-KindPay Item 5 /WINDSOR SPRING RD FM SR 88 TO WILLIS FOREMAN Unit Total Qty Unit Price Cost Total Qty Bid Cost Bid Cost WATER DISTRIBUTION ITEMS * Actual Bid Qtys. will be adjusted if needed. WATER ITEMS 670-1060 WATER MAIN,6 IN LF 640.00 38.00$ 24,320.00$ 670-1120 WATER MAIN,12 IN LF 4,295.00 90.00$ 386,550.00$ 670-1600 CUT & PLUG EXIST WATER MAIN, 6 IN EA 3.00 750.00$ 2,250.00$ 670-2060 GATE VALVE, 6 IN EA 3.00 869.34$ 2,608.02$ 670-2120 GATE VALVE, 12 IN EA 5.00 1,300.00$ 6,500.00$ 670-4000 FIRE HYDRANT EA 6.00 2,955.33$ 17,731.98$ 670-4490 CONC THRUST COLLAR - 6 IN PIPE EA 2.00 500.00$ 1,000.00$ 670-4490 CONC THRUST COLLAR - 12 IN PIPE EA 1.00 1,000.00$ 1,000.00$ 670-5010 WATER SERVICE LINE, 1- IN LF 3,825.00 35.00$ 133,875.00$ 670-5020 WATER SERVICE LINE, 2- IN LF 40.00 38.00$ 1,520.00$ 670-9730 RELOCATE EXIST WATER METER, INCL BOX EA 51.00 311.47$ 15,884.97$ 670-9920 REMOVE EXIST FIRE HYDRANT EA 4.00 550.92$ 2,203.68$ 670-5800 WATER METER- NEW WATER METER EA 1.00 500.00$ 500.00$ SUBTOTAL =595,943.65$ SUBTOTAL = TOTAL EST COST =595,943.65$ TOTAL BID COST = TOTAL In-Kind EST 595,943.65$ AUGUSTA-RICHMAND CO.(ADU) WATER SHARE 100% TOTAL EST 595,943.65$ GDOT SHARE 0.00% TOTAL EST -$ GDOT 0% In-Kind or GDOT Share In-Kind Items *Actual Bid Costs Attachment number 5 \nPage 1 of 1 Item # 1 April 21, 2014 Mayor Deke Copenhaver Augusta-Richmond County 530 Greene Street Augusta, GA 30901 Project No.: STP00-1105-00 (004), Richmond County P.I. No: 245320- Contract Item Agreement for Water Distribution Facilities CR 65/WINDSOR SPRING RDFM SR 88 TO WILLIS FOREMAN RD Dear Mayor Copenhaver, In accordance with your request, the adjustment of water distribution facilities belonging to the Augusta- Richmond County is being included in the Department's contract for the roadway work on the above numbered project. We are transmitting three counterparts of an undated Contract Item Agreement which sets forth the conditions under which the State agrees to have its Contractor perform the work and by which Augusta-Richmond County will reimburse the Department for this work. As outlined in Article 8, the non-binding pre-let estimate including betterment for this work is $595,943.56.00 of which the Department will bear 00.00% or $0.00 and Augusta- Richmond County will bear 100.00% or $595,943.56. Also, attached is a cost estimate supporting the Agreement. If the Agreement meets with your approval, please handle for execution on behalf of Augusta-Richmond County and return all three (3) counterparts to the State of Georgia, Office of Utilities, One Georgia Center, 600 West Peachtree Street, 10th Floor, Atlanta, Georgia 30308 for execution on behalf of the Department. In this connection, be sure to have two witnesses (one of which must be a notary public) sign the Agreement. Please be certain that the notary public affixes his/her seal alongside their signature. Also, complete the attached resolution form and insert the date of resolution on page 4 of the Agreement. The Official Seal of Augusta- Richmond County is also required to be affixed to each counterpart in compliance with instructions from our Attorney General's Office. In accordance with Articles 8, 9, and 10 of the Agreement, the Department shall notify Augusta-Richmond County in writing of the amount due the Department based on actual bid prices. At that time a check for the amount required to perform the work will be requested as outlined in the Agreement. GEORGIA DEPARTMENT OF TRANSPORTATION One Georgia Center, 600 West Peachtree Street, NW Atlanta, Georgia 30308 Telephone: (404) 631-1000 Keith Golden, P.E., Commissioner Attachment number 6 \nPage 1 of 2 Item # 1 Project No.: STP00-1105-00 (004), Richmond County P.I. No.: 245320- Contract Item Agreement for Water Distribution Facilities April 21, 2014 Page 2 As soon as practicable, after the opening of bids, the Department will multiply the estimated quantities by the actual bid prices. The Department will refund any overpayment or request in writing that Augusta-Richmond County pay the Department the revised amount as determined by the aforesaid method. If you have any questions or need further information, please contact Jun Birnkammer at 404-347-0606 or by email at jbirnkammer@dot.ga.gov. Please send correspondence by mail addressed to State of Georgia, Office of Utilities, One Georgia Center, 600 West Peachtree Street, 10th Floor, Atlanta, Georgia 30308 for execution on behalf of the Department. Very truly yours, Lee E. Upkins Assistant State Utilities Engineer For: Michael J. Bolden State Utilities Engineer MJB: LU: JBB Attachment cc: Jimmy Smith, District Engineer, Tennille, Georgia Attn: Lynn Bean, District Utilities Engineer Attachment number 6 \nPage 2 of 2 Item # 1 Account No. – Class: 733005 – 309 Department ID: 4848010000 Program No.: 4181401 STANDARD UTILITY AGREEMENT GDOT Contract ID No.: CSOOUUTL CONTRACT ITEM AGREEMENT Georgia Project No.: STP00-1105-00 (004), Richmond County G.D.O.T. P.I. No.: 245320- THIS AGREEMENT, made this ___________________________ , by and between the Department of Transportation, an agency of the State of Georgia, hereinafter called the DEPARTMENT, first party, and Augusta-Richmond County, a political subdivision of the State of Georgia, hereinafter called the LOCAL AGENCY, second party; WITNESS that: WHEREAS, the DEPARTMENT proposes under the above numbered project to widen and construct County Road 65/Windsor Spring Road from State Route 88 to Willis Forman Road in Richmond County, Georgia; and WHEREAS, due to the construction of this project, it will become necessary to make certain adjustments or additional installation of utility facilities of the LOCAL AGENCY, the cost of which shall be determined in accordance with Articles 8, 9, & 10 below; and WHEREAS, the LOCAL AGENCY has requested that the DEPARTMENT include the adjustment or installation of water distribution facilities in its highway construction contract as shown on the attached plans; and WHEREAS, this Agreement being for the sole purpose of providing a contractor for work performed on the LOCAL AGENCY'S water distribution facilities, the LOCAL AGENCY shall bear the cost of said work to be determined as hereinafter set forth; WHEREAS, the preliminary engineering, including preparation of detailed plans and contract estimate for adjustment of the utilities described above have been accomplished by the LOCAL AGENCY; WHEREAS, the plans for the utility work have been approved by both the DEPARTMENT and the LOCAL AGENCY prior to commencing work; NOW THEREFORE, in consideration of the premises and the mutual covenants of the parties hereinafter set forth, it is agreed: 1. All construction engineering and contract supervision shall be the responsibility of the DEPARTMENT and the DEPARTMENT shall be responsible to assure that all utility work is accomplished in accordance with plans and specifications and to consult with the LOCAL AGENCY or LOCAL AGENCY’S Consultant before authorizing any changes or deviations which affect the LOCAL AGENCY’S facility. Attachment number 7 \nPage 1 of 6 Item # 1 STANDARD UTILITY AGREEMENT CONTRACT ITEM AGREEMENT 2 2. The LOCAL AGENCY or the LOCAL AGENCY’S Consultant shall have the right to visit and inspect the work at any time and advise the DEPARTMENT’S Engineer of any observed discrepancies or potential problems. The DEPARTMENT agrees to notify the LOCAL AGENCY when all utility work is completed and ready for final inspection by the LOCAL AGENCY. 3. It is specifically understood that the project number shown above is for the DEPARTMENT'S identification purposes only and may be subject to change by the DEPARTMENT. In the event it becomes necessary for the DEPARTMENT to assign a different project number, the DEPARTMENT shall notify the LOCAL AGENCY of the new project designation. Such change in project designation shall have no effect whatsoever on any of the other terms of this Agreement. 4. The DEPARTMENT shall include in its contract for this project all work necessary to accomplish the adjustment of the LOCAL AGENCY'S facilities as shown on the highway plans along with the necessary specifications to assure that the work conforms to sound construction practices. 5. In the event it becomes necessary to add pay items that are not provided for in the contract, the DEPARTMENT shall negotiate prices with the contractor and enter into a supplemental agreement with the contractor for completion of the additional items. Upon notification, the LOCAL AGENCY shall furnish a check for the additional cost as determined in Article 8 below. 6. The DEPARTMENT shall furnish on the project the construction engineering inspection and testing by its own forces required to assure that the work is done in accordance with the plans, specifications and Special Provisions. 7. Upon completion of the work and upon certification by the DEPARTMENT'S engineers that the work has been completed in accordance with the aforesaid plans and specifications, the LOCAL AGENCY shall accept the adjusted and additional facilities and shall thereafter operate and maintain the adjusted and additional facilities without further cost to the DEPARTMENT or its contractor. Such maintenance and all operations and activities shall be subject to the DEPARTMENT'S rules, policies and procedures as contained in its Utility Accommodation Policy and Standards, current edition. 8. The DEPARTMENT shall include in its highway contract those items shown as "materials" for permanent installation on the aforesaid plans attached hereto. The price bid for the appropriate items shall include all labor, materials and incidentals necessary to complete the work. The cost of the requested work shall be determined from unit quantities and unit prices as shown in the DEPARTMENT’S tabulation of bids. The approximate non-binding pre-let estimate is $595,943.56 based on the LOCAL AGENCY’S estimate attached hereto of which the Department shall bear $0.00 and the LOCAL AGENCY shall bear $595,943.56. 9. It is mutually agreed that as soon as practicable after the opening of bids and acceptance of a bid by the DEPARTMENT, the DEPARTMENT shall notify the LOCAL Attachment number 7 \nPage 2 of 6 Item # 1 STANDARD UTILITY AGREEMENT CONTRACT ITEM AGREEMENT 3 AGENCY in writing of the amount due the DEPARTMENT. The LOCAL AGENCY shall pay to the DEPARTMENT the amount due within sixty (60) days. 10. It is further mutually agreed that the final cost of the work performed on behalf of the LOCAL AGENCY shall be determined by measurement of the actual quantities of installed materials, including added items under Article 5, multiplied by the actual bid prices. Accordingly, after the project has been completed, the DEPARTMENT shall determine the final cost to be borne by the LOCAL AGENCY and, as the case may be, shall refund to the LOCAL AGENCY or shall request of the LOCAL AGENCY an additional payment in the amount of the difference between the final cost to be borne by the LOCAL AGENCY and the amount which the LOCAL AGENCY has previously paid to the DEPARTMENT. In the event additional payment is due to the DEPARTMENT, the LOCAL AGENCY agrees to pay same within sixty (60) days after the statement is received from the DEPARTMENT. In the event a refund is due the LOCAL AGENCY, the DEPARTMENT agrees to pay the LOCAL AGENCY within sixty (60) after the refund amount is determined or final acceptance is made by the DEPARTMENT. 11. The covenants herein contained shall, except as otherwise provided, accrue to the benefit of and be binding upon the successors and assigns of the parties hereto. 12. It is mutually agreed between the parties hereto that this document shall be deemed to have been executed in the Fulton County, Georgia, and that all questions of interpretation and construction shall be governed by the laws of the State of Georgia. 13. In accordance with the BUY AMERICA requirements of the Federal regulations (23 U.S.C. 313 and 23 CFR 635.410) all manufacturing processes for steel and iron products or predominantly of steel or iron (at least 90% steel or iron content) furnished for permanent incorporation into the work on this project shall occur in the United States. The only exception to this requirement is the production of pig iron and the processing, pelletizing and reduction of iron ore, which may occur in another country. Other than there exceptions, all melting, rolling, extruding, machining, bending, grinding, drilling, coating, etc. must occur in the United States. (a) Products of steel include, but are not limited to, such products as structural steel piles, reinforcing steel, structural plate, steel culverts, guardrail steel supports for signs, signals and luminaires, and cable wire/strand. Products of iron include, but are not limited to, such products as cast iron frames and grates and ductile iron pipe. Coatings include, but are not limited to, the applications of epoxy, galvanizing and paint. The coating material is not limited to this clause, only the application process. (b) A Certificate of Compliance shall be furnished for steel and iron products as part of the backup information with the billing. The form for this certification entitled “Buy America Certificate of Compliance” is attached to this agreement as “Exhibit B”. Records to be maintained by the LOCAL AGENCY and the DEPARTMENT - Office of Utilities for this certification shall include a signed mill test report and a signed certification by each supplier, distributor, fabricator, Attachment number 7 \nPage 3 of 6 Item # 1 STANDARD UTILITY AGREEMENT CONTRACT ITEM AGREEMENT 4 and manufacturer that has handled the steel or iron product affirming that every process, including the application of a coating, performed on the steel or iron product has been carried out in the United States of America, except as allowed by this Section. The lack of these certifications will be justification for rejection of the steel and/or iron product or nonpayment of the work. (c) The requirements of said law and regulations do not prevent the use of miscellaneous steel or iron components, subcomponents and hardware necessary to encase, assemble and construct the above products, manufactured products that are not predominantly steel or iron or a minimal use of foreign steel and iron materials if the cost of such materials used does not exceed one-tenth of one percent (0.1%) of the total contract price or $2,500.00, whichever is greater. Attachment number 7 \nPage 4 of 6 Item # 1 STANDARD UTILITY AGREEMENT CONTRACT ITEM AGREEMENT 5 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in three counterparts, each to be considered as original by their authorized representative the day and date hereinabove written. WITNESS AS TO SECOND PARTY: AUGUSTA-RICHMOND COUNTY BY:_____________________________ WITNESS BY:_____________________________ BY:____________________________ NOTARY PUBLIC (SEAL) MAYOR SWORN TO AND SUBSCRIBED BEFORE ME THIS __ DAY OF _______________, 20_______. _________________________ Notary Public My commission expires: Signed on behalf of Augusta-Richmond County pursuant to resolution dated ____________________________. ************************************ FEIN____________________ BY:_____________________________ ************************************ COUNTY CLERK (OFFICIAL SEAL) ______________________________________________________________________ RECOMMENDED: ACCEPTED: DEPARTMENT OF TRANSPORTATION BY:_____________________________ STATE UTILITIES ENGINEER BY:______________________________ COMMISSIONER PROJECT NO.: STP00-1105-00 (004) Signed, sealed and delivered this ______ COUNTY: Richmond day of ____________________, 20______, G.D.O.T. P.I. NO.: 245320- DATE: April 21, 2014, AM (OFFICIAL SEAL OF THE DEPARTMENT) I attest that the seal imprinted herein is the Official Seal of the DEPARTMENT. BY: ______________________________ TREASURER OFFICIAL CUSTODIAN OF THE SEAL Attachment number 7 \nPage 5 of 6 Item # 1 STANDARD UTILITY AGREEMENT CONTRACT ITEM AGREEMENT 6 RESOLUTION STATE OF GEORGIA RICHMOND COUNTY BE IT RESOLVED by the Mayor and the County Commission, and it is hereby resolved, that the foregoing attached Agreement, relative to project STP00-1105-00 (004) (P.I. No. 245320-, Widening and construction of CR 65/Windsor Springs Rd. from SR 88 to Willis Forman Road in Richmond County, Georgia and that Deke Copenhaver as Mayor and Lena Bonner, as Clerk of Commission, be and they are, thereby authorized and directed to execute the same for and in behalf of said Mayor and County Commission Of Augusta-Richmond County. Passed and adopted this the _____________ day of __________________, 20___. ATTEST: ___________________________ BY:______________________________ COUNTY CLERK CHAIRMAN STATE OF GEORGIA, AUGUSTA-RICHMOND COUNTY I, Lena Bonner, as Clerk of Commission, do hereby certify that I am custodian of the books and records of the same, and that the above and foregoing copy of the original is now on file in my office, and was passed by the Mayor and County Commission of Augusta-Richmond County. WITNESS my hand and official signature, this the ________ day of _______________, 20_________. BY: __________________________________ CLERK OF COMMISSION Attachment number 7 \nPage 6 of 6 Item # 1 Revised 12/01/2011 GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT AFFIDAVIT Contracting Entity: WATER DISTRIBUTION FACILITIES Address: STP00-1105-00 (004), PI # 245320- RICHMOND COUNTY Contract No. and Name: AUGUSTA–RICHMOUND COUNTY By executing this affidavit, the undersigned person or entity verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or entity which is contracting with the Georgia Department of Transportation has registered with, is authorized to participate in, and is participating in the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. The undersigned person or entity further agrees that it will continue to use the federal work authorization program throughout the contract period, and it will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the undersigned with the information required by O.C.GA. § 13-10-91(b). The undersigned person or entity further agrees to maintain records of such compliance and provide a copy of each such verification to the Georgia Department of Transportation within five (5) business days after any subcontractor is retained to perform such service. _______________________________________ E-Verify / Company Identification Number _______________________________________ Signature of Authorized Officer or Agent _______________________________________ Date of Authorization _______________________________________ Printed Name of Authorized Officer or Agent _______________________________________ Title of Authorized Officer or Agent _______________________________________ Date SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _____ DAY OF ______________________, 201_ ________________________________________ [NOTARY SEAL] Notary Public My Commission Expires: ___________________ Attachment number 8 \nPage 1 of 1 Item # 1 At t a c h m e n t n u m b e r 9 \ n P a g e 1 o f 1 It e m # 1 Page 1 of 3 Revised: February 2012 Georgia DOT Project: STP00-7007-00(006) & BRSLB-7007-00(007) County: Richmond GDOT P.I.: 250610 & 250615 MEMORANDUM OF UNDERSTANDING between the Georgia Department of Transportation (hereafter the DEPARTMENT) and Augusta/Richmond County (hereinafter called the OWNER) Whereas the DEPARTMENT proposes to undertake a project to CR 65/Windsor Springs Rd. from Willis Forman Rd. to Tobacco Rd. & CR 65/Windsor Springs Road @ Spirit Creek 2.7 Miles N/Hephzibah in Richmond County by contract through competitive bidding, and: Whereas the OWNER has the following utility facilities which will be within the project limits: Water and Sewer. Whereas the OWNER does not have adequate equipment and staff to adjust its facilities or for other reasons considers it advantageous to have this work included in the roadway contract to be let by the DEPARTMENT; and, now therefore: The following is hereby mutually agreed to and understood by both parties: 1. The preliminary engineering, including preparation of detailed plans and contract estimate for the required water items will be accomplished by the OWNER or OWNER’S Consultant, the cost of which will be the responsibility of the OWNER. The plans shall provide for adjustment, relocation, or new installation of the OWNER’S facilities in accordance with the OWNER’S customary practices, standards, and details subject to conformance with the DEPARTMENT’S standard pay items and procedures for including such items in the project contract. In cases of discrepancy, the governing descending order will be as follows: (1) Special Provisions, (2) Project Plans (prepared by OWNER’S Consultant) including Special Plan Details, (3) Supplemental Specifications, (4) Standard Plans including DEPARTMENT’S Standard Construction Details, (5) Standard Specifications. The OWNER’S standard details should be labeled as “Special Plan Details” and included immediately in sequence behind the OWNER’S plans to avoid confusion with the DEPARTMENT’s Standard Plans and Standard Construction Details. The OWNER shall provide plans using the DEPARTMENT’S title block design and in Microstation file format, and, if requested, on mylar sheets. 2. The plans and estimate shall be subject to approval by both the DEPARTMENT and OWNER prior to advertising for bids. Attachment number 10 \nPage 1 of 3 Item # 1 Page 2 of 3 3. All work necessary for the adjustment or relocation of the described facilities in accordance with the final plans when approved shall be included in the highway contract and let to bid by the DEPARTMENT except as follows: If necessary, the Owner will provide additional temporary and permanent easements, at its own expense, for any work outside of the acquisition limits shown on the project right of way plans, and shall certify possession in accordance with DEPARTMENT requirements prior to the Certification deadline for the project. 4. All construction engineering (layout, inspection) and contract supervision shall be the responsibility of the DEPARTMENT and the DEPARTMENT shall be responsible to assure that all utility work is accomplished in accordance with plans and specifications and to consult with the OWNER before authorizing any changes or deviations which might affect the OWNER’S facility. Engineering for plan revisions for the OWNER’S facilities shall be the responsibility of the OWNER and OWNER’S Consultant. 5. The OWNER and OWNER’S Consultant shall have the right to visit and inspect the work at any time and advise the DEPARTMENT’S Engineer of any observed discrepancies or potential problems. The cost of any OWNER or OWNER’S Consultant’s visits or inspections will be the responsibility of the OWNER. The DEPARTMENT agrees to notify the OWNER when all utility work is complete and ready for final inspection and invite the OWNER to attend the final inspection or provide a corrections list to the DEPARTMENT prior to the final inspection. 6. After award of the highway contract, the OWNER will continue to maintain its facilities until adjustment or relocation begins on any segment of the facilities. Once adjustment or relocation begins on a segment of the facilities, the DEPARTMENT or its contractor will be responsible for the maintenance of the adjusted or relocated facilities until final acceptance is made for the work. Upon acceptance of the work and upon certification by the DEPARTMENT’S Engineer that the work has been completed in accordance with the plans and specifications, the OWNER will accept the adjusted or relocated facilities and will thereafter operate and maintain said facilities without further cost to the DEPARTMENT and its contractor. 7. The DEPARTMENT and OWNER agree that all matters will be governed by the DEPARTMENT’S Utility Accommodation Policy and Standards. It is contemplated by the DEPARTMENT and OWNER that a Contract Item Agreement will be executed by both parties that will supersede this memorandum. The cost for the water/sewer facilities shall be the responsibility of the OWNER and reimbursement to the DEPARTMEMT shall be handled thru a Contract Item Agreement. Attachment number 10 \nPage 2 of 3 Item # 1 Page 3 of 3 APPROVED FOR THE OWNER BY: (Signature) (Date) (Title) APPROVED FOR THE DEPARTMENT BY: (Signature) (Date) State Utilities Engineer (Title) Contract Item Agreement to be required? YES Preliminary Engineering Agreement to be required? No Attachment number 10 \nPage 3 of 3 Item # 1 250610- Richmond - Augusta-Richmond County-Water CIA - Bid Item Cost 4/21/2014 1 STP00-7007-00 (006), PI#250610- RICHMOND COUNTY Orig Plan Orig Est Orig Est Actual Bid Actual Total Actual In-Kind Pay Item CR 65 /WINDSOR SPRING RD FM WILLIS FOREMAN RD Unit Total Qty Unit Price Cost Total Qty Bid Cost Bid Cost TO TOBACCO RD.* Actual Bid Qtys. will be adjusted if needed. WATER ITEMS 670-1060 WATER MAIN, 6 IN LF 2,080.00 25.00$ 52,000.00$ 670-1080 WATER MAIN, 8 IN LF 400.00 40.00$ 16,000.00$ 670-1100 WATER MAIN, 10 IN LF 50.00 47.00$ 2,350.00$ 670-1120 WATER MAIN, 12 IN LF 16,350.00 40.00$ 654,000.00$ 670-1600 CUT & PLUG EXISTING WATER MAIN EA 18.00 3,500.00$ 63,000.00$ 670-2006 PRESSURE REDUCING VALVE, INCL VAULT -EA 1.00 25,000.00$ 25,000.00$ 670-2060 GATE VALVE, 6 IN EA 12.00 875.00$ 10,500.00$ 670-2080 GATE VALVE, 8 IN EA 2.00 1,180.00$ 2,360.00$ 670-2100 GATE VALVE, 10 IN EA 1.00 1,700.00$ 1,700.00$ 670-2120 GATE VALVE, 12 IN EA 30.00 2,200.00$ 66,000.00$ 670-4000 FIRE HYDRANT EA 22.00 3,500.00$ 77,000.00$ 670-4490 CONCRETE THRUST COLLAR - 6 IN EA 11.00 770.00$ 8,470.00$ 670-4490 CONCRETE THRUST COLLAR - 8 IN EA 2.00 880.00$ 1,760.00$ 670-4490 CONCRETE THRUST COLLAR - 10 IN EA 1.00 990.00$ 990.00$ 670-4490 CONCRETE THRUST COLLAR - 12 IN EA 3.00 1,100.00$ 3,300.00$ 670-5000 WATER SERVICE LINE - 1 IN LF 8,900.00 20.00$ 178,000.00$ 670-5000 WATER SERVICE LINE - 2 IN LF 40.00 42.00$ 1,680.00$ 670-5000 WATER SERVICE LINE - 4 IN LF 20.00 48.00$ 960.00$ 670-7000 STEEL CASING - 24 IN LF 200.00 85.00$ 17,000.00$ 670-9730 RELOCATE EXIST WATER METER, INCL BOX EA 119.00 390.00$ 46,410.00$ 670-9920 REMOVE EXIST FIRE HYDRANT EA 10.00 465.00$ 4,650.00$ SEWER ITEMS -$ 610-0815 REM & FILL EXIST SAN SEWER MANHOLE EA 2.00 1,500.00$ 3,000.00$ 660-0812 SAN SEWER PIPE, 12 IN, DUCTILE IRON LF 280.00 110.00$ 30,800.00$ 660-0824 SAN SEWER PIPE, 24 IN, DUCTILE IRON LF 220.00 275.00$ 60,500.00$ 668-3300 SAN SEWER MANHOLE, TP 1 EA 6.00 2,800.00$ 16,800.00$ 668-3311 SAN SEWER MANHOLE, TP 1, ADDL DEPTH, CL 1 LF 93.00 180.00$ 16,740.00$ 670-7000 STEEL CASING - 48 IN LF 125.00 135.00$ 16,875.00$ -$ SUBTOTAL =1,377,845.00$ SUBTOTAL =-$ TOTAL EST COST =1,377,845.00$ TOTAL BID COST = -$ TOTAL In-Kind EST -$ AUGUSTA-RICHMAND CO.(ADU) WATER SHARE 100% TOTAL EST 1,377,845.00$ -$ GDOT SHARE 0.00% TOTAL EST -$ GDOT 0% In-Kind or GDOT Share -$ In-Kind Items *Actual Bid Costs Attachment number 11 \nPage 1 of 1 Item # 1 April 21, 2014 Mayor Deke Copenhaver Augusta-Richmond County 530 Greene Street Augusta, GA 30901 Project No.: STP00-7007-00 (006), Richmond County P.I. No: 250610- Contract Item Agreement for Water Distribution Facilities CR 65/WINDSOR SPRING RD FM WILLIS FOREMAN RD TO TOBACCO RD. Dear Mayor Copenhaver, In accordance with your request, the adjustment of water distribution facilities belonging to the Augusta- Richmond County is being included in the Department's contract for the roadway work on the above numbered project. We are transmitting three counterparts of an undated Contract Item Agreement which sets forth the conditions under which the State agrees to have its Contractor perform the work and by which Augusta-Richmond County will reimburse the Department for this work. As outlined in Article 8, the non-binding pre-let estimate including betterment for this work is $1,377,845.00 of which the Department will bear 00.00% or $0.00 and Augusta-Richmond County will bear 100.00% or $1,377,845.00. Also, attached is a cost estimate supporting the Agreement. If the Agreement meets with your approval, please handle for execution on behalf of Augusta-Richmond County and return all three (3) counterparts to the State of Georgia, Office of Utilities, One Georgia Center, 600 West Peachtree Street, 10th Floor, Atlanta, Georgia 30308 for execution on behalf of the Department. In this connection, be sure to have two witnesses (one of which must be a notary public) sign the Agreement. Please be certain that the notary public affixes his/her seal alongside their signature. Also, complete the attached resolution form and insert the date of resolution on page 4 of the Agreement. The Official Seal of Augusta- Richmond County is also required to be affixed to each counterpart in compliance with instructions from our Attorney General's Office. In accordance with Articles 8, 9, and 10 of the Agreement, the Department shall notify Augusta-Richmond County in writing of the amount due the Department based on actual bid prices. At that time a check for the amount required to perform the work will be requested as outlined in the Agreement. GEORGIA DEPARTMENT OF TRANSPORTATION One Georgia Center, 600 West Peachtree Street, NW Atlanta, Georgia 30308 Telephone: (404) 631-1000 Keith Golden, P.E., Commissioner Attachment number 12 \nPage 1 of 2 Item # 1 Project No.: STP00-7007-00 (006), Richmond County P.I. No.: 250610- Contract Item Agreement for Water Distribution Facilities April 21, 2014 Page 2 As soon as practicable, after the opening of bids, the Department will multiply the estimated quantities by the actual bid prices. The Department will refund any overpayment or request in writing that Augusta-Richmond County pay the Department the revised amount as determined by the aforesaid method. If you have any questions or need further information, please contact Jun Birnkammer at 404-347-0606 or by email at jbirnkammer@dot.ga.gov. Please send correspondence by mail addressed to State of Georgia, Office of Utilities, One Georgia Center, 600 West Peachtree Street, 10th Floor, Atlanta, Georgia 30308 for execution on behalf of the Department. Very truly yours, Lee E. Upkins Assistant State Utilities Engineer For: Michael J. Bolden State Utilities Engineer MJB: LU: JBB Attachment cc: Jimmy Smith, District Engineer, Tennille, Georgia Attn: Lynn Bean, District Utilities Engineer Attachment number 12 \nPage 2 of 2 Item # 1 Engineering Services Committee Meeting 4/28/2014 1:00 PM Acquisition of Right-of-Way 1402 Marks Church Rd- Bagby Department:Law Caption:Motion to authorize condemnation to acquire title of a portion of property for right-of-way, temporary construction easement and temporary driveway easement (Parcel 041-1-061-00-0) 1402 Marks Church Road. Background:Despite repeated efforts, the City has been unable to reach an agreement with the property owner and therefore seeks to acquire title through condemnation. In order to proceed and avoid further project delays, it is necessary to condemn a portion of subject property. The required property consists of 694.76 square feet of right-of-way, 1,145.31 square feet of temporary construction easement and one temporary driveway easement. The appraised value is $2,450.00. Analysis:Condemnation is necessary in order to acquire the required property. Financial Impact:The necessary costs will be covered under the project budget. Alternatives:Deny condemnation. Recommendation:Approve condemnation Funds are Available in the Following Accounts: FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNTS: G/L 325041120-52.12122 J/L 209825201-52.12122 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Cover Memo Item # 2 Clerk of Commission Cover Memo Item # 2 Attachment number 1 \nPage 1 of 1 Item # 2 Engineering Services Committee Meeting 4/28/2014 1:00 PM Approve Engineering Project list - SPLOST VII Department:Finance / Administrator Caption:Approve the projects to be funded by SPLOST VII as recommended by the Engineering Department. (Requested by Mayor Copenhaver) Background:On March 10, 2014 the commission approved a referendum resolution to: A REFERENDUM RESOLUTION TO REIMPOSE A SPECIAL ONE PERCENT SALES AND USE TAX, SUBJECT TO REFERENDUM APPROVAL; TO REGULATE AND PROVIDE FOR THE CALLING OF AN ELECTION AND TO CALL AN ELECTION TO DETERMINE THE REIMPOSITION OR NON-REIMPOSITION OF THE SALES AND USE TAX; TO SPECIFY THE PURPOSES FOR WHICH THE PROCEEDS OF THE SALES AND USE TAX ARE TO BE USED AND MAY BE EXPENDED; TO SPECIFY THE ESTIMATED COST OF THE PROJECTS THAT WILL BE FUNDED FROM THE PROCEEDS OF THE SALES AND USE TAX; TO SPECIFY THE AMOUNT OF PREVIOUSLY INCURRED GENERAL OBLIGATION DEBT TO BE RETIRED FROM THE PROCEEDS OF THE SALES AND USE TAX; TO SPECIFY THE MAXIMUM AMOUNT OF REVENUE TO BE RAISED BY THE SALES AND USE TAX; TO AUTHORIZE THE ISSUANCE OF $22,395,000 IN AGGREGATE PRINCIPAL AMOUNT OF GENERAL OBLIGATION DEBT OF AUGUSTA, GEORGIA IN CONJUNCTION WITH THE REIMPOSITION OF THE SALES AND USE TAX; TO SPECIFY THE PURPOSES FOR WHICH THE DEBT IS TO BE ISSUED, THE MAXIMUM INTEREST RATE OR RATES THAT SUCH DEBT IS TO BEAR, AND THE AMOUNT OF PRINCIPAL TO BE PAID IN EACH YEAR DURING THE LIFE OF SUCH DEBT; TO PROVIDE FOR THE LEVY AND COLLECTION OF AD VALOREM TAXES TO SERVICE SUCH DEBT, TO THE EXTENT THE PROCEEDS OF THE SALES AND USE TAX ARE NOT SUFFICIENT FOR SUCH PURPOSE; AND FOR OTHER PURPOSES. The project categories included: (a) Projects to be owned or operated or both by Augusta or by one or more local authorities within the Special District pursuant to intergovernmental contracts with Cover Memo Item # 3 Augusta (the “Augusta Projects”): (i) Road, Street, Bridge, and Drainage Improvements - $50,000,000, (ii) Public Safety Facilities, Equipment, and Vehicles - $29,939,000, (iii) Parks and Recreation Facilities - $19,000,000, (iv) Cultural, Library, and Historic Facilities - $21,025,000, (v) Economic Development Facilities and Land Acquisition - $13,250,000, (vi) Information Technology - $5,550,000, (vii) Industrial Infrastructure Improvements - $1,750,000, (viii) Municipal Building Renovations - $30,000,000, (ix) Fleet Administration and Maintenance Facilities - $450,000, and (x) Sales Tax Program and Project Administration - $9,000,000; (b) Projects to be owned or operated or both by Blythe (the “Blythe Projects”): (i) Road Improvements - $400,000, (ii) Water System Improvements - $350,000, (iii) Equipment and Vehicles - $225,000, (iv) Community Building, Library, and Park Facilities - $900,000, and (v) Information Technology - $100,000; and (c) Projects to be owned or operated or both by Hephzibah (the “Hephzibah Projects”): (i) Recreational Multi- Use Facility - $4,450,000, (ii) Agricultural Center and Arena Project - $1,800,000, (iii) Water System Equipment and Vehicles - $365,000, (iv) Public Safety Equipment and Vehicles - $510,000, (v) Fire Department Facilities - $950,000, and (vi) Road and Bike Lane Projects - $300,000; and(2) retiring Augusta’s Tax Anticipation Notes, dated March 7, 2014 (the “Augusta Notes”), by paying or making provision for the payment of the principal of and interest on the Augusta Notes coming due on October 1, 2014, in the estimated maximum amount of $8,050,000; Analysis:$50,000,000 was allocated for Road, Street, Bridge and Drainage Impvoements Projects. The Engineering department is recommending the funding be used to complete the projects listed in the attached document. Financial Impact:Funding would be from sales tax revenue generated by SPLOST VII. Sales tax collections are projected to begin in April 2016 and will continue until Ocotber 2021. Project funding will be allocated over the collection period. Alternatives:1. Approve recommended list of projects 2. Task staff to revise list for Road, street, bridge and drainage improvement projects. Recommendation:Approve project list as recommended Funds are Available in the Following Accounts: SPLOST VII Cover Memo Item # 3 REVIEWED AND APPROVED BY: Cover Memo Item # 3 Augusta Georgia SPLOST VII Project list Key Department Project ** Amount C6 Engineering 15th Street Pedestrian Improvements 8,000,000$ C14 Engineering ADA-Sidewalks-Rehab-Replacement 600,000 C18 Engineering Bridge Rehabilitation and Maintenance 800,000 C21 Engineering Corrugated Pipe Replacement Program 500,000 C22 Engineering Dennis Road Widening and Drainage Improvements 2,000,000 C24 Engineering Dover-Lyman Street and Drainage Improvement 1,000,000 C26 Engineering East Augusta Roadway and Drainage Improvements - Phase III (Marion Homes Area)500,000 C27 Engineering East Augusta Roadway and Drainage Improvements - Phase IV (Azalea, Brunswick, & Albany Street Areas)500,000 C35 Engineering Flood Control Structures - Rehabilitation and Maintenance 1,000,000 C37 Engineering Garden City Beautification Initiative 250,000 C38 Engineering Glass Factory Drainage Basin Conveyance Improvements and Flood Reduction 200,000 C39 Engineering Grading and Drainage 1,500,000 C43 Engineering Hyde Park St. & Drg Imp. and Wilkerson Gardens 1,500,000 C49 Engineering Maintenance/Construction Machinery and Equipment 200,000 C53 Engineering Milling and Resurfacing - Contracts 5,100,000 C54 Engineering Monte Sano Ave. Improvements (Wrightsboro Rd. to Walton Way)3,000,000 C55 Engineering National Hill Area Streets and Drainage Improvements 3,000,000 C56 Engineering Old Savannah Road Street & Drainage Improvements (Martin Luther King Blvd. to Gordon Highway)500,000 C58 Engineering On Call Guardrail Replacements 300,000 C59 Engineering On Call Roadway Striping and Reflector Installation 500,000 C60 Engineering On Call Traffic Engineering 200,000 C61 Engineering On-Call and Emergency Appraisal Services 100,000 C62 Engineering On-Call and Emergency Construction Material Testing Services 500,000 C63 Engineering On-Call and Emergency Construction Services 1,500,000 C64 Engineering On-Call and Emergency Design Services 300,000 C66 Engineering Paving Dirt Roads 2,000,000 C67 Engineering Peach Orchard Road Sidewalk Installation - Pepperidge Drive to Tobacco Road 1,000,000 C70 Engineering Rocky Creek Flood Reduction Improvements 1,500,000 C71 Engineering Skinner Mill Road Widening (Boy Scout to Walton Way)6,000,000 C72 Engineering SPLOST Administration 1,000,000 C76 Engineering Traffic Sign Upgrade Program 300,000 C77 Engineering Traffic Signal Upgrade Program 1,500,000 C78 Engineering Tree Removal, Pruning and Replacement 1,000,000 C80 Engineering Watershed Study and Storm Water Inventory & Mapping 150,000 C82 Engineering Wrightsboro Road Reconstruction and Pedestrian Improvements (Highland Ave. to Marks Church Road)2,000,000 Total 50,000,000$ **Projects recommended by Engineering Department Attachment number 1 \nPage 1 of 1 Item # 3 Augusta Georgia SPLOST VII Project list Key Department Amount B Administration 47,050,000$ C Engineering 50,000,000 D Fire 7,500,000 E Fleet 8,450,000 F IT 18,550,000 H Planning & Development 6,500,000 I Recreation 19,000,000 J Sheriff 1,439,000 K City of Hephzibah 8,375,000 L City of Blythe 1,975,000 M Augusta Authorities 5,750,000 N Library 2,000,000 P Outside Agencies 21,775,000 total 198,364,000$ Attachment number 2 \nPage 1 of 15 Item # 3 Augusta Georgia SPLOST VII Project list Project Type Amount % Infrastructure 80,500,000 40.58% Engineering 50,000,000 IT 13,000,000 Planniing & Development 6,500,000 Augusta Authorities 5,750,000 Outside Agencies 5,250,000 Public Buildings 34,950,000 17.62% Administration 30,000,000 Fire Department 2,500,000 Library 2,000,000 Fleet 450,000 Recreation 19,000,000 9.58% Cultural/Historic Outside Agencies 16,525,000 8.33% Intergovernmental 10,350,000 5.22% Law Enforcement 1,439,000 0.73% Debt Service 12,050,000 6.07% Project Management 5,000,000 2.52% Fleet Replacement 13,000,000 6.55% Information Technology 5,550,000 2.80% 198,364,000 100.00% Attachment number 2 \nPage 2 of 15 Item # 3 Augusta Georgia SPLOST VII Project list Key Department Project Amount B1 Administrator/Mayor Project Administration 5,000,000$ Administrator/Mayor Interest on Bonds 4,000,000 B2 Administrator/Mayor Municipal Building Renovations 30,000,000 B5 Administrator/Mayor Debt Repayment (GRU Cancer Center)8,050,000 Total 47,050,000$ Attachment number 2 \nPage 3 of 15 Item # 3 Augusta Georgia SPLOST VII Project list Key Department Project ** Amount C6 Engineering 15th Street Pedestrian Improvements 8,000,000$ C14 Engineering ADA-Sidewalks-Rehab-Replacement 600,000 C18 Engineering Bridge Rehabilitation and Maintenance 800,000 C21 Engineering Corrugated Pipe Replacement Program 500,000 C22 Engineering Dennis Road Widening and Drainage Improvements 2,000,000 C24 Engineering Dover-Lyman Street and Drainage Improvement 1,000,000 C26 Engineering East Augusta Roadway and Drainage Improvements - Phase III (Marion Homes Area)500,000 C27 Engineering East Augusta Roadway and Drainage Improvements - Phase IV (Azalea, Brunswick, & Albany Street Areas)500,000 C35 Engineering Flood Control Structures - Rehabilitation and Maintenance 1,000,000 C37 Engineering Garden City Beautification Initiative 250,000 C38 Engineering Glass Factory Drainage Basin Conveyance Improvements and Flood Reduction 200,000 C39 Engineering Grading and Drainage 1,500,000 C43 Engineering Hyde Park St. & Drg Imp. and Wilkerson Gardens 1,500,000 C49 Engineering Maintenance/Construction Machinery and Equipment 200,000 C53 Engineering Milling and Resurfacing - Contracts 5,100,000 C54 Engineering Monte Sano Ave. Improvements (Wrightsboro Rd. to Walton Way)3,000,000 C55 Engineering National Hill Area Streets and Drainage Improvements 3,000,000 C56 Engineering Old Savannah Road Street & Drainage Improvements (Martin Luther King Blvd. to Gordon Highway)500,000 C58 Engineering On Call Guardrail Replacements 300,000 C59 Engineering On Call Roadway Striping and Reflector Installation 500,000 C60 Engineering On Call Traffic Engineering 200,000 C61 Engineering On-Call and Emergency Appraisal Services 100,000 C62 Engineering On-Call and Emergency Construction Material Testing Services 500,000 C63 Engineering On-Call and Emergency Construction Services 1,500,000 C64 Engineering On-Call and Emergency Design Services 300,000 C66 Engineering Paving Dirt Roads 2,000,000 C67 Engineering Peach Orchard Road Sidewalk Installation - Pepperidge Drive to Tobacco Road 1,000,000 C70 Engineering Rocky Creek Flood Reduction Improvements 1,500,000 C71 Engineering Skinner Mill Road Widening (Boy Scout to Walton Way)6,000,000 C72 Engineering SPLOST Administration 1,000,000 C76 Engineering Traffic Sign Upgrade Program 300,000 C77 Engineering Traffic Signal Upgrade Program 1,500,000 C78 Engineering Tree Removal, Pruning and Replacement 1,000,000 C80 Engineering Watershed Study and Storm Water Inventory & Mapping 150,000 C82 Engineering Wrightsboro Road Reconstruction and Pedestrian Improvements (Highland Ave. to Marks Church Road)2,000,000 Total 50,000,000$ **Projects recommended by Engineering Department Attachment number 2 \nPage 4 of 15 Item # 3 Augusta Georgia SPLOST VII Project list Key Department Project Amount D1 Fire Emergency Vehcile Fleet Replacement 5,000,000$ D3 Fire Fire Stations - 1 location 2,500,000 Total 7,500,000$ Attachment number 2 \nPage 5 of 15 Item # 3 Augusta Georgia SPLOST VII Project list Key Department Project Amount E1 Fleet Roof Replacement 450,000$ E3 Fleet Public Safety Vehicles 8,000,000 Total 8,450,000$ Attachment number 2 \nPage 6 of 15 Item # 3 Augusta Georgia SPLOST VII Project list Key Department Project Amount F1 IT Radio System 13,000,000$ F2 IT TAO/TCO Software Application 4,000,000 F3 IT MDT Replacement 900,000 F4 IT Communication Infrastructure 250,000 F5 IT Orthophotography 400,000 TOTAL 18,550,000$ Attachment number 2 \nPage 7 of 15 Item # 3 Augusta Georgia SPLOST VII Project list Key Department Project Amount H1 Planning and Development Flood Reduction Program 2,500,000$ H2 Planning and Development Demolition Program 4,000,000 Total 6,500,000$ Attachment number 2 \nPage 8 of 15 Item # 3 Augusta Georgia SPLOST VII Project list Key Department Project Amount I7 Recreation Dyess Park 500,000$ I9 Recreation Lake Olmstead 250,000 I11 Recreation May Park 250,000 I14 Recreation Riverwalk 400,000 I23 Recreation Augusta Aquatic Ctr 1,500,000 I30 Recreation Fleming Tennis Center 500,000 I33 Recreation Minnick Park 200,000 I34 Recreation Pendleton King Park 250,000 I35 Recreation Valley Park 250,000 I40 Recreation Newman Tennis Center 2,000,000 I42 Recreation Diamond Lakes Regional 2,750,000 I44 Recreation McDuffie Woods Park 300,000 I46 Recreation Brigham Com. Center 300,000 I51 Recreation Butler Creek 250,000 I55 Recreation Eisenhower Park 250,000 I58 Recreation Blythe Community Pk 250,000 I60 Recreation McBean Community Pk 250,000 I61 Recreation Program Administration 1,000,000 I64 Recreation Boathouse Rowing Center 400,000 Recreation Splash Pad Water Playground Initiative 1,850,000 Recreation Playgound Unit Replacement Initiative 2,000,000 Recreation HVAC Upgrades 500,000 Recreation City-Wide Cemetery Improvements 500,000 Recreation City-Wide Park Facility Improvements 500,000 Recreation City-Wide Park Signage Initiative 300,000 Recreation City-Wide Site Improvements 500,000 Recreation City-Wide Multi-Purpose Court Upgrades 500,000 Recreation City-Wide Swimming Pool Renovations 500,000 TOTAL 19,000,000$ Attachment number 2 \nPage 9 of 15 Item # 3 Augusta Georgia SPLOST VII Project list Key Department Project Amount J1 Sheriff Digital In-car Video System 407,000$ J2 Sheriff HD Body Cameras 332,000 J4 Sheriff Downtown Video Security Enhancement 700,000 Total 1,439,000$ Attachment number 2 \nPage 10 of 15 Item # 3 Augusta Georgia SPLOST VII Project list Key Department Project Amount K1 Hephzibah Facilities for Agricultural Center & Arena 1,800,000$ K2 Hephzibah Equipment to Automate Water Meter Reading 220,000 K3 Hephzibah Bike Lanes 200,000 K4 Hephzibah Windsor Spring and Roadway Beautification 100,000 K5 Hephzibah Water Dept. Vehicles & Equipment 145,000 K6 Hephzibah Vehicles & Equip. for Public Safety 125,000 K7 Hephzibah Sewer to Connect to Augusta - K8 Hephzibah Vehicles & Equipment for Fire & EMS 385,000 K9 Hephzibah Fire Dept. New Facilities 950,000 K10 Hephzibah Recreational Multi-use Facility 4,450,000 TOTAL 8,375,000$ Attachment number 2 \nPage 11 of 15 Item # 3 Augusta Georgia SPLOST VII Project list Key Department Project Amount L1 City of Blythe Water system upgrades 350,000$ L2 City of Blythe Road Improvements 300,000 L3 City of Blythe Police Vehicles & Equipment/Computers 125,000 L4 City of Blythe Community Building/Library/Park 900,000 L5 City of Blythe WIFI access 50,000 L6 City of Blythe IT upgrades 50,000 L7 City of Blythe Paving roads 100,000 L8 City of Blythe Non Public Safety Vehicles and equipment 100,000 L9 City of Blythe Additional Water Systems Upgrades - Total 1,975,000$ Attachment number 2 \nPage 12 of 15 Item # 3 Augusta Georgia SPLOST VII Project list Key Department Project Amount M1 Canal Authority Canal Improvement 2,500,000$ M2 Development Authority Augusta Corporate Park Access Road 1,250,000 M3 Development Authority Economic Development Industrial Infrastructure 500,000 Downtown Development Authority Surface Parking Lot 1,500,000 Total 5,750,000$ Attachment number 2 \nPage 13 of 15 Item # 3 Augusta Georgia SPLOST VII Project list Key Department Project Amount N1 Library Maxwell Branch Library -$ N2 Library Friedman Branch Library - N3 Library Wallace Branch Library - N4 Library Appleby Branch Library - Total 2,000,000$ Allocation to be determined Attachment number 2 \nPage 14 of 15 Item # 3 Augusta Georgia SPLOST VII Project list Key Agency Project Amount P1 Augusta Regional Collaborative Corp The Mills District 5,250,000$ P2 Greater Augusta Arts Council ART Space 750,000 P3 Greater Augusta Arts Council Public Arts Master Plan 25,000 P4 Greater Augusta Arts Council Augusta Public Art Implementation 2,000,000 P5 Imperial Theatre Theatre Renovation 2,500,000 P6 Augusta Symphony Miller Theater 4,250,000 P7 Paine College The James Brown Community & Fine Arts Cultural Center 6,000,000 P9 Augusta Museum of History Building Expansion 500,000 P11 Southeastern Natural Sciences Academy Phinizy Swamp Nature Park 500,000 Total 21,775,000$ Attachment number 2 \nPage 15 of 15 Item # 3 Engineering Services Committee Meeting 4/28/2014 1:00 PM Award Southeastern Tank contract for Augusta Utilities Department Bid- Item 14-128 Department:Augusta Utilities Department Caption:Approve award to Southeastern Tank in the amount of $46,400.00 for Bid Item 14-128, Morgan Road Ground Water Storage Tank Installation of Water Storage Tank Mixer. Background:The Morgan Road Tank is a 5 million gallon ground storage tank that provides an alternate feed to Fort Gordon. Because of the large volume of this tank, it is necessary to provide mixing to prevent stratification and maintain chlorine residual. Installation of a water storage tank mixer will remedy this issue. Analysis:Southeastern Tank was found to be the lowest responsible bidder and therefore have been recommended for the award of this contract. Financial Impact:The amount submitted for this project was $46,400.00. These funds are available from the following account: 507043490- 5212115 / 81000010-5212115. Alternatives:No alternatives are recommended. Recommendation:It is recommended that the contract for Southeastern Tank services be approved for $46,400.00. Funds are Available in the Following Accounts: $46,400.00 from account 507043490-5212115 / 81000010- 5212115. REVIEWED AND APPROVED BY: Finance. Procurement. Law. Cover Memo Item # 4 Administrator. Clerk of Commission Cover Memo Item # 4 Invitation to Bid Sealed bids will be received at this office on Thursday, March 6, 2014 @ 3:00 p.m. for furnishing: Bid Item 14-128 Morgan Road Ground Water Storage Tank Installation of Water Storage Tank Mixer for Utilities Department Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30901 706-821-2422 Bid documents may be examined at the office of the Augusta, GA Procurement Department, 530 Greene Street – Room 605, Augusta, GA 30901. Plans and specifications for the project shall be obtained by all prime, subcontractors and suppliers exclusively from ARC Southern. The fees for the plans and specifications which are non-refundable is $50.00. It is the wish of the Owner that all businesses are given the opportunity to submit on this project. To facilitate this policy the Owner is providing the opportunity to view plans online (www.e-arc.com) at no charge through ARC Southern (706 821-0405) beginning Thursday, January 23, 2014. Bidders are cautioned that submitting a package without Procurement of a complete set are likely to overlook issues of construction phasing, delivery of goods or services, or coordination with other work that is material to the successful completion of the project. Bidders are cautioned that acquisition of documents through any other source is not advisable. Acquisition of documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. A Mandatory Pre Bid Conference will be held on Friday, February 14, 2014 @ 10:00 a.m. in the Procurement Department, 530 Greene Street, Room 605. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Tuesday, February 18, 2014 @ 5:00 p.m. No bid will be accepted by fax, all must be received by mail or hand delivered. No Bid may be withdrawn for a period of 60 days after time has been called on the date of opening. . A 10% Bid bond is required to be submitted along with the bidders’ qualifications; a 100% performance bond and a 100% payment bond will be required for award. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. GERI A. SAMS, Procurement Director Augusta Chronicle January 23, 30, February 6, 13, 2014 Metro Courier January 29, 2014 Revised: 8/15/2011 Attachment number 1 \nPage 1 of 1 Item # 4 UNOFFICIAL Vendors SOUTHEASTERN TANK 60 VESTA RD LEBANON, TN 37090 Attachment B Yes E-Verify Number 158269 SAVE Form Yes Bid Bond Yes Addendum 1-2 Yes Bid Price $46,400.00 The following vendors did not respond: VIKING ENGINEERING & CONSTRUCTION MANAGEMENT / 118 MALONE ST / SANDERSVILLE, GA 31082 LAKESHORE ENGINEERING / 1259 ELLSWORTH DR / ATLANTA, GA 30318 PROCESS SOLUTIONS / 2613 BURNTFORK DR / CLEARWATER, FL 33701 Bid Item #14-128 Morgan Road Ground Water Storage Tank Installation of Water Storage Tank Mixer for the City of Augusta - Utilties Department Bid Opening Date: Thursday, March 13, 2014 @ 3:00 p.m. Page 1 of 1 Attachment number 2 \nPage 1 of 1 Item # 4 Attachment number 3 \nPage 1 of 2 Item # 4 Attachment number 3 \nPage 2 of 2 Item # 4 Attachment number 4 \nPage 1 of 1 Item # 4 Attachment number 5 \nPage 1 of 2 Item # 4 Attachment number 5 \nPage 2 of 2 Item # 4 Engineering Services Committee Meeting 4/28/2014 1:00 PM Contract with Georgia EPD for Drinking Water Laboratory Services Department:Utilities Caption:Authorize the three year renewal of an agreement between the Georgia EPD and Augusta for regulatory testing of drinking water at a cost of $32,500 per year for the period covering July 1, 2013 to June 30, 2016. Background:The renewal of this agreement provides for the Georgia EPD to perform various laboratory analyses on our drinking water as required by the US EPA Safe Drinking Water Act and the associated Georgia Rules for Safe Drinking Water. This renewal will cover a three year period from July 1, 2013 to June 30, 2016. Analysis:With the EPD performing the tests, the results are fully acceptable to all state and federal agencies. The fees charged by the EPD are considerably less than those charged by certified laboratories in the private sector. Financial Impact:Funding for this work is included in our annual budget line item 506043570-5213115 Alternatives:No alternatives are recommended. Recommendation:We recommend the Commission authorize the renewal of the agreement between the Georgia EPD and Augusta for regulatory testing at a cost of $32,500 per year for the period covering July 1, 2013 to June 30, 2016. Funds are Available in the Following Accounts: 506043570-5213115 REVIEWED AND APPROVED BY: Cover Memo Item # 5 Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 5 Engineering Services Committee Meeting 4/28/2014 1:00 PM CSX613700 Railroad Crossing Agreement Department:Augusta Utilities Department Caption:Motion to approve CSX613700 Railroad Crossing Agreement for the AUD#10153 Project - Gordon Highway 24" Water Main. Background:The Augusta Utilities Department will be constructing a new 24" Water Main alongside Gordon Highway. The route of the water main necessitates crossing under a railroad track owned by CSX Transportation, Inc. Analysis:CSX Transportation has approved the engineering design and proffered their standard agreement. Financial Impact:$2750.00 Alternatives:Deny the motion to approve CSX613700 Railroad Crossing Agreement for the AUD#10153 Project - Gordon Highway 24" Water Main and reroute the pipeline. Recommendation:Approve the motion to approve CSX613700 Railroad Crossing Agreement for the AUD#10153 Project - Gordon Highway 24" Water Main. Funds are Available in the Following Accounts: 511043410-5411120/80310153-5411120 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 6 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX613700 Page 1 of 15 ø FACILITY ENCROACHMENT AGREEMENT THIS AGREEMENT, made and effective March 3, 2014, by and between CSX TRANSPORTATION, INC, a Virginia corporation, whose mailing address is 500 Water Street, Jacksonville, Florida 32202, hereinafter called "Licensor," and AUGUSTA COMMISSION, a municipal corporation, political subdivision or state agency, under the laws of the State of Georgia, whose mailing address is 360 Bay Street, Suite 180, Augusta, Georgia 30901, hereinafter called "Licensee," WITNESSETH: WHEREAS, Licensee desires to construct (unless previously constructed and designated as existing herein), use and maintain the below described facility(ies), hereinafter called "Facilities," over, under or across property owned or controlled by Licensor, at the below described location(s): 1. One (1) twenty-four inch (24'') diameter sub-grade pipeline crossing, solely for the conveyance of potable water, located at or near Augusta, Richmond County, Georgia, Atlanta Division, Georgia Subdivision, Milepost YYG-10.11, Latitude N33:26:35.15, Longitude W82:07:26.35; hereinafter, collectively, called the ''Encroachment,'' as shown on print(s) labeled Exhibit "A," attached hereto and made a part hereof; NOW, THEREFORE, in consideration of the mutual covenants, conditions, terms and agreements herein contained, the parties hereto agree and covenant as follows: 1. LICENSE: 1.1 Subject to Article 17, Licensor, insofar as it has the legal right, power and authority to do so, and its present title permits, and subject to: (A) Licensor's present and future right to occupy, possess and use its property within the area of the Encroachment for any and all purposes; (B) All encumbrances, conditions, covenants, easements, and limitations applicable to Licensor's title to or rights in the subject property; and (C) Compliance by Licensee with the terms and conditions herein contained; does hereby license and permit Licensee to construct, maintain, repair, renew, operate, use, alter or change the Facilities at the Encroachment above for the term herein stated, and to remove same upon termination. 1.2 The term Facilities, as used herein, shall include only those structures and ancillary facilities devoted exclusively to the transmission usage above within the Encroachment, and as shown on attached plan(s). Attachment number 1 \nPage 1 of 15 Item # 6 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX613700 Page 2 of 15 ø 1.3 No additional structures or other facilities shall be placed, allowed, or maintained by Licensee in, upon or on the Encroachment except upon prior separate written consent of Licensor. 2. ENCROACHMENT FEE; TERM: 2.1 Licensee shall pay Licensor a one-time nonrefundable Encroachment Fee of FIVE HUNDRED AND 00/100 U.S. DOLLARS ($500.00) upon execution of this Agreement. Licensee agrees that the Encroachment Fee applies only to the original Licensee under this Agreement. In the event of a successor (by merger, consolidation, reorganization and/or assignment) or if the original Licensee changes its name, then Licensee shall be subject to payment of Licensor's current administrative and document preparation fees for the cost incurred by Licensor in preparing and maintaining this Agreement on a current basis. 2.2 However, Licensee assumes sole responsibility for, and shall pay directly (or reimburse Licensor), any additional annual taxes and/or periodic assessments levied against Licensor or Licensor's property solely on account of said Facilities or Encroachment. 2.3 This Agreement shall terminate as herein provided, but shall also terminate upon: (a) Licensee's cessation of use of the Facilities or Encroachment for the purpose(s) above; (b) removal of the Facilities; (c) subsequent mutual consent; and/or (d) failure of Licensee to complete installation within five (5) years from the effective date of this Agreement. 2.4 In further consideration for the license or right hereby granted, Licensee hereby agrees that Licensor shall not be charged or assessed, directly or indirectly, with any part of the cost of the installation of said Facilities and appurtenances, and/or maintenance thereof, or for any public works project of which said Facilities is a part. 3. CONSTRUCTION, MAINTENANCE AND REPAIRS: 3.1 Licensee shall construct, maintain, relocate, repair, renew, alter, and/or remove the Facilities, in a prudent, workmanlike manner, using quality materials and complying with any applicable standard(s) or regulation(s) of Licensor (A.R.E.M.A. Specifications), or Licensee's particular industry, National Electrical Safety Code, or any governmental or regulatory body having jurisdiction over the Encroachment. 3.2 Location and construction of Facilities shall be made strictly in accordance with design(s) and specifications furnished to and approved by Licensor and of material(s) and size(s) appropriate for the purpose(s) above recited. 3.3 All of Licensee's work, and exercise of rights hereunder, shall be undertaken at time(s) satisfactory to Licensor, and so as to eliminate or minimize any impact on or interference with the safe use and operation of Licensor's property and appurtenances thereto. Attachment number 1 \nPage 2 of 15 Item # 6 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX613700 Page 3 of 15 ø 3.4 In the installation, maintenance, repair and/or removal of said Facilities, Licensee shall not use explosives of any type or perform or cause any blasting without the separate express written consent of Licensor. As a condition to such consent, a representative will be assigned by Licensor to monitor blasting, and Licensee shall reimburse Licensor for the entire cost and/or expense of furnishing said monitor. 3.5 Any repairs or maintenance to the Facilities, whether resulting from acts of Licensee, or natural or weather events, which are necessary to protect or facilitate Licensor's use of its property, shall be made by Licensee promptly, but in no event later than thirty (30) days after Licensee has notice as to the need for such repairs or maintenance. 3.6 Licensor, in order to protect or safeguard its property, rail operations, equipment and/or employees from damage or injury, may request immediate repair or renewal of the Facilities, and if the same is not performed, may make or contract to make such repairs or renewals, at the sole risk, cost and expense of Licensee. 3.7 Neither the failure of Licensor to object to any work done, material used, or method of construction or maintenance of said Encroachment, nor any approval given or supervision exercised by Licensor, shall be construed as an admission of liability or responsibility by Licensor, or as a waiver by Licensor of any of the obligations, liability and/or responsibility of Licensee under this Agreement. 3.8 All work on the Encroachment shall be conducted in accordance with Licensor's safety rules and regulations. 3.9 Licensee hereby agrees to reimburse Licensor any loss, cost or expense (including losses resulting from train delays and/or inability to meet train schedules) arising from any failure of Licensee to make repairs or conduct maintenance as required by Section 3.5 above or from improper or incomplete repairs or maintenance to the Facilities or Encroachment. 4. PERMITS, LICENSES: 4.1 Before any work hereunder is performed, or before use of the Encroachment for the contracted purpose, Licensee, at its sole cost and expense, shall obtain all necessary permit(s) (including but not limited to zoning, building, construction, health, safety or environmental matters), letter(s) or certificate(s) of approval. Licensee expressly agrees and warrants that it shall conform and limit its activities to the terms of such permit(s), approval(s) and authorization(s), and shall comply with all applicable ordinances, rules, regulations, requirements and laws of any governmental authority (State, Federal or Local) having jurisdiction over Licensee's activities, including the location, contact, excavation and protection regulations of the Occupational Safety and Health Act (OSHA) (29 CFR 1926.651(b)), et al., and State "One Call" - "Call Before You Dig" requirements. 4.2 Licensee assumes sole responsibility for failure to obtain such permit(s) or approval(s), for any violations thereof, or for costs or expenses of compliance or remedy. Attachment number 1 \nPage 3 of 15 Item # 6 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX613700 Page 4 of 15 ø 5. MARKING AND SUPPORT: 5.1 With respect to any subsurface installation or maintenance upon Licensor's property, Licensee, at its sole cost and expense, shall: (A) support track(s) and roadbed in a manner satisfactory to Licensor; (B) backfill with satisfactory material and thoroughly tamp all trenches to prevent settling of surface of land and roadbed of Licensor; and (C) either remove any surplus earth or material from Licensor's property or cause said surplus earth or material to be placed and distributed at location(s) and in such manner Licensor may approve. 5.2 After construction or maintenance of the Facilities, Licensee shall: (A) Restore any track(s), roadbed and other disturbed property; and (B) Erect, maintain and periodically verify the accuracy of aboveground markers, in a form approved by Licensor, indicating the location, depth and ownership of any underground Facilities or related facilities. 5.3 Licensee shall be solely responsible for any subsidence or failure of lateral or subjacent support in the Encroachment area for a period of three (3) years after completion of installation. 6. TRACK CHANGES: 6.1 In the event that rail operations and/or track maintenance result in changes in grade or alignment of, additions to, or relocation of track(s) or other facilities, or in the event future use of Licensor's rail corridor or property necessitate any change of location, height or depth in the Facilities or Encroachment, Licensee, at its sole cost and expense and within thirty (30) days after notice in writing from Licensor, shall make changes in the Facilities or Encroachment to accommodate such track(s) or operations. 6.2 If Licensee fails to do so, Licensor may make or contract to make such changes at Licensee's cost. 7. FACILITY CHANGES: 7.1 Licensee shall periodically monitor and verify the depth or height of the Facilities or Encroachment in relation to the existing tracks and facilities, and shall relocate the Facilities or change the Encroachment, at Licensee's expense, should such relocation or change be necessary to comply with the minimum clearance requirements of Licensor. Attachment number 1 \nPage 4 of 15 Item # 6 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX613700 Page 5 of 15 ø 7.2 If Licensee undertakes to revise, renew, relocate or change in any manner whatsoever all or any part of the Facilities (including any change in voltage or gauge of wire or any change in circumference, diameter or radius of pipe or change in materials transmitted in and through said pipe), or is required by any public agency or court order to do so, plans therefor shall be submitted to Licensor for approval before such change. After approval, the terms and conditions of this Agreement shall apply thereto. 8. INTERFERENCE WITH RAIL FACILITIES: 8.1 Although the Facilities/Encroachment herein permitted may not presently interfere with Licensor's railroad or facilities, in the event that the operation, existence or maintenance of said Facilities, in the sole judgment of Licensor, causes: (a) interference (including, but not limited to, physical or interference from an electromagnetic induction, or interference from stray or other currents) with Licensor's power lines, communication, signal or other wires, train control system, or electrical or electronic apparatus; or (b) interference in any manner, with the operation, maintenance or use of the rail corridor, track(s), structures, pole line(s), devices, other property, or any appurtenances thereto; then and in either event, Licensee, upon receipt of written notice from Licensor of any such interference, and at Licensee's sole risk, cost and expense, shall promptly make such changes in its Facilities or installation, as may be required in the reasonable judgment of the Licensor to eliminate all such interference. Upon Licensee's failure to remedy or change, Licensor may do so or contract to do so at Licensee's sole cost. 8.2 Without assuming any duty hereunder to inspect the Facilities, Licensor hereby reserves the right to inspect same and to require Licensee to undertake repairs, maintenance or adjustments to the Facilities, which Licensee hereby agrees to make promptly, at Licensee's sole cost and expense. 9. RISK, LIABILITY, INDEMNITY: With respect to the relative risk and liabilities of the parties, it is hereby agreed that: 9.1 To the fullest extent permitted by State law (constitutional or statutory, as amended), Licensee hereby agrees to, defend, indemnify, and hold Licensor harmless from and against any and all liability, loss, claim, suit, damage, charge or expense which Licensor may suffer, sustain, incur or in any way be subjected to, on account of death of or injury to any person whomsoever (including officers, agents, employees or invitees of Licensor), and for damage to or loss of or destruction of any property whatsoever, arising out of, resulting from, or in any way connected with the construction, repair, maintenance, replacement, presence, existence, operations, use or removal of the Facilities or any structure in connection therewith, or restoration of premises of Licensor to good order or condition after removal, EXCEPT when proven to have been caused solely by the willful misconduct or gross negligence of Licensor. Attachment number 1 \nPage 5 of 15 Item # 6 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX613700 Page 6 of 15 ø HOWEVER, to the fullest extent permitted by State law, during any period of actual construction, repair, maintenance, replacement or removal of the Facilities, wherein agents, equipment or personnel of Licensee are on the railroad rail corridor, Licensee's liability hereunder shall be absolute, irrespective of any joint, sole or contributory fault or negligence of Licensor. 9.2 Use of Licensor's rail corridor involves certain risks of loss or damage as a result of the rail operations. Notwithstanding Section 9.1, Licensee expressly assumes all risk of loss and damage to Licensee's Property or the Facilities in, on, over or under the Encroachment, including loss of or any interference with use or service thereof, regardless of cause, including electrical field creation, fire or derailment resulting from rail operations. For this Section, the term "Licensee's Property" shall include property of third parties situated or placed upon Licensor's rail corridor by Licensee or by such third parties at request of or for benefit of Licensee. 9.3 To the fullest extent permitted by State law, as above, Licensee assumes all responsibility for, and agrees to defend, indemnify and hold Licensor harmless from: (a) all claims, costs and expenses, including reasonable attorneys' fees, as a consequence of any sudden or nonsudden pollution of air, water, land and/or ground water on or off the Encroachment area, arising from or in connection with the use of this Encroachment or resulting from leaking, bursting, spilling, or any escape of the material transmitted in or through the Facilities; (b) any claim or liability arising under federal or state law dealing with either such sudden or nonsudden pollution of air, water, land and/or ground water arising therefrom or the remedy thereof; and (c) any subsidence or failure of lateral or subjacent support of the tracks arising from such Facilities leakage. 9.4 Notwithstanding Section 9.1, Licensee also expressly assumes all risk of loss which in any way may result from Licensee's failure to maintain either required clearances for any overhead Facilities or the required depth and encasement for any underground Facilities, whether or not such loss(es) result(s) in whole or part from Licensor's contributory negligence or joint fault. 9.5 Obligations of Licensee hereunder to release, indemnify and hold Licensor harmless shall also extend to companies and other legal entities that control, are controlled by, subsidiaries of, or are affiliated with Licensor, as well as any railroad that operates over the rail corridor on which the Encroachment is located, and the officers, employees and agents of each. 9.6 If a claim is made or action is brought against Licensor, and/or its operating lessee, for which Licensee may be responsible hereunder, in whole or in part, Licensee shall be notified to assume the handling or defense of such claim or action; but Licensor may participate in such handling or defense. 9.7 Notwithstanding anything contained in this Agreement, the limitation of liability contained in the state statutes, as amended from time to time, shall not limit Licensor's ability to collect under the insurance policies required to be maintained under this Agreement. Attachment number 1 \nPage 6 of 15 Item # 6 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX613700 Page 7 of 15 ø 10. INSURANCE: 10.1 Prior to commencement of surveys, installation or occupation of premises pursuant to this Agreement, Licensee shall procure and shall maintain during the continuance of this Agreement, at its sole cost and expense, a policy of (i) Statutory Worker's Compensation and Employers Liability Insurance with available limits of not less than ONE MILLION AND 00/100 U.S. DOLLARS ($1,000,000.00), which must contain a waiver of subrogation against CSXT and its Affiliates; (ii) Commercial General Liability coverage (inclusive of contractual liability) with available limits of not less than FIVE MILLION AND 00/100 U.S. DOLLARS ($5,000,000.00), naming Licensor, and/or its designee, as additional insured and in combined single limits for bodily injury and property damage and covering the contractual liabilities assumed under this Agreement. The evidence of insurance coverage shall be endorsed to provide for thirty (30) days' notice to Licensor, or its designee, prior to cancellation or modification of any policy. Mail CGL certificate, along with agreement, to CSX Transportation, Inc., Speed Code J180, 500 Water Street, Jacksonville, FL 32202. On each successive year, send certificate to RenewalCOI@csx.com. (iii) Business automobile liability insurance with available limits of not less than ONE MILLION AND 00/100 U.S. DOLLARS ($1,000,000.00) combined single limit for bodily injury and/or property damage per occurrence; (iv) Such other insurance as Licensor may reasonably require. 10.2 If Licensee's existing CGL policy(ies) do(es) not automatically cover Licensee's contractual liability during periods of survey, installation, maintenance and continued occupation, a specific endorsement adding such coverage shall be purchased by Licensee. If said CGL policy is written on a "claims made" basis instead of a "per occurrence" basis, Licensee shall arrange for adequate time for reporting losses. Failure to do so shall be at Licensee's sole risk. 10.3 Licensor, or its designee, may at any time request evidence of insurance purchased by Licensee to comply with this Agreement. Failure of Licensee to comply with Licensor's request shall be considered a default by Licensee. 10.4 Securing such insurance shall not limit Licensee's liability under this Agreement, but shall be security therefor. Attachment number 1 \nPage 7 of 15 Item # 6 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX613700 Page 8 of 15 ø 10.5 (A) In the event Licensee finds it necessary to perform construction or demolition operations within fifty feet (50') of any operated railroad track(s) or affecting any railroad bridge, trestle, tunnel, track(s), roadbed, overpass or underpass, Licensee shall: (a) notify Licensor; and (b) require its contractor(s) performing such operations to procure and maintain during the period of construction or demolition operations, at no cost to Licensor, Railroad Protective Liability (RPL) Insurance, naming Licensor, and/or its designee, as Named Insured, written on the current ISO/RIMA Form (ISO Form No. CG 00 35 01 96) with limits of FIVE MILLION AND 00/100 U.S. DOLLARS ($5,000,000.00) per occurrence for bodily injury and property damage, with at least TEN MILLION AND 00/100 U.S. DOLLARS ($10,000,000.00) aggregate limit per annual policy period, with Pollution Exclusion Amendment (ISO CG 28 31 11 85) if an older ISO Form CG 00 35 is used. The original of such RPL policy shall be sent to and approved by Licensor prior to commencement of such construction or demolition. Licensor reserves the right to demand higher limits. (B) At Licensor's option, in lieu of purchasing RPL insurance from an insurance company (but not CGL insurance), Licensee may pay Licensor, at Licensor's current rate at time of request, the cost of adding this Encroachment, or additional construction and/or demolition activities, to Licensor's Railroad Protective Liability (RPL) Policy for the period of actual construction. This coverage is offered at Licensor's discretion and may not be available under all circumstances. 10.6 Notwithstanding the provisions of Sections 10.1 and 10.2, Licensee, pursuant to State Statute(s), may self-insure or self-assume, in any amount(s), any contracted liability arising under this Agreement, under a funded program of self-insurance, which fund will respond to liability of Licensee imposed by and in accordance with the procedures established by law. 11. GRADE CROSSINGS; FLAGGING: 11.1 Nothing herein contained shall be construed to permit Licensee or Licensee's contractor to move any vehicles or equipment over the track(s), except at public road crossing(s), without separate prior written approval of Licensor (CSXT Form 7422). 11.2 If Licensor deems it advisable, during any construction, maintenance, repair, renewal, alteration, change or removal of said Facilities, to place watchmen, flagmen, inspectors or supervisors for protection of operations of Licensor or others on Licensor's rail corridor at the Encroachment, and to keep persons, equipment or materials away from the track(s), Licensor shall have the right to do so at the expense of Licensee, but Licensor shall not be liable for failure to do so. 11.3 Subject to Licensor's consent and to Licensor's Railroad Operating Rules and labor agreements, Licensee may provide flagmen, watchmen, inspectors or supervisors during all times of construction, repair, maintenance, replacement or removal, at Licensee's sole risk and expense; and in such event, Licensor shall not be liable for the failure or neglect of such watchmen, flagmen, inspectors or supervisors. Attachment number 1 \nPage 8 of 15 Item # 6 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX613700 Page 9 of 15 ø 12. LICENSOR'S COSTS: 12.1 Any additional or alternative costs or expenses incurred by Licensor to accommodate Licensee's continued use of Licensor's property as a result of track changes or wire changes shall also be paid by Licensee. 12.2 Licensor's expense for wages ("force account" charges) and materials for any work performed at the expense of Licensee pursuant hereto shall be paid by Licensee within thirty (30) days after receipt of Licensor's bill therefor. Licensor may, at its discretion, request an advance deposit for estimated Licensor costs and expenses. 12.3 Such expense shall include, but not be limited to, cost of railroad labor and supervision under "force account" rules, plus current applicable overhead percentages, the actual cost of materials, and insurance, freight and handling charges on all material used. Equipment rentals shall be in accordance with Licensor's applicable fixed rate. Licensor may, at its discretion, require advance deposits for estimated costs of such expenses and costs. 13. DEFAULT, BREACH, WAIVER: 13.1 The proper and complete performance of each covenant of this Agreement shall be deemed of the essence thereof, and in the event Licensee fails or refuses to fully and completely perform any of said covenants or remedy any breach within thirty (30) days after receiving written notice from Licensor to do so (or within forty-eight (48) hours in the event of notice of a railroad emergency), Licensor shall have the option of immediately revoking this Agreement and the privileges and powers hereby conferred, regardless of encroachment fee(s) having been paid in advance for any annual or other period. Upon such revocation, Licensee shall make removal in accordance with Article 14. 13.2 No waiver by Licensor of its rights as to any breach of covenant or condition herein contained shall be construed as a permanent waiver of such covenant or condition, or any subsequent breach thereof, unless such covenant or condition is permanently waived in writing by Licensor. 13.3 Neither the failure of Licensor to object to any work done, material used, or method of construction or maintenance of said Encroachment, nor any approval given or supervision exercised by Licensor, shall be construed as an admission of liability or responsibility by Licensor, or as a waiver by Licensor of any of the obligations, liability and/or responsibility of Licensee under this Agreement. Attachment number 1 \nPage 9 of 15 Item # 6 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX613700 Page 10 of 15 ø 14. TERMINATION, REMOVAL: 14.1 All rights which Licensee may have hereunder shall cease upon the date of (a) termination, (b) revocation, or (c) subsequent agreement, or (d) Licensee's removal of the Facility from the Encroachment. However, neither termination nor revocation of this Agreement shall affect any claims and liabilities which have arisen or accrued hereunder, and which at the time of termination or revocation have not been satisfied; neither party, however, waiving any third party defenses or actions. 14.2 Within thirty (30) days after revocation or termination, Licensee, at its sole risk and expense, shall (a) remove the Facilities from the rail corridor of Licensor, unless the parties hereto agree otherwise, (b) restore the rail corridor of Licensor in a manner satisfactory to Licensor, and (c) reimburse Licensor any loss, cost or expense of Licensor resulting from such removal. 15. NOTICE: 15.1 Licensee shall give Licensor at least thirty (30) days written notice before doing any work on Licensor's rail corridor, except that in cases of emergency shorter notice may be given. Licensee shall provide proper notification as follows: a. For non-emergencies, Licensee shall complete and submit Licensor's Outside Party Number Request Form (Form # OP) by facsimile, to facsimile numbers: (904) 245-3692. Licensee may also scan and email a completed form to email address: OP_Request@csx.com. A blank form, as well as additional instructions and information, can be obtained from Licensor's web site, via web link: http://www.csx.com/share/wwwcsx_mura/assets/File/Customers/Non- freight_Services/Property_Real_Estate/Outside_Party_Number_Request_Form.pdf. b. For emergencies, Licensee shall complete all of the steps outlined in Section 15.1 a. above, and shall also include detailed information of the emergency. Licensee shall also call and report details of the emergency to Licensor's Rail Operations Emergency Telephone Number: 1-800-232-0144. In the event Licensor needs to contact Licensee concerning an emergency involving Licensee's Facility(ies), the emergency phone number for Licensee is: _________________________. 15.2 All other notices and communications concerning this Agreement shall be addressed to Licensee at the address above, and to Licensor at the address shown on Page 1, c/o CSXT Contract Management, J180; or at such other address as either party may designate in writing to the other. 15.3 Unless otherwise expressly stated herein, all such notices shall be in writing and sent via Certified or Registered Mail, Return Receipt Requested, or by courier, and shall be considered delivered upon: (a) actual receipt, or (b) date of refusal of such delivery. Attachment number 1 \nPage 10 of 15 Item # 6 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX613700 Page 11 of 15 ø 16. ASSIGNMENT: 16.1 The rights herein conferred are the privileges of Licensee only, and Licensee shall obtain Licensor's prior written consent to any assignment of Licensee's interest herein; said consent shall not be unreasonably withheld. 16.2 Subject to Sections 2 and 16.1, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors or assigns. 16.3 Licensee shall give Licensor written notice of any legal succession (by merger, consolidation, reorganization, etc.) or other change of legal existence or status of Licensee, with a copy of all documents attesting to such change or legal succession, within thirty (30) days thereof. 16.4 Licensor expressly reserves the right to assign this Agreement, in whole or in part, to any grantee, lessee, or vendee of Licensor's underlying property interests in the Encroachment, upon written notice thereof to Licensee. 16.5 In the event of any unauthorized sale, transfer, assignment, sublicense or encumbrance of this Agreement, or any of the rights and privileges hereunder, Licensor, at its option, may revoke this Agreement by giving Licensee or any such assignee written notice of such revocation; and Licensee shall reimburse Licensor for any loss, cost or expense Licensor may incur as a result of Licensee's failure to obtain said consent. 17. TITLE: 17.1 Licensee understands that Licensor occupies, uses and possesses lands, rights-of-way and rail corridors under all forms and qualities of ownership rights or facts, from full fee simple absolute to bare occupation. Accordingly, nothing in this Agreement shall act as or be deemed to act as any warranty, guaranty or representation of the quality of Licensor's title for any particular Encroachment or segment of Rail Corridor occupied, used or enjoyed in any manner by Licensee under any rights created in this Agreement. It is expressly understood that Licensor does not warrant title to any Rail Corridor and Licensee will accept the grants and privileges contained herein, subject to all lawful outstanding existing liens, mortgages and superior rights in and to the Rail Corridor, and all leases, licenses and easements or other interests previously granted to others therein. 17.2 The term "license," as used herein, shall mean with regard to any portion of the Rail Corridor which is owned by Licensor in fee simple absolute, or where the applicable law of the State where the Encroachment is located otherwise permits Licensor to make such grants to Licensee, a "permission to use" the Rail Corridor, with dominion and control over such portion of the Rail Corridor remaining with Licensor, and no interest in or exclusive right to possess being otherwise granted to Licensee. With regard to any other portion of Rail Corridor occupied, used or controlled by Licensor under any other facts or rights, Licensor merely waives its exclusive right to occupy the Rail Corridor and grants no other rights whatsoever under this Agreement, such waiver continuing only so long as Licensor continues its own occupation, use Attachment number 1 \nPage 11 of 15 Item # 6 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX613700 Page 12 of 15 ø or control. Licensor does not warrant or guarantee that the license granted hereunder provides Licensee with all of the rights necessary to occupy any portion of the Rail Corridor. Licensee further acknowledges that it does not have the right to occupy any portion of the Rail Corridor held by Licensor in less than fee simple absolute without also receiving the consent of the owner(s) of the fee simple absolute estate. Further, Licensee shall not obtain, exercise or claim any interest in the Rail Corridor that would impair Licensor's existing rights therein. 17.3 Licensee agrees it shall not have nor shall it make, and hereby completely and absolutely waives its right to, any claim against Licensor for damages on account of any deficiencies in title to the Rail Corridor in the event of failure or insufficiency of Licensor's title to any portion thereof arising from Licensee's use or occupancy thereof. 17.4 Licensee agrees to fully and completely indemnify and defend all claims or litigation for slander of title, overburden of easement, or similar claims arising out of or based upon the Facilities placement, or the presence of the Facilities in, on or along any Encroachment(s), including claims for punitive or special damages. 17.5 Licensee shall not at any time own or claim any right, title or interest in or to Licensor's property occupied by the Encroachments, nor shall the exercise of this Agreement for any length of time give rise to any right, title or interest in Licensee to said property other than the license herein created. 17.6 Nothing in this Agreement shall be deemed to give, and Licensor hereby expressly waives, any claim of ownership in and to any part of the Facilities. 17.7 Licensee shall not create or permit any mortgage, pledge, security, interest, lien or encumbrances, including without limitation, tax liens and liens or encumbrances with respect to work performed or equipment furnished in connection with the construction, installation, repair, maintenance or operation of the Facilities in or on any portion of the Encroachment (collectively, "Liens or Encumbrances"), to be established or remain against the Encroachment or any portion thereof or any other Licensor property. 17.8 In the event that any property of Licensor becomes subject to such Liens or Encumbrances, Licensee agrees to pay, discharge or remove the same promptly upon Licensee's receipt of notice that such Liens or Encumbrances have been filed or docketed against the Encroachment or any other property of Licensor; however, Licensee reserves the right to challenge, at its sole expense, the validity and/or enforceability of any such Liens or Encumbrances. 18. GENERAL PROVISIONS: 18.1 This Agreement, and the attached specifications, contains the entire understanding between the parties hereto. Attachment number 1 \nPage 12 of 15 Item # 6 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX613700 Page 13 of 15 ø 18.2 Neither this Agreement, any provision hereof, nor any agreement or provision included herein by reference, shall operate or be construed as being for the benefit of any third person. 18.3 Except as otherwise provided herein, or in any Rider attached hereto, neither the form of this Agreement, nor any language herein, shall be interpreted or construed in favor of or against either party hereto as the sole drafter thereof. 18.4 This Agreement is executed under current interpretation of applicable Federal, State, County, Municipal or other local statute, ordinance or law(s). However, each separate division (paragraph, clause, item, term, condition, covenant or agreement) herein shall have independent and severable status for the determination of legality, so that if any separate division is determined to be void or unenforceable for any reason, such determination shall have no effect upon the validity or enforceability of each other separate division, or any combination thereof. 18.5 This Agreement shall be construed and governed by the laws of the state in which the Facilities and Encroachment are located. 18.6 If any amount due pursuant to the terms of this Agreement is not paid by the due date, it will be subject to Licensor's standard late charge and will also accrue interest at eighteen percent (18%) per annum, unless limited by local law, and then at the highest rate so permitted. 18.7 Licensee agrees to reimburse Licensor for all reasonable costs (including attorney's fees) incurred by Licensor for collecting any amount due under the Agreement. 18.8 The provisions of this License are considered confidential and may not be disclosed to a third party without the consent of the other party(s), except: (a) as required by statute, regulation or court order, (b) to a parent, affiliate or subsidiary company, (c) to an auditing firm or legal counsel that are agreeable to the confidentiality provisions, or (d) to Lessees of Licensor's land and/or track who are affected by the terms and conditions of this Agreement and will maintain the confidentiality of this Agreement. 18.9 Licensor shall refund to Licensee any overpayments collected, plus any taxes paid in advance; PROVIDED, however, such refund shall not be made when the cumulative total involved is less than One Hundred Dollars ($100.00). 19. RIDERS: 19.1 The following Rider(s) is/are herewith attached and included herein: [X] Telecommunication Cable or Fiber Optic Line Attachment number 1 \nPage 13 of 15 Item # 6 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX613700 Page 14 of 15 ø IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate (each of which shall constitute an original) as of the effective date of this Agreement. Witness for Licensor: CSX TRANSPORTATION, INC _______________________________ By:_________________________________________ Print/Type Name:_____________________________ Print/Type Title:______________________________ Witness for Licensee: AUGUSTA COMMISSION _______________________________ By:_________________________________________ Who, by the execution hereof, affirms that he/she has the authority to do so and to bind the Licensee to the terms and conditions of this Agreement. Print/Type Name:_____________________________ Print/Type Title:______________________________ Tax ID No.:__________________________________ Authority under Ordinance or Resolution No._______________________________, Dated ______________________________________. Attachment number 1 \nPage 14 of 15 Item # 6 PS - FORM 1001-G REVISED APRIL 29, 2008 AGREEMENT NO. CSX613700 Page 15 of 15 ø COMMUNICATIONS CABLE OR FIBER OPTIC LINE PROTECTION RIDER This Rider is and shall be a part of Agreement No. CSX613700, and is incorporated therein. 1. No construction of any type pursuant or related in any way to this Agreement shall be commenced by Licensee, or by any agent, representative, contractor, subcontractor of Licensee, without Licensee first giving at least thirty (30) days written notice to the following Parallel Cable Occupier(s): ("MCI") ATTN: Investigations Mr. Dean Boyers Worldcom/MCI Telecommunications Corporation 2400 North Glenville Drive Richardson, TX 75082-4354 Phone No. (800) 624-9675 or (972) 729-6016 (NOTE: WRITTEN NOTICE TO MCI IS ALSO REQUIRED) 2. The notice shall be accompanied by drawing(s) showing the general plan, elevation, details and methods of Licensee's proposed construction, and the location of Occupier(s)' cable or facilities in relation to Licensee's proposed construction. 3. Prior to any construction, Licensee must locate and identify, any existing cable, wire or fiber optic line (including any appurtenances thereto) of said cable occupier(s) traversing or located in, on, or immediately adjacent to the proposed Crossing, at Licensee's sole risk. 4. Any changes, alteration, relocation or protection of wire(s), cable(s) or facilities of such Occupier(s), required by said Occupier(s), shall be at Licensee's sole expense except as otherwise negotiated between Licensee and said Occupier(s). 5. Licensee shall be solely responsible and liable for any damage to (e.g., cutting, dislocating, etc.) said wire(s) or cable(s), and appurtenances thereto, resulting in any way from Licensee's exercise of rights or privileges under this Agreement. 6. Licensee shall defend, indemnify and hold Licensor harmless from any such damage claims and any relocation or protection costs of said Occupier(s). Attachment number 1 \nPage 15 of 15 Item # 6 Attachment number 2 \nPage 1 of 2 Item # 6 Attachment number 2 \nPage 2 of 2 Item # 6 CS X 6 1 3 7 0 0 Ex h i b i t B Sh e e t 1 o f 3 12 / 1 0 / 2 0 1 3      CS X PR O P E R T Y SE R V I C E S RE V I E W      No Ex c e p t i o n s        Ex c e p t i o n s No t e d  Th i s re v i e w is fo r th e ge n e r a l co n f o r m a n c e wit h CS X ut i l i t y  de s i g n  sp e c i f i c a t i o n s  on l y .  So l e  re s p o n s i b i l i t y  fo r  all  as p e c t s of th e ov e r a l l de s i g n sh a l l re m a i n wit h th e fa c i l i t y  ow n e r .  Th i s  re v i e w  do e s  no t  co n s t i t u t e  ap p r o v a l  to  pr o c e e d  wit h o u t  me e t i n g  al l  of  CS X ’ s  sa f e t y  an d  co n t r a c t u a l re q u i r e m e n t s .  By :  __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _  X Attachment number 3 \nPage 1 of 3 Item # 6 CS X 6 1 3 7 0 0 Ex h i b i t B Sh e e t 2 o f 3 12 / 1 0 / 2 0 1 3     CS X PR O P E R T Y SE R V I C E S RE V I E W     No Ex c e p t i o n s        Ex c e p t i o n s No t e d  Th i s re v i e w is fo r th e ge n e r a l co n f o r m a n c e wit h CS X ut i l i t y  de s i g n  sp e c i f i c a t i o n s  on l y .  So l e  re s p o n s i b i l i t y  fo r  all  as p e c t s of th e ov e r a l l de s i g n sh a l l re m a i n wit h th e fa c i l i t y  ow n e r .  Th i s  re v i e w  do e s  no t  co n s t i t u t e  ap p r o v a l  to  pro c e e d  wit h o u t  me e t i n g  all  of  CS X ’ s  sa f e t y  an d  co n t r a c t u a l re q u i r e m e n t s .  By : __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _  X Attachment number 3 \nPage 2 of 3 Item # 6 CS X 6 1 3 7 0 0 Ex h i b i t B Sh e e t 3 o f 3 12 / 1 0 / 2 0 1 3      CS X PR O P E R T Y SE R V I C E S RE V I E W      No Ex c e p t i o n s        Ex c e p t i o n s No t e d  Th i s re v i e w is fo r th e ge n e r a l co n f o r m a n c e wit h CS X ut i l i t y  de s i g n  sp e c i f i c a t i o n s  on l y .  So l e  re s p o n s i b i l i t y  fo r  all  as p e c t s ofth e ov e r a l l de s i g n sh a l l re m a i n wit h th e fa c i l i t y  ow n e r .  Th i s  re v i e w  do e s  no t  co n s t i t u t e  ap p r o v a l  to  pr o c e e d  wi t h o u t  me e t i n g  al l  of  CS X ’ s  sa f e t y  an d  co n t r a c t u a l re q u i r e m e n t s .  By :  __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _  X Attachment number 3 \nPage 3 of 3 Item # 6 Engineering Services Committee Meeting 4/28/2014 1:00 PM Highland Avenue Traffic Safety Issues Department:Clerk of Commission Caption:Report from Traffic Engineering staff regarding the three options available and the identification of a funding source concerning the resolution of the traffic safety issues on Highland Avenue. (Referred from the March 24, 2014 Engineering Services Committee) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 7 Engineering Services Committee Meeting 4/28/2014 1:00 PM Minutes Department:Clerk of Commission Caption:Motion to approve the minutes of the Engineering Services Committee held on March 24, 2014. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 8 Attachment number 1 \nPage 1 of 5 Item # 8 Attachment number 1 \nPage 2 of 5 Item # 8 Attachment number 1 \nPage 3 of 5 Item # 8 Attachment number 1 \nPage 4 of 5 Item # 8 Attachment number 1 \nPage 5 of 5 Item # 8 Engineering Services Committee Meeting 4/28/2014 1:00 PM Motion to Authorize Condemnation -James F. Williams Department:Law Caption:Motion to authorize condemnation to acquire title of a portion of property for right of way and temporary easement, (Parcel 061-1- 163-00-0) 701 Albany Avenue. Background:Despite repeated efforts, the City has been unable to reach an agreement with the property owner and therefore seeks to acquire title through condemnation. In order to proceed and avoid further project delays, it is necessary to condemn a portion of subject property. The required property consists of 53.66 square feet of right of way and 98.26 square feet of temporary easement. The appraised value is $64.00 Analysis:Condemnation is necessary in order to acquire the required property. Financial Impact:The necessary costs will be covered under the project budget. Alternatives:Deny condemnation. Recommendation:Approve condemnation. Funds are Available in the Following Accounts: FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNTS: G/L 328-041110-52.12122 J/L 211828101-52.12122 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 9 AGENDA ITEM ______________ EDITION ______________ DATE: April 16, 2014 TO: The Honorable Deke Copenhaver, Mayor Members of the Augusta Commission/Members of the Public Services Committee FROM: Daniel W. Hamilton and Andrew McKenzie, General Counsel SUBJECT: Acquisition of right of way and temporary easement to Richmond County, Georgia from James F. Williams CAPTION: Motion to authorize condemnation to acquire title of a portion of property for right of way and temporary easement, (Parcel 061-1- 163-00-0) 701 Albany Avenue. BACKGROUND: Despite repeated efforts, the City has been unable to reach an agreement with the property owner and therefore seeks to acquire title through condemnation. In order to proceed and avoid further project delays, it is necessary to condemn a portion of subject property. The required property consists of 53.66 square feet of right of way and 98.26 square feet of temporary easement. The appraised value is $64.00 ANALYSIS: Condemnation is necessary in order to acquire the required property. FINANCIAL IMPACT: The necessary costs will be covered under the project budget. ALTERNATIVES: Deny condemnation. RECOMMENDATION: Approve condemnation. AGENDA DATE: April 28, 2014 DEPARTMENT FUNDS ARE AVAILABLE IN THE DIRECTOR:_________________________ FOLLOWING ACCOUNTS: G/L 328-041110-52.12122 ADMINISTRATOR:____________________ J/L 211828101-52.12122 FINANCE:__________________________ Attachment number 1 \nPage 1 of 1 Item # 9 Engineering Services Committee Meeting 4/28/2014 1:00 PM Motion to Authorize Condemnation to Acquire Portion of Propety - Energy Way Department:Law Caption:Motion to authorize condemnation to acquire title of a portion of property in fee simple and permanent construction and maintenance easement (Parcel 209-0-047-00-0) 4646 Windsor Spring Road. Background:The City cannot determine clear title. Therefore the City seeks to acquire title through condemnation. In order to proceed and avoid further project delays, it is necessary to condemn a portion of subject property. The required property consists of 784.07 square feet in fee and 473.80 square feet of permanent construction and maintenance easement. The appraised value is $500.00. Analysis:Condemnation is necessary in order to acquire the required property. Financial Impact:Condemnation is necessary in order to acquire the required property. Alternatives:Deny condemnation. Recommendation:Approve condemnation. Funds are Available in the Following Accounts: FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNTS: G/L 323041110-52.12122 J/L 299823786-52.12122 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 10 AGENDA ITEM ______________ EDITION ______________ DATE: April 16, 2014 TO: The Honorable Deke Copenhaver, Mayor Members of the Augusta Commission/Members of the Engineering Services Committee FROM: Daniel W. Hamilton and Andrew MacKenzie, General Counsel SUBJECT: Acquisition of a portion of the property in fee simple and permanent construction and maintenance easement to Richmond County, Georgia from Energy Way. CAPTION: Motion to authorize condemnation to acquire title of a portion of property in fee simple and permanent construction and maintenance easement (Parcel 209-0-047-00-0) 4646 Windsor Spring Road. BACKGROUND: The City cannot determine clear title. Therefore the City seeks to acquire title through condemnation. In order to proceed and avoid further project delays, it is necessary to condemn a portion of subject property. The required property consists of 784.07 square feet in fee and 473.80 square feet of permanent construction and maintenance easement. The appraised value is $500.00. ANALYSIS: Condemnation is necessary in order to acquire the required property. FINANCIAL IMPACT: The necessary costs will be covered under the project budget. ALTERNATIVES: Deny condemnation. RECOMMENDATION: Approve condemnation. AGENDA DATE: April 28, 2014 DEPARTMENT FUNDS ARE AVAILABLE IN THE DIRECTOR:_________________________ FOLLOWING ACCOUNTS: G/L 323041110-52.12122 ADMINISTRATOR:____________________ J/L 299823786-52.12122 FINANCE:__________________________ Attachment number 1 \nPage 1 of 1 Item # 10 Engineering Services Committee Meeting 4/28/2014 1:00 PM Motion to Authorize Condemnation to Acquire Portion of Propety -Sharlene K. Roberts Department:Law Caption:Motion to authorize condemnation to acquire title of a portion of property in fee simple, permanent construction and maintenance easement, and one temporary driveway easement (Parcel 193-0- 096-01-0) 4608 Windsor Spring Road. Background:Despite repeated efforts, the City has been unable to reach an agreement with the property owner and therefore seeks to acquire title through condemnation. In order to proceed and avoid further project delays, it is necessary to condemn a portion of subject property. The required property consists of 884.90 square feet in fee, 0.018 square feet of permanent construction and maintenance easement, and one temporary driveway easement. The appraised value is $500.00 Analysis:Condemnation is necessary in order to acquire the required property. Financial Impact:The necessary costs will be covered under the project budget. Alternatives:Deny condemnation. Recommendation:Approve condemnation. Funds are Available in the Following Accounts: FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNTS: G/L 323041110-52.12122 J/L 299823786-52.12122 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Cover Memo Item # 11 Clerk of Commission Cover Memo Item # 11 AGENDA ITEM ______________ EDITION ______________ DATE: April 16, 2014 TO: The Honorable Deke Copenhaver, Mayor Members of the Augusta Commission/Members of the Engineering Services Committee FROM: Daniel W. Hamilton and Andrew MacKenzie, General Counsel SUBJECT: Acquisition of a portion of the property in fee simple, permanent construction and maintenance easement, and one temporary driveway easement to Richmond County, Georgia from Sharlene K. Roberts. CAPTION: Motion to authorize condemnation to acquire title of a portion of property in fee simple, permanent construction and maintenance easement, and one temporary driveway easement (Parcel 193-0- 096-01-0) 4608 Windsor Spring Road. BACKGROUND: Despite repeated efforts, the City has been unable to reach an agreement with the property owner and therefore seeks to acquire title through condemnation. In order to proceed and avoid further project delays, it is necessary to condemn a portion of subject property. The required property consists of 884.90 square feet in fee, 0.018 square feet of permanent construction and maintenance easement, and one temporary driveway easement. The appraised value is $500.00. ANALYSIS: Condemnation is necessary in order to acquire the required property. FINANCIAL IMPACT: The necessary costs will be covered under the project budget. ALTERNATIVES: Deny condemnation. RECOMMENDATION: Approve condemnation. AGENDA DATE: April 28, 2014 DEPARTMENT FUNDS ARE AVAILABLE IN THE DIRECTOR:_________________________ FOLLOWING ACCOUNTS: G/L 323041110-52.12122 ADMINISTRATOR:____________________ J/L 299823786-52.12122 FINANCE:__________________________ Attachment number 1 \nPage 1 of 1 Item # 11 Engineering Services Committee Meeting 4/28/2014 1:00 PM On-Call Concrete Repair, Concrete Construction, and Emergency Repair (Bid 11-159) Department:Abie Ladson, Director of Engineering Caption:Approve $1,500,000 to continue the funding for the current On- Call Concrete Repair, Concrete Construction & Emergency Repair Contract with the Horizon Construction Company, Larry McCord LLC, and SITEC LLC. Funding is available in the Grading & Drainage, Suburban Forces, Resurfacing, and Sidewalks Cuts & Replacement accounts as requested by AED. Background:Due to the continuing demands for drainage improvements, and repairs to aging infrastructures and sidewalks within the county, AED has determined to continue to supplement its engineering resources with an On-Call Contract that include concrete repairs, concrete construction, and emergency repair services. Timely repairs are extremely important to minimizing public safety risks, damages to public property, and associated potential hazard liabilities. Analysis:On February 7, 2012, the Augusta Commission approved the On- Call Concrete Repair, Concrete Construction & Emergency Repair Contract to Horizon Construction, Larry McCord, LLC, and SITEC LLC. Additional funds allocation to this contract is needed to help maintain current level of services. Financial Impact:Funds are available in the amount of $450,000 Grading & Drainage (328-041110-211828001), $450,000 Suburban Forces (328-041110- 211828007), $250,000 Sidewalks Rehab- Replacement (328-041110-211828009), $100,000 Curb Cuts & Sidewalks (328041110-211828010), and $250,000 Resurfacing Contracts (328041110-211828011) to be transferred to On-Call Concrete Construction & Emergency Repair Services Contract upon Commission approval. Alternatives:(1) Approve $1,500,000 to continue the funding for the current On-Call Concrete Repair, Concrete Construction & Emergency Repair Contract with the Horizon Construction Company, Larry McCord LLC, and SITEC LLC. Funding is available in the Grading & Drainage and Suburban Forces account as requested by Cover Memo Item # 12 AED. (2) Do not approve. Recommendation:Approve alternative 1 Funds are Available in the Following Accounts: 328-041110- 211828001/211828007/211828009/211828010/211828011_ REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 12 Augusta-Richmond County, Georgia BE IT ORDAINED by the Commission-Council of Augusta-Richmond County, Section 1: The project change is authorized to CPB#N/A. This request is to approve $1,500,000 in the Grading & Drainage ($450,000), Suburban Forces ($450,000), Sidewalks Rehab Replacement (250,000), Resurfacing Contracts ($250,000) and Curb Cuts & Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. Grading and Drainage 3,100,000$ Sidewalks-Rehab-Replacement 600,000$ Suburban Forces-Resurfacing 1,400,000$ Resurfacing Contracts 750,000$ Curb Cuts & Sidewalks 100,000$ 5,950,000$ Section 3: Copies of this Capital Project Budget shall be made available to the Comptroller for direction in carrying out this project. Adopted this ____________________ day of ______________________. Approved _________________________________________________ Honorable Deke Copenhaver, Mayor Original-Commission Council Office Copy-Engineering Department Copy-Finance Department Copy-Procurement Department CAPITAL PROJECT BUDGET CPB#N/A On-Call Concrete Repair, Concrete Construction, and Emergency Repair (Bid 11-159) repair, concrete construction, and emergency repair services. Funding is available to continue to fund the current contract services that include on-call concrete Contract services to Horizon Construction, Larry McCord, LLC and Sitec, LLC. Sidewalks ($100,000) Phase VI accounts respectively. Georgia that the following Capital Project Budget is hereby amended: Please do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission for execution. For information reference this request, contact Engineering at ext 5070. Thanks 1.13.2012 Attachment number 1 \nPage 1 of 2 Item # 12 Augusta-Richmond County, Georgia CAPITAL PROJECT BUDGET CPB#N/A On-Call Concrete Repair, Concrete Construction, and Emergency Repair (Bid 11-159) CPB AMOUNT ADDITION CPB AMOUNT SOURCE OF FUNDS CPB REQUEST GRADING & DRAINAGE PHASE VI ($2,650,000) ($450,000) ($3,100,000) SUBURBAN FORCES RESURFACING PHASE VI ($950,000) ($450,000) ($1,400,000) SIDEWALKS-REHAB-REPLACEMENT ($350,000) ($250,000) ($600,000) RESURFACING CONTRACTS ($500,000) ($250,000) ($750,000) CURBS CUTS & SIDEWALKS ($100,000) ($100,000) TOTAL SOURCES: ($4,450,000) ($1,500,000) ($5,950,000) USE OF FUNDS 328-041110-52.23110 $4,450,000 $1,500,000 $5,950,000 ++ TOTAL USES: $4,450,000 $1,500,000 $5,950,000 1.13.2012 Attachment number 1 \nPage 2 of 2 Item # 12 Engineering Services Committee Meeting 4/28/2014 1:00 PM Sheila C. Nelson Department:Clerk of Commission Caption:Presentation by Ms. Sheila C. Nelson regarding her dissatisfaction with garbage service at her residence. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 13 Attachment number 1 \nPage 1 of 1 Item # 13 Engineering Services Committee Meeting 4/28/2014 1:00 PM Tire/Garbage Contract Department: Caption:Discuss tire/garbage contract. (Requested by Commissioner Marion Williams) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 14