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HomeMy WebLinkAbout2015-08-11-Meeting Mintues Engineering Services Committee Meeting Commission Chamber - 8/11/2015 ATTENDANCE: Present: Hons. Fennoy, Chairman; Hasan, Vice Chairman; Smith and Guilfoyle, members. Absent: Hon. Hardie Davis, Jr., Mayor. ENGINEERING SERVICES 1. Consider approval of annual budget for Program Management Services for the Utilities Department. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Ben Hasan Commissioner Grady Smith Passes 2. Consider Professional Services Proposal from W.K. Dickson for Camp Hancock Sewer Condition Assessment and Infrastructure Rehabilitation Plan in the amount of $157,000. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Ben Hasan Commissioner Grady Smith Passes 3. Approve reallocation of $1,000,000 in SPLOST funds from projects that are funded through Transportation Investment Act (TIA) for the continuation of land acquisition and resident relocations as requested by Augusta Commission July 14, 2015. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Ben Hasan Commissioner Grady Smith Passes 4. Approve Improvements to the Jones Street Alley as requested by AED. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Ben Hasan Commissioner Grady Smith Passes 5. Consider Final Construction Change Order in the amount of $37,089.63 for the Marion Homes Water Main Improvements project by Eagle Utility Contracting, Inc. Bid item #14-134. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Ben Hasan Commissioner Grady Smith Passes 6. Motion to approve the minutes of the Engineering Services Committee held on July 28, 2015. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Grady Smith Commissioner Ben Hasan Passes www.augustaga.gov 7. Motion to determine that Spellman Street and Goss Lane, as shown on the attached plat have ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the best public interest, pursuant to O.C.G.A. §32-7- 2, with the abandoned property to be quit-claimed to the appropriate party(ies), as provided by law and an easement to be retained over the entire abandoned portion for existing or future utilities as directed by Augusta Engineering Department and Augusta Utilities Department. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Ben Hasan Commissioner Grady Smith Passes 8. Consider accepting Nuite Estate Sanitary Sewer Deed of Dedication. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Grady Smith Commissioner Ben Hasan Passes Engineering Services Committee Meeting 8/11/2015 1:15 PM Attendance 8/11/15 Department: Caption: Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Constantine Engineering, Inc. Program Management Budget  October 2015 ‐ September 2016 Hours Bill Rate/Hr Total 1 Project Management Program Manager 2,258 $180.00 $406,474 Project Manager 270 $150.00 $40,508 Program Administrator 2,048 $23.10 $47,311 2 Project Controls Program Manager 512 $180.00 $92,164 Project Manager 270 $150.00 $40,508 TCG Administrator 369 $50.00 $18,433 3 Construction Engineering & Inspection Program Manager 200 $180.00 $35,971 Inspector 1 2,048 $110.00 $225,290 Inspector 2 2,048 $80.00 $163,847 4 Technical Oversight & Support Program Manager 389 $180.00 $70,045 Project Manager 143 $150.00 $21,508 Project Engineer 184 $120.00 $22,119 5 Subconsultants and ODC's $50,000 TOTAL $1,234,179 Engineering Services Committee Meeting 8/11/2015 1:15 PM Augusta Utilities Program Management Department:Utilities Caption:Consider approval of annual budget for Program Management Services for the Utilities Department. Background:Constantine Engineering was approved to provide Program Management Services for a 5 year period at the April 1, 2014 Commission meeting in response to RFP 14-137. AUD currently has approximately $25,000,000 in construction currently under contract, with an additional $45,000,000 to be constructed in the next three years. This is in addition to the new Sanitary Sewer Connection Program that requires significant resources from the Department. In order to manage this volume of work, we are utilizing a Program Management firm to supplement our staff. Analysis:Constantine staff will provide support for AUD’s staff primarily in the following areas: Project Management Project Controls Technical Oversight and Support Construction Engineering and Inspection Financial Impact:This work will be performed on a time and materials basis in accordance with the attached fee schedule. The budget for the next 12 months is estimated at $1,234,179. Alternatives:No viable alternative Recommendation:We recommend approval of the annual budget for Program Management services. Funds are Available in the Following Accounts: 507043490/5212999 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission  1450 Greene Street  Suite 225  Augusta, GA 30901  Tel. 706.722.3479  Fax 706.722.6773  www.wkdickson.com Aviation   Water Resources   Urban Development   Geomatics July 10, 2015      Mr. Bob Leetch, PE  Program Manager  Augusta Utilities Department  360 Bay Street, Suite 180  Augusta, GA. 30901      RE: Camp Hancock Basin Outfall Condition Assessment & Infrastructure Rehabilitation Plan  (IRP) Proposal                Dear Mr. Leetch:    W. K Dickson & Co., Inc. would like to present the attached proposal for your consideration. We  have prepared the following scope of services and fee proposal per our previous meetings and  review of the issue. We are confident that our knowledge, of this specific area of the system and the  pipe networks that are currently in place, will be instrumental in providing cost effective and  timely completion of the Condition Assessment & IRP. We are confident that our team can help  Augusta Utilities Department assess and identify needed improvements in the basin.        Please do not hesitate to contact us, should you require any additional information concerning our  proposal.     Sincerely,  W.K. Dickson & Co., Inc.    William G. Wingate, PE  Vice President    Attachments  CONTRACT FOR GENERAL ENGINEERING SERVICES BETWEEN THE AUGUSTA UTILITY DEPARTMENT AND W.K. DICKSON & CO., INC. CAMP HANCOCK BASIN OUTFALL CONDITION ASSESSMENT & INFRASTRUCTURE REHABILITATION PLAN PROJECT DESCRIPTION This project involves providing Professional Engineering Services related to conducting a condition assessment and the preparation of a Infrastructure Rehabilitation Plan (IRP) for the Augusta Utility Department (AUD) regarding the Camp Hancock Outfall. The services provided by the CONSULTANT in this scope of services are for the purpose of assessing the outfall in the sanitary sewer collection system found in the sewer basin known as the Camp Hancock Basin. The scope will be limited to the outfall itself and will not include collection lines off of the main. During 2014 the basin was evaluated for combined systems as part of the EPD Consent Order requirements for the Augusta Utility Department (AUD). In the evaluation of the Camp Hancock area it was determined that smoke testing and flow monitoring results did not yield any evidence of combined systems, however it was noted that the operational conditions of this outfall were of concern. Our approach will include an evaluation of the existing sewer outfall and review of the data from the evaluation process in a GIS format and the use GIS and associated software to construct a prioritized approach for the rehabilitation of the sewer known as a condition assessment and Infrastructure Rehabilitation Plan (IRP). The Camp Hancock Basin is in a predominately residential area but also serves the Augusta Municipal Golf Course, the Augusta Aquatics Center, Aquinas High School, the Charlie Norwood VA Medical Center, and Trinity Hospital. Sensitivity to the residential and institutional nature of this sewer basin has been considered while formulating this scope. Based on the City's GIS, the system consists of approximately 37,500 linear feet (LF) of 18” & 24” gravity sewer outfall and approximately 165 manholes. The primary purposes of this project are to conduct the following activities: - Routine Manhole Inspections, Data Review & Analysis - Rainfall & Flow Monitoring Data Review & Analysis - CCTV Data Review - Smoke Testing Data Review - Gravity System Defect Analysis - Field Assessment - Condition Assessment Report & Infrastructure Rehabilitation Plan (IRP) In addition, the Condition Assessment Report & Infrastructure Rehabilitation Plan (IRP) will help AUD seek the most cost effective options for upgrading and extending the level of service for this basin. In the Consent Order Report published by the OWNER in June of 2014, tables 5.1 through 5.6 identified approximately 109 separation projects throughout the formerly combined systems that required attention. The OWNER has requested that the CONSULTANT assist in preparing a prioritization of these projects for future CIP development. PROPOSED SCOPE OF SERVICES The CONSULTANT proposes to provide the following scope of services for the fees listed under “Basis of Compensation”. The CONSULTANT will provide the following scope of services: 1. Routine Manhole Inspections, Data Review & Analysis The CONSULTANT will conduct routine manhole inspections and document manhole assessments following NASSCO's Manhole Assessment Certification Program (MACP). In addition to the manhole evaluations, where accessible a pole camera evaluation will be performed to allow insight into the material type of the main outfall and the pipe conditions that can be determined. Should additional CCTV work on a segment be recommended, the owner will be notified and of the need can be addressed as an additional service. The CONSULTANT will make a reasonable effort to locate all manholes however if manholes are not found within a reasonable amount of time, approximately 15 minutes, then the CONSULTANT will make note of manhole not found and report it to the OWNER. The CONSULTANT will identify and assess specific manholes in need of repair and prioritize each such repair according to need; and will prepare a summary report and recommendations based upon test findings. The inspection will include a system for prioritizing repair of defects, identification forms and procedures for a defect analysis. 2. Rainfall & Flow Monitoring Data Review & Analysis The CONSULTANT will utilize information previously generated from the OWNER’s flow monitoring network and available flow monitoring data in the project area. The CONSULTANT will provide limited data analysis and review of the flow and rainfall monitoring results and incorporate them into the condition assessment and IRP. 3. CCTV Data Review The CONSULTANT shall conduct a condition assessment of the approximately 36,500 LF of gravity sewer outfall using guidelines and criteria as recommended by the Pipeline Assessment and Certification Program (PACP) of the National Association of Sewer Service Companies (NASSCO) will be performed to rate the general condition of the existing sewer and determine the extent of rehabilitation efforts. AUD has compiled various portions of CCTV data on sections of the outfall over the last several years. This data and the PACP data associated with the files will be used for this condition assessment process. 4. Smoke Testing Data Review The CONSULTANT will document and assess the results of smoke testing of gravity sewers within the project area. Previous data acquired from smoke testing evaluations was compiled and stored in a GIS database format. The results of these smoke test events will provide another source of data for the condition assessment. 5. Gravity System Defect Analysis Sewer Condition Assessment is a critical component of the project. The OWNER’s GIS has identified approximately 36,500 linear feet of problematic gravity sanitary sewer outfall that may be contributing excessive inflow and infiltration, experiencing blockages, and contributing to SSO’s. The CONSULTANT will conduct and document gravity system defect analysis of gravity sewers within the project area. The Gravity System Defect Analysis shall utilize standard defect codes; defect identification procedures and guidelines; and a standardized process for cataloging gravity sewer line defects. The CONSULTANT will identify and assess specific areas in need of repair and prioritize each such repair according to need; and will prepare a summary report and recommendations based upon findings as developed as part of the OWNER’s IRP. The CONSULTANT will review CCTV videos and inspection reports to assess the following items: ~ Which sewers are in need of additional cleaning and/or CCTV ~ Which existing sewers are in need of renewal/rehabilitation and/or replacement ~ An estimate of the linear footage that needs rehabilitation and/or replacement and the associated costs. Rehabilitation techniques to be evaluated include point repairs with cured in place lining and pipe bursting as well as dig & replace and slip lining. Manhole rehabilitation will be based upon spot repairs with cementitious lining. 6. Condition Assessment & Infrastructure Rehabilitation Plan (IRP) The CONSULTANT will prepare an Infrastructure Rehabilitation Plan (IRP). The IRP shall provide a summary of condition assessment, estimated costs for the rehabilitation efforts and project location map. The CONSULTANT will identify and assess specific areas in need of repair and prioritize each such repair according to need; and will prepare a CIP and recommendations based upon findings. The IRP shall be submitted to AUD for review, comment and approval and shall include a summary of the results for the project area. The summary will contain a thorough analysis of historical flow monitoring, inspection, rainfall and other data, including data previously collected. In addition, the IRP shall include the following: a. A determination of existing flows for the project area including average and peak daily dry weather flow. b. A determination of the average dry weather Infiltration rate (in gpd/inch diameter- mile). c. A determination of peak wet weather flow and peaking factors (the ratio of peak flow to average dry weather flow). d. The IRP will identify the portions of the project area experiencing levels of I/I that cause or contribute to SSOs. e. The IRP will identify specific sources of I/I to the project area by manhole/line segment, street address, type (Infiltration or Inflow), source (e.g., “wall leakage”) and estimated flow from the source. f. The IRP will include a summary of flow monitoring activities previously conducted that includes, at a minimum, a map showing the delineation of the project area, the location of each flow meter, problems encountered and/or identified. g. The IRP will include a summary of the structural defects identified in the project area that include, at a minimum, the number of each type of defect by line segment, manhole number or street address and estimates of peak flow or impact on sewer capacity (as appropriate) from all defects in each line segment, based on a consistently applied set of stated criteria. h. The IRP will include specific rehabilitation measures that have been and will be implemented by the OWNER in the project area to address I/I and the other conditions causing SSOs in the form of a CIP. 7. Sewer Separation Prioritization Process The CONSULTANT will evaluate the 109 additional projects identified in the June 2014 Consent Order Report tables 5.1-5.6. The project data associated with the original report will be reviewed based on location, contributing flows and cost. The CONSULTANT will prepare a summarization of project groupings that will yield the best return on investment for the separations based on contributing flows. By doing such the OWNER will be able to program investment of rehabilitation funds into the assets that will reduce operational cost over the life of the system. It is understood that the OWNER has limited funding and that the repair of these projects will be addressed over a multi-year CIP. DELIVERABLES 1) The OWNER will be provided with a Condition Assessment & Infrastructure Rehabilitation Plan (IRP) upon successful conclusion of the project. 2) The OWNER will be provided a prioritized list of the separation projects identified in the consent order planning documents. MISCELLANEOUS 1. Additional Services The OWNER may request additional services from time to time. When provided, additional services will be performed in accordance with the current rate schedule. These services will be provided on an as-needed basis only when requested by the OWNER. 2. Services Not Included Should the need arise for additional services during the course of the project, the CONSULTANT will be pleased to provide you with an estimated cost prior to your authorization of additional services. Basis of Compensation The OWNER shall pay the CONSULTANT for services set forth in Attachment A, Scope of Services, the Lump Sum Fee of One Hundred Fifty Seven Thousand Dollars ($157,000.00). A percentage of the Lump Sum Fee will be billed on the last day of each month based on the CONSULTANT’S estimate of the percentage of services completed. Not-to-exceed fees will be billed monthly in accordance with the current rate schedule for time and expense. Engineering Services Committee Meeting 8/11/2015 1:15 PM Camp Hancock Sewer Condition Assessment Department:Utilities Caption:Consider Professional Services Proposal from W.K. Dickson for Camp Hancock Sewer Condition Assessment and Infrastructure Rehabilitation Plan in the amount of $157,000. Background:In its meeting of November 18, 2014, the Augusta Commission approved the selection of engineering firms in response to RFQ 13- 124. W.K. Dickson was approved for the Camp Hancock project. Analysis:W.K. Dickson has provided a proposal to perform an assessment of the Camp Hancock sewer and to develop an Infrastructure Rehabilitation Plan; the fee for these services is $157,000. We have reviewed this proposal and find it to be fair and reasonable. Financial Impact:The cost of this work is $157,000 and is budgeted. Alternatives:No viable alternatives. Recommendation:We recommend acceptance of this proposal. Funds are Available in the Following Accounts: 512043420-5425210/81500090-5425210 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Engineering Services Committee Meeting 8/11/2015 1:15 PM Hyde Park/Wilkerson Gardens Drainage Improvements Department:Abie Ladson - Director Caption:Approve reallocation of $1,000,000 in SPLOST funds from projects that are funded through Transportation Investment Act (TIA) for the continuation of land acquisition and resident relocations as requested by Augusta Commission July 14, 2015. Background:On July 14, 2015, Augusta, Georgia Commission authorized an alteration to Hyde Park property relocation schedule to permit tenants along with homeowners to be relocated immediately. This requires an additional $1 million in funding. Analysis:Additional funds are needed to continue the relocation process. A total of $7,105,100 has been incurred for design, land acquisition, and resident relocations. The current balance in the project account is $748,542, and additional funds would give a balance of $1,748,542. Financial Impact:Funds are available from SPLOST account numbers: 201824333. Alternatives:1) Approve reallocation of $1,000,000 in SPLOST funds from projects that are funded through Transportation Investment Act (TIA) for the continuation of land acquisition and resident relocations as requested by Augusta Commission July 14, 2015. 2) Do not approve and continue placing the project on hold Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: 324-041110-6011110/201824333 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Engineering Services Committee Meeting 8/11/2015 1:15 PM Jones Street Alley Improvements Department:Abie L. Ladson, Director Caption:Approve Improvements to the Jones Street Alley as requested by AED. Background:Jones Street Alley is located between Broad and Reynolds Street from James Brown Blvd to McCartan Street. Jones Street Alley is a two-way street with 12 parallel parking spaces adjacent to the Convention Center parking lot and deck. The former WAGT satellite dish farm is located in the alley and is in disrepair. Currently 5 trash dumpsters line the alley utilizing valuable parking and creating an eye sore for our downtown visitors. The City of Augusta and the private sector have invested millions of dollars in the area immediately surrounding the Jones Street Alley. The Convention Center and Parking Deck were completed in 2013 and producing beyond expectations. The YMCA purchased Health Central and have renovated their upper floors for corporate offices and are currently making improvements to their exterior and lobby. Their current membership is 2500 members. 929 Broad Street has added a large living space on the 3rd floor with a roof-top garden. 901 Broad has been purchased and plans are underway to add 5000 SF of retail space on the first floor and 11 market rate apartment on the upper 2 floors.905 Broad Street (WAGT Bldg.) has been purchased and financing is underway for a new restaurant, sports bar, and catering and meeting space. In addition, another business on this block currently occupies 11,000 SF and is planning to expand to 22,000 SF if the City will make traffic safety, parking and waste collection improvements to Jones Street. They currently employ 40 people and will add 80 new jobs for a total of 120. These proposed improvements are an inducement to remain and expand in their current location. Letters of support from adjacent businesses are attached. Analysis:Convert Jones Street Alley to a one-way street (east bound) from McCartan to James Brown Blvd. This conversion will allow room for a much needed loading zone at the southwest corner of McCartan Street directly behind the Merrill Lynch Building. This conversion also allows for angled parking adjacent to the Convention Center parking lot and adds 15 parking spaces for a total of 27. This also allows room for parallel parking adjacent to the rear building face and adds an additional 10 spaces (currently this is a no parking zone). Convert the current satellite farm to a dumpster enclosure removing the dumpsters from public view and from taking up valuable parking spaces. The existing enclosure will be upgraded with new concrete pad, curb cut and new wooden fencing. The project includes paving and restriping the alley, and one-way street signage. Financial Impact:Funding in the amount of $100,000 will come from TIA Discretionary Funds Alternatives:1). Approve Improvements to the Jones Street Alley as requested by AED. 2) Do not approve Recommendation:Approve alternative #1 Funds are Available in the Following Accounts: TIA Discretionary Funds. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Item Description Quantity Units Unit Price based upon cost received from original bid dated 2/26/14 Total Price W-15 1" Long Side Water Service 11 EA $ 1,095.00 $12,045.00 W-16 1" Short Side Water Service 15 EA $ 645.00 $9,675.00 P-5 4" Concrete Sidewalk Remove & Replace 78.5 SY $ 50.00 $3,925.00 P-6 6" Concrete Driveway Remove & Replace 89.22 SY $ 55.00 $4,907.10 P-9 6" x 24" Concrete Curb/Gutter Remove & Replace 201 LF $ 25.00 $5,025.00 10 1/2" thick GAB, 5' wide w/2 1/2" thick asphalt patch include. Removal of 2 1/2" GAB & placmeent of bitminous tack coat (Change Order 3, approved by City Administrator on 6/4/2015)43.215 SY $ 35.00 $1,512.53 SUB TOTAL $37,089.63 GRAND TOTAL $37,089.63 AUGUSTA UTILITIES DEPARTMENT Marion Homes Change Order #4 Water To; Geri Sams 06/08/"l5sh /*;R..],G I MEMORANDUM DATE: TO: June 2,2015 Janice Allen Jackson, FROM: GeriA, Sams, SUBJECT:P243545Water Main lnstallation Project for Marion Homes glil.tl't amount'f 9.'3,11-l! l9 p243s4s which was awarded to Eagle Utilities Contracting by Commission on 411t14' The requested increase will result in a new revised total of $ogs,5sz.ss. The additionai services are due to a change in the paving line,^roadwork patching, silt fence, concrete curb and gutter, and adding abandonment of an existing water line. The $5,314'55 increase is the result of a decrease in the amount of $5t,803'25 for the revised paving line and an increase of $37,17g.30 for the reviseJ paving changes and additional work. we are requesting that you review the request and approve it as you deem necessary under the provision allowed in the Augusta Procurement Code Sec' 1-10-54(k)' Sec. 1.10.54, lnformal bids selection methods (standard and small purchases) and authority of Administrator and General Counsel. (k) Authority of Administrator to make small purchases, The Administrator shall have authority to make purchar.r, .ppior. annual bids and enter into professional services agreements without Commission .ppioy6i for products, services and annual bids not exceeding $25,000, please do not hesitate to contact me if there are any questions or concerns on this request gECE/y6.r,, aon,n,srnoriR= OFHCE JUN O t Zltg GAS/nw Attachments (as indicated) Room 605 - 535 Telfair Street, Augusta Georgia 30901 (706) 821-2422 -Fax (706) 821-281 I sl 'u.gucu$4ga--gsy Register at www.demandstar.com/supplier for automatic bid notification aocusrngF Scan this QR code with Your smartphone or camera equiPPed tablet to visit the Augusta, Georgia @r**rrr*rrqil"rrarr-rt %. @"*@o-,t, qt*l"" :-la,-ryG)/oRGt F Director Director DATE: TO: FROM:S.N THROUGH: Deanna Davis, P.E.; Asst. Director of Engineqing-and ConstructiotDJ) Tom Wiedmeier, P.E.; Director of Utilities t2,lrl Geri Sams, Director of Procurement SUBJECT: Change Order Request for additional construction items Eagle UtilitY Contracting, Inc' Augusta Utilities Department requests approval of additional funds in the amount of $5,314'55 for changes to the contract with Eagie Utiliiy Contracting, Inc. for the Marion Homes project' The contractor,s proposal totaling $37,178.30 additional cost is attached with a cost break down' The changed wort includ'es a new puiirg line item that replaces Line Item P-l1, additional roadway put.rii.rg at subdivision entrance, additional silt fence, adding concrete curb and gutter, and adding abandonment of an existing water main. A contract deduction is made in the amount of $31,863.75 to delete the original Line Itern P-1 1 amount, which is replaced as noted above due to revised paving requirements' Augusta Utilities Department has found the proposal to be fair and reasonable, and requests approval of the contract changls that increases the "onttuit in the amount of $5,314.55. The contractor's change proposal, thJcontract bid form, and the project purchase order are attached for your reference' Funds are available in account 512-04-3410 I 54-25110' Please sign below and indicate your approval or disapproval. If approved, please also sign the Construciion Contract Change Order form to make it part of the project contract' Please contact me at 706-823-4399 for additional information. '3_5 JiJi{ t r'r,r L:*4 [1!,\--......- histrator Augusta Utilities DePartment Tom Wiedmeier, P.E., Deanna Davis, P.E., Assistant MEMORANDUM N,{.ay 21,2015 Janice Allen Jackson, Administrator Tevia S. Davis, AUD Project Engineer 360 Bay Street, Suite 180' August (706) 312-4132 Fax (706) WWW.AUGUSTAGA Allen Jackson, }",,,,, CONSTRUCTION CONTRACT CHANGE ORDER Madon Homcs Watcr l{ain ImProvementsPROIECTTITLE ORIGINALCONTRACT DATE 4t1(t/'l.4 OWNER AUGUST{ GEORGIA PROJECT NUIIIBE,R ALID ml5-002 P'O NUMBER P243545 The follorring changr is heretrv made to thc c(roti:lct for thc above proiecc Description of Change (for a more detailed description see att.achd proposal): These changes rcsult in a net cost iocrease to contract in the amount of $5'3 I 4.55. Thc changes includc $37,178.30 additional cost for work that includes a new paving line item that replaces Line Itern P-l l, additional roadway patching at suMivisioo sntrance, additional silt fence, adding concrete curb and gutter, and adding abandonment of an existing water main. A contract deduction is made in the amount of S31363.75 to delete the original Line ltem P-l I amount. which is replaced as noted above due to revised paving requirements. PAYHF. Eagle titiliw Contracting lnc. 'ICvf.i\L AIv{OUN'I OF'fHlS CHANGI']' ORDI':R $ 5,314'55 The contract time wiU be INCREASED bv (r0 cdcndar days as a rcsult of this changc. 646,176.50 43,8(r6.50 -1,314.55 695,357.55 ORIC;INAL CONTRACT AMOTJNT $ PREVIoLIS CHANGE.ORDER ONCREASE) ''THIS CHANGF, ORDF.R (INCRF,ASII) $ T()TI\I. REVISED CONTR{C-r AN{OLTNTWITH CIIANGE ORDER t Ft'NDIN(; Nt ITUBER/AC(I( )L!NT NUIIIBF:R PRoP()SF]D BY: REQL'IESTED BY: SLIBMITTF,D BY: FIN ANCE F,NDORSEN{ENT: Rl':C( )l\ll\tl:NDl'lD BY: APPROVF],D B}': 5l 2043410 8041301 1 54251 l0 v25110 DATF': 5' .z/- /5 DArE: _r_2i -l,f DArE: \27 itt- DArE: 4 j DAIE; Q(r,l,r DATf:; /-2 \/i 4o TIAYOR Eagle Utility Contracting, lnc. 1350 Branch Rd. Bishop, GA 30621--\ Phone:' (706) 769-6015 Fax: (706) 769-1638 eagleutility@bellsouth.net **QUOTE** *.F- 511512015 - a, GA C/O Tevia Davis 360 Bay Street, Suite 180 Augusta, GA 30901Gustomer: Job:Marion Homes Water Main Combined Change Order #'s 3 & 4 Quantity Unil 435 SY 10 1/2" thick GAB by 5'wide and 21112" lhick asphalt patch including removal ot 21t2" GAB and placement of bituminous teg! Jgg!-$35.00 $1s,225.00 235 SY ,atch Utility Locates in Roadway w/ 101/2" thick GAB w/ 2112" lhick asphalt oatch incl. removale ol 21t2" GAB & placement of bitminous tack coat $35.00 $8,225.00 1,235 LF lans & Designated bY Revised E&SC Plans $4.78 $5.903.30 145 LF 5f4" Co-ncrete Curb/Gutter Remove & Replace $2s.00 $3,625.00 1 LS ate, cut, caP, & blocking of s4.200.00 $4,200.00 $0.00 $0.00 $0.00 $0.00 s0.00 $0.00 $0.00 $0.00 $0.00 $0.00 ***Gluote***$0.00 $0.00 This 'rs not a bill. No payment required at this time'$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 ,,. ,.,.)i ,i:rf r:i,,ti;ili:r-lUid $37,178.30 Date MAruON HOMES WATER MAIN INSTALtrJTTION PROJECT BID TTBMS -{t,tJIi!F:::i:ilidi'ld ri:i,:,,9::i*.,ii:lliT":r"#ffi Efu,,?l$i*;iif$I{r#i,"f ;:iiffi[ii;il'.tii fr :Fifli*ffi3.ffi*{i+^{Ir5*L w-tB rr&ETAID If 4100 ti 'rJc;<: w.lK m-tt'LF 3;581 r ?<1,' w-t Rcraora !elc.l GA & n fsrnd/Ctw'l-CY 3,V1s ,, |.). ) ,, r w-6 Misccllancous pipc frtriags rnd colrcctios LBS 5,000 7,.; w{F??by&et infillod conplacwtth tq valvcaod rahc cofiar. Ioinn Rcrfnincd llnailc Im Plru- rrrl hlar&ino EA II "u : 2-;'1,.47r,--'s w-l0B 8" in-linc tulI body ductilelm gev!hr, itrcludingutw bo*colcr* coller- llBtdlad^ anmrlatr mtr,6 EA 20 w-t5 Ncw I ' Ioog sitlc uatcr scfiricc, inst lb4 imtuding rocoaocctix cunoh:EA 85 w-l5A Ncw 2" Iorg sidc wrt r s.rviac, irutlllc4 including rc+otnerrio cmolctc EA I lv-t6 Ncur l' $ort si& utrt6 $nicc, irctillcd, iocluding re maslim mnLele EA 7A w.l8 Tle-in toexirthg lhc - 8'EA I ta) P-5 Rcrovc od rcilrcc 4' thic& ooncrctc sidcwrtk,3{rc0 pci mix SY 90 , ')..,Lro P-6 Rernovc and rcphco 6'thick concrctc &ivcrray sv 400 t?,/ P9 5'?24" concrelc olrb rnd/or guttEr rlotwal and rtphccmcnt (as mict!mdEalnl IJ 275 ' ?_-s ' $sfiew inEEI==-,-GY;'*;'*,tlEE.lifrB8'ryIfri&&aB'ii4r?)' "':: {ii:m':i- ,"te*.tis,l-d:i:w Hftxx M-l Florablc fill cv 25 M-3 Rcrrovc tmsrtitablc soil and rcpbcc with four&lim bck6ll, CA DOT Trt IL for addirional rnctressified rrcavrtim CY 325 ) ; :)r L$,r luup *n couructim (hchtdrs bu is Dd linibd to thc lisring mlinrcd bdru)LS I 61p')t'.i TOIALBXI " b|L t rr--. 'it' II'MP SI'M CON$TRUCIION ITEIITS: - Ircms wilhort r tpecioc pay item Mobilizatiort, Dcoobilizatiol Bonds, Lsurancc Ddrat ri4. Oeariagadcrubbing. Vcrtical Trarch $abitizatioa. Rcmwotrdrcser fcrc6. AlltlryEs. Re'trovcardt!3dglfrqAut}?rs. Rcmovcrrdr6c[storasclrrtr,lcnglhs&sizesvrry. Rcmorrczrdrcoonrcctwaterrcffic6 Rcconncct 5anfttry seua rcrviccs Rc{rovc rrd r€$t 3i8!s, tpc varics Rcrrorc and rcscl cattr valv€ and/c mcters, sizc varics Rcmova ard raciyad laop6, bDG varies. Rcmwc ard rcsd mailboxcs, tlpc varics. Abardon wetcr valvc md metcr boxcs, filt with concrete' Rcconstruct btict wall, hcight vrrics. Rcmovr o(i$ing fit"bYdrsDt. Erosion and diraant control (tcrnporary.gnssing conslruction cxitq rip-rap, misc. ffosisr control Silt F.nc!, Typo 'A" ' SihFcnoc,TYP"'8". SillIencgTpa"C'' Pcrrll8nctrt grassing. Rrisc madholc urd valvc boxcs to grade Traffic control l' ,r PURCHASE ORDER AUGUSTA-RICHMOND COUNTX GEORGIA ROOM 6OC, PURCHASMo DEPARTiEiITctTycouNctL rrrNrclPAL BUILIXN(I (ll, AUGUSTA, GEoRGUI 30901-'l'l't0 Prgc 1 ol 1 04/L3/L4 R239214 206663 ATTN: BtD trtuirBER: 14 -134 coNtRACTf: CO #1 BUYER: NAIICY EACI.E IXTI&ITT COIITRACTING, 1350 BRAI.ICH ROAD BIEIIIOF, GA 30521 TO:AUGUSTAf,ICH MOND COUNTY, GEORGIA ROOM IO5, ACCOUI{TTNG DEPARTIIENTcrwcouilcrL MuNlclPAL BUILDINO (ltl AUGUSTA, OEORGIA 30801- a,t4:l ALL IIWOICES AilO CORRE3PIONDEI{CE iiUST BE SENT TO ABOVE ADDRESIT RECARDLETS OF SI{IPPIT'C OESTINATION. SHIP TO: AUCUSTA IITILITIES ADMIN 350 BAY STREET ssITE 180 AUGUETA, GA 30901 646,L?6. {3, 856.5 I9ATH. !!AfN INSTAITLATION PROiTECT FOR IIARTON EOUES APPROVEE} BY COMITISEION 4/L/t4, rEEr( #20 s12 -o{ -3410 /54-25tL0 CO *1 REPI.ACE WAIER LIIIE AND rIRE ErDRAlf,f WIEEIN MARTON HOrtEg EITBDTVTSION NPPBO T BY COUMTSSION L0/7/L4, rrEtr *18 512 - 04 -3410/54-25LLO /,...,. @ 645,L76 - 43, 856. EACII IACH NETTOTAL 690,043.0 0001 0002 CONOITIONS. READ CAREFULLY1 Thc pwdr.s ir dmpt by du. frff D.Flda !,f F.d.rd, S., ud ifunriptllrlcr. reilq rnd o0rcr IrrE. 2 Snipphg dr.Od prtpld bys&r 3. PayrDat etl b. fiad. o ffipl.t lipmfte only, unlaG othni$ ..qo6ard. 4. OELNERY nGXE',r tUS? ^OCilPAXY OOOOA5 No br.tr 6dG \ b $l cddc lf M!a!:t 6 fi.e m.ra dclarlcr br{vcrn I A M md ,a Pl, 7. All loodr GiEd wift irb*qusrl rrililegc to in*cd and ralum al Vmdtr'3e,Fqrll if dct diE a nol in omgliene silh *r lpEitelio' 8. lnd6dcfsritm63sry I P.'trd Nd 30 d.6{ln9 to dhd REOUISITIONER PURCHASINO AOEiIT SIOiIAIURE Engineering Services Committee Meeting 8/11/2015 1:15 PM Marion Homes Water Main Replacement Department:Augusta Utilities Department Caption:Consider Final Construction Change Order in the amount of $37,089.63 for the Marion Homes Water Main Improvements project by Eagle Utility Contracting, Inc. Bid item #14-134. Background:This project replaced approximately 7,700 LF of water line, fire hydrants and water services within the Marion Homes subdivision; the current contract value is $695,357.55. During the course of construction additions to the original scope were required including additional water services and additional sidewalk and curb and gutter installation. Analysis:Augusta Utilities Department has reviewed the change order and requests approval of the additional funds in the amount of $37,089.63. Financial Impact:Change Order adds $37,089.63 to the contract. The final contract value will be $732,447.18 Alternatives:No alternatives are recommended. Recommendation:Recommend approving change order to the contract with Eagle Utility Contracting Inc. in the amount of $37,089.63. Funds are Available in the Following Accounts: 512043410-5425110 / 80413011-5425110 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Engineering Services Committee Meeting 8/11/2015 1:15 PM Minutes Department:Clerk of Commission Caption:Motion to approve the minutes of the Engineering Services Committee held on July 28, 2015. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Engineering Services Committee Meeting 8/11/2015 1:15 PM Motion for Road Abandonment of Spellman and Goss Department:Law Caption:Motion to determine that Spellman Street and Goss Lane, as shown on the attached plat have ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the best public interest, pursuant to O.C.G.A. §32-7-2, with the abandoned property to be quit-claimed to the appropriate party(ies), as provided by law and an easement to be retained over the entire abandoned portion for existing or future utilities as directed by Augusta Engineering Department and Augusta Utilities Department. Background:The Board of Regents of The University System of Georgia requests the abandonment of Spellman Street and Goss Lane. The abandonment request has been reviewed by all essential county departments and administrators and approvals and conditions were received to this abandonment request. Analysis:In addition to the information provided in the above Background section, publication notices will be made for a public hearing to be held, with results to be presented to the Commission. Notice to the property owners located thereon will be made, pursuant to O.C.G.A. §32-7-2(b) (1). Financial Impact:Cost of publication and advertisement of public hearing. Alternatives:Approve or deny request to determine that Spellman Street and Goss Lane be abandoned. Recommendation:Approve Motion to determine that Spellman Street and Goss Lane, as shown on the attached plat/sketch have ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the best public interest, pursuant to O.C.G.A. §32-7- 2, with the abandoned property to be quit-claimed to the appropriate party(ies), as provided by law and an easement to be retained over the entire abandoned portion for existing or future utilities ¬¬as directed by Augusta Engineering Department and Augusta Utilities Department. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission STATE OF GEORGIA COUNTY OF RICHMOND DEED OF DEDICATION NUIl'E ESTA'I-E SANITARY SEWER [A Sanitary Sewerage Systern consisting ol'a Gravity Sanitary Sewer, a Force Main and a L'ft Station located on property currently known under the parcel identification number of l4l-0-538-05-0, but which is in the process of being subdivided.l THIS DEED OF DEDICATION (this "Agreement") is made and entered int,r this -dayof-,2015,byandamongECNLimitedPartnership,aGeorgialilnitedpartnership ("ECN"), Bright-Meyers Windsor Springs, LLC, a Tennessee limited partn,;,rship ("Developer"), and Augusta, Georgia, a political subdivision established under the laws of the State of Georgia and acting by and through the Augusta-Richmond County Commission ("Grantee";. WHEREAS, ECN owns a tract of land in Augusta, Georgia, more partic.rlarly described on Exhibit 'oA" attached hereto and by this reference made a parl hereof (the ECN Property"); and WHEREAS, Developer owns a tract of land adjacent to the ECN Property, al; more particularly described on Exhibit "B" attached hereto and by this ret-erence made a part herer. f (the "Developer Property"); and WHEREAS, it is the sewerage system located on the ECN System") to the public as public lines 2898205-5 I 2496.0001 000 desire of both Developer and ECN to dedicate the sirnitary Property and the Developer Property (the "Sanitary Sev,erage and facilities; and WHEREAS, Grantee has consented and agreed to accept such dedication an,I to accept as public lines and facilities the Sanitary Sewerage System. which consists of a Grtrvity Sanitary Sewer, a Force Main and a I-ifi Station, as well as all ancillary equipment and appurtenances, contained within the portion of the ECN Property and the Developer Propefty tttore particularly described in Exhibit "C" attached hereto and by this reference made a part hereof (the "Sewer Easement Area"); WHEREAS, Grantee has requested an additional easement, not shown in Ex ribit "C", that will extend from the eastern portion of the Sanitary Sewerage System to the right-of-wr,.y of Windsor Spring Road. This additional easement is intended to be twenty (20) feet in width ,:,r, if combined with awater line easement, atotal of thirty (30) feet. and located in a rnutually acceprable location along the boundary between the Developer Property and certain property owne:l by Charlotte Kitchen as of the date hereot. Such additional easement shall be grarrted by a sep rrate document mutually aoceptable to the grarrtor and Grantee; and WHERIAS, in orcler to ell'ectuate such dedication, it is necessary that ECNI and f)eveloper convey the Sanitary Sewerage Systern to Grantee and that, in connection with such conveyance, ECN and Developer create certain easernents in lavor of Grantee over the S,ewer Easement Area; NOW, THERBFORE, each of Developer and ECN, for and in consideration t f the sum of Ten and no/100 ($10.00) Dollars, to it in hand well and truly paid by Grantee, at and L,:fbre tlie sealing and delivery of these presents, the receipt of which is hereby acknowledged, and fi.,r the further consideration of the benefits to their property by the maintenance of the Sanitary Sew,:rage System by Grantee, has and does by these presents, grant, bargain, sell and confirm unto Grant,:e, its successors and assigns, the Sanitary Sewerage System located on the ECN Property anrl the Developer Property within the Sewer Easement Area. Together with a ncln-exclusive easement (the "Sewer Easement") over the l:lewer Easement Area, such Sewer Easement being granted to allow Grantee to use the Sanitary Seu'erage Systern for the provision of public sewer facilities and for the purpose of maintaining, expar.,ding, repairing, adding, constructing, installing, extending, operating, replacing. laying and relayirg the Sanitary Sewerage System. and with all of the right of ingress and egress for these purposes. Along with the further right to install underground within the Sewer Easement Area, any cable, wires or fiber optic lines as may be needed by Grantee, its assigns, representatives, a gents, and designees, for the purposes of operating, maintaining, communicating with, and controllirrg the Sanitary Sewerage System. TO HAVE AND TO HOLD said Sanitary Sewerage Systern, together witlr trll and singular, the rights, members. appurtenances thereof to tlre same being. belonging, or in anywise appertaining to the only proper Llse, benefit and behoof of Grantee, its successors and zrssigns fbrever. AND Developer and and assigns, will each warrant and 2898205-5 I 2496.0001 000 ECN, their respective heirs, legal representatives, suc(:essors defbnd the right and title to the above described S,nitary 2 Sewerage System, to Grantee, its successors and assigns, against all claims of all persons or ent ties lawftrlly claiming or to claim the same or any part thereof by, fiom or under such covenanting pa ty. Developer and ECN do further agree that when repair, replacement, or maintenimce of the Sanitary Sewerage System is necessary, Grantee may dig such trenches in the Sewer Easet'rent Area, as may be necessary for the project, to pile and store thereon the material excavated, artd to haul and store pipe, supplies and equipment connected with tlre construction and maintenrtnce thereol over, along, and across the Sewer Easement Area, along with the free right of ingress and egress to and frorn the Sewer Easement Area for these purposes. Developer and ECN also grant Grantee the right, but not the duty, to clear and l<eep clear, all trees, undergrowth and other obstructions fiom the Sewer Easement Area, along wit:r the right of free ingress and egress to and from the Sewer Easement Area for this purpose. This Agreement and the Sewer Easement conveyed hereby are in all respects su rject to the Special Stipulations set forth on Exhibit "D" attached hereto and by this reference made ir part hereof, which special stipulations shall govern and control any conflict with the forel:oing provisions. By acceptance of this Agreernent and its execution below, Crantee, for itself arrd its successors and assigns, agrees to be bound by and subject to such special stipulations. ISignatures begin on following page] 2898205 -5 I 2496.0001 000 IN WITNESS WHEREOF, Developer and ECN have hereunto set their hands arrd affrxed their seals the day and year first above written. Signed, sealed and delivered in the presence of: ECN LIMITED PARTNERSHIP a Georgia limited partnership U;- \ cnJ,,',.*P( WITNESS State of @lolS. countyo@ My Commirr,o, U*Orr"JSlb Charlotte Kitchen General Partner (signatures continued on next page) 289820s-5 12496.0001 000 Signed, sealed and delivered in the presence of: BRIGHT-MEYER a Tennessee li SPRTNGS, LLC stut" or G([\P%(\ county"@ My commission Expire', bq*.\ltJpU 24lUq (Norarv Sea, ) Suri!$Jf;jrkzffi Chief Manager and Member NOTARY PUB 2898205-s 12496.0001 000 ACCEPTED: Signed, sealed and delivered in the presence of: WITNESS AUGUSTA, GEORGIA Hardie Davis, Jr. As its Mayor By: Attest: of Augusta-Richmond NOTARY PUBLIC State of Georgia, County My Commission Expires (Notary Seal) Clerk of Commission (sEAL) 2898205-5 12496.0001000 EXHIBIT A ISee attached page] 2898205-5 I 2496.0001 000 I e5 i.; ol g: I zq -a8e zI q ! ", FB I "t &Lq. Jirt Td .t Tj liriEliiiiiirEillE Ii[iIiiiIIiIiIEEiI ;#[iffiiiii3i;iiil =B:4frEi:83{58fiH8:=i:E:s:e;E!;fiEt;q*; Ei$ii;liiilEif;ii:: filiiIiiiffiiiEEil t:f;liii;trlr;EEsarsEiixrEix*[i:iixi r;fiIiIiiiffiiInIi e:ii;ii;i;li;iiiE i;: E; Ef, H; q ilg; H u= iEIil3;3;iiIIifi: z{: II3 ^rE z J tr914 i=o I !, c E6 I ,o Ezo z. =E 9I .8 aIc EI t ! 3 8z .1 ts3o, 3I !n E IIe@o p ofi ?h---rr-, ,t !q (' L u2{{8.: Bd ?r iJ !t l.' 98ll FH{q q oi m3g Q @a ;.." bnA C16Y r -a =@a- ooooCOls a _'NTE! o oI I.{ q II $Ill {tglJ' -qi 2898205-5 12496 0001000 EXHIBIT B ISee attached page] 289820s-s I 2496.0001 000 q,f "l iz 3q^3 E'btrr9>{" IgE -{HU:U6a thaa>'cl{ I.l ot @=E PeA 6)su t !A 3x; mi; E == (nvE --lo9 -ee b =; aJq - NPx:r-; oo; s\\t \{ri'\a'.O -r,( ) -l/ -tu-.r'6 \ltIFl iIiIliIiilliIiEIIi gE dr 4sfr2,fl ffi nr 9+ rfr il5{{ dE.{? ZV cn !r.U Er 2-ld3>ztegx.;E fie3r eA CI s 6fi I ilq q d IIilz>rt2n a !.{ E R c li6 E {q! I 10 2898205-5 I 2496.0001 000 EXHIBIT C ISee attached page] 2898205-5 12496 0001000 11 qr{t iE!r!;rl i; lc l5 i;ilr:iliiiI iiiiiiillii! fifiiq". EI! :[; drE11il x.q't-: kX iiE ria iIi-rrI{l uhrhl fii 1, a!bc I 72 2898205-5 I 2496.0001 000 BXHIBIT D SPECIAL STIPULATIONS TO DEED OF DEDICATION AMONG ECN LIMITED PARTNERSHIP, BRIGHT-MEYERS WINDSOR SPRINGS, LLC, AND AUGUSTA, GEORGIA The Deed of Dedication (sometimes, the "Agreement") to which these Special Stipule.tions are attached is hereby made subject to the following provisions, which shall govern and contro any inconsistent provisions of the Agreement. All initially-capitalized terms used but not defined in rhese Special Stipulations shall have the meanings ascribed thereto in the Agreement. l. The easement rights granted by the Agreement are non-exclusive to the Grantee an,l are subject in all respects to any prior easements encumbering the Sewer Easement Area and the rigl'ts of any third parties therein. ECN and Developer, each for itself and its respective successorl; and assigns, agrees that it will not construct any buildings or other permanent structures within the Slewer Easement Area without the prior written consent of Grantee. 2. Grantee agrees to use due care in any use of the Sewer Easement Area and irr the construction, installation, repair, replacement and maintenance of either the Sanitary Sew::rage System or the Sewer Easement Area as provided for herein so as not to unreasonably disturb Grantor's use of its property. Any entry onto the Sewer Easement Area by Grantee shall be ovr' r the easements granted herein, routes designated or approved by the owner of such property, or pul:,licly traveled routes and shall, except in cases of emergency, be conducted in such a manner so ls to minimize interference with construction and business activities on the burdened property. 3. Unless the owners of the ECN Property and the Developer Property subsequently agree to the contrary in writing, the sanitary sewer facilities presently installed within the Sewer Ease:ment Area (and replacements thereof), along with any cable, wires, or fiber optics that may be need:d to operate, maintain and controls the Sanitary Sewerage System, shall be the only facilities placed in the Sewer Easement Area by Grantee and shall be underground facilities maintained at or below cttrrent depths, (except for any manholes and lift station, or other like surface installations currently exiriting) so as to avoid interference with ECN's and Developer's and their respective successors' and assrigns' use of its respective property. 4. Grantee shall be responsible to repair, maintain and replace any and all sanitary r;ewer facilities within the Sewer Easement Area so that same are and remain in good order, conditiorr and repair. Upon completion of any repair, maintenance and/or replacement work within the Slewer Easement Area, Grantee shall restore in a commercially reasonable manner the Sewer Easement Area and any surrounding affected areas, to its condition which existed prior to the installation of any of its improvements in the Sewer Easement Area, including but not limited to the replacement o: any sod, landscaping, paving or other improvements that existed within the Sewer Easement Area pr or to such work. In exercising any rights and privileges under this easement, Grantee shall comply with any and all applicable federal, state and local laws, rules, regulations, statutes, codes, orderi, and ordinances, including, but not limited to, those governing the prevention, abatement and elimirration of pollution and/or protection of the environment and the employment of its workers, an<l any federal, state or local laws, regulations, ordinances, permits or other authorizations or approvi:.ls or 2898205-5 12496.0001 000 13 other requirements relating to storm water discharges or the control of erosion or sediment dischrrrges from construction projects, including but not limited to the Clean Water Act,33 U.S.C. $ l25l et seq., and the Storm Water General Permit for Discharges Associated with Construction Activitie;. 5. ECN and Developer agree that should either one damage, or cause to be damaged any portion of the Sanitary Sewerage System, within the Sewer Easement Area, by its negligent or u'illful act, the offending party shall be responsible for any and allrepair and/or replacement of said facilities and shall complete said repair and/or replacement within a reasonable time. If, in the event of an emergency, ECN or the Developer is unable to respond in a timely manner, Grantee sha ll be authorized to erect barricades, traffic direction devices and such other temporary measures a i are necessary to remedy the emergency nature of the problem at the offending party's expense and r'llow said party time to make the needed repairs. 6. ECN and Developer reserve the right, at any time, from time to time and at the solt: cost and expense of such owner, to relocate that portion of the Sewer Easement Area located <rn its property in connection with development or redevelopment on such owner's property and, itt the event of such relocation, such owner shall be entitled to remove the sanitary sewer facilities v,ithin the Sewer Easement Area and relocate same to the relocated area of the Sewer Easement fc,r the sanitary sewer facilities in accordance with plans and specifications approved in writing by Grantee, such approval not to be unreasonably withheld, delayed or conditioned. In the event o1' any relocation, the parties will enter into an amendment to the Agreement to reflect relocation c I the Sewer Easement Area, and the Grantee will, by quitclaim deed or other appropriate documentati,rn in recordable form, release its interests in the original Sewer Easement Area from which the sarritary sewer facilities are relocated 7. Grantee hereby agrees to indemnify, defend and hold harmless ECN and Developer and their respective successors, transferees and assigns from and against any and all claims, acr:ions, demands, liabilities, causes of action, law suits, judgments, attorneys' fees, expenses, and any rrther legal obligations arising out of the operation, use, maintenance, repair, replacement or remot'al of the sanitary sewer facilities or any of same or otherwise arising out of Grantee's use and enjoytnent of the Sewer Easement herein conveyed, provided that said claims, actions, demands, causr:s of actions, lawsuits, etc. are the direct result of the gross negligence or intentional act of Gral'tee's employees, agent, invitee, or licensee. Grantee does not assume risk nor will it be held responsible or liable for damages, injuries, loss, claims, actions, demands, causes of actions, lawsuits, etc. caused by negligent or intentional acts of ECN and/or Developer, and/or their respective succet;sors, transferees and assigns. In agreeing to this clause, Grantee does not waive any legal defl,nses available to Crantee as a governmental entity, and hereby expressly reserves the right to assert such as deemed necessary. 2898205-5 12496.000 I 000 t4 Engineering Services Committee Meeting 8/11/2015 1:15 PM Nuite Estate Sanitary Sewer Deed of Dedication Department:Augusta Utilities Department Caption:Consider accepting Nuite Estate Sanitary Sewer Deed of Dedication. Background:The Nuite Estate Sanitary Sewer, was constructed circa 1986 by Ella Clark Nuite and was used to support the businesses (Rite Aid, Taco Bell, Sonic, etc.) that were developed on the Nuite property, at the corner of Tobacco and Windsor Spring Roads. Currently, a portion of the Nuite (now known as ECN) property is being purchased by Bright-Meyers. A Walmart Neighborhood Market is being constructed, on the site. Because approximately half of the sanitary sewer is located on the Bright-Meyers property, Bright- Meyers has requested that Augusta accept the sanitary sewer into its public system. Analysis:The Nuite Sanitary Sewer has been examined, by the Augusta Utilities Department (AUD), and deemed to be in good working order. The businesses connected to the sanitary sewer are paying sewer service charges to AUD. The commercial ventures, in this area, are expanding quickly and the sanitary sewer can be used for furture expansion. Financial Impact:None Alternatives:Deny the motion to approve and accept the Nuite Estate Sanitary Sewer Deed of Dedication. Recommendation:Approve the motion to approve and accept the Nuite Estate Sanitary Sewer Deed of Dedication. Funds are Available in the Following Accounts: N/C REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission