HomeMy WebLinkAbout2015-09-08-Meeting Mintues
Engineering Services Committee Meeting Commission Chamber - 9/8/2015
ATTENDANCE:
Present: Hons. Fennoy, Chairman; Hasan, Vice Chairman; Smith and
Guilfoyle, members.
Absent: Hon. Hardie Davis, Jr., Mayor.
ENGINEERING SERVICES
1. Approve the honorary naming of Eighth Street to Jessye Norman Boulevard.
(Requested by Commissioner Fennoy)
Item
Action:
Approved
Motions
Motion
Type Motion Text Made
By
Seconded
By
Motion
Result
Unanimous consent is given to add
this item to the agenda.
Motions
Motion
Type Motion Text Made By Seconded By Motion
Result
Approve
Motion to
approve.
Motion Passes
4-0.
Commissioner
Grady Smith
Commissioner
Wayne Guilfoyle Passes
2. Approve Change Order in the amount of $126,290 for the Goodrich Street
RWPS Improvements Project and specifically #1 turbine refurbishment for
American Hydro Corporation (RFQ 13-193). Funded from the 2014 CIP Bond
Fund.
Item
Action:
Approved
Motions
Motion
Type Motion Text Made By Seconded By Motion
Result
Motion to
approve. Commissioner Commissioner
Approve Motion Passes
4-0.
Wayne Guilfoyle Grady Smith Passes
3. Consider approval of RFQ #15-139A: Sanitary Sewer Connection Services Task
Order Program (2015) for the City of Augusta - Utilities Department in the
amount of $1,000,000 for execution by Universal Plumbing and Southern
Services as qualified and selected contractors.
Item
Action:
Approved
Motions
Motion
Type Motion Text Made By Seconded By Motion
Result
Approve
Motion to approve.
Mr. Hasan out.
Motion Passes 3-0.
Commissioner
Wayne Guilfoyle
Commissioner
Grady Smith Passes
4. Authorize the Environmental Services Department to have up to 4 scrap tire
amnesty days per year.
Item
Action:
Approved
Motions
Motion
Type Motion Text Made By Seconded By Motion
Result
Approve
Motion to
approve.
Motion Passes
4-0.
Commissioner
Wayne Guilfoyle
Commissioner
Grady Smith Passes
5. Authorize the Environmental Services Department to set up a non-profit,
community group pay for tire recycling program.
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. Approve Professional Services Agreement with James G. Swift and Associates
in the amount of $448,685 for the Boykin Road/Travis Pines Area Sewer
Extension and Water Main Improvement Project.
Item
Action:
Approved
Motions
Motion
Type Motion Text Made By Seconded By Motion
Result
Approve
Motion to approve.
Mr. Hasan out.
Motion Passes 3-0.
Commissioner
Grady Smith
Commissioner
Wayne Guilfoyle Passes
7. Discuss a revision to Augusta, Georgia Code, Title 4 Chapter 2, section 4-2-2, to
provide standards for unlawful dumping or storing of solid waste, or the
accumulation of weeds and noxious vegetation on vacant lots and unoccupied
parcels of land.
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
Wayne Guilfoyle Passes
8. Approve and receive as information the emergency construction services at 7th
and Reynolds Street American Disabilities Act (ADA) Ramp and Roadway
Emergency Modification Project in the amount of $44,785.00 for Horizon
Construction & Associates as requested by AED.
Item
Action:
Approved
Motions
Motion
Type Motion Text Made By Seconded By Motion
Result
Approve
Motion to approve.
Mr. Hasan out.
Motion Passes 3-0.
Commissioner
Grady Smith
Commissioner
Wayne Guilfoyle Passes
9. Approve expense of crane rental for the reinstallation of #1 turbine at the
Goodrich Street Raw Water Pumping Station.
Item
Action:
Approved
Motions
Motion
Type Motion Text Made By Seconded By Motion
Result
Approve
Motion to approve.
Mr. Hasan out.
Motion Passes 3-0.
Commissioner
Wayne Guilfoyle
Commissioner
Grady Smith Passes
10. Approve purchase order correction and change order in the amount of
$80,105.18 for Blair Construction.
Item
Action:
Approved
Motions
Motion
Type Motion Text Made By Seconded By Motion
Result
Approve
Motion to approve.
Mr. Hasan out.
Motion Passes 3-0.
Commissioner
Grady Smith
Commissioner
Wayne Guilfoyle Passes
11. Motion to approve the minutes of the Engineering Services Committee held on
August 25, 2015.
Item
Action:
Approved
Motions
Motion
Type Motion Text Made By Seconded By Motion
Result
Approve
Motion to approve.
Mr. Hasan out.
Motion Passes 3-0.
Commissioner
Grady Smith
Commissioner
Wayne Guilfoyle Passes
12. Approve payment to Blair Construction for emergency repairs to the Rocky
Creek Trunk Sewer in the amount of $301,650.
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
Wayne Guilfoyle Passes
13. Motion to approve and accept a Deed of Dedication from USPG Portfolio Five,
LLC (Sam's Club).
Item
Action:
Approved
Motions
Motion
Type Motion Text Made By Seconded By Motion
Result
Approve Motion to
approve.
Motion Passes
Commissioner
Grady Smith
Commissioner
Wayne Guilfoyle Passes
www.augustaga.gov
4-0.
Engineering Services Committee Meeting
9/8/2015 1:15 PM
Attendance 9/8/15
Department:
Caption:
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Engineering Services Committee Meeting
9/8/2015 1:15 PM
Honorary Naming of Eighth Street
Department:Clerk of Commission
Caption:Approve the honorary naming of Eighth Street to Jessye Norman
Boulevard. (Requested by Commissioner Fennoy)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Engineering Services Committee Meeting
9/8/2015 1:15 PM
#1 Turbine, Raw Water Pumping Station
Department:Augusta Utilities Department
Caption:Approve Change Order in the amount of $126,290 for the
Goodrich Street RWPS Improvements Project and specifically #1
turbine refurbishment for American Hydro Corporation (RFQ 13-
193). Funded from the 2014 CIP Bond Fund.
Background:At the February 18, 2014 Commission meeting, Weir American
Hydro was awarded a contract to refurbish the existing #1 turbine
and build the new #9 turbine for the Raw Water Pumping Station.
The original contract amount was $5,288,200. During the
refurbishment of #1 turbine, unforseen internal defects were
revealed that were not originally anticipated. Also, we elected to
automate the gearbox that adjusts the wicket gates, which will
allow the operators to adjust the output power remotely.
Analysis:This change order consists of additional work that could not have
been forseen at the time of contract award, as well as project
enhancements that will improve the operation of the pumping
system. Augusta Utilities Department has reviewed the change
order and requests approval of the additional funds in the amount
of $126,290.00
Financial Impact:Funds are provided 512043410-5225110/81400010-5225110
Alternatives:No viable alternative
Recommendation:Augusta Utilities Department recommends the Commission
approve the change order to the contract with American Hydro
Corporation in the amount of $126,290.00
Funds are Available
in the Following
Accounts:
512043410-5225110/81400010-5225110
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
STATE OF GEORGIA
RICHMOND COUNTY
MAJOR PROJECTS
SANITARY SEWER CONNECTION SERVICES AGREEMENT
BETWEEN
AUGUSTA, GEORGIA
AND
PLUMBER
This Agreement is made and entered into this ______ day of _ ___________, 20 by and between
AUGUSTA, Georgia, a political subdivision of the State of Georgia, hereinafter called
“AUGUSTA” and , a Corporation authorized to do business in Georgia,
hereinafter called the "PLUMBER."
WHEREAS, AUGUSTA desires to engage a qualified and experienced consulting firm to furnish
professional services for:
WHEREAS, the PLUMBER has represented to AUGUSTA that it is experienced and qualified to
provide the services contained herein and AUGUSTA has relied upon such representation.
NOW, THEREFORE, in consideration of the mutual promises and covenant herein contained, it is
agreed by and between AUGUSTA and the PLUMBER that:
CONTRACT DOCUMENTS AND SPECIFICATIONS
FOR
SANITARY SEWER CONNECTION PROGRAM
SERVICES
Augusta, Georgia
The Honorable Hardie Davis, Jr., Mayor
Commissioners:
William Fennoy
Dennis Williams
Sammie Sias
Ben Hasan
Bill Lockett
Sean Franton
Mary Davis
Wayne Guilfoyle
Marion Williams
Grady Smith
Tom D. Wiedmeier
Director, Augusta Utilities Department
Augusta Utilities Department
360 Bay Street, Suite 180
Augusta, GA 30901
DATE
September 15, 2015
GENERAL CONDITIONS
ARTICLE --DEFINITIONS
Wherever used in this Agreement or in other Contract Documents, whether in the singular or in
the plural, the following terms shall have the following meanings:
Addenda-Any changes, revisions or clarifications of the Contract Documents which have been
duly issued by AUGUSTA to prospective Bidders prior to the time of opening of Bids.
Agreement-The written agreement between AUGUSTA and PLUMBER covering the Work to be
performed; other Contract Documents are attached to the Agreement and made a part thereof as
provided therein.
Agreement Execution - means the date on which PLUMBER executes and enters into an
Agreement with AUGUSTA to perform the Work.
Agreement Price - means the total monies, adjusted in accordance with any provision herein,
payable to the PLUMBER under this Agreement.
Application for Payment-The form accepted by PROJECT MANAGER which is to be used by
PLUMBER in requesting progress or final payments and which is to include such supporting
documentation as is required by the Contract Documents.
AUGUSTA –means a legal entity AUGUSTA, Georgia, a political subdivision of the State of
Georgia.
Bid-The offer or proposal of the bidder submitted on the prescribed form setting forth the price(s)
for the Work to be performed.
Bonds-Bid, performance and payment bonds and other instruments of security furnished by
PLUMBER and its Surety in accordance with the Contract Documents.
Change Order-- A document recommended by PROJECT MANAGER, which is signed by
PLUMBER and AUGUSTA, and authorizes an addition, deletion or revision in the Work, or an
adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the
Agreement.
Contract - means the Agreement Documents specifically identified and incorporated herein by
reference.
Contract Documents- All documents which define the scope of the project, including but not
limited to, this Agreement, task orders, specifications, advertisement for bids, instructions to
bidders, the bid, the proposal, bonds, general conditions, special conditions, insurance and
technical specifications.
Contract Price-The moneys payable by AUGUSTA to PLUMBER under the Contract Documents
as stated in the Agreement and/or Task Orders
Contract Time - means the period of time stated in this Agreement for the completion of the
Work.
Day-Either a working day or calendar day as specified in the bid documents. If a calendar day
shall fall on a legal holiday, that day will be omitted from the computation. Legal Holidays: New
Year’s Day, Martin Luther King Day, Memorial Day, 4th of July, Labor Day, Veterans Day,
Thanksgiving Day and the following Friday, and Christmas Day.
Defective- An adjective which, when modifying the word Work, refers to Work that is
unsatisfactory, faulty or deficient, does not conform to the Contract Documents, or does not meet
the requirements of any inspection, reference standard, test or approval referred to in the
Contract Documents, or has been damaged prior to PROJECT MANAGER's recommendation of
final payment, unless responsibility for the protection thereof has been assumed by AUGUSTA at
Substantial Completion (in accordance with paragraph 14.8 or 14.10).
Drawings-The drawings which show the character and scope of the Work to be performed and
which have been prepared or approved by PROJECT MANAGER and are referred to in the
Contract Documents.
Effective Date of the Agreement-The date indicated in the Agreement on which it becomes
effective, but if no such date is indicated it means the date on which the Agreement is signed by
the Mayor of Augusta, Georgia.
Field Order-A written order issued by PROJECT MANAGER that modifies Drawings and
Specifications, but which does not involve a change in the Contract Price or the Contract Time.
Laws or Regulations-Laws, rules, regulations, ordinances, codes and/or orders.
Notice of Award-The written notice by AUGUSTA to the apparent successful bidder stating that
upon compliance by the apparent successful bidder with the conditions precedent enumerated
therein, within the time specified, AUGUSTA will sign and deliver the Agreement.
Notice to Proceed-A written notice given by PROJECT MANAGER to PLUMBER fixing the date
on which the Contract Time will commence to run and on which PLUMBER shall start to perform
PLUMBER'S obligations under the Contract Documents and/or the Task Orders.
PLUMBER - means the party or parties contracting directly with AUGUSTA to perform Work
pursuant to this Agreement.
PROJECT MANAGER-The Architectural/Engineering firm or individual or in-house licensed
person designated to perform the design and/or resident engineer services for the Work.
Specifications-Those portions of the Contract Documents consisting of written technical
descriptions of materials, equipment, construction systems, standards and workmanship as
applied to the Work and certain administrative details applicable thereto.
Subcontractor - means any person, firm, partnership, joint venture, company, corporation, or
entity having a contractual agreement with PLUMBER or with any of its subcontractors at any
tier to provide a part of the Work called for by this Agreement.
Substantial Completion-The Work (or a specified part thereof) has progressed to the point where,
in the opinion of PROJECT MANAGER as evidenced by PROJECT MANAGER's definitive
certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract
Documents, so that the Work (or specified part) can be used for the purposes for which it is
intended, or if there be no such certificate issued, when final payment is due in accordance with
paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to
any Work refer to Substantial Completion thereof.
Supplemental Agreement - means a written order to PLUMBER signed by AUGUSTA and
accepted by PLUMBER, effecting an addition, deletion or revision in the Work, or an adjustment
in the Agreement Price or the Contract Time, issued after execution of this Agreement.
Task Order – means a written order specifying a Scope of Services, time of completion and
compensation limit for services being provided by PLUMBER. Task Orders shall be incorporated
by reference as part of the Supplemental Conditions of this Agreement.
Work - means any and all obligations, duties and responsibilities, including the abandonment of
existing septic tanks, running sewer plumbing from subject properties, providing clean-out tap at
subject property line, including all appurtenances related thereto, restoring necessary concrete
and/or asphalt, and services as may be more specifically defined in the Sewer Connection Task
Order, assigned to or undertaken by PLUMBER under this Agreement.
Work Change Directive-A written directive to PLUMBER, issued on or after the Effective Date of
the Agreement and signed by AUGUSTA and recommended by PROJECT MANAGER, ordering
an addition, deletion or revision in the Work, or responding to differing or unforeseen physical
conditions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to
emergencies under paragraph 6.22. A Work Change Directive may not change the Contract Price
or the Contract Time but is evidence that the parties expect that the change directed or
documented by a Work Change Directive will be incorporated in a subsequently issued Change
Order following negotiations by the parties as to its effect, if any, on the Contract Price or
Contract Time as provided in Article 10.
Written Amendment-A written amendment of the Contract Documents, signed by AUGUSTA
and PLUMBER on or after the Effective Date of the Agreement and normally dealing with the
non-engineering or non-technical rather than strictly Work-related aspects of the Contract
Documents.
ARTICLE —CONTRACT DOCUMENTS; INTENT, AMENDING, REUSE
3.1 List of Documents
The Agreement, the Attachments, the General Conditions, the Special Conditions, the
Procurement RFQ/Bid package documents, any Supplemental Written Agreements, including
Task Orders shall constitute the Agreement Documents (the “Agreement”).
Conflict and Precedence
The Agreement Documents are complementary, and what is called for by one is as binding as if
called for by all. In the event there are any conflicting provisions or requirements in the
component parts of this Agreement, the several Agreement Documents shall take precedence in
the following order:
1. Agreement – Including Attachments
2. General Conditions
3. Supplemental Conditions – Including Task Orders
4. Procurement RFQ/Bid package documents
3.2 Intent:
1. The Contract Documents comprise the entire agreement between AUGUSTA and
PLUMBER concerning the Work. The Contract Documents are complementary: what is called for
by one is as binding as if called for by all. The Contract Documents will be construed in
accordance with the law of the State of Georgia.
2. It is the intent of the Contract Documents to describe a functionally complete Project (or
part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials
or equipment that may reasonably be inferred from the Contract Documents or from prevailing
custom or trade usage as being required to produce the intended result will be supplied whether
or not specifically called for. When words or phrases which have a well-known technical or
construction industry or trade meaning are used to describe Work, materials or equipment, such
words shall be interpreted in accordance with that meaning.
3. Except as otherwise specifically stated in the Contract Documents or as may be
provided by amendment or supplement thereto issued by one of the methods indicated in 3.6 or
3.7, the provisions of the Contract Documents shall take precedence in resolving any conflict,
error, ambiguity or discrepancy between the provisions of the Contract Documents and the
provisions of any such standard, specification, manual, code or instruction (whether or not
specifically incorporated by reference in the Contract Documents) and the provisions of any such
Laws or Regulations applicable to the performance of the Work (unless such an interpretation of
the provisions of the Contract Documents would result in violation of such Law or Regulation).
Clarifications and interpretations of the Contract Documents shall be issued by PROJECT
MANAGER as provided in paragraph 9.4.
4. Reference to standards, specifications, manuals or codes of any technical society,
organization or association, or to the Laws or Regulations of any governmental authority,
whether such reference be specific or by implication, shall mean the latest standard, specification,
manual, code or Laws or Regulations in effect at the time of opening of Bids (or on the Effective
Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the
Contract Documents.
5. If, during the performance of the Work, PLUMBER discovers any conflict, error,
ambiguity or discrepancy within the Contract Documents or between the Contract Documents
and any provision of any such Law or Regulation applicable to the performance of the Work or of
any such standard, specification, manual or code or of any instruction of any Supplier referred to
in 6.7, PLUMBER shall so report to PROJECT MANAGER in writing at once and before
proceeding with the Work affected thereby and shall obtain a written interpretation or
clarification from PROJECT MANAGER; however, PLUMBER shall not be liable to AUGUSTA or
PROJECT MANAGER for failure to report any conflict, error, ambiguity or discrepancy in the
Contract Documents unless PLUMBER had actual knowledge thereof or should reasonably have
known thereof.
3.3 Amending and Supplementing Contract Documents:
1.) The Contract Documents may be amended to provide for additions, deletions and
revisions in the Work or to modify the terms and conditions thereof in one or more of the
following ways:
1. a formal Written Amendment,
2. a Change Order (pursuant to paragraph 10.3), or
3. a Work Change Directive (pursuant to paragraph 10.4).
2.) As indicated in paragraphs 11.2 and 12.1, Contract Price and Contract Time may only
be changed by a Change Order or a Written Amendment.
3.) In addition, the requirements of the Contract Documents may be supplemented, and
minor variations and deviations in the Work may be authorized in one or more of the following
ways:
1. a Field Order (pursuant to paragraph 9.5).
2. PROJECT MANAGER's approval of a Shop Drawing or sample (pursuant to
paragraphs 6.24 and 6.26), or
3. PROJECT MANAGER's written interpretation or clarification (pursuant to
paragraph 9.4).
3.4 Reuse of documents:
1.) Neither PLUMBER nor any Subcontractor or Supplier or other person or organization
performing or furnishing any of the Work under a direct or indirect contract with AUGUSTA
shall have or acquire any title to or Ownership rights in any of the Drawings, Specifications or
other documents (or copies of any thereof) prepared by or bearing the seal of PROJECT
MANAGER or PROJECT MANAGER's consultant; and they shall not reuse such Drawings,
Specifications or other documents (or copies of any thereof) on extensions of the Project or any
other project without written consent of AUGUSTA and PROJECT MANAGER and specific
written verification or adaptation by PROJECT MANAGER.
3.5 BINDINGS
It is further agreed that AUGUSTA and PLUMBER each binds itself and themselves, its or their
successors, executors, administrators and assigns to the other party to this Agreement and to its
or their successors, executors and assigns in respect to all covenants of this Agreement. Except as
above, neither AUGUSTA nor the PLUMBER shall assign, sublet or transfer its or their interest in
this Agreement without prior written consent of the other party hereto.
ARTICLE—BONDS AND INSURANCE
5.1 Performance and Other Bonds:
5.1.1 PLUMBER shall furnish performance and payment Bonds, each in an amount at least
equal to the Contract Price as Security for the faithful performance and payment of all
PLUMBER's obligations under the Contract Documents. These Bonds shall remain in effect at
least until one year after the date when final payment becomes due, except as otherwise provided
by Law or Regulation or by the Contract Documents. PLUMBER shall also furnish such other
Bonds as are required by the Supplementary Conditions. All Bonds shall be in the forms
prescribed by Law or Regulation or by the Contract Documents and be executed by such sureties
as are named in the current list of "Companies Holding Certificates of Authority as Acceptable
Sureties on Federal Bonds, and as Acceptable Reinsuring Companies" as published in Circular 570
(amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All Bonds signed
by an agent must be accompanied by a certified copy of the authority to act.
5.2 Licensed Sureties and Insurers; Certificates of Insurance
5.2.1 All bonds and insurance required by the Contract Documents to be purchased and
maintained by PLUMBER shall be obtained from surety or insurance companies that are duly
licensed or authorized in the State of Georgia to issue bonds or insurance policies for the limits
and coverages so required. All bonds signed by an agent must be accompanied by a certified
copy of authority to act. Such surety and insurance companies shall also meet such additional
requirements and qualifications as may be provided in the Supplementary Conditions.
5.2.2. PLUMBER shall deliver to AUGUSTA, with copies to each additional insured
identified in 5.3, an original or a certified copy of the complete insurance policy for each policy
required, certificates of insurance (and other evidence of insurance requested by AUGUSTA or
any other additional insured) which PLUMBER is required to purchase and maintain in
accordance with 5.3.
5.2.3. If the surety on any Bond furnished by PLUMBER is declared bankrupt or becomes
insolvent or its right to do business is terminated in any state where any part of the Project is
located or it ceases to meet the requirements of paragraph 5.1, PLUMBER shall within five days
thereafter substitute another Bond and Surety, both of which must be acceptable to AUGUSTA.
5.3 PLUMBER's Liability Insurance:
5.3.1 PLUMBER shall purchase and maintain such comprehensive general liability and
other insurance as is appropriate for the Work being performed and furnished and as will
provide protection from claims set forth below which may arise out of or result from PLUMBER's
performance and furnishing of the Work and PLUMBER's other obligations under the Contract
Documents, whether it is to be performed or furnished by PLUMBER, by any Subcontractor, by
anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or
by anyone for whose acts any of them may be liable:
5.3.1. Claims under workers' or workmen's compensation, disability benefits and other
similar employee benefit acts;
5.3.2. Claims for damages because of bodily injury, occupational sickness or disease, or
death of PLUMBER's employees;
5.3.3. Claims for damages because of bodily injury, sickness or disease, or death of any
person other than PLUMBER's employees;
5.3.4. Claims for damages insured by personal injury liability coverage which are
sustained (a) by any person as a result of an offense directly or indirectly related to the
employment of such person by PLUMBER, or (b) by any other person for any other reason;
5.3.5. Claims for damages, other than to the Work itself, because of injury to or
destruction of tangible property wherever located, including loss of use resulting therefrom;
5.3.6. Claims arising out of operation of Laws or Regulations for damages because of
bodily injury or death of any person or for damage to property; and
5.3.7. Claims for damages because of bodily injury or death of any person or property
damage arising out of the OWNERSHIP, maintenance or use of any motor vehicle.
The insurance required by this paragraph 5.3 shall include the specific coverage’s and be written
for not less than the limits of liability and coverage’s provided in the Supplementary Conditions,
or required by law, whichever is greater. The comprehensive general liability insurance shall
include completed operations insurance. All of the policies of insurance so required to be
purchased and maintained (or the certificates or other evidence thereof) shall contain a provision
or endorsement that the coverage afforded will not be canceled, materially changed or renewal
refused until at least thirty days prior written notice has been given to AUGUSTA, PROGRAM
MANAGER, and PROJECT MANAGER by certified mail. All such insurance shall remain in
effect until final payment and at all times thereafter when PLUMBER may be correcting,
removing or replacing defective Work in accordance with paragraph 13.12. In addition,
PLUMBER shall maintain such completed operations insurance for at least two years after final
payment and furnish AUGUSTA with evidence of continuation of such insurance at final
payment and one year thereafter.
5.4 Contractual Liability Insurance:
5.4.1 The comprehensive general liability insurance required by paragraph 5.3 will include
contractual liability insurance applicable to PLUMBER's obligations under paragraphs 6.32 and
6.33.
5.5 Indemnification
5.5.1. PLUMBER shall indemnify and hold harmless AUGUSTA, PROGRAM MANAGER,
and its employees and agents from and against all liabilities, claims, suits, demands, damages,
losses, and expenses, including attorneys’ fees, arising out of or resulting from the performance of
its Work, provided that any such liability, claim, suit, demand, damage, loss, or expense (a) is
attributable to bodily injury, sickness, disease or death, or injury to or destruction of tangible
property, including the loss of use resulting therefrom and (b) is caused in whole or in part by an
act or omission of PLUMBER, any Subcontractor, anyone directly or indirectly employed by any
of them, or anyone for whose acts any of them may be liable, whether or not it is caused in whole
or in part by the negligence or other fault of a party indemnified hereunder.
5.5.2. In any and all claims against AUGUSTA or any of its agents or employees by any
employee of PLUMBER, any Subcontractor, anyone directly or indirectly employed by any of
them, or anyone for whose acts any of them may be liable, the indemnification obligation under
the previous paragraph shall not be limited in any way as to the amount or type of damages,
compensation or benefits payable by or for PLUMBER or any SUBPLUMBER under workmen’s
compensation acts, disability benefit acts, or other employee benefit acts.
5.5.3. PLUMBER shall indemnify and hold harmless AUGUSTA and anyone directly or
indirectly employed by it from and against all claims, suits, demands, damages, losses expenses
(including attorneys’ fees) arising out of any infringement on patent or copyrights held by others
and shall defend all such claims in connection with any alleged infringement of such rights.
5.6 CONTRACTOR’S LIABILITY INSURANCE:
Insurance shall be written with limits of liability shown below or as required by law,
whichever is greater:
Commercial General Liability (per occurrence) Each Occurrence $ 1,000,000
General Aggregate $ 2,000,000
Products $ 2,000,000
Personal & Adv Injury $ 1,000,000
Fire Damage $ 500,000
Automobile Liability (any auto) Combined Single Limit $ 1,000,000
Excess Liability (any auto) Each Occurrence $ 5,000,000
Workers Compensation Statutory Limits
Employer Liability $1,000,000
ARTICLE—PLUMBER’S RESPONSIBILITIES
6.1. PLUMBER shall supervise and direct the Work competently and efficiently, devoting such
attention thereto and applying such skills and expertise as may be necessary to perform the Work
in accordance with the Contract Documents. PLUMBER shall be solely responsible for the means,
methods, techniques, sequences and procedures of Work. PLUMBER shall be responsible to see
that the finished Work complies accurately with the Contract Documents.
1. PROFESSIONAL STANDARDS
The standard of care for all services performed or furnished by PLUMBER under this
Agreement will be the level of care and that is ordinarily used by members of PLUMBER’S
profession practicing under similar conditions.
6.2. PLUMBER shall keep on the Work, at all times during its progress, a competent resident
superintendent, who shall not be replaced without written notice to AUGUSTA and PROJECT
MANAGER except under extraordinary circumstances. The superintendent will be PLUMBER's
representative at the site and shall have authority to act on behalf of PLUMBER. All
communications to the superintendent shall be as binding as if given to PLUMBER.
ARTICLE— WARRANTY AND GUARANTEE; CORRECTION,
REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK
12.1 Warranty and Guarantee:
1. PLUMBER warrants and guarantees to AUGUSTA that all materials and equipment
will be new unless otherwise specified and that all work will be of good quality, performed in a
workmanlike manner, free from faults or defects, and in accordance with the requirements of the
Contract Documents and any inspections, tests, or approvals referred to in this Article. All
unsatisfactory Work, all faulty Work and all Work not conforming to the requirements of the
Contract Documents or such inspections, tests, approvals, or all applicable building, construction
and safety requirements shall be considered defective. Notice of all defects shall be given to
PLUMBER by PROJECT MANAGER. All defective work, whether or not in place, may be
rejected, corrected, or accepted as provided in this Article.
2. PLUMBER shall warrant and guarantee to each individual property owner that all
materials and equipment will be new unless otherwise specified and that all work will be of good
quality, performed in a workmanlike manner, free from faults or defects, and in accordance with
the requirements of the Contract Documents and any inspections, tests, or approvals referred to
in this Article. All unsatisfactory Work, all faulty Work and all Work not conforming to the
requirements of the Contract Documents or such inspections, tests, approvals, or all applicable
building, construction and safety requirements shall be considered defective.
12.2 Access to Work:
1. For the duration of the Work, PROJECT MANAGER and its representatives, other
designated representatives of AUGUSTA, and authorized representatives of any regulatory
agency shall at all times be given access to the Work. PLUMBER shall provide proper facilities for
such access and observation of the Work and also for any inspection or testing by others.
12.3 Uncovering Work:
1. If any Work required to be inspected, tested or approved is covered prior thereto
without the prior written approval of PROJECT MANAGER, or if any Work is covered contrary
to the request of PROJECT MANAGER, the Work shall, if requested by PROJECT MANAGER, be
uncovered for observation, inspection, testing or approval and replaced at PLUMBER’s expense.
2. If PROJECT MANAGER considers it necessary or advisable that covered Work be
observed by PROJECT MANAGER or inspected or tested by others, PLUMBER, at PROJECT
MANAGER's request, shall uncover, expose or otherwise make available for observation,
inspection or testing as PROJECT MANAGER may require, that portion of the Work in question,
furnishing all necessary labor, material and equipment. If it is found that such Work is defective,
PLUMBER shall bear all direct and consequential costs of such uncovering, exposure,
observation, inspection and testing and of satisfactory reconstruction (including but not limited to
fees and charges of PROJECT MANAGERs, architects, attorneys and other PROJECT
MANAGERs), and AUGUSTA shall be entitled to an appropriate decrease in the Contract Price
and, if the parties are unable to agree as to the amount thereof, AUGUSTA may make a claim
therefor as provided in Article 11. If, however, such Work is not found to be defective, PLUMBER
shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both,
directly attributable to such uncovering, exposure, observation, inspection, testing and
reconstruction, and, if the parties are unable to agree as to the amount or extent thereof,
PLUMBER may make a claim therefor as provided in Articles 11 and 12.
12.4 AUGUSTA May Stop the Work:
1. When Work is defective or when PLUMBER fails to supply sufficient skilled workmen
or suitable materials or equipment or make prompt payments to Subcontractors for labor,
materials, or equipment or if PLUMBER violates any provisions of these Contract Documents,
AUGUSTA may order PLUMBER to stop the Work until the cause for such order has been
eliminated. However, this right of AUGUSTA to stop the Work shall not give rise to any duty on
the part of AUGUSTA to exercise this right for the benefit of PLUMBER or any other party.
PLUMBER shall have no right to claim an increase in the Contract Price or Contract Time or other
damages for a stop work order under this paragraph.
12.5 Correction or Removal of Defective Work:
1. When directed by PROJECT MANAGER, PLUMBER shall promptly, without cost to
AUGUSTA and as specified by PROJECT MANAGER, either correct the defective Work whether
fabricated, installed, or completed, or remove it from the site and replace it with non-defective
Work. If PLUMBER does not correct such defective Work or remove and replace such defective
Work within a reasonable time, as specified in a written notice from PROJECT MANAGER,
AUGUSTA may have the deficiency corrected. All direct and indirect costs of such correction
shall be paid by PLUMBER or deducted from payment to PLUMBER. PLUMBER will also bear
the expense of correcting or removing and replacing all Work of others destroyed or damaged by
the correction, removal, or replacement of the defective Work.
12.6 One Year Correction Period:
1. If, after approval of final payment and prior to the expiration of one year after the date
of substantial completion or such longer period of time as may be prescribed by law or by the
terms of any applicable special guarantee required by the Contract Documents, any Work or
materials are found to be defective, incomplete, or otherwise not in accordance with the Contract
Documents, PLUMBER shall promptly, without cost to AUGUSTA and in accordance with
AUGUSTA’s written instructions, either correct such defective Work or if it has been rejected by
AUGUSTA, remove it from the Site and replace it with non-defective Work. If PLUMBER does
not promptly comply with the terms of such instructions, AUGUSTA may have the defective
Work corrected, removed, or replaced. All direct, indirect and consequential costs of such
removal and replacement (including but not limited to fees and charges of engineers, architects,
attorneys and other PROJECT MANAGERs) will be paid by PLUMBER.
12.7 Neglected Work by PLUMBER
1. If PLUMBER neglects to execute the Work in accordance with the Contract Documents,
including any requirements of the progress schedule, PROJECT MANAGER may direct
PLUMBER to submit a recovery plan and take specific corrective actions including, but not
limited to, employing additional workmen and/or equipment, and working extended hours and
additional days, all at no cost to AUGUSTA in order to put the Work back on schedule. If
PLUMBER fails to correct the deficiency or take appropriate corrective action, AUGUSTA may
terminate the contract or PLUMBER’s right to proceed with that portion of Work and have the
Work done by others. The cost of completion under such procedure shall be charged against
PLUMBER. A Change Order shall be issued incorporating the necessary revisions in the Contract
Documents, including an appropriate reduction in the Contract Price. If the payments due
PLUMBER are not sufficient to cover such amount, PLUMBER shall pay the difference to
AUGUSTA.
2. Should PLUMBER work overtime, weekends or holidays to regain the schedule, all
costs to AUGUSTA of associated inspection, construction management and resident engineers
shall be identified to PLUMBER and the Contract Price reduced by a like amount via Change
Order.
ARTICLE— SUSPENSION OF WORK AND TERMINATION
13.1 AUGUSTA May Suspend Work:
1. AUGUSTA may, at any time and without cause, suspend the Work or any portion
thereof for a period of not more than ninety days by notice in writing to PLUMBER and PROJECT
MANAGER which will fix the date on which Work will be resumed. PLUMBER shall resume the
Work on the date so fixed. PLUMBER shall be allowed an adjustment in the Contract Price or an
extension of the Contract Time, or both, directly attributable to any suspension if PLUMBER
makes an approved claim therefor as provided in Articles 11 and 12.
13.2 Termination For Cause:
1. Upon the occurrence of any one or more of the following events:
1.1. if PLUMBER commences a voluntary case under any chapter of the
Bankruptcy Code (Title 11, United States Code), as now or hereafter in effect, or if PLUMBER
takes any equivalent or similar action by filing a petition or otherwise under any other federal or
state law in effect at such time relating to the bankruptcy or insolvency;
1.2. if a petition is filed against PLUMBER under any chapter of the Bankruptcy
Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such
equivalent or similar relief against PLUMBER under any other federal or state law in effect at the
time relating to bankruptcy or insolvency;
1.3. if PLUMBER makes a general assignment for the benefit of creditors;
1.4. if a trustee, receiver, custodian or agent of PLUMBER is appointed under
applicable law or under contract, whose appointment or authority to take charge of property of
PLUMBER is for the purpose of enforcing a Lien against such property or for the purpose of
general administration of such property for the benefit of PLUMBER's creditors;
1.5. if PLUMBER admits in writing an inability to pay its debts generally, as they
become due;
1.6. if PLUMBER fails to perform the Work in accordance with the Contract
Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable
materials or equipment or failure to adhere to the progress schedule established under paragraph
2.9 as revised from time to time);
1.7. if PLUMBER disregards Laws or Regulations of any public body having
jurisdiction;
1.8. if PLUMBER disregards the authority of PROJECT MANAGER; or
1.9. if PLUMBER otherwise violates in any substantial way any provisions of the
Contract Documents,
AUGUSTA may, after giving PLUMBER (and the surety, if there be one) seven days'
written notice and to the extent permitted by Laws and Regulations, terminate the services of
PLUMBER, exclude PLUMBER from the site and take possession of the Work and of all
PLUMBER's tools, appliances, construction equipment and machinery at the site and use the
same to the full extent they could be used by PLUMBER (without liability to PLUMBER for
trespass or conversion), incorporate in the Work all materials and equipment stored at the site or
for which AUGUSTA has paid PLUMBER but which are stored elsewhere, and finish the Work as
AUGUSTA may deem expedient. In such case PLUMBER shall not be entitled to receive any
further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds
the direct, indirect and consequential costs of completing the Work (including but not limited to
fees and charges of PROJECT MANAGERs, architects, attorneys and other PROJECT
MANAGERs and court and arbitration costs) such excess will be paid to PLUMBER. If such costs
exceed such unpaid balance, PLUMBER shall pay the difference to AUGUSTA. Such costs
incurred by AUGUSTA will be approved as to reasonableness by PROJECT MANAGER and
incorporated in a Change Order, but when exercising any rights or remedies under this
paragraph, AUGUSTA shall not be required to obtain the lowest price for the Work performed.
2. In the event AUGUSTA terminates the contract for cause and it is subsequently
judicially determined that there was no cause for termination, the termination for convenience
provision will be the means for disposition of the balance of the contract obligations.
13.3 Termination for Convenience
Upon seven working days’ written notice to PLUMBER and PROJECT MANAGER,
AUGUSTA may, without cause and without prejudice to any other right or remedy of
AUGUSTA, elect to terminate the Contract. In such case, PLUMBER shall be paid (without
duplication of any items):
1. For completed and acceptable Work executed in accordance with the Contract
Documents prior to the effective date of termination, including fair and reasonable sums for
overhead and profit on such Work;
2. For expenses sustained prior to the effective date of termination in performing services
and furnishing labor, materials or equipment as required by the Contract Documents in
connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on
such expenses;
3. For all claims, costs, losses and damages incurred in settlement of terminated contracts
with Subcontractors, suppliers and others; and
4. For reasonable expenses directly attributable to termination.
5. PLUMBER shall not be paid on account of loss of anticipated profits or revenue or
other economic loss arising out of or resulting from such termination.
6. Where PLUMBER's services have been so terminated by AUGUSTA, the
termination will not affect any rights or remedies of AUGUSTA against PLUMBER then existing
or which may thereafter accrue. Any retention or payment of moneys due PLUMBER by
AUGUSTA will not release PLUMBER from liability.
13.4 PLUMBER May Stop Work or Terminate:
If through no act or fault of PLUMBER, the Work is suspended for a period of more than
ninety calendar days by AUGUSTA or under an order of court or other public authority, or
PROJECT MANAGER fails to act on any Application for Payment within thirty days after it is
submitted or AUGUSTA fails for thirty-one days to pay PLUMBER any sum finally determined to
be due, then PLUMBER may upon seven working days’ written notice to AUGUSTA and
PROJECT MANAGER and provided AUGUSTA or PROJECT MANAGER did not remedy such
suspension or failure within that time, terminate the Agreement and recover from AUGUSTA
payment on the same terms as provided in 15.2. In lieu of terminating the Agreement and
without prejudice to any other right or remedy, if PROJECT MANAGER has failed to act on an
Application for Payment within thirty days after it is submitted or AUGUSTA has failed for
thirty-one calendar days after it is submitted to pay PLUMBER any sum finally determined to be
due, PLUMBER may upon seven days’ written notice to AUGUSTA and PROJECT MANAGER
stop the Work until receipt of payment of all such amounts due PLUMBER, including interest
thereon. The provisions of this paragraph are not intended to preclude PLUMBER from making
claim under Articles 11 and 12 for an increase in Contract Price or Contract Time or otherwise for
expenses or damage directly attributable to PLUMBER’s stopping Work as permitted by this
paragraph. The provisions of this paragraph shall not relieve PLUMBER of the obligations under
paragraph 6.30 to carry on the Work in accordance with the progress schedule and without delay
during disputes and disagreements with AUGUSTA.
13.5 SPECIFIED EXCUSES FOR DELAY OR NON-PERFORMANCE
PLUMBER is not responsible for delay in performance caused by hurricanes, tornadoes, floods,
and other severe and unexpected acts of nature. In any such event, the contract price and
schedule shall be equitably adjusted.
ARTICLE— PAYMENTS TO PLUMBER AND COMPLETION
-PAYMENTS SHALL BE MADE IN ACCORDANCE WITH TASK ORDERS FOR EACH OF THE
INDIVIDUAL PROPERTIES
When AUGUSTA authorizes the PLUMBER to proceed with the work authorized in a Task
Order, it agrees to pay the PLUMBER for work completed, on the basis of the standard billing
rates shown in Attachment B to the Contract of those principals and employees engaged directly
on the work.
GEORGIA PROMPT PAY ACT:
This Agreement is intended by the Parties to, and does, supersede any and all provisions of the
Georgia Prompt Pay Act, O.C.G.A. Section 13-11-1, et seq. In the event any provision of this
Agreement is inconsistent with any provision of the Prompt Pay Act, the provision of this
Agreement shall control.
Defective pricing
To the extent that the pricing provided by PLUMBER is erroneous and defective, the parties may,
by agreement, correct pricing errors to reflect the intent of the parties.
ARTICLE— DISPUTE RESOLUTION
1. All disputes arising under this Contract or its interpretation whether involving law or
fact or both, or extra work, and all claims for alleged breach of contract shall within ten (10)
working days of the commencement of the dispute be presented by PLUMBER to AUGUSTA for
decision. All papers pertaining to claims shall be filed in quadruplicate. Such notice need not
detail the amount of the claim but shall state the facts surrounding the claim in sufficient detail to
identify the claim, together with its character and scope. In the meantime, PLUMBER shall
proceed with the Work as directed. Any claim not presented within the time limit specified in
this paragraph shall be deemed to have been waived, except that if the claim is of a continuing
character and notice of the claim is not given within ten (10) working days of its commencement,
the claim will be considered only for a period commencing ten (10) working days prior to the
receipt by AUGUSTA of notice thereof. Each decision by AUGUSTA will be in writing and will be
mailed to PLUMBER by registered or certified mail, return receipt requested, directed to his last
known address.
2. All claims, disputes and other matters in question between AUGUSTA and PLUMBER
arising out of, or relating to, the Contract Documents or the breach thereof shall be decided under
Georgia Law in the Superior Court of Richmond County, Georgia. PLUMBER by execution of the
Contract consents to jurisdiction and venue in the Superior Court of Richmond County, Georgia,
and waives any right to contest same.
3. RESPONSIBILITY FOR CLAIMS AND LIABILITY
The PLUMBER shall be responsible for any and all damages to properties or persons caused by its
employees, subcontractors, or agents, and shall hold harmless AUGUSTA, its officers, agents and
employees from all suits, claims, actions or damages of any nature whatsoever to the extent found
to be resulting from the PLUMBER, its subcontracts, or agent in the negligent performance or
non-performance of work under this Agreement. These indemnities shall not be limited by
reason of the listing of any insurance coverage.
ARTICLE— MISCELLANEOUS
15.1. Giving Notice:
Whenever any provision of the Contract Documents requires the giving of written notice,
it will be deemed to have been validly given if delivered in person to the individual or to a
member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or
sent by registered or certified mail, postage prepaid, to the last business address known to the
giver of the notice.
All notices shall be in writing and delivered in person or transmitted by certified mail,
postage prepaid. Notices shall be addressed as follows:
AUGUSTA: PLUMBER:
ADMINISTRATOR
AUGUSTA, GEORGIA
530 Greene Street.
Augusta, GA 30911
Copy to:
DIRECTOR
AUGUSTA UTILITIES DEPARTMENT
360 Bay Street, Suite 180
Augusta, GA 30901
15.2 Computation of Time:
1. When any period of time is referred to in the Contract Documents by days, it will
be computed to exclude the first and include the last day of such period. If the last day of any
such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the
applicable jurisdiction, such day will be omitted from the computation.
2. A calendar day of twenty-four hours measured from midnight to the next
midnight shall constitute a day.
15.3 PROFESSIONAL STANDARDS
The standard of care for all services performed or furnished by PLUMBER under this Agreement
will be the level of care and that is ordinarily used by members of PLUMBER’S profession
practicing under similar conditions.
15.4 PERSONNEL
The PLUMBER represents that it has secured or will secure, at its own expense, all personnel
necessary to complete this Agreement; none of whom shall be employees of, or have any
contractual relationship with, AUGUSTA. All of the services required hereunder will be
performed by the PLUMBER under its supervision, and all personnel engaged in the work shall
be qualified and shall be authorized or permitted under law to perform such services.
All key professional personnel, including subcontractors, engaged in performing services for the
PLUMBER under this agreement are indicated in a personnel listing attached hereto as
Attachment C – Listing of Key Personnel and incorporate herein by reference. No changes or
substitution shall be permitted in the PLUMBER’s Key Personnel without the prior written
approval of AUGUSTA or his designee.
The PLUMBER shall employ only persons duly registered in the appropriate category in
responsible charge of supervision and design of the work. The PLUMBER shall endorse all
reports, contract plans, and survey data. Such endorsements shall be made by a person duly
registered in the appropriate category by the Georgia State Board of Registration for Professional
Engineers and Land Surveyors, being in the full employ of the PLUMBER and responsible for the
work prescribed by this Agreement.
15.5 RESPONSIBILITY FOR CLAIMS AND LIABILITY
1. The PLUMBER shall be responsible for any and all damages to properties or
persons caused by its employees, subcontractors, or agents, and shall hold harmless AUGUSTA,
its officers, agents and employees from all suits, claims, actions or damages of any nature
whatsoever to the extent found to be resulting from the PLUMBER, its subcontracts, or agent in
the negligent performance or non-performance of work under this Agreement. These indemnities
shall not be limited by reason of the listing of any insurance coverage.
2. Should AUGUSTA or PLUMBER suffer injury or damage to person or property
because of any error, omission or act of the other party or of any of the other party's employees or
agents or others for whose acts the other party is legally liable, claim should be made in writing to
the other party within a reasonable time of the first observance of such injury or damage. The
provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the pro-
visions of any applicable statute of limitations or repose.
15.6. INDEPENDENT CONTRACTOR
The PLUMBER shall perform the services under this Agreement as an independent contractor
and nothing contained herein shall be construed to be inconsistent with this relationship or status.
Nothing in this Agreement shall be interpreted or construed to constitute the PLUMBER or any of
its agents or employees to be the agent, employee, or representative of AUGUSTA.
15.7 OPEN RECORDS
PLUMBER acknowledge that all records relating to this Agreement and the services to be
provided under the contract may be a public record subject to Georgia’s Open Records Act
(O.C.G.A. § 50-18-70, et seq.). PLUMBER shall cooperate fully in responding to such request and
making all records, not exempt, available for inspection and copying as provided by law.
15.7 RECORDS RETENTION
PLUMBER shall keep adequate records and supporting documentation applicable to this Work
and Contract. Said records and documentation shall be retained by PLUMBER for a minimum of
five (5) years from the date of final completion or termination of this Contract. AUGUSTA shall
have the right to audit, inspect, and copy all such records and documentation as often as
AUGUSTA deems necessary during the period of the Contract and for a period of five (5) years
thereafter provided, however, such activity shall be conducted only during normal business
hours. AUGUSTA, during this period of time, shall also have the right to obtain a copy of and
otherwise inspect any audit made at the direction of PLUMBER as concerns the aforesaid records
and supporting documentation.
15.8 SANITARY SEWER OVERFLOW PREVENTION:
15.8 Procedures to Prevent Overflows During Sanitary Sewer Construction:
15.8.1 The PLUMBER is hereby notified that the discharge of any untreated wastewater to
waters of the State is a violation of Georgia Water Quality Regulations and is prohibited.
15.8.2 The PLUMBER will submit an Emergency Response Plan prior to beginning work.
This plan will include a list of key personnel with 24-hour contact information who will respond
during an emergency situation. The ERP will include estimates of mobilization time for a
response crew to arrive onsite. Any changes to the Emergency Response Plan will be submitted
to the RESIDENT PROJECT REPRESENTATIVE prior to implementation.
15.8.3 In the event bypass pumping is required to facilitate new sewer construction,
bypassing plans and supporting calculations must be submitted to the Augusta Utilities
Department for review prior to establishment of the bypass. All bypass systems will include
complete redundancy in pumping systems, if failure of the primary pumping system could result
in a discharge of untreated wastewater to waters of the State.
15.8.4 Bypass pumping will be monitored continuously by a person knowledgeable in
pump operation and maintenance if the failure of the bypass pump could result in the discharge
of untreated wastewater to waters of the State.
15.8.5 In the event of a discharge of untreated wastewater, the PLUMBER will take the
following actions:
1. Take immediate steps to eliminate or minimize the discharge of untreated
wastewater.
2. Immediately notify the Utilities Department dispatcher (706.796.5000) and the
RESIDENT PROJECT REPRESENTATIVE (contact information will be provided at the
preconstruction conference).
3. Maintain a chronicle of relevant information regarding the incident including
specific actions taken by the PLUMBER and estimates of the discharge volume.
15.8.6 The RESIDENT PROJECT REPRESENTATIVE will coordinate notification of the
Georgia Environmental Protection Division (800.241.4113) and the Augusta Emergency
Management Agency if appropriate.
15.8.7 If, in the opinion of the RESIDENT PROJECT REPRESENTATIVE and the
AUGUSTA, the PLUMBER is not responding to an emergency situation in an appropriate
manner, the Utilities Department will undertake necessary actions to abate an overflow situation.
The cost of these actions will be the responsibility of the PLUMBER.
15.8.8 Following a discharge of untreated wastewater, a downstream inspection will be
conducted by the Utilities Department to assess potential mitigation measures that may be
required of the PLUMBER.
15.9 COVENANT AGAINST CONTINGENT FEES
The PLUMBER warrants that no person or selling agency has been employed or retained to solicit
or secure this Agreement upon an agreement or understanding for a commission, percentage,
brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial
or selling agencies maintained by PLUMBER for the purpose of securing business and that the
PLUMBER has not received any non- AUGUSTA fee related to this Agreement without the prior
written consent of AUGUSTA. For breach or violation of this warranty, AUGUSTA shall have the
right to annul this Agreement without liability or at its discretion to deduct from the Agreement
Price of consideration the full amount of such commission, percentage, brokerage or contingent
fee.
15.10 EQUAL EMPLOYMENT OPPORTUNITY
During the performance of this Agreement, the PLUMBER agrees as follows: (1) the PLUMBER
will not discriminate against any employee or applicant for employment because of race, creed,
color, sex or national origin; (2) the PLUMBER will, in all solicitations or advertisements for
employees placed by qualified applicants, receive consideration for employment without regard
to race, creed, color, sex or national origin; (3) the PLUMBER will cause the foregoing provisions
to be inserted in all subcontracts for any work covered by the Agreement so that such provision
will be binding upon each subcontractor, provided that the foregoing provision shall not apply to
contracts or subcontracts for standard commercial supplies of raw materials.
15.11 DRUG FREE WORK PLACE
PLUMBER shall be responsible for insuring that its employees shall not be involved in any
manner with the unlawful manufacture, distribution, dispensation, possession, sale or use of a
controlled substance in the workplace. For purposes of the policy, “workplace” is defined as
AUGUSTA owned or leased property, vehicles, and project or client site. Any violation of the
prohibitions may result in discipline and/or immediate discharge.
PLUMBER shall notify the appropriate federal agencies of an employee who has a criminal drug
statute conviction for workplace violation.
PLUMBER may require drug or alcohol testing of employees when contractually or legally
obligated, or when good business practices would dictate.
15.12 ANTI-KICKBACK CLAUSE
Salaries of architects, drafters, engineer’s, and technicians performing work under this Agreement
shall be paid unconditionally and not less often than once a month without deduction or rebate
on any account except only such payroll deductions as are mandatory by law. The PLUMBER
hereby promises to comply with all applicable "Anti-kickback" laws, and shall insert appropriate
provisions in all subcontracts covering work under this Agreement.
15.13 AUDITS AND INSPECTORS
At any time during normal business hours and as often as AUGUSTA may deem necessary, the
PLUMBER shall make available to AUGUSTA and/or audit representatives of AUGUSTA for
examination all of its records with respect to all matters covered by this Agreement. It shall also
permit AUGUSTA and/or representatives of the audit, examine and make copies, excerpts or
transcripts from such records of personnel, conditions of employment and other data relating to
all matters covered by this Agreement.
The PLUMBER shall maintain all books, documents, papers, accounting records and other
evidence pertaining to costs incurred on the Project and used in support of its proposal and shall
make such material available at all reasonable times during the period of the Agreement, and for
three years from the date of final payment under the Agreement, for inspection by AUGUSTA or
any reviewing agencies, and copies thereof shall be furnished upon request at cost plus 10%. The
PLUMBER agrees that the provisions of this Article shall be included in any Agreements it may
make with any subcontractor, assignee, or transferee.
15.14 ASSIGNABILITY
The PLUMBER shall not assign or transfer whether by an assignment or novation, any of its
rights, obligations, benefits, liabilities or other interest under this Agreement without the written
consent of AUGUSTA.
15.15 PROHIBITED INTERESTS
1. Conflict of Interest: The PLUMBER agrees that it presently has no interest and shall
acquire no interest, direct or indirect, that would conflict in any manner or degree with the
performance of its services hereunder. The PLUMBER further agrees that, in the
performance of the Agreement, no person having such interest shall be employed.
2. Interest of Public Officials: No member, officer, or employee of AUGUSTA during
his tenure or for one year thereafter, shall have any interest, direct or indirect, in this
Agreement or the proceeds thereof.
3. Employment of AUGUSTA’s Personnel: The PLUMBER shall not employ any
person or persons in the employ of AUGUSTA for any work required by the terms of the
Agreement, without the written permission of AUGUSTA except as may otherwise be
provided for herein.
15.16 VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent, or employee of AUGUSTA, either
before, during, or after the execution of this Agreement, shall affect or modify any of the terms or
obligations herein contained, nor shall such verbal agreement or conversation entitle the
PLUMBER to any additional payment whatsoever under the terms for this Agreement. All
changes to this Agreement shall be in writing and appended hereto as prescribed in Article 3
above.
15.17 LOCAL SMALL BUSINESS:
In accordance with Chapter 10B of the AUGUSTA, GA. CODE, Contractors agree to collect and
maintain all records necessary to for Augusta, Georgia to evaluate the effectiveness of its Local
Small Business Opportunity Program and to make such records available to Augusta, Georgia
upon request. The requirements of the Local Small Business Opportunity Program can be found at
www.augustaga.gov. In accordance with AUGUSTA, GA. CODE, Contractors shall report to
Augusta, Georgia the total dollars paid to each subcontractor, vendor, or other business on each
contract, and shall provide such payment affidavits, regarding payment to subcontractors, if any, as
required by Augusta, Georgia. Such utilization reports shall be in the format specified by the
Director of Minority and Small Business Opportunities, and shall be submitted at such times as
required by Augusta, Georgia. Required forms can be found at www.augustaga.gov. If you need
assistance completing a form or filing information, please contact the Local Small Business
Opportunity Program Office at (706)821-2406. Failure to provide such reports within the time
period specified by Augusta, Georgia shall entitle Augusta, Georgia to exercise any of the
remedies set forth, including but not limited to, withholding payment from the contractor.
15.18 E-VERIFY:
All contractors and subcontractors entering into contracts with Augusta, Georgia for the physical
performance of services shall be required to execute an Affidavit verifying its compliance with
O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is
contracting with Augusta, Georgia has registered with and is participating in a federal work
authorization program. All contractors and subcontractors must provide their E-Verify number
and must be in compliance with the electronic verification of work authorized programs operated
by the United States Department of Homeland Security or any equivalent federal work
authorization program operated by the United States Department of Homeland Security to verify
information of newly hired employees, pursuant to the Immigration Reform and Control Act of
1986 (IRCA), P.L. 99-603, in accordance with the applicability provisions and deadlines
established in O.C.G.A. § 13-10-91 and shall continue to use the federal authorization program
throughout the contract term. All contractors shall further agree that, should it employ or
contract with any subcontractor(s) in connection with the physical performance of services
pursuant to its contract with Augusta, Georgia the contractor will secure from such
subcontractor(s) each subcontractor’s E-Verify number as evidence of verification of compliance
with O.C.G.A. § 13-10-91 on the subcontractor affidavit provided in Rule 300-10-01-.08 or a
substantially similar form. All contractors shall further agree to maintain records of such
compliance and provide a copy of each such verification to Augusta, Georgia at the time the
subcontractor(s) is retained to perform such physical services
EXTENT OF THE AGREEMENT
This Agreement represents the entire agreement between AUGUSTA and PLUMBER and
supersedes all prior negotiations, representations and agreements, either written or oral.
ACKNOWLEDGEMENTS
“Plumber acknowledges that this contract and any changes to it by amendment, modification,
change order or other similar document may have required or may require the legislative
authorization of the Board of Commissioners and approval of the Mayor. Under Georgia law,
Plumber is deemed to possess knowledge concerning Augusta, Georgia's ability to assume
contractual obligations and the consequences of Plumber's provision of goods or services to
Augusta, Georgia under an unauthorized contract, amendment, modification, change order or
other similar document, including the possibility that the Plumber may be precluded from
recovering payment for such unauthorized goods or services. Accordingly, Plumber agrees that if
it provides goods or services to Augusta, Georgia under a contract that has not received proper
legislative authorization or if the Plumber provides goods or services to Augusta, Georgia in
excess of the any contractually authorized goods or services, as required by Augusta, Georgia's
Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods or
services provided by Plumber. Plumber assumes all risk of non-payment for the provision of any
unauthorized goods or services to Augusta, Georgia, and it waives all claims to payment or to
other remedies for the provision of any unauthorized goods or services to Augusta, Georgia,
however characterized, including, without limitation, all remedies at law or equity." This
acknowledgement shall be a mandatory provision in all Augusta, Georgia contracts for goods
and services, except revenue producing contracts
[SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, said parties have hereunto set their seals the day and year written
below:
CITY: PLUMBER:
AUGUSTA, GEORGIA (AUGUSTA)
BY: BY:
PRINTED NAME: PRINTED NAME
AS ITS: MAYOR AS ITS:
ATTEST CLERK: ATTEST:
PRINTED NAME: PRINTED NAME
AS ITS: Clerk of Commission AS ITS:
DATE: DATE:
Copy To:
DIRECTOR
AUGUSTA UTILITIES DEPARTMENT
360 Bay Street, Suite 180
Augusta, GA 30901
REQUEST FOR QUALIFICATION
Request for Qualifications will be received at this office until Friday, June 5, 2015 @ 11:00 a.m. for furnishing:
RFQ Item #15-139A Sanitary Sewer Connection Services for Utilities Department
Qualifications will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices
of:
Geri A. Sams, Director
Augusta Procurement Department
535 Telfair Street - Room 605
Augusta, Georgia 30901
Request for Qualification (RFQ) documents may be viewed on the Augusta Georgia web site under the
Procurement Department ARCbid. RFQ documents may be obtained at the office of the Augusta, GA
Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901.
All questions must be submitted in writing by fax to 706 821-2811 or by email to
procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday May 22,
2015 @ 5:00 P.M. No RFQ will be accepted by fax, all must be received by mail or hand delivered.
No qualifications may be withdrawn for a period of 90 days after time has been called on the date of opening.
Request for qualifications (RFQ) and specifications. An RFQ 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 RFQ
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 RFQ 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 RFQ number on the outside of the envelope.
Proponents are cautioned that acquisition of RFQ documents through any source other than the office of the
Procurement Department is not advisable. Acquisition of RFQ documents from unauthorized sources places
the Proponent at the risk of receiving incomplete or inaccurate information upon which to base its qualifications.
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle April 30, May 7, 14, 21, 2015
Metro Courier May 6, 2015
Revised: 1/8/2015
VENDORS Attachment
B E-Verify #SAVE
Form Original 7 Copies
GEORGE E. PETREA JR., INC
DBA SOUTHERN SERVICES
2630 MILLEDGEVILLE ROAD
P.O. BOX 5549
AUGUSTA, GA 36916
YES 608439 YES YES YES
UNIVERSAL PLUMBING INC
2415 MILLEDGEVILLE ROAD
AUGUSTA, GA 30904 YES 475934 YES YES YES
Total Number Specifications Mailed Out: 16
Total Number Specifications Download (Demandstar): 3
Total Electronic Notifications (Demandstar): 67
Mandatory Pre-Proposal/Telephone Conference Attendees: NOT APPLICABLE
Total packages submitted: 2
Total Noncompliant: 0
Qualification Opening
RFQ Item #15-139A Sanitary Sewer Connection Services
for Augusta, Georgia - Utilities Department
RFQ Due: Friday, June 5, 2015 @ 11:00 a.m.
Page 1 of 1
Evaluation Criteria
PTS
GEORGE E. PETREA JR., INC
DBA SOUTHERN SERVICES
2630 MILLEDGEVILLE ROAD
P.O. BOX 5549
AUGUSTA, GA 36916
UNIVERSAL PLUMBING INC
2415 MILLEDGEVILLE ROAD
AUGUSTA, GA 30904
1. Contractor’s experience in septic tank
abandonment and sewer service line
connection.
50 40 50
2. Contractors experience in site
restoration.10 9 10
3. Capacity/Ability to respond.20 15 20
Ability to meet liability insurance and
specified bonding requirements.20 20 20
Total 100 84 100
Cumulative Evaluation Sheet
RFQ Item #15-139A Sanitary Sewer Connection Services
for Augusta, Georgia - Utilities Department
Wednesday, June 10, 2015 @ 10:00 a.m.
Engineering Services Committee Meeting
9/8/2015 1:15 PM
Approve RFQ #15-139A, Sanitary Sewer Connection Services Task Order Program (2015)
Department:Augusta Utilities Department
Caption:Consider approval of RFQ #15-139A: Sanitary Sewer Connection
Services Task Order Program (2015) for the City of Augusta -
Utilities Department in the amount of $1,000,000 for execution by
Universal Plumbing and Southern Services as qualified and
selected contractors.
Background:The Task Order Program will allow responsive and qualified
contractors to provide the abandonment of existing septic tanks,
running sewer services from the house to Augusta’s sanitary
sewer, provide clean out tap at the property line, including all
appurtenances related thereto, include restoring any
concrete/asphalt/landscaping to its initial state prior to the project
start. This Task Order Program will allow Augusta Utilities
Department to provide sanitary sewer service to new customers
currently not connected to the system.
Analysis:AUD has evaluated Universal Plumbing’s and Southern Services’
Statements of Qualifications to participate in the Task Order
Program and find them both to be qualified. There were no other
submitters for this solicitation.
Financial Impact:We intend to budget $1,000,000.00 annually for this program.
These funds are available from account 507043490-5425410 /
88887777-5425410
Alternatives:Rejection of this RFQ Contractor Selection would delay the
Utilities Department ability to execute sanitary sewer connection
services.
Recommendation:Recommend Commission approve RFQ #15-139A: Sanitary
Sewer Connection Services Task Order Program (2015) for the
City of Augusta - Utilities Department in the amount of
$1,000.00.00.
Funds are Available
in the Following
Accounts:
$1,000,000.00 from account 507043490-5425410 / 88887777-
5425410.
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Engineering Services Committee Meeting
9/8/2015 1:15 PM
Authorize the Environmental Services Department to have up to 4 scrap tire amnesty days per year.
Department:Environmental Services
Caption:Authorize the Environmental Services Department to have up to 4
scrap tire amnesty days per year.
Background:Augusta has a consistent problem with scrap tires being dumped
or abandoned within its community. The ESD has tried a variety
of methods to remove scrap tires from Augusta. This has included
having tires collected under its solid waste collection program,
collecting tires as part of the vacant lot program, monthly tire
recycling events, tire amnesty days, and most recently a pay for
tires program.
Analysis:In 2014, the ESD averaged 315 tires collected at its monthly scrap
tire recycling events; and averaged 365 per event in 2015. This is
in contrast to the two day tire amnesty event which collected 5943
tires. An amnesty day is a way for residents and smaller
businesses to cost effectively and responsibly dispose of scrap
tires.
Financial Impact:Adequate funds are available in account 542-04-4110/52.22199.
Alternatives:1. Authorize the Environmental Services Department to have up to
4 scrap tire amnesty days per year. 2. Do not authorize.
Recommendation:Authorize the Environmental Services Department to have up to 4
scrap tire amnesty days per year.
Funds are Available
in the Following
Accounts:
Adequate funds are available in account 542-04-4110/52.22199.
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Citizen Volunteer Clean-Up Program Page 1 of 2
ENVIRONMENTAL SERVICES DEPARTMENT
4330 Deans Bridge Road, Blythe GA 30805
(706) 592-3200 – Fax (706) 592-3255
WWW.AUGUSTAGA.GOV
Civic Group Tire Collection Program
Making your community a more beautiful place to live, work, and play is easy. If you are a civic or
non-profit group ready to collect tires from a specific area within Richmond County, we can help you
plan your event and make money for your organization at the same time! Augusta will pay your
group $2.00 per passenger vehicle tire that is collected and brought to the Augusta-Richmond
County Landfill.
How to organize a tire collection event - The process is easy.
Plan your date and location, and round up your volunteers (please provide us at least two
weeks’ notice).
Tires to be collected must be in the public right-of-way and/or part of an illegal dump.
Please collect passenger vehicle tires only
Your group will be responsible for transporting the collected tires to the Augusta-Richmond
County Landfill to be counted by a Landfill staff member.
We will provide a receipt for the number of tires collected with a total dollar amount due. A
check will be mailed to the organization/group.
Tire Collection Application
Name of Group: __________________________________________________________
(Check will be made payable to Group/Organization as listed above)
Address: __________________________________________________________
Contact Person: __________________________________________________________
Telephone: ______________________ Email: ____________________________
Date of Clean-up: ______________________ Estimated Number of Volunteers: ______
Area of Clean-up: __________________________________________________________
____________________________________________________________________________
Office Use Only
Approval: ________________________________ Date: _______________________
Citizen Volunteer Clean-Up Program Page 2 of 2
ENVIRONMENTAL SERVICES DEPARTMENT
4330 Deans Bridge Road, Blythe GA 30805
(706) 592-3200 – Fax (706) 592-3255
WWW.AUGUSTAGA.GOV
Augusta believes a clean city is important, but SAFETY is more important! The following guidelines
will help make your event safe and enjoyable. Please review them with all volunteers.
Dress Appropriately!
Wear leather closed-toe shoes, tennis shoes, or boots.
Wear long cotton pants or jeans.
Wear gloves to protect your hands.
Wear bright clothes if working along a street.
Shade Yourself!
A hat, long sleeves, and sunscreen are recommended.
Hydrate Yourself!
Drink plenty of water and take breaks as often as you need to.
Be Alert!
Be aware of your surroundings at all times
(watch out for dogs, cars, snakes, poison ivy, fire ants, etc.).
Never put your hands into an area that is not visible.
Do not handle dead animals, firearms or chemicals - report them to authorities.
Watch your Step!
Be careful of loose rocks and wet or marshy areas.
Buddy System
Work together – at least 2 together at all times.
Keep a cellphone handy for unexpected/emergency situations.
Engineering Services Committee Meeting
9/8/2015 1:15 PM
Authorize the Environmental Services Department to set up a non-profit, community group pay for tire
recycling program.
Department:Environmental Services
Caption:Authorize the Environmental Services Department to set up a non-
profit, community group pay for tire recycling program.
Background:Augusta has a consistent problem with scrap tires being dumped
or abandoned within its community. The ESD has tried a variety
of methods to remove scrap tires from Augusta. This has included
having tires collected under its solid waste collection program,
collecting tires as part of the vacant lot program, monthly tire
recycling events, tire amnesty days, and most recently a pay for
tires program.
Analysis:In 2014, the ESD averaged 315 tires collected at its monthly scrap
tire recycling events; and averaged 365 per event in 2015. This is
in contrast to the two day tire amnesty event which collected 5943
tires. The pay for tire events was extremely successful at removing
scrap tires from Augusta, with 16,716 tires recycled. However, the
pay for tire pilot program had many lessons learned. This included
adequately managing the large influx of customers, proper
staffing, properly estimating the amount of money to have on-
hand, and properly screening businesses out of the mix. To
address those issues, the department is proposing a pay for tire
program whereby partnering with non-profits and community
groups to collect tires from within the community, operating under
a departmental program, and Augusta would pay said group for its
efforts. This program could be an effective fundraising tool for
organizations willing to invest in Augusta, while also actively
working to keep Augusta clean.
Financial Impact:Adequate funds are available in account 542-04-4110/52.22199.
Alternatives:1. Authorize the Environmental Services Department to set up a
non-profit, community group pay for tire recycling program. 2. Do
not authorize the program.
Recommendation:Authorize the Environmental Services Department to set up a non-
profit, community group pay for tire recycling program.
Funds are Available
in the Following
Accounts:
Adequate funds are available in account 542-04-4110/52.22199.
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Augusta, GA
Augusta Information Technology - GIS Division, Augusta, GAAugusta GA GIS
August 28, 2015 0 875 1,750437.5 ft
0 270 540135 m
1:9,600
Disclaimer: While every effort is made to keep information provided over the internet accurate and up-to-date, Augusta does not certify the authenticity or accuracy of such information. No warranties, express or implied, are provided for the records and/or mapping data herein, or for their use or interpretation by the User.
Engineering Services Committee Meeting
9/8/2015 1:15 PM
Boykin Road/Travis Pines Area Sewer Extension and Water Main Improvement Project
Department:Augusta Utilities Department
Caption:Approve Professional Services Agreement with James G. Swift
and Associates in the amount of $448,685 for the Boykin
Road/Travis Pines Area Sewer Extension and Water Main
Improvement Project.
Background:On November 18,2014 , the Augusta Commission approved the
assignment of various capital improvements projects to design
firms. James G. Swift and Associates was approved for the
Boykin Rd./Travis Pines project for the extension of sanitary
sewer and the replacement of substandard water mains.
Analysis:This project, which will be constructed in phases, will complete
the extension of sanitary sewer service east of Windsor Spring
Road and south of Tobacco Road. It will also design the
replacement of substandard water lines in the vicinity.
Financial Impact:James G. Swift and Associates has proposed to provide
professional design services for this project for a fee of $448,685.
We have reviewed the scope of work and associated fees and find
them to be reasonable.
Alternatives:The Commission could elect not to proceed with this project.
Recommendation:We recommend that the proposal from James G. Swift and
Associates in the amount of $448,685 be approved. Pines Road
West Water Main Replacement & New Sanitary Sewer Extension.
Funds are Available
in the Following
Accounts:
Funds are available in the following accounts: 81500100-5212115
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
ORDINANCE NO. ____________________
AN ORDINANCE TO AMEND THE AUGUSTA, GEORGIA CODE, TITLE 4
CHAPTER2, SECTION 4-2-2, TO PROVIDE STANDARDS FOR THE UNLAWFUL
DUMPING OR STORING OF SOLID WASTE, OR THE ACCUMULATION OF WEEDS
AND NOXIOUS VEGATATION ON VACANT LOTS, AND UNOCCUPIED PARCELS
OF LAND; TO REPEAL ALL CODE SECTIONS AND ORDINANCES AND PARTS OF
CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN
EFFECTIVE DATE AND FOR OTHER PURPOSES.
NOW, BE IT ORDAINED BY THE AUGUSTA-RICHMOND COUNTY COMMISSION
AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF THE SAME ALL
UNDEVELOPED OR UNOCCUPIED PARCELS OF LAND WITHIN THE
JURISDICTION SHALL COMPLY WITH THE PROVISIONS OF THE AUGUSTA, GA
CODE, AS FOLLOWS:
SECTION 1. SECTION 4-2-2 OF AUGUSTA, GA. CODE TITLE FOUR, CHAPTER
TWO AS SET FORTH IN THE AUGUSTA, GA. CODE, IS HEREBY AMENDED BY
THE CHANGES SET FORTH IN “EXHIBIT A”. THE AMENDED SECTION 4-2-2 IS
HEREBY INSERTED TO REPLACE THE REPEALED SECTIONS AS SET FORTH IN
“EXHIBIT B” HERETO.
SECTION 2.
SECTION 3.
Adopted this ________ day of ___________, 2015.
Attest:
___________________________ ________________________
David S. Copenhaver Lena J. Bonner, Clerk of Commission
As its Mayor Seal:
CERTIFICATION
The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing
Ordinance was duly adopted by the Augusta, Georgia Commission on _______________, 2014
and that such Ordinance has not been modified or rescinded as the date hereof and the
undersigned further certifies that attached hereto is a true copy of the Ordinance which was
approved and adopted in the foregoing meeting(s).
________________________________
Lena J. Bonner, Clerk of Commission
Published in the Augusta Chronicle
Date:__________________________
EXHIBIT A (Current 2015 Ordinance)
(Lot Ordinance)
Section 4-2-2 “UNLAWFUL DUMPING OR STORING OF SOLID WASTE, OR THE
ACCUMULATION OF WEEDS AND NOXIOUS VEGETATION ON VACANT LOTS,
AND UNOCCUPIED PARCELS OF LAND.”
a.) Prohibition. No owner of any vacant lot, undeveloped lot or unoccupied parcel of
land within Augusta shall permit or allow the existence of excessive accumulation or
untended growth of weeds, undergrowth or other plant life grow to a height exceeding twelve
(12) inches; or stagnant water, rubbish, garbage, refuse debris, trash, including but not limited
to household furnishings, and all other objectionable, unsightly or unsanitary matter upon any
lot, tract or parcel of land, or on the area between the lot or parcel of land and the street curb,
be it uncovered or under open shelter, to the extent and in the manner that such lot, tract or
parcel of land is or may reasonably become infested or inhabited by rodents, vermin or wild
animals, or may furnish a breeding place for mosquitoes, or threatens or endangers the public
health, safety, or welfare, or may reasonably cause disease, or adversely affects and impairs the
economic welfare of adjacent property.
b.) Definitions
Construction/Demolition Waste means building materials and rubble resulting from
construction, remodeling, repair, and demolition operations on pavements, houses,
commercial buildings, and other structures. Such waste include, but are not limited to
asbestos containing waste, wood, bricks, metal, concrete, wall board, paper, cardboard,
and other non-putrescible wastes which had a low potential for groundwater
contamination.
Lot/Parcel means any lot of record indentified with a map and parcel number assigned
by the Tax Assessor’s Office.
Scrap Tire mean a tire or portion thereof.
Tire means a continuous solid or pneumatic rubber covering designed for encircling the
wheel of a motor vehicle and which is neither attached to the motor vehicle not a part
of the motor vehicle as original equipment.
Undeveloped Lot means a lot in its natural state, i.e. a lot in a residential neighborhood
that has not been built upon.
Unoccupied Parcel means a lot which has a structure/dwelling which is not occupied.
Vacant Lot means a previously developed Lot, once occupied with a structure/dwelling.
c.) Duty of Property Owners Generally
It shall be the duty of the owner of each Vacant Lot or Unoccupied Parcel of land to
reasonably regulate and effectively control excessive growths and accumulations, as
enumerated in Section 4-2-2(a), on the property and the street. It shall also be the duty of
the owner to drain, re-grad, or fill any lot, tract, or parcel, including swimming pools
thereon, which shall be unwholesome or unsanitary, have stagnant water thereon, or be in
such conditions as to be susceptible to producing disease.
d.) Notice. Augusta shall notify in writing the owner of any Vacant Lot or Unoccupied
Parcel of land within Augusta to comply with Section 4-2-2(a) to include but not be limited to
cutting, destroying or removing any weeds, grass, trash, rubbish or noxious matter found
growing, lying or located on such owner’s property or upon the sidewalk or street right-of-way
abutting the property within fourteen calendar (14) days from the date the notice is mailed.
Notice will include a one direct mailing to the property owner’s address on records. This
notice requirement will not apply for property owned by Augusta, Georgia or the Augusta,
Georgia Land Bank. Upon the failure or the owner to do so, Augusta will cause such weeds,
grass, rubbish, or noxious matter to be cut, destroyed and/or removed. Such notice shall be
deemed to be sufficient if it is mailed to the last owner of record on file in the office of the
property appraiser.
e.) Removal of Weeds, etc. by Augusta. If after fourteen calendar (14) days from the
date of the notice the conditions, as enumerated in Section 4-2-2(a) and described in the
notice have not been remedied, the Director of Environmental Services or his designee shall
cause the condition to be remedied by Augusta at the expense of the property owner; to include
the removal of trash, filth, garbage or other refuse, and the chemical treatment, cutting down
and abating from any private premises all weeds, including those growing thereon to a height
exceeding twelve (12) inches whenever the owner of such premises or other person who is
required by this chapter to cut down and remove the same fails or refuses to do so.
f.) Cutting and Cleaning of Lots; Assessment of Costs; Liens.
Upon the completion of any combination of the removal, chemical treatment, cutting down,
cleaning or abating by Augusta of any lot or parcel or land within Augusta by removing or
abating therefrom; the excessive accumulation or untended growth of weeds, undergrowth or
other plant life growing to a height exceeding twelve (12) inches; or stagnant water, rubbish,
garbage, refuse, debris, trash, including but not limited to, household, furnishings, scrap tires,
construction/demolition waste, and all other objectionable, unsightly or unsanitary matter, the
Director of Environmental Services or his designee shall certify the abatement of the offensive
matter described above, specifying the lot or parcel so improved and the nature of the
improvements. Thereafter, the improvements and the costs thereof, shall be assessed and
appropriate action as necessary shall be taken to charge and collect monies for services
provided by Augusta to abate the issue.
g.) Enforcement
The code enforcement division of the Environmental Services Department as well as the
License and Inspection Department is hereby authorized and directed to carry out the
provisions of sections 4-2-2 hereof, as may be deemed reasonably by the Director of the
department.
h.) Violation; Penalty
In addition to causing the condition of the property to be remedied as authorized in subsection
(f), the enforcement officer may make a case against the offending party and upon trial and
conviction thereof, the offending party shall be subject to the penalties provided by section 1-6-
1.
EXHIBIT B (Proposed Changes)
(Lot Ordinance)
Section 4-2-2 “UNLAWFUL DUMPING OR STORING OF SOLID WASTE, OR THE
ACCUMULATION OF WEEDS AND NOXIOUS VEGETATION ON VACANT LOTS,
AND UNOCCUPIED PARCELS OF LAND.”
a.) Prohibition. No owner of any vacant lot, undeveloped lot or unoccupied parcel of
land within Augusta shall permit or allow the existence of excessive accumulation or
untended growth of weeds, undergrowth or other plant life grow to a height exceeding twelve
(12) inches; or stagnant water, rubbish, garbage, refuse debris, trash, including but not limited
to household furnishings, and all other objectionable, unsightly or unsanitary matter upon any
lot, tract or parcel of land, or on the area between the lot or parcel of land and the street curb,
be it uncovered or under open shelter, to the extent and in the manner that such lot, tract or
parcel of land is or may reasonably become infested or inhabited by rodents, vermin or wild
animals, or may furnish a breeding place for mosquitoes, or threatens or endangers the public
health, safety, or welfare, or may reasonably cause disease, or adversely affects and impairs the
economic welfare of adjacent property.
b.) Definitions
Construction/Demolition Waste means building materials and rubble resulting from
construction, remodeling, repair, and demolition operations on pavements, houses,
commercial buildings, and other structures. Such waste include, but are not limited to
asbestos containing waste, wood, bricks, metal, concrete, wall board, paper, cardboard,
and other non-putrescible wastes which had a low potential for groundwater
contamination.
Lot/Parcel means any lot of record identified with a map and parcel number assigned
by the Tax Assessor’s Office.
Scrap Tire mean a tire or portion thereof.
Tire means a continuous solid or pneumatic rubber covering designed for encircling the
wheel of a motor vehicle and which is neither attached to the motor vehicle not a part
of the motor vehicle as original equipment.
Undeveloped Lot means a lot in its natural state, i.e. a lot in a residential neighborhood
that has not been built upon.
Unoccupied Parcel means a lot which has a structure/dwelling which is not occupied.
Vacant Lot means a previously developed Lot, once occupied with a structure/dwelling.
c.) Duty of Property Owners Generally
It shall be the duty of the owner of each Vacant Lot or Unoccupied Parcel of land to
reasonably regulate and effectively control excessive growths and accumulations, as
enumerated in Section 4-2-2(a), on the property and the street. It shall also be the duty of
the owner to drain, re-grad, or fill any lot, tract, or parcel, including swimming pools
thereon, which shall be unwholesome or unsanitary, have stagnant water thereon, or be in
such conditions as to be susceptible to producing disease.
d.) Notice. Augusta shall notify in writing the owner of any Vacant Lot or Unoccupied
Parcel of land within Augusta to comply with Section 4-2-2(a) to include but not be limited to
cutting, destroying or removing any weeds, grass, trash, rubbish or noxious matter found
growing, lying or located on such owner’s property or upon the sidewalk or street right-of-way
abutting the property within fourteen calendar (14) days from the date the notice is mailed.
Notice will include a one direct mailing to the property owner’s address on records. This
notice requirement will not apply for property owned by Augusta, Georgia or the Augusta,
Georgia Land Bank. Upon the failure or the owner to do so, Augusta will cause such weeds,
grass, rubbish, or noxious matter to be cut, destroyed and/or removed. Such notice shall be
deemed to be sufficient if it is mailed to the last owner of record on file in the office of the
property appraiser.
e.) Issuing of One-Time, Annual Written Notification of Violation. Augusta shall not
be required to notify a property owner each and every time a property is in violation. A
property owner will receive one written notice per parcel of land for the initial violation. This
serves as a notice for any additional violations that occur within a one calendar year period.
f.) Removal of Weeds, etc. by Augusta. If after fourteen calendar (14) days from the
date of the initial notice the conditions, as enumerated in Section 4-2-2(a) and described in the
notice have not been remedied, the Director of Environmental Services or his designee shall
cause the condition to be remedied by Augusta at the expense of the property owner; to include
the removal of trash, filth, garbage or other refuse, and the chemical treatment, cutting down
and abating from any private premises all weeds, including those growing thereon to a height
exceeding twelve (12) inches whenever the owner of such premises or other person who is
required by this chapter to cut down and remove the same fails or refuses to do so. For
subsequent violations, the Director of Environmental Services or his designee shall cause the
condition to be remedied by Augusta at the expense of the property owner immediately without
a remedy period.
g.) Cutting and Cleaning of Lots; Assessment of Costs; Liens.
Upon the completion of any combination of the removal, chemical treatment, cutting down,
cleaning or abating by Augusta of any lot or parcel or land within Augusta by removing or
abating therefrom; the excessive accumulation or untended growth of weeds, undergrowth or
other plant life growing to a height exceeding twelve (12) inches; or stagnant water, rubbish,
garbage, refuse, debris, trash, including but not limited to, household, furnishings, scrap tires,
construction/demolition waste, and all other objectionable, unsightly or unsanitary matter, the
Director of Environmental Services or his designee shall certify the abatement of the offensive
matter described above, specifying the lot or parcel so improved and the nature of the
Engineering Services Committee Meeting
9/8/2015 1:15 PM
Discuss a revision to Augusta, Georgia Code, Title 4 Chapter 2, section 4-2-2 (Vacant Lot Ordinance)
Department:Environmental Services
Caption:Discuss a revision to Augusta, Georgia Code, Title 4 Chapter 2,
section 4-2-2, to provide standards for unlawful dumping or
storing of solid waste, or the accumulation of weeds and noxious
vegetation on vacant lots and unoccupied parcels of land.
Background:In July 2013 the Commission modified an ordinance allowing an
“annual notice” to be sent to all property owners within the county
which provided a summary of the vacant lot ordinance and placed
the property owner on notice that their property could be in
violation with section 4-2-2 of the Augusta Code. Thereafter, if
the property became in violation, the Environmental Services
Department would remedy the violation on behalf of the property
owner and charge fees to cover the cost of such services provided.
In November of 2014, the Commission heard a citizens concern
that they were not given a remedy period to self-perform the work
necessary to keep the property in compliance with the code. As a
result the Commission altered the code requiring that the customer
be notified directly of the violation and be afforded a 14 day
remedy period. After such time, Augusta would remedy the
violation on behalf of the property owner and charge fees to cover
the cost of such services provided. In recent months, ESD was
approached by a commissioner with concerns about the timeliness
of the vacant lot cutting/cleaning program. The commissioner
placed his concerns on the agenda where ESD was instructed to
bring back a modified version of an ordinance for the
commission’s approval.
Analysis:Under the July 2013 ordinance Augusta could move very quickly
to address ordinance violations. Depending on the circumstance,
Augusta could have a crew onsite in as little as 24 hours. This
method allowed the department to operate very efficiently as we
could literally drive down a street and address every violation at
one time. The November 2014 revision forced the department to
make a series of changes. We had to hire an inspector who is
dedicated to identifying out of compliance properties, generating
customer correspondence, and then wait the 14 day remedy period
prior to any work being done. This process takes a minimum of 21
days before Augusta can schedule the work to get performed. The
proposed changes are a hybrid of the two systems. During a
calendar year, a property owner will be given one formal notice if
their property becomes out of compliance, and afforded the 14 day
right to remedy period. However, that notice will include that
future violations within the year will be expeditiously handled by
Augusta at the owner’s expense. This provides a combined
method. For the responsible property owner who is simply in
error, it allows them to resolve the issue and gain an
understanding of the rules. For the owner who does not tend to
their property consistently, it expedites government services to
ensure that neighbors are not negatively impacted for too long.
Financial Impact:Financial impact - none
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Engineering Services Committee Meeting
9/8/2015 1:15 PM
Emergency Construction Services - 7th and Reynolds St.
Department:Abie L. Ladson, Director
Caption:Approve and receive as information the emergency construction
services at 7th and Reynolds Street American Disabilities Act
(ADA) Ramp and Roadway Emergency Modification Project in
the amount of $44,785.00 for Horizon Construction & Associates
as requested by AED.
Background:This project consists of replacing (2) ADA ramps to bring them up
to standards from the Georgia Department of Transportation ADA
Ramp standards. This includes a crosswalk to the area and
removal of the deteriorated section of the roadway that causes
pedestrian problems crossing the road. The Contractor replaced
part of the roadway where water is holding in front of the ADA
Ramp locations. They also installed proper curb and gutter for the
ramp to ensure all safety issues are resolved. Associated risk to the
public’s Safety; exposure of potential water hazards; and
Augusta’s exposure to liability, created an emergency situation,
warranting immediate action to replace the ramps at 7th St and
Reynolds
Analysis:Work was done under an emergency situation that warranted
timely response by the Engineering Department. The Engineering
Department does not have sufficient in-house resources to
complete all the required tasks in a timely manner and had to hire
Horizon Construction and Associates for assistance on an
emergency basis.
Financial Impact:The cost to complete the needed construction is $44,785.00.
Funding is available in the TIA Discretionary funds to the City
Alternatives:1) Approve and receive as information the emergency
construction services at 7th and Reynolds Street American
Disabilities Act (ADA) Ramp and Roadway Emergency
Modification Project in the amount of $44,785.00 for Horizon
Construction & Associates. Funding is available in TIA
Discretionary account for the AED. 2) Do not approve and
identify alternative ways to meet this financial obligation.
Recommendation:Approve Alternative Number One.
Funds are Available
in the Following
Accounts:
TIA Discretionary
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Engineering Services Committee Meeting
9/8/2015 1:15 PM
Goodrich Street Raw Water Pumping Station - #1 Turbine
Department:Utilities
Caption:Approve expense of crane rental for the reinstallation of #1
turbine at the Goodrich Street Raw Water Pumping Station.
Background:As part of the ongoing upgrade of the Goodrich Street Raw Water
Pumping Station we have contracted with Weir American Hydro
(WAH) to completely rebuild our #1 Turbine. This work involves
completely removing the unit, rebuilding it at the WAH factory
and reinstalling it when complete. As a part of our agreement
with WAH we are to provide a crane for the removal and
reinstallation at our site.
Analysis:Based on the weights to be lifted and the distance from the point
available for crane setup, a 200 Ton crane was required for the
reinstallation work. We contacted the two local crane companies
and found that only Southway Crane & Rigging Company had a
200 Ton crane available on the dates required. The unloading and
reinstallation of the turbine equipment took approximately six
weeks and the total crane cost is $101,717.65.
Financial Impact:$101,717.65 From budgeted funds
Alternatives:No feasible alternatives
Recommendation:We recommend approval of the crane expense of $101,717.65 to
Southway Crane & Rigging for unloading and reinstallation of the
#1 Turbine at the Goodrich Street Raw Water Pumping Station.
Funds are Available
in the Following
Accounts:
512043410/5425110 81400010-5425110
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Gordon Highway 30" Water ‐ Change Order No. 1
Unit Price Total Price Quantity Total Price
W‐1 30” diameter ductile iron water transmission main
Class 300 3,361 LF $132.29 $444,626.69 3,006 $397,663.74
W‐2 30” diameter ductile iron water transmission main
Class 300, restrained joint 1,563 LF $185.91 $290,577.33 2,023 $376,095.93
W‐3
42” diameter steel casing. Minimum wall thickness
0.75 inch, with 30” diameter, restrained joint
ductile iron carrier pipe, end seals, Class 300
included.
117 LF
$736.40 $86,158.80 117 $86,158.80
W‐4 Miscellaneous pipe fittings and connections 9,903 LBS $5.24 $51,891.72 9,903 $51,891.72
W‐5 Fire Hydrants installed complete with valve, lead
pipe, joint restraint, and blocking 5EA$7,954.85 $39,774.25 5 $39,774.25
W‐7 Horizontal Gate Valves 2 EA $28,803.60 $57,607.20 2 $57,607.20
W‐9 Combination Air Valves installed complete. 4 EA $6,112.96 $24,451.84 4 $24,451.84
W‐15 Polyethylene wrap of ductile iron water main 5,041 LF $3.22 $16,232.02 5,041 $16,232.02
W‐16A Tie‐in to existing line 1 EA $5,012.00 $5,012.00 1 $5,012.00
W‐16B Cap Proposed Line 1 EA $2,601.76 $2,601.76 1 $2,601.76
M‐3 Rock Excavation (Provide Unit Price only) CY $61.60 $0.00 $0.00
M‐4A Select backfill Type 5, Class 3 (Sand/Clay) –
Measured by in‐place volume 3,695 CY $1.12 $4,138.40 3,695 $4,138.40
M‐4B # 57 Stone Base in‐place vol. and compacted 1,011 CY $18.80 $19,006.80 1,011 $19,006.80
M‐5 Clearing and Grubbing 4.6 ACRE $5,495.30 $25,278.38 4.7 $25,827.91
Detail 4.2 Typical Trench for Future Path Microduct 5041 LF $4.63 $23,339.83 5041 $23,339.83
LS‐1 Lump sum construction (Includes but is not limited
to the listing continued below)1LS$65,618.50 $65,618.50
1 $65,618.50
$1,156,315.52 $1,195,420.70
Addition to Original Contract: $39,105.18
MISCELLANEOUS
LUMP SUM
WATER MAIN
Original Contract Change Order No. 1Item Description
Estimated
Quantity Units
Engineering Services Committee Meeting
9/8/2015 1:15 PM
Gordon Highway 30" Water Main Construction
Department:Utilities
Caption:Approve purchase order correction and change order in the
amount of $80,105.18 for Blair Construction.
Background:Blair Construction submitted the low bid in the amount of
$1,156,315.52 and was awarded the contract to construct the
Gordon Highway 30-inch Transmission Water Main project for
that amount. However, the amount of $1,115,315.52 from the Bid
Summary in the Engineer’s recommendation letter was presented
to the Commission for approval (Bid Item #14-147, approved by
Augusta-Richmond County Commission on July 15, 2014). Thus,
additional funds are requested in the amount of $41,000.00 to
increase the purchase order to match the contracted amount. It was
also necessary to reroute the 30" inch ductile iron pipe around the
proposed Granite Hill Phase 4 Subdivision. The subdivision plan
was presented to AUD after the construction contract was
awarded. The change amount of $39,105.18 reflects the change in
pipe quantities at contracted unit prices as detailed in the attached
cost breakdown. The purchase order correction and the additional
30” pipe quantities result in the total amount of $80,105.18.
Analysis:The purchase order correction is necessary because of a clerical
error and the change order for the additional pipe is based on low
bid unit prices.
Financial Impact:Funding in the amount of $80,105.18 is available from account
511043410/5212115-80310152/5212115.
Alternatives:No alternatives are recommended.
Recommendation:Recommend approval of purchase order correction and change
order.
Funds are Available
in the Following Funds are available in account 511043410/5212115-
80310152/5212115.
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Engineering Services Committee Meeting
9/8/2015 1:15 PM
Minutes
Department:Clerk of Commission
Caption:Motion to approve the minutes of the Engineering Services
Committee held on August 25, 2015.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Engineering Services Committee Meeting
9/8/2015 1:15 PM
Rocky Creek Trunk Sewer
Department:Utilities
Caption:Approve payment to Blair Construction for emergency repairs to
the Rocky Creek Trunk Sewer in the amount of $301,650.
Background:The Augusta CMOM consent order requires that we evaluate our
entire collection system on a 5 year cycle. During this evaluation,
we discovered a section of the Rocky Creek Trunk Sewer that had
become inaccessible due to flooding resulting from beaver dams.
Utilities crews worked to construct access to the trunk sewer.
Once we were able to access the sewer, severe defects were found
in approximately 1000 feet of the line.
Analysis:These defects were such that they allowed significant inflow to the
sewer during high water conditions, causing extremely high flow
at the wastewater plant. Also, this condition created the potential
for a major sanitary sewer overflow. We engaged Blair
Construction, one of our approved task order contractors, to
commence emergency repairs. These repairs included the
construction of 950 feet of 36 inch sanitary sewer, 700 feet of 12
inch sewer, and 6 manholes.
Financial Impact:The cost of this work was $301,650.
Alternatives:There was no acceptable alternative to the emergency repair and
Blair was the contractor most qualified to perform this work.
Recommendation:We recommend payment to Blair Construction in the amount of
$301,650.
Funds are Available
in the Following
Accounts:
Funds are available in 507043490/5425410
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
{
After recording, please return to:Augusta Utilities Department
Attn; Sandra K. Tyler
360 Bav Street, Suits 1gg
Augusta, GA 30961
Cross Reference:
Realty Reel 306, Page 1703
Book 01298, Page 0767
Augusta-Richmond County, Ci eorgia
Book 8847, Page 261
Columbia County, Georgia
STATE OF GEORGIA
COUNTY OF AUGUSTA-RICHMOND
DEED OF DEDICATION
This indenture is made as of June 25,2014, by and among USPG PORTFOLICI FIVE,
LLC, a Delaware limited liability company ("USPG"), ARC SCAUGGA00I LLC, a Dr:laware
limited liability company ("ARC"; USPG and ARC are sometimes collectively referre)d to as
"Grantor") and AUGUSTA, GEORGIA, a political subdivision of the State of t.ieorgia
("Grantee"), acting by and through the Augusta-Richmond County Commission, a 1:olitical
subdivision of the State of Georgia.
WHEREAS, USPG owns a tract of land in Augusta-Richmond and Columbia Crrunties,
Georgia as legally described on Exhibit "A-1" attached hereto and made a part heleof by
reference (the "USPG Property"); and
WHEREAS, ARC owns two tracts of land in Augusta-Richmond County, Ge<:rgia as
legally described on Exhibit "A-2" attached hereto and made a part hereof by refererrce (the
"ARC Property"; the USPG Property and the ARC Property are sometimes collectively teferred
to as the "Shopping Center"); and
WHEREAS, there presently exists an easement in favor of Grantee for ir water
distribution and sanitary sewerage system recorded in Realty Reel 306, Page 1703 A.ugusta-
Richmond County records (the "Old System") in the approximate location as depi:ted as
"Abandoned Sewer Easement" and'oAbandoned l5' Water Easement 'A"'and'oAbando:red 15'
Water Easement'B"'on Exhibit "B-1" and legally described on Exhibit "B-2" attache<i hereto
Augusta, GA, Sam's Store # 8l I 5
Activ e 200 57 67 9v 7 222904.00038 I
-1
r_
and incorporated herein by reference (collectively referred to as the ..Abandoned Easen:ents,,);
WHEREAS, one of ARC's tenants made certain improvements to the Shopping Centerwhich required a relocation of the old system to u ,r.* water distribution and sanitary :rewagesystem (the "New System") in the approximate locations as depicted as ,,proposed 15, SewerEasement oA,"' "Proposed 15' Sewer Easement .g ,. ,.proposed 15, Water Easemenl 0A,,,,"Proposed 15' w{91 Easement oB,"' "Proposed 15I'Water Easement .C,,, and ,.proposled 15,water Easement.'D"1ol Exhibit "c--1"-*a r.guily described on Exhibit ,'c-2,, attached heretoand incorporated herei, uy t"r"t* @ilectivil rlr.r.a to as the ..New Easement Area,,.t; and
WHEREAS, Grantor desires that Grantee release and vacate its easement rights to theAbandoned Easements and, in substitution thereof, u"""pt an easement for and agree to m,6ntainthe New System; and
WHEREAS, Grantee has consented and agreed to vacate the old system and accelrt andmaintain the New System.
Now' THEREFORE, for and in consideration of the sum of Ten and no/100 ($r0.00)Dollars' to it in hand lell-$! truly paid by Grantee *J b.for" the sealing and delivery oi'thesepresents, the receipt of which is hereby acknowledg.J, u"O for the further consideration rrf thebenefits to the shopping center by the maintenancJorirr. New system, the parties hereto agreeas follows:
Grantor does by these presents, grant, bargain, sell and quitclaim unto Grantera, itssuccessors and assigns, an easement in perpetuity ,rrrlar., across and through the New East:mentArea' together with all of the necessary l_rJr,r orinjr.s *d egress over the shopping centr:r forthe purpose of maintaining the describld N"w SyrtJ_.
This indentT" it subject to any utility easements, encumbrances or other matterrs ofrecord which have been granted in the past, including all telephone lines, gas lines, or p 31rys1lines for the transmission of electricity, and Grantor h-erein reserves an easement over the NewEasement Area herein conveyed for the pu{pose of maintaining and installing power lines frrr thetransmission of electricity, telephone linis, and gas lines for thi purpose of irving the Shol:pingcenter an{ the property adjacent thele]o. Any such maintenance and installation shall becoordinated through Grantee by notifying d*i;;[ Aug,rsta utilities bepartment, l,andAcquisition section at least three (:) businesi days in advance unless an emergency exists.
Said easements in the New Easement Area being in the nature of a right-of-way fo' thepurposes of laying, relaying, installing, operating, "repairing and maintaining pipelinestransporting and carrying water ano san]iary r.*.r7g..' Grantee shall maintain the al:rovedescribed New System.
Grantee will have the right, when construction or maintenance is necessary, to digtrenches within the New Easement A..u u, may be necessary to maintain and repair such uraterdistribution and sanitary system; to pile thereonihe materiai excavated, and to haul pipe, supl:liesand equipment connected with the construction and maintenance thereof, over, along, and acr.ossthe shopping center, along with the free right "r i"gr.s and egress to and from the l,lew
Augustq GAo Sam's Store # gl 15
Activ e 200 57 67 9v7 22290 4.0003 I I
H
-2-
Easement Area for these purposes.
Grantor' its successors, legal representatives, and asslgns, does also granq bargrrin, selland convey unto Grante., itr *rc""-*ror* irl *rlgr;;ih" ;ghl 6.rt oot tt " a.rtyltl "t*, ard keepclear' all trees, undergroraah and ottr"ioust u"tii* *itrriime New d;;;;iLn ato:g withthe free right of ingress and egress t" *a furn trrr Nr* gurement Area for these pu{posesr,
Grantor' its rsl1111ors, assigns and legal representatives, shall have the right to rrse theNew Easement Area io 'ny manner not inconsist"rrtii iot"*"riog with the rights herein grirnted.
To have and to hold said water distribufion and sewerage systenr, together with rrll andsingular' the rights, members, "pprr;;ces thereof to the same bgrog, belonging or in arrywiseappertaining to the only proper use, u"rr"nt and behooiof d*t
", itriuo"orJrrLd assig:rs.
Grantee does hereby quitclaim, release.and gonvey to Grantor, its sucoessors and arsign.,all of its right, tiue and inter;t in *ito the Abandonea"gi"*"rrt and such portion of trire ordSystem that has been relocatea Uy tf,i N.w System.
by*fr#;r:"tched Addendum to Deed ofDedication is incorporated in this Deed ofDedi;ation
IN wITNEss smEREoF, the parties hereto have executed this instument as ,f theday and year first above urritten.
USPG:
USPG PORTFOLIO FTVE, LLC,
a Delaware limited liability company
01,,i 4 ,'
Notary Publ ic,'State of er.At.EO N*or. D *"i^ l{.bs*t
,r' C /#^- (sliAt,)
My Commission Expires._.,@_fo1 rI fitfe. f1^a.gc-
AIICIA RENEE,ADCOCiT
Notary Pr,ilh, Slate of 0hio
ifrComninkr Exprres
Decemberg,20lT
[signatures continued on nextpage]
Augusta, GA, Sam,s Storc # gl 15Activ c 20057 679v7 222904.000381
-
-3-
?"I$,*A"r-.UnofficialWitF
rE
[signatures continued from previous page]
Signed, sealed and delivered thisdS$ day ARC:of 5ulle ,2014 in thepresence-of:'
ARC SCAUGGAOOI, LLC,
a Delaware limited liability company
By: T1u Operating partnership, L.p.,
a Delaware limited partnership,
its sole member
By: Tau Acquisition LLC, aDelawarr:
limited liabiliry company, its
General partner
By: Realty Income Corporation
a Maryland corporation, its
sole and ma;raging membersole and mapaging member
,r, t 4u[ptffr alort
NT^-.--. MichddlR.pfetfterl\4ffi€: FxcnLrrive ViCe pre t"d,
STATE OF CALIFORNIA
COLINTY OF SAN DIEGO
GeneralCounsrrl
Title:
o-- 2ot4 before me, S,,scN AuS;:t ,*iil',ffi;Xf,J],H'"ffj:::,yllbe the person(g who'" rum"@ iG'subsciibed to th"*;;i#TiHJ:#Hfi:H"il,'#:;;[me that helshelthe-y executed the same in hisaerfthci. uutt orir"d capacity(ies), and thar byhis'{:c#their signature(/) on the irrtir.Lrt the person(gj ".ir,, entity upon behalf of which theperson(tr) acted, executed ttre instrumeni.
I certifu under PENALTY oF PERJURY under the laws of the state of califomia that theforegoing paragraph is true urO,oorrt. -
.Commission # 1955gg2
Notary Public - California
^ San.Diego County
(Notary Seal)
[signatures continued on next page]
August4 GA, Sam,s Store # gl 15Activ e 20057 67 9v7 222904.00038 1
-4-
Nov 6,201S
and official seal,
Signature of Notary public
-
Signed, sealed and delivered this _ day
of _,2014 in the presence of:
Unofficial Witness
Notary Public, State of Georgia
My Commission Expires:
August4 GAo Sam's Store # 8l15
Activ e 200 57 67 9 v 7 222904.0 003 8 I
[signatures continued from previous page]
GRANTEE:
AUGUSTA, GEORGIA,
a political subdivision of the State of Georgiir
By:
As its Mayor
Attest:
Clerk
(sEAL)
I:;EAL)
-5
Exhibit I'A-1rr
All that certain tract or parcel of land situate, lying and being located in Augusta, Richmond
County, Georgia and Columbia County, Georgia containing 35.30 acres and being; more
particularly described as follows:
Beginning at a point located on the northeasterly right of way of Bobby Jones Exprr;,ssway
573.03 feet north of the northerly right of way of Scott Nixon Memorial Drive said dericribed
point is the POINT OF BEGINNNG;
Thence along the northeasterly right of way of Bobby Jones Expressway North 18 clegrees
37'30" West a distance of 89.76 feet to a point;
Thence leaving the northeasterly right of way of Bobby Jones Expressway North 71 d:grees23'10 East a distance of 250.00 feet to a#4 rebar found;
Thence North 18 degrees 4l'06'West a distance of 58.68 feet to a p.k. nail found;
Thence North 18 degrees 16'40" West a distance of 8.65 feet to a#4 rebar found;
Thence along a curved line having a length of 729.86 feet with a radius of 2970.47 feet and a
chord bearing of North 24 degrees 48'16" West a chord distance of 728.10 feet to a point;
Thence South 65 degrees 06'52'West a distance of 251.98 feet to a point on the northei,usterly
right of way of Bobby Jones Expressway;
Thence along the right of way of Bobby Jones Expressway as it curves a length of 280.4 0 feetwith a radius of 2720.43 feet and a chord bearing of North 35 degrees 25',0- West a chord
distance of 280.28 feet to a#4 rebar found;
Thence leaving the northeasterly right of way of Bobby Jones Expressway North 58 dl:grees
27'09" East a distance of 242.05 feet to a point;
Thence North 37 degrees 55'03" West a distance of 240.00 feet to a point; thence South 46
degrees 4l'09" West a distance of 251.43 feet to a point on the northeisterly right of v,ay of
Bobby Jones Expressway;
Thence along the northeasterly right of way of Bobby Jones Expressway North {f dr;grees
19'52' West a distance of 54.94 feet to a 3" open top pipe found;
Thence leaving the northeasterly right of way of Bobby Jones Expressway North 50 dr:grees
27'28" West a distance of 234.62 feet to a#4 rcbar found;
Thence North 50 degrees 40'13- West a distance of 418.24 feet to a #8 rebar found;
August4 GA, Sam's Store # 8l 15
Activ e 200 57 67 9v 7 222904.0003 8t
-6-
Thence South 66 degrees 5l'40'East a distance of 136.30 feet to a point; thence Nrlrth 23degrees 08'30" West a distance of 22.g5 feet to a point;
Thence North 18 degrees 0l '06" west a distance of 137 .2|feet to a point;
Thence North 17 degrees 3l'31' West a distance of 200.35 feet to a #5 rebar found on thesoutherly right of way of Rose Street;
Thence along the^southerly right of way of Rose Street as it curves a length of 52.g3 feet with aradius of 241'39 feetandachordbearingof south8gdegrees r4'52'Eastachorddistirnceof52.72 feet to a point;
Thence continuingjl^o"g the southerly right of way of Rose Street North 76 degrees 3l ,0,1,, Easta distance of 494.07 feet to a #4 rebarset;
Tlgnceleaving the southerly right of way of Rose Street 14 degrees 36,27- East a dista^rce of184.79 feet to a 1,, open top pipe found;
Thence South 14 degrees 35'31- East a distance of 195.10 feet to a point;
Thence south l3 degrees lg'57'west a distance of 100.g5 feet to a point;
Thence South 18 degrees 57'26' East a distance of 12g.09 feet to a point;
Thence south 19 degrees 42'2r' East a distance of 1 13.51 feet to a point;
Thence south 20 degrees o7'og- East a distance of g3.g9 feet to a point;
Thence South 18 degrees 49'40- East a distance of 122.69 feet to a point;
Thence south 03 degrees 05'4C, west a distance of 175.g9 feet to a point;
Thence south 72 degrees 2T29 west a distance of 15.90 feet to a point;
Thence south 10 degrees 52'44- East a distance of 185.10 feet to a point; thence Soulh 45degrees 46'37'East a distance of 71.46 feet to a point;
Thence South 20 degrees 25'31" East a distance of 179.59 feet to a point;
Thence South 79 degrees l1'08" East a distance of 121.01 feet to a#4 rebarfound;
Thence along a curve a length of 135.25 feet with a radius of 1014.30 feet and a chord beari:rrg ofSouth 05 degrees 23' 46' East a chord distance of 135.15 feet to a #4 rebarfound;
Thence along a curve a length of 19.92 feet with a radius of 1014.30 feet and a chord bearir:.g ofSouth 09 degrees 23' 44' East a chord distance of 19.92 feet to a #4 rebar found;
Augusta, GA Sam's Store # 8l15
Activ e 200 57 67 9v 7 22290 4.0003 I t
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Thence along a curve a length of 20.02 feet with a radius of 1014.30 feet and a chord be:rring ofSouth 1 I degrees 12'35" East a chord distance of 20 .02 feet to a #4 rcbar found;
Thence along a curye a length of 103.31 feet with a radius of 1014.30 feet and a chord beirring ofSouth l4 degrees 42'51'East a chord distance of 102.26 feet to a#4 rebarfound;
Thence South 17 degrees 14'47" East a distance of 242.B2feet to a #5 rebar found;
Thence South 7l degrees lo'lgu west a distance of 4l0.52feet to a point;
Thence North 18 degrees 34'21- west a distance of 103.67 feet to a point;
Thence south 71 degrees 17'22'west a distance of 129.15 feet to a point;
Thence North I I degrees ro'27' East a distance of 76.70 feet to a point;
Thence North 48 degrees 49'33" west a distance of 66.97 feet to a point;
Thence south 71 degrees lo'27" west a distance of 13g.02 feet to a point;
fle-nce along a curve a length of 10.69 feet with a radius of 63.00, and a chord bearing of North13 degrees 57'55- west a chord distance of 10.6g feet to a point;
Thence North 18 degrees 49'33'west a distance of 33.04 feet to a point;
Thence North 63 degrees 49'33'west a distance of 49.g5 feet to a point;
Thence South 7l degrees lo'27" west a distance of l6o.24feet to a point;
Thence South 57 degrees 45'58" West a distance of 47.00 feet to a point and the point ofBeginning.
As shown on ALTA/ACSM Land Title Survey of: village plaza,certified to uspG por.:folioTwo, LLC, a Delaware limited liability company, Chicago Title Insurance Company ar:.d JpMorgan Chase Bank, N'A., a national banking association, prepared by Southern partners. Inc.,bearing the seal and certification of william Fl Todd, Jr., Georgia Registered Land Surveyo : No.2506, dated March 24,2011.
Augusta, GA, Sam's Store # 8l 15
Lctiv e 200 57 67 9v7 2229 04.0 003 8t
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Exhibit "A-2"
All that tract or p*::l of land lying and being in the city of Augusta, 90th GMD of Rir:hmondcounty, Georgia and being -or" pu?i"ularly i"r.rfu"a us follows:
COMMENCE at a PK nail set at the intersection of the northerly right of way rine of scott NixonMemorial Drive
-(variable width righ! of way) and trt. ."3pry right of way line of Bobb,, Jonesf;}tfitffiriR' 232 (variable #iatn 'ishi;i;.y)L 'io pr nll ,.t ilils the rRUE ponvr
Thence from said TRUE PoINT OF,BEGINNING alongthe easterly right of way line of BobbyJones Expressway - s'R. 232the following.o*r"r-*J"aistances: N"rtii is degrees 4l n:.inutes31 seconds west for a distance of 277.2d feet to iii+" l9bar with cap; North 22 degrr:es 5gminutes 22 seconds west for a distance of 134.71feet to a3/4"rebar with cap; North 1g d:grees36 minutes 06 seconds west for a distance or ror.ri-i"et to a 3/4,, rcbarwith cap set; rhenceleaving said right of way line and foilowing the lease lir. .o*Inon to USpG portfolio Twcr, LLCand other properties of USPG Portfolio r,io, LLc It. rou"*ing courses and distances: N.rth 57degrees 46 minutes 28 seconds pasi for a distance ii +e.gg-t"et to a pr nail set; North 71degrees 10 minutes 57 seconds past for a distance or roo.zo feet to a pli nail set; sor.,th 63degrees 49 minutes 03 seconds East for a distance of 49.g5 feet to a pr- nail set; south 1gdegrees 49 minutes 03 seconds East for a distance of 33.04 feet to u pr ruii ret; along a cu.ve tothe right having a radius of 63'00 feet and T Tc t.ngttr-oi ro .69 feet,being subtended by a rhordof south 13 degrees 57 minutes 25 seconds East fJr a distance or'ro.oCreet to a pK na:l set;North 71 degrees l0 minutes 57 seconds East for u airtt". of l37.99feet to a pK nail set; iiouth48 degrees 49 minutes 03 seconds East for a distance ir aa.gl feet to a pK nail set; souLth lldegrees l0 minutes 57 seconds west ror a distance oi-la.lo feet to a pr_-nait set; Norrh 7ldegrees 17 minutes 52 seconds East for u airt*"" oi-tzg.tl feet to a pi nail set; sourh lgdegrees 33 minutes 51 seconds East for a distance iii'ol.al feet to a pti nail set; Norrh 7ldegrees 10 minutes 57 seconds pasi for a distance of 410.49 feet to a 314i, rebwwith cap riet atthe property line corlmon to samuel c. D'Arco; thence along the property line commr:,n tousPG Portfolio Two, LLC, samuel c. D'Arco, wl"J.ri B. Johnston, d. *itron Hayner;, Jr.,Augusta Mortgage company and Blanch ard, & Cath; Real Estatg company, the follo,ringcourses and distances: south 17 degrees 17 minutes 48 seconds East for a distance of 50.g 1 feetto a l/2" rebar found; loutl 23 degiees 56 minutes 58 seconds East for a distance of 149.36 feetto a l/2" rebar found; south 23 delrees 4l minutes 25 seconds East for a distance of 339.g6i feetto a 3/4" rebar with cap set on thE northerly ,tgh, ; *uy rin" of scott Nixon Memorial l),rive(variable width right oi way); thencq u]9"i .uIa ,iglrt ir way line the following courses anddistances: South 66 degrees-tii mi"ut"s 28 icona, ff"riror a distance of l2Lg4 feet to a )14,,rebar with cap set; south 67 degrees liminutes 38 seconds west for a distance of 139.03 fer:t toa PK nail set; North 60 degrees-O8 minutes 39 seconds west for a distance of 25.40feet to a pKnail set; south 66 degrees 03 minutes 28 seconds west foia distance of 105.10 feet to a pK nailset; thence' along u:y*" to the right having a radius or ioz.so feet and *;; length of l4,i;.30feet' being subtended by a chord oiNortr, zia"gr"., tg -irrut., 57 seconds west for a distirnceof 133'44 feet to a PK-nail set; thence, utorg u.,iru"io irreleft having a radius of 266.75feet andan arc length of 341'78 feet, being subtended by a chord of North 69 degrees 25 minuterr 41seconds west for a distance of :t-s.gg feet to u'PK ;i;et; south 73 degrees 5l minutesr 57
Augusta, GA, Sam,s Store # gl 15
Activ e 200 57 67 9 v 7 22290 4.0 003 B I
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seconds west for a distance of 114.23 feet to a PK nail set; thence, along a curve to ttre righthaving a radius of 129 '03 feet and an axc length of t og.: I feet, being subtended by a chrrrd ofil:t-*r'rt6#r93 seconds west-for a distance of 105.16 feet to a pK;ail ,.,. u"ir!
Said property contains 505,925 square feet or ll.6144 acres, as shown on that r:ertainALTA/ACSM Land Titl-e survey roi Eric S. Zorn, as-Trustee of sam,s Real Estate BrsinessTrust' sam's East, Inc', wal-Mart stores,.Inc . &_cltrcago Title Insurance company, prepa::ed bywolverton & Associates, under seal and certificatiorr"or nou"rt A. Bradford, Jr., GRI_ S No.2Ts2,datedDecember 29,200g. r vr r\vuwrr a' L'r<rLrr'r
Gas Lot/Parcel 3
All that tract or p*::l of land lying and being in the city of Augusta, 90th GMD of Richrmondcounty, Georgia and being 'nor. puiti"ularly d-escribed as folrows:
COMMENCE at a PK nail set at the intersection of the northerly right of way line of scott l,[ixonMemorial Drive tv{fle width right of way) and tl,. ""rp.U right of way line of Bobby ,lonesExpressway - s'R 232 (variabte riiatn righi of ;"y)t r"io pr nail set being the TRUE pr:)INTOF COMMENCEMENT.
THENCE from said TRUE POINT oF COMMENCEMENT along the easterly right of wa,,,lineof Bobby Jones Expressway - s.R. 232 the follo*irrg ;o*res and dirt*".r: North lg degrer:s 4lminutes 31 seconds west for a distance of 277.26 fe-et to a 3/4', rebar with cap; North 22 delyees58 minutes 22 seconds west for a distance of 134.71feet to a3/4,, rebar with cap; Nonih 1gdegrees36minutes06secondswestfora distanceorior.ll feet toa3/4,,rebarwithca1:r set;thence' leaving said right of way line and_following tt " i.ur" line common to uSpG porl:lolioTwo' LLC and other properties tr uspc^portfolio i;;, LLC Norrh 57 degrees 46 minutt:s 2gseconds East for a distance of 46.99 feet to a PK nail set being the TRUE poINT oFBEGINNING;
THENCE from said TRUE POINT oF BEGINNING, along said lease line the following coursesand distances: Nort-! 71 degrees l0 minutes sz ,e.ooJs East for a distance of l60.20feet to aPK nail set; south 63 degrees 49 minutes 03 seconds East for a distance of 49.g5 feet to a pKnail set; south 18 degreei 49 minutes 03 seconds Bast for a distance of 33.04 feet to a pK nailset; along a curve to the right having a radius of 63.00 feet and an-axc t.rrgthtr 10.69 feet, br:ingsubtended by a chord of South 13 -degrees 57 minutes 25 seconds East for a distance of 1l).6gfeet to a PK nail set; thence along u t*. to the right having a radius of 63.00 feet and afl arclenglh of 38'78 feet, teing subte;ded by a chord Jr s"rtr, 0g degrees 32 minutes l0 seccrndswest for a distance of 38'u feet to a PKnail set; South io d"g..., l0 minutes 07 seconds rr/estfor a distance of 74'88 feet to a PK nail set; South 71 degrees r0 minutes 57 seconds west firr adistance of 124'07 feet to a PK nail set;.North 18 degrees 49 minutes 03 seconds west fi:,r adistance of 165.79 feet to a PK nail set; said point beinl?. rnup poINT oF BEGINNING.
Said property contains 0.6691 acres or 29,l4g square feet.
-10-Augusta, Gd Sam,s Store # gl 15
Activ e 200 57 67 9v 7 222904.0 003 8 t
Exhibit "B-1"
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Wolve rton & Associotes5145 Sugorlo.t Porksoy . Suit. tOO. Dutulh. 6co,gio 30097Phonc: (770) ,({7-6999 rox: (770) 447-so-70
CHECIGD BY: 16ffJoB }1o, OA-214D^It OA/O9/2012
SCILR N-I.S.
Augusta, GA, Sam's Store # 8115
Lctiv e 200 57 67 9v7 222904.0003 8 l
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August4 GA, Sam's Store # 8l 15
Actiy e 200 57 67 9v7 2229 0 4.0003 I 1
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Exhibit "B-2"
USPG PORTFOLIO TWO.LLC ABANDONED SEWER EASEMENT
All that tract or Pl9el of land lying and being in Georgia Militia District 90 in the t.)ity ofAugusta, Richmond County, Georgia and being more partiCularly described as follows:
To find the True Point of Beginning COMMENCE at a PK Nail at the intersection of the
northern Right of Way of Scott Nixon Memorial Drive, said Right of Way varies in wid.lh, and
the northeastem Right of Way of State Route 232, a.k.aBobby ion.r Expiessway, said Right ofWay varies in width; thence leaving said right of way proceed North 00 degrees 28 mimrtes 43seconds West a distance of 203.64 feet to a point; thence North 7l degiees 17 minuies 28seconds East a distance of 389.72 feet to a point; thence North 22 degrees 06 minutes 17 srr,conds
East a distance of 22.82 feet to a point being the TRUE porNT or BEGTNNING;
From said TRUE POINT OF BEGINNING thus established proceed North 18 degrr,es 58minutes 40 seconds West a distance of 4.85 feet to a point; thence North 19 degrees 03 nrinutes46 seconds East a distance of 16.34 feet to a point; thence South 29 degrees 37 minur.es 53
seconds East a distance of 2.87 feet to a point; thence North 71 degrees 3iminutes 42 st:conds
East a distance of 385.43 feet to a point; thence South 34 degrees lj minutes 16 seconds rrVest a
distance of 24.74 feet to a point; thence South 71 degrees 32 minutes 42 seconds West a dir;tance
of 376.22 feet to a point, said point being the TRUE poINT oF BEGTNNING.
Said parcel contains 0.132 acres or 5,756 square feet.
USPG PORTFOLIO TWO. LLC ABANDONED 15' WATER EASEMENT "A"
All that tract or parcel of land lying and being in Georgia Militia District 90 in the Crity of
Augusta, Richmond County, Georgia and being more partiCularly described as follows:
To find the True Point of Beginning COMMENCE at a PK Nail at the intersection r:rf thenorthern Right of Way of Scott Nixon Memorial Drive, said Right of Way varies in widtl:L andthe northeastem Right of Way of State Route 232, a.k.aBobby iorr", Expiessway, said Rildrt ofWay varies in width; thence leaving said right of way pro"".d North 32 degrees 04 minutes 09
seconds East a distance of 547.32 feet to a point; thence South 51 degrees 37 minutes 12 ser:onds
East a distance of 17.66 feet to a point, said point being the TRUE POINT OF BEGINNIITIG;
From said TRUE POINT OF BEGINNING thus established proceed South 5l degrer:s 37minutes 12 seconds East a distance of 81.88 feet to a point; thenci South 72 degrees 18 miinutes32 seconds West a distance of 7.17 feet to a point; thence South 28 degrees 02 minutr:s 06
seconds West a distance of 9.20 feet to a point; thence North 51 degrees 3Tminutes 12 sel:onds
West a distance of 88.86 feet to a point; thence North 70 degrees 15 minutes 35 seconds li)ast a
distance of 17.66 feet to a point, said point being the TRUE POINT OF BEGINNING.
August4 GA, Sam's Store # 8115
Activ e 200 57 67 9 v 7 2229 0 4.0003 8 I
-13-
' Said parcel contains 0.029 acres or 1,258 square feet.
All that tract or parcel of land lying and being in Georgia Militia District 90 in the rility ofAugusta, Richmond County, Georgia and being more partiCularly described as follows:
To find the True Point of Beginning COMMENCE at a PK Nail at the intersection of thenorthem Right of Way of Scott Nixon Memorial Drive, said Right of Way varies in width, andthe northeastem Right of Way of State Route 232, a.k.a Bobby ioo.s Expiessway, said R ight ofWay varies in width; thence leaving said right of way proceed North 32 degrees 04 minr.tis 09
seconds East a distance of 547.32 feet to a point; thencosouth 5l degrees 37 minutes 12 sr:conds
East a distance of 17.66 feet to a point; thence South 51 degrees 37 minutes 12 seconds East a
distance of 81.88 feet to a point; thence South 36 degrees 04 minutes 57 seconds East a distanceof 15.81 feet to a point, said point being the TRUE poINT oF BEGINNTNG;
From said TRUE POINT OF BEGINNING thus established proceed South 17 degr:es 33
minutes 39 seconds East a distance of 42.09 feet to a point; thenci North 70 degrees 48 nrinutes40 seconds East a distance of 45.36 feet to a point; thence North 18 degrees 38 minu.tes 27
seconds West a distance of 40.89 feet to a point; thence North 71 degrees 2i minutes 33 sr;condsEast a distance of 15.00 feet to a point; thence South 18 degrees 38 minutes 27 seconds East a
distance of 40.74 feet to a point; thence North 70 degrees 48 minutes 40 seconds East a di ltanceof 106.33 feet to a point; thence North 71 degrees 30 minutes 29 seconds East a distance of2ll-ll feet to a point; thence South 18 degrees 29 minutes 3l seconds East a distance of'15.00feet to a point; thence South 71 degrees 30 minutes 29 seconds West a distance of 211.02 rleet toa point; thence South 70 degrees 48 minutes 40 seconds West a distance of 167.03 fer:t to apoint; thence South 18 degrees 43 minutes 09 seconds East a distance of 204.99 feet to a point;
thence South 74 degrees 28 minutes 14 seconds West a distance of 15.03 feet to a point; i:Lence
North 18 degrees 43 minutes 09 seconds West a distance of 204.30 feet to a point; th"rrr" North17 degrees 33 minutes 39 seconds West a distance of 48.45 feet to a point; thence North 28
degrees 02 minutes 06 seconds East a distance of 12.52 feet to a point; thence North 72 d,t:grees18 minutes 32 seconds East a distance of 6.06 feet to a point, said point being the l'[.Up
POINT OF BEGINNING.
Said parcel contains 0.233 acres or 10,169 square feet.
Augusta, Gd Sam's Store # 8l 15
Activ e 200 57 67 9v 7 2229 04.0003 I I
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Exhibit "C-1"
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Wolverton & Associqtes5745 Sueorl,ool Pork'oy . Suil. 100. Dututh, C.oreio gOO97
Phon.: (770) 447-899! For: (770) 447-9d'70
CHECKED BYi ttGN
JOB No. O8-21.ioNE oa/og,12o1,SCAlr: N.T.S.
USPG PORTFOLIO TWO LLC &
AUGUSTA RlCHrrlOllD COT NTY
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Activ e 2O0 57 67 9v7 222904.0003 8 l
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August4 GA, Sam,s Store # gI 15
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Exhibit "C-2"
AII that tract or parcel of land lying and being in Georgia Militia District g0 in the r.)ity ofAugusta, Richmond countv, c;Gi;?;d ;"trffi*" iu,if=ur*ry described as folrows:
To find the True.Point of Beginning COMMENCE at a pK Nail at the intersection rf thenorthem Right of way or s*u"ilffi 14"-"lrq D;;",
:r,0. Ri.eht of way varies in wid.r, andthe northeastern Righi-"f w;; ;ii,o:,. go,1 e zrz, a.-r.anouul Ig*-, Expressway, said Right ofwav varies in width; th*""^l4;- t,q,tsil;f;;;'|r1"""a N.orth 00 degrees 28 minures 43;Tfff1gK[,u o"*ce of zoz'ir feet to a point, said point being trre iRun porN r ox,
From said TRuE t-grNT oF BEGTNNTNG thus established proceed Norrh rg degrer:s 42minutes 32 seconds
-west a dirL;"-;y,.Og r""i11" ffi, thence North 7r degrees r7 mjnutes28 seconds East a distance ;ili;.; feet to a pointi th.nr. south rg degrees 5g minutr:s 40seconds East a distance of 15.00 f;;" a point; tt.n.. i"rrrr;_r_q9er.., ri_inutes 2g ser:ondswest a distance of 389.72 f.J t; ;;;i, ,uio poir.iffiirre rnun porNT oF BEGTNNTTNG.
Said parcel contains O.l34acres or 5,g45 square feet.
nutsusla' rucnmond countv, Georgia and being;"*;;;1i#ffi;d:[T:;il]S" cit'r or
To find the True,Point of Beginning coMMENcE at a pK Nail at the intersection of thenorthern Right of way or s.ouTiron ld"-"rrq D;;", :",j. Right of way varies in width, ,ndthe northeastern Righi:r w"v "riir:r. 5",1 " ziz, ^.y.-ieouu1I9*: Expressway, said Righr: ofwav varies in widl*-lh-en'""i:i6;h11,r-sil;;;;;F"eedNorrh
00 degrees 28 minutes 43seconds west a distance of 2CR'62 feet to a pointitir.rr.. I9rtr, 7r degrees 17 minutes 2gseconds East a distance of 389.72r.oio a pointi tt.r.. Nortt-zl degrees 17 minutes 2g seco::rdsEast a distance of 15.00 r..,i, , priri u.io! ,r,"Tiiui:*b,N, or nrcrN*rxc;
From said TRUE t-orNT oF BEGIN-NrNG thus estabrished proceed Norrh rg degrees 5gminutes 40 seconds
-west a aitiunr.-#y,9g r..ii1rffi, thence North 7r degrees r7 minures28 seconds East a distance ;#;.ff feet to a pointi thence North 34 degrees 13 minutes [6seconds East a distance of l'01 rt.t to apoint; trr.n., N"nr, 7l degrees Ji'riirut", 42 seconlsEast a distance of 24'74 ft"i; ' o"t*,-th"r""s"r,rri+ a"grees 13 minutes 16 seconds wesr: adistance of 25 '71 feet to a point; tt "r."' sourr, z i a.g.*, iz -irr*es 2g seconds west a distanr:eof 380'36 feet to a point, riia p&"i u.i"g ,r,. rnur?iiiriT OF BEGTNNTNG.
Said parcel contains 0.135 acres or 5,g69 square feet.
Augusta, GA, Sam's Store # gl 15Activ e 200 57 67 9v7 222904.00038 I
-17 -
All that tract oryT"l of land lying and being in Georgia Militia District g0 in the cit,,Augusta' Richmond countv, c""ff;";-;"rrffi# nu,ll=ur*ry described as forows:
All that tract or Pfl1el of land lying and being in Georgia Militia District 90 in the r)if ofAugusra, Richmond county, c"orglLd beinjriore i'#"u*ty described as forows:
To find the True,Point
-of Beginning COMMENCE at a pK Nail at the intersection of thenorthern Right of way or stott"Ni*oi rur.-oria orir., :r.0. Ri_ght of way varies in widrh, andthe northeastem Righi."f w"t ;i srol* nou, " zsz, i.rr.ieobby lgnrf Expressway, said R:ght ofwav varies in width; *"i"-".1"irig r"io rig1i"ffi|r1r.9a North 32 degrees 04 mimrtes 09seconds East a distance of 547 '32 r.?ito u point; trr.rlJfir*, 50 degrees 4/minutes 25 sr,,condswest a distance of 224.64 r.., ,"
" p"int; thence soutt +b a"gr.es 02 minutes 5g seconds ,ivest adistance of 14'93 feet to a point, ruii poirt being ,rr. ihun poINT oF BEGTNNTNG;
From said TRUE PorNT oF BEGTNNING thus established proceed South 40 degre:es 02minutes 5g seconds west a ai.rr".. # go.54f.J1;;;;r, thence south 71 degrees 0g minutes13 seconds west a distance "r
j+srfeet to;p;il,',h*ce North rg degrees 49 minur:es 03seconds west a distance of 15'00 re"ito a point; ih"r.. Norttr 7l degrees 0iminutes r3 ser:ondsEast a distance of 30..77 feet to ;;;t";, thence i"fth ;a ;egrees 0j minutes 58 seconds l:)ast adistance of 56' 17 feetto a point; trr"* f"tLs-o Jd,""-, i2 minutes 47 seconds East a disrranceof 15.00 feet to a point, ."ia p"i"it"i"e the TRUE p'oiilr or,BEGrNNrNG.
Said parcel contains 0.031 acres or 1,36g square feet.
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..BD
All that tract or parcel of land lying and being in Georgia Militia District 90 in the ciriy ofAugusta, Richmond countv, c"";;i;;a ueinf iore i'J.iirut*ty described as folrows:
To find the True-Point
-of Beginning coMMEN cE at a pK Nail at the intersection o1, thenorthern Right of way or s.ott"Ni*oi rvr"-oriJ nriu"]ruia Right of w;y ,*ies in width, andthe northeastern Righigr wav oi i,o:* nou, e zlz, i.t .-iBobby 19*p e,.f[rr*uy, said Rigr:t ofwav varies in width; thence !.r1rr"e r.rd righi;;;;;irlr..o North 32 degrees 04 minute, 09;Tpff"itr!1 diu*re or 547.3i i""t to a point,'ruid point being the inue porNr oF
From said TRUE PorNT oF BEGINNTNG thus established proceed North 70 degrees 15minutes 35 seconds East a aiu*r. or r,ll;11 ["i';i;;iil, thence South r8 degrees 38 minr.tes27 seconds East a distance "ii}.ori feet to a point; thence South 70 degrees 15 minutes 35seconds west a distance of 93'89 feet to a point;iher". Nortr, sl degrees 3Tminutes 12 secorrdswest a distance of 17 '66 r".t to u;"t"r, r"ia p"iri i.i-"e irrl rnur porNT oF BEGTNNTN..
Saidparcel contains 0.034acres l,4gl square feet.
-18-Augusta" GA, Sam,s Store # gl 15Activ e 200 5 7 67 9v 7 222904.0 003 8 I
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All that tract or nlgel of land lying and being in Georgia Militia District 90 in the {.)ity ofAugusta' Richmond county, ceoriiaLd being more particularly described as follows:
To find the True.Point of Beginning COMMENCE at a pK Nail at the intersection of thenorthern Right of way of ScotiNixoi Memoria orive, ,uia nign, of way varies in widt:h, andthe northeastern Right of way of state Route 232, a.k.iBobby Jones Expressway, said Right ofway varies in width; thence ieaving saia nghroffilir.ro Norrh 32 degrees 04 minu res 09seconds East a distance of 547 '32 re-et to u point; thenle south 51 degrees 37 minutes 12 sr:condsEast a distance of 17.66 feet to a point; thence South 4i degrees 15 minutes 02 seconds llast adistance of 7g.11 feet to a point, ruio foint being trre inun rorxr or rucruNrxc;
From said TRUE PoINT oF BEGTNNING thus established proceed Norrh 72 degre:s lgminutes 32 seconds East a distance of f 6 as feet to ; p"iru thence South l g degrees 3g minutes27 seconds East a distance of 15.0o feet to u poil;'il;ce south 72 degrees lg minutr:s 32seconds west a distance of 50.63 feet to a point; thence south 2g degrees 02 minutes 06 ser:ondsWest a distance of 31.38 feetto a point; thence-South tg d"gr"", 40 minutes 26 seconds l:jast adistance of 239'10 feet to a point; tr,"n.g \onh z+ a.gr"o 28 minutes 14 seconds East a dis.anceof 12'97 feet to a point; thence sl"trris degrees so rilnutes 33 seconds East a distance of ,iig.09feet to a point; thence south zs aegrees 03 minutes 46 seconds west a distance of 2g.l2fee:to apoint; thence North l8 degrees +0linutes 26 seconds west a distance of 2g2.55feet to a 1:oint;thence North 28 degrees b2 minutes 06 seconds puri u airt*." of +z.gi-re", ao u point, saidpoint being the TRUE POINT OF BEGINNING.
Said parcel contains 0.139 acres or 6,060 square feet.
All that tract or nl1el of land lying and being in Georgia Militia District 90 in the cit,r ofAugusta, Richmond county, GeorgiaLd being more particularly described as follows:
To find the True,l,oint of Beginning GOMMENCE at a pK Nail at the intersection of thenorthem Right of way of ScotiNixoi Memorial Drive, said Right of way varies in width, andthe northeastern Righi of way of state Route 232, a.k.iBobby Jones Expressway, said Rig.t ofway varies in width; thence leaving said right "f ;;;;"ceed South g4 degrees 56 minuter; 02seconds East a distance ot7oa.5i feet to a point,-said point being the TRUE porNT oFBEGINNING;
From said TRUE PoINT oF BEGINNING thus established proceed thence North 71 degr,;es20 minutes 43 seconds East a distance of 194.64 feet to a point; thence North 26 degrees 16minutes 13 seconds East a distance of 29.15 feet to , pti",; thence North l g degrees 44 minutes38 seconds west a distance of a5a..5i feet to u poi.ri trr"nce North 73 degrees 11 minutes 23seconds East a distance of 15.01 feet to a point; til"rr." soutt, lg degrees 44 minutes 3g secor:rdsEast a distance of 460.27 feet to a point; thence south zo J.gr.., 16 minutes 13 seconds wer;t a
Augusta, Gd Sam,s Store # gl 15
Activ e 200 57 67 9 v 7 2229 04.0 003 8 I
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distance of 41'59 feet to a point; thence louth 7l degrees 20 minutes 43 seconds west a d.lstanceof 137'50 feet to a point; thence-North18 d"g..., ro"-irrut., 10 seconds west a distance rlf 5.09feet to a point; thenry !9uth 73 degrees 09 niinutes :q se;;nds west a distance of 32.52f::et to apoint; thence South 89 degrees z3linutes 56 seconds west a distance of 24.22feet to er point;.*f."+t,11ffiffii*Uf**X;i;' uil;;;;*". orT eereet to a point sai r poini
Said parcel contains 0.226 acres or 9,g36 square feet.
August4 GA, Sam,s Store # gl 15
Activ e 200 57 67 9 v 7 22290 4.0003 I I
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Notwithstanding anything to the contrary in the attached document:
Grantee agrees to use due care in any use of the easements herein granted and inthe construction, installation, repaii, ,.ptu..-"nt and maintenance of eitherGrantee's improvements or the easem_ent area as provided for herein so as not tounreasonably disturb Grantor's use-of itr pr"p;;;. -
Grantee agrees to retum theeasement area to its condition which existed prio. to the installatior,, *ui.rt"nanceor repair of any of its improvements in the easement area by Grantee, includingbut not limited to the ripracement of any sod, landscaping, paving or otherimprovements that existed within th" "ur"-J"i#u pri"r to such installation.
To the extent aJlgw-ed by law, Grantee will forever waive and hold Grantorharmless for, and defend Grantor against, any rr"ir^, losses, causes of action, andsuits which arise from Grantee's] itr ug*tr;,-ffitoy..s, or invitees, acts oromissions, including but not limited to the-use orit J.ur"ment herein granted andwill indemnifu Grantor and Grantor's tenants for any losses suffered?ue to any
The easement granted hereunder is a permanent easement and will continue in fullforce and effect so long as the easement is used by the Grantee, its successors andassigns' Notwithstanding the foregoing, Grantorcnat nuu" the right, at its solecost and expense, to relocate said easement and the improvements located therein,upon Grantor's, property with Grantee's prior writte, tonrert, such consent not tobe unreasonably withheld, conditioned o. a"ruv.J.' Any improvements that arerelocated pursuant to this provision shall be constructed in compliance with thethen applicable rules, standards. and regulatiorrs Lr Augusta, Georgia, anddedicated to Grantee upon the expiration offiuppri"uur. *i,t*ti".. i[uo*irgthe dedication to and- acceptance of ttre improi!-"rrt, by Grantee, upon thewritten request of Grantor, Grantee shall ln a timely manner release andextinguish all of its rights in the abandoned easement.-'
Grantee will use all caution notwhile utilizing this easement.
August4 Gd Sam,s Store # gl 15
Activ e 200 57 67 9 v 7 222904.0003 B 1
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to interfere with Grantor's business operations
In exercising any rights and privileges under this easement, Grantee shall complyfully with any federal, state oi lo.ul"lu*s, regulations, ordinances, permits or otherauthorizations or approvals or other requiremenis relating to storm waterdischarges or the control of erosion
-o. ..di-"nt discharges from constructionprojects, including but not limited to the ailw";;;;r, 33 u.s.c . g t25t etseq., and the storm water Generar permit for Discharges Associated withconstruction Activities (coilectivety the ,,storm wut., RA;irements,,).
Grantee shall secure, maintain and comply with all required licenses, permits andcertificates relating to, or otherwise necessary or appropriate for, the construction,installation, repair, replacement and maintinance of either Grantee,simprovements or the easement area as provided for herein. Grantee shall complywith any and all applicable federal, state and local laws, rules, regulations,statutes, codes, orders and ordinances, including, but not limited Io, thosegoverning the prevention, abatement and elimination of pollution and/orprotection of the environment and the employment of its workers.
Grantee shall use commercially reasonable efforts to (i) comply in all respectswith all immigration laws, statutes, rules, codes and'regulaiions, (ii) propertymaintain all records required by the United States Citizenship *d m-igrutio,Services (the "usgls"), including, without limitation, th; completio'n andmaintenance of the Form I-9 for each of Grantee,s employees, and (iii) respond ina timely fashion to any inspection requests related to such I-9 Forms. Granteeshall frlly cooperate in all respects with any audit, inquiry, inspection orinvestigation that may be conducted by the uscrs or a.*t.. or any of itsemployees. Grantor may, in its roi. discretion, terminate this easementimmediately if, at any time during the term, (x) Grantee violates or is in breach ofany provision of this paragraph or (y) the USCIS determines that Grantee has notc9lflled with any of the immigration laws, statutes, rules, codes and regulationsof the United States. Grantee sliall use commercially reasonable efforts tI."qui..all subcontractors performing any work on Grantee's improvements or theeasement area as provided for herein to make the covenants set forth in thisparagraph.
Augusta, GA Sam's Store # gl15
Active 20057679v7 222904.000381
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u'S' Bank National Association, a national banking association, which has an interest in imdto the property owned by usPG Portfolio Five, LLC Urii*. "r (i) that ..rtuin c.".giu Dee,:[ tosecure Debq Assignment of Leases and Rentssnd-security Agreement from uSpG portfolio Five,LLC, recorded on April 15, 2013, i; o4pr:O i;i;:_iig Zat, Columbia c"*ry, Geor:giarecords' and in Deed Book ll!l, ease rg56, Augu.t -ni"rr?orrd counry, Georgia records. asamended, and (ii) that certain ucc Finircing statenient recorded o, "-=-.*, in Deed Book_._,Page , aforesaid records for columbia county, and Deed Book , page _, aforesaid recc:.dsfor Augusta-Richmond county, rro*uy ronr*nts_to and joins in the execution and delivery of rheDeed of Dedication b{ 1a ryorg uspc portforio rire,-irc, ARC scAUGGA',l LLC rrndAugusta' Georgia, to which this pale is attached, such that io ,ii. ,r.n, of a foreclosure under rheaforesaid Georgia Deed to s""u.. olui e.rig"r."r ofl-;;"; ;; Rents and SecuriffAgreemenr, adeed in lieu of such foreclosure * *v'otrro *ch conveyan"*,it " instrument ro *rrilii'rrris pagt: isattached shall continue to be and rernain infult force ani .rr"., r, ,, the property owned by us),,GPortfolio Five, LLC, subject in all instanc.* io a" t.nas and conditions as contai,ed therein.
Signed, sealed and delivered thisEl day of l<4\arnaeG20l4, in the
presence of:
My commission expires, *t(')0tb
INOTARIAL SEAL]
August4 OA, Sam's Store # gl 15
Active 20057679v7 2Z2g04.OOO3 I I
U.S. BANK NATIONAL ASSOCIATION, Anational banking association
By:
Name:
Title:
(sEAL)*.-l &tU^.,.---/o:* vr'.--.%,tff-
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(Deed of Dedication)
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The undersigned Mortgagee ("Mortgagee'), the current holder of that certain Sr,curityDeed' Assignment of Rents *a r"ur.r, collatera Assignment of property Agreemenr.s andSecurity Agreement (the *security Inslrument'), datei as of May 6,2oll,granted by ARCscAUGGA00l, LLC, a Delaware limited riJiiiiy-""rrp any ("Borrower,), for the benr:fit ofGoldman Sachs commercial Mortgage capitar, r.v. 1;:eouman,), predr."rr"*;1ffi:#;;Mortgagee, encumbering certain t-To o:r.i- ,*.rt, located in columbia counr:y andAugusta-Richmond County, Georgia, described i" tlr. seturity Instrument (collectivel,z, the"Propertli'), does-her*v ioin in,-and consent to, trr" terms and provisions of the Dered ofDedication (the *Deet') to whici this Joinder and consent of Mortgagee is attached. Theundersigned Mortgagee does hereby frnther ugr""1hu, th; property is subject to the Deerl, thatforeclosure of the security Inskument shall no-t terminate or otherwise affect the Deed, anrl thatany purchaser of'he Proqe{ gt uny portion thereofat foreclosure (or pursuant to a deed i, lieuof foreclosure) shall u"qrri.. iiu. trr"r.to subject to the oeea.
Mortgagee executes this Joinder and consent of Mortgagee for the purpose of consr:ntingto the Deed and subordinating the lien of tlr; i;;;; Instrument to^the Deed; prQlided,however' that (a) such subordination shall not b" "ppli;re to any liens or assessments crrlatedor arising under the Deed; (b) no violation of the o"iJ rrrar defeat, impair or render invalj.c thelien of the Security Instrument; (c) should Mortgagee ffii." title to the property secured t y theSecurity Instrument, any liability Mortgag". *uy have under the Deed stratt te non-reci)urseexcept to the extent of its equity interest-in r.rcil prop..ty; (a) Mortgagee,s execution o.l.thisJoinder and consent of Mortgagel shall not be aee#a i. "orrrt*"d to [ave the effect of creirtingany relationship of partnership or of joint venture, nor stall anything contained under thisJoinder and consent of Mortgagee be ieemed to ir"i;;;-upo" Mortgagee any of the liabilrties,duties or obligations of ot *d"i the Deed, a1d Mortiuglr "*".utes this Joinder and conse.rt ofMortgagee solely for the purposes set forth in this" l"oinder and consent of Mortgagee; and(e) such consent and subordination (i) shall in no *"y-ai*irish, impair o, urr".t the secr*ityinterest in favor of Mortgagee createi !{ ft" s9"*i( t rrt r*"rt, (ii) shall not affect, anrend,limit or impair any of.the-t..mt or provisions of the sl"*ity Instrument ;*, of Mortgagree,srights under the Security Instrumeni, and (iii) shall not be deemed a consent to, or confirmi:tionwith respect to' any other action or request under, or a waiver of any conditions or requirerrLentsin' the Security lnstrument or the otheiloan Documents 1us a"nr.ain the security Instrume,t).
PPAB2443206Vl
4
MORTGAGEE:
DEIIISCHE BA}IK NATIONAL TITUSTCOMPAM, as trustee for the registered hol.ters ofGS Mortgage Securities Corporatiin II, Comn:,erciai
\Igrtgage Pass-Through Certificates, Series 2ot1_GCs
By: Wells FalSo Bank, N.A., solely in its capar:ity asMaster Servicer, as authorized uniel thatcertain Pooling and ServicingAgreement ilatedas of October 1, 2011
: VP
srArE or t\/o rLL (,^,r* /;ro,
coLrNrY or y'\o-tJ<le^lux l"'
20t4,#" tiT Tf,yryftK *^oyl"-lr:o oiryl",T rh*-*" t o-la* gzut+' oY \-te-f+ . E! / ?{ , P.th. _ ;d,
Xi?::,*:N A, a "ati'o-ul bffing asiociation, Mu#r s.rvicer on behalf of Deutsche jitank)r ueuIscne l:tanKNational Trust company, as trustee for the 6iJ;;;A holders of GS Mortgage Securitiescorporation Il,commercial Mortgagg?ass-Through certificates, Series 20l l_GCs.
Notary Public:
PPAB2443206V1
4-"tt<lrt
JANET GARNER
NOTABY PUBLIC
GASTON COUNry NC
II Plytrlrn Expires March ?, 201i
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John P' Suarez, as Trustee of Sam's Real Estate Business Trust, a Delaware statutorr trust,which has a leasehold interest in and to the property owned by ARC scAUGGA00l LLC, aDelaware limited liability cgmpany, by virtue ortrrut certain Ground Lease dated February 6,2009,as evidenced by that certain Short Form Lease dated February 6,2009 and recorded in the otifice ofthe clerk of Superior.gourt for Augusta-Richmond c;t, Georgia in Book olz1T,page 1134,hereby consents to and joins in the execution_and aerivery orthe oeed of Dedication by and ignongUSPG Portfolio Five, LLC, ARC SCAUGGAOO1 LLCand Augusta, Georgiq to which thi; pageis attached.
^Sjgned, sealed and delivered this
Yauv or C*[./ ,2ot5,in the
presence of: I
JOHN P. SUAREZ, AS TRUSTEE OF S,{M'SREAL ESTATE BUSINESS TRUST
By:(sEAL)
Name:
Title:
M* c F*1"
N@# Public
My commission expires: l) odr*bo^
INOTARTAL SEAL]
Senior Director, Realty Management
aQ/d, a/
Benton CountyCommissiorr N.umber i zcozogsNotary puotiC - Ait'Jnsas
Commission Expires November 26,
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Augusta, Gd Sam's Store # 8l 15
Activ e 200 5 7 67 9v7 2229 04.0003 8 I
Engineering Services Committee Meeting
9/8/2015 1:15 PM
USPG Portfolio Five, LLC (Sam's Club) Deed of Dedication
Department:Augusta Utilities Department
Caption:Motion to approve and accept a Deed of Dedication from USPG
Portfolio Five, LLC (Sam's Club).
Background:In 2012-2013, Sam's Club enlarged their building. In order to do
this, they had to relocate water and sanitary sewer pipelines,
belonging to Augusta.
Analysis:The proffered Deed of Dedication is an easement swap. It grants
Augusta easements over the new pipelines, which are currently in
use, and abandons easements over the old pipelines that are no
longer in use. The Deed restores both parties to their original
positions as to the ownership of the utilities.
Financial Impact:None
Alternatives:No feasible alternatives.
Recommendation:We recommend approval and acceptance of the USPG Portfolio
Five, LLC Deed of Dedication.
Funds are Available
in the Following
Accounts:
N/A
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission