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HomeMy WebLinkAbout2016-03-08-Meeting Minutes Engineering Services Committee Meeting Commission Chamber - 3/8/2016 ATTENDANCE: Present: Hons. Fennoy, Chairman; Hasan, Vice Chairman; Guilfoyle, member. Absent: Hons. Hardie Davis, Mayor; Smith, member. ENGINEERING SERVICES 1. Consider approving Central of Georgia Railroad Crossing NFS No. 1208808. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 3-0. Commissioner Ben Hasan Commissioner Wayne Guilfoyle Passes 2. Consider approving CSX Railroad Crossing CSX736344. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 3-0. Commissioner Wayne Guilfoyle Commissioner Ben Hasan Passes 3. Task the Utilities Director with providing a time-line leading up to the issuance of the water advisory. Explain how the miscommunication with EPD caused the premature lifting of the advisory. Provide an after action report to reflect lessons learned and future actions to be taken to create a smoother transition when other water advisories are implemented. Time is of the essence during this period of terrorist activity. Provide any other pertinent information. (Requested by Item Action: Approved Commissioner Lockett) (Referred from February 23 Engineering Services Committee) Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve receiving this item as information. Motion Passes 3-0. Commissioner Ben Hasan Commissioner Wayne Guilfoyle Passes 4. Motion to approve the minutes of the Engineering Services Committee held on February 23, 2016. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 3-0. Commissioner Wayne Guilfoyle Commissioner Ben Hasan Passes 5. Motion to approve Beautification Agreement and Art The Box Agreement for New Berckmans Road. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 3-0. Commissioner Wayne Guilfoyle Commissioner Ben Hasan Passes 6. Approve award of Construction Contract to Blair Construction in the amount of $127,008 for the Municipal Building Off Street Parking Project. Award is contingent upon receipt of signed contracts and proper bonds as requested by AED. (Bid Item 15-237) Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result www.augustaga.gov Approve Motion to approve. Motion Passes 3-0. Commissioner Wayne Guilfoyle Commissioner Ben Hasan Passes 7. Request approval for RFP # 15-190 for Office Janitorial Services for Utilities. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 3-0. Commissioner Ben Hasan Commissioner Wayne Guilfoyle Passes 8. Present for review and approval the Storm Water Credit Manual and merge the Storm Water Credit Manual into the Storm Water Standard Operating Procedures Manual. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve with the changes to be made for the educational credits and provisional credits subject to the Engineering Department getting that approval from the consultants. Motion Passes 3-0. Commissioner Ben Hasan Commissioner Wayne Guilfoyle Passes Engineering Services Committee Meeting 3/8/2016 1:20 PM Attendance 3/8/16 Department: Presenter: Caption: Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Augusta, GA Augusta Information Technology - GIS Division, Augusta, GAAugusta GA GIS February 18, 2016 0 140 28070 ft 0 40 8020 m 1:1,128 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. CENTRAL OF GEORGIA RAILROAD COMPANY ACKNOWLEDGMENT FORM FOR WIRE AND/OR PIPE OCCUPATION WITHIN THE LIMITS OF A PUBLIC RIGHT OF WAY. APPLICANT: Augusta, Georgia 535 Telfair Street Augusta, GA 30901 SUBJECT: Augusta, Richmond County, Georgia Milepost GF-248.88, Moores-Augusta Line, Georgia Division Latitude N 33.45248, Longitude W 81.98110 Norfolk Southern Activity No. 1208808 Proposed installation of a 24-inch HDPE sewage pipe in a 36-inch steel casing within the limits of Glass Factory Ave. (US AAR/DOT Crossing # 734 121 B) In response to Applicant’s submittal dated October 28, 2015, regarding the proposed construction of the subject project, Central of Georgia Railroad Company (“Railway”) does not object to the installation of the Facilities as shown on the attached Drawings marked Exhibit A, dated February 3, 2016 and Pipe Data Sheet, provided Applicant adheres to the following terms and conditions: • The Facilities shall be installed, maintained, repaired and renewed by and at the sole risk, cost and expense of the Applicant. • The Facilities must conform with all Federal, State and local laws, rules and regulations and will not be attached to any railroad structure or appurtenance and will not be located on any private property of Railway. • The design and construction of aerial Facilities shall comply with Railway’s NSCE-4 Specification, latest edition, and underground Facilities shall comply with Railway’s NSCE-8 Specification, latest edition. • Insurance (a) Without limiting in any manner the liability and obligations assumed by Applicant under any other provision of this Agreement, and as additional protection to Railway, Applicant shall, at its expense, pay the Risk Financing Fee set forth in subparagraph (i) below and shall procure and maintain with insurance companies satisfactory to Railway, the insurance policies described in subparagraphs (ii) and (iii). (i) Upon execution of this Agreement, Applicant shall pay Railway a risk financing fee of $1,000 per installation (herein called the "Risk Financing Fee") to provide Railroad Protective Liability Insurance or such supplemental insurance (which may be self-insurance) as Railway, in its sole discretion, deems to be necessary or appropriate. (ii) Prior to commencement of installation or maintenance of the Facilities or entry on Railway’s property, Applicant, and its contractor if it employs one, shall procure and maintain for the course of said installation and maintenance, a general liability insurance policy naming Railway as an additional insured, and containing products and completed operations and contractual liability coverage, with a combined single limit of not less than $1,000,000 for each occurrence. (iii) Prior to commencement of any subsequent maintenance of the Facility during the term of this Agreement, unless Railway elects to make available and Applicant pays the then current risk financing fee for each affected installation, Applicant, or its contractor if it employs one, shall furnish Railway with an original Railroad Protective Liability Insurance Policy naming Railway as the named insured and having a limit of not less than a combined single limit of $2,000,000 each occurrence and $6,000,000 aggregate. Such policy shall be written using Insurance Services Offices Form Numbers CG 00 35 01 10 01. (b) All insurance required under preceding subsection (a) shall be underwritten by insurers and be of such form and content as may be acceptable to Railway. Prior to commencement of installation or maintenance of the Facilities or any entry on Railway’s property, Applicant, or its contractor if it employs one, shall furnish to Railway’s Risk Manager, Three Commercial Place, Norfolk, Virginia 23510-2191 (or such other representative and/or address as subsequently given by Railway to Applicant in writing), for approval, the original policy described in subsection (a)(iii) and a certificate of insurance evidencing the existence of a policy with the coverage described in subsection (a)(ii). • Prior to commencement of any work to be performed, Applicant shall notify the appropriate Division Engineer for the scheduling of protection and inspection. Within seventy-two (72) hours after the Division Engineer’s actual receipt of such notification, the Division Engineer shall review the necessity and availability of flagmen for the proposed work and advise Applicant of such matters and the estimated cost therefor. No work shall be permitted without the presence of Railway’s flagman or the Division Engineer’s waiver of the requirement for flag protection. Entry on or about any Railway right- of-way without the Division Engineer’s prior approval shall be deemed trespassing. Applicant agrees to pay Railway, within thirty (30) days after delivery of an invoice therefor, for any protection and inspection costs incurred by Railway, in Railway’s sole judgment, during any such entry. • If Railway deems it advisable during the progress of any work of construction, maintenance, repairs and renewals, alterations, adjustments or removal of the Applicant’s Facilities to place watchmen, flagmen, inspectors or any other employees deemed necessary by Railway for the protection of its train traffic and the protection of the property owned or in possession or control of Railway, or its employees, patrons, or licensees, Railway shall have the right to do so and Applicant agrees to bear full cost and expense thereof and to promptly reimburse Railway upon demand. • All cost or expense resulting from any and all loss of life or property, or injury or damage to the person or property of any person, firm or corporation (including the parties hereto and their respective officers, agents and employees) and any and all claims, demands or actions for such loss, injury or damage, caused by or growing out of the presence or use, or the construction, maintenance, renewal, change or relocation and subsequent removal of the Facilities and appurtenances herein referred to shall be borne by Applicant unless caused solely by the negligence or willful misconduct of Railway. • In the event of any revision, renewal, addition, removal or alteration of said facilities, prior approval of the Railway must be secured. Applicant must also furnish Railroad Protective Liability Insurance for this work. • Upon abandonment of the Facilities by Applicant, Applicant shall seek direction from Railway’s Chief Engineer, or his representative, regarding the method of abandonment if the Facilities will be abandoned in place. • In the event the Facilities consist of electrical power or communication wires and appurtenances, Applicant shall promptly remedy any inductive interference growing out of, or resulting from the presence of, the Facilities. • In the event the Facilities consist of an underground occupation, Applicant will be responsible for any settlement caused to the roadbed, right of way and/or tracks, facilities and appurtenances of Railway arising from or as a result of the installation of the Facilities, and Applicant shall pay to Railway on demand the full cost and expense therefore. • All rights and obligations conferred hereby shall extend to the successors and assigns of the parties hereto, provided that the Applicant shall in no event transfer or assign its rights hereunder without the written consent of Railway, which will not be unreasonably withheld. • If the public road is abandoned by the appropriate governmental authority and the Facilities remain within the limits of Railway’s right of way after such abandonment, as a condition for the continuing presence of the Facilities within Railway’s right of way, Railway and Applicant shall agree upon an appropriate occupancy fee or rental for the Facilities and execute an amendment to this Agreement within ninety (90) days after the date upon which such public road is abandoned. • Any and all notices, demands or requests by or from Railway to Applicant, or Applicant to Railway, shall be in writing and shall be sent by (a) postage paid, certified mail, return receipt requested, or (b) a reputable national overnight courier service with receipt therefor, or (c) personal delivery, and addressed in each case as follows: If to Railway: c/o Norfolk Southern Corporation 1200 Peachtree Street, NE - 12th Floor Atlanta, Georgia 30309-3504 Attention: Director Real Estate If to Applicant: Augusta, Geogia ATTN: Augusta Utilities Director 535 Telfair Street Augusta, GA 30901 Either party may, by notice in writing, direct that future notices or demands be sent to a different address. All notices hereunder shall be deemed given upon receipt (or, if rejected, upon rejection). ACCEPTED BY: CENTRAL OF GEORGIA RAILROAD COMPANY ___________________________________ DATE Real Estate Manager AUGUSTA, GEORGIA _____________________ __________________________________ DATE____________ WITNESS By: Hardie Davis, Jr., As Mayor _____________________ NOTARY PUBLIC State of_________ Attest: ___________________________ Clerk of Commission County of____________ My Commission Expires:___________ (NOTARY SEAL) (SEAL) Activity Number: 1208808 JSM: February 8, 2016 File No. 1368997v2 Engineering Services Committee Meeting 3/8/2016 1:20 PM Central of Georgia Railroad Crossing NFS No. 1208808 Department:Utilities Presenter:Tom Wiedmeier Caption:Consider approving Central of Georgia Railroad Crossing NFS No. 1208808. Background:The Augusta Utilities Department will be constructing a low pressure relief sanitary sewer this year. Part of the sewer will be on Glass Factory Avenue and will need to cross the railroad tracks belonging to Central of Georgia (Norfolk Southern). Analysis:This agreement is the normal agreement whereby Central of Georgia/Norfolk Southern grants Augusta the right to cross their right-of-way. Financial Impact:$1000.00 Alternatives:Alternatives Disapprove Central of Georgia NFS No. 128808 Recommendation:Approve Central of Georgia NFS No. 128808 Funds are Available in the Following Accounts: G/L 512043420-5411120 J/L 81500050-5411120 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. 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U3l. n - F a PS - Form 1001-G Revised April 29, 2008 Agreement No. CSX736344 FACILITY ENCROACHMENT AGREEMENT THIS AGREEMENT, made and effective as of June 10, 2015, by and between CSX TRANSPORTATION, INC., a Virginia corporation, whose mailing address is 500 Water Street, Jacksonville, Florida 32202, hereinafter called "Licensor," and AUGUSTA, GEORGIA, a municipal corporation, political subdivision or state agency, under the laws of the State of Georgia, whose mailing address is 530 Greene Street, Augusta, Georgia 30901, hereinafter called "Licensee," WITNESSETH: WHEREAS, Licensee desires to construct (unless previously constructed and designated as existing herein), use and maintain the below described facility(ies), hereinafter called "Facilities," over, under or across property owned or controlled by Licensor, at the below described location(s): 1. One (1) existing twelve inch (12'') diameter sub-grade pipeline crossing, solely for the conveyance of raw/treated sewage, located at or near Augusta, Richmond County, Georgia, Milepost YYG-10.36, Latitude N33:26:45.12, Longitude W82:07:36.56; hereinafter, called the ''Encroachment,'' as shown on print(s) labeled Exhibit "A," attached hereto and made a part hereof; NOW, THEREFORE, in consideration of the mutual covenants, conditions, terms and agreements herein contained, the parties hereto agree and covenant as follows: 1. LICENSE: 1.1 Subject to Article 17, Licensor, insofar as it has the legal right, power and authority to do so, and its present title permits, and subject to: (A) Licensor's present and future right to occupy, possess and use its property within the area of the Encroachment for any and all purposes; (B) All encumbrances, conditions, covenants, easements, and limitations applicable to Licensor's title to or rights in the subject property; and (C) Compliance by Licensee with the terms and conditions herein contained; does hereby license and permit Licensee to construct, maintain, repair, renew, operate, use, alter or change the Facilities at the Encroachment above for the term herein stated, and to remove same upon termination. 1.2 The term Facilities, as used herein, shall include only those structures and ancillary facilities devoted exclusively to the transmission usage above within the Encroachment, and as shown on attached Exhibit A. 1.3 No additional structures or other facilities shall be placed, allowed, or maintained by Licensee in, upon or on the Encroachment except upon prior separate written consent of Licensor. 2. ENCROACHMENT FEE; TERM: 2.1 Licensee shall pay Licensor a one-time nonrefundable Encroachment Fee of FOUR THOUSAND AND 00/100 U.S. DOLLARS ($4,000.00) upon execution of this Agreement. Licensee agrees that the Encroachment Fee applies only to the original Licensee under this Agreement. In the event of a successor (by merger, consolidation, reorganization and/or assignment) or if the original Licensee changes its name, then Licensee shall be subject to payment of Licensor's current administrative and document preparation fees for the cost incurred by Licensor in preparing and maintaining this Agreement on a current basis. 2.2 However, Licensee assumes sole responsibility for, and shall pay directly (or reimburse Licensor), any additional annual taxes and/or periodic assessments levied against Licensor or Licensor's property solely on account of said Facilities or Encroachment. 2.3 This Agreement shall terminate as herein provided, but shall also terminate upon: (a) Licensee's cessation of use of the Facilities or Encroachment for the purpose(s) above; (b) removal of the Facilities; (c) subsequent mutual consent; and/or (d) failure of Licensee to complete installation within five (5) years from the effective date of this Agreement. 2.4 In further consideration for the license or right hereby granted, Licensee hereby agrees that Licensor shall not be charged or assessed, directly or indirectly, with any part of the cost of the installation of said Facilities and appurtenances, and/or maintenance thereof, or for any public works project of which said Facilities is a part. 3. CONSTRUCTION, MAINTENANCE AND REPAIRS: 3.1 Licensee shall construct, maintain, relocate, repair, renew, alter, and/or remove the Facilities, in a prudent, workmanlike manner, using quality materials and complying with any applicable standard(s) or regulation(s) of Licensor (CSXT Specifications), or Licensee's particular industry, National Electrical Safety Code, or any governmental or regulatory body having jurisdiction over the Encroachment. 3.2 Location and construction of Facilities shall be made strictly in accordance with design(s) and specifications furnished to and approved by Licensor and of material(s) and size(s) appropriate for the purpose(s) above recited. 3.3 All of Licensee's work, and exercise of rights hereunder, shall be undertaken at time(s) satisfactory to Licensor, and so as to eliminate or minimize any impact on or interference with the safe use and operation of Licensor's property and appurtenances thereto. 3.4 In the installation, maintenance, repair and/or removal of said Facilities, Licensee shall not use explosives of any type or perform or cause any blasting without the separate express written consent of Licensor. As a condition to such consent, a representative will be assigned by Licensor to monitor blasting, and Licensee shall reimburse Licensor for the entire cost and/or expense of furnishing said monitor. 3.5 Any repairs or maintenance to the Facilities, whether resulting from acts of Licensee, or natural or weather events, which are necessary to protect or facilitate Licensor's use of its property, shall be made by Licensee promptly, but in no event later than thirty (30) days after Licensee has notice as to the need for such repairs or maintenance. 3.6 Licensor, in order to protect or safeguard its property, rail operations, equipment and/or employees from damage or injury, may request immediate repair or renewal of the Facilities, and if the same is not performed, may make or contract to make such repairs or renewals, at the sole risk, cost and expense of Licensee. 3.7 Neither the failure of Licensor to object to any work done, material used, or method of construction or maintenance of said Encroachment, nor any approval given or supervision exercised by Licensor, shall be construed as an admission of liability or responsibility by Licensor, or as a waiver by Licensor of any of the obligations, liability and/or responsibility of Licensee under this Agreement. 3.8 All work on the Encroachment shall be conducted in accordance with Licensor's safety rules and regulations. 3.9 Licensee hereby agrees to reimburse Licensor any loss, cost or expense (including losses resulting from train delays and/or inability to meet train schedules) arising from any failure of Licensee to make repairs or conduct maintenance as required by Section 3.5 above or from improper or incomplete repairs or maintenance to the Facilities or Encroachment. 4. PERMITS, LICENSES: 4.1 Before any work hereunder is performed, or before use of the Encroachment for the contracted purpose, Licensee, at its sole cost and expense, shall obtain all necessary permit(s) (including but not limited to zoning, building, construction, health, safety or environmental matters), letter(s) or certificate(s) of approval. Licensee expressly agrees and warrants that it shall conform and limit its activities to the terms of such permit(s), approval(s) and authorization(s), and shall comply with all applicable ordinances, rules, regulations, requirements and laws of any governmental authority (State, Federal or Local) having jurisdiction over Licensee's activities, including the location, contact, excavation and protection regulations of the Occupational Safety and Health Act (OSHA) (29 CFR 1926.651(b)), et al., and State "One Call" - "Call Before You Dig" requirements. 4.2 Licensee assumes sole responsibility for failure to obtain such permit(s) or approval(s), for any violations thereof, or for costs or expenses of compliance or remedy. 5. MARKING AND SUPPORT: 5.1 With respect to any subsurface installation or maintenance upon Licensor's property, Licensee, at its sole cost and expense, shall: (A) support track(s) and roadbed in a manner satisfactory to Licensor; (B) backfill with satisfactory material and thoroughly tamp all trenches to prevent settling of surface of land and roadbed of Licensor; and (C) either remove any surplus earth or material from Licensor's property or cause said surplus earth or material to be placed and distributed at location(s) and in such manner Licensor may approve. 5.2 After construction or maintenance of the Facilities, Licensee shall: (A) Restore any track(s), roadbed and other disturbed property; and (B) Erect, maintain and periodically verify the accuracy of aboveground markers, in a form approved by Licensor, indicating the location, depth and ownership of any underground Facilities or related facilities. 5.3 Licensee shall be solely responsible for any subsidence or failure of lateral or subjacent support in the Encroachment area for a period of three (3) years after completion of installation. 6. TRACK CHANGES: 6.1 In the event that rail operations and/or track maintenance result in changes in grade or alignment of, additions to, or relocation of track(s) or other facilities, or in the event future use of Licensor's rail corridor or property necessitate any change of location, height or depth in the Facilities or Encroachment, Licensee, at its sole cost and expense and within thirty (30) days after notice in writing from Licensor, shall make changes in the Facilities or Encroachment to accommodate such track(s) or operations. 6.2 If Licensee fails to do so, Licensor may make or contract to make such changes at Licensee's cost. 7. FACILITY CHANGES: 7.1 Licensee shall periodically monitor and verify the depth or height of the Facilities or Encroachment in relation to the existing tracks and facilities, and shall relocate the Facilities or change the Encroachment, at Licensee's expense, should such relocation or change be necessary to comply with the minimum clearance requirements of Licensor. 7.2 If Licensee undertakes to revise, renew, relocate or change in any manner whatsoever all or any part of the Facilities (including any change in voltage or gauge of wire or any change in circumference, diameter or radius of pipe or change in materials transmitted in and through said pipe), or is required by any public agency or court order to do so, plans therefor shall be submitted to Licensor for approval before such change. After approval, the terms and conditions of this Agreement shall apply thereto. 8. INTERFERENCE WITH RAIL FACILITIES: 8.1 Although the Facilities/Encroachment herein permitted may not presently interfere with Licensor's railroad or facilities, in the event that the operation, existence or maintenance of said Facilities, in the sole judgment of Licensor, causes: (a) interference (including, but not limited to, physical or interference from an electromagnetic induction, or interference from stray or other currents) with Licensor's power lines, communication, signal or other wires, train control system, or electrical or electronic apparatus; or (b) interference in any manner, with the operation, maintenance or use of the rail corridor, track(s), structures, pole line(s), devices, other property, or any appurtenances thereto; then and in either event, Licensee, upon receipt of written notice from Licensor of any such interference, and at Licensee's sole risk, cost and expense, shall promptly make such changes in its Facilities or installation, as may be required in the reasonable judgment of the Licensor to eliminate all such interference. Upon Licensee's failure to remedy or change, Licensor may do so or contract to do so at Licensee's sole cost. 8.2 Without assuming any duty hereunder to inspect the Facilities, Licensor hereby reserves the right to inspect same and to require Licensee to undertake repairs, maintenance or adjustments to the Facilities, which Licensee hereby agrees to make promptly, at Licensee's sole cost and expense. 9. RISK, LIABILITY, INDEMNITY: With respect to the relative risk and liabilities of the parties, it is hereby agreed that: 9.1 To the fullest extent permitted by State law (constitutional or statutory, as amended), Licensee hereby agrees to, defend, indemnify, and hold Licensor harmless from and against any and all liability, loss, claim, suit, damage, charge or expense which Licensor may suffer, sustain, incur or in any way be subjected to, on account of death of or injury to any person whomsoever (including officers, agents, employees or invitees of Licensor), and for damage to or loss of or destruction of any property whatsoever, arising out of, resulting from, or in any way connected with the construction, repair, maintenance, replacement, presence, existence, operations, use or removal of the Facilities or any structure in connection therewith, or restoration of premises of Licensor to good order or condition after removal, EXCEPT when proven to have been caused solely by the willful misconduct or gross negligence of Licensor. HOWEVER, to the fullest extent permitted by State law, during any period of actual construction, repair, maintenance, replacement or removal of the Facilities, wherein agents, equipment or personnel of Licensee are on the railroad rail corridor, Licensee's liability hereunder shall be absolute, irrespective of any joint, sole or contributory fault or negligence of Licensor. 9.2 Use of Licensor's rail corridor involves certain risks of loss or damage as a result of the rail operations. Notwithstanding Section 9.1, Licensee expressly assumes all risk of loss and damage to Licensee's Property or the Facilities in, on, over or under the Encroachment, including loss of or any interference with use or service thereof, regardless of cause, including electrical field creation, fire or derailment resulting from rail operations. For this Section, the term "Licensee's Property" shall include property of third parties situated or placed upon Licensor's rail corridor by Licensee or by such third parties at request of or for benefit of Licensee. 9.3 To the fullest extent permitted by State law, as above, Licensee assumes all responsibility for, and agrees to defend, indemnify and hold Licensor harmless from: (a) all claims, costs and expenses, including reasonable attorneys' fees, as a consequence of any sudden or nonsudden pollution of air, water, land and/or ground water on or off the Encroachment area, arising from or in connection with the use of this Encroachment or resulting from leaking, bursting, spilling, or any escape of the material transmitted in or through the Facilities; (b) any claim or liability arising under federal or state law dealing with either such sudden or nonsudden pollution of air, water, land and/or ground water arising therefrom or the remedy thereof; and (c) any subsidence or failure of lateral or subjacent support of the tracks arising from such Facilities leakage. 9.4 Notwithstanding Section 9.1, Licensee also expressly assumes all risk of loss which in any way may result from Licensee's failure to maintain either required clearances for any overhead Facilities or the required depth and encasement for any underground Facilities, whether or not such loss(es) result(s) in whole or part from Licensor's contributory negligence or joint fault. 9.5 Obligations of Licensee hereunder to release, indemnify and hold Licensor harmless shall also extend to companies and other legal entities that control, are controlled by, subsidiaries of, or are affiliated with Licensor, as well as any railroad that operates over the rail corridor on which the Encroachment is located, and the officers, employees and agents of each. 9.6 If a claim is made or action is brought against Licensor, and/or its operating lessee, for which Licensee may be responsible hereunder, in whole or in part, Licensee shall be notified to assume the handling or defense of such claim or action; but Licensor may participate in such handling or defense. 9.7 Notwithstanding anything contained in this Agreement, the limitation of liability contained in the state statutes, as amended from time to time, shall not limit Licensor's ability to collect under the insurance policies required to be maintained under this Agreement. 10. INSURANCE: 10.1 Prior to commencement of surveys, installation or occupation of premises pursuant to this Agreement, Licensee shall procure and shall maintain during the continuance of this Agreement, at its sole cost and expense, a policy of (i) Statutory Worker's Compensation and Employers Liability Insurance with available limits of not less than ONE MILLION AND 00/100 U.S. DOLLARS ($1,000,000.00), which must contain a waiver of subrogation against CSXT and its Affiliates; (ii) Commercial General Liability coverage (inclusive of contractual liability) with available limits of not less than FIVE MILLION AND 00/100 U.S. DOLLARS ($5,000,000.00), naming Licensor, and/or its designee, as additional insured and in combined single limits for bodily injury and property damage and covering the contractual liabilities assumed under this Agreement. The evidence of insurance coverage shall be endorsed to provide for thirty (30) days' notice to Licensor, or its designee, prior to cancellation or modification of any policy. Mail CGL certificate, along with agreement, to CSX Transportation, Inc., Speed Code J180, 500 Water Street, Jacksonville, FL 32202. On each successive year, send certificate to RenewalCOI@csx.com. (iii) Business automobile liability insurance with available limits of not less than ONE MILLION AND 00/100 U.S. DOLLARS ($1,000,000.00) combined single limit for bodily injury and/or property damage per occurrence; (iv) Such other insurance as Licensor may reasonably require. 10.2 If Licensee's existing CGL policy(ies) do(es) not automatically cover Licensee's contractual liability during periods of survey, installation, maintenance and continued occupation, a specific endorsement adding such coverage shall be purchased by Licensee. If said CGL policy is written on a "claims made" basis instead of a "per occurrence" basis, Licensee shall arrange for adequate time for reporting losses. Failure to do so shall be at Licensee's sole risk. 10.3 Licensor, or its designee, may at any time request evidence of insurance purchased by Licensee to comply with this Agreement. Failure of Licensee to comply with Licensor's request shall be considered a default by Licensee. 10.4 Securing such insurance shall not limit Licensee's liability under this Agreement, but shall be security therefor. 10.5 (A) In the event Licensee finds it necessary to perform construction or demolition operations within fifty feet (50') of any operated railroad track(s) or affecting any railroad bridge, trestle, tunnel, track(s), roadbed, overpass or underpass, Licensee shall: (a) notify Licensor; and (b) require its contractor(s) performing such operations to procure and maintain during the period of construction or demolition operations, at no cost to Licensor, Railroad Protective Liability (RPL) Insurance, naming Licensor, and/or its designee, as Named Insured, written on the current ISO/RIMA Form (ISO Form No. CG 00 35 01 96) with limits of FIVE MILLION AND 00/100 U.S. DOLLARS ($5,000,000.00) per occurrence for bodily injury and property damage, with at least TEN MILLION AND 00/100 U.S. DOLLARS ($10,000,000.00) aggregate limit per annual policy period, with Pollution Exclusion Amendment (ISO CG 28 31 11 85) if an older ISO Form CG 00 35 is used. The original of such RPL policy shall be sent to and approved by Licensor prior to commencement of such construction or demolition. Licensor reserves the right to demand higher limits. (B) At Licensor's option, in lieu of purchasing RPL insurance from an insurance company (but not CGL insurance), Licensee may pay Licensor, at Licensor's current rate at time of request, the cost of adding this Encroachment, or additional construction and/or demolition activities, to Licensor's Railroad Protective Liability (RPL) Policy for the period of actual construction. This coverage is offered at Licensor's discretion and may not be available under all circumstances. 10.6 Notwithstanding the provisions of Sections 10.1 and 10.2, Licensee, pursuant to State Statute(s), may self-insure or self-assume, in any amount(s), any contracted liability arising under this Agreement, under a funded program of self-insurance, which fund will respond to liability of Licensee imposed by and in accordance with the procedures established by law. 11. GRADE CROSSINGS; FLAGGING: 11.1 Nothing herein contained shall be construed to permit Licensee or Licensee's contractor to move any vehicles or equipment over the track(s), except at public road crossing(s), without separate prior written approval of Licensor. 11.2 If Licensor deems it advisable, during any construction, maintenance, repair, renewal, alteration, change or removal of said Facilities, to place watchmen, flagmen, inspectors or supervisors for protection of operations of Licensor or others on Licensor's rail corridor at the Encroachment, and to keep persons, equipment or materials away from the track(s), Licensor shall have the right to do so at the expense of Licensee, but Licensor shall not be liable for failure to do so. 11.3 Subject to Licensor's consent and to Licensor's Railroad Operating Rules and labor agreements, Licensee may provide flagmen, watchmen, inspectors or supervisors during all times of construction, repair, maintenance, replacement or removal, at Licensee's sole risk and expense; and in such event, Licensor shall not be liable for the failure or neglect of such watchmen, flagmen, inspectors or supervisors. 12. LICENSOR'S COSTS: 12.1 Any additional or alternative costs or expenses incurred by Licensor to accommodate Licensee's continued use of Licensor's property as a result of track changes or wire changes shall also be paid by Licensee. 12.2 Licensor's expense for wages ("force account" charges) and materials for any work performed at the expense of Licensee pursuant hereto shall be paid by Licensee within thirty (30) days after receipt of Licensor's bill therefor. Licensor may, at its discretion, request an advance deposit for estimated Licensor costs and expenses. 12.3 Such expense shall include, but not be limited to, cost of railroad labor and supervision under "force account" rules, plus current applicable overhead percentages, the actual cost of materials, and insurance, freight and handling charges on all material used. Equipment rentals shall be in accordance with Licensor's applicable fixed rate. Licensor may, at its discretion, require advance deposits for estimated costs of such expenses and costs. 13. DEFAULT, BREACH, WAIVER: 13.1 The proper and complete performance of each covenant of this Agreement shall be deemed of the essence thereof, and in the event Licensee fails or refuses to fully and completely perform any of said covenants or remedy any breach within thirty (30) days after receiving written notice from Licensor to do so (or within forty-eight (48) hours in the event of notice of a railroad emergency), Licensor shall have the option of immediately revoking this Agreement and the privileges and powers hereby conferred, regardless of encroachment fee(s) having been paid in advance for any annual or other period. Upon such revocation, Licensee shall make removal in accordance with Article 14. 13.2 No waiver by Licensor of its rights as to any breach of covenant or condition herein contained shall be construed as a permanent waiver of such covenant or condition, or any subsequent breach thereof, unless such covenant or condition is permanently waived in writing by Licensor. 13.3 Neither the failure of Licensor to object to any work done, material used, or method of construction or maintenance of said Encroachment, nor any approval given or supervision exercised by Licensor, shall be construed as an admission of liability or responsibility by Licensor, or as a waiver by Licensor of any of the obligations, liability and/or responsibility of Licensee under this Agreement. 14. TERMINATION, REMOVAL: 14.1 All rights which Licensee may have hereunder shall cease upon the date of (a) termination, (b) revocation, or (c) subsequent agreement, or (d) Licensee's removal of the Facility from the Encroachment. However, neither termination nor revocation of this Agreement shall affect any claims and liabilities which have arisen or accrued hereunder, and which at the time of termination or revocation have not been satisfied; neither party, however, waiving any third party defenses or actions. 14.2 Within thirty (30) days after revocation or termination, Licensee, at its sole risk and expense, shall (a) remove the Facilities from the rail corridor of Licensor, unless the parties hereto agree otherwise, (b) restore the rail corridor of Licensor in a manner satisfactory to Licensor, and (c) reimburse Licensor any loss, cost or expense of Licensor resulting from such removal. 15. NOTICE: 15.1 Licensee shall give Licensor at least thirty (30) days written notice before doing any work on Licensor's rail corridor, except that in cases of emergency shorter notice may be given. Licensee shall provide proper notification as follows: a. For non-emergencies, Licensee shall complete and submit Licensor's Outside Party Number Request Form (Form # OP) by facsimile, to facsimile numbers: (904) 245-3692. Licensee may also scan and email a completed form to email address: OP_Request@csx.com. A blank form, as well as additional instructions and information, can be obtained from Licensor's web site, via web link: http://www.csx.com/share/wwwcsx_mura/assets/File/Customers/Non- freight_Services/Property_Real_Estate/Outside_Party_Number_Request_Form.pdf. b. For emergencies, Licensee shall complete all of the steps outlined in Section 15.1 a. above, and shall also include detailed information of the emergency. Licensee shall also call and report details of the emergency to Licensor's Rail Operations Emergency Telephone Number: 1-800-232-0144. In the event Licensor needs to contact Licensee concerning an emergency involving Licensee's Facility(ies), the emergency phone number for Licensee is: 706-312-4160. 15.2 All other notices and communications concerning this Agreement shall be addressed to Licensee at the address above, and to Licensor at the address shown on Page 1, c/o CSXT Contract Management, J180; or at such other address as either party may designate in writing to the other. 15.3 Unless otherwise expressly stated herein, all such notices shall be in writing and sent via Certified or Registered Mail, Return Receipt Requested, or by courier, and shall be considered delivered upon: (a) actual receipt, or (b) date of refusal of such delivery. 16. ASSIGNMENT: 16.1 The rights herein conferred are the privileges of Licensee only, and Licensee shall obtain Licensor's prior written consent to any assignment of Licensee's interest herein; said consent shall not be unreasonably withheld. 16.2 Subject to Sections 2 and 16.1, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors or assigns. 16.3 Licensee shall give Licensor written notice of any legal succession (by merger, consolidation, reorganization, etc.) or other change of legal existence or status of Licensee, with a copy of all documents attesting to such change or legal succession, within thirty (30) days thereof. 16.4 Licensor expressly reserves the right to assign this Agreement, in whole or in part, to any grantee, lessee, or vendee of Licensor's underlying property interests in the Encroachment, upon written notice thereof to Licensee. 16.5 In the event of any unauthorized sale, transfer, assignment, sublicense or encumbrance of this Agreement, or any of the rights and privileges hereunder, Licensor, at its option, may revoke this Agreement by giving Licensee or any such assignee written notice of such revocation; and Licensee shall reimburse Licensor for any loss, cost or expense Licensor may incur as a result of Licensee's failure to obtain said consent. 17. TITLE: 17.1 Licensee understands that Licensor occupies, uses and possesses lands, rights-of-way and rail corridors under all forms and qualities of ownership rights or facts, from full fee simple absolute to bare occupation. Accordingly, nothing in this Agreement shall act as or be deemed to act as any warranty, guaranty or representation of the quality of Licensor's title for any particular Encroachment or segment of Rail Corridor occupied, used or enjoyed in any manner by Licensee under any rights created in this Agreement. It is expressly understood that Licensor does not warrant title to any Rail Corridor and Licensee will accept the grants and privileges contained herein, subject to all lawful outstanding existing liens, mortgages and superior rights in and to the Rail Corridor, and all leases, licenses and easements or other interests previously granted to others therein. 17.2 The term "license," as used herein, shall mean with regard to any portion of the Rail Corridor which is owned by Licensor in fee simple absolute, or where the applicable law of the State where the Encroachment is located otherwise permits Licensor to make such grants to Licensee, a "permission to use" the Rail Corridor, with dominion and control over such portion of the Rail Corridor remaining with Licensor, and no interest in or exclusive right to possess being otherwise granted to Licensee. With regard to any other portion of Rail Corridor occupied, used or controlled by Licensor under any other facts or rights, Licensor merely waives its exclusive right to occupy the Rail Corridor and grants no other rights whatsoever under this Agreement, such waiver continuing only so long as Licensor continues its own occupation, use or control. Licensor does not warrant or guarantee that the license granted hereunder provides Licensee with all of the rights necessary to occupy any portion of the Rail Corridor. Licensee further acknowledges that it does not have the right to occupy any portion of the Rail Corridor held by Licensor in less than fee simple absolute without also receiving the consent of the owner(s) of the fee simple absolute estate. Further, Licensee shall not obtain, exercise or claim any interest in the Rail Corridor that would impair Licensor's existing rights therein. 17.3 Licensee agrees it shall not have nor shall it make, and hereby completely and absolutely waives its right to, any claim against Licensor for damages on account of any deficiencies in title to the Rail Corridor in the event of failure or insufficiency of Licensor's title to any portion thereof arising from Licensee's use or occupancy thereof. 17.4 Licensee agrees to fully and completely indemnify and defend all claims or litigation for slander of title, overburden of easement, or similar claims arising out of or based upon the Facilities placement, or the presence of the Facilities in, on or along any Encroachment(s), including claims for punitive or special damages. 17.5 Licensee shall not at any time own or claim any right, title or interest in or to Licensor's property occupied by the Encroachments, nor shall the exercise of this Agreement for any length of time give rise to any right, title or interest in Licensee to said property other than the license herein created. 17.6 Nothing in this Agreement shall be deemed to give, and Licensor hereby expressly waives, any claim of ownership in and to any part of the Facilities. 17.7 Licensee shall not create or permit any mortgage, pledge, security, interest, lien or encumbrances, including without limitation, tax liens and liens or encumbrances with respect to work performed or equipment furnished in connection with the construction, installation, repair, maintenance or operation of the Facilities in or on any portion of the Encroachment (collectively, "Liens or Encumbrances"), to be established or remain against the Encroachment or any portion thereof or any other Licensor property. 17.8 In the event that any property of Licensor becomes subject to such Liens or Encumbrances, Licensee agrees to pay, discharge or remove the same promptly upon Licensee's receipt of notice that such Liens or Encumbrances have been filed or docketed against the Encroachment or any other property of Licensor; however, Licensee reserves the right to challenge, at its sole expense, the validity and/or enforceability of any such Liens or Encumbrances. 18. GENERAL PROVISIONS: 18.1 This Agreement, and the attached specifications, contains the entire understanding between the parties hereto. 18.2 Neither this Agreement, any provision hereof, nor any agreement or provision included herein by reference, shall operate or be construed as being for the benefit of any third person. 18.3 Except as otherwise provided herein, or in any Rider attached hereto, neither the form of this Agreement, nor any language herein, shall be interpreted or construed in favor of or against either party hereto as the sole drafter thereof. 18.4 This Agreement is executed under current interpretation of applicable Federal, State, County, Municipal or other local statute, ordinance or law(s). However, each separate division (paragraph, clause, item, term, condition, covenant or agreement) herein shall have independent and severable status for the determination of legality, so that if any separate division is determined to be void or unenforceable for any reason, such determination shall have no effect upon the validity or enforceability of each other separate division, or any combination thereof. 18.5 This Agreement shall be construed and governed by the laws of the state in which the Facilities and Encroachment are located. 18.6 If any amount due pursuant to the terms of this Agreement is not paid by the due date, it will be subject to Licensor's standard late charge and will also accrue interest at eighteen percent (18%) per annum, unless limited by local law, and then at the highest rate so permitted. 18.7 Licensee agrees to reimburse Licensor for all reasonable costs (including attorney's fees) incurred by Licensor for collecting any amount due under the Agreement. 18.8 The provisions of this License are considered confidential and may not be disclosed to a third party without the consent of the other party(s), except: (a) as required by statute, regulation or court order, (b) to a parent, affiliate or subsidiary company, (c) to an auditing firm or legal counsel that are agreeable to the confidentiality provisions, or (d) to Lessees of Licensor's land and/or track who are affected by the terms and conditions of this Agreement and will maintain the confidentiality of this Agreement. 18.9 Licensor shall refund to Licensee any overpayments collected, plus any taxes paid in advance; PROVIDED, however, such refund shall not be made when the cumulative total involved is less than One Hundred Dollars ($100.00). *******THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK******* IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate (each of which shall constitute an original) as of the effective date of this Agreement. Witness for Licensor: CSX TRANSPORTATION, INC. _______________________________ By:_________________________________________ Print/Type Name:_____________________________ Print/Type Title:______________________________ Witness for Licensee: AUGUSTA, GEORGIA _______________________________ By:_________________________________________ Who, by the execution hereof, affirms that he/she has the authority to do so and to bind the Licensee to the terms and conditions of this Agreement. Print/Type Name:_____________________________ Print/Type Title:______________________________ Tax ID No.:__________________________________ Authority under Ordinance or Resolution No._______________________________, Dated:______________________________________. Augusta, GA Augusta GA GISAugusta, GA, GIS Department, Pictometry February 11, 2016 0 1,100 2,200550 ft 0 330 660165 m 1:9,028 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 3/8/2016 1:20 PM CSX Railroad Crossing CSX736344 Department:Utilities Presenter:Tom Wiedmeier Caption:Consider approving CSX Railroad Crossing CSX736344. Background:The Augusta Utilities Department will be constructing the Jimmie Dyess Parkway Sanitary Sewer Extension, in the near future. In order to do this, AUD will need to cross under the railroad tracks and right-of-way belonging to CSX near Powell Road. This agreement is a revision of the original agreement. The original agreement called for an eight inch pipe; this revision upgrades it to a twelve inch pipe. Analysis:The agreement is the normal agreement whereby CSX grants Augusta the right to cross their right-of-way. The additional one- time fee of $425.00 is for the upgrade from an eight inch pipe to a twelve inch pipe. Financial Impact:$425.00 Alternatives:Disapprove CSX Railroad Crossing CSX736344 Recommendation:Approve CSX Railroad Crossing CSX736344 Funds are Available in the Following Accounts: G/L 512043420-5411120 J/L 81600020-5411120 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Engineering Services Committee Meeting 3/8/2016 1:20 PM Issuance of Water Advisory Department:Clerk of Commission Presenter: Caption:Task the Utilities Director with providing a time-line leading up to the issuance of the water advisory. Explain how the miscommunication with EPD caused the premature lifting of the advisory. Provide an after action report to reflect lessons learned and future actions to be taken to create a smoother transition when other water advisories are implemented. Time is of the essence during this period of terrorist activity. Provide any other pertinent information. (Requested by Commissioner Lockett) (Referred from February 23 Engineering Services Committee) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Engineering Services Committee Meeting 3/8/2016 1:20 PM Minutes Department:Clerk of Commission Presenter: Caption:Motion to approve the minutes of the Engineering Services Committee held on February 23, 2016. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: AUGUSTA BEAUTIFICATION PROGRAM AGREEMENT This Agreement is made and entered into on this 15th date of March, 2016 (hereinafter referred to as Agreement Date) between Augusta, Georgia, a political subdivision of the State of Georgia (hereinafter referred to as the Sponsor) and Berckman Residential Properties, LLC, a Georgia limited liability company (hereinafter referred to as the Company). Sponsor and Company recognize the need and the desirability of landscaped and well-maintained roadway medians. The Augusta Beautification Program has been established for private businesses to contribute towards the effort of maintaining cleaner and more beautiful professionally landscaped roadways. For and in consideration of Sponsor’s grant of permission for Company to landscape a section of right of way as set forth herein, and for and in consideration of the mutual promises and covenants as herein contained, Company hereby agrees to participate in the Augusta Beautification Program in accordance with the following terms and conditions. A. Company does hereby agree: 1. To be responsible for and commit to bear all costs of any kind related to the design, purchase, installation, implementation and maintenance of a landscape plan (and any signage that Company agrees to install) for Berckmans Road between Washington Road and Wicklow Drive (this section of roadway hereinafter referred to as “Roadway Section”) and promote a better environment in the community for a period of five (5) years beginning on the Agreement Date, with the option of five (5) year extensions as agreed in writing by the parties. Roadway Section may be extended by mutual written agreement of the parties. 2. To be responsible for the development and implementation of a landscape plan for Roadway Section subject to approval of such plan by the Augusta, Georgia Department of Traffic Engineering. Any signage for this Roadway Section to be installed by Company shall include legally compliant sign posts for traffic signs that are aesthetically consistent with the landscape plan as approved in writing by Sponsor’s Department of Traffic Engineering. 3. To provide for ongoing landscape maintenance, which meets or exceeds all Sponsor and/or state landscaping regulations, of Roadway Section a minimum of once a month at Company’s own expense and Company hereby releases Sponsor from any claims arising out of Company’s failure to so maintain the landscaping of the Roadway Section. Should any traffic sign post described in paragraph 2 herein and installed by Company become broken, Sponsor will replace such traffic sign post with a temporary traffic sign post and Company will replace the temporary traffic sign post with a permanent sign post as described in paragraph 2 herein during its next monthly maintenance. 4. The parties recognize that the Roadway Section belongs to Sponsor and that Sponsor has the sole duty to maintain the roadway, the shoulders of the roadway, and any safety related traffic control devices and signs. Notwithstanding anything to the contrary in this Agreement, neither Company, nor its employees, officers, agents, or subcontractors, shall be liable for auto accidents or other accidents or incidents occurring to members of the public as a result of the subject matter of this Agreement. 1 00928327-3 5. Subject to and as limited by Section 4 above, to hold Sponsor, its employees, officers and agents harmless from and against any and all injuries or damages that Company, Company’s employees or agents may suffer as a result of negligent installation and/or maintenance of the landscape plan or otherwise arising out of the negligent performance of Company’s duties under this Agreement. 6. To perform all work or cause all work to be performed in a workmanlike manner, in the exercise of due care and follow safety guidelines in the implementation of the terms of this Agreement. 7. To certify to Sponsor that it has workers compensation and property damage insurance in the following amounts: a) workers compensation as dictated by state law; and b) general liability insurance at $1,000,000 per occurrence; and c) automobile insurance at $500,000 per occurrence. Such insurance shall be maintained in full force and effect during the term of the Agreement. 8. Should Company contract with others (hereinafter referred to as Subcontractor) to install, implement, or maintain said landscape plan, Company must ensure that each Subcontractor has workers compensation and property damage insurance in amounts as required by Sponsor. Company must provide Sponsor with proof of Subcontractor’s insurance and certification that such insurance shall be maintained in full force and effect during the term of the Agreement. B. Sponsor does hereby agree: 1. That upon execution of this Agreement, Sponsor grants Company the right to landscape Roadway Section as set forth in this Agreement. 2. Company may place signs approved in writing by Sponsor’s Department of Traffic Engineering as to size and aesthetics on its Roadway Section during the term of this Agreement. 3. Any approvals required by Sponsor shall not be unreasonably withheld. C. The Parties further agree: 1. The Company and its employees and agents and Subcontractors are not and shall not be considered to be employees or agents of Sponsor for any purposes whatsoever, including, but not limited to, worker’s compensation, health insurance or other employee benefits. 2. Either party may terminate this Agreement at any time upon thirty (30) days written notice to the other party. 3. This Agreement is solely for the benefit of Sponsor and Company and is not assignable by either party. No other person or entity is entitled to the benefit or may enforce any of the provisions of this Agreement. 4. This Agreement shall be construed in accordance with the laws of the State of Georgia. 2 00928327-3 5. Nothing in this Agreement shall be construed to rescind or modify the Company’s easement or ownership rights as set forth in the deed from Company to Sponsor relating to the Berckmans Road project dated May 28, 2015. BERCKMAN RESIDENTIAL PROPERTIES, LLC By:______________________________ Walton L. Johnson Its: Director and Manager AUGUSTA, GEORGIA By:______________________________ Hardie Davis, Jr., as its Mayor Attest: By:__________________________ Clerk of Commission SEAL: 3 00928327-3 AUGUSTA BEAUTIFICATION PROGRAM AGREEMENT This Agreement is made and entered into on this 15th date of March, 2016 (hereinafter referred to as Agreement Date) between Augusta, Georgia, a political subdivision of the State of Georgia (hereinafter referred to as the Sponsor) and Berckman Residential Properties, LLC, a Georgia limited liability company (hereinafter referred to as the Company). Sponsor and Company recognize the need and the desirability of landscaped and well-maintained roadway medians. The Augusta Beautification Program has been established for private businesses to contribute towards the effort of maintaining cleaner and more beautiful professionally landscaped roadways. For and in consideration of Sponsor’s grant of permission for Company to landscape a section of right of way as set forth herein, and for and in consideration of the mutual promises and covenants as herein contained, Company hereby agrees to participate in the Augusta Beautification Program in accordance with the following terms and conditions. A. Company does hereby agree: 1. To be responsible for and commit to bear all costs of any kind related to the design, purchase, installation, implementation and maintenance of a landscape plan (and any signage that Company agrees to install) for Berckmans Road between Washington Road and Wicklow Drive (this section of roadway hereinafter referred to as “Roadway Section”) and promote a better environment in the community for a period of five (5) years beginning on the Agreement Date, with the option of five (5) year extensions as agreed in writing by the parties. Roadway Section may be extended by mutual written agreement of the parties. 2. To be responsible for the development and implementation of a landscape plan for Roadway Section subject to approval of such plan by the Augusta, Georgia Department of Traffic Engineering. Any signage for this Roadway Section to be installed by Company shall include legally compliant sign posts for traffic signs that are aesthetically consistent with the landscape plan as approved in writing by Sponsor’s Department of Traffic Engineering. 3. To provide for ongoing landscape maintenance, which meets or exceeds all Sponsor and/or state landscaping regulations, of Roadway Section a minimum of once a month at Company’s own expense and Company hereby releases Sponsor from any claims arising out of Company’s failure to so maintain the landscaping of the Roadway Section. Should any traffic sign post described in paragraph 2 herein and installed by Company become broken, Sponsor will replace such traffic sign post with a temporary traffic sign post and Company will replace the temporary traffic sign post with a permanent sign post as described in paragraph 2 herein during its next monthly maintenance. 4. The parties recognize that the Roadway Section belongs to Sponsor and that Sponsor has the sole duty to maintain the roadway, the shoulders of the roadway, and any safety related traffic control devices and signs. Notwithstanding anything to the contrary in this Agreement, neither Company, nor its employees, officers, agents, or subcontractors, shall be liable for auto accidents or other accidents or incidents occurring to members of the public as a result of the subject matter of this Agreement. 1 00928327-3 5. Subject to and as limited by Section 4 above, to hold Sponsor, its employees, officers and agents harmless from and against any and all injuries or damages that Company, Company’s employees or agents may suffer as a result of negligent installation and/or maintenance of the landscape plan or otherwise arising out of the negligent performance of Company’s duties under this Agreement. 6. To perform all work or cause all work to be performed in a workmanlike manner, in the exercise of due care and follow safety guidelines in the implementation of the terms of this Agreement. 7. To certify to Sponsor that it has workers compensation and property damage insurance in the following amounts: a) workers compensation as dictated by state law; and b) general liability insurance at $1,000,000 per occurrence; and c) automobile insurance at $500,000 per occurrence. Such insurance shall be maintained in full force and effect during the term of the Agreement. 8. Should Company contract with others (hereinafter referred to as Subcontractor) to install, implement, or maintain said landscape plan, Company must ensure that each Subcontractor has workers compensation and property damage insurance in amounts as required by Sponsor. Company must provide Sponsor with proof of Subcontractor’s insurance and certification that such insurance shall be maintained in full force and effect during the term of the Agreement. B. Sponsor does hereby agree: 1. That upon execution of this Agreement, Sponsor grants Company the right to landscape Roadway Section as set forth in this Agreement. 2. Company may place signs approved in writing by Sponsor’s Department of Traffic Engineering as to size and aesthetics on its Roadway Section during the term of this Agreement. 3. Any approvals required by Sponsor shall not be unreasonably withheld. C. The Parties further agree: 1. The Company and its employees and agents and Subcontractors are not and shall not be considered to be employees or agents of Sponsor for any purposes whatsoever, including, but not limited to, worker’s compensation, health insurance or other employee benefits. 2. Either party may terminate this Agreement at any time upon thirty (30) days written notice to the other party. 3. This Agreement is solely for the benefit of Sponsor and Company and is not assignable by either party. No other person or entity is entitled to the benefit or may enforce any of the provisions of this Agreement. 4. This Agreement shall be construed in accordance with the laws of the State of Georgia. 2 00928327-3 5. Nothing in this Agreement shall be construed to rescind or modify the Company’s easement or ownership rights as set forth in the deed from Company to Sponsor relating to the Berckmans Road project dated May 28, 2015. BERCKMAN RESIDENTIAL PROPERTIES, LLC By:______________________________ Walton L. Johnson Its: Director and Manager AUGUSTA, GEORGIA By:______________________________ Hardie Davis, Jr., as its Mayor Attest: By:__________________________ Clerk of Commission SEAL: 3 00928327-3 Engineering Services Committee Meeting 3/8/2016 1:20 PM Motion to Approve Beautification Agreement and Art The Box Agreement for New Berckmans Road Department:Engineering Presenter:Abie Ladson Caption:Motion to approve Beautification Agreement and Art The Box Agreement for New Berckmans Road. Background:The new Berckmans Road opened to the public on February 29, 2016. In accordance with Augusta's Beautification Program, Berckman Residential Properties, LLC (owner of the private property on either side of Berckmans Road) has agreed to landscape and maintain Augusta's property on either side of Berckmans Road between Washington Road and Wicklow Drive. Berckman Residential Properties, LLC has also agreed to paint the traffic control boxes within that same area consistent with Augusta's Art The Box Program. Analysis: Financial Impact:Financial benefit to Augusta as it will no longer have to landscape and maintain this property. Alternatives:Deny Recommendation:Admit Funds are Available in the Following Accounts: None needed. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Invitation to Bid Sealed bids will be received at this office on Tuesday, December 1, 2015 @ 3:00 p.m. for furnishing: Bid Item #15-237 Municipal Building Off Street Parking for Engineering Department Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 706-821-2422 Bid documents may be examined at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. Plans and specifications for the project shall be obtained by all prime, subcontractors and suppliers exclusively from ARC Southern. The fees for the plans and specifications which are non-refundable are $35.00. It is the wish of the Owner that all businesses are given the opportunity to submit on this project. To facilitate this policy the Owner is providing the opportunity to view plans online (www.e-arc.com) at no charge through ARC Southern (706 821-0405) beginning Thursday, October 15, 2015. Bidders are cautioned that submitting a package without Procurement of a complete set are likely to overlook issues of construction phasing, delivery of goods or services, or coordination with other work that is material to the successful completion of the project. Bidders are cautioned that acquisition of documents through any other source is not advisable. Acquisition of documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. A Mandatory Pre Bid Conference will be held on Tuesday, November 10, 2015, @ 10:00 a.m. in the Procurement Department, 535 Telfair Street, Room 605. All questions must be submitted in writing by fax to 706-821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Thursday, November 12, 2015 @ 5:00 p.m. No bid will be accepted by fax, all must be received by mail or hand delivered. No Bid may be withdrawn for a period of 60 days after time has been called on the date of opening. A 5% Bid bond is required to be submitted along with the bidders’ qualifications; a 100% performance bond and a 100% payment bond will be required for award. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. GERI A. SAMS, Procurement Director Augusta Chronicle October 15, 22, 29, November 5, 2015 Metro Courier October 21, 2015 Revised: 1/12/2015 UNOFFICIAL VENDORS BLAIR CONSTRUCTION PO BOX 770 EVANS, GA 30809 REEVES CONSTRUCTION 1 APAC INDUSTRIAL WAY AUGUSTA, GA 30907 Attachment "B"Yes Yes E-Verify #224004 48048 Addendum 1 and 2 Yes Yes SAVE Form Yes Yes Bid Bond 5%Yes Yes BASE BID TOTAL $127,008.00 $199,412.00 Bid Opening Bid Item #15-237 Municipal Building Off Street Parking for Augusta, Georgia - Engineering Department Bid Due: Tuesday, December 15, 2015 @ 3:00 p.m. Total Number Specifications Mailed Out: Total Number Specifications Download (Demandstar): 109 Total Electronic Notifications (Demandstar): 6 Mandatory Pre-Bid/Telephone Conference: 4 Total packages submitted: 2 Total Noncompliant: 0 The following vendors did not respond: C & H PAVING INC. / 167 KNOX RIVERS ROAD / THOMSON, GA / 30824 JHC CORPORATION / 1029 N PEACHTREE PKWY # 359 / PEACHTREE CITY, GA 30269 Page 1 of 1 -J37 C NGINE ERING DEPARTMENT Abie L. Ladson, P.E., CPESC, Director of Engineering MEMORANDUM TO: FROM: DATE: SUBJECT: Ms. Geri Sams, Director Procurement Abie L. Ladson, P.E., CPESC, Director Tuesday, February L5, 20L6 Municipal Building (Off-Street Parking) Project #: XXX-XX-XXXX File Reference: 16 - OL4 Ms. Sams, it Construction Should you 5O4O|5O7O. Thonking you in odvonce. ALL|scm Attachment(s) CC: is the recommendation of AED to award the subject Construction Contract to Blair in the amount of 5127,008. require additional information, please do not hesitate to contact me at ext P hyllis J oh nson, P rocu rement Com plia nce Officer Hameed Malik, Ph.D., PE, Assistant Director - AED Valerie R. Jenkins, Department Accountant File Augusta Engineering Administration - Traffic Engineering Division 507 Telfair Street - August4 Georgia 30901 Phone:(706)82i,;.'"1.i-1;,i$.f,l6)821'1724 Engineering Services Committee Meeting 3/8/2016 1:20 PM Municipal Building Off Street Parking - Contract Award Department:Engineering Department Presenter:Abie L. Ladson, Director Caption:Approve award of Construction Contract to Blair Construction in the amount of $127,008 for the Municipal Building Off Street Parking Project. Award is contingent upon receipt of signed contracts and proper bonds as requested by AED. (Bid Item 15- 237) Background:The Municipal Building Off Street Parking project is an extension of the Municipal Building Improvement Project. Currently, the existing parking area is need of repair. Improvements include demolition of curbing, seal coating, striping, landscaping, and curb cuts for wheelchair ramps Analysis:Bids were received on December 15, 2015 with Blair Construction being the low bidder. The bid results are as follow: CONTRACTORS BID 1. Blair Construction $127,008.00 2. Reeves Construction $199,412.00 It is the recommendation of the Engineering Department to award this project to Blair Construction. CONTRACTORS BID 1. Blair Construction $127,008.00 2. Reeves Construction $199,412.00 It is the recommendation of the Engineering Department to award this project to Blair Construction. Financial Impact:Funds are available in account number 328-051120-212055101. Alternatives:1) Approve award of Construction Contract to Blair Construction in the amount of $127,008 for the Municipal Building Off Street Parking Project. Award is contingent upon receipt of signed contracts and proper bonds as requested by AED. 2). Do not approve and cancel the project. Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: 328-051120-212055101 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Request for Proposal Request for Proposals will be received at this office until Friday, July 24, 2015 @ 11:00 a.m. for furnishing: RFP Item #15-190 Janitorial Services for Utilities Department RFPs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 RFP documents may be viewed on the Augusta Georgia web site under the Procurement Department ARCbid. RFP documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. 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, July 10, 2015, @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. No RFP may be withdrawn for a period of 90 days after time has been called on the date of opening. Request for proposals (RFP) and specifications. An RFP shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the request for proposal including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not 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 RFP number on the outside of the envelope. Proponents are cautioned that acquisition of RFP documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RFP documents from unauthorized sources places the proponent at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle June 18, 25, July 2, 9, 2015 Metro Courier June 24, 2015 Revised: 1/12/2015 VENDORS Attachment B Addendum #1 E-Verify # SAVE Form Fee Proposal Original 7 Copies RICK'S CLEANING SERVICE LLC 3188 LEXINGTON WAY AUGUSTA GA 30909 YES YES 701238 YES YES YES YES G & C CLEANING 1718 FAIRWOOD DRIVE AUGUSTA, GA 30909 non- compliant non- compliant 823757 YES YES YES non- compliant IMAGANN CLEANING SERVICES, INC 2640 LITHONIA IND. BLVD LITHONIA, GA 30058 YES YES 639910 YES YES YES YES CSRA CUSTODIAN SPECIALIST 2709 OAKLAND AVENUE AUGUSTA, GA 30909 YES YES 257624 YES YES YES YES EXECUTIVE JANITORIAL SERVICES 3070 DAMASCUS ROAD SUITE "F' AUGUSTA GA 30909 YES YES 240034 YES YES YES YES SCRUBBING BUDDIES 2101 TROTTERS WAY, AUGUSTA, GA 30906 YES YES 894990 YES YES YES YES IMMACULATE CLEANING 2008 HOPETOWN DRIVE AUGUSTA, GA 30904 YES YES 570929 YES YES YES YES EASTER SEAL EAST, GA INC., 1500 WRIGHTSBORO RD AUGUSTA GA 30904 YES YES 176277 YES YES YES YES M & M MANAGEMENT 3114 AUGUSTA TECH DRIVE, SUITE 403 AUGUSTA GA 30906 YES YES 172034 YES YES YES YES SMILE CLEANING 2230 RALEIGH DRIVE, AUGUSTA, GA 30904 YES YES 509925 YES YES YES YES CSRA BIO-CARE LLC 1003 GRINDSTONE CREEK HEPHZIBAH GA 30815 YES YES 494989 YES YES YES YES DIAMOND SHINE SERVICES 2208 SUNNY DAY DR. HEPZIBAH, GA 30815 YES non- compliant 895220 YES YES YES YES Proposal Opening RFP Item #15-190 Janitorial Services for Augusta, Georgia - Utilities Department RFP Due: Friday, July 24, 2015 @ 11:00 a.m. Total Number Specifications Mailed Out: 35 Total Number Specifications Download (Demandstar): Total Electronic Notifications (Demandstar): Mandatory Pre-proposal/Telephone Conference Attendees: NOT APPLICABLE Total packages submitted: Total Noncompliant: Page 1 of 1 AMERICAN FACILITY SERVICES ATTN: MALCOLM HAMMONDS 1325 UNION HILL INDUSTRIAL COURT SUITE A ALPHARETTA GA 30004 BIG HEAD FLOOR MASTERS ATTN: DONNIE BOONE 4321 PARKWOOD DRIVE AUGUSTA GA 30906 CSRA BIO-CARE LLC 1003 GRINDSTONE CREEK HEPHZIBAH GA 30815 EASTER SEALS ATTN: LYNN SMITH 1500 WRIGHTSBORO RD AUGUSTA GA 30904 EXECUTIVE CLEANING INC PO BOX 1375 MILLEDGEVILLE GA 31061 EXECUTIVE JANITORIAL SERVICES ATTN: MICHAEL JACOBS 3070 DAMASCUS RD AUGUSTA GA 30909 IMMACULATE CLEANING ATTN: JAMES ALEXANDER 2008 HOPETOWN DRIVE AUGUSTA GA 30909 RICK'S CLEANING SERVICE LLC ATTN: RICK JONES 3188 LEXINGTON WAY AUGUSTA GA 30909 M & M MANAGEMENT ATTN: JIM NICHOLSON THOMAS WILLIAMS 3114 AUGUSTA TECH DR AUGUSTA GA 30906 SMILE CLEANING PO BOX 2951 AUGUSTA GA 30914 DIAMOND SHINE SERVICE ATTN:CHELSA SIMS & RAUL CONCEPCION 2208 SUNNY DAY DRIVE HEPHZIBAH, GA 30815 PIIP INC ATTN: JEFF MOFFETT 2522 PATE AVENUE AUGUSTA, GA 30906 DAGGETT JANITORIAL SERVICES ATTN: ANITA DAGGETT 816 RUSSELL STREET AUGUSTA, GA 30901 RETURNED MAIL FLORIDA CLEANING SYSTEMS, INC 624 DOUGLAS AVE # 1420, ALTAMONTE SPRINGS, FL 32714 GATOR SHINE JANITORIAL SERVICES, LLC 21674 NW 58TH CT, MICANOPY, FL, 32667. GMI GROUP, INC 470 SATELLITE BLVD # R, SUWANEE, GA 30024 IMAGANN CLEANING SERVICES, INC 2640 LITHONIA IND. BLVD LITHONIA, GA 30058 OWENS, RENZ & LEE COMPANY, INC 1646 33RD STREET - SUITE 301, ORLANDO, FLORIDA 32839 TRIANGLE SERVICE INC 6900-29 DANIELS PKWY PMB 116 FORT MYERS, FL 33912 TRIBOND, LLC 1239 CABOT'S DR, AUBURN, GA 30011 SIZEMORE, INC ATTN LEO LIBBEY 2116 WALTON WAY AUGUSTA,GA 30904 THE ULTIMATE MAID ATTN: LEON MABEN 1306 11TH STREET AUGUSTA, GA 30901 MODERN FACILITIES SERVICES ATTN: EVETTE BOREK 733 RIDGEDALE AVENUE EAST HANOVER, NJ 07936 HILLCO CLEANING ATTN: RONALD C. HILL 2051 LAKE FOREST DRIVE GROVETOWN, GA 30813 KEECLEAN MANAGEMENT INC 3379 PEACHTREE ROAD NE, ATLANTA, GA 30326 RETURNED MAIL PREMIERE BUILDING MAINTENANCE CORP. 1416 MCCALLA AVENUE, KNOXVILLE, TENNESSEE 37915 JAN-PRO CLEANING ATTN: NICOLE HAYES 211 PITCARIN WAY, AUGUSTA, GA 30809 B & B ENTERPRISE ATTN: GREGORY BATES 2033 BREEZE HILL DRIVE AUGUSTA. GA 30906 FRIENDS INC ATTN: JESSICA SCARBOROUGH CRYSTAL TYRELL PO BOX 1972 HWY 88 HEPHZIBAH, GA 30815 RFP ITEM #15-190 PG 1 OF 2 EXECUTIVE CLEANING SERVICE ATTN:JOHHNY HEETOR 680 HAMMOCK RD NW MILLEDGEVILLE, GA 31061 RETURNED MAIL 3140 Augusta Tech Drive, Augusta, GA 30906 CEOCLEANING ATTN: VALERIE WIGGINS 2108 MONCRIEFF STREET AUGUSTA, GA 30906 WADE WALKER CSRA CUSTODIAL SPECIALISTS 2709 OAKLAND AVENUE AUGUSTA, GA 30909 YVONNE GENTRY LSBOP TOM WIEDMEIER UTILITIES BAY STREET TERENCE WALKER UTILITIES BAY STREET HAZEL , ELLIE UTILITIES BAY STREET RFP ITEM #15-190 JANITORIAL SERVICES FOR UTILITIES DEPARTMENT BID DUE: FRI., JULY 24, 2015 @ 11A.M. RFP ITEM #15-190 JANITORIAL SERVICES FOR UTILITIES DEPARTMENT MAILED: JUNE 18, 2015 RFP ITEM #15-190 PG 2 OF 2 Engineering Services Committee Meeting 3/8/2016 1:20 PM Office Janitorial Services for Utilities Department:Utilities Presenter:Tom Wiedmeier Caption:Request approval for RFP # 15-190 for Office Janitorial Services for Utilities. Background:The Utilities Department submitted a RFP for the Janitorial Services for four of the AUD locations: the Construction &Maintenance Building at 1840 Wylds Rd., the Metering Division Building at 1832 Wylds Rd., the Fort Gordon Admin Bldg. #200 and the Irrigation Plant Bldg. #205 at Fort Gordon. A committee of AUD employees reviewed the ten RFPs submitted. The committee was advised by the Procurement Department to score each company based on the following criteria: Company Experience (up to 35 points), Relevant Projects (up to 25 points), Personnel (up to 20 points), references (up to 10 points), Proximity to Area (up to 5 points) and Proposed Fee (up to 5 points-5 for lowest, etc). Analysis:Based on these criteria, the committee scored each of the ten companies before the cost for the service was opened by the Procurement Department Staff. Smile Cleaning received the highest score based on their experience, relevant projects, personnel and references. They were not the lowest in cost, but their annual cost was average among the RFPs. We would like to award the RFP to Smile Cleaning for the Janitorial Services for 2016 and 2017. Funds are available in the budget for each Division to cover the custodial costs. Financial Impact:The staff of the Utilities Department has completed evaluation of the RFP package and it is recommended that the award go to Smile Cleaning for the annual cost of $53,382.00 for all the offices. Alternatives:Recompete the contract Recommendation:Approve RFP # 15-190 for Office Janitorial Services for Utilities for a total annual cost of $53,382.00 Funds are Available in the Following Accounts: Funds The funds are available from the following accounts: 506043410-5222310 - 20,520.00 Construction & Maintenance 506043210-5222310 - 15,480.00 Customer Serv., Metering Division 506043430-5222310 - 12,360.00 Fort Gordon, Admin Bldg #200 506043430-5222310 - 5,022.00 Fort Gordon, Irrigation Plant $ 53,382.00 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Engineering Services Committee Meeting 3/8/2016 1:20 PM Storm Water Credit Manual Department: Presenter: Caption:Present for review and approval the Storm Water Credit Manual and merge the Storm Water Credit Manual into the Storm Water Standard Operating Procedures Manual. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: