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Home My WebLink About2016-07-12-Meeting Minutes Engineering Services Committee Meeting Commission Chamber - 7/12/2016 ATTENDANCE: Present: Hons. Fennoy, Chairman; Hasan, Vice Chairman; Smith and Guilfoyle, members. Absent: Hon. Hardie Davis, Jr., Mayor. ENGINEERING SERVICES 1. Consider award of Bid #16-127 for the Construction of Augusta Canal Embankment Repair and Water Line Improvements adjacent to Butt Bridge to Blair Construction, Inc. 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 2. Consider proposal from Cranston Engineering Group, P.C. to provide engineering services to design the Augusta Corporate Park Utility Extension. 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 3. Approve entering into a Mowing and Maintenance Agreement as well as an Indemnity Agreement with the Georgia Department of Transportation in conjunction with Sandbar Ferry Beauty Spot Project as requested by AED. (Referred from June 30 Commission meeting) Item Action: Rescheduled Motions Motion Type Motion Text Made By Seconded By Motion Result Defer Motion to refer this item to the next committee meeting. Mr. Hasan out. Motion Passes 3-0. Commissioner Wayne Guilfoyle Commissioner Grady Smith Passes 4. Approve entering into a Transportation Enhancement (TE) Agreement, a Mowing and Maintenance Agreement and an Indemnity Agreement with the Georgia Department of Transportation in conjunction with the Augusta Entryway and Corridor Master Design Project as requested by AED. (Referred from June 30 Commission meeting) Item Action: Rescheduled Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to refer this item to the next committee meeting. Mr. Hasan out. Motion Passes 3-0. Commissioner Wayne Guilfoyle Commissioner Grady Smith Passes 5. Consider approving the CSX General Crossing Agreement for Augusta, Georgia. 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 6. Approve Capital Project Budget 324-041110-201824110 and Change Order One in the amount of $88,393.25 for R.J. Haynie and Associates for the Downtown Signal and Streetlight Improvements project as requested by AED/TE. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Motion to approve. Approve Mr. Hasan out. Motion Passes 3-0. Commissioner Grady Smith Commissioner Wayne Guilfoyle Passes 7. Motion to approve entering into a Funding Agreement with the United States Department of Interior US Geological Survey (USGS) for Establishing and Operating a Discharge Gage on the Savannah River at a location in Vicinity of Augusta Downtown as requested by AED. 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 8. Consider a request from Ms. Josephine Green regarding the relocation of parking lines in front of the property located at 311 East Boundary. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve tasking the Engineering Department to meet with the Sheriff's Department and Ms. Green to develop a resolution to the parking situation in front of her property. Motion Passes 4-0. Commissioner Ben Hasan Commissioner Grady Smith Passes 9. Motion to approve the minutes of the Engineering Services Committee held on June 14, 2016. 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 10. Motion to determine that Spellman Street and Goss Lane, as shown on the Item attached plat has ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the best public interest, and to receive as information the results of the public hearing pursuant to O.C.G.A. §32-7-2, with the abandoned property to be quit-claimed to the appropriate party(ies), as provided by law and an easement to be retained over the entire abandoned portion for existing or future utilities as directed by Augusta Engineering, Utilities and Law Departments and right of way property needs. Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Grady Smith Commissioner Ben Hasan Passes 11. Consider award for Professional Services for 2014 CIP Bond Project Stormwater Removal from Sanitary Sewer System Projects to Goodwyn Mills & Cawood, Inc. (GMC) in an amount not to exceed $268,355.00 in two phases. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve the award. Mr. Hasan out. Motion Passes 3-0. Commissioner Grady Smith Commissioner Wayne Guilfoyle Passes 12. Consider approving a Deed of Dedication and Maintenance Agreement with Bright-Meyers Windsor Springs, LLC, for the Walmart Neighborhood Market. 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 13. Motion to approve entering into a Project Framework Agreement with the Georgia Department of Transportation for the Wheeler Road from I-20 to Item Action: www.augustaga.gov Augusta West Parkway Improvements Project (PI #0012867) as requested by AED. 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 14. Motion to approve entering into a Project Framework Agreement with the Georgia Department of Transportation for the Willis Foreman Road Improvements Project (Deans Bridge Road to Peach Orchard Road) (PI #0013703) as requested by AED. 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 Engineering Services Committee Meeting 7/12/2016 1:10 PM Attendance 7/12/16 Department: Presenter: Caption: Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: R 0 I A UTILITIES DEPARTMENT June 8, 2016 Mr. William Mutimer Blair Construction P.O. Box 770 Evans, GA 30809 Tom Wfedmeler, P.E. Deanna Davis, P.E. Di reel or Assistant Director Re: Bid 16-127, Augusta Canal Embankment and Water Line Improvement Adjacent to Butt Bridge Update to Project Scope Dear Mr. Mutimer: This letter serves as record of our phone conversation of May 19, 2016 regarding the Augusta Canal Embankment and Water Line Improvement Adjacent to Butt Bridge Project. As you are aware the depar1ment would like to adjust the overall scope oft he project as it was bid on January 28, 2016. hem A, entitled Embankment Repair, is still to take place per the plans and project specifications. Due to changes in the Butt Bridge Rehabilitation Project by others this department will no longer be pursuing work efforts under Item B; Utilities Improvements. Please provide confirmation to this department that Blair Construction is still willing to honor the pricing and desires lo participate in the construction of Item A only, by Wednesday, June 15, 2016. Acknowledgment response found below can be faxed to 706-312-4133. D Blair Construction ACCEPTS these changes as proposed. Blair Construction DECLINES these changes as proposed. yjce '----:j:>>Y",, /k.,,-'f- Signature of Blair Representative Title of Blair Representative Englnffrlng Division 360 Bay Street, Suite 180 · Augusle, GA 30901 (706) 312-4132 -Fax (706) 312-4133 WWW.AUGUSTAGA.GOV UTILITIES DEPARTMENT Tom Wff'dmeler, P.E. Deanna Davis, P.E. DirtXtor Assis1ant Director The City of Augusta appreciates the working relationship we have with Blair Construction and looks forward to our continued successes. Respectfully, AUGUSTA UTILITIES DEPARTMENT .--.---' ' 1--...-P.W~ Tom Wiedmeier, P.E. Director AUGUSTA PROCUREMENT DEPARTMENT M~~~ Geri Sams ,</<-<.) Director cc: Ms. Deanna Davis, P.E .. Asst. Ojrttlor of Engineering Englnterlng Division 360 Bay Stree1, Suilc 180-Augusia, GA 30901 (706) 312-4132 -Fax (706) 312-4133 WWW.AUGUSTAGA.GOV • BID TABULATION 2012·0374 AUGUSTA CANAL EMBANKMENT REPAIR AND WATER LINE IMPROVEMENTS NEAR BUTT BRIDGE ITEM NO. DESCBI PTIOI!. OLJANJITY. IJN!I A EMBANKMENT RF.PAIR I. DemoJilion, Clearing and Grubbing Lump Sum 2. Excavalion & Removal of Exisfing Embankment {2. JJl C. Y. Estimated} Lump Sum 3. Earth Fill, C-Ompactcd In Place (2,952 C. Y. l;stimatcd) Lump Sum 4. Temporary Access Lump Sum S. Concrete Sidewalk 883 S.Y. 6. Grass ~fatting Blanket, Including Grass Seed 1,367 S.Y. 7. Grassing Lump Sum 8. Construc1ion Exits 2 B.A. 9. Silt Fence, Type C, fnstaJJcd and Removed After Con.1.1ruction 2,330 L.F. JO •Lump Sum Construction Lun1pSum EMBANKM£NT REPAIR TOTAL BLAIR CONSTRUCTION, INC. UNIT PRICE TOTAJ,COST $14,380.00 $14,380.00 $76.661.64 $76.661.64 $81,447.52 $81,447.52 $9,112.SO $9,112.SO $62.07 $54,807.81 $7.89 SI0.785.63 $1,579.50 $1,579.50 Sl,944.00 $3,888.00 S5.46 $12,721.80 $25,132.27 $25,132.27 $290,516.67 •NOTE: LUMP SUM CONSTRUCTION INCLllDES Al,L ITEMS NOT HAVING AN INDIVIDUAL BID ITEM, INCLUDING, BUI NOT LIMIJ[O TO, MOBILIZATION, PEDESTRIAN TRAFFIC CONTROL, CONSTRUCTION LAYOUT, AND PROPERTY RESTORATION. B. UTILITIES IMfROYEMENIS UNIT PRICE TOTAL COST \\'.2A Water Main, 12 Inch RJDIP ISO U'. $116.20 $17,430.00 \V--4 Miscellaneous Pipe Fitlfngs 2,645 LBS $3.85 $10,)83.25 \V~S fire Hydranl, Complete with VaJves, Fittings and Connector Pipe I E.A. SS,694,70 $5,694.70 W-7A Gale Valve, 12 l11<h 2 E.A. W-14A 2 Jnch Shon Side WatcrScrvh:c for Testing Purposes 2 E.A. W-16 Tie to Existing Waler Main 2 E.A. W-2 I I 2 Inch WlPll Dlrecllonal Drill 405 L.F. LS·J ••Lump Sum Conslructlon Lump Sum UTILITIES TOTAL GRAND TOTAL $2,549.07 $5,098.14 $2,013.86 $4,027.'12 $4,222.12 $8,444.24 $113.32 $45,894.60 $7,722.54 $1,722.S4 5104,495.19 $395,011.86 " NOTE: LUMP SUM CONSTRUCTION INCLUDES ALL ITEMS NOT HAVING AN INDIVIDUAL BID ITEM, INCLUDING, BUT NOT LIMITED TO DEMOLITION, CLEARING AND GRUBBING, EROSION CONTROL MEASURES, FENCE REMOVAL AND REPLACEMENT, TEMPORARY AND PERMANENT GRASSING, MOBILIZATION, PEDESTRL\N TRAFFIC CONTROL, CONSTRUCTION LAYOUT, AND PROPERTY RESTORATION. • Invitation to Bid Sealed bids will be received at this office on Tuesday, January 26, 2016 @ 3:00 p.m. for furnishing: Bid Item #16-127 Augusta Canal Embankment Repair and Water line Improvements Adjacent to Butt Bridge – Augusta Utilities Department Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 706-821-2422 Bid documents may be examined at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. Plans and specifications for the project shall be obtained by all prime, subcontractors and suppliers exclusively from Augusta Blue Print. The fees for the plans and specifications which are non-refundable is $40.00. It is the wish of the Owner that all businesses are given the opportunity to submit on this project. To facilitate this policy the Owner is providing the opportunity to view plans online (www.augustablue.com) at no charge through Augusta Blue Print (706 722-6488) beginning Thursday, December 17, 2015. Bidders are cautioned that submitting a package without Procurement of a complete set are likely to overlook issues of construction phasing, delivery of goods or services, or coordination with other work that is material to the successful completion of the project. Bidders are cautioned that acquisition of documents through any other source is not advisable. Acquisition of documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. A Mandatory Pre Bid Conference will be held on Friday, January 8, 2016, @ 10:00 a.m. in the Procurement Department, 535 Telfair Street, Room 605. A mandatory site visit will follow. All questions must be submitted in writing by fax to 706-821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Tuesday, January 12, 2016 @ 5:00 p.m. No bid will be accepted by fax, all must be received by mail or hand delivered. No Bid may be withdrawn for a period of 60 days after time has been called on the date of opening. A 10% Bid bond is required to be submitted along with the bidders’ qualifications; a 100% performance bond and a 100% payment bond will be required for award. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. GERI A. SAMS, Procurement Director Augusta Chronicle December 17, 24, 31, 2015 January 7, 2016 Metro Courier December 23, 2015 Revised: 1/12/2015 Bid Item #16-127 Augusta Canal Embankment Repair and Water line Improvements Adjacent to Butt Bridge for Augusta, Georgia - Utilities Department Bid Due: Thursday, January 28, 2016 @ 11:00 a.m. Vendors Blair Construction P. O. Box 770 Evans, GA 30809 Attachment B Yes E-Verify #224004 SAVE Form Yes Bid Bond Yes Bid Price $395,011.86 Total Number Specifications Mailed Out: 43 Total Number Specifications Download (Demandstar): Total Electronic Notifications (Demandstar): Mandatory Pre-Bid Conference: 8 Total packages submitted: 1 Total Noncompliant: 0 Page 1 of 1 Engineering Services Committee Meeting 7/12/2016 1:10 PM Augusta Canal Embankment Repair and Water Line Improvements Adjacent to Butt Bridge Department:Utilities Presenter:Tom Wiedmeier Caption:Consider award of Bid #16-127 for the Construction of Augusta Canal Embankment Repair and Water Line Improvements adjacent to Butt Bridge to Blair Construction, Inc. Background:This Project will repair the canal embankment adjacent to Butt Bridge to stabilize the embankment slope and was originally bid to include a separate waterline replacement that is currently attached to Butt Bridge. After bidding it was determined AUD would be allowed to leave said waterline on bridge hence project is only for the canal embankment repair adjacent to Butt Bridge. Analysis:Augusta Utilities Department has reviewed the bid submitted by Blair Construction, Inc. and the recommendation letter from Cranston Engineering Group, P.C. for the project. The bid for construction services was deemed to be fair and reasonable by Augusta Utilities Department. Blair has also stated their willingness to provide services for the embankment repair alone per their submitted bid. Financial Impact:We have reviewed the bid from Blair Construction, Inc. and find it to be reasonable. Funding for the embankment repair in the amount of $290,516.67 is available from accounts: 514043410- 5425110 / 81600040-5425110 Alternatives:No alternatives are recommended. Recommendation:Augusta Utilities Department recommends the Commission approve the Construction Services to Blair Construction, Inc. in the amount of $290,516.67 for the Augusta Canal Embankment Repair and Water Line Improvements Adjacent to Butt Bridge. Funds are Available in the Following Accounts: Funds are available in the following accounts: 514043410- 5425110 / 81600040-5425110 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Augusta Corporate Park Vicinity Map Augusta Information Technology - GIS Division, Augusta, GAAugusta GA GIS June 14, 2016 0241mi 03.571.75 km 1:126,720 to-date, Augusta does not certify the authenticity or accuracy of such information. No warranties, express or implied, are provided for the records and/or mapping data herein, or for their use or interpretation by the User. ˒ Augusta Corporate Park Bush Field FA C S I M I L E 7 0 6 - 7 2 2 - 8 3 7 9 EN G I N E E R S - P L A N N E R S - S U R V E Y O R S 45 2 E L L I S S T R E E T , A U G U S T A , G E O R G I A 3 0 9 0 1 Cr a n s t o n E n g i n e e r i n g G r o u p , P . C . ma i l @ c r a n s t o n e n g i n e e r i n g . c o m TE L E P H ONE 7 0 6 - 7 2 2 - 1 5 8 8 POS T O F F I C E B O X 2 5 4 6 , A U G U S T A , G E O R G I A 3 0 9 0 3 PRELIMINARYNOT FOR CONSTRUCTION 02 Augus t a C o r p o r a t e P a r k - U t i l i t y Ext e n s i o n Pro jec t O v e r v i e w A n d S u m m a r y Horseshoe RdHorseshoeRd SR 5 6 / M i k e P a d g e t H i g h w a y y wa ig h e P a d g e t H Mi k 6/ M SR P r o p o s e d V a l e n c i a W a y E x t e n s i o n Existing Valencia Waya Engineering Services Committee Meeting 7/12/2016 1:10 PM Augusta Corporate Park Utility Extension. Department:Utilities Presenter:Tom Wiedmeier Caption:Consider proposal from Cranston Engineering Group, P.C. to provide engineering services to design the Augusta Corporate Park Utility Extension. Background:Augusta Corporate Park infrastructure is being expanded for industrial development, such as the planned EdenCrete facilities. As part of the expansion, the Utilities Department will construct new water and sanitary sewer mains. Cranston Engineering prepared the grant application and Preliminary Engineering Report analysis of the proposed water and sanitary sewer utilities. Cranston Engineering is also designing the roadway for the Augusta Economic Development Authority. Analysis:Based upon their project knowledge and qualifications as preapproved consultants under RFQ #13-124, Engineering Consultant Services for Utilities, the Utilities Department recommends Cranston Engineering design the water and sewer utilities for the Augusta Corporate Park as detailed in their proposal. Financial Impact:Cranston Engineering submitted a proposal fee in the amount of $83,459.00. Funds are available from the following account: 514043490-5212115 / 81600030-5212115. Alternatives:No alternatives are recommended. Recommendation:We recommend approval for Cranston Engineering to perform engineering services to design the Augusta Corporate Park Utility Extension for the proposed fee of $83,459.00. Funds are Available in the Following Funds are Available in the Following Accounts: 514043490- Accounts:5212115 / 81600030-5212115. REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Engineering Services Committee Meeting 7/12/2016 1:10 PM Augusta Entryway & Beautification Program) (Sandbar Ferry Beauty Spot) Mowing and Maintenance Agreement and Indemnity Agreement Department:Engineering Presenter:Abie L. Ladson - Director Caption:Approve entering into a Mowing and Maintenance Agreement as well as an Indemnity Agreement with the Georgia Department of Transportation in conjunction with Sandbar Ferry Beauty Spot Project as requested by AED. (Referred from June 30 Commission meeting) Background:Currently, there is a proposed project by the Augusta Beautification Program to landscape and maintain selected area of Sandbar Ferry Road. This project includes landscape and irrigation on the shoulder of Sandbar Ferry Road at the existing welcome to Augusta sign. Landscape material includes sod, flowering shrubs, and ornamental trees. The improvements will enhance the corridor and the existing Welcome sign. Irrigation will be controlled by a new Calsense irrigation controller. Under a separate agreement, the Augusta Beautification Program provides the maintenance of the median/entry way, for landscaping projects along State Routes, Georgia DOT requires that the local government enter into a mowing and maintenance agreement, irrespective of funding source. Moreover, since the proposed project will include irrigation system, Georgia DOT requires an indemnity agreement to be executed as well. Analysis:Agreement would allow the beautification project to move forward. Financial Impact:None anticipated. Alternatives:1). Approve entering into a Mowing and Maintenance Agreement as well as an indemnity Agreement with the Georgia Department of Transportation in Conjunction with Sandbar Ferry Beauty Spot Project (Augusta Entryway & Corridor Beautification Program) as requested by AED. 2). Do not approve. Recommendation:Approve alternative one Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Engineering Services Committee Meeting 7/12/2016 1:10 PM Augusta Entryway & Corridor Master Design (Riverwatch Entry Way) Transportation Enhancement (TE) Agreement, Mowing and Maintenance Agreement, Indemnity Agreement Department:Engineering Presenter:Abie L. Ladson - Director Caption:Approve entering into a Transportation Enhancement (TE) Agreement, a Mowing and Maintenance Agreement and an Indemnity Agreement with the Georgia Department of Transportation in conjunction with the Augusta Entryway and Corridor Master Design Project as requested by AED. (Referred from June 30 Commission meeting) Background:Currently, there is a proposed project by the Augusta Beautification Program to landscape and maintain selected areas of Riverwatch Entryway. This project will involve the installation of native and adapted landscape material and irrigation to emphasize and beautify the existing “Welcome to Augusta” sign. Landscaping will include trees, shrubs, groundcovers, and turf on both shoulders within the current GDOT right of way along Riverwatch Parkway (SR 104) from the I-20 Eastbound on/off ramp to Alexander Drive. Under a separate agreement, the Augusta Beautification program provides transportation enhancement activities, and the maintenance of the median/entry way, for landscaping projects along state routes, Georgia DOT requires that the local government enter into a Mowing and Maintenance Agreement, irrespective of funding source. Moreover, since the proposed project will include irrigation system, Georgia DOT requires an indemnity agreement to be executed as well. Analysis:Agreement would allow the beautification project to move forward. Financial Impact:None anticipated. Alternatives:1). Approve entering into a Transportation Enhancement (TE) Agreement, Mowing and Maintenance Agreement as well as an indemnity Agreement with the Georgia Department of Transportation in Conjunction with Augusta Entryway and Corridor Master Design Project as requested by AED. 2). Do not approve. Recommendation:Approve alternative 1 Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Agreement No.: CSX- Page: 1 GENERAL CROSSING AGREEMENT (Wireline/Pipeline) This Agreement made as of , by and between CSX TRANSPORTATION, INC., a Virginia corporation (hereinafter sometimes called "Licensor"), whose mailing address is 500 Water Street, J180, Jacksonville, Florida 32202 and AUGUSTA, GEORGIA, a political subdivision established uner the laws of the State of Georgia, whose mailing address is 535 Telfair Street, Augusta, Georgia 30901, (hereinafter called "Licensee"), WITNESSETH: WHEREAS, Licensee desires the future right to construct, maintain and operate additional crossings over, under and/or across the Rail Corridor of Licensor; and WHEREAS, for the protection of the property and rights of both, the parties hereto agree to enter into this Agreement with respect to all such additional crossing. NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein contained, it is agreed as follows: 1. LICENSE GRANT 1.1 Licensor, insofar as it has the legal right, power and authority to do so; its present title permits, and subject to: (a) the limitations in Article 4 hereof; (b) all existing encumbrances, conditions, covenants, easements and limitations applicable to Licensor's title to or property rights in its Rail Corridor; and (c) compliance by Licensee with terms and conditions hereinafter contained; does hereby GRANT to Licensee the permission, rights and license to utilize Licensor’s Rail Corridor as herein described. 2. USE 2.1 Subject to the Licensor’s right to continue to occupy, possess and use the area of the Crossing, as hereinafter defined, for any and all purposes, the Crossing shall be used by Licensee for the purpose of traversing the Licensor Rail Corridor, for constructing, maintaining, repairing, operating, altering and removing Licensee’s Facilities, as hereinafter defined. 2.2 Licensee shall not use, or permit use of, any Crossing, by or for any other Licensee or transmission (cable or pipe), or other party or entity, except with separate prior written consent of Licensor. 3. DEFINITIONS 3.1 The term "Licensee" herein shall mean Augusta, Georgia, any successors, assigns and subsidiaries, and shall also include Licensee's agents, employees, servants, sublicensee and invitees. 3.2 The term "Licensor" herein shall mean CSX TRANSPORTATION, INC., a Virginia corporation, and any parent company(ies), subsidiary(ies), or operating lessee and any other company(ies) whose property at any specific Crossing location may be leased to or operated by Licensor or its subsidiary or affiliated corporations. 3.3 The term “casing pipe” shall mean the outermost pipe, typically steel, installed to protect pipes, conduits, innerducts, wires and/or cables. 3.4 The term “conduit” shall mean pipe within the casing pipe, installed to hold present or future innerduct, wires and/or cables. 3.5 The term “innerduct” or “duct” herein shall mean the innermost pipe installed to hold present or future wires or cables. 3.6 The term "Crossing" herein shall mean for the following: (a) For communications, the transmission of television multiband impulse and internet services, via an optical waveguide through a solid core of glass or plastic fiber material, each individual pipe or cable ancillary facilities; and (b) which traverse in, on or through the Rail Corridor of, and under or over the tracks of Licensor, including dedicated public road rights-of-way, but excluding such "Crossing" which are part of existing or additional longitudinal or parallel occupations of such Rail Corridor. 3.7 The terms "maintain,” “repair,” “renew,” and “alter” shall mean exchanging existing materials for like materials and shall not include increasing capacity, or size of cable or wire or pipe. 3.8 The term "Rail Corridor" herein shall mean Licensor's operated rail corridor at a specific location, the width of which may vary from location to location, but never exceeding a total width of two hundred feet (200'), measured perpendicular to or at an angle transverse (35° to 145°, left or right) to the plane of Licensor's rail at the point of actual Crossing of the centerline of Licensor's track. 3.9 The term "track" herein shall mean the space between the rails and space not less than four feet outside each rail. 3.10 The term "Facilities" herein shall mean with respect to the Licensor, the track, rails, ties, ballast, signal and communication lines and structures, fiber optic cable, powerlines, drainage ditches, and other items used or useful in operation of a surface Licensor; and, with respect to the Licensee, if electrical, all conduits, manholes, handholes, ducts, connectors, poles, guys, cables, wires, optical fiber, anchors, appliances; if pipeline, all pipes, ducts, casings vents, manholes, connectors, fixtures, appliances; or any other transmission or supporting fixture, structure or ancillary facility devoted exclusively to the transmission usage of each Crossing. 3.11 The terms "satisfactory" or "satisfaction" herein shall mean written approval, by Licensor, based upon a reasonable application of established engineering and/or safety standards of Licensor's industry. 3.12 The term “Public Crossing” shall mean any crossing by Licensee within the boundaries of public streets, highways, and/or roads, as designated by the State, County or City where Licensee has the right to place its facilities. 3.13 The term “Private Crossing” shall mean any location not covered by Public Crossing. 3.14 The term “Condemned Crossing” shall mean interest or rights acquired by Licensee through the exercise of rights or remedies available under law related to condemnation or eminent domain. 3.15 The term “Service Crossing” shall mean any Private Crossing by Licensee that is installed for the sole purpose of providing service to Licensor. 3.16 The term “Pipeline”, as used herein, shall include only the pipes, casing, vents, manholes, connectors, fixtures, appliances and ancillary facilities devoted exclusively to the transmission usage as described in this Agreement within the Crossing. 3.17 The term “Contractor” shall mean Licensee’s agent, contractor, developer, and/or designees performing any of the work related the Crossing as provided in this Agreement. Prior to any work described in this Agreement is performed by Contractor, Licensee shall require Contractor to execute the and deliver to Licensor the Contractor Acceptance Form, attached to and made part of this Agreement as Schedule I, to acknowledge Contractor’s agreement to observe and abide by terms and conditions of this Agreement 4. SCOPE 4.1 This Agreement is intended to cover: (A) Existing crossings; (1) Without agreement The parties agree that Licensee may add any Existing Crossings that are not currently covered by an agreement under this Agreement for a period of 90 days after the effective date of this Agreement. Any Existing Crossing discovered after the said period will be treated as an Additional Crossing and governed by Section 4.1(B). (B) New or Additional Crossings: (1) Private Crossings (a) Licensee shall adhere to the fees as set forth in Exhibit “A”. (2) Public Crossings (a) Licensee shall adhere to the fees as set forth in Exhibit “A”. (3) Service Crossings (a) Licensee shall adhere to the fees as set forth in Exhibit “A”. 4.2 This Agreement is not intended to cover, and does not cover (a) Attachments by Licensee of any Licensee Facilities whatsoever to any bridge (including supports) or other Licensor structure; (b) The occupation of Licensor's Rail Corridor by towers, generators, repeaters, appliances or any other type of fixtures, supporting structure or ancillary facilities, unless expressly approved by Licensor; (c) Longitudinal or parallel occupations by Licensee (within 35° either direction to the plane of rail) of Rail Corridor ; (d) Crossing over Rail Corridor owned jointly by Licensor and other nonaffiliated Licensor company(ies); or (e) Crossings over Licensor's yards, shops or terminals (unless otherwise agreed in writing). (f) Crossings that would be restricted by pre-existing agreement. (g) Condemned Crossings. (h) Use of Rail Corridor for private access other than public crossings. 4.3 All occupations or crossing enumerated in Sections 4.2(a) through (h) shall be covered by separate agreement, setting forth the terms and provisions covering the same and the compensation to be paid therefore. 5. FEES 5.1 Licensee shall pay a review fee to Licensor, for each request to construct, maintain, relocate, repair, renew, alter, change and/or removal for each Crossing, (the “Review Fee”) as set forth on the Fee Schedule attached hereto as Exhibit “A”. 5.2 Licensee shall pay Licensor for each Crossing established hereafter, a one-time lump sum payment (the “License Fee”) as set forth on Exhibit A. 5.3 The Fee shall be tendered to Licensor at the time the Application for each Crossing is made. If such Application is approved, Licensor shall retain the Fee as consideration for the Crossing. If such Application is not approved, the Fee, less Licensor's the Review Fee, shall be returned to Licensee with notice of rejection. 5.4 There will be no charge for a Crossing constructed at a specific location for the sole purpose of rendering service to Licensor. 5.5 In further consideration for the license or right hereby granted, Licensee hereby agrees that Licensor shall not be charged or assessed, directly or indirectly, with any part of the cost of the installation of said Crossing and appurtenances, and/or maintenance thereof, or for any public works project of which said Crossing is a part. 6. NEW OR ADDITIONAL CROSSING 6.1 Should Licensee desire to construct any Crossing, Licensee shall make application to Licensor in writing, using the then current application form found on www.CSX.com (“Application”) accompanied by drawings showing plan view, elevations, cross sections, detail drawings and specifications as well as any other details of proposed new construction in accordance with the guidelines in the application package. 6.2. Licensor reserves the right to accept or reject any Application from the Licensee, in its sole and absolute discretion. 6.3 Licensor shall note any objection to the Application or request for modification to plans and specifications. Modifications to plans or responses to Licensor objections shall be completed by Licensee and resubmitted for approval to Licensor within fifteen (15) days after Licensee's receipt of notice, objection, request, or modification. 6.4 Approval by Licensor shall be made by execution of a supplemental letter (the supplemental letter with approved plans attached shall collectively be referred to herein as the “Supplemental Letter”). Upon return of the Supplemental Letter to Licensee, the Agreement, thereafter, shall be modified to add the Crossing. The Supplemental Letter shall be considered as being attached to and made a part of this Agreement. 7. CONSTRUCTION NOTICE 7.1 Licensee recognizes that because of Licensor’s labor and employment agreements: (a) the furnishing of any watchers or flaggers needs to be requested at least thirty (30) days for short term flaggers or forty-five (45) days for long term flaggers prior to actual work date, or such watchers/flaggers may not be available; (b) once a watcher/flagger is designated, he/she cannot be pulled from the job less than seven (7) days prior to work date, or cost thereof may be incurred by Licensee; (c) once assigned, for any period of time, such watcher/flagger must be paid for at least an eight (8) hour shift, regardless of lesser hours worked; and (d) if Licensee’s needs overlap ordinary shift turns (or “tricks”), Licensee may incur flagging costs for both shifts/tricks. After Licensee’s receipt of approval from Licensor for construction, maintenance, relocation, repair, renewal, alterations, change and/or removal of any Crossing, Licensee shall give notice to Licensor by completing and submitting Licensor’s Outside Party Number Request Form (Form # OP) by facsimile, to facsimile numbers: (904) 245-3692 and (904) 633-3450. Licensee may also scan and email a completed form to email address: OP_Request@csx.com. A blank form is attached and labeled as Exhibit “C”. Additional instructions and information can be obtained from Licensor's web site, via web link: https://www.csx.com/index.cfm/customers/value-added-services/property-real- estate/permitting-utility-installations-and-rights-of-entry/#scheduling in accordance with the above in advance of actual commencement of any work involving Licensor's Rail Corridor. 7.2 Notwithstanding the foregoing, in any emergency situation affecting Licensor’s operations or public health and safety, Licensee shall give telephonic notice by calling 1-800-232-0144 in advance of any work and provide written notice of the emergency within seven (7) days thereafter. The parties hereto shall cooperate to avoid any unnecessary delay in the performance of such work. 7.3 Prior to construction pursuant to or related to this Agreement, by Licensee or any agent, representative or contractor of Licensee, Licensee shall give at least seven (7) days written notice, and furnish a copy of construction plans (with elevation, details and method of construction), to any parallel or longitudinal occupier of Licensor's Rail Corridor ("Occupiers") noted in Licensor's response to Licensee's Application. Any changes, alteration, relocation or protection of wire, cable of such Occupier, necessitated by Licensee's installation or required by said Occupier, shall be performed at Licensee's expense and as negotiated between Licensee and said Occupier. 7.4 Prior to any construction, Licensee must locate and identify any existing encumbrances or Licensee lines, traversing or located in, on or immediately adjacent to the proposed Crossing, at Licensee's sole risk, and shall comply with any State "One Call" or "Call Before You Dig" requirements. 7.5 Licensee shall be solely responsible and liable for any damage to the owner of any encumbrances or Licensee lines and appurtenances thereto, resulting in any way from Licensee's exercise of rights or privileges under this Agreement. Licensee shall defend, indemnify and hold Licensor harmless from any such damage claims and any relocation or protection costs of said encumbrances or Licensee lines. 8. CONSTRUCTION SPECIFICATIONS 8.1 Licensee shall construct, repair, renew, alter, change and thereafter maintain and/or remove any Crossing at Licensee's sole cost and expense, at a time and in a manner satisfactory to Licensor, and in accordance with the design, plans, drawings and specifications approved by Licensor. All work shall be conducted in a prudent, workmanlike manner and in conformity with any applicable statutes, orders, rules, or regulations and specifications of any governmental or regulatory authority having jurisdiction over the Crossing. Notwithstanding the above, unless otherwise approved by Licensor, all design and construction shall meet or exceed Licensor’s design and construction specifications. 8.2 In the installation and/or maintenance of any Crossing, Licensee shall not use explosives of any type or perform or cause any blasting without the separate express written consent of Licensor. In the event such consent is granted, a representative will be assigned by Licensor to monitor blasting, and Licensee shall pay Licensor for the entire cost and/or expense of furnishing said monitor. 8.3 Any Crossing repairs or maintenance, whether resulting from acts of Licensee, or natural or weather events, which are necessary to protect or facilitate Licensor's use of its property, shall be made by Licensee promptly, but in no event later than thirty (30) days after receipt by Licensee of notice as to the need for such repairs or maintenance. 8.4 Licensor, in order to protect or safeguard its property, rail operations, equipment and/or employees from damage or injury, may request immediate repair or renewal of the Crossing, and if the same is not performed, may make or contract to make such repairs or renewals, at the sole risk, cost and expense of Licensee. 8.5 Wires carrying five hundred (500) volts or more of electric current over any telephone, telegraph, signal or transmission wires of Licensor, shall be erected and maintained, at least six (6) feet over and above wires of Licensor. Suitable protective devices shall be so placed to catch and support said transmission wires to prevent said transmission wires from falling across Licensor's wires or tracks. Such protective devices and the necessary supports therefor shall be erected and maintained at the sole expense of Licensee. 8.6 Any Crossing shall be constructed, maintained and operated in accordance with provisions of the current National Electrical Safety Code (NESC) and/or The American Railway Engineering and Maintenance of Way Association (AREMA), as the case may be and as amended from time to time and which are incorporated herein by reference. Notwithstanding the above, unless otherwise approved by Licensor, all design and construction shall meet or exceed Licensor’s design and construction specifications. 8.7 Neither the failure of Licensor to object to any work done, any material used, or method of construction or maintenance of a Crossing, nor any approval given or supervision exercised by Licensor, shall be construed as an admission of liability or responsibility by Licensor, or as a waiver by Licensor of any of the obligations, liability and/or responsibility of Licensee under this Agreement. 8.8 Licensee hereby agrees to reimburse Licensor any loss, cost or expense (including losses resulting from train delays and/or inability to meet train schedules) arising from any failure of Licensee to maintain or make repairs to after discovery of defect, or from improper or incomplete repairs or maintenance of Licensee's Facilities. 8.9 All work on the Crossing shall be conducted in accordance with Licensor’s safety rules and regulations. 9. CONSTRUCTION OR USE PERMITS 9.1 Before any work is performed on any Crossing, or before use by Licensee of a Crossing for the contracted purpose, Licensee, shall obtain any necessary permit, license or approval (including zoning, health, building, construction, safety or environmental matters) from all federal, state or local public authorities having jurisdiction over the construction of any Crossing or its intended use. 9.2 Licensee expressly agrees and warrants that it shall conform and limit its activities to the terms of such permit, license and approval, and shall comply with all applicable ordinances, laws, rules, regulations and requirements of any governmental authority (State, Federal or Local) having jurisdiction over Licensee's operation of the pipe, wire, cable and fixtures installed and operated hereunder (including the location, contact, excavation and protection regulations of the Occupational Safety and Health Act (OSHA) (29 CFR 1926.651(b)). 9.3 Licensee shall defend, protect and hold Licensor harmless from any failure by Licensee to obtain permit, license, or approval under Section 9.2, for any violation by Licensee thereof, for costs or expenses of compliance therewith, and for any failure by Licensee to comply with such ordinances, laws, rules, regulations or requirements. 10. CONTRACTOR 10.1 In the event Licensee contracts for construction, relocation, repair, renewal, alteration, maintenance, or removal of a Crossing, Licensee shall require its Contractor to comply with all terms of this Agreement. 11. TRACK SUPPORT 11.1 During performance of any subsurface work at any Crossing, Licensee shall support the track and roadbed of Licensor in a manner satisfactory to Licensor. Unless otherwise approved by Licensor, all such construction shall be by jack-and-bore method and encased in steel. 11.2 Licensee shall backfill with material satisfactory to Licensor and thoroughly tamp all trenches to prevent settling of land surface and roadbed of Licensor, and shall either remove any surplus earth or material from Licensor's property or cause such surplus earth or material to be placed and distributed at locations and in such manner as Licensor may direct. 11.3 Upon completion of construction (or removal), Licensee shall leave Licensor's property in a condition satisfactory to Licensor. 11.4 Licensee shall remain responsible for any settlement of the track or roadbed at the utility Crossing location for a period of three (3) years subsequent to completion of installation of any Crossing. 12. FLAGGING 12.1 During construction, maintenance, relocation, repair, renewal, alteration, change or removal of any Crossing, if Licensor deems it advisable for protection of property or operations of Licensor or others on Rail Corridor, Licensor shall have the right to place watchmen, flagmen, inspectors, or supervisors, in accordance with Article 7.1, at the sole cost and expense of Licensee. 13. ROAD CROSSINGS 13.1 Nothing herein contained shall be construed to permit Licensee or Licensee's contractor to move any vehicles or equipment over track of Licensor except at a public road crossing without prior separate written consent of Licensor. 14. TAXES 14.1 Licensee shall promptly pay and discharge any state or local taxes, assessments and other governmental charges levied or assessed upon (a) Licensee's Facilities within any Crossing, or (b) The Rail Corridor of Licensor solely because of the existence of Licensee's Facilities thereon. 15. FACILITY CHANGES, RELOCATIONS AND COSTS 15.1 If Licensor is required by any governmental agency to make any change, relocation or improvement in Licensor Facility(ies) or Rail Corridor over or under a Crossing, or if Licensor desires to make any changes whatsoever in or to its Rail Corridor or Licensor Facilities affected by a Crossing, in order to maintain rail service (or provide new rail service) within the corridor, then in either event Licensee, at its expense, shall make such changes in the location or construction of such Crossing necessary to accommodate work or Licensor Facilities. Licensee’s work shall commence within thirty (30) days of notice from Licensor and in accordance with plans satisfactory to Licensor. 15.2 If Licensee desires to alter, relocate or change in any manner all or any part of any Crossing after initial installation, or if Licensee is required by governmental action to relocate, change, alter or remove Crossing after initial installation, plans therefor shall be submitted to Licensor for approval before any such alteration, relocation, change or removal is made. Upon approval of said plans, all other terms and conditions of this Agreement shall apply thereto. 15.3 No further payment, other than that assessed under Articles 5, 7, 12, 16 and 20 hereof shall be required for a Crossing altered, renewed, relocated or changed herein, provided that: (a) the location of such relocated Crossing remains on substantially the original crossing centerline; and (b) the diameter of any new pipeline or the capacity of any new cable or wireline remains within the capacity range originally permitted. 15.4 Licensor may require Licensee to make temporary changes or relocations in Licensee's Facilities, at Licensee's cost, to meet emergency situations, including derailment, environmental release or spill, landslide, flood, track washout, etc., upon notice to Licensee of necessity for such temporary changes. 16. LICENSOR COSTS 16.1 Licensor's costs and expenses for any work performed at the expense of Licensee pursuant to this Agreement shall be paid by Licensee within forty-five (45) days after receipt of bill therefore. Licensor, at its discretion, may require an advance deposit for estimated costs and expenses. 16.2 Licensor expenses shall include but not be limited to cost of Licensor labor and supervision (hereinafter "force account charges"), plus general additives, and the actual cost of materials and equipment purchased or rented (plus insurance, freight and handling). 16.3 Rental of Licensor equipment, if any, shall be in accordance with Licensor's applicable fixed rates. 16.4 Any additional or alternative costs or expenses incurred by Licensor to accommodate Licensee’s continued use of Licensor’s property as a result of Licensor’s Facility changes or Licensee’s Facilities changes shall also be paid by Licensee. 17. INTERFERENCE 17.1 Licensee shall operate or use such Crossing in accordance with all rules and regulations of Licensor and applicable governmental or regulatory authority so as not to interfere with or endanger, in the sole judgment of Licensor, any property, traffic, operation, maintenance, employees or patrons of Licensor or of others lawfully occupying or using Licensor's property at a Crossing location. 17.2 In the event Licensee provides and installs, either simultaneously with the installation of any Crossing or at a later date, electrically activated cathodic or other protective equipment for the Crossing, Licensee will submit plans and operating frequency, voltage, and current values of such protective system to Licensor for its approval prior to placing such system in service. Licensee will cooperate with Licensor in conducting such tests as Licensor may deem necessary, at Licensee’s cost, to determine if such protective system adversely affects any of Licensor's communication, signal, power, or other facilities. 17.3 If, in the judgment of Licensor, the existence, operation or maintenance of a Crossing shall at any time cause (a) interference (including, but not limited to, line sag or other physical interference; hindrance of street or highway crossing gates or signals; interference from electromagnetic or electrostatic induction or cathodic protection systems, or from groundfault, surge, stray or other currents) with Licensor's communication or signal wires or facilities, power lines, or electrical or electronic apparatus; or (b) interference with the operation, maintenance or use by Licensor of its Rail Corridor, tracks, structures, pole lines, signal or communication facilities or other property or any appurtenances thereto; then, in either event, upon receipt of written notice from Licensor of such interference, Licensee shall promptly make such changes in or relocation of its Crossing, at its sole risk, cost and expense, as may be required in the sole judgment of Licensor to eliminate all such interference. Upon Licensee's failure to remedy or make change, Licensor may do so, at Licensee's sole cost. 17.4 Without assuming any duty hereunder to inspect Licensee’s Facilities, Licensor hereby reserves the right to inspect same and to require Licensee to undertake necessary repairs, maintenance or adjustments to Licensee’s Facilities, which Licensee hereby agrees to make promptly, at Licensee’s sole cost and expense. 18. SIGNS 18.1 At its sole cost and expense, Licensee shall erect and thereafter routinely inspect and maintain signs showing ownership, location and, if applicable, depth of Crossing. 18.2 Licensee shall also provide and maintain on any electrical transmission poles or supports placed within Licensor Rail Corridor any warning or similar sign as may be required by applicable governmental authority. 19. RISK, LIABILITY AND INDEMNITY 19.1 Licensee hereby assumes, and shall at all times hereafter defend, indemnify, and save Licensor harmless from and against any and all liability, loss, claim, suit, damage, charge or expense (collectively “Losses”) on account of: (a) Death of or injury to any persons (including officers, agents, employees or invitees of Licensor or Licensee); or (b) Loss or destruction of any property (including claims for business or service interruptions and costs and expenses associated therewith, but excluding "Licensee's Property"); arising out of or resulting from or in any way connected with construction, maintenance, relocation, repair, renewal, alteration, change, operation or use of any Crossing, or any structures in connection therewith, or the removal of same from Rail Corridor of Licensor, or restoration of Rail Corridor of Licensor, except when caused solely by the willful misconduct or gross negligence of Licensor. 19.2 Notwithstanding Section 19.1 above, use of Licensor's Rail Corridor and Licensor's adjacent operations involve risks of loss and damage. Licensee hereby expressly assumes all risk of loss and damage to Licensee's Facilities resulting or arising from Licensor operations (including electrical field creation, electromagnetic induction, fire or derailment), regardless of any fault or negligence of Licensor. For purposes of this paragraph, the term "Licensee's Facilities" shall also include the contents of any Pipeline and all property of others situated or placed upon any Crossing or adjacent Licensor property by Licensee or by such third party at Licensee's request or for the sole benefit of Licensee. 19.3 Notwithstanding Section 19.1, and in furtherance of Section 28.2, Licensee assumes risk of challenge to Licensor title at any Crossing solely because of Licensee's occupation, and agrees that, in the event of any suit or claims by any third party claiming additional compensation for Licensee's occupation of any Crossing, Licensee will either (a) assume the defense of such suit (or file condemnation counterclaim) and pay such compensation claim, or (b) remove the subject Crossing within thirty (30) days of notice of such claim or suit. 20. INSURANCE 20.1 Licensee shall procure, and shall maintain during the continuance of this Agreement, at its sole cost and expense, a policy of Commercial General Liability (CGL) with Licensor, including assigns and operating lessees, as additional insured, covering liability at each Crossing assumed by Licensee under this Agreement, with a coverage limit of not less than THREE MILLION DOLLARS ($3,000,000) Combined Single Limit per occurrence for bodily injury liability and property damage liability. 20.2 If said CGL policy does not automatically cover Licensee's contractual liability during periods of survey, installation, maintenance and continued occupation, a specific endorsement adding such coverage shall be purchased by Licensee. If said CGL policy is written on a "claims made" basis instead of a "per occurrence" basis, Licensee shall arrange for adequate time for reporting losses. Failure to arrange for such coverage or loss report time shall be at Licensee's sole risk. 20.3 Prior to commencement of any work on or at any Crossing, Licensee shall furnish Property Services (J180) at 500 Water Street, Jacksonville, Florida 32202, a Certificate of Insurance as evidence of the CGL Insurance policy required in 20.1 above. This Certificate shall name Licensee as Named Insured and Licensor as Certificate Holder. The Certificate shall show policy numbers, limits of liability, and the insurance carrier. Under "Description of Operations," the Certificate shall state: Operation, maintenance, and use of Crossing covered by General Crossing Agreement (No. CSX-XXXXXX) between the Named Insured and CSX Transportation, Inc. dated *. 20.4 Additionally, for any period of construction (including Crossing repair, replacement or renewal) or demolition (including Crossing removal) within Licensor's Rail Corridor, Licensee shall procure a policy of Licensor Protective Liability (RPL) Insurance. Such RPL policy shall name Licensor as the insured, and shall provide coverage of $5,000,000 per occurrence, with an aggregate limit of $10,000,000 per policy year. If such construction or demolition is performed by Licensee's contractor, Licensee shall cause such RPL policy to be secured by contractor and furnished to Licensor as in Section 20.3 prior to commencement of any work on Rail Corridor. If offered by Licensor, in lieu of procuring such RPL policy or causing its contractor to secure same, Licensee may pay the then current Construction Risk Fee, as defined in Exhibit A. 20.5 Furnishing of insurance by Licensee shall not limit Licensee's liability under this Agreement, but shall be additional security therefor. 20.6 Licensor may at any time request evidence of insurance of Licensee to comply with this Article, and may require that Licensee purchase insurance deemed adequate by Licensor. Failure of Licensee to comply with Licensor's demand shall constitute a default hereunder. 20.7 Notwithstanding the provisions of Sections 20.1, Licensee may self-assume and/or self-insure in any amount liability arising under this Agreement (except for RPL coverage), provided: (a) Licensee shall furnish Officer's Certificate of such Insurance to Licensor; (b) Licensor accepts (approves) Licensee's program and self-insurance does not relieve Licensee from payment of Construction Risk Fee, if applicable. 20.8 The CGL and RPL coverage limits shall be subject to periodic review and adjustment by Licensor, at its sole discretion. 21. CONDEMNATION 21.1 Should Licensor's Rail Corridor at the location of any Crossing be condemned, appropriated or acquired by any public authority, then this Agreement shall terminate, but only as to the affected Crossing, as of the date when said Rail Corridor shall be taken or conveyed; provided that such condemnation does not expressly except or reserve the continued crossing rights of Licensee, and further provided that such condemnation is of a nature or estate that would preclude continuation of such Crossing. 21.2 No part of any condemnation damages or award shall belong to Licensee, except to the extent of any specific award for the Facility(ies) of Licensee. 21.3 Licensor agrees to provide for continuity of Crossing, as in Article 25, in any sale to condemning authority. 22. DURATION, RENEWAL AND/OR TERMINATION 22.1 Unless terminated for default as provided in Article 23, this Agreement shall continue for a term of five (5) years from the date hereof (the "Initial Term"). 22.2 Thereafter, this Agreement shall continue for successive periods of one (1) year each Renewal Term; provided that no default hereunder exists on the part of Licensee as of date of such renewal. 22.3 Either party may terminate this Agreement prior to any one (1) year Renewal Term by giving the other party written notice thereof at least thirty (30) days prior thereto; but such termination shall apply only to the right to make future placements hereunder. 22.4 However, except as provided in Article 23, the expiration or termination of the right of future placements under this Agreement shall not terminate the rights, privileges and duties of Licensee with respect to any Crossing constructed or existing prior to said termination. Such Crossing shall thereafter be maintained and operated, without additions, in accordance with and subject to all other terms, conditions and covenants of this Agreement, but as licenses revocable only in the event of Licensee's default, as provided in Article 23, but also terminating upon (a) Licensee's cessation of use of the wireline or Crossing for the purpose above, (b) removal of the wireline or Crossing; and/or (c) subsequent mutual consent. 22.5 Upon complete termination of this Agreement for cause, as in Article 23, Licensee, at its sole cost and expense, shall remove each Crossing then in existence and restore Rail Corridor of Licensor to condition satisfactory to Licensor, and furnish the Certificate of Termination Compliance (Exhibit "B" attached hereto) for each within thirty (30) days of such termination. Until such removal, all other provisions of this Agreement shall apply. 23. DEFAULT, BREACH, WAIVERS 23.1 The proper, timely and complete performance by Licensee of each term, covenant, clause or condition of this Agreement applicable to any Crossing subject to this Agreement shall be deemed of the essence thereof. In the event Licensee fails or refuses to fully and completely perform any of said terms, covenants or conditions or to remedy any breach after receiving notice to cure from Licensor to do so, as provided in Section 23.2, Licensor shall have the right to terminate the rights of Licensee as to any Crossing where such default occurred. 23.2 If failure or default in performance by Licensee is not deemed by Licensor to be a safety hazard or operating emergency, Licensee shall have thirty (30) days from the date of receipt of the Notice to from Licensor to correct such failure or default. However, if such failure or default is deemed by Licensor to be a safety hazard or operating emergency, Licensee shall immediately, but not later than seventy-two (72) hours after the receipt of such notice to cure, correct such failure or default, or, in the alternative, remove said Crossing, to the satisfaction of Licensor, all at Licensee's sole cost and expense. 23.3 If Licensee fails to correct such failure or default within the terms of said notice to cure, rights of Licensee under this Agreement as to the particular Crossing shall terminate. After such termination, Licensee shall make removal of such Crossing in accordance with Article 22 upon subsequent notice by Licensor. If Licensee fails to make such removal, Licensor may do so or contract to do so, at Licensee's sole cost and expense. 23.4 In the event of (a) multiple or repeated breaches or defaults by Licensee, (b) multiple or repeated failures to cure after notice, and/or (c) Licensee's failure to negotiate in good faith revisions to the Fee Schedule (Exhibit "A") for any Renewal Term; Licensor may terminate this Agreement in entirety by giving thirty (30) days notice to Licensee (regardless of any annual or other Fee having been paid in advance). In the event of total termination of this Agreement, Licensee shall remove any Crossing in accordance with Section 22.5, at Licensee's sole cost and expense. 23.5 No waiver by either party of its rights as to any breach of covenant or condition herein contained shall be construed as a permanent waiver of such covenant or condition, or any subsequent breach thereof, unless such covenant or breach is permanently waived in writing by said party. 23.6 Neither the failure of Licensor to object to any work done, material used, or method of construction, maintenance, relocation, repair, renewal, alteration, change or removal of any Crossing, nor any approval given or supervision exercised by Licensor, shall be construed as an admission of liability or acceptance of responsibility by Licensor or as a waiver by Licensor of any obligations, liability and/or responsibility of Licensee under this Agreement. 24. DISCONTINUANCE BY LICENSEE 24.1 If Licensee shall discontinue use of any Crossing covered hereunder, it shall notify Licensor in writing of such discontinuance, and shall promptly remove such Facility(ies) from Licensor's Rail Corridor, and restore Licensor's Rail Corridor to a condition satisfactory to Licensor, all at Licensee's cost and expense, and furnish a Certificate of Termination Compliance (hereto attached as Exhibit "B") therefore. Such discontinuance and/or removal of Facilities shall be done in accordance with industry standards and in accordance with Licensor’s specifications 24.2 Licensee may also abandon any underground Crossing in place, but only in such manner and upon terms satisfactory to Licensor. Such discontinuance and/or removal of Facilities shall be done in accordance with industry standards and in accordance with Licensor’s specifications 24.3 If Licensee fails to make such removal and/or restoration, Licensor may do or contract with licensed contractor to do such work at the expense of Licensee. 25. SALE OF LICENSOR RAIL CORRIDOR 25.1 In the event of sale or other conveyance by Licensor of all or a portion of its Rail Corridor, across, under or over, which Licensee has theretofore constructed any Crossing, Licensor's conveyance shall be made subject to the right of Licensee to continue to occupy the Crossing on the specific segment of Rail Corridor, and to operate, maintain, repair, renew thereon and to remove therefrom all Facilities of Licensee, subject to all other terms of this Agreement. 25.2 In the event that Licensor Rail Corridor over or under any Crossing is conveyed to any party under Section 25.1, in whole or in part, Licensor reserves the right to assign, in whole or partially, its rights and duties under this Agreement, but only as to such specific Crossing, to such Grantee. 26. ASSIGNMENT AND/OR LIMITATIONS 26.1 Licensee shall have the right to assign this Agreement, insofar as it pertains to a Crossing, to any wholly-owned subsidiary or to any successor corporation which acquires all or substantially all of Licensee's capital stock, property and/or business, by merger, acquisition or conveyance. 26.2 Except as otherwise provided in Section 26.1, this Agreement shall not be assigned by Licensee to any person, firm or corporation without the prior written consent of Licensor. Licensor’s consent shall not be unreasonably withheld. 26.3 However, no individual Crossing may be sold, assigned or leased, and no rights to use any Crossing may be subleased, licensed or permitted, in whole or part, by Licensee, for any reason, without the prior written consent of Licensor. Licensor’s consent shall not be unreasonably withheld. 26.4 After an approved assignment, this Agreement shall inure to the benefit of and be binding upon the respective successors and assigns of the parties hereto. 26.5 Licensor expressly reserves the right to assign this agreement, in whole or in part, to any grantee, lessee, or vendee of Licensor’s underlying property interests in the Crossing. 27. FORMER AGREEMENTS 27.1 This Article shall have no effect on any existing longitudinal occupancy agreements, leases, or easements. 28. TITLE 28.1 Licensee shall not at any time own or claim any right, title or interest in or to Licensor's property occupied by Licensee's Facilities, nor shall the exercise of this Agreement for any length of time give rise to any right title or interest in Licensee to said property other than the license herein created. 28.2 The term “License,” as used herein, shall mean with regard to any portion of the Rail Corridor which is owned by Licensor in fee simple absolute, or where the applicable law of the State where the Crossing is located otherwise permits Licensor to make such grants to Licensee, as “permission to use” the Rail Corridor, with dominion and control over such portion of the Rail Corridor remaining with Licensor, and no interest in or exclusive right to possess being otherwise granted to Licensee. With regard to any other portion of Rail Corridor occupied, used or controlled by Licensor under any other facts or rights, Licensor merely waives its exclusive right to occupy the Rail Corridor and grants no other rights whatsoever under this Agreement, such waiver continuing only so long as Licensor continues its own occupation, use or control. Licensor does not warrant or guaranty that the license granted hereunder provides Licensee with all right necessary to occupy any portion of the Rail Corridor. Licensee further acknowledges that it does not have the right to occupy any portion of the Rail Corridor held by Licensor in less than fee simple absolute without also receiving the consent of the owner of the fee simple absolute estate. Further, Licensee shall not obtain, exercise or claim any interest in the Rail Corridor that would impair Licensor’s existing rights therein. 28.3 Licensee understands that Licensor occupies, uses and possesses lands, Rail Corridor and rail corridors under all forms of qualities and rights or facts, from full fee simple absolute to bare occupation. Accordingly, nothing in this Agreement shall act as or be deemed to act as any warranty, guaranty or representation of the quality of Licensor’s title for any particular Rail Corridor or Crossing occupied, used or enjoyed in any manner by Licensee under any rights created in this Agreement. It is expressly understood that Licensor does not warrant title to any Rail Corridor or Crossing, and Licensee will accept the grants and privileges contained herein, subject to all lawful outstanding existing liens, mortgages and superior rights in and to the Rail Corridor, and all leases, licenses and easements or other interests previously granted to others. 28.4 Licensee agrees it shall not have nor shall it make, and hereby completely and absolutely waives its right, to any claim against Licensor for damages on account of any deficiencies in title to the selected Rail Corridor in the event of failure or insufficiency of Licensor’s title to any portion thereof arising from Licensee’s use of occupancy thereof. 28.5 Licensee agrees to fully and completely indemnify and defend all claims or litigation for slander of title, overburden of easement, or similar claims arising out of or based upon Licensee’s Facilities or any Crossings, or the presence of Licensee’s Facilities in, on or along any Crossing, including claims for punitive or special damages. 29. LIENS AND/OR ENCUMBRANCES 29.1 Licensee shall not create or permit any mortgage, pledge, security, interest, lien or encumbrances, including without limitation, tax liens and liens or encumbrances with respect to work performed or equipment furnished in connection with the construction, installation, repair, maintenance or operation of Licensee's Facilities in or on any portion of the Crossing (collectively "Liens or Encumbrances"), to be established or remain against the Crossing or any portion thereof. 29.2 In the event that any Licensor property becomes subject to such Liens or Encumbrances as described in Article 21.1, Licensee agrees to pay, discharge or remove the same promptly upon Licensee's receipt of notice that such Lien or Encumbrances has been filed or docketed against Licensor property, however, Licensee reserves the right to challenge, at its sole expense, the validity and/or enforceability of any such Liens or Encumbrances. 30. RECORDATION 30.1 This Agreement is not intended for recordation, and is specifically PROHIBITED FROM RECORDATION by any party hereto, or by any other party. Recordation hereof shall constitute a nullity and shall not be notice to anyone of its contents or intent, and shall further constitute a breach hereof. 31. NOTICE 31.1 Any notice to be given or served upon any party hereto in connection with this Agreement must be in writing, and shall be given by certified or registered mail, or by nationally recognized overnight courier service, with the exception of construction notice, which shall be provided as outlined in Article 7, and shall be deemed to have been given and received upon actual receipt or refusal of delivery. Such notices shall be given to the parties hereto at the following address: If to Licensee: Augusta, Georgia W/copy to: Augusta, Georgia Administrator’s Office Attn: Law Department 535 Telfair St., Suite 910 535 Telfair St, Bldg 3000 Augusta, GA 30901 Augusta, GA 30901 Fax: (706) 821-2819 Fax: (706) 842-5556 If to Licensor: CSX Transportation, Inc. Attn: CSX Real Property, Inc. 500 Water Street, J180 Jacksonville, FL 32202 Fax: (904) 359-3665 W/ copy to: CSX Transportation, Inc. Attn: Law Department 500 Water Street, J180 Jacksonville, FL 32202 Fax: (904) 359-7518 32. GENERAL PROVISIONS 32.1 This Agreement contains the entire understanding between the parties hereto, and cannot be changed, altered, amended or modified, except by written instrument subsequently executed by the parties hereto. 32.2 This Agreement is executed under current interpretation of applicable Federal, State, County, Municipal or other local statutes, ordinances or laws. However, each separate division (paragraph, clause, item, term, condition, covenant article or agreement) hereof shall have independent and severable status from each other such separate division for the determination of legality, so that if any division is to be void, voidable, or unenforceable for any reason, such determination shall have no effect upon the validity or enforceability of each other division or any combination thereof. 32.3 Neither the form of this Agreement, nor any language herein, shall be interpreted or construed in favor of or against either party hereto as the sole drafter thereof. 32.4 Neither this Agreement, nor any provisions hereof or included herein by reference, shall operate or be constructed as being for the benefit of any other Licensee or cable or pipe transmission company, or any third person. 32.5 Licensor and Licensee agree to use reasonable efforts to maintain the confidentiality of this Agreement. Licensee may disclose this Agreement to Licensee’s attorneys, accountants, regulatory authorities, affiliates, and permitted successors and assigns, and in response to subpoena and other judicial action or as dictated by Georgia Open Records Act. This Agreement shall be marked “Confidential”. If Licensee violates the requirements of this Section 32.5, Licensor shall have the right to terminate this Agreement immediately upon written notice to Licensee. Termination of this Agreement shall apply only to Licensee’s right to any future Crossing under this Agreement, and shall not apply to an existing Crossing approved by Licensor prior to the effective date of termination, with respect to which this Agreement shall continue to apply in all respects. 32.6 If any amount due pursuant to the terms of this Agreement is not paid by the due date, it will be subject to Licensor’s standard late charge and will also accrue interest at 18% per annum, unless limited by local law, and then at the highest rate so permitted. 32.7 Licensee agrees to reimburse Licensor for all actual costs incurred by Licensor for collecting any fees due under the Agreement. 32.8 The Licensee represents it has condemned or acquired sufficient rights for its use on both sides of the centerline of track from the underlying property owners at each Crossing location. 32.9 This Agreement and all questions of interpretation, construction and enforcement hereof and all controversies arising hereunder, shall be governed under the laws of the State of Georgia. 32.10 This Agreement shall be binding upon the successors and assigns of Licensee and of Licensor (but only if Licensor's successors or assigns run or operate a Licensor in, over or through the Rail Corridor). 32.11 Licensor shall refund to Licensee any overpayments collected, plus any taxes paid in advance; PROVIDED, however, such refund shall not be made when the cumulative total involved is less than One Hundred U.S. Dollars ($100.00). [ Signatures on the following page ] IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate, each of which shall constitute an original, the day and year first above written. WITNESS: CSX TRANSPORTATION, INC. _______________________________ By: _____________________________ Print/Type Name: _______ __ Print/Type Title: __ WITNESS: AUGUSTA, GEORGIA __________________________________ By: __ Print/Type Name: __ Print/Type Title: __ EXHIBIT A Fee Schedule – All fees listed are one-time payments unless otherwise noted. A.1. a Private Crossing Fees Wire/Cable/Fiber Crossing Fee: i. Overhead Each Cable $ 4,000 b Pipe Crossing Fees: i. Subgrade Each Pipe up twelve (12) inches in diameter $ 4,000 Each Pipe from thirteen (13) to twenty-four (24) inches in diameter Each Pipe from twenty-five (25) inches or more in diameter $ 6,000 Negotiated c. Public Crossing Fees: Overhead Wire $ 500 Subgrade Wire $ 500 Subgrade Pipe $ 500 d. Service Crossing Fees: $ 0 A.2 Ancillary Support Facilities/Occupations: i. Each pole $ 2,000 ii. Tower $ 4,000 iii. Each guy, anchor, brace and/or stubpole (excluding marker poles) $ 2,000 iv. Each guy wire crossing Licensor property, but not anchored thereon $ 2,000 v. Each manhole/handhole $ 4,000 A.3 Fee Adjustments: On the fifth anniversary of this Agreement and every year thereafter so long as this Agreement remains in effect, the Fees identified in A.1 and A.2 shall be adjusted by the same percentage of increase as reflected in the "Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) (1982- 84=100) specified for All Items - United States compiled by the Bureau of Labor Statistics of the United States Department of Labor" ("CPI"). In no event, however, shall the adjusted fee(s) be less than the previous year's Fees. The fee(s) shall be increased in accordance with the following: Current Price Index* --------------------------- X fee(s) = Adjusted fee(s) Base Price Index** * Effective CPI in the fourth month prior to the fifth anniversary date of the Agreement. ** Effective CPI at the time of the effective date of the Agreement. Upon change, said fees shall apply only to additional crossings applied for after the effective date of such change. A.4 Construction Risk Fee (if applicable): To cover Licensor operations exposure during construction or demolition operations within fifty (50) feet of any Licensor Rail Corridor or operating property and/or construction or demolition affecting any Licensor bridge or trestle, tracks, roadbeds, tunnel, underpass, or crossing in lieu of securing separate equivalent RPL policy for each new construction, if provided by Licensor Premium per Project Per Occurrence Then current Construction Risk Fee in place at time of project A.5 Review Fee: The review fee will be the then current review fee in place at the time of submission of application, plus any review fee charged by any operating lessee. The review fee applies as follows: i. All Crossings under A.1, except for Crossings identified in A.1.d. ii. All occupations under A.2 EXHIBIT "B" CERTIFICATE OF TERMINATION COMPLIANCE WIRELINE/PIPELINE STATE OF ) ) SS. COUNTY OF ) WHEREAS, under date of ______________, CSX Transportation, Inc. ("Licensor") entered into a General Crossing Agreement with Augusta, Georgia, as "Licensee" ("the Agreement"), to use Licensor property located at or near Licensor Milepost _____________, in the City of _____________, County of ________________, State of _______, for the purpose of placement of Licensee’s Facilities. WHEREAS, use of said Crossing has been terminated; NOW, this certification is given by Licensee, by Licensee's agent or representative under oath, that: the Crossing has been removed from Licensor property; any remaining casing pipe has been fully grouted and sealed; all poles, guy wires, anchors, etc., have been removed from Licensor property; and Licensor property has been restored to its condition prior to the Crossing placement. Licensee further agrees to defend, indemnify and hold Licensor harmless from any and all loss, damage or injury arising from or occasioned by any casing pipe left on Licensor property, including any failure of subjacent or lateral support arising from pipe failure or collapse, for a period of five (5) years from the date of this Certificate. WITNESS: Augusta, Georgia ____________________________ By: Print Name: Print Title: Sworn to and subscribed before me this the day of_________________, 20______ ______________________________________ Notary Public My commission expires: Engineering Services Committee Meeting 7/12/2016 1:10 PM CSX General Crossing Agreement for Augusta, Georgia Department:Utilities Presenter:Tom Wiedmeier Caption:Consider approving the CSX General Crossing Agreement for Augusta, Georgia. Background:Each of Augusta's departments presently contracts separately, with CSX Transportation, for railroad crossings. The result of this is varying fees and sometimes yearly payments, in addition to the fees. A general railroad agreement has been negotiated, with CSX, which will cover all departments. Analysis:This agreement will set a schedule of one time fees, for wireline/pipeline perpendicular crossings, that will be standard for all departments. These prices are guaranteed, for five years from the date of agreement, after which they will be reviewed yearly. Entering into this agreement will alleviate having to pay yearly fees, on any new permits, as well as having to negotiate an oft time higher fee. Financial Impact:N/A Alternatives:Disapprove the CSX General Crossing Agreement for Augusta, Georgia, and continue to negotiate permits, on a per department basis. Recommendation:Approve the CSX General Crossing Agreement for Augusta, Georgia. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Change Order Number: One Date: 5.17.2016 Project Title Downtown Signal and Streetlight Improvements project Original Contract Date: 11/5/2013 Project Number: 324-041110-201824110 Owner: Augusta-Richmond County P.O. Number: P231451 Contractor: R.J. Haynie & Associates The following change order is hereby made to the proposal for the above project: See Attached TOTAL AMOUNT OF THIS CHANGE ORDER $ 88,393.25 Original Contract Amount $2,179,866.00 Previous Change Order (Increased / Decreased) $0.00 This Change Order (Increased / Decreased) $ 88,393.25 TOTAL CONTRACT WITH CHANGE ORDER(S) $2,268,259.25 * * * * * * * * * * * * * Funding Source/Account Number: 328-041110-5414610/212828104-5414610 Requested By: Date: Engineer Submitted By: Date: Department Head Recommended By: Date: Mayor Accepted By: Date: Contractor Copies: Project Files Finance Department Augusta-Richmond County, Georgia BE IT ORDAINED by the Commission-Council of Augusta-Richmond County, Georgia that the following Capital Project Budget is hereby adopted: Section 1: The project is authorized to CPB# 324-041110-201824110 Change Order One to R J Haynie and Associates in the amount of $88,393.25 on the Downtown Signal and Streetlight Improvements project. This change will include the upgrades for ADA and accommodate pedestrian movement changes. Funding will come from Walton Way Signal Phase VI Contingency Account. Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. Special 1% Sales Tax, Phase IV 300,000$ Special 1% Sales Tax, Phase IV 2,023,000$ Downtown Traffic Signal A Phase IV 1,001,665$ Downtown Traffic Signal B Phase IV 1,100,000$ Walton Way Phase VI 78,500$ Walton Way Phase VI 88,400$ 4,591,565$ Section 3: Copies of this Capital Project Budget shall be made available to the Comptroller for direction in carrying out this project. Adopted this ____________________ day of ______________________. Approved _________________________________________________ Original-Commission Council Office Copy-Engineering Department Copy-Finance Department Copy-Procurement Department CPB# 324-041110-201824110 CAPITAL PROJECT BUDGET DOWNTOWN TRAFFIC SIGNAL & STREET LIGHT UPGRADE (A) Hardie Davis, Jr, Mayor CHANGE NUMBER EIGHT Please do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission for execution. For information reference this request, contact Engineering at ext 5070. Thanks 1 of 2 5.17.2016 Augusta-Richmond County, Georgia CPB# 324-041110-201824110 CAPITAL PROJECT BUDGET DOWNTOWN TRAFFIC SIGNAL & STREET LIGHT UPGRADE (A) CHANGE NUMBER EIGHT CPB AMOUNT CPB NEW SOURCE OF FUNDS CPB CHANGE CPB SPECIAL 1% SALES TAX, PHASE IV 324-04-1110-6011110-201824110 ($3,324,665)($3,324,665) SPECIAL 1% SALES TAX, PHASE IV 324-04-1110-6011110-201824115 ($1,100,000)($1,100,000) WALTON WAY SIGNAL SPLOST VI ($78,500) ($88,400) ($166,900) 328-041110-212828104 TOTAL SOURCES:($4,503,165) ($88,400) ($4,591,565) USE OF FUNDS ENGINEERING 324-04-1110-5212115-201824110 $2,323,265 $2,323,265 CONSTRUCTION $2,179,900 $88,400 $2,268,300 324-041110-5414610-201824110 TOTAL USES: $4,503,165 $88,400 $4,591,565 2 of 2 5.17.2016 Engineering Services Committee Meeting 7/12/2016 1:10 PM Downtown Signal and Streetlight Improvements – CO#1 Department:Engineering Presenter:Abie Ladson - Director Caption:Approve Capital Project Budget 324-041110-201824110 and Change Order One in the amount of $88,393.25 for R.J. Haynie and Associates for the Downtown Signal and Streetlight Improvements project as requested by AED/TE. Background:This project was a continuation of SPLOST IV funds for upgrading the traffic signals and streetlights in the Downtown Central Business District. It extended the streetlight upgrades along Broad Street from 5th Street to 4th Street and replaced the traffic signals along both Walton Way and Telfair Street. The additional cost was accumulated due to several unforeseen factors including: an overrun on concrete materials due to additional ADA compliance issues, modifications to several steel signal poles, fiber optic system/component changes, Georgia Power company service point modifications and delays in construction due to environmental issues at intersection of Walton Way/8thStreet. Analysis:AED has evaluated the proposal from R.J. Haynie & Associates, Change Order One, and this request will continue to move the project toward completion. Financial Impact:Funds are available in account number 328-041110- 5414610/212828104-5414610 upon Commission approval. Alternatives:1) Approve Capital Project Budget 324-041110-201824110 and Change Order One in the amount of $88,393.25 for R.J Haynie and Associates, for the Downtown Signal and Streetlight Improvements project for the AED. 2. Do not approve. Recommendation:Approve alternative one. Funds are Available in the Following Accounts: 328-041110-5414610/212828104-5414610 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Engineering Services Committee Meeting 7/12/2016 1:10 PM Establishment of Discharge Gage on the Savannah River @ 5th Street Bridge or nearby Area - Joint Funding Agreement Department:Engineering Presenter:Abie Ladson - Director Caption:Motion to approve entering into a Funding Agreement with the United States Department of Interior US Geological Survey (USGS) for Establishing and Operating a Discharge Gage on the Savannah River at a location in Vicinity of Augusta Downtown as requested by AED. Background:Currently, there is only one active discharge gage in Augusta area that monitors continuous flow in Savannah. The gage is located below downtown area near New Lock and Dam and listed as AUGG1 Savannah River Below Augusta (Butler Creek). USGS maintain this gage and post live data online (see attachment for example Stage Flow Chart). Historically, Augusta area had two discharge gages; second one was at 5th Street Bridge. At time in the past, this gage was taken out of the system (reason unknown). Discharge gage provide critical data for Augusta area to support flood management, flood fight and emergency management planning & readiness. Analysis:Entering into the Funding Agreement with USGS will allow for re-establishment of discharge gage in vicinity of Augusta Downtown area. Present forecast indicates that it is likely Augusta area may experience increase in high discharge frequency in the river. Improvement in Flood Management emergency plan can be made using data generated at this gage. In addition, data generated at this gage station along with Butler Creek is critical for watershed management and to develop local flood maps associated to Savannah River flow stages. Financial Impact:USGS is waiving installation cost. Annual operation cost is $24,250. Annual operation cost will be supported through Stormwater Service Program. Alternatives:1). Motion to approve entering into a Funding Agreement with the United States Department of Interior US Geological Survey (USGS) for Establishing and Operating a Discharge Gage on the Savannah River at a location in Vicinity of Augusta Downtown as requested by AED. 2). Do not approve. Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: Stormwater Service Program Funds 581-04-4320/5212115 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Engineering Services Committee Meeting 7/12/2016 1:10 PM Josephine Green Department:Clerk of Commission Presenter: Caption:Consider a request from Ms. Josephine Green regarding the relocation of parking lines in front of the property located at 311 East Boundary. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Engineering Services Committee Meeting 7/12/2016 1:10 PM Minutes Department:Clerk of Commission Presenter: Caption:Motion to approve the minutes of the Engineering Services Committee held on June 14, 2016. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Engineering Services Committee Meeting 7/12/2016 1:10 PM Motion to Abandon Spellman Street and Goss Lane Department:Law Presenter: Caption:Motion to determine that Spellman Street and Goss Lane, as shown on the attached plat has ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the best public interest, and to receive as information the results of the public hearing pursuant to O.C.G.A. §32-7-2, with the abandoned property to be quit-claimed to the appropriate party(ies), as provided by law and an easement to be retained over the entire abandoned portion for existing or future utilities as directed by Augusta Engineering, Utilities and Law Departments and right of way property needs. Background:The Board of Regents of The University System of Georgia has requested the abandonment of Spellman Street and Goss Lane and supports the closure of the intersection of Spellman Road and R.A. Dent Boulevard and Wrightsboro Road. The abandonment request has been reviewed by all essential county departments and administrators and approvals were received to this abandonment request. Pursuant to O.C.G.A. § 32-7-2, a public hearing was held on September 17, 2015 for this matter. The legal description and plat of Spellman Street and Goss Lane are attached. Analysis:In addition to the information provided in the above Background section, results of the public hearing will be presented to the Commission. Notice to the property owners located thereon was made, pursuant to O.C.G.A. §32-7-2(b) (1). Financial Impact:Cost of publication and advertisement of public hearing. Alternatives:Approve or deny request to determine that Spellman Street and Goss Lane be abandoned. Recommendation:Approve determination and request for abandonment of Spellman Street and Goss Lane, with the abandoned property to be quit- claimed to the appropriate party(ies) as allowed by law, and an easement(s) as directed by the Augusta Engineering, Utilities and Law Departments to be retained over a partial or the entire abandoned portion for existing or future utilities and drainage and right of way property needs and adopt the attached Resolution. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Engineering Services Committee Meeting 7/12/2016 1:10 PM Stormwater Removal from Sanitary Sewer CIP Bond Projects Department:Augusta Utilities Department Presenter:Tom Wiedmeier Caption:Consider award for Professional Services for 2014 CIP Bond Project Stormwater Removal from Sanitary Sewer System Projects to Goodwyn Mills & Cawood, Inc. (GMC) in an amount not to exceed $268,355.00 in two phases. Background:On November 18,2014, the Augusta-Richmond County Commission approved the proposed assignments of several 2014 CIP Bond Project s to numerous engineering firms; GMC (formerly Stevenson & Palmer) was approved for this project. This project, required under our Consent Order with Georgia EPD, will design corrections of deficiencies in the sewer separation efforts identified in our earlier audit of the former combined sewer basins. Analysis:AUD recommends the Commission award a contract to GMC in the amount of $268,355.00 for the Stormwater Removal from Sanitary Sewer Projects. The project will improve the sanitary sewer system within the project areas. AUD has reviewed the proposal submitted by GMC to provide Professional Services for the project evaluation and design services for the project. The Professional Fees for this project is not to exceed $81,085.00 for the study phase and not to exceed $172,000.00 for the design phase and total not to exceed $$268,355.00. Financial Impact:Funds are provided 514043490-5212999/81600070-5212999 Alternatives:No alternatives are recommended. Recommendation:Augusta Utilities Department recommends the Commission approve the Professional Services proposal to GMC in the amount of $268,355.00 for the Stormwater Removal from Sanitary Sewer Projects. Funds are Available in the Following Accounts: Funds are available in the following accounts: 514043490- 5212999/81600070-5212999 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission STATE OF GEORGIA COUNTY OF RICHMOND DEED OF DEDICATION WALMART NEIGHBORHOOD MARKET Includes Parcel ldentificationNumbers l4l-4-006-00-0, 141-4-007-00-0, 141-4-008-0C-Ct, l4l-4-009-00-0, 141-4-010-00-0, and l4l-4-01 1-00-0, [Water Distribution System and Gravity Sanitary Sewer System - Private Streets] WHEREAS, Bright-Meyers Windsor Springs, LLC, a Tennessee limited lir:bltity company, hereinafter known as "DEVELOPER", owns several tracts of land, above refert:nr:ed, in Augusta-Richmond County, Georgia, and in the building of the Walmart Neighborhood Market, has laid out a water distribution system and gravity sanitary sewerage system, in saic. development; and WHEREAS, it is the desire of DEVELOPER, to deed the water distributio r system and the gravity sanitary sewer to AUGUSTA, GEORGIA, (hereinafter known as "AUGUSTA"), u political subdivision acting by and through the Augusta-Richmond County Commission for maintenance and control; and WHEREAS, a plat was prepared by Survey Matters, LLC, for Neighborhoc,l Market #2465-00, dated December 28, 2015, entitled "Water Utilities and Sanitary Sewer Easement Plat", said plat being attached hereto as Exhibit "A" and to which reference is he :e ry made for a more complete and accurate description as to the land herein described. Said syr;t,::ms are further described in Exhibit rrB" arld Exhibit "C"; and WHER"EAS, AUGUSTA, by and through the Augusta-Richmond County Commission, has consented and agreed to accept and maintain said water distribution systeln and gravity sanitary sewerage system; and WHEREAS, DEVELOPER has agreed that neither AUGUSTA, nor any ol'i:s departments, shall maintain individual force mains, lift stations and/or grinder pumps and thal said individual force mains, lift stations and/or grinder pumps shall remain private; Page I of4 NOW, THEREFORE, this indenture made this day of between DEVELOPER and AUGUSTA, WITNESSETH: That DEVELOPER, for and in consideration of the sum of Ten and rro,'100 ($10.00) Dollars, to it in hand well and truly paid by AUGUSTA, at and before the sealing and delivery of these presents, the receipt of which is hereby acknowledged and for the irrther consideration of thi benefits to its property by the maintenance of said water distribution liyi;tem and gravity sanitary sewerage system, by AUGUSTA, has and does by these presents, g.'ant, bargain, sell and confirm unto AUGUSTA, its successors and assigns, the following, to-w't: Exclusive 20-foot easement(s) in perpetuity over the water distribution system and the gravity sanitary sewerage system, with a 30-foot combined water and sanitary sewer easement running along the northern property boundaries of 14l-4-007-00-0, l4l-4- 009-00-0 and 14l-4-010-00-0, as shown on aforementioned plat and further described in Exhibits 'B" and 'C". Together with all of the necessary rights of ingress and egress for the purpose of maintaining, expanding, repairing, adding, constructing, installing, extending, operating, replacing, laying and relaying pipelines carrying and transporting Augusta's utilities services; along with the further right to stritch communication lines, or other lines, for the use of AUGUSTA, its assigns, representatives, agents, and designees, upon or under said land, within said easement, with the necessary cables, wires, apparatus, fixtures and appliances; and with the right to assign this easement in whole or in part; and DEVELOPER does further agree that when construction or maintena.rr:e is necessary, AUGUSTA may dig such trenches in said property, as may be necessary lbl'the project; io pile and store thereon the material excavated, and to haul and store pipe, supplier, and iquipmenttonnected with the construction and maintenance thereof, over, along, and acrlrs; the said-property, along with the free right of ingress and egress to and from said pen:ri:nent easements for these purposes. DEVELOPER also grants AUGUSTA the right, but not the duty, to cle l' and keep clear, all trees, undergrowth and other obstructions from said permanent easement, i:long witn tfre right of free ingresi and egress to and from said permanent easement for this purpolie. DEVELOPER further agrees that no trees or other vegetation that may ir,tt:rfere with the constructing, laying, relaying, replacing, installing, adding, expanding, ext(:n'ling, operating, repairing a-nd mainiaining of pipeiin"s tiansporting and carrying utility service's shall bi planied on saia easement(s) and that no buildings, structures, or other pen'liment Page2 of 4 ,2016 improvements shall be erected, constructed, or maintained thereon; and, if such prohibiteti tr:ees, vegetation, buildings structures, or other permanent structures (hereinafter referred tr: as "obstructions") are placed, built, planted within said permanent easements, such action rvill be considered a violation of this agreement and Augusta shall have the absolute ril3ht to immediately remove, or have removed, such obstructions and shall bear no responsibi..it\,, or liability, for said obstruction's value. TO HAVE AND TO HOLD said water distribution system and gravity sa:ritrry sewerage system, together with all and singular, the rights, members, appurtenances thereo:i to the same being, belonging, or in anywise appertaining to the only proper use, benefit and br:h,rof of AUGUSTA, its successors and assigns forever. AND DEVELOPER, its heirs, legal representatives, successors and assigru;, r;dll warrant and defend the right and title to the above described property, to AUGUSTA, its successors and assigns, against all claims of all persons whosoever. IN WITNESS WHEREOF, DEVELOPER has hereunto set its hand and trffixed its seal the day and year first above written. Signed, sealed and delivered in the presence of As lts: Chief Manager and Member State of County of Rrsyft^ My Commission Expiret, Aroqr^s* Z-3 ZDllO( (NOTARY SEAL) Page 3 of4 ACCEPTED BY: AUGUSTA, GEORGIA By: Hardie Davis, Jr. As its Mayor NOTARY PUBLIC State of County of My Commission Expires: (NOTARY SEAL) Attest: Clerk of Commission (sEAL) Page 4 of4 F;; FqE iF:a; Be= Ell l; Bi ids c;,t E iEE:iC :-E' {HEH i ,B: e2g t--\ 1 I l0il BurL.rRoad. Suil.J Ntildilr. South caroliM 1c661 nrcli.]surey{r.neN.otrr .t,/ ": 4i r !/ .: : iFrll'j! i. ;ii;li t: Si t5t )t- : !drp= ,rEif.ffiiY'r ns M e.&; c; i ": 81, iiiila I Exhibit A B"!\ 8: ->fr Brlr!ll1 l, i:lllt -8^r4 i *.,'l tt..{:{ :l/ ,l:rij 14,j u v5 I,I ti;, tl NI{ l',','' l E E 3t t I I 4 ! PI i =l:c:ec:i:l;i'cEiEBirst*Ei6iiila;!5E:; ii l:;llE5li!sl!i6i ;E;iiEiiigEi::EaEiigeiiE:E;. iE!aiE:: E i EE ; riirl,E E!;EEE;E;'l; E:;E:E ' E:?E:56E E; ii;ixsiie i E;E;;;E; : is: ' !iq{rI -FCr"Ii" I I Llls sEi EIE t-B6_i I EEilEr. L ?33i":" l-BEl : l'6i'- i.i' -.^,-4",". , /*,.',i;1] ?; ffi' -" qkr.ta?--ia' r;lc" iF€:E;. : i **il' ;.iEF iEilr! fl;$IBI6 8\P iEi3 , z t :1 7 ".1 iE I9E:?c I:€:ileH: i B: !i:"EE Ea >nx :- _ B E ]E .'. -\ PREPARII) l oR \f, Iiil lBoRllmD \lAIiKlrl'24rr5!0 PR()P[:t fY Ol ERlctrf Nll:Ylllts wlNDsoR sPltlNos, Ll ( ilisir iro!i.:rijl)il. iialri l6jli d 3699 wl\DSoR SPHINL ROAI)IllL[],\DISIBITiS rrll ot ]\tq sT,\.Rl(llNl()NDa.{ NIY (;!oR(;ll W ]\ fLR I]]'ILI I IIS AND SANJ I AIIY SLS LR LASLMLNI' PL I EXHIBIT B WATER UTILITY EASEMENT AREA & COMBINED WATER/SEWER EASEMENT: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN MILITIA DIS TRICT 86, CITY OF AUGUSTA, RICHMOND COLINTY, GEORGIA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN IRON PIN ON THE MITER FORMING THE INTERSECTII)N OF THE NORTHERLY MARGIN OF THE RIGHT-OF-WAY OF TOBACCO ROAD (13C FOOT wrDTH PUBLIC RIGHT-OF-WAY) AND THE WESTERLY MARGIN OF THE RIGI [T-OF- wAy oF TALBOT DRrVE (40 FOOT PRTVATE RIGHT-OF-WAY AT THIS P f,INT), THENCE ALONG SAID RIGHT-OF-WAY NO9'14'54''E A DISTANCE OF 230.30 FE:ET TO A NAIL, THENCE CONTINUING ALONG SAID RIGHT-OF-WAY N80"31'5ZI''W A DTSTANCE OF 10.00 FEET TO AN IRON prN (50 FOOT PRIVATE RIGHT-OF-W,\Y AT THIS POINT), THENCE CONTINUING ALONG SAID RIGHT-OF-WAY N09ol4':i;5"8 A DISTANCE OF 8.7I FEET TO A POINT AND BEING THE POINT OF BEGINNIN(} (POB l); THENCE N09ol4'55"E A DISTANCE OF 20.00 FEET TO A POINT, Tl TENCE S81OO2'53''E A DISTANCE OF 276.97 FEET TO A POINT, THENCE NO8'57'(,7''E A DISTANCE OF 21.83 FEET TO A POINT, THENCE S8TOO2'53''E A DISTANCE OII 2O.()O FEET TO A POINT, THENCE SO8O57'07''W A DISTANCE OF 2T.83 FEET TO A I)OINT, THENCE S81"02'53''E A DISTANCE OF 60.76 FEET TO A POINT, THENCE N59"41 31''E A DISTANCE OF 270.40 FEET TO A POINT, THENCE N14'41'31''E A DISTANCE O 51.20 FEET TO A POINT, THENCE N07"48'29''W A DISTANCE OF 62.81 FEET TO A I'OINT, THENCE N27'50'42''E A DISTANCE OF 238.80 FEET TO A POINT, THENCE N63"21'I3''W A DISTANCE OF 23.39 FEET TO A POINT, THENCE N26"38'47''E A DISTANCE O F 2O.OO FEET TO A POINT, THENCE S63"21'13''E A DISTANCE OF 23.46 FEET TO A I'OINT, THENCE N24"30'22''E A DISTANCE OF 101.29 FEET TO A POINT, THENCE N65'5 5'51''W A DISTANCE OF 20.09 FEET TO A POINT, THENCE N24O32'26''E A DISTANCE OF 2O.OO FEET TO A POINT, THENCE S65O55'58''E A DISTANCE OF 20.07 FEET TO A ])OINT, THENCE N24"32'26''E A DISTANCE OF 9.77 FEET TO A POINT, THENCE N64'2I'27"E A DISTANCE OF 9.89 FEET TO A POINT, THENCE N75O53'32''W A DISTANCE OF 378.52 FEET TO A POINT, THENCE N5?"4I'22''E A DISTANCE OF 42.86 FEET TO A ])OINT, THENCE S75o53'32"E A DISTANCE OF 404.42 FEET TO A POINT, THENCE N08ol)3'06"E A DISTANCE OF 7.44FEET TO A POINT, THENCE 575"07'47''E A DISTANCE O? 20.14 FEET TO A POINT, THENCE SO8OO3'06''W A DISTANCE OF 7.17 FEET TO A ]OINT, THENCE S75O53'32''E A DISTANCE OF 184.81 FEET TO A POINT, THENCE 524"i',1'26"W A DISTANCE OF 30.49 FEET TO A POINT, THENCE N75'53'32''W A DISTANICE OF 224.73 FEET TO A POINT, THENCE 564"21'27"W A DISTANCE OF 26.68 FEE]' TO A POINT, THENCE 524"30'22''W A DISTANCE OF 130.30 FEET TO A POINT, TI{ENCE S27O5O'42''W A DISTANCE OF 22.28 FEET TO A POINT, THENCE S63O21']3''E A DISTANCE OF 42.95 FEET TO A POINT, THENCE 526o38'47"W A DISTANCE C'F 31.62 FEET TO A POINT, THENCE N63"21'13''W A DISTANCE OF 26.12 FEET TO A POINT, THENCE 527"52'Og''W A DISTANCE OF 90.38 FEET TO A POINT, THENCE S58O(]5'04''W A DISTANCE OF 34.66 FEET TO A POINT, THENCE S27O5O'42''W A DISTANCE CIF 73.19 FEET TO A POINT, THENCE 507"48'29''E A DISTANCE OF 44.61 FEET TO A POINT, THENCE N82'1 1'31''E A DISTANCE OF 35.63 FEET TO A POINT, THENCE SO7O48';I9''E A DISTANCE OF 2O.OO FEET TO A POINT, THENCE S82"I1'31''W A DISTANCE O]:,37.39 FEET TO A POINT, THENCE S14O41'31''W A DISTANCE OF 58.85 FEET TO A I:OINT, THENCE S59O4I'3I''W A DISTANCE OF 285.81 FEET TO A POINT, T}.ENCE N81OO2'53''W A DISTANCE OF 364.97 FEET TO THE POINT OF BEGINNINC AND CONTAINING 47,245 S.F. OR 1.085 ACRES MORE OR LESS' EXHIBIT C SANITARY SEWER EASEMENT AREA: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN MILITIA DIS TRICT 86, CITY OF AUGUSTA, RICHMOND COUNTY, GEORGIA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN IRON PIN ON THE MITER FORMING THE INTERSECTII)N OF THE NORTHERLY MARGIN OF THE RIGHT-OF-WAY OF TOBACCO ROAD (130 FOOT wrDTH puBl.rc RIGHT-OF-WAY) AND THE WESTERLY MARGIN OF THE RIGI IT-OF- wAy oF TALBOT DRIVE (40 FOOT PRIVATE RIGHT-OF-WAY AT THIS P,fINT), THENCE ALONG A TIE LINE N16"06'52''W FOR 298.30 FEET TO A POINT AND I}EING THE POINT OF BEGINNING (POB 2); THENCE N07"50'46"E A DISTANCE OF 20.0t:) FEET TO A POINT, THENCE S82OO9'I4''E A DISTANCE OF 232.94 FEET TO A POINT, TI TENCE S8OOI4'55''E A DISTANCE OF 207.98 FEET TO A POINT, THENCE N59'27':;7''E A DISTANCE OF 390.41FEET TO A POINT, THENCE N31'55'45''W A DISTANCE OIi 81.83 FEET TO A POINT, THENCE N3IO54'45''W A DISTANCE OF 230.46 FEET TO A ,I,OINT, THENCE N3I"53'29''W A DISTANCE OF 88.54 FEET TO A POINT, THENCE N3IO5 J'01''W A DISTANCE OF 121.04 FEET TO A POINT, THENCE N59"41'22''E A DISTAN]E OF 19.99 FEET TO A POINT, THENCE S3IO54'25''E A DISTANCE OF 42,38 FEET TO A POINT, THENCE N59'43'40''E A DISTANCE OF 103.18 FEET TO A POINT, TITENCE 575"53'32,'E A DISTANCE OF 28.60 FEET TO A POINT, THENCE S59O43'4I.)''W A DISTANCE OF 123.02 FEET TO A POINT, THENCE 531O55'01''E A DISTANCE O 58.09 FEET TO A POINT, THENCE S31"53'29''E A DISTANCE OF 81 .42FEET TO A I'O[NT, THENCE N59'4I'3I''E A DISTANCE OF 53.46 FEET TO A POINT, THENCE S3O'18 29''E A DISTANCE OF 2O.OO FEET TO A POINT, THENCE S59O4I'31''W A DISTANCE O 52.90 FEET TO A POINT, THENCE S3IO54'45''E A DISTANCE OF 21758 FEET TO A I)OINT, THENCE 531O55'46''E A DISTANCE OF 102,32 FEET TO A POINT, THENCE 359'2 7'57UW A DISTANCE OF 418.24 FEET TO A POINT, THENCE N8OO14'55''W A DISTAN CE OF 21498 FEET TO A POINT, THENCE N82'09'14''W A DISTANCE OF 232.61FEET 1'O THE POINT OF BEGINNING AND CONTAINING 30,933 S.F. OR 0.710 ACRES MO TE OR LESS. STATE OF GEORGIA COUNTY OF RICHMOND MAINTENANCE AGREEMENT WALMART NEIGHBORHOOD MARKET (Utility Water Distribution System and Gravity Sanitary Sewer System) THIS AGREEiIENT, entered into this day of 2016, by and beltv,a€n Bright- Meyers Windsor Springs, LLC, a Tennessee limited liability company, hereinafter refened to as the "DErt/ELOPER", and Augusta, Geoigiala political subdivision of the State of Georgia, hereinafter refened 1e 3s "ALl(i USTA": WITNESSETH WHEREAS, the DEVELOPER has requested that AUGUSTA accept the water distribution syslem and the gravity sanitary sewer system for a development known as Walmart Neighb_orhood lrtrarket, as showrt l:y a Deed of [edicltion, contemporaneouslytendered and recorded in the office of tfie Clerk of the SuperiorCourtr:f Richmond County, Georgia, with this document; and wHEREAS, AUGUSTA has adopted a policy requiring the DEVELOPER to maintain those inrsti:Lllations and systems laid or installed in the subdivision, which nUeUSfA does accept by Deed, for a period ol e Shteen (18) months; NOW, THEREFORE, in consideration of the premises, the expense previously incured bythe DIIVELOPER and the mutual agreement hereinafter set out, lT lS AGREED that: (1) AUGUSTA accepts the gravity sanitary sewer system and..water distribution s!'sle[ for the subOivision, respectively described in the Deed contemporaneously tendered herewith to the Augurit;;r-Richmond County Commission. (2) The DEVELOPER agrees to maintain allthe installations laid or installed in said dervr:rlopment as describid in said Deed for a period of eighteen (18) months from the date of this agreement. (3) The DEVELOPER agrees that, if during said eighteen (]8) month.period there is c firilure of the installations laid or installed in said development desciibed in the Deed due to failure or poor worllrtanship, the DEVELOPER shall be responsible for adequate maintenance and repair. (4) tn the event of such failure of the improvements, AUGUSTA shall notify the DEVEI'111:'5R and set forth in *riting the items in need of repair. The DEVEIOPER shall present, within fifteen (15) businersriidays of the date of saiO writing, its proposed plin of repair and shall have the repairs completed in a reasortarble time, as determined by AUGUSTA. (5) lf, in the event of an emergency, as determined by AUGUSTA, the DEVELOPER is unable to respond in a timely manner, AUGUSTA shall be authorized to erect barricades, traffic direction devi,:;rs and such othertemporary measures as are necessaryto remedytheemergency nature of the problem atthe DEII'ELOPER'S expense and atlow the DEVELOPER time to make the needed repairs. (6) ln the event the DEVELOPER fails to comply with the terms of this agreement, then AUtii USTA shall proceed to have the necessary corrective work done, and the DEVELOPER agrees to be responsible r: AUGUSTA for payment, in full, of the costs of repairing the improvements due to failure of material or poor worlr:manship as liquidated damages. lN WTNESS WHEREOF, the DEVELOPER has hereunto set its hand and seal and AUGUSTA has caused the execution of this agreement by and through its duly authorized officen: and agents, with its seal affixed, the day and year first above written. Signed, sealed and delivered in the presence of As lts: Chief Manager and Member State of 6earcio..d County ot 6r<y,th My Commission Expires: AtS.=.t 23, ZDll (NOTARY SEAL) AUGUSTA, GEORGIA WTNE NOTARY PUBLIC County, Georgb My Cornmiseinn Expires: (Notary Seal) Hardie Davis, Jr. As lts: Mayor Attest: By: Clerk of Commission (sEAL) Engineering Services Committee Meeting 7/12/2016 1:10 PM Walmart Neighborhood Market Deed of Dedication and Maintenance Agreement Department:Utilities Presenter:Tom Wiedmeier Caption:Consider approving a Deed of Dedication and Maintenance Agreement with Bright-Meyers Windsor Springs, LLC, for the Walmart Neighborhood Market. Background:The Walmart Neighborhood Market was constructed at Windsor Spring Road and Tobacco Road. Bright-Meyers and Walmart request to dedicate the water and sanitary sewer, to Augusta. Analysis:The new water and sanitary sewer pipelines have been inspected, passed all testing, and are ready to accepted into the public systems. Financial Impact:N/A Alternatives:Disapprove the Deed of Dedication and Maintenance Agreement with Bright-Meyers Windsor Springs, LLC, for the Walmart Neighborhood Market. Recommendation:Approve the Deed of Dedication and Maintenance Agreement with Bright-Meyers Windsor Springs, LLC, for the Walmart Neighborhood Market. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission PLEASE DO NOT PROCESS THIS DOCUMENT. ONCE ITEM IS APPROVED BY COMMISSION AN ORIGINAL WILL BE FORWARDED FOR EXECUTION. Engineering Services Committee Meeting 7/12/2016 1:10 PM Wheeler Road from I-20 to Augusta West Parkway Improvement Project- Framework Project Agreement Department:Engineering Presenter:Abie L. Ladson, Director Caption:Motion to approve entering into a Project Framework Agreement with the Georgia Department of Transportation for the Wheeler Road from I-20 to Augusta West Parkway Improvements Project (PI #0012867) as requested by AED. Background:Wheeler Road is classified as an Urban Minor Arterial Street. It is a multi-lane corridor with 2 lanes in each direction separated by a concrete median with curb, gutter and longitudinal drainage systems. This section of Wheeler Road provides direct connectivity to Doctors Hospital, which, according to the 2008 Augusta-Richmond County Comprehensive Plan, is identified as a Regional Center Area. In addition to Doctors Hospital, the land use is predominantly professional offices with a mixture of businesses and restaurants. The subject project proposes to enhance the operational efficiency of Wheeler Road from the I-20 eastbound ramp to Augusta West Parkway. The purpose of this project is to add right turn lanes as needed, add another left turn lane at the intersection with Interstate Parkway, provide pedestrian facilities and upgrade traffic signals. The addition of these features should help alleviate the issues associated with 2013 Congestion Management Process study. Project funding includes federal funding. Georgia DOT requires that, for projects with federal aid funding, local governments enter into a Project Framework Agreement. Analysis:Entering into the Project Framework Agreement with Georgia DOT will allow for federal aid funding to move forward and provide funds necessary to enhance traffic efficiency at this corridor. Financial Impact:GDOT identified federal and state funding source to complete project. Alternatives:1). Approve entering into a Project Framework Agreement with the Georgia Department of Transportation for Wheeler Road from I-20 to Augusta West Parkway Improvements Project (PI #0012867) as requested by AED. 2). Do not approve. Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: GDOT Funds & Proposed Federal Funds REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Engineering Services Committee Meeting 7/12/2016 1:10 PM Willis Foreman Road Improvement Project- Framework Agreement Department:Engineering Presenter:Abie Ladson, Director Caption:Motion to approve entering into a Project Framework Agreement with the Georgia Department of Transportation for the Willis Foreman Road Improvements Project (Deans Bridge Road to Peach Orchard Road) (PI #0013703) as requested by AED. Background:Currently, Willis Foreman Road is a two-way rural connector with a total of two through lanes. The proposed project provides connectivity between two urban major arterials (US 1 and US 25). This area is characterized by a suburban pattern of development and borders the Fort Gordon Military Reservation. The project corridor has been the focus of new residential and commercial development in recent years. A number of single-family residential subdivisions have been developed on the Willis Foremen Road corridor in recent years. Additional single-family and multi-family residential development is anticipated in this part of the city. The subject project proposes to improve the capacity of Willis Foreman Road (CR1515) from Deans Bridge Road (SR4/US1) to Peach Orchard Road (SR121/US25). Improvements include widening to four lanes with landscaped medians and turn lanes as needed, a new bridge over Spirit Creek, upgrading and/or installing traffic signal systems at four intersections and adding curb and gutter, sidewalks and street lights. The project is listed in the Augusta Metropolitan Planning Organization’s (MPO’s) Tier 2 priority Long Range Transportation Plan (LRTP) to widen Willis Foreman Road between US1 (Deans Bridge RD) and US25 (Peach Orchard Rd). The Project is also listed in the MPO’s adopted FY2015-2018 Transportation Improvement Program with PE funding programmed in FY 2018 and the ROW and CST phases outside the adopted TIP fiscal years. Analysis:Entering into the Project Framework Agreement with Georgia DOT will allow for federal aid funding to move forward and provide funds necessary to initiate engineering studies and design at this corridor. Financial Impact:GDOT identified federal and state funding source to complete design phase of the project. Alternatives:1. Motion to approve entering into a Project Framework Agreement with the Georgia Department of Transportation for the Willis Foreman Road Improvements Project (from Deans Bridge Road to Peach Orchard Road) (PI #0013703) as requested by AED. 2. Do not approve. Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: Design Phase Funding (GDOT Funds & Proposed Federal Funds) REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission