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HomeMy WebLinkAbout2017-04-25 Meeting Minutes Engineering Services Committee Meeting Commission Chamber - 4/25/2017 ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; Fennoy, Chairman; Hasan, Vice Chairman; Smith and Frantom, members. ENGINEERING SERVICES 1. Authorize and approve Supplemental Agreement Number Ten (SA10) for the Augusta Levee Certification Project for Cranston Engineering Group, P. C., as requested by AED. SA10 includes: State required Safe Dam Emergency Response Plan & Inspection ($58,600); and USACE Levee noted deficiencies correction action plan including drainage and structural inspections ($177,777). Funds available in Stormwater contractual services budget. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Ben Hasan Commisioner Sean Frantom Passes 2. Consider approval of the contract for the purchase and installation of furniture for 452 Walker Street. (Bid 17-153) Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Ben Hasan Commisioner Sean Frantom Passes 3. Approve to re-establish In-House Demolition Program in house within 60 days and use contract services only for specialized needs as deemed necessary. (Requested by Commissioner Sammie Sias) Item Action: Rescheduled Motions Motion Type Motion Text Made By Seconded By Motion Result Defer Motion to refer this item to the next meeting. Motion Passes 4-0. Commissioner Ben Hasan Commisioner Sean Frantom Passes 4. Approve the deeds of dedication, maintenance agreements, and road resolutions submitted by the Engineering and Augusta Utilities Departments for Manchester Subdivision, Section Seven. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Ben Hasan Commissioner Grady Smith Passes 5. Motion to approve the minutes of the Engineering Services Committee held on April 11, 2017. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Ben Hasan Commisioner Sean Frantom Passes 6. Motion to approve Mobilitie, LLC’s Formal Registration Application to Access the Public Right of Way within Augusta, Georgia for the Provisions of Telecommunications Services as a State-Certified Utility. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Motion to Approve approve. Motion Passes 4-0. Commissioner Ben Hasan Commissioner Grady Smith Passes 7. Approve $2,300,000 to continue the funding for the current On-Call Concrete Repair, Concrete Construction and Emergency Repair Services Contract to Horizon Construction, J&B Construction & Services, Inc., Quality Storm Water Solutions, Winsay, Inc., Blair Construction, Larry McCord, LLC., and Contract Management, Inc. as requested by AED. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Ben Hasan Commissioner Grady Smith Passes 8. Approve $1,000,000 to continue the funding for the On-Call Pothole Repair, Paving and Emergency Repair Services Contract to Blair Construction, Beam’s Contracting, and Georgia-Carolina Paving as requested by AED. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Ben Hasan Commissioner Grady Smith Passes 9. Approve establishing a subcommittee to review and recommend changes to the city ordinance to establish a Streetlight District. (Requested by Commissioner Sammie Sias) Item Action: Rescheduled Motions Motion Type Motion Text Made By Seconded By Motion Result Defer Motion to refer this item to the next meeting. Motion Passes 4-0. Commissioner Ben Hasan Commisioner Sean Frantom Passes www.augustaga.gov 10. Presentation by Ms. Tara Najim regarding building a sidewalk on West Wheeler Parkway to support and encourage our pedestrians. Item Action: Rescheduled Motions Motion Type Motion Text Made By Seconded By Motion Result Defer Motion to refer this item to the next meeting. Motion Passes 4-0. Commissioner Ben Hasan Commisioner Sean Frantom Passes 11. Discuss Windsor Spring Road Widening Project and Augusta Utilities Sewer Connection Program. (Requested by Commissioner Marion Williams) Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve receiving this item as information. Motion Passes 4-0. Commissioner Ben Hasan Commissioner Grady Smith Passes Engineering Services Committee Meeting 4/25/2017 1:05 PM Attendance 4/25/17 Department: Presenter: Caption: Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: AUGUSTA-RICHMOND COUNTY ENGINEERING DEPARTMENT SUPPLEMENTAL AGREEMENT WHEREAS, We, Cranston Engineering Group, PC Consultants entered into a contract with Augusta-Richmond County on February 17, 2009, for engineering design services associated with the Augusta Canal FERC Licensing Process Project, Project No. 324-041110-209824001, and WHEREAS, certain revisions to the design requested by Augusta-Richmond County are not covered by the scope of the original contract, we desire to submit the following Supplemental Agreement to-wit: Corps of Engineers Response and Coordination Port Royal and Waters Edge Structural Encroachment It is agreed that as a result of the above modification the contract amount is increased by $236,377.00 from $1,277,782.00. to a total of $1,514,159.00. This agreement in no way modifies or changes the original contract of which it becomes a part, except as specifically stated herein. NOW, THEREFORE, Cranston Engineering Group, PC Consultant, hereby agree to said Supplemental Agreement consisting of the above mentioned items and prices, and agree that this Supplemental Agreement is hereby made a part of the original contract to be performed under the specifications thereof, and that the original contract is in full force and effect, except insofar as it might be modified by this Supplemental Agreement. RECOMMEND FOR APPROVAL: CITY OF AUGUSTA-RICHMOND COUNTY AUGUSTA, GEORGIA Hardie Davis, Jr., Mayor Approved: Date Approved: Date [ATTACHED CORPORATE SEAL] [ATTACHED CORPORATE SEAL] ATTEST: ATTEST: Title: Title: Augusta Richmond County Project Number(s): 324-041110-209824001 Supplemental Agreement Number: 10 Purchase Order Number: P162085 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 Augusta-Richmond County, Georgia CHANGE NUMBER FOUR 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 change is authorized to CPB# 324-041110-209824001. This project Supplemental Agreement Number Ten includes: State required Safe Dam Emergency Response Plan & Inspection ($58,600); and USACE Levee noted deficiencies correction action plan including drainage and structural inspections ($177,777). Funds available in Stormwater contractual services budget. Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. SPLOST Lake Aumond Dam 340,975$ Special 1% Sales Tax, Phase IV Recapture 283,495$ Special 1% Sales Tax, Phase IV Contingency 19,895$ Re-Appropriation of Funds 3rd Level Improvements Project 100,000$ Phase IV Recapture 69,140$ Stormwater Utility Funds 58,600$ Stormwater Utility Funds 177,777$ 1,049,882$ Section 3: The following amounts are appropriated for the project: By Basin By District Varies $1,049,882 Varies 1,049,882$ Section 4: 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# 324-04-209824001 CAPITAL PROJECT BUDGET AUGUSTA LEVEE Honorable Hardie Davis, Jr., Mayor 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. Thas 1 of 3 9.24.2012 Augusta-Richmond County, Georgia CHANGE NUMBER FOUR CPB# 324-04-209824001 CAPITAL PROJECT BUDGET AUGUSTA LEVEE Augusta-Richmond County, Georgia CHANGE NUMBER FOUR CPB# 324-04-209824001 CAPITAL PROJECT BUDGET AUGUSTA LEVEE CPB AMOUNT ADDITION NEW SOURCE OF FUNDS CPB REQUEST CPB SPLOST PHASE IV 324-041110-5414910-203824088 ($330,000)$0 ($330,000) SPLOST PHASE IV 324-041110-6011110-203824088 ($10,975)$0 ($10,975) SPLOST PHASE IV RECAPTURE 324-041110-207824999 ($372,530)$0 ($372,530) Re-Appropriation of Funds 3rd Level 326-041110-288811014 ($100,000)$0 ($100,000) Stormwater Utility Funds 581-044320 ($58,600)($58,600) Stormwater Utility Funds 581-044320 ($177,777)($177,777) TOTAL SOURCES:($813,505)($236,377)($1,049,882) USE OF FUNDS ENGINEERING 324-04-1110-5212115-209824001 $813,505 $813,505 ENGINEERING 581-04-4320-52.11120 $236,377 $236,377 TOTAL USES:$813,505 $236,377 $1,049,882 3 of 3 9.24.2012 Engineering Services Committee Meeting 4/25/2017 1:05 PM Augusta Levee Certification - SA10 Department:Engineering Presenter:Abie L. Ladson - Director Caption:Authorize and approve Supplemental Agreement Number Ten (SA10) for the Augusta Levee Certification Project for Cranston Engineering Group, P. C., as requested by AED. SA10 includes: State required Safe Dam Emergency Response Plan & Inspection ($58,600); and USACE Levee noted deficiencies correction action plan including drainage and structural inspections ($177,777). Funds available in Stormwater contractual services budget. Background:State of Georgia modified its Safe Dam Rule in late 2016 requiring dam inspections and Emergency Action Plans (ERP). State also shifted inspection and ERP responsibility to dam owners. Other associated requirement is that biannual inspections shall be conducted by a professional engineer qualified by state Dam Safety program. Similar emphases is on federally protected levees such as Augusta Levee. The latest Periodic Inspection (PI) report for the Augusta Levee was released in March 2016 by the Corps of Engineers (USACOE) and deficiencies requiring wide range of correction measures to re-establish levee status to “Active”. AED and the COE have been in constant communications developing an acceptable plan of action for bringing the Levee to “Active” status. Noted deficiencies are of two types: Structural Encroachments and Trees. System- Wide Improvement Framework (SWIF) is one of possible option to bringing the levee to “Active Status. Analysis:State is requiring development of ERP plan by July 1, 2017 for Category 1 dams such as Wrightsboro Regional Stormwater Facility Dam and Aumond Lake Dam. Both Dams are at Rae’s Creek. Cranston Engineering Group has state safe dam program qualified engineering on staff, and also the firm has extensive structural and performance familiarity with Augusta’s flood control structures. Supplementing current contract with Cranston Engineering is cost effective approach to satisfy regulatory requirement in time manner and address levee noted vegetative and structural deficiencies. Also, Cranston past and recent involvement in levee compliance efforts and interaction with the USACE levee staff will be helpful in developing acceptable solution to bringing the levee to “Active Status”. Financial Impact:Funds are available in the stormwater program contract services budget. Alternatives:1). Authorize and approve Supplemental Agreement Number Ten (SA10) for the Augusta Levee Certification Project for Cranston Engineering Group, P. C., as requested by AED. SA10 includes: State required Safe Dam Emergency Response Plan & Inspection ($58,600); and USACE Levee noted deficiencies correction action plan including drainage and structural inspections ($177,777). Funds available in Stormwater contractual services budget. 2). Do not approve and find alternative to complete federal & state mandated flood control structures inspection and maintenance required tasks. Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: stormwater Program Contractual Services Funds REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Invitation to Bid Sealed bids will be received at this office until Thursday, March 16, 2017 @ 11:00 a.m. for furnishing: Bid Item #17-153 Furniture for 425 Walker Street – Augusta Utilities Department Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 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 $10.00. 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, February 2, 2017. Bidders are cautioned that submitting a package without Procurement of a complete set are likely to overlook issues of construction phasing, delivery of goods or services, or coordination with other work that is material to the successful completion of the project. Bidders are cautioned that acquisition of documents through any other source is not advisable. Acquisition of documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. A Mandatory Pre Bid Conference will be held on Tuesday, February 28, 2017 @ 10:00 a.m. in the Procurement Department, 535 Telfair Street, Room 605. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Thursday, March 2, 2017 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. No bids may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. 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 placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle February 2, 9, 16, 23 2017 Metro Courier February 8, 2017 Engineering Services Committee Meeting 4/25/2017 1:05 PM Furniture Package for 452 Walker Street Department:Utilities Presenter:Tom Wiedmeier Caption:Consider approval of the contract for the purchase and installation of furniture for 452 Walker Street. (Bid 17-153) Background:The renovation at 452 Walker Street, formally the AT&T building, is for the purposes of the administrative and customer service offices for both the Augusta Utilities Department and the Augusta Engineering Department. Analysis:Modern Business Solutions was the sole bidder for this project. Their bid was $871,896.45. This original bid was within the budget for the project. Through negotiation, the bid price was lowered to $804,978.32. The Augusta Utilities Department has reviewed the negotiated bid schedule submitted by Modern Business Solutions and finds it to be fair and reasonable. Financial Impact:Funding in the amount of $804,978.32 is available from accounts: 514043490-5423110 / 81500130-5423110, Alternatives:No alternatives are recommended. Recommendation:Augusta Utilities Department recommends the Commission approve the award in the amount of $804,978.32. Funds are Available in the Following Accounts: Funding in the amount of $804,978.32 is available from accounts: 514043490-5423110 / 81500130-5423110. REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Engineering Services Committee Meeting 4/25/2017 1:05 PM In-House Demolition Program Department: Presenter:Commissioner Sammie Sias Caption:Approve to re-establish In-House Demolition Program in house within 60 days and use contract services only for specialized needs as deemed necessary. (Requested by Commissioner Sammie Sias) Background:The outsourced demolition has not worked for the long term. Contracting this service is simply too expensive and the need is too great to continue as we are going. We have the equipment and the personnel (inmates included) to fully conduct this program in house versus paying nearly $6,000.00 to tear down a structure worth little or nothing. The in house demolition program has worked great in the past leaving one to wonder why it was discontinued in the first place. Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Engineering Services Committee Meeting 4/25/2017 1:05 PM Manchester Subdivision Section 7 Dedication Department:Engineering Presenter:Abie L. Ladson, P.E., CPESC, Director Caption:Approve the deeds of dedication, maintenance agreements, and road resolutions submitted by the Engineering and Augusta Utilities Departments for Manchester Subdivision, Section Seven. Background:The final plat for Manchester Subdivision, Section Seven was approved by the Commission on September 20, 2016. The subdivision design and plat for this section, including the storm drain system, have been reviewed and accepted by our engineering staff and the construction has been reviewed by our inspectors. The Utilities Department has inspected and reviewed the water and sanitary sewer installations, and hereby requests acceptance of the utility deed. Analysis:This section meets all codes, ordinances and standards. There are no wetlands or 100-year flood plain boundaries involved in this section. Acceptance of said utility deed shall dedicate, as required, the water and sanitary sewer mains along with the applicable easements to Augusta, Georgia for operation and maintenance Financial Impact:By accepting these roads and storm drainage installations into the County system and after the 18-month maintenance warranty by the developer/contractor for the road and storm drainage has expired, all future maintenance and associated costs will be borne by Augusta, Georgia. By acceptance of the utility deed and maintenance agreement, all future maintenance and associated costs for water and sanitary sewer installations will be borne by Augusta, Georgia, and positive revenue will be generated from the sale of water and sanitary sewer taps and monthly billing of same. Alternatives:1. Approve the deeds of dedication, maintenance agreements, and road resolutions submitted by the Engineering and Augusta Utilities Departments for Manchester Subdivision, Section Seven. 2. Do not approve and risk litigation. Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Engineering Services Committee Meeting Commission Chamber - 4llll20l7 ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; Fennoy, Chairman; Hasan, Vice Chairman; Frantom, member. Absent: Hon. Smith, member. ENGINEERING SERVICES 1. Approve and award the preliminary engineering concept phase of the Design Item Consultant Services Agreement to Wolverton & Associates, Inc., in the amount Action: of $491,688.00 for the 15th Street Pedestrian Improvement Project as requested Approved by the AED. RFQ 16-246 Motions i#:"" Motion rext Made By Seconded By Motion Result Motion Result Delete Motion to approve deleting this item from the agenda. Motion Passes 3-0. Commissioner Commisioner Ben Hasan Sean Frantom rasses 2. Motion to determinethat the alley between Hogan Street and Adrian Street, as Item shown on the attached plat has ceased to be used by the public to the extent that Action: no substantial public purpose is served by it or that its removal from the county Approved road system is otherwise in the best public interest, and to receive as information the results of the public hearing held regarding the issue of abandonment pursuant to O.C.G.A.532-7-2,with the abandoned property to be quit-claimed to the appropriate party(ies), as provided by law and an easement to be retained over the entire abandoned portion for existing or future utilities as directed by Augusta Engineering Department and Augusta Utilities Department and adopt the attached Resolution. Motions f#:"' Motion Text Made By Seconded By Approve Approve Motion to approve. Motion Passes 3-0. Commissioner Ben Commisioner Sean passesHasan Frantom 3. Motion to determine that the 0.06 acres adjacent to 1507 Saint Luke Street, 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 isbtherwise in the best public interest, and to receive as information the results of the public hearing held regarding the issue of abandonment pursuant to O.C.G.A. 532-7-2, with the abandoned property to be quit-claimed to the appropriate party(ies), as provided by law and an easement to be retained over the entire abandoned portion for existing or future utilities as directed by Augusta Engineering Department and Augusta Utilities Department and adopt the attached Resolution. Motion Result Motion Result Item Action: Approved Item Action: Approved Item Action: 4. Motion to determine that a portion of Heath Street, East of Berckmans Road 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 counfy road system is otherwise in the best public interest, pursuant to O.C.G. A. 532-7- 2, with the abandoned property to be quit-claimed to the appropriate party(ies), as provided by law and an easement to be retained over the entire abandoned portion for existing or future utilities as directed by Augusta Engineering Department and Augusta Utilities Department. Motions f#:" Motion Text Made By seconded By Approve Motion to approve. Motion Passes 3-0. Motions ryJ:" Motion Text Made By Seconded By Motion to approve. Motion Passes 3-0. Commissioner Ben Commisioner Sean passesHasan Frantom Commissioner Ben Commisioner Sean passesHasan Frantom 5. Motion to determine that Richmond 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 Approved best public interest, pursuant to O.C.G. A. $32-7-2, with the abandoned property to be quit-claimed to the appropriate party(ies), as provided by law and an easement to be retained over the entire abandoned portion for existing or future utilities as directed by Augusta Engineering Department and Augusta Utilities Department. Motions [-oj*l" Motion Text Made By seconded By Motion'l'YPe - ----- -'t Result Motion to Approve ffiLto;tiurr., fiommissioner Ben f;mmisioner Sean passes 3-0. 6. Approve and authorize implementation of Augusta Engineering Department Item (AED) Reorganization as requested by AED. Funding is available in Action: Engineering SPLOST Admin Funds and Stormwater Utility Services Funds, and Approved no net increase in AED authorized FYlT General Fund budget. Motions []jt1"Il Motion Text Made By Seconded By Motion'lYPe ----- -" -------- -r Result Motion to Approve ffifffiu,,., ;:rff;::f"' $1ilffiI:& passes 3-0. 7. Award Bid Item 17-148 Deans Bridge Road MSW Landfill Phase III-2016 Gas Item Collection and Control System (GCCS) Expansion to SCS Field Services, the Action: lowest responsive bidder. Approved Motions X:11" Motion Text Made By Seconded By Motionrype - - ---- -'t Result Motion to Approve i|Iffiurr", fiommissioner Ben f;;mmisioner Sean passes 3-0. 8. Motion to authorize condemnation to acquire property in fee simple interests Item (Parcel 059-2-767-00-0) - 1437 Twiggs Street. Action: Approved Motions X:j1"" Motion Text Made By Seconded By Motion'l'ype - ----- -" *-------- -" Result Motion to Approve ifliXlt*urr., commissioner Ben f;mmisioner Sean passes 3-0. 9. Motion to authorize condemnation to acquire property in fee simple interests Item (Parcel 088-1-033-00-0) - 155 Aragon Drive. Action: Approved Motions +'#:"' Motion Text Made By seconded By HtJiI Motion to Approve i|LtXlt*u.r.. fi;mmissioner Ben f;mmisioner Sean passes 3-0. 10. Motion to authorize condemnation to acquire property in fee simple interests Item (Parcel 088-3-009-00-0) - 2006 Florida Road. Action: Approved Motions X:':' Morion Text Made By seconded By Motion I YPe Result Motion to Approve i|:,',";'r*r., ;:f#::f*' f;mmisioner Sean passes 3-0. 11. Motion to authorize condemnation to acquire property in fee simple interests Item (Parcel 087-4-129-00-0) -2086 Leona Street. Action: Approved Motions Y:jt1t" Motion Text Made By seconded By MotionI'YPe ''---- -r Result ^ Motion to Commissioner Commisioner SeApprove Jporor.. Ben Hasan Frantom un Pu"t' Motion Passes 3-0. 12. Motion to authorize condemnation to acquire property in fee simple interests Item (Parcel 033-2-114-00-0) -2642 wheeler Road. Action: Approved Motions Motion Motion Text Made By seconded By Motion Type I'res! YJ uluu'uuu uJ Result Motion to Approve f,Xli,o#**r., ;:fffi}f*' f;mmisioner sean passes 3-0. 13. Consider approval of a change order to American Hydro Corporation (formerly Item WEIR American Hydro) (RFQ Item #13-193) for the Goodrich Street RWPS Action: Improvements CIP Project. Approved Motions Motion Motion Text Made By seconded By Hrt#r ype Motion to Approve i|liool'r^r., ;:f#!}f*' f;mmisioner Sean passes 3-0. 14. Approve the installation of six Streetlights on Tripps Court at a cost of $134.36 ltem per month. This is also to approve a new lighting tax district for the 13 lots Action: associated with the above road. Funding is available in the Street Lighting Approved budget account. #27 604161 053 I 23 I 0 Motions X:':" Motion Text Made By Seconded By Motion I ype -.---- -'I Result Motion to ^ approve. Commissioner Commisioner SeApprove iiotion passes Ben Hasan Frantom 'u' Pu,,., 3-0. 15. Approve and authorize a contract with Cranston Engineering, the City and the Item DDA in the amount of $125,680.00 for the design services for Phase II James Action: Brown Streetscape Project. Approved Motions X:':'" Morion Text Made By Seconded By Motion lYPe -'---- -J vvvv'slu sJ Result Motion to Approve ffi1,1""h^.., ;:f#Hf*' F;mmisioner Sean passes 3-0. 16. Motion to approve the minutes of the Engineering Services Committee held on Item March 14,2017. Action: Approved Motions Y:'1" Motion Text Made By seconded By MotionIYPe -''--- -r Result Motion to Approve ffi|ffi*.* ;:fff]'uf*' f;mmisioner Sean passes 3-0. www.auqustaqa.sov Engineering Services Committee Meeting 4/25/2017 1:05 PM Minutes Department:Clerk of Commission Presenter: Caption:Motion to approve the minutes of the Engineering Services Committee held on April 11, 2017. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: AGENDA ITEM Engineering Services Committee April 25, 2017 Motion to approve Mobilitie, LLC’s Formal Registration Application to access the public right of way within Augusta, Georgia for the provisions of telecommunications services as a State-Certified Utility. Department: Law Caption: Motion to approve Mobilitie, LLC’s Formal Registration Application to access the public right of way within Augusta, Georgia for the provisions of telecommunications services as a State-Certified Utility. Background: Mobilitie, LLC’s “Registration Information” has been submitted and is attached, along with a letter of its statement of purpose and functions. Analysis: The Official Code of Georgia Annotated, Title 46, Chapter 5, Article 1 regulates the registration information to be furnished to the governing body of the political subdivision of the State of Georgia by providers of telecommunication services as State Certified Utilities in public roads and highways and/or right of ways. Mobilitie, LLC has submitted its initial registration application in accordance with such provisions. In its application, Mobilitie, LLC has provided, among other things, a description of the service area and map, services to be provided, and its affirmative declaration to comply with all applicable laws, ordinances and regulations of Augusta, the State of Georgia and the federal government. Financial Impact: Mobilitie, LLC will pay to Augusta an annual license fee for any new Mobilitie poles or ground mountings and any Communications Facilities initially installed thereon by Mobilitie, $1,350.00 per site, per year, permit, which shall escalate each year by three percent (3%); or for attachments of Communications Facilities to third-party poles, $500.00 per site, per year, per permit. Further, Mobilitie shall pay the City a fee of $500.00 per year for any other carrier that subsequently collocates communications equipment on a new Mobilitie pole or ground mounting beyond the initial installation of Communications Facilities. Said fees are set forth in the attached Memorandum of Understanding. Alternatives: Approve or deny request application. Recommendation: Approve Mobilitie, LLC’s application and accept the attached Memorandum of Understanding in accordance with the laws, ordinances and regulations of Augusta, Georgia; State of Georgia; and, the FCC. Funds are Available in Following Accounts: REVIEWED AND APPROVED BY: 1 MASTER RIGHT OF WAY LICENSE AGREEMENT This Master Right of Way Agreement (the “Agreement”) made this 4th of April 2017 (“Effective Date”), between AUGUSTA, GEORGIA, with its principal offices located at 535 Telfair Street, Augusta GA 30901 (hereinafter designated “CITY”) and MOBILITIE, LLC, a Nevada limited liability company with its principal offices located at 2220 University Drive, Newport Beach, CA 92660 (hereinafter designated “MOBILITIE”). CITY and MOBILITIE are at times collectively referred to hereinafter as the “Parties” or individually as a “Party”. WITNESSETH WHEREAS, the CITY desires to promote the health, safety and general welfare of the public by regulating the siting and placement of communications technologies in the public rights of way, including the encouragement of location and collocation of communications technologies on existing structures to the maximum extent possible; and WHEREAS, pursuant to O.C.G.A. 46-5-1 et seq. telephone companies shall comply with all applicable local laws and regulations, including municipal ordinances and regulations, regarding the placement and maintenance of facilities in the public rights of way; and WHEREAS, MOBILITIE desires to install, maintain and operate communications facilities in and/or upon the CITY’s right-of-way (“Right-of-Way”); and WHEREAS, CITY and MOBILITIE desire to enter into this Agreement to define the general terms and conditions which will govern their relationship with respect to particular sites at which CITY may wish to permit MOBILITIE to install, maintain and operate communications facilities as hereinafter set forth; and WHEREAS, CITY and MOBILITIE acknowledge that, subject to CITY’s issuance of Permits (as such term is defined in this Agreement) to MOBILITIE, the Parties will enter into Permit agreements with respect to particular locations or sites which the CITY agrees to license for use. NOW, THEREFORE, in consideration of the mutual covenants contained herein and intending to be legally bound hereby, the Parties hereto agree as follows: 1. PREMISES. Subject to Permit requirements set forth in Paragraph 2 and pursuant to all of the terms and conditions of this Agreement, the CITY agrees to permit MOBILITIE certain space (the “Space”) located on a portion of CITY’s Right-of-Way (the “Property”), for the installation, operation and maintenance of communications facilities. Subject to Permit requirements set forth in Paragraph 2, the CITY shall permit MOBILITIE to place antennas and other associated communications equipment within the CITY’s Right-of-Way, together with such additional space on the Property sufficient for the installation, operation and maintenance of antennas (the “Antenna Space”) and associated communications equipment that are owned by MOBILITIE and/or that are owned by MOBILITIE’S customers and maintained, controlled, and managed by MOBILITIE, whether on existing poles or ground-mounted (collectively, the “Communications Facility(ies)”); together with such additional space on and over the Property 2 for the installation, operation and maintenance of wires, cables, conduits and pipes (the “Cabling Space”) running between and among the Space and Antenna Space and to all necessary electrical and telephone utility sources located on the Property as necessary for the communications equipment; together with the non-exclusive right of ingress and egress from CITY’s Right-of-Way, seven (7) days a week, twenty four (24) hours a day (provided, however, if lane closure is involved, subject to approved Permit or work restrictions due to holidays and storm emergencies), over the Property to and from the Premises (as hereinafter defined) for the purpose of installation, operation and maintenance of the Communications Facility. If no existing location or collocation can accommodate the proposed Communications Facility due to technical or physical circumstances, then, MOBILITIE may request Space for the construction and installation of new poles or ground-mountings. The Space, Antenna Space and Cabling Space are hereinafter collectively referred to as the “Premises” and shall be as described in each Permit to be executed by the Parties. In the event there are not sufficient electric, telephone, cable or fiber utility sources located on the Property, CITY agrees to grant MOBILITIE or the local utility provider the right to install such utilities on, over and/or under the Property necessary for MOBILITIE to operate its Communications Facility, provided that MOBILITIE or such utility provider has applied for and received a Permit in accordance with Paragraph 2 below. The Parties acknowledge that currently-existing policies of CITY, as well as of the Federal Highway Administration, prohibit utility location on fully-controlled-access roads such as the Interstate Highway System. Therefore, this Agreement shall cover only non-controlled-access routes. 2. PERMITS. Prior to commencing any work on the Property or the Premises, MOBILITIE shall have applied for and obtained an approved permit from the City Engineer within CITY’s Engineering Department (hereinafter a “Permit”). The Permit, if granted, will allow MOBILITIE the right to construct its Communications Facility and maintain a service utility line for a maximum distance of fifty-two feet (52’) within the Right-of-Way. Each Permit shall be in accordance with all applicable provisions of the CITY Code as may be amended from time to time and the Utilities Accommodation Policy and Standards Manual (“UAM”) including all references contained therein to codes, rules, regulations, schedules, forms and appendix items, except Appendix B (Permit Forms and supporting Documents), promulgated by the Georgia Department of Transportation, as may be amended from time to time. MOBILITIE will apply for a Permit for each separate site for which MOBILITIE desires to locate a Communications Facility and abide by the terms of that Permit. MOBILITIE shall use the Premises only in accordance with good engineering practices and in compliance with all applicable Federal Communications Commission (“FCC”), Federal, State, and Local laws, regulations and rules. With each permit application, MOBILITIE shall furnish the CITY with detailed construction plans and drawings for each individual Property and Premises, together with necessary maps, indicating specifically the existing poles to be used, the number and character of the attachments to be placed on such poles, equipment necessary for MOBILITIE’s use, replacements of existing pole(s), any new or additional pole(s) which may be required (with specific dimensions and details), and any new installations for transmission conduit, pull boxes, and appurtenances. 3 MOBILITIE must obtain and submit to the CITY a structural engineering study carried out by a qualified structural engineer, showing that the pole(s) is (are) able to support the proposed facilities. If the study finds that any proposed structure is inadequate to support the proposed antenna loads, CITY may decline to permit installation. If the Permit is for construction and installation of new poles or ground-mountings, MOBILITIE must also submit evidence demonstrating the technical or physical circumstances that prevent the location or collocation of its Communications Facilities on existing Premises. Regarding each individual Permit application, if, in the judgment of the CITY, MOBILITIE’s use under the circumstances is undesirable, the CITY shall have the right to reject the Permit application in its reasonable discretion. In any event, within thirty (30) days after the receipt of such application, the CITY shall notify MOBILITIE in writing whether the application is approved or rejected and, in the case of rejection, the reason(s) why the application was rejected. Where an application is rejected and the reasons for rejection are capable of being cured, the CITY shall, if consistent with the procedures set forth in the CITY Code, provide MOBILITIE with a reasonable opportunity to cure the deficiencies in the application without having to re-submit a new application. Each individual Permit may be approved by the City Engineer or his/her designee. In assessing Permit applications for the construction and installation of new poles or ground- mountings, the CITY will consider siting and location, height, setbacks, aesthetics and visibility, environmental standards, safety standards and other relevant factors related to the CITY’S desire to encourage location and collocation and the orderly development of telecommunications infrastructure. In all instances, location and collocation is preferred, followed by concealed or stealth configurations. New poles and ground-mountings should also be consistent with existing infrastructure in the Right-of-Way to the extent possible and should be designed, constructed, and operated to accommodate collocation of communications equipment, including communications equipment of other operators. 3. CITY OPERATION OF TRAFFIC LIGHT SIGNAL OR STREET LIGHT SYSTEM; EMERGENCIES. MOBILITIE acknowledges that the Property, inclusive of the Premises, may be used to provide traffic control and street lighting for the residents of the CITY. The Parties agree that this Agreement does not in any way limit CITY’s right to operate and maintain traffic lights and street lights in the manner that best enables the functioning thereof and protects public safety. In case of an emergency arising from or related to the Communications Facilities (“emergency” being defined for purposes of this Agreement as an event which the CITY determines as posing an immediate threat of substantial harm or damage to the health, safety and welfare of the public and/or the Property and/or Premises), CITY shall have the right to act as necessary to protect the public health and safety of its citizens, and to protect public and private property. CITY will make every reasonable effort to coordinate its emergency response with MOBILITIE, provided, however, that where CITY requires emergency access to the Property and Premises, CITY shall contact MOBILITIE promptly and in no event later than twenty-four (24) hours after such access. During the course of said emergency, CITY may, in its reasonable discretion, remove the Communications Facilities, provided, however, that such removal, where possible, be performed only by qualified personnel. MOBILITIE shall be responsible for the costs arising out of such 4 removal, unless the emergency that caused the removal was the result of the acts or omissions of the CITY or a third party. CITY shall give MOBILITIE notice of said removal as soon as practicable under the circumstances, and shall work in cooperation with MOBILITIE to restore the removed Communications Facilities expeditiously. 4. TERM; FEES. This Agreement shall be for a term of twenty-five years (the “Term”) commencing upon the execution hereof by both Parties. Either Party may seek renewal of this Agreement by providing written notice to the other Party no less than six (6) months prior to expiration of the Term. Any renewal of this Agreement shall be on such terms as the Parties may mutually agree upon in writing. Each Permit shall have an initial term of five (5) years and said term shall commence upon execution of said Permit by both Parties (the “Commencement Date”). The Annual License Fee (as defined in Paragraph 5 hereunder) for all facilities installed pursuant to said Permit will commence and be due on the first day of the month following installation (the “License Fee Commencement Date”), provided, however, that the initial Annual License Fee payment for each Permit shall be made thirty (30) days after the License Fee Commencement Date. Thereafter, on each annual anniversary of the License Fee Commencement Date, MOBILITIE shall pay the Annual License Fee. The Annual License Fee shall be paid to the CITY in accordance with Paragraphs 5 and 16 below. CITY and MOBILITIE agree that they shall acknowledge, in writing, the License Fee Commencement Date of each Permit. 5. CONSIDERATION. MOBILITIE shall pay to the CITY a license fee (“Annual License Fee”), which under this Agreement shall be as follows: (i) for new MOBILITIE poles or ground mountings and any Communications Facilities initially installed thereon by MOBILITIE, $1,350.00 per site, per year, per Permit, which shall escalate each year by three percent (3%); (ii) for attachments of Communications Facilities to third-party poles, $500.00 per site, per year, per Permit. Further, MOBILITIE shall pay to the CITY a fee of $500.00 per year for any other carrier that subsequently collocates communications equipment on a new MOBILITIE pole or ground mounting beyond the initial installation of Communications Facilities thereon (the “Rental Fee”). Any payment not made within thirty (30) days from the due date shall bear interest at the rate of 1.5% per month until paid, or if 1.5% exceeds the maximum rate allowed by law, then at the maximum rate allowed by law. The Parties agree that they will renegotiate the Annual License Fee and the Rental Fee by the date that is ten (10) years from the date of this Agreement (the “Renegotiation Deadline”), and that should the Parties fail to successfully renegotiate the Annual License Fee or the Rental Fee by the Renegotiation Deadline, either Party may elect to terminate this Agreement upon sixty (60) days’ notice to the other Party. 6. EXTENSIONS. So long as the Term is still in effect, each Permit shall automatically be extended for four (4) additional five (5) year terms unless terminated by MOBILITIE via written notice of the intent to terminate at least thirty (30) days prior to the end of the then-current term. Notwithstanding anything herein, after the expiration of this Agreement, its terms and conditions shall survive and govern with respect to any remaining Permit in effect until the expiration of its then-current term, or until termination. 5 7. USE; GOVERNMENTAL APPROVALS. MOBILITIE shall use the Premises for the purpose of constructing, maintaining, repairing and operating a Communications Facility and uses incidental thereto as set forth in the Permit. MOBILITIE shall have the right to replace, repair, add or otherwise modify the utilities, equipment, antennas and/or conduits or any portion thereof and the frequencies over which the equipment operates, whether the equipment, antennas, conduits or frequencies are specified or not on any exhibit attached to a Permit, during the Term as per the permitting procedures in the UAM, applicable CITY Code, and state and federal law, provided, however, that modifications shall not be subject to additional permitting to the extent that (i) such modification to the attachment involves only substitution of internal components, and does not result in any change to the external appearance, dimensions, or weight of the attachment, as approved by the CITY; or (ii) such modification involves replacement of the attachment with an attachment that is the same, or smaller in weight and dimensions as the approved attachment. It is understood and agreed that MOBILITIE’s ability to use the Premises is contingent upon its obtaining, after the execution date of each Permit, all of the certificates, permits and other approvals (collectively the “Governmental Approvals”) that may be required by any Federal, State or Local authorities as well as, where applicable, a satisfactory building structural analysis which will permit MOBILITIE use of the Premises as set forth above. CITY shall cooperate with MOBILITIE in its effort to obtain such approvals and, except as otherwise provided in Paragraph 2 of this Agreement, shall take no action which would adversely affect the status of the Property or the Premises with respect to the proposed use thereof by MOBILITIE. In the event that (i) any applications for any Governmental Approvals should be finally rejected; (ii) any such Governmental Approval issued to MOBILITIE is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority; and (iii) MOBILITIE determines that such Governmental Approvals may not be obtained in a timely manner, MOBILITIE shall have the right to terminate the applicable Permit. Notice of MOBILITIE’s exercise of its right to terminate shall be given to CITY in accordance with the notice provisions set forth in Paragraph 16 and shall be effective upon the mailing of such notice by MOBILITIE, or upon such later date as designated by MOBILITIE. All fees paid to said termination date shall be retained by CITY. Upon such termination, the applicable Permit shall be of no further force or effect except to the extent of the representations, warranties and indemnities made by each Party to the other thereunder. Otherwise, MOBILITIE shall have no further obligations for the payment of fees to CITY for the terminated Permit. 8. INDEMNIFICATION. MOBILITIE shall indemnify and hold CITY harmless against any claim of liability or loss from personal injury or property damage resulting from or arising out of the negligence or willful misconduct of MOBILITIE, its employees, contractors or agents, except to the extent such claims or damages may be due to or caused by the negligence or willful misconduct of CITY, or its employees, contractors or agents. Notwithstanding any other provision of this Agreement, no Party shall be liable in connection with this Agreement or any Permit for consequential, special, indirect, incidental, or punitive damages (including but not limited to lost revenues, loss of equipment, interruption or loss of service, or loss of data) for any cause of action, whether in contract, tort, or otherwise, even if the Party was or should have been aware of the possibility of these damages, whether under theory of contract, tort (including negligence), strict liability, or otherwise. 6 9. INSURANCE. MOBILITIE will maintain commercial general liability insurance with a combined single limit not less than $2,000,000 for injury to or death of one or more persons and damage or destruction to property in any one occurrence. MOBILITIE will include CITY as an additional insured. 10. INTERFERENCE. MOBILITIE agrees to install equipment of the type and frequency which will not cause harmful interference which is measurable in accordance with then-existing industry standards to any equipment of CITY or other permitted users of the Property which existed on the Property prior to the date this Agreement is executed by the Parties. In the event any after-installed Communications Facility causes such interference, and after CITY has notified MOBILITIE in writing of such interference, MOBILITIE will take all commercially reasonable steps necessary to correct and eliminate the interference, including but not limited to, at MOBILITIE’s option, powering down such equipment and later powering up such equipment for intermittent testing. In no event will CITY be entitled to terminate a Permit or relocate the equipment as long as MOBILITIE is making a good faith effort to remedy the interference issue. CITY shall, with reasonable notice to MOBILITIE, be entitled to power down immediately or cause to be powered down the Communications Facility where the interference is with traffic-control devices. CITY shall provide MOBILITIE no less than thirty (30) days of any planned or routine maintenance of traffic control devices located where MOBILITIE has installed its facilities. CITY agrees that any other permitted users of the Property who currently have or in the future take possession of the Property will be permitted to install only such equipment that is of the type and frequency which will not cause harmful interference which is measurable in accordance with then-existing industry standards to the then-existing equipment of MOBILITIE. The Parties acknowledge that there will not be an adequate remedy at law for noncompliance with the provisions of this Paragraph and therefore, either Party shall have the right to equitable remedies, such as, without limitation, injunctive relief and specific performance. 11. REMOVAL AT END OF TERM; ABANDONMENT OF RIGHT-OF-WAY; RELOCATION. MOBILITIE shall, upon expiration of the Term, or within ninety (90) days after any earlier termination of a Permit, remove its equipment, conduits, fixtures and all personal property and restore the Premises to its original condition, reasonable wear and tear and casualty damage excepted. CITY agrees and acknowledges that the Communications Facilities, conduits, fixtures and personal property shall remain the personal property of MOBILITIE and MOBILITIE shall have the right to remove the same at any time during the Term, whether or not said items are considered fixtures and attachments to real property under applicable laws. The Parties recognize that CITY may hold an easement interest only in certain of its rights-of-way. Upon abandonment by CITY of a highway or section thereof, MOBILITIE may have no rights against the owner of the underlying fee estate to maintain its facilities. MOBILITIE shall have no right to cause CITY to continue to operate the road. In the event, in its sole discretion, CITY determines it is in the public interest to abandon said Right-of-Way, the applicable Permit shall terminate upon sixty (60) days’ notice to MOBILITIE prior to abandonment (or, in the cases of exigency, such notice as is reasonable under the circumstances) and no further fees will accrue. 7 If at any time during the period of this Agreement, CITY shall lawfully elect to vacate, relocate, abandon, alter, reconstruct or change the grade of any street, sidewalk, alley or other public way including any related drainage and utility areas, MOBILITIE, upon reasonable notice from CITY, shall remove, relay, and relocate its wires, cables, poles and other fixtures and equipment at its own expense and within reasonable time schedules established by CITY. Should MOBILITIE refuse or fail to remove its equipment as provided for herein within 45 days after written notification, CITY shall have the right to do such or cause it to be done and full cost thereof shall be chargeable to MOBILITIE, or in the alternative, to consider such failure by MOBILITIE to remove its equipment as abandonment of all ownership rights in said property. In the event MOBILITIE must remove or relocate its equipment pursuant to the terms of this Section 11, CITY shall cooperate with MOBILITIE in its reasonable efforts to identify an alternative site for MOBILITIE’s use and will make a reasonable attempt to coordinate relocation in order to minimize any service disruption. 12. RIGHTS UPON SALE. Except as provided in Paragraph 11 above regarding abandonment, should CITY, at any time during the Term of any Permit decide (i) to sell or transfer all or any part of the Property to a purchaser other than MOBILITIE , or (ii) to grant to a third party by easement or other legal instrument an interest in and to that portion of the Property occupied by MOBILITIE, or a larger portion thereof, for the purpose of operating and maintaining Communications Facilities or the management thereof, such sale or transfer, or grant of an easement or interest therein shall be under and subject to the Permit and any such purchaser, transferee or grantee shall recognize MOBILITIE’S rights hereunder and under the terms of the Permit. In the event that CITY completes any such sale, transfer, or grant described in this Paragraph without executing an assignment of the Permit whereby the third party agrees in writing to assume all obligations of CITY under the Permit, then CITY shall not be released from its obligations to MOBILITIE under the Permit, and MOBILITIE shall have the right to look to CITY and the third party for the full performance of the Permit. 13. MOBILITIE’S RIGHT OF TERMINATION. Notwithstanding any other provision of this Agreement, MOBILITIE may, in its sole discretion, terminate any Permit on thirty (30) days’ notice to the CITY at any time without any further liability for any Annual License Fees attributable to said Permit, so long as MOBILITIE is not in default with respect to said Permit. 14. GOVERNING LAW AND VENUE. This Agreement is a Georgia agreement made under the laws of the State. It will be enforced according to Georgia law without regard to its conflict of laws rules or any other rules directing referral to foreign law or forums. Each Party hereby agrees to execute an acknowledgment of service of process at the request of the other Party in any litigation related to this Agreement. In the event that a Party does not provide an acknowledgment of service as agreed, each Party consents to service of process at that Party’s address as set forth in Paragraph 16 (Notices). It is further agreed that in the event any court action is brought directly or indirectly by reason of this Agreement, the courts of Augusta- Richmond County shall have jurisdiction over the dispute and venue shall be in such County. 15. ASSIGNMENT. This Agreement, and each Permit under it, may be sold, assigned or transferred by MOBILITIE without any approval or consent of the CITY to any parent, subsidiary, affiliate, or any person, firm or corporation that shall control, be under the control of, or be under 8 common control with MOBILITIE, or to any entity into which MOBILITIE may be merged or consolidated or which purchases substantially all of the assets of MOBILITIE that are subject to this Agreement. As to other parties, this Agreement and each Permit may not be sold, assigned or transferred without the written consent of the CITY, which such consent will not be unreasonably withheld, delayed or conditioned. No change of stock ownership, partnership interest or control of MOBILITIE or transfer upon partnership or corporate dissolution of MOBILITIE shall constitute a sale, assignment, or transfer hereunder. Notwithstanding the foregoing, MOBILITIE may provide capacity across the Communications Facilities to a third party without the consent required under this paragraph, so long as MOBILITIE retains control over and remains solely responsible for such Communications Facilities. The use of the Communications Facilities by third parties (including, but not limited to, leases of dark fiber) that involves no additional attachment is not considered a sublicense to a third party subject to the provisions of this paragraph. MOBILITIE shall provide written notice of all sales, assignments or transfers within 60 days thereof. 16. NOTICES. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier’s regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier’s receipt from the sender, addressed as follows (or any other address that the Party to be notified may have designated to the sender by like notice): CITY Attn: Mayor City of Augusta 535 Telfair Street, 2nd Floor Augusta, GA 30901 With Copy to: Director, Augusta Engineering Department 535 Telfair Street, Building 4000 Augusta, GA 30901 MOBILITIE: Attn: Legal Department MOBILITIE, LLC 2220 University Drive Newport Beach, CA 92660 Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. 17. DEFAULT. In the event there is a breach by a Party with respect to any of the provisions of this Agreement or its obligations hereunder, the non-breaching Party shall give the breaching Party written notice of such breach. After receipt of such written notice, the breaching Party shall have thirty (30) days in which to cure any breach, provided the breaching Party shall have such extended period as may be required beyond the thirty (30) days if the breaching Party commences the cure within the thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. The non-breaching Party may not maintain any action or effect 9 any remedies for default against the breaching Party unless and until the breaching Party has failed to cure the breach within the time periods provided in this Paragraph. 18. REMEDIES. In the event of a default by either Party with respect to a material provision of this Agreement, without limiting the non-defaulting Party in the exercise of any right or remedy which the non-defaulting Party may have by reason of such default, the non-defaulting Party may, after fifteen (15) days written notice and an additional fifteen (15) days to cure such default, terminate the applicable Permit and/or pursue any remedy now or hereafter available to the non-defaulting Party under the laws or judicial decisions of the State of Georgia. Further, upon a default, the non-defaulting Party may at its option (but without obligation to do so), perform the defaulting Party’s duty or obligation on the defaulting Party’s behalf, including but not limited to, obtaining of reasonably required insurance policies. The costs and expenses of any such performance by the non-defaulting Party shall be due and payable by the defaulting Party upon invoice therefor. If MOBILITIE undertakes any such performance on CITY’s behalf and CITY does not pay MOBILITIE the full undisputed amount within thirty (30) days of its receipt of an invoice setting forth the amount due, MOBILITIE may offset the full undisputed amount due against all fees due and owing to CITY under the applicable Permit until the full undisputed amount is fully reimbursed to MOBILITIE. 19. ENVIRONMENTAL. Except as permitted by law, neither Party will allow any hazardous substances, including without limitation, any and all pollutants, wastes, flammables, explosives, radioactive materials, hazardous materials, hazardous wastes, hazardous or toxic substances and all other materials defined by or regulated under any Environmental Law, including those defined by the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (“CERCLA”), 42 U.S.C. § 9604, pollutants or contaminants as defined in CERCLA, 42 U.S.C. § 9604(A)(2), or hazardous waste as defined in the Resources Conservation and Recovery Act (“RCRA”), 42 U.S.C. § 6903, or other similar applicable Federal or State laws or regulations, to be generated, released, stored, or deposited over, beneath, or on the Premises or Property or on any structures located on the Premises from any source whatsoever. 20. CASUALTY. In the event of damage by fire or other casualty to the Premises that cannot reasonably be expected to be repaired within thirty (30) days following same or, if the Property is damaged by fire or other casualty so that such damage may reasonably be expected to disrupt MOBILITIE’s operations at the Premises for more than thirty (30) days, then MOBILITIE may, at any time following such fire or other casualty, provided CITY has not completed the restoration required to permit MOBILITIE to resume its operation at the Premises, may terminate the Permit upon fifteen (15) days prior written notice to CITY. Any such notice of termination shall cause the Permit to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of the Permit and the Parties shall make an appropriate adjustment, as of such termination date, with respect to payments due to the other under the Permit. Notwithstanding the foregoing, the Annual License Fee and the Rental Fee shall abate during the period of repair following such fire or other casualty in proportion to the degree to which MOBILITIE’s use of the Premises is impaired. 21. AUTHORIZED ENTITIES. This Agreement is entered into by the Parties each on its own behalf and for the benefit of: (i) any entity in which the Party directly or indirectly holds an 10 equity or similar interest; (ii) any entity which directly or indirectly holds an equity or similar interest in the Party; or (iii) any entity directly or indirectly under common control with the Party. Each Party and each of the entities described above are referred to herein as an “Authorized Entity”. No obligation is incurred or liability accepted by any Authorized Entity until that Authorized Entity enters into a site specific Permit. Only the Party and the Authorized Entity executing a Permit are responsible for the obligations and liabilities related thereto arising under that Permit and this Agreement. All communications and invoices relating to a Permit must be directed to the Authorized Entity signing the Permit. A default by any Authorized Entity will not constitute or serve as a basis for a default by any other Authorized Entity not a party to the applicable Permit. 22. CHANGE OF LAW. If any Federal, State or Local laws or regulations (including binding non-appealable judicial interpretations thereof) that govern any aspect of the rights or obligations of the Parties under this Agreement shall change after the Effective Date and such change makes such rights or obligations in violation with the then-effective law, then the Parties agree to promptly amend, by mutual agreement, the Agreement as reasonably required to comply with any such legal or regulatory change; provided, however, that where such change of law mandates modification of the consideration to be paid pursuant to Paragraph 5 of this Agreement, said change of law shall apply only to Communications Facilities for which Permits are issued on or after the effective date of said change of law. 23. MISCELLANEOUS. This Agreement and the Permits that may be executed from time to time hereunder contain all agreements, promises and understandings between the CITY and MOBILITIE regarding this transaction, and no oral agreement, promises or understandings shall be binding upon either the CITY or MOBILITIE in any dispute, controversy or proceeding. If any part of any provision of this Agreement shall be held to be invalid or unenforceable under applicable law, said part shall be ineffective to the extent of such invalidity or unenforceability only, without in any way affecting the remaining parts of said provision or the remaining provisions of this Agreement. This Agreement may not be amended or varied except in a writing signed by all Parties. This Agreement shall extend to and bind the, successors and assigns hereto. The failure of either Party to insist upon strict performance of any of the terms or conditions of this Agreement or to exercise any of its rights hereunder shall not waive such rights, and such Party shall have the right to enforce such rights at any time. The performance of this Agreement via each Permit shall be governed interpreted, construed and regulated by the laws of the State of Georgia (now and as it may be amended or interpreted in the future), without reference to its conflicts of law principles. This Agreement is subject to all applicable Federal, State and Local laws, and regulations, rulings and orders of governmental agencies. IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their respective seals the day and year first above written and have caused this Agreement to be executed in separate counterparts, each to be considered an original by their authorized representative. [Remainder of page intentionally left blank; signature page to follow.] 11 WITNESS CITY: AUGUSTA, GEORGIA By: ______ Name: __________________________ Title: __________________________ Date: WITNESS MOBILITIE, LLC By: ______ Name: __________________________ Title: __________________________ Date: Engineering Services Committee Meeting 4/25/2017 1:05 PM Motion to Approve Mobilitie, LLC’s Formal Registration Application to Access the Public Right of Way within Augusta, Georgia for the Provisions of Telecommunications Services as a State-Certified Utility. Department:Law Presenter:Wayne Brown Caption:Motion to approve Mobilitie, LLC’s Formal Registration Application to Access the Public Right of Way within Augusta, Georgia for the Provisions of Telecommunications Services as a State-Certified Utility. Background:Mobilitie, LLC’s “Registration Information” has been submitted and is attached, along with a letter of its statement of purpose and functions. Analysis:The Official Code of Georgia Annotated, Title 46, Chapter 5, Article 1 regulates the registration information to be furnished to the governing body of the political subdivision of the State of Georgia by providers of telecommunication services as State Certified Utilities in public roads and highways and/or right of ways. Mobilitie, LLC has submitted its initial registration application in accordance with such provisions. In its application, Mobilitie, LLC has provided, among other things, a description of the service area and map, services to be provided, and its affirmative declaration to comply with all applicable laws, ordinances and regulations of Augusta, the State of Georgia and the federal government. Financial Impact:Mobilitie, LLC will pay to Augusta an annual license fee for any new Mobilitie poles or ground mountings and any Communications Facilities initially installed thereon by Mobilitie, $1,350.00 per site, per year, permit, which shall escalate each year by three percent (3%); or for attachments of Communications Facilities to third-party poles, $500.00 per site, per year, per permit. Further, Mobilitie shall pay the City a fee of $500.00 per year for any other carrier that subsequently collocates communications equipment on a new Mobilitie pole or ground mounting beyond the initial installation of Communications Facilities. Said fees are set forth in the attached Master Right of Way License Agreement. Alternatives:Approve or deny request application. Recommendation:Approve Mobilitie, LLC’s application and accept the attached Memorandum of Understanding in accordance with the laws, ordinances and regulations of Augusta, Georgia; State of Georgia; and, the FCC. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Engineering Services Committee Meeting 4/25/2017 1:05 PM On-Call Concrete Repair, Concrete Construction and Emergency Repair Services, BID ITEM #16-155 Department:Engineering Presenter:Abie Ladson - Director Caption:Approve $2,300,000 to continue the funding for the current On- Call Concrete Repair, Concrete Construction and Emergency Repair Services Contract to Horizon Construction, J&B Construction & Services, Inc., Quality Storm Water Solutions, Winsay, Inc., Blair Construction, Larry McCord, LLC., and Contract Management, Inc. as requested by AED. Background:Augusta Commission established Stormwater Utility (SWU) Program effective January 1, 2016. One of the key elements of SWU is establishing proactive infrastructure maintenance program that includes Maintenance of storm conveyance system, restoration of drainage impacted areas and improving local watersheds. On-call services are integral part of SWU Program delivery as determined by AED that supplementing engineering maintenance resources with an on-call services such as Concrete Repair, Concrete Construction and Emergency Repair Services is a practical approach to complete and sustain much needed maintenance services in a timely manner on watershed level. Such services are essential to minimizing public safety risks, damages to public property and associated potential hazard liabilities. Analysis:On August 16, 2016, the Augusta Commission approved the On- Call Concrete Repair, Concrete Construction and Emergency Repair Services Contract to Horizon Construction, J&B Construction & Services, Inc., Quality Storm Water Solutions, Winsay, Inc., Blair Construction, Larry McCord, LLC., and Contract Management, Inc. Additional funds allocation to this contract is needed to help maintain current level of services. Financial Impact:Funds are available in the amount of $2,300,000 in SPLOST VII- Grading & Drainage (Stormwater). Alternatives:1). Approve $2,300,000 to continue the funding for the current On-Call Concrete Repair, Concrete Construction and Emergency Repair Services Contract to Horizon Construction, J&B Construction & Services, Inc., Quality Storm Water Solutions, Winsay, Inc., Blair Construction, Larry McCord, LLC., and Contract Management, Inc. as requested by AED. 2). Do not approve and identify alternate way to provide needed maintenance services. Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: SPLOST VII –Grading & Drainage (Stormwater). REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Engineering Services Committee Meeting 4/25/2017 1:05 PM On-Call Pothole Repair, Paving and Emergency Repair Services #16-161 Department:Engineering Presenter:Abie L. Ladson - Director Caption:Approve $1,000,000 to continue the funding for the On-Call Pothole Repair, Paving and Emergency Repair Services Contract to Blair Construction, Beam’s Contracting, and Georgia-Carolina Paving as requested by AED. Background:Effective January 1, 2016, the Augusta Commission authorized a Stormwater Utility (SWU) Program be implemented. One of the key elements of the SWU Program is establishing a proactive Infrastructure Program, that would include repair of roadway storm conveyance systems and restoration of drainage impacted roadways. It was determined by AED to supplement AED’s present infrastructure resources with on-call services such as pothole repairs, paving, and emergency repairs. This additional resource would afford AED a practical approach to completing and sustaining much needed infrastructure services in a timely and efficient manner. Such services are essential to minimizing public safety risks, damages to public property and associated potential hazard liabilities. Analysis:On August 16, 2016, the Augusta Commission approved awarding the On-Call Pothole Repair, Paving and Emergency Repair Services Contract to Blair Construction, Beam’s Contracting, and Georgia-Carolina Paving. Additional funds allocation to this contract is needed to help maintain current level of services. Financial Impact:Funds are available in the amount of $1,000,000 in SPLOST VII- Drainage & Grading (Stormwater). Alternatives:1). Approve $1,000,000 to continue the funding for the On-Call Pothole Repair, Paving and Emergency Repair Services Contract to Blair Construction, Beam’s Contracting, and Georgia-Carolina Paving as requested by AED. 2). Do not approve and identify alternate way to provide needed maintenance services. Recommendation:Approve Alternative Number One Funds are Available in the Following Accounts: SPLOST VII-Drainage & Grading (Stormwater) REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Engineering Services Committee Meeting 4/25/2017 1:05 PM Street Light Districts Department: Presenter:Commissioner Sammie Sias Caption:Approve establishing a subcommittee to review and recommend changes to the city ordinance to establish a Streetlight District. (Requested by Commissioner Sammie Sias) Background:The existing ordinance is very outdated and serves no useful purpose to the citizens of Augusta Richmond County. Under the present ordinance, a person buys a $200,000 house and then get together with his or her neighbors and petition the government in an attempt to get streetlights on their street. Streetlights should be shining when the lots are designated. An approved streetlight district must become a part of the development site plan. Secondly, this change must include a process for old established areas to get streetlights without having to go through the same cumbersome process outlined above. Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: AGENDA ITEM ITEQUEST FORM commission meetings: First and third ruesdays of each month - 2:fi) p.m.committee meetings: second ana hst TuesdaJs ri;h r;th _ r:fi) p.m. commission/committee: @rease check one and insert meeting date) Commission Public Safety Committee Public Seryices Committee Administrative Services Committee Engineering Services Committee Finance Committee Date of Meeting Date ofMeeting Date of Meeting Date of Meetins Date of MeetinEF\F Lrate of Meeting I contact Information for Individuaupresenter Making the Requmt: Name: Address: Telephone Number: Fax Number: E-Mail Address: Caption/Topic of Discussion to be placed on the '- -- , -a Please send this request forrn Ms. [,ena J. Bonner Clerk of Commission |:Pz|o Municipar Buitding 535 Telfair Street Augusta, GA 3{D0l to the following address: Telephone Number: 706-g2l-1g20 Fax Number: 206-g21-1g3gE-MailAddress: nmorawski@augustaga€ov Requests may be faxed, e-mailed or deliv-ered in person and must be received in the clerkrsoffice no rater than s:00 p.o,. or.in" wga"*a"v p;;l;g the commission meeting andS:fi) p'm' on the Tuesdav pneceains tt" 91giilL"';;;; of the fouowing week. A five-minute time limit wiil be ailowed foi presentations. Engineering Services Committee Meeting 4/25/2017 1:05 PM Tara Najim Department: Presenter: Caption:Presentation by Ms. Tara Najim regarding building a sidewalk on West Wheeler Parkway to support and encourage our pedestrians. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Engineering Services Committee Meeting 4/25/2017 1:05 PM Windsor Spring Rd Construction Project Department: Presenter:Commissioner Marion Williams Caption:Discuss Windsor Spring Road Widening Project and Augusta Utilities Sewer Connection Program. (Requested by Commissioner Marion Williams) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: